Loading...
HomeMy WebLinkAboutCC 2005-02-24 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Verbatim Minutes Thursday, February 24, 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 February 24, 2005 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES 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 SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES 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 24th day of February, 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 9:30 a.m., with Commissioner Allen absent, recessed at 11:49 a.m., reconvened at 2:43 p.m., recessed at 3:55 p . m., reconvened at 4:18 p. m., and adjourned at 5:50 p. m. Note for the Record: Commissioner Allen entered the meeting at 9:32 a.m. ALSO PRESENT: Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk City of Miami Page 2 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 PRESENTATIONS AND PROCLAMATIONS Commissioner Allen presented a proclamation to native Miamian Ruby Strickland on her 91st Birthday and for her contributions to the community throughout the years. Georgia Ayers: I was told to be here this morning to make a presentation. I was told to be here to make a presentation. The lady -- Chairman Sanchez: Ma'am, ma'am. Commissioner Allen: Ms. Ayers? Ms. Ayers: Oh, but I thought you said there was not going to be (INAUDIBLE). Chairman Sanchez: There are no -- well, that's presentation and proclamations by the elected officials, so -- Ms. Ayers: Well, then, you all have -- made a mistake here, because I was told to be here this morning. I (UNINTELLIGIBLE) -- Chairman Sanchez: Ma'am, would you -- could you step up, ma'am? Step up to the mike, state your name for the record, and -- Ms. Ayers: My name is Georgia Ayers -- Chairman Sanchez: Yes. Ms. Ayers: -- and I have my aunt, who was born here in Dade County, in Lemon City, February 14, 19 -- February 22, 1914, and a proclamation or a certificate was made up for her. Chairman Sanchez: Oh, I'm sorry. Ms. Ayers: And I was told to -- not to be here Tuesday. I said I would be here Tuesday, and I was told not to be Tuesday; to be here today, and she was 92 years old Commissioner Winton: Well, we've got to do some -- Ms. Ayers: Pardon me, 91 years old on February 22 and she's here. Chairman Sanchez: OK, ma'am. Who was the elected official making the presentation? Ms. Ayers: 1 spoke to the lady who does the proclamations or whatever. You know who she is; I don't. Commissioner Winton: Could -- Mr. Chairman. Chairman Sanchez: Yes. Commissioner Winton: May I suggest that, since her aunt is 92 years old and -- Ms. Ayers: 91. Commissioner Winton: -- 91 years old -- I can't imagine I'll make it that long -- that maybe we -- and sorry we don't have the proclamation ready, but could we not -- yeah -- get something from the Protocol Office and we'll follow with the proclamation, and present her with something from the City and -- City of Miami Page 3 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Commissioner Allen: Of course. Commissioner Winton: -- take pictures and honor her birthday today? Ms. Ayers: Well, I was told she would be here. She was born in Railroad -- I was born in Railroad Shop Colored Edition. She was born in Lemon City. You all know how adamant I've been about that, and 1 got her up out of her bed early this morning, and you need -- Commissioner Winton: Well -- excuse me. Ms. Ayers: -- to check with -- Commissioner Winton: Georgia. Ms. Ayers: -- your person, whoever makes the proclamation, whatever. 1 was told to be here today. Chairman Sanchez: Ma'am, we'll address the issue. Ms. Ayers: I thank you. Chairman Sanchez: If you could just give us a few minutes. Thank you so much for your patience. Ma'am, come on up, and we do apologize. Ms. Ayers: I'll let it fly. Commissioner Winton: What'd she say? Chairman Sanchez: All I could say, it isn't the first one you let slide. Commissioner Regalado: Georgia. Ms. Ayers: Commissioner Gonzalez -- Commissioner Allen: Yeah, Georgia -- Ms. Ayers: -- OK, this is your district, so you need to be -- yes. Commissioner Allen: Georgia. Yeah. Ms. Ayers: Gladly. Commissioner Allen: Yeah, Georgia, if you come on up, please, Ms. Ayers. Come on, Ms. Ayers . For those who aren't familiar with Ms. Ayers, she is a true institution in this community, so when she speaks, she speaks loudly and profoundly. Chairman Sanchez: Somebody's head will roll for that. Somebody's head will roll for that. Ms. Ayers: Well, you all know me. If you don't know me, you know me by now. Commissioner Allen: Yeah, we know you. Chairman Sanchez: 91 years old. God bless you. The way I'm going, I may not make it to 40. At this time, we'll pass the mike over to Commissioner Jeffery Allen, who will make the City of Miami Page 4 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 presentation. Ms. Ayers: Commissioner Gonzalez. Vice Chairman Gonzalez: Yes, ma'am. Ms. Ayers: I was born in your district, so you get behind me. Vice Chairman Gonzalez: It would be my honor. It would be my honor. Commissioner Allen: Thank you, Mr. Chairman. Ms. Ayers: My buddy. Mayor, you owe me some money, honey, and I want (INAUDIBLE). Commissioner Allen: Yes, ma'am, Ms. Ayers. She always bring a great deal of levity to this Commission. You look lovely this morning, Ms. Strickland, by the way. Yes, First of all, good morning. I want to thank everyone for coming out. Again, Mrs. Ayers, we apologize for the screw up here, but thank you very much. At this point, it's always important that we recognize and acknowledge those who have, in my opinion, passed the test of time, and this is a significant person who's been an attribute to this community overall, and to that end, we would like to present to you, Ms. Ruby Strickland, what's been prepared by our office, signed by the Mayor, and it reads as follows: "The City of Miami pays tribute to Ms. Ruby L. Strickland, wishing you a happy 91 st birthday." Now, may I do this just momentarily and deviate from this particular thing? Can we please sing Happy Birthday? (Applause) Commissioner Allen: Thank you very much. Yeah, I was just advised by Ms. Ayers that Mrs. Strickland has one son, who's still living. He's an attorney and he runs the Public Defender's Office in the lower Keys, and that's another significant milestone in your behalf. You've done a great job. Ms. Ayers: I am the one that she -- well, on the old days, they say raised, so whatever I am, whatever you all think I am, attribute it to her. Commissioner Allen: Thank you. Yes, so as -- good, so as 1 continue: "The City of Miami pays tribute to Ms. Ruby Strickland, wishing you a happy 91st birthday. Whereas, on behalf of the City of Miami, we are proud to join your family and friends to extend our sincere congratulations and best wishes to you, a loving humanitarian and native Miamian, born in Historic Lemon City, who likes to share with others her own affection for people and her own joy of living; and whereas, our local officials, humbled by the example of your commitment to the beloved community, wish to present this public recognition on your important social and civic contributions, especially your extraordinary work with the Herman A.M.E. Church in Opa- Locka, Florida; and whereas, it is just and appropriate that this community and this government pay tribute to you as an honorable pioneer resident of the City of Miami, wishing you health and happiness on your 91st Birthday, and always: Now, Therefore, 1, Manuel A. Diaz, Mayor of the City of Miami, do hereby proclaim Tuesday, the twenty-second of February in the year two thousand five as Ruby Strickland Day." Thank you. Signed by the Mayor, and 1 do believe the Mayor might want to say something. (Applause) Commissioner Allen: Oh, yes. Oh, terrific. What's also been handed to me, which is significant, is Mrs. Ruby Stickland's certificate from Booker T. Washington High School, her diploma, and it reads as follows: The 31 st of May, 1935." That is truly a milestone, and you're a truly -- 1'm City of Miami Page 5 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 glad to be in your presence, I must say that to you, as well. Mr. Mayor, would you like to say something, by any chance? OK. And we also have here -- Oh, wow, this is even more interesting, and this is also significant because, of course, this is Black History Month, but I'm -- I was handed here an abstract of a title for a realties securities preparation to the respective lots, lots 10, of the Railroad Shops Colored Edition. Ms. Ayers: I just want y'all to know, Mr. Mayor -- I mean, Commissioners, Mr. Mayor, what you all call Allapattah, that's not Allapattah. That is Railroad Shop Colored Edition, and yours truly was born there on October 21, 1928. She moved there from Lemon City in 1916, so what you all call Allapattah, what you all took from us by eminent domain and put that school for white children in 1947, I have all of that information right here. This is for history, and you all see me coming here, and I'm very serious about this. When you see me come here, don't rush me, because on August 1, 1947, the City of Miami Police came out and evicted 35 families in one time. Pardon? You wasn't even born, so you don't have to bear the blood then. You pass -- pass it onto them that's gone on below, so don't get mad with me; I'm only giving history. This is Black History Month and I can give it, can't I, ladies and gentlemen? Thank you. (Applause) Ms. Ayers: I love you still, but this is -- has been a bone in my throat for years and years. That is not Allapattah. Allapattah was south of 46th Street, and for your information, for those of you who don't know, the piece of property between Allapattah Middle School and your fire station was Evergreen Cemetery. Her daddy was the grave digger there, so be careful when you walk on that little piece of property. I know what I'm talking about, and after today, I promise you, 1 won't give you any more hell until the next time. Thanks very much. Commissioner Allen:: Thank you, Georgia. (Applause) Commissioner Allen: And again, thanks for coming out. Chairman Sanchez: Happy birthday, Ruby. MAYORAL VETOES NO MAYORAL VETOES Chairman Sanchez: There are also no mayoral vetoes. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Planning & Zoning Meeting of January 27, 2005 Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: At this time, 1 need a motion to approve the minutes of the Planning & Zoning meeting of January 27, 205 [sic]. Is there a motion? Commissioner Regalado: Move it. Chairman Sanchez: All right. Need a motion to approve the Planning & Zoning meeting from January 27, 205 [sic]. Is there a motion? Vice Chairman Gonzalez: Move it. City of Miami Page 6 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Commissioner Winton: So moved. Chairman Sanchez: There's a motion by the Vice Chair Gonzalez. Commissioner Regalado: Second. Commissioner Winton: There it is. Chairman Sanchez: There is a second by Commissioner Winton. Commissioner Allen: There is -- is that it? Chairman Sanchez: We do have it. We do apologize for the -- Commissioner Allen: Yes. Chairman Sanchez: OK, there's a motion and a second. 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. ORDER OF THE DAY Chairman Sanchez: The City of Miami Commission meeting is being called to order, February 24, 205 [sic], here in our historical and beautiful City Hall chambers. Good morning. I believe Commissioner Allen is here and he will be joining us shortly. We'll go ahead and start with the invocation, followed by the pledge of allegiance. Prayer and pledge of allegiance. Chairman Sanchez: Let me just read some statements on the record that we do at the beginning of every Commission meeting. Any person who acts as a lobbyist, pursuant to the City of Miami ordinance, must register with the City Clerk as a lobbyist. That's if you go in front of the Commission, or any board, please, you must register with the City Clerk. Also, any person making slanderous remarks or who becomes boisterous while addressing this Commission will be politely and respectfully asked to leave. Anyone who wishes to obtain a copy of the agenda, it is provided five days. All they need to do is just contact the City Clerk's Office. Any person who seeks to address this Commission on any of the items before us today, all that person needs to do is just state their name for the record, with the Clerk's Office, to address the Commission. This is a Planning & Zoning agenda. We do have a lot of items on the agenda. 'just want to go ahead and try to get through as much as we can this morning. I believe there are no presentations or no proclamation this morning? Correct me if I'm wrong. OK, so there are none. All right. I want to take this opportunity to -- some of the PZ (Planning & Zoning) items have been requested to be heard at the end of the Commission meeting, but some of the PZ items through the homeowners association, have contacted that they would like to hear them after 5 o'clock. Of course, we will do everything within our power to make sure that we do it after 5 o'clock, giving them an opportunity to be here in front of the Commission. Let me just state for the record that Commissioner Regalado has an item time certain at 4 o'clock pertaining to the ALF (Adult Living Facility). We also have the Vizcaya Roads Homeowners' Association, has PZ 18 and 19; that they're asking that it be heard at 5 o'clock. We also have the Shore Crest Homeowners' Association requesting that PZ.20 and 21 be heard after 5 o'clock, and I believe that Commissioner Winton -- there is an item also that the residents have requested to be heard after 5 o'clock, and of course, we will do everything in our power to make sure that they're heard at 5 City of Miami Page 7 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 o'clock, so just a reminder on that. I want to state for the record that any of the items that are deferred, if they are from the regular agenda, Madam Clerk, should be going on the next Commission meeting regular agenda, and any of the PZ items that are deferred will go at the next PZ meeting, and the reason why we do that is just to maintain order and decor as to the process that we have established here. Mr. -- before we go into the consent agenda, Mr. City Manager, there's something I'd like to bring out. I will be, in a memo form, sending you a memo. I'm a little concerned as to some of these items that are on the consent agenda. I think that we should only deal with contracts under $1, 000, 000 on consent agenda. Anything over that really deserves to stand alone, a resolution to be considered and voted on an individual basis. It's just a matter offormality. It's accountability, transparency, and clarity, which is something that we focus here at the Commission. Also, on that, we have seven public hearings that are today for non -zoning items, and the concern that I have on that, based on some of the recommendations by the City and itself are justified in not postponing them because, as you know, the cost of cement and concrete on some of these items will end up costing us money, but I just want to make sure that we do have a balance in these PZ items to make sure that what we've established here to streamline the agenda -- we've been very successful -- that we do maintain an order and we don't deviate from it, so having said that, once again, I want to thank everyone who's labored so hard to streamline the agenda, and the Commission meetings are running much, much smoother and in much, much order than they were in the past. All right. That, I believe, concludes the regular agenda. We'll be going to PZ (Planning & Zoning) items. Before we move further on PZ items, let me state for the record that anyone acting as a lobbyist or representing anyone here that would be compensated for representation needs to check in with the Clerk and register as a lobbyist. Anyone coming in front of the Commission or lobby or any legislative body here needs to register as a lobby [sic]. Anyone making slanderous remarks or boisterous remarks will be asked kindly and respectfully to exit City Hall. All those wishing to receive a copy of the agenda can obtain a copy within five days, and all those wishing to address this Commission on an item needs to step forward and register with the Clerk to speak on any of the items, OK. All those that will be testifying on any of the PZ items, please stand up and be sworn in. Madam Clerk. Priscilla A. Thompson (City Clerk): Please raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chairman Sanchez: Moving on to PZ 2 -- let me -- before we do that, let me just state that there were some items that were requested by the residents to be heard at five or after the PZ ( Planning & Zoning) items. Those were -- Commissioner Winton, your office requested that PZ 8 and PZ.9 be heard right after lunch break That'll be the first item that we hear right after lunch. The Vizcaya Roads requested that PZ 18 and 19 to be heard at the end of the agenda, so those will be heard at the end of the agenda. We also have Shore Crest folks requested PZ 21 and 20 to be heard at the end of the agenda, so courtesy to those neighbors. Those items will be heard. Also, Commissioner Regalado, you have a time certain at 4 p.m., which are the residents of Shenandoah, pertaining to PZ.22, which is the ALFs (Adult Living Facilities). Commissioner Regalado: OK. Chairman Sanchez: All right. Ms. Slazyk: OK. My understanding is we're doing 8 and 9 after lunch or you're -- Chairman Sanchez: Yes, we are. Ms. Slazyk: She's here. City of Miami Page 8 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Chairman Sanchez: So we'll go to straight -- Ms. Slazyk: OK, after lunch. Chairman Sanchez: We'll go to PZ 12. All the rest are being heard in the afternoon, at the request of the residents. Ms. Slazyk: OK. PZ.12 and -- Commissioner Winton: By the way, ma'am, ma'am -- Ms. Thompson: I'm sorry, Chair. I'm sorry. Did you say we're going to PZ.12, so we're not touching 10 and 11? Commissioner Winton: PZ. 8 and 9 are being heard at 2: 30, and then your office requested that 10 and 11 be heard also in the afternoon. Ms. Thompson: I'm -- I didn't have that the first time around. (UNINTELLIGIBLE) -- Chairman Sanchez: Well, I'm -- Commissioner Winton: Well, 1 think mine was -- Commissioner Regalado: I requested that. Chairman Sanchez: Oh, Commissioner -- 1'm sorry -- Regalado requested it. I'm trying to please everybody here. Commissioner Winton: And, by the way, I was going to make that point. I know that maybe my office requested that. You run these meetings and you're doing a great job, and you don't have to do any of that. Chairman Sanchez: Well -- Commissioner Winton: So if you decide, 1 don't mind at all. 1 didn't request it. I don't know what that's about, so you're running these meetings and I love the way you're running the meetings. Chairman Sanchez: Well -- Commissioner Winton: I'm following you. Chairman Sanchez: If it's a con -- if it's -- Commissioner Regalado: Me, too. Chairman Sanchez: -- an item that has opposition, I think that we need to have the residents -- Commissioner Winton: That's different. Chairman Sanchez: -- afford them the opportunity -- Commissioner Winton: I agree. City of Miami Page 9 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Chairman Sanchez: -- to come here after work, you know, Commissioner Winton: And I agree with that a hundred percent. Chairman Sanchez: And we'll -- now, if the meeting ends up at 3, I mean, there's no way I'm going to tell you to take a 3-hour or a 2-hour -- Commissioner Winton: Yeah. Chairman Sanchez: -- recess to come back after 5, but if we -- like this meeting will probably go on till about 5, so after 5, we'll address those issues that are controversial. Commissioner Winton: Well, just understand, you're the boss. Chairman Sanchez: OK. OK. PZ 14. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.14 is a first -- this item -- Chairman Sanchez: Oh, wait a minute. Wait a minute. Is that the one -- Ms. Slazyk: This is the one we're doing in the afternoon. Chairman Sanchez: Yes, yes. Ms. Slazyk: OK. Chairman Sanchez: Yes, 14. Commissioner Allen: Yeah, 14. Ms. Slazyk: We're up to 16. Ms. Thompson: No, I'm sorry then. I'm totally confused. If I might, I have for the afternoon PZ. 8 and 9, PZ 18 and 19, PZ.21, 20; PZ.22 and then PZ 10 and 11. Did I miss something? Vice Chairman Gonzalez: What happened with PZ 13? Commissioner Winton: 13 and 14 or 14 and 15, whatever that was. Vice Chairman Gonzalez: 13 is the companion? Ms. Slazyk: 13 was the companion to 12. It was just continued -- Chairman Sanchez: It was continued. Ms. Slazyk: -- and we were up to 14. Vice Chairman Gonzalez: So it's also continued. All right. Chairman Sanchez: I believe -- Ms. Slazyk: Which -- Chairman Sanchez: -- it's -- City of Miami Page 10 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Ms. Slazyk: We're ready, if -- Chairman Sanchez: Isn't your office -- isn't this an issue Coconut Grove that requested after 2: 30? Commissioner Winton: Is that correct? Chairman Sanchez: Well, I'll tell you what. Commissioner Winton: (UNINTELLIGIBLE). Chairman Sanchez: Why don't we recess for lunch, and we'll just come back and finish the remaining of the PZ (Planning & Zoning) items, all right. That way everybody will be happy. The -- Commissioner Allen: Right. Chairman Sanchez: -- items will be brought in the afternoon. Was your item PZ.14 that you wanted this afternoon? Unidentified Speaker: Yes, this afternoon. Chairman Sanchez: OK, fine. All right. All right, so the City Commission stands in recess. We'll be back at 2: 30 to continue our PZ items. Good afternoon and welcome to City Hall. Recess is over and the meeting is being called to order. We have 13 more PZ items that'll be heard this afternoon. Those of you that arrived in the afternoon that have not been sworn in that will be speaking on the PZ items, please stand up and be sworn in, and then please let the Clerk know that you will be speaking on an item. If you have already been sworn in, you do not need to stand up. OK, Madam Clerk, would you swear them in, please? Ms. Thompson: Please raise your right hand. Anyone that's going to be speaking, I need you to please stand up. Please raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chairman Sanchez: All right. Let me remind, any person who acts as a lobbyist, pursuant to City Ordinance 11469 must register with the City Clerk prior to engaging in any lobbying activity before the City staff, board, committee or the City Commission. Any person making slanderous remarks or anyone who becomes boisterous will be asked to leave the Commission very nicely. We ask you that if you're interested in obtaining a copy of the agenda, it is prepared five days, and you can contact the City Clerk's Office for a copy of it, and any person who seeks to address this Commission, all they need to do is register with the City Clerk; step up, state your name -- step to the podium, state your name and your address, and address the Commission. CONSENT AGENDA Direction by Chairman Sanchez to the City Clerk to ensure that deferred items that deal with regular issues be scheduled on the next regular agenda and items that deal with Planning and Zoning issues be scheduled on the next Planning and Zoning agenda; further directing the City Manager not to place agenda items that deal with contracts over $1 million on the Consent Agenda. CA.1 05-00049 RESOLUTION City of Miami Page 11 Printed on 3115/2005 City Commission Verbatim Minutes February 24, 2005 DIRECTOR OF FINANCE TO PAY BORIS AND LILLIANA BLANCO, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $60,000 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 BORIS AND LILLIANA BLANCO VS. CITY OF MIAMI, ET AL ., IN THE UNITED STATES DISTRICT COURT, CASE NO. 04-20218-CIV- JORDAN, UPON EXECUTING A GENERAL RELEASE OF 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. 05-00049-cover memo.pdf 05-00049-budget.pdf 05-00049-resolution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0110 CA.2 05-00085 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A GRANT FROM THE MIAMI-DADE COUNTY OFFICE OF AMERICAN DISABILITIES ASSOCIATION COORDINATION, IN THE AMOUNT OF $37,444.49; ALLOCATING SAID FUNDS, IN AN AMOUNT OF $24,846.49 FOR THE PURCHASE OF A FOURTEEN (14) PASSENGER, WHEELCHAIR ACCESSIBLE MINIBUS, AND ALLOCATING THE AMOUNT OF $12,598 TOWARDS PROGRAM EXPENSES FOR THE DEPARTMENT OF PARKS AND RECREATION DISABILITIES DIVISION'S NINE -WEEK SUMMER CAMP; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE; APPROPRIATING SAID FUNDS INTO THE CITY OF MIAMI PROGRAMS FOR PERSONS WITH DISABILITIES ACCOUNT NO. 110112.058078.4.506. 05-00085-summary form.pdf 05-00085-memo.pdf 05-00085-city letter.pdf 05-00085-check.pdf 05-00085-resolution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0111 CA.3 05-00086 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRSPACE AGREEMENT AND ADDENDUM TO AIRSPACE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE USE OF RIGHT-OF-WAY City of Miami Page 12 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 PARCEL NO. 0001/RWMS 1059, LOCATED UNDER 1-95 BETWEEN NORTHWEST 4TH TO NORTHWEST 7TH STREETS, MIAMI, FLORIDA, FOR THE PUBLIC PURPOSE AND USE AS PARKING FOR POLICE AND IMPOUNDED VEHICLES, FOR A FIVE-YEAR PERIOD, WITH AN ANNUAL RENT OF $1.00, WITH ALL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO EXTEND SAID AGREEMENT AND ADDENDUM AS NECESSARY, UNDER THE SAME TERMS AND CONDITIONS AS THE AGREEMENT ATTACHED HERETO. 05-00086-exhibit 1. pd f 05-00086-exh ib it2. pdf 05-00086-exh i b itA. pdf 05-00086-exh ib itB. pdf 05-00086-exhibitC. pdf 05-00086-exh ib itD. pdf 05-00086-memo.pdf 05-00086-pre resolution.pdf 05-00086-resolution. pdf 05-00086-summary form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0112 CA.4 05-00087 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A NEGOTIATED PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH COOPER, ROBERTSON AND PARTNERS, TO PROVIDE A MASTER PLAN FOR THE MUSEUM OF SCIENCE (B30169) AND THE MIAMI ART MUSEUM (630170), COLLECTIVELY KNOWN AS BICENTENNIAL PARK "MUSEUM PARK MIAMI" MASTER PLAN, IN THE AMOUNT NOT TO EXCEED $1,344,455, FOR THE CONTRACT COSTS AND AN AMOUNT NOT TO EXCEED $55,545, FOR ADDITIONAL COSTS INCURRED BY THE CITY OF MIAMI FOR SAID PROJECT; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $650,000, FROM CAPITAL IMPROVEMENTS PROJECT ("CIP") NO. 333143, THE AMOUNT NOT TO EXCEED $650,000, FROM CIP NO. 333144 AND THE AMOUNT NOT TO EXCEED $100,000, FROM AVAILABLE SOURCES TO BE IDENTIFIED BY THE CITY MANAGER AND REPORTED TO THE CITY COMMISSION NO LATER THAN MARCH 24, 2005. City of Miami Page 13 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 05-00087-exhibit 1. pdf 05-00087-exh ib itA. pdf 05-00087-exh ib itB. pdf 05-00087-exhibitC. pdf 05-00087-resolution.pdf 05-00087-pre resolution3.pdf 05-00087-pre resolution2.pdf 05-00087-email.pdf 05-00087-city owned properties.pdf 05-00087-7.4-7.6.pdf 05-00087-imdemnification and insurance.pdf 05-00087-certificates of authority.pdf 05-00087-RFQ information form.pdf 05-00087-section6. pdf 05-00087-section5. pdf 05-00087-section4. pdf 05-00087-section3. pdf 05-00087-section2. pdf 05-00087-section 1. pdf 05-00087-master plan.pdf 05-00087-acceptance of recommendation.pdf 05-00087-pre resolution.pdf 05-00087-summary form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0113 CA.5 05-00088 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 04-0622, ADOPTED SEPTEMBER 23, 2004, FOR THE PURCHASE OF CELLULAR AND PAGING EQUIPMENT AND SERVICE, BY INCLUDING THE LANGUAGE "AND GRANTS, OR LAW ENFORCEMENT TRUST FUNDS" AS ADDITIONAL SOURCES OF FUNDS, AS STATED HEREIN. City of Miami Page 14 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 05-00088-summary form.pdf 05-00088-pre resolution.pdf 05-00088-certificatio n. pdf 05-00088-memol .pdf 05-00088-memo2.pdf 05-00088-memo3. pdf 05-00088-memo4. pdf 05-00088-memo5.pdf 05-00088-memo6. pdf 05-00088-amendment No.1.pdf 05-00088-memo7. pdf 05-00088-certification of contract.pdf 05-00088-contract administrator.pdf 05-00088-instructions to bidders.pdf 05-00088-technical specifications.pdf 05-00088-general conditions.pdf 05-00088-amendment No.2.pdf 05-00088-amendment No.1A.pdf 05-00088-equipment and services.pdf 05-00088-resolution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0114 CA.6 05-00089 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE REQUEST FOR QUALIFICATIONS NO. 03-04-153 EVALUATION COMMITTEE'S FINDINGS THAT THE FIRM MOST QUALIFIED TO PROVIDE HOMELAND SECURITY AND EMERGENCY MANAGEMENT PLANNING, TRAINING AND MANAGEMENT CONSULTING SERVICES FOR THE DEPARTMENT OF FIRE -RESCUE IS DAVISLOGIC, INC. D/B/A ALL HANDS CONSULTING (" DAVISLOGIC"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH DAVISLOGIC, THE TOP -RANKED FIRM; DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION. 05-00089-summary form.pdf 05-00089-tabulation sheet.pdf 05-00089-memo.pdf 05-00089-city RFQ.pdf 05-00089-pre resolution1.pdf 05-00089-pre resolution2.pdf 05-00089-resolution. pdf MOTION A motion was made by Commissioner Allen, seconded by Commissioner Winton, and was passed unanimously, to reject all proposals received in response to Request for Qualifications (RFQ) 03 -04-153 to provide homeland security and emergency management planning, training and management consulting services; further instructing the City Manager to re -issue said RFQ City of Miami Page 15 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 addressing all of the Commission's concerns; further requesting that said RFQ include a contract for no more than 2 years, with the possibility of an extension. A motion by a 4/5ths affirmative vote was made by Vice Chairman Gonzalez, seconded by Commissioner Winton, and was passed unanimously, to extend the existing contract with Davis Logic, Inc., d/b/a All Hands Consulting, for homeland security services, for 90 days. Chairman Sanchez: Let's go to -- which one do you want to bring up first? Commissioner Winton: CA.6 is fine with me. Vice Chairman Gonzalez: Ill bring CA.6. Chairman Sanchez: CA. 6 -- Vice Chairman Gonzalez: Yeah, Mr. Chairman, 1-- Chairman Sanchez: -- is being called. Vice Chairman Gonzalez: -- do have certain concerns in reference to A.6 -- to CA.6, I'm sorry. First of all, I believe a component of the Police Department should have -- had set at this committee. Second, 1-- the concern is more strong -- is a stronger -- this -- the extent of this contract for four years and an additional four years, I have a serious problem with that. I will never vote on a contract for so many years. I also asked questions -- or my office asked questions about the scope of service, and nobody was able to answer me. What kind of service is the City going to receive for the "X" amount of dollars that we're going to be paying on this contract? So I do have those three concerns. Chairman Sanchez: All right. Any other discussion from the Commissioners on that item? Commissioner Winton: Yeah. Commissioner Regalado: Yeah. Chairman Sanchez: Commissioner Regalado, you're recognized. Commissioner Regalado: OK. 1 have a question. I read in the paper today about this issue, that the contract will expire in three days, and according to Chief Fernandez, the training, antiterrorism training will be paralyzed. Well, I don't know the issues in this contract, but I do know that the priority in the United States is antiterrorism, so I don't know why this contract is going to expire, and the question is, why did we waited so long? Why do we have to vote under the gun always? I mean, three days -- if we don't vote, you know, another 9/11, or if we vote, we make a mistake. What is going on here? I don't really know the issues on this -- all I know is what I read in the paper, something that the attorney told me. I have not been briefed by the administration on this, at all, nor I have met with anybody pro or against this issue, so I just want to understand why did we have to wait to the last minute, just cliff-hanger here. If we don't do it, antiterrorism training stop. If we do it, we make a mistake. Commissioner Winton: Well, is that accurate, by the way? Commissioner Regalado: I don't know. That's what I read in the paper. Chairman Sanchez: Mr. City Attorney, why don't you give us a background on this item, and maybe the options for the process that exist. Why don't you provide that information to us. City of Miami Page 16 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Jorge L. Fernandez (City Attorney): The background to this is that there was an RFQ (Request For Qualifications) process that took place, and the item in front of you this morning is the recommendation of the City Manager for you to authorize him to enter into negotiations with DavisLogic to look at possibly coming back with a contract for you for the scope of services provided in that RFQ. That is, in short, the process that has taken place that's in front of you. With regard to your options today, as you consider this item, I can tell you that the City of Miami purchasing ordinance provides that the Miami City Commission may, at this stage, approve the City Manager's recommendation; 2, reject -- Commissioner Winton: What is -- Mr. Fernandez: -- all proposals; 3, reject all proposals and instruct the City Manager to reissue the solicitations again. This right to reject by the City is expressly referenced in the request for qualifications that went out as part of this process, so as you sit here today, those are your three options that you may pursue. Commissioner Winton: Mr. Chair? Chairman Sanchez: Commissioner Winton. Commissioner Winton: You know, it's seldom that I get involved in procurement because unlike our -- my big brother, big sister at County Hall, we don't get involved in procurement very often, and we try to stay out of procurement, but I got a call from the Miami Herald day before yesterday, and so I did do some research and I also have a couple of questions. You said we could approve the City Manager's recommendation. The City Manager's recommendation is that we -- Mr. Fernandez: Authorize him to negotiate with DavisLogic. Commissioner Winton: OK, and I don't think I've ever gone against the City Manager's recommendation, but I am concerned about a couple of things here. One is that, in the research that I did, 1 think that -- and I'm sure this wasn't by design at all, but it is something we have to pay careful attention to, and that's this ethics question, and one of the things that I understand -- and I think it's a real issue -- is that one of the members of the panel sent a letter of recommendation to the committee some time ago, not as a committee member because he hadn't been appointed then, but then became a committee member, and part of the selections criteria was about recommendations, and so a letter of recommendation's in the file for somebody that's on the committee and that gets points. It just doesn't -- I don't think there was any mal intent, but it doesn't feel right and it doesn't smell right, and that's -- I think we've got to look at that, and the other thing is the question raised from the Miami Herald, and I couldn't sort through this myself, so that makes me question more, and that is relative to the presence and background of corporate officers of this corporation, and I couldn't sort through it, and if you can't sort through that issue in our own process, then you wonder. Now, what 1 would never recommend is that we -- and we've never done this since I've been here in five years -- I would never recommend that we go back or go down the list and go to the next guy. I think that smells bad also. That -- this Commission -- this City had a long history of doing that for 20 years, where the guy in third place won, and I think that's -- that would be awful, and so I think the -- at least from my viewpoint, I'm not sure -- my viewpoint is that we probably ought to consider rejecting all of these and starting the RFQ process over, and making sure that we address the issues, like ethics Commissioner Regalado: Mr. Chairman. Commissioner Winton: -- and corporate governance, who's really running the thing, and then you can negotiate something. City of Miami Page 17 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Chairman Sanchez: Commissioner Regalado. Commissioner Allen: And I'd like to weigh in as well. Commissioner Regalado: OK. Chairman Sanchez: OK. Commissioner Regalado, then Commissioner Allen, and then I'll speak last as the Chair. Commissioner Regalado: Again, who can answer my question? I'm not talking about -- Joe Arriola (City Manager): I can. Commissioner Regalado: -- the process. Mr. Arriola: I can. Commissioner Regalado: Is the contract out -- are we going to see the antiterrorism training paralyzed, as 1 read in the Herald today -- as quoted Chief Fernandez in the Herald? Mr. Arriola: No, no, no, sir, and what's more, it depends on what you do here, I could extend that contract for 30, 60 days; you could vote on it, just extend -- give them a contract extension, if we feel better about it. We could give a contract extension -- Commissioner Winton: Well, I would. Mr. Arriola: -- for 60 days, where the process goes on and nothing will be affected, sir and you - - Commissioner Regalado, of all people, you should know (comments in Spanish; not translated). Commissioner Regalado: Well, I do -- I -- it's just that when I -- well, the Herald hasn't ever said anything that I have not said or done. That -- in my case, I do believe in the Herald, but my question is, why do we have to wait so long? I mean, you know, it's not -- I mean, security, antiterrorism. I mean, we should be on top of this. I don't understand why we waited so much, but that was the question. Chairman Sanchez: Commissioner Allen. Commissioner Allen: Yes, Mr. Chairman, thank you very much. After listening to the City Attorney and hearing the other arguments from my esteemed panel here, I'd like to do this. Why don't I --1 would suggest this, that we make a motion that reject all proposals for -- Chairman Sanchez: But before you make a motion -- and why don't you -- Commissioner Allen: Sure. Chairman Sanchez: -- allow me the opportunity -- Commissioner Allen: Sure, correct. Chairman Sanchez: -- as the Chair to speak on this item -- Commissioner Allen: Sure. Chairman Sanchez: -- because, you know, I think a decision has to be made on the -- on an City of Miami Page 18 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 analysis; that I think that the City Attorney can provide us with an analysis as to this entire process. Mr. Fernandez: Yes. The -- my analysis would be based clearly on the options that you have provided to you by the Code and on the nature of the comments that most of you have made with regard to inconsistencies or areas of concern that you have. What I can tell you is that you are entitled -- and there is no question in my mind that you would be acting reasonably and prudently if you choose the option of rejecting the bids and -- or rejecting the process and instructing the City Manager to go out again and, in fact, take into consideration in putting out the next RFQ all of the comments and considerations that you have raised, primarily the ones with regard to involvement by law enforcement. As Commissioner Gonzalez says, the term that is being put out there, 1 understand him to have shown some concern with regard -- to the length of that -- Commissioner Winton: As do I. Mr. Fernandez: -- and giving all of those directions and instruction, it would be my suggestion to you or my analysis of the facts that's in front of you that you could be reasonable and very prudent in instructing the City Manager to go out again. Vice Chairman Gonzalez: Would you yield just a minute? Chairman Sanchez: I would yield for Commissioner Gonzalez, but then I'll take the floor again. Vice Chairman Gonzalez: Mr. City Attorney, now that I find out that we're talking about a training on antiterrorism, OK -- nobody was able to answer -- that was one of my questions in regard to this contract. What is this company going to do for this amount of dollars? Because 1 need to know how we're spending the taxpayers' dollars. Nobody was able to give me that answer, but now that I know the answer or part of the answer or the scope of service, I can't understand how come the Police Department, our Police Department was not involved in this selection committee and our Police Department didn't had anything to do on this contract. Mr. Fernandez: Yeah. Vice Chairman Gonzalez: -- on the selections of this company or whatever, you know, and part of an amendment to the motion -- whatever the motion is going to be -- is that that concern -- you know, you take that into consideration, because the Police Department needs to be involved, especially if we're talking about antiterrorism. Commissioner Winton: Then how could they not be involved? Mr. Fernandez.: Yeah. Vice Chairman Gonzalez: Thank you. Mr. Fernandez: Mr. Chairman, the point -- another point that I failed to make is that this Commission owns the process. Up until now, you had delegated it to the administration, and clearly, the administration has come to you with a recommendation, but notwithstanding his recommendation, you still own the process and you must be the ones who ultimately have to feel comfortable and have to be in agreement with it, notwithstanding his recommendation or for that matter, my analysis, so you need to search your soul and make sure that you believe you're doing the right thing for the City of Miami in whatever action it is you take this morning. Chairman Sanchez: Well, based on the concerns that I've heard today expressed by my colleagues here, they are valid concerns. The question that I think that's most important is on City of Miami Page 19 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 national security, which is our number one priority in our nation, is to make sure that the statement that was made is not a true statement, that the process will be paralyzed, and as the City Manager stated, they could always extend the contract for six months or five months or whatever it may be, for 60 days, 90 days to continue the process, so that's the only concern that I have, so it's not foreseen as we're -- you know, we're dropping our arms in this situation, so having said that, at this time -- Al Dotson: Mr. Chairman. Chairman Sanchez: -- is there a motion from -- Mr. Dotson: Mr. Chairman. Chairman Sanchez: It's not open -- Commissioner Allen: Yeah. Commissioner Regalado: Mr. Chairman, it's just -- Commissioner Allen: Yeah. Mr. Chairman -- Chairman Sanchez: It's not open for -- Commissioner Winton: He doesn't have to recognize you. Commissioner Allen: Mr. Chairman. Commissioner Regalado: Mr. Chairman. Commissioner Allen: Mr. Chairman. Chairman Sanchez: Yes. Commissioner Allen, and as it is right now, it's under discussion in the Commission. If the Commission makes a decision, it will not be opened to the public. If it's -- if no decision is being made, then you'll have an opportunity to present your case. Commissioner Allen. Commissioner Allen: All right, Mr. Chairman, after having heard argument this morning and listening to our City Attorney, I would like to make a motion -- I think this is in the best interest of both the City as well as this Commission -- I'd like to make a motion that we reject all proposals for RFQ 03-04153, and instruct the City Manager to reissue the RFQ addressing all the concerns. Commissioner Winton: I would second that motion. Chairman Sanchez: All right. There is a motion on the floor. There is a second. Open for discussion from the Commission. Mr. Arriola: Can I -- Chairman Sanchez: Mr. City Manager. Mr. Arriola: Chairman, fora second. If it's -- if you would think that this be reasonable, can -- add to that that you will -- and you have to have a four -fifths vote on this, by the way -- Commissioner Winton: Then separate them. City of Miami Page 20 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Mr. Arriola: -- extend the contract for 90 days. Commissioner Winton: Then -- well -- Mr. Arriola: You know, extend this contract that -- existing contract for 90 days -- Chairman Sanchez: The maker of the motion -- Mr. Arriola: -- then there'd be no interruption -- Chairman Sanchez: The maker of the motion -- Mr. Arriola: -- and there'd be no problem. Chairman Sanchez: -- can accept that amendment. Commissioner Allen: Is -- Mr. Dotson: Mr. Chairman. Chairman Sanchez: Does the maker of the motion accept the amendment? Mr. Dotson: Mr. Chairman, there'd been certain misstatements on the record -- Commissioner Allen: And you said 60 days, that's (UNINTELLIGIBLE) -- Chairman Sanchez: Sir, you're out of order. Commissioner Allen: -- good cause? Mr. Arriola: Oh, it'd be a separate motion, OK. Commissioner Allen: That's -- that has to be -- Commissioner Winton: Yeah, it should be -- Commissioner Allen: -- a separate motion, procedurally. Mr. Arriola: Yeah, OK, I'm sorry. Commissioner Allen: Mr. Chairman, I think, procedurally, that would have to be a separate motion, and we still have to vote on -- Commissioner Winton: Yes. Commissioner Allen: -- the motion that I proffered first. Commissioner Winton: Right. Unidentified Speaker: Keep it simple. Chairman Sanchez: All right. Commissioner Winton: Yes. City of Miami Page 21 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Vice Chairman Gonzalez: I would like to add something, Mr. Chairman. Commissioner Allen -- Commissioner Allen: Sure. Vice Chairman Gonzalez.: -- I don't know if you -- you know, if you could include in your motion that whatever the end result of this transaction is going to be, that the contract, whatever contract comes back to this Commission for those services, be no more than two years, with possible extensions, but no more contract of -- Commissioner Winton: I'm with you, Angel. Vice Chairman Gonzalez: -- eight years at one shot or four years at one shot. Commissioner Allen: And that sounds very reasonable and fair, and there's just cause for that approach. I would like -- I would also amend my motion to reflect what Commissioner Gonzalez has just stated. Vice Chairman Gonzalez: Thank you. Chairman Sanchez: All right, so -- Commissioner Winton: The second will accept that. Chairman Sanchez: -- there's a motion and a second. Second. Commissioner Winton: And I'd like to call the question. Chairman Sanchez: OK, the question has been called. Commissioner Regalado: Wait, wait, wait. Chairman Sanchez: The question -- Commissioner Regalado: I have a question. Chairman Sanchez: -- has been called, Commissioner Regalado. Commissioner Winton: The question has been called. Commissioner Regalado: I have a question. How many million dollars is this contract? Millions. Mr. Fernandez: This is an RFQ, and what the Commission would have been expected to have done today would have been to authorize the City Manager to negotiate a contract, and the amount would have been then subject to that negotiation and that contract that would have come back to this City Commission at a future date for approval, so there is no amount certain at this point, but given the nature of the contemplated length offour plus two 2s, it could have been several million dollars -- Mr. Dotson: Mr. Chairman. Mr. Fernandez: -- at the end of the day -- Commissioner Regalado: OK. City of Miami Page 22 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Mr. Fernandez: -- after negotiating it. Commissioner Winton: Excuse me. I've called -- Commissioner Regalado: And excuse me. Commissioner Winton: Mr. Chairman. Commissioner Regalado: Excuse me. I still have a question. Commissioner Winton: I've called the question. Commissioner Regalado: I -- Chairman Sanchez: Commissioner Regalado -- Commissioner Regalado: I have -- Chairman Sanchez: -- the question has been called. I mean, we have a -- Commissioner Regalado: Well, but I have the right to answer -- Commissioner Winton: Not -- Commissioner Regalado: -- to ask questions. I mean -- Commissioner Winton: Not by the rule of order. Commissioner Regalado: -- do I -- Mr. City Attorney, do 1 have the right to answer -- Chairman Sanchez: By the rule of order, what -- Commissioner Regalado: -- to ask a question? Chairman Sanchez: No. Mr. Fernandez: The Mason's Rules of Order, it's up to the Chair -- Commissioner Regalado: So the Mason's Rules of Order is being used to shut me up? Chairman Sanchez: No, not to shut you up, but it's the rules that affect our government -- legislative body. Commissioner Regalado: OK. Mr. Fernandez.: The collegiality of this body -- Commissioner Regalado: I'll behave. Commissioner Winton: I will remove my call of the question. Mr. Fernandez: There you go. Commissioner Regalado: Thank you. Why do we get a process that is so full of holes? That was City of Miami Page 23 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 my question. Commissioner Winton: That's a good question. Commissioner Regalado: We have a lot of people that know about this procurement business. Why do we have to get in this brouhaha -- Commissioner Winton: Yeah, good question. Commissioner Regalado: That was my question. Commissioner Winton: And that's a good one. Vice Chairman Gonzalez: And that is a good question. Commissioner Winton: So my apologize -- Mr. Arriola: And that's a good question. Commissioner Winton: -- my apologies to you, Commissioner Regalado. Mr. Arriola: We start -- Chairman Sanchez: Mr. City Manager, and I will keep this meeting in order. Mr. Arriola: OK. It's a very good question. We started the process back in September, October, and November, and we -- because this is a new process that has a lot to do -- this particular contract has a lot to do with grant money. To be very honest, we dropped the ball. We didn't do the job we were supposed to do to bring it to the Commission sooner, We should have brought this to you earlier; we didn't. I -- Commissioner Winton: Without holes in it. Mr. Arriola: -- apologize for that, and you're right. Having said all of the apologies and so on and the sort, this is not a live and die situation. We could extend the contract and life goes on, so it's not like, you know -- let's don't make it more critical than it is, but you're right, we screwed up. Chairman Sanchez: All right. There's a motion and a second. Vice Chairman Gonzalez. I would like to call the question. Commissioner Allen: Call the question, Mr. Chairman. Chairman Sanchez: All in -- Vice Chairman Gonzalez: Commissioner Regalado answer -- has been answered. Commissioner Allen: Yeah. Call the question. Chairman Sanchez: The -- call the question has been placed on the floor. All in favor, say "aye The Commission (Collectively): Aye. City of Miami Page 24 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Chairman Sanchez: Anyone in opposition, having the same right, say "nay." It carries. Now, we need a motion to extend the contract for 60 days. Is there a motion? Mr. Fernandez: 90 days -- Commissioner Winton: So moved. Mr. Fernandez: -- Mr. Chairman. Vice Chairman Gonzalez: I'll make a motion to extend the -- Chairman Sanchez: Correction, 90 days. Vice Chairman Gonzalez: -- present contract for 90 days. Commissioner Winton: Second. Chairman Sanchez: OK. Vice Chairman Gonzalez: So there's a motion -- Chairman Sanchez: There's a motion -- Vice Chairman Gonzalez: -- and a second. Chairman Sanchez: -- and a second. The motion has been made by Vice Chairman Gonzalez. Who made the second, for the record? Commissioner Winton. All in favor, say "aye." Mr. Fernandez: Mr. Chairman, and let the Clerk reflect that this is an emergency item that you're taking. Chairman Sanchez: It requires a four -fifths vote. Mr. Fernandez.: It requires four -fifths. Chairman Sanchez: Madam Clerk, it's a four -fifths vote. It's an emergency item. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Mr. Fernandez.: Unanimously. Chairman Sanchez: Unanimously. Thank you. There will be no public discussion on this. The Commission has taken action. If the Commission failed to take action, then we would open it up to the public. Vice Chairman Gonzalez.: Mr. Chairman, I have another -- Mr. Dotson: Thank you, Mr. Chairman. I just wanted to make sure that you were aware that there were certain misstatements about the facts and the involvement of the City police -- Chairman Sanchez: Sir. City of Miami Page 25 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Mr. Dotson: -- in this process. We wanted to put that on the record. We look forward to an opportunity to go back to the RFQ. This was just a recommendation to negotiate. Every one of the issues you just discussed could have been resolved through the negotiation, including the term. We would look forward to the opportunity to go forward as a part of the next process. Chairman Sanchez: Thank you so much. Ms. Thompson: I'm sorry, Commissioner. For the record, name. Chairman Sanchez: Yes. Mr. Dotson, please state your name for the record, and address. Mr. Dotson: My name is Al Dotson, address 200 South Biscayne Boulevard. We represent the highest ranked bidder, DavisLogic. Thank you. Chairman Sanchez: Thank you. CA.7 05-00090 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO NES TRAFFIC SAFETY, PURSUANT TO RESOLUTION NO. 04-0392, ADOPTED JUNE 24, 2004, IN AN AMOUNT NOT TO EXCEED $15,000, FROM $15,000 TO $30,000 ANNUALLY, FOR THE PROVISION OF ADDITIONAL BARRICADE RENTAL SERVICES, FOR THE DEPARTMENT OF POLICE, ON AN AS -NEEDED CONTRACT BASIS; ALLOCATING FUNDS FOR SAID INCREASE FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.610; AMENDING RESOLUTION NO. 04-0392 TO REFLECT SAID INCREASE. 05-00090-summary form.pdf 05-00090-contract award.pdf 05-00090-pre resolution.pdf 05-00090-resolution. pdf 005-00090-Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0115 CA.8 05-00091 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF SOIL TECH DISTRIBUTORS, INC., FOR THE PROVISION OF RED CLAY AND SILICA SAND, FOR THE DEPARTMENT OF PARKS AND RECREATION, PURSUANT TO THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING CO-OPERATIVE BID NO. 752-9120, EFFECTIVE THROUGH JANUARY 11, 2006, SUBJECT TO ANY FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS, ON AN AS -NEEDED CONTRACT BASIS, WITH THE OPTION TO EXTEND FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $80,500; ALLOCATING FUNDS FOR THE CURRENT FISCAL YEAR FROM THE DEPARTMENT OF PARKS AND RECREATION OPERATING BUDGET, SAFE NEIGHBORHOOD PARK BOND AND/OR HOMELAND DEFENSE BOND, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY City of Miami Page 26 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 TO BUDGETARY APPROVAL. 05-00091-summary form.pdf 05-00091-bid tabulation.pdf 05-00091-award.pdf 05-00091-memo 1. pdf 05-00091-memo2.pdf 05-00091-letter.pdf 05-00091-invitation to bid.pdf 05-00091-general conditions.pdf 05-00091-special conditions.pdf 05-00091-bidder proposal page.pdf 05-00091-resolution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0116 CA.9 05-00092 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE EXPANSION OF THE BOUNDARIES OF THE CITY OF MIAMI ("CITY") DESIGNATED BROWNFIELDS AREAS TO INCLUDE THE ENTERPRISE ZONE AS ILLUSTRATED AND DESCRIBED IN "EXHIBITS A AND B," ATTACHED AND INCORPORATED, IN ACCORDANCE WITH CHAPTER 376.80, FLORIDA STATUTES, WHICH WILL FACILITATE THE ASSESSMENT, REHABILITATION AND REDEVELOPMENT OF PROPERTIES WITHIN THE BROWNFIELDS AREA THAT HAVE BEEN DETERMINED TO HAVE A CRITICAL NEED FOR REDEVELOPMENT; AUTHORIZING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE MIAMI-DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT OF SAID EXPANSION; AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO UNDERTAKE ANY NECESSARY RELATED PROCEDURES, NOTICES, AND REQUIREMENTS AND TO NEGOTIATE AND TO EXECUTE ANY NECESSARY DOCUMENTS AND AGREEMENTS FOR SAID DESIGNATION, FOR SAID PURPOSES. 05-00092-exh ibitA. pdf 05-00092-exh ibitB. pdf 05-00092-attachment 1. pdf 05-00092-attach me nt2. pdf 05-00092-pre resolution1.pdf 05-00092-pre resolution2.pdf 05-00092-resolution. pdf 05-00092-summary form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0117 City of Miami Page 27 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 CA.10 05-00093 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO WAIVE THE FACILITY RENTAL FEES FOR THE USE OF THE COCONUT GROVE EXPO CENTER FOR THE MIAMI-DADE ADOPT - A -TREE PROGRAM, FOR A TREE GIVE-AWAY EVENT TO BE HELD ON MAY 14, 2005 FROM 9 AM TO 12 PM; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS FOR SAID PURPOSE. 05-00093-summary form.pdf 05-00093-memo. pdf 05-00093-Ietter.pdf 05-00093-resolution. pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0124 Vice Chairman Gonzalez: Mr. Chairman, I have a question on another CA (consent agenda) item. Chairman Sanchez: All right. Why don't we get rid of the ones that have an amendment, and I believe that's CA.10. It's just an amendment to the language. Can you just somewhat come up and state the amendment for the record, and we'll vote on that one? CA.10. Alejandra Argudin: Alejandra Argudin, Acting Director, Public Facilities. The amendment is to change the date for Adopt -A -Tree from May 21 to May 14. Chairman Sanchez: So it's just a date change? Ms. Argudin: Yes. Chairman Sanchez: All right. Is there a motion to approve CA.10? Vice Chairman Gonzalez: Move -- Commissioner Winton: So moved Vice Chairman Gonzalez: -- CA.10. Chairman Sanchez: As amended. There's a motion by Vice Chairman Gonzalez. Is there a second? Second by Commissioner Winton. 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 on 10. CA.11 05-00094 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, RELATING TO THE 2005 GOLD CUP SOCCER TOURNAMENT PRESENTED BY City of Miami Page 28 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 SOCCER UNITED MARKETING TO BE HELD AT THE ORANGE BOWL STADIUM ON JULY 6, 9, AND 11, 2005; AUTHORIZING A CAP ON THE USER FEE, IN AN AMOUNT NOT TO EXCEED $5,000, FOR SAID EVENT; CONDITIONING SAID AUTHORIZATION UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL NECESSARY COSTS OF CITY OF MIAMI ("MIAMI") SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE. 05-00094-exh ib it. pdf 05-00094-resolution. pdf 05-00094-memo. pdf 05-00094-summary form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0118 CA.12 05-00097 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF METRO EXPRESS, INC., FOR THE PROJECT ENTITLED "ALLAPATTAH STREET IMPROVEMENTS PROJECT, B-40702," IN THE TOTAL AMOUNT NOT TO EXCEED $1,761,646; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ("CIP") NO. 341183 IN THE AMOUNT NOT TO EXCEED $1,200,000 AND THE REMAINING BALANCE IN THE AMOUNT NOT TO EXCEED $561,646 FOR CONTRACT COSTS, FROM CIP NO. 341330 PLUS $168,481 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS NOT TO EXCEED $1,930,127, AS SET FORTH ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City of Miami Page 29 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 05-00097-exh ibitl .pdf 05-00097-exh ibit2. pdf 05-00097-exh ibit3. pdf 05-00097-employment and economic oppurtunity.pdf 05-00097-resolution. pdf 05-00097-technical specs.pdf 05-00097-addenda and modification.pdf 05-00097-drawings index.pdf 05-00097-final receipt.pdf 05-00097-final certificate of payment.pdf 05-00097-certificate of susstantial completion.pdf 05-00097-statement of compliance.pdf 05-00097-payroll request.pdf 05-00097-additional articles.pdf 05-00097-supplementary conditions.pdf 05-00097-general conditions.pdf 05-00097-guaranty form.pdf 05-00097-certificate as to corporate principal.pdf 05-00097-payment bond.pdf 05-00097-performance bond.pdf 05-00097-contract. pdf 05-00097-additional forms.pdf 05-00097-recycled content.pdf 05-00097-trench safety act.pdf 05-00097-drug free workplace.pdf 05-00097-office location affidavit.pdf 05-00097-statement to comply.pdf 05-00097-affirmative action.pdf 05-00097-m-wbe affairs reg. affidavit.pdf 05-00097-customer reference listings. pdf 05-00097-questionnaire. pdf 05-00097-bid bond form.pdf 05-00097-city of miami lic.-permits-fees.pdf 05-00097-schedule of bid prices .pdf 05-00097-bid form.pdf 05-00097-insructions to bidders. pdf 05-00097-definitions. pdf 05-00097-general instructions to bidders. pdf 05-00097-no bid form.pdf 05-00097-notice for bids.pdf 05-00097-table of contents.pdf 05-00097-addend u m2. pdf 05-00097-addendum 1. pdf 05-00097-summary form.pdf 05-00097-BID No. 04-05-011.pdf Motion by Vice Chairman Gonzalez, 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-05-0119 Note for the Record: Item CA.12 was originally adopted on the Consent Agenda. City of Miami Page 30 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Winton, and was passed unanimously, to reconsider Item CA.12. Note for the Record: Item CA.12 subsequently passed. Vice Chairman Gonzalez.: Mr. Chairman. Chairman Sanchez: Yes, sir. Vice Chairman Gonzalez: I would like to discuss CA.12. Chairman Sanchez: CA. 12 is being brought forth by a discussion -- for discussion by Vice Chairman Gonzalez, accepting bid on Metro Express, Allapattah street improvement. Vice Chairman Gonzalez: Right, and actually, my concern is that -- what I'm looking at is that we're going to be rebuilding 37th Street, 38th Street. Chairman Sanchez: I'm sorry. I've been informed by the City Clerk that we've already voted on CA (consent agenda), so we have to -- Jorge L. Fernandez (City Attorney): You'll have -- Chairman Sanchez: -- bring it back You need to make a -- if you want to state on the record, you have to make a -- Mr. Fernandez: Motion to reconsider. Chairman Sanchez: -- motion to reconsider for the purpose of discussion. Vice Chairman Gonzalez: OK. Motion to reconsider CA.12. Chairman Sanchez: All right. There's a motion by Vice Chairman -- Commissioner Winton: Second. Chairman Sanchez: -- Gonzalez to reconsider CA.12. Is there a second? Commissioner Winton: Second. Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Winton. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." The item is being brought back for reconsider. Vice Chairman Gonzalez: OK. 1 just brought this item back because 1 have a concern. I would like to know why -- this project has been in hold for many, many years and there is tremendous need for these roads to be rebuilt. They used to be in my district. Now, they are in Commissioner Allen's district, and I see that we're going to be doing 38th Street and 37th Street and some avenues. My concern is, why are we not including 39th Street, and that way, we'll do the entire -- you know, the entire -- it become one project, and we take care of the entire City of Miami Page 31 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 neighborhood. Mary Conway: Mary Conway, CIP (Capital Improvement Projects) and Transportation. The reason that 39th Street was excluded from these plans is that the City has been in discussions and negotiations with the Miami -Dade Expressway Authority, since this portion of 39th Street, unlike the other streets, requires complete reconstruction because it, in essence, serves as an on - ramp onto the expressway, so the City would like to transfer the burden and the higher cost of complete reconstruction of the roadway to Miami -Dade Expressway Authority. If we're unsuccessful with that, then we will address the street ourselves. Vice Chairman Gonzalez: Yeah, Mary, but, you know, I agreed to trying to pass the burden to the Expressway Authority, but let me tell you, based on my own experience with the Miami Expressway Authority, I've been asking for some simple, some simple bolts to be installed under expressway in my district, in a residential area -- and I've been asking for that for the last six months and still, I haven't seen one bolt replaced, so you know, what I don't want to do is just hold the community hostage by the Expressway Authority and deprive the community of having a decent street and decent sidewalks until the Expressway Authority decide that they want to do the project, so what I want -- and this is Commissioner Allen district, but I -- you know, I'm concerned because actually, before Commissioner Allen became Commissioner, I fought for this project to be done, OK, so if we're going to do a project, let's do a project. 1 mean, don't do it halfway. Let's -- either we do it or we don't do it, but please, if you could amend this or you can expedite your conversations with the Expressway Authority and your negotiations, try to expedite it because once we do the mobilization to do this street and we have the equipment and we have the material and we do this street, then we leave and then we have to come back with another contractor with mobilization, which is a big cost to do the rest of the project. 1 don't know if you agree with me, Commissioner. Commissioner Allen: No, I agree with you, Commissioner Gonzalez. I certainly do. Chairman Sanchez: All right. CA.12 -- I mean, did you -- where you able to answer his question? Ms. Conway: What we'll do is immediately take a look at what's involved with the design and look at doing an amendment to this contract and bringing it back in the future. Vice Chairman Gonzalez: Thank you. I appreciate it. Chairman Sanchez: CA. 12 -- Vice Chairman Gonzalez: Thank you. Chairman Sanchez: -- was reconsidered for the purpose of discussion by Vice Chairman Gonza lez. Therefore, now, if your -- Commissioner Winton: You need to move it. Chairman Sanchez: -- questions have been addressed, we need a motion to approve CA.12. Vice Chairman Gonzalez: Move to approve CA.12. Chairman Sanchez: There's a -- Commissioner Winton: Second. Chairman Sanchez: -- motion by Vice Chairman Gonzalez, second by Winton. It is open for City of Miami Page 32 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 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, and I believe we've taken care of the consent agenda. CA.13 05-00100 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $2,200,000, FOR PHASE III OF THE BICENTENNIAL PARK SHORELINE STABILIZATION PROJECT (" PROJECT"); AUTHORIZING THE ALLOCATION OF REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $2,200,000, FROM THE PROCEEDS OF THE SECOND SERIES HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BONDS PREVIOUSLY APPROVED BY VOTER REFERENDUM FOR CAPITAL IMPROVEMENT PROJECT NO. 331418, ENTITLED "BICENTENNIAL PARK IMPROVEMENTS;" AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SUBMISSION OF THE FIND GRANT APPLICATION FOR FISCAL YEAR 2005-2006, SUBJECT TO THE TERMS AND CONDITIONS OF SAID GRANT APPLICATION. 50-00100-exh ib it. pdf 50-001 00-resolution. pdf 50-00100-summary form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0120 CA.14 05-00101 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AND ISSUE A WORK ORDER AUTHORIZATION, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ZYSCOVICH, INC. FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE COMPREHENSIVE DESIGN OF THE "JOSE MARTI PARK GYM, PROJECT NO. B-35857," IN AN AMOUNT NOT TO EXCEED $580,828; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NUMBER 333142 ENTITLED "JOSE MARTI-EAST LITTLE HAVANA PARK EXPANSION." City of Miami Page 33 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 05-001 01-exhibitl .pdf 05-001 01-exhibit2. pdf 05-001 01 -exhibit3.pdf 05-001 01-exhibitPSA. pdf 05-001 01-exh ib it4. pdf 05-001 01-exhibit5. pdf 05-001 01 -exhibit5A.pdf 05-00101-resolution. pdf 05-00101-Summary Form -SUB 7.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0125 Chairman Sanchez: We go to 14. Vice Chairman Gonzalez: What is the amendment on 14? Chairman Sanchez: 14, what is the amendment on 14? Mary Conway: Mary Conway, CIP (Capital Improvement Project) and Transportation Director. On 14, there was a typographical error regarding the costs. It's been changed from 580,828 to 530, 828. We've also listed out all of the sub -consultants that are part of the contract. We've added a clause regarding timeliness for delivery, and we have incorporated a complete finalized and signed agreement. Chairman Sanchez: And this is due to the increase of pricing on concrete and ironwork and all that stuff for the projects, right? Ms. Conway: It's actually a reduction. It was just a typographical error. Chairman Sanchez: All right. Ms. Conway: This is for professional design services for the Jose Marti gym project. Chairman Sanchez: OK. Vice Chairman Gonzalez: Move CA.14, as amended. Chairman Sanchez: There's -- Commissioner Winton: Second. Chairman Sanchez: -- a motion by Vice Chairman Gonzalez to move CA.14, as amended; second by Commissioner Winton. Open for the purpose of discussion. Hearing none, seeing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: It passes unanimously. CA.15 05-00102 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City of Miami Page 34 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AND ISSUE A WORK ORDER AUTHORIZATION, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ZYSCOVICH, INC. FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE COMPREHENSIVE DESIGN OF THE "LITTLE HAITI PARK CULTURAL COMPONENT, PROJECT NO. B-30295," IN AN AMOUNT NOT TO EXCEED $ 1,080,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NUMBER 331412 ENTITLED "LITTLE HAITI PARK LAND ACQUISITION AND DEVELOPMENT." 05-001 02-exhi b it l . pd f 05-001 02-exhibit2. pdf 05-001 02-exhibit3. pdf 05-001 02-exhibit4. pdf 05-00102-exh ib it5. pdf 05-001 02-exhib it5A. pdf 05-001 02-exhib itPSA. pdf 05-00102-Summary Form -SUB 6.pdf 05-00102-pre resolution.pdf 05-001 02-resolution.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0126 Chairman Sanchez: CA.15 is also an amendment. Mary Conway (Director, CIP & Transportation): An amendment. This is the work order for the design of the cultural and rec -- cultural component of the Little Haiti Park Project. The changes are as follows: we have -- are phasing the design to allow the community center construction to proceed the Black Box Theater, since we need time for additional detailed planning and development for the black box component. We're also reducing the cost on this project slightly. The design fee that was given to you in the package was 1, 080, 000. It's now been corrected to $1, 067, 045. In addition, we've included and described the sub -consultants; included the timeliness clause, and we have a finalized and signed work order before you. Chairman Sanchez: All right. Is there a motion? Commissioner Winton: So moved. Vice Chairman Gonzalez: Second. Chairman Sanchez: As amended, there's a motion by Winton, second by Vice Chairman Gonza lez. 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. We go -- CA.16 05-00105 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. 04-0200, ADOPTED City of Miami Page 35 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 APRIL 8, 2004, THAT AUTHORIZED THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT WITH MIAMI ROWING AND WATERSPORTS CENTER, INC. ("MRWC"); AUTHORIZING THE CITY MANAGER TO EXECUTE THE DOCUMENTS NECESSARY TO TERMINATE ANY AND ALL RIGHTS OF MRWC, WHETHER EXPRESS OR IMPLIED, WHETHER SUCH RIGHTS WERE EXPRESSED ORALLY OR IN WRITING, FOR THE USE AND OCCUPANCY OF PROPERTY LOCATED AT 3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA ("PROPERTY"), AS DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, FROM JANUARY 1, 2004 - FEBRUARY 28, 2005; ACCEPTING AN AMOUNT OF $85,339.31 FROM MRWC AND THE PROGRAM OPERATOR(S) AS CONSIDERATION FOR OCCUPANCY AND USE OF THE PROPERTY DURING SUCH TIME; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SWIM GYM AQUATICS, INC. , A FOR -PROFIT CORPORATION, TO OCCUPY AND USE APPROXIMATELY 1.03 ACRES OF THE CITY -OWNED PROPERTY, FOR A PERIOD NOT TO EXCEED SEPTEMBER 30, 2005, SUBJECT TO TERMS SET FORTH HEREIN AND AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 05-00105-summary form. pdf 05-00105-pre resolution1.pdf 05-00105-pre resolution2.pdf 05-00105-legal description.pdf 05-00105-resolution. pdf DEFERRED A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, to defer item CA.16 to the next regular Commission Meeting. CA.17 05-00071 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY KENNETH MERKER, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $35,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND MARIA LUGO, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF KENNETH MERKER V. CITY OF MIAMI, ET AL., IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 02-11470 CA 13, UPON EXECUTING A GENERAL RELEASE OF 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. 05-00071-cover memo. pdf 05-00071-budget.pdf 05-00071-resolution . pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen City of Miami Page 36 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 R-05-0121 CA.18 05-00129 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY LISA ACEVEDO, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $57,500 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 LISA ACEVEDO V. CITY OF MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 03-1018 CA (32), UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.651. 05-00129-cover memo.pdf 05-00129-budget.pdf 05-00129-resolution.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0122 CA.19 05-00130 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT AND EXTENSION TO THE PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH BROWN AND BROWN, INC., TO PROVIDE INSURANCE BROKERAGE SERVICES FOR THE 2005-2006 PERIOD, WITH THE OPTION TO EXTEND FOR AN ADDITIONAL ONE-YEAR PERIOD, PURSUANT TO REQUEST FOR LETTERS OF INTEREST NO. 02-03-032, SUBJECT TO THE TERMS, CONDITIONS AND PRICING OF THE ORIGINAL AGREEMENT, IN AN ANNUAL AMOUNT NOT TO EXCEED $110,000; ALLOCATING FUNDS IN AN ANNUAL AMOUNT NOT TO EXCEED $110,000, FROM ACCOUNT CODE NO. 515001.624401.6340.65019, FOR THE CURRENT FISCAL YEAR WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL. City of Miami Page 37 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 05-001 30-exhi b it. pdf 05-00130-resolution.pdf 05-00130-attach me ntE. pdf 05-001 30-attachme ntC .pdf 05-00130-attach mentD. pdf 05-001 30-attachmentB. pdf 05-00130-attachment A.pdf 05-001 30-PSA.pdf 05-00130-pre resolution3.pdf 05-00130-pre resolution2.pdf 05-00130-appendix A.pdf 05-00130-insurance brokerage services.pdf 05-00130-pre resolution.pdf 05-00130-summary form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0123 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 Present: Vice Chairman Gonzalez, Commissioner Winton, Chairman Sanchez, Commissioner Regalado and Commissioner Allen END OF CONSENT AGENDA Chairman Sanchez: So at this time, we'll go on to the consent agenda, as usually. Is there any items on the consent agenda that the Commissioners would like to either defer or pull for a discussion? Vice Chairman Gonzalez: Mr. Chairman, I would like to pull CA.6 for discussion. Chairman Sanchez: CA.6 has been pulled by Vice Chairman Gonzalez for the purpose of discussion. Is there any other item? Joe Arriola (City Manager): Commissioner, I would like to defer CA.16. Chairman Sanchez: CA.16 has been deferred by the City Manager. Is there a motion to defer? Commissioner Winton: So moved. Commissioner Regalado: Move it. Chairman Sanchez: There's a motion by Commissioner Winton, second by Vice Chairman Gonz alez, for the purpose of deferring, and it will go to the next regular Commission meeting. Mr. Arriola: And we have substitution for CA.14 and 15, which you have all -- Chairman Sanchez: Well, let's address one at a time. City of Miami Page 38 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Mr. Arriola: OK. Chairman Sanchez: Let's -- there's a motion on the table to defer CA.16 to the next regular Commission meeting. There's a motion and a second. It is open for discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Item 16 has been deferred. There is an amendment to one of the items. What is that, Mr. City -- Mr. Arriola: 14 and 15. Chairman Sanchez: 14 and 15. There's an amendment to it? Mr. Arriola: There's an -- there's -- yes, there's an amendment to both -- Chairman Sanchez: All right. Mr. Arriola: -- 14 and 15 -- Chairman Sanchez: Let's pull them -- Mr. Arriola: -- which you have now. Chairman Sanchez: -- and then we'll put the amendment on the record, and then we'll vote on them. Mr. Arriola: OK. Chairman Sanchez: So, at this time, for the purpose of discussion, we have CA. 6, CA.12, and CA .13, if I'm not mistaken. Correct me if I'm mistaken. Commissioner Regalado: No, 14 and 15. Priscilla A. Thompson (City Clerk): 14 and -- Mr. Arriola: Well, there's also an amendment to CA.10, Commissioner. I'm sorry. Chairman Sanchez: OK. Mr. Arriola: There's a change of date there, so there's an amendment there. Commissioner Winton: So there's amendments -- Commissioner Allen: Right. Commissioner Winton: -- to which ones? Chairman Sanchez: CA.10 -- Commissioner Allen: 10. Mr. Arriola: 10, 14 and 15. City of Miami Page 39 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Chairman Sanchez: -- 14 -- Commissioner Allen: 14 and 15. Commissioner Winton: And so I would move the consent agenda, with the amendments to 10, 14 and 15. Chairman Sanchez: Well, I'll tell you what. I have not seen the amendments, so I want to be -- I want to make sure that they're put on the record before I vote on it. Commissioner Winton: Well, they're in front of us. Chairman Sanchez: Well -- but we could pull it, pass the regular agenda, come back to them, they could put the amendments; 1 think that's the proper thing to do. Mr. Arriola: That would be fine. Chairman Sanchez: Instead of voting on a blank check. Commissioner Winton: Well, I'm not voting blind; I've read them, so that's the reason I ( UNINTELLIGIBLE), but I don't mind. Pull them back. Chairman Sanchez: All right, all right. Commissioner Winton: If you -- because you haven't had a chance to read them, so you need to, so that's fine. Commissioner Regalado: 1 don't -- Chairman Sanchez: OK. Commissioner Regalado: 1 don't have it here. Chairman Sanchez: All right, so the remaining consent agenda, is there a motion to approve the remaining consent agenda? Vice Chairman Gonzalez: It was moved, right? Commissioner Allen: It was -- Commissioner Winton: No, but I -- Chairman Sanchez: No. Commissioner Winton: -- included that -- yeah, and I'll make that motion to approve the -- Chairman Sanchez: There's a motion by -- Commissioner Winton: -- consent agenda -- Chairman Sanchez: -- Commissioner Winton to -- Commissioner Winton: -- absent -- City of Miami Page 40 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Chairman Sanchez: -- approve the remaining of the consent agenda. Commissioner Winton: -- absent CA.6, 10, 14 and 15. Chairman Sanchez: Exactly. Commissioner Allen: Absent, right. Commissioner Winton: Yes. Vice Chairman Gonzalez: I -- Commissioner Winton: That's my motion. Vice Chairman Gonzalez: I have a question. The -- Commissioner Regalado: And 16. Chairman Sanchez: All right, whoa, whoa, whoa, whoa, whoa. There's a motion. I need a second for the purpose of discussion. Is there a second? Commissioner Allen: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. Now, we will discuss the remaining items on the agenda. Discussion. You're recognized Vice Chairman Gonzalez. On CA.6 -- Commissioner Winton: But we didn't vote on this. Commissioner Regalado: But we didn't vote. Commissioner Winton: We've got to vote -- Commissioner Regalado: We need to vote. Commissioner Winton: -- on the rest -- we didn't vote on the -- Vice Chairman Gonzalez: OK, let's vote on the rest of it. Commissioner Winton: You've got to vote on -- we pulled 6. Chairman Sanchez: I thought he wanted to discuss the items that -- OK. All right. There's a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City of Miami Page 41 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 VICE CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON D2.1 05-00110 DISCUSSION ITEM DISCUSSION CONCERNING PROJECT PROPOSAL FOR JULIA TUTTLE STATUE. 05-00110-email.pdf 05-00110-Submittal-1. pdf 05-00110-Article-1. pdf A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, to support the concept of placing a statue of Julia Tuttle in an appropriate location near her home in the near future; further stating that the majority of the funding for said statue should come from private fundraising efforts. Chairman Sanchez: All right. We move on -- I believe we could move into the public hearings now. Commissioner Allen: Yes. Commissioner Winton: I've got my item ready now. I figured out -- Chairman Sanchez: OK. Commissioner Winton: 1 knew it was there. Chairman Sanchez: I apologize. Commissioner Winton: I just didn't know -- Chairman Sanchez: Commissioner Winton, I believe you have a project proposal for Julia Tuttle statue -- Commissioner Winton: Julia Tuttle -- Chairman Sanchez: -- is that it? Commissioner Winton: -- statue, that's it. It's a discussion item, and I think we have someone here. Yes, we do. Chairman Sanchez: Is there anyone here -- City of Miami Page 42 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Commissioner Winton: I knew she was here. Chairman Sanchez: -- to speak on the item? Commissioner Winton: Yes, there is. Chairman Sanchez: All right. Carmen Elias -Levenson: Good morning. My name is Carmen Elias -Levenson. I'm the second vice chair of the Miami -Dade County Commission for Women. I'm here together with Laura Morilla. She's our executive director, representing the Dade County Commission for Women, and we're here to present our proposal for having a statue built of the City of Miami's founder, Julia Tuttle. Oh, I'm sorry, I'm sorry. We would like to have -- obviously, as you all know, Miami is one of the few, maybe the only city in the country founded by a woman, and other than the name -- her name on the Causeway that crosses over to the beach, there's very little recognition of that fact anywhere within the City or the County, so we would like to propose a statue be built in a prominent location, preferably in downtown Miami, near where her house was, in recognition of Julia Tuttle. I guess the two obvious issues are funding and location. As to the funding, we've done some research and we've determined that the cost of such a statue, something similar to the statue of George Merrick that is just about to be put up in Coral Gables, is approximately $250, 000. Toward that funding to date, we have approximately $31, 000 in a trust the City of Miami is holding that was raised by the City of Miami Commission on the Status of Women in 1996, at the time of the City's centennial. The rest of the funding, we're hoping, can come as a joint venture between the City and the County. As far as a location, we have come across a location, which is currently known as "parcel B, "which is a park that's being developed behind the American Airlines Arena on the Riverwalk project, and currently, it has no theme, no -- nothing specific, so we're hoping that perhaps it can be named the Julia Tuttle Park and the statue can be placed there, and that park is also a joint project between the City and the County, so you all have been given our little documents with our proposal, and what we would like is a resolution from the Commission in support of the idea that we can forward to the County Commission and the County Manager. Chairman Sanchez: To address site location and funding? Ms. Elias -Levenson: Yes. Chairman Sanchez: OK. Is there a motion? Commissioner Winton: I would -- Vice Chairman Gonzalez: I move it. Commissioner Winton: -- make a motion in conceptual support of this concept. I think it is a good idea, but I'm not making any recommendation relative to funding yet, and 1 think that we need substantial private sector funding in this, and that government not be the one that leads the way. I've said that to the committee's face. They know how I feel. In fact, I said and they said, we wouldn't ask for any City of Miami funding, and I said "Hallelujah." However, that said, as I've thought more about this, I'm not opposed to some level of City of Miami funding. I think it is appropriate. We do have, as stated, from a historical perspective, in one of the few women founders of a city -- and the fact of the matter is, most of the cities, the founder has a statue; there's significant recognition anyhow, and we need to join those ranks, so in the future, I wouldn't be opposed to some City of Miami funding, but I'm going to hope that before Igo there, that there's been some substantial other fundraising done and we cover the shortfall, so my motion is in support of the concept of creating a statue in an appropriate location near Julia Tuttle's home, at some time in the near future. City of Miami Page 43 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Chairman Sanchez: All right. Vice Chairman Gonzalez: I'll second the motion. Chairman Sanchez: There's a motion, there's a second. Purpose of 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 unanimously. Thank you. Congratulations. Laura Morilla: OK. Can I just make one point -- Chairman Sanchez: Sure. State your name for the record. Ms. Morilla: -- something that was -- Laura Morilla, director of the Miami -Dade County Commission for Women. As was mentioned, the City already has $31, 000 in a trust fund that was raised by the Miami City Commission on the Status of Women. In one of the handouts that you have in the package is a story that appeared in the Miami Herald last month on a statue of the founder of Haiti that is going up in Little Haiti, and the article says that the City donated $35 ,000 from your budget for a statue of the founder of Haiti, so we're hoping you would take the same consideration for a statue of the founder of the City of Miami. Commissioner Winton: See, a good thing I said -- Ms. Morilla: Thank you. Commissioner Winton: -- we wouldn't give any money, huh? Chairman Sanchez: Good point. Thank you so much. Thank you. Motion carries unanimously. Ms. Morilla: Thank you very much. Chairman Sanchez: All right. Commissioner Winton: Thank you. DISTRICT 3 CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO DISTRICT 5 COMMISSIONER JEFFERY L. ALLEN D5.1 05-00166 DISCUSSION ITEM DISCUSSION CONCERNING A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATING TO THE HAITIAN City of Miami Page 44 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 BICENTENNIAL CELEBRATION; AUTHORIZING THE CITY MANAGER TO EXECUTE TWO COVENANTS FROM MIAMI-DADE COUNTY, IN SUBSTANTIALLY THE ATTACHED FORM (S),FOR THE BEAUTIFICATION OF THE LITTLE HAITI FREEDOM GARDEN, CONSISTING OF A COVENANT OF CONSTRUCTION WITHIN THE RIGHT OF WAY AND A COVENANT FOR THE MAINTENANCE OF LANDSCAPING WITHIN THE PUBLIC RIGHT OF WAY OWNED BY MIAMI-DADE COUNTY. 05-00166-email.pdf 05-00166-landscape plan.pdf 05-00166-draft resolution.pdf 05-00166-exhibit. pdf 05-00166-exh ibit2. pdf Discussion on Item D5.1 resulted in the resolution below: (D5.1) 05-00166a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE TWO COVENANTS AS STATED HEREIN, FROM MIAMI-DADE COUNTY, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE BEAUTIFICATION OF THE LITTLE HAITI FREEDOM GARDEN LOCATED AT 6135 NORTH MIAMI AVENUE, MIAMI, FLORIDA, AS PART OF THE HAITIAN BICENTENNIAL CELEBRATION. 05-00166a-exhibitl .pdf 05-00166a-exh i bitl A. pdf 05-00166a-exh i b it2. pdf 05-00166a-exh ibit2A. pdf 05-00166a-resolution.pdf Motion by Commissioner Allen, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0136 Chairman Sanchez: All right. Let's go through the agenda. We might be out of here by 6, 7. Commissioner Winton: 8. Chairman Sanchez: All right. Commissioner Regalado: 9. Chairman Sanchez: We'll go to the Commission items. Is there any items that the Commissioners have? Commissioner Gonzalez, do you have any items? Vice Chairman Gonzalez: No, sir. Chairman Sanchez: No items for Vice Chairman Angel Gonzalez. Commissioner Winton, do you have any items? Commissioner Winton: Yeah, I think so, but I'm lost. Chairman Sanchez: All right. City of Miami Page 45 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Commissioner Winton: So you'll have to -- Chairman Sanchez: We'll let you recoup. We'11 get back to you. Commissioner Winton: Yes, please. Chairman Sanchez: OK. Commissioner Regalado. Commissioner Regalado: No. Chairman Sanchez: OK. That's unusual. All right. Commissioner Regalado: I can say something, I mean. Chairman Sanchez: Wow. Commissioner -- Commissioner Winton: Commissioner Regalado said no? Chairman Sanchez: -- Jeffery Allen? Chairman Sanchez: Yeah. Commissioner Regalado: No. Commissioner Allen: Yes, Mr. Chairman. Chairman Sanchez: Yes, sir, you're recognized. Commissioner Regalado: (UNINTELLIGIBLE) Commissioner Allen: Yes. Hi. This is an item -- a resolution that concerns an issue concerning our Haitian community, and it is accordingly attached to my district blue page items. The resolution reads as follows: This is a resolution of the Miami City Commission, with attachments, relating to the Haitian Bicentennial Celebration; authorizing the City Manager to execute two covenants from the Miami -Dade County, in substantially the same attached form, for the beautification of the Little Haiti Freedom Garden, in a covenant of construction within the right-of-way and a covenant for the maintenance of landscaping within the public right-of-way owned by the Miami -Dade County. Chairman Sanchez: All right. There's a motion. Is there a second? Vice Chairman Gonzalez.: Second. Commissioner Regalado: Second. Chairman Sanchez: There's a motion by Commissioner Allen, second by Commissioner Regalado. 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. City of Miami Page 46 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 PUBLIC HEARINGS PH.1 05-00047 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO DECLARE SURPLUS THE CITY -OWNED REAL PROPERTY LOCATED AT 2459 SOUTHWEST 28TH STREET, MIAMI, FLORIDA ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE SALE OF THE PROPERTY TO RUBIN BRICKMAN, TRUSTEE, NANCY RUBIN, AND DEBBIE BRICKMAN, TRUSTEE IN THE AMOUNT OF TWO THOUSAND SIX HUNDRED AND FOUR DOLLARS ($2,604), AND TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE SOLELY AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN ORDER TO EFFECT THE SALE IN AN EXPEDITIOUS MANNER. 05-00047-exh ib itA. pdf 05-00047-exh i b itB. pdf 05-00047-memo. pdf 05-00047-notice of public hearing.pdf 05-00047-resolution. pdf 05-00047-summary form.pdf 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-05-0128 Chairman Sanchez: We could go into the public hearings now. We have PH.1. PH.1 is a resolution, a public hearing. Laura Billberry (Acting Director, Economic Development): Good morning. Lori Billberry, Economic Development. The item before you is a property that was given to the City by the County from the list of lands that are available for taxes. It's a two foot strip containing approximately 186 square feet, and the adjacent owner would like to purchase this property for the assessed value, which is $2, 604, as they're in the middle of constructing a house and would like to add this to that property. Commissioner Winton: So moved. Chairman Sanchez: OK. There's a motion. Vice Chairman Gonzalez: Second. Chairman Sanchez: Is there a second? There's a motion and a second. Before we open it up for discussion, there's a public hearing, requiring public input. Anyone from the public wishing to address this item, please step forward and be heard. Seeing none, hearing none, the public hearing portion is closed, coming back for the Commission for any further discussion. No further discussion. It's a resolution. All in favor, say "aye." City of Miami Page 47 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PH.2 05-00050 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "SOUTH DESIGN DISTRICT," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 05-00050-exh ibitl .pdf 05-00050-exh ibit2. pdf 05-00050-exhibit3. pdf 05-00050-exhibit4. pdf 05-00050-exh ibit5. pdf 05-00050-exh ibit5A. pdf 05-00050-exh ibitA. pdf 05-00050-legal description.pdf 05-00050-memo l .pdf 05-00050-memo2.pdf 05-00050-public hearing 1.pdf 05-00050-public hearing2.pdf 05-00050-resolution. pdf 05-00050-summary form.pdf 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-05-0129 Chairman Sanchez: We go to PH.2. Stephanie Grindell: Stephanie Grindell, Director of Public Works. PH.2 is a resolution accepting the plat of the South Design District in District 5. Chairman Sanchez: All right. Is there a motion? Vice Chairman Gonzalez: Move it. Commissioner Allen: Move it. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. There's a second by Commissioner Allen. It is a public hearing, requiring public input. Therefore, we're opening the public hearing. Anyone from the public wishing to address this item, please step forward and be City of Miami Page 48 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 heard. Seeing none, hearing none, the public portion of the meeting is closed, coming back to the Commission for a discussion. Hearing no discussion, 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. PH.3 05-00106 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "TUSCAN PLACE," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN " ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 05-00106-exhibit 1.pdf 05-00106-exh ib itA. pdf 05-00106-exh ibit2. pdf 05-00106-exh ibit3. pdf 05-00106-exhibit maps.pdf 05-00106-exhibit4. pdf 05-00106-exh ib it4A. pdf 05-00106-legal description.pdf 05-00106-memol .pdf 05-00106-memo2.pdf 05-00106-public hearingl.pdf 05-00106-public works notice.pdf 05-001 06-resolution. pdf 05-00106-summary form.pdf Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0130 Chairman Sanchez: We move on to PH.3. It's also a resolution. Stephanie Grindell (Director, Public Works): PH.3 is a resolution accepting the plat of Tuscan Place, also in District 5. Chairman Sanchez: All right. Is there a motion? Commissioner Regalado: I'll move it. City of Miami Page 49 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Chairman Sanchez: There's a motion by -- Commissioner Winton: Second. Chairman Sanchez: -- Commissioner Regalado -- Vice Chairman Gonzalez.: Second. Chairman Sanchez: -- second by Commission Winton. Before we open it up for discussion, it's a public hearing. We're opening the public hearing portion of the meeting. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public portion of the meeting is closed, coming back to the Commission for a discussion. Hearing no discussion, there's a motion and a second. 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. PH.4 05-00131 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 FINDING WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTIONS 18-89 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, INCREASING THE CONTRACT AWARDED TO SHORELINE FOUNDATION, INC. (" CONTRACTOR"), PURSUANT TO RESOLUTION NO. 04-0107, ADOPTED FEBRUARY 26, 2004, IN THE AMOUNT NOT TO EXCEED $3,372,617, INCREASING THE COMPENSATION AMOUNT FROM $6,957,195 TO $10,329,812, FOR ADDITIONAL STRUCTURAL REPAIR WORK REQUIRED FOR THE PROJECT ENTITLED "BICENTENNIAL PARK SHORELINE STABILIZATION PROJECT, B-30293" (FORMERLY B-3293); AMENDING RESOLUTION NO. 04-0107 TO REFLECT SAID INCREASE; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT WITH THE CONTRACTOR; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENTS PROJECT NO. 331418; AND AMENDING RESOLUTION NO. 04-0107 TO REFLECT SAID INCREASE. City of Miami Page 50 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 05-00131-exh i b it l. p d f 05-001 31-exhibitA.pdf 05-00131-exhibit2. pdf 05-001 31 -exhibit3.pdf 05-001 31 -resolution.pdf 05-00131-bid summary.pdf 05-001 31 -affidavit.pdf 05-00131-code sect. 18-102. pdf 05-00131-corporate resolution.pdf 05-001 31 -contract.pdf 05-00131-pre resolution2.pdf 05-00131-budgetary impact.pdf 05-00131-pre resolution.pdf 05-00131-public hearing.pdf 05-001 31 -memo.pdf 05-00131-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 Absent: 1 - Commissioner Regalado R-05-0131 Chairman Sanchez: PH. 4. Commissioner Winton: Mary. Chairman Sanchez: Mary. Mary Conway: Mary Conway, CIP (Capital Improvement Projects) and Transportation. PH.4 is requesting support for an emergency finding, waiving competitive bidding for Phase II of the Bicentennial Seawall project. It's being brought forward in this manner because we feel that there're significant both time and cost savings associated with using the contractor, who is already mobilized and has been performing successfully. We haven't had issues of delays, change orders, and we do feel also, based on increased steel prices, that this is the best way for the City to go on this specific project. Commissioner Winton: Now, there's the definition of an emergency. So moved. Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion by Commissioner Winton and a second. I just want to state again my position on this. This item is a perfect example of a item that should be on the regular agenda, but I could understand the emergency, OK. Any further discussion? Commissioner Winton: No, but the emergency comes not from being here, but the emergency comes from the fact that we've waived competitive bidding, right? Ms. Conway: Yes. Commissioner Winton: Not -- Commissioner Allen: Right. City of Miami Page 51 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Ms. Conway: Yes. Commissioner Winton: -- the timing of it being on the agenda? Commissioner Allen: And the amount. Commissioner Winton: Yeah. Commissioner Allen: Is that -- was their concern? Chairman Sanchez: Well, but once again -- Commissioner Allen: Mr. Chair -- Chairman Sanchez: -- this item should not be in PZ (Planning & Zoning) item. This item should be on the regular agenda. Commissioner Allen: Right, because your concern is the amount involved. Chairman Sanchez: But -- Commissioner Allen: Yeah. Chairman Sanchez: All right. Commissioner Winton: I'm confused. Chairman Sanchez: It is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public portion of the meeting is closed, coming back to the Commission. There's a motion and a second. 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. PH.5 05-00096 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), BY A FOUR -FIFTH (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY AND WAIVING COMPETITIVE BIDDING PROCEDURES IN THE AWARD OF ADDITIONAL WORK TO PROFESSIONAL GENERAL CONTRACTORS, INC., THE CONTRACTOR CURRENTLY PERFORMING STRUCTURAL WORK FOR THE PROJECT ENTITLED "ORANGE BOWL STADIUM STRUCTURAL REPAIRS, B-30297" (FORMERLY B-3297); PURSUANT TO CONTRACT DATED SEPTEMBER 2, 2003, AS AMENDED, AUTHORIZED BY RESOLUTIONS NO. 03-829, 04-0179, AND 04-0428 (" CONTRACT"), APPROVING AN AMENDMENT TO THE CONTRACT TO INCLUDE THE ADDITIONAL WORK AND INCREASE THE COMPENSATION TO THE CONTRACTOR BY $3,717,005 FROM $2,849,031 TO $6,566,036; AMENDING RESOLUTION NO. 04-0428, TO REFLECT SAID INCREASE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD City of Miami Page 52 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 AMENDMENT TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM; ALLOCATING FUNDS FOR SAID CONTRACT INCREASE FROM CAPITAL IMPROVEMENTS PROJECT NO. 324002. 05-00096-summary form.pdf 05-00096-memol .pdf 05-00096-memo2.pdf 05-00096-public hearing.pdf 05-00096-pre resolution.pdf 05-00096-memo3.pdf 05-00096-pre contract.pdf 05-00096-pre resolution2.pdf 05-00096-first amendment.pdf 05-00096-pre resolution3.pdf 05-00096-second amendment.pdf 05-00096-project analysis form.pdf 05-00096-resolution.pdf 05-00096-exh ib it1. pdf 05-00096-exhibit 1 A. pd f 05-00096-exhibitl B.pdf 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 Noes: 1 - Commissioner Regalado R-05-0132 Chairman Sanchez: We move on to PH.5. Mary Conway (Director, CIP & Transportation): PH.5 is a similar item, requesting to waive competitive bidding for the Orange Bowl Structural Stadium Repair Work. Again, we have a contractor who's been performing very successfully on behalf of the City, and in addition, we have time constraints associated with having this work completed prior to the start of the football season. Vice Chairman Gonzalez: I'll move the item. Commissioner Allen: Second. Chairman Sanchez: OK. There's a motion on the item by Vice Chairman Gonzalez. There's a second by Commissioner Allen. It is a resolution and a public hearing, which required a public discussion. At this time, the public hearing is closed -- I mean opened. Anyone from the public wishing to address this item, please step forward and be heard. Seeing none, hearing none, the public hearing is closed, coming back to the Commission for further discussion. Hearing no -- discussion? Commissioner Winton: I just -- I'm curious -- the point you made, I didn't understand, yet, on why you thought these two should be somewhere else. Chairman Sanchez: Well, you know, it's a significant amount of money. It should be in the regular agenda. Commissioner Winton: It is on the regular agenda. Vice Chairman Gonzalez: It is on the regular agenda. City of Miami Page 53 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Commissioner Winton: This is the regular agenda. Vice Chairman Gonzalez: Public hearing item. Commissioner Allen: Right. Chairman Sanchez: I should -- should be on the first meeting of the month. Basically, what we're focus on streamlining the agenda. Commissioner Winton: Well, I -- well, that's what I wasn't understanding. Chairman Sanchez: What we're focusing on streamlining the agenda is -- Commissioner Winton: OK, I get it now. Chairman Sanchez: -- that we need to make sure that these large ticket amount of -- Commissioner Allen: Items. Commissioner Winton: Got it. Chairman Sanchez: -- which many are justifiable, and as a Commissioner with fiduciary responsibility, all that I want to be told is a re -- a valid reason why we're doing it, and most of the time, the administration is able to explain whether it's an emergency basis or what's the reason we're doing it because -- Commissioner Winton: But you're just trying to get it on the first -- Vice Chairman Gonzalez: On the regular Commission meeting. Chairman Sanchez: Exactly. Commissioner Winton: I get it. Commissioner Allen: Regular. Chairman Sanchez: So we could balance the agenda. Commissioner Winton: Now I understand. I understand. Commissioner Allen: Right. Chairman Sanchez: All right. Commissioner Winton: I understand. Vice Chairman Gonzalez: Regular Commission. Chairman Sanchez: All right. Having said that, it -- there's a motion and a second. Madam Clerk -- Commissioner Regalado: On which (INAUDIBLE)? Chairman Sanchez: -- there's a motion and a second. PH.5. We're opening the public City of Miami Page 54 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 10:30 A.M. discussion portion. I'm sorry? Priscilla A. Thompson (City Clerk): You've already opened your public hearing and closed it. You were having discussion. Chairman Sanchez: OK. It is a four -fifths vote -- Commissioner Allen: Four -fifths. Chairman Sanchez: -- correct, on an emergency. OK, so it is a four -fifths affirmative vote. Why don't you do a roll call. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: Commissioner Allen? Commissioner Allen: Aye. Vice Chairman Gonzalez: Yes, ma'am. Ms. Thompson: Vice Chairman Gonzalez? Vice Chairman Gonzalez: Yes, ma'am. Ms. Thompson: Chairman Sanchez? Chairman Sanchez: Yes. Ms. Thompson: The resolution has been adopted, 4/1. Note for the Record: Items PH. 6 & PH. 7 were interpreted by a sign -language interpreter. PH.6 05-00107 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ENTITLEMENT GRANT FUNDS UNDER THE FOLLOWING PROGRAMS: COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS, AMERICAN DREAM DOWNPAYMENT INITIATIVE, HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS, AND THE EMERGENCY SHELTER GRANT FOR FISCAL YEAR 2005; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID GRANTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 55 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 05-00107-summary form.pdf 05-00107-public notice.pdf 05-00107-ordinance. pdf Motion by Commissioner Regalado, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED as an emergency measure, waiving the requirement for two separate readings PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen 12655 Chairman Sanchez: All right. PH.6. PH.6 is an ordinance on emergency ordinance. It also require a four -fifths. Barbara Gomez -Rodriguez: Barbara Rodriguez, Department of Community Development. The purpose of this emergency ordinance is to accept the HUD's (Department of Housing and Urban Development's) entitlement. This will be effective October I, and it will give us the opportunity to start working with an RFP (Request for Proposals). For Community Development Block Grant, the estimated figures right now is 9,398,140, which represents $529, 860 less than last year; HOME (Home Investment Partnership Program), 4, 920, 334, which represents $655, 734 less; HOPWA (Housing Opportunities for Persons with AIDS), 1, 000, 351, represents $364, 000 less; ESG, our Emergency Shelter Grant program, 363,122, which represents $7,500. This is a reduction from last year's funding of $1,557, 094, and it will have an impact on the proposals that we will be reviewing this year. Commissioner Winton: What percentage decrease is that? Chairman Sanchez: It's a decrease. Commissioner Winton: No, no, percent. Chairman Sanchez: Oh, OK. Ms. Gomez -Rodriguez: It's -- we're going down right now from our overall ten percent. This is the best scenario. Now, when we talk about public service -- Chairman Sanchez: What's the worst scenario in public service? Ms. Gomez -Rodriguez: Well, right now, the best scenario is that we're going to be looking at $ 300, 000less funding for October 1. Commissioner Winton: For public service? Ms. Gomez -Rodriguez: Yes. Commissioner Allen: For public service. Commissioner Winton: And what percent decreases that? Ms. Gomez -Rodriguez: It went from 1,000,758 to 1, 000, 409, so it was a decrease of $300, 000. Twenty percent? A little bit more than 20. Commissioner Winton: Thank you. Vice Chairman Gonzalez: Believe it's about 22 percent. City of Miami Page 56 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Chairman Sanchez: All right. Commissioner Regalado. Commissioner Regalado: All of the South Florida Congressional Delegation and our two Senators have stated that they will fight any change on the CDBG (Community Development Block Grant) funding. We know that the League of Cities is doing that, and also there is a tremendous outcry in California, which is largest congressional delegation in Congress, so we may be looking at another year of the same, so the best case scenario is a reduction of 300,000 -- Ms. Gomez -Rodriguez: Right. Commissioner Regalado: -- for the fiscal year. Ms. Gomez -Rodriguez: Starting October 1. Commissioner Regalado: So we need to get from somewhere -- Ms. Gomez -Rodriguez: It's a reduction of $529, 000 in CDBG. Commissioner Regalado: Also -- Ms. Gomez -Rodriguez: That's the best scenario. For public service, it will have an impact of $ 300, 000. Commissioner Regalado: Yeah, but the other thing, Congresswoman Ileana Ros-Lehtinen is introducing a bill to get us the waiver from 15 -- Ms. Gomez -Rodriguez: To 25. Commissioner Regalado: -- to 25. If that is the case, would that offset -- Ms. Gomez -Rodriguez: Yes. Commissioner Regalado: -- the reduction? Ms. Gomez -Rodriguez: Yes, it will. Commissioner Regalado: OK. Chairman Sanchez: All right. Any other questions on PH.6? Is there a motion? Commissioner Regalado: Move it. Vice Chairman Gonzalez: 1-- second. Chairman Sanchez: There's a motion by Commissioner Regalado, second by Vice Chairman Gonzalez for the purpose of discussion. If you would allow before the discussion, a public -- it is 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, coming back to the Commission. Commissioner -- Vice Chairman Gonzalez, you're recognized. Oh, no discussion? Vice Chairman Gonzalez: No, I have no discussion. Ms. Gomez -Rodriguez: No. Chairman Sanchez: OK, no discussion on the item. It's an emergency ordinance, requiring a City of Miami Page 57 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 four -fifths vote. Jorge L. Fernandez (City Attorney): Yes. Chairman Sanchez: Read the ordinance, Mr. City Attorney. 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): First roll call. Second roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: The item has been adopted as an emergency ordinance, 5/0. PH.7 05-00040 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING, DIRECTING AND CONFIRMING THE REVERSION OF THE PARCELS OF LAND PREVIOUSLY CONVEYED TO BAME DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC., LEGALLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, TO THE CITY OF MIAMI, WITH SAID TERMS AS DESCRIBED HEREIN. 05-00040-exh ibitA. pdf 05-00040-resolution. pdf 05-00040-pre resolution9.pdf 05-00040-pre resolution8.pdf 05-00040-pre resolution7.pdf 05-00040-loan committee.pdf 05-00040-pre resolution6.pdf 05-00040-pre resolution5.pdf 05-00040-pre memo.pdf 05-00040-BAM E. pdf 05-00040-pre resolution4.pdf 05-00040-pre resolution3.pdf 05-00040-letter. pdf 05-00040-pre resolution2.pdf 05-00040-pre resolution1.pdf 05-00040-summary form.pdf 05-00040-public notice.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, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0133 Chairman Sanchez: All right. PH. 7, it's a resolution. Barbara Gomez -Rodriguez (Director, Community Development): PH.7 was the resolution that was deferred from the last Commission meeting. We are requesting that the City Commission let us bring back 40 lots that BAME (Bethel African Methodist Episcopal) Development Corporation of South Florida have been working on a development called New Hope Overtown City of Miami Page 58 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 since 1995, and we feel that it's not moving at the pace that it should and it should come back to this City. Chairman Sanchez: All right. Discussion? Commissioner Winton: Well, I'll move the item. Chairman Sanchez: There's a motion on the item. Is there a second. Vice Chairman Gonzalez: I'll second it -- Chairman Sanchez: Second for the purpose -- Vice Chairman Gonzalez: -- for the purpose of discussion. Chairman Sanchez: -- of discussion. Commissioner Gonzalez, you're recognized. Vice Chairman Gonzalez: Yeah. Barbara, if we -- if the City takes back these lots, I hope that the purpose of doing this is to make sure that someone gets right on it and start building houses. 1 mean, what I will hate to do is to do this and then see another two, three years or four years go by and nothing gets done. Commissioner Winton: Bingo. Vice Chairman Gonzalez: I mean, we've been taking about this over and over and over and over and as far as I'm concerned, I don't see anything being built, and we have to start building. I don't know. I don't know what the process is, what the process of the City is, as far as building homes, but maybe you can find three developers, four developers, I don't know; give certain amount of lots to each one, but I mean, it's not that hard to build -- how many lots are there? Ms. Gomez -Rodriguez: Right here, there's 401ots, nine houses that are 25 percent built. I can tell you that we're already working with the Commissioner of the district. We've been in contact. We need to move really fast because we -- the City paid a 1,400,000 already in this project, so we're already behind the ball game, and the only way that those charges will become eligible is that if we deliver the final product. Vice Chairman Gonzalez: Oh, well, let's -- Ms. Gomez -Rodriguez: So we hope to have it here -- Vice Chairman Gonzalez: -- get on it. Ms. Gomez -Rodriguez: -- in the first Commission in April already with a developer -- Commissioner Winton: All right. Ms. Gomez -Rodriguez: -- to start building. Vice Chairman Gonzalez: I believe that, you know, everybody needs to cooperate with Commissioner Winton, as far as administration is concerned, to facilitate and accelerate the process, so these homes finally can be built. Ms. Gomez -Rodriguez: Right. Vice Chairman Gonzalez: So, you know, that was my only concern. Thank you, Mr. Chairman. City of Miami Page 59 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Chairman Sanchez: Yes. Any further discussion on the item? I'd like to elaborate a little bit on that. Barbara, we must learn from the sins of the past, and I'm here to tell you that when you put $1,400, 000 and you have very little to show for and you're not producing, it is our responsibility to make sure that we cut it as quickly as possible, and either help that organization find a way to partner up with another organization or -- Ms. Gomez -Rodriguez: Get them out. Chairman Sanchez: -- come up creative activities so we can make sure that we do assist the needs in those communities, which is housing, so, you know, when you look at this example and - - it leaves a sour taste in people's mouth, when you say $1, 400, 000 and nothing to show for it, because at the end of the day, the people that suffer the most are the needy ones that are waiting in line, and I can tell you that the lines are long to become homeowners and, in many ways, even rent the place, so it is your responsibility, as the Executive Director, not only look at this organization, to look at all the organizations in our City that are not producing to a level that we're comfortable with, and then we, as a Commission, need to support each other and support the administration to tell these individuals, "Listen, 1 don't care how many votes you have or how much political strength you want to muscle at us; if you don't produce, we're taking that money away from you and we're putting it where people can produce, " because the accountability starts here and ends here. All right. Ms. Gomez -Rodriguez: Thank you. Chairman Sanchez: There's a motion and a second on that item. It's -- Priscilla A. Thompson (City Clerk): Public hearing. Chairman Sanchez: It's a public hearing. Anyone from the public wishing to address this item? I'm surprised. I'm surprised there's no one from the public here to address this item. All right. The public portion of the meeting is closed, coming back to the Commission. It's 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. Ms. Gomez -Rodriguez: Thank you. Joe Arriola (City Manager): Commissioner -- and I don't want to delay this. I just want to make a comment. I had a fabulous meeting, I think -- I hope he feels the same way -- with Commissioner Allen regarding this, and he is on board. We're on the same page, and you're going to see some things happening -- Commissioner Allen: Right. Mr. Arriola: -- quickly. Chairman Sanchez: Commissioner Allen, let me tell you. Commissioner Allen: Yes. Chairman Sanchez: The more I get to know you, the more respect I have for you. City of Miami Page 60 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Commissioner Allen: Thank you. Chairman Sanchez: Because you've taken positions that weren't politically correct, but they were leadership correct in this Commission. Vice Chairman Gonzalez: Well, that's leadership. Chairman Sanchez: And that's leadership. Vice Chairman Gonzalez: That's what leadership is all about. Chairman Sanchez: That's leadership, because at the end of the day, you know, you can't please Vice Chairman Gonzalez.: Everyone. Chairman Sanchez: -- everyone. Commissioner Allen: Right. Chairman Sanchez: OK, so having done this -- and I know that we have focused, not only Commissioner Gonzalez and myself -- Commissioner Regalado doesn't have too many of these agencies in his district -- but if they don't produce, we've got to cut them off because there's other agencies out there dying to have the opportunity and the funding to make a name for themselves and establish a good record on providing those services, so I commend you for that. Commissioner Allen: Thank you. Chairman Sanchez: All right. City of Miami Page 61 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 ORDINANCE - SECOND READING SR.1 05-00048 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 12613, ADOPTED NOVEMBER 18, 2004, EXTENDING THE TERM OF THE FRANCHISE AGREEMENT WITH NUI UTILITIES, INC., PREVIOUSLY D/B/A NUI CITY GAS COMPANY OF FLORIDA, NOW D/BA FLORIDA CITY GAS (" FRANCHISEE") UNTIL THE EARLIER OF 1) AUGUST 28, 2005, OR 2) THE DATE IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF ANY SUBSEQUENT FRANCHISE AGREEMENT ENTERED INTO BY THE CITY OF MIAMI AND THE FRANCHISEE; AUTHORIZING THE CITY MANAGER TO EXECUTE A FRANCHISE EXTENSION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00048-exh ibit. pdf 05-00048-ordinance. pdf 05-00048-Ietter.pdf 05-00048-summary form.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen 12656 Chairman Sanchez: SR.1. SR.1 is an ordinance on second reading. Is there a motion? Vice Chairman Gonzalez: I'll move SR.1. Chairman Sanchez: OK. There's a motion by Vice Chairman Gonzalez. Is there a second? Commissioner Allen: I'll second. Commissioner Regalado: Second. Chairman Sanchez: Second by Commissioner Regalado. It is open for discussion. Before we open it for discussion, it is a second reading, requiring a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public portion of the meeting is closed, coming back to the Commission for further discussion . Hearing no discussion from the Commission, well turn it over to the City Attorney to read the ordinance into the record, and then Madam Clerk, 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, 5/0. City of Miami Page 62 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 ORDINANCE - FIRST READING FR.1 05-00044 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "BUILDINGS/IN GENERAL," BY AMENDING SECTION 10-4(D) OF THE CITY CODE THAT SET FEES FOR BUILDING, PLUMBING, ELECTRICAL, MECHANICAL, (INCLUDING BOILER AND ELEVATOR) INSPECTION, PERMIT AND CERTIFICATE FEES AND ADDING SECTION 10-4(1) TO INCLUDE A NEW PERMITTING CATEGORY ; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 05-00044-summary form.pdf 05-00044-ord finance. pdf Motion by Vice Chairman Gonzaalez, 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 Chairman Sanchez: All right. I believe we are in FR.1, ordinance on first reading. Mr. Hector Lima. Hector Lima (Director, Building): Good morning, Commissioners. Chairman Sanchez: Good morning. Mr. Lima: As per your request, I'm back today. We did meet with the Commissioner that had concerns on the issue, and we've reduced the number of LIMP (Land Improvement Permit) permits to a handful now, and others will be treated under the Certificate of Appropriateness requirements under the planning -- existing planning ordinance. This whole -- Vice Chairman Gonzalez: I'll move the item. Chairman Sanchez: But -- gone Vice Chairman Gonzalez: I defer the last time. Now, I'm -- Chairman Sanchez: OK. There's a motion. Is there a second? Commissioner Winton: Second. Chairman Sanchez: But, Mr. Director, I think it's important for you to give a brief background because there are people that are watching on Net-9 that are affected by this, and I think that by educating them on the issue as to what the City has done to simplib, this process, that it was, at one time, very cumbersome, and now people are going to be able -- instead of going to the MRC (Miami Riverside Center), are going to be able to walk into their NET (Neighborhood Enhancement Team) office and take care of a lot of these issues. I think it's important for you, as the director, to elaborate a little bit on that so people that are watching Net-9 will see this and be informed on it. Mr. Lima: You're correct. Thank you. This Commission requested that we look into the expediting of permits, the whole nine yards, so what we did is we came -- come up with the idea of taking required permits from the building process and placing them into a land improvement City of Miami Page 63 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 process. When we did that, we also facilitated those permitting acceptance at the NET offices. Therefore, homeowners usually that went to the MRC will now go to the NET offices and obtain these Land Improvement Permits. In addition to that, we also exempted a lot of work, which is repaired maintenance from the permitting process also, so when this is all done and finished, a lot of things will be exempt, a lot of things will be shifted over to NET, and the major developments, alterations, additions will be handled at the MRC. That's the intent of this whole project. Chairman Sanchez: All right. There is a motion and a second. Motion was made by Vice Chairman Gonzalez. Priscilla A. Thompson (City Clerk): Correct. Chairman Sanchez: Who made -- who second? Ms. Thompson: Commissioner Winton. Chairman Sanchez: Second by Commissioner Winton. Open for discussion. It's a public hearing, requiring public input. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none -- Mr. Tucker? OK. Seeing none, hearing none, the public hearing is closed, coming back to the Commission for discussion. Hearing no discussion, Mr. City Attorney, read the ordinance on first reading, and then Madam Clerk, roll call. The Ordinance was read by title into the public record by the City Attorney. 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. City of Miami Page 64 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 RESOLUTION RE.1 05-00167 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE A NON -BINDING MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI, MIAMI-DADE COUNTY AND THE FLORIDA MARLINS, L.P. TO PROVIDE FOR THE PARTIES' JOINT EFFORTS TO DESIGN, DEVELOP, CONSTRUCT AND OPERATE A MAJOR LEAGUE BASEBALL FACILITY AND RELATED PARKING FACILITIES ADJACENT TO THE ORANGE BOWL STADIUM. 05-00167-exh ibit. pdf 05-00167-resol ut io n. pdf 05-00167-MOU.pdf Motion by Commissioner Allen, 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-05-0127 Chairman Sanchez: We're going to take one item out of the order of the day, and that's -- that is RE. 1, because I believe the Mayor needs to leave to address a Summit of Mayors that are in town, so Mr. Mayor, you're recognized for RE.1 that is being discussed now. Mayor Manuel Diaz: Thank you, Mr. Chairman, for the courtesy. You are correct. We are fortunate -- Commissioner Allen joined me last night -- we are fortunate this week to be hosting some of America's top mayors, who are meeting right now in downtown Miami with the drug czar of the United States of America, going over drug prevention strategies and I need to get back to that meeting, so thank you for this courtesy. You have before you another major step in the process offinalizing a deal with the Miami Marlins to play in Miami. As you all remember, last year there was a discussion and consideration by you of a -- what was then called a " preliminary term sheet." That preliminary term sheet was the first step that has now lead us this Memorandum of Understanding, which a -- still is -- is still a nonbinding agreement. With your approval of this Memorandum of Understanding, we will then proceed to the definitive transactional documents over the next few months. I want to first thank the City Manager and the County Manager, who I don't believe is here, but they've done a tremendous job with Otto and the rest of the staff and obviously, David Sampson is here representing the Marlins, and they've done a phenomenal job. I will tell you that there have been a lot of heated discussions in the process of arriving at this Memorandum of Understanding, but this is a business deal and everybody has behaved themselves as businesspeople to get something done. 1 want to just raise a -- really, a couple of points that address the major concerns that were discussed when we looked at the preliminary term sheet. One is the issue of the cost of the project. At the time that we discussed the preliminary term sheet, I think a lot of you, legitimately, as well as myself, were concerned about whether or not the cost that was being proposed at that time was a realistic cost, and that, of course, flows naturally into the issue of cost overruns. In the process of these discussions and after the Marlins looked at the proposal again and met with their architects, they actually agreed to raise the cost of the ball park by $35, 000, 000. The full $35, 000, 000 will be paid by the Marlins through their rental payment streams, and are a part of what are defined in this agreement as "team rent bonds, " so there's a greater sense of comfort now that the number, based on the other stadiums that have been built across the country over the last few years, is a more realistic number and, therefore, may be less subject to cost overruns. The second issue that we discussed -- spent considerable time discussing was the issue of cost overrun guarantees, and City of Miami Page 65 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 as you can see now, we've taken it a step further. Not only do we have a normal contractual guarantee as part of the agreement, but the Marlins and Major League Baseball, by the way, have agreed that the City and the County can have a lien on the franchise, so if the Marlins were to default, it's quite possible that Chairman Sanchez could be playing shortstop for the Marlins next year. Chairman Sanchez: Would I get 52, 000, 000 a year or every four years? Commissioner Winton: He'll take it. Mayor Diaz: We -- Commissioner Regalado: It has to go to the voters. Chairman Sanchez: Maybe fifty more cents a game. Mayor Diaz: There's also -- and Joe Arriola would be the general manager. No, I'm just kidding. Chairman Sanchez: He'd be kicked out of every game. Mr. Arriola: 1'd like that. Mayor Diaz: Notice I didn't say "manager." There's also a requirement on the Marlins to request from Major League Baseball a $10, 000, 000 guarantee to help in the event that there are cost overruns, and then finally, the process now calls for a much more structured review process with City, County representatives, as well as the team early on to make sure that the numbers are going to work and that there aren't going to be cost overruns, so those are basically the principle points that we discussed then, and then just to briefly talk to you about the funding that you have in your package. The total project cost is now 420, 000, 000, and if you see in your package how that breaks down, you'll see that the debt that the County is going to issue, which is called "team rent," and that's the debt that is secured by the payment stream from the rental payments of the team. There's also the sports tax and the CDT (Convention Development Taxes) additional capacity, which went up by $6, 000, 000. Finally, from the City's perspective, the total amount that the City will be issuing, in terms of bonds, is 120, 000, 000, and as you can see, an integral part of that is the fact that we were able to sell the Miami Arena and that, as you can see by the numbers, freed up $60, 000, 000 that will now be used for the purpose of constructing the stadium, and in additional -- I think there was an additional 15 that also goes towards our Orange Bowl renovations as a result of the arena sale, and that's essentially it. We've all met during the week. I believe you've all been briefed by myself and by the administration, and if you have any questions, they'll be happy to answer them. Thank you very much. Chairman Sanchez: All right. Mayor Diaz: And I -- obviously, I urge you to support and approve this Memorandum of Understanding. Chairman Sanchez: OK. It is open to the Commission. Any of the Commissioners have any questions -- Commissioner Winton: Mr. Chairman. Chairman Sanchez: -- or any statements they'd like to make? Commissioner Winton. Commissioner Winton: Mr. Mayor, is there not a provision relative to the sale of the team that City of Miami Page 66 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 allows the public to get at least a part of their money back, if there's a windfall to the team as a result of the public spending their money on building a stadium? Mayor Diaz: Yes, absolutely. There is -- the amount has not been negotiated yet. That'll be part of the definitive documents, but yes, there is definitely a requirement that on a sale of the team, the County and the City will receive a percentage of the net proceeds of that sale. Commissioner Winton: Because I think -- as you all know, that's been a thrust of mine since we were negotiating with the other guy that wasn't (UNINTELLIGIBLE) -- as I was saying, and I think that that provision helped sell this to the public, and part of the issue here is about selling a concept to the public because there are plenty of people out there who are opposed to using any public dollars for supporting a major league baseball stadium, but there's also a significant percentage of the public who's very much in favor of it, and then there's the people in the middle, like in all elections, and so I think that this really helps us attract some of the votes from those in the middle that aren't as decided one way or the other to bring them to the side of support. Chairman Sanchez: Commissioner Regalado. Commissioner Regalado: It's been reported in the media that the City contribution was $28, 000 ,000, and I think that it's important, Mayor, that we again put on the record that the City's contribution is $120, 000, 000, and that in very good faith, the arena -- the MSEA (Miami Sports & Exhibition Authority) Board decided to sell the arena as part of this deal. Now, my question will be, we've done everything we can, David, and more; the County has done that, so the next stop will be Tallahassee, and how can we send to our legislatures the clear message that these two governments and the team are already in line to start construction, and how can we convey the sense of urgency that we have to finish? Because, you know, if we have a -- sort of a glitch in Tallahassee, a lot of people would be disappointed because, as of today, everybody thinks that we are going to have a stadium, so I was wondering if you could give us -- Chairman Sanchez: Name and address. David Samson: David Samson, 2267 Dan Marino Boulevard, Dolphin Stadium. Commissioner Allen: Right. Mr. Samson: Hi. Thank you. I wanted to, before I answer your question, Commissioner Winton, just say very quickly that -- echoing what the Mayor said, Joe Arriola and Otto have done a tremendous job, and it really was a business deal. There were many times when I was wondering how much I'd be squashed by Joe and it turns out, the only thing missing in this chamber, which disappoints me, is the podiums don't move up and down, so if you could maybe get that approved, Joe, it would really show me something. Joe Arriola (City Manager): I did bring you a booster chair. Mr. Samson: Thank you very much. The fact is -- Commissioner Winton: (UNINTELLIGIBLE) he has one for me. Mr. Samson: Listen, I appreciate it. This will be the first time, Commissioner Regalado, in the history of the franchise, that there will be a local deal done before approaching Tallahassee. Before, it was always fractured; whether it was the County versus the City; the County versus the team; the City versus the team; the City versus the team, and the County. All that's gone now, and if we are fortunate enough to secure this resolution today and then on Tuesday in the County, then we go to Tallahassee as one; three legs of the stool. As Joe and the County Manager George Burgess like to say, going to Tallahassee for the final piece. They've never had City of Miami Page 67 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 an opportunity to provide the final piece the way they will during this session, and in terms of what can be done to help, if it's on your legislative package and the work that everyone's doing behind the scenes in showing the support that the people have toward this initiative, I think that will go a long way. Commissioner Regalado: OK. The only thing I need to say is win another one for the gipper. Mr. Samson: Yeah, we will certainly try. Chairman Sanchez: Allen. Commissioner Allen: Yeah, just -- thank you, Mr. Chairman. Just a quick question. I think it's - - oftentimes we don't give enough credit to our own staff. I want to thank the Mayor and Otto. They've put a lot of work in this, and I think these guys need to be applauded -- Commissioner Winton: Here, here. Commissioner Allen: -- in some way, shape or form. It's a good deal. I mean, I have experience in this area and I looked at the numbers and it's a really good deal, in the best interest of all the citizens, and the type of economic impact it will make will be tremendous and I'm looking forward to be a part of this whole history of the Marlins being renamed the Miami Marlins, so 1 want to thank you very much, OK. Mayor Diaz: All right. Commissioner Allen: I'll make a motion -- Commissioner Winton: Mr. Chairman. Commissioner Allen: I'll move the item. Vice Chairman Gonzalez: Oh, I'm sorry. Commissioner Allen: We have a motion. Chairman Sanchez: I apologize for that. Commissioner Allen: Yeah. Chairman Sanchez: 1 got to take milk on the way home. Sorry. As the Chair, I usually speak last -- Commissioner Winton: That was good. Commissioner Allen: Yeah. Chairman Sanchez: -- and 1 thought all the Commissioners were going to talk about this great deal, because I'll tell you this much. It's been a long process. It's been a bumpy process. It's been a love/hate relationship, but at the end of the day, 1 can honestly tell you that I've reviewed this Memorandum of Understanding, which is nonbinding, and we need to realize that, but I think that we, the City, compared to the City in the past, this is one deal that I could guarantee you that the is have all been crossed and the is have been dotted, and at times it's been very frustrating because, you know, we have a fiduciary responsibility for the City, like you have a fiduciary responsibility for the Miami Marlins, but I'll tell you this much, we are making progress in this City, and I'm proud to say that I am a big supporter of the Marlins. I'm a big City of Miami Page 68 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 supporter of baseball. I'm a big supporter of having a stadium in my district, which I think will revitalize that entire area, and I can tell you that when I speak to people and they express to me the love that they have for baseball and the love that they have for this City, we, once this deal is finalized -- and we have other hurdles to go through that I think that we will accomplish it if we hold hands and unify it -- or all our efforts to go to Tallahassee and get their support, which is the only key element in a mathematical formula that's missing that "X" or that "Y" or that exponent or indigent [sic], or whatever you want to call it, but once we're able to do that, I think, at the end of the day, we're going to have a great team in Miami, we're going to have a great stadium in Miami, and we're going to put Miami in the map, which it's already there, but it'll give Miami something to talk about, so I'm really excited about it, and all that I could say is, if you don't support the concept, you're entitled to not support it, but really, look at all the information; do your homework on the issue, and if you live in Miami, I honestly can't see why you wouldn't support this deal because this is a great deal. It's a great, great deal for the City of Miami. Thank you. All right. Anything else? I think we need to -- Commissioner Allen: I move the item -- Chairman Sanchez: -- a motion. Commissioner Allen: -- Mr. Chairman. Vice Chairman Gonzalez: Second. Chairman Sanchez: We have a motion by -- Commissioner Regalado: Roll call. Chairman Sanchez: -- Commissioner Allen. Commissioner Regalado: Roll call. Chairman Sanchez: Yes, sir, we will have a roll call. Madam Clerk, there is a motion by Commissioner Allen and there is a second by Vice Chairman Gonzalez. Any discussion on the item? I think we've discussed it already. Hearing none, Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. The resolution has been adopted unanimously, 5/ 0. Chairman Sanchez: Thank you. Commissioner Allen: Thank you. Chairman Sanchez: All right, congratulations to the City -- Commissioner Winton: Go Marlins. Chairman Sanchez: -- the County, the Marlins -- Commissioner Winton: Go Marlins. Chairman Sanchez: -- and all those. (Applause) City of Miami Page 69 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 DISCUSSION ITEMS DI.1 04-01316 DISCUSSION ITEM DISCUSSION CONCERNING A FINANCIAL UPDATE AND A BUDGET OUTLOOK. 04-01316-cover memo.pdf DISCUSSED Direction to the City Manager by Commissioner Regalado to study possible use of hybrid cars when replacing appropriate city vehicles, keeping in mind the savings realized in cost offuel. Chairman Sanchez: All right. Next item is a discussion item on the discussion concerning a financial update and budget outlook. Larry Spring: Commissioners, Larry Spring, Chief of Strategic Planning, Budgeting and Performance. For the month ended of December 31, 2004, we -- the -- we've -- our revenue collection has exceeded our expenses for the -- as of that date by $107, 600, 000. Commissioner Winton: By what? Mr. Spring: That positive cash flow is primarily due to receipts of property taxes from mortgage companies. Our budget forecast as of that same period ends -- indicates that we're on track to meet our budgeted revenue and expenses. However, the impact of increased fuel costs may impact utilities and fuel. However, we'll probably be able to reallocate savings from other categories to cover those items. As of the end of December 31, 2004, our total savings budget forecast indicates that we'll probably end up with a savings of about $3, 400, 000 as of right now. Commissioner Winton: Mr. Chairman. Chairman Sanchez: Yes, sir, you're recognized. Commissioner Winton: Mr. Spring, my apologies. I was trying to get two things going at the same time. What did you say on the real estate -- on the ad valorem tax side. We're exceeding revenue by -- Mr. Spring: Our collection -- Commissioner Winton: -- projections. Mr. Spring: -- as of -- for that month -- Commissioner Winton: Oh. Mr. Spring: -- exceeds expenses by 107. Commissioner Winton: So this is only a timing issue. Mr. Spring: This is just a timing issue. Commissioner Winton: That's all I want to know. Thank you. Mr. Spring: Yeah. City of Miami Page 70 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Chairman Sanchez: Any questions. As always -- Commissioner Regalado: Question. Chairman Sanchez: -- you know my standard questions. I'll yield to Commissioner Regalado. Commissioner Regalado: Larry, so the mortgage companies collect the taxes from the -- Mr. Spring: For those taxpayers that have escrow. Commissioner Regalado: -- customers and then they forward that to -- Mr. Spring: Right. Commissioner Regalado: -- the City of Miami? Mr. Spring: Right. Commissioner Regalado: Last month is the month that they do that. Mr. Spring: Yeah. Between November and 1 think it's February, because they have the discounts. Typically, the mortgage companies try to remit in November and December to get those monies and to realize those discounts, so you'll see a large volume of the payments being made in those first two months. As we move closer to the actual date, which is April, when the actual tax bills are actually due, that'll kind of level off. Commissioner Regalado: In your projections, is there any plan to buy new fleet of vehicles for the City of Miami City Police or City whatever? Mr. Spring: As a part of the annual budget process -- Commissioner Regalado: Yeah. Mr. Spring: -- we do have a fleet replacement that is in -- that was included and appropriated as a part of the budget. I think we even have, as part of the union contract, that there's a replacement cycle for police vehicles, specifically, and 1 want to say it's between 2 and $4, 000, 000 that we -- Commissioner Regalado: Only for police. Mr. Spring: Well, police and our normal vehicle replacement. Commissioner Regalado: And the reason is that many cities throughout the United States -- now New York is doing this -- is buying hybrid cars. The cost of fuel is not going to go down. It's going to go up and that's the way of life, so these hybrid cars are saving millions to different municipalities, and if you can look into that, maybe -- because I'm telling, they do 40 miles, 60 miles a gallon, and they have the same capacity. Mr. Spring: Correct. Joe Arriola (City Manager): Commissioner, we're looking very much into it. There are some slight limitations with some police cars, et cetera, as you can imagine. Commissioner Regalado: No, I'm not talking about police cars. City of Miami Page 71 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Mr. Arriola: Yeah, but for us -- Commissioner Regalado: I'm talking about -- Mr. Arriola: -- that is a definite thing that we're looking at, and as -- you know, obviously, you are correct to say that -- you know, especially, if we keep cars for five, six, seven years, that the value of that is very significant, and we are looking at the possibilities of buying the hybrid cars. Commissioner Regalado: Thank you. Chairman Sanchez: Any other questions? My questions are always very, very simple. Any reported conditioners -- conditions that I, as a Commissioner, should be made aware of? Mr. Spring: At this time, no. However, I wanted to inform the Commission that 1 am coming on the March 10 agenda with the 2004 budget close-out amendment, and probably, at that time, we will have some amendments to the '05, this budget that I'm discussing right now. Most of those will be the nature of appropriating fund balance and special revenues, but there are some issues out there. One, our convention -- Public Facilities Convention Department on the facility next door because we had intended not to operate it for the entire fiscal year. I'm going to have to appropriate some additional dollars to complete that operation throughout 2005. Chairman Sanchez: And those would be issues that would be out of the norm? Mr. Spring: Yeah, they would be out of the norm, but within the -- can be handled within the budget contingency that we have. Chairman Sanchez: OK. Mr. Spring: So the money is there. Commissioner Allen: OK. Chairman Sanchez: All right. This does not require any action. It's just a discussion update on the City's finance. DI.2 04-01295 DISCUSSION ITEM DISCUSSION AND POSSIBLE RESOLUTION REGARDING A POSSIBLE SETTLEMENT IN THE MATTER OF NATIONAL ADVERTISING V. CITY OF MIAMI. (BILLBOARD LITIGATION) 04-01295-email. pdf DEFERRED A motion was made by Commissioner Regalado, seconded by Commissioner Allen, and was passed unanimously, with Vice Chairman Gonzalez and Commissioner Winton absent, to defer item DI2 to the next regular Commission Meeting currently scheduled for March 10, 2005. Chairman Sanchez: So I believe, Madam Clerk, that that concludes our -- Priscilla A. Thompson (City Clerk): You have one more discussion item. City of Miami Page 72 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Jorge L. Fernandez (City Attorney): Mr. Chairman -- Chairman Sanchez: Which item is that? Mr. Fernandez: -- the next discussion item is an item that I placed on the agenda, hoping that there would be a settlement on the national advertising case, but I have to report to you that, at this time, we're not ready to proceed with that item, so it's deferred. Chairman Sanchez: All right. Need a motion to defer C -- Commissioner Regalado: Move it. Mr. Fernandez: D -- Chairman Sanchez: D1.2 -- D1.2. Mr. Fernandez: Correct. Commissioner Regalado: Move it. Commissioner Allen: Second. Chairman Sanchez: There's a motion to defer DI.2 by Commissioner Regalado, second by Commissioner Allen. 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 item has been deferred to the next what -- Mr. Attorney, when would you like it on the agenda, the next general Mr. Fernandez: Yes. Chairman Sanchez: OK. Madam Clerk, next -- Ms. Thompson: Next regular -- Chairman Sanchez: -- general meeting. City of Miami Page 73 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 PART B PZ.1 05-00081 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, AS AMENDED, FOR THE SOLEIL PROJECT, TO BE LOCATED AT APPROXIMATELY 3100 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO CONSTRUCT A 514-FOOT, 43-STORY HIGH MIXED -USE STRUCTURE ADJACENT TO AN EXISTING 86,801 SQUARE FOOT OFFICE BUILDING TO BE COMPRISED OF APPROXIMATELY 288 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 9,188 SQUARE FEET OF RETAIL SPACE, APPROXIMATELY 2,907 SQUARE FEET OF RESTAURANT SPACE, AND APPROXIMATELY 876 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; 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 74 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 05-00081 Exhibit A.PDF 05-00081 Exhibit B.PDF 05-00081 Exhibit C.PDF 05-00081 Fact Sheet.pdf 05-00081 Zoning Map.pdf 05-00081 Aerial Map.pdf 05-00081 Analysis.PDF 05-00081 UDRB Reso.PDF 05-00081 Zoning Analysis.PDF 05-00081 Pre -Application Design Comments.PDF 05-00081 Traffic Impact Letter.PDF 05-00081 School Board Comments.PDF 05-00081 PAB Reso.PDF 05-00081 Legislation.PDF 05-00081 Table of Contents.PDF 05-00081 Letter of Intent.PDF 05-00081 Application for MUSP.PDF 05-00081 Affidavit.PDF 05-00081 Disclosure of Ownership.PDF 05-00081 Articles of Incorporation.PDF 05-00081 Certificate of Good Standing.PDF 05-00081 Zoning Write Up.PDF 05-00081 Aerials.PDF 05-00081 Zoning Atlas.PDF 05-00081 Project Data Sheet.PDF 05-00081 Computer Tax Printout-Deed.PDF 05-00081 Ownership List.PDF 05-00081 Owner's Authorization.PDF 05-00081 Presentation Renderings.PDF 05-00081 Project Desc - Zoning Ord No. 11000.PDF 05-00081 Minority Construction Employment Plan.PDF 05-00081 Traffic Impact Analysis.PDF 05-00081 Site Utility Study.PDF 05-00081 Economic Impact Study.PDF 05-00081 Survey of Property.PDF 05-00081 Drawings.PDF REQUEST: Major Use Special Permit for the Soleil Project LOCATION: Approximately 3100 Biscayne Boulevard APPLICANT(S): Pivotal Holdings, LLC APPLICANT(S) AGENT: Patricia M. Baloyra, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. URBAN DEVELOPMENT REVIEW BOARD: Recommended approval with conditions* on November 17, 2004 by a vote of 3-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on January 19, 2005 by a vote of 7-0. *See supporting documentation. City of Miami Page 75 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 PURPOSE: This will allow the development of the Soleil Project. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0134 Direction to the City Manager by Commissioner Winton to create a database of qualified, minority, local contractors to be handed out to all developers. Chairman Sanchez: All right. We'll go ahead and start with PZ 1. Lourdes Slazyk (Assistant Director, Planning & Zoning): Thank you. For the record, Lourdes Slazyk, Planning Department. PZ 1 is a Major Use Special Permit for the Soleil project. That's located at approximately 3100 Biscayne Boulevard. The project will consist of approximately 288 total multifamily residential units, with amenities, 9,188 square feet of retail, 2,907 square feet of restaurant space, and approximately 876 parking spaces. The project was recommended for approval, with conditions, by the Planning Department. The applicant had met all of our design conditions, and therefore, there are no additional design considerations. It was recommended for approval by the Planning Advisory Board, with conditions, and the project will consist of an affordable housing trust fund contribution of approximately -- a little over $1, 000, 000. Commissioner Allen: How much? Ms. Slazyk: $1, 000, 000. Chairman Sanchez: All right. Madam Applicant. Patricia Baloyra: Good morning. Patty Baloyra, 1441 Brickell, on -- Chairman Sanchez: All right. Before you go any further, is there any opposition to this item? Commissioner Winton: And I'm trying to hurry it, but they're over there -- Chairman Sanchez: Yeah. Commissioner Winton: -- playing with the picture so long that, you know -- Chairman Sanchez: OK, ma'am. I'm sorry for the interruption. I apologize. Ms. Baloyra: It's OK. Patty Baloyra, 1441 Brickell, here on behalf of the developer Leviev Boymelgreen, represented here today by Bob de la Fuente and Lisa Mediarati (phonetic). Fullerton Diaz Architects, Julio Diaz and Harold Tanenbaum. Kimley-Horn, who are the landscape architects on the project, here represented by Mark Bukall (phonetic), and the Corradino Group, who did the traffic consulting on the project. Here to answer any of your questions is Richard Garcia. Soleil is a mixed -use 43-story tower. It is located at approximately 3100 Biscayne Boulevard. As you can see, it's a beautiful building, and it's going to serve as the gateway from Biscayne Boulevard to the Midtown Miami project. We have worked with staff through the various levels, and so much of the staffs recommendation is approval with only the standard conditions. We've also been recommended unanimously by all the prior boards that we've come in front of and now I'll give you Julio Diaz to present the project. City of Miami Page 76 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Chairman Sanchez: All right. Sir, please state your name for the record. Julio Diaz: I'm an architect with Fullerton Diaz Architects in Coral Gables. I'll be brief with my presentation. The site is on C-1 and SD-20. We have, as we said, 208 units. We have a requirement of 622 parking spaces, and we're providing 876. We're underutilizing the FAR ( Floor Area Ratio). We are allowed to have 514,000 square feet, and we're using 427,000 square feet. The building is 42 stories in height. It's lined with residential units on the garage so you don't see the garage. It's a very sleek -- Commissioner Winton: Would you describe that in more detail? Mr. Diaz: Sure. Commissioner Winton: In fact, that's what we'd really like to hear, the technical stuff Mr. Diaz: The tower is facing Biscayne Boulevard. This is an existing office building and the garage is contained within the site and then we're lining the garage with residential units, so when you look at the garage, it looks like a residential building and not like a garage. The tower itself is here and it comes all the way down to the ground, so it doesn't look like a building sitting on top of a pedestal, but it looks like the tower is coming all the way down to the ground on Biscayne, and we have a plaza and a restaurant facing Biscayne Boulevard, and the building has a residential scale and feeling to it. The recreational building is on the 9thfloor, and we have a swimming pool and tennis courts and some town houses facing the swimming pool. Commissioner Winton: Are you keeping the existing building? Mr. Diaz: Yes, we are. There's about 86,000 square feet of office. Commissioner Winton: Are you renovating it? Mr. Diaz: We're renovating the building, yes. Commissioner Winton: Including the skin? Mr. Diaz: We haven't made that decision, yet, and that's a short version of my presentation. If you have any questions or -- Commissioner Winton: Move staff recommendation on PZ.1. Commissioner Winton: All right. PZ 1, there is a motion. Is there a second? Commissioner Regalado: Second. Commissioner Allen: One comment -- Chairman Sanchez: Second for the purpose of discussion. Commissioner Allen: -- Mr. Chairman. Chairman Sanchez: Commissioner Allen, you're recognized. Commissioner Allen: Yes. Thank you, Mr. Chairman. As with all of these large scale developments that are going forth here in the South Florida market, we do have a tremendous housing boom taking place here. My concern is always with respect to the Planning Department, there's a condition that to make sure that there is best efforts with respect to City of Miami Page 77 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 minority participation and employment plan, and can we get assurance that that will be monitored with respect to all these great projects that are going forth, in some respect or can we have -- Ms. Slazyk: Yeah. We don't actually moni -- Commissioner Allen: Can we -- no. Can we have -- Ms. Slazyk: Yeah. You mean from the applicant, yes. Commissioner Allen: Right, that's what I'm saying. Can we have the applicant chime in on that, if he will, pursuant -- Ms. Baloyra: Yes, Commissioner. Thank you. Commissioner Allen: -- to the conditions imposed by the Planning Department. Ms. Baloyra: Yes, Commissioner. Thank you. We've made the pledge to abide by that. We are very much interested in participating in that program. We think it's an important program in the City, and -- Commissioner Allen: But have you done anything to, you know, reaching out to some of these particular subcontractors, plumbing -- just yesterday 1 got several calls from black plumbing contractors asking me, Commissioner Allen, why can't I participate in all these large scale development projects taking place? I said, yes, you may, you can, so to that end, you know, what have you done? I just don't want a generic statement, if you will. Ms. Baloyra: No, 1 understand, Commissioner. We are at the very early stages of dealing with, you know -- Commissioner Allen: Right. Ms. Baloyra: -- the construction and whatnot, and we have made the pledge and we will abide by it. I don't know if -- Commissioner Allen: Because this is going to create employment opportunities, and it's going to (UNINTELLIGIBLE) -- Bob de la Fuente: Good morning, Commissioner. Bob de la Fuente -- Commissioner Allen: Yes, Bob. Mr. De la Fuente: -- on behalf of Pivotal Holdings. I'm actually with the developer's company, and at this point, as Ms. Baloyra stated, we are in the very initial stages of reaching out and beginning to gather all of our contractors and subcontractors, and we will make every effort to reach out to the minority community. Commissioner Winton: Well, let me --1 think this street runs two ways -- Commissioner Allen: Um-hmm. Commissioner Winton: -- and so, Commissioner Allen, I think that if you have the names of qualified minority subcontractors, we need to get that in the right places, also. Commissioner Allen: That was -- City of Miami Page 78 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Commissioner Winton: Because they don't always know how to find those qualified subs. Commissioner Allen: That was my next suggestion. I was going suggest to you that I have within my district individuals across the board, subcontractors that are willing and able to perform, and as such, my office can provide you with those names, so I wanted to find out first of all, have you placed a mechanism in place. You're saying you haven't reached that point yet, so I can assist you, if you will. That's my point. Mr. De la Fuente: Thank you, and we will contact your office -- Commissioner Allen: OK. Mr. De la Fuente: -- to get the names. Commissioner Allen: And your name, Mr. -- Mr. De la Fuente: Bob de la Fuente, and I'm the project developer. Commissioner Allen: OK. Thank you. Chairman Sanchez: All right. Mr. De la Fuente: Thank you. Commissioner Winton: Well, you know, on this issue, though, I think there needs to be a better mechanism than every single developer just contacting your office. Some way or another, we've got to create a database -- Commissioner Allen: Right, that's what we've (UNINTELLIGIBLE) -- Commissioner Winton: -- that's automatic -- Commissioner Allen: Um-hmm. Commissioner Winton: -- to go in the hands of every -- Commissioner Allen: I agree. Commissioner Winton: -- single contractor and not just the ones doing the large scaled developments that require a MUSPs; the ones that require a Class II permit. Ms. Slazyk: And special exceptions. Commissioner Winton: There's a ton of those going on, too, and those are also good jobs, so we got to get a mechanism internal to the City that creates that database and hands it to every single developer every time they come in for a permit. Commissioner Allen: Yes. Thank you, Commissioner. Chairman Sanchez: All right. Any further discussion? Hearing none, it's a resolution. Commissioner Winton: Beautiful building. Mr. De la Fuente: Thank you. City of Miami Page 79 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Chairman Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." PZ 1 passes. Thank you. Mr. De la Fuente: Thank you. Ms. Baloyra: Thank you very much. PZ.2 05-00082 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE SILVERTON PROJECT, TO BE LOCATED AT APPROXIMATELY 300, 324, 326, 338, 342 AND 344 NORTHWEST 36TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A 113-FOOT, 10-STORY HIGH MIXED -USE STRUCTURE CONSISTING OF APPROXIMATELY 112 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 9,456 SQUARE FEET OF RETAIL SPACE, AND APPROXIMATELY 250 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 80 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 05-00082 Exhibit A.PDF 05-00082 Exhibit B.PDF 05-00082 Exhibit C.PDF 05-00082 Table of Contents.PDF 05-00082 Drawings.PDF 05-00082 Minority Construction Employment Plan.PDF 05-00082 Economic Impact Study.PDF 05-00082 Site Utility Study.PDF 05-00082 Traffic Impact Analysis II.PDF 05-00082 Traffic Impact Analysis I.PDF 05-00082 Site Plan.PDF 05-00082 Survey.PDF 05-00082 Article II - Project Description.PDF 05-00082 Article I - Project Information.PDF 05-00082 Legislation.PDF 05-00082 PAB Reso.PDF 05-00082 School Board Comments.PDF 05-00082 ZB Reso.PDF 05-00082 Sp Ex Analysis.PDF 05-00082 Sp Ex Fact Sheet.pdf 05-00082 Zoning Analysis.PDF 05-00082 Traffic Letter.PDF 05-00082 UDRB Reso.PDF 05-00082 Pre -Application Comments.PDF 05-00082 MUSP Analysis.PDF 05-00082 Aerial Map.pdf 05-00082 Zoning Map.pdf 05-00082 MUSP Fact Sheet.pdf REQUEST: Major Use Special Permit for the Silverton Project LOCATION: Approximately 300, 324, 326, 338, 342 and 344 NW 36th Street APPLICANT(S): Urban Builders, LLC APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. URBAN DEVELOPMENT REVIEW BOARD: Recommended approval with conditions* on July 21, 2004 by a vote of 5-0. ZONING BOARD: Recommended approval with conditions* of a special exception to City Commission on December 13, 2004 by a vote of 8-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on January 19, 2005 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the development of the Silverton Project. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 81 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0135 Chairman Sanchez: All right. PZ.2, moving right along. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ2 is a Major Use Special Permit for the Silverton project. This is located at approximately 300, 324, 326, 338, 342, and 344 Northwest 36th Street. This is a 10-story mixed -use structure, with approximately 112 multifamily units; 9,456 square feet of retail, and approximately 250 parking spaces. The project has been recommended for approval, with conditions, by the staff and by the Planning Advisory Board. There are a couple very minor design related conditions that deal with the garage screening details. We've included a condition that the parked cars be hidden from view and that that same treatment be carried to all sides of the garage. There were also some landscaping conditions. This is on 36th Street, which is -- that needs to be coordinated with FDOT (Florida Department of Transportation), but we wanted as many shade trees as possible to create a very comfortable pedestrian realm on 36th Street. Commissioner Winton: Well, my initial reaction when I got the booklet was to immediately -- and I meant to defer this item, because I couldn't figure out anything about the architecture. I still can't figure out much about the architecture, and that doesn't make me happy because you already know we've been burned on these damn renderings already, and this rendering has less detail than anything I've seen ever, and I don't intend to be burned again, so I'm not thrilled by the display of architecture here because I can't figure this out, and so unless y'all have more than this, I'm going to move to defer this to -- for 30 days. Chairman Sanchez: All right. Mr. Applicant, could you answer the Commissioner's question, please? Gil Pastoriza: Gil Pastoriza, 2665 South Bayshore Drive. Commissioner, we've had this project appeared before the Zoning Board, Internal Designs -- Commissioner Winton: Well, I already know. That's why it's here. Mr. Pastoriza: -- everybody else. Commissioner Winton: I got that. Mr. Pastoriza: And they -- we've received some very positive comments with respect to the project from all the various boards and committees. If I could -- or if you could be -- tell me what are some of your specific concerns, so that I -- we have the architect here that we can respond to your specific concerns. Commissioner Winton: I've got one elevation. I can't see any side of the building? Mr. Pastoriza: Yeah, we have. We have a side -- Commissioner Winton: I don't know if that's the front or the back. Mr. Pastoriza: This is a -- the side elevation from the east and it's mirrored on the west side. This being -- and if you see the side here, this is our side, so the east elevation will be what you see -- Commissioner Winton: Is that east -- City of Miami Page 82 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Mr. Pastoriza: This is the front elevation of the building. Commissioner Winton: Fronting 36th. Mr. Pastoriza: On 36th Street, correct, and then this will be your east elevation, and the west elevation mirrors it, and this is a podium, this is a parking structure, and as you can see, the parking structure is totally screened -- Chairman Sanchez: What's your surrounding; is it R-3? Mr. Pastoriza: It's R-3 towards the back, and then it's all C-2 along 36th Street. Chairman Sanchez: No R-1/R-2? Mr. Pastoriza: There is no R-1 and R-2s, no, and as you can see by this exhibit, the area is pretty rundown. Commissioner Winton: (UNINTELLIGIBLE) I'm not -- I'm interested in that. Mr. Pastoriza: OK. Commissioner Winton: I know what -- Mr. Pastoriza: And I will tell you that the building is 113 foot in height. Commissioner Winton: So what's the elevation that fronts the rest of the neighborhood behind it? Mr. Pastoriza: OK. Commissioner Winton: Have you looked at that, Lourdes? Ms. Slazyk: We did look at it when we did the design review. Mr. Pastoriza: This is the south elevation, which is the elevation that fronts the R-3, and as you can see, it's -- the tower itself is all the way up towards 36th Street so that the height that you have fronting the R-3 is only like five floors, which is 50 feet, OK. That's all that -- and that's what is permitted in the R-3, so we're very compatible at the rear with the R-3. We also, by the way, have left a 20-foot buffer from the R-3 into our project, and we have shifted the entire project to 36th Street. Ms. Slazyk: We didn't have any con -- Commissioner Winton: All right. Are y'all satisfied -- Chairman Sanchez: (UNINTELLIGIBLE) the buffer? Ms. Slazyk: Yeah. We didn't have any concerns -- Mr. Pastoriza: 20-foot. Ms. Slazyk: -- with the massing. The massing was appropriate. It had to do with -- as the project was going through the design review, we wanted to make sure that when it goes from here to building permit drawings, that the same treatment be afforded to the parking all the way around and that there not be any exposed parking or cars hidden from view, which is what the City of Miami Page 83 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 applicant is showing you. Mr. Pastoriza: Right, and there's none, as you can see it from the front elevation, which is -- this is our parking podium. The rear elevation, OK, and then the side elevation, there is no exposed parking. Every single facade has been treated, and you know, this is some of the treatment and some of the -- this is the type of product that we're intending to do on those floors. Commissioner Winton: I'll move staff recommendation. Vice Chairman Gonzalez: Second. Chairman Sanchez: OK. There's a motion and a second. For the purpose of discussion, any discussion on the item? Hearing none, PZ 2 -- once again, there's no one in opposition. Is there anyone in opposition on the item? No one in opposition on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Resolution PZ.2 passes. PZ 3. Mr. Pastoriza: Thank you. PZ.3 04-00573 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 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 City of Miami Page 8,1 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 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. Motion by Chairman Sanchez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen 12658 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 3 and 4 are companion items. It is a land use change and a zoning change for the property 2143, 2161 Southwest 6th Street, and 2160 Southwest 5th Street. The -- Chairman Sanchez: Where's the applicant? Ms. Slazyk: He's here. This was originally recommended for denial. The City Commission had reconsidered it on October 14, 2004, and then passed it on first reading November of 2004. The -- at the January meeting, it was continued to today because the applicant was making some revisions to their proffered covenant. We now have the revisions. We're satisfied with the language. Chairman Sanchez: Are you satisfied with the revisions? Ms. Slazyk: We're satisfied with the revisions, and we've been working with them since that time to now with our design review committee on the design of the project and they've done everything that we requested. Chairman Sanchez: All right. Is there any opposition on this item? Seeing none, Mr. Applicant, you're recognized. Simon Ferro: Mr. Chair, Simon Ferro, 1221 Brickell. I represent the applicant. This is the second reading. As Lourdes has stated, we have met with them. We have done major design modifications to make sure that we comply with the design review issues. We come back before - - I -- and I -- we were the ones that requested the deferral last time because we wanted to clarify some issues on the covenant. We have submitted a covenant that binds us to this specific site plan, which is the one that went through the design review, and we're happy with it and we would ask you to approve this application based on the very good site plan we have. Chairman Sanchez: All right. This item is in my district, so I'm going to pass the gavel to the Vice Chair, and just once again, thank you for your professionalism. This item came before us. There was some concerns based on the design and there was some concerns that were expressed by Planning and Zoning, but after sitting down with them and coming to an agreement and basically bringing a better, which I consider a much better product to the Commission, I'm very happy with the results. I like the design. I'm very glad to see that there is a commercial concept of it on 22nd Avenue, so therefore, I would make the motion to approve PZ 3, which is an ordinance on second reading. City of Miami Page 85 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Vice Chairman Gonzalez: We have a motion to approve PZ 3. Do we hear a second? Commissioner Allen: Second. Vice Chairman Gonzalez: And we have a second. All in favor, say "aye." Priscilla A. Thompson (City Clerk): It's an ordinance. Jorge L. Fernandez (City Attorney): Need to read it. Vice Chairman Gonzalez: Oh, I'm sorry. It's a -- Chairman Sanchez: It's a resolution. Vice Chairman Gonzalez: OK, it's an ordinance. I'm sorry. Mr. Fernandez: Yes. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance -- Vice Chairman Gonzalez: PZ (Planning & Zoning) -- Ms. Thompson: -- has been adopted on second reading, 5/0. Mr. Ferro: Thank you very much. Vice Chairman Gonzalez: PZ.4. Mr. Ferro: I'd like to thank Planning staff for their cooperation. Chairman Sanchez: Thank you. PZ.4 04-00573a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 34, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3 " 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. City of Miami Page 86 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 04-00573 & 04-00573a Exhibit A.PDF 04-00573a Fact Sheet.pdf 04-00573a-su bm ittal-liq uor survey.pdf 04-00573a Legislation.PDF 04-00573a Application & Supp Docs.PDF 04-00573a ZB Reso.PDF 04-00573a Analysis.PDF 04-00573 & 04-00573a Aerial Map.pdf 04-00573a Zoning Map.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. Motion by Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen 12658 Chairman Sanchez: PZ 3 is a companion item. Vice Chairman Gonzalez: P -- Chairman Sanchez: I'll make the motion to approve. Vice Chairman Gonzalez: I have a motion -- Jorge L. Fernandez (City Attorney): PZ 4. Priscilla A. Thompson (City Clerk): PZ (Planning & Zoning) -- Vice Chairman Gonzalez: -- on PZ. 4 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.4. Commissioner Regalado: Second. City of Miami Page 87 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Vice Chairman Gonzalez: And we have a second. It's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: Roll call, Madam City Clerk. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. PZ.5 04-01358 ORDINANCE Second 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 Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez 12659 Chairman Sanchez: P -- Vice Chairman Gonzalez: PZ 5. Chairman Sanchez: 1s that also a companion? City of Miami Page 88 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Lourdes Slazyk (Assistant Director, Planning & Zoning): No. Jorge L. Fernandez (City Attorney): No. Ms. Slazyk: PZ 5 is an amendment to the Zoning Ordinance for the sign regulations. This is a second reading ordinance that would allow for the approvals of permits for outdoor advertising signs that may be permissible pursuant to any settlement agreements that have been duly approved by the City Commission, and we reco -- it's been recommended for approval by PAB ( Planning Advisory Board), and this is second reading. Vice Chairman Gonzalez: I'll move PZ.5. Commissioner Allen: Great. Chairman Sanchez: There's a motion for PZ 5, which is an ordinance on second reading. Is there a second? Commissioner Allen: Yes. Just a quick -- Chairman Sanchez: Second by -- Commissioner Allen: Yeah, but I -- just a quick -- Chairman Sanchez: -- Commissioner Allen. Open for the purpose of discussion. Commissioner Winton: What item is this? Commissioner Allen: Yeah, just a quick question. Chairman Sanchez: Commissioner Allen, you're recognized. Commissioner Allen: Lourdes, you just said something operative. I was looking at this. This further explains the outdoor advertising signs definition? Ms. Slazyk: Correct. What happened was we had adopted a new sign ordinance back in approximately 2002 that prohibited new billboards, new outdoor advertising signs in the City. Since that time, the only way we could issue the permits, pursuant to the settlement agreements that this Commission has approved, is to do this amendment. It won't allow billboards just anywhere. It can only be billboards that have been approved pursuant to settlement agreements that call for the reduction overall of billboards over the next 20 years or so. Commissioner Allen: Right. Now, let me also ask if John Q. Public comes, what about you look at various business -- buildings throughout our city and you have these straight advertisements? Ms. Slazyk: That's different. Commissioner Allen: So -- right, but to the average person, they consider that to be outdoor signs, so this clearly does not fall in that definition. Ms. Slazyk: No. Commissioner Allen: That doesn't apply. Ms. Slazyk: No. Those are something else and they'll be addressed in the future. City of Miami Page 89 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Commissioner Allen: Great. Good. Thanks. Chairman Sanchez: All right. Commissioner Winton: Mr. Chair. Chairman Sanchez: Yes, sir. Commissioner Winton: And my apologies if I'm asking a question in repeat, but I was on the telephone, so I try not to do that. Where's the County relative to this? Are they all right with what we're doing here? Ms. Slazyk: Oh, this is not the mural ordinance. This is -- Commissioner Winton: This is just the billboard? Ms. Slazyk: -- settlements -- the settle -- Commissioner Winton: OK. Ms. Slazyk: -- to allow us to issue the building permits that are -- Commissioner Winton: Yeah, yeah, I got that. Ms. Slazyk: -- required -- Commissioner Winton: I'm fine. Ms. Slazyk: -- as part of the settlements on billboards. Commissioner Winton: Just wanted to make sure. Ms. Slazyk: That's another one, and we're still meeting. Commissioner Allen: Right, right, right. Commissioner Winton: And we need to start enforcing that one. We're one giant mural downtown anymore. I've never seen more vodka bottles on buildings. Vice Chairman Gonzalez: All right. Commissioner Winton: Disgusting. Vice Chairman Gonzalez: We have a motion and we have a second. This is a resolution, Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. Reading -- a second reading. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: All right. It's a resolution, all in favor, say "aye." Priscilla A. Thompson (City Clerk): No, it's an ordinance. I'm sorry. City of Miami Page 90 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Vice Chairman Gonzalez: Oh, no, I'm sorry. It's an ordinance. Ms. Thompson: Right. Roll call. Vice Chairman Gonzalez: I have a page in my book that says -- Commissioner Regalado: Which one is this? Commissioner Allen: This is PZ (Planning & Zoning) -- Ms. Thompson: PZ5. Ms. Slazyk: PZ.5. Commissioner Allen: -- 5. Vice Chairman Gonzalez: PZ.5. Commissioner Regalado: OK. It's an ordinance, right? Vice Chairman Gonzalez: It's an ordinance. Commissioner Allen: Right. Vice Chairman Gonzalez: OK, roll call. 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.6 04-01440 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 350, 360, 370 AND 380 NW 24TH STREET, AND 301 AND 311 NW 23RD STREET, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO " GENERAL COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01440 Fact Sheet.PDF 04-01440 Analysis.PDF 04-01440 Land Use Map.pdf 04-01440 & 04-01440a Aerial Map.pdf 04-01440 PAB Reso.PDF 04-01440 Application & Supp Docs.PDF 04-01440 Legislation.PDF 04-01440 & 04-01440a Exhibit A.PDF REQUEST: To Amend Ordinance No. 10544, from "Industrial" to City of Miami Page 91 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 "General Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 350, 360, 370 and 380 NW 24th Street, and 301 and 311 NW 23rd Street APPLICANT(S): Pompei Warehouses, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 1, 2004 by a vote of 6-0. See companion File ID 04-01440a. PURPOSE: This will change the above properties to General Commercial. 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 Vice Chairman Gonzalez: PZ.6. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.6 and 7 are also companion land use and zoning change items. This is from industrial to general commercial. The properties are approximately 350, 360, 370 and 380 Northwest 24th Street, and 301 and 311 Northwest 23rd Street. The Planning and Zoning Department is recommending approval. It's also been recommended for approval by the Planning Advisory Board and the Zoning Board. Commissioner Allen: I move the item. Vice Chairman Gonzalez: We have a motion. It's a public hearing. Yes, sir. Commissioner Winton: I'll second for discussion. Vice Chairman Gonzalez: Second for discussion. Commissioner Winton: I'm just --1 don't care about location here. Why isn't this spot zoning? 1 don't get it. Ms. Slazyk: Because it meets -- Commissioner Winton: Everything around it -- Ms. Slazyk: Right. Commissioner Winton: I'm sorry. Ms. Slazyk: It meets the qualifications. You have to have a certain size or be -- or adjacency to the district in which you're requesting. This one complies with the size. City of Miami Page 92 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Commissioner Winton: It certainly doesn't comply to adjacency. Ms. Slazyk: No, but there is actually been a trend in this neighborhood of the industrial. It's been converting to general commercial so they could bring in the lofts into this district. Commissioner Winton: OK, and so that's what I want to hear about. Ms. Slazyk: Right. Commissioner Winton: I mean, not that we've decided for one developer to do something special, because that isn't right. Ms. Slazyk: No. This has been happening for -- Commissioner Winton: I -- this developer -- Ms. Slazyk: -- a couple years now. Commissioner Winton: -- is outstanding. Ms. Slazyk: Yes. Commissioner Winton: But it isn't right that we do something for one guy -- there needs to be a message put out that just in terms of our long-range planning, we're moving in this direction in this neighborhood. Ms. Slazyk: Absolutely, and what the Planning Advisory Board passed a second resolution after they recommended approval of this item that we take a look at this area and see -- since this has been a trend for about two years now -- Commissioner Winton: That we all want. Ms. Slazyk: That we all want -- that we take a look at it and so -- Commissioner Winton: Great. Ms. Slazyk: -- the Planning Department is looking at that. Commissioner Winton: Thank you. Vice Chairman Gonzalez: All right. This is a public hearing. Anybody in opposition of this item? Seeing none, 1 close the public hearing. Back to the Commission. We have a motion and we have a second. It's an ordinance. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: Madam Clerk -- Priscilla A. Thompson (City Clerk): Roll call. Vice Chairman Gonzalez: -- roll call. A roll call was taken, the result of which is stated above. Vice Chairman Gonzalez.: PZ 7 is the companion, I believe. City of Miami Page 93 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Ms. Thompson: The ordinance has been passed on first reading, 5/0. PZ.7 04-01440a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 21, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "I" INDUSTRIAL TO "C-2" LIBERAL COMMERCIAL WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT WITH AN F.A.R. OF 2.35, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 350, 360, 370 AND 380 NORTHWEST 24TH STREET; 301 AND 311 NORTHWEST 23RD STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01440a Fact Sheet.PDF 04-01440a Analysis.PDF 04-01440a Zoning Map.pdf 04-01440 & 04-01440a Aerial Map.pdf 04-01440a ZB Reso.PDF 04-01440a Application & Supp Docs.PDF 04-01440a Legislation.PDF 04-01440 & 04-01440a Exhibit A.PDF REQUEST: To Amend Ordinance No. 11000, from I Industrial to C-2 Liberal Commercial with an SD-19 Designated F.A.R. Overlay District with an F.A.R. of 2.35 to Change the Zoning Atlas LOCATION: Approximately 350, 360, 370 and 380 NW 24th Street, and 301 and 311 NW 23rd Street APPLICANT(S): Pompei Warehouses, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on January 10, 2005 by a vote of 7-2. See companion File ID 04-01440. PURPOSE: This will change the above properties to C-2 Liberal Commercial with an SD-19 Designated F.A.R. Overlay District with an F.A.R. of 2.35. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Vice Chairman Gonzalez: PZ.7 is a companion item. Commissioner Winton: So move. City of Miami Page 94 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Vice Chairman Gonzalez: We have a motion. This is a public hearing. Anybody in opposition of this item? Commissioner Winton: We don't have a second, though. Vice Chairman Gonzalez: Seeing none, I close the public hearing. We have a motion. Do we have a second? Commissioner Winton: Need a second. Commissioner Allen: Yes, second. I'm sorry. Vice Chairman Gonzalez: OK. We have a motion and we have a second. It's an ordinance. Madam City Clerk, roll call. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: Madam Clerk, roll call, please. 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. Unidentified Speaker: Thank y'all very much. PZ.8 04-01268a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 345 AND 363 NORTHEAST 20TH TERRACE; 2040, 2066 AND 2072 NORTH BAYSHORE DRIVE; AND 348 NORTHEAST 21ST STREET, MIAMI, FLORIDA, FROM "HIGH DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01268a Fact Sheet.PDF 04-01268a Analysis.PDF 04-01268a Land Use Map.pdf 04-01268a Aerial Map.pdf 04-01268a School Board Comments.PDF 04-01268a PAB Resos.PDF 04-01268a Application & Supporting Docs.PDF 04-01268a Legislation.PDF 04-01268a-Submittal-1. pdf 04-01268a-Correspondence. pdf 04-01268a-Correspondence.pdf REQUEST: To Amend Ordinance No. 10544, from "High Density Multifamily Residential" to "Restricted Commercial" to Change the Future Land Use City of Miami Page 95 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 345 and 363 NE 20th Terrace; 2040, 2066 and 2072 N Bayshore Drive; and 348 NE 21st Street APPLICANT(S): Royal Palm Miami Holdings, LLC, Contract Purchaser/Owner APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on January 19, 2005 by a vote of 7-0. See companion File ID 04-01268b. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Paramount at Edgewater Square Major Use Special Permit Project. CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Allen, and was passed unanimously, to continue Item PZ. 8 to the next Planning and Zoning meeting currently scheduled for March 24, 2005; further directing the Administration to meet with area residents to explain the zoning history of the area and what are the realistic expectations for the change in the character of the neighborhood; further requesting that the developer meet with area residents to negotiate a compromise. Chairman Sanchez: All right. Moving right along. We'll go to PZ 8, which is a land use change Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 8 and 9 are actually a companion land use and zoning change. These are for the properties located at 345, 363 Northeast 20th Terrace, 2040, 2066, 2072 North Bayshore Drive and 348 Northeast 21st Street. This is from high -density multifamily residential to restricted commercial, with the zoning change including the zoning overlays of SD-20 and 20.1, which is the Edgewater Overlay District, and the SD-19 designated FAR (Floor Area Ratio) Overlay District. These -- this land use and zoning change is a component of a Major Use Special Permit, which you will see when this comes back to you for second reading for the Paramount at Edgewater Project. This is a logical extension of these categories in this area. Other -- the zoning on the block immediately to the south has already been changed, and it is consistent with the pattern for this area. Therefore, we recommend approval. It was also recommended for approval by the Planning Advisory Board and by the Zoning Board. Chairman Sanchez: All right. Before we allow the applicant to proceed with her presentation, is there anyone in the public in opposition to this project? Commissioner Winton: Yeah, plenty. Commissioner Regalado: Wow. Chairman Sanchez: OK, you will be afforded an opportunity to speak Have you given your name to the Clerk? OK, thank you. All right. Ma'am, you're recognized. Adrienne Pardo: Hello. My name is Adrienne Pardo, with law offices at 1221 Brickell Avenue. I'm here today on behalf of Royal Palm Miami Holdings, LLC, the owner of the subject property. With me here today is Steve Corn, principal with Royal Palm Miami Holdings, as well as the City of Miami Page 96 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 architect, Bernard Fort Brescia and Carter. We also have Dick Rogers, our landscape architect. The subject property is located off of Biscayne Boulevard on the west side, North Bayshore Drive on the east side, and it's in between 20th and 21 st Streets. It's almost an entire block. When we had originally filed the application, it also included the corner piece with Bacardi, but along the process, Bacardi had decided not to sell the project -- their property and we had to revise this project. We had originally filed the application back in August, and we had been to Zoning Board twice, and both times, they had recommended approval on this application, as well as the Planning Advisory Board had also -- has also recommended approval on this application. We're here before you today because we have a request for the rear portion of the property to be rezoned from R-4 to C-1. The reason for that being that we have a proposal to have a residential condominium building, with retail along Biscayne Boulevard, as well as retail and restaurant along North Bayshore Drive, and what my client is seeking to do on North Bayshore Drive -- and the reason we have the rezoning from R-4 to C-1 -- is that they want to have retail and restaurant in the rear -- on the North Bayshore Drive side. They want to create a pedestrian urban environment that is open to the entire community, so that it will invite everybody within the area to be able to walk there, to have outdoor seating and restaurant, and really create an open outdoor environment. Across the street, you have the water; you have Biscayne Bay, so this property is not directly on the water, but it's across the street, and they would have the views of the water. My client has also proposed to make improvements along North Bayshore Drive, right along the Biscayne Bay, to fix the seawall here and make the sidewalk a little wider so you have more area here, so that's part of the application, is the rezoning from R-4 to C-1 in the rear . The front part of the property is already zoned C-1, so that doesn't need to be changed, and of course, corresponding with the R-4 to C-1, we have a Comprehensive Plan amendment to restricted commercial. The front is already that way, and all the property to the south is zoned SD-6, which is a much higher and more intense district. Along with this application, when we had amended it and the Bacardi parcel was taken out, we had also requested a overlay district of SD-19 for a 2.4 FAR. Now, directly south, as I had mentioned, you do have SD-6. The SD-6 district allows for an 8.4 FAR. We did not -- we have not requested that. We could have easily come in and said to you, "can we have the 8.4 SD-6? " We felt that this might be more of a transition to the north, so we didn't request that FAR. They filed an application for the C-1, along with the request for affordable housing bonus, where they will pay into the fund approximately 1, 500, 000, and we didn't remove that. When we asked for the SD-19, with the 2.4, we still kept the provision of the affordable housing bonus because my client felt that they had committed to do this project; that they had made the commitment that this is something they would already work with the City and make this payment, and therefore, we didn't ask for a higher FAR, and it would have taken away that requirement for the payment of the affordable housing bonus, but we kept that in there, and if this project is approved, it would still include the affordable housing bonus of approximately --1 think it's 1.2 or $1, 500, 000, so those are the applications before you. We do have a corresponding Major Use Special Permit application. I would love for our architect -- that item will actually not be on your agenda until we go to second reading, but it is a companion to these. 1 think it may be necessary for us to walk you through it. Apparently, there are individuals here -- we haven't had anybody at any of our other hearings opposing this project, so I don't know what their issues are in order to address them. I had asked one of the gentlemen beforehand if he wanted to discuss it so we could just go through some of the issues before the item, but he had said he wanted to come up here and make his presentation, so I wasn't able to, so for that reason, I'd like to turn the floor over to Bernard Fort Brescia. He can explain to you the design of the building. I mean, they spent a great deal of care designing this building. It's only one tower. You can see it's a very large piece of property. It's approximately 2.72 acres, so it's a very large piece. Many times you'll see at least two towers, sometimes even three towers, but in this case, the client wanted to have one slender tower. They wanted to keep the garage structure low. It's only a five -story garage structure. I know many times in a lot of the projects, you've been seeing ten stories or 11-story garage structures, but they kept this low. They've lined the garage completely along Biscayne Boulevard . The garage is also lined with townhome units along Northeast 20th Terrace, and the project was also designed with the building pushed back, and having this entire courtyard area in front City of Miami Page 97 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 so that it wouldn't necessarily block the views of some of the -- of course, other properties in the surrounding area, and one other thing that I wanted to mention with this particular application is that there is a house here that was built many years ago. Some of you may remember it -- the movie, Something About Mary, with Cameron Diaz, was filmed in that house, and they designed this project around that house so that they could maintain it. It was never officially designated a historic home, although it was built many years ago, and they're maintaining that house and they want to incorporate it -- and have a restaurant in there and incorporate it into the entire project, so at this time, I'm going to call -- have Bernard walk you through this project, tell you about it, and then we'd like the opportunity to address any of the issues that come up. Bernardo Fort Brescia: I don't know. Yes, it is. Good afternoon. I'm Bernardo Fort Brescia. I'm a principal of Arquitectonica. We've been working on this project, I think, for many, many months, and gone through many hearings, as you've heard, double set of hearings, for two different configurations of the site, and I'd like to tell you first, as an architect, what was -- what made this project very special because, as you know, I do many other condominiums and residential buildings, but the uniqueness about this project is that it is actually a mixed -use project. It's not just a residential project. It tries to create a focal point for the neighborhood, a place of gathering for this and other buildings in the vicinity, and that it actually creates a link from Biscayne Boulevard to the waterfront, with true public access to the waterfront for the entire neighborhood. Many of the other buildings don't have that kind of sense of a place that we're trying to create here on the waterfront, and it is triggered by several factors. First, that there's -- as Adrienne mentioned to you, there's an existing house that is a very interesting house of historical significance, and it's -- which is in very good condition on the exterior, and that is representative of the -- how the neighborhood used to be, and we thought the memory of the place and the house would be attractive, and it sets the stage for a focal point for a whole sort of neighborhood center here for restaurants to happen along the waterfront, something we all know is very seldom happening here. We have difficulty finding places where -- to go with friends from -- especially from out of town to go to the waterfront, and the other thing is that it doesn't close off the waterfront. It actually allows traffic to flow in front of the building, between it and the waterfront, and maybe I should begin from the edge here because, if you visited the site, currently, there's a very, very narrow boardwalk that is hardly usable in a safe way, and we have created a -- we have bowed North Bayshore Drive to create a 13-foot walkway along the waterfront, where we can put benches, where people can walk safely; there's enough distance between the car and the edge of the seawall, and created a -- more of a place, as you can see. Everywhere else, it comes very narrow. I think it's five feet or so, and instead, it will be 13 feet. We're also proposing pavers that will change the texture of the walkway -- of the drive here so people will drive slower, and will flow all the way through the side, through the plaza, where we're proposing some restaurant and commercial space along the ground floor, around the existing house, and this forced us to essentially pull the building back. The building could have been at the edge, but instead it's significantly pulled back quite a bit, and I think -- in fact, I should move over here to this drawing where you can see the environment that is being created. This is the low-rise portion on both sides, and the building sets back and creates this curve that embraces the space that I'm referring to, with a driveway to a drop-off in the center, a central space that becomes a plaza, surrounded by the old house and the new building, and the new proposed buildings, and this also opens up and engages the next -door neighbor to the south into that open space this way. This is (UNINTELLIGIBLE) project directly to the south, so the building is in this position as I'm mentioning, and from this rendering, you can see that the building steps down towards the south, creating a series of terraces that look towards downtown, and probably this shows you how the building is quite setback next to the neighbor -- with respect to the neighbor to the north, and how it pulls back, in fact, with respect to the neighbor to the south, and creates that space within that curvature that you see here. These are some of the views of the landscape. It'll be shaded trees, largely, which create a shaded environment along the new -- the boardwalk that is being created of some kind of (UNINTELLIGIBLE) or so, along the waterfront, as you see in this image, and these are some of the images. This is the entrance, the old house, the new terraces; terraces that open up from the restaurants on either City of Miami Page 98 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 side, leading to the building within, and from this plan, you can see that we have concealed -- there's a garage, but in fact, the garage is completely covered along the street by proper architectural treatment, as well as town houses that happen on the lower levels along the side street, and commercial at the corner, with Biscayne Boulevard, so that there is activity and life along the whole walkway as (UNINTELLIGIBLE) reaches from Biscayne Boulevard all the way to North Bayshore Drive, as you see here. This is the parcel that Adrienne mentioned that was, at one point, part of the project and is no longer; the white portion that you see here. Some of these closer elevations show you the series of buildings that happen, and this is removing the old house so you can see beyond what happens with the building arrival on the courtyard and some of the commercial space that happens along that portion of the waterfront, and to give you some reference point of what has been happening in the neighborhood, we actually have here a photo montage that actually shows you the level of activity, and of our changing skyline in our city with activity all the way from downtown and marching down all the way to Blue on 36th Street, and several of the other high-rises that are proposed and happening along the waterfront, and you can see where this happens roughly in the middle of that strip of development that is happening along the waterfront. What is interesting about the site and unusual is that it is a portion of the bay that was not filled in. As you can see, here is the new bulkhead all the way out, and we are at the original coastline in this project. Again, so the building is very set back from the waterfront. It's way, way back with respect to our neighbors to the north, and many of the buildings to the south, as well. You can see here the position of the building to the south side on -- the westerly end of the bay, creating a harbor, what is called Edgewater. I think I've given you an overview of the project, and I'll be available for questions. Thank you. Chairman Sanchez: All right. Any question from the Commission? If not, we'll open it for the public hearing portion of it. Yes, sir. Chris Tingue: My name is Chris Tingue. 1 live at 2121 North Bayshore Drive. We're in your district, Commissioner Winton. I spoke to Jason in your office yesterday and requested a time -- Chairman Sanchez: Two minutes. Mr. Tingue: I'm actually going to request right now -- since we have a group of 12 people from my building, Commissioner Sanchez, I would like to request if you could give me possibly ten minutes -- Chairman Sanchez: Oh, sure. Mr. Tingue: -- to go over -- Chairman Sanchez: Are they giving you time, or else everybody gets -- are they going to waive the time to you? Mr. Tingue: Yes, they're waiving the time to me. I'm -- they've, you know, given me that opportunity. Chairman Sanchez: So you're representing them? Mr. Tingue: Yes. Chairman Sanchez: You have the floor, sir. Mr. Tingue: But they also can speak, as well, correct? Commissioner Winton: No. Are you -- City of Miami Page 99 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Chairman Sanchez: Are you representing them as -- Mr. Tingue: I live in the building with them. Chairman Sanchez: OK. Mr. Tingue: But 1 don't want to take -- I mean, I have the presentation I'd like to make. I have a piece of paper -- Chairman Sanchez: How long will your presentation take? Mr. Tingue: Approximately, five minutes. Chairman Sanchez: OK. Mr. Tingue: Possibly more. Chairman Sanchez: Yeah, five minutes, and then the speakers will have two, since you're going to be doing a presentation. Mr. Tingue: OK. Chairman Sanchez: And anybody else making any presentation? You're also going to be making a presentation, too? How long is your presentation going to take, sir? Unidentified Speaker: Four minutes. Chairman Sanchez: He's -- OK. All right. Mr. Tingue: I'd like to submit for the record a statement that I have here for the four -- the five of you. Biscayne 21 is the name of the building that we live in. It's a -- we're a group of neighbors who joined together to address our concerns about these two recommended variances in question. We're here to request that you defer on passing these variances. We strongly oppose the zoning variance that you have been asked to review today. We urge you to defer this first reading until better communication about the project has taken place between the developers and the community. We're concerned about the apparent lack of height limits. We're not in agreement with the size and scale of the project, most of us never were from the start, and we're even more vehemently opposed now that the developers are cramming the same immense tower proposed in August into a property that is now 26 percent less net area. I argue that members of our community were not made adequately aware of the magnitude of this development. Those marketing the project created false impressions and encouraged misunderstandings. Significant civil opposition to this project, as defined, does exist, is real and will only grow if our issues are not addressed. These developers continuously overstate certain desirable aspects of the project, while completely understating the drawbacks that will negatively impact the quality of life at Biscayne 21 and for other local residents. We have high hopes that democratic processes within our community, more specifically, City of Miami and Edgewater, will let our voices be heard today. We're here because Edgewater residents is silent far too long demand us -- we are demanding more active involvement in the community with your help. We're here to contribute in positive ways. We know that some exciting things are happening in the neighborhood, and we're very supportive of that. Many of us feel like we live in a place right now that's -- where development is out of control. We've seen many historic homes torn down, and you know, we have, essentially, a case of learned helplessness, or this belief that there's really nothing that we can do, and this seems to be what these developers, like Royal Palm, want. Why did we just come to this realization the overwhelming majority of us share these common concerns, but yet, failed to express them until now? The answer's pretty complex. First, as a City of Miami Page 100 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 community, Edgewater seems to be increasingly more fractured. Residents of other areas, like Morningside, are much more better organized, and you know, we would like to lead the way in getting Edgewater a little bit more organized. Second, despite what developers say, there simply just hasn't been enough three-way dialogue between developers, the City and the original Edgewater residents, like ourselves, many of whom have been living there since the 1960s. Third, whatever dialogue that has taken place has not trickled down to all those concerned. Believe it or not, many residents just didn't know about the enormous magnitude of the Paramount project. I first learned about it late last fall from my mother, who lives in New York, and told me she heard about some fancy condo near where I live that had elevators that went to each residential unit. First -- fourth of all, 1 would argue that the dialogue and information that did trickle down was mostly about misperceptions or half -of -the -story impressions about the development project in question, and I want to give you some examples. The developers spread the good news around the community that Paramount was all about town houses. There's going to be only six, but they understand that the 40 -- but they understated the 46-story tower, like they did today, and the fact that town house units would only make up less than two percent of total units. Developers spread good news that they preserved one historic home, Miami's famous Something About Mary house, but they understated the demolition of other historic homes that once belonged to Mary's next -door neighbors. They spread the good news of their intentions to keep plenty of green spaces, but understated the long shadows that will be cast in all directions, including on our swimming pool every afternoon. They spread the good news of commercial enhancement, such as restaurants and shops, that many of us actually do look forward to, and we're not in harsh opposition to the land use variance, by the way, but they understated the failure to adequately address parking needs for future luxury condo residents, their visitors and those enjoying these new commercial establishments. They spread the good news of their willingness to help the City beauty North Bayshore Drive, its sidewalks and waterfront areas, but have they also understated what could be ulterior motives to incringe [sic] upon the waterfront that is to our immediate south at Biscayne 21? They spread the good news last fall to a few Biscayne 21 residents about their first MUSP (Major Use Special Permit) design for the entire City block. Most residents did not attend this meeting. Communication of this visit was a mere line item on a board meeting agenda posted in a mailroom -- post office in our building. There was never any direct communication from developers straight to us, the residents of the building, but let me also add that they were -- that they never formally presented this existing December 2004 MUSP to us at all. They -- this would be the redesign that calls for only 3.8 percent fewer units on 26.5 percent less net area. They spread the good news about the affordable housing bonus, but -- that they will pay, you know, to increase the FAR, but they understated that our former neighbors evicted -- you know, were evicted to look for affordable housing elsewhere. Am I running out of time or -- Commissioner Winton: You're doing well. Mr. Tingue: OK. Thank you very much. They also spread the good news in Sunday's Herald implying that the project was a done deal, and announcing sales would commence in March. They understated the key point made -- they also understated a key point made by Ileana Hernandez -Acosta, the Zoning Board chair, on January 10, when she very reluctantly recommended this zoning variance to you today. I'm talking about the necessary alley closure that must be granted by the City, and to my best understanding -- and I'm not an expert on this -- has not yet been granted. The property has an east -west zoned alleyway. Isn't alleyway public property that would in fact be real estate owned by the City, just like a street? Isn't an alley generally not included into the net area of private property if an owner happens to have two bordering properties divided by an alleyway? On the Biscayne Boulevard side, the alley is bordered to the north by Bacardi's property, making it a shared alleyway. 1 learned that there are three types of alleyways: a public right-of-way, an easement and part of an existing private property. This couldn't possibly be considered part of an existing private property if it's shared, so wouldn't that have to make it either a public right-of-way or an easement? If this alley is, in fact, City property and does not belong to the developers, and if the City has not yet granted City of Miami Page 101 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 permission to the developers to eliminate this east -west alley within the zoning, how or why have these developers gone ahead this week and built a sidewalk that stretches from in front of Mary's house, about 50 feet south, and across what is still zoned as a City alleyway? And for the record, I would like to submit some photos that I took yesterday to the City Commission. I have one photo for each of the five Commissioners. 1 don't know (UNINTELLIGIBLE), and I have seven small photos of the entire (UNINTELLIGIBLE) this sidewalk that this week they built across what is --1 understand to be an existing alleyway, and that's something I'd like to -- I'm not, you know, an expert on these things, but I'd like for the Commission to address that issue that I have. I would at this time also -- OK. Commissioner Winton: Could I interrupt you for one second? Mr. Tingue: Yes. Commissioner Winton: I think -- first of all, I've already read this. Mr. Tingue: Oh, you have? Commissioner Winton: Now, so I don't have to hear the rest of it. Mr. Tingue: OK. Commissioner Winton: And I think you've done a very good job. Chairman Sanchez: Yeah. Mr. Tingue: Thank you. Commissioner Winton: And I'm going to make a motion. Chairman Sanchez: OK. Commissioner Winton: And I'm going to deliver a message to both the developer and to you all, and my motion is going to be to continue this item 30 days to the next -- to next month's Planning and Zoning meeting; direct the developer to meet specifically with this group of citizens from this condominium project, and this is a process we've done on every single development out there, so this isn't new and it isn't special. It's what we've always done. Now, the message. I don't know if y'all have been watching Commission meetings since we -- since I've been here, during Planning and Zoning meetings, and I've talked about this neighborhood over and over and over and over and over again. The horse is out of the barn. The neighborhood -- could have been some of you all who lived there then. I doubt that you did, but in mid-'80s came to the City and demanded -- because in the mid-'80s, that area was a mess, and everybody was talking about what's going to be the next area in Miami -Dade County that really has some potential to get redeveloped, Miami Beach or Edgewater? Miami Beach or Edgewater? As soon as Miami Beach lifted their building moratorium that they had for ten years on South Beach, Miami Beach took off. This area stayed in the pits, but the community, for some reason or another, felt that the only way to get out of the pits was to up -zone the whole neighborhood, which would destroy the character that was there forever, and that up -zoning occurred in roughly 1985, the biggest mistake the neighborhood and this Commission could have ever made because the area isn't designed -- the infrastructure isn't designed to hold all these high-rises, but you can't downzone. Well, you can, but the public's going to pay millions, so we've got a huge, huge -- been saying this over and over again, and I've told staff I want to get rid of all bonuses, you know. We can't downzone, but we can take away some certain things to do everything in our power to try to control this the best we can, but trust me, the horse is out of the barn. The character of that neighborhood is going -- not going to look like, ten years from now, anything like it looks like City of Miami Page 102 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 today, and that's a shame, but it is reality, but to the developers, we always say -- wherever they are -- the community that's in these neighborhoods also have a say. We want them to have a voice, and we want you all to take into consideration their concerns, and I hope that, out of the end of this, there's going to be some compromise that helps you all meet your needs, and helps the developer meet their needs. From a public policy standpoint, I will tell you that -- and you guys will all work on some of the density and all that stuff -- and you didn't say this in here, so I didn't know -- I think you made some good points on the commercial side of it, but I'm, frankly, thrilled that they're looking at doing some of the commercial development. I don't know how much that is yet, so I'm listening the same way you are. Mr. Tingue: And so are we. Commissioner Winton: OK, good, good. And the question you're going to have to ask is, tell me what this commercial development really is. Let's get some definition around that kind of thing. Let's understand how the traffic works and how the parking works for all of that stuff, and those are all good questions. Density is going to be your biggest challenge. End of story. Mr. Tingue: I'd like -- Commissioner Allen: Mr. Chairman, then I would second -- Chairman Sanchez: All right. There's a motion -- Commissioner Allen: -- Commissioner's motion. Commissioner Winton: Yes, please. Chairman Sanchez: There is a motion and a second to defer the item to the next PZ (Planning & Zoning) item -- Commissioner Winton: Continue. Chairman Sanchez: No, continue -- Commissioner Winton: Yes. Chairman Sanchez: -- to the next PZ scheduled agenda. All in favor, say "aye. The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Thank you very much. Giving -- Ms. Slazyk: For the record, that was for PZ.8 and 9. Chairman Sanchez: Yes. Commissioner Allen: Yes. Chairman Sanchez: Well, PZ.8 and 9 is a companion item -- Ms. Slazyk: Right. Chairman Sanchez: -- which is both. OK, thank you. PZ.9 04-01268b ORDINANCE First Reading City of Miami Page 103 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 21 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-4 " MULTIFAMILY HIGH -DENSITY RESIDENTIAL WITH AN "SD-20" EDGEWATER OVERLAY DISTRICT AND "C-1" RESTRICTED COMMERCIAL WITH AN "SD-20/SD-20.1" EDGEWATER OVERLAY DISTRICT TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-20/SD-20.1" EDGEWATER OVERLAY DISTRICT AND "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT WITH AN F.A.R. OF 2.4, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 340 AND 348 NORTHEAST 21 ST STREET; 317, 341, 345 AND 363 NORTHEAST 20TH TERRACE; AND 2040, 2066, AND 2072 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01268b Exhibit A.PDF 04-01268b Aerial Map.pdf 04-01268b Analysis.PDF 04-01268b Application & Supporting Docs.PDF 04-01268b Fact Sheet.PDF 04-01268b Legislation.PDF 04-01268b ZB Resos.PDF 04-01268b Zoning Map.pdf 04-01268b-Correspondence. pdf REQUEST: To Amend Ordinance No. 11000, from R-4 Multifamily High - Density Residential with an SD-20 Edgewater Overlay District and C-1 Restricted Commercial with an SD-20/SD-20.1 Edgewater Overlay District to C- 1 Restricted Commercial with an SD-20/SD-20.1 Edgewater Overlay District and SD-19 Designated F.A.R. Overlay District with an F.A.R. of 2.4 to Change the Zoning Atlas LOCATION: Approximately 340 and 348 NE 21 st Street; 317, 341, 345 and 363 NE 20th Terrace; and 2040, 2066 and 2072 N Bayshore Drive APPLICANT(S): Royal Palm Miami Holdings, LLC, Contract Purchaser/Owner APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on January 10, 2005 by a vote of 8-0. See companion File ID 04-01268a. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-20/SD-20.1 Edgewater Overlay District and SD-19 Designated F.A.R. Overlay District with an F.A.R. of 2.4 for the proposed Paramount at Edgewater Square Major Use Special Permit. CONTINUED City of Miami Page 104 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 A motion was made by Commissioner Winton, seconded by Commissioner Allen, and was passed unanimously, to continue Item PZ. 9 to the next Planning and Zoning meeting currently scheduled for March 24, 2005; further directing the Administration to meet with the area residents to explain the zoning history of the area and what are the realistic expectations for the change in the character of the neighborhood; further requesting that the developer meet with area residents to negotiate a compromise. Note for the Record: The minutes for Item PZ 9 can be located under Item PZ 8. PZ.10 04-01178 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 3155 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01178 Fact Sheet.PDF 04-01178 Analysis.PDF 04-01178 Land Use Map.pdf 04-01178 & 04-01178a Aerial Map.pdf 04-01178 PAB Resos.PDF 04-01178 Application & Supp Docs.PDF 04-01178 Legislation.PDF 04-01178 & 04-01178a Exhibit A.PDF 04-01178-submittal-petition.pdf 04-01178 & 04-01178b -City Attorney Memo.pdf 04-01178 & 04-01178a Motion to Reconsid. Memo - 2.pdf REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3155 SW 22nd Terrace APPLICANT(S): Edwin J. and Elizabeth Caron, Owners APPLICANT(S) AGENT: Ines Marrero-Priegues, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on October 6, 2004 by a vote of 6-2. The Board also recommended to the City Commission by a vote of 8-0 that if they were to consider a covenant with the companion zoning request that such covenant should be accepted and should address the following: buffers, uses, design review and landscaping. See companion File ID 04-01178a. PURPOSE: This will change the above property to Restricted Commercial. City of Miami Page 105 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Motion by Commissioner Regalado, 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 Chairman Sanchez: OK. PZ 10. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.10 and 11 are companion items for change of land use and zoning. This is for the property located approximately 3155 Southwest 22nd Terrace. Chairman Sanchez: All right. Ms. Slazyk: As you all may recall, this was actually before the City Commission. It was denied by the City Commission on December 9, and reconsidered on January 13. This is the property along Coral Way, where Rex Art wants to move into. My understanding is that the applicant has a modified covenant that they wish to proffer. The Planning Advisory Board recommended denial to the City Commission on this item. However, they added a recommendation that if the City Commission were to consider a covenant with the companion zoning request, that the covenant should be -- should address buffers, uses, design review and landscaping. This was also recommended for denial by the Zoning Board. Chairman Sanchez: All right. Commissioner Regalado, this item is in front of us again. Commissioner Regalado: Right. Thank you very much, Mr. Chairman. You may remember that I moved to deny this item back in December, 1 think it was, because they were seeking an exit on 22nd Terrace. The growth in Coral Way is an issue that all the residents -- I live two blocks from Coral Way. The Golden Pines residents were very concerned, and we have seen -- and we have seen it with the cafeteria that had opened their exit on 22nd Terrace, and it was closed by this City Commission by a court order, that this is the major concern of the residents, for those of us who live north of Coral Way and for those of us who live south of Coral Way, exit on 21 st Terrace or 22nd Terrace, and although Rex Art is one of the signature business, has been as long as I remember on 37th Avenue and they have to move, and they wanted to stay in the Coral Way area, I had to move to deny, but then they came back and they said, well, we have taken another look at the plans. We will demolish the building because, really, there wasn't any way to exit on Coral Way. If you look at that area -- and I know that area very well -- the alley, or the driveway, it's very narrow, so they show that they really wanted to be in the Coral Way area, and they are willing to change all the plans, demolish the old building -- Commissioner Winton: Here, here. Commissioner Regalado: -- and exit on Coral Way, and in Coral Way only. That's why 1 ask my colleagues to reconsider, and that's why I am ready to move for approval of this -- Commissioner Winton: Second. Commissioner Regalado: -- item. Chairman Sanchez: All right. There's a motion and a second. This is a covenant with -- Commissioner Regalado: Covenant. Ms. Slazyk: The covenant will go with PZ. 11, which is the zoning change. Chairman Sanchez: OK, that'll be -- City of Miami Page 106 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Ms. Slazyk: 10 is the land use change. Chairman Sanchez: The land use, OK There is a motion and a second for the purpose of discussion. No discussion. I just want to focus on that I think that we need to address the buffer use, the design review, and possibly, some landscaping to that project to make sure that it enhances the surrounding properties. I know that -- Ines Marrero: If I may, Commissioner. First of all, good afternoon, Mr. Chairman, members of the board. For the record, my name is Ines Marrero, attorney, with offices at 701 Brickell Avenue. I am here on behalf of the applicants, and Commissioner Regalado has just done my entire presentation beautifully, and I won't take very much of your time to address it. This -- the companion zoning request requested an SD-23, so whatever gets built there will have to undergo design review and a Class II. The covenant that will be proffered to the Commission on second reading will have a very specific restriction that there will be no access whatsoever onto 22nd Terrace. In order to accomplish that, as Commissioner Regalado indicated, we will have to, essentially, demolish the building that's right on Coral Way and redesign it in such a way so that all access, vehicular, pedestrian, everything comes off Coral Way, but yes, we will be definitely addressing buffers as the wall -- whatever treatment we have to give along the terrace meets with 22nd Terrace for aesthetic purposes and for buffering purposes from the parking area that will, in all likelihood, be in the back. Chairman Sanchez: All right. There is a motion and a second. All in favor, say "aye." Commissioner Regalado: It's an ordinance. Priscilla A. Thompson (City Clerk): It's an ordinance. Jorge L. Fernandez (City Attorney): No. Commissioner Winton: Oh. Chairman Sanchez: Oh, it's an ordinance? 1 apologize. Yes, it is. It's an ordinance on first reading. Mr. City Attorney, read the ordinance into the record. Mr. Fernandez: And there is no public input. Chairman Sanchez: Oh, I apologize. There is public input. Is there anyone here to address this item, being it's an ordinance and I thought it was a resolution? All right. It's an ordinance requiring 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 I do apologize. It is an ordinance on first reading. Therefore -- no further discussion. Mr. City Attorney, read the ordinance -- Mr. Fernandez: Yes. Chairman Sanchez: -- into the record. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. 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. City of Miami Page 107 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 PZ.11 04-01178a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2 " TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-23" CORAL WAY SPECIAL OVERLAY DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3155 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN " EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01178a Fact Sheet.PDF 04-01178a Analysis.PDF 04-01178a Zoning Map.pdf 04-01178 & 04-01178a Aerial Map.pdf 04-01178a ZB Reso.PDF 04-01178a Application & Supp Docs.PDF 04-01178a Legislation.PDF 04-01178 & 04-01178a Exhibit A.PDF REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District to Change the Zoning Atlas LOCATION: Approximately 3155 SW 22nd Terrace APPLICANT(S): Edwin J. and Elizabeth Caron, Owners APPLICANT(S) AGENT: Ines Marrero-Priegues, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on November 8, 2004 by a vote of 5-0. See companion File ID 04-01178. PURPOSE: This will change the above property to C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District. Motion by Commissioner Regalado, 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.11, it's an ordinance also on first reading. It's a companion item. Is there a motion? Commissioner Regalado: Move it. Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion and a second. Before we open it for discussion, it's an ordinance on first reading, requiring public input. Anyone from the public wishing to address City of Miami Page 108 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 this Commission, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. No further discussion on the item. 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: All right. 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.12 04-01438 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 244 AND 252 SOUTHWEST 6TH STREET, 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. 04-01438 Analysis.PDF 04-01438 Land Use Map.pdf 04-01438 Aerial Map.pdf 04-01438 PAB Reso.PDF 04-01438 Application & Supporting Docs.PDF 04-01438 Legislation.PDF 04-01438 Exhibit A.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 244 and 252 SW 6th Street APPLICANT(S): Neo Holdings, Inc.; Legacy Asset Holders, Inc.; Tavmar Investments, LC; Mahlberg Investment Holdings, Inc. and Ibiza Properties, Owners APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 1, 2004 by a vote of 5-2. See companion File ID 04-01438a. PURPOSE: This will change the above properties to Restricted Commercial City of Miami Page 109 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 CONTINUED A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to continue item PZ 12 to the Commission Meeting currently scheduled for April 28, 2005. Chairman Sanchez: PZ 12 is an ordinance on first reading. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.12 and 13 are companion items for change of land use and zoning from industrial to restricted commercial. This is for the property at approximately 244 and 252 Southwest 6th Street. The Planning Department has recommended denial; the Planning Advisory Board recommended approval, and the Zoning Board recommended approval. The primary concern here in the Department's recommendation of denial is that the companion zoning change is to SD-7, and while there's already been one SD -7 approved in this West Brickell area, we believe that the SD-7's FAR (floor area ratio) is just very high and it's starting to spill over into this district, and this is something that really should be looked at and addressed in a different way, either through Miami 21 or through the downtown -- the DDA's (Downtown Development Authority's) master plan, and -- Commissioner Winton: And didn't we deny another similar request in the area? Ms. Slazyk: No, it was approved. You approved it. Chairman Sanchez: What is the -- Ms. Slazyk: We recommended denial -- the thing is, it's premature. 1 understand they can't wait until these other plans are done and that's why they're requesting it and moving forward. Commissioner Winton: Well, they can wait. They just don't want to wait. Ms. Slazyk: But it's a very high FAR, and that's our concern. Commissioner Winton: Yeah. Ms. Slazyk: So -- Commissioner Winton: Mine, too. Chairman Sanchez: I have -- well, go ahead, Madam Applicant. Go ahead. Adrienne Pardo: Hello. My name is Adrienne Pardo, with law offices at 1221 Brickell Avenue. I'm here today on behalf of Tavmar Investments. Our request before you is for a rezoning and Comprehensive Plan amendment from industrial in C-1 restricted commercial to SD-7. If 1 could point out to you, at the current time, within the industrial and the C-1 districts, there is no requirement for any Class I1 approval or any Major Use Special Permit approval, if they were to build within the district regulations. The amendment to SD-7 will provide review by the City administration in that a Class II is automatically required, so whatever project they want to do on this site will require staff approval, where right now, you don't have any requirement for staff approval. They could come in and build whatever they wanted, assuming it was less than 200 units. Anything over 200 would use -- would require a Major Use Special Permit, but with the SD-7 District, it will give the City review over the proposed project. This is the project. It's outlined in black. Directly across the street, just so you're aware, was rezoned by this Commission to SD-7, approximately two months ago. Then this whole neighborhood -- Commissioner Winton: (INAUDIBLE) have never done that. City of Miami Page 110 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Ms. Pardo: This whole neighborhood is changing, though, in that it -- you want me to wait? Chairman Sanchez: That's an industrial restricted commercial area. Ms. Pardo: Currently, the two lots that are on Southwest 6th Street are zoned industrial -- Chairman Sanchez: Right. Ms. Pardo: And behind it, the lots on Southwest 7th Street are designated C-1 restricted commercial. What the SD-7 district will allow them to do is to have a residential mixed use project. This entire neighborhood has changed. You have a lot -- Commissioner Winton: We haven't decided how it's changing, yet. Ms. Pardo: Well, you have in the sense that -- Commissioner Winton: No, we haven't. Ms. Pardo: -- approximately four years ago -- Commissioner Winton: No, we haven't. Ms. Pardo: 1 believe this is the Latitude over here -- approximately four years ago, this was rezoned to SD-7. You also have within the neighborhood, you have a lot of businesses that have been developed. You have a Publix on the corner over here. There's a park over here. All along 7th Street, you've got different types of retail that is geared towards residential, and it's really not an industrial district anymore. With the SD-7, you will have more control in that, like 1 said earlier, they're required to have a Class II permit, so any design of any building will have to go through the Planning Department. If they build more than 200 units, they would have to go through the City's Major Use Special Permit process. Commissioner Winton: Could -- if we -- if -- the concern is density because we don't know what we really want there. We shouldn't, you know -- and the area on the east side of -- Ms. Slazyk: 2nd Avenue, yeah. Commissioner Winton: -- 2nd Avenue? Ms. Slazyk: Yes. Commissioner Winton: -- is different than the area on the west side -- Ms. Slazyk: Correct. Commissioner Winton: -- and there's a natural boundary there, which is the bridge in how it comes up, and we made an exception. That was probably a mistake, but I do have a question about this, because there's some positive points to current zoning in how we don't have the same kind of control. Ms. Slazyk: Right. The only -- yeah, the positive is that SD-7 means that no matter what they build, they will get a Class II, and there will be rights for conditions and design review. Commissioner Winton: Well, here's my question relative to density. If we give them the SD-7, can we allow the SD-7 with new conditions relative to density? City of Miami Page I11 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Ms. Slazyk: I don't think so. SD-7, it is what it is. You know, what -- Commissioner Winton: Because it's really about height. Ms. Slazyk: Height and FAR. If you -- Commissioner Winton: Well, yeah. Ms. Slazyk: You know, if you kind of look at all the projects developed in downtown, the majority, the vast majority of the projects in SD-7 have not had to seek bonuses because SD-7 actually has higher FAR than SD-5. SD-5 is Brickell Avenue, so Brickell Village, which is west of Brickell Avenue, actually has a higher FAR. There were a bunch of bonuses that were built into SD-7 to try to encourage residential, and SD-7 is a very high FAR. I know that with Miami 21 in the DDA's efforts to update their downtown master plan, which the original downtown master plan included this West Brickell area, we are going to be having some plans in the near future that are going to give us some guidance into what the zoning should be in West Brickell, and the concern is that SD-7 might be a little high, and we don't really know yet. It's a -- the unknown is what's premature. I agree with the applicant in that the neighborhood is definitely changing. The -- Commissioner Winton: We all agree with that. Ms. Slazyk: -- coming of the Publix and the coming of some other new development, it is changing and -- Commissioner Winton: It's not going to be industrial. Ms. Slazyk: No, and 1 think the -- you know, the request to the restricted commercial and the land use is probably all right, except that the companion amendment for SD-7 is of concern. Chairman Sanchez: It's what? Ms. Slazyk: It's of concern. Chairman Sanchez: Oh, oh. Ms. Slazyk: And so, you know, the lower boards had recommended approval, and you know, the Commissioner Winton: Yeah, but 1-- Ms. Slazyk: -- Class II has some rights in there, but it doesn't have -- we don't have a right in the Class II necessarily to say, yes, you can have SD-7, but no, you're automatically limited to a lower FAR or a lower density. Commissioner Winton: Well, I think that --1 think we -- you know, it would be one thing if we thought the horse was out of the barn and we had no plan in place, no thoughts in place to create our own vision of what we want that area to look like. The fact of the matter is we do. We've got both the DDA downtown master plan moving forward, and the City's own Miami 21 moving forward that can answer those questions in the not -too -distant future, so I think my inclination is to move that we accept staff recommendation of denial of this request. Chairman Sanchez: All right. There's a motion -- Vice Chairman Gonzalez.: All right. 1 second the motion. City of Miami Page 112 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Chairman Sanchez: -- for denial. Ms. Pardo: Could I -- Chairman Sanchez: There's a second for the purpose of discussion. No discussion. All in favor, say "aye." Ms. Pardo: Could I make a request? Vice Chairman Gonzalez: Aye. Chairman Sanchez: After the vote because the vote's going to make no difference here. Commissioner Winton: Aye. Ms. Pardo: Well, I would just request that I have the opportunity to continue this; to check with my client and see if there's a way that they would agree to a limit on density, if that's the concern of the Commission. With regards to this proposed new ordinance, I think it's going to be unfortunately -- the public hasn't even seen it, so it may be years before this new ordinance comes out. Commissioner Winton: Well, probably a year, but I don't think years. Ms. Pardo: On -- Commissioner Winton: So did we -- Ms. Pardo: So if I could request that? Commissioner Winton: -- did we -- Chairman Sanchez: All right. Commissioner Winton: -- vote yet? Chairman Sanchez: We'll take that -- Vice Chairman Gonzalez: Yes. Chairman Sanchez: -- into advisement. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition -- Commissioner Winton: Well, wait. Chairman Sanchez: -- having the same right -- Commissioner Winton: But if we vote now -- Jorge L. Fernandez (City Attorney): Then -- Commissioner Winton: -- then we -- City of Miami Page 113 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Ms. Pardo: Then it's dead. Commissioner Winton: -- lose the opportunity to continue? Mr. Fernandez: Then -- Ms. Pardo: Yes. Mr. Fernandez: That's right. You cannot -- Ms. Slazyk: Have to -- Mr. Fernandez: -- continue. They have to wait a year before -- Chairman Sanchez: All right. Make a -- reconsider it. Mr. Fernandez: -- they come back to this cycle. Commissioner Winton: So I would withdraw my motion -- Chairman Sanchez: OK. Commissioner Winton: -- because I -- because then we -- everybody wins, and that's a good thing. Chairman Sanchez: OK. Commissioner Winton: So I would withdraw my motion and would like to make a new motion. Chairman Sanchez: The motion has been withdrawn, and 1 think the appropriate motion would be to -- Commissioner Winton: Continue this item for -- Ms. Slazyk: 30 or 60? Commissioner Winton: -- 60. Chairman Sanchez: There is a motion -- Ms. Pardo: 30 days. Chairman Sanchez: -- to continue the item for 60 days. Commissioner Winton: No, no, I don't want to be battling again in just 30 days. I mean, you guys, you need the time -- Chairman Sanchez: 60 days. Commissioner Winton: -- to get this squared away. Chairman Sanchez: Is there a second? Mr. Fernandez: Well -- City of Miami Page 114 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Vice Chairman Gonzalez: Second. Mr. Fernandez: -- we -- Vice Chairman Gonzalez: Second. Chairman Sanchez: Second. Mr. Fernandez: Mr. Chairman, we need a date certain, unless -- Commissioner Winton: OK. Mr. Fernandez: -- it requires more advertising and everything else. Commissioner Winton: Yeah, OK. Give the date certain -- Ms. Slazyk: April the -- Commissioner Winton: -- 60 days from now. Ms. Slazyk: What's the April PZ (Planning & Zoning) meeting date? Priscilla A. Thompson (City Clerk): April 23. I'm sorry, April 28. Ms. Slazyk: April 28. Chairman Sanchez: All right. The item -- Mr. Fernandez: At 2:30 or soon thereafter, as possible. Commissioner Winton: We don't have to give a time certain. Mr. Fernandez: Oh, no, that's right, because it's the entire day's agenda. You're right. Chairman Sanchez: Exactly. Commissioner Winton: Yeah, yeah, yeah. Chairman Sanchez: And it's advertised after 10 a.m., so -- Commissioner Winton: Right. Chairman Sanchez: -- scratch that, Madam Clerk. Commissioner Winton: OK. Vice Chairman Gonzalez: All right. Chairman Sanchez: All right. There's a motion -- Ms. Pardo: Thank you. Chairman Sanchez: -- to continue the item for 60 days. There's a second for the purpose of discussion. Hearing no discussion on the item, all in favor, say "aye." City of Miami Page 115 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, say "nay." Motion carries. Thank you. Ms. Pardo: That was for PZ.12 and 13. Commissioner Winton: Yes. Chairman Sanchez: Yes. Ms. Pardo: Thank you. Commissioner Winton: That was my motion. Chairman Sanchez: OK. Commissioner Winton: You didn't hear that? PZ.13 04-01438a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 36 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "I" INDUSTRIAL AND "C-1" RESTRICTED COMMERCIAL TO "SD-7" CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 244 AND 252 SOUTHWEST 6TH STREET; 219, 233, 243, 253 AND 257-259 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN " EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01438a Zoning Map.pdf 04-01438a Analysis.PDF 04-01438a Aerial Map.pdf 04-01438a ZB Reso.PDF 04-01438a Application & Supporting Docs.PDF 04-01438a Legislation.PDF 04-01438a Exhibit A.PDF REQUEST: To Amend Ordinance No. 11000, from I Industrial and C-1 Restricted Commercial to SD-7 Central Brickell Rapid Transit Commercial -Residential District to Change the Zoning Atlas LOCATION: Approximately 244 and 252 SW 6th Street; 219, 233, 243, 253 and 257-259 SW 7th Street APPLICANT(S): Neo Holdings, Inc.; Legacy Asset Holders, Inc.; Tavmar Investments, LC; Mahlberg Investment Holdings, Inc. and Ibiza Properties, Owners APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire City of Miami Page 116 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on January 10, 2005 by a vote of 7-2. See companion File ID 04-01438. PURPOSE: This will change the above properties to SD-7 Central Brickell Rapid Transit Commercial -Residential District. CONTINUED A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to continue item PZ.13 to the Commission Meeting currently scheduled for April 28, 2005. Note for the Record: The minutes for Item PZ 13 can be located under Item PZ.12. PZ.14 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 ESTABLISHING ARTICLE 8, BY CREATING A NEW SECTION 803, NCD-3 COCONUT GROVE NEIGHBORHOOD 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 04-01441-Submittal-1. pdf REQUEST: To Create the NCD-3 Coconut Grove Neighborhood Conservation Overlay District 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 04-01441a. 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. City of Miami Page 117 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, directing the City Manager to begin the process to modify the NCD-3 Coconut Grove Neighborhood Conservation Overlay District by limiting square footage of large retailers within its C-1 areas to no more than 70,000 square feet and further to limit square footage of retailers within its SD-2 and SD-13 areas (downtown Coconut Grove and 27th Avenue to no more than 20,000 square feet; further directing the Manager to refer this to the appropriate boards and complete the process with due haste. Chairman Sanchez: We'll go ahead and take the first item, which is PZ.14, and then we'll start with PZ8 and work our way down. Tucker, I believe you represent PZ.14? Commissioner Allen: Mr. Tucker, go ahead. Lourdes Slazyk (Assistant Director, Planning & Zoning): Real quick, for the record, there is -- PZ 14 is the NCD-3 for Coconut Grove, the Neighborhood Conservation District. This was at the City Commission previously on first reading. We're back here today for first reading again. There was a technical deficiency in the notice, so we're back for another first reading. I did want to read one simple amendment into the record under Section 803.3, lots and buildings sites. We had put a provision in here that said that if you have more than one lot or parcel and it makes up a building site where you have the home, the swimming pool, whatever, and it's one building site for a home, that those should not be diminished. The intention of that was that where properties have one home on two lots -- and that's the character of the neighborhood -- for there not to be demolition of those homes to put two homes back in its place. It was not an intention of that that the big 20,000 square foot lots that have accessory uses, like pools and tennis courts, you know, in the estates in South Grove that those be unable to divide those parcels, so the amendment 1 wanted to add to this section was an exception that says, "Accepted platted lots that are at least 20,000 square foot and are improved with only lawful accessory buildings or structures will be considered as separate buildings sites from the lot or lots containing the principal residence upon the removal of the accessory buildings or structures, so long as the lot or lots containing the existing single-family residence conform with the minimum lot size requirement of the underlying district, including special district requirements, if applicable." This will allow somebody who's got two or three of these estate lots together to divide them back up, as long as they don't go below that minimum lot size, so with that amendment, we recommend approval on first reading of this NCD-3. Chairman Sanchez: All right. Tucker. Tucker Gibbs: Yes. My name is Tucker Gibbs. I'm an attorney. Offices at 215 Grand Avenue, and I'm here representing the One Grove Alliance, a group of citizens in the area of Coconut Grove, and their issue is big box development within Coconut Grove. We have made a proposal that we would like to present today to be added to this ordinance, and this proposal would be to essentially limit square footage for large retailers within the NCD-3 district, and what we want to do is limit within C-1, the C-1 areas, the NCD-3 retail uses to 70,000 square feet. Within SD- 2 and SD-13, which is downtown Coconut Grove and 27th Avenue, we'd like to have it reduced to 20,000 square feet, and that is our proposal. I have copies here for you, if I can hand them out. Chairman Sanchez: Could you give one to the City Clerk, and then -- and are you OK with the amendment that was presented on this ordinance on first reading? Ms. Slazyk: Let me just -- you want to finish and then -- City of Miami Page 118 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Mr. Gibbs: No, I was finished. I was just -- Ms. Slazyk: OK. Just for the record, this -- since this amendment is a more restrictive limitation on what was advertised and proposed and before you, this amendment would have to go back to the Planning Advisory Board. 1 don't think it can be done on the floor. You could either send the whole item back to PAB (Planning Advisory Board) to add this language or have a separate amendment running for this language, but you can't do this without going back to PAB. Chairman Sanchez: Mr. City Attorney. Jorge L. Fernandez (City Attorney): That is correct. Commissioner Regalado: Go ahead. Chairman Sanchez: It's a significant change to the ordinance -- Mr. Fernandez.: Yes, it is. Chairman Sanchez: -- therefore, it goes back to first reading. Mr. Fernandez: And there has not been -- Chairman Sanchez: Well, PA -- Mr. Fernandez.: -- the analysis either on the part of staff or, for that matter, the deliberation by the Planning Board to really look at all of the issues and all the -- Mr. Gibbs: We have no problem. Mr. Fernandez: -- complications of that. Chairman Sanchez: All right, it's understood. Commissioner Winton. Commissioner Regalado: One question. Chairman Sanchez: And then Commissioner Regalado. Commissioner Winton: Go ahead, Commissioner Regalado. Commissioner Regalado: Just -- how big is the former Kmart store? Commissioner Winton: 70,000. Mr. Gibbs: 70,000 square feet. Commissioner Winton: That's how they came to that number. Commissioner Regalado: Oh, OK, and how long would that process take, coming back to the planning -- Mr. Gibbs: Well, our goal would be to ask that you all direct that it be put on the next available PAB agenda; come back to you all for first reading, and then come back second reading immediately after, so it would come hopeful -- let's see, Lourdes. Commissioner Winton: And could -- that could become -- here's what I want --1'm nervous City of Miami Page 119 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 about slowing up the NCD because we have a lot of other problems, so if we -- that need to be addressed -- so if we move forward with the NCD and we can direct that this would be a modification to the NCD -- Mr. Fernandez: Correct. Commissioner Winton: -- but it would go through -- Ms. Slazyk: Right. Commissioner Winton: -- the process -- Ms. Slazyk: Which is what -- Commissioner Winton: -- and then we would modem -- Mr. Fernandez: Correct. Commissioner Winton: -- the NCD -- Mr. Fernandez: Correct. Commissioner Winton: -- once it -- Mr. Fernandez: Correct. Commissioner Winton: -- went through the process -- Ms. Slazyk: Right. Commissioner Winton: -- and become a part of -- Ms. Slazyk: That was what I was saying. Mr. Gibbs: Right. Commissioner Winton: OK. Mr. Fernandez: Right. Ms. Slazyk: You could do one of two things, either send this whole thing back -- Commissioner Winton: No, I don't want to send the whole thing back. Ms. Slazyk: -- or you could proceed with this -- Mr. Gibbs: Yeah. Ms. Slazyk: -- and direct the Department to prepare that -- Commissioner Winton: Great. Ms. Slazyk: -- amendment and bring it back as a separate item. Commissioner Winton: OK, got it. City of Miami Page 120 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Mr. Gibbs: And we have no problem with that, as long as the process -- as Commissioner Regalado talked about. If we get to the next PAB meeting, then it goes -- Commissioner Winton: Right. Mr. Gibbs: -- to the next City Commission, then next City Commission -- Commissioner Winton: Yeah. Mr. Gibbs: -- so it isn't dragged -- Commissioner Winton: No roadblock. Mr. Gibbs: -- through the process. Chairman Sanchez: Right, but just for point of clarification, it'll stay on first reading. Mr. Gibbs: No, no. This is going -- Commissioner Winton: No. Mr. Gibbs: -- to go back as an -- Mr. Fernandez: No, no. Commissioner Winton: This is going to be -- what we're going to do -- well, yeah. Commissioner Regalado: No, no. He said -- Commissioner Winton: You want me to make a motion? Commissioner Regalado: What he said make sense. To do this now, to do the other -- Commissioner Winton: Yeah. Commissioner Regalado: -- the 70,000 -- Mr. Fernandez: As an amendment to this. Mr. Gibbs: The amendment. Commissioner Winton: I'll make a motion. My motion is to accept the staff recommendation with the first amendment on lots and building sites -- Ms. Slazyk: Perfect. Commissioner Winton: -- to accept -- to move staff recommendation with this modification of 803.3.3, and then I guess I will make that motion singularly, and then come back to make a second motion to move this forward, Mr. City Attorney? Mr. Fernandez.: Correct. Well, I think you should first pass on this, and then the second motion Commissioner Winton: Got it. City of Miami Page 121 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Mr. Fernandez: -- should be that one you just made. Commissioner Winton: So I've made my motion. Chairman Sanchez: Exactly, and it's still an ordinance on first reading. Mr. Fernandez: Correct. Commissioner Winton: Right now -- Chairman Sanchez: OK. There's a -- Commissioner Winton: -- but it'll go immediately now to second reading. Chairman Sanchez: That's what I -- Commissioner Regalado: Second. Chairman Sanchez: -- need to clarify. OK. There's a motion -- Commissioner Regalado: Second. Chairman Sanchez: -- and a second, with the amendment presented on first reading. The motion is made by Commissioner Winton, second by Commissioner Regalado. It is an ordinance . It require a public hearing. Anyone from the public wishing to address this issue, 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 on first reading, with the amendments, 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. Chairman Sanchez: Is there any -- Commissioner Winton: And I would like to make a -- Chairman Sanchez: -- additional legislation? Commissioner Winton: I'm sorry? Chairman Sanchez: Is there additional -- Commissioner Allen: Additional -- Commissioner Winton: Yes. Commissioner Allen: Right. City of Miami Page 122 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Commissioner Winton: The second motion would be to start a process to modem the NCD-3 by moving the recommendation that Tucker Gibbs has brought forward -- Commissioner Allen: Which is 803.612. Commissioner Winton: Yeah. I don't have my glasses on, so 1 can't read that. Mr. Gibbs: 60 -- yes, that's -- Commissioner Allen: Right. Ms. Slazyk: Yeah, we'll -- Commissioner Allen: 803.6 -- Ms. Slazyk: Yeah, we'll worry about the number. Commissioner Winton: Read the number for me, would you, Tucker? Mr. Gibbs: Right. Commissioner Winton: Yeah Commissioner Allen: The affect. Commissioner Winton.: And it is designed for the 70,000 limit -- Commissioner Allen: Right. Commissioner Winton: -- square foot limit in the area where he put it on the record, and the 20, 000 in the CBD (Commercial Business District) of Coral Ga -- of Coconut Grove, and -- Mr. Gibbs: 20 -- Commissioner Winton: -- direct staff to move this to the appropriate boards, and move the process forward with all due haste, no dragging. That's my motion. Chairman Sanchez: All right. There's a motion. Would you like to add a date certain on that, which was discussed? Commissioner Winton: Well, I think that they're going to move to get it to the -- Ms. Slazyk: The next possible PAB. Commissioner Winton: Yes. Ms. Slazyk: Have to look at when the ad deadlines are. Commissioner Winton: Which is a part of my motion, to move it -- Ms. Slazyk: Yeah. 1 think today's the deadline. Commissioner Winton: -- to the next possible PAB. City of Miami Page 123 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Chairman Sanchez: OK. Commissioner Regalado: Yeah. Chairman Sanchez: That's good enough. Mr. Gibbs: 2 o'clock. Ms. Slazyk: Next one. Commissioner Regalado: Make a motion -- Chairman Sanchez: All right. There's a motion by Commissioner Winton. Commissioner Regalado: Include in the motion -- Chairman Sanchez: Is there a second? Commissioner Regalado: Include in the motion -- Chairman Sanchez: Need a second for the purpose of discussion. Commissioner Regalado, you second it? Commissioner Regalado: Yeah, I second it. Chairman Sanchez: Second. Commissioner Regalado: Include in the motion, "Remember what happened on 27th Avenue." Mr. Gibbs: Yeah. We're going to be in constant communication. Ms. Slazyk: Oh, oh, I remember. Chairman Sanchez: All right, there is a motion and a second. Commissioner Regalado: (UNINTELLIGIBLE) made a mistake. Commissioner Winton: Oh. Chairman Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Mr. Gibbs: Thank you all very much. Chairman Sanchez: Thank you so much. PZ.15 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 City of Miami Page 124 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 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 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 15 was the companion atlas amendment. Chairman Sanchez: OK. Do we need to take any action on that? Jorge Fernandez (City Attorney): Yes. Ms. Slazyk: Yeah, we need to vote. Chairman Sanchez: All right. Commissioner Winton: So moved. Chairman Sanchez: Is there a motion on that? City of Miami Page 125 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Commissioner Winton: So moved. Chairman Sanchez: There's a motion -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- by Commissioner Winton. There's a motion -- there's a second by Vice Chairman Gonzalez. It is also an ordinance on first reading. 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, coming back to the Commission for further discussion. Hearing no discussion from the Commission, Mr. City Attorney, read the ordinance on first reading into the record. The ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. Roll call. Chairman Sanchez: Roll call. Commissioner Allen: Yes. 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.16 04-01442 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, 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 City of Miami Page 126 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 and create the Historic Lemon City/Little Haiti Village Special Overlay 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 12660 Chairman Sanchez: And correct me if I'm wrong, we should be at PZ (Planning & Zoning) -- Jorge L. Fernandez (City Attorney): 16. Priscilla A. Thompson (City Clerk): 16. Chairman Sanchez: -- 16? Ms. Thompson: Correct. Commissioner Winton: Which one, 16? Lourdes Slazyk (Assistant Director, Planning & Zoning): 16. Chairman Sanchez: I thought we did 16. Ms. Slazyk: No, we did 14 and 15. Chairman Sanchez: All right. Ms. Slazyk: 16 -- Chairman Sanchez: PZ 16, next item on the agenda. Ms. Slazyk: Right, 16 and 17 are companion items. This is creating the new SD-29 historic Lemon City/Little Haiti Village Special Overlay District. This will require the -- put some limitations on uses, require Class II Special Permits for exterior work. It's already been approved on first reading. We recommend approval on second reading. Chairman Sanchez: All right. Anyone from the public wishing to address this item? Yes, Mrs. Wong, always a pleasure to see you. Silvia Wong: Thank you very much. Chairman Sanchez: You're recognized. Ms. Wong: Yes. My name is Silvia Wong. We have a business at 400 Northeast 67th Street. Good afternoon, Mr. Chairman, Commissioners and Mr. City Administrator -- Chief Administrator. So you all know me by now. I'm Silvia Wong, and my husband, Manny and I have a business and property at Northeast 67th Street and Northeast 4th Avenue in the Lemon City/Little Haiti area. I am here on behalf of other property and business owners who are also interested in revitalizing this area, so I'm not going to be controversial. I want you to know that we are in favor of the goals for the SD-29 Special Overlay District for Northeast 2nd Avenue, which are to enhance the history of Lemon City and the culture of Little Haiti as a desirable place to live, work and play. We are also in favor that the SD-29 zoning for Northeast 2nd Avenue brings retail, office and residential uses, with the emphasis being on pedestrian friendly uses. As a point of comparison, 1 want to briefly describe how amazing I find the revitalization of parts of Manhattan in New York City. Much like Miami's Northeast 2nd Avenue, Manhattan's City of Miami Page 127 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 First, Second and Third Avenues run north and south, from the lower eastside, to the upper eastside. The revitalization of the lower eastside neighborhoods in Manhattan is incredible along these avenues, and these avenues are covered with pedestrian friendly businesses with apartments upstairs. The retail establishments have many colorful awnings and large windows, and they are very inviting to pedestrians. Now, 1 want to mention that, in comparison, Miami's 2 nd Avenue, especially in the Lemon City/Little Haiti area, should have more pedestrians day and night. We believe that we need some tall apartment buildings so that tenants and residents can monitor the criminals in this area. Unfortunately, we are currently experiencing an increase in drug dealing, prostitution and other crimes in the area, especially east of Northeast 2nd Avenue, going into the FEC (Florida East Coast) Corridor, which is where the railroad tracks are, and I believe that, Mr. Chairman, as well as Commissioner Allen, and Mr. Chief Administrator, you are all already aware of this increase in crime, so my main purpose here is to tell you that many of us property and business owners are in favor of the revitalization of Northeast 2nd Avenue and all of the Lemon City/Little Haiti area, so in summary, we do hope that Northeast 2nd Avenue and this whole area is positively transformed with time and proper planning, and crime, of course, being decreased with everyone's help here, so thank you for this opportunity to speak on the subject of making our area better. Chairman Sanchez: And you are in support of this ordinance, correct? Ms. Wong: Yes, we are. Chairman Sanchez: OK. All right. All right. Anyone else? Thank you so much. Ms. Wong: Thank you. Chairman Sanchez: The public hearing is closed at this time, coming back to the Commission. I believe there's a motion. There's been a motion made? OK. Commissioner Winton: So move. Chairman Sanchez: We need a motion. Motion by Commissioner Winton. Second. We need a second. Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Allen for the purpose of discussion. Hearing no discussion, it's an ordinance on first reading. Mr. City Attorney, could you read the ordinance into the record? The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. PZ.17 04-01442a ORDINANCE Second 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 City of Miami Page 128 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 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. 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 71st 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 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 12661 Chairman Sanchez: PZ.17 is also an ordinance on second reading. Lourdes Slazyk (Assistant Director, Planning & Zoning): This is the companion atlas amendment. We recommend -- Chairman Sanchez: All right. Ms. Slazyk: -- approval. City of Miami Page 129 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Chairman Sanchez: Is there a motion? Commissioner Winton: So move. Chairman Sanchez: Motion by Commissioner Winton, second by Commissioner Allen. Commissioner Allen: Yes, second. Chairman Sanchez: OK. Open for a discussion. Before we open it for a discussion, anyone from the public wishing to address 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, could you read it into the record? 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.18 04-00854 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 1262 SOUTHWEST 21ST TERRACE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00854 Analysis.PDF 04-00854 Land Use Map.pdf 04-00854 Aerial Map.pdf 04-00854 PAB Reso.PDF 04-00854 Application & Supporting Docs.PDF 04-00854 Legislation.PDF 04-00854 Exhibit A.PDF REQUEST: To Amend Ordinance No. 10544, from "Single Family Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1262 SW 21 st Terrace APPLICANT(S): Ive Group One, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire City of Miami Page 130 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on July 7, 2004 by a vote of 5-2. See companion File ID 04-00854a. PURPOSE: This will change the above property to Restricted Commercial. CONTINUED A motion was made by Chairman Sanchez, seconded by Commissioner Winton, and was passed unanimously, to continue item PZ.18 to the Commission Meeting currently scheduled for April 28, 2005; further requesting that the applicant continue to work with the City Administration to appropriately modem proposed use of property and further for applicant to meet and attempt to compromise with area residents. Chairman Sanchez: All right. PZ.18, it's a land use change. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 18 and 19 are also companion land use and zoning change. This is for the property located at approximately 1262 Southwest 21st Terrace. The Planning Department is recommending denial of this application. It's also been recommended for denial by the Planning Advisory Board and the Zoning Board. The application for the land use change is from single-family residential to restricted commercial. The character of this Northwest 21 st Terrace is a low density residential, specifically single- family residential use. The change to restricted commercial is not a logical extension of the category. It brings more intense commercial uses into a low density residential street. There have been other changes in properties behind Coral Way, but not in this area. This would definitely be a precedent for this area, none for this north side of Coral Way up to 32nd Avenue. Granting this petition will constitute the start of a potential domino effect for the north side of Coral Way, contrary to the comprehensive plan for the area, which is to maintain and protect the low density residential character. Therefore, we recommend denial. I don't know if you want the zoning analysis now or -- the compan -- Chairman Sanchez: Read it into the record. Ms. Slazyk: OK. The companion zoning analysis -- this one is even worse. They're going from single-family residential, R-1, to a C-1, with an SD-19 overlay for 2.4 FAR (Floor Area Ratio). This -- there are other areas of the City, along Douglas, 37th Avenue, along Biscayne Boulevard, where SD-19, the zoning ordinance, you know, includes those streets as major corridors for application of SD-19, not here on Coral Way, up against single-family residential. The benefit that they're seeking is to go from a 0.6 FAR on these R-1 lots to 2.4, right up against a single- family neighborhood. Therefore, we recommend denial. Chairman Sanchez: All right. Mr. Ambassador -- Simon Ferro: Mr. Chair. Chairman Sanchez: -- I'm going to save you a presentation, sir. I have serious concerns reference to this project. Basically, what you're doing here is basically trying to obtain as much density as possible for the project, which most developers do that for their projects, but I understand that that loophole that exists -- Madam Director, could you come back to the mic? Ms. Slazyk: I didn't hear. Which loophole? Chairman Sanchez: There's a loophole that exists that allows them to get to this point. I think City of Miami Page 131 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 that we need to put a closure quickly to that loophole, where they maximize -- Ms. Slazyk: The SD-19? Chairman Sanchez: Yes, yes. I would feel much better if this project, right off the bat, we would have, or could see, one, the height, the unit, the design limitations of the project, which, you know, we don't see now. The other problem that I have that is in front of us with a PAB ( Planning Advisory Board) vote against of a 5/4, you stated, correct, 5/4 denial? And the PZ ( Planning and Zoning) Department also recommended against it. Based on the following reasons that are given here, based on the land use itself, that area, which is on the south -- the east and the west is all R-1 as it is right now. Your only area to the south is where it's C-1, and that's Coral Way. The way that it's designed now, and what you're asking for, will allow tremendous density on the C-1 part of it. The redesign or changing of the zoning would allow you to build what you're asking for now, and I feel that really it would not only have a negative impact to the R-1 to the north, the R-1 to the east, and the R-1 to the west, so what I'm going to recommend right now is that, basically, you do a couple of things -- and that's up to you if you want to do them or not. I mean, you could proceed with this today. I'm going to tell you that it's going to -- I'm going to vote against it, but 1 would like to ask you to do a couple of things that I think are considered the best suggestions for the developer in this case, and one is that we -- you would draw and resubmit as to the MUSP (Major Use Special Permit), because basically, as it is right now, it comes in front of us without any review, and the restrictions that are there right now benefit the developer to a large scale, if you get what you want, so what I'm asking you is -- giving you an option. One, you could either withdraw and come back with other plans as to an opportunity to have review of the project, the restrictions on the height, which is a great concern, and above all, the buffer and protection as to the surrounding R-1 areas that continue to be a big support. They've been successful in certain parts of the City, but I don't know if it's going to be successful in this area here, as to maybe town houses or a large area of green areas to have that buffer between the C-1, or the development itself and the residential, so maybe through working with you, they could come up with a better design, and I will also encourage you to continue to work with the residents to see if you could come into a compromise as to the project itself You are right now as a C-1, you could develop on the C-1s. Mr. Ferro: Yes, and if I may -- and, Commissioner, we will certainly abide by your request. If you would give me -- because this may help your request, actually. You may have something else to tell us or maybe orient us better. If you would give me three minutes to make a presentation, just to give you some highlights because this application has really evolved -- Jorge L. Fernandez (City Attorney): Name. Mr. Ferro: Simon Ferro, 1221 Brickell. This application has really evolved from the day we filed it. We are here to actually request a modification of the application, and not to give us the whole C-1 -- Chairman Sanchez: But the biggest concern that I have, Ambassador, is the intrusion into the residential portion of that neighborhood. That's my biggest concern right now on what you're basically asking for. Mr. Ferro: Right, and if -- again, if you would allow me just two minutes to tell you what we've done to reduce the -- again, we will abide by your wishes, obviously, but if you would at least give me a couple of minutes to let you know what we've done and what we propose to do because this may somehow dovetail into what you're asking us to do, and you may be able to give us a better orientation, if you would just give me -- Chairman Sanchez: You have three minutes. City of Miami Page 132 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Mr. Ferro: -- a couple of minutes. OK, thanks. The property is on Coral Way, and the -- this is Coral Way. This is obviously north. Chairman Sanchez: The yellow is C-1. Mr. Ferro: What you see in yellow is C-1 and the orange is R-1. The reason we were here is because we originally designed a building just for the R -- the C-1, but the C-1 is a pretty small piece of property. It is only 174 by 104 feet deep, and when we did a dry run with staff, they said, well, you know, we want you to do liners, you know, to hide the parking garage. Well, when you do liners to hide the parking garage, you push the building back so far that the parking itself is very infeasible. You can't -- you can hardly design the ramps because you have to push the parking back, so the reason we filed the application is so that we could actually come in with a -- with more space. Now, because we heard -- we listened to the neighbors and we've met with the neighbors numerous times; not myself but Lucia Dougherty, whose application this is and I'm here in her stead. We've met with them on a number of occasions, including at the NET (Neighborhood Enhancement Team) office, three times at the NET office, so we went out and sought the neighbors, and we've tried to mitigate as much as we can. What we finally came up with -- the idea we finally came up with is, instead of asking for the whole back portion, which is the R-1, to be zoned C-1, we're here prepared to ask you to only rezone to C-1 the south 37 feet of those R-1 lots. What that does is it gives us 37 feet more on the C-1 that allows us to do the liner because if we do that, then we can do the liner that the City wants and accommodate the ramps. Now, what we then are agreeing to do -- and we can give you a covenant, if you so wish, or however the Commission wishes, we're then -- the remaining sixty -some odd feet would then be surface parking, and a 20-foot landscaped buffer here on the north side of this property buffering the R-1 here, so the 66 -- approximately 66 feet, the north 66 feet of this property, which is R-1, would remain R-1, and would not be used for the building; would actually just have surface parking, plus 20 feet of landscaped space. Chairman Sanchez: As a buffer. Mr. Ferro: As a buffer, and we're willing not only to submit the site plan and bind ourselves to that site plan, we're willing to submit a covenant to that effect. We believe that allowing us those extra thirty-seven some odd feet so that we can add them to the C-1 that we have here, gives us the flexibility of actually doing the liners. We can't -- we've tried. Now, we can build -- we can do a building on the C-1, and -- Chairman Sanchez: As of right. Mr. Ferro: As of right, and we can do a Class II permit, and we know that we're going to be asked to do a liner, OK, and we can't do the liner. All right. It's almost impossible to do the liner and have the parking, you know, on the building, so the only reason that we're here is to ask for some flexibility of design so that we can actually do a building with a liner, which is what everybody wants on Coral Way, and allow the greatest amount of buffer and R-1 zoning to the back so that, in fact, it doesn't create a precedent. We're willing to have R-1 to the rear, so I just wanted to tell you that -- Chairman Sanchez: And 1 understand. Mr. Ferro: -- so that -- because it may have an impact on what you're suggesting. Chairman Sanchez: Look, and this has always been the concern that I've had in this process, you know, and 1 always refer to this methodology. Bring me a baked cake. 1 want to see the final project. Don't come with a half-baked cake and you're able to sit here and make recommendations and change things around 1 want to make sure that, based on what you're asking for, and basically, the recommendations of our City staff, and they're the experts on the City of Miami Page 133 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 issue. Basically, what it is now is you're maximizing for a large-scale development in that area. You're maximizing as much as you can to build. That's the concern of the residents. That's the concerns of the people that are not only abutting you on the south side -- I mean, on the north side, but also on the east side and the west side. What I like to do now is, for the sake of time, is - - and I'll give you the option. You could proceed with it, and I'm telling you that I'm going to vote against it, or I could defer the item. You could work with the administration. Mr. Ferro: We'll be happy to. Chairman Sanchez: Maybe continue to work with the residents to find a solution to this because, you know what? At the end of the day, I think that there is a solution to a lot of the projects, and it's worked here before -- Mr. Ferro: We believe so. Chairman Sanchez: -- but it's that compromise, it must be worked out for the sake of the neighbors, not the person developing the project. Mr. Ferro: Well, we would be happy to -- Chairman Sanchez: And the area itself -- Mr. Ferro: -- take you on your offer. Chairman Sanchez: -- I know that there'll be changes in the area. You look at it and you know there's going to be changes, but how -- what I'm asking you to do here is to work with the administration on the issues that are of great concern to PAB and P&Z that have shown that, basically, if we do this right now, all we're basically doing is just allowing you to maximize the scale of your project, so I'm going to defer the item and have you work with the administration, continue to work, and I'll tell you what. Do you need 60 days? You want 60 days? Right now, we passed a lot of PZ items on to the next meeting, so I want to -- I don't want to stack up on the PZ items on the agenda -- on the following PZ agenda item, so would 60 days be enough for you to work with the administration? Mr. Ferro: We think this -- we think that -- actually, we think 30 days would be enough because we have -- now, we'll take 60 days if you think that the next agenda is too full, but I think 60 days is more than enough, and I -- we do appreciate your concern. We're willing to work with staff, and for the sake of time, we really don't want to have to go back all the way through the process. We'd like to work with them, give them a site plan that they can review. Commissioner Winton: And neighbors. Commissioner Allen: OK. All right, so -- Ms. Slazyk: Yeah. Let me -- Mr. Ferro: And the neighbors. What we -- Ms. Slazyk: There may be -- Mr. Ferro: Commissioner, we've worked with -- Ms. Slazyk: -- a platting issue. Mr. Ferro: -- the neighbors from the very beginning. City of Miami Page 134 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Commissioner Allen: Right. Ms. Slazyk: So 60 days will give us time to sort out -- Commissioner Allen: If there's a plat -- Ms. Slazyk: -- if there's a way to do this because you may have to file a re plat with your rezoning and -- so 60 days will give us chance to sit down with Public Works and figure out if they can do the platting and zoning at the same time. The rear of the property is already R-1, with SD-12, so the parking that he's talking about, they could use that back for surface parking right now, but -- Chairman Sanchez: Well, Lourdes -- Ms. Slazyk: -- I'd have -- we'd have to -- Chairman Sanchez: -- the concern that I have -- Ms. Slazyk: -- check the platting. Chairman Sanchez: -- now is that we have no right to review and we have no right to any limitations as to the project itself so we're basically, in a sense -- it's basically as they say, " cutting you a blank check, " for the project itself. I don't want to use that term. Mr. Ferro: We would -- Chairman Sanchez: Scratch that for the record. Mr. Ferro: -- bind -- Chairman Sanchez: But -- Mr. Ferro: We would bind ourselves to whatever conditions you would impose, under any circumstances. Chairman Sanchez: Yeah, but you should be putting those conditions before -- those conditions should be on the table before you get here, not as we discuss, tossing them out as covenants. Mr. Ferro: We'd be happy to do that. Chairman Sanchez: So, if you would do that, I feel that -- I think I would feel better with the project -- Ms. Slazyk: 60 days. Chairman Sanchez: -- and I think the residents would feel better with the project, so -- Commissioner Allen.: Mr. Chairman, I guess -- so your motion is to defer or to withdraw? Chairman Sanchez: No, to defer the item. Commissioner Winton: To continue. Ms. Slazyk: Continue to -- City of Miami Page 135 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Commissioner Winton: To continue. Ms. Slazyk: -- April 28. Commissioner Allen: Right. Chairman Sanchez: Yes, to April 28, so move. Vice Chairman Gonzalez: All right. We have a motion -- Commissioner Winton: Second the motion. Vice Chairman Gonzalez: -- to defer to April 28 and we have a second. All in favor, say "aye. The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed? (INAUDIBLE). Chairman Sanchez: And -- Mr. Fernandez: This is -- Chairman Sanchez: And remember, it's quality, not quantity. Mr. Ferro: We understand that, and we will bring you a quality development, which will make sense for the neighborhood and for the developer. Chairman Sanchez: Thank you so much. Commissioner Allen: City Attorney. Mr. Ferro: Thank you very much. Mr. Fernandez: Yes, and this is also for -- Chairman Sanchez: PZ 19. Mr. Fernandez: -- PZ 18 and 19. Commissioner Winton: Could I make another comment about all this because -- Mr. Fernandez: Correct, Lourdes? Commissioner Winton: -- I think another point needs to be made? You said it's about quality, not quantity. I'm going to suggest that along these sensitive corridors, that the message needs to be sent to the development community it's also not about maximum density. Chairman Sanchez: Exactly. Commissioner Winton: That's the whole battle line here. That's why we continue to get this battle after battle after battle because every developer that comes in here is trying to cram five pounds of -- in a one pound sack, and it's not working, and the neighbors get it and they don't like it, and the development community needs to get the message. These sensitive corridors that are lined with R-1, stop trying to cram so much stuff on it, and then these battles are going to City of Miami Page 136 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 stop. Mr. Ferro: Commissioner, we agree with you, and just a point that I do want to make because I want to tell you, this is a -- as it is today, we believe, a very quality development. The reason we're asking for the SD-19 was not for density purposes, but for FAR, so we're in fact not maximizing the density. Assuming we would get -- you would approve the 37 feet, or whatever we're asking for, we would not be maximizing density. We were doing it for -- to improve the actual development, so -- well, I promise you, we will bring you something that you will like, and the neighborhood can live with. Chairman Sanchez: All right. Vice Chairman Gonzalez: All right. Chairman Sanchez: You have a question? Vice Chairman Gonzalez: Any question? Commissioner Allen: No. Vice Chairman Gonzalez: All right. Everybody in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed have the same right. Motion carries. Mr. Fernandez: And for the City Clerk, it's important that she records that that motion applied both to 18 and 19. Vice Chairman Gonzalez: 18 and 19, that's correct. PZ.19 04-00854a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 38, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "C-1 " RESTRICTED COMMERCIAL WITH AN "SD-23" CORAL WAY SPECIAL OVERLAY DISTRICT AND "R-1" SINGLE- FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT TO " C-1" RESTRICTED COMMERCIAL WITH AN "SD-23" CORAL WAY SPECIAL OVERLAY DISTRICT AND "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, WITH A SPECIFIC F.A.R. OF 2.4, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1249 AND 1265 SOUTHWEST 22ND STREET AND 1262 SOUTHWEST 21ST TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 137 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 04-00854a Analysis.PDF 04-00854a Zoning Map.pdf 04-00854a Aerial Map.pdf 04-00854a ZB Reso.PDF 04-00854a Application & Supporting Docs.PDF 04-00854a Legislation.PDF 04-00854a Exhibit A.PDF REQUEST: To Amend Ordinance No. 11000, from C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District and R-1 Single -Family Residential with an SD-12 Buffer Overlay District to C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District and SD-19 Designated F.A.R. Overlay District, with a Specific F.A.R. of 2.4 to Change the Zoning Atlas LOCATION: Approximately 1249 and 1265 SW 22nd Street and 1262 SW 21 st Terrace APPLICANT(S): Ive Group One, LLC, Owner/Contract Purchaser and Maria Garcia, Owner APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval, which failed, constituting a recommendation of denial to City Commission on November 22, 2004 by a vote of 4-4. See companion File ID 04-00854. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District and SD-19 Designated F.A.R. Overlay District, with a specific F.A.R. of 2.4. CONTINUED A motion was made by Chairman Sanchez, seconded by Commissioner Winton, and was passed unanimously, to continue item PZ 19 to the Commission Meeting currently scheduled for April 28, 2005; further requesting that the applicant continue to work with the City Administration to appropriately modify proposed use of property and further for applicant to meet and attempt to compromise with area residents. Note for the Record- The minutes for Item PZ.19 can be located under Item PZ 18. PZ.20 04-01439 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 7825 NORTHEAST 10TH AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER City of Miami Page 138 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01439 Fact Sheet.pdf 04-01439 Analysis.PDF 04-01439 Land Use Map.pdf 04-01439 & 04-01439a Aerial Map.pdf 04-01439 PAB Reso.PDF 04-01439 Application & Supporting Docs.PDF 04-01439 Legislation.PDF 04-01439 & 04-01439a Exhibit A.PDF REQUEST: To Amend Ordinance No. 10544, from "Single Family Residential" to "Medium Density Multifamily Residential" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 7825 NE 10th Avenue APPLICANT(S): Robyn and Roberto Orta, Owners of Orta Development Corp. FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on December 1, 2004 by a vote of 6-0. See companion File ID 04-01439a. PURPOSE: This will change the above property to Medium Density Multifamily Residential. DENIED A motion was made by Commissioner Allen seconded by Chairman Sanchez, and was passed unanimously, to deny item PZ.20. Vice Chairman Gonzalez: OK, PZ.20. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.20 and 21 are also land use and zoning change. This is for the property at 7825 Northeast 10th Avenue. The request is from single-family residential to medium density multifamily residential. The recommendation from the Planning Department is for denial. It was also recommended for denial unanimous PAB ( Planning Advisory Board) and unanimous denial from the Zoning Board. Commissioner Allen: Right. Ms. Slazyk: This is a very stable single-family neighborhood. It is -- the department -- the request would allow them go from nine units per acre to 65 residential units per acre. It's a land use pattern that is not consistent with the single-family neighborhood that it surrounds, and we would recommend denial. Vice Chairman Gonzalez: (INAUDIBLE) Applicant? Commissioner Allen: Where's the applicant? All right. I make a motion to move the -- Vice Chairman Gonzalez: Where's the applicant? City of Miami Page 139 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Commissioner Allen: I make a motion to move the item. Allyson Warren: I haven't seen him. He showed up an hour and a half late for his zoning hearing, so we have no control over him, but the neighbors in opposition are all here. Commissioner Allen: I make a motion -- Priscilla A. Thompson (City Clerk): I'm sorry. Commissioner Allen: -- that we accept -- Ms. Thompson: I'm sorry. Commissioner Allen: I'm sorry. Ms. Thompson: I'm sorry, Vice Chair. Before she leaves the podium -- Commissioner Allen: Yeah, she -- Ms. Thompson: -- could she put her name and address -- Commissioner Allen: Right. Ms. Thompson: -- on the record? Ms. Warren: Sorry, Priscilla. Vice Chairman Gonzalez: Right. OK. This is a public hearing. Ms. Warren: Allyson Warren, 650 Northeast 82nd Terrace. I'm going to talk last, but 'just wanted to let you know that at the Zoning Board hearing, he showed up better than an hour late, and -- Commissioner Allen: Right. Ms. Warren: -- you know, apparently he filed timely -- Commissioner Allen: OK. Ms. Warren: -- to come here, but -- Commissioner Allen: All right. Ms. Warren: -- the rest of it, we have no control over. Vice Chairman Gonzalez: Anybody else wants to speak on the item? Arthur Hamm: Yeah, I'd like to -- Commissioner Allen: Well, 1 make a motion that -- Mr. Hamm: My name's Arthur Hamm, and I'm at 1000 Little River Drive. Vice Chairman Gonzalez: Are you in opposition? City of Miami Page 140 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Ms. Slazyk: They're -- Commissioner Allen: Right. Ms. Slazyk: -- all in opposition. Commissioner Allen: They're all -- right. Because I made a motion that we accept the recommendation of the Planning Department -- Vice Chairman Gonzalez: Which is denial. Commissioner Allen: -- which is denial. Chairman Sanchez: Is denial. Vice Chairman Gonzalez: All right, so -- Commissioner Allen: So that will -- Vice Chairman Gonzalez. Do we have a second? Chairman Sanchez: Second. Congratulations. Vice Chairman Gonzalez: OK. We have a motion and we have a second. Ms. Warren: Thank you, gentlemen. Commissioner Allen: Thank you. Vice Chairman Gonzalez: This is an ordinance. Jorge L. Fernandez (City Attorney): Is item 20 and 21 companion items? Ms. Slazyk: Yeah. Mr. Fernandez: And then what you need to do is you need to take a vote to deny both 20 and 21. Commissioner Allen: OK. Mr. Fernandez: There needs to be an affirmative vote of denial. Commissioner Allen: All right. Vice Chairman Gonzalez: All right, but you don't need to read the ordinance, right? Mr. Fernandez.: No, I don't need to read the ordinances. Vice Chairman Gonzalez: All right, so we have a motion and we have a second on PZ.20. All in favor, say "aye." The Commission (Collectively): Aye. PZ.21 04-01439a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S City of Miami Page 141 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 ), AMENDING PAGE NO. 8, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1 " SINGLE FAMILY RESIDENTIAL TO "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 7825 NORTHEAST 10TH AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01439a Fact Sheet.pdf 04-01439a Analysis.PDF 04-01439a Zoning Map.pdf 04-01439 & 04-01439a Aerial Map.pdf 04-01439a ZB Reso.PDF 04-01439a Application & Supporting Docs.PDF 04-01439a Legislation.PDF 04-01439 & 04-01439a Exhibit A.PDF REQUEST: To Amend Ordinance No. 11000, from R-1 Single -Family Residential to R-3 Multifamily Medium -Density Residential to Change the Zoning Atlas LOCATION: Approximately 7825 NE 10th Avenue APPLICANT(S): Robyn and Roberto Orta, Owners of Orta Development Corp. FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on January 10, 2005 by a vote of 9-0. See companion File ID 04-01439. PURPOSE: This will change the above property to R-3 Multifamily Medium - Density Residential. DENIED A motion was made by Commissioner Allen, seconded by Chairman Sanchez, and was passed unanimously, to deny item PZ21. Vice Chairman Gonzalez: OK, PZ.21, we also have a motion -- Commissioner Allen: Motion -- Vice Chairman Gonzalez: -- and a second to accept the staff recommendation, which is denial. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed? Motion carries. We move to PZ.22. Commissioner, I believe that you wanted to wait a little bit for this item to see if your constituents -- Commissioner Regalado: Yeah, we had a 4 o'clock time -- City of Miami Page 142 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Vice Chairman Gonzalez: Do you want to take -- Commissioner Regalado: -- certain. Vice Chairman Gonzalez.: -- 20 minutes -- Chairman Sanchez: Let's take a recess. Vice Chairman Gonzalez: -- recess, or 25 minutes recess? Commissioner Regalado: No, 15 minutes. Commissioner Allen: Fifteen. Vice Chairman Gonzalez: Fifteen -minute recess. Commissioner Regalado: Fifteen minutes recess and -- Vice Chairman Gonzalez.: All right. Commissioner Regalado: -- we'll be ready. Vice Chairman Gonzalez: We're going to be recessed for the next 20 minutes. PZ.22 04-01386 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, GRANTING A SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN SECTION 1305 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO ALLOW A CHANGE OF OWNERSHIP FOR A COMMUNITY -BASED RESIDENTIAL FACILITY, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1024 AND 1144 SOUTHWEST 19TH AVENUE AND 1800 AND 1895 SOUTHWEST 11TH TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." 04-01386 Fact Sheet.pdf 04-01386 Analysis.PDF 04-01386 Zoning Map.pdf 04-01386 Aerial Map.pdf 04-01386 ZB Reso.PDF 04-01386 Application & Supporting Docs.PDF 04-01386 Legislation.PDF 04-01386 Exhibit A.PDF 04-01386--Submittal-1. pdf 04-01386-Sub mittal-2. pdf 04-01386-Submittal-3. pdf REQUEST: Special Exception Requiring City Commission Approval LOCATION: Approximately 1024 and 1144 SW 19th Avenue and 1800 and 1895 SW 11 th Terrace City of Miami Page 143 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 APPLICANT(S): Family Boarding Home, Inc. APPLICANT(S) AGENT: Jeffrey Flanagan, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended denial on November 22, 2004 by a vote of 5-3. PURPOSE: This will allow a change of ownership to four community -based residential facilities. DENIED A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed, with Commissioner Allen voting against the measure, to deny item PZ22. Chairman Sanchez: (INAUDIBLE) 22. I believe, Commissioner Regalado, that is your item, so at this time, we'll go ahead and turn it over either to the director or Commissioner Regalado. Priscilla A. Thompson (City Clerk): Excuse me. Excuse me, Chair. We do have people here that need to be sworn in. Chairman Sanchez: Yes, ma'am. Thank you so much. All those that are here that will be speaking on an item, please stand up and be sworn in by the City Clerk. Ms. Thompson: Please raise your right hand. The City Clerk administered required oath under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chairman Sanchez: Thank you, Madam Clerk. All of you that have been sworn in will have an opportunity to address this Commission. Once again, let me just state for the record that anyone acting as a lobbyist or being compensated by law is required to check in with the City Clerk. Also, all those that will be speaking or addressing this Commission will stand up and walk over to the podium, state their name and address for the record, so at this time, we'll go ahead and open up PZ.22. Lourdes Slazyk (Assistant Director, Planning & Zoning): Let me just introduce the item. This is a special exception that requires City Commission approval in order to change the ownership for community -based residential facility. The addresses are 1024 and 1144 Southwest 19th Avenue and 1800 and 1895 Southwest 11 th Terrace. It's been recommended for approval by the Planning Department and a recommendation of denial from the Zoning Board. Chairman Sanchez: All right. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you very much, Mr. Chairman. 1 remember that several years ago -- I'm not quite sure -- but several years ago, this City Commission -- the City Attorney was Alex Vilarello, that brought from Hialeah some of the legislation passed in that city, approved an ordinance -- a zoning ordinance which went farther than the State Statutes. The State Statutes requires that there is a distance of 1, 000 feet between an adult living facilities, which are licensed by the State of Florida. The City of Miami requires 2, 500 feet. None of these facilities are within that ordinance, so 1 believe that we should follow the law of the City of Miami. 1 do not know why the Planning Department is recommending approval, but I do know that 1 cannot City of Miami Page 144 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 and I will not be voting to violate my own ordinance in the City of Miami, which is the zoning ordinance. The distance requirement, I think, is a major issue in this matter and it should be considered by the members of this board. I have been briefed by the City Attorney, and the City Attorney has gone into the books and has done his homework, and he has some recommendations that he sent to this board, and I understand that. The City Attorney has to deal with a city that is swim in contradictions and mistakes of the past, and maybe they want to apply one of the mistakes of the past to this issue and say we have to do this because these people were there before, and these people have been there before. Well, I will say to the Planning Department or anybody that four wrong -- four wrong, not two wrong -- don't make one right. Because if we apply the same criteria to this item in regards to what the City's doing because of quality of life, we're going to have a problem because for many years, we had cafeterias becoming bars, just as the sun came down, and nobody paid attention until there was a task force that fought for quality of life and closed down those cafeterias. For years, we had those little gambling machines, not the ones that we're going to vote on on March, that the City sold licenses to it until, because of quality of life, we decided that these machines were contraband and we confiscated them, although we used to sell permits to those machines. I remember -- I was here -- I guess I'm the only one, and also I have to take some part of the blame -- the crisis of the City of Miami, 1996, early 1997. Well, Carlos Gimenez, then Fire Chief now County Commissioner Carlos Gimenez sent all his firefighters knocking on every door in the City of Miami, and say to the people when they opened the door, look, we know that you have an illegal unit, and because of that, you have to pay double garbage fee, and the people say, yeah, yeah, yeah, 1 will pay double garbage fee because, at that time, what we needed to get the City out of the hole was the money, and it went like that. Some of these people even thought that the City was saying, you're OK. You don't have any problems, but because of quality of life, we went and we're going after these people with illegal units. The issue here is quality of life, and the issue here is one that we cannot and we should not violate our zoning ordinance. The State says you need a separation of certain number of feet. The City of Miami says you need a bigger separation. Maybe if these places were located, one on 32nd Avenue and one on 17, there's nothing I can do about it; one in 9th Street and the other one in 21 st Terrace, there's nothing I can do about it, but these are houses that you don't have to use a phone to talk amongst each other. You can just stick your head out and look at the other house, so we are in violation of the zoning ordinance of the City of Miami and the State Statutes of the City of Miami. I was going to use the numbers given by the administration by the State of Florida, and I think I should because it's all about quality of life. That is the theme of this City Commission, quality of life. For instance, the City of Miami has 133 adult living facilities within the City of Miami, 133 adult living facilities. District 4, the district that I represent, has 62 facilities. The City of Miami has 13 adult living facilities greater than 14 residents. District 4 has the largest number of these facilities; out of 13, 7. It's not a record, but it's a good average, more than half. It has 57 between seven and fourteen residents, and of those -- for instance, let's see by color. I wish we had a map, but we have six blue, 15 green and 43 red. That's the one. Six blue -- blue is greater than 14 residents. Green is greater than seven residents, and red is greater -- is less than six residents, so I don't think we should vote against our own laws. I don't think we should vote against our own zoning ordinance, and I think that we should understand the situation of this area, the Shenandoah area, an area, by the way, that I have lived since 1962. I was attending first -- the first -- my first grade on La Salle High School in -- near Mercy Hospital in 1962, and I've been living in that area since then. Then I moved and -- so 1 really believe that this board should consider two issues when voting. One, the issue of our own laws, our zoning ordinance. Second, the issue of quality of life for the people of Shenandoah that, by the way, are making the area a beautiful area, and I really don't blame the people that bought into Shenandoah to establish adult living facilities. After the Mariel Boatlift, the area -- and I live there -- became a crime area. People started moving, selling their homes, and people start buying homes to just make business, or they buy the homes and make a profit, until a lot of young professionals came to the area, start buying dilapidated homes and fixing them. My daughter did that on Southwest 15th Street. I bought my house in Shenandoah in 1983, so I was there when people were leaving, and I'm still there, and you know, now the area is looking much, much better, and City of Miami Page 145 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 people are trying to invest, and trying to have better homes, and I just don't think that we should impact the people of Shenandoah with this kind of situation. Are we against adult living facilities? No, we are not. We are against those living facilities that impact the quality of life of all the residents, like the one one block from my home. There are at least 14 calls to 911 every month because of disturbances in that particular one, but that one is in court. On this case, it's just a matter of our zoning ordinance. It's just a matter of quality of life for the Shenandoah area, and my last statement is some people may say, well, we could be sued. Well, last Commission meeting, 1 voted yes for a project in Commissioner Allen's district because of quality of life. He thought that Crosswinds was the right thing for Overtown, and although we were threatened to be sued, we voted 5 to 0 because we believed in quality of life. I hope that my colleagues give the residents of Shenandoah a break and let them have a little quality of life while we respect our zoning laws, so that's it, Mr. Chairman. Chairman Sanchez: All right. Thank you. Commissioner Gonzalez, and then we'll go to the City Commissioner Allen: City Attorney. Chairman Sanchez: -- Attorney, and then we'll -- Commissioner Allen: Right. Vice Chairman Gonzalez: First of all -- I'm sorry. First of all, Commissioner Regalado, you're talking about a zoning ordinance that established the space between one of these facilities and the other one. Do you have the ordinance number so I can -- Commissioner Regalado: No, the City Attorney has. Vice Chairman Gonzalez: Mr. City Attorney, do you have that ordinance? Jorge L. Fernandez (City Attorney): No, I don't because that's not an issue that's in front of you today. Vice Chairman Gonzalez: I know. Mr. Fernandez: Distance is not the issue. Vice Chairman Gonzalez: I know. Mr. Fernandez: I could look at the zoning ordinance and I can give you the distance requirements that the ordinance provides. Vice Chairman Gonzalez: But you agree that there is an ordinance that establish a distance between these -- Mr. Fernandez: Yes. Vice Chairman Gonzalez: -- places? All right. All right. I agree with Commissioner Regalado on, you know, if there is an ordinance that establish the distance between these facilities and we are not respecting that ordinance, I believe that we have a serious problem. I want to address another issue that Commissioner Regalado referred to, and it is the City issuing permits for the machines that we have been picking up under the Quality of Life Task Force. Well, let me correct the record. The City never issued a permit for illegal gambling machines. The City issued a permit for amusement machines, OK, not for gambling. What happened is that these machine operators, they were very smart and they just placed the sticker on these machines and City of Miami Page 146 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 made anyone believe that these machines were legal, when in fact, they weren't, and it has been established in court -- every single case that has come to court, the City has won those cases, and the disposition of the judges has been against the plaints, so that record is correct. I also agree with Commissioner Regalado on the fact that I believe that it is double standard when we, on one hand, we charge for double garbage fee, or for triple garbage fee, and on the other hand, we're citing people because of illegal units. We have to establish a policy and whatever the policy might be, but there has to be a policy and one policy, and let me tell you, I don't know how many of these facilities I have in my district. I presume that I have a lot of them, too, but I'm familiar with what Commissioner Regalado is going through. Commissioner Regalado: Twenty-eight. Vice Chairman Gonzalez: Twenty-eight in my district. Commissioner Regalado: You have 28. Vice Chairman Gonzalez: All right. I thought that I had quite a few, too, but let me tell you, I'm very familiar with this situation, and I know what Commissioner Regalado is going through because I had two friends that own businesses on 8th Street, between 18th and 19th Avenue, and they had to shut down the business and leave the area because -- not because of the place, because of the overspill of the people that live in these facilities, and they wander around the sidewalks, and they insulted their clients and -- let me tell you, the situation was very critical. As a matter of fact, one of my friends was a barber and that was the barbershop that I used to go to, and one day he told me, you know what? 1 have two options because -- one option is to shut down the place, retire, or move the place somewhere else, or otherwise, I'm going to end up in jail because I can't survive. I mean, I have to be cutting hair and I have to be protecting my clients, and I have to be watching out for the ladies that come into my business, and eventually, he decided to shut down his business and move somewhere else, so I know what Commissioner Regalado is going through because 1 lived through that experience. I went to that barbershop every 15 days, and 1-- sometimes I had -- I was confronted by these people that was wandering on the sidewalks and creating a bad situation, and was damaging the quality of life of that neighborhood, so I agree with you 100 percent, and you know -- Commissioner Regalado: Thank you. Vice Chairman Gonzalez: That's all I have to say. Commissioner Allen: Mr. Chairman, if I may, quickly before the City Attorney weighs in. It'll be a quick comment. Chairman Sanchez: Yes, sir. Commissioner Allen: I just want to also echo what Commissioner Gonzalez just stated. I do share the grave concerns of Commissioner Regalado, with respect to the zoning ordinance and the quality of life in this area concerning this issue, but having said that, I'd like to also turn to the City Attorney and I'd like to listen to him at this time. Mr. Fernandez: Mr. Chairman, Commissioners, I do this with serious trepidation, especially after Commissioner Regalado's very eloquent presentation and discussion. On the larger issue of the problems that the community and his constituents, in particular, are facing with regard to ALFs (Adult Living Facilities), but notwithstanding my own trepidation, I need to speak to you clearly, concisely and authoritatively from a legal perspective. As your City Attorney, you need to understand that my office looks to the law in a comprehensive way and gives advice not swayed by what is popular or expedient, but we -- and we don't look at the constituents' perspective on this. We may take it into account, but we're not swayed by that. We opine on the City of Miami Page 147 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 basis of what we believe to be the law, as officers of the court, that -- believe it or not -- and it's difficult to say this to a client, but before we represent you, we need to take into account the fact that we're officers of the court and we need to act accordingly at all times. You need to understand that the issue in front of you today is very limited. While it is part of the larger issue of ALFs and the social ills or the social challenges that ALF present to the community, it's a very narrow issue. It's not the distance issue that you're looking at today. You're not looking at the number, location or size offacilities in any given district. You're looking at one particular application for a special exception for change of ownership, and that is what I would like to address my concerns, and you need to narrow your scope in considering the merits of my advice to you, as well as in considering the testimony that you will hear today; you need to narrow your scope to that very limited item. Section 943.3 of the Zoning Ordinance of the City of Miami requires community -based residential facilities, all grouped by reference, ALFs, to obtain a special exception for a change of ownership. Section 934.3 basically states that Certificate of Use are not transferable. If a facility changes use or ownership, a new ownership is to be approved only by a special exception with the City Commission approval. That is the law that we have in the books. Reference has been made to our Code and enforcing the existing laws that we have in place. I'm sure that you're very much aware of the fact that there're some provisions of our Code that have been in the books for a long time. In particular, this one was enacted in 1981, prior to the passage of State Statutes and federal laws that impinge on the issue at hand today, so you're dealing with a Code provision that is antiquated and, in my opinion, is out of whack with the rest of the law that we have researched. Therefore, my recommendation to you today -- and you should start getting a hint from my presentation -- would be definitely contrary to the recommendation that Commissioner Regalado has made, contrary to the recommendation that the Zoning Board has made to you, and it would be to grant the special exception because, notwithstanding the fact that we have this regulation in our Code, it is still, in my opinion, unenforceable, and perhaps, even unlawful. Let me tell you why 1 think that, and I do so in the context of a historical perspective, or the historical process that this case has followed. At the code enforcement or special master hearing, Family Boarding Homes disclosed the three changes of ownership, which are the subject of this application. In April of '84, the subject property changed ownership from Daphne Buchanan to Family Boards Home, Inc. In '88, the subject property changed ownership from Family Boarding Home, Inc. to All Boarding Homes and in 1990, the subject property changed ownership again from All Boarding Homes, Inc. to Family Boarding Home, Inc. At the -- at a special master hearing, Family Boarding Home, Inc. argued that Section 934.3 of the Zoning Ordinance of the City of Miami violated the Fair Housing Amendment Act of 1988. The special master held that she had no jurisdiction to address the constitutionality of our Code provision, and therefore, did not rule on that issue. The applicant, Family Boarding Homes, Inc., under protest, proceeded to comply with the City's request and filed for a special exception, all along making the point that the provision that we were applying to them was unconstitutional. That's why we're here today because they have complied with the requirement that we have made of them. Chairman Sanchez: Commissioner Regalado. Commissioner Regalado: Yes. Mr. City Attorney, two questions. If this Board were to vote to follow your recommendation, not with my vote, of course, but if you have the three votes, would this mean that these entities are legal? Mr, Fernandez: That means that the issue of their transfer of ownership is no longer in contention. That's all that that means. At this point, I am not ready or able to say that they are legal, per se. There are other issues that are pending in court, which are the issues as well -- as you stated earlier; the distance requirement is an issue, as well as the issue of being in the proper zoning. Commissioner Regalado: Yeah, but if the Board were to vote for the change of ownership, they will be able to function legally until, and my question is, you are a member of the Florida Bar in City of Miami Page 148 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 good standing. You are an officer of the court. I'm afraid that you're telling me to vote to violate an ordinance of the City of Miami on the zoning matter, which is part of this issue. Mr. Fernandez: Yes, and I do so with clear conscious and clear resolve because I look at the law comprehensively, and 1 look at the scheme where federal, state and local laws come into play, and when I have to make a decision with regard to the applicability of a zoning ordinance provision that we have, in light of State Statute, in light of federal law, I need to give to you what I believe to be in the best interest of the City, my legal advice. Continuing with my brief presentation, on November of 2004, despite the Planning and Zoning Department's recommendation for approval, as well as with the City Attorney's strong statement, the City of Miami Zoning Board denied the Family Boarding Home's special exception for the change of ownership. The matter is now before you; again, very limited in scope is that provision. Commissioner Allen: Right. Mr. Fernandez: Let me tell you why I think that our Code is out of whack, and you will hear this -- you have heard this in the past four or five months several times. You'll continue to hear it until we do something and improve many of those provisions of our ordinances that need improvement. The -- in analyzing the case at hand, it is important to look at the general intent behind zoning ordinance 11000, which is the controlling ordinance, as it relates to special permits, and a special exception is a form of a special permit. The Code reads as follows, " Special permit procedures and requirements as set out herein are intended to apply in relation to ' -- and please pay attention because these are significant controlling principles. Special exception really looks to use, occupancy, location, construction, design, character, scale and manner of operation; nowhere does it say ownership, nature of ownership, or the necessity for making complex or unusual determination. Furthermore, Section 1309 of the Code also provides that, when granted, a special exception under any of the classes that are set out in 1301 of this ordinance, together with any conditions or safeguards attached thereto, shall apply to the land, to the structure or to the use. Special exceptions attached to those -- it does not attach to the nature of ownership, so analyzing our existing ordinance, by its own term, clearly finds that a provision that was passed over 1980, as I stated to you earlier, 1981, over 25 years ago, is arcane and out of whack with the rest of our ordinance as it stands. The importance of this analysis of Section 1309 of the zoning ordinance as it relates to the fact that land use law pertains to the land, the structure and use itself, and it is irrespective of ownership, so any condition -- and here is a case where you cannot find that any other residential district use is subject to the special exception. No one who lives in a residential district has to come to this City Commission and ask for permission, through a special exception, to sell their property to another party. We have that limitation in some of the -- Commissioner Winton: Well -- Mr. Fernandez: -- commercial districts because there is a sound rationale for that. Commissioner Winton: Excuse me -- Commissioner Allen: Yeah. Commissioner Winton: -- Mr. City Attorney, but -- I understand what you're saying there, but the fact of the matter is that the industry has hijacked our neighborhoods. They've hijacked them by going to the Florida Legislature to pass legislation that imposes themselves in the middle of our single-family neighborhoods by providing a service that shouldn't be in these damn neighborhoods, so I understand what you're saying, but there's an absolute difference between what happens in a normal neighborhood, by virtue of these ordinances, and the fact that this industry has hijacked our neighborhood; they shouldn't be in there in the first place, so -- and all I'm saying -- I'm listening -- you're doing an outstanding job here, an outstanding job. I just City of Miami Page 149 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 wanted to draw the attention -- draw your attention, though -- it isn't going to have any standing legally, I know, but I'm just letting you know, as far as we're concerned, they've hijacked the neighborhoods, and so -- Mr. Fernandez: And, perhaps -- Commissioner Winton: I'm done. Mr. Fernandez: And, perhaps, they have, but your brethrens and sisters, as they sit in Tallahassee and in Washington, D.C., do not have to live the daily reality of you in your community. Commissioner Winton: Bingo. Mr. Fernandez: And therefore, those laws which have preeminence, and which preempt oftentime your prerogative as legislators has clearly, clearly said that these uses or the ALF use is constitutional and they are allowed, whether you like them or not, in your residential districts. Commissioner Allen: If I -- Commissioner Regalado: Mr. -- Commissioner Allen: Wait, one second. Mr. Chairman. Commissioner Regalado: One -- Jeffery, if I can ask a question. Chairman Sanchez: Hello, hello, hello. Commissioner Regalado: Just -- Chairman Sanchez: Listen, everyone will have an opportunity to speak Commissioner Regalado: No, just a question. Chairman Sanchez: Commissioner Regalado and then Commissioner Allen. Commissioner Regalado: OK. Wouldn't be easier to determine first if this entity can exist because of the zoning ordinance, and then decide on the change of ownership? I mean, we're doing this the back way. First, we should determine if these entities are legal because our zoning ordinance says they're not; then go to the change of ownership. Is that something that should be considered? Mr. Fernandez: No -- in my opinion, no. The legality of these entities -- and you're forcing the issue, Commissioner, the discussion of the doctrines of latches and estoppel, something which, while relevant to the larger issue of ALFs and the other pending issues that we have with them, which are not the subject of this limited hearing that you have today. It's a wonderful discussion that I'm looking forward to engaging this Commission in, and anyone who would care to listen to it, but again, it would deviate totally from the focus that you need to maintain in considering this issue, so please, hold in abeyance for another date the discussion on latches and stopple, as it applies to this whole issue of the ALF with the two pending issues that we have, which is the distance requirement and the -- being in the proper zoning classification; discussion for another day, not for today. Let me conclude by giving you a very brief walk-through as to why it is that I believe that there is a serious conflict with federal and state regulations. The State of Florida, pursuant to Chapter 400 and Chapter 419 of Florida Statutes, has preempted the City with regards to ALFs within certain zoning districts. This is in accordance with Chapter 419 that City of Miami Page 150 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 says that homes of six or fewer residents, one through six, are permitted in single-family zoning districts. Similarly, homes of seven to fourteen residents, known as community residential homes, are permitted within multifamily zoning district, so long as notification is provided to the local government. That is the State law and State law preempts any law that we may have. Section 419 specifically says that a dwelling unit housing a community residential home established pursuant to this section shall be subject to the same local laws and ordinances applicable to other residential family units in the area in which it is established. That is State law. It says that you cannot apply to these entities a different requirement than you would apply to everybody else in the same district. We do not require others to obtain a special exception when transferring ownership, others in similar districts. With regard to the Fair Housing Amendment Act of 1988, the Fair Housing Amendment Act was enacted to extend the principle of equal housing to handicapped persons. You have referred, over the past several minutes, to these individuals that populate or reside in these residences by different adjectives, or different names. The law calls them all handicap. This act amended Title VII of the Civil Rights Act of 1968, which prohibits discrimination based on race, color, religion, national origin and sex. Discrimination on the basis of handicap includes a refusal to make reasonable accommodations in rules, policies, practices or services when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling. Vice Chairman Gonzalez: May I interrupt for a minute? 1 agree with the rights of these people, but what about the right of these residents? Who's going to protect their rights? Commissioner Winton: No one. Vice Chairman Gonzalez: And where is the law to protect their rights? Commissioner Winton: And that's why they got hijacked. Vice Chairman Gonzalez: These are homeowners. These are people that have lived in that community for 1 don't know how many years. They pay taxes, they work, they contribute to the society; what about their rights? Mr. Fernandez: The law provides for the protection of their rights, so long as -- Vice Chairman Gonzalez: OK. Mr. Fernandez: -- the rights of the handicapped are -- Vice Chairman Gonzalez: The law -- Mr. Fernandez: -- also -- Vice Chairman Gonzalez: -- provides for the protection of their rights. What are we doing? If there is a law that protects the other people, and there is a law to protect them, what are we doing to uses -- to use the law that protects them to protect them? Mr. Fernandez: It's an interesting discussion, Commissioner, that we can engage in, but the American jurisprudence is based on the principle, contrary to popular opinion, that this is not necessarily a county of majority rule. The concept that the majority rules and therefore the majority's desires are controlling is precisely the whole history of the Civil Rights movement and of most of the laws that have been enacted by Congress and upheld by the Supreme Court. The issue of the rights of the majority, assuming that the neighbors or the other residents who are not handicapped are the majority, are the prevalent rights, and what the law provides for is that those -- the least desired, the difficult element, the -- whatever adjectives anyone may wish to ascribe to them, that is the protection that the law steps in and accords to them rights which City of Miami Page 151 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 otherwise contravene the interests or the privileges or the ease and comfort of the majority rights Vice Chairman Gonzalez.: Yeah, but -- you know, let me tell you, this debate is very interesting. I'm learning a lot. I'm not an attorney, and that's why I keep asking questions because 1 want to learn. We're not talking about majority. Let's make it a single person against a single person. What right does have a handicap person to damage my property, to create difficulty on my way of living; what right do they have to do that? Say one person to another person, just talk about majority -- Mr. Fernandez: Yes. Vice Chairman Gonzalez: -- minority because -- Mr. Fernandez: No one has the right to do that, and any actions by any member of any group of any class that violates established laws, they're punished. Vice Chairman Gonzalez: Well, those laws are being violated everyday on 8th Street -- Mr. Fernandez: And -- well -- Vice Chairman Gonzalez: -- and on 19th Avenue and 18th Avenue, on 9th Street. They are violated every single day. Mr. Fernandez: And -- Vice Chairman Gonzalez: Morning, afternoon and night. Mr. Fernandez: And then law enforcement needs to be called in and see what laws are being specifically broken, but if you are alluding to the fact that individuals that are, by their own nature or by their -- the character of their affliction, considered handicap under this law, if their presence is deemed undesirable and that undesirable aspect of their presence tends to lower the value or force business owners to do whatever, that is something that the law does not contemplate. Vice Chairman Gonzalez: No, no. Mr. Fernandez: If they break the law -- Vice Chairman Gonzalez: No, I'm not alluding that. Mr. Fernandez: Oh. Vice Chairman Gonzalez: I'm not alluding that. Mr. Fernandez: What are you -- Vice Chairman Gonzalez: What I'm talking about is that nobody has the right to do their necessities, their physical necessities on a public right-of-way, on a street, on a private front of a house, and I'm not alluding to what you're saying, OK. I know exactly where I'm going, and like 1 tell you, you know, you haven't been there, but I've been there. I've been there a lot and Commissioner Regalado is living with that situation and we need to find a way. We may have to vote in favor of this change of ownership or whatever because that's what the law requires, but let me tell you, we need to find a way to control the situation because this is unacceptable. What are we going to tell these neighbors? Sell your homes and leave. Move somewhere else because City of Miami Page 151 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 you don't have any rights. The other people have all the rights. You don't have any rights. Is that what we're telling them now? Is that the message that we're sending them, they don't have a recourse? The law applies to everyone and everyone is protected under the law, and that's how I understand the law. Now, if the law changed and it's going to be to protect some people and some special interest, and other people are not going to be protected, then I don't know. I may have to take another -- you know, go to a university and take some law classes, try to understand the Constitution, the laws and government. Mr. Fernandez: It's a lengthy discussion or debate that perhaps could take place at any other time, Commissioner. I'll be very happy to engage -- Vice Chairman Gonzalez: And I'll tell you, we're going to have a long discussion, you and I, because, you know, we need to do something. Mr. Fernandez: Yes. Vice Chairman Gonzalez: And we're going to talk about it. We're going to talk about it. Next week I'm going to set up a meeting with you and we're going to sit down and talk about it, and I'm going to be -- you know, I'm going to be on this issue until we find a solution for these neighbors. I don't have any problem with the ALF, if they are run correctly. 1 don't have any problem with these organizations, as long as it -- you know, your rights begin where my rights ended, OK, and that's what has to apply here. It's simple. Commissioner Allen: Mr. Chairman, if I may weigh in, and I don't mean to interrupt your presentation, Mr. City Attorney. Mr. Fernandez: All right. Commissioner Allen: You're just about done. I guess my question is one of a hypothetical nature. What if, in fact, this full Commission votes to accept the recommendation of the Zoning - Commissioner Winton: Board. Commissioner Allen: -- Board, where does this stand at that point? Mr. Fernandez: If this Commission -- Commissioner Allen: Accepts. Mr. Fernandez.: -- denies -- Commissioner Allen: Yes, accepts the -- Mr. Fernandez: -- the special -- Commissioner Allen: -- recommendation. Mr. Fernandez: -- exception, I have no idea. You need to hear from the applicant. 1 don't know where that would lead, but 1 have not yet concluded my presentation. Commissioner Allen: Oh, I'm sorry. Mr. Fernandez: Before you hear -- City of Miami Page 153 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Commissioner Allen: Right. Mr. Fernandez: -- from the applicant -- Chairman Sanchez: Well -- Mr. Fernandez: -- who would be next -- Commissioner Allen: But I guess one of my concerns then, Mr. City Attorney, would you be concerned then of any potential litigation going forward? Would that be one of their concerns, by any chance? Commissioner Winton: Well, that'd be an option that they would have. Mr. Fernandez: Well, you know, I always live with a specter of litigation. Every decision that I make I know invites litigation from one side or the other, and that has never stopped me, so I don't know. I -- Commissioner Allen: OK. Mr. Fernandez: It might. We may end up in litigation, we may not. Commissioner Allen: Right. Mr. Fernandez: The fact is that we're already in litigation, by the way, with many of the other pending issues, but let me just conclude by telling you that the -- besides the state and federal laws weighing in heavily in this, I just want to tell you that approximately since the late 1970s, early '80s, the subject properties have been operating as assisted living facilities in an R-1 single -family zoning district, and that Family Boarding Homes holds a State of Florida limited mental health license. Based on all the aforementioned federal and state law, as well as my analysis to you of our ordinance, I believe that it is in the best interest of the City, and it's my recommendation to you that you grant the special exception for change of ownership. That is my presentation. Chairman Sanchez: Thank you -- Commissioner Allen: Thank you. Chairman Sanchez: -- Mr. City Attorney, and as the Chair, before we open it up to the applicant, and of course all those that are here to address this issue, let me just state for the record, counsel, that I understand the limit of the issue, and I will narrow the scope, as you stated, of what is in front of us here today for us to litigate on, but the issue here is on the legality of it that you have brought out, and let me just state for the record that you are our attorney. It is your job, under the Charter of the City, to protect the City, and in this case, it's to protect this Commission, and let me just state that we have a court reporter here today stating everything that we say because this is going to end up in litigation, and having said that, there are two questions that I have that have been brought forth, and one question is directly to our City Attorney, and that is, is this ALF in violation of any of our zoning laws? Mr. Fernandez: It is our allegation, or it's our position presently, because we're still in litigation, that -- they have been cited by Code Enforcement because of violating the distance requirement, and also because of being in the improper zoning district. There is contentious litigation on that issue. Chairman Sanchez: OK, that -- exactly, so there's litigation pertaining to all that. City of Miami Page 154 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Mr. Fernandez: Yes. Chairman Sanchez: So the City is taking a proactive approach on those issues? Mr. Fernandez: Well -- Chairman Sanchez: We're in litigation. Mr. Fernandez: -- the City --1 have -- Commissioner Regalado: No. Mr. Fernandez: -- opinions with regard to the merits of those issues that are in litigation, which is what Commissioner Regalado and I have fully discussed, and he is trying to get me to enter into a discussion of what I think the merits of those two issues, the distance requirement and the zoning issue, are, and the fact that, you know, I have very strong opinions in regard to those issues, as I do in regard to this one. Chairman Sanchez: So the issue that's in front of us today -- Mr. Fernandez: Yes. Chairman Sanchez: -- for us to focus on and decide on is a proposed application, is for a change of ownership of existing community based residential facility, correct? Mr. Fernandez: Correct, a special exception asking you to allow the change of ownership. Chairman Sanchez: And on that merit, you stated that State law preempts local laws. Mr. Fernandez.: Yes. Chairman Sanchez: So our code enforcement laws -- Commissioner Winton: And federal law preempts state. Chairman Sanchez: -- are -- in other words, the State has authority -- more authority over our local laws pertaining to this issue. Mr. Fernandez: Yes. Chairman Sanchez: But what is our laws -- our code enforcement laws are applied to ALFs in our community. Mr. Fernandez: Yes. Chairman Sanchez: I mean, we've discussed that here many times before. Mr. Fernandez: Yes. Chairman Sanchez: As one of our Commissioners stated, you know, it is -- I think the tools that we have on the local government or municipality is the -- we have the dog that bites with the teeth is code enforcement, as we go after these ALFs. Mr. Fernandez: Correct. City of Miami Page 155 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Commissioner Winton: And policing. Chairman Sanchez: And policing, which is very important. Mr. Fernandez: Correct. Chairman Sanchez: OK. Now, you're stating -- on this issue that's in front of us, your advice to us is that, one, you believe that it's unlawful and unconstitutional, correct? Commissioner Winton: I don't think he said that. Mr. Fernandez: Again, 1 hate to engage with my own client in an adversarial -- Chairman Sanchez: No, you need to educate your client. Mr. Fernandez: Well, your cross-examining me with regard to what I've said, it's really rather counterproductive, but let me -- Commissioner Winton: Particularly since it's being recorded, Mr. Chairman. Chairman Sanchez: Yeah. Well, no, listen, we've already -- I mean -- Commissioner Winton: But -- Chairman Sanchez: -- the record hasn't helped us any. Mr. Fernandez: That's right. Chairman Sanchez: I'll tell you that much. I just need to get educated on the issue because I'm trying to decided, based on what you're telling me to decide -- Mr. Fernandez: Yes. Chairman Sanchez: -- but it's very hard when the other side is so frustrating, when you see that, as you stated, Commissioner, that, you know, they've invaded our neighborhoods. Mr. Fernandez: I understand. Chairman Sanchez: And basically, what you're telling me is that our City laws can't do anything about it. It's all State laws that are the ones that could be applied and govern the ALFs. That's my understanding. Mr. Fernandez: My analysis was threefold. My analysis is that even looking our -- at our own zoning ordinance, this one provision of our zoning ordinance is out of whack. Commissioner Allen: Right. Mr. Fernandez: Number two, State has preempted. Number three, federal law prohibits it, and therefore, a combination of very comprehensively looking at those three puts me in a position of having to give you the best legal advice that I can come up with, which is that, in this particular case, given that analysis, it would be in the best interest of the City that you grant the special exception and allow the change of ownership to take place. Commissioner Allen: Right. One quick question. City of Miami Page 156 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Chairman Sanchez: No, wait, wait, wait. Even when they have violations pending in our -- Mr. Fernandez: Yes. Chairman Sanchez: -- local government? Mr. Fernandez: Yes. Commissioner Allen: Mr. Chairman, if I could, and Mr. City Attorney, could you weigh in on this? This is a follow-up. You mentioned an issue about the superseding concerns of the state and federal government, but what about our police powers, looking our for the citizens' public health, safety and welfare? Isn't it -- aren't we paramount in that respect, under some homeroom charter concept, as well? Mr. Fernandez: As long as they don't conflict with those, yes. Commissioner Allen: Right, so -- but there's no conflict legally that you identified? Mr. Fernandez: No, the -- Commissioner Allen: Right. Mr. Fernandez: -- our police -- the exercise of our police powers are intact. We may arrest anyone who defecates in public and allude -- Commissioner Allen: Right. Mr. Fernandez: -- that was alluded to. We may arrest anybody who breaks into somebody else's private property because these individuals do not have that kind of protection. I mean, that's not what the law is about. Chairman Sanchez: All right. Mr. Fernandez: So you may enforce all your police powers equally against everyone. Chairman Sanchez: All right. Commissioner Regalado -- Commissioner Allen: All right. Chairman Sanchez: -- and then I believe we've -- Commissioner Allen: Yeah. Chairman Sanchez: -- we'll go ahead and have the applicant give his presentation, and then, of course, we'll open it up to the residents as opposition, as the process that we have here. OK, Commissioner Regalado and then, sir, the applicant, you can proceed with your presentation. Commissioner Regalado: OK, I -- Mr. Chairman, I would really like to hear from the residents, and then I'll just make one comment, and I have one question for the City Attorney after that, so 1 would really like to hear what the residents have to say, although I -- but I need to -- Commissioner Winton: Well, let's -- Commissioner Regalado: -- know before this, Mr. City Attorney. City of Miami Page 157 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Mr. Fernandez: Yes. Commissioner Regalado: So any zoning ordinance of the City of Miami does not apply on this case, any? Mr. Fernandez: No, that's not correct. Commissioner Winton: He didn't say that. Commissioner Allen: Yeah, that's -- yeah. OK. Mr. Fernandez: We -- you cannot make that blanket statement. Commissioner Allen: Statement, right. Mr. Fernandez: They are subject to a lot of City's rules and regulations -- Commissioner Allen: Right. Mr. Fernandez: -- and everything else. Commissioner Allen: Right. Commissioner Regalado: OK, so some zoning ordinance do not apply in this case. Mr. Fernandez: I would say that all zoning ordinance applied to them except those that the courts or the ones that jurisprudence dictate that because of the application of the doctrines of equitable latches and estoppel cannot be enforced against them. That doesn't mean that they don't apply. They still apply, but the courts have fashioned a remedy above and beyond the application of the law that would limit the application in certain conditions. Commissioner Regalado: So that's exactly what I wanted to hear. Mr. Fernandez: And you heard it. Commissioner Regalado: And so we can fight it in court. Commissioner Allen: All right. Well -- and I -- Mr. Fernandez: But, wait -- Commissioner Winton: You can fight anything in court. Mr. Fernandez: Yes. Commissioner Allen: I -- Mr. Fernandez: You can fight anything in court. Commissioner Allen: Right. Commissioner Regalado: Then -- Commissioner Allen: But -- City of Miami Page 158 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Mr. Fernandez.: But I advise you that you don't because this is not one that you're bound to win, and if you want to fight in court for the sake of fighting, notwith -- Commissioner Regalado: No, no, no, no, no, but I wish that there is one single person in this country who can tell me 100 percent how a court of law, a jury, an appeals court, a state supreme court of the United States Supreme Court can rule and will rule. Mr. Fernandez: Nobody has a magic ball. Nobody can predict that, Commissioner, and I would not be so presumptuous to tell you that -- Commissioner Regalado: That's -- Mr. Fernandez: -- I am the -- Commissioner Regalado: -- exactly what I'm saying. Mr. Fernandez: -- final authority. However, as the saying goes, you pay me the big bucks to be decisive and to be definitive. You don't pay me to be wishy-washy or to give you opinions that are fifty-fifty and don't get you nowhere. I take my job and my charge from you very seriously, and I'm giving you my best legal advice of 26 years of practicing law in this area that the likelihood of the City prevailing on a challenge, if a challenge is brought, on these issues is not very good. Commissioner Regalado: So luck -- I'm lucky. I'm not going to fight you in court. You're going -- you would probably fight for me. Mr. Fernandez: I will. I will, always. Commissioner Regalado: That's what 1 want to know. Commissioner Winton: OK, so can we move along? Commissioner Regalado: Yes. We have a -- Vice Chairman Gonzalez: OK, sir. Jeffrey Flanagan: Members of the Commission, thank you very much. For the record, Jeffrey Flanagan, offices at 999 Ponce De Leon Boulevard, in Coral Gables, representing the applicant Family Boarding Home, Inc. If I may take a moment, hand out some packets to you and give one to the Clerk. Commissioner Winton: Jeffrey, why don't you give them all to the Clerk and they'll hand them out to us, and go do the presentation? It's only four. Mr. Flanagan: The request before you, after about an hour's worth of dialogue, we know is not an easy -- well, the strict request before you, from my perspective, is a very easy one. There are concerns, there's been plenty of discussion. I'm sure there'll be more discussion regarding the use of the property, the physical use regarding the location of the properties to each other, but to reiterate what your City Attorney did, and I thank you very much for laying out the grounds, I think, very clearly. The only issue is the change of ownership, and in the past, you have approved other changes of ownership almost ministerially. I've read the minutes of -- I think there was one, let's say four months ago. There was very little discussion on it. It was a very quick, very ministerial decision on strictly the change of ownership. Commissioner Allen: And what type set of facts? City of Miami Page I59 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Mr. Flanagan: I'm sorry? Commissioner Allen: What set of facts? Mr. Flanagan: It was an ACLF (Adult Community Living Facility) also, because that is, Commissioner Allen, CBRFs (Community Based Residential Facilities) or ALFs are the only items, as your attorney told you, that are required to come before you for a change of ownership. In my mind, it's almost -- Commissioner Regalado: Was that -- excuse me, counsel. Was that the one in Southwest 8th Street and Forty -some Avenue, the one you're referring to? Mr. Flanagan: From memory, I believe that's it. It was, give or take, 49th Avenue or somewhere in that area -- Commissioner Regalado: Yeah. Mr. Flanagan: -- I believe. Commissioner Regalado: It was one on a commercial street -- Mr. Flanagan: OK. Commissioner Regalado: -- Southwest 8th Street. Mr. Flanagan: OK. Commissioner Regalado: Yeah. Mr. Flanagan: But again, the issue is strictly the ownership of the facility. It is the ability -- ownership goes to the ability to manage the facility, and in the packet, what you'll see under tab 1 are photographs of the various houses; 1024 Southwest 19th Avenue, 1026 Southwest 19th Avenue, 1800 Southwest 11 th Terrace, 1895 Southwest I I th Terrace and 1144 Southwest 19th Avenue. Pictures tell a thousand words. You look at the pictures, the homes are extremely well maintained. They are meticulous. There's no difference of those homes to any of those in the surrounding neighborhood, but aesthetics isn't necessarily what we're here on. Aesthetics and managing the exterior of the properties goes to part of the ability of the owners to run the facilities. Under tab 3, which I think is the most telling, and that's the thickest tab, are the licenses from the State of Florida for the four facilities, the licenses from the City of Miami, occupational license -- or Certificates of Use and occupational licenses from the City and from the County for all the facilities going back to -- or starting with about 1996. State licenses are issued every two years. In this packet, you'll see that there are spot-checks intermittently. There are also unannounced checks when the licenses are coming up for renewal. In all the spot- checks and all the renewal applications, there were no deficiencies found, except I believe once, and that was for somebody's CPR (Cardiopulmonary Resuscitation) license that had expired and had not yet been renewed. The issuance by the City, by the County and by the State every time of their licenses goes directly to the heart of the ability of Family Board Home, Inc. to manage the facilities, and again, that is the only issue that is before you. It's the ownership and the care for the residents of the facilities that the people managing the facility will properly manage and take care of those clients, you know, that needed segment of the society. There's questions of what about the residents in the neighborhood. I'll tell you, 40 out of the 62 residents -- Commissioner Allen.: Counsel, if I may. City of Miami Page 160 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Mr. Flanagan: Sure. Commissioner Allen: That oversight that you mentioned that individuals that manage this facility, that's largely an oversight or management by the State, not the City; is that correct? Chairman Sanchez: The State regulates them, right? Mr. Flanagan: The State regulates it, correct. Commissioner Allen: Correct, so -- right. Mr. Flanagan: Correct, and that's -- I go -- if we're going to ability to manage, the fact that State licenses are continually issued and there are no deficiencies found by the State goes directly to that matter. Out of the 62 residents that are at the facility now, 40 of them have lived there for 20 years or more; 20 years or more almost 60 percent of the residents have been there. I mean, they are residents of the community. They live there. They have an evil disease that they somehow must cope with and they try to cope with everyday. They're not as lucky or as fortunate as we are. Commissioner Allen: OK, so 60 percent of the ones that are listed here are these four properties, have been there for what? Mr. Flanagan: On those properties, there are 62 residents that live -- Commissioner Allen: Have been residing there for the last -- ? Mr. Flanagan: And 40 of them have been there for at least 20 years. That is their home. That is their neighborhood. That is also their community. I've also included for the record, under tab 5, the management plan of Family Boarding Home, Inc. and the resumes of its two principals, Leonor Gonzalez and Ruben Corteguera. I ask that you please focus, as Chairman Sanchez said, on the sole issue of the change of ownership -- Commissioner Allen: Right. Mr. Flanagan: -- not on the use, not on parking -- Commissioner Allen: Right. Mr. Flanagan: -- not on placement. Commissioner Allen: (UNINTELLIGIBLE), right. Mr. Flanagan: All of those matters are the subject of a code enforcement hearing. The code enforcement officer has ruled in favor of Family Boarding Home, Inc. Commissioner Allen: Right. Mr. Flanagan: Ruled against the City; it's on appeal. You have in your packets, that I believe staff gave you, copies of that code enforcement order. That is an issue for a -- Commissioner Allen: Right. Mr. Flanagan: -- separate day, a separate forum, not you, so I ask, please, that the comments be kept strictly to ownership and that is -- be the only item that influences your decision, as difficult as that may be. I'm available for any questions, and if I could reserve some time for rebuttal City of Miami Page 161 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 after the opposition speaks. Commissioner Allen: Right. Chairman Sanchez: OK. Mr. Flanagan: Thank you. Commissioner Allen: Yeah, and Mr. Chairman, quickly. I just want to -- Chairman Sanchez: Yes, sir. Commissioner Allen: -- turn to Mr. City Attorney quickly. As it relates to the ownership, and that's strictly the issue that we're confronted, this only is going to apply to these four properties. Mr. Fernandez: Correct. Commissioner Allen: That's the only issue as relates to -- Mr. Fernandez: I believe five property, not four. Commissioner Allen: Five -- four or five properties. Mr. Fernandez: Five -- Commissioner Allen: Correct? Mr. Fernandez: -- property. Mr. Flanagan: The properties at 1024 and 1026 -- Commissioner Allen: Right. Mr. Flanagan: -- I9th Ave. are -- they're contiguous and they're generally counted as one. Mr. Fernandez: Well -- Mr. Flanagan: There's actually -- Chairman Sanchez: All right. Mr. Flanagan: There are five buildings. Chairman Sanchez: Listen, well, you reserve some time for rebuttal. All right. All those that will be speaking on the item, and basically, you -- we got to limit the discussion as to the application process basically. Counsel, correct me if I'm wrong. Commissioner Allen: Right, just to change of own -- Mr. Fernandez: Say that again, Commissioner, I'm sorry. Commissioner Winton: Yes. Chairman Sanchez: The opposition needs to focus on irrelevant issues pertaining to this, which would be -- City of Miami Page 162 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Mr. Fernandez: It's very limited to the change of ownership -- Chairman Sanchez: Right. Mr. Fernandez: -- and the special exception -- Commissioner Allen: Right. Mr. Fernandez: -- criteria. Commissioner Allen: Not getting into the character of use and that sort of -- Mr. Fernandez: Nope. Commissioner Allen: Right. Mr. Fernandez.: And if they do, you may find them out of order. Commissioner Allen: Right. Chairman Sanchez: Yes, sir. Augusto Maxwell: Hi. My name is Augusto Maxwell. I have offices at Akerman Senterfitt, at 1 Southeast 3rd Avenue. It is my privilege tonight to represent before you the Shenandoah Homeowners' Association and George and Linda Schmidt. They sought me out not only because I have extensive experience as a government lawyer. I had the privilege of working with the County Attorney's office for 11 years, and I'm intimately familiar in what the scope of your authorities are and are not, and what it takes to defend one of your decisions, and 1 might note on that point that I am a member of the Florida Bar in good standing, and 1 have been directed by my clients to defend any decision that you are prepared to make today that is favorable to the position that we have made, which is simply that you should not approve the special exception. I do not share your attorney's pessimism as to your likelihood of prevailing, and I would point out a few issues. First of all, the provision, as a matter offact, exists. It is why we are here today. 1t is why you are asking to put your name and your vote on a proceeding. If it were unconstitutional, if it were improper, you would not be here, but you have been elected to hold this hearing. This application has been brought before you and you are being asked to approve a special exception after a public hearing, and it is my position that, at the end of the day, you are the ultimate arbiters and interpreters of your Zoning Code, and if there is sufficient competent evidence to support that decision, it will prevail in a court of law. If we can point out the facts that were before you today that indicate remarkably enough that the City of Miami is not the defendant, is not the type of person that this law seeks to correct, I believe the odds of your prevailing increase. The Fair Housing Act and those laws that sought to make sure that these individuals with these illnesses were treated fairly were not aimed at the City of Miami, whose zoning code has been hijacked and now bears the full brunt of these activities. 1 would dare suggest that the object of the Fair Housing Act is communities, perhaps, and other parts of Dade County that are not accepting their fair share of these homes. I believe that you can draw great confidence from the fact that the facts that are out there today show, if anything, that what is occurring today is grossly unfair to the City of Miami, and that by enforcing its Zoning Code, by looking at the evidence that is presented to them can judiciously be held to determine that what it did was not unfair, but was a reasonable exercise of its police powers. I regret the opportunity -- yes, sir. Commissioner Allen: Oh, no, no, no. No, go ahead. City of Miami Page 163 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Mr. Maxwell: I regret the op -- the fact that I have not had the opportunity to, you know, more fully discuss this with your City Attorney, but the point of the matter is, this is not a slam dunk. This is not, as a matter of law, unavailable to you, and I believe that when you hear the full set of facts and when you look at this special exception provision in light of your Zoning Code, in light of State law, in light of federal law, it cannot be said that you are bound to approve the ownership transfer of these properties in an area where these homes are grossly over - concentrated, where this ownership transfer was not brought to you at the time at which it was acquired, but 14 years after the fact. Commissioner Winton: Whoa. Mr. Maxwell: Where the transfer of ownership on its face grossly violates the integrity of your zoning act. They are presenting to you -- they ask you to approve, and you're here, you're being asked to approve this. They're asking you, Mr. Commissioner Winton, Commissioner Regalado, Commissioner Sanchez, Commissioner Allen, they're asking you to approve this transfer of ownership in light of the fact that it grossly violates the integrity of your Zoning Code, to which you're also equally bound to do. This is not simply an abstract academic matter. If1 can quote from the words of my able opponent, what this is about is the ownership, the ability of these folks to operate these properties in a way that makes sense. I believe he goes -- that goes directly to the heart of this application. What 1 would like to share for you on that very point are your own Police Department police records for the last four years, for these very four homes that were produced by your NET (Neighborhood Enhancement Team) office. Commissioner Winton: For the last how many? Mr. Maxwell: Four years. Chairman Sanchez: Four years. Mr. Maxwell: 2004 to 2000 -- can 1 get a copy? If we are looking at the ownership of these folks, and that's what they asked you to do. They ask you to look at the license and look at their r esume and look at their management plan. Well, I ask you to look at your own police records, and you will find that, since the year 2000 to 2004, there have been 408 calls for service, 408 calls for service. The beautiful irony of that number is that 408 calls for service is equal to 408 weeks that were under the survey. They have exactly one call for service from these properties a week -- Commissioner Allen: Counsel. Mr. Maxwell: -- on average over four years. Commissioner Allen: Counselor, let me ask you, how many convictions were as a result -- Mr. Maxwell: I'm not -- this is not reflected there. As a matter of fact, you will see very few arrests. What you're looking at are calls for service to the police arising from these facilities. You will see -- and I wish I -- we tried to have a police officer from the NET off ce available today. Apparently, he was not available, but you will find that there is one call per week. If you look at that data a little more carefully, you will notice that about 25 percent of those calls, one call a month is for a missing person. They have lost track of someone, and they -- or someone has called the police to track them down. If we are here only on the quality of ownership, if we are here only on whether this is an appropriate transfer, I believe it is fair for you to look at these police records. I believe it is fair for you to determine that, under these circumstances that are before you, your own City records, this transfer is not appropriate. Look at their letter of intent. Their letter of intent says to you, I want you to approve the following: I want you to approve the transfer of not one, two, three -- I want you to approve the transfer of five ALFs and City of Miami Page 164 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 I'm going to provide you these licenses. You look at the licenses and they are alleging that they have the right to have 72, not 62, 72 patients at this. On its face, it violates your Zoning Code. At most, you're allowed to have six patients in an R-1 zone within 1, 000 feet of another facility. You look at on the face of the application, they're asking you to ignore the rest ofyour code and simply -- well, of course, we're going to transfer your rights, preexisted to you -- to this new owner for five facilities for 72 patients, 14 years after the fact. It was for those very reasons that your Zoning Board, which is charged with having greater professional concentration and awareness ofyour Zoning Code, recommended you deny this because it makes a mockery of your Zoning Code, and it's for that reason that those professionals, those persons who are less influenced by the politics and the passions of the day looked at the Zoning Code and said, I believe this is a farce, and we will not simply ministerially move it on and push the problem to someone else. If you hear the testimony -- and we have -- if the folks can stand up from the Shenandoah Homeowners' -- these folks have been here a very long time. If you want to hear the stories that we had to the Zoning Appeals Board, you will have a woman who one of these patients tried to snatch their baby; you will have a woman who had a mentally ill person climb over their fence; you will have persons who have suffered defecation in their front yard; you will have another person who had -- Mr. Fernandez: That's illegal. Mr. Maxwell: -- a child nearly snatched from them. You will hear stories of daily persons simply wandering the neighborhood lost. Thank you. I don't know that we need to get into that, but this is not an abstract matter for them. This is very real. This is the safety of their home, the safety of their children and the integrity of the zoning code. That's the purpose of a zoning code. If you read the zoning code, it cannot be read to mean that it will not protect the character of the neighborhood. It cannot be read to mean that it will not protect the integrity and safety and value of the surrounding properties. At the end of the day, you have to make sense of this code because it's your code, and no one has said this is illegal. This is how you are supposed to handle it. It can be argued that the reason that you have a special exception is that before you vest the new owners with estoppel rights, there ought to be a review. Has our enforcement been select that we have now created a situation that is unsustainable? Have you, perhaps, reached the point where a legal nonconforming use is no longer allowed under your code? One of the issues that has not been explored by your staff is the fact that your code only allows a legal nonconforming a life of 20 years. They say they've been here for 40 years, or 30, or 20, or 15. Well, to the extent that they have established their estoppel rights as of 1980, or as of 1984, under your code, that illegal nonconforming use expires after 20 years. Commissioner Allen: You're correct. Mr. Maxwell: So there are any way -- any number of ways under your code that we, as lawyers, can discuss it, but at the end of the day, I believe it's your responsibility to protect the integrity of that code for the purpose that it was meant to have; protect the integrity and the character of the neighborhood in a way that makes sense. It cannot be said, at the end of the day, that the City of Miami, under any act of law, is compelled to accept this type of overconcentration of use, and I welcome the opportunity to make that argument. I think for four independent reasons you may deny this. You may deny it because it comes to you 14 years after the fact. You may deny it because, on its face, there are five properties that are within 1, 000 feet of each other. I believe you can deny it because they come to you with licenses for usages which are each violative of the R-1 zone, each of these properties has more than six patients in the facility; and I believe you can, independently of all those reasons, deny it for the police records that you have there that speak to the very character of the ownership that you're being asked to transfer. Based on those, 1 would respectfully request that you deny this application, and I'm available to you, as well as the neighborhood, to answer any of your questions. Chairman Sanchez: Before we go on the rebuttal, will anybody be speaking on this item? City of Miami Page 165 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Mr. Maxwell: It's at your pleasure. Chairman Sanchez: OK. Well, we don't -- Mr. Maxwell: If you want us to, we -- Commissioner Winton: No. Chairman Sanchez: Counsel, I think you made a great presentation. Commissioner Allen: Right. Commissioner Winton: Perfect. Chairman Sanchez: OK, so, sir -- counsel, you have, let's say three minutes for rebuttal. Commissioner Allen: Right. Mr. Flanagan: OK. Chairman Sanchez: You know, I just -- Mr. Flanagan: I'll try and speak quick Chairman Sanchez: -- want to be fair. Commissioner Allen: Right. Chairman Sanchez: I mean, he had plenty of time. Would you be comfortable with three minutes, or would you like five minutes for rebuttal? Mr. Flanagan: In the interest to keep you all happy, I'll speak quickly at three. Throwing however many pages of police reports at you is -- looks impressive. However, you'll notice there for 2000, 2001, '02, '03 and '04, my clients took control of the corporate entity Family Boarding Home, Inc. in May of 2003, so you can get rid of '00, '01 and '02 police reports. You can also get rid of 19 out of the 45 police calls for the year 2003, almost half of the 2003 sheet goes away. That's an impressive difference from the people who were controlling it before in the sheer number of calls. Correctly enough, there are very few arrests, and actually, there are very few -- what do I see, one or two aggravated or simple assaults that don't end up in an arrest. Not easy controlling 62 individuals with a handicap. 1 think they do a darn good job of it based on these police reports, when there are a couple aggravated or simple assaults listed and that's about it. Missing persons, yes. You know why there are so many of those on there? Because State law requires my client to report to the police a missing report -- missing persons report if the resident's gone for over 24 hours. These individuals aren't in lockdown. They're free to come and go, in an attempt to live a normal life that we are able and fortunate enough to enjoy, so if they're gone for the 24 hours, my client is responsible, required to report that to the police, which they do, which is evidenced by the missing persons reports here. I think that takes care of the police report. Excuse me. The transfer of the ownership does not violate your code, as was asserted. It -- the ownership doesn't go to use, doesn't go to location, doesn't go to any of the issues that are currently part of a code enforcement matter pending between the City. Again, those are all appropriate for that arena. The ownership, nothing in the code stipulates who you must be or what experience you have or must have in order to own and operate a facility of this nature. I believe the record in front of you, between the State licenses and certificates -- City of Miami Page 166 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Commissioner Allen: Counsel, let me ask you because -- what you should be addressing is the questions that counsel brought up on his case in chief, if you will. He also spoke about the application on its face as violative of the zoning ordinance. It states "X" amount of individuals, but yet, it exceeds it, so can you address that issue? Why is the application itself as counsel pointed out, not in compliance? Mr. Flanagan: With all due -- Commissioner Allen: Well, he said on his -- Mr. Flanagan: -- respect to counsel, he's wrong. Commissioner Allen: -- on its face. On its face, he said the ap -- right. Mr. Flanagan: He's wrong. Again, the location of the facilities, the number of clients is not what's before you. On the letter of intent, you attempt to give the broader picture, obviously, so when you get it in your packet -- Commissioner Allen: Right. Mr. Flanagan: -- you get a feeling -- Because these are items quasi-judicial, which you are not allowed to discuss in advance of a public hearing, the intent is to give you a broad as picture as possible as to what you will be reviewing; so again, the use, the number of facilities, the number of patients is not part of the ownership. Commissioner Allen: But -- Mr. Flanagan: The ownership is strictly -- Commissioner Allen: -- wouldn't the ownership -- the issue of the application goes to the ownership, right? That's how you make a determination who's going to be the owner or the transferability of ownership. Mr. Flanagan: Correct. Commissioner Allen: So there has to be some information provided, so I'm just curious, if the counsel said that -- and correct me if I'm wrong in these numbers. Counsel, can you please come back forward? Mr. Maxwell: Absolutely. Commissioner Allen: Could you expound on that again, about the application itself? I think you said it started off with -- Mr. Maxwell: They have alleged -- they have come before you -- Commissioner Allen: Right, so this goes to the ownership. Mr. Maxwell: -- and their letter -- 72 patients -- Commissioner Allen: Right. Mr. Maxwell: -- or residents -- Commissioner Allen: OK. City of Miami Page 167 Printed on 311512005 City Commission Verbatim Minutes February 24, 2005 Mr. Maxwell: -- in five properties -- Commissioner Allen.: Right. Mr. Maxwell: -- all within -- Commissioner Allen: Right. Mr. Maxwell: -- 50 feet of each other. Commissioner Allen: Right, right. Mr. Maxwell: The Zoning Code (INAUDIBLE) -- Commissioner Winton: You have to go to the mike. Chairman Sanchez: Sir, let's get you a mike, and for the record, this is a question directly from a Commissioner. Commissioner Allen: Right, regarding the -- Mr. Maxwell: Commissioner Allen -- Commissioner Allen: -- ownership. Mr. Maxwell: -- if you look at the letter of intent, they provide you addresses, and they provide you how many residents are at each address, and you -- by looking at those addresses, you will first find, by doing the most simplest of things in an application that's in your Zoning Code, is you look at the zoning map. If you look at the zoning map, you will find that, oh, all five addresses are in the R-1 zoning district. If you read the regulations of the R-1 zoning district, you will find, yes, you may have one of these facilities with up to six residents, so long as it's not within 1, 000 feet of another facility, and you look at these addresses and you go, gee, all five of them are within 1, 000 feet of each other, and all of them request more than six residents. On its face, it is completely and grossly inconsistent with what your Zoning Code says an R-1 neighborhood should look like. Commissioner Allen: Thank you. Chairman Sanchez: Counsel, you may proceed with -- Mr. Flanagan: My clients, when they took control of Family Boarding Home, Inc. in May 2003, were what I call the innocent purchaser. They took control of the facility. It came to light after they took control that the placement of facilities violated, from a facial reading of your code. I'm told you have the City of Miami Code Enforcement Board order in your packet. I'll give my copy to the Clerk just to make sure, but this says that the City is estopped from raising the issues of the location and of the number of residents that are there. The code enforcement -- the special master ordered my client to come before you to seek the special exception approval for the change of ownership, which as Mr. Maxwell pointed out, it is a belated request. Again, purchasing it in May of '03, they were unaware that that approval had not been obtained -- Commissioner Winton: I thought that's why you did due diligence when you're buying anything. Mr. Flanagan: Mr. Winton, 1 wasn't involved then. Well, my clients took control of the corporation, so -- City of Miami Page 168 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Chairman Sanchez: All right. Mr. Flanagan: -- this -- that is the reason we're here. The other issues have been addressed, as I say again, in the Code Enforcement Board order. Therefore, the application, on its face, is not deficient. It is a single matter -- a single issue that is here at the order of the code enforcement master, and I'll give this to the Clerk for the record. Chairman Sanchez: Mr. City Attorney, and then we come back to the Commission for deliberation. Mr. Fernandez: You must presume that the application is proper in front of you. This gentleman is correct with regard to the fact that the hearing officer ruled against the City in the code enforcement proceeding. The City is appealing that -- Commissioner Winton: Oh, the hearing officer. Mr. Fernandez: -- but for all practical purposes, when the application for the special exception was filed, pursuant to a request by the hearing officer that they go ahead and file that application so that they can cure that defect, they were also the beneficiary of a ruling by that special master that found that they -- that the City lost on its arguments with regard to location, distances or the distance requirement, as well as being out of zone, all being in R-1. Commissioner Winton: Lost (UNINTELLIGIBLE). Mr. Fernandez: And so, while that is being further appealed, the fact still remains that the application was correctly and properly filed. With re -- before you begin to deliberate on this issue, let me call your attention to the fact that you must attempt very hard to devoid yourself of the emotion of the moment and a show of force by having the entire audience stand up and show their position, vis-a-vis one item or one point that's being made. There is case law that clearly says that your decision must not be swayed by the number of people in attendance showing preference for one side or the other. I will not address the issue of the police report. That has already been addressed, and the only thing that I want to reiterate for you is the -- your zoning ordinance itself 11000, really deals and really the undergirding principles that guide it is when you look at use, occupancy, location, construction, design, character, scale, it does not deal with issues of ownership. Having this requirement in that ordinance is an inconsistency that we are responsible for that, not necessarily either the neighbors or the applicant, but the City's own inability to keep its code up to date. Commissioner Allen: Mr. Chairman, could I just -- Chairman Sanchez: Commissioner Allen. Commissioner Allen: Yeah, just a quick -- Chairman Sanchez: And which we -- Commissioner Allen: -- question, one last question. Chairman Sanchez: Deliberation and then Commissioner Regalado. Commissioner Allen: Mr. City Attorney. Commissioner Winton: I thought we were going to vote. City of Miami Page 169 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Commissioner Allen: To guide us in our decision, can I -- we can rely on the substantial and competent evidence standard -- Mr. Fernandez: Yes. Commissioner Allen: -- with respect to this, correct? Mr. Fernandez: Yes. Commissioner Allen: OK. Chairman Sanchez: All right. Commissioner Regalado. Commissioner Regalado: Mr. Chairman, I move to deny the special exception for change of ownership. Commissioner Winton: Second. Chairman Sanchez: All right. There's a motion and a second. Discussion on the item. No dis -- Commissioner Regalado: My discussion is -- Chairman Sanchez: There is -- Commissioner Regalado: -- emotions are -- Chairman Sanchez: There is a -- Commissioner Regalado: -- when the Marlins win the next World Series. This is not about emotion. This is just about -- Chairman Sanchez: All right. Mad -- Commissioner Winton: The -- Commissioner Regalado: -- the law. Commissioner Winton: The -- Chairman Sanchez: Madam Clerk, roll call. Ms. Thompson: Roll call. Commissioner Allen? Commissioner Allen: No. Ms. Thompson: Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: Vice Chairman Gonzalez? Vice Chairman Gonzalez: Yes. Ms. Thompson: Commissioner Regalado? City of Miami Page 170 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Commissioner Regalado: Yes. Ms. Thompson: Chairman Sanchez? Chairman Sanchez: Yes. Ms. Thompson: The motion has been passed -- Chairman Sanchez: No applause, please. Ms. Thompson: The motion has been passed, 4/1. Unidentified Speaker: Thank you. Chairman Sanchez: And let me just state something for the record. We act as a quasi-judicial judge up here, based on the testimony that's presented to both of us. My decision was based on the statements that 1-- was presented to me. Although, I believe that State laws are State laws, it is my responsibility and my belief that it is my responsibility to protect and respect our zoning laws and the residents that we serve, period. Thank you. Commissioner Winton: And 1 would suggest, Commissioner Sanchez, that that protection goes to the people who live in these homes, but 1 would further suggest that maybe the operators of these facilities need to understand that the City of Miami is no longer going to tolerate the kind of behavior, and as far as I'm concerned, gross abuse of the rules that's been perpetrated on our city, and we are going to do everything in our power to fight as hard as we can fight to win the battle, so you got a choice. The choice is clean up your operations, do the right thing in our neighborhoods, be a good neighbor and we'll support you. Chairman Sanchez: All right. The meeting is adjourned. City of Miami Page 171 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 NON AGENDA ITEMS NA.1 05-00183 DISCUSSION ITEM A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, to direct the City Manager to execute a contract with the South Florida Workforce Board, Inc. in substantially the terms of the attached draft memorandum of understanding. 05-00183-Agreement-1.pdf MOTION Chairman Sanchez: Are there any pocket items? Commissioner Winton: Oh, yeah. Yes, I have one. Chairman Sanchez: OK. Meeting is not adjourned for the record. Commissioner Winton: This is South Florida Workforce finally come to -- Commissioner Regalado: Make my day. Commissioner Winton: -- conclusion. Commissioner Regalado: Make my day. Commissioner Winton: Finally has come to conclusion. Mr. Rosemond, the podium is yours. David Rosemond: David Rosemond, City Administration, 3500 Pan American Drive. Chairman Sanchez: All right. Before we go -- Commissioner Winton: Audience, excuse us. Chairman Sanchez: We need to be quiet. Commissioner Winton: We still have one more piece of business, so shhh. Chairman Sanchez: All right. Commissioner Winton: Thank you. Mr. Rosemond: I'm happy to report that we basically have an agreement and I'm going to request of the Commission that you approve the entering of a contract, the final details after City Attorney approval that would allow us to move forward with the Miami Works initiative. Commissioner Winton: And I understand that this is a -- this first round approving this MOU ( Memorandum of Understanding) is a temporary thing that will go to June 30, where hopefully, we can get into something much more formal; is that correct? Mr. Rosemond: Exactly. Commissioner Winton: So I move to accept the execution of the MOU between the City of Miami and the South Florida Workforce -- City of Miami Page 172 Printed on 3/15/2005 City Commission Verbatim Minutes February 24, 2005 Commissioner Regalado: Second. Commissioner Winton: -- Board to create jobs. Commissioner Allen: Second. Chairman Sanchez: All right. There's a motion to approve the MOU between the City of Miami Commissioner Regalado: Second. Chairman Sanchez: -- and South Florida Workforce Board, Inc. Mr. Rosemond: Mr. Chairman. Chairman Sanchez: Yes, sir. Mr. Rosemond; We -- the -- one of the problems that we had was it could not be an MOU. It needs to be a contract, so if your verbiage reflects that -- Chairman Sanchez: I'm -- Commissioner Winton: Well, you tell me. Contract then, then I -- Mr. Rosemond: It's a contract. Chairman Sanchez: All right. Commissioner Winton: -- withdraw "MOU" and substitute for it "contract." Chairman Sanchez: All right. There is an amendment to the original maker -- the motion, which is, instead of a Memorandum of Understanding, it is a contract between the City of Miami and the South Florida Workforce Board, Inc. There's a motion by Commissioner Winton, second by Commissioner Regalado. It is open for discussion. Commissioner Winton: One point, may I make? Chairman Sanchez: Yes, sir. Commissioner Winton: I would like to thank David Rosemond for jumping into the middle of this . It has not been easy. It has been painful. We created a little bit of pain ourselves. That's we over here, right here from this office, and my apologies, but it's done. Thank you. Commissioner Allen: Thank you. Chairman Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Any other pocket items? If not, thank you very much, staff. Thank you very much, Commissioners. Thank you very much, Mr. City Attorney. Thank you all and good night, and the meeting is adjourned. God bless you. City of Miami Page 173 Printed on 3/15/2005