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HomeMy WebLinkAboutCC 2005-03-24 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Verbatim Minutes Thursday, March 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 March 24, 2005 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES 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 EM - EMERGENCY ORDINANCES FR - FIRST READING ORDINANCES DI - DISCUSSION ITEMS ES - EXECUTIVE SESSION PART B PZ - PLANNING AND ZONING ITEMS City of Miami Page 2 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 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 March 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 10:06 a.m., with Vice Chariman Gonzalez and Commissioner Allen absent, recessed at 12:29 p.m., reconvened at 2: 42 p.m., recessed at 2:45 p.m. to convene the Executive Session, reconvened the regular City Commission Meeting at 3:03 p.m., recessed at 3:11 p.m. to convene the Midtown Community Redevelopment Agency (CRA) meeting, recessed at 3:12 p. m. to convene the Southeast Overtown /Park West and Omni CRA meeting, recessed at 3:15 p. m. to reconvene the regular City Commission Meeting, and adjourned at 5:27 p. m. Note for the Record: Commissioner Allen the entered meeting at 10:08 a.m. and Commissioner Gonzalez at 10:15 a.m. ALSO PRESENT. Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk Chairman Sanchez: (INAUDIBLE) City Hall. As a formality and courtesy, just to inform you that we'll be having a shade meeting, reference the labor contracts. As soon as the meeting is over, we'll come down and we'll call the City Commission meeting to order and we'll start. We do have three items that are time certain. I know one of them will be PZ. 7. That'll be the third one, and we'll try to get you out of here as quickly as possible, so please bear with us, OK. Thank you, and we'll be back as quickly as possible. Welcome to City Hall, our historical City Hall, here at 3500 Pan American Drive. We'll go ahead and start the meeting with the invocation and the pledge of allegiance, followed by presentation and proclamations. Prayer and pledge of allegiance. Chairman Sanchez: Before we go into the presentation, let me just say that we're going to -- we have several items that are time certain. 1 know PZ.7 is one on this morning. We'11 try to get you out of here as quickly as possible. All other PZ (Planning and Zoning) items will be heard this afternoon. We'll be back at 2:30, so ladies and gentlemen, anyone here for any PZ item, other than PZ. 7, be back here at 2:30 because we're going to try to take care of as many agenda items as we can. Let me just go -- we just had a shade meeting, and we apologize for having you here, but by law, we're required to have a closed -door shade meeting with our attorney. We also will have -- before PZ. 7, we had promised, at 10 a.m. time certain, the Audit Advisory Committee. These are professional CPAs (Certified Public Accountants), and of course, this is tax season, so we're going to get them out of here as quickly as possible, then we'll go to the consent agenda, which that shouldn't take long, and then we'll go to PZ.7, so bear with us. PRESENTATIONS AND PROCLAMATIONS PR.1 05-00255 CEREMONIAL ITEM Name of Honoree Presenter Sean Moynahan Commissioner Winton Brian Kamilar Commissioner Winton Protocol Item Distinguished Sailor Certificate Distinguished Sailor Certificate City of Miami Page 3 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 MAYORAL VETOES 05-00255-cover page.pdf 05-00255-protocol I ist. pdf Mayor Diaz presented a commendation to Mr. Willie Hayward for his heroic efforts in saving the lives of Mr. and Mrs. Perreira during a recent fire in the City of Miami. Commissioner Allen presented a proclamation on behalf of the late David Little, who was a resident of District 5 and former City of Miami employee and who had a stellar football career with the Pittsburgh Steelers. Commissioner Regalado presented a Certificate of Honor to Dr. Ney Denis Rod a Little Havana resident and member of the Code Enforcement Board and Planning Advisory Board for his dedication in volunteering many hours of service to the City of Miami. Note for the Record: Distinguished Sailor Certificates to Sean Moynahan and Brian Kamilar were not presented. Chairman Sanchez: Commissioner Allen, I believe -- Commissioner Allen: Yes. Chairman Sanchez: -- you have a resolution that you'd like to present, a proclamation? Commissioner Allen.: That's correct, Mr. Chairman, and this will be a brief resolution, if you will. Today -- later today at roughly, around 2 o'clock there will be, if you will, I consider to be a celebration. This will be the funeral of a gentleman by the name of David Little, whom I've known very well. David Little was an individual who grew up in my district, District 5, and also attended the very same high school in which I attended. Mr. Little, as you -- for those who don't know, had a stellar professional football career for the Pittsburgh Steelers, and it was only fitting, I felt, that we, as a City, on behalf of the Mayor and my fellow Commissioners, acknowledge and recognize his deeds and efforts with respect to the City. In fact, I believe David once was a City of Miami employee, and 1 think our City Manager can attest to that, but having said that, I'll just read a brief paragraph relative to Mr. Little's stellar career. It reads as follows: "Whereas: David Little's intellect and skills honed in our Florida schools -- at Miami Jackson High and the University of Florida -- propelled him to a stellar career with the Pittsburgh Steelers where, as the team's leading tackler between 1984 and 1989 and co -MVP in 1988, he was hailed by Coach Chuck Noll as "the glue who held our defense together; " so today we would like to take this opportunity and, therefore, be it resolved that, on the occasion of these services honoring the life of a City of Miami son, in the State of Florida, local authorities, on behalf of its citizens pause in our official deliberations to express solemn remorse and deepest sympathy to the family of David Little, and to that end, we want to just take -- just perhaps maybe a few seconds or two, if you will, moment in silence acknowledging the life of David Little, if you will. Thank you very much. NO MAYORAL VETOES Chairman Sanchez: There are no mayoral vetoes. APPROVING THE MINUTES OF THE FOLLOWING MEETING: APPROVED Planning and Zoning Meeting of February 24, 2005 Motion by Commissioner Regalado, seconded by Commissioner Winton, to APPROVED PASSED by the following vote. City of Miami Page 4 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez.- And 1 believe we need to approve the minutes for the Planning and Zoning meeting of February 24, 205 [sic]. Is there -- Commissioner Winton: So moved. Commissioner Allen: So move. Chairman Sanchez: -- a motion? Commissioner Winton: Second. Commissioner Allen: So move, Chairman Sanchez: There's a motion by Commissioner Regalado, 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." The minutes have been approved. ORDER OF THE DAY Chairman Sanchez: Just to place on the record certain items that are time certain. Three p.m. today, we have time certain PH 1, which is a Midtown CRA (Community Redevelopment Agency) , 3 p.m. courtesy time is the -- please exit quietly. Priscilla A. Thompson (City Clerk): I'm sorry. Chair, I cannot hear, I cannot record, I can't -- Chairman Sanchez: It's OK Ms. Thompson: -- get anything. I'm sorry. Chairman Sanchez: It's -- we'll just wait for everyone to exit, and -- you're quite welcome. We'll wait. Thank you. All right. Madam Clerk, could I proceed? Ms. Thompson: Thank you. 1 appreciate that. Chairman Sanchez: All right. Three p.m. time certain, PHI, which is the Midtown CRA, followed by a time certain, which is a CRA agenda; only three items on that agenda, right after the Midtown CRA; 4 p.m. time certain 3D.1 [sic], which is my blue page, allowing Jesse Manzano lolly in from Tallahassee so we could appoint him as the new executive director to the Mayor's International Council. At this time, 1 want to take the opportunity, as I always do, to recognize former City Commissioners. We have Willy Gort, former City Commissioner, who is here with us. Chairman Sanchez: Commissioner Winton. Commissioner Gort. Commissioner Allen: Commissioner Gort. Chairman Sanchez: Always a pleasure to have you here, sir. Commissioner Allen: Yes. City of Miami Page 5 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Willy Gort: Thank you, thank you. Chairman Sanchez: (INAUDIBLE) from recess. Before we go into an attorney -client session, let me just give you an outlook of the order of the day for this afternoon. We do have a time certain 3 p.m. Midtown CRA (Community Redevelopment Agency) meeting; at 3 also, we will be also be going into a CRA meeting pertaining to the new CRA of Midtown; 4 o'clock we will have a time certain, my blue page, which is D3.1, which is the voting of the new executive director for the international -- the Mayor's International Council; we just hired someone, and at that time after, we'll go into the consent agenda, which we did not cover this morning. Hopefully, we could do better on that one and get it through, and then we'll go straight into the PZ (Planning & Zoning) items. We did take care of PZ 7, 8, and 9, and as soon as we're done with all that, we'll go into the PZ items. All right. Madam Clerk, I believe we could go to PZ (Planning and Zoning) items? Commissioner Allen: Right. Ms. Thompson: Do you want to do your board presentations? Chairman Sanchez: Well, I don't believe my board -- the board's here yet. Commissioner Allen: Right. Chairman Sanchez: So -- well, I think they're going to be here at four -- Commissioner Allen: Right. Ms. Thompson: No, we -- Chairman Sanchez: -- so -- Ms. Thompson: I'm sorry. I'm referring to discussion items, your annual reports on City boards and committees. You had a number of them; only one person presented this morning. You have at least -- Chairman Sanchez: OK, let's -- Ms. Thompson: -- four other boards. Chairman Sanchez: -- get them out of the way. Who -- is there anybody here representing any of them? Commissioner Winton: Representing what? Chairman Sanchez: I don't think so. Commissioner Allen: Right. Chairman Sanchez: D1, none. D2, Johnny Winton -- Commissioner Johnny Winton, none. I have one that I'll take up this afternoon, as the gentleman's flying back from Tallahassee. That is the appointment of.7esse Manzano, who will be the new executive director to the Mayor's International Council. Commissioner Regalado has, as usual, four or five, and Commissioner Allen, you did yours. Commissioner Allen: Right. City of Miami Page 6 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Chairman Sanchez: Public hearing at 3 o'clock. That -- is that time certain? Yes, it is. Midtown. Yes, it is. All right. You know -- Vice Chairman Gonzalez: You want to do consent agenda or whatever you -- Chairman Sanchez: EM (emergency) -- no, consent agenda, 1 deferred it to the afternoon, I think. Commissioner Allen: Right. Chairman Sanchez: I continue to emphasize that we need to have the appropriate staff ready to testify as to any legislation or any amendments. We can't be calling the item and having to wait five or ten minutes for them to get here. You know, we need to run this agenda efficiently and expeditiously so we could serve the purpose of what we're here to do. Commissioner Allen: Right. Chairman Sanchez: It's that simple. Commissioner Allen: And I concur with you, Mr. Chairman. City of Miami Page 7 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 CONSENT AGENDA CA.1 05-00189 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 DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES, IN AN AMOUNT NOT TO EXCEED $500,000, FOR THE VIRRICK PARK LIBRARY ADDITION PROJECT ("PROJECT"); ALLOCATING THE REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $500,000, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30292, ENTITLED "VIRRICK PARK LIBRARY ADDITION;" AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SUBMISSION OF THE GRANT APPLICATION FOR FISCAL YEAR 2005-2006, SUBJECT TO THE TERMS AND CONDITIONS OF SAID GRANT APPLICATION. 05-00189-summary form.pdf 05-00189-resolution. pdf 05-0018 9-exhibit 1. pdf 05-00189-exh i b it2. pdf 05-00189-exh ib it3. pdf 05-00189-exhibit4. pdf 05-00189-exhibit5. pdf 05-00189-exh ib it6. pdf 05-00189-exh ibit7. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0176 CA.2 05-00190 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN COMPENSATION FOR THE PROFESSIONAL SERVICES OF METRIC ENGINEERING, INC., PREVIOUSLY APPROVED BY RESOLUTION NO. 03-1192, ADOPTED NOVEMBER 25, 2003, FURTHER AMENDED BY RESOLUTION NO. 04-0400, ADOPTED JUNE 24, 2004, FOR THE PROJECT ENTITLED "N.E. 71 STREET STORM SEWERS PROJECT, B-50690," FOR PROFESSIONAL ENGINEERING FEES, IN AN AMOUNT NOT TO EXCEED $40,895.03, INCREASING COMPENSATION FROM $95,250 TO $136,145.03, BASED ON THE MODIFIED SCOPE OF SERVICES REQUIRED FOR SAID PROJECT; ALLOCATING FUNDS FOR SAID INCREASE, IN A TOTAL AMOUNT NOT TO EXCEED $40,895.03, FOR SERVICES AND EXPENSES INCURRED BY THE CITY OF MIAMI, FROM CAPITAL IMPROVEMENTS PROGRAM PROJECT NO. 352216 ENTITLED "CITYWIDE LOCAL DRAINAGE PROJECTS FISCAL YEAR 2002-2006;" AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL WORK ORDER, IN SUBSTANTIALLY THE ATTACHED FORM; AMENDING RESOLUTION NO. 03-1192 TO REFLECT SAID City of Miami Page 8 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 INCREASE. 05-00190-exh ibitl .pdf 05-00190-exh ibit2. pdf 05-001 90-exhi b it2A. pdf 05-00190-exh ib it2B. pdf 05-00190-exhibit3. pdf 05-00190-exhibit4. pdf 05-001 90-exhib it4A. pdf 05-00190-exhibit5. pdf 05-0019 0-exh i b it6. pdf 05-001 90-exhib it7. pdf 05-00190-city Ietter.pdf 05-00190-city letter2.pdf 05-00190-metric Ietter.pdf 05-00190-proposal A.pdf 05-00190-proposal B.pdf 05-00190-proposal C.pdf 05-00190-proposal. pdf 05-00190-resolution.pdf 05-00190-summary form.pdf 05-00190-Supplementary proposal.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0177 CA.3 05-00191 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO ENVIRONMENTAL PERFORMANCE SYSTEMS, INC., PURSUANT TO RESOLUTION NO. 04-0212, ADOPTED APRIL 8, 2004, IN AN AMOUNT NOT TO EXCEED $300,000, INCREASING THE CONTRACT AMOUNT FROM $346,867 TO $646,867 FOR ADDITIONAL WORK REQUIRED FOR MAINTENANCE SERVICES OF THE CITY OF MIAMI'S STORM WATER INFRASTRUCTURE; ALLOCATING FUNDS FOR SAID INCREASE FROM PUBLIC WORKS GENERAL OPERATING BUDGET ACCOUNT CODE NO. 001000.311003.6.340; AMENDING RESOLUTION NO. 04-0212, TO REFLECT SAID INCREASE; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 05-00191-summary form.pdf 05-00191-pre resolution.pdf 05-00191-contract. pdf 05-00191-resolution. pdf 05-00191-exhibitl . pdf 05-001 91 -exhibit1A.pdf WITHDRAWN CA.4 05-00192 RESOLUTION City of Miami Page 9 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO NCI CONSTRUCTION CO., PREVIOUSLY APPROVED PURSUANT TO RESOLUTION NO. 04-0259, ADOPTED APRIL 22, 2004, FOR THE PROJECT ENTITLED "LAWRENCE STORM WATER PUMP STATION UPGRADES (3RD BIDDING,ROOF) B-50652," FORMERLY B-5650B, FOR ADDITIONAL PROFESSIONAL SERVICES REQUIRED FOR PROJECT MODIFICATIONS REQUIRED FOR COMPLIANCE WITH NEW BUILDING CODES IN AN AMOUNT NOT TO EXCEED $50,000, FROM $202,047 TO $252,047, FOR TOTAL PROJECT COSTS IN AN AMOUNT NOT TO EXCEED $304,793; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENTS PROJECT NO. 352216 ENTITLED "CITYWIDE LOCAL DRAINAGE PROJECTS FISCAL YEARS 2002-2006;" AMENDING RESOLUTION NO. 04-0259 TO REFLECT SAID INCREASE REQUIRED FOR SAID PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 05-00192-exhibit 1. pdf 05-00192-exhibitl A. pdf 05-00192-contract. pdf 05-00192-resolution.pdf 05-00192-pre resolution.pdf 05-00192-nci letter.pdf 05-00192-summary form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0178 CA.5 05-00193 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO NCI CONSTRUCTION CO., PREVIOUSLY APPROVED PURSUANT TO RESOLUTION NO. 04-0260, ADOPTED APRIL 22, 2004, FOR THE PROJECT ENTITLED "ORANGE BOWL STORM WATER PUMP STATION UPGRADES (3RD BIDDING, ROOF) B-50653," FORMERLY B-5650C, FOR ADDITIONAL PROFESSIONAL SERVICES REQUIRED FOR PROJECT MODIFICATIONS REQUIRED FOR COMPLIANCE WITH NEW BUILDING CODES, INCREASING THE CONTRACT IN AN AMOUNT NOT TO EXCEED $20,000, FROM $278,127 TO $298,127, FOR TOTAL PROJECT COSTS IN AN AMOUNT NOT TO EXCEED $349,350; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENTS PROJECT NO. 352216 ENTITLED "CITYWIDE LOCAL DRAINAGE PROJECTS FISCAL YEARS 2002-20006;" AMENDING RESOLUTION NO. 04-0260 TO REFLECT SAID INCREASE REQUIRED FOR SAID PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City of Miami Page 10 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 05-00193-exh i b itl .pdf 05-00193-exh ibitl A. pdf 05-00193-resolution.pdf 05-00193-co ntract. pdf 05-00193-pre resolution.pdf 05-00193-NCI letter. pdf 05-00193-summary form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0179 CA.6 05-00194 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO AUGUST CONSTRUCTION COMPANY, INC., PREVIOUSLY APPROVED PURSUANT TO RESOLUTION NO. 04-0257, ADOPTED APRIL 22, 2004, FOR THE PROJECT ENTITLED "RIVERVIEW STORMWATER PUMP STATION UPGRADES (3RD BIDDING, ROOF) B-50650," FORMERLY B-5650A, FOR ADDITIONAL PROFESSIONAL SERVICES FOR PROJECT MODIFICATIONS REQUIRED FOR COMPLIANCE WITH NEW BUILDING CODES, INCREASING THE CONTRACT IN AN AMOUNT NOT TO EXCEED $ 50,000, FROM $105,326 TO $155,326; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENTS PROJECT NO. 352216 ENTITLED "CITYWIDE LOCAL DRAINAGE PROJECTS FISCAL YEARS 2002- 2006;" AMENDING RESOLUTION NO. 04-0257 TO REFLECT SAID INCREASE REQUIRED FOR SAID PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 05-00194-exhibit. pdf 05-00194-exh i b itA. pdf 05-00194-contract. pdf 05-00194-letter. pdf 05-00194-pre resolution.pdf 05-00194-resolution. pdf 05-00194-summary form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0180 CA.7 05-00195 RESOLUTION Department of Fire- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Rescue ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "PUBLIC ACCESS DEFIBRILLATION DEMONSTRATION PROJECTS ("PADDP") GRANT AWARD FUNDS," AND APPROPRIATING City of Miami Page I i Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 FUNDS, IN THE AMOUNT OF $103,400, CONSISTING OF A PASS THROUGH GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES AND APPORTIONED BY THE MIAMI-DADE COUNTY BOARD OF COMMISSIONERS COMMENCING OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2005, AND CONTINUING FOR THE NEXT THREE YEARS IF ANY ADDITIONAL FUNDING BECOMES AVAILABLE, TO INCREASE THE SURVIVABILITY OF SUDDEN CARDIAC ARREST VICTIMS THROUGHOUT THE CITY OF MIAMI ("CITY"); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT APPLICATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR AUTOMATIC EXTERNAL DEFIBRILLATOR PLACEMENT, WITH VARIOUS SELECTIVE ORGANIZATIONS WITHIN THE CITY JURISDICTION, IN ACCORDANCE WITH THE PADDP. 05-00195-exh i b it. pdf 05-00195-resolution.pdf 05-00195-pre resolution.pdf 05-00195-lobbying activities.pdf 05-00195-appendixF.pdf 05-00195-appendixE.pdf 05-00195-append ixD. pdf 05-00195-appendixC. pdf 05-00195-appendixB.pdf 05-00195-appendixA.pdf 05-00195-PADD project.pdf 05-00195-certifications.pdf 05-00195-assu ra nces. pdf 05-00195-staffing plan.pdf 05-00195-budget justification.pdf 05-00195-budget information.pdf 05-00195-checklist. pdf 05-00195-table of contents.pdf 05-00195-application.pdf 05-00195-terms and conditions.pdf 05-00195-notice of grant award.pdf 05-00195-summary form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0181 CA.8 05-00196 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), ADOPTING THE CASH RECEIPTS POLICY AND PROCEDURES MANUAL OF THE CITY OF MIAMI, FLORIDA, ATTACHED AND INCORPORATED, RELATING TO THE MANAGEMENT, CONTINUING EVALUATION OF AND REPORTING ON ALL CASH RECEIPTS, PURSUANT TO THE STATE OF FLORIDA'S INVESTMENT OF PUBLIC FUNDS ACT TO ESTABLISH GUIDELINES FOR THE RECEIPT AND MANAGEMENT OF City of Miami Page 12 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 PUBLIC FUNDS; DIRECTING THE CITY MANAGER TO IMMEDIATELY IMPLEMENT THE GUIDELINES CONTAINED IN SAID MANUAL. 05-00196-resolution. pdf 05-00196-exh ib it. pdf 05-00196-summary form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0182 CA.9 05-00197 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR TEMPORARY USE OF MIAMI-DADE COLLEGE FACILITIES, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI- DADE COLLEGE, FOR THE DEPARTMENT OF POLICE, FOR USE OF THE DRIVING RANGE PLUS TWO (2) SKID CARS TO CONDUCT DRIVING TRAINING OF LAW ENFORCEMENT PERSONNEL, FROM MARCH 1, 2005 THROUGH DECEMBER 31, 2005, IN AN AMOUNT NOT TO EXCEED $6,585; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.270. 05-00197-exhibit 1. pdf 05-00197-exhibit2. pdf 05-00197-summary form.pdf 05-00197-resolution.pdf 05-00197-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0183 CA.10 05-00198 RESOLUTION BayfrontPark A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Management Trust CITY ATTORNEY TO TAKE ANY AND ALL APPROPRIATE ACTIONS, IN LAW OR IN EQUITY, TO PROSECUTE, PROTECT AND PRESERVE THE INTERESTS OF THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST") TO OBTAIN ANY RELIEF OR REMEDY FOR RECOVERY OF DAMAGES SUSTAINED BY THE TRUST IN RELATION TO BREACHES OF A REVOCABLE AGREEMENT EXECUTED ON OR ABOUT NOVEMBER 26, 2002, BY UNIPRO GROUP, INC., A FLORIDA CORPORATION. 05-00198-cover memo.pdf 05-00198-pre resolution.pdf 05-00198-revocable license agreement.pdf 05-00198-maps. pdf 05-00198-general agenda items.pdf 05-00198-resolution. pdf City of Miami Page 13 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0203 CA.11 05-00199 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND"), WATERWAYS ASSISTANCE PROGRAM, FOR FUNDS IN AN AMOUNT NOT TO EXCEED $1,000,000, FOR DREDGING OF THE BRENNAN CHANNEL AT DINNER KEY MARINA PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF REQUIRED MATCHING FUNDS FOR TWENTY-SEVEN PERCENT (27%) OF PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $270,000, FROM HOMELAND DEFENSE BOND CAPITAL IMPROVEMENT PROJECT NO. 326015, B-33511, ENTITLED"DINNER KEY MARINA DREDGING;" FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, FOR SUBMISSION OF THE FIND GRANT APPLICATION FOR FISCAL YEAR 2005-2006, SUBJECT TO THE TERMS AND CONDITIONS IN SAID GRANT APPLICATION. 05-00199-resolution. pdf 05-00199-exhibitl .pdf 05-0019 9-ex h i b itA. p df 05-00199-exh i b itB. p df 05-00199-exh ibitC. pdf 05-00199-exh ib itD. pdf 05-00199-exh ibit2. pdf 05-00199-exh ib itE. pdf 05-00199-exhibitE 1. pdf 05-00199-exh ib itE2. pdf 05-00199-exh ibitE3. pdf 05-00199-exh ib itE4. pdf 05-00199-exh ib itE4a. pdf 05-00199-exh ibitE4b. pdf 05-00199-exh ib itE4f. pdf 05-00199-exhibitE5.pdf 05-00199-exh ib itE6.pdf 05-00199-exh ibitE7. pdf 05-00199-exhibitE8.pdf 05-00199-Summary Form-SUB.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0205 Chairman Sanchez: We go to the first one, which is CA.11, Dinner Key Marina Dredging Project. There is an amendment to this one, correct? City of Miami Page 14 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Alejandra Argudin (Assistant Director, Conferences, Conventions & Public Facilities): Yes. Chairman Sanchez: Could you state the amendment on the record? Ms. Argudin: Sure. Alejandra Argudin, Public Facilities. The amendment is to change the matching funds from the FIND (Florida Inland Navigation District Waterways Assistance Program) grant agency from 80 percent to 73 percent. The City will be contributing 27 percent or 270,000 towards the (UNINTELLIGIBLE), and it's for dredging of the marina. Chairman Sanchez: All right. Any questions on the item? If not, we need a motion to approve. Vice Chairman Gonzalez: Move it. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Is there a second? Commissioner Regalado: Second. Chairman Sanchez: Second by Commissioner Regalado. Discussion. Hearing no discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Consent agenda 11 passes. CA.12 05-00200 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 $62,700, FOR THE ASSOCIATED COSTS TO REPLACE THE SEMINOLE PUBLIC DINGHY DOCK AT DINNER KEY MARINA PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF REQUIRED MATCHING FUNDS FOR THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $34,350, FROM THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES FISCAL YEAR 2005 GENERAL FUND OPERATING BUDGET ENTITLED "DINGHY DOCK REPLACEMENT;" FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, FOR SUBMISSION OF THE FIND GRANT APPLICATION FOR FISCAL YEAR 2005-2006, SUBJECT TO THE TERMS AND CONDITIONS OF SAID GRANT APPLICATION. City of Miami Page 15 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 05-00200-summary form.pdf 05-00200-resolution .pdf 05-00200-exh ibitl .pdf 05-00200-exh ib itA. pdf 05-00200-exhibitB.pdf 05-00200-exh ibitC. pdf 05-00200-exh ibitD. pdf 05-00200-exhibit2. pdf 05-00200-exh ib itE. pdf 05-00200-exh ibitE 1. pdf 05-00200-exh ibitE2. pdf 05-00200-exhibitE3.pdf 05-00200-exh ib itE4. pdf 05-00200-exh i b itE4a. pdf 05-00200-exh ibitE4b. pdf 05-00200-exh ib itE4f. pdf 05-00200-exh ibitE5. pdf 05-00200-exh i b itE6. pdf 05-00200-exh ib itE7. pdf 05-00200-exh i b itE 8. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0184 CA.13 05-00201 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 03-04-136, THAT THE FIRMS MOST QUALIFIED TO PROVIDE TOWN PLANNING/URBAN DESIGN PROFESSIONAL SERVICES TO BE USED FOR THE CREATION OF A LONG RANGE STRATEGIC PLAN FOR THE DEPARTMENT OF PARKS AND RECREATION, ARE, IN RANK ORDER: (1) ZYSCOVICH, INC., (2) GOODY, CLANCY & ASSOCIATES AND (3) WALTER F. CHATHAM, ARCHITECT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH ONE OF THE THREE (3) FIRMS STATED HEREIN, IN AN AMOUNT NOT TO EXCEED $500,000; ALLOCATING FUNDS FROM HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BONDS AND INTEREST, FROM CAPITAL IMPROVEMENT PROJECT NO. 331419, B-35895, PARKS MASTER PLAN; FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION. City of Miami Page 16 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 05-00201-summary form.pdf 05-00201-resol ut io n. pdf 05-00201-exhibit 1. pdf 05-00201-exh ib it2. pdf 05-00201-exhibit3. pdf 05-00201-exhibit4.pdf 05-00201 -exhibit5. pdf 05-00201-exh i b it6. pdf 05-00201-exhibit7. pdf 05-00201-exh ib it8. pdf 05-00201-exh i b it9. pdf 05-00201 -exhibitl 0. pd f 05-00201-exhibitl 1. pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0185 Chairman Sanchez: We go to 13, consent agenda 13. Carmen Sanchez: Carmen Sanchez, Department of Planning. The item that's being substituted is basically a scriber's error to reflect in the title the three consultants that were ranked, which is Zyscovich, Goody, Clancy & Associates and Walter Chatham, and also further directing the City Manager to present the negotiated agreement to the Commission for their consideration. The rest remains the same. Chairman Sanchez: Thank you very much. Any questions on consent agenda 13? Vice Chairman Gonzalez: I'll move CA.13. Chairman Sanchez: Hearing none, there's a motion by Vice Chairman Gonzalez. Is there a second? Commissioner Allen: Second. Commissioner Regalado: Second. Chairman Sanchez: Second by both Commissioner Allen and Commissioner Regalado. Discussion on the item. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. CA.14 05-00159 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY JULIANA RUIZ, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $50,000 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 JULIANA RUIZ VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE City of Miami Page 17 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 COUNTY, CASE NO. 04-4296 CA (21), 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. 515001.624401.6.653. 05-00159-cover memo.pdf 05-00159-budget.pdf 05-00159-resolution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0186 CA.15 05-00202 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TANGUY DELASSAGNE, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $38,500 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 TANGUY DELASSAGNE V. CITY OF MIAMI, ET AL., IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, CASE NO.03-05563 CA (06), UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.651. 05-00202-cover memo.pdf 05-00202-budget.pdf 05-00202-resolution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0187 CA.16 05-00203 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY THE SUM OF $600,000 TO SALE & KUEHNE, P.A., KENDALL COFFEY, P.A., GELLER, GELLER, GARFINKEL & FISHER AND GELLER, GELLER, BESKIN, SHIENVOLD FISHER AND GARFINKEL, L.L.P. , IN FULL SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, FOR ATTORNEYS' FEES AND COSTS INCURRED FOR THE REPRESENTATION OF JOE CAROLLO, IN STATE AND FEDERAL LITIGATION PROCEEDINGS RELATED TO THE NOVEMBER 1997 ELECTION FOR MAYOR OF THE CITY OF MIAMI, AND A SUBSEQUENT CONTESTED CHARTER AMENDMENT, UPON EXECUTION OF A GENERAL RELEASE ON A FORM ACCEPTABLE TO THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE CITY OF MIAMI SELF - City of Miami Page 18 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001. 624401.6.652. 05-00203-cover memo.pdf 05-00203-budget.pdf 05-00203-resolution. pdf Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Allen Noes: 1 - Commissioner Regalado Absent: 1 - Commissioner Winton R-05-01 93 Chairman Sanchez: We move on to 16. Commissioner Regalado, you're recognized for CA.16. Commissioner Regalado: Thank you, Mr. Chairman. This is for the City Attorney and I know that the City Attorney will tell us that this was an order of the court. This dates back to 1997, related to the November of 1997 election for mayor of the City of Miami, and a subsequent contested Charter amendment. It's the payment of $600, 000 to Mr. Ben Kuehne, Kendall Coffey and Mr. Joe Geller, regarding the former Mayor Carollo's litigations. The only question that I have here is that I was here and I remember those elections, and 1 remember those absentees and the court battle, but on the media here before this board, the attorneys that represented Mayor Carollo said that they were doing this pro bono. Well, if nobody has changed the dictionary, pro bono is free, so unless a court has decided that pro bono is no longer free, 1 would just like to know why do we need to pay. Jorge L. Fernandez (City Attorney): In the fourth litigation that ensued, where the attorneys were subrogating under the claim of Mayor Carollo, the claim was presented for all of the litigation in which Carollo, as a City official, was represented and ultimately vindicated in his position, and bills were submitted by the law firms alluding expenditure of time and resources and the like for each of those representations. In the court, we argued against some of those bills in terms of their amount and in terms of Carollo's entitlement, and the court has, in essence, ruled against the City on those amounts. The original amount requested for attorneys' fees and costs was in excess of $1, 000, 000. I have reviewed the settlement between these attorneys on behalf of Carollo, although now the claim is held by the attorneys and not by Carollo, and feel that settling for approximately $0.50 on the dollar or half of what is being claimed to have been spent on legal fees and clause is fair and reasonable to put an end to a chapter in the City of Miami that was very, very controversial. Commissioner Allen: Mr. -- Commissioner Regalado: But the other question is why now? Why so many years after the fact? Mr. Fernandez: Because basically we have delayed, we have litigated, we have found -- tried to find ways of having the City not be responsible for these expenses and it has come under my watch to bring it to you, and it's literally taken this long partly as a result of strategies that were being pursued and a lawsuit that we were not successful on. Commissioner Allen: Mr. Chairman, if I may, just -- I'm sorry. Chairman Sanchez: Are you done, Commissioner Regalado? Commissioner Regalado: I'm done. I'm done. City of Miami Page 19 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Chairman Sanchez: Commissioner Allen -- Commissioner Allen: Just a quick question. Chairman Sanchez: -- and then I'll close. Commissioner Allen: Mr. City Attorney, the current state of the law, as it relates to any sitting official, be it mayors or city commissioner, if litigation ensues pursuant to their capacity, as I said earlier, a sitting commissioner or a mayor -- Mr. Fernandez: Official capacity, correct. Commissioner Allen: Official capacity -- there is a duty, right, to provide legal services to that individual, right? And then the City has an obligation to pay; am I correct? Is that the current state of law? Mr. Fernandez: Correct. The common law states that if vindicated or iffound to have been on the prevailing side, the City has an obligation to make that City official whole. Commissioner Allen: OK. Commissioner Regalado: But in the Charter amendment, the City prevailed. Mr. Fernandez: In the Charter amendment that was being proposed to put on the ballot, my understanding was that Commissioner Carollo succeeded in preventing the City from putting that measure on the ballot. Commissioner Regalado: Well -- Chairman Sanchez: All right. Mr. City Attorney, based on the resolution that is in front of us, you are directing us in best faith and good practice to settle this lawsuit. Mr. Fernandez: Yes, sir. Chairman Sanchez: And, Commissioner Regalado, 1 am one that was here and 1 do not want to remember the past, the embarrassment that was caused to this City and to the people that we serve through all those embarrassing times that we had. 1 think we need to give closure to a dark period in Miami's history, and we just need to move forward and I think this will give closure to those embarrassing times in the City, so we must have courage to move forward, so we move forward. All right. All in favor, say -- Is there a -- there wasn't a motion? OK. Is there a motion on CA.16? Commissioner Allen: I make a motion to -- Chairman Sanchez: Approve. Commissioner Allen: -- move the item, CA.16. Chairman Sanchez: There's a motion to approve CA. 16. Is there a second? Vice Chairman Gonzalez: I second it. Chairman Sanchez: There's a motion by Commissioner Allen, second by Commissioner Regalado -- I'm sorry, Vice Chairman Gonzalez. It is open for discussion. Hearing no City of Miami Page 20 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 discussion, all in favor, say "aye." Anyone in opposition, having the same right, say "nay." Commissioner Regalado: No. Chairman Sanchez: There's one "no, " Madam Clerk, on the Consent Agenda 16. CA.17 05-00204 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 04-0335, ADOPTED MAY 27, 2004, FOR THE PROVISION OF UNIFORMS AND ACCESSORIES, BY INCLUDING THE USE OF GRANTS AS AN ADDITIONAL FUNDING SOURCE FOR FUTURE FISCAL YEARS, SUBJECT ONLY TO BUDGETARY APPROVAL. 05-00204-summary form.pdf 05-00204-pre resolution.pdf 05-00204-resolution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0188 CA.18 05-00206 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO TERMINATE ANY AND ALL RIGHTS OF MIAMI ROWING AND WATERSPORTS CENTER, INC. ("MRWC"), WHETHER EXPRESS OR IMPLIED, FOR THE USE AND OCCUPANCY OF CITY OF MIAMI-OWNED PROPERTY LOCATED AT 3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA ("PROPERTY") , FROM JANUARY 1, 2004 - FEBRUARY 28, 2005; AND ACCEPTING $85,339.31 FROM MRWC AND ITS PROGRAM OPERATOR SWIM GYM, INC. AS CONSIDERATION FOR OCCUPANCY AND USE OF THE PROPERTY FOR THE PERIOD OF JANUARY 1, 2004 TO FEBRUARY 28, 2005. 05-00206-resolution .pdf 05-00206-ex h i b it l .pdf 05-00206-exh ibit2. pdf 05-00206-Summary Form- SUB.pdf Motion by Commissioner Regalado, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0189 Chairman Sanchez: We move to Consent Agenda 18. There's also an amendment to Consent Agenda 18. Could you state that amendment on the record -- for the record. Laura Billberry: Yes. Lori Billberry, Economic Development. The resolution before you provided for rescinding a previous resolution of the Commission. The Law Department determined that that was not necessary to rescind it. We will be terminating the Miami Rowing & Watersports Center's current use of the site and the next item provides for a new agreement. City of Miami Page 21 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Chairman Sanchez: All right. Commissioner Regalado: I'll move -- Chairman Sanchez: There's a motion -- Commissioner Regalado: -- CA.18. Chairman Sanchez: -- by Commissioner -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- Regalado, second by Vice Chairman Gonzalez. It is open for discussion. Any discussion? As amended, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. CA.19 05-00205 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE REVOCABLE LICENSE AGREEMENTS ("AGREEMENTS"), IN SUBSTANTIALLY THE ATTACHED FORM, WHICH ARE REVOCABLE AT -WILL, WITH SWIM GYM AQUATICS, INC. , A FOR PROFIT CORPORATION; MIAMI ROWING AND WATERSPORTS CENTER, INC., A NOT FOR PROFIT CORPORATION; AND MIAMI OVERSEAS CHINESE ASSOCIATION, INC., A NOT FOR PROFIT CORPORATION (COLLECTIVELY "LICENSEES"); FOR LICENSEES, TO OCCUPY AND USE APPROXIMATELY 1.96 ACRES OF CITY OF MIAMI OWNED- PROPERTY LOCATED AT 3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, WITH OTHER TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENTS. 05-00205-resolution. pdf 05-00205-exh ibit1. pdf 05-00205-exh ib it2. pdf 05-00205-exhibit maps.pdf 05-00205-Summary Form-SUB.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0190 Chairman Sanchez: And we move on to CA.19. Laura Billberry (Assistant Director, Economic Development): CA.19 is a resolution authorizing three agreements with Swim Gym, Miami Rowing & Watersports Center and the Miami Overseas Chinese Association, commonly known as the Dragon Boats, for use of the site on Virginia Key. The amendment that was given to you was to include a sample license agreement that will be executed between the City and the respective parties. The license agreement contains our standard boiler plate language, such as insurance and termination rights. The business terms that were previously in the Commission package have all remained the same and continue to City of Miami Page 22 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 remain the same. Vice Chairman Gonzalez: Move CA.19. Chairman Sanchez: OK. There's a motion by Vice Chairman -- Commissioner Regalado: Second. Chairman Sanchez: -- Gonzalez, second by Commissioner Regalado. Discussion on the item. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and that should take care of the consent agendas. CA.20 05-00208 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT TO THE OPERATING AGREEMENT ("AMENDED AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE DEPARTMENT OF OFF- STREET PARKING ("DOSP"), DATED AUGUST 8, 2002, TO PROVIDE AN INCREASE, IN AN AMOUNT NOT TO EXCEED $45,000, FROM $50,000 TO $ 95,000, IN THE CITY'S FUNDING TO DOSP FOR THE DESIGN AND CONSTRUCTION OF RESTROOM FACILITIES AT THE BOAT RAMP PARKING LOT TO BE LOCATED ON WATSON ISLAND, MIAMI, FLORIDA, SUBJECT TO DOSP'S COMPLIANCE WITH CERTAIN TERMS AND CONDITIONS RELATED TO THE USE OF SAID FUNDS AS MORE PARTICULARLY SET FORTH IN SAID AMENDED AGREEMENT; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO. 311047, B-75000. 05-00208-exh i b it. pdf 05-00208-resolution. pdf 05-00208-pre resolution4.pdf 05-00208-attach mentB. pdf 05-00208-attach me ntA. pdf 05-00208-project agreement. pdf 05-00208-second amendment.pdf 05-00208-operating agreement.pdf 05-00208-pre resolution3.pdf 05-00208-pre resolution2.pdf 05-00208-pre resolution1.pdf 05-00208-summary form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0191 CA.21 05-00209 RESOLUTION City of Miami Page 23 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Department of Conferences, Conventions and Publilc Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, AMENDING RESOLUTION NO. 01-869, ADOPTED SEPTEMBER 13, 2001, APPROVING THE ACQUISITION OF REMOVAL SERVICES FOR DERELICT VESSELS WITHIN THE CITY OF MIAMI WATERWAYS FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES, FROM DOCK AND MARINE CONSTRUCTION, INC. AND BLUE WATER MARINE SERVICES, INC., SUBJECT TO ANY EXTENSIONS, BY CHANGING THE FUNDING TERM FROM AN AGGREGATE BASIS TO A RECURRING ANNUAL BASIS AND BY CHANGING THE EXPENDITURE THRESHOLD LEVEL FROM AN AMOUNT NOT TO EXCEED $68,000, TO AN AMOUNT NOT TO EXCEED $150,000; ALLOCATING FUNDS FROM SPECIAL REVENUE ACCOUNT NO. 110021.350124.6.340 AND ANY OTHER AVAILABLE FUNDING SOURCES, SUBJECT ONLY TO BUDGETARY APPROVAL. 05-00209-summary form.pdf 05-00209-contract award sheet.pdf 05-00209-sectio n2. pdf 05-00209-sectio n3. pdf 05-00209-pre resolution.pdf 05-00209-resolution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton R-05-0192 Adopted the Consent Agenda Votes: Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton END OF CONSENT AGENDA Chairman Sanchez: All right. We'll go ahead and -- let's go ahead and -- CA, consent agenda. Commissioner Allen: The consent items. Chairman Sanchez: Yeah, Victor Igwe already gave his presentation, correct? Priscilla A. Thompson (City Clerk): Yes. Chairman Sanchez: Yes, OK. Commissioner Allen: Yes. Chairman Sanchez: CA items, Commissioner Regalado, who had to leave, has asked that CA.16 and CA.3 be pulled; further discussion when he gets back in the afternoon. Is there any other items the Commissioners or the administration are willing to pull? Madam Clerk, any item that is pulled from this agenda will automatically -- City of Miami Page 24 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Jorge L. Fernandez (City Attorney): Yes. Chairman Sanchez: -- roll over into -- Alicia Cuervo Schreiber (Chief of Operations): CA.11 -- Chairman Sanchez: -- excuse me -- will automatically roll over into April the 28th agenda. Ms. Thompson: Thank you. Chairman Sanchez: OK. That's stated on the record. Madam Attorney --1 mean, Madam City Manager. Ms. Cuervo Schreiber: CA.11 has an amendment. It needs to be pulled to be clarified. Chairman Sanchez: All right, we'll pull that one for clarification. Any other items that are -- Mr. Fernandez: Yes. Commissioner Allen: Just for clarification purposes, you did mention CA.3 as being pulled for discussion. Chairman Sanchez: CA.3 is being pulled by Commissioner Regalado. Commissioner Allen: Discussion. Thanks. OK. Mr. Fernandez: Correct. Now, the -- you have just been distributed four items that are substitute items. They're Consent Agenda 13, 18 and 19 in the consent agenda. Those three, you need to -- if you pass them on consent, you need the record to state that they have been -- you've been given substitute item for those. Chairman Sanchez: No, sir. Mr. City Attorney, we will not do that. We will pull them and -- Mr. Fernandez: Pull them, all right. Chairman Sanchez: -- discuss them, and we'll have those amendments put on the record. Mr. Fernandez: There you go. That's the way it should be done. Chairman Sanchez: All right. I think that's the proper procedure to follow here at City Hall. Commissioner Allen: Right. Mr. Fernandez: Exactly. Chairman Sanchez: We run things by the book here. Commissioner Allen: Right. Chairman Sanchez: All right, so those items were, so we could get -- Mr. Fernandez: Those items were CA. 3 and 16, as indicated earlier -- Chairman Sanchez: Well, those are -- City of Miami Page 25 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Mr. Fernandez: -- and then -- Chairman Sanchez: -- going to be pulled for discussion, reference Commissioner Regalado. Mr. Fernandez: Correct. Then you have been given substitute items for CA.13, 18 and 19, and staff needs to explain to you why those are substitute items. Chairman Sanchez: All right, so CA.3, CA.10 are being pulled until this afternoon, allowing Commissioner Regalado the opportunity to address those, and then we have CA.18 and 19 that have been pulled for an amendment or -- Mr. Fernandez: Correct. Chairman Sanchez: An amendment, OK. Commissioner Allen: For amendment clarification. Chairman Sanchez: For amendment clarification. Mr. Fernandez: And also 11. Keep in mind that the administration has asked you to pull CA.11. Chairman Sanchez: CA.11 is also pulled. Commissioner Allen: It is for clarifications or -- purposes? Ms. Cuervo Schreiber: For clarification on the monetary amount, there was a scrivener's error. Commissioner Allen: Right. Chairman Sanchez: OK, so are there any discussion on the pending CRA (Community Redevelopment Agency) items? Ms. Thompson: Excuse me, Chair. Chairman Sanchez: I mean, CA items. Ms. Thompson: Excuse me, Chair. If I might, tabled is CA.3 and 16? Chairman Sanchez: Yes, ma'am. Ms. Thompson: And then pulled for discussion, because there are substitutes, are -- did 1 hear 13, 18, and 19, or did I hear only 18 and 19? Commissioner Allen: You heard -- if I may, 18 and 19 was pulled for clarification discussion, because they're amendments, correct? Ms. Cuervo Schreiber: 13 -- CA.13, CA.18 -- Commissioner Allen: 18. Ms. Cuervo Schreiber: -- and CA.19 -- Commissioner Allen: Correct. Ms. Cuervo Schreiber: -- are going to have substitute items. CA.11 and CA.3 are being City of Miami Page 26 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 modified on the floor for errors. Commissioner Allen: Correct. Chairman Sanchez: Madam Clerk, do you have that already? OK. Commissioner Allen: Right. Ms. Thompson: Thank you. Chairman Sanchez: Is there a motion to accept the remaining CA items? Commissioner Allen: Mr. Chairman, I move to -- Chairman Sanchez: I need a motion. Commissioner Allen: I'm sorry. Mr. Chairman, I make a motion to accept, as the consent agenda, the remaining items, with the exclusion of the aforementioned consent agenda items. Chairman Sanchez: There's a motion to accept the remaining items on the consent agenda. Is there a second? All right , we don't have a second, so we go back to square one. Vice Chairman Gonzalez: I won't second until I read the amendments, because nobody has explained to me the amendments, you know. I mean -- Chairman Sanchez: All right. Well -- Vice Chairman Gonzalez: -- this deal of bringing -- Chairman Sanchez: -- Mr. City -- Vice Chairman Gonzalez: -- amendments at the time of voting -- Chairman Sanchez: -- Mr. City Manager -- Vice Chairman Gonzalez.: -- on an issue -- Chairman Sanchez: Mr. City Manager, as the Chair, this will not happen again. Joe Arriola (City Manager): OK. Vice Chairman Gonzalez: 1 hope not. Chairman Sanchez: All right. We need to run these -- you know, 1 work very hard to try to run these meetings very efficiently and in decorum, and try to get everything as -- done, passed, but when we have this sort of like this -- and I know that we've had a very hectic agenda today with the PZ 7, 8 and 9, but consent agenda is usually the easiest things, and we need to have ample opportunity as to any amendments that are being made. You need to make sure that administration make sure that they're given to the Commission, and I'm prepared right now to pass the gavel and defer all items, with supplements, to the next Commission meeting because, you know, we can't allow this. Mr. Arriola: Let's be honest. All three items are like -- were mathematical corrections that they were made. There were -- this is amendment, like CA.18 and 19 is between two -- the people are doing the Miami Rowing Club. We had to make a minor adjustment to the contract, not a major City of Miami Page 27 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 adjustment, nothing. It was kind of a wording amendment that was required by -- I think it was Law Department brought it up. It was not a big thing, but if you want to change them, you can change them, but I'm telling you, these are like one word, two words, things that they had to change in the last moment. Vice Chairman Gonzalez: Mr. Chairman. Commissioner Allen: Yes. Vice Chairman Gonzalez: No. Mr. Manager, my concern is that, you know, this is -- it's not a good practice, that at the time that we're ready to vote on an item -- Mr. Arriola: I understand. Vice Chairman Gonzalez: -- we're handed a substitute item without having a chance to read it and to know what we're voting on. Me personally -- and I'm sure my colleagues think the same way -- I don't like to vote on something that I haven't read that I don't know what I'm voting on, so, you know -- Chairman Sanchez: All right. Vice Chairman Gonzalez: -- if you're going to amend any item, then, you know, try to give it to us early in the morning or at least an hour before we're going to take the vote, so we have a chance to read it and see what we're doing because, you know, I don't want to defer the items today. I know some of these items are important for the administration to go through so we can get things moving, but at the same time, I personally need the time to read the changes before 1 give my vote on it. Chairman Sanchez: All right. All -- Mr. Arriola: I understand. Chairman Sanchez: -- CA items are being deferred to this afternoon. PA. 1, let's go. We've got to rock and roll, folks. City of Miami Page 28 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 PERSONAL APPEARANCES PA.1 05-00226 DISCUSSION ITEM REPRESENTATIVE(S) FROM THE STATE ATTORNEY'S COMMUNITY OUTREACH DIVISION TO ADDRESS THE COMMISSION REGARDING INFORMATION ABOUT OUTREACH PROGRAMS. 05-00226-letter. pdf 05-00226-Submittal-1. p df DISCUSSED Chairman Sanchez: All right. We'll get through this agenda. All right. Let's go to PH.1. Are we -- Vice Chairman Gonzalez: I'll move P -- Chairman Sanchez: -- ready on PH.1? Vice Chairman Gonzalez: I have a question. Mr. City Manager? Commissioner Allen: Mr. City Manager? Chairman Sanchez: Hey, could we have your -- could we have the administration staff ready to answer any questions? Vice Chairman Gonzalez: Mr. City Attorney? Mr. City Attorney? Jorge L. Fernandez (City Attorney): Yes. Vice Chairman Gonzalez: Right here, right here. PH.1, does this present any kind of liability to the City? Mr. Fernandez: This is the -- no, it doesn't. PH.1 does not represent any liability to the City. Vice Chairman Gonzalez.: I'll move PH.1, Mr. Chairman. Chairman Sanchez: All right. There's a motion. Is there a second? Commissioner Allen: A second, Mr. Chairman. Chairman Sanchez: This is just a discussion item. You need to put in a legislative -- Priscilla A. Thompson (City Clerk): Have we said PA.1 or -- Commissioner Allen: Well, you know what? Chairman Sanchez: P -- Ms. Thompson: -- PH.1? Commissioner Allen: Wait. You know, that's a good question, Mr. City Clerk. Did you happen - Chairman Sanchez: PA (personal appearance) -- City of Miami Page 29 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Commissioner Allen: -- to say PH (public hearing)? Chairman Sanchez: PA.1. Commissioner Allen: PA. I. Commissioner Winton: Oh, PA. Commissioner Allen: So I think -- Ms. Thompson: That's not what he said. That's not what -- Vice Chairman Gonzalez: Oh, I understand. Ms. Thompson: That's what -- Chairman Sanchez: It's a discussion item -- Commissioner Allen: Right. Chairman Sanchez: -- from the State Attorney's Community Outreach Division to address the City Commission regarding information about outreach program. You can proceed. Sorry about that. It's -- Ulises Martinez: I'll make sure next time that 1 ask to speak in front of you to check the agenda. Chairman Sanchez: Please do, please do. Mr. Martinez: Thank you very much for this opportunity. My name is Ulises Martinez. My partner is Frank Piloto. We're here on behalf of Katherine Fernandez Rundle, the State Attorney . The reason that we're here is that we would like to provide information about programs and seminars that we have for the community, programs such as children printing, children info cards, domestic violence, identity theft, worthless checks, and elderly abuse, among other programs. We come to your community upon request, whether it's from elected official, community leaders, or any kind of event that you may have in your area. By having this program, we try to reduce the rate of crime; bringing our office to the community. We would like for you to take advantage of this programs that we have by calling us in front of the brochure that my partner is going to give to you. You can contact via e-mail or phone. That will be upon request, and well be there to see what can we do and work together. Commissioner Allen: Thank you. Mr. Martinez: That's it. Chairman Sanchez: Thank you so much. Any questions? Thank you so much, sir, for the presentation, and continue to do a -- do your good deed. It's a great program. Thank you so much. Any questions on the item? If not, thank you for the presentation. Mr. Martinez: Thank you very much. Chairman Sanchez: Thank you. PA.2 05-00233 DISCUSSION ITEM PRESENTATION BY THE LITTLE HAVANA ADVISORY BOARD TO ADDRESS THE COMMISSION REGARDING THE LITTLE HAVANA City of Miami Page 30 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 REVITALIZATION INITIATIVE. 05-00233-summary form.pdf DISCUSSED Chairman Sanchez: All right. PA.2 is being deferred to the afternoon. We go to the Mayor's resolution. Is there anyone from the Mayor's office here? Commissioner Allen: The Mayor's -- can someone alert the Mayor? Chairman Sanchez: You know, listen, we're -- no, that's -- all right. No one's here. Let's pass. Listen, you know, the administration has to have its staff ready when the item comes up. Commissioner Allen: The Mayor. Chairman Sanchez: The Mayor has to have his staff ready. Commissioner Allen: Right. Chairman Sanchez: There are -- ma'am -- Madam Clerk, there's one presentation that we were not able to do. I will be asking that that presentation be rolled over to the April 14 meeting, and that is the Little Havana -- are we prepared to do that because we're done, Steve? I think -- well, let's just do it. We have a board member who's here. He's going to go ahead and do it. Priscilla A. Thompson (City Clerk): PA.2. Chairman Sanchez: All right. Do we have the video ready? All right. This is a presentation from the Little Havana Homeownership Advisory Board and we have representing that board Oscar Rodriguez, who sits on that board. Let me just give you a history of how this was created The Little Havana Homeownership Advisory Board was created when the University of Miami did a study many years ago and found out that only seven percent of residents living in Little Havana were property owners, and being that that area is -- many times has been called the Ellis Island of the south, we focused on putting together a homeownership that would cater to those that are willing to move back into Little Havana or those that have lived there for many years, and through the market rate of housing, have not been able to afford a home. The success story is one that I want him to share with you because I think that the board has done a tremendous job. This is a board that gets no money whatsoever for administration cost, zero. Zero cost for administration cost. It is a board comprised of realtors, attorneys, bankers, developers, et cetera, et cetera, and they've done a tremendous job, and I want Oscar, who is here, to give the presentation and showcase their great success, and I believe that 31 individuals have been able to become homeowners through this process, and we have several projects that we have been able to partner up with the private sector and developers to make sure that those individuals could accomplish the American dream and that is to become property owners. We've been able to do that by not taking just one building and labeling it as affordable housing or low-income housing; we've been able to mix it up with the private sector so people aren't branded as, you know, affordable housing, and it's just -- we've had a tremendous success with this, and Oscar, at this time, I'd like you to present your presentation to this board and show your video, so Oscar Rodriguez, you have the floor, sir. Oscar Rodriguez: Thank you, Commissioner. My name is Oscar Rodriguez, vice chair of the Little Havana Homeownership Advisory Board. At this time, if you could focus on the monitors, I'd like to present the video, and then say a few words after. (At this time, an audio -video presentation was made.) Mr. Rodriguez: Thank you, Commissioner. Two of the main goals of the Little Havana City of Miami Page 31 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Homeownership Advisory Board is to work with developers for a common goal, and that is to provide attainable homeownership for the individual that lives in the revitalization district, and the second thing is to help those residents, as well, qualify for their first-time home. This is particularly important, we feel at the board, because in the midst of the current real estate boom that the City of Miami is experiencing, there's one sector of people that tends or can be neglected, and that is the working middle class. At the board, we have made it a top priority, with rising land costs and with -- and rising construction cost, prices continue to go further and further up, and this is the sector of people who stands to be threatened the most, and that is why this was -- this board was formed, and that is the common goal that we're all working towards, so you know, with that, I think the video said it all, and if there are any questions, I'd be happy to take them. Chairman Sanchez: Well, 1 want to take this opportunity, first of all, to thank you and thank the entire members of that board who have worked tirelessly and have given up many hours of their time to make sure that this board succeeds. I want to emphasize again that the beauty of this is that there is no administration costs. All our money goes directly into the hands of people who qualify to accomplish the American dream of becoming property owners. I think I've always said that government has no responsibility in purchasing land and developing land. We have a great opportunity to partner up with the development in our community to make sure that we assist those that, as you stated, are left out in that process and all they need is just a little push and guidance so they could become property owners, and I'll tell you, the biggest difference of any great community or neighborhood is when people own property, they take pride in their neighborhoods and neighborhoods are more cleaner, and neighborhoods are safer because people take pride, so once again, I just want to thank everyone who has worked, the staff, the administration for their support, and this is just one of many successes -- stories that we're going to be able to showcase here in the City of Miami, if we adopt and follow this model of homeownership, so thank you so much and God bless you. Mr. Rodriguez: Thank you, Commissioner. Chairman Sanchez: All right. Is there any pocket items? I think Commissioner Regalado had one. He snuck it in with the blue pages. You have any other pocket items? Commissioner Regalado: No, I had three. Chairman Sanchez: All right. If there's none, Madam Clerk, thank you so much. Five -twenty is not that bad. I know we had a -- we did have a rocky beginning at first -- (Applause) Chairman Sanchez: -- but it won't happen again, so thank you so much, and I think a motion to adjourn is in order. Is there a motion to adjourn? Commissioner Regalado: Move it. Commissioner Winton: Move. Chairman Sanchez: 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 to adjourn is always welcomed. Good night. City of Miami Page 32 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 05-00225 RESOLUTION Citywide A RESOLUTION OF THE MIAMI CITY COMMISSION CO -SPONSORING THE "25TH ANNIVERSARY OF MARIEL" LIVE BROADCAST WITH UNIVISION CHANNEL 23 AND MIAMI-DADE COLLEGE, SCHEDULED FOR APRIL 28, 2005, AT THE DOMINO PLAZA IN LITTLE HAVANA, MIAMI, FLORIDA; DIRECTING THE CITY MANAGER TO ASSIST WITH TECHNICAL AND GENERAL SERVICES ASSISTANCE FOR THE EVENT, BUT NOT LIMITED TO INCLUDE WAIVER OF FEES. 05-00225-resolution.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0174 Chairman Sanchez: Mr. Mayor, I believe you have your item. Yes, it's M.1. It's a resolution of the Miami City Commission cosponsoring the 25th Anniversary of Mariel Live Broadcast with Univision Channel 23 and Miami -Dade College, scheduled for April 28, 205 [sic], at Domino Plaza, in Little Havana. Mayor Manuel A. Diaz: Sorry I'm not dressed appropriately. 1 was outside talking to people. I didn't -- Chairman Sanchez: It's all right. Mayor Diaz: -- realize I was going to -- Commissioner Winton: He was chastising you, also. Chairman Sanchez: All right. Mayor Diaz: Mr. Chairman, thank you. I'd like your support on this. As you know, this year is the 25th anniversary of the Mariel Boatlift. Miami -Dade College, Univision and others are staging a series of events to honor all the tremendous contributions that so many Cubans who came from Mariel have made, and this one in particular is at Domino Park, and 1 think will be incorporated as part of our Viernes Culturales, our Cultural Fridays at Domino Park, so I ask for your support. Chairman Sanchez: All right. Is there a motion? Vice Chairman Gonzalez: Mr. Chairman, I'll move M.1. Commissioner Winton: Second. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez, second by Commissioner City of Miami Page 33 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 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." Madam Clerk, that was a resolution. DISTRICT 1 VICE CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON DISTRICT 3 CHAIRMAN JOE SANCHEZ D3.1 05-00253 DISCUSSION ITEM District3 DISCUSSION OF A RESOLUTION BY THE COMMISSION OF THE CITY OF MIAMI APPROVING THE APPOINTMENT OF AS EXECUTIVE DIRECTOR OF THE MAYOR'S INTERNATIONAL COUNCIL AT AN ANNUAL SALARY NOT TO EXCEED $68,500 PLUS BENEFITS. 05-00253-email.pdf (D3.1 DISCUSSED Discussion on Item D3.1 resulted in the resolution below: 05-00253a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), APPROVING THE APPOINTMENT OF JESSE MANZANO-PLAZA AS THE EXECUTIVE DIRECTOR OF THE MAYOR'S INTERNATIONAL COUNCIL, WITH COMPENSATION, AND EMOLUMENTS AS LISTED IN "EXHIBIT A," ATTACHED AND INCORPORATED. 05-00253a-Exhibit A.pdf 05-00253a-Resume.pdf Motion by Commissioner Regalado, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0202 Chairman Sanchez: All right. Before we go back to the PZ (Planning and Zoning) item, let's go ahead and take one item, which is my item, which is D3.1, and that is we need an approval from this Commission to appoint the Executive Director of the Mayor's International Council. The search committee interviewed and they came forth with a recommendation of a gentleman by the name of Jesse Manzano, who is here today. Jesse, could you come up and give us a little bit of your history? I know you worked for the Governor in the international trade, and therefore, we basically need a motion to approve Jesse Manzano as the new Executive Director of the Mayor's International Council. City of Miami Page 34 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Jesse Manzano-Plaza: Mr. Chair, Commissioners, Manager, my name is Jesse Manzano. 1 currently hold the position of Senior Protocol International Affairs Liaison for Governor Bush's office. We are based here in Miami, at our international office; that we moved here in 2003, and prior to that, I've worked for Governor Bush in several capacities in his office as deputy speech writer, as liaison for international affairs, as well and also doing other activities in his campaigns in '98 and 2002. Chairman Sanchez: All right. We need a motion. Commissioner Regalado: Move it. Chairman Sanchez: Do we have a motion? Commissioner Regalado: Move it. Chairman Sanchez: There's a motion by Commissioner Regalado, second by -- Commissioner Allen: Second. Chairman Sanchez: -- Commissioner Allen. It is open for discussion. Hearing none, it's a resolution basically hiring him as the executive director -- Commissioner Allen: Right. Chairman Sanchez: -- and the annual salary not to exceed 68,500, plus benefits. Commissioner Allen: I just want to say something. Chairman Sanchez: Yes. Commissioner Allen: He's a fine candidate, so -- I've had a chance to speak with him, and he's going to, you know, provide our vision for the City with respect to the international market. Mr. Manzano-Plaza: I appreciate -- Commissioner Allen: Appreciate it very much. Mr. Manzano-Plaza: -- it, Commissioner. Thank you. Chairman Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Congratulations. Hook forward to working with you. Mr. Manzano-Plaza: Thank you, Chairman. Thank you, Commissioners. Chairman Sanchez: OK. Do we have the homeowners -- Little Havana Homeowners -- Homeowner Advisory Board here yet? All right. DISTRICT 4 COMMISSIONER TOMAS REGALADO City of Miami Page 35 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 D4.1 05-00249 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE CITY ATTORNEY'S OFFICE AND THE ADMINISTRATION ON FAMILY BOARDING HOME INC. 05-00249-cover memo.pdf DEFERRED D4.2 05-00250 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE ADMINISTRATION ON THE STATUS OF THE MEETING BETWEEN THE ADMINISTRATION AND FAA OFFICIALS TO DISCUSS THE OPERATIONAL NOISE MITIGATION PROCEDURES ENVIRONMENTAL ASSESSMENT FOR MIAMI INTERNATIONAL AIRPORT. 05-00250-cover memo.pdf 05-00250-MIA letter.pdf DEFERRED D4.3 05-00251 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE CITY ATTORNEY'S OFFICE ON THE STATUS OF THE APPEAL REGARDING THE MIAMI-DADE COUNTY PROPERTY APPRAISER NON -BINDING STRAW BALLOT QUESTION. 05-00251-cover memo.pdf DEFERRED D4.4 05-00254 DISCUSSION ITEM District 4 DISCUSSION ABOUT THE 2005 BILLBOARD MUSIC AWARDS/ TELEMUNDO EVENT. 05-00254-cover memo.pdf MOTION A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, authorizing the City to cosponsor the 2005 Billboard Music Awards event and further waiving the fees for placement of banners throughout the City advertising said event. Chairman Sanchez: Commissioner Regalado, you're recognized for four items. Commissioner Regalado: Thank you, sir. Next April, Telemundo, the Hispanic network, will be having the 2005 Billboard Music Awards in downtown Miami and my motion is for the City to cosponsor the event so we can waive the fees for the banners that need to be placed throughout the City of Miami so they can -- Commissioner Winton: Second the motion. Commissioner Regalado: -- advertise this event. Chairman Sanchez: There is a motion with a waiver of the banners by Commissioner Regalado, second by Commissioner Winton. It is open for discussion. Hearing no discussion, all in favor, City of Miami Page 36 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. DISTRICT 5 COMMISSIONER JEFFERY L. ALLEN D5.1 05-00256 DISCUSSION ITEM District 5 DISCUSSION CONCERNING THE CITY MANAGER'S EMERGENCY FINDINGS, WAIVING COMPETITIVE BIDDING PROCEDURES, AND AUTHORIZING PBSJ, TO INSPECT AND PROVIDE PROFESSIONAL SERVICES FOR STRUCTURAL, PLUMBING, ELECTRICAL, HVAC, ROOFING TO BUILDINGS LOCATED AT TOWN PARK PLAZA VILLAGE, TOWN PARK PLAZA NORTH, AND TOWN PARK PLAZA SOUTH, COSTING AN AMOUNT NOT TO EXCEED $125,000.00, USING FUNDS FROM THE HOME INVESTMENT PARTNERSHIPS PROGRAM ("HOME") FUNDS ALLOCATED TO DISTRICT 5 HOUSING INITIATIVE PROJECT UNDER RESOLUTION R-04-0190. 05-00256-email. pdf Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Allen Absent: 2 - Commissioner Winton and Regalado A motion was made by Commissioner Allen, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioners Regalado and Winton absent, to direct the City Manager to reschedule Item D5.1 for the Commission meeting currently scheduled for April 28, 2005. A motion was made by Commissioner Allen, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioners Regalado and Winton absent, to reconsider the prior motion rescheduling Item D5.1 for the Commission meeting currently scheduled for April 28, 2005. A motion was made by Commissioner Allen, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioners Regalado and Winton absent, to direct the City Manager to reschedule Item D5. 1 on the next regular Commission meeting, currently scheduled for April 14, 2005. Commissioner Allen: All right. Mr. Chairman, if you will, I did -- Chairman Sanchez: Yes, sir. What is the item that you would like to be taken out of order? Commissioner Allen: Yeah, I did request your indulgence because I do have some elderly individuals here. Chairman Sanchez: Which item is that, Commissioner? Commissioner Allen: It's a discussion item on district -- discussion item that I have here. City of Miami Page 37 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Chairman Sanchez: You want to go to Commission districts? Commissioner Allen: Yes. Chairman Sanchez: All right. Commissioner Allen, you're recognized. Commissioner Allen: Right. If you could -- Chairman Sanchez: D5.1. Commissioner Allen: This shouldn't take very long, right. OK. Mr. Chairman, this is a -- Chairman Sanchez: All right. Let's ga. Commissioner Allen: Right. Mr. City Manager, I might need you on this particular item. I'll let you just -- you want to take a minute or two? OK. Right. Chairman Sanchez: Let's go. Commissioner Allen.: All right. Mr. Chairman, this is a District 5 item. This is a discussion item concerning the City Manager's emergency finding, waiving competitive bidding procedures, and authorizing PBSG [sic] to inspect and provide professional service for structural plumbing, electrical, HVAC (heating, ventilation and air-conditioning), roofing to the buildings located at Town Park Plaza Village, Town Park Plaza North and Town Park Plaza South, costing an amount not to exceed $125, 000, using funds from the Home Investment Partnership Program allocated to District 5 Housing Initiative Project under resolution R-04-0190, and we do have some of the residents here, if they can just come forward quickly to the podium. What we're recommending here is due to the health and safety hazard to this particular -- Chairman Sanchez: Commissioner Allen -- Commissioner Allen: -- structure. Chairman Sanchez: -- may I interrupt you on this? Why are we doing this on a blue page? Commissioner Allen: Well, this is something that, Mr. Chairman, that has been an ongoing issue, even prior to my appointment, and as such, it's gotten to a point where it's becoming a definite health issue and concern to the residents in my district as relates to this particular property, so we had decided, along with my staff to bring this up as a discussion item. We've consulted with the City Manager. The City Manager, if I'm not mistaken, we were in agreement to try to get this issue moving, and so we came up with a cohesive plan here to place this on as a discussion item to try to alleviate this problem so we don't have something -- a problem going forward in the foreseeable future. Chairman Sanchez: And I -- Commissioner Allen: And I think Ms. Rodriguez might want to weigh in. Barbara Gomez -Rodriguez: If I can address -- Barbara Rodriguez, Department of Community Development. Commissioner Allen: Right. Ms. Gomez -Rodriguez: We can discuss it. We cannot allocate the funds -- City of Miami Page 38 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Commissioner Allen: Right. Well -- Ms. Gomez -Rodriguez: -- because we do need to, number one, advertise it -- Commissioner Allen: Yeah, that's my point. I was going to -- Ms. Gomez -Rodriguez: -- and we need to work -- Commissioner Allen: I agree. Ms. Gomez -Rodriguez: -- with your office to identify -- Commissioner Allen: Right. Chairman Sanchez: Commissioner -- Ms. Gomez -Rodriguez: -- who's going to do it; the City cannot. Chairman Sanchez: -- my concerns -- Barbara -- Commissioner Allen: Yeah. Chairman Sanchez: -- my concerns have been answered. Ms. Gomez -Rodriguez: Correct. Chairman Sanchez: So this -- Commissioner Allen: Yeah. I was going to -- Chairman Sanchez: -- this is basically directing the City Manager to put it on the regular agenda and then -- Ms. Gomez -Rodriguez: Correct. Chairman Sanchez: -- we could proceed with it. Commissioner Allen: Correct. Ms. Gomez -Rodriguez: Right. Commissioner Allen: For the next agenda, we'll -- Chairman Sanchez: All right. Commissioner Allen: -- address the substantive nature of this in terms of a potential awarding, but, however, this is a discussion item concerning the substantive nature of it; that is, for public purposes, the health and safety concerns of the district. I do believe the madam wanted to say something quickly. You want to identify yourself for the record? Unidentified Speaker: Yeah. Commissioner Allen: Ms. Green. Yes. Elsie Hubbard: My name is Elsie Hubbard and I live at Town Park -- City of Miami Page 39 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Commissioner Allen: District -- Ms. Hubbard: --Village Number 1 (UNINTELLIGIBLE). Commissioner Allen: Yes. Ms. Hubbard: And -- OK. I'm -- you know, you all voted for us to repair Town Park Village. We been there 34 years, and the City Manager and the Mayor (UNINTELLIGIBLE) our papers, but we've come before Mayor so he can -- we can get started by April the 1st. All our pipes are busting out there and we doing repairs where we can't even pay the mortgage. We have the -- the building so old, they coming apart, the railings, so it's very urgent that the Mayor give the go -ahead for the fund that you all already allogated [sic] to us -- Commissioner Allen: Thank you. Ms. Hubbard: -- because -- Commissioner Allen: Oh, I'm sorry. No. Go ahead. I'm sorry. Ms. Hubbard: OK, so -- Commissioner Allen: I thought -- Ms. Hubbard: -- you know, when we was up there -- and I look at your district and I just admire you gentlemen [sic], what all you doing; you even doing the roads out there, and you know, our district -- and you've taken your pictures -- we want our place fixed up where you feel free to come out there and have the camera to take your picture. You know, we been dealing -- we been running a long time to get some fund. We're all senior citizen, and if you live in a place 34 years, you want to own that place. You know, I've been there 34 years and 1 suppose to own that place since 30, but we been had so many problems with the place. The pipes wasn't like they is now; they rusted out from under the ground. They wasn't put down correct. Our buildings are cracking, mold. We have kids out there, so you know, when you -- we come down here, you all said -- we brought the whole co-op -- and you said you immediately start on that. I know you gave BAME (Bethel African Methodist Episcopal) funds to start to repairing buildings, which the funds you give to BAME didn't even prepare the buildings. He didn't do a good job out there, and he did about -- I say he did $30, 000 worth of work out of $200, 000, so you know, we need help now -- Commissioner Allen: Yes. Ms. Hubbard: -- and the only way we can get it is the City Manager let us have it now. Chairman Sanchez: Thank you, ma'am. Commissioner Allen: Thank you. Chairman Sanchez: This resolution -- Commissioner Allen: Right. Chairman Sanchez: -- addresses your concerns. Commissioner Allen: This (UNINTELLIGIBLE) concern, and this will be rolled over ( UNINTELLIGIBLE), so thank you very much. City of Miami Page 40 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Chairman Sanchez: Thank you. Vice Chairman Gonzalez: All right. Commissioner Allen: OK. Free to move on. Right. Chairman Sanchez: Yes, ma'am. Lillian Slater: My name is Lillian Slater. I live at 1640 Northwest 4th Avenue, Apartment IOC. I'm the president of Town Park Village, so is Ms. Hubbard; she's the vice president, and we have been struggling for many years. We come and we ask for help, and I thank God we're getting it now, but we just want you all to remember that we want you continue help us get started there on the work so we can have a decent place to live because it's -- you know, we need to painting and the City give us some violation about the painting. We don't have no money; you remember this. Commissioner Allen: OK. Ms. Slater: And -- but we cooperating. We doing the best we can, and we want you -- Commissioner Allen to just kind of get the Commission there to step it up -- Commissioner Allen: Right. Ms. Slater: -- a little bit -- Commissioner Allen: OK. Ms. Slater: -- so we won't -- Chairman Sanchez: All right. Ms. Slater:: -- get -- Commissioner Allen: Thank you very much. Ms. Slater: -- into trouble with (UNINTELLIGIBLE). Commissioner Allen: Right. Chairman Sanchez: Thank you, ma'am. Commissioner Allen: Thank you. Ms. Slater: Thank you, darling. Marie Wims: Good evening. I'm Marie Wims from Town Park Plaza South. We before y'all this afternoon asking that you all have looked over our resolution that was in here, and we needs help in Town Park Plaza South very bad. We need drainage and the buildings fixed, and -- so I'm just hoping that you all can be assistant to us -- Commissioner Allen: Right, OK. Ms. Wims: And 1 believe you will. OK. Commissioner Allen: Thank you very much. City of Miami Page 41 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Chairman Sanchez: Thank you, ma'am. Ms. Wims: And God bless you. Chairman Sanchez: Need a motion directing the City Manager to have this item placed on the next regular agenda meeting, which is April the 28th. Commissioner Allen: Yes. I make a motion -- Chairman Sanchez: There is a motion. Commissioner Allen: -- Mr. Chairman. Chairman Sanchez: Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: 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. Commissioner Allen: Thank you. Chairman Sanchez: All right. Let's try to get some of these -- Commissioner Allen: Oh, no, wait, wait, wait. Strike that. You said the 28th; it'll be the next agenda, the April 14 -- 15. Unidentified Speaker: 14. Priscilla A. Thompson (City Clerk): 14. Commissioner Allen: 14. The April 14. Chairman Sanchez: All right. Motion to reconsider the 28. Commissioner Allen: It'll be moved April the 14. Chairman Sanchez: There's a motion by -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- Commissioner Allen, second by Commissioner Gonzalez. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion has been -- Jorge L. Fernandez (City Attorney): Reconsidered. Chairman Sanchez: -- reconsidered. City of Miami Page 42 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Commissioner Allen: Reconsidered. Chairman Sanchez: Is there a motion for the April -- Commissioner Allen: 14. Mr. Fernandez: 14. Chairman Sanchez: -- 14 meeting? Commissioner Allen: A motion for the April 14. Chairman Sanchez: Motion by Commissioner Allen -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- second by Commissioner Gonzalez. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. OK. The item will be placed at the next Commission meeting. Commissioner Allen: Thank you, Mr. Chairman. City of Miami Page 43 Printed on 5/2/2005 City Commission 3:00 P.M. Verbatim Minutes March 24, 2005 PUBLIC HEARING PH.1 05-00211 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADOPTING THE FINDINGS OF MIAMI-DADE COUNTY (" COUNTY") THAT: A BLIGHTED OR SLUM AREA EXISTS IN THE MIDTOWN REDEVELOPMENT AREA; THAT REBUILDING, REHABILITATION, CONSERVATION, AND REDEVELOPMENT OF THE AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS, AND WELFARE OF THE RESIDENTS OF THE CITY OF MIAMI ("CITY") AND THE COUNTY; THAT THE REDEVELOPMENT AREA IS A SLUM OR BLIGHTED AREA AS DEFINED IN SECTION 163.340, FLORIDA STATUTES; AND THAT THERE IS A NEED FOR A COMMUNITY REDEVELOPMENT AGENCY TO CARRY OUT THE REDEVELOPMENT PURPOSES PROVIDED FOR IN FLORIDA'S COMMUNITY REDEVELOPMENT ACT OF 1969; ACCEPTING THE COUNTY'S DELEGATION OF AUTHORITY TO CREATE A COMMUNITY REDEVELOPMENT AGENCY; CREATING THE MIDTOWN COMMUNITY REDEVELOPMENT AGENCY ("MIDTOWN CRA"), WITH GEOGRAPHIC BOUNDARIES AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED; AND DECLARING THE CITY COMMISSION TO BE THE MIDTOWN CRA SEPARATE, DISTINCT, AND INDEPENDENT FROM THE CITY COMMISSION WITH ALL THE RIGHTS, POWERS, PRIVILEGES, DUTIES, AND IMMUNITIES OF A COMMUNITY REDEVELOPMENT AGENCY 05-00211-resolution.pdf 05-00211-exhibitA.pdf 05-00211-pre resolution.pdf 05-00211-redevelopment study.pdf 05-00211-interlocal agreement.pdf 05-00211-master report.pdf 05-00211-dade resolution.pdf 05-00211-dade memos.pdf 05-00211-miami dade item.pdf 05-00211-notice of public hearing.pdf 05-00211-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-05-0194 A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously, to appoint Commissioner Johnny Winton as Chairman and Commissioner Jeffery Allen as Vice Chairman of the Midtown Community Redevelopment Agency (CRA). Chairman Sanchez: I believe we go now to time certain. PH.1. Joe Arriola (City Manager): You want to do CA (consent agenda)? City of Miami Page 44 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Chairman Sanchez: Well, we'll get back to CA. We got time certain. We might as well go with the time certain. Are we ready with the -- PH.1 ? That's the Midtown CRA (Community Redevelopment Agency. Laura Billberry: Yes. The item before -- Lori Billberry, Economic Development. Last year, the Commission had approved an interlocal agreement between the County and the Midtown CDD ( Community Development District), which, among other things, set forth that the County and the City would create a Midtown CRA. On March 1, the County Commission took the first step in allowing the creation of -- authorizing, excuse me, the City Commission to create that CRA. The item before you today now is to create the Midtown CRA and to appoint the Commission as the board to that CRA. The purpose of the CRA is limited to the payment of the debt service on the bonds issued by the CDD in accordance with the interlocal. The bonds will fund the public parking decks and garages and public plaza. Any excess tax increment revenues after payment of the debt services will be returned to the City and County on a proportionate basis. Chairman Sanchez: All right. Ms. Billberry: If you have any questions -- Commissioner Winton: And so -- Chairman Sanchez: Are there any questions on this resolution? Commissioner Winton: Move it. Chairman Sanchez: There -- Commissioner Allen: Second. Jim Villacorta (Assistant City Attorney): It's a public hearing. Commissioner Winton: Oh. Chairman Sanchez: It's a public hearing. 1 apologize. Before we take action from the Commission, it is a public hearing. Anyone from the public wishing to address PH.1, which is a resolution creating the Midtown CRA, which is a public hearing, please step forward and be heard or recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. There is a motion by Commissioner Winton, second by Commissioner -- Vice Chairman Gonzalez. It is open for discussion. Is there any discussion in the Commission? Commissioner Winton: Just one quick comment because I think the public's always interested in this whole CRA thing. This is not your standard CRA. Commissioner Allen: CRA. That's correct. Commissioner Winton: It's very limited purpose. Commissioner Allen: Right. Commissioner Winton: And you would anticipate the CRA Board would meet how many times a year? Ms. Billberry: Twice a year. City of Miami Page 45 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Commissioner Winton: Twice a year, so very special purpose; twice a year. Chairman Sanchez: Why don't we put the purpose into the record, which is basically -- Commissioner Winton: She did. Commissioner Allen: To -- Chairman Sanchez: -- parking -- paying for Midtown TIF (Tax Increment Fund) to the Midtown Commissioner Allen: Right. Chairman Sanchez: -- Development for the public area, parking garage and the plaza, correct? Commissioner Allen: Yeah. Ms. Billberry: Correct. Chairman Sanchez: OK, so it's very limited. It's not like -- Commissioner Allen: Specific. Chairman Sanchez: -- another CRA, and it can't expand. Ms. Billberry: Correct. Chairman Sanchez: We need to put that -- Commissioner Winton: Bingo. Chairman Sanchez: -- into the record. Commissioner Allen: Right. Chairman Sanchez: OK, just wanted to put that on the record. Any further discussion on the item? If not, 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. Thank you. Now, we move -- Mr. Villacorta: Chairman, at this point, it would be appropriate to entertain a motion to appoint the Chair and Vice Chair of that CRA. The statute requires that the governing body of the City Commission appoint the Chair and the Vice Chair. Chairman Sanchez: All right. Is there a motion? Commissioner Regalado: Motion -- Commissioner Allen: I'd like to make a motion -- Commissioner Regalado: -- to appoint -- City of Miami Page 46 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Chairman Sanchez: Nominate. Commissioner Regalado: -- Johnny Winton as Chairman of the -- Commissioner Allen: Right. Commissioner Winton: Vice Chair. Commissioner Allen: OK, and I'll -- Commissioner Winton: And Jeff as Vice Chair. Commissioner Allen: Yeah. Chairman Sanchez: All right. There's a motion to appoint Commissioner Johnny Winton as Chair and Vice Chairman Jeffery Allen. Vice Chairman Gonzalez: Second. Chairman Sanchez: 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 unanimously. OK, so now we have to recess the City Commission meeting. City of Miami Page 47 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 ORDINANCES - EMERGENCY EM.1 05-00212 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), REVISING APPROPRIATIONS FOR CERTAIN CAPITAL IMPROVEMENT PROJECTS SCHEDULED TO BEGIN IN FISCAL YEAR 2004- 2005; AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDS IN THE AMOUNT OF $750,000, CONSISTING OF A FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE TO FIREFIGHTERS GRANT FOR FISCAL YEAR 2004; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; AMENDING ORDINANCE NO. 12622, ADOPTED DECEMBER 9, 2004, TO APPROPRIATE SAID FUNDS INTO CAPITAL IMPROVEMENT PROJECT NO. 313303 ENTITLED "FIRE DEPARTMENT COMPUTERS AND COMMUNICATIONS;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00212-summary form.pdf 05-00212-ord i n a nce. pdf 05-00212-exhibit 1. pdf 05-00212-exh ib it2. pdf 05-00212-exhibit3. pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado 12665 Chairman Sanchez: So El [sic] is a 4/5th vote. We do have a 4/5th vote. It's an ordinance on first readying. Commissioner Winton: Which one? Chairman Sanchez: EM.1. Commissioner Winton: Oh. Vice Chairman Gonzalez: I'll move EM.1. Chairman Sanchez: It's a grant, folks. Commissioner Allen: Yes. Chairman Sanchez: You know, we -- Commissioner Winton: Oh, OK, second. Chairman Sanchez: -- always accept money. Vice Chairman Gonzalez.: Right. City of Miami Page 48 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Commissioner Winton: Second. Chairman Sanchez: All right. There is a motion on EM.1. There's a second. It is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, Madam Director, please put something on the record. Shouldn't be the Fire -- should be the Fire Department here or is it you? Mary Conway (Director, CIP & Transportation): Not necessarily. EM.1 is serving two purposes . It is accepting a FEMA (Federal Emergency Management Agency) grant that will serve the Fire Department. It's also making appropriations associated with some of the swaps that had been presented before you regarding Homeland Defense Series 1 and 2, because we are now at the stage of issuing purchase orders for those projects, and that's why it's being brought before you as an emergency item. Chairman Sanchez: All right. Priscilla A. Thompson (City Clerk): And that speaker was? Ms. Conway: I'm sorry. Mary Conway, CIP (Capital Improvement Projects) and Transportation. Ms. Thompson: Thank you. Chairman Sanchez: All right. Did I open it to the public? Yes, 1 did. All right. No one from the public wishing to address this item for the record, so we come back to the Commission. Is there a motion? Commissioner Allen: Yeah, there's -- Vice Chairman Gonzalez: I'll move. Commissioner Allen: -- a motion, but one quick question. Chairman Sanchez: We need a motion and a second -- Ms. Thompson: You have -- Chairman Sanchez: -- for the purpose of discussion. Ms. Thompson: -- a motion on the second on the floor. Chairman Sanchez: All right. Commissioner Allen, you're recognized. Commissioner Allen: Yeah, just a quick question, Mary. You said something operative. You said a swap. Could you -- Ms. Conway: When we've been -- when the Capital Improvements Office -- Commissioner Allen: Right. Ms. Conway: -- has been before the Commission previously, and with each of you one-on-one, we have discussed projects that were in the first series that could not be achieved, and projects that were in the second series that could be advanced so that we can make the commitment that we've made to have all of our first series dollars committed by August of this year, so we have City of Miami Page 49 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 several of those swaps as part of this item, and we'll have additional ones in an upcoming item that will come before the Commission in April. Commissioner Allen: OK, so this is -- Ms. Conway: This is just -- Commissioner Allen: Yeah. Ms. Conway: -- doing the appropriation -- Commissioner Allen: Right. Ms. Conway: -- that allows us to issue the purchase orders in conjunction with that. Commissioner Allen: Thank you. Chairman Sanchez: All right. It's an ordinance -- it's an emergency ordinance requiring a 4/5th vote. There's a motion and second. No further discussion. Mr. City Attorney, read the ordinance into the record. The ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. Ms. Thompson: First roll call. Second roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: The ordinance has been adopted as an emergency measure, 4/0. EM.2 05-00213 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING A GRANT TO THE MIAMI ART MUSEUM OF DADE COUNTY ASSOCIATION, INC. TO SUPPORT THE DEVELOPMENT OF A NEW FINE ARTS MUSEUM FACILITY IN THE CITY OF MIAMI-OWNED BICENTENNIAL PARK, IN THE AMOUNT OF $700,000, APPROVED BY A REFERENDUM OF THE VOTERS IN NOVEMBER, 2001, AS A SPECIFIED PROJECT IN THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROGRAM; ALLOCATING SAID FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 333144 ENTITLED " MIAMI ART MUSEUM -BICENTENNIAL PARK; "AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT CO-OPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 05-0021 3-resolutio n. pdf 05-00213-exhibitl SUB.pdf 05-00213-summary form.pdf 05-0021 3-MAM.pdf 05-00213-pre resolution.pdf 05-00213-pre resolution2.pdf 05-00213-project budget.pdf 05-00213-project lists.pdf City of Miami Page 50 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0175 Chairman Sanchez: All right. EM2, it's a resolution. Vice Chairman Gonzalez.: Move EM.2. Commissioner Winton: Second. Chairman Sanchez: All right. Could we put something on the record? There's a motion and a second. Commissioner Regala -- I mean, Commissioner Gonzalez made the motion, Commissioner Winton made the second. Could we put something on the record before we open it for a discussion? Alicia Cuervo Schreiber (Chief of Operations): I have a substitute item to clarify two points. In one of the sections it extends the life of the museum from 20 years to 25 years, and in another amendment to this ordinance, we are also making all work products the property of the City of Miami. Those are the two changes in the substitute that's being handed out to you. Vice Chairman Gonzalez: All right. Ms. Cuervo Schreiber: This came from bond counsel, those changes, in reviewing the document. Commissioner Winton: Good. Chairman Sanchez: OK. Jorge L. Fernandez (City Attorney): And, again, this is a resolution, not an ordinance. Chairman Sanchez: Yeah, well -- all right, so the maker of the motion -- Vice Chairman Gonzalez: I'll -- Chairman Sanchez: -- do you accept the amendment? Vice Chairman Gonzalez: I'll accept the amendment. Chairman Sanchez: The maker of the motion accepts the amendment. Does the second -- Commissioner Winton: Yes, absolutely. Chairman Sanchez: -- also accept the amendment -- Commissioner Winton: Absolutely. Chairman Sanchez: -- the resolution, as amended? Commissioner Winton: And might I -- Chairman Sanchez: Discussion. City of Miami Page 51 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Commissioner Winton: -- put something on the record very quickly. You all -- well, I guess not you all because I think only Joe and I were here then, but -- oh, jeez, four years ago we did a -- I chaired a master planning effort for Bicentennial Park, and this is one more of the steps we're taking that's going to lead to the dream that we all had four years ago to create museum park, a fabulous new park in downtown Miami. Commissioner Allen: Good. Commissioner Winton: Call the question. Chairman Sanchez: There is -- a call the question. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone against, say "nay," Motion carries, as amended. City of Miami Page 52 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 ORDINANCE - FIRST READING FR.1 05-00214 ORDINANCE First Reading Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Department 62/ARTICLE VI/SECTION 62-156 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/ ZONING AND PLANNING FEES," TO ESTABLISH AN EXPEDITED PLANS REVIEW SERVICE AND A CORRESPONDING FEE TO COVER THE COSTS OF PERFORMING SAID REVIEW; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 05-00214-ordinance(FR-SR). pdf 05-00214-cover memo(FR-SR).pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado Chairman Sanchez: We go to FR. I, which is an ordinance on first reading. Vice Chairman Gonzalez: I'll move FR. 1. Chairman Sanchez: There's a motion. Is there a second? Commissioner Allen: I second Commissioner Winton: Second. Chairman Sanchez: There's a motion by Commissioner -- Vice Chairman Gonzalez, second by Commissioner Allen. Could we have someone put something on the record as to FR.1, ordinance on first reading? Orlando Toledo: Orlando Toledo, Zoning Administrator. This is regarding overnight reviews. It's similar to what Building, Fire, and Public Works has been doing. Chairman Sanchez: All right. It is an ordinance. It requires a public hearing. Anyone from the public wishing to address this legislative body, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission for any further discussion. Commissioner Winton: I think that, you know, in doing -- I'm all in favor. I think these are great . I -- but I think you also -- this stuff doesn't do any good if we don't have enough staff or consultants or whomever to make it work -- Mr. Toledo: In the process -- Commissioner Winton: -- so I hope that -- Mr. Toledo: -- we are -- there's already two positions that are being advertised as we speak and, hopefully, that would be the case. Commissioner Winton: OK, great, because that's a crucial issue. I know there's a backlog right now, you know, with a lot of stuff coming in, and doing these expediting processes is a great idea, but it still fails if we don't have the staff that can do it, so -- City of Miami Page 53 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Mr. Toledo: Absolutely. Commissioner Winton: --1 hope -- great. Thank you. Chairman Sanchez: All right. It's a resolution? It's an ordinance? Commissioner Allen: Ordinance. Chairman Sanchez: Mr. Attorney, could you read the ordinance into the record? The ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. City of Miami Page 54 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 DISCUSSION ITEMS DI.1 05-00215 DISCUSSION ITEM Office of the City PRESENTATION BY THE CHAIRPERSON OF THE FOLLOWING Clerk BOARDS/COMMITTEES CONCERNING THEIR ANNUAL REPORTS: - COCONUT GROVE PARKING ADVISORY COMMITTEE - AUDIT ADVISORY COMMITTEE -URBAN DEVELOPMENT REVIEW BOARD - OFF-STREET PARKING BOARD -NUISANCE ABATEMENT BOARD 05-00215-cover memo.pdf 05-00215-memol .pdf 05-00215-memo2. pdf 05-00215-letter.pdf 05-00215-memo3.pdf 05-00215-off street parking.pdf 05-00215-nuisance abatement.pdf DISCUSSED Mr. Richard Berkowitz, the chairperson of the Audit Advisory Committee, was the only individual who made a report. Chairman Sanchez: Now, we'll go to the Audit Advisory Committee. Mr. Berkowitz is here. Richard Berkowitz: Good morning, Commissioner. Chairman Sanchez: Thank you so much, sir. You're recognized for your report. Mr. Berkowitz: Thank you. Mr. Mayor, Commissioners, Mr. Manager, the City of Miami Audit Advisory Committee is a group of certified public accountants that are donating their time to the City; meet on a monthly basis, and have reviewed with the City auditors, the audit of the City; have regular discussions with the auditors of the City. We are very active in reviewing areas of internal control of the City, and at the present time, actively involved in doing whatever we can to assist in the integration of the new ERP (Enterprise Resource Planning) system and internal controls for the City. The committee is very active, engaged, is assisted very ably by the Independent Auditor General, Victor Igwe, and that's our report, Mr. Commissioner. Chairman Sanchez: So the City's future is bright? Mr. Berkowitz: The City's financial future -- Chairman Allen: Future -- Mr. Berkowitz: Is very bright, sir. Chairman Sanchez: Thank you so much. Any questions from the Commissioners? If not, thank you so much, Mr. Berkowitz. Thank you for your report. Mr. Berkowitz: Thank you. DI.2 04-01295 DISCUSSION ITEM City of Miami Page 55 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Office of the City Attorney DISCUSSION AND POSSIBLE RESOLUTION REGARDING A POSSIBLE SETTLEMENT IN THE MATTER OF NATIONAL ADVERTISING V. CITY OF MIAMI. (BILLBOARD LITIGATION) 04-01295-email.pdf Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, that this matter be DISCUSSED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Allen Absent: 2 - Commissioner Winton and Regalado A motion was made by Commissioner Allen, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioners Regalado and Winton absent, to direct the City Manager to continue negotiations with National Advertising, with the proviso that no new billboards be installed or relocated to District 5. Note for the Record: Chairman Sanchez stated that this issue would be reconsidered if Commissioners Regalado and Winton had any concerns. Chairman Sanchez: Madam Clerk, before we go into recess, we've -- all the consent agendas were passed on to the afternoon; PZ (Planning and Zoning) items are also this afternoon, except 7, 8, and 9 that were addressed earlier today. Priscilla A. Thompson (City Clerk): Correct. Chairman Sanchez: Are there any other items that we could take up before we go into recess to try to catch up on this agenda? Ms. Thompson: It's entirely up to the Commission, if they want to entertain -- Chairman Sanchez: I know it's entitled, but is there any -- are there any items that are not PZ items? Ms. Thompson: Yes. Chairman Sanchez: OK. Ms. Thompson: Your discussion items, you have 1 and 2. Chairman Sanchez: Discussion item, and what are those, ma'am? Ms. Thompson: The Annual Report on City Boards and Committees; you only had one board to make their report thus far, and your National Advertising Company settlement on the billboard litigation. Jorge L. Fernandez (City Attorney): Yeah, and on that, I have a report to give to you. There is no settlement, but there is some very good results that I need to -- Chairman Sanchez: All right. Why -- Mr. Fernandez: -- share with you, and 1 will -- Chairman Sanchez: -- why don't we take that one now. City of Miami Page 56 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Mr. Fernandez: You would like to take that now? Chairman Sanchez: Yes. Mr. Fernandez: We received word from the Circuit Court of Appeals -- the Federal Court of Appeals in Atlanta that the City had prevailed in its billboards litigation, so that means that the last and only advertising company that had not yet settled with the City now is in the predicament of either there being no settlement and their signs being eliminated because we have prevailed; the City has been vindicated, or alternatively, the City may still continue to wish to consider some sort of settlement, as it has been considered in the past, and that still -- we haven't touched base with them, yet, since we got word of the circuit court decision last Tuesday. Commissioner Allen: Well -- Mr. Chairman, can 1 weigh on this quickly, if you will? Chairman Sanchez: Absolutely. Commissioner Allen: Yes. Mr. City Attorney, we appreciate that, and kudos to our legal team of the City. You guys have done a great job. As you know, this has been, if you will, a spur under my saddle; this issue, because in my district there's a huge proliferation of these billboard signs, and as -- and pursuant to the previous settlements, they are virtually strewn throughout my district, and it's been my position that there should be -- there should not be any more signs, that is, these huge billboard signs, throughout my district. Now, to that end, since we were successful in defending this lawsuit, but for the fact that they're going to appeal this to the Supreme Court -- I doubt that they would do that --1 think, at this point, we should consider this; no further negotiation with those -- with that entity; we've won the lawsuit. They missed out by not trying to settle in a timely fashion; that's their loss, so therefore, I can be assured to tell my constituents that there will be no more signs, but for the ones that were already previously negotiated. That's my position on this, and I want to make sure because there's no need to negotiate with them for -- irrespective of the fact that they might come with a -- come to this City with a monetary offer. 1 suggest that we reject any monetary offer by National Advertising. They have lost their case. We don't need any more signs, and that should be the end of this litigation. Mr. Fernandez: Yeah. Commissioner Allen, Mr. Chairman, your position is well known to us because we have vetted this issue and we've -- Commissioner Allen: Because it causes -- Mr. Fernandez.: -- discussed that. Commissioner Allen: -- blight, and I can't get any businesses to come into -- Mr. Fernandez: Correct. Commissioner Allen: -- the community; that's their concern. They scream and holler all the time at me, "Mr. Allen, you need to get all of those signs out of your district." I say, well, there's a limitation. Now, let's work towards that, so now I can assure those potential businesses that there is a limitation now. We don't have to worry about an additional sign company coming in and placing any additional signs in my district. Mr. Fernandez.: So this is clearly an issue, Mr. Chairman and Commissioners, for you to contemplate Commissioner Allen's position. Clearly, my understanding is that the City Manager would have a different recommendation, other than not to negotiate at all. Perhaps negotiation could still continue and take into account Commissioner Allen's concerns or not, but clearly, we're at a juncture in this litigation where the Commission needs to give further direction to the City of Miami Page 57 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 administration and to the City Attorney's Office on how to proceed. This decision is very recent. We have still not made a full analysis of the impacts of it, and we are in the process of preparing a memo for you, discussing it with the administration and seeing what recommendation the administration and the City Attorney's Office will be making to you. I was just merely reporting to you that we have prevailed in court and that, as of today, we still did not have a settlement agreement to bring to you. Commissioner Allen: Right, but one quick question, Mr. Chairman, but you would agree with me, Mr. City Attorney, once you prevailed in a lawsuit, frankly, that's it; they have no other recourse, and I doubt they'll spend the money to appeal the Supreme Court, so having said that, I can put a motion on the floor right now because there is nothing -- anymore information that's necessary here. We've won a lawsuit. Chances are, they are not going to appeal because of the costs involved, so therefore, we do not need to negotiate with them any further. We already have substantial amount of signs, pursuant to the previous two settlements, so I'd like to make a motion that we direct the City Manager to cease further discussions with National Advertising because we have been successful in that litigation, and if I can get a second, I'd certainly appreciate it. Chairman Sanchez: All right. Is there a second on the motion? Vice Chairman Gonzalez: I cannot second the "no more negotiations." What I can second is that we continue to negotiate with the direction -- because I understand your concerns, and I sympathize with your concern. You know, we need to let the Manager know that whatever negotiations are taking place, they have to exclude adding anymore billboards in your district, so that -- you know. Chairman Sanchez: All right. Commissioner Allen, there's no second on your motion. Vice Chairman Gonzalez: Ifyou want that amendment, you know -- Chairman Sanchez: And I tend -- I just -- Commissioner Allen: Sure. Chairman Sanchez: May I elaborate on your position? I tend to agree with you on the frustration. I just think that we need to listen to both sides and see what -- get advice from both sides to see where we head. Maybe it requires another shade meeting or something on this, if it's required one, but I think that we need to listen to both sides before we take such harsh action here in the Commission, and further, I would say that we would love to have the other two Commissioners weigh on this discussion, which is paramount, OK, so I hope that you're not offended that you did not get a second. Commissioner Allen: No. Chairman Sanchez: All right. Thank you. Commissioner Allen: Not at all. Chairman Sanchez: All right. Is there -- Vice Chairman Gonzalez: No, no, I -- Chairman Sanchez: -- any other item that we could take up -- Vice Chairman Gonzalez: No, wait a minute. City of Miami Page 58 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Chairman Sanchez: -- before we recess? Commissioner Allen: 1 think -- Vice Chairman Gonzalez: Let's correct the record. I said that I would second his motion to an - - if it is exclude not negotiating. You know, I will agree with him (UNINTELLIGIBLE) says that we agreed to have the Manager negotiate with this company, but not, you know, exclude from the negotiations the installation of any additional billboards in this -- in his district. Because let me tell you, I just had two billboards installed in my district and was annoying. I mean, I -- you know, I just was driving by and I saw these two big monsters close to a neighborhood. Mr. Fernandez: Mr. Chairman. Vice Chairman Gonzalez: What is this coming from? Chairman Sanchez: Yes, yes. Mr. Fernandez: That's not a modification to a pending motion. That is a radically different motion, so the maker of the motion would have to make a different motion similar to -- Vice Chairman Gonzalez: All right. Mr. Fernandez: -- the one that's -- Commissioner Allen: Well -- Mr. Fernandez: -- the second is being suggested. Commissioner Allen: OK. Well, I'll make a motion that pursuant to the litigation with National Advertising that we direct the City Manager, in any further negotiations, that they exclude District 5 as a potential location and/or relocation of advertisement signs. Vice Chairman Gonzalez: I'll second that motion. Chairman Sanchez: All right. There is a motion and a second. Under discussion. The only thing that I would ask, Commissioner, is that we have the other two Commissioners here to address that concern so we could vote on it. I mean -- Mr. Fernandez.: As a matter of course, any affirmative vote of this Commission has to be by three of its members, so unless the Chair also votes in favor of the motion, even though the motion was made and seconded, two do not carry the day. Commissioner Allen: Well, I respectfully request that the Chairperson does exercise his right to vote. Mr. Fernandez: I'm just giving the Chairman the clear indication -- Chairman Sanchez: Why do you guys always putting me on the hot plate? Ms. Thompson: Because you're the Chair. Commissioner Allen: I think my motion is pretty innocuous. It's -- it speaks for itself. Mr. Fernandez: Commissioner Allen is very persuasive. I could tell you how persuasive he is. City of Miami Page 59 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Chairman Sanchez: Well, I'll support it, but if -- Commissioner Allen: Thank you. Chairman Sanchez: -- any of the other Commissioners show some concern, I will be more than glad to support a motion to reconsider, for the record. All right. Commissioner Allen: Yes. Chairman Sanchez: Is that OK? Commissioner Allen: Yes, sir. Chairman Sanchez: All right, so 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." All right. It passes . Madam Clerk, any other items that we could take up before we go into recess? Ms. Thompson: Unless you want to listen to some of the board presentations, no. Chairman Sanchez: Well, do we have any boards here that are -- any board members for presentation? I believe that we had some and we asked them to come back this afternoon. If not, Linda, I want to see you and Alicia and some of your heads of staff in my office in recess. Thank you. Commissioner Allen: Yeah. Mr. Chairman, do we still have the -- Chairman Sanchez: City Commission stands in recess until 2:30. Commissioner Allen: Right. Mr. Chairman, before we break, there's a chance I might have to leave later today to attend a funeral, but 1 will return, so there's a possibility there. I just want to make the Chair aware of that. Chairman Sanchez: What time? Commissioner Allen: Sometime, perhaps, after another meeting. Sometime after -- maybe around 3. Chairman Sanchez: Well, 3 o' clock time certain, we have PH.1 -- Commissioner Allen: Right. Chairman Sanchez: -- which is the Midtown CRA (Community Redevelopment Agency), and then we're having another shade meeting. Jorge L. Fernandez (City Attorney): Yeah, you're having an executive session at 2:30, and by the way, Mr. Chairman, this -- that shade meeting needs to be add -- needs to be announced at this meeting, so you announce it and then we immediately retreat to Commissioner Gonzalez' conference room, where we will hold that shade meeting. Chairman Sanchez: When we come back, yes. City of Miami Page 60 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Mr. Fernandez.: At 2:30, yes. Commissioner Allen: OK, so the executive -- Vice Chairman Gonzalez: All right. Commissioner Allen: -- meeting is at 2:30? Vice Chairman Gonzalez: Very good. Commissioner Allen: Good. Vice Chairman Gonzalez: Very good. City of Miami Page 61 Printed on 5/2/2005 City Commission 2:30 P.M. Verbatim Minutes March 24, 2005 EXECUTIVE SESSION ES.1 05-00241 EXECUTIVE SESSION City Attorney UNDER THE PARAMETERS OF F. S. 286.011(8) [2004], THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE IMMEDIATELY AFTER THE MEETING IS CONVENED THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE OF EVA NAGYMIHALY, ET AL. VS. CITY OF MIAMI, CASE NO. 98- 11208 CA 01, PENDING IN THE CIRCUIT COURT OF THE 11 TH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THE CLOSED DOOR SESSION WILL BEGIN AT APPROXIMATELY 2:30 P.M. AND CONCLUDE AT APPROXIMATELY 3:30 P.M. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, TOMAS REGALADO, ANGEL GONZALEZ, JOE SANCHEZ, JEFFREY ALLEN, AND JOHNNY L. WINTON; THE CITY MANAGER, JOE ARRIOLA; THE CITY ATTORNEY, JORGE L. FERNANDEZ; ASSISTANT CITY ATTORNEYS MARIA J. CHIARO, JULIE O. BRU AND WARREN BITTNER; AND THOMAS SCOTT, ESQ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 05-00241-cover memo.pdf 05-00241-notice to the public.pdf DISCUSSED Discussion on Item ES. 1 resulted in the resolution below: (ES.1) 05-00298 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY IN LAW OR IN EQUITY TO: 1) VOID THE SETTLEMENT AUTHORIZED BY RESOLUTION NO. 04-0748, ADOPTED NOVEMBER 18, 2004 AND 2) RECOUP THE SETTLEMENT FUNDS ALREADY PAID, IN THE CASE OF EVA NAGYMIHALY, ET AL., VS. CITY OF MIAMI, CASE NO. 98-11208 CA 01 ; FURTHER ALLOCATING AN AMOUNT NOT TO EXCEED $200,000, TO RETAIN THE LAW FIRM OF COLE, SCOTT AND KISSANE, P.A., AS OUTSIDE COUNSEL, PLUS ANY ADDITIONAL COSTS OF LITIGATION INCLUDING BUT NOT LIMITED TO RETENTION OF EXPERTS AND CONSULTANTS, AS APPROVED BY THE CITY ATTORNEY. Motion by Commissioner Regalado, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen City of Miami Page 62 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 R-05-0200 Chairman Sanchez: So at this time, having all five Commissioners present, I must read this into the record. The attorney -client session must commence at an open meeting in which the Chair announces the commencement of the private attorney -client session, an estimated length of the session and the persons attending the session. We are now going into a private, closed -door attorney -client session for purpose of discussing pending litigation in the matter of Eva Nagymihaly, et al. versus City of Miami, case number 98-11208. This meeting was requested by the City Attorney, Jorge L. Fernandez, at the public City Commission meeting held on March 11, 205 [sic]. The attorney -client session is exempt from the Sunshine, pursuant to Florida Statute Section 286.011(8). This session will last approximately about an hour. The subject matter of this meeting will be confined to settlement negotiations or strategy related to litigation expenditures. In attendance at this session will be the members of the City Commission, the honorable Tomas Regalado, Vice Chairman Angel Gonzalez, Chairman Joe Sanchez, Commissioner Jeffery Allen, Commissioner Johnny L. Winton, the City Manager, Joe Arriola, the City Attorney, Jorge L. Fernandez, Deputy City Attorney, Julie O. Bru, Assistant City Attorney, Maria' Chiaro and Warren Bittner and Tomas Scott, inquire [sic]. At this time, the session --1 need to ask the Clerk, has this session been published in accordance with the requirements of Florida Statute Section 286.11-8, Madam Clerk? Priscilla A. Thompson (City Clerk): Yes, it has, sir. Chairman Sanchez: It has. OK. The entire session will be recorded by a certified court reporter . The court reporter notes will be fully transcribed and filed with the City Clerk within a reasonable time after the session. The transcript will be made part of a public record upon conclusion of the litigation. Commissioner Winton: Mr. Chairman, I just was curious, how come we have honorable Commissioner Regalado and the rest of us are just Commissioners? Chairman Sanchez: Well, we're making him feel special today. It's his day to feel special. -- City Commission meeting. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. Mr. Chairman, as soon as your colleagues arrive, the other Commissioners, I have a resolution to present to you. Chairman Sanchez: All right. Why don't we wait for the other Commissioners to be present and cast their votes. Mr. Fernandez: Mr. Chairman, it's a resolution of the Miami City Commission authorizing the City Attorney to take any and all action necessary in law or in inequity to void the settlement authorized by resolution number 04-0748 and to recoup the settlement funds already paid in the case of Nagymihaly versus City of Miami; further allocating an amount not to exceed $200, 000 to retain the law firm of Cole, Scott and Kissane and -- as outside counsel, plus any additional cost of litigation including but not limited the retention of experts and consultants as approved by your City Attorney. Chairman Sanchez: All right. It's a resolution read into the record by the City Attorney. Is there a motion? Commissioner Regalado: Move it. Commissioner Allen: Second. Chairman Sanchez: There's a motion by Commissioner Regalado, second by Commissioner Allen. Discussion on the item. Hearing no discussion on the item, all in favor, say "aye." City of Miami Page 63 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Resolution carries unanimously. City of Miami Page 64 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 PART B PZ.1 05-00143 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE POINTE AT BRICKELL VILLAGE PROJECT, TO BE LOCATED AT APPROXIMATELY 1100 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, TO CONSTRUCT A 442-FOOT, 42-STORY HIGH MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 330 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 13,659 SQUARE FEET OF RETAIL SPACE; APPROXIMATELY 41,553 SQUARE FEET OF OFFICE SPACE; AND APPROXIMATELY 424 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. 05-00143 Exhibit A.PDF 05-00143 Exhibit B.PDF 05-00143 Exhibit C.PDF 05-00143 Zoning Map.pdf 05-00143 UDRB Reso.PDF 05-00143 Traffic Impact Study.PDF 05-00143 Table of Contents.PDF 05-00143 School Board Review Analysis.PDF 05-00143 Pre -Application Comments.PDF 05-00143 PAB Reso.PDF 05-00143 Legislation.PDF 05-00143 HEPB Reso.PDF 05-00143 Fact Sheet.PDF 05-00143 Aviation Department Comments.PDF 05-00143 Article III Site Utility Study.PDF 05-00143 Article III Economic Impact Study.PDF 05-00143 Article III Economic Impact Study.PDF 05-00143 Article III - Survey.PDF 05-00143 Article III - Site Plan.PDF 05-00143 Article III #3 - Traffic Impact Analysis Part III.PDF 05-00143 Article III #3 - Traffic Impact Analysis Part II.PDF 05-00143 Article III #3 - Traffic Impact Analysis Part I.PDF 05-00143 Article II - Project Description.PDF 05-00143 Article I - Project Information.PDF 05-00143 Analysis.PDF 05-00143 Aerial Map.pdf REQUEST: Major Use Special Permit for The Pointe at Brickell Village Project LOCATION: Approximately 1100 South Miami Avenue City of Miami Page 65 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 APPLICANT(S): Carlos A. Saenz, Jr., Trustee, and Los Arcos de Brickell Corp. (Collective Owners) and Brickell Village Partners, LLC (Contract Purchaser) APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Recommended approval with conditions* of a Certificate of Appropriateness to City Commission on October 21, 2004 by a vote of 5-0. URBAN DEVELOPMENT REVIEW BOARD: Recommended approval on December 15, 2004 by a vote of 3-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on February 2, 2005 by a vote of 5-0. *See supporting documentation. PURPOSE: This will allow the development of The Pointe at Brickell Village Project. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Regalado Absent: 2 - Commissioner Sanchez and Allen R-05-0196 Chairman Sanchez: We'll go to PZ 1. Commissioner Winton: PZ.1. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.1 is a Major Use Special Permit for the Pointe at Brickell Village project. This is located approximately 1100 South Miami Avenue. This is a 442 foot, 42-story high mixed -use structure. It's going to have 330 multifamily residential units, 13,659 square feet of retail, approximately 41,553 square feet of office and 424 parking spaces. It was recommended for approval by the Planning Advisory Board and by the Planning Department, with the -- there is one design -related condition. The applicant shall meet -- in order to better unite the design appearance of the garage and the rest of the building, the applicant shall modem the garage design to provide a solution for the eight levels of exposed garage by incorporating some glass elements into the garage elevation, and this is to come back for a final review by the Planning Department before they get a building permit. The project is well designed. It was really down to this garage facade and incorp -- OK. If -- I think they're going to present a solution to you, but -- Chairman Sanchez: All right. Is there any opposition to this item? There's no opposition to the item. Counsel, are you prepared to start your presentation? Gil Pastoriza: Yeah. We're -- if you want, Chloe Keidaish, from Arquitectonica -- Gil Pastoriza, 2665 South Bayshore Drive -- she can explain to you because we have addressed that condition already. Chairman Sanchez: All right, and you're prepared to -- Mr. Pastoriza: I'm preparing to rest. City of Miami Page 66 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Chairman Sanchez: -- address those conditions? Mr. Pastoriza: To rest -- yeah, we're -- Chairman Sanchez: Why don't you just go ahead and put them on the record now? 1 mean, we've got to move on. Mr. Pastoriza: No, no. We are, you know, we're in agreement with the conditions. Chairman Sanchez: OK. Mr. Pastoriza: And if you want Ms. Keidaish to explain to you how we addressed that comment - Chairman Sanchez: Well, give us a brief -- Mr. Pastoriza: Give them the two -minute -- Chloe Keidaish: Chloe Keidaish, Arquitectonica. I'll jump right ahead to the issue at hand, which is the garage treatment on the 11 th Street facade. For the most part, this tower is lined by an office component on the primary portions of the building, which has helped Miami in wrapping the corner of 11 th Street. There isn't a portion of garage that, you know, for sake of efficiency in keeping this garage to a reasonable height, remains exposed, so what we've done is we've worked with Planning to address an artistic solution that would utilize -- I'm sorry. Chairman Sanchez: Why don't you use the mike? There you go. Ms. Keidaish: Oh, yes. This is fine. OK. What we're going to do here is provide a rather elaborate, metal paneling system that integrates into the design of the overall tower and as well as metal panel, there is an introduction of a translucent glass facade system that would bring in natural light into the garage, but yet still not allow the cars to be visible to the public, so we bring down the grid of the building to interplay with the overall design, and then we use this material play to enhance the garage design. Mr. Pastoriza: 1 just wanted to add that most of that facade, though, is covered or is lined with habitable liners. Commissioner Winton: Most but not all, so anyhow, does that conclude your presentation? Mr. Pastoriza: Yes, sir. Commissioner Winton: OK. I would move PZ. I for approval and leave the condition in place because both Lourdes and I think that there probably needs to be just a little bit more review here and discussion on that facade. Then we're interested in making sure that we never ever, ever again see some facades that ended up -- that we don't like anymore, but so -- but I know y'all call solve this, 1 think, so motion is approve PZ 1 with conditions. Commissioner Regalado: Second. Vice Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed? Motion carries. City of Miami Page 67 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Mr. Pastoriza.• Thank you. Commissioner Winton: Thank you. PZ.2 04-01388 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF NORTHEAST 1ST COURT AND THE ALLEY LOCATED BETWEEN NORTHEAST 15TH STREET AND NORTHEAST 16TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." 04-01388 Public Works Analysis.PDF 04-01388 Public Works Letter.PDF 04-01388 P&Z Analysis.PDF 04-01388 Zoning Map.pdf 04-01388 Aerial Map.pdf 04-01388 ZB Reso.PDF 04-01388 Application & Supp Docs.PDF 04-01388 Legislation.PDF 04-01388 Exhibit A.PDF 04-01388 Fact Sheet 04-28-05.pdf REQUEST: Official Vacation and Closure of a Street and Alley LOCATION: Approximately NE 1st Court and Alley Between NE 15th Street and NE 16th Street APPLICANT(S): Miami -Dade County Public Schools APPLICANT(S) AGENT: Dr. Rudolph F. Crew, Superintendent FINDINGS: PLANNING DEPARTMENT: Recommended denial. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended denial on April 3, 2003 by a vote of 3-3. ZONING BOARD: Recommended denial to City Commission on November 22, 2004 by a vote of 5-3. PURPOSE: This will allow a unified commercial development site. CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Sanchez and Commissioner Allen absent, to continue item PZ 2 to the Commission Meeting currently scheduled for April 28, 2005. Vice Chairman Gonzalez: PZ.2. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ2 we would like to ask for a continuance till the April 28 meeting. This is a school -- the School Board street closure. We City of Miami Page 68 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 have not finalized what kind of public benefit they are going to be coming forward with, so we would like another month to continue to work with them on this. Vice Chairman Gonzalez: All right. We need a motion -- Commissioner Winton: So moved. Vice Chairman Gonzalez.: -- to continue. Commissioner Winton: Move to continue. Ms. Slazyk: April 28. Commissioner Regalado: Second. Vice Chairman Gonzalez: We have a motion -- Commissioner Regalado: Second. Vice Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez.: Motion carries. PZ.3 04-01178 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 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 City of Miami Page 69 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 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. Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Regalado Absent: 2 - Commissioner Sanchez and Allen 12667 Vice Chairman Gonzalez.: PZ 3. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 3 and 4 are companion items. These are second reading land use and zoning change. This is the proposed Rex Art site on Coral Way. It was originally recommended for denial. The applicant proffered a covenant. They decided to redesign the building and not do vehicular ingress and egress off of 22nd Terrace, so we have no objections. This is second reading. Vice Chairman Gonzalez: All right. This is a public hearing. Anybody in opposition or in favor that want to speak to the item? Hearing none, seeing none, the public hearing is closed. Commissioner Regalado: I move -- Vice Chairman Gonzalez: Back to the Commission. Commissioner Regalado: -- PZ 3 for approval on second reading. Commissioner Winton: Second. Vice Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." Jorge L. Fernandez (City Attorney): No. I need -- Priscilla A. Thompson (City Clerk): It's an ordin -- It's an -- Mr. Fernandez: -- to read the -- Ms. Thompson: -- ordinance. Vice Chairman Gonzalez: Oh, I'm sorry. Mr. Fernandez.: -- ordinance. City of Miami Page 70 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Commissioner Regalado: No, no. It's an ordinance. Vice Chairman Gonzalez: I'm sorry. It's an ordinance. I'm sorry. Mr. Fernandez: No problem. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: Madam Clerk, roll call, please. 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, 3/0. Mr. Fernandez: Mr. Chairman, it will be appropriate for you to recognize the attorney for the applicant on both PZ.3 and -- Vice Chairman Gonzalez: Oh, I'm sorry. Mr. Fernandez: -- PZ 4. Vice Chairman Gonzalez: OK, you're recognized. Ines Marrero: Thank you very much. It's OK. My client knows I've been here since 10 o'clock this morning. For the record, Ines Marrero, attorney with office at 701 Brickell Avenue, on behalf of the applicants. Thank you again very much, to Commissioner Regalado, specifically and to the Commission for their assistance in this matter. Thank you. Vice Chairman Gonzalez: Thank you. PZ.4 04-01178a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2 " TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL 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. 04-01178 & 04-01178a Exhibit A.PDF 04-01178a Fact Sheet.PDF 04-01178a Legislation.PDF 04-01178a Application & Supp Docs.PDF 04-01178a ZB Reso.PDF 04-01178a Analysis.PDF 04-01178 & 04-01178a Aerial Map.pdf 04-01178a Zoning Map.pdf REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential City of Miami Page 71 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 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 Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen 12668 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.4 -- Vice Chairman Gonzalez: PZ.4. Ms. Slazyk: -- is the companion zoning change. It is to C-1 with the SD-23 overlay. We recommend approval with the covenant. Vice Chairman Gonzalez: This is a public hearing. Anybody in opposition or in favor of the item? Seeing -- Commissioner Regalado: I'll move -- Vice Chairman Gonzalez: -- none, hearing none -- Chairman Sanchez: Second. Commissioner Regalado: I'll move PZ.4. Commissioner Winton: Third. Vice Chairman Gonzalez: We have a motion and we have a second. Counsel, anything you want to add? The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez.: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. City of Miami Page 72 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Ms. Thompson: The ordinance has been passed -- I'm sorry, adopted on second reading, 4/0. PZ.5 04-01440 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 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 "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 Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen 12669 Vice Chairman Gonzalez: PZ 5. City of Miami Page 73 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Chairman Sanchez: All right. PZ 5. It's an ordinance on second reading. Lourdes Slazyk (Assistant Director, Planning & Zoning): Right. PZ 5 and 6, companion items, recommended for approval by Planning Department, approval by the Planning Advisory Board and approval by the Zoning Board. Chairman Sanchez: All right. Unidentified Speaker: (UNINTELLIGIBLE) deny it. Chairman Sanchez: Madam Counsel, applicant, state your name for the record. Lucia Dougherty: Good afternoon. Lucia Dougherty with offices at 1221 Brickell Avenue, here today on behalf of the owner and the applicant, and -- Commissioner Winton: So moved. Chairman Sanchez: All right. Is there any opposition to this item? Seeing none, hearing none, is there a motion? Commissioner Winton: So moved. Vice Chairman Gonzalez: Second. Chairman Sanchez: It's moved by Commissioner Winton, second by Vice Chairman Gonzalez. Open for discussion. Hearing none, it is an ordinance on second reading. Mr. City Attorney, read the ordinance. 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, 4/0. PZ.6 04-01440a ORDINANCE Second 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. City of Miami Page 74 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 04-01440 & 04-01440a Exhibit A.PDF 04-01440a Fact Sheet.PDF 04-01440a Legislation.PDF 04-01440a Application & Supp Docs.PDF 04-01440a ZB Reso.PDF 04-01440a Analysis.PDF 04-01440 & 04-01440a Aerial Map.pdf 04-01440a Zoning Map.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 Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen 12670 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.6 is the companion zoning change. Commissioner Winton: So moved. Chairman Sanchez: All right. Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion and a second. Is there anyone in opposition? Seeing none, hearing none, there's a motion and a second. Open for discussion. Hearing none, it's an ordinance on second reading. 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. Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. City of Miami Page 75 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Ms. Thompson: The ordinance has been adopted on second reading, 4/0. Chairman Sanchez: All right. PZ (Planning and Zoning) -- Lucia Dougherty: Thank you very much. PZ.7 04-01441 ORDINANCE Second Reading Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Department 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. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen 12672 Direction to the Administration by Commissioner Winton to bring back a recommendation on notice provisions for projects applying for a Class 11 Permit that are within 500 ft of a neighborhood. City of Miami Page 76 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Chairman Sanchez: OK. Before we go into PZ. 7, I must ask each and every one who will be testing to stand up and raise your right hand and be sworn in by the City Clerk. Madam Clerk Priscilla A. Thompson (City Clerk): I'm sorry, Chair, did I miss-- did we make the statement that all lobbyists must be registered and making sure that they've -- Chairman Sanchez: I will make that after they're sworn in. Ms. Thompson: Thank you. 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: Thank you. Any person who acts as a lobbyist pursuant to the City Code must register with the City Clerk prior to engaging in any lobbying activity before any City staff, board, committee, or this legislative body. We also ask you very kindly that any person making slanderous remarks, who become boisterous while addressing this Commission will be asked to leave very respectfully. We also advise you that if you are interested in obtaining an agenda, you could obtain one five days before the Commission meeting from the City Clerk's office. Also, anyone that will be testifying before this legislative body must register with the City Clerk on this issue. Having stated that, for the record, well go ahead with PZ. 7. It is my understanding that there will be five speakers? Tucker Gibbs: It was PZ.9. Chairman Sanchez: I'm sorry, PZ.9. I apologize. Lourdes Slazyk (Assistant Director, Planning & Zoning): We have to do 7 and 8 before you can do 9, so -- Chairman Sanchez: OK, so which one do you want to do first, 7? Ms. Slazyk: 7. Chairman Sanchez: We'll start with 7, OK. We'll start with 7. I believe that we have six speakers -- Mr. Gibbs: I think 7 is going to be rather easy. It's 9 that's going to be the tough nut. Chairman Sanchez: Yeah, but we'll go through 7, 8 and 9. They'll get them out of the way, all right. Mr. Gibbs: No. I'm just saying that in terms of number of speakers. Chairman Sanchez: OK, but we've agreed that you're going to have five speakers, two minutes each, and you'll have ample time to state your case. All right. Ms. Slazyk: Thank you. For the record, Lourdes Slazyk, Planning Department. PZ 7 and 8 are companion items. It is a text amendment, which creates the NCD-3 overlay for Coconut Grove, and PZ.8 is the companion atlas amendment. There is one amendment 1 do need to make on the floor. Section 803.3.6, which is the lots and building sites subsection, this was written before we had done all the amendments to Article 11, fixing the nonconforming lot problem that we were City of Miami Page 77 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 having around the City. What this -- because this was written before that, it doesn't incorporate all the things that we already did in Article 11, so we took care of the problem in another section of the Code, citywide, so 1'd like to remove the first paragraph from 803.3.6, lots and building sites. We will keep -- Commissioner Allen: The entire paragraph. Ms. Slazyk: In its entirety, right, and keep just the last sentence, which talks about demolition permits requiring Class I permits, so the paragraph just before it, we're going to eliminate. Other than that, this ordinance was recommended for approval by unanimous vote by the Planning Advisory Board and passed by the City Commission first reading, February 24. It is an ordinance that, for the most part, addresses the R-1 properties within the Coconut Grove area. It establishes some modifications to the setbacks, tandem parking requirements, and some other requirements that were intended to preserve the character and enhance the green spaces and protect the canopy and the green spaces in Coconut Grove. That's the primary purpose, and it does that through a series of amendments. Chairman Sanchez: OK. Commissioner Allen: I -- Chairman Sanchez: This is an ordinance. It requires a public hearing. Anyone from the public wishing to address this Commission, please step forward and be recognized. Mr. Gibbs: Yes. My name is Tucker Gibbs, law offices at 215 Grand Avenue. I just have one question for the staff The language that was taken out you said is going to be added in PZ.11 later on today? Ms. Slazyk: No. It's already been added to Article 11. Mr. Gibbs: It's already been -- Ms. Slazyk: Yes. In art -- yes, we've done three amendments to Article 11 over the last year and a half, which took care of the lot -splitting issue and how to deal with nonconforming lots. Mr. Gibbs: Right. The issue was, for a lack of a better word, the McMansions. Ms. Slazyk: Right, but on top of that it -- Mr. Gibbs: How does this deal with that? Ms. Slazyk: -- when we first amended Article 11, an unintended consequence happened, in that if somebody had a little house on four small lots and the rest of the neighborhood was small houses, by requiring them keep those four lots together, they were going to be forced into building a McMansion in a neighborhood where all the houses were small. We corrected that issue in Article 11 so that -- we borrowed language from the Coral Gables code, the Commission may remember. You adopted this at the last hearing, where we go to the properties within a thousand foot radius, what is the majority of the house and lot size, and by Class 11, somebody can get a waiver of that provision if they show that they are doing the same thing that's within a thousand foot radius. Mr. Gibbs: Is there a notice provision on that Class II permit? Because I know Class II permits, Mr. Chairman, are design standards, as opposed to use standards, and the question I would have to you all is, in this Class II permit process, does the neighborhood have notice and how does that really affect it if it's only a design issue? City of Miami Page 78 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Ms. Slazyk: The neighborhood does get notice. The immediately adjacent property owners get an individual notice, and the Homeowners Associations also get a notice. Chairman Sanchez: 500 feet. Ms. Slazyk: And the standards do go to design because what we're looking at here is, if you're doing a house on a nonconforming lot, we're looking at the design, the scale, and the character in the context of that neighborhood. Mr. Gibbs: The only question -- Ms. Slazyk: So it is absolutely a design issue. Mr. Gibbs: The only question 1 would ask this Commission, if you would consider, just through a motion directing staff to ask that the notice be given to neighbors within 500 feet of this, because I think, when someone is going to build a bigger house by Class II permit, I think the neighborhood needs to know, not just the adjoining neighbors, and make the applicant pay for that so the City doesn't have to absorb that cost. Ms. Slazyk: That would have to be done through a separate amendment -- Mr. Gibbs: 1 understand that. I -- Ms. Slazyk: -- because it's Article 11 -- Mr. Gibbs: That's what -- Ms. Slazyk: -- but we can look at that. Mr. Gibbs: -- what 1 just said was ask the City Commission, by motion, to -- Commissioner Winton: And -- Mr. Gibbs: -- direct staff to do that. Chairman Sanchez: Commissioner Winton. Commissioner Winton: I think that's a good idea, frankly, so, Lourdes, would you bring something back so that we can have that? I think 500 feet seems like a rational -- and we do 500 feet on a lot of other things -- Chairman Sanchez: Zoning. Mr. Gibbs: For variances, yeah. Ms. Slazyk: Yes, we do 500 -- Commissioner Winton: -- so I like that -- Ms. Slazyk: -- for special exceptions and -- Commissioner Winton: -- notarist [sic] provision. City of Miami Page 79 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Ms. Slazyk: -- and major uses anyway, OK. Mr. Gibbs: Thank you. Chairman Sanchez: At one time, it was 250 and we went up to 500, correct? Ms. Slazyk: Yeah, it used to be 375 and it went up to 5, yeah. Commissioner Allen: Right. Chairman Sanchez: All right. Anyone else from the public on this item? If not, the public hearing is closed, coming back to the Commission. Is there a motion on the ordinance? Commissioner Winton: Move PZ.7. Commissioner Allen: I move PZ.7 with respect to the mod -- Chairman Sanchez: There's a motion by Commissioner Winton, second by Commissioner Allen. It is under discussion. Commissioner Allen: However, I do believe, Mr. Chairman -- Chairman Sanchez: Commissioner Allen. Commissioner Allen: -- that there is a modification that you -- Ms. Slazyk: Yeah, I just -- Commissioner Allen: -- need to put on the record, right. Ms. Slazyk: Yes, I just read that into the record Commissioner Allen: Pursuant to the modification. Ms. Slazyk: Right, to make -- Chairman Sanchez: The modification has been placed in the record. Commissioner Allen: OK. Chairman Sanchez: Does the maker of the motion and the second agree with the modification? Commissioner Winton: Absolutely. Commissioner Allen: Yeah. Chairman Sanchez: All right. Any further discussion on the item? If not, Mr. City Attorney, read the ordinance into the record. The ordinance was read by title into the public record by the City Attorney. Ms. Slazyk: As amended, right. Jorge L. Fernandez (City Attorney): As amended -- City of Miami Page 80 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Commissioner Winton: As amended. Mr. Fernandez: -- on the record. 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, as modified, on second reading. PZ.8 04-01441a ORDINANCE Second Reading Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NOS Department . 37, 38, 43, 44, 45, 46, 47, AND 48 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY ADDING THE NCD-3 COCONUT GROVE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT TO ALL UNDERLYING ZONING CLASSIFICATIONS IN THE AREA GENERALLY BOUNDED BY US-1 ON THE NORTH; SOUTHWEST TWENTY-SIXTH ROAD ON THE EAST; BISCAYNE BAY ON THE SOUTH AND THE CITY LIMITS ON THE WEST, SEE MAP OF EXACT PROPERTIES ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART THEREOF AND COMPLETE LEGAL DESCRIPTIONS ON FILE; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01441a Exhibit A.pdf 04-01441a Fact Sheet.PDF 04-01441a Zoning Maps.pdf 04-01441a Legislation.PDF 04-01441a PAB Reso.PDF 04-01441a Analysis.PDF 04-01441a-Submittal-1.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. City of Miami Page 81 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 NOTES: Per City Attorney's Office, remanded to First Reading. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen 12664 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.8 is the companion atlas amendment, and what 1 just wanted to put into the record is, as we were creating this ordinance, we actually tested the ordinance in real properties in Coconut Grove, and we have a handout for the Commissioners, and some boards here that show when we were establishing, you know, the flexible setbacks and the other restrictions, including the tandem parking, the driveway restrictions, we have real properties in Coconut Grove that we tested it against, and the handouts have that information. Chairman Sanchez: All right. Ms. Slazyk: So, what these will do is just give you a little bit of additional information as we do the atlas overlay now. We were overlaying this on the R-1 properties, principally, and this information in the packet shows how it's been tested and it does work. We used corner properties, we used interior lots, we used undersized properties and oversized properties, and we tested it in every situation. Commissioner Winton: Lourdes, 1 think one of the issues that the public's interested in, relative to NCD-3 also, is this whole issue on replotting lots, where developers are going down buying a single-family house and bulldozing it and replotting that lot into two sites, and building two ugly houses on each lot that used to be a nice house. Would you explain how this issue -- how the NCD-3 is addressing that? Because I think they're -- Ms. Slazyk: OK. Commissioner Winton: 1 think everybody's going to be curious about that. We didn't mention it, but I think that it's a big part of what people are thinking about. Ms. Slazyk: Yeah, the NCD-3 -- between the nonconforming lot ordinance, it says, first of all, you can't replat these properties if they don't meet the minimum lot size requirements, so somebody can't tear down one and put two in its place under a replat, unless each lot meets the Code requirements. If the lots are substandard lots and that they're nonconforming, our new Article 11 amendments would not let them do that; it continues to remain as one building site, and they can only put one home where they took the one home down. The other thing NCD-3 does is it doesn't allow people to do the cookie -cutter homes next to each other, where they basically take one house design and put four or five of them in a row. This requires that houses be substantially differentiated from one another when in the same block and subdivision, so there are requirements in here that you can't do cookie -cutter homes; the garages now have to be set back from the front setback, so the garage does not become the predominant feature of the home, and we actually tested this on real properties in Coconut Grove. We have parcels north and south Grove where it's been tested. Commissioner Winton: Thank you. Chairman Sanchez: All right. This is an ordinance on second reading. Anyone from the public wishing to address this Commission, please step forward and be recognized. Seeing none and hearing none, the public hearing is closed, coming back to the Commission. We need a motion. City of Miami Page 82 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Commissioner Winton: Move PZ8. Chairman Sanchez: There's a motion -- Commissioner Regalado: Second. Chairman Sanchez: -- Commissioner Winton, second by Commissioner Regalado. It is open for discussion. Hearing none, Mr. City Attorney, read the ordinance on second reading 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, 5/0, on second reading. PZ.9 05-00221 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 8, SECTION 803, NCD-3 COCONUT GROVE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT; IN ORDER TO MODIFY SUB -SECTION 803.6 TO ADD PROVISIONS AND LIMITATIONS TO ESTABLISH MAXIMUM RETAIL SQUARE FOOTAGE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 05-00221 PAB Reso.PDF 05-00221 SR Fact Sheet.pdf 05-00221 SR 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 with conditions* on March 16, 2005 by a vote of 5-2. PURPOSE: This will add provisions for maximum retail square footage in the NCD-3 Coconut Grove Neighborhood Conservation Overlay District. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Noes: 1 - Commissioner Regalado Chairman Sanchez: All right. PZ.9, it's an ordinance on first reading. City of Miami Page 83 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.9 is an ordinance amending the NCD-3 that you just adopted, in order to add provisions and limitations to establish maximum retail square footage within the NCD-3 area. NCD-3 is an overlay that sits on top of underlying commercial, as well as residential properties. Within NCD-3 there are three commercial zoning designations that are affected by this amendment. First is the N -- SD-2, which is the Center Grove. That's where you have your Mayfair and Cocowalk. It's the Center Grove. Then there's SD-13, which is your 27th Avenue commercial district, and C-1, which covers the rest of the commercially zoned properties in the Grove. This ordinance, the way it was presented to PAB ( Planning Advisory Board), it sets up a maximum square footage of 70,000 square feet in total floor area for retail and related services with the C-1 properties, and 20,000 as a maximum for the SD-2 and SD-13 properties. The intent of the section is to preserve the neighborhood retail character of these commercially zoned areas. Most of the commercially zoned areas within Coconut Grove abut much lower density residential districts. Coconut Grove is -- it's a district that is primarily made up of smaller retail establishments, and through the NCD-3 in conserving the character of Coconut Grove, these maximums are being established so that individual establishments don't exceed the character of what is -- the Coconut Grove retail has been made up of If you have any questions, I -- oh, the PAB made a mod -- and requested a modification to this. The PAB recommended approval with a condition -- I'm sorry. I just kept hearing a phone -- recommended approval with the condition that 55,000 square feet be set up as the maximum by right, and that you can only get up to the 70,000 square feet, recommended by the Planning Department, by Class II Special Permit, so they kept the same square footages that we had recommended; they're just adding a Class II Special Permit for anything over 55,000 square feet . There was a lot of discussion at the Planning Advisory Board, and what it came down to is the Class II Special Permit is a design review permit, and the bigger these stores get, the more blank walls there tend to be, the more there is a design impact, and they believe that the Class II Special Permit was a way to deal with the -- between 55,000 and 70,000 in that there would be design review. Under 55 in C-1 would be allowed by right. Chairman Sanchez: As amended. Ms. Slazyk: As amended, so what you have before you is the -- basically, two options: You have the Planning Department's initial ordinance, which was 20,000, 70,000, and the PAB option, which introduces a Class II Special Permit for retail establishments between 55,000 and 70,000. Chairman Sanchez: All right. Counsel, how much time are you going to need? Jeffrey Bercow: Mr. Chair, my name is Jeff Bercow. I'm representing Home Depot. Our interests were substantially affected here. My client couldn't get an earlier flight out of Atlanta. He's just arrived at the airport; should be here within a half-hour. If there's any way that you could table this matter until he gets here, 1 would appreciate it. It shouldn't be any more than a half-hour. Commissioner Allen: Mr. Chair -- Commissioner Winton: My view, I think that Home Depot is adequately represented here. I know that Jeff can represent their interests quite well, and I don't think it would be appropriate to wait for them to get here with everybody here, even though -- and I thought this was going to be in the afternoon. I didn't know it was going to be in the morning, but -- Chairman Sanchez: Counsel, you may -- Commissioner Winton: -- just about everything anybody's talked about has been talked about, so Idon't--you know -- City of Miami Page 84 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Chairman Sanchez: Counsel, you may proceed. Commissioner Winton: I don't think they're going to add anything, Jeff, that you can't add already. Chairman Sanchez: All right. Let's go. Mr. Gibbs: OK. Commissioner Winton: May -- might be a half an hour before we get done. Mr. Gibbs: You're probably correct, at least. Good morning. My name is Tucker Gibbs, 215 Grand Avenue. I represent the One Grove Alliance. 1 wanted to ask the Chair if I could reserve a minute at the end to respond to any questions that the opponents might have? So I'd like to do that. Chairman Sanchez: OK. Mr. Gibbs: Thank you. Mr. Bercow: You know, honestly, Mr. Chair, this isn't a quasi -legislative matter -- quasi-judicial matter; this is a legislative matter. He has no right to a rebuttal. Any right that you give him is at your discretion. Chairman Sanchez: Mr. City Attorney. Mr. Gibbs: Mr. Chairman. Chairman Sanchez: Whoa. Mr. City Attorney. Jorge L. Fernandez (City Attorney): It is purely a legislative matter in front of you. In legislative matters, it is the discretion of the Commission how you apportion speakers' time. There is no application pending. There is no entitlement. There is no cross-examination. There is no rebuttal. Mr. Bercow is correct. Mr. Gibbs: And, Mr. Chairman, I only ask that, as I was told, I would have five minutes and I was asking to reserve one of those five minutes for a response, because if Mr. Bercow or anybody else who's against this ordinance makes statements, I think that the people who are proponents should at least be able to respond to those. Chairman Sanchez: Well, counsel -- Mr. Gibbs: That's -- one minute is all I'm asking. Chairman Sanchez: -- I think our attorney has made it very clear. Mr. Gibbs: It's your discretion, that's correct, so it's your discretion, so are you going to allow me that minute? Chairman Sanchez: 1 would allow you that minute. Commissioner Allen: Yeah. Mr. Gibbs: Thank you very much, OK, and because I have four minutes, I'm going to try go get through this relatively quickly. I'd like to urge you to pass this on first reading for three reasons: City of Miami Page 85 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 It implements your comprehensive plan, it implements the intent of the NCD (Neighborhood Conservation District) ordinance, the enabling ordinance, and the people of the community are asking for this. This ordinance is not a cure-all. It seeks to limit the size of retail establishments; that's all it does, and the NCD-3 that you just passed was created in part to help preserve and protect what Coconut Grove is; a little community with quiet streets, residential character, lush landscaping, trees, interesting architecture, and small-scale retailing. The NCD enabling ordinance states that its purpose is to provide and to preserve neighborhood character and promote compatible development. This ordinance seeks to do just that by giving a tool to the City to limit retail use and to allow small retail, which is within character of Coconut Grove. This ordinance does not seek to exclude or include one retailer; it seeks to limit the type of retailer that does business in Coconut Grove, the size of the retailer that does business in Coconut Grove. Remember, this deals with SD-12 -- I mean, SD -- excuse me, SD-2 and SD-13. It provides a 20,000 square foot retail limitation there and a 70,000 retail square footage limitation in C-1. Why now? Why this ordinance? All you have to do is look at Kendall; large - box retail, big -box retail mushrooming over very large parking lots, like big scars on the land. You can see it even here in the City of Miami; just look at 8th Street. Big -box retail is not compatible with neighborhood retail in Coconut Grove. Large-scale retailing in Coconut Grove has been singularly unsuccessfully. Look at Kmart. Kmart failed in Coconut Grove. Look at Burdines. Burdines failed in Coconut Grove. The big -box retailers are saying, "bigger will work." Residents don't want bigger. Why? Bigger means more traffic in already -congested and gridlocked streets, and 1 just -- those Commissioners who drive down 27th Avenue, you tell me about gridlock at 27th and Dixie, 32nd and Dixie, Bird and Dixie; too much noise, too much traffic, too much impact on adjacent land. Big -box planners say big -box is permitted in C-1. Let's look at 8th Street again. All I'm going to say is look at 8th Street. There's a big box in C-1. You ask the neighbors on 8th Street what they think about that and how they live with that. Big - box attorneys say you can't downzone because state law allows a claim by a property owner for diminution of value, and we propose an ordinance that seeks only to limit the size of retail establishments to the largest existing retail that ever existed in Coconut Grove, which is 70,000 square feet. We're not asking you to reduce any existing retail size and we're not asking you to limit the permitted uses. When you look at this ordinance and when you vote on this, look at your staff recommendation. Your staff has said, "Vote yes." We'd like you to keep neighborhood retail in the Grove and keep regional, heavy use, large scale warehouse big boxes away from residential uses, while permitting that property owner to lease its property for their permitted uses. We urge you to pass this on first reading and send it on to second reading. Thank you. Chairman Sanchez: OK. (Applause) Chairman Sanchez: No, no, no, no, no. You could only do that at the Heat games. All right. Counsel, with the other -- would you like to bring your -- Mr. Gibbs: We have -- I'm sorry. We do have five other speakers who would like to speak after me. Chairman Sanchez: Have they all -- Mr. Gibbs: I apologize. Chairman Sanchez: -- been sworn in? Mr. Gibbs: Yes, everyone's -- Chairman Sanchez: Have they all checked in -- City of Miami Page 86 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Mr. Gibbs: -- been sworn in. Chairman Sanchez: -- with the City Clerk? Mr. Gibbs: Everyone's been signed in. Chairman Sanchez: All right. Listen, we're going to afford you two minutes, OK, please. Sir, please state your name and address for the record. Mark Alvarez: Mark Alvarez, 625 Northeast 50th Terrace, Miami, Florida. I'm a professional planner, AICP (American Institute of Certified Planners). Have been a planner for 15 years. Two -minute version. What we're here for is -- again, I'm going to restate, this is a legislative matter. This affects -- I know a lot has revolved around the issue of Home Depot, but this affects --1 had a presentation to show all this, but there are three C-I sites with four individual properties. There are 14 SD-2 sites that are affected, which contain 110 individual properties. These are properties where they could be assembled, and a big box above these limits couldn't exist, and it affects 8 SD-13 sites that have 41 individual properties. Altogether, there are 155 individual properties that are affected, and I bring this up because, again, this is very much a legislative matter and it is not about one particular retailer and one particular site. Why do we want to not have big boxes in Coconut Grove? Well, there are six reasons. The first, and as Tucker mentioned, it doesn't reduce property rights. I won't go any further with that. It supports the City's Comprehensive Plan. It supports Goal LUI.1.3, which is about reducing the encroachment and adverse impacts on neighborhoods from incompatible uses. It supports Goal 1.1.7, which is about providing adequate neighborhood shopping. It never -- there is no goal -- there is no policy, I'm sorry, in the Comprehensive Plan about reasonable shopping. There is a policy about providing neighborhood shopping. Both Goals 1.1.3 and 1.1.7 are amplified in the evaluation and appraisal report, and both have been recommended to the further strengthened with additional controls and additional things for buffers in transition zones. It also supports goal from Housing 1.1.7, which is restriction -- encourages restrictions in the land development regulations for large-scale or intensive commercial development -- is that my time? -- near housing. I'll skip through these, unfortunately. Chairman Sanchez: Why don't you just put them on the record? Mr. Alvarez: OK. Chairman Sanchez: Just read them. You have six. Mr. Alvarez: Real quickly. It implements the NCD. 1 know Tucker covered that. It protects the community from incompatible uses. You'll hear about that again. I'll just cover one very quickly, that it does reduce traffic. I compared, from the ITE (Institute of Transportation Engineers) Trip Generation Manual, from the 7th Edition, all of the uses that have -- that are basically big box uses; free-standing discount stores, discount supermarkets, discount clubs, home improvements, super stores, electronic super stores, toy super stores, baby super stores, pet super stores -- pet supply super stores, office supply super stores, book supply super stores or book super stores; they're all in there, and when you look at the trip generation on average for those, the daily trip generation comes out to 58.59 per thousand square feet of store, and the PMP, about 6 per thousand square feet of store. There are two uses in that manual. One is for shopping centers and the other is for specialty retail centers, which would be essentially the replacement that was -- would not be big box, a collection of small stores. Those average out to 43.63 on a weekday, and 3.32 -- I'm sorry, 3.23 for the PMP. That's 27 percent less for the same square footage on an average weekday and 45 percent less on the PMP, and my time's up, correct? Chairman Sanchez: All right. Thank you so much. City of Miami Page 87 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Mr. Alvarez: Thank you. Chairman Sanchez: All right. Next speaker, please. Good morning, sir. Please state your name for the record and address. David Collins.: Good morning, Commissioner. David Collins, 3230 Gifford Lane, owner of a store in Coconut Grove. The size of my store is 1,210 square feet. I'm also the president of the Grove Merchants Group. I'm honored to address this Commission at what 1 view as Coconut Grove's finest moment. 1 am honored to speak on behalf of our Commissioners' enlightened proposal that we limit size of stores to 70,000 square feet. If I may speak from the heart, there are 243 businesses currently in the commercial core of Coconut Grove. We exist because Coconut Grove has been a whimsical and impulsive place to go and have fun, to fall in love, to enjoy yourself to shop, to eat. I know that we've been asked not to overwhelmingly talk about traffic. On the other hand, if we build a barrier larger than 70,000 square feet near US 1, it will force traffic onto our only two or three other ways into the Grove. The Grove will no longer be a whimsical place, no longer an impulsive place. Every organization in Coconut Grove has asked you to support this limitation. Every -- not every business. I know of two businesses that haven't asked for this, but I walk and I work with these people everyday. This is what Coconut Grove wants. It's the recommendation of the Planning Department. I urge you, do not break the heart of Coconut Grove. Thank you. Chairman Sanchez: Thank you, sir, with 22 seconds to spare. Mr. Collins: Thank you. Chairman Sanchez: Thank you. We'll just roll it over. It's like the cell phones now; we'll roll over the minutes. Andy Parrish: OK, great. That's terrific. Hello, my name is Anthony Parrish, Andy Parrish. I live at 1617 Tigertail Avenue, in Coconut Grove. To honorable Commissioners and Mr. City Manager, thank you for letting us speak on this issue. How did we ever get to this point? We have a standing -room -only crowd begging you to do the right thing, and we have a big -box retailer telling you that the City's zoning code allows you no choice but to do the wrong thing because they have a right to be in the C-1 zoning district. I'm not a zoning expert. I can read and I read this ordinance myself, so how did we get to this really terrible position, to put you in as well? It's because of a zoning code that is ambiguous, long-winded, confusing, contradictory, and it's misleading, and the last word, "misleading," is the key one because if you follow what the big box people are telling you, that they have a right, a right to be in the C-1 restricted commercial zoning district, then you will have indeed been mislead to a place that I don't think any of you would have gone to but for that, so the truth of the matter is that we have a C-1 zoning ordinance that specifically and by name allows tea rooms, cafes, hobby supplies, toys, book stores, music stores, florists, delicatessens, ice cream stores, gift shops, and art stores. The -- but also allows hardware stores and stores selling home furnishings and appliances. These are the types of uses that people think of when they think of restricted commercial, and that's the title of the C-1 section; they don't think of big box users adjacent to residential neighborhoods. The problem is that the C-1 then goes on to list dozens, if not hundreds, of more intensive uses, if you count the conditional and accessory uses allowed by special permit or special exception. The big box would say that the C-1 language doesn't specifically preclude them from being there, and so, therefore, they can be in a C-I zoning district, but there is another zoning category and that is the C-2 liberal commercial district. A big box can go in a C-2 without having to get any special permit or any special considerations. A fair-minded person can't reconcile the language of the C-1 and the C-2 with the intent, the intent stated in those sections, so even if a big box was allowed before in a C-1 district of the City, it doesn't make it right now to allow them in another one if they weren't allowed there in the first place because two wrongs do not make a right, so to City of Miami Page 88 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 wrap up, at the very least, at the very least, you can enact this provision in the law, restricting big boxes to 70,000 square feet in order to protect the residential neighborhoods, but even more important, you can speak the truth that, taken as a whole -- after you, yourselves, have read the ordinances -- taken as a whole, the whole intent of the zoning code is to require that big boxes belong in the C-2 liberal zoning areas and not in the C-1. Do what is right and protect the residential neighborhoods, and if you do, if you say -- if you require the big boxes to go in the C- 2, this will be heard throughout the state of Florida, and that's what we're asking you to do. Chairman Sanchez: Thank you. Mr. Parrish: Thank you very much. Chairman Sanchez: Thank you so much, sir. Next speaker. Mel Meinhardt: Good morning, Commissioner. Thank you very much for letting me speak here this morning. I'm here to speak about -- my name is Mel Meinhardt. Chairman Sanchez: I'm sorry, sir. You need to just state your name and address for the record. Mr. Meinhardt: Mel Meinhardt, 3075 Virginia Street. I'm here to speak about the neighbors that we spoke about. The big question here is, what is a neighbor? Well, since somebody recorded that question back about 2000 years ago in Jerusalem, we've been trying to figure out the answer since, but neighbors care about each other. Before you here are the signatures of 10, 615 people, all collected in Coconut Grove, that have come out in opposing big -box development in Coconut Grove. If I were to read them, or anyone were to read them, just a -- I'm an engineer . I want to know what a number means. I did some calculations. One second per signature, we would be here for two hours and 55 minutes. If we took each signature and lined it up end -to - end, the signatures would extend for one-third of a mile. If we took the people outside the room, that everybody who signed here, and stood them shoulder -to -shoulder, it would extend 3.99 miles, enough to go from here up to Calle Ocho. That's this. We've also then allowed the opportunity for civic organizations and business groups to examine this issue, and each one has done so carefully. Fifty-one organizations have come out in opposition to big box here. I won't read all their names, but they include the Village West, Coconut Grove Village Council, Ransom Everglades, Belle Meade, Miami Shenandoah and Morningside Civic Associations, among many others. Today you see before you hundreds of people. We've counted 312 people came out specifically on their workday to hear this presentation; 47 of them are still in the lobby waiting to gain access, and other people have been turned away. The question is, what's a neighbor, who's a neighbor, and how can we live together as neighbors? And we thank you very much for considering this amendment, and we hope you'll pass it. Thank you. Chairman Sanchez: Thank you, sir. Sue McConnell: Sue McConnell, 3090 Virginia Street -- Chairman Sanchez: Good morning, ma'am. Ms. McConnell: -- Coconut Grove. Thank you. When Igo to the polls to vote, I vote for people that I think could best represent me and my community, and I think if this were an issue that could qualify to get on the ballot, that you would see a record number of voter turnout, and that it would be an issue that we would win by a landslide. I only regret that it can't get on the ballot, but I ask you, please represent the people that elected you. Thank you. Chairman Sanchez: OK. Ms. McConnell: And I'd like to give a minute to Sue Billig, if I could? City of Miami Page 89 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Chairman Sanchez: One minute and 32 seconds. Susan Billig: Thank you. Thank you for -- my name is Susan Billig, 3595 Avocado Avenue, and I know and love you all, and that's --1 don't want you to listen to what's in the newspapers because the newspapers are going to write whatever they feel, and our Commissioners are going to think about everything we've said and talk to us from their hearts. I know Johnny has always done that, and if you remember, we used to have a Commissioner that had a very heavy hand. We haven't had it this last Commission. All of you have been marvelous, and we are begging you to listen to what everybody said. Obviously, I had something all written here, but 1 can't read; I have the wrong glasses. I just -- I'm begging you not to take what little we have left of the Grove. I had a shop here. I have a son who works here. I have a daughter who lived here. We had a shop on Commodore Plaza, which was wonderful. We had that whole small store vitality that was going on in the Grove, and if we allow Home Depot to go in, any other big store is going to say, "Well, they did it. Why can't we do it?" Well, we have to close that door forever, and I'm begging you, Johnny, because I love you and I know you a long time. Chairman Sanchez: Is that in the form of a question? Ms. Billig: No, that's -- I don't know if he's single or not now -- Chairman Sanchez: Because if it is, it has to go through me. Ms. Billig: -- but I am. Commissioner Winton: Sue, the media is watching this. Ms. Billig: Thank you, God. Anyway -- Chairman Sanchez: You're both out of order. Ms. Billig: -- I'm begging our Commissioners to continue as they always had in the past, to think about all of us, and we voted for you and we want you, and we now have a stable Commission who thinks about Coconut Grove as a separate entity, as a village. Let's keep it a village. Thank you. Chairman Sanchez: Thank you. All right. Is that it? Norma Post: No, one more. Chairman Sanchez: OK. Ms. Post: I'm Norma Post. I've lived at 2061 Tigertail Avenue for 47 years. I've been before every Commission, every Mayor, every planning board for one reason. This is not just Home Depot. This is the fate of the Grove. You have, in the City of Miami, the Hope Diamond. Nobody destroys a diamond so that they can have many pieces of something. People come here on weekends. I work in real estate. They come just to drive through the area because it's a natural, beautiful area; that there isn't anything like it. When you destroy the Grove, you've destroyed everything, and people do not drive down 8th Street to take a look at the beautiful Home Depot and the slummy -looking signs of every sign -- every size and color. 1 don't know if we have a sign ordinance, so don't destroy the -- this Hope Diamond; appreciate it. I've been telling you for years, and all of us in the Grove have been telling you to appreciate what you have, and any kind of change in zoning, in creating a monstrosity where you're going to have trash everywhere, so please pay attention. This is an important moment in history for the City of Miami. Everybody knows Coconut Grove, from New York to California. Miami, that's another City of Miami Page 90 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 New York City. Coconut Grove. Chairman Sanchez: Thank you, ma'am. Counsel, counsel, that's it? OK. Sir, counsel on the other side. Did they arrive? Mr. Bercow: Yes. Chairman Sanchez: OK. Mr. Bercow: Mr. Workman is here. Thank you. Chairman Sanchez: All right. You could proceed with your presentation. Mr. Bercow: You can just give us a minute to set up, please. Chairman Sanchez: Absolutely. Mr. Bercow: Thank you, Mr. Chair, Commissioners. My name is Jeffrey Bercow. I'm an attorney with the law firm of Bercow and Radell, 200 South Biscayne Boulevard. Our team is here. Mr. Workman has arrived. He's the Florida real estate manager for Home Depot. We have our local architect, Max Strang, our planner Jack Luft, our transportation engineer, Miranda Blogg, and my partner Ben Fernandez, who's passing out some photographs of the site to you right now. We're here today representing Home Depot, but the ordinance is the issue, and this ordinance is clearly an attempt to stop Home Depot, as the T-shirts and the petitions clearly indicate. To give you a little bit of background about our site so you can understand the impact of this ordinance, we're showing you an aerial photograph of this property, which, of course, is located on South Dixie Highway, South Dixie Highway and 32nd Avenue. The site's a little bit over eight acres net, and since the PAB hearing, I have confirmed that it's also a little bit under 10 and a half acres gross, which means that, today, under the C-1 zoning, with or without this ordinance, this property is zoned for almost 785,000 square feet of commercial space, or a 1570 -- a 1,570-unit high-rise building. The photographs that we've given you show the commercial character of the site and the area. It shows the impact of US 1, and it shows the current impact of the stores on the site, with their loading in the rear; the impact on the homes on Bridgeport Avenue. Now, let's talk a little bit about the neighborhood conservation district, NCDs. They're codified in your code at Section 800 of the zoning ordinance. NCDs are supposed to be a protective element that sets forth criteria to preserve neighborhood character and promote compatible new development. The intent behind these districts is that your staff and you are going to engage in extensive fact finding, receive neighborhood input, have public workshops and public hearings in order to determine the neighborhood character, and then implement regulations for the site. The NCD-3 district itself the original district that you just approved a few minutes ago, followed this process. Lourdes Slazyk testified at the PAB hearing that the department, in fact, hired a consultant to do extensive fact-finding and draft regulations, and when she was asked by a PAB member how long the process took, she said years. Well, what do we have with this amendment? There's no process, there's no fact-finding, there's no neighborhood input, and there's no public workshops. You just have Tucker Gibbs showing up at a City Commission meeting barely a month ago and asking the City Commission to amend NCD-3 to limit retail uses to 70,000 square feet per tenant. There's no process here which shows that you've got an arbitrary and capricious ordinance. Furthermore, there's no nexus, there's no connection between the goals of this ordinance and what the ordinance does. For example, the intent of the NCD-3 district is to preserve the historic heavily landscape character of Coconut Grove's residential areas. I ask you, how does a 70,000 square foot limitation on a retail tenant preserve landscaping in the residential areas? The intent of the amendment is to preserve the neighborhood retail character of the commercially zoned areas within NCD-3, and also to protect the architectural variety and quality of architecture within the commercial districts in the NCD-3. Unfortunately, your staff has done no fact finding on this issue, and Jack Luft is going City of Miami Page 91 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 to show you that, with few exceptions, there is very little neighborhood retail character, or architectural quality in the C-1 districts in NCD-3. He's going to show you also that the 70,000 square foot limitation, practically, only applies to this site, and that this ordinance is clearly an attempt to keep Home Depot out of Coconut Grove. Therefore, it's arbitrary and capricious, and we've prepared a memo to the City Attorney on this issue, and given a copy to Mr. Gibbs a few minutes ago. It's arbitrary and capricious because these regulations will do nothing to further the alleged intent of this ordinance. We also believe that it's reversed spot zoning, which occurs when a local government singles out one or more sites for adverse treatment in a zoning ordinance. Commissioners, I know your staff is going to say, "No, no, no. There's other parcels that this ordinance applies to," but you know and I know and Coconut Grove knows that this ordinance was prepared by Tucker Gibbs, who is hired by the Grove First to defeat Home Depot. It's on their website and it's certainly no secret, so at this point, I'd like to introduce Kevin Workman, the Florida real estate manager for Home Depot. Chairman Sanchez: Thank you. Before we do that, could you please turn off your cell phones, please? Well, I've heard some go off. You know, it's my fault. I'm not going to point at anybody. All right, sir, welcome to the City of Miami. Kevin Workman: Thank you. Chairman Sanchez: Are you staying here for a couple of days? Mr. Workman: I am, actually. Chairman Sanchez: Good. In the City of Miami? Mr. Workman: To and from, from here to Palm Beach. 1 cover all the south. Chairman Sanchez: Oh, but you're not staying here at our local hotels? Mr. Workman: Would you stay here with these people? No, I'm just kidding. They want -- Chairman Sanchez: I'm just trying to get -- Mr. Workman: -- me lynched here. Chairman Sanchez: -- you to stay here in the City of Miami. Mr. Workman: And I'm scared. Chairman Sanchez: Good morning. Mr. Workman: No. Chairman Sanchez: Please state your name for the record. Mr. Workman: Kevin Workman with Home Depot. I'm the south real estate manager, so -- Commissioner Allen: What's your last name again? Mr. Workman: Kevin Workman. I think, as everybody knows at this point, we took over this site -- took control of this site last fall, the Kmart. We started our original plans and we just planned to do an original Home Depot, the standard box that we always do. Obviously, we started to see all the opposition and everybody's negative concerns, and we started to listen. We actually shelved the plans and we went back to management and said, you know, what are our City of Miami Page 92 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 opportunities here? Because we have done some really exciting stores recently. We've done the Manhattan stores, two Manhattan stores, the Chicago store and the Vancouver store, so we were very excited about that. We actually got the management to agree to that, and we stopped and hired Max Strand to really start working on a new concept store. Obviously, because it is a new concept, it's taking us a long time so we haven't been able to move as quickly as we would like to or anybody would like us to, but it -- we're very close and I think we're going to have those plans ready so we could actually debut those in the next two weeks, so putting all that together, we also understand 8th Street was a mess. It's an anomaly. The store is very busy. It's one of our busiest stores, so we've gone back, and we had our team go down there, reevaluate the store. We've done a complete renovation, plan package that we just submitted to the City, which is in for permitting right now. Commissioner Regalado: Excuse me. Mr. Workman: Uh-huh. Commissioner Regalado: 1 would beg you or urge you not to speak about Southwest 8th Street. That's the area that I represent, because then -- Mr. Workman: OK. Commissioner Regalado: -- if you talk about your plan for Southwest 8th Street, Home Depot, I have to talk about the situation of West Little Havana with Home Depot, and the things I'm going to say, you won't like, so -- Mr. Workman: 1 understand. I totally understand. We've heard you and we're trying to make those changes, so basically, working with Max, we came up with some new solutions, not only to come up with an upgraded store that's very exciting and more of a urban concept, but it actually addresses a lot of the concerns of the neighborhood, keeping the grocery, reworking the traffic so that the trucks are limited to US 1, and it's really exciting plan. What I've seen us come up with so far is a very exciting plan. I'm really excited about it, so I hope we have the opportunity to continue with that, and I guess that's probably it for right now, so -- Chairman Sanchez: All right. Mr. Workman: -- if you have any other questions, 1'll be pleased to answer them. Chairman Sanchez: Thank you. Who's your next speaker? Mr. Bercow: Max Strang. Chairman Sanchez: Unless -- well, I would encourage the Commission to wait till the end to ask questions, and that way you could always bring somebody back for that question, so we could get the presentation done. Sir, please state your name for the record and your address. Max Strang: Yes, good morning. I'm Max Strang, 4080 Douglas Road. I'm somewhat of a man in the middle here. 1 come as a Grove resident. I come as the architect for Home Depot, and 1 also come as a former member of the City of Miami Planning Advisory Board. Kevin touched on a lot of the issues of this new concept that Home Depot is embracing for this store because it is such a unique location, as we've seen. I would not have stepped foot into a meeting with Home Depot and continued if this was going to be another orange and tan box. This new design is as far from the orange and tan box as you can get. We're looking for Coconut Grove for inspiration for the style of this store. It's, you know, I would say, best described as more of a Key West theme, modernist kind of look. It's -- it will be a -- probably one of the most sophisticated stores Home Depot has ever built. We've been listening to all the issues of loading and traffic. City of Miami Page 93 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 We've had them turn around the entire site plan to keep all of the trucks and their loading berths on South Dixie Highway, but right now those two berths from Kmarts [sic] are right on Bird Road, right across from condos. We've also tried to make it as easy as possible for vehicular traffic, for customers to exit and enter from US 1. The grocery store component. We're not just trying to do a little boutique store here. We are trying to keep or, actually, enlarge the square footage of the existing grocery store and use a grocery store as part of this new concept plan, so we will have mixed retail, and nobody's mentioned really trees and parks that much, but one component of our new concept plan is to actually give something back to the neighborhood, and introduce a small pocket park on Bird Road, so to me, this overlay district -- or the amendment here is one of those cases of the best intentions make the worst laws, and I think that's what we're looking at. Thank you. Chairman Sanchez: Thank you, sir. Jack. Jack Lufi: I'm kind of like Max; I'm in the middle. Chairman Sanchez: There's a lot of people in the middle. Mr. Luft: Yes, sir. My name is Jack Luft, 1717 Windward Way, Sanibel Island, Florida. My condition for getting involved was that this was going to result in quality architecture and it was going to preserve neighborhood services for this community, which is, in my judgment, the real issue. This the only place that major neighborhood services can be built in the Grove. You're not going to get a grocery store in the downtown or on 27th Avenue. This ordinance presumes, under the police power of government, to protect the public health, safety, and welfare. When you make that presumption, you must establish, in fact, what it is you're protecting. You simply can't say that I'm protecting a character and architectural quality; you have to demonstrate it. There has been no such demonstration, as Mr. Bercow has said. In fact, if you want to take a look at the C-1 districts in the Grove, let's start at 27th Avenue with Crook & Crook Bait Supply, a lemon yellow store with ice machines out front. Next to that a billboard, and next to that a resume place with 17 signs on the front of it. Next to that, the Superstar Video, and the ( UNINTELLIGIBLE) painted yellow strip mall that it's a part of, across the street is a mini mart with a Stolichnaya vodka sign on it, and rounding out the C-1 district on 27th Avenue is the Burger King with a false mansard roof and a fake brick front That is your architectural quality at the entrance to the Grove. You move on down, we come to this site. This is what we have. This is the existing shopping plaza. It would be charitable to say that this lacks any architectural distinction. The best thing I can say about it is it's not painted lemon yellow. There is no integrity, no sight character; nothing to preserve on this site. Trees we can preserve. Next to that is Taco Bell, and across the street, as you can plainly see, the cherry red rooftopped [sic] McDonalds, and that is the C-1 character of 32nd Avenue. If you move on down to Bird Road, you all well know, we come to Bubba's Carwash and the Mobil gas station, and across the street, the oil change place with a giant tin fellow on the front of it, and that is the character of that particular intersection, and we finally end up, after we pass Wendy's and the auto supply store on US 1, also in the C-I zone, we come to 37th Avenue, where the only commercial properties are the Citgo gas station and a redone, full big box that is now the Home -- the social service center for the County, which is wrapped in a six-foot chain link fence. Now, that's what this particular ordinance is striving to protect. Of course, I can understand why they didn't want to document that because to do so would have been embarrassing, to try to make the connection between what you're protecting and the public interest. The second problem with this ordinance is there are no design standards or guidelines about what might replace this. They presume to protect the interest of the Grove, but in fact, there isn't one shred of a guideline or a standard to work with. What this ordinance is a partition wall ordinance. It basically says, for this project here, the Kmart commercial project, the only thing you have to do is preserve the partition wall between Kmart and Payless Shoes, that's it. If you do that, everything's just fine. That project can remain exactly as it is, architecture just the same, the loading docks in the back next to the residential can remain; nothing changes. We all know what the circulation of patterns for trucks City of Miami Page 94 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 for this has been for years. They come down Dixie Highway, they turn on Bridge Port, they go to Bird Avenue and they come in the back end; they offload and then they come back out onto Dixie Highway. They go through the neighborhood and nothing in this district will change that. You could, however, in this district, remove the petition wall between Payless Shoes and Walgreens and between Walgreens and Milam's, and all those uses could disappear. This would make an excellent site for a Sports Authority, or a Pep Boys Auto store or a TJMax. Mr. Alvarez just listed a whole bunch of major big -box retailers that I would point out that clearly half of that list are under 70,000; the big book stores, the major discount clothing stores. There are a multitude of possibilities that would go in here, if you didn't want to go through the trouble of redeveloping . Very easy, but the key is, nothing in the NCD-3 district preserves neighborhood services for this site and for this community, absolutely nothing. It's all a partition wall ordinance, and it's all about, presumably, protecting neighborhood character. Obviously, if you leave a loading dock that circulates through the neighborhood and you do nothing to change that, are you protecting the neighborhood? Of course not. Let's be honest about this. This district is a contrived, flawed ordinance that was literally crafted overnight. It has no relationship to what it says it's going to do. It's not documented and it has no design standards. The 70,000-foot limit is not relevant to preserving neighborhood retail. You would be told that's a regional store. The difference is, regional stores in the suburbs serve a population of five units, per acre. Look what's happening in Brickell. Looks what's happening to downtown. Tens of thousands of new residential units are coming in, and in dense urban areas, the service limit is now, according to the Urban Land Institute, three to four miles for this kind of store. Thank you very much. Chairman Sanchez: Thank you, sir. Counsel. Mr. Bercow: Our next speaker is Miranda Blogg, our transportation engineer. She should be very brief and then Ben Fernandez will wrap up. Miranda Blogg: Hello. Again, my name is Miranda Blogg. I'm with Kittelson and Associates from 110 East Broward Boulevard, in Fort Lauderdale. We did a preliminary transportation trip generation study for Home Depot, and found that comparing the existing site uses, which would include Kmart with a home improvement super store, which is the classification for trip generation, that it produces less trips than the existing, including Kmart, and comment to the previous planning trip generation versus shopping center and specialty retail, the average rate, per 1,000 square feet, is 40 for a specialty and a shopping center, versus 20 for a home improvement super store, would generate approximately half the trips that are existing. Thank you. Ben Fernandez: Thank you, Miranda. Commissioners, for the record, I'm Ben Fernandez, 200 South Biscayne Boulevard. I'll be very brief because I think most of the major comments have already been made, but Commissioner Regalado, Commissioner Winton, if you want to avoid another Southwest 8th Street situation, then don't pass this ordinance, because what this ordinance -- whether it's Home Depot or any other big box user -- what this ordinance is going to ensure that any new retailer that comes into this site that is 70,000 square feet is simply going to reutilize the existing infrastructure and the existing footprint, and the issue with this property is that the configuration of the shopping center is just inappropriate, it's wrong. It's a poorly designed shopping center, and the only way you're going to get around that is by completely redesigning the entire center, and that's exactly what Home Depot intends to do. That's what you heard Max Strang say. Another thing that's significant is that this is an NCD ordinance. As Mr. Luft indicated, an NCD, Neighborhood Conservation District, there's nothing to conserve on this site. There is no architectural integrity in this area. All of US 1 in this area doesn't really have an architectural integrity. If you want to encourage an architectural theme that's consistent with Coconut Grove and landscaping and palm trees, et cetera, then you should utilize perhaps a special district; encourage the right type of design, and that's exactly what Home Depot wants to do again, and that's why we've commissioned Mr. Strang, who's intimately familiar with Coconut Grove, to come up with a design that I'm sure you're all going to be happy City of Miami Page 95 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 with and that the neighbors are going to be happy with. Again, what this NCD does, the 20,000 square foot limitation that it creates on some of the other zoning districts, the SD-2 and SD-13 is also a potentially -- something that's inappropriate. It's going to make some of the existing uses in the Grove nonconforming uses, in our opinion, and that's nothing to be taken lightly. Also, on this property, as of right, based on C-1, you can develop a mixed -use project, with a 1.72 FAR ( floor area ration) in a very tall project. This ordinance doesn't do anything to control those types of impacts. This is clearly a reactionary ordinance. It's been designed to stop Home Depot . That's the only issue. It has nothing to do with neighborhood conservation, and it's arbitrary and capricious and ill-conceived. We're not going to bring you a big box. We're going to bring you something that is really original, and we just want you to give us the opportunity to do that. We want to incorporate a grocery store into the design, as well, and I think that the neighbors are going to be very happy to see that, and with that, I'd just like to -- Commissioner Regalado: Mr. Chairman. Mr. Fernandez: -- thank you for your time. Chairman Sanchez: All right. Does that conclude your presentation? All right. Comes -- wait, hold, hold, hold. Comes back to the Commission. Commissioner -- Commissioner Allen: Yes. Chairman Sanchez: -- Regalado and then Commissioner Allen. Commissioner Regalado: OK. Mr. Gibbs: Rebuttal. Chairman Sanchez: Cross-examine? Commissioner Regalado: I am -- Mr. Gibbs: No, rebuttal, remember? Commissioner Regalado: Yeah. Mr. Gibbs: You gave me one minute to -- Commissioner Regalado: I am a little confused because I think that we've been listening to a very detailed explanation what -- of what it is, should be, or it isn't, and first of all, I'm confused because some of the speakers representing Home Depot has said that this ordinance is and was drafted exclusively to avoid having a Home Depot, so the City staff and us are being accused of making something only for one place, one issue, one business. However, the same representatives are telling us that they just invented and designed a unique store only for Coconut Grove, so we are here on both sides on the exclusivity area. The second thing that 1 don't understand is this whole debate about if the architecture and the design, if the preservation of that shopping center and others, and other stores, and other businesses, the issue here is that a Home Depot store generates double the public, double the traffic, double the noise, double the garbage than any other store, and the issues that the residents have is not about architecture, it's not about being beautiful, it's not about having Cinderella's castle on Bird and 32nd; it's just about traffic. Ask me, my God, I don't want to talk about Southwest 8th Street, but let me tell you just something. The gentleman from Home Depot said that he understand -- or they understand that the West Little Havana Horne Depot store is a mess. I am glad you got them. Six years -- it took six years, but it's -- I'm glad you got it. I feel offended, though, that now you have come up with landscaping and all these plans for the Home Depot in Southwest 8th Street, now that you have this issue in this Grove. Had not been for you, the people of Little Havana, my friends of City of Miami Page 96 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Coconut Grove will be, for the next ten years, with the noise, the garbage, the parking in their swale areas and driveways forever and ever and ever, like taxes and death, so I don't -- you know, I don't know what the members of the Commission will say. I don't think that this is an ordinance that is geared for one store. 1 think it's just about protecting the size of store. I don't see anything wrong in it, and I just hope that the Home Depot understands that their kind of store is different than the Wendy's, or the Taco Bell, or the other stores in the area. Thank you, Mr. Chairman. Commissioner Allen: Mr. Chairman. Chairman Sanchez: Before -- Commissioner Allen -- Commissioner Allen: Oh, sure. Chairman Sanchez: -- I did allow the -- Commissioner Allen: Right. Chairman Sanchez: -- counsel to have a minute to make a statement. There will be no rebuttal or cross-examination on this; just a minute to make a statement. Mr. Gibbs: That's correct. I just wanted to respond to a couple of the issues. Tucker Gibbs, representing One Grove Alliance. People are talking about this neighborhood conservation district. I want to read to you from the neighborhood conservation district ordinance, which implements NCD-3. It says the purpose of creating a neighborhood conservation district is to, among other things, promote compatible development by regulating new construction, major alterations, additions to existing buildings. That's what this is about. That's exactly what this is about. This is not about anything else, but to make sure that the character of that neighborhood remains the same, and you cannot keep that character by having a 133,000 square foot Home Depot. By the way, all the wonderful words from Home Depot about how they're going to hire -- how they've hired Max Strang -- I don't even know if they -- if they're going to promise they will actually do what he designs, because we don't know that. They just hired him. They probably can put his plans in the shelf if they don't like it, but what's very interesting about this whole project is they're talking about a wonderful Max Strang -designed Home Depot. On March 17, they submitted plans for a 133,000 square foot box on that site. I just want to put that out there. You know, talk is cheap. They talk about Vancouver. They talk about Chicago. Look at their project in Dade County. Look what they've done to Dade County, North Miami, North Miami Beach. Look at 8th Street. Those are the issues. They talk about the fact that this is arbitrary and capricious this ordinance; that there are no facts. You've had -- this matter has been in front of the Planning Department. Yes, I did draft it. I e-mailed it to Lourdes Slazyk back in December. I've met with Commissioner Winton on numerous occasions on this piece of legislation. It's been out there. It was vetted at a public hearing, at the Planning Advisory Board. Your professional planning staff has made professional recommendations in favor of it. This thing has as much vetting as any other zoning ordinance in the City of Miami, and the fact that Home Depot doesn't like it, and it doesn't just deal with this property; it deals with five C-1 properties, but Home Depot, because they don't really care, hasn't talked about the 110 properties in SD-2 this affects, or the 41 properties in SD-13 affects. They talk about high-rise here. High-rise is allowed, with a special exception, after a public hearing by this Commission. Chairman Sanchez: Wrap it up. Mr. Gibbs: We don't get that. The point is is that Home Depot is worried They're worried about themselves. They're not worried about the community. That's your job. That's why we're here. The public here is from Coconut Grove. They're speaking to you loud and clear, and we're asking you to listen. Pass this on first reading and let's really discuss it on second reading. City of Miami Page 97 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Thank you. Chairman Sanchez: Thank you. Commissioner Allen, then Commissioner Winton. Commissioner Allen: Yes, and thank you, Mr. Chairman. Frankly, I have about perhaps maybe three or four questions, but before I get to the bulk of my questions, there's basically one or two questions I'd like to ask of our City Attorney, and then, thereafter, I would like to ask substantive questions after I've heard from my fellow Commissioners, if I would be allowed to do that, Mr. Chairman. Having said that, first of all, 1 want to thank the show of support from the Grove residents. This is quite a showing, and 1 do reflect that in my deliberations, as well. Having said that, let me now turn to the City Attorney. First and foremost, this whole issue about whether or not this particular ordinance is capricious or arbitrary and without some sort of logical nexus, I personally do see a logical nexus, but can you address the issue just from a legal standpoint as to whether or not this particular ordinance appears to be capricious or arbitrary? Mr. Fernandez: As we have reviewed the same, it does not appear to us, and in fact, categorically, I state to you that it isn't arbitrary or capricious. Commissioner Allen: OK. Now, secondly, the fact that this is before the full body of the Commission, in terms of -- I've heard some information that an application had been filed on March the 17th. Can you juxtapose that with this particular ordinance? Is there, if you will, some sort of ex post facto effect, if you will? Mr. Fernandez: The parcel in question, where Home Depot has an interest, is already zoned C-1 , and what they have done -- they would need to speak to this, but the way that I read the -- their application, is to preserve whatever rights they have under the existing ordinance to proceed to develop that site. Commissioner Allen: OK. Commissioner Winton: Would you explain that, more detail? Commissioner Allen: So -- and -- Commissioner Winton: What does that mean? Commissioner Allen: Well -- Mr. Fernandez: That means that whatever is allowed to be built presently, as of March 17 on that parcel, that's what Home Depot has applied to build. Commissioner Winton: And what is that? How much is that? Mr. Fernandez: You need to get staff to give you the particulars of that. Commissioner Winton: OK. Commissioner Allen: Right, but however, 1 guess the next question then is, this ordinance could very well affect the substantive nature of that application, so -- Mr. Fernandez: Which ordinance are you talking about? The one that's presently in front of you? Commissioner Allen: Yeah, before us now. City of Miami Page 98 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Mr. Fernandez: No. It is my opinion that it will not affect the present application. Commissioner Allen: OK. All right, so Mr. Chairman, as I said earlier -- Commissioner Winton: So -- Commissioner Allen: -- I have a few more substantive questions, after I've heard from some of the other Commissioners. Chairman Sanchez: Would you like to yield to Commissioner Winton? Commissioner Allen: Yes, I would. Chairman Sanchez: Commissioner Winton. Commissioner Winton: Mr. City Attorney, 1 think this is the crux of the issue, the crux. Home Depot has an application before the City to build something, and maybe the Planning Department needs to step to the microphone and put on the record what Home Depot has applied for. Mr. Fernandez: Correct. Ms. Slazyk: I'm sorry. I was finding out the size of the store that they already filed for. It's 130, 000. What was the question? Commissioner Winton: That's the question. Home Depot has plans -- Ms. Slazyk: Yes. Commissioner Winton: -- before the City right now -- Ms. Slazyk: They have filed -- Commissioner Winton: -- to build a 130,000 square foot store -- Ms. Slazyk: Correct. Commissioner Winton: -- that looks like a Home Depot. Ms. Slazyk: Correct. Commissioner Winton: Mr. City Attorney, will this ordinance affect Home Depot's ability to build a 130,000 square foot store, the one that's before the City today? Mr. Fernandez.: No. Commissioner Winton: So they can, by right, build that store -- Mr. Fernandez.: Yes. Commissioner Winton: -- without us stopping it? Mr. Fernandez: Correct. Commissioner Winton: And that's the crux of the -- excuse me, I've got the floor. That's the crux City of Miami Page 99 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 of the issue here. I'm going to go back to the beginning of the Home Depot issue. Contrary to what he stated in a newspaper article, the first time 1 heard about Home Depot was from the Shell Lumber guy, when I was at Shell Lumber buying something from Shell Lumber, who said Home Depot is coming to the Kmart site and I think you need to do something about that, and 1 said to him, my job isn't to regulate competition and stepped back, because my understanding at the time was that Home Depot was going to take over the Kmart site, like anybody else, Zayres and whoever else been there, so I didn't have any opposition. Later, however, I learned that Home Depot's plan was to take over the entire site; get rid of the grocery store; build Southwest 8th Street, and they're all happy, and I said then, over my dead body. Home Depot is not going to build Southwest 8th Street anywhere near Coconut Grove, and I've been to -- I'm a handyman guy. I do stuff in my house, and I've been to that Home Depot and the Shell Lumber store more times than I ever want to think about, and that Southwest 8th Street store is an absolute abomination, and for Home Depot to consider that they're going to come to the Grove and build that store, I was radically opposed to, but I did understand, because I spent time with the City Attorney trying to understand what rights any retailer would have -- Home Depot aside, anybody -- what rights today, without our new ordinance, what rights would any retailer have for that site? And those rights are substantial, as our City Attorney just said. They can build 130,000 square foot Southwest 8th Street store on that site now and we can't do anything about it, and I've known that answer for some time now. I have had, I think, four meetings with Home Depot representatives, and in the first meeting -- you know, when you're going into negotiations and you're already mad? You know how those negotiate -- you're just sitting there kind of in knots ready to jump. Well, that's how I was sitting there; I was sitting in knots ready to jump, but an interesting thing happened on the way to the jump, and that is, Home Depot said, "We don't want to build Southwest 8th Street and we're willing to listen to what you and the community think might be appropriate," so we laid all the issues out on the table. I'm still negotiating with Home Depot. Those negotiations aren't completed We have a meeting scheduled with Home Depot later this month. They have developed a set of plans for that site that includes a grocery store that, essentially, bulldozes what's there, redoes everything. If we pass this ordinance that will -- I'll back up a step. Mr. City Attorney, if Home Depot has, by right, the ability to build 130,000 square foot site there right now, which you're saying they do, if Home Depot brought a product to the table that was light years better than the one we're looking at, and it happened to be 100, 000 square feet, or 90,000 square feet, or whatever the number is, could they build that if we pass this ordinance? Mr. Fernandez: Presumably, yes. They have established the maximum that they could build. It doesn't dictate that they have to build the maximum number of square footage. The question really would turn on the plan that is submitted. If their application changes and it is a different application than the one we have pending, and this ordinance that is in front of you has already become effective, then they're subject to whatever ordinance -- Commissioner Allen: Right. Mr. Fernandez: -- is in effect at the time that they perfect a new plan. Commissioner Winton: So what happens here is that the law of unintended consequences comes to the forefront hugely. That means then that whatever negotiation power we have gets wiped out, and they'll just build their 130,000 square foot store that none of us want; is that not correct? Mr. Fernandez: It would be -- again, because we read the -- our ordinance very strictly. It is their ability to have filed and perfected a complete application prior to the effective date of any subsequent ordinance that passes, and so if they have to submit a new application and this ordinance or some similar ordinance comes in place, then they would be subject to that ordinance. City of Miami Page 100 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Commissioner Allen: OK. Commissioner Winton: Then 1 don't know if I get a second or not, but I'm going to seek a modification to this ordinance, and the modification that I'm going to ask for this ordinance -- the ordinance currently says that you can't build anything over 70,000 square feet period. Mr. Fernandez: Right. Commissioner Winton: So that means that tomorrow, they're going to continue pushing their plans for their 130,000 square foot store, I'm going to assume, which I think will be an absolute disaster. However -- and by passing this ordinance, the new plan that I've been negotiating with them is gone, it's out the window, and I don't think that's in anybody's best interest. I think that this ordinance needs to be modified so that anything over 70 -- from -- what's the recommendation from Planning? I mean, from the Planning Board? Ms. Slazyk: Of the Planning -- the Planning Advisory Board said between 55,000 and 70 should require a Class H . Commissioner Winton: And I'm going to recommend that we modem that to say anything over 55 ,000 square feet, period, requires a Class II, so that then we have more leverage to continue to negotiate something better by light years than what we're going to get stuck with if we pass this ordinance the way it is. Commissioner Allen:: Right. Mr. Chairman, quickly, it's in line with you -- what you're asking, Commissioner Winton, not to pre-empt what you're saying. For clarification purposes, Mr. City Attorney, when you speak of application, your understanding is a completed application or an ongoing application? Because, you know, we talk about ex post facto, but my understanding of ex post facto largely applies to criminal -type of procedures. Commissioner Winton: What's ex post facto? Commissioner Allen: Well -- Priscilla A. Thompson (City Clerk): Legalese. Commissioner Allen: -- my understanding of ex post facto -- Chairman Sanchez: Attorney talk. Commissioner Allen: -- is it applies to criminal procedures. However, a government can, in fact, pass an ordinance that can have retroactive effect -- Mr. Fernandez: Correct. Commissioner Allen: -- so I guess the question is it has to be completed application, right, not just you file an application and -- on a pending application, so I think that needs to be clear before we even consider your recommendation, Commissioner Winton. Mr. Fernandez: It's a complete application, and -- Commissioner Allen: Right. Mr. Fernandez: -- staff can speak to that. Chairman Sanchez: Well -- City of Miami Page 101 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Commissioner Allen: So -- Chairman Sanchez: -- this modifies it and sends it back to first reading. Commissioner Allen: Right. Commissioner Winton: No, 1 don't think -- Chairman Sanchez: It doesn't? Commissioner Allen: Right. Commissioner Winton: Will this -- Mr. Fernandez: No. Commissioner Winton: I hope not. Chairman Sanchez: OK. Well, I just -- Ms. Slazyk: If you're not making it more -- Chairman Sanchez: I'm just inquiring. Ms. Slazyk: -- evict active, then it can be done on the floor -- Commissioner Allen: Right. Ms. Slazyk: -- I believe. Chairman Sanchez: All right. Mr. Fernandez: Correct. Commissioner Allen: So -- Chairman Sanchez: So it could be amended? Commissioner Allen: Right, right, but -- so therefore, based on what you just said, Mr. City Attorney, notwithstanding the application being filed on March 17, if this body were to approve and pass this ordinance, pursuant to Commissioner Winton's modifications, this existing lot will be subject to the new -- this new ordinance, am I correct? Chairman Sanchez: No. Mr. Fernandez: No. It's the application -- there is an application -- and staff needs to speak to this -- that was filed on the 17th, and that has been deemed to be a complete application. Commissioner Allen: Oh, it has. Ms. Slazyk: Yes. What the Zoning Ordinance says, section 25 -- 105, this is what addresses what happens when somebody files an application for a permit and the City Commission amends the law while they're in process. I don't know if you want me to read it or -- basically, they have six months from the effective date of whatever you're going to adopt to get a building permit. If they can't get a building permit within six months, they'll be subject to the new rules, OK. They City of Miami Page 102 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 have filed a complete application on March 17, so they're already in process. If this ordinance passes today, and second reading in April, we have advertised this ordinance with an immediate effective date, which means April 28, which I believe is second reading; it will be in effect that date. Commissioner Allen: Right. Ms. Slazyk: Their six months start counting on that day. If they don't get a permit within six months, they'll have to meet whatever new law you're passing that affects their proposal. If they get a building permit and they -- within those six months, they are vested forever under that building permit. Commissioner Allen: So, having said that, does Commissioner Winton want to -- Commissioner Winton: I'm -- Commissioner Allen: -- reconsider his motion or -- I don't know. Commissioner Winton: No. I mean, I -- well, I haven't made a motion yet, but when I make -- Commissioner Allen: OK. Commissioner Winton: -- the motion, it's going to be to pass -- Chairman Sanchez: To amend it. You need a motion to -- Commissioner Winton: To -- Chairman Sanchez: -- amend it to 55. Commissioner Winton: Yeah. Well, I'll move it. I'll make a motion to -- Chairman Sanchez: There's a motion to amend the current ordinance on first reading to 55 -- Commissioner Winton: That anything over -- Chairman Sanchez: -- 55,000 square feet. Commissioner Winton: -- 55,000 square feet will be -- Chairman Sanchez: Class II. Commissioner Winton: -- required to have a Class II permit, and what the Class II permit does is it triggers -- Ms. Slazyk: All the design -- Commissioner Winton: -- the ability for anybody to appeal the permit, which then requires a public hearing. Ms. Slazyk: More importantly, it triggers all of the design review criteria that goes to all of the issues of scale and character. Commissioner Winton: And it gives us a tremendous amount of power. City of Miami Page 103 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Chairman Sanchez: All right. There's -- Commissioner Allen: OK. Chairman Sanchez: -- a motion. Is there a second? Commissioner Regalado: Can I -- Commissioner Allen: Second, but -- so we'll -- Commissioner Regalado: I will -- Chairman Sanchez: Need a second before we discuss it. Commissioner Regalado: I need to ask something to the maker of the motion, in order to second, so, Commissioner Winton, what you're proposing is to keep the 70, 000 feet -- Commissioner Allen: No. Commissioner Regalado: -- maximum -- Commissioner Allen: No. Commissioner Winton: No. Commissioner Allen: Eliminate that. Commissioner Winton: No. Commissioner Regalado: Oh. Commissioner Winton: I'm saying that -- Commissioner Regalado: I didn't hear eliminate the 70,000. Commissioner Winton: --1 am not -- I'm taking the cap off the -- Commissioner Allen: Off right. Commissioner Winton: -- 70,000 square feet and saying that anything over 55,000 square feet will require a Class II permit, which -- Chairman Sanchez: I need -- Commissioner Winton: -- triggers all of the things -- Chairman Sanchez: I need a second. Commissioner Winton: -- that we need from a strength standpoint. Chairman Sanchez: I need a second for the purpose of discussion. Commissioner Allen: Second. Second the motion. Chairman Sanchez: There is a second on the floor for the purpose of discussion. The second City of Miami Page 104 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 was made by Commissioner Allen, for the record. It's under discussion. Commissioner Regalado. Commissioner Regalado: I just think that I cannot support that, because I think that the whole - - this Commission voted to have the 70, 000 feet and then the Planning Board, and -- but you know, I'm just a vote. I just think that we need -- and I just think that if we pass this on first reading, Commissioner Winton will have more leverage to talk about these grandiose plans that Home Depot has, and this beautiful thing that they're going to do. Because if we do this without the 70, 000 feet, you know, might as well, they can do whatever they want, so -- Chairman Sanchez: All right. Commissioner Winton: Well, see, I -- may I make a couple more comments? Chairman Sanchez: Yes, sir. Commissioner Winton: 1 think that we end up -- and that's been the whole purpose all along, was to -- the whole reason we passed this amendment to the NCD-3 to begin with, didn't have anything to do with Home Depot. It had to do with protecting our rights, and 1 think that, just so the public understands, Home Depot will be finished essentially with their schematics on a different kind of store before we come back for second reading on this. At second reading, we can do anything we want. We could make it more restrictive, which may make it go back to first reading, and the whole point here is this -- and Tucker said -- he told me this in a meeting we had, I don't know, some other meeting. He said, you can trust Home Depot, and I don't know that I trust Home Depot, but 1 can tell you that I'm looking them eye to eye and I'm discussing eye to eye what I think's important for our neighborhood, and I will also tell you that I'm going to get in writing everything that 1 have to get to protect our interest, and I'm going to do everything in my power to make sure that 130,000 square foot Southwest 8th Street store that they can build, by right, tomorrow doesn't get built. That's my job. That's what you elected me to do and that's what I'm going to do. Commissioner Allen: Right. Commissioner Winton: End of story. Commissioner Allen: Yeah. Mr. Chairman, before we continue with respect to the motion, 1 did mention early, I just wanted to ask one substantive question, and I'll just quickly like to address - Chairman Sanchez: The item is still under discussion. Commissioner Allen: Yeah. I'd just like to address -- Chairman Sanchez: As amended. Commissioner Allen: -- this to Mr. Workman, Home Depot, if he can come to the podium. Mr. Workman, throughout your presentation, you mentioned several Home Depots throughout the country and out of this country in Canada. Mr. Workman: Right. Commissioner Allen: Now, I am aware of a Home Depot in Manhattan that's 55,000 square foot or something thereabout. 1 don't know. It's some nominal square footage. I don't know -- Mr. Workman: It's over 100, 000. City of Miami Page 105 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Commissioner Allen: In Manhattan? Commissioner Winton: Pull the microphone up. Mr. Workman: Yes, it is. Commissioner Allen: Yeah, could you -- Chairman Sanchez: It is on. Commissioner Allen: OK. Mr. Workman: It's over 100, 000. Commissioner Allen: Well, let me ask you -- Mr. Workman: It's on five different levels. Commissioner Allen: -- what's your smallest Home Depot square footage size, give or take? Mr. Workman: I would -- probably, our smallest store is about 100 square feet for the store itself, right now. Commissioner Allen: Oh, 100,000 square foot. Mr. Workman: That's not including the garden center. The garden center is another -- Commissioner Winton: Tucker. Mr. Workman: I think it's probably 20,000 square feet. Commissioner Allen: OK, now, you're Home Depot. You work for -- Mr. Workman: Yes. Commissioner Allen: -- Home Depot. You ought to know this. I'm surprised. You -- well -- Mr. Workman: We have a lot -- that -- and that's it, because we do change our stores and -- we're trying to stay with, you know -- Commissioner Allen: Right. OK. Well, what I'm getting at -- Mr. Workman: Completely changing, right. Commissioner Allen: --1 wanted to get some hard figures from you. I presume that you had that -- you were privileged to that, but that's another issue, but I want you to juxtapose that to the support you see here from the residents -- Mr. Workman: Understand that. Commissioner Allen: -- you know, in terms of, if you will, building something potentially that could be in line or in scale with their wishes. Is that possible for Home Depot? Mr. Workman: Yes, and what we're trying to do is actually -- I mean, obviously, if you go to City of Miami Page 106 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Home Depot, there are certain things that you want to see there. Commissioner Allen: Right. Mr. Workman: -- but it doesn't have to be in the bulk and the quantity that we do in some of the other stores, like Southwest 8th Street. What we're really planning for this particular store is more like the Manhattan store, where it's geared more towards the decor because we think this is more a decor market here. This is where you're going to have -- Commissioner Allen: Yeah. Mr. Workman: They talked about this at the Planning Board. It's actually a concept where you walk in -- there's sort of like the basic Home Depot, which is the new upgraded -- Commissioner Allen: Right, right. Mr. Workman: -- store of the future that we're trying to work on. Commissioner Allen: Right. Mr. Workman: And then it has a mezzanine above it so that you can actually see up to the mezzanine, so that would be like the showroom areas, and it will be a very exciting concept, so I'm very excited about -- Commissioner Winton: And by the way -- Mr. Workman: -- the opportunity to do this. Commissioner Allen: OK. Commissioner Winton: -- the public is going to see it as soon as -- Chairman Sanchez: All right. Commissioner Allen: All right. Commissioner Winton: -- we meet with them again to make final modifications on whatever we don't like, and then they're going to the public. Commissioner Allen: OK. Chairman Sanchez: No further discussion. Commissioner Allen: Thank you. Chairman Sanchez: There is a motion and a second. It is an ordinance on first reading, as amended Commissioner Winton: As amended. Chairman Sanchez: Mr. City Attorney, read the ordinance into the record, and Madam Clerk, roll call. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 107 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Commissioner Allen: OK. Chairman Sanchez; All right. Roll call. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Commissioner Gonzalez? Vice Chairman Gonzalez: Yes ma'am. Ms. Thompson: Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: Commissioner Allen? Commissioner Allen: Yes. Ms. Thompson: Vice Chairman Sanchez? Chairman Sanchez: Yes. Ms. Thompson: The ordinance has been passed on first reading, as modified, 4/1. Chairman Sanchez: All right. Thank you so much. Please -- I think you're done -- exit quietly. Commissioner Winton: See y'all in a month. Chairman Sanchez: And you could turn your phones back on. Commissioner Allen: Right. Mr. Chairman. Commissioner Winton: All right. Yes, sir. Commissioner Allen: Just a point of inquiry. I -- you do tend to move the agendas rather quickly. Chairman Sanchez: Yes, sir, as soon as -- Commissioner Allen: Do you intend to -- Chairman Sanchez: -- I can, and I'm going to need your cooperation on that. Commissioner Allen: Do you need to -- Chairman Sanchez: Let me just -- Commissioner Allen: -- break -- do you have intention of breaking for lunch, and if -- having said that, I was going to ask the indulgence of my fellow Commissioners. I have some elderly people here on a discussion item. 1 was going to ask if you could take that out of order when you move to the district issues -- Chairman Sanchez: Yes, sir. City of Miami Page 108 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Commissioner Allen: -- if that's possible? Chairman Sanchez: Yes, sir. PZ.10 05-00224 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 13 OF THE MIAMI CITY CODE, AS AMENDED, BY AMENDING ARTICLE II. DOWNTOWN DEVELOPMENT SUPPLEMENTAL FEE IN ORDER TO MODIFY PROVISIONS RELATED TO THE DOWNTOWN DRI INCLUDING CLARIFICATION OF CERTAIN DEFINITIONS, PROVIDING FOR AN UPDATED FEE TABLE AND ADDING A CONSUMER PRICE INDEX; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00224 SR Legislation.PDF 05-00224 SR Fact Sheet.pdf REQUEST: To Amend the Miami City Code APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will modify provisions related to the Downtown DRI, including certain definitions, an update of fees and adding a consumer price index. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen Chairman Sanchez: PZ 7, 8 and 9 were discussed earlier today. We go to PZ.10. It's an ordinance on first reading. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.10 is an ordinance amending Chapter 13 of the City Code. As you recall several months ago, you adopted Increment II of our Downtown DRI (Development of Regional Impact). What this is, is the amendment to the City Code in order to update the language in the City Code and adopt a new fee table for Downtown DRI Increment IL We do have representatives here from DDA (Downtown Development Authority) if you have any questions. The yellow version of the draft that's being handed out is a cleaner version than what's in your package. The one in the package didn't show the stricken language, so this shows you exactly what language is getting rid of the old fee table, the new fee table. This also builds in a consumer price index, a CPI, so as this moves forward in the future, our old one didn't have that, so the fees never got updated according to a CPI, so we recommend approval. Chairman Sanchez: All right. The applicant is the City of Miami. Is there anyone here in opposition to this item? Please step forward and be recognized Seeing none, hearing none, the public hearing is closed, coming back to the -- Commissioner Winton: Move it. City of Miami Page 109 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Chairman Sanchez: -- Commission. There's a motion -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- by Commissioner Winton, second by Vice Chairman Gonzalez. Open for discussion. Hearing none, 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. Chairman Sanchez: All right. Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call on the modified because it was a substitute ordinance. Chairman Sanchez: As stated for the record as modified. Ms. Thompson: Thank you. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has -- the modified ordinance has been passed on first reading, 4 /0. PZ.11 05-00144 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 17, MAJOR USE SPECIAL PERMITS, MORE PARTICULARLY SECTION 1706; IN ORDER TO MODIFY PROVISIONS RELATED TO MODIFICATIONS OF MAJOR USE SPECIAL PERMITS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00144 Legislation.PDF 05-00144 PAB Reso.PDF 05-00144 SR Fact Sheet.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 February 2, 2005 by a vote of 5-0. PURPOSE: This will remove certain time constraints imposed on the City Commission as it relates to their review of substantial modifications to Major Use Special Permits. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. City of Miami Page 110 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen Chairman Sanchez: PZ 11 is an ordinance on first reading and the applicant also is the City of Miami. Lourdes Slazyk (Assistant Director, Planning & Zoning): Right. This is a text amendment regarding the Major Use Special Permits. There currently is a provision in there that says when a substantial modification comes through to a Major Use Special Permit, like the Villa Magna or some of the other projects, our Code has that you have to act within two regular Commission meetings or it's deemed approved, according to the Planning Director's recommendation. We believe that when a substantial modification comes in, it's a whole new project. It should be reviewed under the same terms and the same time limitations as a brand-new MUSP (Major Use Special Permit). You should not be limited to two meetings in which to act. Sometimes you need more than that in order to get the information you need to make an informed decision, so this ordinance gets rid of that two -meeting limitation and treats a substantial modification like a brand-new MUSP. Chairman Sanchez: All right. Is there anyone in opposition reference this ordinance on first reading, which is PZ.11 ? If not, is there a motion? Commissioner Winton: Move it. Chairman Sanchez: There's a motion by Commissioner Winton for the record. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. It is now open for discussion. Hearing no discussion, Mr. City Attorney, read the ordinance on first reading. 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 passed on first reading, 4/0. PZ.12 05-00136 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), GRANTING THE APPEAL, REVERSING THE DECISION OF THE MIAMI ZONING BOARD THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, TO ALLOW A PUBLIC UTILITIES SUBSTATION IN THE "R-4" MULTIFAMILY HIGH - DENSITY RESIDENTIAL ZONING DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1025 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." City of Miami Page 111 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 05-00136 Legislation a.PDF 05-00136 Exhibit A.PDF 05-00136 Legislation b.PDF 05-00136 Exhibit A.PDF 05-00136 Fact Sheet.pdf 05-00136 Aerial Map.pdf 05-00136 Zoning Map.pdf 05-00136 Application & Supp Docs.PDF 05-00136 ZB Reso.PDF 05-00136 Analysis.PDF 05-00136 Appeal Letter.PDF 05-00136-Submittal-1. pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen R-05-0198 A motion was made by Commissioner Winton, seconded by Commissioner Regalado, with Chairman Sanchez and Commissioner Allen absent, to direct the Administration to contact the leadership of Florida Power & Light and encourage them to do an in-depth analysis of substations in the City of Miami and develop a long-range plan for upgrading the perimeter of those substations throughout the City. Chairman Sanchez: PZ.11, it's a resolution. Priscilla A. Thompson (City Clerk): PZ 12. Lourdes Slazyk (Assistant Director, Planning & Zoning): 12. Chairman Sanchez: Yes, PZ 12. Ms. Slazyk: 12. This -- PZ 12 is an appeal of a special exception. The applicant was Florida Power & Light, in order to allow a public utility substation for FP&L (Florida Power & Light) in the R-4 zoning district. It required a special exception. As you recall, this was a recent amendment to the zoning ordinance to allow this use as long as there were liner uses or screening of the FPL substation, so this project came in, we reviewed it through design review. The drawings are actually in your packages. I'm sure they're going to show them to you, as well, so we recommended approval of the special exception. The Zoning Board had a tied vote, which constitutes a denial. Therefore, this is the appeal by FP&L before you today. Commissioner Winton: And what -- Chairman Sanchez: All right. Before we go any further, is there anyone here in opposition to this item? Yeah, we do have people that are wishing -- Ms. Slazyk: Right. Chairman Sanchez: -- willing to speak on the item. Ms. Slazyk: Yeah. We recommend approval of the appeal, which would appeal the Zoning Board's decision and grant the special exception. City of Miami Page 112 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Chairman Sanchez: All right. Well, let's allow the applicant -- Ms. Slazyk: We recommend approval -- Chairman Sanchez: Right. Ms. Slazyk: -- of the project. Chairman Sanchez: Let's allow the applicant to speak, and sir -- ma'am, ma'am, you will speak afterwards. Have you been sworn in? Unidentified Speaker: How you doing? Chairman Sanchez: No, no, no. Unidentified Speaker: (INAUDIBLE) an application. Chairman Sanchez: No. I'm sorry. Have you been sworn in? No? Unidentified Speaker: (INAUDIBLE). Chairman Sanchez: Yes. You have to be sworn in, so we'll have -- raise your right hand and the City Clerk will swear you in. 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. All right. Lucia Dougherty: Good afternoon, Mr. Chairman, members of the board. Lucia Dougherty, with offices at 1221 Brickell Avenue, here today on behalf of FP&L (Florida Power & Light), who is the appellant in this particular case. Pam Rauch, Eloy Villasuso and David Martino are here from FP&L. This is an appeal of the Zoning Board's denial of a special exception that was a 4/4 decision, and truthfully, when 1 looked at the videotape of the hearing, what happened is that they got off on an issue which we were underprepared to address because it was never a criteria in the first place. The Zoning Board got off on an issue of EMFs, which are electromagnetic fields, and whether or not that had an effect on the environment. This is not a condition or a criteria of the special exception, but nevertheless -- and FP&L, for that reason, wasn't prepared to address that issue. We do have an expert with us today that can address that issue, but let me just talk about the site for a minute. It's located on 2nd Avenue and II th Street, which is right here. Just to orient you, the City of Miami fire station on 2nd Avenue is right here. The City Administration building is, you know, just north of there, over the Miami -- I mean, the 2nd Avenue Bridge, so it is on 11 th Street again. It is a building that has gone through internal design review and is -- looks like a three-story residential building, although it's really a one- story substation. It is completely enclosed and it meets -- Commissioner Winton: You have pictures? Ms. Dougherty: Excuse me? Commissioner Winton: Do you have pictures of the building? Ms. Dougherty: Yes, yes. City of Miami Page 113 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Chairman Sanchez: Yeah, let's see that. Ms. Dougherty: I'm going to have Dave Martino -- Commissioner Winton: Because I can't see anything from -- I mean, what's in the book. Ms. Dougherty: Yeah. We have pictures. I'm going to have Dave -- Commissioner Winton: Great. Ms. Dougherty: -- talk about the pictures in a minute. Commissioner Winton: OK. Ms. Dougherty: They've done a great design -- a great job in designing the building. Is -- this substation, 1 want you to know, is the most important and the highest priority of any substation in the State of Florida for FP&L because it is servicing Brickell, which right now, if we don't get this substation going, there won't be service for Brickell and West Brickell. Now you may say, Well, why don't you just locate it someplace else?" Well, we can't locate it someplace else. It has to be in the district where we're serving. You may say, "Well, you've got another one nearby; why don't you expand it?" Well, we're landlocked. We can't expand the existing one, so -- then the other issue, which I think is very important, is that it's in the perfect location to service all of this area because there's a huge transmission line right on 2nd Avenue, so we won't be tearing up your streets in order to locate the substation. It's literally directly in front of one of your largest transmission lines, so before Dave gets into the photographs of the building, what I'd really like is our EMF expert to come forward. His name is Dave Fugate and he's going to talk about the fact that -- well, I have to put this on the record, I'm sorry, because that's the testimony that we had in the Zoning Board -- so he's going to testify that there will be no more EMFs on the outside of this building after it's built and after it's under operation than there is today, so we'll be very brief. Dave Fugate: OK. Thank you very much. My name is Dave Fugate. I'm with Electric Research and Management and our company, we're experts in electric and magnetic fields associated with power systems, and Florida Power & Light has asked us to look at the design they have here, evaluate it and also work with them to improve the design. Basically, the evaluation resulted in what Lucia just said, that basically the impact is very minimal. It's a very good design and in terms of the emissions from the station, they're one to five percent, five percent being an extreme case of the Florida DEP (Department of Environmental Protection) limits for transmission lines in the 69 to 138 KB (kilobyte) range, and we don't expect any interference issues or anything beyond that. Commissioner Winton: I don't think I understood what you just said. Ms. Dougherty: I'm going to ask the question. What you meant was, right now there is 0.4 whatever these are, and when -- after it gets built, it's not going to be any different, right? Mr. Fugate: Let me say again, basically, there are electric and magnetic fields associated with power systems everywhere, and basically, what they're trying to achieve with this station is to not impact what's there at all, so based on the evaluation, the numbers we're seeing at the edge of the property line are going to be typical of what's there now. Ms. Dougherty: In other words, you've got transmission lines going up and down the street right now. They -- City of Miami Page 114 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Commissioner Winton: Oh. Ms. Dougherty: -- have EMF -- it's ambient is what they call it. It's ambient. It exists. There will be no increase based on -- Commissioner Winton: OK. Ms. Dougherty: -- this building. Commissioner Winton: Got it. Ms. Dougherty: OK. Commissioner Winton: Got it. Ms. Dougherty: So I'd like Dave Martino to come forward and show you the building. Dave Martino: Good afternoon. I'm Dave Martino, project manager for Firehouse Substation. Our office is at 700 Universe Boulevard. I'm going to give you a brief description of the project and also just give you a brief introduction of what a substation is. Now we call this a substation, but it looks like an office building. Actually, inside of it is the substation. A substation is a central part of the electrical infrastructure that distributes power to a local area. Some of the characteristics of a substation that are very important, they have to be located in the area they will serve. This will serve the immediate neighborhood; it has to be located there, and the other thing you have to remember, this is providing essential support for all your essential services. There's a fire hall right across the street; they need electricity. All of the other systems depend on electricity. This is really needed because the existing substations that service this area are at capacity due to growth in their area, and the area they can serve actually has to shrink back. We can't expand them anymore. We can't add additional capacity, so they're at a danger of being overloaded. The solution is to inject new local distributed power into that area through a substation. This will tie in to the existing distribution grid. We're not going to add any more lines in the neighborhood. We're actually going to remove some and bury them underground. The other thing is this needs to be in operation by the summer peak of '06, and our projections indicates that they overloads at that time of the existing substations will be well beyond the tolerance. Now the design of this facility is actually a collaboration between Florida Power & Light Company and the Internal Design Review Board. We worked extensively with them to develop a building envelope for this project that is harmonious with the neighborhood, it's in scale with the neighborhood and it complements their vision of how this area will develop. One of the things we've included in there are some pedestrian -oriented amenities. This glass area, which looks like a retail display space, is actually a pedestrian galleria. It's not a habitable building. It's not an office building. There's nobody going to be working there, but we will work with local artist groups, local community groups to set up art displays, to set up various kinds of exhibits in there. Pedestrians at night can walk by it. It'll be well lit. We feel it's going to be an excellent amenity. The other thing is, being on land, it doesn't contribute to the traffic noise or pollution congestion to the area. It's a very passive use. It's going to sit there and it's going to provide electrical service. In closing, we have -- just in closing -- and I'll be available for any questions you may have -- the substation's constructed entirely inside the building core. It will have a roof on it. The roof is an open grid, but from any high-rises or any tall buildings nearby, you can't see into it; it diffuses your view. It just looks like a gray gravel roof. One of the beauties of this roof though, it won't have any mechanical equipment on it, so it'll be probably less unsightly than most flat roofs. The gallery includes a street level pedestrian -oriented amenities, and once again, it's unmanned, will not add noise or pollution. We need this in order to meet the rapid rising demand for electricity. This is a critically needed part of our infrastructure and we feel this design -- we've worked with the Internal Design Review Board -- is integrated well into the neighborhood fabric. Thank you. City of Miami Page 115 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Ms. Dougherty: I would just like to reserve some time for rebuttal. Chairman Sanchez: How much time? Commissioner Winton: One minute. Ms. Dougherty: Two minutes -- one minute, whatever you say. Chairman Sanchez: A minute. Sir, state your name for the record. Donald Schrager: My name is Donald Schrager. I live -- this is my wife Sophia. I live at 229 Southwest 11 th Street. That's about quarter of a block away from the area that Florida Power & Light wants to build a substation. I have lived there for over 60 years. I'm delighted that Florida Power & Light is planning to build an attractive building there, but I am concerned about the fact that we are located between two different substations from Florida Power & Light, and that gentleman that just spoke from Florida Power & Light and says there will be no increase of EMS [sic], I wish that this board would have an outside disinterested person approve of that. Now I realize Florida Power & Light needs substations, but to have one less than a mile from the other and to -- people that are living in between there, we really don't know too much about EMS yet, but there are many questions about it and Florida Power & Light, incidentally, promised to put all wiring underground before World War II was over, and we're still waiting. Gentleman said they're going to put it underground; I hope so. I wish that you would hesitate to approve it until you have a reliable outside source that would verify the fact that there will be no increase of EMS. There have been a lot of warnings about EMS: Don't put an electric alarm clock near your bed, don't sleep with electric blankets, don't sit too close to the computer, and certainly, wiring and power and light stations certainly must have some of that EMS, and I would like -- I don't wish for Florida Power & Light not to be able to build a substation, but do they have to build it right in straight line -- one, two, three -- less than a mile apart, all on 2nd Avenue? Thank you. Chairman Sanchez: All right. Ma'am, did you want to speak? Sophie Schrager: Yes. I want to point out that -- Chairman Sanchez: We need your name and address. Ms. Schrager: My name is Sophie Schrager. I'm honored to be here. Chairman Sanchez: Please, address. Ms. Schrager: I live at 229 Southwest 11 th Street. We have a substation on 13th Street and 2nd Avenue. I'm on 11 th Street. Then there's another substation on Southwest 4th Street and 2nd Avenue, and they want to build one right opposite my corner, which will be on Southwest I th Street and 2nd Avenue. Now how much -- many substations can you have in less than one mile? 1 mean, the -- we're talking about big-time electricity and as far as EMFs, they're not doing too many studies on these substations. I have inquired about this. Power lines, they have a -- some kind of ruling as far as power lines are concerned, but anyways, there is a danger to have these many substations in one area. Why not go further down 2nd Avenue in the northwest section? You know, go that way, you know. Why do we have to have three -- Chairman Sanchez: A different location. Ms. Schrager: -- of them in the southwest section? City of Miami Page 116 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Chairman Sanchez: All right. Ms. Schrager: OK. Chairman Sanchez: Thank you, ma'am. Ms. Schrager: I thank you very much. Chairman Sanchez: You have one minute for rebuttal. Ms. Schrager: Oh, and incidently, we are suffering with physical ailments, my family. I don't know -- they haven't made a study yet. We have -- I, myself, my husband, my son, my mother-in- law, we all have had, because of these --1 think it has something to do with the substations, with the electricity that we're experiencing. Thank you. Chairman Sanchez: All right. Yes. Ms. Dougherty: I just want to say very quickly that the Schragers are very sympathetic people and -- but there's nothing that you can do today that's going to hurt them in any way. There is no emissions that's going to occur from this building and the alternative is not to have electricity service for the rest of West Brickell, so we would ask that you -- Chairman Sanchez: All right. Ms. Dougherty: -- approve this. Chairman Sanchez: All right. Is there a motion on the resolution? Commissioner Winton: So moved. Chairman Sanchez: There's a motion by -- Commissioner Winton: And by the way, I would like to point out that we just approved, two months ago, something in the neighborhood of a thousand units, maybe 1,500 units, right next to the big substation, where they're going to build 1,500 units, 1 mean, right next to the big substation on the other side of the river, so 1 think if this were a real scientific issue, there wouldn't be units going up right next to the big substation. Chairman Sanchez: All right. Let's get a motion and a second and then we can discuss it. Commissioner Regalado: I'll second the item. Chairman Sanchez: There's a motion and a second for the purpose of discussion. Madam Clerk, is there anything you -- Ms. Thompson: I'm trying to find out is the motion reversing or affirming, granting or denying? 1 need -- Chairman Sanchez: The motion, 1 believe, is to grant. Commissioner Regalado: Grant the appeal, to grant the appeal. Ms. Slazyk: Yes. To grant the appeal would be to grant the special exception -- Chairman Sanchez: Yes. City of Miami Page 117 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Ms. Slazyk: -- and approve. Commissioner Winton: OK, right, that's the motion. Chairman Sanchez: That's the motion that's on the floor. There's a motion and -- Commissioner Regalado: I (UNINTELLIGIBLE) -- Chairman Sanchez: -- a second. Commissioner Regalado. Commissioner Regalado: Mr. Chairman, these residents, you know, they have come in a very intelligent way to express the concerns of many people. A lot of people throughout the United States have these concerns, but it's impossible to serve an ever-growing population and not to have these substations. If FP&L were to come to the City and say, well, you know what? We're going to think of eliminating all those substation, but we need a nuclear power plant in Virginia Key, and imagine the outcry of the people. It's just impossible, and you know, I really sympathize with these residents because they are concerned and they're right, there have been no studies, but however, 1 mean, the people that work in the Administration building in the City of Miami -- Ms. Slazyk: Yeah. Commissioner Regalado: -- have over their heads a tremendous amount of wiring and generating capacity just a few blocks -- a few steps from the building and they spend -- Vice Chairman Gonzalez: Maybe that's why we're having so much problems. Ms. Slazyk: Hey. Chairman Sanchez: They're not glowing yet. Vice Chairman Gonzalez: Maybe that's why we -- Chairman Sanchez: All right. Commissioner Regalado: It's certainly not affecting their brain because they're very intelligent, those residents, but who knows. I think that we have an expert and I'm the one -- 1'm one of those Sci-Fi (Science Fiction) Channel freaks. I like this kind of issues, but I don't think that we can just avoid generating more electricity because if we keep approving buildings and condos and buildings and condos, it's -- we need electricity because then when we have a blackout, then Florida Power & Light sucks, you know. It's -- so I'll second the motion and I really sympathize with these residents. Chairman Sanchez: All right. Vice Chairman Gonzalez: Are they going to reduce the bills -- Chairman Sanchez: I don't know about reducing their bill. Vice Chairman Gonzalez: -- when they build this plant? Chairman Sanchez: All right. No further discussion on the item. It's a resolution. Commissioner Regalado: No, no. That's another issue. They're going before the Public Service City of Miami Page 118 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Commission to raise three bucks a month. Vice Chairman Gonzalez: Wow. Chairman Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Ms. Dougherty: Thank you very much. Commissioner Winton: May 1, Mr. Chairman, say one more thing? Chairman Sanchez: Sure. Commissioner Winton: And this is to FP&L. I think the building that you've built there to house the substation is absolutely fabulous, and 1'll tell you what I would like you all to -- you're going to love this. I think that there's a lot of changes going on in our city and it's citywide, and 1 would love for FP&L to do a real analysis of substations throughout the City of Miami and give real consideration to beginning to do some upgrades to the perimeter of those substations, and there's one in -- just comes to mind immediately, in Commissioner Regalado's district on 27th Avenue, right off of 27th Avenue and it's a damn chain link fence around it, which is awful, so maybe we will -- let me restate this. I would like to -- Commissioner Regalado: They're going to -- he's going to explain. Commissioner Winton: -- move a motion -- Vice Chairman Gonzalez: That's a very good point. Commissioner Winton: -- to encourage the -- to direct the Administration to be in contact with the leadership of Florida Power & Light and encourage them to do an in-depth analysis of substations in the City of Miami and develop a long-range plan for upgrading the perimeter of those substations throughout the City. That's my motion. Commissioner Regalado: Well, I'll second the motion, but on the case of 27th Avenue, we did approve their zoning change so they can isolate -- Commissioner Winton: Oh, we did? OK, good. Commissioner Regalado: -- the substation and landscape that, and I think that they're -- Commissioner Winton: Great. Commissioner Regalado: -- in the process of doing that right now. Commissioner Winton: OK, superb. Ms. Slazyk: And I have to say, from the staff side, this was -- they were so positive about working with our Internal Design Review Committee and agreeing to all of -- Commissioner Winton: I mean, this is fabulous. Ms. Slazyk: -- these design considerations and it was great. City of Miami Page 119 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Commissioner Winton: This is fabulous. Ms. Slazyk: Yep. Commissioner Winton: Couldn't be better. Vice Chairman Gonzalez: All right. This is an ordinance. We have a motion and we have a second, right? Commissioner Winton: Did you second? Commissioner Regalado: I second it. Commissioner Winton: OK. Vice Chairman Gonzalez: OK. Ms. Thompson: I'm -- Vice Chairman Gonzalez: It's an ordinance. Mr. City Attorney. Commissioner Winton: No, it's not an ordinance; it's a resolution. Ms. Thompson: First of all -- Vice Chairman Gonzalez: It's a resolution? Ms. Thompson: -- you've already taken your vote on the resolution, but you -- Vice Chairman Gonzalez:: Oh, OK. Ms. Thompson: -- did make a motion to direct the City to do something -- Commissioner Winton: Yes. Vice Chairman Gonzalez: Right. Ms. Thompson: -- so we need a vote on your motion. Commissioner Winton: Right. Vice Chairman Gonzalez: OK. Commissioner Winton: All in favor. Vice Chairman Gonzalez: All in favor, say "aye. " The Commission (Collectively): Aye. PZ.13 05-00139 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE MIAMI ZONING BOARD, THEREBY APPROVING WITH CONDITIONS THE CLASS II SPECIAL PERMIT ISSUED BY THE PLANNING AND ZONING DIRECTOR ON City of Miami Page 120 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 NOVEMBER 10, 2004, APPLICATION NO. 04-0423, TO ALLOW FOR RIVERFRONT AND PARK IMPROVEMENTS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 601 NORTHWEST 7TH STREET ROAD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." 05-00139 Legislation a.PDF 05-00139 Exhibit A.PDF 05-00139 Legislation b.PDF 05-00139 Exhibit A.PDF 05-00139 Aerial Map.pdf 05-00139 Class II Appeal Letter.PDF 05-00139 Class II Final Decision.PDF 05-00139 Class II Referral.PDF 05-00139 Fact Sheet.pdf 05-00139 Miami River Commission Recommendation.PDF 05-00139 Plans.PDF 05-00139 ZB Appeal Letter.PDF 05-00139 ZB Reso.PDF 05-00139 Zoning Map.pdf 05-00139-Submittal-1. pdf 0 5-00139-Submittal-3. p df 05-0 0139-Submittal-2. p df Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0195 A motion was made by Commissioner Allen, seconded by Commissioner Winton, and was passed unanimously, to direct the Administration to proceed with the application for the variance on the wall. Chairman Sanchez: Let's just go to PZ (Planning and Zoning) items. Commissioner Allen: Yeah. Mr. Chairman, if I may, you may recall 1 asked your indulgence earlier this morning. I have to attend a funeral that's in progress and I'd like to make it there. However, there is a PZ item that directly relates to my district. Could we possibly take that out of order because they're here. It should be short and -- Chairman Sanchez: Which item is that, Commissioner? Commissioner Allen: PZ 13 -- Chairman Sanchez: Absolutely. Commissioner Allen: -- if you will, please. Chairman Sanchez: We'll hear PZ 13 -- Commissioner Allen: 13. Chairman Sanchez: -- at the request of Commissioner Allen to take it out of order, so let's go ahead and bring in -- City of Miami Page 121 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Commissioner Allen: And those who -- Chairman Sanchez: -- PZ 13. Commissioner Allen: -- are present, please come forward. I don't know if there's going to be testimony on this at all. I don't know. Chairman Sanchez: PZ 13. Are the residents here? OK. This is an appeal. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. For the record -- Priscilla A. Thompson (City Clerk): I'm sorry, I'm sorry. Do you want to swear in -- Chairman Sanchez: All right. Before we move on to the PZ items, we need to ask that anyone speaking on any of the items or testifying in front of this Commission needs to stand up and raise your right hand and be sworn in, so please let's do that. Madam Clerk, could you read -- could you swear them in, please? 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: OK. Any person who acts as a lobbyist, pursuant to the City ordinance, who addresses this Commission or City staff or any board, must register with the City Clerk as a lobbyist. Any person making slanderous remarks or who become boisterous while addressing this Commission will be kindly asked to exit the chambers. Any person seeking to obtain a -- an agenda within five days of the Commission meeting, you could do so at the City Clerk's Office. Any person who seeks to address this Commission must come up to the podium and state your name and address for the record. Well go ahead and start with PZ.13; it's an appeal. The -- Ms. Slazyk: The appellant will go first. Let me just explain real quick -- Chairman Sanchez: Are they here? Ms. Slazyk: 1-- Chairman Sanchez: Are they here? Ms. Slazyk: Yeah. Chairman Sanchez: Oh, they're here? Ma'am, this is your item and you are the appellant so you get to go first. Ms. Slazyk: OK. Just real quick, for the record, Lourdes Slazyk. This is an appeal of a Class II Special Permit. This is for the park improvements for the Spring Garden Point Park. As you may recall, several years ago the City Commission rezoned the property -- it's in Spring Garden -- to PR, Parks and Recreation. The only reason the Class II is required is because it's between the water and the first right-of-way. The Class I1 Special Permit was for a series of park improvements, landscape, walkways and a shoreline stabilization. The Class 11 was granted. The Zoning Board denied the appeal and upheld the Class II Special Permit, and we're asking again that this appeal be denied and that the Class 11 Special Permit be upheld. City of Miami Page 122 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Chairman Sanchez: All right. Counsel, how much time are you going to need for your presentation? Michael Hoffman: I'd like about 15 minutes, if possible. Chairman Sanchez: Fifteen minutes. Do you have anyone that will be speaking? Mr. Hoffman: I'm the only person speaking. Chairman Sanchez: You're the only one, OK. All right. Please state your name for the record. You need some help with the tech -- Mr. Hoffman: Yes, I do. Chairman Sanchez: -- with the visual aid? Mr. Hoffman: I'm looking for visual aid assistance. I need a cord to attach my computer to the overhead. Thank you. Chairman Sanchez: We'll get you that in a minute, sir. There you go. Whenever you're ready, sir. Mr. Hoffman: 1 think we're -- I think it's warming up right now. Chairman Sanchez: OK. Mr. Hoffman: There we go. Chairman Sanchez: All right. Commissioner Allen: Ready? Mr. Hoffman: OK. Commissioner Allen: Counselor, what's the speed of your computer? Mr. Hoffman: I think it's a slow computer. Commissioner Allen: I can see. It's -- Mr. Hoffman: Brand-new box here. Commissioner Allen: Needs some more megahertz. Mr. Hoffman: I'm not sure why it's so slow. OK. Good morning. My name is Michael Hoffman. I live at 926 Michigan Avenue on Miami Beach. I'm legal counsel to Rebecca Long, the appellant, and I've practiced law in Florida since 1996, at law firms, including Baker & McKenzie and Shutts & Bowen, two of Miami's prestigious law firms, and I've recently formed my own law practice, Law Offices of Michael H. Hoffman. Today I have the distinct honor of appearing before the City Commission for the first time and I'm here to tell you that I'm very proud to be here. I strongly believe that the City of Miami Class II Special Permit regarding Spring Garden Point Park should be denied for the following reasons: First, the findings and conditions for the permit are misleading and incomplete because the plans and drawings submitted by the City of Miami Park and Recreation Department for the park cover two City of Miami Page 123 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 adjoining parcels, one along the Seybold Canal and the other along the Miami River, and both parcels are intended to be used together. However, the permit that was issued only covers the Miami River parcel, and as a result, the conditions set forth in the permit don't go far enough to protect the appellant's use and enjoyment of her property, which is adjacent to the Spring Garden Point Park. I'd like to read to you the initial finding of the Planning and Zoning Department set forth in its final decision. It is found that the proposed project consists of an improvement to the exterior area seawall, river walk and picnic area of the riverfront Spring Garden Point Park. Your Honors, you'll see on the overhead projector I'm displaying a map and this map here shows not only the riverfront parcel property, but also an adjoining parcel, which I will call "Parcel A, " which has on it -- the upper part of the slide -- a house and this house is contemplated being used in connection with the park, and this permit, however, only takes into consideration the riverfront park and not the two uses being used together. You can also see the circular drive covers Parcel A, the drive walk. There's also another set of drawings which the City of Miami had submitted to the Planning and Zoning Department, which also show restrooms being included in -- as part of the overall design, and I'm going to put up another slide for you here. This is a project fact sheet submitted to an arch -- well, submitted by an architect for the City of Miami Park and Recreation Department, and I read to you the first line -- I'm sorry, the first paragraph here in the second line. It says, "The Seybold Canal House is a historic structure constructed in approximately 1922, '24. It would serve as the park visitors' center on the first floor. The second floor would contain a community association meeting space and a park caretaker's apartment as an accessory use to the park. " Now I firmly believe that it's misleading to go ahead and have a permit to only piecemeal part of this project, as opposed to looking at the project as a whole and considering the related impacts that would result inevitably from having more traffic congestion in this area, which is not designed for a large amount of traffic to flow through. It's a quiet, historic neighborhood. In fact, the City of Miami approved this neighborhood being designated a historic residential district, so we feel that for proper review, it not only inquires a review of this particular riverfront, but also how these two parcels are going to be used together, so we would respectfully request that the permit take into account those intended uses. Now the other issue here is that there was a wall that was supposed to be erected here to separate my client's property and the bordering western park line property, and in a meeting with the Park and Recreations Department, my client was given assurances that this wall would be erected and would separate the residential neighborhood from the park. However, the six-foot wall to be erected is not high enough because the property that my client has their house built on was built on spoil dredged from the Miami River, so if you were to be standing on that property and looking out, it's clearly extremely elevated from the other park. Now you can see on the slide right here, 600 Northwest North River Drive is my client's property. There is the proposed park entrance. You can see there is no street frontage. In fact, when this property was laid out, the -- each property was not laid out in a symmetrical, contiguous kind of manner, so the actual front yard of the house is going to be bordering this proposed park entrance. Now it could make perfect sense for the entrance to go further to the Seybold Canal, where the Seybold Canal House is, but by piecemealing [sic] the permit process, you can't look at this as a whole and say, OK, maybe the park entrance shouldn't go there; maybe it should be put somewhere else, but in the haste to go ahead and get this permit approved and to get this park built, we're not considering the actual related impact that's going to result, and I just show you another -- there's a closer shot of the property and the park entrance, and there's actually the distance between the property adjoining the park and this proposed wall that's going to be built, and you can certainly see, I mean, just standing there, the property is much higher than the park property, so we would respectfully request that the wall that's going to be built -- currently, there's a variance acceptance plea for a six-foot wall that the City said it was to be approved pursuant to the Code. We believe an eight -foot wall would be more suitable to the neighboring homeowners, and I also want to point out that the homeowners have not been involved in this process at all in talking with the Park and Recreation Department, other than possibly a cursory phone call regarding they're putting in a six-foot wall, but with respect to the planning, there's been no involvement with the adjoining homeowner. We're now getting our first time really to voice our views in a manner that, hopefully, can get our client -- my client some relief. I also City of Miami Page 124 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 want to -- I have two other points I'd just like to make briefly. That's basically the main crux of the issue is having the wall built there, separate the property and have it be eight feet high, and also to have a permit review process that fully considers the impact on the adjoining homeowner. The second reason why your honor should grant our appeal is that the decision of the Miami Zoning Board was not impartial and unbiased, as evidenced by certain defamatory statements that were made at the hearing on January 24, that were directed at my client, the appellant, and it was made by a member of the Zoning Board, and the statements were basically to effect this is a racist motive for why this park shouldn't be developed, and the statements, I believe, were so invidious that it did not allow my client to have a fair hearing because when you're considering the impact of having a client who's supposedly doing something which is discriminatory, having that aired for the public to see and then having a Zoning Board member to have to decide in favor or not in favor of that particular person's actions, it creates the taint that they could be labeled as a racist person, so I don't think it was appropriate for that -- Commissioner Allen: Right. Mr. Hoffman: -- to be brought up at the hearing and I don't think the hearing itself was impartial as that result. It mandates that -- I think the City Commission can come in and oversee what had happened. My last point is this, Your Honors, you should grant our appeal because the notice to the adjoining property owner and the neighborhood was defective. The Class II Special Permit notification letter that was issued, it says that "the permit being applied for relates to shoreline improvements along Miami River side of park." That's what the notice says. However, the final permit that was issued encompasses both riverfront and park improvements, the improvements that I'm showing you here -- Commissioner Allen: Right. Mr. Hoffman: -- right on this overhead. This is clearly more than riverfront improvements I'm talking -- Commissioner Allen: Mr. -- Mr. Hoffman: -- that we're talking about here. Commissioner Allen: -- Chairman, with all due respect, Counselor, you've made that argument. Mr. Hoffman: OK. Commissioner Allen: Your first argument. You -- so you're -- Mr. Hoffman: Thank you. Commissioner Allen: If you will, you're kind of repeating your -- the first argument that you made, so -- Chairman Sanchez: Are you prepared to wrap up? Mr. Hoffman: Yes. Commissioner Allen: Great. Mr. Hoffman: I'm on my last -- Chairman Sanchez: OK. City of Miami Page 125 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Mr. Hoffman: -- point in closing. Commissioner Allen: Yeah, that's -- Mr. Hoffman: My clients were among those misled by the notice and didn't have an opportunity to comment on the permit before it was issued. Therefore, in the interest of due process and fairness, another public hearing should be held so that interested parties can be heard on the matter. For the foregoing reasons, we urgently ask the City Commission to restore peace of mind and security to the community by denying the Class II Special Permit and rendering a decision to my client to erect a wall, which is eight feet high, along the western property line and extends out further to the sidewalk. Thank you. Chairman Sanchez: All right. Commissioner Allen: OK. Chairman Sanchez: Thank you. Does that include [sic] your -- Commissioner Allen: Right. Chairman Sanchez: -- presentation? Mr. Hoffman: Yes, it does -- Commissioner Allen: Yes. Chairman Sanchez: OK. Mr. Hoffman: -- conclude my presentation. Thank you. Chairman Sanchez: Sir, welcome. State your name and address for the record. Ernie Martin: Ernie Martin. I'm representing the Spring Garden Civic Association this afternoon, one of the oldest neighborhood associations in Miami, and 1 have a statement that has been authorized by our president, 1 Veber, who couldn't get off work today, and I'd like to read that statement into the record. Starting with several measures that we have taken because we have a long history of trying to resolve neighborly differences by -- among ourselves, and we've made efforts to -- through the design of the wall, the plans for a tree canopy and a foliage, additional foliage and an earth berm to buffer this home from the park, and secondly, our historic district has a handful of homes directly on the river and the Seybold Canal, which are our two greatest waterfront amenities in Spring Garden, but the vast majority of residents do not have the opportunity to enjoy our waterways because they have their homes off the water, and we think that public access to the park is a most important policy principle to be upheld in the long history of this project, which I'll mention briefly. Spring Garden Point Park will provide a quiet and peaceful opportunity for the public to enjoy the river and -- so that's for Spring Garden's residents, as well as the general public, and I think they have that privilege to enjoy the waterfront and have public access to it. Thirdly, this project is nationally recognized. We've passed out -- or is that being distributed now? -- a publication by the national organization the Trust for Public Land, and I refer you to page 15 of the national magazine, which points out that the City of Miami, along with San Francisco and Portland, Oregon, are three models of neighborhoods that have shown -- they've taken extraordinary measures to create a new park to fulfill a neighborhood dream. As a condition of it, just so you'll know a little of the history, the article explains how in 1996, Spring Garden was forced into a crisis when this existing parking lot -- vacant lot, which we now call the Point Park, was put on the market for a high-rise multifamily building in our historic single-family neighborhood, and we contacted the Trust for City of Miami Page 126 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Public Land, which helped us negotiate with the property owners to hold the sale of the property off the market while we raised the money, which we accomplished, thanks to the State of Florida and the -- and Miami -Dade County, $600, 000. TPL (Trust for Public Land) then transferred the land in 1999 to the City at no cost, and it is stated that it can be used for no other purpose than a passing park. The only alternative to going forward with the park improvements that are funded now would be to return the money to the State and the County and to re -- back -- rezone the land back to multifamily. Commissioner Allen: Right. Mr. Martin: As a condition for accepting the deed to the property in 1999, the City approached the Spring Garden Civic Association to take the responsibility for maintenance and development -- of the maintenance and developing that additional funding for the project. At that point in time, the City did not have enough resources to either maintain the park or to develop, and the Association made the extraordinary step of signing a management agreement for seven years to maintain the park -- this was back in 1999 -- through sweat, equity and voluntary work and we've lived up to that responsibility. A small neighborhood of about 900 people has donated each and every month some of its time to clean up the park and our corps of professional volunteers have also raised 300, 000, which is the money that would be necessary to develop the lower park, the park that is funded by the Florida Inland Navigation District, one of the two funders [sic] of the lower park, and the Department of Environmental Resource Management, which is why the park is being developed according to one master plan but in two phases, and this Class II Special Permit only deals with the first phase for which we have money, that's $300, 000, and if we don't use it, it has to be returned. Commissioner Allen: Right. Chairman Sanchez: Thank you. Mr. Martin: Now that that work has been done by so many people, we want to see that our project is finished and we commend the City's Parks and Recreation Department for their helpful cooperation and for their attempts to work with our dissenting neighbors to try to accommodate their fears of public access to the lot adjacent to their home. If a higher fence will satisfy their concerns, the Spring Garden Civic Association has no objection to that as far as that point goes. I also have, for the record, a -- which is included in your packet and along with a picture of some of the people that are involved, just at our most frequent -- at our most recent -- Commissioner Allen: Right. Mr. Martin: -- clean-up campaign that we had -- Commissioner Allen: Right. Mr. Martin: -- in the neighborhood. That's included in your package, as well as a letter from the other abutting property owner. There are two abutting property owners. The other letter is from Gioia DeCarlo, who owns the property -- the second property on the other side of the Point Park, and only one of two properties that is in favor of it, and she gives all the reasons in this letter. Mr. Chair, should I read the letter into the record or can -- Chairman Sanchez: Just -- Mr. Martin: -- just refer to it? Chairman Sanchez: Ernie -- CO, of Miami Page 127 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Commissioner Allen: Yeah. Chairman Sanchez: -- we don't need -- Commissioner Allen: Ernie -- right. Chairman Sanchez: Just go ahead and turn it in to the City Clerk. I don't think we need the letter. Commissioner Allen: Right. Mr. Martin: OK. Chairman Sanchez: Are you -- Commissioner Allen: OK. You done? Chairman Sanchez: -- about to wrap it up? Mr. Martin: I'm through now. Commissioner Allen: Yeah, yeah. Chairman Sanchez: OK -- Commissioner Allen: Mr. Chairman. Chairman Sanchez: Do you have anyone else that will be speaking on your item? Mr. Martin: I just would like to recognize the members of the Spring Garden Civic -- Chairman Sanchez: Sure. Mr. Martin: -- Association -- Chairman Sanchez: Let's go ahead and do that. Mr. Martin: -- who are here. If you could stand up, and those -- I don't know if anybody else wants to speak or not. Chairman Sanchez: All right. All right. Commissioner Allen: OK. Mr. Chairman -- Chairman Sanchez: Thank you so much. Commissioner Allen. Commissioner Allen: Yes, Mr. Chairman. (UNINTELLIGIBLE) -- did you -- Charles J. Flowers: Yes, sir, I want to speak. Commissioner Allen: OK. Mr. Flowers: Charles J. Flowers -- Commissioner Allen: All right. City of Miami Page 128 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Mr. Flowers: -- Spring Garden. I'm here as a homeowner and a resident of Spring Garden. The park, as Ernie alluded to, was attained by the Spring Garden citizens and residents as a park. We were able to -- the price was $1,200, 000. We were able to have it decreased to 600, 000. After obtaining the park, we gave it to the City of Miami to be used as a park and a park only, and if it will not be used as a park, it probably was supposed to be revert back to Spring Garden. Through the neighborhood -- Spring Garden, I love. I grew up in Overtown. As a young man, 1 couldn't even go over there unless I had a lawnmower in my hand cutting grass, and the things that I hear and see, I don't want to repeat itself -- Commissioner Allen: Right. Mr. Flowers: -- in the 2005, as it did back in the '30s and '40s, when I grew up in Overtown. Commissioner Allen: Right. Mr. Flowers: So the park, as the attorney said, that it was two pieces of property. It was only bought for the park. Commissioner Allen: Right. Mr. Flowers: Two years later, we obtained money of $271, 000 -- Commissioner Allen: Right. Mr. Flowers: -- and we bought a house. It had nothing to do with the park. Commissioner Allen: Right. Mr. Flowers: And it had nothing to do with the appeal. Commissioner Allen: Yeah, Mr. -- OK. Mr. Chairman, if I may. Chairman Sanchez: Commissioner Allen. Commissioner Allen: Mr. Flowers, thank you very much for that comment. Just a quick question . It seems to me, Mr. Attorney, your concern is the use and enjoyment on behalf of your client with respect to her property. It appears to me your primary concern is this wall because, based on your arguments, it goes to the issue of the use and enjoyment of her property. Now it appears to me -- Lourdes, if I may, to help join here -- there was an effort made or a compromise to, if you will -- can you expound on that -- Ms. Slazyk: Yeah. Commissioner Allen: -- the use and enjoyment because it -- Ms. Slazyk: Yes. Commissioner Allen: -- appears -- right. Ms. Slazyk: Real quick, the Class II Special Permit did include a condition that that six-foot wall be constructed. The reason that a taller wall was not -- Commissioner Allen: Contemplated. City of Miami Page 129 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Ms. Slazyk: -- included in the conditions is because six foot is the maximum without having to get a variance. Commissioner Allen: Right. Ms. Slazyk: And the -- a variance just doesn't make any sense for the City to go in when a six- foot wall would do the trick. The -- there is no height limit on landscape and vegetation; perhaps, additional hedging around the six-foot wall might help, but six feet is the maximum we could approve. Commissioner Allen: Right. All right. OK. Chairman Sanchez: All right. Commissioner Winton: Well, but -- Commissioner Allen: So -- Chairman Sanchez: Any further discussion on the -- Mr. Martin: Thank you. Chairman Sanchez: -- item? Hearing none -- Commissioner Winton: Yeah, I -- Mr. Hoffman: We would welcome (UNINTELLIGIBLE) -- Commissioner Winton: I have a couple questions. Chairman Sanchez: Well, we -- whoa, whoa, whoa. Sir, you need to put on the record that you're pro bono or else you're going to be writing us a check. Mr. Hoffman: Certainly. I am pro bono, appearing -- Chairman Sanchez: OK. Mr. Hoffman: -- today on behalf of the appellant. Commissioner Allen: Right. Chairman Sanchez: All right. Commissioner Allen: OK. Commissioner Winton: This six-foot wall, is it six feet -- he showed a picture. Now there's a -- Ms. Slazyk: A drop. Commissioner Winton: -- what appears to be a bit of a wall there with a chain link fence on top of the wall -- Ms. Slazyk: Right, but -- Commissioner Winton: -- in the picture that I saw. City of Miami Page 130 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Ms. Slazyk: Yeah. The six-foot wall would have to be on the side of the park. We can't go put a six-foot wall on her property. Commissioner Winton: Well, then it seems to me that if you have to have a variance to do -- build an eight foot wall because there is a rational argument. Building a six-foot wall that three feet of which is below their property line means you really have, for all intents and purposes for them, a three-foot wall. Ms. Slazyk: Right, but they could -- Commissioner Winton: So -- Ms. Slazyk: Yeah, they could put a wall on their side, as well, but no -- it would -- no. 1t still -- it would still require the variance. Commissioner Winton: Well, why doesn't -- Ms. Slazyk: So -- Commissioner Winton: -- why don't we get one? Ms. Slazyk: We can. Commissioner Allen: Right. Ms. Slazyk: Well, we went to the maximum allowed by law, which was six feet. Commissioner Winton: No. You went to -- Ms. Slazyk: We usually do not, in a special -- Commissioner Winton: -- the maximum allowed by law without a variance. Ms. Slazyk: Without a variance, correct. Commissioner Winton: There's a difference. Ms. Slazyk: Right. Commissioner Allen: Right. Ms. Slazyk: Through a Class 1I, we usually do not require an applicant to go get a variance. they seek one, then we will review it for hardship, but in this -- the most we could ask for is what's lawfully allowed. Commissioner Winton: Well, I'm talking about logic here. Ms. Slazyk: Right. If Commissioner Winton: The logic is that we're really not building -- for purposes of their enjoyment -- a six-foot wall. We're building a three-foot wall or a four foot wall, whatever it is. Ms. Slazyk: Right. City of Miami Page 131 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Commissioner Winton: And they ought to get, you know -- the lady was before us when we passed this before; wasn't in favor of the park. This isn't -- this no longer is a battle about the park. It's just about taking -- Commissioner Allen: Accomodating. Commissioner Winton: -- care of their property, and I -- Commissioner Allen: Right. Commissioner Winton: -- think we ought to go out of our way to -- Commissioner Allen: Right. Commissioner Winton: -- protect her property interest as it -- Commissioner Allen: Right. Commissioner Winton: -- relates to exposure to the park. Commissioner Allen: Right, and if you will, Commissioner Winton, I think, if you will, Ernie, you were not in disfavor of that, right, if you will? Ms. Slazyk: You're not opposed to the variance -- Commissioner Allen: Of the -- Ms. Slazyk: -- for a taller wall? Commissioner Allen: Because that satisfies -- Mr. Martin: We're not at all opposed to the variance for -- Commissioner Allen: Right, and that satisfies -- Mr. Martin: -- a taller wall. Commissioner Allen: -- the use and enjoyment -- Mr. Martin: We would welcome it. Commissioner Allen: -- that serves as a buffer, so if I could, Mr. Chairman, I would like to make a motion that we -- if you will, can we -- can this -- Ms. Slazyk: 1 don't think you can -- Commissioner Allen: According to the way it's drafted, it's either/or, right? You can't amend -- Ms. Slazyk: You can't -- Commissioner Allen: -- this with respect to -- Ms. Slazyk: Yeah. You can't approve it subject to a future -- Commissioner Allen: Right. You can't do that, right. City of Miami Page 132 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Ms. Slazyk: -- variance. What you would have to do is continue it for a few months and let the City apply for the variance, and then once the variance is obtained, then you can act on the Class H. Commissioner Allen: Right. Ms. Slazyk: Because you can't condition something -- Commissioner Winton: Well, the other option you could do is, if you want to move this thing forward, you deny the appeal but then you introduce a separate motion that gets the wheels rolling on applying for the variance to get the wall built. Ms. Slazyk: I'd have to check with the City Attorney. I believe -- and 1 guess they should correct me if I'm wrong -- that if a -- if the Class II is denied, the same application can't come back for a year. Commissioner Allen: That's a possibility, yeah. Ms. Slazyk: You know, when -- Commissioner Winton: If a what? Ms. Slazyk: -- a special permit is denied -- Commissioner Winton: Oh, no. 1 don't mean -- Ms. Slazyk: -- the applicant can't come back with the same application -- Commissioner Winton: I'm saying deny -- Ms. Slazyk: -- for a year. Commissioner Winton: -- the appeal. Commissioner Allen: Well -- Ms. Slazyk: Right. Deny the appeal, grant the Class II -- Commissioner Winton: Yes. Ms. Slazyk: -- and then a separate motion to the administration to get -- Commissioner Allen: Right. Ms. Slazyk: -- the variance for a taller wall. Yes, we could do that. Commissioner Winton: Correct. Commissioner Allen: And before -- Ms. Slazyk: Yeah. Commissioner Allen: -- we address that, let me just ask -- turn to Mr. -- the attorney on behalf of the appellant. Commissioner Winton, is -- I don't know. Is he correct in his analysis, is that a City of Miami Page 133 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 six-foot wall wouldn't suffice? I mean, it seems to me it should. 1 mean, 1 don't know the -- Mr. Hoffman: The reason is is there's a hundred foot boat slip behind the property in the backyard, and that spoil, which is taken from that slip, the house, in the early 1900's, is built on that -- Commissioner Allen: OK. Mr. Hoffman: -- spoil, so it's elevated above the park. The two property lines are different in heights. Commissioner Allen: OK. Commissioner Winton: By two or three feet. I mean, when 1 was -- Mr. Hoffman: At least. Commissioner Winton: -- looking at the -- when I was looking at his photo, you could clearly see that there was a significant elevation difference between the park and their property, and so that's the only reason I'm arguing -- Commissioner Allen: Yeah, but -- Commissioner Winton: -- build a taller fence. Commissioner Allen: But I'm wondering, is that an accurate representation? I don't know. Lourdes. Mr. Hoffman: It's about four feet is about the height difference. Commissioner Winton: It's four feet? Mr. Martin: No. I -- Mr. Hoffman: Is it about four feet? Richard Veber: -- I'm Rick Veber, 1024 Northwest North River Drive. Commissioner Allen: Wait, wait. Can you come up and speak, sir, quickly, before we -- Chairman Sanchez: Sir, sir, you need to state your name -- Mr. Veber: One and a half, two feet is -- Chairman Sanchez: -- for the record, but I -- Commissioner Allen: Yeah, sir. Chairman Sanchez: -- did we close -- Commissioner Allen: Got to come up and speak your -- right. Mr. Veber: Richard Veber, 1024 Northwest North River Drive. I'm -- Commissioner Allen: Right. City of Miami Page 134 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Mr. Veber: -- a member of the Civic Association. The height difference, there's about one and a half, two feet difference between the levels. Commissioner Winton: I'm going to bet you -- Commissioner Allen: OK. Commissioner Winton: -- 50 bucks right now it's not less than two feet. Mr. Hoffman: Did you say -- Commissioner Allen: OK, so it appears to me -- Mr. Veber: You're on. Unidentified Speaker: A survey. Mr. Veber: You're on. Commissioner Allen: Yeah. It appears to me a survey would be appropriate if we're going to address this issue. On the other hand, I think we have a procedural problem here, and I hate to preempt you, but go ahead. Could you answer the question that was recommended, either we deny this to do it procedurally and -- Maria J. Chiaro (Assistant City Attorney): The situation was properly stated by Ms. Slazyk You -- you know, if you deny the permit, it cannot come back for a year. You can grant this -- you can grant the permit and direct the Administration to proceed with the application for a variance . The two, however, are unconnected. Commissioner Winton: Right. Commissioner Allen: All right. Chairman Sanchez: OK, so the motion would be -- Commissioner Allen: Be to -- Chairman Sanchez: -- deny the appeal, grant the Class II and direct the Administration to proceed with the -- Commissioner Winton: In a separate motion. Chairman Sanchez: -- application for the variance. Commissioner Winton: In a separate motion -- Commissioner Allen: Separate. Commissioner Winton: --1 think. Chairman Sanchez: In a separate motion, OK, so therefore, we need a motion to deny the appeal and grant the Class II Permit, and then we need a separate motion -- Commissioner Allen: Right. City of Miami Page 135 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Chairman Sanchez: -- directing the Administration to proceed with the application for the variance. Commissioner Allen: Mr. Chairman, I make a motion and so move based on what you just stated. Chairman Sanchez: OK. Commissioner Winton: Second. Vice Chairman Gonzalez: Second. Chairman Sanchez: There is a motion to deny the appeal and grant the Class II,• that's one motion. There's a motion by Commissioner Allen, second by Commissioner Winton. 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." The motion carries. Now we need another separate motion and that motion is to direct the Administration to proceed with the applications for the variance of the wall. Is there a motion? Commissioner Allen: Lourdes. Chairman Sanchez: Motion by Commissioner Allen. Commissioner Allen: Yes. Chairman Sanchez: Is there a -- Commissioner Winton: Second. Chairman Sanchez: -- second? Commissioner Winton: Second. Chairman Sanchez: Second by Commissioner Winton. Open for discussion. Hearing no discussion -- Commissioner Allen: Yeah. Chairman Sanchez: -- all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the -- Commissioner Allen: Right. Chairman Sanchez: -- same right, say "nay." Motion carries. Thank you very much. We -- Commissioner Allen: Lourdes. Chairman Sanchez: -- move on. Thank you, sir -- City of Miami Page 136 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Mr. Hoffman: Thank you. Chairman Sanchez: -- and you stated -- Commissioner Allen: -- we just passed it. Chairman Sanchez: -- for the record you're pro bono -- Commissioner Allen: (UNINTELLIGIBLE). Chairman Sanchez: -- so you -- Mr. Hoffman: Yes. Michael Hoffman, pro bono for the appellant, Rebecca Long. Chairman Sanchez: Thank you so much. Mr. Hoffman: Thank you. Chairman Sanchez: All right. Joe Arriola (City Manager): Commissioner Winton, 1 want to thank you for -- Unidentified Speaker: Thank you very much, Your Honor. Mr. Arriola: -- volunteering Quality of Life money for the extra two feet of the wall. Chairman Sanchez: All right. Before we go -- Commissioner Winton: It's coming -- Chairman Sanchez: -- back to the -- Commissioner Winton: -- out of the Planning Department. PZ.14 04-00522 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A MODIFICATION TO A DECLARATION OF RESTRICTIVE COVENANT ("ZONING COVENANT") DATED SEPTEMBER 28 , 1992 AND RECORDED IN OFFICIAL RECORDS BOOK 15663, PAGE 0716- 0720, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2947-2949 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A", IN ORDER TO AMEND CERTAIN SECTIONS OF THE COVENANT IN THE MANNER DESCRIBED THEREIN. 04-00522 Exhibit A.PDF 04-00522 Aerial Map.pdf 04-00522 Applicant Letter & Supp Docs.PDF 04-00522 Fact Sheet.PDF 04-00522 Legislation.PDF 04-00522 Zoning Map.pdf 04-00522 - submittal.pdf 04-00522-Submittal-2. pdf City of Miami Page 137 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 REQUEST: Modification to a Covenant LOCATION: Approximately 2947-2949 SW 22nd Terrace APPLICANT(S): Judy Galindo, Owner of Latin American Cafeteria -Restaurant APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. PURPOSE: This will allow a modification to an existing covenant. Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Regalado Absent: 2 - Commissioner Sanchez and Allen R-05-0204 Vice Chairman Gonzalez: All right. We have done 12, 13. Lourdes Slazyk (Assistant Director, Planning & Zoning): We're up to 14. Vice Chairman Gonzalez: 14. Ms. Slazyk: PZ 14 is a request for a modification to the covenant for 2947 through 49 Southwest 22nd Terrace. This is for the Latin American Restaurant -Cafeteria. The request was to modify certain provisions of the covenant regarding access from 22nd Terrace. I think the original request was for vehicular ingress and egress, and now I believe the request is being modified to pedestrian ingress and egress, with a fence and a gate only, and they're removing the request for vehicular ingress and egress from 22nd Terrace. The Department is still recommending denial. Ben Fernandez: Good afternoon, Commissioners. For the record, my name is Ben Fernandez, law offices of Bercow & Radell, 200 South Biscayne Boulevard, here on behalf of the applicant. This item, I won't bore you with the history because I know that it's been before you a few times and we've heard -- Commissioner Regalado, we've heard your input on this and we've immediately responded by fencing the property to ensure that there would be no vehicular ingress and ingress onto 22nd Terrace. As you know, this is a neighborhood serving retail restaurant establishment, a very popular one, really an icon, I think, of the Cuban community, and all we are trying to achieve through this modification is a pedestrian ingress and egress to the property from the 22nd Terrace, the residential area, so that if someone wants to walk up and get a cup of coffee or a sandwich, there -- they will continue to be able to do that. Of course, this property lost a lot of parking when the adjacent property next door was redeveloped, the Astor, and parking is tight there, so they need all of the parking that they can get on site to deal with traffic. It's a very popular restaurant, very successful one on Coral Way. We've amended -- our proposed amendment to the covenant is really very simple. It provides that a six- foot aluminum fence with a gate for pedestrian ingress and egress shall be installed at the owner's expense along the southern property line, parallel to Southwest 22nd Terrace, and that said fence shall incorporate landscaping on both sides in accordance with a landscape plan, and said plan shall be submitted for approval to the Department of Planning and Zoning prior to the issuance of a building permit, and I've provided your staff with this proposed modification. They City of Miami Page 138 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 have reviewed it and we're prepared to begin this work immediately upon your approval of this application. We're here to respond to any comments that you have. Commissioner Regalado: Mr. Chairman. Vice Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Thank you. This been very difficult for the residents, especially because we haven't finished the 22nd Terrace construction, and I have seen and talked to many of the residents, and what the residents really objected to was the vehicular traffic. That is something that, you know, you have to live on 22nd Terrace to understand why people try to cut through Coral Way and that is why these people that were just here had to change all the plans, spend all the money, demolish all the building so they can exit and enter on Coral Way. However, the residents do want and appreciate a pedestrian entrance because many of these elderly residents go to the pharmacy across the street, to the cafeteria, to the doctor's office and the bank, and if they don't have that pedestrian access, they will then have to go to 27th or 29th, walk to Coral Way, go around and that's three or four blocks, so I am ready, Mr. Chairman, to approve the -- Ms. Slazyk: Modified. Commissioner Regalado: -- motion to modify the covenant in -- and accept what the counsel have proffered in terms of the fence with landscaping -- Vice Chairman Gonzalez: All right. Commissioner Regalado: -- and the pedestrian gate for Southwest 22nd Terrace. Vice Chairman Gonzalez:: Before -- this is a public hearing, right? OK. Jorge L. Fernandez (City Attorney): Mr. Chairman, we don't have a final recordable form to that modified covenant. You should -- if it's the wish of the Commission to pass that, to have the applicant submit it to us in the form in which it needs to be submitted, within 30 days. If not, then we would need to come back to you. Commissioner Regalado: OK. Mr. Fernandez: That's fine. We do have an executed version for you, Mr. City Attorney. Mr. Fernandez: Recordable? Vice Chairman Gonzalez: All right. Mr. Fernandez: I believe that it's recordable, but I can proffer it now. If not, we will get it to you -- Mr. Fernandez: OK. Mr. Fernandez: -- within 30 days, absolutely. Commissioner Winton: I'll second for discussion. Vice Chairman Gonzalez: All right. This is a public hearing. Anybody in opposition? Anybody in favor? Hearing none, seeing none, it's back to the Commission. We have a motion and we have a second for discussion. City of Miami Page 139 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Commissioner Winton: Commissioner Regalado, I think that -- I don't have a -- I have no visual on this, but 1 have a worry, so I think that our motion needs to include that whatever is done there does go through review -- Ms. Slazyk: Design review. Commissioner Winton: -- of our Planning Department so that we end up with something that really works for the neighborhood -- Commissioner Regalado: Oh, yeah. It's -- Commissioner Winton: -- and not left -- Ms. Slazyk: Yeah. Commissioner Winton: -- to the discretion of -- Commissioner Regalado: No, it's here. Mr. Fernandez: Commissioner, it's in there. It's in there. Commissioner Winton: It is? Commissioner Regalado: No, it's here. It's here. Ms. Slazyk: It says -- Commissioner Winton: Oh, OK, fine. Ms. Slazyk: -- said plans shall be submitted. Commissioner Regalado: No, it's here. That's why I supported the modification because -- Commissioner Winton: OK. Commissioner Regalado: -- the Planning Department has to approve -- Commissioner Winton: Yeah. Commissioner Regalado: -- the landscaping and that my -- Commissioner Winton: And the fence. Commissioner Regalado: And the fence. Ms. Slazyk: And the -- yeah. Commissioner Winton: I don't know what that fence is going to look like. Ms. Slazyk: The fence and the gate, it's -- yeah, it's got to be something good. Commissioner Regalado: My concern is that there will be no pedestrian access -- Mr. Fernandez: No vehicular. City of Miami Page 140 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Commissioner Regalado: -- and the residents do want pedestrian -- Mr. Fernandez: Vehicular, vehicular access. Commissioner Regalado: No, no, no, no. Mr. Fernandez: That there will not be any. Commissioner Regalado: That if we follow the Planning Department recommendation, there will be no -- Mr. Fernandez: Correct. Commissioner Regalado: -- pedestrian access -- Ms. Slazyk: Right. Commissioner Regalado: -- and that was my concern. That is why I am supporting the pedestrian access from 22nd Terrace to Coral Way and the east -- the north and south area of Coral Way, and -- Vice Chairman Gonzalez: All right. Commissioner Regalado: -- it has to go to the Department of Planning and Zoning for review of the landscape and all that, and in 30 days, you have to proffer to the covenant to execute with the City Attorney and that's that. Vice Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez.: All opposed? Motion carries. Mr. Fernandez: Thank you very much. PZ.15 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. City of Miami Page 141 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 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 SR Fact Sheet 04-28-05.pdf REQUEST: To Amend Ordinance No. 10544, from "High Density Multifamily Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 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 IDs 04-01268 and 04-01268b. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Paramount at Edgewater Square Major Use Special Permit Project. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen Vice Chairman Gonzalez: PZ 15. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 15 and 16 are companion land use and zoning change items. They were here for the City Commission on first reading on February 24. There was some opposition from a nearby condominium and you all had continued it to this date in order to give the applicant an opportunity to meet with the condominium. Vice Chairman Gonzalez: All right. This is a public hearing. Anybody wants to address the Commission in favor or against this project, please come forward. Yes, ma'am. Adrienne Pardo: Mr. Chairman, my architect is here, but 1 don't know where she went, so could I ask -- Lucia has Item 18 that she needs to continue. If she could just continue it, and I can -- Vice Chairman Gonzalez: All right. Ms. Pardo: -- go find here, if you wouldn't mind. Thank you for your time. Vice Chairman Gonzalez: All right, so we -- City of Miami Page 142 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Ms. Slazyk: PZ (Planning and Zoning) Vice Chairman Gonzalez: -- table 15 and 16. Chairman Sanchez: PZ 16. Vice Chairman Gonzalez: OK. PZ 16. Ms. Slazyk: 15 and 16, again, these are companion items continued from the last meeting. Chairman Sanchez: All right. First reading. Madam Applicant. Adrienne Pardo: Yes. Chairman Sanchez: All right. Is there any opposition to this item? Commissioner Winton: What item? Ms. Pardo: I don't -- Chairman Sanchez: PZ (Planning and Zoning) -- Ms. Pardo: -- believe so, no. Chairman Sanchez: -- 16, it's an ordinance on first reading. Ms. Pardo: We don't have opposition. Chairman Sanchez: There is no opposition, OK Commissioner Winton: PZ which? Commissioner Regalado: 15 and 16. Ms. Pardo: 15 and 16. Commissioner Winton: Oh. Chairman Sanchez: All right. This was in front of us before. Ms. Pardo: Was -- 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, which is the owner of the subject property. The last time we were before you was a month ago, and there was a request from some residents in the 2121 Biscayne building for a continuance. Due to that continuance, we met with them again. We had met with them back in October, but we met with them again. We actually had met with them, their entire board, for about three hours immediately following the Commission meeting, and then they established a committee, and we met again with their committee last week. The president of the association, Allison Gillespie is here and they are not in opposition of the subject property, of the application, and I'm ready to make a full presentation if you'd like me to go through it. Chairman Sanchez: All right. Commissioner Winton: Well, 1 think I'd like them to -- the president of the association to just put City of Miami Page 143 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 on record that they are whatever they are. Chairman Sanchez: What their position may be on this project. Allison Gillespie: Pardon me? Chairman Sanchez: What your position is on this item. Ms. Gillespie: First of all, my name is Allison Gillespie. I'm at 2121 North Bayshore Drive. Our position is that, first of all, we appreciate the Commission and the developers' time in listening to our concerns and continuing this issue. We had a wonderful meeting with the developers and we had a great conversation regarding some give and take and talking about some of our concerns, and have come out of that meeting with a positive working relationship, committing to have increased communication and have even established that we're going to have an official liaison from our building with the developers in case there are any issues coming up, but there was a commitment on the part of the developers and on our part to continue to work together on this project, so there's no opposition to the project. Commissioner Winton: Move it. Chairman Sanchez: All right. There is a motion by Commissioner Winton. Commissioner Regalado: Second. Chairman Sanchez: Second by Commissioner Regalado. It is open for discussion. It's an ordinance. Is there anyone from the public wishing to address this item? 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: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Commissioner Winton: And to the developer, make sure that whatever commitments you're making to the neighbors, those commitments are -- Ms. Pardo: Absolutely. Commissioner Winton: -- kept. PZ.16 04-01268b ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 21 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-4 " MULTIFAMILY HIGH -DENSITY RESIDENTIAL 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" City of Miami Page 144 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 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 21ST 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 Zoning Map.pdf 04-01268b Aerial Map.pdf 04-01268b Analysis.PDF 04-01268b ZB Resos.PDF 04-01268b Application & Supporting Docs.PDF 04-01268b Legislation.PDF 04-01268b Exhibit A.PDF 04-01268b SR Fact Sheet 04-28-05.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 IDs 04-01268 and 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. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen Chairman Sanchez: PZ.17. Jorge L. Fernandez (City Attorney): 16. Priscilla A. Thompson (City Clerk): 16. City of Miami Page 145 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Lourdes Slazyk (Assistant Director, Planning & Zoning): Well, 16 is the -- Chairman Sanchez: I am so sorry. Ms. Slazyk: -- companion -- Commissioner Winton: So moved. Ms. Slazyk: -- zoning change. Chairman Sanchez: Companion item. There's a motion. Is there a second? There's a motion. Is there a second? Commissioner Regalado: Second. Chairman Sanchez: There's a motion by Commissioner Winton, second by Commissioner Regalado. Before we go to the discussion, it is a public hearing. Anyone from the public wishing to address this item, please step forward and be heard. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. No further discussion. Mr. City Attorney, read the ordinance into the record. Madam Clerk, roll call. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Chairman Sanchez: PZ 17 Ms. Pardo: Thank you. Ms. Thompson: We did that already. We're done. Commissioner Winton: Didn't we deny Bernardo's thing? Chairman Sanchez: That's it? No, we're not finished. Vice Chairman Gonzalez: We are. Commissioner Winton: We den -- Bernard, he's a little late, but should we tell him we've denied his application? I knew it'd be a junky looking building. No, we'll see it next time. Chairman Sanchez: All right. Are there any pocket items? Are there any pocket items? Vice Chairman Gonzalez: None. Chairman Sanchez: No pocket items. PZ.17 05-00077 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S City of Miami Page 146 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 ), AMENDING PAGE NO. 46, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "SD -2" COCONUT GROVE CENTRAL COMMERCIAL DISTRICT TO "SD-2" COCONUT GROVE CENTRAL COMMERCIAL DISTRICT WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, INCREASING THE F.A.R. TO 2. 23, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3300 RICE STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN " EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00077 Analysis.PDF 05-00077 Zoning Map.pdf 05-00077 Aerial Map.pdf 05-00077 ZB Reso.PDF 05-00077 Application & Supp Docs.PDF 05-00077 Legislation.PDF 05-00077 Exhibit A.PDF 05-00077 SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000 from SD-2 Coconut Grove Central Commercial District to SD-2 Coconut Grove Central Commercial District with an SD-19 Designated F.A.R. Overlay District, Increasing the F.A.R. to 2.23 to Change the Zoning Atlas LOCATION: Approximately 3300 Rice Street APPLICANT(S): Geoffrey Jackson, Owner and Arquitectonica International Corp., Contract Purchaser APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on January 24, 2005 by a vote of 9-0. PURPOSE: This will change the above property to SD-2 Coconut Grove Central Commercial District with an SD-19 Designated F.A.R. Overlay District, increasing the F.A.R. to 2.23. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Regalado Absent: 2 - Commissioner Sanchez and Allen Vice Chairman Gonzalez: All right. PZ 17. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 17 is a request for a change of zoning for the property located at 3300 Rice Street. The request is to add an SD-19 overlay for a designated FAR (floor area ratio) of 2.23 for this project. The recommendation from the City of Miami Page 147 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Planning Department is for denial and the recommendation from the Zoning Board was for approval. Vice Chairman Gonzalez.: All right. This is a public hearing. Anybody that wants to address the Commission, anybody in favor or in opposition of this item, please come forward. Seeing none and hearing none, it comes back to the -- I'm sorry, Lucia. Sorry. Lucia Dougherty: This is a property -- Lucia Dougherty, with offices at 1221 Brickell Avenue. This is a property that is located on Rice Street. If you can imagine where the Mayfair parking garage is, where they used to have the La (UNINTELLIGIBLE) and that Soyka -- I can't remember the name of the restaurant, but anyway, that garage, directly behind it is a two-story strip shopping center on Rice Street. That's a piece of property that Bernardo Fort Brecia and Laurinda Spear have purchased to locate their office building, Arquitectonica Design Studios. It is close to where they live; they live in the Moorings just down the street. They have six children who went to Ransom, four of whom are still there. They want to relocate, by the way, where they originally had their offices with -- when they were partners with Elizabeth Plater-Zyberk and Andres Duany, so 27 years ago, that's where they started their architectural firm, Arquitectonica, and they want to return to the exact same place, so they want to build their design studios. They want to build it exactly at the height limitation that's permitted, but they're asking for an SD-19 overlay in order to take the parking, which would otherwise be permitted in it, and put it in the public garage. In other words, the way your ordinance is designed, it has an FAR that anticipates that you're going to have parking below, offices or residential above, but the parking doesn't count towards FAR, so what we're asking to do is take the FAR that we would otherwise have on the bottom floor and put it in the parking garage, which is directly across the street, a public parking garage, which is countercyclical to this office. In other words, when Bernardo and his architects and his clients are in the office, it's countercyclical of your peak hour traffic, so they're leaving when your Grove is filling up and that parking garage is filling up at night, so -- Commissioner Winton: That's the Oak Avenue garage? Ms. Dougherty: Yes, umm-hmm. It is directly across the street, so if you imagine -- here is the Mayfair garage, the one that had that restaurant in it. The Oak Avenue garage is here -- and I apologize, but we have all these maps and stuff, but Bernardo's on his way -- so you have the Oak Avenue garage, you have -- Ms. Slazyk: There's a map in their packages, though. Ms. Dougherty: Oh. Ms. Slazyk: There's a color aerial photograph in your package. Commissioner Winton: I'm looking at it. Ms. Slazyk: OK. Ms. Dougherty: OK, so directly (INAUDIBLE) -- oh. Commissioner Winton: I know it. 1 know the area. Ms. Dougherty: OK, so this is the Oak Avenue garage right there. Commissioner Winton: Right. Ms. Dougherty: So currently you have all these commercial uses. You have the Oak Avenue City of Miami Page 148 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 garage. You have across the street the fire station. You have the office building catty -corner from that, so you have all these commercial uses. We want to build exactly what's there to the same height that's permitted, but in order to take the parking out and put Design Studios in, we need some additional FAR. We think that this particular site deserves it because it's not -- because if you want to attract this office here, that's what you're going to have to do, and one of the things that we have gotten from the owner of the -- current owner of the property is a letter, and this is sort of important for you to understand. He's given me a letter that says that if you pass this SD-19 and, for some reason, Bernardo doesn't buy it or build it, you are authorized, without his objection, to roll the zoning back, so that's that, so you're authorized to do it anyway because he hasn't started building. All I'm saying to you, he doesn't have an objection to it if, for some reason, Bernardo doesn't buy it. You could do it anyway because no one has built; no one's pulled a building permit. All I'm saying to you is, if you wanted to do it, he is saying to you he's not objecting, so unfortunately, Bernardo's not here with his design plans so he could show you the building. He does have those prepared This is first reading. He will have them there on second reading, I promise. Vice Chairman Gonzalez.: All right. Commissioner Winton: What's the law of unintended consequences? Ms. Slazyk: Well, the one 1 thought of was the one that she just addressed with the letter, what if he doesn't come -- Commissioner Winton: Right. Ms. Slazyk: -- and this FAR is now higher than what you could -- Commissioner Winton: Right. Ms. Slazyk: -- get with even a MUSP (Major Use Special Permit), you know. Our primary reason for recommendation of de -- I mean, there's SD-2 here. We're going to get to get through Class II to see whatever happens anyway. It's just an inappropriate use. SD-19, it's a, you know -- SD-19 is used -- in the Grove, primarily, it's been used to lower FAR. There's very few places in the City where it's used to raise FAR, and lately it's being used a lot to raise FAR, and we're in the process of analyzing that to possibly come back with an amendment for you. Commissioner Winton: But you know -- Ms. Slazyk: It's a precedent. Commissioner Winton: -- what I like -- Ms. Slazyk: It's a precedent. Commissioner Winton: -- about this is that we get a use that's going to utilize a public garage. Ms. Slazyk: I know, but a zoning change, you can't tie them to the use they're saying. Commissioner Winton: Say what? Ms. Dougherty: Yes, they can. Ms. Slazyk: You can't tie them in a zoning change to an office use. OK, they can -- Ms. Dougherty: But you can take it away. City of Miami Page 149 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Ms. Slazyk: -- do anything that's allowed in SD-2 there. Yes, it's close to a garage, but they could -- once they get this, you know, they're not tied to a set of plans. They're not -- you know -- Ms. Dougherty: I'll tie them to a set -- Ms. Slazyk: They're telling you that it's -- Ms. Dougherty: -- of plans by a covenant -- Ms. Slazyk: -- Arquitectonica's going to move in -- Ms. Dougherty: -- by second reading. Ms. Slazyk: -- and it's going to be an office use, but there's -- in a zoning change, you can't bind them to that. Commissioner Winton: But I thought we could roll back Mr. City Attorney -- Jorge L. Fernandez (City Attorney): Well, I'm just wondering if -- Commissioner Winton: -- can we roll back? Mr. Fernandez: My question is, will they be submitting an agreement with the parking garage in perpetuity, and would there be a condition of the rezone that if they ever breach that agreement to maintain and pay for so many parking units, that then this would be rescindable. To me, that would -- Ms. Dougherty: That is a good -- that's a good point. I apologize. I didn't say what 1 had to do Mr. Fernandez: Say that. Ms. Dougherty: -- say about that, and that is that we are required to pay money into the trust fund for every parking space we don't provide; that's number one, but number two -- Ms. Slazyk: That's true. Ms. Dougherty: -- we also are going to be providing public -- we are also going to be paying for the cards for the garage -- Ms. Slazyk: That's true. Ms. Dougherty: -- so we're getting hit twice. Ms. Slazyk: That's true. In order to build the building without the parking spaces, they have to pay into the trust fund. Mr. Fernandez: Correct. Ms. Slazyk: Then their actual office employees would have to actually either park on the street or get a -- passes for the garage. Commissioner Winton: My inclination right now is to, on first reading, recommend approval and let us think about this and determine whether there's additional debate needed -- City of Miami Page 150 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Ms. Slazyk: OK. Commissioner Winton: -- for round two, and maybe round two, we blow it up, but my inclination right now is to go forward because there are parts of it I really do like. I like the idea that they're utilizing the public garage that's underutilized right now -- Ms. Slazyk: No, and -- Commissioner Winton: -- and everybody knows that. Ms. Slazyk: -- new ofices in the Grove. It's a great idea. I think our biggest -- Commissioner Winton: Absolutely right. Ms. Slazyk: -- concern was the precedent of -- Commissioner Winton: Yes. Ms. Slazyk: -- SD-19. Commissioner Winton: Exactly. Ms. Dougherty: The other thing I forgot to tell you is we went to the One Grove Alliance and they approved it. Commissioner Winton: That's a shocker. Ms. Dougherty: That's another one I forgot to tell you, so -- Commissioner Regalado: Second. Ms. Slazyk: OK, approve. Commissioner Regalado: I'll second the motion. Commissioner Winton: We got a motion and a second. Vice Chairman Gonzalez: All right. We have a motion and we have a second. It's an ordinance. Commissioner Winton: And Mr. City Attorney, you're going to -- Vice Chairman Gonzalez: Yes. Mr. City Attorney. Mr. Fernandez.: Well, you know, and of course, Lucia understands that she also needs to get the approval of the City Attorney's Office, which may not be as easy as the Grove Alliance. No, just kidding, but we will work with that. Ms. Dougherty: Undoubtedly, you're right. Commissioner Winton: OK, great. Mr. Fernandez: We'll work on that. Vice Chairman Gonzalez: Read the ordinance. City of Miami Page 151 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Commissioner Winton: OK. Mr. Fernandez: Yes. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Ms. Dougherty: Thank you very much. PZ.18 04-00723 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE 1237 BISCAYNE BOULEVARD PROJECT, TO BE LOCATED AT APPROXIMATELY 1237 BISCAYNE BOULEVARD, 324 AND 444 NORTHEAST 13TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A 57- STORY MIXED -USE STRUCTURE CONSISTING OF 408 TOTAL MULTIFAMILY RESIDENTIAL UNITS, APPROXIMATELY 17,160 SQUARE FEET OF RETAIL/OFFICE USE, AND 570 TOTAL PARKING SPACES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-00723 MUSP Analysis.PDF 04-00723 Zoning Map.pdf 04-00723 Aerial Map.pdf 04-00723 School Brd Recomm.PDF 04-00723 Traffic Impact Analysis.PDF 04-00723 PAB Reso.PDF 04-00723 Sp Ex Fact Sheet.pdf 04-00723 Sp Ex Analysis.PDF 04-00723 ZB Reso.PDF 04-00723 Legislation.PDF 04-00723 Exhibit A.PDF 04-00723 Exhibit B.PDF 04-00723 Exhibit C.PDF 04-00723 Plans.pdf 04-00723 Plans Re-submittal.pdf 04-00723 MUSP Fact Sheet 04-28-05.pdf REQUEST: Major Use Special Permit for the 1237 Biscayne Boulevard Project LOCATION: Approximately 1237 Biscayne Boulevard and 324 and 444 NE City of Miami Page 152 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 13th Street APPLICANT(S): 1237 Biscayne Blvd, LLC, Owner and 1237 Biscayne Development Group, LLC, Contract Purchaser APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on June 16, 2004 by a vote of 6-0. ZONING BOARD: Granted the special exception on June 28, 2004 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow the development of the 1237 Biscayne Boulevard Project. CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Sanchez and Commissioner Allen absent, to continue item PZ 18 to the Commission Meeting currently scheduled for April 28, 2005. Vice Chairman Gonzalez: PZ 18, yes. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.18 is the Major Use Special Permit for the Opus project. We're requesting that that be continued again. Vice Chairman Gonzalez: All right. Ms. Slazyk: I'm not sure if, Lucia, you have a date certain. One month, April 28. Vice Chairman Gonzalez: We need a motion. Commissioner Winton: So moved. Vice Chairman Gonzalez:: OK. We have a motion to continue to -- Commissioner Regalado: Second. Vice Chairman Gonzalez: -- April 28. Do we have a second? Commissioner Regalado: Yeah, I'll second Vice Chairman Gonzalez: And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed? Commissioner Regalado: Lucia, does the Opus wants to break the record of the Performing Arts in delaying? Lucia Dougherty: I don't think we could possibly do that. City of Miami Page 153 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Commissioner Regalado: Oh, OK, good. City of Miami Page 154 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 NON -AGENDA ITEMS NA.1 05-00304 DISCUSSION ITEM A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Allen absent, to direct the City Manager to come back with a recommendation for acquisition of real property to develop affordable housing in the Little Havana Community Revitalization District; further authorizing the Little Havana Homeownership Advisory Board to assist in the management and supervision of said properties. MOTION Chairman Sanchez: All right, so why don't we get -- why don't we go to the blue pages and take care of that. Do we have anything else time certain, Madam Clerk? Priscilla A. Thompson (City Clerk): No, sir, you don't. Chairman Sanchez: 1 believe I have two items that are -- Commissioner Winton: What did we do? Ms. Thompson: You -- Chairman Sanchez: -- not time certain, but I'm waiting on them -- for them to get here. Ms. Thompson: Correct. That's one -- Chairman Sanchez: And we'll continue to wait. OK, well go to the blue pages, so we'll start with District 1. Vice Chairman Gonzalez: I have nothing. Chairman Sanchez: District 2. Commissioner Winton: You know, I'm going to give all of my time to Commissioner Regalado. Chairman Sanchez: All right. District 3. 1 do have one. It's a resolution and this is -- I wanted to do it after the presentation of the Little Havana Homeownership Advisory Board, but I'll go ahead and do it now since it's under my blue page. They will be presenting their success as to -- this is a board that was put together of professionals to assist homeownership in Little Havana, an area that was seven percent homeownership, and this is a volunteer board. They're all professionals. There is no money towards administration costs and I would like for them to showcase and show you the success that they had, but this resolution is in an attachment to them, and it's a resolution of the City of Miami Commission authorizing the City Manager to ident and negotiate for purchase real property for affordable housing in the Little Havana Community Revitalization District, with purchase price not to exceed -- and that'll be determined by -- Steve, what is the amount? All right. I'll tell you what we'll do, we'll direct the City Manager to bring it back in front of the Commission with a number on it as to what he believes would be in compliance, and this resolution that we're presenting here today would just be directed to have the City Manager put it on the regular agenda, and I stated when I got stuck here on the funds -- for funds available to the Little Havana Homeownership Advisory Board; and authorizing the Little Havana Homeownership Advisory Board to assist in the management and supervision of said properties, so once again, this is just directing the City Manager to put it back on the agenda for discussion from the Commission and approval from this Commission. So move. City of Miami Page 155 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Commissioner Winton: Second. Vice Chairman Gonzalez: Second. Chairman Sanchez: All right. Commissioner Winton: Or can you move it? You want me to move it for you? Chairman Sanchez: 1 need somebody to move it. Commissioner Winton: 171 move. Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion by Commissioner Winton, second by Vice Chairman Gonz alez. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay," so this will be back for approval of this legislative body. NA.2 05-00305 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO START AN INDEPENDENT INVESTIGATION REGARDING THE SUSPENSION CASE OF FRANK PICHEL, FORMER SERGEANT -AT -ARMS, OF THE CITY COMMISSION AND TO REPORT BACK THE FINDINGS OF SAID INVESTIGATION TO THE CITY COMMISSION. Motion by Commissioner Regalado, 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-05-0201 Commissioner Regalado: OK. The second item is a resolution to direct the City Manager to start an independent investigation regarding the case of one of the Sergeant at Arms of the Miami City Commission, Sergeant Frank Pichel, and he has been suspended and there are some allegations, which I don't know, don't have details, but since this affects the daily work of the City Commission, 1 am requesting that the City Manager will conduct his own independent investigation regarding this matter and report back to the Commission, and that the City Manager in this report will also decide that there will be no action taken until the City Manager finishes his investigation and concludes on what are the facts on this case. Vice Chairman Gonzalez: 1'll second the motion and 1 wanted to add -- Chairman Sanchez: All right. There's a motion and a second. The motion is made by Commissioner Regalado, second by Vice Chairman Gonzalez, who is recognized for discussion. Vice Chairman Gonzalez:: Yes, sir. Yeah. Mr. Manager, I feel kind of bad because what has just happened is kind of a disrespect to this City Commission. Sergeant Pichel was our Sergeant at Arms until three or four, or five days ago, and he has been suspended for whatever allegations are against him, and that's something that, under Commissioner Regalado's resolution, you will investigate and I will appreciate it that, in addition to obtaining an independent investigation in City of Miami Page 156 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 this case, that you look at the file and look through the file and see what would you -- what you find in it so you can inform us later on, but I think it's very disrespectful that the Sergeant at Arms that serves this Commission is suspended, removed and we are not notified of what's going on. I know there was a colleague that tried -- that needed a Sergeant at Arms and he didn't knew who to call. I needed a Sergeant at Arms a couple of days because 1 had a family emergency and I had to contact Sergeant Carvil to assist me. There was no report from the Police Department. There was -- no one came to not us of what was coming -- what was happening officially, and I think it's kind of disrespect. I mean, you know, we are the Commissioners. There needs to be a little bit more respect to this Commission, and so far I don't see it, so I definitely support the -- Commissioner Regalado's motion and I hope that we can find exactly what's going on here. Commissioner Winton: Mr. Chairman. Chairman Sanchez: Yes. Commissioner Winton: I need to make sure that I'm clear on what I heard Commissioner Regalado say. 1 understood the part about the Manager, which is his role, looking into this matter, reporting back to us, which I think is not in violation of our Charter, but I also thought I heard him say something about take no action or something in that -- in this directive, and I'm not sure that that statement, it seems to me, may in fact be in violation of our Charter, and we don't -- and Commissioner Regalado doesn't intend for that to be the case, I'm sure, nor do we, so Mr. City Attorney, could you help us in this regard? Commissioner Allen: If he may -- before you answer, Mr. City Attorney, is it your understanding, Commissioner Winton, that what Commissioner Regalado is indicating is that there's already an investigation taking place and he wants the City Manager to conduct an investigation so before the first investigation concludes, this should not -- the ultimate resolution as to the Sergeant at Arms should not be decided until the City Manager has conducted its investigation, so no action by the first investigation until the City Manager has concluded -- Commissioner Winton: Well -- Commissioner Allen: -- his investigation. Commissioner Winton: -- I think that's what he says -- Commissioner Allen: Right? Commissioner Winton: -- but I'm not sure that's legal for us to request that. That's what I'm asking the City Attorney. Commissioner Regalado: No. What I'm doing is what 1 asked the City Attorney we can do, and that's the most we can do. Jorge L. Fernandez (City Attorney): All that the City Commission can do is ask the City Manager to conduct an investigation and to report to you. It would be inappropriate for you to direct a specific result to the City Manager. The City Manager -- Commissioner Winton: That's what I thought. Mr. Fernandez: -- has absolute jurisdiction to conduct this investigation and to take action or not take action and still report to you completely on the facts and on the matter that you have requested him. City of Miami Page 157 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Commissioner Regalado: Well, and that's exactly what 1 said. Commissioner Allen: Right. Mr. Fernandez: Correct. Commissioner Winton: OK, so I'm -- Commissioner Regalado: That he -- Commissioner Winton: -- I just wanted to make sure. Commissioner Allen: Right. Commissioner Regalado: That is exactly what I said -- Commissioner Allen: Right. Commissioner Regalado: -- that the City Manager is the one that has to take the action, whether he thinks this way or that way, and then report back his decision and -- Commissioner Allen: Correct. Commissioner Regalado: -- we cannot discuss --1 mean, we cannot challenge his decision, whichever it is -- Mr. Fernandez: Correct. Commissioner Regalado: -- this side or that side. That's what I said, but my trust is in his office to conduct the investigation. You know what I mean? Mr. Fernandez: Correct, and so to make clear, the direction of the City Commission is for the City Manager to investigate and look into these cases or this matter and report back to you, with no specific directions as to any preferred outcome -- Commissioner Regalado: To me -- Mr. Fernandez: -- by this Commission. Commissioner Regalado: -- he does --1 mean -- Commissioner Allen: Right. Mr. Fernandez: Correct. Commissioner Regalado: -- he's the boss of the employees. Mr. Fernandez: Exactly. Commissioner Allen: OK. All right. Ready to vote. Chairman Sanchez: All right. There is a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 158 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Chairman Sanchez: Anyone in opposition, say "nay." Motion carries unanimously. Commissioner Regalado: Thank you, Mr. Chairman. NA.3 05-00306 DISCUSSION ITEM A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously, to direct the Administration to study the height limitations on the properties fronting Southwest 27 Avenue, from Coral Way to US.1, and come back with a recommendation for Commission consideration. Motion by Commissioner Regalado, seconded by Vice Chairman Gonzalez, PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Commissioner Regalado: The other item is a motion that actually it was -- it mirrors the motion that Commissioner Winton asked in the past meeting during the Biscayne Boulevard direction. It's a motion directing the Administration to study the height limitations on properties fronting Southwest 27th Avenue, from Coral Way to US -I, and to bring back a report to the -- for the Commission to consider. This is exactly the same process that Commissioner Winton requested for Biscayne Boulevard in the Morningside area in the last Commission meeting. That is my motion. Chairman Sanchez: All right. Is that one of your items? Vice Chairman Gonzalez: I'll second the motion. Commissioner Regalado: Huh? Chairman Sanchez: That's not on the agenda, is it? Commissioner Regalado: No, it's not on the agenda. Chairman Sanchez: Oh, OK, so it's a pocket item. Commissioner Regalado: Well, I'm just -- since I have four, I decided to use those -- that time. Chairman Sanchez: All right. Well, let's -- All right. There's a motion. Is there a second? Vice Chairman Gonzalez: There is a second. Chairman Sanchez: There's a second. All right. 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." Commissioner Regalado: And then -- Chairman Sanchez: Motion carries. Commissioner Regalado: -- I'll defer all the other items to the next Commission meeting. City of Miami Page 159 Printed on 5/2/2005 City Commission Verbatim Minutes March 24, 2005 Chairman Sanchez: All right. Commissioner Regalado: That's it. City of Miami Page 160 Printed on 5/2/2005