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Home My WebLink AboutCC 2005-05-26 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Meeting Minutes Thursday, May 26, 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 Meeting Minutes May 26, 2005 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS EM - EMERGENCY ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEMS City ofMiami Page 2 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 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 26th day ofMay 2005, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chairman Joe Sanchez at 9:30 a.m., recessed at 12: 06 p.m. At 2: 42 p.m. a meeting of the Midtown Community Redevelopment Agency (CRA) was held, which adjourned at 2:45 p.m., immediately followed by a meeting of the Southeast Overtown/Park West and Omni CRA, which adjourned at 2:58 p.m., immediately followed by the City Commission reconvening its regular meeting and adjourning at 8:33 p.m. Note for the Record: Vice Chairman Gonzalez entered the meeting at 9: 31 a.m. and Commissioner Allen entered the meeting at 9:32 a.m. ALSO PRESENT: Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk Chairman Sanchez: (INAUDIBLE) here at City Hall, our historical City Hall, 3500 Pan American Drive. Let's -- we have a voluminous agenda. We want to see if we could get out of here today possibly by 6; hopefully, even earlier than that, if we're able to keep the debates to a limit. We'll go ahead and start with the invocation and the pledge of allegiance, and then we'll go into the presentations and proclamations that'll be presented. Prayer and pledge of allegiance. PRESENTATIONS AND PROCLAMATIONS MAYORAL VETOES Commissioner Regalado presented a commendation to Dr. and Mrs. Manuel (Manolo) J. Reyes in celebration of their 54th wedding anniversary; further acknowledging Dr. Reyes accomplishments as vice president ofMercy Hospital; being the first Hispanic to broadcast a Spanish language newscast in South Florida, and volunteering weekly to assist children at St. John Bosco. Chairman Sanchez: At this time, I believe that Commissioner Regalado has a presentation, so therefore, I will turn it over to my colleague, Commissioner Tomas Regalado. Presentation made. NO MAYORAL VETOES Chairman Sanchez: All right, so we go along. Next item is that we have no mayoral veto, and as the Mayor stated, he's been here three years, working on his fourth, and he hasn't presented one, yet, so that shows that we're all working together on this. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Planninq and Zoninq Meetinq of April 28, 2005 City ofMiami Page 3 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Motion by Commissioner Regalado, seconded by Vice Chairman Gonzalez, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: All right, we need a motion to approve the following minutes: The Planning & Zoning meeting ofApril 28, 2005. We need a motion to approve those minutes. Commissioner Regalado: Move it. Chairman Sanchez: There's a motion by Commissioner Regalado. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. City ofMiami Page 4 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 ORDER OF THE DAY Chairman Sanchez: We move on to -- before we go on to PH.8, let me just make an official announcement. PZ (planning & zoning) items will be heard after 2:30. I apologize for not saying it, but I think that we have remaining of the agenda, and then at 2:30, we'll go ahead and we have a -- I believe a CRA (Community Redevelopment Agency) meeting, and then we'll start with the PZ items, OK, so go out and have a long lunch and come back at 2:30. (INAUDIBLE) order. Before we go to the PZ (planning & zoning) items, we do have a time certain at 2:30, and those are items pertaining to the Community Redevelopment Agency, two items, but before we do that, I think that Commissioner Allen has an item that he wants to bring up, and I believe it's a motion to reconsider one of the previous actions that were taken. However, I would wait to make sure that we have Commissioner -- Commissioner Allen: Gonzalez. Chairman Sanchez: -- Gonzalez here present. Commissioner Allen: Commissioner Gonzalez. Chairman Sanchez: If he's not back, what I suggest we do is, we do the CRA (Community Redevelopment Agency), and then after the CRA, we'll take care ofyour item. Commissioner Allen: Certainly. OK Chairman Sanchez: OK, and therefore, we come back to the Commission meeting. The City Commission meeting is back in order, and we have one item that -- Commissioner Allen: That's -- Chairman Sanchez: -- Commissioner Allen has. However, Vice Chairman Gonzalez has not arrived yet. Commissioner Allen: OK, so we're going to -- Chairman Sanchez: Can someone go get him? I think he's here. Commissioner Allen: I think you're advised that we -- do you want to go forward with it nonetheless, if -- Chairman Sanchez: Well, I would like to start already with the PZ (planning & zoning) items, but then we would have to, you know, get out of order, and I really don't want to -- I really want to start the PZ items and try to move through them as much as we can, so -- Commissioner Allen: Correct. Chairman Sanchez: -- let's try to maintain decorum here and some order. All right. Let me -- before we go into the PZ items, let me take this opportunity to read some information that we always provide before the PZ items, and that's, of course, any person who acts as a lobbyist pursuant to the City ofMiami ordinance must register with the City Clerk prior to engaging any lobbying activity before this legislative body or any board in the City ofMiami. We also ask that any person making slanderous remarks or who become boisterous while addressing this Commission should be respectfully asked to leave or escorted from the Commission. Anyone interested in obtaining an agenda could obtain an agenda five days before the Commission meeting. All they have to do is contact the City Clerk's Office and pick up an agenda. Any person seeking to address this City Commission, please register with the City Clerk, and of City ofMiami Page 5 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 course, we need to swear you in before you make any statements pertaining to planning and zoning, so what I'll do at this time is, if you could please rise so we could swear everyone in that'll be testifying in any of the planning and zoning items today. Anyone speaking on behalf or against of any of these items, please stand up and be sworn in. Then, if you're going to speak, you need to contact the City Clerk's Office or the City Clerk here and register your name as to addressing the City Commission. Madam Clerk, could you swear them in, please? Priscilla A. Thompson (City Clerk): Please raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chairman Sanchez: All right. Thank you so much. CONSENT AGENDA CA.1 05-00421 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN EMERGENCY RELIEF PROGRAM AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ("FDOT") TO UNDERTAKE AND COMPLETE CERTAIN EMERGENCY RELIEF EFFORTS FROM THE DAMAGE INFLICTED BY HURRICANE FRANCES IN SEPTEMBER, 2004, ASSOCIATED WITH FEDERAL AID HIGHWAYS OR ROADS ON FEDERAL LANDS WITHIN ITS JURISDICTION AS DEFINED BY THIS PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO SUBMIT RELATED CLAIMS TO FDOT AS DESCRIBED IN THE ATTACHED DETAIL DAMAGE INSPECTION REPORT, INCORPORATED HEREIN AS "EXHIBIT A" AND TO ACCEPT PAYMENTS FOR SAME. 05-00421-resolution.pdf 05-00421-exh i bit1. pdf 05-00421-exh i bit2. pdf 05-00421-summary form.pdf 05-00421-united states code.pdf 05-00421-fdot letter.pdf This Matter was ADOPTED on the Consent Agenda. R-05-0319 CA.2 05-00423 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW Police SPECIAL REVENUE FUND ENTITLED: "SOUTH FLORIDA HIGH INTENSITY DRUG TRAFFICKING AREA ("HIDTA") CRIME AND DRUG DEMAND REDUCTION PROGRAM IX" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $45,000, CONSISTING OF A GRANT AWARD FROM THE SOUTH FLORIDA HIDTA THROUGH THE MONROE COUNTY SHERIFF'S OFFICE; AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF City ofMiami Page 6 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 OF POLICE TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD. 05-00423-resolution.pdf 05-00423-summary form.pdf 05-00423-HIDTA letterl .pdf 05-00423-HIDTA letter2.pdf 05-00423-request.pdf This Matter was ADOPTED on the Consent Agenda. R-05-0320 CA.3 05-00424 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID OF METRO EXPRESS, INC., FOR THE PROJECT ENTITLED "CITYWIDE PEDESTRIAN ROUTES IMPROVEMENTS-2005, B-43114," IN THE PROPOSED AMOUNT NOT TO EXCEED $400,500; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS ACCOUNT NO. 341330, IN THE AMOUNT NOT TO EXCEED $400,500, FOR CONTRACT COSTS, PLUS $74,500, FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS, IN THE AMOUNT NOT TO EXCEED $475,000, AS SET FORTH ON THE TABULATION OF BIDS DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. 05-00424-resolution.pdf 05-00424-exhibitl .pdf 05-00424-exh i bit2. pdf 05-00424-exh i bit3. pdf 05-00424-exh i bit3A. pdf 05-00424-exh ibit3B. pdf 05-00424-summary form.pdf This Matter was ADOPTED on the Consent Agenda. R-05-0321 CA.4 05-00426 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING THE ACTIONS OF PREVIOUS CHIEFS OF POLICE IN EXECUTING THE LAW ENFORCEMENT AGAINST CHILD HARM ("LEACH") OPERATIONAL TASK FORCE MEMORANDUM OF UNDERSTANDING ("MOU"); AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY AND ALL FUTURE AMENDMENTS TO THE LEACH OPERATIONAL TASK FORCE MOU, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE BROWARD SHERIFF'S OFFICE AND VARIOUS OTHER LAW ENFORCEMENT AGENCIES, ON BEHALF OF THE CITY OF MIAMI'S DEPARTMENT OF POLICE. City ofMiami Page 7 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 CA.5 05-00427 Department of Fire -Rescue CA.6 05-00428 Department of Capital Improvements Program 05-00426-resolution .pdf 05-00426-exhibitl .pdf 05-00426-exh i bit2. pdf 05-00426-exh i bit3. pdf 05-00426-summary form.pdf This Matter was ADOPTED on the Consent Agenda. R-05-0322 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "EMS COUNTY GRANT #C4013 AWARD (FISCAL YEAR 2004-2005)" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $91,620, CONSISTING OF A GRANT APPORTIONED BY MIAMI-DADE COUNTY FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES ("EMS"), "FLORIDA EMS GRANT PROGRAM COUNTIES;" AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD. 05-00427-resolution.pdf 05-00427-summary form.pdf 05-00427-fire letter.pdf 05-00427-letter of agreement.pdf 05-00427-health letter.pdf 05-00427-distribution of grant.pdf 05-00427-grant application.pdf 05-00427-county resolution.pdf 05-00427-county attachment.pdf This Matter was ADOPTED on the Consent Agenda. R-05-0323 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING RESOLUTION NO. 05-0120, ADOPTED MARCH 24, 2005, THAT AUTHORIZED THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM, BY ATTACHING THE FORM SPECIFIED BY RULE 66B-2 OF THE FLORIDA ADMINISTRATIVE CODE FOR GRANTS ENTITLED "ATTACHMENT E-6, RESOLUTION FOR ASSISTANCE UNDER THE FIND WATERWAYS ASSISTANCE PROGRAM." 05-00428-resolution.pdf 05-00428-Exhibit. pdf 05-00428-summary form.pdf 05-00428-pre resolution.pdf 05-00428-evaluation and rating form.pdf City ofMiami Page 8 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 This Matter was ADOPTED on the Consent Agenda. R-05-0324 CA.7 05-00429 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Police OF KNOWLES ANIMAL CLINIC, RECEIVED ON MARCH 16, 2005, PURSUANT TO INVITATION FOR BIDS NO. 04-05-006, FOR THE PROVISION OF VETERINARY SERVICES FOR POLICE DOGS, FOR THE DEPARTMENT OF POLICE, FOR A PERIOD OF ONE (1) YEAR WITH THE OPTION TO EXTEND FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $20,386, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $81,544; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.260. 05-00429-resolution.pdf 05-00429-summary form.pdf 05-00429-award form.pdf 05-00429-tabulation of bids.pdf 05-00429-bid security list.pdf 05-00429-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. R-05-0325 CA.8 05-00430 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN Police INCREASE IN THE CONTRACT WITH PRE -QUALIFIED VENDORS, AS MAY BE AMENDED BY THE DEPARTMENT OF PURCHASING THROUGHOUT THE TERM OF THE CONTRACT, TO ADD ADDITIONAL VENDORS PURSUANT TO RESOLUTION NO. 04-0616, ADOPTED ON SEPTEMBER 23, 2004, FOR THE PURCHASE OF POLICE SERVICE DOGS, FOR THE DEPARTMENT OF POLICE, ON A SPOT MARKET, AS -NEEDED CONTRACT BASIS, IN AN AMOUNT NOT TO EXCEED $10,100, INCREASING THE ANNUAL CONTRACT AMOUNT FROM $24,000 TO $34,100, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $102,300; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.875. 05-00430-resolution.pdf 05-00430-summary form.pdf 05-00430-pre resolution.pdf 05-00430-attachmentA.pdf 05-00430-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. R-05-0326 CA.9 05-00431 RESOLUTION City ofMiami Page 9 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), AMENDING A MOTION MADE TO LEGISTAR FILE NO. 05-00089, ADOPTED FEBRUARY 24, 2005, TO PROVIDE AN ADDITIONAL EXTENSION OF SIXTY (60) DAYS TO THE NINETY (90) DAYS PREVIOUSLY GRANTED BY THE MIAMI CITY COMMISSION PURSUANT TO SAID MOTION; EXTENDING THE AGREEMENT WITH DAVISLOGIC INC., D/B/A ALL HANDS CONSULTING, FOR COMPREHENSIVE EMERGENCY PLANNING AND TERRORISM PREPAREDNESS PLANNING AND TRAINING SERVICES, IN ORDER TO PROVIDE PART G SERVICES FOR THE DEPARTMENT OF FIRE -RESCUE AND ALL OTHER CITY OF MIAMI ("CITY") DEPARTMENTS INVOLVED IN THE URBAN AREAS SECURITY INITIATIVE ("UASI") GRANT PROGRAM III, SUBJECT TO CERTAIN LIMITATIONS, FOR A TOTAL CONTRACTUAL PERIOD OF ONE HUNDRED FIFTY (150) DAYS AND INCREASING THE CONTRACT BY AN AMOUNT NOT TO EXCEED $956,980, FROM A TOTAL CONTRACT AMOUNT OF $2,761,269 TO $3,718,249; AUTHORIZING THE CITY MANAGER TO EXECUTE A FIFTH AND FINAL AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; ALLOCATING FUNDS FROM THE UASI PROGRAM III PROJECT NO. 110143, ACCOUNT CODE NO. 280911.6.270, SUBJECT TO BUDGETARY APPROVAL. 05-00431-resolution.pdf 05-00431-exh i bit1. pdf 05-00431-exh i bit2. pdf 05-00431-summary form.pdf 05-00431-marked agenda.pdf 05-00431-project proposal.pdf 05-00431-scope of services.pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0335 Chairman Sanchez: Now, we'll -- the appropriate legislative action here is to have CA.9 discussed, andl believe we'll start with you, Commissioner Allen. Commissioner Allen: Certainly, Mr. Chairman, if you will. Mr. Chairman, this is an item in connection with a fifth amendment, an extension to the DavisLogic, I guess, contract doing business as "All Hands Consulting" contract, but as I review this and look at the history of this, obviously, a number of things occurred before I was appointed here, and as such, there have been additional amendments, and there have been additional increases in the way of a compensation flowing to DavisLogic, and when I look back on this, the first amendment, I guess, an additional increase of compensation took place, I believe, in October 9, 2003, and that increase constituted an 83 percent increase; the second one occurred in May 27, 2004, that was a 75 percent increase; the third one occurred, which was a 39 percent increase, and a fourth one that occurred was a 6 percent increase, but that was a shorter period of time, with respect to the extension, and now we have to very (UNINTELLIGIBLE) allegedly, the last amendment, that constitutes a 35 percent increase, so I guess my concerns are, what are we getting for that type of service, and why such a substantial increase? Are we boxing ourselves in to the point -- like for example, there's a timeline that -- or deadline we must meet, and so, thus, this person is in a position to really negotiate a deal, a take -it -or -leave -it proposition, because they're the only game in town, if you will. Because I was under the impression that we were only extending this contract because this was going out to bid, and -- so -- yeah, I need further clarification because, City ofMiami Page 10 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 again, a 35 percent increase, and when you look at all the previous increases -- and they're correct -- 83 percent, 75 percent, just doesn't jibe with me, so I clearly need some explanation on this. Chief William Bryson: William Bryson, Fire Chief. Commissioner, those are all legitimate questions. The UASI (Urban Areas Security Initiative) point of contact and the administrator for it is Assistant Chief Joe Fernandez; he can explain any increases that you have questions on, so Joe. Commissioner Allen: OK, OK Well, having said that, OK, when these particular agreements were amended, there are various parts, apparently Part C, whatever alphabetical characterization you give it, I don't know if whether or not, are we getting additional services that will constitute this enormous increases? Because -- or are you guys doing something consistent with each of these additional parts, Part C, D, E, F, G, that will constitute or give rise to a reason as to why we should give these types of increases? I mean, what are we getting for our money, that's my point? Joe Fernandez: I'll be happy to answer that, Commissioner. Joe Fernandez, assistant fire chief. The initial contracting with this company was for comprehensive emergency management services for the City ofMiami to come up with a comprehensive plan that we did not have. During the time of that contract, a new challenge came up, which was the Urban Areas Securities Initiative [sic], which falls under the scope, and we were one of the fortunate cities across the country of the 50 that were able to capitalize on that, and immediately start turning the deliverables to the Federal government. As soon as the UASI program came about, there was a whole other scope that we had to deliver, and that's where the first increase came from, and subsequent -- Commissioner Allen: What year was that? That was the year 2003? Mr. Fernandez: That was the initial amendment, after the first scope, so you had the first scope, and then the initial amendment -- Commissioner Allen: Right, which was 83 percent increase. Mr. Fernandez: Right. That's where we took on a $15 million program, and had to turn around all sorts of deliverables to the Federal government that are reported, quantified, and -- Commissioner Allen: Right. Mr. Fernandez: Now -- Commissioner Allen: Can I stop you there? Mr. Fernandez: Yes, sir. Commissioner Allen: And I hate to interrupt your train of thought, because maybe you guys can explain this to me. What's the capacity of this company? Is this a -- how many employees, or is this a one-man operation that simply outsources all of these services and provide you guys with subconsultants, and he serves as a project manager? Let's talk about the mechanics of that, if you will, for a moment, because, you know, that probably -- I don't know. I mean, maybe we should have another company that has the capacity to do what we can save on these substantial increases, as opposed to having one individual who's simply outsourcing and subconsulting or subcontracting, if you will. That's problematic, believe me, because that's where you can get -- Mr. Fernandez: Let me try to answer that. City ofMiami Page 11 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Allen: -- tremendous increases. Mr. Fernandez: I'll try to answer that to the best of my ability. The company has changed over time and grown. It was not a large company, to start out with, and there has been, through the consortium of resources of that company, various service providers that had been included in the project. The services have been exemplary. We are at the forefront of performance within the USI [sic] program, and we're having a conference right now in Miami at the Radisson, at the Omni, where we're being heralded for our performance, so the satisfaction with the services has been top-notch. We just recently performed a great deal of services, which encompasses one of the other reasons for one of the amendments that you have to increase funding for a drill that we did for the Miami Police Department that hosted all the police departments in the area. If you need detail on that, I think Chief Fernandez can speak to it, but it's been a constantly evolving process with very stringent deadlines from the Federal government, and to stay in line with those, we have had to go to the extensions that you see. The most recent extension -- and I'd just like to comment on that one, since that's what's on the agenda, and I'll continue to explain anything that you need clarification on. The one that you're dealing with today, Part G, came about because of the extension that occurred at Commission in February, and we have definite deliverables that we have to give to the Federal government. What has happened is there is a portion of the law called NIMS Compliance, the National Incident Management System, where we, the City, are the stewards for a hundred jurisdictions in the four -county area, so this Commission item does not just affect us; it affects the whole region, four counties: Dade, Broward, Monroe, and Palm Beach, and a hundred thousand first responders; police, fire, government, administrative. We have to get them to specific levels of training by an interim date of September 2005, and then a final date of September 2006. This is hundreds of thousands of training hours that this company has to deliver. If we don't comply by September 2006, we are knocked out of eligibility for any future federal funding, so this is really -- this one is not a nice to have; it's a must have, and we don't have any ability to get it any other way. Commissioner Allen: I see. Is this any -- is this a significant change from Part F services that Part G is providing? Mr. Fernandez: Part G is something totally different. Commissioner Allen: It's -- Mr. Fernandez: Had we have gone into contract successfully at the Commission meeting in February, we would have had somebody on board, either the same company or a new one that could have transitioned these services, but because we don't, the Federal government doesn't really care that we don't have one, and we have to have somebody to turn the work around, or we will miss the compliance date, and we would basically be turned away from applying for any Federal Homeland Security funding if we don't comply with the NIMS by '05 September and '06 September, the interim requirements. Commissioner Allen: Right, OK. Now, having said that -- and I'll just end and I'll turn it over to the Chairman. All right. We are extending this contract, effectively, I guess an additional 150 days, according to -- Mr. Fernandez: You initially gave us -- Commissioner Allen: -- the timeline. Mr. Fernandez: -- 90, without any funding. Commissioner Allen: Right. City ofMiami Page 12 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Mr. Fernandez: And now, because it's taken us -- Commissioner Allen: Right. Mr. Fernandez: -- almost three months of City process, we need another 90. Commissioner Allen: Right, so this was -- so there's a short period of -- I'm sorry, so there's a -- Mr. Fernandez: Right. You gave us 60 at the last Commission meeting, and -- Commissioner Allen: Right, we gave you 60 -- Mr. Fernandez: -- now we're asking 90. Commissioner Allen: -- and now we're adding another 90; that's a total of 150, so it appears to me that that's a short window, period of time, whatever, these services of deliveries that you guys got to comply with, so why would it constitute a 35 percent increase? I'm just puzzled. I mean, why not a 20 percent increase? I mean -- I don't want to get in -- Mr. Fernandez: Well, there's -- Commissioner Allen: -- micromanage and get into your negotiations. I'm just -- I just need to know for my own sake. I mean, is that reasonable -- Mr. Fernandez: I can tell you -- Commissioner Allen: -- compared to -- Mr. Fernandez: -- as the contract manager, one, the services come in way below any of the other competing entities, in part, because it's not a mega company, and there isn't a lot of layer, so that's a value to us. Commissioner Allen: Right. Mr. Fernandez: But, also, the big number that you're seeing in a short period of time is because, it's not for the City ofMiami; we're the stewards, and we benefit as being the prime, but we're taking care of a hundred municipal and county jurisdictions with this money, and we have a responsibility to them, so it's a big number because it's not just for us; it's for a hundred municipal and county governments and their respective training. That's why it's such a big number. Commissioner Allen: So you feel pretty -- Mr. Fernandez: I feel -- Commissioner Allen: -- good about the market. Mr. Fernandez: --100 percent confident. Commissioner Allen: The unit price is the market price -- Mr. Fernandez: Yes. Commissioner Allen: -- of these services? City ofMiami Page 13 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Mr. Fernandez: The numbers have always been a great value to date. Commissioner Allen: All right. That's it for me, Mr. Chairman. Chairman Sanchez: All right. Mr. -- Vice Chairman Gonzalez. Vice Chairman Gonzalez: Well, you -- actually, Commissioner Allen asked most of the questions that I had, but why are we taking care of all of these towns? Why are we responsible for to do that with our own money? Joe Arriola (City Manager): Let me go into this one, Commissioner. When the Homeland Defense sent this grant to us, we fought very hard to be the recipient of the grant. In other words, because of this, we control our own destiny. One of the things that we have to do is we had to share this money and the responsibility with all the other county, but by doing that, we actually control the money and the destiny of the money. The last thing you would want is for this money to go to Dade County, because then we would get shafted, like it happens all the time. This way we control it, and we, you know, disperse the money to Monroe County, Dade County, Broward County, and a little bit to -- no, we didn't move -- give any -- Mr. Fernandez: Palm Beach is not in. Mr. Arriola: -- Palm Beach money. Originally, we had two choices; the County would do it, and you know what happens when the County gets the money, or the State would do it. If the State does it, they automatically take 20 percent off the top for adminisfration, so instead of us getting the money for adminisfration, they would get it, so that's why we administering this whole process, and it's totally -- I mean, it doesn't cost us any money. The Federal government pays for all our expenses on this and then some, so it's better for us to manage it than let somebody else manage it, and then we end up in the short end of the deal, so that's -- it was the decision we made, for us to manage the process. They would pay for the management of the process, but we control our own destiny instead of letting Dade County or the State keep all the money. That's the only reason we're involved in it. Chairman Sanchez: Any -- Vice Chairman Gonzalez: All right. Chairman Sanchez: -- other questions on the item? Vice Chairman Gonzalez: Do you foresee this being the last proposition for additional monies for this company -- Mr. Arriola: The -- Mr. Fernandez: I would -- Vice Chairman Gonzalez: -- without an RFP (Request for Proposals) or without, you know -- Mr. Arriola: No, no. We have it out in the street now. Chairman Sanchez: As an RFP. Mr. Arriola: It's out. Vice Chairman Gonzalez: Huh? City ofMiami Page 14 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: There's an RFP out. Mr. Arriola: Yes, it's out. Glenn will tell you when we're opening all the bids, and I'm not sure - Glenn Marcos: Glenn Marcos, Purchasing director. We do currently have a Request for Qualifications out on the street, and it's due June 1, which is next week, so shortly thereafter, we should be negotiating a contract, and we should be phasing in this current contract onto the new contract. Chairman Sanchez: All right. Any other questions on the item? Gentlemen, I believe that you've justified the extension on the record. Commissioner Allen: Right. Chairman Sanchez: All right. We need a motion. Commissioner Winton: So move. Chairman Sanchez: There's a motion by Commissioner Winton. Need a second. Commissioner Regalado: Second. Chairman Sanchez: Second by Commissioner Regalado. Open for discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and that takes care of the consent agenda. CA.10 05-00432 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Fire -Rescue OF HARRISON UNIFORMS, RECEIVED ON MARCH 28, 2005, PURSUANT TO INVITATION FOR BIDS NO. 03-04-165, FOR THE PROCUREMENT OF UNIFORMS AND SAFETY SHOES, FOR THE DEPARTMENT OF FIRE -RESCUE, ON AN AS -NEEDED CONTRACT BASIS, FOR A TWO (2) YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT AN ESTIMATED AMOUNT NOT TO EXCEED $100,000, FOR THE CURRENT FISCAL YEAR 2004-2005 AND AT AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED $160,000, FOR THE REMAINING FISCAL YEARS, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $580,000; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $100,000, FOR THE CURRENT FISCAL YEAR 2004-2005, FROM THE DEPARTMENT OF FIRE -RESCUE GENERAL OPERATING BUDGET, ACCOUNT NO. 01000.280601.6.075, WITH FUTURE FISCAL YEAR FUNDING, SUBJECT ONLY TO BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S) FOR SAID PURPOSE. City ofMiami Page 15 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 05-00432-resolution.pdf 05-00432-summary form.pdf 05-00432-award form.pdf 05-00432-tabulation of bids.pdf 05-00432-bid security list.pdf This Matter was ADOPTED on the Consent Agenda. R-05-0327 CA.11 05-00433 RESOLUTION Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Waste OF ENVIRONMENTAL PRODUCTS OF FLORIDA, RECEIVED ON MARCH 23, 2005, PURSUANT TO INVITATION FOR BIDS NO. 04-05-025, FOR THE PURCHASE OF SIX (6) ELGIN PELICAN SE STREET SWEEPERS, FOR THE DEPARTMENT OF SOLID WASTE, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $726,420; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 353018.329401.6.840-B73205. 05-00433-resolution.pdf 05-00433-summary form.pdf 05-00433-award form.pdf 05-00433-tabulation of bids.pdf 05-00433-bid security list.pdf 05-00433-equipment history.pdf 05-00433-heavy equipment plan.pdf 05-00433-city letter.pdf 05-00433-bid response form.pdf 05-00433-occupational license. pdf 05-00433-wa rra nty. pd f 05-00433-addendum 1. pdf 05-00433-elgin.pdf 05-00433-funding breakdown.pdf This Matter was ADOPTED on the Consent Agenda. R-05-0328 CA.12 05-00434 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PURCHASE OF JANITORIAL SUPPLIES AND RELATED SERVICES, FROM ZEP MANUFACTURING COMPANY, UTILIZING AN EXISTING AGREEMENT FROM US COMMUNITIES GOVERNMENT PURCHASING ALLIANCE, COUNTY OF ALLEGHENY, PENNSYLVANIA, PURSUANT TO REQUEST FOR PROPOSALS NO. 5217, ON AN AS -NEEDED BASIS, FOR AN EFFECTIVE CONTRACTUAL PERIOD THROUGH JANUARY 6, 2006, WITH OPTIONS TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, SUBJECT TO ANY FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY US COMMUNITIES GOVERNMENT PURCHASING ALLIANCE, COUNTY OF ALLEGHENY, PENNSYLVANIA, FOR THE DEPARTMENT OF PURCHASING TO BE UTILIZED CITYWIDE, AT AN ESTIMATED ANNUAL AMOUNT OF $60,000; ALLOCATING FUNDS FROM City ofMiami Page 16 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 CA.13 05-00435 Department of Purchasing CA.14 05-00436 Department of Conferences, Conventions and Public Facilities THE CURRENT FISCAL YEAR 2004-2005 OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS AND AGENCIES, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL AT THE TIME OF NEED. 05-00434-resolution.pdf 05-00434-summary form.pdf 05-00434-RFP.pdf 05-00434-RFP attachment A.pdf 05-00434-RFP attachment B.pdf 05-00434-RFP attachment C.pdf 05-00434-RFP attachment D.pdf 05-00434-RFP attachment I.pdf 05-00434-master purchase agreement.pdf 05-00434-master purchase agreement A.pdf 05-00434-master purchase agreement B.pdf 05-00434-master purchase agreement C.pdf 05-00434-master purchase agreement D.pdf This Matter was ADOPTED on the Consent Agenda. R-05-0329 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF VARIOUS VENDORS, RECEIVED ON MARCH 21, 2005, PURSUANT TO INVITATION FOR BIDS NO. 04-05-023, FOR THE PURCHASE OF GARBAGE BAGS AND LINERS, FOR THE DEPARTMENT OF PURCHASING TO BE UTILIZED CITYWIDE, ON AN AS -NEEDED CONTRACT BASIS, FOR A TWO (2) YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, AT AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED $50,000, FOR AN ESTIMATED TOTAL CONTRACT AMOUNT NOT TO EXCEED $200,000; ALLOCATING FUNDS FROM THE CURRENT FISCAL YEAR'S OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS AND AGENCIES, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL AT THE TIME OF NEED. 05-00435-resolution.pdf 05-00435-summary form.pdf 05-00435-award sheet.pdf 05-00435-tabulation sheet.pdf 05-00435-bid security list.pdf This Matter was ADOPTED on the Consent Agenda. R-05-0330 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING RESOLUTION NO. 05-0205, ADOPTED MARCH 24, 2005, THAT AUTHORIZED THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM, City ofMiami Page 17 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 CA.15 05-00437 Department of Parks and Recreation BY ATTACHING THE FORM SPECIFIED BY RULE 66B-2 OF THE FLORIDA ADMINISTRATIVE CODE FOR GRANTS ENTITLED "ATTACHMENT E-6, RESOLUTION FOR ASSISTANCE UNDER THE FIND WATERWAYS ASSISTANCE PROGRAM." 05-00436-resolution.pdf 05-00436-Exh i bit. pdf 05-00436-summary form.pdf 05-00436-FIND.pdf 05-00436-application review.pdf 05-00436-substitute item.pdf 05-00436-certified copy.pdf 05-00436-pre resolution.pdf 05-00436-table of contents.pdf 05-00436-attachment A.pdf 05-00436-attachment B.pdf 05-00436-attachment C.pdf 05-00436-attachment D.pdf 05-00436-application package.pdf 05-00436-attachment E.pdf This Matter was ADOPTED on the Consent Agenda. R-05-0331 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING RESOLUTION NO. 05-0144, ADOPTED MARCH 10, 2005, THAT AUTHORIZED THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM, BY ATTACHING THE FORM SPECIFIED BY RULE 66B-2 OF THE FLORIDA ADMINISTRATIVE CODE FOR GRANTS ENTITLED "ATTACHMENT E-6, RESOLUTION FOR ASSISTANCE UNDER THE FIND WATERWAYS ASSISTANCE PROGRAM." 05-00437-resolution.pdf 05-00437-Exhibit. pdf 05-00437-summary form.pdf 05-00437-pre resolution.pdf 05-00437-waterway assistance.pdf 05-00437-attachment. pdf 05-00437-diagram. pdf 05-00437-attachment El .pdf 05-00437-attachment E2.pdf 05-00437-attachment E3.pdf 05-00437-attachment E4.pdf 05-00437-attachment E4a.pdf 05-00437-attachment E5.pdf This Matter was ADOPTED on the Consent Agenda. R-05-0332 City ofMiami Page 18 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 CA.16 05-00438 Department of Parks and Recreation CA.17 05-00448 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF SUPERIOR LANDSCAPING, RECEIVED ON FEBRUARY 23, 2005, PURSUANT TO INVITATION FOR BIDS NO. 04-05-016, FOR THE PURCHASE AND INSTALLATION OF IRRIGATION SYSTEMS AT VARIOUS CITY OF MIAMI ("CITY") PARKS, FOR THE CITY'S DEPARTMENT OF PARKS AND RECREATION, AT AN AMOUNT NOT TO EXCEED $62,300, FOR DOUGLAS AND WILLIAMS PARKS; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $26,500, FOR FISCAL YEAR 2004-2005, FROM THE SAFE NEIGHBORHOOD PARK BOND, ACCOUNT CODE NO. 333102.589305.6.860 AND AN AMOUNT NOT TO EXCEED $35,800, FROM THE HOMELAND FUNDS, ACCOUNT CODE NO. 331419.589307.6.860; FURTHER ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $36,875, FOR CORAL GATE AND GIBSON PARKS, FROM AN ACCOUNT TO BE IDENTIFIED BY THE CITY MANAGER, SUBJECT ONLY TO BUDGETARY APPROVAL. 05-00438-resolution.pdf 05-00438-summary form.pdf 05-00438-award form.pdf 05-00438-tabulation of bids.pdf 05-00438-bid security list.pdf This Matter was ADOPTED on the Consent Agenda. R-05-0333 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY DONNA DENARD, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $65,000 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 DONNA DENARD VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 01-02115 CA (01), UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.651. 05-00448-resolution.pdf 05-00448-cover memo.pdf 05-00448-budget.pdf This Matter was ADOPTED on the Consent Agenda. R-05-0334 Chairman Sanchez: All right. We go to consent agenda. We have 17 items on the consent agenda. As we always do, we allow the City Manager to pull any of the items, and then we go to the City Attorney, and then we come to the Commission to pull any of the items for the purpose of discussion. The remaining items that'll stay on the agenda, we'll vote on, and then we'll, City ofMiami Page 19 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 independently, discuss the items that have been pulled. Mr. City Attorney -- Mr. City Manager, do you have an item to pull? Joe Arriola (City Manager): No. Chairman Sanchez: Mr. City Attorney? Jorge L. Fernandez (City Attorney): No. Chairman Sanchez: Commissioner Allen? Commissioner Allen: Yes, I do, Mr. Chairman. This will be CA.9 for discussion purposes, please. Chairman Sanchez: CA.9 has been pulled for the purpose of discussion. Is there -- Commissioner -- Vice Chairman Gonzalez? Vice Chairman Gonzalez: I'll second -- I don't have to second it. No. I just wanted to pull CA.9, also. Chairman Sanchez: All right, CA.9. Apparently, CA.9 is a popular item today. Commissioner Regalado? Commissioner Regalado: No, no. Chairman Sanchez: No item? Commissioner Regalado: No. Chairman Sanchez: Commissioner Winton? Commissioner Winton: No. Chairman Sanchez: All right, and I don't believe -- that's the only one that I have, too, to pull for discussion, so is there a motion to approve the remaining items that are on the agenda, on the consent agenda? Commissioner Winton: So move. Chairman Sanchez: There's a motion by Commissioner Winton. Is there a second? Vice Chairman Gonzalez: Second. Commissioner Allen: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. It is open for discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Consent agenda has been approved. Adopted the Consent Agenda City ofMiami Page 20 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, to ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 VICE CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON D2.1 05-00469 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") BY SETTING FORTH REMOVAL AND TERM LIMITS PROVISIONS OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 05-00469-ordinance SR.pdf 05-00469-cover memo SR.pdf 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: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: We go now to the Mayor. I believe the Mayor doesn't have any items; therefore, we'll go to the Vice Chairman, Angel Gonzalez, on district items. Commissioner, do you have any district items? Vice Chairman Gonzalez: No, I don't have any. Chairman Sanchez: All right. Well go to Commissioner Johnny Winton, who's got a couple of them. Commissioner Winton: The first item is an item on appointees to boards, and the revised language is in here, butt would like to make a change in this language that's before us, and it says here -- the change is that -- the principal change is a change that would allow the Commission, or the individual Commissioners -- and here's where I'm going to make a change -- to remove a board member that we've appointed, if we want to remove a board member, before their term's up, and that's what this says, but what I want to change, and it says here "in his or her sole discretion, " which would be ours, and I don't -- I didn't intend for it to be at our sole discretion. We vote for members, in the first place. I think we ought to vote -- Chairman Sanchez: What about -- City ofMiami Page 21 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Winton: If a Commissioner wants to remove a person from a board, it ought to come before the Commission and we vote on it, and that's the change that I would like to introduce to this resolution, but otherwise, it's self-explanatory. Chairman Sanchez: So, in other words, appointment would be approved by the Commission, and to remove them, you would require a supportive vote from the Commission -- Commissioner Winton: Bingo. Chairman Sanchez: -- to remove the subject -- Commissioner Winton: Right. Chairman Sanchez: All right. Would you like to just go ahead and state that on the record, and we'll -- and then you can make a motion. Commissioner Winton: I'm sorry. Yes, I would so move. Chairman Sanchez: All right. Vice Chairman Gonzalez: Second. Commissioner Winton: Modified -- Chairman Sanchez: There is a -- Commissioner Winton: -- resolution. Chairman Sanchez: -- motion and a second. The legislation has been amended, as stated by Commissioner Winton, that is, they're voted in; they should be voted out by the Commission to be removed from the board. Any discussion on that item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right -- Priscilla A. Thompson (City Clerk): I'm sorry. Chairman Sanchez: I'm sorry. It's an ordinance. I apologize. Commissioner Winton: Oh. Jorge L. Fernandez (City Attorney): It's an ordinance. Chairman Sanchez: It's an ordinance. Mr. City Attorney, could you read the ordinance? It's an ordinance on first reading, and before we do that, it's open to the public. Well, before we open it to the public, Commissioner Regalado, I believe you want to discuss it. Yes. Commissioner Regalado: OK. I just want to thank Commissioner Winton for changing the wording on that, because I always thought that the public deserves to know, if there is a reason that a person should be removed, and if we voted for that person, we should take the responsibility and vote to remove that person, so I do not have any problems, at all. I think the Commissioners have the right to -- they serve -- these people serve at their pleasure, but the people should know, and this is why I am supporting this ordinance, as it is amended now. City ofMiami Page 22 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: All right. It is an ordinance on first reading. It requires a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing portion is closed, coming back to the Commission. It has been discussed. There is a motion and a second. Mr. City Attorney, read the ordinance into the record. Madam Clerk, roll call. Mr. Fernandez: Yes, Mr. Chairman. Just to make sure that the record is complete, it's actually a very small amendment to Section 2-885, and then the reading goes like this: "The terms of office of the members of each board shall be one year, or until the nominating Commissioner leaves office, or" -- and here is where the change comes -- "until recommended for removal at the will of the nominating Commissioner, voted upon by the members of the City Commission," and with that small amendment to the item that you have in your packet, the ordinance title reads: The Ordinance was read by title into the public record by the City Attorney. Commissioner Winton: Excuse me. Mr. Chairman. Chairman Sanchez: Yes, sir. Commissioner Winton: I left something out that is an additional change here that I think you all need to -- I'm not meaning to fry to slip something in here, but if you go to the very last section of this also, there's a section on individuals with the eight year term limitation, and as you know, currently, if you have an eight -year limitation, it takes unanimous vote of the Commission to extend that term, but someone -- the interpretation internally to the City is that if we vote to extend that eight -year term, the clock goes back to zero, and I don't like the idea of the clock going back to zero. I think, once you hit eight years, it ought to be -- when you come up annually for review, it ought to be a unanimous vote again, and the eight -year limit ought to just stay in place. You shouldn't be able to get eight years, and if we say yes one time, you start over for eight years, and so this changes that so that you can't go back to zero, and I just wanted to make sure that everybody's focused on that also. I didn't want to slip -- Vice Chairman Gonzalez: Yeah. Commissioner Winton: -- something in here. Mr. Fernandez: Correct, and that's stated appropriately in the second -- Commissioner Winton: Yeah. Mr. Fernandez: -- page of what's in your item, and that's -- Chairman Sanchez: All right. Mr. Fernandez: -- and ad -- change. Chairman Sanchez: It is on the record. Vice Chairman Gonzalez: I have a question. Chairman Sanchez: Vice Chairman Gonzalez. Vice Chairman Gonzalez: Yes, I do have a question. On this change, the removal -- will any Commissioner be allowed to remove any other Commissioner's appointee -- City ofMiami Page 23 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Winton: No. Vice Chairman Gonzalez: -- or just your own -- Commissioner Winton: Just your own appointees. Vice Chairman Gonzalez: -- appointee? Mr. Fernandez: Just yours. Vice Chairman Gonzalez: Right, no problem. Commissioner Winton: No, we can't go messing with somebody else's appointees. Chairman Sanchez: All right. I believe the ordinance has been read into the record. Madam Clerk, roll call. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Vice Chairman Gonzalez? Vice Chairman Gonzalez: Yes, ma'am. Ms. Thompson: Commissioner Allen? Chairman Sanchez: Commissioner Allen is in the room; therefore, he qualifies to vote. Commissioner Allen: Mr. Chairman, yes. Chairman Sanchez: Yes. He votes "yes." Ms. Thompson: Thank you. Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: Chairman Sanchez? Chairman Sanchez: Yes. Ms. Thompson: The ordinance has been passed on first reading, 5/0. D2.2 05-00470 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE PURSUANT TO SECTIONS 2-1251(1)(B) AND 35-221(A)(6) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE DISBURSEMENT OF MATCHING FUNDS IN THE AMOUNT OF $100,000, FROM THE COCONUT GROVE BUSINESS DISTRICT IMPROVEMENT TRUST FUND, ACCOUNT NO. 0172770906, IN SUPPORT OF THE 2005 SUMMER DESTINATION MARKETING CAMPAIGN IN CONJUNCTION WITH THE GREATER MIAMI CONVENTION AND VISITORS BUREAU AND THE LOCAL COCONUT GROVE HOTELS; AUTHORIZING AND DIRECTING THE DEPARTMENT OF OFF-STREET City ofMiami Page 24 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 PARKING TO DISBURSE SAID FUNDS FOR SAID PURPOSE. 05-00470-resolution.pdf 05-00470-letter.pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0336 Chairman Sanchez: All right. We go to D2.2. It's a resolution. Commissioner Winton. Commissioner Winton: This is a disbursement of match -- this is the Coconut Grove BIC (Business Improvement Committee) again, and you'll see more and more stuff because it's finally active, and they're really doing things. "Disbursement of matching funds in the amount of $100, 000 from the Coconut Grove Business District Improvement Trust Fund in support of the 2005 Summer Destination Marketing Campaign in conjunction with the Greater Miami Convention and Visitors' Bureau and the local Coconut Grove hotels, " so move. Chairman Sanchez: All right. There's a motion. Is there -- Commissioner Regalado: Second. Commissioner Winton: -- a second? Vice Chairman Gonzalez: Second. Commissioner Regalado: Second. Chairman Sanchez: There's a motion by Commissioner Winton, second by Commissioner Regalado. It is open for discussion. Hearing no discussion, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. D2.3 05-00471 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE PURSUANT TO SECTIONS 2-1251(1)(A) AND 54-343(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE DISBURSEMENT OF FUNDS IN THE AMOUNT OF $1,392, TO THE COCONUT GROVE CHAMBER OF COMMERCE FROM THE COCONUT GROVE SPECIAL EVENTS AND MARKETING FUND, ACCOUNT NO. 1000000860261, IN SUPPORT OF THE SUMMER 2005 TOURISM HOSPITALITY BOOTH IN THE COCONUT GROVE SPECIAL EVENTS DISTRICT, MIAMI, FLORIDA; AUTHORIZING AND DIRECTING THE DEPARTMENT OF OFF-STREET PARKING TO DISBURSE SAID FUNDS FOR SAID PURPOSE. 05-00471-resolution.pdf 05-00471-letter.pdf City ofMiami Page 25 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0337 Chairman Sanchez: We go to D2.3. It's also a resolution. Commissioner Winton. Commissioner Winton: Same issue, disbursement of funds in the amount of $1, 392 to the Coconut Grove Chamber of Commerce from the Coconut Grove Special Events and Marketing Committee in support of the Summer 205 [sic] -- Chairman Sanchez: Need a motion. Commissioner Winton: So move. Commissioner Allen: I move the item, Mr. Chairman. Chairman Sanchez: There's a motion by Commissioner Winton, second by Commissioner Allen. It is open for discussion. It's a resolution. It's a supplement agenda item. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition -- I'm sorry, it's not a supplement agenda. I apologize for that. Commissioner Allen: No. Right. Chairman Sanchez: I'm just going a little head of myself here. All right. There is no further discussion. 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." Hearing none, motion carries. DISTRICT 3 CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO DISTRICT 5 COMMISSIONER JEFFERY L. ALLEN City ofMiami Page 26 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 PUBLIC HEARINGS PH.1 05-00439 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THAT AN Public Works EXISTING WALL ENCROACHMENT BE PERMITTED TO REMAIN WITHIN THE DEDICATED PUBLIC RIGHT-OF-WAY OF CRAWFORD AVENUE ADJACENT TO THE SIDE OF 3730 SOLANA ROAD, MIAMI, FLORIDA, SUBJECT TO THE CONDITIONS AS SET FORTH HEREIN. 05-00439-resolution.pdf 05-00439-summary form.pdf 05-00439-public hearing.pdf 05-00439-notice of public hearing.pdf 05-00439-location map.pdf 05-00439-permit.pdf 05-00439-pre ordinance.pdf Motion by Commissioner Allen, 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-05-0346 Chairman Sanchez: Before we move on, I believe I -- we skipped two items. It was PH.1, which was a permit wall encroachment on Crawford Avenue. Let's go back to that, and then we'll do PH.2. All right. PH.1, it's a public hearing. Laura Billberry (Acting Director, Economic Development): If you'd like, since Stephanie is probably -- oh, here she comes. Never mind. Chairman Sanchez: OK. Sorry about that, Stephanie. Got you offguard. That's how we keep you in shape. Stephanie Grindell (Director, Public Works): Stephanie Grindell, director of Public Works. PH.1 is a resolution to permit a wall encroachment to remain within a dedicated public right-of-way. Commissioner Allen: I move the item. Chairman Sanchez: All right. There is a motion by Commissioner Allen. Commissioner Winton: Second. Discussion. Chairman Sanchez: Second by Commissioner Winton, for the purpose of discussion. Commissioner Winton: Explain this. Ms. Grindell: OK. Commissioner Winton: Are we in favor? Ms. Grindell: Yes. Commissioner Winton: Oh, we are. City ofMiami Page 27 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Ms. Grindell: Normally, the Code does not allow us to place an encroachment into the public right-of-way for a dedicated public right-of-way, but there is an exception, if the property owner can prove -- Chairman Sanchez: Take your time. Commissioner Allen: Take your time. Ms. Grindell: Sorry -- if the property owner can prove that the encroachment existed prior to March 24, 1983, then the Commission can vote to allow it to remain. Commissioner Winton: Oh, so it's been there for a long, long time. Ms. Grindell: Yes, it has. Commissioner Winton: The encroachment. OK. Chairman Sanchez: And the neighbors would like that wall. Ms. Grindell: The neighbors are requesting that we keep the wall in -- actually, the owner's -- Chairman Sanchez: That you keep -- Ms. Grindell: -- requesting that we keep the wall in place. Chairman Sanchez: And how about the neighbors? Ms. Grindell: We haven't heard anything from the neighbors, but we don't have any -- Commissioner Winton: And this is the Grove. Ms. Grindell: -- documented complaints. Commissioner Winton: So frust me, they would have -- Chairman Sanchez: Yeah. Commissioner Winton: -- if they're opposed -- Chairman Sanchez: All right. Commissioner Winton: -- you would know. Chairman Sanchez: All right. It's a resolution. There's a motion by Commissioner Allen, second by Commissioner Winton. It is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission for any further discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PH.2 05-00443 RESOLUTION City ofMiami Page 28 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Economic ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO DECLARE Development SURPLUS THE CITY -OWNED REAL PROPERTY LOCATED AT 779 NORTHWEST 57TH STREET, MIAMI, FLORIDA ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE SALE OF THE PROPERTY TO PROGRESSIVE VISION COMMUNITY DEVELOPMENT CORPORATION, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION TO UNDERTAKE THE DEVELOPMENT OF FOUR (4) CONDOMINIUM UNITS, AFFORDABLE TO VERY LOW, LOW AND/OR MODERATE -INCOME FAMILIES AND/OR INDIVIDUALS; FURTHER AUTHORIZING THE CITY MANAGER TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT AND ANY AMENDMENTS THERETO, AS MAY BE NECESSARY TO CONSUMMATE SUCH SALE IN AN EXPEDITIOUS MANNER. 05-00443-resolution.pdf 05-00443-exh i bit1. pdf 05-00443-exh i bitl A. pdf 05-00443-exhibitl B.pdf 05-00443-exh i bitl A2. pdf 05-00443-summary form.pdf 05-00443-memo.pdf 05-00443-notice of public hearing.pdf Motion by Commissioner Allen, 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-05-0347 Chairman Sanchez: We go to PH.2. It's also a resolution. Laura Billberry: Lori Billberry, Economic Development. This is the declaration of a property at 779 Northwest 57th Street as surplus, and authorizing execution of a purchase and sale agreement to Progressive Vision Community Development Corp., and they would be developing four condominium units on the site, and it's for affordable housing. This item was previously before the Commission back in November, and at that time, Commissioner Allen had requested an opportunity to meet with them, which they've done at this point. Chairman Sanchez: All right. We need a motion. Commissioner Allen: I'll move the item -- Commissioner Winton: Second. Commissioner Allen: -- Mr. Chairman. Chairman Sanchez: There's a motion by Commissioner Allen, second by Commissioner Winton. Before we go into a discussion on the item, it's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed at this time, coming back to the Commission for any further discussion. City ofMiami Page 29 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 10:30 A.M. Hearing none, it is a resolution. Madam Clerk, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Note for the Record: A sign language interpreter was present during Items PH.3 through PH 8. PH.3 05-00451 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF CITY OF MIAMI Development DEPARTMENT OF COMMUNITY DEVELOPMENT HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS EMERGENCY RENTAL, MORTGAGE & UTILITY ASSISTANCE PROGRAM FUNDS, IN THE TOTAL AMOUNT OF $1,000,000; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT LONG TERM RENTAL ASSISTANCE PROGRAM. 05-00451-resolution.pdf 05-00451-exh i bit. pdf 05-00451-summary form.pdf 05-00451-public notice.pdf 05-00451-pre resolution.pdf 05-00451-attachment A.pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0338 Chairman Sanchez: All right. We move on to -- do we have -- the interpreter's ready? Priscilla A. Thompson (City Clerk): Yes. Chairman Sanchez: OK. It is past 10:30, so it has been properly advertised, and those are the items PH.3 through PH8, so Barbara, you have the floor on those items. Those are CDBG (Community Development Block Grant) items. Barbara Gomez -Rodriguez-: Barbara Rodriguez, Department of Community Development. PH.3 is requesting the transfer of $1 million from the City Emergency Rental and Mortgage Utility Assistance Program to the Long -Term Housing program, and that's basically to pay landlords. Commissioner Winton: So move. Chairman Sanchez: All right. Commissioner Winton: Oh, public hearing. Chairman Sanchez: It is a public hearing. There is -- well, I need a motion. Is there a second? City ofMiami Page 30 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 PH.4 05-00452 Department of Community Development Vice Chairman Gonzalez: Second. Commissioner Regalado: Second. Chairman Sanchez: Motion is made by Commissioner Winton, second by Commissioner Regalado. Before we open it up for discussion, it is a public hearing, requiring public input. Anyone from the public wishing to address this legislative body, please step forward and be recognized. Seeing none, hearing none, on the record, the public hearing is closed. We come back to the Commission for any discussion on the item. Hearing none, it is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 30TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME FUNDS, IN THE TOTAL AMOUNT OF $56,000; ALLOCATING SAID FUNDS, TO JOSEFA PEREZ DE CASTANO KIDNEY FOUNDATION, INC., IN THE AMOUNT OF $6,000 AND TO THE LIBERTY CITY OPTIMIST CLUB OF FLORIDA, INC., IN THE AMOUNT OF $50,000, TO CONTINUE TO PROVIDE PUBLIC SERVICE ACTIVITIES, AS SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO THE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH SAID AGENCIES FOR SAID PURPOSES. 05-00452-resolution.pdf 05-00452-exh i bitl .pdf 05-00452-exh i bit2. pdf 05-00452-exh ibit2B. pdf 05-00452-exhibit2C.pdf 05-00452-exh i bit3. pdf 05-00452-exh ibit3B. pdf 05-00452-exhibit3C.pdf 05-00452-summary form.pdf 05-00452-public notice.pdf 05-00452-pre resolution.pdf 05-00452-attachment A.pdf 05-00452-attachment B.pdf 05-00452-social program agreement.pdf 05-00452-amendmentl .pdf 05-00452-amendmentl B.pdf 05-00452-amendmentl C.pdf 05-00452-social program agreement2.pdf 05-00452-josefa perez resolution.pdf 05-00452-social program agreement2B.pdf 05-00452-social program agreement2C.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen City ofMiami Page 31 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 PH.5 05-00453 Department of Community Development R-05-0339 Vice Chairman Gonzalez: Move PH 4. Chairman Sanchez: Well, PH 4, before we move it, let's go ahead and put something on the record, and then there's a motion already made. Barbara Gomez -Rodriguez (Director, Community Development): PH 4 is transferring $56, 000 of program income; $6, 000 to Josefa Perez de Castano Kidney Foundation, Inc., and $50, 000 to the Liberty City Optimist Clubs of Florida, Inc. Chairman Sanchez: All right. There is a motion by Vice Chairman Gonzalez. We need a second. Commissioner Regalado: Second. Chairman Sanchez: Second by Commissioner Regalado. Under discussion. Commissioner Winton. Commissioner Winton: How -- there's a lot of agencies out there. How did these two get picked? Ms. Gomez -Rodriguez: These were agencies that we've been working with them. One of them is because they do -- in the case ofJosefa de Castano, she's one of the agencies that do transportation service for people with dialysis, and we know that the gasoline had been going up. They weren't able to transport the people that they had. Commissioner Winton: OK. Ms. Gomez -Rodriguez: On the reference of Liberty City Optimist, they were one of the agency that got really reduced funding last year. They weren't able to operate their summer program, so we've been working with them for quite some time. We do get requests through agencies throughout the year, and we try to see if we can accommodate them throughout the year. Chairman Sanchez: All right. It is a public hearing. At which time, the public hearing portion is open. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission for any further discussion. Hearing none, it is a resolution, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 30TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME FUNDS, IN THE TOTAL AMOUNT OF $300,000; ALLOCATING SAID FUNDS TO IDS, INC./MIAMI HORIZON PROJECT UNDER SPECIAL ECONOMIC DEVELOPMENT ACTIVITIES WHICH INCLUDE THE DEVELOPMENT OF A MEDICAL AND URGENT CARE CENTER AND THE CREATION OF 30 NEW JOBS FOR CITY OF MIAMI RESIDENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY FOR SAID PURPOSE. City ofMiami Page 32 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 05-00453-resolution.pdf 05-00453-exhibitl .pdf 05-00453-exh i bit2. pdf 05-00453-summary form.pdf 05-00453-public notice.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0340 Chairman Sanchez: We go to PH.5. Barbara Gomez -Rodriguez (Director, Community Development): PH.5 is transferring program income of $300, 000, and this is a case that we've been working with for two years. It's to create 30 new jobs for City ofMiami resident, and it's going to be the Medical and Urgent Care Center at Victoria Medical Building, and it's basically going to be going to IDS, Inc, and Miami Horizon project, and it will create 30 new jobs for the City ofMiami residents. Chairman Sanchez: What type of -- Vice Chairman Gonzalez: Move PH.5. Chairman Sanchez: All right. There's a motion -- Commissioner Winton: Second. Chairman Sanchez: -- by Vice Chairman Gonzalez. Commissioner Regalado: Second. Chairman Sanchez: Second by Commissioner Winton. Under discussion. Before we open it up to the public hearing, what kind of service will they be providing to the community? Ms. Gomez -Rodriguez: This is basically -- even though that our concern is the jobs, but it's also going to be working with people with AIDS (Acquired Immunodeficiency Syndrome). Chairman Sanchez: There you go, and it's important to say that. Under discussion, I just want to take the opportunity -- this is in my district. Ms. Gomez -Rodriguez: Correct. Chairman Sanchez: And it's an area that, have you seen, has been revitalized. In the Victoria Hospital area, there's a lot of not only opportunity for employment, there are also a lot of opportunity for a lot of people that, without jobs, may not have the opportunities that are provided for them, and I just want to take this opportunity to thank Barbara, and thank all those who have labored so hard to make this happen, and above all, to showcase the dire need that we have to help those that are less fortunate than we are, and those that are sick with HIV (Human Immunodeficiency Virus) in our community, not only in Little Havana, but in South Florida, as you know, the numbers continue to rise. There is a dire need, not only for medicine and services, but also for housing with people with HIV, so therefore, this is something that we could all be very proud of to bring to Little Havana, and the City, and itself not to mention the 30 new jobs, as we continue to lower unemployment rate from 11 percent to almost 5 percent in Miami, so once again, thank you so much, and at this time, we'll open it up to the public. Is there anyone from the public wishing to address this item? It is a public hearing. Seeing none, hearing none, City ofMiami Page 33 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 PH.6 05-00457 Department of Community Development at this time, we'll close the public hearing, coming back to the Commission. Any further discussion on this item? None. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MICRO -BUSINESS USA, PURSUANT TO RESOLUTION NO. 04-0687, ADOPTED OCTOBER 14, 2004, TO PROVIDE ADMINISTRATIVE SERVICES FOR AN INDIVIDUAL DEVELOPMENT ACCOUNT PROGRAM IMPLEMENTED BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT, FOR A TWO-YEAR PERIOD. 05-00457-resolution.pdf 05-00457-exhibitl .pdf 05-00457-exh i bitl A. pdf 05-00457-summary form.pdf 05-00457-public notice.pdf 05-00457-pre resolution.pdf 05-00457-attachment. pdf Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0341 Chairman Sanchez: And we move to PH.6. Barbara Gomez -Rodriguez (Director, Community Development): PH.6 is a correction. This was a resolution that was adopted October 14, 2004, and it was providing $400, 000 from the Mayor's Poverty Initiative Fund to Micro Business USA, and basically, it's being transferred to the Department of Community Development to ongoing services, and it did have some corrections to the reso (resolution). Commissioner Regalado: Move it. Chairman Sanchez: All right. There is a motion on PH.6 -- Commissioner Winton: Second. Chairman Sanchez: -- which is a resolution, by Commissioner Regalado. It is second by Commissioner Winton. Before we open it for discussion to the Commissioners, let's go ahead and open up the public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed at this time, coming back to the Commission for any further discussion. Hearing no discussion on the item, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, it City ofMiami Page 34 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 PH.7 05-00458 Department of Community Development passes unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, AS SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED, IN THE AMOUNT OF $1,500,000; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF CAPITAL IMPROVEMENT PROJECTS FOR CAPITAL IMPROVEMENT ACTIVITIES, AS SPECIFIED IN SAID ATTACHMENT, FOR THE MODEL CITY -FLORAL PARK STREET IMPROVEMENT PROJECT. 05-00458-resolution.pdf 05-00458-exh i bitA. pdf 05-00458-exh i bitl .pdf 05-00458-summary form.pdf 05-00458-public notice.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-05-0342 Chairman Sanchez: We go to PH.7. Barbara Gomez -Rodriguez (Director, Community Development): PH.7 is transferring a variety of funds -- contracts that we're closing. The City ofMiami 29th Year commercial facade, 30,538.98; the Department of CIP (Capital Improvement Program), Manuel Artime Community Center, 31,000; Manual Artime Community Center, 95,230; Black Economic Development Coalition, Inc., $40, 000; Catholic Charities ofArchdiocese, $20, 000; Rafael Hernandez, $100, 000, and future program income, 1,183,231.02, for a total of a million five, and it is to fund a capital improvement project in the Model City -Floral Park Street Improvement project, which boundaries are Northwest 40 Street, Northwest 43rd Street, Northwest 19th Avenue, and Northwest 17th Avenue. Chairman Sanchez: All right. Is there a motion, because this item -- Commissioner Winton: So moved. Chairman Sanchez: -- is going to be discussed? Vice Chairman Gonzalez: I have discussion. Chairman Sanchez: OK. We need a motion and a second -- Commissioner Winton: Move. Chairman Sanchez: -- for the purpose of discussion. There is a motion by Commissioner Winton. We need a second for the purpose -- Vice Chairman Gonzalez: Second for discussion. Chairman Sanchez: -- of discussion. There is -- Vice Chairman Gonzalez has second the item for the purpose of discussion, and therefore, Vice Chairman Gonzalez, you're recognized for the City ofMiami Page 35 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 purpose of discussion. Vice Chairman Gonzalez: Barbara, I have a question in reference to -- on your backup material. There is $300, 000 -- right here --Allapattah Development, LLC. Ms. Gomez -Rodriguez: No, that's not that item. It's PH.8. We're doing PH 7. Vice Chairman Gonzalez: This is PH.8? Commissioner Allen: Yeah. Ms. Gomez -Rodriguez: We're doing PH 7. Chairman Sanchez: All right, OK OK, on PH 7, I have another question. We were supposed to start this year the Allapattah Homeownership Zone, to start funding the homeownership zone in Allapattah. When do you foresee that we're going to start doing that? Ms. Gomez -Rodriguez: We can start doing that one this year, and it will be from HOME (Home Investment Partnership Program) funding, not CDBG (Community Development Block Grant). Vice Chairman Gonzalez: OK, but you still have that -- Ms. Gomez -Rodriguez: Yes. Vice Chairman Gonzalez: -- in your consideration? Ms. Gomez -Rodriguez: Yes. Vice Chairman Gonzalez: For this year? Ms. Gomez -Rodriguez: Yes. Vice Chairman Gonzalez: All right. Commissioner Regalado: Mr. Chairman, I have a -- Chairman Sanchez: Commissioner Regalado, you're recognized. Commissioner Regalado: Is -- this 1.5 million is not including the other agencies you mentioned. This 1.5 is a different funding from the -- Ms. Gomez -Rodriguez: We are taking awayfrom -- Commissioner Regalado: --Artime -- Ms. Gomez -Rodriguez: -- all of those agencies -- Commissioner Regalado: Oh, you're taking away to -- Ms. Gomez -Rodriguez: -- plus 1.1 of program income as the attachment say, and transferring it to the Department of CIP (Capital Improvement Programs) for the project. Commissioner Regalado: So you're taking away from these projects to fund CIP. This program income, you have it in your hand already -- City ofMiami Page 36 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Ms. Gomez -Rodriguez: This is future program income. Commissioner Regalado: This is future program income. Ms. Gomez -Rodriguez: Correct. Commissioner Regalado: So if we were to need some emergency funding from program income, we won't be able to? Ms. Gomez -Rodriguez: You would have to wait until I fund the million one, and then any additional money at that time. Commissioner Regalado: And when was -- when would that be? Ms. Gomez -Rodriguez: It will depend. If we have a good quarter, it could be six months from now, a year from now. I couldn't tell you. Program income is generated by people that are paying loans. Commissioner Regalado: No, I understand that -- Ms. Gomez -Rodriguez: Right. Commissioner Regalado: -- but what I don't understand is we're concentrating all the future program income in one project, just one project. Ms. Gomez -Rodriguez: Mary, you want to explain? Joe Arriola (City Manager): No, no, no. Commissioner Allen: There's some background to this, right? Mr. Arriola: It's got nothing to do with Mary. What he's really asking you, if you're taking all your program income for this, I think you need to explain to him, as the money comes in, you'll be able to fund -- Ms. Gomez -Rodriguez: Well, I think that there's two issues. One is that this was a commitment that it goes back to a year and a half. When Model City had to pay back HUD (Department of Housing and Urban Development) the million eight, they went and they borrowed this money from Homeland Defense Bond, and at that time, we made a commitment that the project that that money should had gone to was going to be done, so in reality, we are just going back and paying for that amount of money in projects in the Floral Park area. Commissioner Regalado: But who made the commitment? I didn't. Ms. Gomez -Rodriguez: Well, it did come to the City Commission, so it did. There is a resolution, 03-479, that was adopted May 8, 2003, that authorized the use of bond proceeds to repay the $1.8 million that was disallowed by HUD, so it did come to this City Commission. Commissioner Regalado: Yeah, but that was the bond money, not -- Ms. Gomez -Rodriguez: Right, but at that -- Commissioner Regalado: -- this money. Ms. Gomez -Rodriguez: -- time, it also stated that we will be swapping the dollars with CD City ofMiami Page 37 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 (Community Development) money, so this is something that it was already agreed in 2003. Commissioner Regalado: I missed that part. Chairman Sanchez: Any discussion on the item, because I have some. Commissioner Winton: Yeah. Well, I have one -- I guess I don't quite understand now. The -- take Rafael Hernandez, which is in my district -- Ms. Gomez -Rodriguez: They said that they will not be using the money, and we have it in writing. Commissioner Winton: That's all I want to know. Chairman Sanchez: Any further discussion? Barbara, as you stated on the record, this is money that Model City had to pay back HUD. Ms. Gomez -Rodriguez: Correct. Chairman Sanchez: And it was money that was used out of the bonds, and therefore, now the money has to be replaced with CDBG funds. Ms. Gomez -Rodriguez: That's correct. Chairman Sanchez: So the $1.5 million coming out of future program income -- Ms. Gomez -Rodriguez: Not all of it;; 1.1. Chairman Sanchez: One point -- Commissioner Allen: One point one. Chairman Sanchez: That's a lot of peanuts. Ms. Gomez -Rodriguez: Right. Chairman Sanchez: OK. Would I be correct to say that a lot of those funds are coming out from all the districts in the City ofMiami -- Ms. Gomez -Rodriguez: That's correct. Chairman Sanchez: -- to replace that money? Ms. Gomez -Rodriguez: That's correct. Chairman Sanchez: OK. Now, we know that in the past -- and we have made some mistakes, some big mistakes, as to 108 loans, as to funds that have been given to agencies that have performed not up to standards, so I could be, you know, kind. Vice Chairman Gonzalez: Very polite. Chairman Sanchez: Very polite, and therefore, now we're having to take that money, money with all the need that we have throughout the entire city, just not my district, the entire city that continues to have -- although the things are getting better, we continue to have social services that continue to cry out for more money; social services that come here when budget time comes City ofMiami Page 38 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 and we have our meetings, they lined up and come in front of each and every one of us asking for money or more money to be able to maintain their programs in our community, and what we're doing here is we're taking money out of all the districts to bail an agency out that it really has had a very poor track record in the past, and not to point the finger at them because there's other agencies that is also -- have not been able to produce as well as we anticipated, but the thing that bothers me, as a Commissioner who represents a poor district, a district of need, a district that continues to cry out for assistance, is that we're taking $1.1 million to pay for the sins of others, and that's the problem that I have. Having said that, I'm very proud to say -- and although that, at times, I am the skunk at the family picnic -- that I have taken money from my community -- Ms. Gomez -Rodriguez: That's true. Chairman Sanchez: -- which have been jeopardized, because ifI don't use them, we will lose them. Instead of me being greedy and looking out for the betterment of the entire City, I've taken that money and given it to other -- Ms. Gomez -Rodriguez: You have. Chairman Sanchez: -- districts -- Ms. Gomez -Rodriguez: You have. Chairman Sanchez: -- because I've been the nice guy, and I don't mind doing that because, you know what, if, for whatever reason, we have "X" amount of funds that are going into a project and I know that, for whatever reason, we're not able to fulfill that or fulfill the regulations of HUD, and I have that money in jeopardy, I don't mind passing it on to one of my colleagues because I know that they also have a dire need in their districts, but I'll tell you what eats me alive, is to see that we're taking money from all our cities to bail out agencies that don't produce, and that we cannot allow to do. I will not allow it as a Commissioner. I will not allow it as the Chair of this Commission. I don't think this Commissioner should allow it either, and the Administration shouldn't allow it either, because you know, it's not the first time. We're having to take millions of dollars every year to pay 108 loans that have defaulted, and at the end of the day, it's not me who suffers. I do suffer because my community suffers, but it's the poor people out there that aren't getting those dollars go to them because they went some place else, and now they're being used to bail other agencies out, so there comes a time where you have to call that -- you have to cut the umbilical cord and separate, and I think the time has come to focus on all those agencies, and if they can't come up with the money, then they got to move on to better and bigger things, and that's what I -- that's what really bothers me. When I met with you and when I discussed this item and you said, "Well" -- first of all, it's future program income. Ms. Gomez -Rodriguez: Right. Chairman Sanchez: Future program income. Vice Chairman Gonzalez: We're compromising the future. Chairman Sanchez: So how can I get in front of my community -- now, the people I represent, organizations that come and they're asking me for money, and I tell them, well, you know, I wish I could help you, but right now, the future program incomes that are coming in, I got to turn it over to bail somebody out. Not the first time. Ms. Gomez -Rodriguez: That's true. Chairman Sanchez: And that's what I have a problem with. City ofMiami Page 39 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Allen: Right. AndMr. Chairman -- Vice Chairman Gonzalez: Mr. Chairman. Commissioner Allen: -- ifI may? Chairman Sanchez: Yes, sir, you're recognized. Vice Chairman Gonzalez: I -- Commissioner Allen: I'm sorry. Go ahead. Vice Chairman Gonzalez: Andl would like to expound on that. Commissioner Allen: Right. Vice Chairman Gonzalez: Barbara, could you tell me -- could you tell the audience here, and people that are watching over channel 9, could you tell me how much does a CBO (Community Based Organization) gets to do a facade? Ms. Gomez -Rodriguez: Twenty percent of whatever the cost of the facade is. Vice Chairman Gonzalez: So that means that if facade is improving a building, a commercial building, implicates $4, 000, the agency will get paid -- Ms. Gomez -Rodriguez: $800. Vice Chairman Gonzalez: -- $800? Ms. Gomez -Rodriguez: That's correct. Vice Chairman Gonzalez: And I agreed a hundred percent with (UNINTELLIGIBLE) because we go back to the same thing that was talking about a while ago, double standard on certain things. The agency in my district, the agency in my district, in order to survive, to be able to pay their own salaries, their electric bills, their rent, their insurances, all the things that are required from the City ofMiami administration have to do or are doing this year, in order to survive, they're doing 200 projects, 200 facade projects; that's only to be able to survive. Now, if they are not able to produce those 200 facades, Johnny, they will not be reimbursed by the City, and that means that they will have to fire an employee, or they won't be able to pay their rent, or they won't be able to -- and, eventually, the agency is going to have to close, so you've got some people that are conscience, you know, working very hard, doing everything they need to do in order to deserve the salary that they get paid, and to have a job, and we have other people that they don't care, because they know that, come September or come October 1, they will have their funding insured. You know, why should I work? I mean, my funding is going to be insured. My funding is going to be there. My salary is going to be here forever and ever, and this is something that has been happening for year over year over year, and the promises keep coming that "Yeah, yeah, yeah, we're going to perform. Yeah, yeah, yeah, we're going to meet the quota. Yeah, yeah, yeah, we're going to bid next year and this year and the following year and the following year," and I agree with the Chairman. I mean, we have to stand firm, and if two or three agencies in the City ofMiami are doing what they're supposed to do in order to survive and to have a job, then every agency that is funded by the City ofMiami needs to do the same thing, especially when we're using, especially when we're using general fund money. Because the monies that these agencies are getting paid for doing facade and for doing affordable housing comes from HOME (Home Investment Partnership Program) and comes from CDBG City ofMiami Page 40 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 (Community Development Block Grant). Ms. Gomez -Rodriguez: That's correct. Vice Chairman Gonzalez: Not from general fund, and if we don't change practices -- I'm telling you right now, we are about four months away from the new budget, but Mr. Manager, if you -- if we don't change practices here, I promise you, I promise you that I'm going to be advocating to get money from the general fund to support the agency in my district. I promise you that, so that's all I have to tell you. Commissioner Allen: Right, and Mr. Vice Chairman Gonzalez -- Chairman Sanchez: All right. Commissioner Allen: Just a quick comment, Mr. Chairman. After having heard what just heard, I will tell you, I've also sat down the Barbara this morning. This did sort of disturb me, but after we did our due diligence -- there's a lot of things that happened before my appointment. Vice Chairman Gonzalez: I know. Commissioner Allen: A lot of things that are just, in my opinion, indefensible, I'll be perfectly honest with you. Vice Chairman Gonzalez: We all know that. Commissioner Allen: So -- Chairman Sanchez: Commissioner Allen, ifI could just state on the record -- Commissioner Allen: Right. Chairman Sanchez: -- this has nothing -- Commissioner Allen: Right, exactly. Chairman Sanchez: -- to do with you. Commissioner Allen: Right, but to that end, be -- on the other hand, I would assume that Model City -Floral Park project, strong promises were made to those guys, as well, so it really puts us in, if you will, a conundrum. I think the best -- what we're doing now is in the best interest, right, to go forward with this, so that we can make sure that those promises are kept, those projects go forward, and clearly, this will never happen again, as long as I'm sitting here as a Commissioner, so I share your concerns and -- very much. Thank you. Chairman Sanchez: All right. Didl open up to the public? Ms. Gomez -Rodriguez: No. Chairman Sanchez: All right. At this time, I'd like to open it up to the public. Anyone from the public wishing to address this item, please step forward and be recognized. I'm surprised not to see someone here, you know, defending Model City. All right. The public hearing is closed at this time -- Commissioner Winton: Mr. Chairman. City ofMiami Page 41 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: -- coming back to the Commission. Commissioner Winton. Commissioner Winton: This project hasn't been done, yet. Ms. Gomez -Rodriguez: No. Commissioner Winton: And who's going to manage this project? Ms. Gomez -Rodriguez: CIP (Capital Improvement Project). Commissioner Winton: OK. Ms. Gomez -Rodriguez: The Department of -- Commissioner Winton: It's not going to go through the Trust; it's going to be managed by CIP, so that we've got -- Ms. Gomez -Rodriguez: It's not going to any agency. Commissioner Allen: Right. Ms. Gomez -Rodriguez: The City's handling it. Commissioner Winton: And one of the reasons that I'm in support of this particular project is because, maybe for the first time, we're seeing real housing beginning to be built in the Model Cities area. There's three or four developers now that I think are really moving -- going to be moving forward to build housing, and this is a perfect project to complement their efforts that I think will allow us to take -- and, Commissioner Sanchez, I recognize very clearly that you have a very poor district, butt would venture to say that there may be no area in worse condition in our city than this particular area around the Model City homeownership arena, because there's been so much displacement. There's -- the businesses that are still there are struggling mightily because so many people have moved out, and so if we can just take a couple of these steps; get some infrastructure stuff done there that's going to make it look good, and the developers really beginning to build housing now, we could have a dramatic impact on that neighborhood very, very quickly, because as the housing gets built, you get people who move in, who will have disposal income, and disposable then gets spent on the retailers that are struggling to survive, and it's just -- it's a constant spin-off effect that's positive, so while I'm in agreement with everyone here about the sins of the past -- and it's a shame we have to do this -- this is one of those times where I feel pretty good about doing it, and we're not going to allow it to happen in the future, so I feel pretty good that we're taking and making the right decision here. Commissioner Allen: Right. Mr. Chairman, ifI could just chime in. One last question. This observation may or may not be premature, but this is a one point five funding going to the Model City -Floral Park. That may not be enough to complete this project. I don't know what CIP has line itemed this project for, in terms of the total costs, so I'd like my fellow Commissioners to be aware that there may be additional funding that might be needed to complete this project, based on the line item allocation, and I don't know if the City Manager needs to opine on this, but -- so I don't want anyone to have a sour taste towards this project, so -- Commissioner Allen: Yeah. These projects are a lot larger than this; this is just the beginning. This is -- you know, at the end of the day, this is money that we had to spend, and we had a time limit. We were able to take this piece of this project. It fitted in perfectly. CIP did a terrific job, as you know, getting this thing ready and ready to move. Because of the new contract we have in place, we're able to use the money. This kind of -- everything fell in place, but you're right, the Floral Park project, I think, is over $4.5 million, total. This is just one piece, but we've got to get City ofMiami Page 42 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 started. Commissioner Winton: Absolutely. Commissioner Allen: OK. Chairman Sanchez: All right. Well, if it's one thing that we do have here, it's fiduciary responsibility, and I want to state on the record that ifI don't see brick, mortar, progress out there, next time it comes in front of the Commission, I will vote "no." I better see some more progress out there, OK. Having said that -- Commissioner Regalado: Mr. Chairman. Chairman Sanchez: Commissioner Regalado. Commissioner Regalado: Barbara, one question. What would happen if we don't approve this? Ms. Gomez -Rodriguez: Well, two things: One, we couldn't get the project that CIP is already ready to go, and the other thing is that we still have to pay back the bond money for the money that they borrowed to pay HUD (Department of Housing and Urban Development), so, you know, regardless, if that doesn't happen, we're still going to have to, eventually, do the project and pay back the million eight that was paid to HUD. Commissioner Regalado: So, just a credit card thing, you know; you have to pay, you have to pay; you have to pay back. Ms. Gomez -Rodriguez: Right. Commissioner Regalado: Is -- I mean, is there bond money to do this project? Mr. Arriola: No. Commissioner Allen: Yeah, that's a good question. Commissioner Allen: Right now, there's not anything allocated, bond money, to pay for this. We had taken the bond money -- Commissioner Allen: Even future? Mr. Arriola: -- to pay back HUD. Well, future is up to you guys, when we do the second tranche, but it'll be a couple years. I mean, at least another year, year and a half. Commissioner Allen: Right. Commissioner Regalado: So here's the dilemma. If we vote "no, " we hit the general fund. Mr. Arriola: No. Commissioner Regalado: If we vote "yes," we hit the agencies in our district? Mr. Arriola: No, no, no, no, no. Commissioner Regalado: Yeah, yeah, yeah. Mr. Arriola: No, no, no, no. We don't hit the (UNINTELLIGIBLE) for nothing. City ofMiami Page 43 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Ms. Gomez -Rodriguez: Well, I don't think we're hitting any agencies -- Mr. Arriola: Because you just don't do the project. Commissioner Winton: Yeah, we're not -- Commissioner Regalado: Huh? Mr. Arriola: If you don't want to do the project, you don't do the project. The issue is that you have -- Commissioner Regalado: No, because you still have to pay the bond money that they used to pay us. Ms. Gomez -Rodriguez: No. Eventually -- Mr. Arriola: No, sir. Ms. Gomez -Rodriguez: -- the project will be done, eventually. Mr. Arriola: We already use the bond money to pay HUD. What you do is you never do the project. Commissioner Winton: Right. Commissioner Allen: Right. Mr. Arriola: And the project doesn't get done. Commissioner Winton: Yeah. Mr. Arriola: We already took the money that was allocated from the bond money to do this to pay back HUD, so what you would do is you would never do this project because you took the money from one end to the other, so it's -- you know, you're in a catch-22. Commissioner Winton: Now, Barbara -- Mr. Arriola: The other thing is the -- Barbara needs to -- you know, we need to spend this money, and this is a large project we can get done immediately. Commissioner Winton: Would you -- Chairman Sanchez: I'm very aware of the situation. Commissioner Winton: -- also address the question he raised about agencies, because I think that's an important answer? Ms. Gomez -Rodriguez: That's one of the things. These agencies that are in this sheet of paper that we're taking money away from them is because those agency has sign that they will not use - Commissioner Regalado: No, no, no, no. Ms. Gomez -Rodriguez: -- the money. City ofMiami Page 44 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Regalado: No, no, no, I wasn't talking about that. Ms. Gomez -Rodriguez: Oh. Commissioner Regalado: I was talking about the future. Ms. Gomez -Rodriguez: Oh, future. Commissioner Winton: Right. Ms. Gomez -Rodriguez: But, Commissioner, I do want to say again that this was something that was agreed already by this City Commission on May 8, 2003. Vice Chairman Gonzalez: Barbara, we need to set the record straight. Ms. Gomez -Rodriguez: OK. Vice Chairman Gonzalez: I have heard you, three or four times, say that these people borrow money. Ms. Gomez -Rodriguez: Right. Vice Chairman Gonzalez: That is not correct. That is not a correct statement. Ms. Gomez -Rodriguez: OK. Vice Chairman Gonzalez: These people went before the Oversight Board of the Bond and misled the Board to approve the $1.8 million by telling the Oversight Board that this money was going to be used through projects, and the money was not used in projects, and what they were doing, they were taking money. They were misleading this Board to get this money to pay HUD, the money that HUD disallowed, OK That is a true statement. Let's set record the straight in everything. Let's put everything out on the air. Let's put everything on top of the table, so now you are in a situation that you had to pay HUD $1.8 million, and they want to recoup the $1.8 million; is that correct? Mr. Arriola: Commissioner, if you'll recall, and you'll recall it well, you're absolutely correct. Vice Chairman Gonzalez: I remember -- Mr. Arriola: Absolutely. Vice Chairman Gonzalez: -- this Chairman and the Vice Chairman -- Mr. Arriola: Absolutely. Vice Chairman Gonzalez: -- of the Oversight Board being very upset about it -- Mr. Arriola: Absolutely. Vice Chairman Gonzalez: -- because they were misled. Mr. Arriola: Absolutely, sir. If you'll recall, and you know the history well, we had to go in front of the Board because of all the issues, and the then -Commissioner of the district said we'll make a swap -- City ofMiami Page 45 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Allen: Right. Mr. Arriola: -- of the money, and then, you know, he promised that, through Barbara's department, we were going to put the money back and do it. I mean, it is history. I mean, we can't change history. Commissioner Allen: Right, but -- Mr. Arriola: But you're absolutely 100 percent correct. Commissioner Allen: But in fairness -- Commissioner Winton: Mr. Chairman. Commissioner Allen: -- and correct me, if I'm wrong, Commissioner Gonzalez, but would it be fair to say that that entity misled the Homeland Defense -- Vice Chairman Gonzalez: Yes -- Commissioner Allen: -- Bond? Vice Chairman Gonzalez: -- they did. Commissioner Allen: Or they just -- Vice Chairman Gonzalez: They misled the Oversight Board, and they have to come back before the Oversight Board and admit that the money that they requested that was approved was not, in fact, for the purpose that they had expressed before the Board, and that's under the minutes. Commissioner Allen: OK. Now, I'm -- Vice Chairman Gonzalez: And that was long before your time. Commissioner Allen: OK, right, but I'm confused. I thought they made a request for a swap. Ms. Gomez -Rodriguez: I could not talk on behalf of the Board. Commissioner Allen: Yeah, I know. Ms. Gomez -Rodriguez: I -- all have -- Commissioner Allen: But I'm just curious, OK. Ms. Gomez -Rodriguez: -- in front of me was that -- Commissioner Allen: We'll get it. Ms. Gomez -Rodriguez: -- there was a swap -- Commissioner Allen: Right. Ms. Gomez -Rodriguez: -- and -- Commissioner Allen: That's what thought. City ofMiami Page 46 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Ms. Gomez -Rodriguez: -- that this -- Commissioner Allen: That was the representation -- they made a swap, which was perfectly -- because, otherwise, you would be in violation of bond covenants if you -- Commissioner Allen: Yeah, yeah. Commissioner Winton: Mr. -- Commissioner Allen: -- go and make misrepresentations and they are -- Commissioner Winton: Mr. Chairman. Mr. Arriola: This was a promise of a promise -- Commissioner Allen: I don't know. Mr. Arriola: -- of a promise. Commissioner Allen: OK. Chairman Sanchez: Commissioner Winton. Mr. Arriola: I'm sorry. Commissioner Winton: I think, from my perspective, and I think all the facts are correct here, but from my perspective, I'm really looking at this moving forward -- Commissioner Allen: Yes. Commissioner Winton: -- not -- Commissioner Allen: Yes. Commissioner Winton: -- going backwards, because I think we're going to do a different job of managing how those kinds of things have worked in the past, but in my mind, the right decision we're making today is to, in fact, do something that's going to really start the process to improve that neighborhood, and we're not going to sit here and let the kind of things that we let happen in the past, through that kind of manipulation, happen again in the future, so I think we're making a very, very good investment here. It is a bit painful, but think it's something we really need to do. It isn't going through an agency. CIP controls every dime of it. They're going to put the footprints on the street. We don't have to wait for somebody else to vote. We don't have to wait for somebody else to think. We don't have to wait for somebody else to redesign the new plan. We're going to execute this thing, internally, with our CIP department that's really rolling, and that's the reason that -- regardless of the history, that's the reason I'm supporting this, and you all know that there's no district that's been hit harder on CDBG funding than my district. It's been hit the hardest, and -- but I'm still comfortable with this, as painful as it may be, and I think it's the right thing for us to do. Chairman Sanchez: All right. I think we've beaten this horse to death. All right. Any further discussion on the item? If not, I believe it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Hearing none, it passes. City ofMiami Page 47 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 PH.8 05-00460 Department of Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 31ST YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUTURE PROGRAM INCOME FUNDS, IN THE AMOUNT OF $300,000; ALLOCATING SAID FUNDS TO ALLAPATTAH DEVELOPMENT, LLC., A FOR PROFIT ENTITY, FOR SPECIAL ECONOMIC DEVELOPMENT ACTIVITIES, AS SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED, FOR THE ACQUISITION OF A BUILDING LOCATED AT 868 NORTHWEST 21ST TERRACE, MIAMI, FLORIDA, 33127; AUTHORIZING THE CITY MANAGER TO EXECUTE A LOAN AGREEMENT FOR SAID PURPOSE. (NEED REVISIONS) 05-00460-resolution.pdf 05-00460-exh i bitA. pdf 05-00460-summary form.pdf 05-00460-public notice.pdf DEFERRED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Winton absent, to defer item PH.8 to the Commission meeting currently scheduled for June 23, 2005. Chairman Sanchez: All right. PH.8. Barbara Gomez -Rodriguez (Director, Community Development): PH.8, we've been working with a company that is starting in the Allapattah area, and this is to transfer $300, 000, in the form of a loan, at three percent. It also going to create 40 jobs in the City of -- for City ofMiami residents, so on the first year, ten jobs; on the next -- remaining, an additional 30 jobs, and it is basically $300, 000 to the Allapattah Development LLC., a for profit entity. Chairman Sanchez: All right. Is there a motion? Need a motion. Vice Chairman Gonzalez: That's what I had a question. Chairman Sanchez: All right, but we need a motion -- Ms. Gomez -Rodriguez: Right. Chairman Sanchez: -- for the purpose of discussion. Commissioner Allen: I'll move the item, Mr. Chairman. Chairman Sanchez: All right, there's a motion by Commissioner Allen. Need a second. Need a second for the purpose of discussion. Vice Chairman Gonzalez: Second for discussion. Chairman Sanchez: Second for the purpose of discussion. The second was made by Vice Chairman Gonzalez. The item is under discussion. Commissioner Gonzalez, you're recognized. Vice Chairman Gonzalez: Barbara, this being in Allapattah, what kind of a company is this? What is this? City ofMiami Page 48 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Ms. Gomez -Rodriguez: We did verify. They did buy a building. There is enough equity. It's a brand new building coming into the area. It's going to be a frozen -- what they do is they export seafood. We felt very comfortable. They do have the means to pay back the loan. It is not a grant; it is a loan that they're going to have to pay us back, and it will create -- just to start, just to open the door, we're getting ten jobs, and all of it is for City ofMiami residents, so it's not only low income, but it's City ofMiami resident, so we feel very strongly on this loan that we're providing. Vice Chairman Gonzalez: But when we have -- when we had the briefing, did you mention this to me? Ms. Gomez -Rodriguez: Yeah, I did. It was attached, and we went through this one. Chairman Sanchez: All right. Vice Chairman Gonzalez: What kind of an urgency does this item have? Ms. Gomez -Rodriguez: Huh? Vice Chairman Gonzalez: What kind of an urgency does this have? Ms. Gomez -Rodriguez: Well, he needs the money to complete the renovation inside. That's the - Vice Chairman Gonzalez: They need the money -- Ms. Gomez -Rodriguez: To -- Vice Chairman Gonzalez: -- to complete the renovation inside? Ms. Gomez -Rodriguez: Inside the building that they bought. Vice Chairman Gonzalez: OK. I would like to defer this item for the next Commission meeting because renovation is not something that -- I mean, they're not going to stop buying lobsters or whatever or -- Ms. Gomez -Rodriguez: No. We can do that. Vice Chairman Gonzalez: -- building a wall, but it's building a wall. You can build a wall today or tomorrow or day after, but -- Joe Arriola (City Manager): No. Commissioner, this is the folks I talked to you about that they were buying the building in -- across the -- Vice Chairman Gonzalez: Yeah, butt would like to defer because I would like to meet with these people -- Mr. Arriola: Oh, that'll be fine. Vice Chairman Gonzalez: -- see who these people are -- Mr. Arriola: Sure. Vice Chairman Gonzalez: -- talk to them. I'm the district Commissioner -- City ofMiami Page 49 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: All right, there's a motion to defer -- Vice Chairman Gonzalez: -- and I want to know what's the job. Chairman Sanchez: -- the item to the next Commission meeting. Vice Chairman Gonzalez: I want to know where they're employing -- Commissioner Allen: Second. Vice Chairman Gonzalez: -- the people from; what, you know -- I have some questions that I'm - - need to be answered. Ms. Gomez -Rodriguez: OK. Chairman Sanchez: All right. Commissioner Regalado: Mr. Chairman. Chairman Sanchez: There's a motion. Commissioner Regalado. Commissioner Regalado: I'll make a -- I second the motion of Commissioner Gonzalez to defer, butt have a question. Chairman Sanchez: Wait, wait, wait. For the record, we got to have decorum here. There's a motion to defer the item by Vice Chairman Gonzalez, second by Commissioner Regalado. You're going to speak on the item? Commissioner Regalado: Question, question. Is this a for profit? Ms. Gomez -Rodriguez: Yes, it is. Commissioner Allen: It's a for -- Commissioner Regalado: But I thought that Commission rejected several month ago a for -profit loan or a grant to another -- in another item. Ms. Gomez -Rodriguez: This is a for -profit. Chairman Sanchez: I can't supportfor-profit. Vice Chairman Gonzalez: That is correct. Commissioner Regalado: Huh? Chairman Sanchez: I don't supportfor-profits. Vice Chairman Gonzalez: That is correct. Chairman Sanchez: All right. Vice Chairman Gonzalez: And that opens another -- Chairman Sanchez: Can of worms. City ofMiami Page 50 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Allen: Can of worms. Vice Chairman Gonzalez: -- door, OK. I remember that we denied one company -- Chairman Sanchez: Yep. Vice Chairman Gonzalez: -- and we denied a loan. It was a loan, wasn't it? Ms. Gomez -Rodriguez: We did -- you -- Vice Chairman Gonzalez: And they were going to pay interest, didn't they? Ms. Gomez -Rodriguez: I don't remember that it was a loan. I remember that it was -- that there was a -- Vice Chairman Gonzalez: It couldn't have been a grant. Ms. Gomez -Rodriguez: -- for profit that came, and what they wanted to do was create jobs. The specific -- Vice Chairman Gonzalez: Yeah, but -- Ms. Gomez -Rodriguez: I don't remember if it was a grant or a loan. Vice Chairman Gonzalez: -- I'm almost sure that it was a loan; it was not a grant -- Mr. Arriola: Commissioner. Vice Chairman Gonzalez: -- because we don't give grants to for -profits, so that opens another door, OK. Ms. Gomez -Rodriguez: Well, I could tell you that you have approvedfor-profit in the past. Vice Chairman Gonzalez: Well, we have a motion to defer the item. Let's defer it -- Commissioner Allen: Right. Chairman Sanchez: All right. Vice Chairman Gonzalez: -- so I can discuss it with the Manager and with the -- Chairman Sanchez: Listen, there will be order. There is a motion by Vice Chairman Gonzalez to defer the item, second by Commissioner Regalado. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, all items that are deferred will come back at the next -- this item will come back at the next PZ (planning & zoning) item, 30 days from today or approximately near those dates. City ofMiami Page 51 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 E M .1 05-00442 Office of Strategic Planning, Budgeting, and Performance ORDINANCES - EMERGENCY ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 12596, THE ANNUAL APPROPRIATIONS ORDINANCE TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00442-ordinance.pdf 05-00442-exh i bit. pdf 05-00442-summary form.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen 12684 Direction to the Administration by Chairman Sanchez to study ways to reduce the millage rate and the fire fee. Chairman Sanchez: All right, we move on. Thank you so much, Madam Director. Madam Director. We move on to -- Priscilla A. Thompson (City Clerk): PH 1. Chairman Sanchez: -- EM 1, which is an emergency ordinance, and that is budget adjustments, mid year budget adjustments. Commissioner Regalado: You don't have a quorum. Chairman Sanchez: Huh? Commissioner Regalado: You don't have a quorum. Chairman Sanchez: All right. We don't have a quorum at this time, so we're going to have to -- this is a very important -- Ms. Thompson: Excuse me. Chairman Sanchez: -- item. Well, we want to make sure that he's -- Commissioner Winton. OK, we do have a quorum, so we're back on the record. Commissioner Allen: Yes, sir. Larry Spring: Commissioners, Larry Spring, chief of Strategic Planning, Budgeting and Performance. Before I go into the discussion on the mid -year appropriation change, I do want to put on the record that there is a floor amendment that I passed out to you earlier. The item -- there was a scrivener's error on page 4 of 5, under Special Revenue Funds, the police services had an extra zero, so it was listed as 195 million, and it should have been listed as 19.5 million. City ofMiami Page 52 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioners, before you, you have the mid year budget appropriations increase for the fiscal year ending September 30, 2005. General fund appropriations highlights. We're increasing appropriations in our office of Hearing Boards by approximately $180, 000 to appropriate additional funding for advertising costs, associated with the large volume of public hearings that we're having. That increase is actually offset by the public hearing revenues that we're appropriating, as well, which I'll discuss in a few minutes. Building Department, we're increasing by $192, 000, again, to assist with additional staffing associated with the large volume of development. There are a lot of inspections, overnight plan reviews, and things of that nature that are going on. Again, this particular appropriation is being offset by the incoming revenue associated with those inspections. Our Department of Fire Rescue, an additional $800, 000 is being recommended. The department, in slowing a couple of classes in the previous fiscal year, kind of gotten behind the eight ball in hiring and dealing with attrition, which has caused an overtime issue, so we're recommending that increase. General Services Administration, 555,000. Primarily, that increase is associated with the cost of fuel. If the -- you Commissioners recall, I've been putting on the record for the entire fiscal year that we had an issue with fuel, so this appropriation addresses that. Parks and Rec. (Recreation), the appropriation increase is approximately $2 million; 1.6 of that increase is associated with us moving the Melreese appropriation that this Commission is very familiar with from the special revenue account into the actual Parks Department. The remaining 400,000 is to deal with utility costs and the impact of the minimum wage on our summer hiring. Pensions -- and those would be between the three pension trusts -- an appropriation increase of about 2.4. The majority of that is to deal with the COLA (Cost of Living Allowance) payment. I was anticipating that the entire year, but we left it out of the original appropriation until we got a more definite number. Planning and Zoning. As you've noticed here, we are de -appropriating the entire budget because we are creating two new departments: The Department of Planning and the Office of Zoning, so the de -appropriation of the original department and the appropriation of the plan -- Department of Planning at 2.3 million, and the Office of Zoning at 805, 000. Police, we're increase -- recommending an appropriation increase of 538, 000. That is primarily, again, to deal with fuel, and also the addition of seven Com (Communications) operators. As this Commission may or may not know, we have a very dire situation in our 911 operation at the Police Department. We're requiring overtime, and they need the additional support in order to get through the -- actually, to perform a good operation there. Public Works, an increase of $260, 000. That is so that we can continue our water quality services outlet, letting out of contracts relative to that. Economic Development, 170, 000, primarily for remediation that we're doing at the Civic Center area. I think we received a violation some time ago that -- with a plot of land that was formally a dump site that we cleaned up and sold, so that's to deal with that issue, and Risk Management, which is the largest of all the increases, $10.1 million. That increase is associated with the high volume and actually good job that our City Commission and Risk Management have been doing, settling workmen's comp. claims, liability claims, police, sort, and things of that nature to replenish those reserves to continue those settlements. This is us spending money now to save us money in the future, in that we won't have to carry those liabilities on the books any further. In revenue, we are appropriating an additional $14.2 million to fund this; 800,000 in taxes in -- in the category of taxes; license and permits, 250,000; intergovernment and revenue, 1.6 million; charges for services, 4.1; miscellaneous revenues, 200,000; and nonrevenue, 7.2. Again, we're able to appropriate most of that revenue because we have better than expected collections in those revenue categories. I do have to put on the record that we are, as part -- to fund -- also fund this mid -year appropriation, we're recommending that we use about $7.2 million of reserves. Again, primarily to deal with the issue of the Risk Management settlements, and as you know, the Financial Integrity Ordinance does allow for that type of appropriation. Chairman Sanchez: All right. This legislative action requires a four fifth, and we're short of one Commissioner. Commissioner Allen: Right. Perhaps -- City ofMiami Page 53 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: So -- Commissioner Allen: Yeah, in the meantime, maybe I can ask a couple of questions -- Mr. Spring: Sure. Chairman Sanchez: -- while we're waiting -- Chairman Sanchez: Sure. Commissioner Allen: -- to the other Commissioners arrive. Chairman Sanchez: It is an ordinance, it's an emergency ordinance, and it require a public hearing. I think the presentation has been made, and what we want to do is maybe -- we can't make a motion or a second because we don't have a four fifth, but we could always open -- Madam Clerk or Mr. City Attorney, do we -- could we discuss the item when we don't have a four fifth present? Jorge L. Fernandez (City Attorney): Yes. The requirement is for the vote. Priscilla A. Thompson (City Clerk): Vote. Mr. Fernandez: The vote has to be a four fifth vote. Chairman Sanchez: Well, the Commissioners could be in their office watching it on TV (television) or -- you know, we do that a lot of times. Mr. Fernandez: Correct. The assumption is that they are in the building, and they are generally aware of what's being discussed. Commissioner Allen: OK. Chairman Sanchez: All right. Commissioner Allen, you're recognized. Commissioner Allen: All right, sir, I'll discuss this item, as we try to attempt to get our quorum here. Two quick questions, Larry. One is with respect to all the various categories that you spoke of how many of these categories are we adding staff because -- Mr. Spring: We're -- Police, we're adding -- Commissioner Allen: Not that I'm dis-- in disfavor of it. Mr. Spring: No, no, no, no, no. Commissioner Allen: I just like to -- Mr. Spring: No. I understand. No. Commissioner Allen: Right, because -- Mr. Spring: Police, we're adding -- Commissioner Allen: I mean, we're making increases; I just want to make sure -- some of those increases -- City ofMiami Page 54 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Mr. Spring: Absolutely. Commissioner Allen: -- do bring job opportunities to individuals. Mr. Spring: Right. In the whereases [sic] in the appropriation does list 11 total; seven of those are brand new hires that are in the Police Department. The remaining four are clean ups of our total head count because, as you know, the Commission actually approves our total TO (table of operation), and we had a couple of situations where the initial legislation that we presented had some errors in it, so actual seven brand new bodies will be arriving in the City. Commissioner Allen: To that end, do you know whether or not these are part -times or full -times with full benefit? Mr. Spring: These are full-time, permanent positions, with full benefits. Commissioner Allen: OK, and secondly, with respect to -- I see here the bifurcation of the Department of Planning and Office of Zoning, and I guess that's -- the departments would be able to answer this. Is that pretty much, you would say, a correct pro rata share to handle the -- is that the capacity in which to give them the ability to service the needs? Mr. Spring: Yes. Actually, we worked on this with the department over the last couple of months. What we did was sit down and they decided, based on the total staffing that was -- that existed in the one department, they split out the necessary personnel and they split out the dollars, so this number that is being presented is the number that the department worked on with my office to come up to that balance, and there is no -- right now, there is no additional staffing being added. Commissioner Allen: Right. Mr. Spring: It's just a separation of what existed. Commissioner Allen: Right. Some of this -- if you will, does that also include any consultant -- Mr. Spring: Yes. Commissioner Allen: -- employees? Mr. Spring: You do have an additional -- close to $100, 000 to deal with, again, the same issue that we're dealing with with the planning and building of plan reviews, consultants to deal with those -- the volume. Commissioner Allen: Right, and ifI may -- and Larry, based on your experience, and perhaps you'll be able to answer this -- does it make sense that we continue with going down the road using consultants versus bringing on a permanent employee, those costs differential? Does it -- Mr. Spring: Well -- Commissioner Allen: Has that been vetted, by any chance? Mr. Spring: I would say, for the purpose of the mid year, it is beneficial because, as we know -- Commissioner Allen: With the -- to have the consultants. Mr. Spring: Yeah, to have it with the consultants at this point in time. As we go into the next fiscal year, the department will be considering the entire scope and the cost benefit analysis, if City ofMiami Page 55 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 you will -- Commissioner Allen: Right. Mr. Spring: -- of hiring versus having a consultant for the presentation that I'll bring in in September -- actually, July. Commissioner Allen: So there will be a possibility for additional jobs coming on board for City ofMiami residents to apply -- Mr. Spring: Absolutely. Commissioner Allen: -- and there will be an effort to make sure that, from a cost benefit analysis, we do consider hiring someone -- Mr. Spring: Correct. Commissioner Allen: -- as opposed to constantly giving out these consultants. That's just a thought. Commissioner Winton: Yeah. Well, you're not going to get much support from me on that because -- Commissioner Allen: OK. I understand. Commissioner Winton: -- we're in a development boom right now that's unprecedented in the history of this City. It is not going to stay, and when that development boom comes down -- Commissioner Allen: You're --I see your -- Commissioner Winton: -- and the revenues aren't going up, we have all these full-time people that we would be hiring to do this job instead of consultants that sticks to the payroll forever -- Commissioner Allen: That's true. Commissioner Winton: -- that's a huge problem. Mr. Spring: And that'll be part of our analysis. Commissioner Winton: Consultants are well worth it right now. Commissioner Allen: That's -- yeah, but -- I respectfully would ask that you make sure -- Mr. Spring: Yeah. Commissioner Allen: -- you do weigh the two, I mean. Mr. Spring: Yeah, absolutely. Commissioner Allen: I mean, let's face it, you know, I mean, you wouldn't be hiring hundreds of people. That's one thing to consider. You'd be hiring probably a small number, and in the long run, that has a more beneficial effect because when you pay an employee, that employee is going to be able to pay taxes, spend money here in the City ofMiami, so it does have a ripple -- a derivative effect very well, in light of what Commissioner Winton has just stated, as well. City ofMiami Page 56 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Winton: Taxpayers -- Commissioner Allen: Right? Commissioner Winton: -- always have to pay the bill. Commissioner Allen: All right. I think we have four now -- Chairman Sanchez: All right. Commissioner Regalado. Commissioner Allen: -- Mr. Chairman. Commissioner Regalado: I had a long meeting and briefing with Larry and he explained it to me, everything that he has said on the record. I just think that it's important that the people watching and the people present understand that some of these expenses, mid year expenses, a lot of operations expenses have to do with the gas prices. Mr. Spring: Absolutely. Commissioner Regalado: I mean, there is -- I don't think that people really understand how gas prices -- they went up 59 cents per gallon from January to April of this year -- are impacting the economy in poor cities -- Mr. Spring: Right. Commissioner Regalado: -- and in rich cities, too, but especially in the City ofMiami because, I mean, the police has to do their rounds, so they -- and that is why my point, Larry, again, the hybrid cars. There is this movement throughout big governments in cities in the United States of going for hybrids for inspectors, not for police, but for inspectors, which they go around and around and around all day, and we get credit from the Federal government in hybrids because gas prices are -- you know, they probably go down six or seven cents, but there's going to -- there still be problematic for it. Mr. Spring: Yeah, and actually, based on, I think, some comments that you put on the record before, our GSA (General Services Administration) director has been looking into the purchase of hybrid cars for the upcoming fiscal year, so I'll get some information together from him and have it presented to your office. Commissioner Regalado: Thank you. Chairman Sanchez: Commissioner Winton. Commissioner Winton: No comment. Chairman Sanchez: No comment. Well, I am going to make a comment, and I look at this -- and I know that required by law, so we don't violate the anti -deficiency under the legislation that we have, we can make mid -year adjustments, and they're commonly made as to the operation expenses that occur in the City, but you know, I look at this report and I'll tell you one thing that really gets my attention, and I think that we need to focus -- as we say, think outside the box when we look at this, and it continues to be the revenues that are coming in to the City, and when we look at that, we see that the ad -valorem taxes continue to be healthy for us, which is an increase of double digits, anywhere from 15 to almost 20 percent as we project in the future. Now, having said that, I do want to emphasize a statement that Commissioner Winton made very clearly is that, yes, although we anticipate a healthy future for Miami, as long as we're able to manage it correctly, is that we can't go out there now and try to rush and try to bring in people City ofMiami Page 57 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 that are going to be permanent for the long time because we might end up in a situation, not too long ago, where our revenues -- I mean, our expenses exceeded our revenue, and that's how we got in trouble with a $68 million deficit, but having said that, I want to look at some of the future projections that are set forth and really -- I know this is not the appropriate time to talk about this, but I think it is because the Mayor made it very clearly in his address to the City that, as the City looks for the future, and we look for the future of the City ofMiami and all the development that's happening out there, we're starting to see that money is going to be coming into the city, and you look at -- Two of the biggest things that we've been able to do here to showcase is one, we have promised our voters that we would not increase the garbage fee for five years at a set of -- rate of $325 a year. I know, Larry, you didn't support that. I remember that, but I think it was a commitment that we made because of the bond issuance, and basically, because of the frust that the voters ofMiami trusted in the new government, a new approach, afresh approach to government, but if we look at the biggest concerns that we have now, and we look at people that address our -- the needs, one is the fire fee that continues to be a problem. The other one is that we have been able to lower the millage in the City ofMiami for the last seven years since we've been here -- at least, since I've been here, and it's the lowest it's ever been in 50 years, and if I'm not mistaken, the Mayor stated very clearly that we were able to return $42 million back to the voters -- the residents of the City ofMiami because of those reductions, but if you look at the sticking point here is that if you want to look at what we want to accomplish here -- and I think it's been said here before -- that we want to reduce the fire fee. We need to look at the fire fee, and I think the projections on what we're being instructed as -- when we start getting close to the budget and preparing the budget and having the budget meetings, I think that we need to let Administration know that there is a clear support and a clear movement to fry to reduce that fire fee. I know the fire fee, we wanted to do away with it. It would take about 15 million, if I'm not mistaken. Mr. Spring: Approximately, yes. Chairman Sanchez: Roughly, so we're talking about a reduction, maybe setting a phase in where we'll be able to reduce the fire fee, whether it be half or whatever it may -- we will have to look at those numbers. The other issue is to continue to lower the millage because, you know, we do have a healthy economy. We continue to put money aside for our reserves. We should be projected anywhere around maybe a hundred and -- how many millions now in reserve, Larry, about 140? Mr. Spring: The 2004 number was 136 -- Commissioner Allen: One thirty-six. Mr. Spring: -- point 8 (UNINTELLIGIBLE). Chairman Sanchez: So that's a significant -- By law, we can't go lower than 20 percent, and we know that. Commissioner Allen: Right, 20 percent. Chairman Sanchez: Twenty percent, so this is something that I think that needs to be said, that we need to start focusing on looking at ways to come back with this budget -- that we start preparing this budget to continue to reduce the millage. Our millage right now is, I believe, eight point -- Mr. Spring: Seven, one -six -two -five. Chairman Sanchez: Eight point seven -two -- one -six -two -five. City ofMiami Page 58 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Mr. Spring: One -six -two -- Chairman Sanchez: And maybe we need to continue to lower. Now, if we lower it -- and this is just throwing some numbers at you. If we lower it by point five, how much would that be for this City? Commissioner Allen: Point five? That'll be 1. -- 8.7. Mr. Spring: It'll be 8.2. Commissioner Allen: Two. Mr. Spring: Eight point two-one-six-twofive. Chairman Sanchez: Maybe that's just a hint, you know, that -- Commissioner Winton: By the way, he's gotten that hint also. Chairman Sanchez: Yeah. Commissioner Winton: That exact hint. Mr. Spring: Commissioner, your -- in doing my briefings for the mid year, you, as well as your colleagues and the Mayor, have given me that hint very well, that I need to -- when we come with the recommendation, that we consider a very significant -- Chairman Sanchez: Larry -- Mr. Spring: -- millage reduction. Chairman Sanchez: -- I want to make it very clear, this is not the appropriate time. Mr. Spring: All right. Chairman Sanchez: We will be -- as we do every year, start addressing the budget. We're required to have -- pass a balanced budget by the State and our City Charter, but at the appropriate time, as the Chair of this Commission, I think that with the Administration and working, we need to set forth legislation, proper legislation to continue to reduce the millage, and above all, to start working on reducing the fire fee, because our commitment was five years, and that's something that, you know, we need to stick by what our commitments were to the taxpayers, so having said that, I just want to take that opportunity to put that on the record that it is upon you, and the City Administration, to come back to this legislative body with reductions on both of those aspects. Mr. Spring: OK Commissioner Regalado: Mr. Chairman, just very briefly, and I will be supporting this ordinance, and Larry, it is always a pleasure to get briefing from you because you are very clear, and we -- of course, I would support on a heartbeat the reduction of the millage, and of course, the fire fee. We had another -- we have another issue with the fire fee, but it's still in court, and there may be a settlement, but it is important that the people understand that we sit here and, you know, and do the best, and you guys in the Administration do the best, and the Mayor, and everybody to reduce the millage, but at the end of the day, we're not returning money to the residents because we cannot keep up with the property appraisal and him raising the value of the properties. Since we started reducing the millage, the property values, as City ofMiami Page 59 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 appraisal by the County, has gone up in the City ofMiami more than 35 percent, which upsets what we have reduced, so this is something that some day we will have to convey very clearly to the residents, because after all, at the end of the day, they still have to pay the same money, the $25, 000 that the City gave to the seniors. Additional $25, 000, it's gone already -- Commissioner Allen: You're right. Commissioner Regalado: -- with property values, you know, and it's something sad. Luckily, there are six County Commissioners that have committed to place on the ballot the issue of the property appraisal, if there is a special election. We only need one more, so I think that at least that would send a message to the people that we have -- we need to have some order in terms of property values, because property values do raise the taxes. Whether we reduce it, property values reduce -- raise the taxes in the City ofMiami, too. Thank you, Mr. Chairman. Mr. Spring: May I -- Commissioner Allen: I think it's a washed transaction. Mr. Spring: May I -- Chairman Sanchez: Yes, sir. Any further discussion or any questions from the Commission? If not, sir. Mr. Spring: I was going to say, to that point, the Administration, lead by the Mayor and the Manager, we have made a very concerted effort in analyzing those appraisal increases on our taxes and property owners in making sure that, at very minimum, that we wipe out that CPR [sic, CPI (Consumer Price Index)], or three percent max increase in the millage reduction, and we've definitely done that over the last few years, but to your point, we definitely need to make an effort to now start going further than that, and you know, do better, perform better. Commissioner Winton: Move -- Chairman Sanchez: All right. Is there a motion? Commissioner Winton: Move the item. Chairman Sanchez: There's a motion by -- well, it's an emergency ordinance. I did -- did I open up the public? Ms. Thompson: No. Chairman Sanchez: All right. It's a public hearing. It's an emergency ordinance requiring a four fifths vote. Therefore, it's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. It is an ordinance. There is a motion by Commissioner Winton. Is there a second? Commissioner Regalado: Second. Commissioner Allen: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. At this time, it is open for discussion from the Commission. Hearing no discussion, Mr. City Attorney, read the ordinance into the record, and then, Madam Clerk, roll call. City ofMiami Page 60 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Mr. Fernandez: As amended. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: First roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Allen? Commissioner Allen: Aye. Ms. Thompson: Vice Chairman Gonzalez? Vice Chairman Gonzalez: Yes, ma'am. Ms. Thompson: Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: Chairman Sanchez? Commissioner Allen: Right. Chairman Sanchez: But all -- yes. Commissioner Allen: Does he need -- Mr. Chairman, would he also need to make a qualifying statement that is in -- Chairman Sanchez: Yeah, for the workshop? Commissioner Allen: -- compliance with the ordinance or something like that? I'm just curious. Mr. Spring: That's the original appropriation. Commissioner Allen: All right. Mr. Fernandez: That's -- yes. That's at the annual meeting. Chairman Sanchez: Larry, the workshop? Mr. Spring: I wanted to bring up the workshop, when you're done. Chairman Sanchez: Yeah, when we're done, you're going to set a workshop, right? Mr. Spring: Yes. Chairman Sanchez: OK. All right. It requires two readings, correct? Ms. Thompson: Correct. Two votes. Chairman Sanchez: All right. Ms. Thompson: Your second roll call. Commissioner Regalado? City ofMiami Page 61 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Regalado: Yes. Ms. Thompson: Commissioner Allen? Commissioner Allen: Aye. Ms. Thompson: Vice Chairman Gonzalez? Vice Chairman Gonzalez: Yes, ma'am. Ms. Thompson: Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: Chairman Sanchez? Chairman Sanchez: Yes. Ms. Thompson: The ordinance has been adopted as an emergency measure, 5/0. Joe Arriola (City Manager): I wanted to make a point, Mr. Chairman. I think that you're all aware, when we took over and in due haste with Mayor Diaz, Risk Management had thousands, literally, cases of workmen's comp. Chairman Sanchez: You're telling me. Mr. Arriola: You know, it was one of those hidden, you know, "treasures," and I wanted to commend the people at Risk Management, and Dania, the director, because this year alone, they have settled close to 600 cases, and they keep cleaning up this process. If you can go back, some of those cases go back ten years. It's one of those things that nobody cared about, nobody -- you know, kind of like swept it under the rug because they didn't want to talk about it, and she has done and her staff has done a tremendous job -- Chairman Sanchez: Well -- Mr. Arriola: -- and I wanted to bring that up, because I know the money -- it sounded like a lot of money, but this is clean up of maybe ten years that she's done. Chairman Sanchez: Let me elaborate a little bit on that. I think one of the things -- when I was appointed to the Commission, one of the things that we looked at and to try to resolve the many, many, many issues that we're really face -- we were facing with was that we looked at Risk Management and in the entire process itself when we looked at it, one of the things that really was a red flag that came out and hit me right on the face was that Risk Management, at that time, when we had 3,100 City employees, we had 2, 780-something open claims, so that tells you the department that was way, way, way out of control, and I know that, through the whole entire process, we have put a lot of pressure on that department. There's been some changes. She has done a tremendous job, and I continue to work -- that we encourage everyone to work together because we have an opportunity now, not only to save millions of dollars, but to showcase a department that was one time was in chaos to lead it, as a role model for our entire state, that we will not longer tolerate theft, which is clearly theft, when people abuse the system, when people are compensated when they shouldn't be compensated, and believe me, there's a lot of that going out there, and I remember that when we first got in and we basically -- it was my effort to try to get the City Manager, at that time, to get us to go after these people hard and, you know, we were -- I better just leave it at that because every time that I make those statements, I end up offending people that really -- City ofMiami Page 62 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Vice Chairman Gonzalez: Be polite. Chairman Sanchez: I don't want to get into it, but I'm just glad to see the difference. I'm glad to see that the cases are down. How many open claims do we have now, around a thousand what? Mr. Arriola: No, no. I think it's -- Chairman Sanchez: Could you state your name. I want to get her on the record because I think she deserves a recommendation and praise -- Dania Carrillo: Thank you, Commissioner. Chairman Sanchez: -- from us. Ms. Carrillo: Dania Carrillo, director of Risk Management. We have -- we're closing more claims than are coming in. We're almost doubling the closing versus what is opened, and it's -- claims are coming. We're going to have two more projects developed within Risk Management that are going to bring the claims down; that's a guarantee, and we will keep closing claims. We're -- most of the claims are maturing at this point. They're -- we closed seven claims this year in the police -toured area that have made a impact on the budget, but we're closing them and we have excellent help from the Legal Department, and we're working together, and it will work. Commissioner Allen: Mr. Chairman, ifI may. Chairman Sanchez: Yes, sir. Commissioner Allen: To that end, that's congratulatory, I would say, and we appreciate that very much, butt guess also, concomitant with that, you guys have also probably instituted some policies or some educational programs that you must -- Ms. Carrillo: Yes, sir. Commissioner Allen: -- provide to make sure these things don't happen in the foreseeable future again. Ms. Carrillo: Yes. Commissioner Allen: Right, so that's all in place. Ms. Carrillo: Yes. Yes, sir -- Commissioner Allen: All right. Ms. Carrillo: -- we're working on that. Commissioner Allen: Thank you. Ms. Carrillo: There is about 500 claims that have come in so far this year. We have closed about 800, close to 900 claims. Commissioner Allen: And they're from the soups to nuts? What types of claims? Just give us some idea of -- psychological or just basic physical injury, bodily injury, or -- City ofMiami Page 63 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Ms. Carrillo: We're having a lot of the cases that belong under the heart and lung cases, so those are from the police officers. We have -- our major claims are the heart, the back, lot of the back cases. Those are long cases, with a lot of expense to it. Commissioner Allen: And we do have a mechanism in place, like, for example, you mentioned the back. The employees are, for example, if a belt or -- is -- instructed -- you're instructed to wear a belt, they -- we make sure that they wear those belts; otherwise, they would forfeit any workmen compensation claim. Do we have -- Ms. Carrillo: We're working -- Commissioner Allen: -- something in place similar to that? Ms. Carrillo: Commissioner, we're working and establishing a new safety program for the City ofMiami, which will be unveiled very, very shortly. Personal protective equipment, which is one of the things that you're mentioning, it's one item there. We will have training for employees on how to use the personal protective equipment. We're going all out. We will be bringing to you to show you what kind of safety program the City ofMiami will have, and that is being worked out right now. It will be in place very soon. Chairman Sanchez: It's an A through Z revamp -- Ms. Carrillo: Yes. Chairman Sanchez: -- completely over at that department. Well, once again, congratulations to you -- Ms. Carrillo: Thank you, sir. Chairman Sanchez: -- and to your entire staff. Ms. Carrillo: Thank you. My staff has been wonderful. Chairman Sanchez: Yes. Ms. Carrillo: They -- they're part of what we do -- Chairman Sanchez: Thank you. Ms. Carrillo: -- and they need recognition, too. Chairman Sanchez: Thank you so much. Ms. Carrillo: Thank you. Commissioner Allen: Thank you. EM.2 05-00372 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AUTHORIZING THE ACQUISITION OF A MATTER MANAGEMENT SOFTWARE PROGRAM, INCLUDING THE LICENSE, SERVICE AND MAINTENANCE FOR A THREE-YEAR PERIOD, FROM WEST PUBLISHING CORP., DBA, PROLAW SOFTWARE, UTILIZING EXISTING CALIFORNIA STATE UNIVERSITY OFFICE OF THE CHANCELLOR OFFICE OF GENERAL COUNSEL, CONTRACT NO. 40549, EFFECTIVE THROUGH City ofMiami Page 64 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 FEBRUARY 28, 2010, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS, FOR THE OFFICE OF THE CITY ATTORNEY, IN AN AMOUNT NOT TO EXCEED $150,000; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 05-00372-resolution.pdf 05-00372-exhibitl .pdf 05-00372-exh i bit2. pdf 05-00372-exh i bit2A. pdf 05-00372-exh i bit3. pdf 05-00372-exh i bit4. pdf 05-00372-exh i bit5. pdf 05-00372-exh i bit6. pdf 05-00372-exh i bitB. pdf 05-00372-summary form.pdf Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0343 Chairman Sanchez: All right, the next item on the agenda is a -- F.M 2, and I believe that's from the Legal Department. Commissioner Allen: Correct. Jorge L. Fernandez (City Attorney): Yes. Mr. Chairman, Commissioners, this is an item -- as you remember, I have been talking to you over the past several months that we need to institute system for accountability and transparency. This is the acquisition of the software program that's literally the cutting edge, it's the very best out there in the legal community, and the acquisition of that program is what this item is about. Chairman Sanchez: All right. Is there a motion? Vice Chairman Gonzalez: Move. Commissioner Allen: Move the item. Chairman Sanchez: There's a motion by Commissioner Allen, second by Commissioner Regalado. I believe we've all been very well briefed by the City Attorney -- Priscilla A. Thompson (City Clerk): That's -- Chairman Sanchez: -- on this item. Vice Chairman Gonzalez: No, Commissioner Regalado isn't here. Ms. Thompson: That's -- Commissioner Allen: Commissioner -- Ms. Thompson: -- Vice Chairman Gonzalez. City ofMiami Page 65 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Vice Chairman Gonzalez: Second by me. Chairman Sanchez: Oh, I'm sorry. I apologize. All right, so the motion was made by Commissioner Allen, for the record, and second by Vice Chairman Gonzalez. OK. Any discussion item -- any discussion on the item? It is a resolution. Doesn't require a public hearing. Mr. Fernandez: No. Chairman Sanchez: No. OK All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City ofMiami Page 66 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 ORDINANCE - FIRST READING FR.1 05-00441 ORDINANCE Office of the City Attorney First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 42/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "POLICE/TOWING AND IMMOBILIZATION OF MOTOR VEHICLES/POLICE TOWS," MORE PARTICULARLY BY AMENDING SECTION 42-119 OF SAID CITY CODE BY SETTING THE MAXIMUM TOW RATES ALLOWED FOR THE DEPARTMENT OF OFF-STREET PARKING DISPATCHED TOWING AND WRECKER SERVICE FOR PRIVATE VEHICLES, SETTING AN ADMINISTRATIVE FEE IN THE AMOUNT OF $25 AND RATIFYING AND CONFIRMING ANY ADMINISTRATIVE CHARGES INCLUDED IN THE MAXIMUM TOWING FEES INCLUDED IN ANY CONTRACT OR AGREEMENT IN EFFECT; FURTHER DECLARING THE ADMINISTRATIVE FEE TO BE LEGAL AND VALID AND RATIFYING, VALIDATING AND CONFIRMING IN ALL RESPECTS, THE ADMINISTRATIVE FEES IMPOSED PRIOR TO THE ADOPTION OF THIS ORDINANCE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 05-00441-ordinance FR-SR.pdf 05-00441-cover memo FR-SR.pdf Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, 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.1, it's an ordinance on first reading, and I believe that's also from the -- Jorge L. Fernandez (City Attorney): Yes. This is -- Vice Chairman Gonzalez: Move. Mr. Fernandez: We can we can introduce this item to you. This is an ordinance that enables and empowers the Department of Off -Street Parking to have a towing program. The ordinance is self-explanatory. It's necessary that this ordinance be passed, as there is contemplated litigation in this area, and without this authority from this Commission to the Department of Off -Street Parking, their towing program may be questioned. Commissioner Allen: IfI -- Vice Chairman Gonzalez: Move FR.1. Commissioner Allen: For -- Commissioner Winton: Second. Commissioner Allen: I'd like to second it for discussion, quickly. Chairman Sanchez: All right. For the record, there is a motion by Commissioner Gonzalez -- Vice Chairman Gonzalez, second by Commissioner Allen, for the purpose of discussion. Before we get into a discussion, it's an ordinance on first reading. It requires a public hearing. Anyone City ofMiami Page 67 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Commissioner Allen, you're recognized for discussion. Commissioner Allen: Yes. Very quickly, Mr. Chairman. Mr. City Attorney, I forgot to ask you this when you briefed me on this. In effect, Off -Street Parking will have, in my opinion, powers tantamount to police powers. Mr. Fernandez: For purposes of towing, yes. Commissioner Allen: Right, so I'm just curious. Constitutionally -- Mr. Fernandez: Yes. Commissioner Allen: -- will they be able to do that, and this would stand any attack -- Mr. Fernandez: Yes. Commissioner Allen: -- going forward? Mr. Fernandez: Yes. What will not -- Commissioner Allen: Because -- Mr. Fernandez: -- in my opinion -- Commissioner Allen: -- the Police Department currently has services, and we're giving this power to Off -Street Parking, which, in my opinion -- I mean -- Mr. Fernandez: The Police Department has it -- Commissioner Allen: -- they're not -- their -- because see, my question is, Off -Street Parking was organized or formed, not for the purpose of towing cars. I mean, that's a police function and it should remain a police function. I'm -- I'll be honest with you, I'm puzzled. I just don't -- Mr. Fernandez: Well, you -- Commissioner Allen: I don't think that we should be giving police powers to an entity that was not formed for the purpose of carrying out police powers. Mr. Fernandez: Well, the -- Commissioner Winton: Well, they have -- Commissioner Allen: Traditional police powers, I should say. Mr. Fernandez: The Department Director is here, and he can speak to that. We have thoroughly analyzed this issue, as well as representing to you that there is litigation in place. Without this authority from this Commission enabling and empowering the Department of Off -Street Parking, and in fact, it is intended that, by this ordinance, you ratify and confirm any administrative charges included in the maximum towing fee included in any Department of Off -Street Parking contract or agreement presently in effect. All acts and proceedings, including enforcement procedures, taking in connection with the imposition of the administrative fee as included in the maximum rates charged for towing before the date of this ordinance becomes law and are ratified, validated and confirmed, and the administrative fees declared to be legal and City ofMiami Page 68 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 valid in all respect, so you're dealing with a fact that they have a towing program in place, which is critical and essential to them carrying out their duties, which is, as you know, to have -- provide parking throughout the city, parking structures, as well as surface parking. Without the opportunity to, in fact, have effective towing, their main function will be severely impaired, so perhaps the Department Director could more clearly state what I justgave you, but the passage of this ordinance is critically important for the Department of Off -Street Parking, as well as for the city. Commissioner Allen: All right, so what -- Chairman Sanchez: Mr. Director, state your name for the record. Art Noriega: Art Noriega, executive director, Miami Parking Authority, Department of Off -Street Parking. Commissioner, the -- we've had -- since I've been involved, the Authority had been empowered to tow in the right-of-way. That is our main resource for enforcing the right-of-way, especially as it relates to (UNINTELLIGIBLE) laws, "No Parking" tow away zones, you know, parking in front of fire hydrants, as an example. Our enforce -- we have an entire enforcement department that sole responsibility is to enforce the right-of-way, and this is a vehicle by which we enforce, and so it's essential to us to have the ability to maintain that, and we've had that authority for many, many years. Commissioner Allen: Right. Commissioner Winton: And I think, as importantly, you know, we could hear from the Chief but I think that it's clearly recognized that that's a function provided by this department that the Police Department doesn't have to do. They would have to ramp up if you moved the policing power, so -- Commissioner Allen: OK. Mr. Fernandez: And there is no problem or conflict between the Department of Off -Street Parking and our Police Department with regard to how towing takes place, at all. Commissioner Allen: So, but there also would be no increase in fees? It'll be the same cost -- Mr. Fernandez: No. This is -- Commissioner Allen: -- the charge that the Police Department would charge for -- because I see a figure in here, 25 -- administrative fee in the amount of $25, so they would be allowed to, if you will, charge the same administrative fee of $25 on top of a towing charge? Correct me if I'm wrong. Mr. Fernandez: Well, by passage of this ordinance, you're tackling two issues; you're enabling and empowering and creating the basis for DOSP (Department of Off -Street Parking) to have their towing in place, but also you're ratifying the rates and all of the assessments that are in place. This is presently in place, and so you're not passing any addition or any increases to anything. Commissioner Allen: I see, OK, so we're not deal -- we're only basically dealing with one subject -- Mr. Fernandez: Correct. Commissioner Allen: -- for the most part? City ofMiami Page 69 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Mr. Fernandez: Correct. Commissioner Allen: OK. Chairman Sanchez: All right. Commissioner Allen: I got it. Chairman Sanchez: This is a ordinance on first reading -- Mr. Fernandez: Correct. Chairman Sanchez: -- and we did open it to the public, and we closed it, and we're back now discussing the item. Is there -- there was a motion by Commissioner Allen, second by Vice Chairman Gonzalez. Any further discussion on the item? If not, Mr. City Attorney, read the ordinance into the record, and then, Madam Clerk, we'll have a roll call. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk. Priscilla A. Thompson (City Clerk): Mr. Chairman. Commissioner Allen: Mr. Chairman. Chairman Sanchez: Before you vote -- Madam Clerk, hold on. Commissioner Allen: One quick question. This may seem pretty repetitious, but if Off -Street Parking does, you know, continue with the towing of trucks and cars, will they all -- will the cars be placed within the City ofMiami poundage area? Is that sort of ordinary -- the reason why I'm saying this -- Mr. Fernandez: Yeah. Chairman Sanchez: -- is because, you know, when you tow a car, there are situation, if it goes beyond a certain length, you can add additional monies to these individuals that tow these cars, so -- I mean, who are we contracting with? Because someone -- Off -Street Parking can assign the towing of a car; that car could be placed in Opa-Locka, and they can rightfully charge for the mileage or -- that's what I'm getting at. Mr. Noriega: Yes, sir. We issued an RFP (Request for Proposals), which is standard practice. Our current towing vendor is Molina Towing, and they're actually -- and have been, on occasion, a vendor of the City, as well, so we haven't had any issues with regards to additional fees. Our towing rate is actually -- total towing charge is actually less than the City standard rate, so if a vehicle gets towed by our vendor, it's actually slightly less than it is in the City. Commissioner Allen: Right, and it would be housed in the compounds -- Mr. Noriega: AtMolina's. Commissioner Allen: -- impounded at-- within the City ofMiami. Mr. Noriega: Yes, sir. Commissioner Allen: Not taken to some ancillary or -- City ofMiami Page 70 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Mr. Noriega: You got it. Commissioner Allen: -- accessory -- Mr. Noriega: Yes, sir. Commissioner Allen: -- so you could charge mileage. OK. All right. Chairman Sanchez: All right. Any further discussion on the item? If not, Madam Clerk, roll call. Ms. Thompson: Sir, before I call the roll, I just want to make sure my records are straight. I have showing as the mover Vice Chairman Gonzalez and the seconder, Commissioner Allen. Chairman Sanchez: It is my understanding Commissioner Allen made the motion and Vice Chairman -- Commissioner Allen: Yeah, I made the motion. Chairman Sanchez: -- second it. Commissioner Allen: Yeah, that's correct. Ms. Thompson: Well change it. Chairman Sanchez: OK. Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. City ofMiami Page 71 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 RE.1 05-00012 Department of Economic Development RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AMONG THE CITY OF MIAMI, MIAMI-DADE COUNTY, AND THE MIDTOWN COMMUNITY REDEVELOPMENT AGENCY ("CRA") DELINEATING AND DELEGATING THE POWERS OF THE CRA. 05-00012-resolution.pdf 05-00012-exh i bit. pdf 05-00012-summary form.pdf 05-00012-county resolution.pdf 05-00012-pre resolution.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Sanchez Absent: 2 - Commissioner Regalado and Allen R-05-0344 Chairman Sanchez: All right. RE.1 is a resolution. Commissioner Winton: So moved. Chairman Sanchez: All right. Let her -- let the executive director put something on the record. Laura Billberry: Lori Billberry, Economic Development. RE.1 and RE.2 are related, and both are in accordance with the interlocal agreement that was previously executed between the City, the County, and the Midtown CDD (Community Development District). RE.1 is an interlocal agreement between the County, the City, and the Midtown CRA (Community Redevelopment Agency), and this agreement sets forth the powers and duties of the CRA, which is limited to exercising its powers related to the redevelopment plan previously approved by the Commission. I would like to note for the record, though, that the County has requested an indemnification from the CRA. We are -- Chairman Sanchez: Oh, I'm sorry. This is the CRA? Ms. Billberry: The Mid -- Commissioner Winton: No, this is Midtown. Ms. Billberry: Well, this is the Commission sitting -- Commissioner Winton: This is mid -- Ms. Billberry: -- as the Commission -- Chairman Sanchez: What do we have scheduled at 2:30? Commissioner Winton: This is not CRA. This is Midtown. Chairman Sanchez: OK, I'm sorry. I'm sorry. City ofMiami Page 72 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Ms. Billberry: You will have the same two items of the Midtown CRA at 2:30. I just wanted to make a note for the record, though, the County has requested that the CRA indemnify -- have an indemnification clause in this agreement. We have indicated a willingness to include the language, subject to the County agreeing that the CRA could procure insurance to cover that indemnification, and that the indemnification be limited to the levels of insurance. Chairman Sanchez: And are you content with that? Ms. Billberry: Yes. Chairman Sanchez: OK. All right. It's a resolution. Is there a motion? Commissioner Winton: So moved. Chairman Sanchez: There's a motion by Commissioner Winton. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. It is open for discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.2 05-00366 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Economic ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Development AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE INTERLOCAL AGREEMENT AMONG THE CITY OF MIAMI, MIAMI-DADE COUNTY, AND THE MIDTOWN COMMUNITY DEVELOPMENT DISTRICT TO ADD THE MIDTOWN MIAMI COMMUNITY REDEVELOPMENT AGENCY AS A PARTY TO THE AGREEMENT. 05-00366-resolution.pdf 05-00366-exh i bit. pdf 05-00366-summary form.pdf 05-00366-pre resolution.pdf 05-00366-pre interlocal agreement.pdf 05-00366-pre interlocal agreementA.pdf 05-00366-pre interlocal agreementB.pdf 05-00366-schedule 1. pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0345 Chairman Sanchez: And we go to RE.2. Laura Billberry (Acting Director, Economic Development): RE. 2 is a related item. This item is an amendment to the existing interlocal between the County, the City, and the Midtown City ofMiami Page 73 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 CDD(Community Development District), and this is to add the Midtown CRA (Community Redevelopment Agency) as a party to that agreement. Commissioner Winton: So moved. Chairman Sanchez: All right. There's a motion by Commissioner Winton. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. Any discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City ofMiami Page 74 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 DISCUSSION ITEMS DI.1 05-00450 DISCUSSION ITEM Office of the City DISCUSSION AND POSSIBLE RESOLUTION REGARDING A POSSIBLE Attorney SETTLEMENT IN THE MATTER OF NATIONAL ADVERTISING V. CITY OF MIAMI. (BILLBOARD LITIGATION) 05-00450-email.pdf DEFERRED A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to defer item DI.1 to the Commission meeting currently scheduled for January 23, 2005. Chairman Sanchez: Madam Clerk, is there any other items that we could take care of this morning, before we come back at 2: 30 for -- to address the PZ (planning & zoning) items? Priscilla A. Thompson (City Clerk): You still have Discussion Item 1 and Discussion Item 3. Commissioner Allen: Discussion Items 1-- Commissioner Winton: D -- Chairman Sanchez: Discussion Item 1. Jorge L. Fernandez (City Attorney): Yeah. Discussion Item Number 1 is that item that I put on every agenda in hope that one day soon we may bring to the Commission a settlement on the billboard litigation that's pending. I can tell you that we're very close, but nothing yet to report, so this item needs to be continued. We'll take care of putting it on next agendas. Commissioner Winton: So moved. Vice Chairman Gonzalez: Second. Chairman Sanchez: All right. There's a motion to defer DI.1 to the next PZ meeting. 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. DI.2 05-00385 DISCUSSION ITEM Office of the City REQUEST FROM MIAMI-DADE COUNTY ELECTIONS DEPARTMENT TO Clerk CHANGE THE CITY OF MIAMI'S GENERAL ELECTION DATE. 05-00385-cover memo.pdf 05-00385-county letter.pdf 05-00385-city letter.pdf 05-00385-memo.pdf 05-00385-county letter2.pdf 05-00385-invoice.pdf DISCUSSED City ofMiami Page 75 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 A motion was made by Commissioner Allen, seconded by Vice Chairman Gonzalez, and was passed unanimously, to direct the City Attorney to draft appropriate legislation to reschedule the City ofMiami General Election currently scheduled for November 8, 2005, to take place on November 1, 2005 and come back within two weeks for Commission consideration of same. Chairman Sanchez: And we move on to the consent agenda, but -- Commissioner Regalado: Mr. Chairman. Chairman Sanchez: -- before we do that, before we move to the consent agenda, there is something that we'd like to take out of order, and we do have with us today Lester Sola, who is the -- Commissioner Regalado: Supervisor of Election. Chairman Sanchez: -- Supervisor of Election, who is here, and I know that he has to get on a plane and leave, and he's here to give us a report, and I know that report is good news for us, because there's significance savings to the taxpayers of the City ofMiami, so without any further delay, we want to make sure you get on your plane. Welcome to City Hall, and a pleasure to have you here, sir. Lester Sola: Mr. Chairman, good morning. Thank you very much, Commissioners. I want to thank you for taking the item out of order. I know the Commission has a lot of items before it, and I appreciate the courtesy. Commissioner Winton: We need your name for the record. Mr. Sola: My name is Lester Sola, Miami -Dade County Supervisor of Elections. I come before you today asking you for -- basically, to take action on an agenda item before you, changing your election date from November 8, 2005 to November 1, 2005. I do that for two reasons. One of which is to make sure that the County, who's having elections for other municipal elections during the first of November for a third of the registered voters in the County, it would be easier for Miami -Dade County and for my office, and in order for us to ensure that we take every possible step that the elections are programmed and tabulated correctly, it's important that we use our resources the best possible way, and the way we can do that is by having city elections, municipal elections aligned on the same date. Doing so for the City ofMiami will save the tax -- your taxpayers approximately $28, 000. Those are two obviously very important points. As you all may have questions, and I'll be more than happy to address them. The County is in the process -- and it's no secret -- the County's in the process of reviewing its current election system. We are confident that the current system works. We are taking every possible step and every possible measure to ensure that the elections that are being conducted are verified against the audit data that's available before we certify any elections. There have been issues that had been raised in the media with regards to the counting of signatures. That is a concern that I share. The Reformed Coalition and I, we share many of the same goals. We all want an election that the residents ofMiami-Dade County and the residents of your city, when you have your elections, can be proud of and feel that those elections were held fairly; having said that, we are in the process of reviewing the system. If we can, in the future, change election systems and, by doing so, gain two things: reduce costs, as well as increase voter confidence, then it would be wise on the portion ofMiami-Dade County, for all of its residents, to go in that direction. I've been requested by my county manager to provide a report to him by the close of business tomorrow. I am sure that we'll be able to meet that deadline, and once we do that, I can -- if there's any questions with regards to any possible changes, I can come and address the -- the Commission as well. City ofMiami Page 76 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: All right. Thank you so much. It comes to the Commission. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Mr. Chairman. Mr. Sola, I -- you have the toughest job in the world now because you have to make a recommendation that will impact the lives of many people, but as you say, voter confidence is paramount here, and my question is, do you -- you weren't here when the machines were brought, but do you agree, in principle, with the report of the Election Reform Coalition? Mr. Sola: It is a very detailed and long report. We received the report yesterday. Prior to actually receiving the formal report, we have had -- I have had discussions with the Reform Coalition, and the concerns that the -- quite frankly, that they raise is -- there are two issues: One, there was one machine, out of 6, 000 machines that were used in November of 2004, that had a malfunction. It behaved as it was supposed to. It basically provided the audit data. It preserved the audit data, so the votes were there; they were never in question as to whether they were missing. The Department has taken additional steps to be able to confirm audit data against tabulated results to make sure that they match. The issue with the signatures, which is a significant point that the Reform Coalition makes, is one that is being conducted. The counting of the signatures that is done at the polling locations is one that, quite frankly, is done as a cursory review. It provides us a one -- first -glance opportunity to say, is there a problem here with this precinct. What is not in the report is that we actually -- after the election night, we actually go through and scan every signature on those registers, so we have a more accurate number of people that came to vote, and those numbers -- the use of the cursory, the final compared against the results is what we actually used to make sure that we have no voter fraud. Do I share a lot of their concerns? Absolutely. Are we going to improve upon the training? Absolutely. That is my job. I have the toughest job in Miami -Dade County, I believe, probably next to my county manager, who oversees me, but I'm not afraid of it. It is a hot seat. I know there comes a lot of responsibility with it, but quite frankly, I'm honored by the fact that I was provided the -- with the leadership before it, so -- Commissioner Regalado: One final question. For us in the City ofMiami, of course, we will -- I'm sure that the Commission will accept your logical request, but our issue with the former supervisor was the early voting sites. In the City ofMiami, we used to have several voting sites, and then in the last elections, there were only two. Come November, being that this is an important election in several cities, including the City ofMiami -- and probably we have a referendum also in the ballot -- would it be possible to have more early voting sites in the different regions of the City ofMiami? Mr. Sola: Early voting -- Commissioner, you're absolutely correct. Early voting is a -- has really expanded significantly the opportunities for voters to come and vote. I share your concern in making sure that we provide enough early voting sites to the residents of the City ofMiami so they can come out and vote. Having said that, the -- there is a potential referendum for a countywide election, so if that -- if our mayor is successful in getting that initiative onto the -- basically, for the countywide election, I would have to work with the City ofMiami, your administration, to make sure that we provide enough early voting sites so that your residents feel comfortable in coming out to vote, so my commitment is to work with you and your administration to make sure that that takes place. Chairman Sanchez: All right. Any other questions on it? Hearing none, I think the appropriate action we need to take is we need to vote on changing the date to -- Jorge L. Fernandez (City Attorney): No. Chairman Sanchez: -- to -- City ofMiami Page 77 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Mr. Fernandez: Mr. Chairman. Chairman Sanchez: Yes, sir. Mr. Fernandez: If my -- Chairman Sanchez: It has to be done through a resolution, an ordinance? Mr. Fernandez: Well, the -- we may have an issue with -- what you need to do at this time is direct us to -- if you are of a mind to acquiesce to his request to move the election date to November 1, then instruct us to bring back to you the appropriate ordinance and/or resolution, because our Charter requirements may put you in a position of having to have an ordinance change, and then a resolution calling for the election; all of that we need to look at, and we certainly can bring it to you within two weeks, which would still be timely, but the appropriate action for you -- Chairman Sanchez: All right. Mr. Fernandez: -- right now would be to direct us -- Chairman Sanchez: All right. Mr. Fernandez: -- if you agree to the change. Chairman Sanchez: Need a motion to direct the City Attorney to prepare the proper legislation to be brought forth -- back to the Commission for approval. Commissioner Allen: So move. Chairman Sanchez: There's a motion by Commissioner Allen. Commissioner Regalado: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. It is open for discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, say "nay." Hearing none, motion carries. Thank you so much. Mr. Sola: Thank you, Commissioner. Chairman Sanchez: So to come back -- Mr. Sola: I just want to make sure that I thank Priscilla; she's done a fine job, and she's really worked with us incredibly well -- Chairman Sanchez: Thank you so much. Mr. Sola: -- leading up to this election. Chairman Sanchez: And the best of luck to you, sir. Mr. Sola: Thank you. City ofMiami Page 78 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: All right, so two weeks from now, we should have legislation in front of this legislative body to take the appropriate action. DI.3 05-00473 DISCUSSION ITEM City Manager's REPORT ON MURAL REGULATIONS. Office 05-00473-summary form.pdf DISCUSSED Chairman Sanchez: What other item, Madam Clerk? Priscilla A. Thompson (City Clerk): DL3. Chairman Sanchez: D -- Commissioner Winton: Report on mural regulations. Joe Arriola (City Manager): That's administration. Chairman Sanchez: DL3, what do you -- Mr. Arriola: We're -- we are working on it with Commissioner Winton and the rest of the Commissioners. I would like to defer this item until we get a little further on this thing. Chairman Sanchez: But we are making progress, Mr. City Manager. We're very close from finalizing something so we could come to an agreement? Mr. Arriola: I sure hope so. Commissioner Winton is smiling, Commissioner Gonzalez -- Chairman Sanchez: He is a happy camper. Mr. Arriola: -- is smiling -- Commissioner Winton: I'm growling over here. Mr. Arriola: -- and I am frying to get something done -- Chairman Sanchez: All right. If -- Mr. Arriola: -- but it's not easy. Chairman Sanchez: By the next Commission meeting, we should have maybe already the created ordinance, then it would require to go to Planning and Zoning or -- where would it go next? Commissioner Allen: Pardon me? Mr. Arriola: It doesn't go anywhere. Commissioner Winton: It might be going to Ocala. Mr. Arriola: Well bring it in, but I'm -- you know, again, Commissioner Winton has a lot of issues and -- City ofMiami Page 79 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: All right. Motion -- Mr. Arriola: -- Commissioner Gonzalez has a lot of issues. We're working on them. Chairman Sanchez: Thank you for that brief report on this item. Vice Chairman Gonzalez: Very brief. Chairman Sanchez: All right. There was no action taken. It's just a discussion item, and it's just basically a report. OK, Madam Clerk, is there anything else? Ms. Thompson: No, sir. Chairman Sanchez: All right. Listen, thank you so much for being so patient this morning in allowing us to go through this voluminous agenda. It is, by far, the most voluminous agenda we've had since I've been the Chair. We want to fry to get out of here by six, and there are a couple of items in PZ (planning & zoning) that will require some time, and of course, we want to give these items as much time as possible so people do not ever complain that we're denying them a due process or a process to state their arguments in front of this legislative body, but we will be back sharp at 2:30, and then we'll start with the PZ items, so thank you so much, and the meeting is in -- Vice Chairman Gonzalez: Recess. Chairman Sanchez: -- recess right now, and we will be back at 2:30. Thank you. Mr. Arriola: Commissioner -- Commissioner Allen: Mr. Chairman. Mr. Arriola: There is one little item, if we can take it right before. Commissioner Allen: Yeah. Mr. Arriola: CommissionerAllen's item that has not been cleaned up yet. Commissioner Allen: Right, asking your indulgence, Mr. Chairman. It's a small item. Ms. Thompson: I'm sor -- Commissioner Allen: I'm sorry. Ms. Thompson: -- procedurally -- Commissioner Allen: Yes. Ms. Thompson: -- we need to reopen. Commissioner Allen: Yes. Ms. Thompson: We need to reconvene. Chairman Sanchez: All right. Wait, wait, wait, wait. All right. There was one item that we left out, so we did recess the meeting. We got to call the meeting back to order, so the City ofMiami Commission is back in order for one more item, and then we should be in recess for lunch. All City ofMiami Page 80 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 right. Commissioner Allen, you're recognized for this item. Commissioner Allen: Yes. It's my understanding, Mr. Chairman, I've just been apprised by the City Manager that if we could take up a small item before we start the PZ (planning & zoning) items this afternoon. It should take no more than five minutes, at the most. Chairman Sanchez: Absolutely. Commissioner Allen: I don't think it's quite ready. Chairman Sanchez: At your request, yes, sir. Commissioner Allen: OK. Right. That's correct, Mr. City Manager? Mr. Arriola: Yes. Chairman Sanchez: OK. Mr. Arriola: Well do it. We just need to get clean copies and all that. I don't want to rush you now. Let's just recess and we'll open it without -- Commissioner Allen: Good. Mr. Arriola: If that's OK with you -- Chairman Sanchez: All right. We'll allow that item -- Mr. Arriola: -- I would appreciate it. Chairman Sanchez: -- at 2:30, then we'll go into the CRA (Community Redevelopment Agency), and then we'll start with the PZ items. Commissioner Allen: Right. Chairman Sanchez: Thank you. Mr. Arriola: That'd be great. Commissioner Allen: Thankyou. Chairman Sanchez: All right. The meeting is -- Commissioner Allen: Thankyou, City Manager. Chairman Sanchez: -- officially in recess, and we'll be back at 2:30. City ofMiami Page 81 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 PART B PZ.1 05-00406 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE PARAMOUNT PARK PROJECT, TO BE LOCATED AT APPROXIMATELY 728 BISCAYNE BOULEVARD AND 225 NORTHEAST 7TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A 756-FOOT, 68-STORY HIGH MIXED -USE STRUCTURE CONSISTING OF APPROXIMATELY 467 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 120 HOTEL ROOMS; APPROXIMATELY 12,947 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 818 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. 05-00406 Legislation.PDF 05-00406 Exhibit A.pdf 05-00406 Exhibit B.PDF 05-00406 Exhibit C SUB.PDF 05-00406 Analysis.PDF 05-00406 Zoning Map.pdf 05-00406 Aerial Map.pdf 05-00406 Miami -Dade Aviation Dept Review.PDF 05-00406 HEPB Reso.PDF 05-00406 Pre -Application Review Comments.PDF 05-00406 School Board Review.PDF 05-00406 PAB Reso.PDF REQUEST: Major Use Special Permit for the Paramount Park Project LOCATION: Approximately 728 Biscayne Boulevard and 225 NE 7th Street APPLICANT(S): Panelinios, Limited APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Recommended approval with conditions* to City Commission on January 4, 2005 by a vote of 5-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on April 20, 2005 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow the development of the Paramount Park Project. City ofMiami Page 82 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Allen R-05-0348 Direction to the Administration by Commissioner Winton to explore ways to address the lack of parking and green spaces during the review process of major use special permits, perhaps having developers pay a fee if they cannot provide adequate green space within their property, which revenues the City can use to purchase land for parks. Chairman Sanchez: We start with PZ.1. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.1 is a Major Use Special Permit for the Paramount Park project. This is located at 728 Biscayne Boulevard and 225 Northeast 7th Street. This is to construct a 68-story high mixed -use structure; it'll have 467 multifamily residential units, 120 hotel rooms, and approximately 12,947 square feet of retail space, with 818 parking spaces. The project was recommended for approval by the Planning Advisory Board and approval, with conditions, by the Planning Department. Since the Planning Advisory Board meeting, there was -- there were some miscalculations in their project data sheet, which they have corrected. That was a condition of the PAB (Planning Advisory Board), so we can eliminate condition 14 from the approval, and they've complied with what was 11A, so that is -- that's also complied. We recommend approval with the remaining conditions. Chairman Sanchez: All right. Madam Applicant, are you prepared -- Adrienne Pardo: Hello. Chairman Sanchez: -- to make your presentation? Ms. Pardo: I'm prepared. Chairman Sanchez: Please proceed. Ms. Pardo: Hello. My name is Adrienne Pardo, with law offices at Greenberg Traurig, 1221 Brickell Avenue. I'm here today on behalf of the property owner, Royal Palm Miami Holdings, L.L.C. With me here today is Nick Wigoda, who's with Royal Palm, as well as the architects of record, Arquitectonica. With me today is Chloe Keidaish from Arquitectonica, as well asAllegra Parisi, and we also have our traffic consultant, as well as our economic consultant, my associate Javier Avino. This particular project is in the SD-6 zoning district. It's right across from the American Airlines Arena, and it's on Biscayne Boulevard, between Northeast 7th and 8th Street. It's an entire city block, and in the rear is Northeast 2nd Avenue. We're before you for a Major Use Special Permit. As Lourdes had mentioned, the project is requesting approval for 467 residential units, with 120 hotel rooms, and 13,000 square feet of commercial retail. Chairman Sanchez: All right. Is there any opposition on this item? Seeing none, hearing none, I believe it has recommendations from the -- Slazyk: Yes. Chairman Sanchez: -- entire staff. Is there a motion? Commissioner Winton: I have a question, though. City ofMiami Page 83 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: Why don't we make -- yes, sir. Commissioner Winton: The issue that we're facing as we go forward -- and it's an issue that we're going to be dealing with in Miami 21; there's a number of them, but one specifically that I'm thinking about right now is green space requirement, and as we continue to build more high-rises in this whole kind of downtown district, which is going to be -- there's going to be a lot of high-rises, and we know that we're terribly short of park space. We also know that our current Code -- and I always use Four Seasons as the example, but Four Seasons has that beautiful deck on like the 7th or 10th floor, whatever it is -- Slazyk: Yeah. Commissioner Winton: -- and that counted as their green space requirement. Ms. Slazyk: Correct. Commissioner Winton: And it doesn't work, from a public standpoint -- and I know we're going to address this in Miami 21, but it seems to me that as a part of the MUSP (Major Use Special Permit) approval process moving forward, can't we do something differently, beginning now, and the real answer is going to be -- because the folks building these high-rises don't -- you can't -- you're not going to use enough land on your own site to create any useable park space -- Slazyk: Correct. Commissioner Winton: -- and so we need to be able to buy land; land's going to be very expensive, and it seems to me that, some way or another, we ought to very quickly move forward with a process where the developers, as a part of their process, they got to pay into a fund that's going to allow us to buy land to build parks on -- Slazyk: I -- Commissioner Winton: -- all of these high-rises. Ms. Slazyk: -- agree, yeah. Yeah. The way it's -- the requirements are now for the downtown districts, it's an open space requirement, not necessarily green, and that's why they've been able to use their amenity -- Commissioner Winton: Right. Ms. Slazyk: -- levels, but a green space requirement with a payment, if they can't provide it on site, is a great idea, and we could bring something back to you quickly. Commissioner Winton: I think -- Ms. Slazyk: Yeah. Commissioner Winton: -- because we need -- and, frankly, I don't think the developers are going to be opposed to this concept because it's -- if we have more park space downtown, you're going to have greater demand -- Slazyk: Correct. Commissioner Winton: -- and people buying these units are going to be ask -- they're going to all start asking the question one of these days soon, "Where the hell am I going to go when I get City ofMiami Page 84 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 outside my building? Where can Igo throw a Frisbee? Where can I walk my dog? Where can I run around? Where can I" -- and the answer's going to be, '7 don't know," and that's not the right answer, so I don't think we're going to get a battle from the development community over this, but we need to move it fast. We need to capture as many of these as we can right now, and we shouldn't wait until Miami 21's over with. Ms. Slazyk: OK. We'll bring something back quickly. Commissioner Winton: OK. Chairman Sanchez: All right. This is a modification to the resolution, correct? Is there a modification to the resolution? Ms. Slazyk: Yeah. The modification is to eliminate condition 14, and to replace the Exhibit C in the development order with the corrected one since -- that was submitted after PAB. Chairman Sanchez: All right. Ms. Slazyk: Other than that, it's approval. Chairman Sanchez: So the maker of the motion -- Commissioner Winton: So move. Chairman Sanchez: -- and the second -- Commissioner Winton: Yes. Chairman Sanchez: -- agree on that modification? Commissioner Winton: Yes. Chairman Sanchez: All right. We're missing two Commissioners, so -- Ms. Thompson: And -- Commissioner Winton: You only need the three of us. Ms. Thompson: And you don't have a second on the motion, yet. Commissioner Winton: Second. Chairman Sanchez: And we don't have a second on the motion. Commissioner Regalado: I'll second. Chairman Sanchez: All right. There is a motion by Commissioner Winton, second by Commissioner Regalado. Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Congratulations. Ms. Pardo: Thank you very much. City ofMiami Page 85 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: OK. PZ.2 05-00407 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE PARK LANE TOWER PROJECT, TO BE LOCATED AT APPROXIMATELY 345 NORTHEAST 32ND STREET, MIAMI, FLORIDA, TO CONSTRUCT A 437-FOOT, 33-STORY HIGH MIXED -USE STRUCTURE CONSISTING OF APPROXIMATELY 143 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 19,839 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 16,310 SQUARE FEET OF RETAIL AND RESTAURANT SPACE; AND APPROXIMATELY 342 TOTAL PARKING SPACES, INCLUDING TANDEM SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 86 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 05-00407 Legislation.pdf 05-00407-exhibit A.pdf 05-00407 Exhibit B.pdf 05-00407 Exhibit C SUB.PDF 05-00407 Analysis.PDF 05-00407 Zoning Map.pdf 05-00407 Aerial Map.pdf 05-00407 Pre -Application Review Comments.pdf 05-00407 School Board Comments.pdf 05-00407 Miami -Dade Aviation Dept Review.pdf 05-00407 PAB Reso.pdf 05-00407 Fact Sheet.pdf 05-00407 Cover Page.PDF 05-00407 Table of Contents.PDF 05-00407 Article I - Project Information.pdf 05-00407 Letter of Intent.PDF 05-00407 Major Use Special Permit Application.PDF 05-00407 Zoning Write-Up.PDF 05-00407 Aerials.PDF 05-00407 Zoning Atlas.PDF 05-00407 Project Data Sheet.PDF 05-00407 Corporate Document.PDF 05-00407 Computer Tax Printout - Deed.PDF 05-00407 Ownership List.PDF 05-00407 Directory of Project Principals.PDF 05-00407 Article 11 - Project Description.PDF 05-00407 Article III - Supporting Documents.PDF 05-00407 Minority Construction Employment Plan.PDF 05-00407 Traffic Impact Analysis.pdf 05-00407 Site Utility Study.PDF 05-00407 Economic Impact Analysis.PDF 05-00407 Survey of Property.PDF 05-00407 Drawings Submitted.pdf REQUEST: Major Use Special Permit for the Park Lane Tower Project LOCATION: Approximately 345 NE 32nd Street APPLICANT(S): Park Lane Towers, LLC APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on April 20, 2005 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow the development of the Park Lane Tower Project. City ofMiami Page 87 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0349 Chairman Sanchez: OK. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.2 is a Major Use Special Permit for the Park Lane Tower project. This is in the Wynwood/Edgewater NET (neighborhood Enhancement Team) District. It's at 345 Northeast 32nd Sfreet. This is in order to construct a 33-story mixed use structure with 143 residential units, 19,839 square feet of office space, 16,310 square feet of retail and restaurant uses, and approximately 342 parking spaces. This one also, like the first one, they had to correct -- made a correction on Exhibit C since the Planning Advisory Board hearing, which they have submitted. We're recommend -- and they've complied with condition 11. Therefore, we're recommending approval with conditions that 11 and 12 be removed since they've complied, and it's been recommended for approval by the Planning Advisory Board, subject to the same conditions. Chairman Sanchez: All right. Now, we don't have a quorum, and the hits just keep on coming. Commissioner Winton: No, we do. Commissioner Regalado's right there, so that counts. He's in this chambers, and we have a quorum. Ms. Slazyk: We do. Chairman Sanchez: All right. Madam Applicant, you may proceed. Adrienne Pardo: Hello. My name is Adrienne Pardo, with law offices at 1221 BrickellAvenue. I'm here today on behalf of Park Lane Towers LLC. With me here today is Asi Cymbal, one of the principals of Park Lane. Also with me here today is Kobi Karp, architect of record, and Chad Oppenheim, design architect. We also have our traffic engineer, Richard Eichinger with us, as well. This particular project is located in the R-4, SD-20, and 20.1 district. It's located off of Biscayne Boulevard, between 32nd and 33rd Sfreet, and in the rear is Northeast 5th Avenue, on the east side. This project, as well, is a total city block, and what we've done here is we've incorporated -- we have a residential building with 143 residential units, where it is permitted to have 216; they have 73 less, and along with it, they've lined the ground floor on Biscayne Boulevard with retail, and then above the retail, they have some office units in front of the garage, so the garage is fully lined. We've sought to incorporate all the principles that the City has been incorporating over the last two years, with regards to lining the garage, having retail on the ground floor, the loading bay is interior, and we're very excited. We've had great responses from the various boards that we've attended, and we would request -- we have the architects here to make a full presentation -- Chairman Sanchez: No. Ms. Pardo: -- or we're here to answer any questions that -- Chairman Sanchez: All right. Ms. Pardo: -- you may have. Chairman Sanchez: Thank you. Is there anyone in opposition? It's a public hearing. Anyone from the public wishing to address this Commission, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, and we bring it back to the Commission. City ofMiami Page 88 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Need a motion and a second for the purpose of discussion. Motion by Commissioner Winton. Is there -- Commissioner Regalado: Second. Chairman Sanchez: -- a second? Second by Commissioner Regalado. Purpose of discussion. Commissioner Winton: Yeah. Chairman Sanchez: Commissioner Winton. Commissioner Winton: I have a question. Is this site vacant? Ms. Pardo: Yes, it is. Commissioner Winton: There are no structures on this site? Ms. Pardo: Yes. Ms. Slazyk: Yeah. Commissioner Winton: I'm sorry? Ms. Pardo: Yes, it's totally vacant. Commissioner Winton: OK. Because -- and I want to put this on the record for people to hear in the future. There's a lot of neat houses in this district that are all going to get, eventually -- the way our plan has worked heretofore, they're all going to get bulldozed, which is awful, and I'm going to, as a part of a MUSP (Major Use Special Permit) approval, if there are interesting houses on these sites, they're going to do assemblage in Edgewater. I'm going to require the developer to pay for the cost to move that house, working with Dade Heritage Trust probably, and there's a couple of other entities that have been working on it, but there was recently a house moved into -- I think it -- I don't know -- I think it went into Liberty City, didn't it? Ms. Slazyk: I think there was one -- it was actually just east ofI-95. Commissioner Winton: Yeah, so anyhow, that's where I'm headed, so this doesn't impact you all on this project, but I wanted to be on the record for people to start thinking about and listening to because I'm going to make that a condition of approving MUSPs on projects in Edgewater, so that we can save the quality housing; move it to neighborhoods that really could use it anyhow, so you end up with a win/win. Ms. Pardo: Right. Chairman Sanchez: All right. Commissioner Winton: That's all I have, and so we -- the motion is to approve this. Chairman Sanchez: All right. There's a motion and a second for approval. It is a resolution. The public hearing has been opened and closed. There's no opposition on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, the City ofMiami Page 89 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 motion carries unanimously. Ms. Pardo: Thank you very much. PZ.3 05-00408 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE BAYVIEW MARKET PROJECT, TO BE LOCATED AT APPROXIMATELY NORTHEAST 17 STREET AND NORTHEAST 2ND AVENUE; 51 NORTHEAST 17TH TERRACE; 59 NORTHEAST 17TH TERRACE; 65 NORTHEAST 17TH TERRACE; 67 NORTHEAST 17TH TERRACE; 69 NORTHEAST 17TH TERRACE; 75 NORTHEAST 17TH TERRACE; AND 79 NORTHEAST 17TH TERRACE, MIAMI, FLORIDA, TO CONSTRUCT A 140-FOOT, FOUR STORY HIGH MIXED -USE STRUCTURE CONSISTING OF APPROXIMATELY 653,659 SQUARE FEET OF RETAIL SPACE (14,325 SQUARE FEET OF WHICH IS STREET SIDE); APPROXIMATELY 24 TOTAL LOFT RESIDENTIAL UNITS; AND APPROXIMATELY 2,360 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. 05-00408 Legislation.pdf 05-00408 Exhibit A.pdf 05-00408 Exhibit B.pdf 05-00408 Exhibit C.pdf 05-00408 MUSP Analysis.pdf 05-00408 Zoning Map.pdf 05-00408 Aerial Map.pdf 05-00408 Pre -Application Review Comments.pdf 05-00408 School Board Review Comments.pdf 05-00408 PAB Reso.pdf 05-00408 Special Exception Fact Sheet.pdf 05-00408 Special Exception Analysis.pdf 05-00408 ZB Special Exception Reso.pdf 05-00408 Variance Fact Sheet.pdf 05-00408 Variance Analysis.pdf 05-00408 ZB Variance Reso.pdf 05-00408 MUSP Fact Sheet.pdf 05-00408-Submittal.pdf REQUEST: Major Use Special Permit for the Bayview Market Project LOCATION: Approximately NE 17th Street and NE 2nd Avenue; 51 NE 17th Terrace; 59 NE 17th Terrace; 65 NE 17th Terrace; 67 NE 17th Terrace; 69 NE 17th Terrace; 75 NE 17th Terrace; and 79 NE 17th Terrace APPLICANT(S): BDB Miami LLC, Owner/Contract Purchaser, F&C Kochen, LLC and Sylvia Whyte Mfg Co and Abacus Advisory & Consulting Corp. City ofMiami Page 90 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 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 April 20, 2005 by a vote of 8-0. ZONING BOARD: Recommended approval with conditions* on March 14, 2005 of the special exception by a vote of 7-0 and variance by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the development of the Bayview Market Project. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0350 Chairman Sanchez: We move to PZ.3. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ (planning & zoning) -- Chairman Sanchez: PZ.3 is a Major Use Special Permit, Bayview Market. Ms. Slazyk: Yes, this is for the Bayview Market project. It's located on 17th Street, just south of the Miami Cemetery. It's been recommended for approval by the Planning Advisory Board, approval by the Planning and Zoning Department. There are several conditions that were attached to this one. Regarding some design -related comments in the loading bay areas to the east of the building need to be screened from view of the sfreet. The pedestrian sidewalk shall be maintained with consistent recognizable pattern and height, which will continue across the vehicular entrances, and then some landscape -related conditions regarding the shade trees on 2nd Avenue. The project is in order to construct a 653,659 square feet of retail space, of which 14,325 square feet is at sfreet side, and it will also include 24 total loft residential units, and the parking will be approximately 2,360 spaces. This is a vertical shopping center, the first of this kind in this area, and it's proposed to be 140 feet tall. It did consist of a various request, which was recommended for approval by the Zoning Board, and again, with those conditions, we recommend approval. Chairman Sanchez: All right. Is there anyone in opposition? Commissioner Allen: Opposition, yes. Chairman Sanchez: All right. It's a public hearing. Anyone from the public wishing to address this Commission, please step forward and be recognized. Sir, have you been sworn in? Saul Cimbler: Yes, I have. Chairman Sanchez: OK, sir, please state your name for the record. Mr. Cimbler: For the record, my name is Saul Cimbler of Strategic Consulting Group, located at 409 West Hallendale Beach Boulevard, Hallendale, Florida. I'm a zoning consultant, and I have registered as a lobbyist on behalf of Steven Goodman of Ierin Associates, which is located at 35 Northeast 17th Terrace and 41 Northeast 17th Terrace, which, incidentally, are the properties that are immediately adjacent to the western part of this 2 million square foot development. I'm here to discuss the variance application within the MUSP (Major Use Special City ofMiami Page 91 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Permit), as well as the incompatibility of the design with the surrounding neighborhood, specifically, my properties -- my client's property, which is located next door. The variance application doesn't meet the City or the common law standard for variance. Chairman Sanchez: I'm sorry, what was that? Mr. Cimbler: The variance application does not meet the City or the common law standards -- Chairman Sanchez: The common law standards. Mr. Cimbler: -- for a variance. Commissioner Allen: City or the common law. Mr. Cimbler: It's a simple case that involves a hard and fast rule and land use law. If you don't have a hardship, you're not entitled to a variance. You have an applicant who comes to you before today because they would like a variance, and that's awfully nice, but they're not entitled to it because they don't have a hardship, let alone a hardship that was not self-created. The -- as these cases come before the Commission, the common law standards are incredibly high, and this application doesn't meet them. Under the common law standards, a variance seeker must show that without the variance, it is virtually impossible to use the land as it is presently zoned; the variance seeker must also show that the claimed hardship is not self-created or self-imposed. The law requires that the owner not be able to use the entire property without the variance in order to qualify for it, and finally, unless all variance criteria had been met, the variance can't be granted. Simply put, the application doesn't meet the incredibly high common law criteria. Furthermore, Section 1903.2 sets forth the City Code requirements for granting a variance. The City's requirements conform with the common law standard of hardship and each, individually, each of the criteria must be met. The first criteria, which is set forth in the ordinance and is then repeated in Section 17 of the application for a variance, requests and requires that special condition -- that the applicant establish that special conditions and circumstances exist, which are peculiar to the land structure or building involved, and which are not applicable to other lands, structures, or buildings in the same zoning district. Here, with the Bayview Marketplace project, this is a C-2 property, the same as many others in the area. There's really nothing special about the configuration of the property that requires an additional 20 feet in height, and that is the issue before you today. Chairman Sanchez: Twenty feet in height is the issue? Mr. Cimbler: That's correct. Commissioner Allen: Right. Mr. Cimbler: They're entitled to 120 feet. This applicant does not seek to stop the project, but -- the objector, rather, doesn't seek to stop the project. Their problem is, this applicant is entitled to 120 feet and is seeking a variance for 20 feet. In addition, when we get to the compatibility issues, you'll see why, given this particular property, this MUSP application is a tremendous problem to him. Here in the application, the petitioner claims that the special circumstances are "the national standards for urban structures such as this, projecting an additional number of parking spaces." The national standards test, they state, does not rise to the level of hardship. Here, they're not saying anything more than, ladies and gentlemen of this Commission, of the staff we want 20 additional feet. There's no legal criteria to give it to them. The second prong of the City's own ordinance requires that the special conditions and the circumstances requiring a variance do not result from the action of the petitioner. Here, the petitioner clearly is self-imposed the requirements. They have this mythical national standard, which I would proffer to you, basically, means that they're frying to say they want to have as much parking as they can City ofMiami Page 92 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 because it's a big box center, and big box centers attract a lot of people, and they want a lot of parking. That doesn't meet the criteria. The petitioner doesn't even, in any shape or form, address the special circumstances that are created because it's obvious that they aren't. Commissioner Allen: All right. Mr. Cimbler: If you find -- and I think you must, at the imposition of the requirement of national standards is self-imposed, then you can't grant the variance. Commissioner Allen: Right. Mr. Cimbler: The next prong -- Chairman Sanchez: Can I just stop you? Mr. Chairman, just for clarification purposes. We're also considering an appeal of a variance; is that your argument right now? Chairman Sanchez: No, no, no. There's no -- Commissioner Winton: No -- Commissioner Allen: That's not on the table, is it? Commissioner Winton: -- no, no, no, no. Lucia Dougherty: No. Mr. Cimbler: No Chairman Sanchez: No. Mr. Cimbler: The variance would actually be considered -- Commissioner Allen: No. Mr. Cimbler: -- as part of the MUSP. Commissioner Allen: Right, so -- Commissioner Winton: This -- Mr. Cimbler: So the two things that we'll be talking about are the compatibility issues -- Commissioner Allen: Right. Mr. Cimbler: -- and the variance issue, and there is a tremendous interplay in this round between both of those. Commissioner Allen: OK. Right. I just wanted -- because -- Chairman Sanchez: Right. Commissioner Allen: -- you were touching on that issue. Mr. Cimbler: The third prong of the ordinance asks that the applicant establish that literal interpretation of the provisions of the Zoning Ordinance deprives the applicants of rights City ofMiami Page 93 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 commonly enjoyed by other properties in the same zoning disfrict under the terms of the Zoning Ordinance, and would work unnecessary and "undo hardship" on the petitioner. Here, the petitioner is not being deprived of any rights commonly enjoyed by other property owners in the same disfrict, but rather seeks special exemption for height requirements. The petitioner, in its application, doesn't address whether it needs the special treatment in order to enjoy rights commonly enjoyed by other property. The petitioner simply provides a self-serving statement that without the variance and the additional parking, the project would be "deficient," again referring to those national standards that they seek to self -impose. This doesn't live up to the strict common law standard for issuance of a variance. The next prong that the Commission -- that the applicant needed to meet, which it didn't, is that granting a variance request which conveys the same treatment to the individual owner as to owners of other lands, buildings, or structures in the same zoning district. Here, granting the variance would permit the petitioner with a C-2 height limitation that govern other properties in the same disfrict. In order to ensure that the City conveys the same treatment to other owners in the same district, the City would be required -- and this is where a lot of attention needs to be given -- the City would be required to grant similar variance to other owners of properties in the disfrict, and that means, when the next folks come by in the disfrict and ask for a variance, this Commission's going to be very hard-pressed to say "no" because they've just set a precedent, which in the appellate courts, is going to be followed. The applicant on this prong basically states that the project will better the community and will improve the project because it will provide for exfra parking. If the additional parking, I stress to you, is so important and so necessary for survival of the project, the petitioner could have foregone some of the six thousand, five hundred and thirty-three, six hundred and fifty-nine square feet of retail space in this 2 million square feet of construction. The other prong -- and there are two prongs left that the applicant had to overcome before the City staff could even accept this application -- was that the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. It's clear that they could do something else with this property. They could build the building. It's 120 square feet, so the variance simply is not required by -- Commissioner Winton: A hundred and twenty square feet's -- Mr. Cimbler: -- the petitioner -- Commissioner Winton: -- a pretty small building. Mr. Cimbler: A hundred and twenty -- thank you for correcting me, Mr. Winton -- is not required for the petitioner to make reasonable use of the land, and there are other things that they can do. Finally, the last prong that this applicant had to meet, before staff could accept the application, is that the granting of the variance is in harmony with the general intent and purpose of the Zoning Ordinance, and is not injurious to the neighborhood or otherwise detrimental to the public welfare, or here, granting a variance of 20 feet of additional height involves granting a variance, not of half a foot over what they want or a foot, you're talking about increasing the height by 16.7 percent over that which is required; not only is it a variance, and the math is simple. If you divide 20 by 120, you'll get that number. You're talking about not only a variance; you're talking about a massive variance. They're not saying, you know, we came up a little short. What they've basically done is said, "Hey, we've designed the building" -- as Frank Sinatra would say -- "our way, and we want you to approve it, " and the applicant, once again, basically sets -- simply cites the requirements and states that the application makes it -- meets it without offering any proof thereof. I next would invite your attention to Section 135 of the City Code, and 1 -- Section 135 of the City Code sets forth certain design criteria, and we have certain exhibits that we're going to go through to talk about this, which are standards of review when determining whether to issue a special permit, which, in this instant, is the MUSP application itself. The section lists eight criteria. I don't plan on addressing all of them, as I did with the variance. I understand you have a very long calendar today, but only a couple that directly affect my client's adjacent property, and which are glaringly sub par, and I'm going to City ofMiami Page 94 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 take a couple seconds to set up some exhibits so we can do that. Jorge L. Fernandez (City Attorney): Mr. Chairman. Chairman Sanchez: Yes. Mr. Fernandez: Commissioners, just a point of order. I had an emergency; that I had to be away from the dais when this item was first called. I just came back, and I see a full presentation on the merits of the appeal. Chairman Sanchez: There is no appeal. Mr. Cimbler: This is the MUSP. Chairman Sanchez: It's not an appeal. Mr. Fernandez: Oh, all right. Chairman Sanchez: This is no appeal. Mr. Cimbler: This is item number 3. This is -- Mr. Fernandez: Oh, number 3. I'm sorry. Mr. Cimbler: So you get a little feel for what we're talking about. This right here is the back of the Bayview Marketplace project. You're going to see the front in a while, and I, too, ifI was the architect, would be showing this. This is a project that has already come through the process called the Park Lofts. These two buildings right here are the Filling Station project, which has an item that is asked to be heard as item number 7 today. What is basically happening is my client's property is right here. He owns 12,500 square feet. You're going to see that this developer has designed a project that makes it absolutely detrimental to my client's use of the property. This, once again, and all these drawings so far are coming right out of the MUSP book. This is one of two drawings that, on November 8, 2004, was signed off as the Planning Department. There is some ambiguity as to what really is going to go on here, because when you look at the drawing, one of them says that, well, there's some footplates here. We don't know what's going to go in there, but on the same day, there's another one that says, to and behold, there's a Home Depot coming, so we don't know, first of all, what's coming there. More importantly, when you look at the plans that are presented by this developer -- Commissioner Winton: You're not supposed to know what's coming. Mr. Cimbler: -- you'll notice that they made reference to Lot 9, as a "proposed expansion loading area, " and I would invite your attention to this drawing in your book because you'll notice that there are some geometric drawings there, and I didn't do too well in geometry; that's why I'm not an architect, but it's clear that they discussed and tried to give the impression, as this came through the boards, that Lot 9 was part of the determinations that were made for traffic circulation. Small problem; Lot 9 is owned by Jerin & Associates, the objector today. This developer doesn't own that, so when you look at what came through, it's clear to somebody who looks at it with a naked eye that they think that all the traffic circulation issues are internalized in this property, which they are not. When you see what's really going on in this area, you'll now understand what some of the objections are, and we're going to get to the point in a minute. Commissioner Winton: Well, I hope so. City ofMiami Page 95 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: So, sir, the 20-feet variance is not the only concern your client has? Mr. Cimbler: That's not the only concern. Commissioner Allen: Right. You're -- Mr. Cimbler: There's (UNINTELLIGIBLE) Commissioner Allen: Comp -- right. You're discussing the -- internalizing the loading dock; that's what you're -- Mr. Cimbler: Loading and the traffic -- Commissioner Allen: Right. Mr. Cimbler: -- and the traffic circulation. Commissioner Allen: Yes, right. Mr. Cimbler: This is a document, this one here. This is probably a deed -- DDA (Downtown Development Authority) document. You've seen it before, Downtown Development Authority, but this document right here is a document that came out of a document that has been presented by the developers a "traffic study," and the inference that the developer fried to make at the planning level and at the zoning level is "Hey, a planning -- a traffic study was done; the City's traffic analysis looked at it; there's no problem here." I'd invite your attention to this document. The document that they used, first of all, when you read it, you know -- you understand that, in fact, this area doesn't require a traffic study for concurrency. This is a redevelopment area. The traffic study was done solely for purposes of trying to figure out if the internal distribution of the property, the applicant's property, was sufficient. It didn't establish that there aren't traffic issues, which they [sic] are. As we know, we saw it from Downtown Development Authority, and for all those who read the Miami Herald, we know that the area -- Chairman Sanchez: Sir, it's backwards. Mr. Cimbler: There you go. Thank you, Commissioner. -- that the area through here is being inundated with construction. What's happening is that all of this construction, when the developers come here, and in the Edgewater, in the Park Loft area, they say, "Hey, don't worry about it. We've got Biscayne Boulevard and we've got Northeast 2nd Avenue, and we've got North Miami Avenue that we're going to use to throw off traffic," which will come to a point that's internally inconsistent. The Herald highlighted 90 projects. I would call to your attention to the conspicuous absence of the Bayview Marketplace project. That's not on here. I would call to your attention to all the projects that didn't need -- Commissioner Winton: I don't -- Mr. Cimbler: -- a Class II Permit. Commissioner Winton: -- think this is relevant. Mr. City Attorney, could you -- Mr. Fernandez: Yes. Commissioner Winton: -- get focused here? Mr. Fernandez: Yes. City ofMiami Page 96 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Winton: You know, he's -- I don't even know what he's talking about anymore. He's talking about the fact that somebody didn't show something on something that is irrelevant to whatever we're doing here, so could you keep him focused so we can move along. Commissioner Allen: Right, so, ifI may, the only issues we're discussing right now, your concern is the internalizing of the loading and the fraffic issues; that's what you're -- Mr. Cimbler: Which I'm trying to get to, ifI can -- Commissioner Allen: OK. Mr. Cimbler: -- continue, because what happens is that, as all this traffic heads down south on Northeast 2nd Avenue, on Biscayne Boulevard, on North Miami Avenue, you then have now this project that comes in that, quite frankly, they didn't think about what the effect is. This is the project. Hold on a second. I know this is difficult to read. My assistant is going to hand out, including to Ms. Dougherty, a copy of this, so that you could see a little bit easier and follow a little bit easier. This is the Bayview Marketplace. "X" marks the spot where my client is. The loading docks delineates the same loading docks that I spoke about before. You have the Park Loft project and the Filling Station project, which are the ones that I identified here. The way that this developer has done traffic and circulated fraffic into this building is incredible. You have to come in off 14th Street -- and there's only one way to get into this 2 million square foot monster. You go in on a one-way sfreet, you go over to this sfreet right here, which is on the east -- on the south side of the property, and that's your only point of egress for automobiles, and the reason we make that conclusion, you'll see in a second, because if you look at the pictures, there's no way to turn a fruck up this sfreet. The only way to come out of this project is, once again, you come now not back out to this sfreet, but you can only go out to Northeast 2nd Avenue. Pictures B, C, and D represent 2nd Avenue. Commissioner Winton: Mr. City Attorney, may I ask another question, please? Mr. Fernandez: Yes. Commissioner Winton: Is -- I'd like to know if the gentleman doing the presentation is a traffic consultant expert. Commissioner Allen: Yeah, because he's testifying as an expert. Mr. Fernandez: Well, when he was sworn, he put his credentials on the record. I don't know the gentleman. I don't know what credentials he has, but then again, the Commission is to take his testimony, given his credentials, and then you weigh it, whether it's -- Commissioner Winton: So I would like to know -- Commissioner Allen: And respectfully, I don't -- Commissioner Winton: -- what his credentials are relative to traffic. Commissioner Allen: Yeah, but respectfully, I think he's just making common sense arguments as to traffic, not expert opinion. Mr. Cimbler: That's correct, Mr. Allen. Commissioner Allen: It just seems based on my observation. Mr. Cimbler: And it's -- City ofMiami Page 97 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Allen: -- my observation. Mr. Fernandez: You give it -- you give to his argument the weight that you deem appropriate. Commissioner Allen: Right. Mr. Cimbler: And the common sense argument is that you have a one-way street that's supposed to accommodate traffic to fill up a 2 million square foot center that's coming in several times a day. There's 2,630 square feet, and all those cars are coming out to Northeast 2nd Avenue. Commissioner Allen: A reasonable person, I should say. Mr. Cimbler: Now -- which would a reasonable person would say. Commissioner Allen: I would say a reasonable person testimony. That's what you're doing. Right. Go ahead. Mr. Cimbler: Yes, sir. Thank you, Mr. Allen. Now, let's talk about how this all impacts. Let's get to the meat of the argument, because I know Mr. Winton's losing patience with us, butl need to make the presentation. You have 650,000 square feet of retail space. There're going to be trucks coming in and out, in and out. How are they going to get in there? They're not going to get in here through this one-way street; they're going to come -- the only way they can come is down North Miami, turning into this one-way street right in front of my client's facility, and I would invite your attention, specifically, to this picture E because you're going to see that even today, before all of this consfruction, there's nowhere to get -- there's almost impossible to get in and out of there. There're going to be trucks constantly coming in and out, and what's interesting is what's across the street. Across the street you have the same projects we talked about, the Park Loft project and the Filling Station project, so you're doing two things here. Number one, there's no consideration given to my client's operation of a business, so there's no misunderstanding, this client -- he's not a developer, he's not a land owner; he's a printer. In 1999, before anybody was concerned about redeveloping this section of Omni, Jerin Associates put their proverbial money where their mouth is. They bought a dilapidated product -- project -- property for $200, 000; they spent $300, 000, and they have a beautiful printing facility there. Now, you have developers who are coming in and saying, "You know what? Too bad. Our desire to develop is more important than your vested property rights," so you have an applicant who's come in and who refuses to deal with this person's property. In your packet, you have a letter confirming the attempts that he has made to go to the developer. Applicant's not saying don't build this thing; saying build the thing that doesn't negatively impact me, and that's what's going on here. This developer refuses to do that. Fortunately, the law is on the app -- this objector's side, because the law says you can't grant that variance for all the reasons that are stated, and the law that the MUSP requires says that before you grant that MUSP, you have to make sure that what they're doing is compatible with the neighborhood, and if putting in their loading docks there in front of three condominium towers -- and there are more coming -- these folks who think that they just bought $1.5 million unit are going to be looking at the dumpsters in the loading area. Those folks are going to come back here to this Commission one day and one way or the other and say, "How was it possible that you permitted the loading docks on this project to be placed, not in the back where the cemetery is, where it's not going to bother us, where it's not going to affect our value, " just as this applicant is saying, "You're going to destroy my business. You're destroying the value of my property." I did not buy this property. I didn't redesign this property to be in a fruck depot. Even there today, with only the consfruction of the Park Loft projects, it is very difficult to get in and out of this property. Chairman Sanchez: In conclusion. City ofMiami Page 98 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Mr. Cimbler: In conclusion, 1305.8 says that you must-- and there has to be satisfaction with this criteria -- review for appropriateness shall be given to potentially adverse effects generally on adjoining and nearby properties -- which is what this one is -- of the use or occupancy as proposed or it is -- or its location construction, design, character, scale, or manner of operation where such potentially adverse effects are found, consideration "shall" -- emphasis added -- be given to special remedial measures appropriate in the particular circumstances of the case, including control of manner, of operation, alteration of proposed design or construction of buildings, relocation of proposed open space, or alteration of use of such space, or such other measures as are required to assure that such potential adverse effects will be eliminated or minimized to the maximum extent reasonably feasible, and that the user occupancy will be compatible and harmonious with other development in the area to a degree which will avoid substantial depreciation of value of the nearby property. In conclusion, what you basically have is a size 12 shoe, and they're trying to put in a size 9 -- a size 12 foot, and they're trying to put in a size 9 shoe, and it may be Guc -- a pair of Gucci loafers, but that size 12 foot still isn't going to fit in there, and that's the point here. Build a project that's 120 feet high. Build a project that puts the loading docks, not where it's going to affect the buyers of $1.5 million condominiums, but do it -- or my -- more importantly, my client who's trying to operate a business, this Commission has the obligation to follow the MUSP law, has the obligation to follow the requirements for a variance, so therefore, I would state that the application fails to meet the very strict criteria for permitting a variance found both in the City Code and in Florida case law; therefore, I ask that you deny the variance request within the MUSP application. I also ask that you deny the MUSP application because it fails to comply with Section 1305 of the City Code that requires compatibility with surrounding neighborhoods. To the extent that the applicant will be -- make a presentation, I would like to reserve time for rebuttal regarding new arguments. Chairman Sanchez: All right. Commissioner Allen: Mr. Chairman, ifI may. Chairman Sanchez: Could -- why don't -- Commissioner Winton: No. Commissioner Allen: Yeah, I was going to -- right. Chairman Sanchez: You have a direct question or -- Commissioner Allen: Yeah, I know -- no. Actually, I just want to sort of-- if we can sort of expedite things -- Chairman Sanchez: Yes. Commissioner Allen: -- I just was going to ask Madam Lourdes -- I'm sorry, not Lourdes. Madam, just to go directly to just address two or three issues that he made, and that way -- Commissioner Winton: No. She's got to do her full presentation. Chairman Sanchez: Presentation. Commissioner Winton: -- presentation. Ms. Slazyk: Technically -- Commissioner Allen: Right. City ofMiami Page 99 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Winton: She hasn't done her presentation, so -- Chairman Sanchez: Yeah, she hasn't done her presentation. Ms. Slazyk: -- you took them out of order. She was -- Chairman Sanchez: Yeah. Commissioner Winton: Right. Ms. Slazyk: -- supposed to present first -- Commissioner Allen: That's what I thought, right. Ms. Slazyk: -- then the opposition, and then -- Commissioner Allen: That's why -- Ms. Slazyk: -- she gets rebuttal, and since you asked for opposition first, she didn't even get to make the presentation. Commissioner Allen: Presentation, right. That's why -- Chairman Sanchez: And I do apologize. That's why I want to give her the opportunity now to present her presentation. Mr. Cimbler: Commissioner Sanchez, just as a point of order. I'd just like to give a copy of this to the Clerk, and make it a part of the record -- Chairman Sanchez: Yes, sir, please do. Mr. Cimbler: -- which, as a courtesy, is the same. Chairman Sanchez: For the record. All right. I apologize, Lucia. Lucia Dougherty: Thank you very much, Mr. Chair, members of the board. Lucia Dougherty, with offices at 1221 Brickell Avenue, here today on behalf of the owner and the applicant. With me is Frank Rosenblum, Jeff Weil, and Ignacio Garcia, who are the principals, as well as the architectural firm of Will & Perkins, and they'll make a presentation that'll be very brief. We are asking for a Major Use Special Permit for which we also sought a variance and a special exception. The special exception was to allow us to have 24 loft units that would line our parking garage and hide it. The variance was for 20 feet in order to accommodate emergency vehicles in the garage. This is probably the most unique building in all of the City of Miami. There is only one other in the entire United States at this point, and that's in San Francisco. It is a true urban retail center. There aren't any others like it. It's one that actually internalizes all the cars. It's not suburban, where you have the cars outside on the ground. It's internalized. The loading is internalized. We have 2,400 cars. There are only four stories in this building. The first floor must be 25 feet tall in order to accommodate the emergency vehicles. The next floor has to be at least -- the ramping and the other stories require this variance. Again, the garage is totally lined with 24 units that is a very unique circumstance. How many retail centers do you have that have residential lining? The downstairs is a retail -- service retail. In terms of the location of this particular retail center, could you get a better location in terms of all the residential uses all around? It's going to service the Opera tower, the Cardinal development, 1800 Club, Quantum, all of these residential districts -- residential projects, huge residential City ofMiami Page 100 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 projects that have no place to shop. I, for one, live on Brickell Key and will be shopping here because the only other place that you can shop is on 8th and 8th. Then we have the Filling Station lofts, which are across the sfreet, the Park Lofts, the loft departments that are occurring over here, David Lombardi, that you've just approved last City Commission meeting. You have lots of residential and no place to shop, and why is this a perfect location? Look it, you have a Metrorail. People can actually get here by Metrorail. You can walk two blocks over to here. You're going to have your trolley car running down the side on the FEC (Florida East Coast) Corridor. It's absolutely perfect for a retail center. He's talking about residential uses going to be complaining about it. We have that residential developer. Henry Harper is here today, and can testify that they are completely supportive of this because it enhances their residential building. In terms of what it does to Jerin's property, I'm going to pass out a picture of Jerin's property. His building is the one that has absolutely no windows facing this property. It is a one-story building with no windows. We have totally internalized all of the loading. The garbage, actually, for the restaurants -- in other words, on that side of the building is only refuge, meaning paper products. Any kind of garbage for restaurants is actually located on the opposite side of the entire site, and I'm going to ask the architects to come forward, and then I'd like a brief presentation, if you don't mind, Mr. Chair, from the traffic planner, because that was the issue that was raised, but I'm going to have Pat Bosch -- Chairman Sanchez: And once again, I do want to apologize for taking you out of order. Therefore, you had the opportunity to make your presentation. Of course, you would have had to make your argument. Sir, you stated time for rebuttal. There is no rebuttal from your side. All right. You may proceed. Pat Bosch: Good afternoon. I'm Pat Bosch from Perkins & Will. As Lucia was pointing before, we have internalized all the circulation. The loading is completely internalized and will not be visible from the units because it's actually under the mass of the building. We have smaller retails lining 2nd and 17th that will energize that sidewalk. Actually, we have pushed the building beyond what we were requiring in terms of setbacks in order to really activate that sidewalk and create activity not only for the adjacent neighborhood, but for those who will come either from the Performing Arts Center, but also from the adjacent neighborhoods. We do have treated all the facades, including the one on the cemetery side, not only with landscape, but also facade -wise. We have created -- it says we have here -- all the window treatments to go through, and then on the cemetery side, we have landscape on the bottom, as well as a series of gardens being resembled, as you can see here. Also, that you have also landscape on that side, so what you see from the cemetery side will be a continuation of that garden, and would not be detrimental to that view. Also, to be able to make sure that the residences again, adjacent to it, have the privacy. We have treated the facade with the spandrel glass and the glazing that we see on the units you can see here on 17th and 2nd, but again, it will allow for privacy for this unit because there is no use behind them. Commissioner Allen: All right. Ms. Bosch: Internal -- vehicular circulation will actually come through 17th Terrace, directly into the building, and we have worked diligently with staff to ensure that we don't have that traffic that was being mentioned before, service -wise, you would also come and, again, internalize all of the turnarounds of the trucks inside a screened area that is almost 20 feet high, so again, you don't even see it from the sfreet. Commissioner Allen: I see, right. Ms. Bosch: All the uses, all of the services, everything have been internalized, and what we want to create is a place in the city with an atrium that is about 12 stories high, centered to the building that would allow for fascinating views to the downtown area, as well as up north, all the way through the building because it's almost a balcony to the city, so you will be able to look City ofMiami Page 101 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 back and have energy there internalized, as well. Commissioner Allen: OK. Yeah. Just -- before she steps away, I see, sum and substance of what you've just said is that, it appears to me that you've addressed the issue of any potential adverse effect on the adjoining property. In fact, it appears to me you guys have done something to enhance the beauty or -- of any adjoining property, based on what you've just said, so OK. Ms. Bosch: And worked diligently with the owners, again, of the future adjacency properties. Commissioner Allen: And you've addressed the issue of internalizing the loading, as well. Ms. Bosch: That's correct. Commissioner Allen: Good, OK, and the traffic. Got you. Thank you. Ms. Dougherty: There is -- before Juan Espinosa, from David Plummer, who's our fraffic engineer, speaks, I want to also put on the record that the client has offered to actually sandblast and fix up the gravestones in the cemetery, and if you can see, he sensitively treated the cemetery with as much landscaping on that side as he did on the other side, so -- Commissioner Allen: Yeah. It's a beautification project, in fact, yeah. Ms. Dougherty: It is. We happen to have -- we have approvals from the internal design review, the Urban Development Review Board, the Planning -- Commissioner Allen: Right. Ms. Dougherty: -- Board, and the Zoning Board, and with that, I'd like Juan to -- Juan Espinosa: Good evening. Juan Espinosa, with David Plummer and Associates, 1750 Ponce De Leon Boulevard. I'm the fraffic engineer for this project. We conducted a fraffic impact study in accordance with the City's standards, and it was found to be sufficient, with review by the City and the City consultant, URS (United Research Services). I just wanted to point for the records that the site has two entrances to the parking garage. The main entrance will be on 2nd Avenue, completely aligned with 17th Terrace; both of those streets are two-way. There's another entrance and exit to the parking garage on 17th Street that roughly align with Northeast 1st Court. Northeast 17th Street currently is a one-way street. However, in the City master plan, the transportation master plan that was adopted by the City, it's to be converted to two-way, and we analyzed it both ways, one-way and two-way. Under both circumstances, the level of service for this project are within the City's standards. Chairman Sanchez: Thank you, sir. Ms. Dougherty: In case you all don't know -- and you may already know this -- but when we submit our traffic plan, we also have to submit a $4,500 check that goes to the City's fraffic consultant so they can review our plan, so it's not only been reviewed by our fraffic consultant, but it's also been reviewed by the City's traffic consultant. Commissioner Allen: Thank you. Ms. Dougherty: With that, we would close and urge your approval of this -- Chairman Sanchez: All right. Ms. Dougherty: -- project. City ofMiami Page 102 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: Coming back to the Commission. If the Commissioners have -- Sir, you have no rebuttal on this. Commissioner Allen: Right. Mr. Cimbler: I know, but to the extent that you took it out -- Chairman Sanchez: There is no rebuttal. Mr. Cimbler: -- of turn -- Chairman Sanchez: No, sir. We took you out of turn, and we apologize. You had your opportunity to state your record. You've made your record. Mr. Cimbler: I'm asking for 90 seconds, that's all. Chairman Sanchez: No, there is no rebuttal. All right. We come back to the Commission. If the Commission has any questions on either side, you could ask the questions. Commissioner Allen: Well, just a quick summary. I think the outstanding issues here, they've been answered, and it appears that we have placed on the record substantial and competent evidence to that extent, so I'm ready to vote on the item myself. Chairman Sanchez: All right. Commissioner Winton. Commissioner Winton: I would add thatl can't think of a more important project that's going -- than this project that's going in an area that has been awful, awful, awful for decades. Commissioner Allen: Right. Commissioner Winton: And this project, unlike all these residential projects we're seeing developed, what this project brings are jobs because all of these retailers have to hire people that need a job, and those jobs are going to get filled by residents who are living in the City of Miami, and we heard the Mayor say just the other day that unemployment in our city has been cut in half, which is just absolutely amazing, but there's more opportunity here. This isn't just another condo development. This is one of the best looking projects I've ever seen, where we end up with significant re -- we don't have any retail, so we're getting more retail, we're getting more jobs, and they're building a project that's just absolutely -- you couldn't ask for something better in terms of how it's really interacting with a neighborhood that's just been the pits. It's going to be the anchor that's going to make that whole area really take off so with that, I would move -- Commissioner Allen: Move the item. Ms. Slazyk: Approval. Commissioner Winton: -- approval. Ms. Slazyk: Let me just -- Commissioner Winton: Sorry. Ms. Slazyk: Let me ask that one thing to the record. Commissioner Winton: Yes. City ofMiami Page 103 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Ms. Slazyk: One of the findings that you are supposed to make as a Commission is whether this has a positive impact on the economy of the City. There are over 2, 500 jobs being created by this project, so just -- Chairman Sanchez: All right. Are there any conditions? Ms. Slazyk: Yes. The conditions are -- Chairman Sanchez: Could you put them on the record? Ms. Slazyk: Well, there's a lot of them. The only ones that have to do with design, I read at the beginning when I presented the item, so I would recommend approval with the conditions in the development order. Commissioner Winton: So move. Chairman Sanchez: All right. There's a motion by Commissioner Winton. Is there -- Commissioner Allen: Second. Chairman Sanchez: -- a second? Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Allen. It is open for discussion from the Commission. Hearing no discussion, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." It passes. Ms. Dougherty: Thanks very much. PZ.4 04-00576a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, RESOLUTION NO. 04-0419, PER ARTICLES 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE METROPOLITAN MIAMI PROJECT, LOCATED AT APPROXIMATELY 200 SOUTHEAST 2ND STREET; 200 SOUTHEAST 3RD STREET AND 300 SOUTHEAST 3RD STREET, MIAMI, FLORIDA, TO ALLOW A CHANGE IN THE APPLICATION FROM 736,700 SQUARE FEET OF NON-RESIDENTIAL FLOOR AREA AND 3,716 PARKING SPACES (AS IN ORIGINAL RESOLUTION 98-1151 AND MODIFIED BY RESOLUTION NOS. 02-1249; 04-0276; AND 04-0419) TO APPROXIMATELY 259,361 SQUARE FEET OF NON-RESIDENTIAL FLOOR AREA AND APPROXIMATELY 3,328 PARKING SPACES; SPECIFICALLY, A DECREASE IN THE OFFICE COMPONENT FROM 500,000 SQUARE FEET TO APPROXIMATELY 9,000 SQUARE FEET, TO REINSTATE THE ORIGINAL RESIDENTIAL DENSITY OF PARCEL D PREVIOUSLY SHIFTED TO PARCEL C BY THE PREVIOUS APPROVAL (RESOLUTION NO. 04-0419) BACK TO PARCEL D; AND TO PRESERVE THE PREVIOUSLY APPROVED 1,500 MULTIFAMILY DWELLING UNITS ON THE ENTIRE SITE; DIRECTING TRANSMITTAL; MAKING FINDINGS OF City ofMiami Page 104 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-00576a Legislation.pdf 04-00576a-exhibit A.pdf 04-00576a Exhibit B.pdf 04-00576a Exhibit C.pdf 04-00576a Analysis.pdf 04-00576a Zoning Map.pdf 04-00576a Aerial Map.pdf 04-00576a School Board Analysis.pdf 04-00576a Traffic Impact Analysis.pdf 04-00576a Pre -Application Design Comments.pdf 04-00576a Miami -Dade Aviation Dept Reivew.pdf 04-00576a PAB Reso.pdf 04-00576a Fact Sheet.pdf REQUEST: Major Use Special Permit Substantial Modification for the Metropolitan Miami Project LOCATION: Approximately 200 SE 2nd Street; 200 SE 3rd Street and 300 SE 3rd Street APPLICANT(S): MDM Residence, LTD, MDM Retail, LTD, P & G Development Tract C Development, LTD and P&G Development, LTD APPLICANT(S) AGENT: Tony Recio, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Recommended approval of a certificate of appropriateness to City Commission on June 15, 2004 by a vote of - . PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on May 4, 2005 by a vote of 4-0. *See supporting documentation. PURPOSE: This will allow a substantial modification to the Metropolitan Miami Project. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen R-05-0351 Chairman Sanchez: We move on to PZ.4? Vice Chairman Gonzalez: 4. Chairman Sanchez: PZ.4. City ofMiami Page 105 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.4 is a request for a modification to a Major Use Special Permit for the Metropolitan Miami project. This project was originally approved as a single tower here on the Met-3 portion. The applicants, some time ago, requested a modification to replace the single tower with two smaller towers. Now, since that was approved by Commission action, the applicant is now seeking to go back to their single tower; that's why it's back here at the City Commission. In the process of going back to the single tower, they've also redesigned the garage facades in order to conceal the vehicles better, and they've also made some other adjustments to the project. In total, the project is now going to consist of 200 -- OK. The change is from 736,700 square feet of nonresidential floor area and 3,716 parking spaces to approximately 259,361 square feet of nonresidential floor area; 3,328 parking spaces, and they decreased the office component, and then they put back the residential component, so the application has been recommended for approval with conditions. The Planning Advisory Board recommended approval with the same conditions as the Planning Department, except eliminating two of the conditions, which the applicant requested. Condition 11 B talks about the loading area. The Department had recommended that they internalize the maneuvering of the loading. The applicant will present, when he presents the case, why they feel they can't do that. The PAB (Planning Advisory Board) recommended eliminating that condition and replacing it with a limitation on the hours that they could deliver, and requiring a dockmaster to be present. The plans indicate that there would be some backing up required on public right-of-way, and that was our concern. Commissioner Winton: No. Ms. Slazyk: And the applicant will explain why they need to do that. The other condition that the PAB recommended eliminating was 11 C, and this had to do with additional liners that the Department was looking for on the west side -- the west elevation. On the west elevation, they have ground floor retail, then they have a parking garage that's architecturally articulated. We were trying to see if the applicant could add additional liner to that west side. The PAB, again, recommended that that condition be removed, so the Department is recommending our original conditions, and the PAB recommended eliminating two of those. Chairman Sanchez: All right. Mr. Applicant. Gilberto Pastoriza: Good afternoon, Mr. Chairman, Commissioners. Gilberto Pastoriza, 2665 South Bayshore Drive, here on behalf ofMDM who is the owner and developer of the property. Just to cut short, I will just specifically address those two modifications. We are in full agreement with the Planning Department's recommendations, which is to allow us to do -- back up into the loading area. The loading area is all internal, all internal. The only thing that we're doing is, the trucks, as they approach our Track D, OK, as they approach Track D, they will have to make a movement on one of the lanes, and then back into it. I have a bigger blowup, Commissioner, if you want to look at it. All the loading is inside of our property, OK. When you come west on Southeast 2nd Street, the (rucks will have to do this maneuver. That's the only time that we -- but all the loading takes place in here. We're keeping the sidewalk clean. There's going to be continuity of traffic on Southeast 2nd Street, going west and going south, and this will occur -- we agreed that we will do this only off hours, and that we will have a dockmaster 24 hours a day here to supervise any type of (ruck movement whatsoever here, and the reason, Commissioners, that this happen is that we are putting in a Whole Foods store on the ground floor, and as we have progressed with this application, Whole Foods kept adding to their floor plate; kept adding to their floor plate because Whole Foods wanted the entire ground floor for themselves, and obviously, we couldn't do that because then, where would we put the loading? So, we restricted somewhat Whole Foods, and did this, but in restricting Whole Foods, we could not provide the full back up in the property, inside the property. That was -- that's the reason -- and by the way, we've spoken with DOT (Department of Transportation), and this is a DOT road; they have no objections to doing this, so long as we have a dockmaster present. City ofMiami Page 106 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Winton: Who -- the frucks that will be using that loading area, are they the frucks that are going to move people in and out of units also, furniture and everything, or is that just for Whole Foods? Mr. Pastoriza: That's for both. Commissioner Winton: It's for both? Mr. Pastoriza: That's for both, yes. Commissioner Winton: It does everything? Mr. Pastoriza: Yes; and then, with respect to the liners -- Commissioner Winton: And you said that you're going to do -- that you're going to restrict that to what? Mr. Pastoriza: Off hours, not -- we're not going to do anything during peak hours. The -- Ms. Slazyk: The peak is 7 to 9 a.m. and 4 to 6p.m. Commissioner Winton: OK. Mr. Pastoriza: Right. Ms. Slazyk: So they're going to be prohibited from loading during those two times. Commissioner Winton: OK. Mr. Pastoriza: And then, with respect to the liners, the -- one thing that we need -- that I want to point out to you, that normally, the second and third levels of parking occur somewhere above nine feet. They -- you know, you have one story, then second story, the level of parking is at nine feet; the third level is above that, another nine feet. We have a Whole Foods, and the entire ground floor is 25 foot in height, with clear glass throughout and totally activated, so that -- Commissioner Winton: How many square feet is Whole Foods? Mr. Pastoriza: Forty-five thousand plus. Commissioner Winton: OK. Mr. Pastoriza: So it's a pretty big -- you know, pretty big store to serve -- I mean, only in the Dupont Plaza area you're going to have 3,000 units there, so actually, our second and third levels of parking really are more like a third or fourth levels of parking. We have articulated the entire building so that there's never going to be any type of view of the cars themselves because everything is going to be, you know, behind the louvers that I was told by the architect that you cannot even see the lights; you cannot see the cars, and you know, the Planning Advisory Board felt since we already have the 25 feet habitable, well articulated, that just with the architectural articulation that we were doing here, that that was sufficient, so I would respectfully request that you approve this application with the recommendations from your Planning Advisory Board. Chairman Sanchez: All right. Does that conclude your presentation? Mr. Pastoriza: Yes, sir. City ofMiami Page 107 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: All right. Is there anyone in opposition to this item? It's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, it comes back to the Commission. This item is -- had been approved by -- recommended approval with conditions. You want to state -- you've already stated the conditions -- Commissioner Winton: They're already on -- yeah. Chairman Sanchez: -- on the record. OK, is there a motion? Commissioner Winton: Yeah, so moved, and -- but I do have a comment. Chairman Sanchez: All right. Before we discuss -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- the item, we need a second -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- for the purpose of discussion. Madam Clerk, there is a motion made by Commissioner Winton, second by Vice Chairman Gonzalez, and is under discussion at this time. Commissioner Winton: The -- I understand the issue relative to the liners on that west facade, but this is an issue that I've been bringing up more and more often. That still looks like a parking garage pedestal right now, even with the articulation, and I think that -- I'd like to see you guys work with Planning Department a little more. We need to hide these garages downtown, and just plain hide them, and I've said to Planning all along that the only answer isn't just to put liners on these garages because there's certain circumstances under which that just simply doesn't work, but we have to find the appropriate architectural treatment in those cases where the liner -- the liner is the best option, but that doesn't always work, and so -- and where you all are, that is the new heart/epicenter for downtown, and so I think we've got to take, you know, that next step here and do something else with that so that it really doesn't look like a parking pedestal. Mr. Pastoriza: We -- Commissioner Winton: Not liners. Mr. Pastoriza: We will do that. Commissioner Winton: OK. Mr. Pastoriza: We will do that. Commissioner Winton: So that's my request. Chairman Sanchez: All right. There's a motion and a second. The conditions have been said on the record. Ms. Slazyk: And what about the -- Chairman Sanchez: I don't think there's -- Ms. Slazyk: -- loading condition? City ofMiami Page 108 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Winton: The who? Ms. Slazyk: The loading -- Commissioner Winton: I'm fine with that. Ms. Slazyk: So the PA -- Commissioner Winton: I'll accept -- Ms. Slazyk: So you'll go with the PAB recommendation. Commissioner Winton: Yes. Ms. Slazyk: OK. Chairman Sanchez: Yeah, with the PA -- Commissioner Winton: Yeah. Chairman Sanchez: -- B recommendations. All right. Any further discussion? Mr. Pastoriza: And that we further work with staff to -- Commissioner Winton: Yes. Mr. Pastoriza: OK. Ms. Slazyk: Right. Commissioner Winton: Yeah. Ms. Slazyk: So we'll remove -- again, for the record, we're going to remove conditions 11B and 11 C; replace it with the PAB recommendation, and add a condition that the applicant continue to work with the Planning Department regarding the west facade treatment. Commissioner Winton: Yes. Ms. Slazyk: OK. Chairman Sanchez: All right, so there's a motion and a second based on those conditions. Any further discussion from the Commission? It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. Mr. Pastoriza: Thank you. PZ.5 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 City ofMiami Page 109 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 NORTHEAST 15TH STREET AND NORTHEAST 16TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." 04-01388 Legislation.PDF 04-01388 Exhibit A.PDF 04-01388 Public Works Analysis.PDF 04-01388 Public Works Letter.PDF 04-01388 P&Z Analysis.PDF 04-01388 Zoning Map.pdf 04-01388 Aerial Map.pdf 04-01388 ZB Reso.PDF 04-01388 Application & Supp Docs.PDF 04-01388 Fact Sheet 05-26-05.pdf 04-01388-MOU. pdf REQUEST: Official Vacation and Closure of a Street and Alley LOCATION: Approximately NE 1st Court and Alley Located 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. 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-05-0352 Chairman Sanchez: And we move on to PZ.5. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.5 is a request for official vacation and closure of the public right-of-way; it's a portion of Northeast 1st Court, between 15th and 16th Street. This has been continued several times. We're waiting for the Memorandum of Understanding from the School Board, which is their proffer, which we now have, which I will let them put into the record, but I do have a copy, and it's executed, along with Art Noriega, with the Miami Parking Authority. Chairman Sanchez: All right. Ms. Slazyk: So, our recommendation is approval now. City ofMiami Page 110 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: It is approval. Sir, could you state your name for the record, and a brief -- Luis Garcia: Sure. Good afternoon, Commissioners, and Mr. Chairman. I'm Luis Garcia, on behalf of the School Board ofMiami-Dade County, Florida, 1450 Northeast 2ndAvenue, Miami, Florida 33132. Basically, what we're requesting is the closure of a street and an alley that is within the administrative complex for the school district. We own the parking -- a parking garage and an adjacent parking lot, and we're basically just asking for the closure of Northeast 1st Court, which is in between those two. Basically, in the future, we may need to expand the parking area, and that's what we would like to do, and by closing this street, we would have more ability to do that, and more flexibility. We've executed a Memorandum of Understanding with the Miami Parking Authority in order to establish an after-hours parking program in this area, which would serve -- it's for the public use. It would basically serve as -- the Commissioners may be aware that Performing Arts Center is only a couple of blocks away from this facility, and also, the museum park, which is going to be established in the future, would also be served by this after-hours parking facility, and so long as we own the property and we maintain it as a parking facility, we will be using it as a -- we would seek to establish an after-hours parking program with the Miami Parking Authority. Chairman Sanchez: All right. Is there any opposition to this item? It is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed -- Commissioner Winton: Move it. Chairman Sanchez: -- coming back to the Commission. Vice Chairman Gonzalez: Second. Chairman Sanchez: It is moved; it's second. I'm glad to see that we were able to work out something with the School Board. Our biggest concern was that when we turn over that land to you, it must benefit the public, and I'm glad to see that it will provide necessary parking in the downtown area, and in that area as it develop. People are going to be able to use your parking facility -- Commissioner Allen: Right. Chairman Sanchez: -- for the public benefit. Yes, sir. Commissioner Allen: Well, that was my concern. This was a School Board issue. I just want to make sure -- they're getting public land, right, to go forward -- Ms. Slazyk: In the closure of this, it's -- Commissioner Allen: The closure, right. Ms. Slazyk: Yes. Commissioner Allen: For parking, right, and there's no way, shape, or form that, at some time down the road, the School Board will not sell that piece of property going forward to anyone; anyone who wants to expand parking in and around the Performing Arts Center, because my concern is, as I said earlier, I've expressed to the Department of Planning that we're giving up land; are we going to have use to it? I mean, I can understand a public purpose, but we should still have some means of having some benefit, deriving some benefit from it in the way -- Ms. Slazyk: Well, the -- City ofMiami Page 111 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Allen: -- of parking -- Ms. Slazyk: -- benefit is the -- what was executed in the Memorandum of Understanding. It doesn't preclude them from selling their property off -- Commissioner Allen: OK. Ms. Slazyk: -- but as long as they own it and they operate it, this is what the City entered into in this Memorandum of Understanding. Chairman Sanchez: All right. Any further -- Mr. Garcia: Yes. Chairman Sanchez: -- discussion on the item? Hearing none, 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. Congratulations. Mr. Garcia: Thank you. PZ.6 04-01268c RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE ALLEYS LOCATED EAST OF BISCAYNE BOULEVARD, WEST OF NORTH BAYSHORE DRIVE AND BETWEEN NORTHEAST 20TH TERRACE AND NORTHEAST 21ST STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." 04-01268c Legislation.pdf 04-01268c Exhibit A.pdf 04-01268c Plat & Street Comments.pdf 04-01268c Public Works Comments.pdf 04-01268c Planning Analysis.pdf 04-01268c Zoning Map.pdf 04-01268c Aerial Map.pdf 04-01268c ZB Reso.pdf 04-01268c Application & Supporting Docs.pdf 04-01268c Fact Sheet.pdf 04-01268c-Su bmittal. pdf REQUEST: Official Vacation and Closure of Alleys LOCATION: Approximately East of Biscayne Boulevard, West of N Bayshore Drive and Between NE 20th Terrace and NE 21st Street APPLICANT(S): Royal Palm Holdings, LLC and Bacardi USA, Inc., Owners APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire City ofMiami Page 112 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 FINDINGS: PLANNING DEPARTMENT: Recommended approval with a condition*. PUBLIC WORKS DEPARTMENT: Recommended approval with conditions*. PLAT & STREET COMMITTEE: Unanimously recommended approval with a condition* on February 3, 2005. ZONING BOARD: Recommended approval to City Commission on March 28, 2005 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow a unified development site. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0353 Chairman Sanchez: Next item is -- Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.6. Chairman Sanchez: -- PZ. 6. Ms. Slazyk: This is an official vacation and closure of the east end of Bis -- located east end of Biscayne Boulevard, west of North Bayshore Drive, and between Northeast 20th Terrace and 21 st Street. This was part of a project that was previously approved as a Major Use Special Permit. It's been recommended for approval with a condition. The condition has to do with the applicant having shown in their Major Use Special Permit a series of public amenity improvements that are going to be right along the bay in front of the Paramount at Edgewater Square development. This includes landscaping, benches, and lighting. Based on that, we recommend approval. Vice Chairman Gonzalez: All right. Yes, ma'am. Adrienne Pardo: Oh, I'm sorry. My boards -- do I need my boards? This is for an alley closure. We had a Major Use Special Permit before you last month, which was approved for the Paramount Bay project. It's in Edgewater off of Biscayne Boulevard, and -- give me one second. Commissioner Allen: Sure. Ms. Pardo: OK Anyways, we had a Major Use Special Permit, which was approved last month. This item was also supposed to be on that agenda. There was a mix-up, so it didn't get on that agenda, and here we are today. Anyways, that Major Use Special Permit was approved. In order to do the project, we need to have the alley closure approved, and what we're doing is, along North Bayshore Drive, we have a plan to do -- and there was a big discussion of it last month, you may remember, that staff had wanted a driveway off of North Bayshore Drive, and then we discussed in detail all of the improvements we were doing to North Bayshore Drive; that we were improving the seawall across the sfreet; that we're making major improvements, and I have a copy of the plan. Planning Department's approval was subject to these improvements. I put a copy in the record, and I'll give a copy to Planning staff as well, so that they have a copy - Chairman Sanchez: All right. City ofMiami Page 113 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Ms. Pardo: -- and we agree to these conditions. We would request your approval. Chairman Sanchez: OK. Madam Clerk, I believe, it's -- the public hearing has been closed, right? Vice Chairman Gonzalez: No. We haven't opened the public hearing yet. Chairman Sanchez: All right. Is there any opposition to this item? Is there any opposition to this item? It's a public hearing. Anyone from the public wishing to address this item, please step forward. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Is there a motion? Commissioner Winton: Move -- Commissioner Allen: I move the item -- Commissioner Winton: -- with conditions. Commissioner Allen: -- Mr. Chairman. Chairman Sanchez: There is a motion -- Commissioner Allen: Second. Chairman Sanchez: -- to approve, with conditions. The motion has been made by Commissioner Winton, second by Commissioner Allen. It is under discussion now. Any discussion on the item? If not, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. PZ.7 04-00670b RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING OR DENYING VARIANCES FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A STREET FRONT YARD SETBACK OF 0'0" WHERE 10'0" IS REQUIRED; TO ALLOW A SIDE STREET YARD SETBACK OF 0'0" WHERE 7'6" IS REQUIRED; TO ALLOW A SIDE STREET YARD SETBACK OF 0'0" ON CORNER LOT WHERE 7'6" IS REQUIRED AND TO ALLOW A FOOTPRINT OF 22,125 SQUARE FEET, WHERE 16,724 SQUARE FEET IS ALLOWED, THEREBY REQUESTING AN INCREASE OF 13% OR 5,400 SQUARE FEET, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1636, 1646 AND 1650 NORTHEAST MIAMI COURT AND 1653, 1655 AND 1657 NORTH MIAMI AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." City ofMiami Page 114 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 04-00670b Legislation (Version 3).pdf 04-00670b Exhibit A.pdf 04-00670b Legislation (Version 2).pdf 04-00670b Exhibit A.pdf 04-00670b Fact Sheet.pdf 04-00670b Appeal Letter.pdf 04-00670b Analysis.pdf 04-00670b Zoning Map.pdf 04-00670b Aerial Map.pdf 04-00670b ZB Reso.pdf 04-00670b Application.pdf 04-00670b Plans.pdf REQUEST: Appeal of a Zoning Board Decision of Variances LOCATION: Approximately 1636, 1646 and 1650 NE Miami Court and 1653, 1655 and 1657 N Miami Avenue APPLICANT(S): Filling Station Lofts, LLC, Owner and Contract Purchaser and Jersey Ltd. APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire APPELLANT(S): Steven Goodman, Adjacent Property Owner FINDINGS: PLANNING DEPARTMENT: Recommended denial of the variances and approval of the appeal. PUBLIC WORKS: Platting is required. PLAT & STREET COMMITTEE: Platting is required. ZONING BOARD: Granted the variances with conditions* on March 14, 2005 by a vote of 5-2. *See supporting documentation. PURPOSE: The approval of this appeal will not allow the Filling Station condominium with fewer setbacks than required. MOTION A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously to dismiss Saul Cimbler's appeal of a Zoning Board decision, stating the appellant has no standing to raise an appeal. Chairman Sanchez: What's the next PZ (Planning and Zoning) item on the agenda? Lucia Dougherty: 7. Jorge L. Fernandez (City Attorney): PZ.7. Chairman Sanchez: PZ. 7. Oh, my goodness. We're going to be here 'til midnight today. Vice Chairman Gonzalez: Yeah, we are. City ofMiami Page 115 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: All right. Vice Chairman Gonzalez: We are. Chairman Sanchez: All right. Commissioner Winton: That's what he said in the other (UNINTELLIGIBLE) -- Chairman Sanchez: All right. All right. This is a what? Is this an appeal? Lourdes Slazyk (Assistant Director, Planning & Zoning): Yeah. The appellant will -- Chairman Sanchez: Sir, you're the appellant; you go first. Then the applicant, and then you could reserve time for rebuttal, then we'll open up for the public hearing. Saul Cimbler: Thank you, Mr. -- Chairman Sanchez: So this time we're going to do it right. Mr. Cimbler: Thank you, Mr. Sanchez. Chairman Sanchez: All right. Mr. Cimbler: I appreciate that. Mr. Fernandez: Mr. Chairman, before you begin the process, I need to call this City Commission's attention to the fact that, over the past several days, both the appellant, as well as the applicant, have contacted my office with regard to this appeal, and I have, in a very cordial manner, spoken to both of them, but basically, have not revealed to them the nature of my reasoning, or of what my legal opinion is with regard to the merits of their respective positions. In this regard, I -- Ms. Dougherty has raised the issue, or she has raised a very important issue, but I don't believe that I am in a position, as your City Attorney, to rule or to actually have given her a decision prior to my giving to you my legal opinion with regard to the merits of her position. She claims that the appeal -- or she's actually moving -- and my recommendation to you is that, as a matter of procedure, that you would allow Ms. Dougherty to address this Commission with regard to her concerns. Because if you rule in her favor, then there is no appeal actually pending in front of you. Ms. Dougherty, to my atten -- has written a letter to my attention asking that I rule with regard to her motion to dismiss the appeal prior to the appeal being heard, and she raises some very interesting issues, in which I'm ready to give you a legal opinion, butt suggest that, at -- in this particular item, that you first, procedurally, listen to Ms. Dougherty with regard to her claim, and then, if you find no merit in her motion, then you proceed in the proper order, listening to the appeal, and then listening to the -- Chairman Sanchez: All right. Mr. Cimbler: And ifI may be heard on that. Chairman Sanchez: Sir, sir -- Mr. Cimbler: Sir. Chairman Sanchez: -- under the advisement of our City Attorney, I believe that this legislative body can decide what it wants to do. Do you want to go ahead -- Mr. Cimbler: I don't think your microphone is on, Mr. Sanchez. City ofMiami Page 116 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: Yes, it is. Mr. Cimbler: Oh, it is. Chairman Sanchez: I'm sorry. I was just too far. Under the legal advice of our City Attorney, I believe he is requesting that we listen to Ms. Dougherty, and basically, after her presentation is made, or argument is made, we vote -- we determine whether there's merit or no merit in her arguments. Mr. Fernandez: Correct. Chairman Sanchez: So, Lucia, at this time, we're -- I believe we're going to allow you to do that. Ms. Dougherty: Thank you, Mr. Chairman. Chairman Sanchez: And then we'll decide, and if we vote that there is no merit, then we'll proceed with the appellant -- Ms. Dougherty: Thank you, Mr. Chair. Chairman Sanchez: -- or the appeal. Ms. Dougherty: Lucia Dougherty, again, with offices at 1221 Brickell Avenue, here today on behalf of the owner and the applicant, and joining me is Henry Harper, and his architect, Scott Bakos. Mr. Goodman, the appellant, appealed our setback variances that were granted by the Zoning Board. Had he not appealed it, that decision would have been final, but, in fact, he appealed it, and he has an obligation to bring forward certain legal arguments and certain things on the record. The first thing he needs to do is he has to appeal within 30 days; he has to allege grounds for that appeal, how it affects him, and he has to do -- he has to allege and show that the board had no substantial and competent evidence. Well, he can't do that because he had never objected below. There was no record, whatsoever, on which he can base any appellate argument before you today, and I want to just read to you from a case that I cited in my opinion to the City Attorney, and it -- Commissioner Allen: Are we privy to that? Ms. Dougherty: -- deals with a zoning case in which the reviewing agency, which is what you're doing today -- you have to review whether or not there was substantial, competent evidence below, whether there was due process given below, or whether or not they applied the correct law. You can't do that today because there is no record below because he didn't object, and he was there. The transcript, or the record clearly shows that they were there because, on the exact same agenda, was Bayview Marketplace, which he did object to. Right after it, on the same agenda, was Filling Station Lofts, which he never objected to, and there was no issue about notice to Filling Station Lofts, and we have the City staff here, Anel, who can testify that in the record you can see that there's clearly labels to that entity, and there was no issue about whether or not they received notice. I just want to read to you what the reviewing agency said in this particular case. The record of the proceedings conducted by the County, as reflected in the appendix attached to the petition, does not include any evidence as to how the petitioner's interests are affected, or what decision to approve Wal-Mart proposed, and how the decision to approve Wal-Mart is affecting their plan. Commissioner Winton: Wal-Mart? Chairman Sanchez: Wal-Mart? City ofMiami Page 117 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Ms. Dougherty: The record does -- This is an appellate case. Chairman Sanchez: Oh. Ms. Dougherty: I'm just using this as an example. The record does not demonstrate that the petitioner has a legally recognizable interest in which the affected -- by the County Commission decision. It doesn't reflect will the interests of the petitioner might exceed the general interest of the public good. The record doesn't reflect do the petitioners own any (UNINTELLIGIBLE). The record doesn't reflect anything because the petitioner wasn't there, and they had no standing to bring this case in an appellate capacity. If you don't object below -- Commissioner Allen: Right. Ms. Dougherty: -- you can't appeal at a de novo hearing in an appellate capacity. It's called appeal by ambush. You have no idea what they're going to allege. You have no idea how they're going to be affected, and you're not sitting here as a trial de novo; you're sitting here as an appellate review panel, and for that reason, we would ask that their petition be dismissed. Commissioner Allen: Lucia, before you move on, not to disrupt your frain of thought, is that a correct characterization? We sit here a board -- are we sitting here frial de novo? I need to know that. Mr. Fernandez: No. The analogy that would have to give to you is that any decision of this board, when appealed to the circuit court, the circuit court, in its appellate capacity, is limited to the record below. Likewise, any decision of the Zoning Board coming to you by way of an appeal, you, in essence, become the appellate court -- Commissioner Allen: Correct. Mr. Fernandez: -- and you're limited to the record below. Commissioner Allen: Record, right. Mr. Fernandez: The point that Ms. Dougherty has made is that there is no record below -- Commissioner Allen: Below, correct. Mr. Fernandez: -- to which the appellant says that there is -- Commissioner Allen: Right. Mr. Fernandez: -- no record below because he didn't receive proper notice. Commissioner Allen: Right. Mr. Fernandez: To which Ms. Dougherty claims that the issue of notice is either irrelevant or moot because he was present at the meeting, and failed to make, at that point -- Commissioner Allen: I see. Mr. Fernandez: -- any consideration. Commissioner Allen: Correct. City ofMiami Page 118 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Mr. Fernandez: Now, that's a summary of what has -- Commissioner Allen: Exactly. Mr. Fernandez: -- transpired -- Ms. Dougherty: Except for one thing. Mr. Fernandez: I'm sorry. Ms. Dougherty: The issue about whether he received notice was never brought up in this case. It was brought up in the Bayview Marketplace; that's the case in which he alleges he -- Commissioner Allen: But -- Ms. Dougherty: -- didn't have notice. In this case, the City staff can clearly show you that he did have notice. Mr. Fernandez: Correct. Commissioner Allen: But you can always appeal a due process if notice issue, right? Mr. Fernandez: Well -- Commissioner Allen: That can always be -- Mr. Fernandez: -- the -- there is case law that I believe that is controlling in this case, where -- while the general rule is that strict compliance with statutory notice requirement is mandatory and jurisdictional, a contesting party may waive the right or be estopped from asserting a defect in the notice if that landlord appeared at the hearing and was able to fully and adequately present any objections to the ordinance. Commissioner Allen: And that's your argument -- Mr. Fernandez: I believe that that is -- Commissioner Allen: -- that he was present? Mr. Fernandez: -- case law. Mr. Cimbler: That is our argument. Commissioner Allen: I see, good. That clears it up for me, and again, it was not done within 30 days, as well. Ms. Dougherty: No, it was done in 30 days, but their -- he appealed within 30 days -- Commissioner Allen: Right. He did -- Ms. Dougherty: -- but he -- Commissioner Allen: -- do that. Ms. Dougherty: -- offered no grounds, whatsoever. City ofMiami Page 119 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Allen: Correct. Ms. Dougherty: And there is no appellate -- Commissioner Allen: And he had an opportunity to object, and he did not -- Ms. Dougherty: He didn't. Commissioner Allen: -- so he was present, so -- Ms. Dougherty: He was. Commissioner Allen: -- arguably, there's no due process issue. Ms. Dougherty: Correct. Commissioner Allen: I got you. Commissioner Winton: So, Mr. City Attorney, that said then -- Mr. Cimbler: Do I get to respond? Mr. Fernandez: Well, that is Ms. Dougherty's presentation of her motion. Commissioner Winton: No, I was listening to your presentation. Mr. Fernandez: OK, no, no. Mine is a summary of what I believe to be the skinny of the issues - Commissioner Winton: OK. Mr. Fernandez: -- in front. I suggest that, as a matter of, if nothing else, professional courtesy, that you allow the prospective appellant, because his role as appellant has not yet been determined by this Commission, for him to address the Commission with on the issues that Hs. Dougherty has raised. I think that -- Commissioner Allen: Well, that's -- Mr. Fernandez: -- notions of fairness dictate -- Commissioner Allen: I see. Mr. Fernandez: -- that you at least extend him an opportunity, and then, after he makes a presentation, I'll give to you my legal interpretation and my legal advice. Commissioner Winton: Great. Commissioner Allen: Mr. Chairman, ifI may, so is that discretionary whether or not we will allow, the fact that he's lost his right, procedurally, based on what you've said? Mr. Fernandez: It is totally discretionary with you. The way I introduced this is as a matter of professional courtesy. Commissioner Allen: I see. City ofMiami Page 120 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Mr. Fernandez: And this Commission always exercises that -- the maximum with every presenter in front ofyou. Commissioner Allen: Gotcha. Chairman Sanchez: All right. Commissioner Winton: Well, I don't know about that. Commissioner Allen: Thank you. Mr. Fernandez: And so, I think you, in a very limited way, should allow the gentleman to address Ms. Dougherty's concern. Commissioner Allen: Right, which are two -- Chairman Sanchez: Sir, you are recognized, at this time. Commissioner Winton: And a -- Mr. Cimbler: Thank you. Commissioner Allen: -- which are two issues. Which are two basic issues, right. Chairman Sanchez: And a very brief. Commissioner Winton: I understand. Commissioner Allen: Very brief two basic issues. Mr. Cimbler: For the record, Saul Cimbler, with Strategic Consulting Group, the zoning consultant for Jerin Properties. An interesting thing happened; Planning entered its recommendations of denial, and after Planning recommends denial on this project, a red herring is thrown at you, and for those ofyou who have done securities work, you know what a red herring means. It's something to take you off the path of what you should be looking at. Commissioner Allen: Right. Mr. Cimbler: And that's what you have here. This gentleman was here for the Bayview Market presentation at the ZAB (Zoning Advisory Board) hearing on March 14, 2005, and as soon as that hearing was done, he got a phone call from his wife, and he went home. He was not here for the presentation for the Filling Station Loft. The real issue is that he didn't even know about it, and the reason he didn't know about it -- one of the things that in this quickness to expedite this evening's agenda, is the following: it's unconfroverted [sic]; it's on the record at the ZAB hearing that the Hearing Board staff failed to notify him, as required in the ordinance, by sending the letter that was sent to him. He also did not get the letter, and he is here, ready to testify under oath, that he did not receive notice. These are due process issues. He was not there. He didn't even know the Filling Station matter happened until he found out the next day. He was only here for the Bayview product -- he didn't rec -- Bayview presentation. He didn't receive notice of that, but he was there, and as Mr. City Attorney correctly states, because he was at that hearing, he couldn't bring up a notice issue, not that he needed to, in the Bayview presentation, but as opposed to the Filling Station, there's no evidence before you that he was at that presentation. I have given the City Attorney this argument. This is not something they haven't known for the last day and a half because Ms. Dougherty didn't bring up this issue when the Notice ofAppeal was filed 45 days ago. This issue only comes up now that the Department is City ofMiami Page 121 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 requesting denial. I would ask you to look carefully at the motives for bringing that argument now. It's a legal argument that's brought because the Planning Department has failed. There is no question whatsoever that the appeal was properly filed. I invite your attention to the appeal, which in there states we did not receive notice. That's why we're appealing -- Commissioner Allen: OK. Mr. Cimbler: -- Bayview -- Ms. Dougherty: That is not the case. Mr. Cimbler: -- and the Filling Station. Commissioner Allen: All right. All right, wait. Mr. Fernandez: Mr. Chairman. Commissioner Allen: So I can get -- Ms. Dougherty: Absolutely not the case. Commissioner Allen: -- so I can wrap my hands around this factually, what you're saying is that he was here on another issue concerning Bayview; however, the Filling Station Lots [sic] were discussed, and he was never notified as to that. Mr. Cimbler: Correct; that was later in the agenda, Mr. Allen. That's correct. Commissioner Winton: Well, how about letting the City Attorney do what he was going to do, and that is -- Mr. Fernandez: Mr. Chairman -- Commissioner Winton: -- issue an opinion. Mr. Fernandez: -- there -- as I guide you through this morass of arguments, perhaps, assume for a moment that the burden has shifted, and it's now Ms. Dougherty's turn to put evidence on the record that the notice issue -- and with regard to notice, the burden is whether the City mailed it, not necessarily whether the party got it, picked up, opened up his mailbox, or whatever, and so, to that extent, you should shift back to Ms. Dougherty for her to conduct a limited cross-examination or direct examination of the relevant City staff with regard to the notice issue, as this then becomes a critical finding for you. Commissioner Winton: OK. Commissioner Allen: Notice as to the appeal -- Ms. Dougherty: I would like to question Anel. Chairman Sanchez: All right. Commissioner Allen: OK, notice as to the Filling Station, not the Bayview. Ms. Dougherty: Absolutely. Commissioner Allen: Right, OK. City ofMiami Page 122 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Ms. Dougherty: This is only as to Filling Station because there was an issue raised with respect to notice in Bayview, but there's an entirely different applicant. It has nothing to do with Filling Station. Commissioner Allen: Correct. Ms. Dougherty: Not even same parties, nothing. Anel, could you -- Commissioner Allen: OK. Ms. Dougherty: -- have you had a chance to look at the notice? Mr. Fernandez: Has he been sworn, Ms. Dougherty? Ms. Dougherty: You're asking me? Mr. Fernandez: Before he testify, he needs to be sworn. Have you been sworn? Anel Rodriguez: No, I have not. Priscilla A. Thompson (City Clerk): Just as a point of clarification, he's administration; does he need to be sworn? Commissioner Winton: I didn't think so. Mr. Fernandez: Well, he will be providing, for Ms. Dougherty, testimony in her motion, which is outside of the item that's on appeal. Ms. Thompson: Thank you. Mr. Fernandez: This is pre -appeal. Ms. Thompson: Will you 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. Ms. Dougherty: Anel, have you had a chance to examine the notice issue as it relates to the Filling Station? Mr. Rodriguez: Yes, I have. Ms. Dougherty: And what is your determination with respect to notice? Mr. Rodriguez: In respect to notice, the adjacent property owner was notified not only by mail for the Zoning Board, but also the property was posted, and also there was an ad that was circulated in the Miami Herald. Ms. Dougherty: I'm going to show you a agenda of the Zoning Board. It has Items 8, 9, and 10; 8 and 9 deal with the Bayview Market, and number 10 is the Filling Station. I want you to tell me if this is a frue and correct copy of that agenda. City ofMiami Page 123 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Ms. Thompson: Chair, as she's going over, we need the witness to put his name on the record. Chairman Sanchez: Sir, could you state your name and address on the record? Mr. Rodriguez: Anel Rodriguez, Department of Hearing Boards. Yes, this is, in fact, the agenda for March 14 Zoning Board, 2005. Ms. Dougherty: Thank you very much. I have no -- Mr. Cimbler: May I cross? May I inquire? Commissioner Allen: I just have one question. Chairman Sanchez: Wait, wait. Yeah, you could. Commissioner Allen: Oh, I'm sorry. Mr. Cimbler: What position do you have with the Hearing Boards? Mr. Rodriguez: I'm an Administrative Assistant II. Mr. Cimbler: OK. Is it your responsibility to place the letters in the mailbox? Mr. Rodriguez: No, but that's one of my functions that I oversee. Mr. Cimbler: OK, and do you know for a fact that that got placed in the mailbox? Mr. Rodriguez: Yes. Mr. Cimbler: OK. Were you there on the -- are you aware of the fact that the Hearing Boards has admitted that, as to the Bayview project, the notices did not go out to this applicant? Commissioner Winton: This doesn't have anything to do with Bayview, Mr. City Attorney. Commissioner Allen: Yeah. Mr. Fernandez: No, it doesn't. This is limited to the Filling Station. Commissioner Winton: So he should not answer that question. Commissioner Allen: Filling, that's right. That's -- Mr. Cimbler: It's a predicate question. Chairman Sanchez: All right, all right, all right. Listen -- Commissioner Winton: No, it -- Mr. City Attorney -- Mr. Fernandez: Yes. Commissioner Winton: -- is he required to answer that question? This is not about Bayview. Mr. Fernandez: No, he's not. Mr. Cimbler: To the extent that there was a mistake in sending out notice on another agenda City ofMiami Page 124 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 item, being the Bayview, is it possible that there was also a mistake sending it out on the Filling Station? Is it possible? Mr. Fernandez: Again -- Commissioner Winton: Mr. City Attorney. Mr. Fernandez: You know, this is -- Commissioner Allen: Well -- Commissioner Winton: That's a very terrible -- Mr. Fernandez: There is a lot of leeway that's typically -- Commissioner Winton: Yeah. Mr. Fernandez: -- given, but he may answer to the best of his ability, knowing that possibilities are -- you take this as testimony, as competent, substantial evidence the way you deem most appropriate, so you may answer to the best of -- Commissioner Winton: OK. Mr. Fernandez: -- your abilities. Mr. Rodriguez: Yes, there is a possibility. Mr. Cimbler: And you're aware that Hearing Board staff admitted on the record that the notices didn't go out on Bayview? Ms. Dougherty: That is a mischaracterization of what the Hearing Board staff said. Commissioner Allen: Well, it's a direct question. Ms. Dougherty: So I object. Mr. Rodriguez: I disagree with that. Commissioner Allen: It's either a yes or no answer. Mr. Rodriguez: I disagree with that. Commissioner Allen: OK. All right. Just one question. Could you step back to the podium, please? OK. These particular mailings are done regular mail -- I mean, postage -- does this -- this is regular mail, correct? Mr. Rodriguez: Um -hum. Commissioner Allen: And you also said that it was also posted on the building, right? Mr. Rodriguez: Along the property, correct. Commissioner Allen: Along the property. Now, talk about the contents of that posting. What does it talk about? Does it talk about an item that's going to be heard on such and such a date? Does it specify the item, or does it give a generic explanation? City ofMiami Page 125 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Mr. Rodriguez: It's the same notification that is sent by regular mail; it lists a description of the petition, and it also lists the location, the time, and date of the hearing. Commissioner Allen: And so, it did list the Filling Lot [sic], what we're here discussing today? Mr. Rodriguez: The address, correct. Commissioner Allen: OK. Mr. Cimbler: You have a witness. Commissioner Winton: So, Mr. City Attorney -- Mr. Cimbler: Ninety seconds. Mr. Fernandez: Yes. Commissioner Winton: Are we in a position to make a decision now? Mr. Fernandez: Yes. Now, that -- the burden shifted to Ms. Dougherty. Ms. Dougherty, whether she met her burden or not depends on you to make that determination, then that concludes all of the issues that were raised by the proposed appellant. Mr. Cimbler: Well, no, the appellee, actually, is the -- Commissioner Allen: Right, right. Commissioner Winton: So, my view here, based on the testimony -- Mr. Cimbler: Do I get to call my witness or --? Commissioner Winton: -- of our -- excuse me. Why are you interrupting me? Mr. Cimbler: I just have a problem with this man's due process rights being trampled on. Commissioner Winton: Well -- Mr. Cimbler: He has a right to bring a witness up. Commissioner Winton: --I thinkl have the microphone, and if the City Attorney says that's the case, that'll be the case; if he doesn't, it won't be, but in the meantime -- Mr. Cimbler: So noted. Commissioner Winton: -- I had the microphone. The point was making is that it -- that based on the testimony of staff it is clear to me that there has been sufficient notice on this particular item that -- what is he now, he's the appellant? Mr. Fernandez: He would be the appellant if you allow this appeal to go through. Commissioner Winton: So my view here is that he shouldn't have any standing here because there was proper notice, he didn't respond appropriately at the lower chambers, and so I think that -- and you got to help me from a technical standpoint here -- but -- City ofMiami Page 126 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Mr. Fernandez: He has not perfected his appeal. Commissioner Allen: Appeal, right. That's -- Commissioner Winton: Thank you. Commissioner Allen: -- the issue, right. Commissioner Winton: And so, ifI view -- ifI think that, what do I do to perfect my opinion? Mr. Fernandez: Well, then you need to look to Ms. Dougherty and understand the remedy she's asking, or -- what she's asking of you to do is to grant her motion -- Commissioner Allen: That he has no standing. Mr. Fernandez: -- that he has no standing to raise an appeal. Commissioner Allen: Right. Mr. Fernandez: And then just consider -- and dismiss it. Commissioner Allen: Right. Commissioner Winton: So moved. Vice Chairman Gonzalez: OK. We have a motion. Do we have a second? Commissioner Regalado: I second. Vice Chairman Gonzalez: And we have a second. Mr. Fernandez: But that is her request. Commissioner Allen: For discussion. Mr. Fernandez: The motion would have to be made by one of you. Commissioner Allen: Right. Is it open for discussion or --? Vice Chairman Gonzalez: Open for discussion. Commissioner Allen: I just have one observation on this. It appears to me staff has given virtually, at a minimum, two ways in which they distribute notice. They indicated there was a notice, the posting on the building, and the other notice is sent regular mail, and they did indicate that it was pursuant to this particular item, the Filling whatever -- what are we talking about? The Filling Station -- Mr. Fernandez: Filling Station. Commissioner Allen: -- Lot [sic]. Commissioner Winton: And there was an advertisement in the Miami Herald, so it's -- Commissioner Allen: And the advertisement in -- City ofMiami Page 127 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Winton: -- three different methods. Commissioner Allen: -- the Miami Herald, and -- wow, so counsel, I mean, wouldn't you agree that that's -- Commissioner Winton: Why would you ask him that question? Mr. Cimbler: Mr. Allen, to the extent that I could call up a witness, which I've been precluded from doing so, it would maybe shed some light on it. Commissioner Allen: Well, I'm just -- Mr. Cimbler: But the issue -- Commissioner Winton: No. Mr. Cimbler: -- really is simple. Whether the advertisement made the newspaper, which is not an issue here, isn't the question. The question is if that third prong, which is the mailing, made it, and there's no evidence here that the three prongs were met, which are the advertisement -- Commissioner Allen: Well -- Mr. Cimbler: -- the pole advertisement -- Commissioner Allen: -- let me ask counselor -- Commissioner Winton: No, no, no, no, no. Commissioner Allen: -- City Attorney. Must there be three prong met, or just one is sufficient, as long as it's communicated to -- the notices is conveyed. Mr. Fernandez: OK. The issue is that the advertised agenda for the zoning hearing clearly included this item, even on the very same page as the two previous items on which the party here complaining was able to amply participate and testify, so he was on notice, at the very least, when he got to the meeting, that this item was going to be part of the agenda. The -- Commissioner Allen: So he has an affirmative duty to look at the agenda. Mr. Fernandez: But, Mr. Chairman and Commissioners, whether this issue goes on to the courts or not, by way of an appeal, I would always urge this Commission to err on the side of granting everyone that appears in front of you a fair opportunity to make the case. If this gentleman is asking that the -- his client testify to the limited issue as to whether he received it or not, because it would be the only thing that would be relevant, and he wants to put that on the record as satisfying his client's due process, I would recommend to you that, for the very limited purpose of having his client -- Commissioner Allen: Right. Mr. Fernandez: -- testify I received it, I did not receive it, he could do that, and then, at that point in time, you give it whatever weight you deem appropriate. Commissioner Allen: So what you're advising us to -- Ms. Dougherty: Here's the issue I ask -- I -- City ofMiami Page 128 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Allen: Wait one second, (UNINTELLIGIBLE). Ms. Dougherty: Sure. Commissioner Allen: So what you're advising us is that he should be allowed to make his pitch, ifyou will, right now? Commissioner Winton: No, that is not what he said. Mr. Fernandez: No, to continue to counter the burden that supposedly was met by Mr. -- Ms. Dougherty. Commissioner Allen: Right. Mr. Fernandez: Now he wants -- apparently, it came back to him. Commissioner Allen: Right. Mr. Fernandez: Now, he wants to meet it by putting on the record the fact that he did not -- Commissioner Allen: Right, exactly. Mr. Fernandez: -- receive it. Obviously, that's what he's saying -- Commissioner Allen: Right. That's what we've just done. Mr. Fernandez: -- he will do. Ms. Dougherty: But can I ask you something? Commissioner Allen: That's what we've just done, right? Ms. Dougherty: It's completely irrelevant as to whether or not he received it. Commissioner Allen: That's what I'm saying -- he (UNINTELLIGIBLE) -- right. Ms. Dougherty: The burden of the City -- Mr. Fernandez: That would be my opinion at the end of the day. Commissioner Allen: Right. Mr. Fernandez: However, he insist on having due process -- Commissioner Allen: Right. Mr. Fernandez: -- accorded, and this is what I'm trying to get my board to do. Clearly, he understood from the very beginning that my opinion -- Commissioner Allen: Right. Mr. Fernandez: -- to you, ifyou were to ask me what would be the import of his client testifying that, I would tell you, as I told you originally -- Commissioner Allen: Right. City ofMiami Page 129 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Mr. Fernandez: -- that what is significant is the testimony of staff; that they, in fact, mailed it, post it, advertised it. Commissioner Allen: Right. Mr. Fernandez: And having heard that from him, anything else that he may want put on the record is courtesy that you are extending the gentleman. Commissioner Allen: All right, so under advice, ifI may, Mr. Chairman, under the advice of the City Attorney, I would suggest that we allow the literal individual, not the representative on behalf of the individual, to make his argument as to this issue of notice. That's what we're getting at, right? Correct? Mr. Fernandez: That he received it or not. Commissioner Allen: That he received it or not. Mr. Cimbler: Correct, and -- Vice Chairman Gonzalez: All right. Commissioner Winton: Yes, it's a 30-second thing. Mr. Cimbler: And is your -- Commissioner Allen: So that literally means -- Mr. Cimbler: -- recommendation then that that be the only other evidence that we be permitted to present? Commissioner Winton: That is correct. Mr. Fernandez: Yes, because that's the only issue that's -- Commissioner Allen: OK. Mr. Fernandez: -- being -- Commissioner Allen: Right. Mr. Cimbler: OK. Mr. Fernandez: -- battered. Vice Chairman Gonzalez: All right. Do you have your client -- Mr. Cimbler: We will comply with the wishes of the Commission under objection, but we will do it because we think we have the right to bring in other things, but, please, let's get this over with. Commissioner Allen: Right. Mr. Cimbler: I believe he's been sworn, but to the extent you want to -- Vice Chairman Gonzalez: Just state your name and address for the record. City ofMiami Page 130 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Steven Goodman: Steven Goodman. I'm the property owner at 35 and 41 Northeast 17th Terrace, Miami, Florida 33132. Vice Chairman Gonzalez: You're recognized, sir. Mr. Cimbler: Were you at the zoning appeals board hearing at Hay 14, 2005? Mr. Goodman: Yes, I was. Mr. Cimbler: What purpose were you there for? Mr. Goodman: The Bayview Market project. Mr. Cimbler: Were you aware that the Filling Station was going to be there that night as an agenda item? Mr. Goodman: No, I was not. Mr. Cimbler: Did you receive notice? Mr. Goodman: No, I did not. Mr. Cimbler: You maintain -- you own a property that's within 500 feet of that applicant, Filling Station Lofts; is that correct? Mr. Goodman: Yes, sir. Mr. Cimbler: Did you see any posting of the Filling Station Loft hearing in or around the poling at 500 feet of your property? Mr. Goodman: No, I did not. Commissioner Winton: Blind. Vice Chairman Gonzalez: All right. Commissioner Winton: He's blind. Vice Chairman Gonzalez: You have been allowed the opportunity to state in the record -- Commissioner Allen: Is she entitled to rebuttal? Mr. Fernandez: IfMs. Dougherty -- Commissioner Allen: Is she entitled to cross? Mr. Fernandez: -- would like to cross-examine, she may. Ms. Dougherty: I would just askMr. -- Commissioner Allen: Yeah, I think you're -- Ms. Dougherty: -- Goodman, did you see Mr. Harper there that evening? Did you talk to Mr. Harper? City ofMiami Page 131 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Mr. Goodman: I'm not -- Ms. Dougherty: Do you know Mr. Harper, the owner of Filling Station Lofts? Commissioner Winton: Is he under oath? Commissioner Allen: Yes. Mr. Fernandez: Was he sworn in, Madam Clerk? Yes. Ms. Dougherty: Unbelievable. Vice Chairman Gonzalez: I think when they sworn in everyone who was going to testify. Commissioner Winton: And so, if he's under oath, it better be the truth; is that not correct? Mr. Fernandez: But, of course, it goes without saying. No one would dare stand in front of you and not say anything but the truth. Commissioner Winton: Just wanted to be clear of that. Commissioner Allen: OK, right. Chairman Sanchez: What? Mr. Goodman: Is there a question? Vice Chairman Gonzalez: All right. Could you answer the question? Commissioner Allen: Yeah, a question was posed. Vice Chairman Gonzalez: The question is -- Lucia, would you -- Mr. Goodman: Did I -- Henry -- Vice Chairman Gonzalez: -- repeat the question, please? Mr. Goodman: -- is that what you -- I believe that I saw him there, yes. Vice Chairman Gonzalez: You believe. Chairman Sanchez: You believe that you saw who there? Ms. Dougherty: And you know who he is, right? Mr. Goodman: I've met him before, yes. Ms. Dougherty: Did you have any idea why he was there? Mr. Goodman: No, I did not. Ms. Dougherty: OK. Commissioner Allen: OK. All right. City ofMiami Page 132 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Vice Chairman Gonzalez: All right. Commissioner Allen: I have just one last question on this issue. You spoke about being there, and you looked at your -- the agenda -- did not the agenda include the Filling Station Lot [sic], as well as the other Bayview, and whatever else was on that agenda? That's all I need to know. Was it -- was the Filling Lot [sic] on that agenda that night? Mr. Goodman: If you read the agenda, it was on there. If you -- It didn't say Filling Station; it gave an address, I believe. Commissioner Allen: But it was on the agenda? Mr. Goodman: I believe so, yeah. Vice Chairman Gonzalez: All right. Commissioner Winton: So did I not -- Vice Chairman Gonzalez: Does that conclude the arguments? Commissioner Winton: -- make a motion? Didn'tI make a motion earlier, though? Commissioner Regalado: You did, and I second. Vice Chairman Gonzalez: I think we have a motion and we have a second. Commissioner Winton: Oh, yeah, and Commissioner Regalado -- Vice Chairman Gonzalez: Yes, sir. Commissioner Winton: -- seconded the motion. Vice Chairman Gonzalez: It's a motion to deny the appeal, correct? Commissioner Winton: Is that what it -- Mr. Fernandez: No, it's a motion that was made to consider the appeal improperly or not properly in front of you. Therefore, there is, in essence, no appeal. Vice Chairman Gonzalez: All right, so everybody in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed have the same right. Motion carries. Ms. Dougherty: Thank you very much. Mr. Cimbler: Thank you. Vice Chairman Gonzalez: Thank you. Mr. Cimbler: Thank you. PZ.8 04-00726a RESOLUTION City ofMiami Page 133 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING AND ADOPTING THE AMENDED 2004 SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PLAN ("AMENDED PLAN"), ATTACHED AND INCORPORATED; AND DIRECTING THE CITY MANAGER TO TRANSMIT THE AMENDED PLAN TO THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY FOR LEGISLATIVE ACTION. 04-00726a Legislation.PDF 04-00726a exhibit-SEOPW CRA Amended Plan.pdf 04-00726a PAB Reso 06-17-04.PDF 04-00726a PAB Reso 10-20-04.PDF 04-00726a CC-R-04-0710.PDF 04-00726a CRA-R-04-0014.PDF 04-00726a Fact Sheet 05-26-05.pdf REQUEST: To Approve and Adopt the Amended 2004 Southeast Overtown/Park West Redevelopment Plan for the Southeast Overtown/Park West Community Redevelopment Area. APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval in concept to City Commission on June 16, 2004 by a vote of 7-0. Also recommended approval as modified to City Commission on October 20, 2004 by a vote of 5-0. PURPOSE: This will approve and adopt the Amended 2004 Southeast Overtown/Park West Redevelopment Plan for the Southeast Overtown/Park West Redevelopment Area. NOTE: The City Commission continued this item on September 27, 2004 and on October 28, 2004, accepted the Planning Advisory Board's recommendation that it find the plan to be in conformity with the comprehensive plan for the development of the city as a whole. Motion by Commissioner Allen, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez R-05-0354 Vice Chairman Gonzalez: All right. PZ.8, right? Lourdes, PZ.8 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.8 is a resolution approving the amended Southeast Overtown/Park West Redevelopment Plan. It's been recommended for approval with conditions by the Planning Department. Our only condition has to do with the prioritization of the recommendations of the plan. We believe that the plan shouldn't necessarily include a prioritization because if funds become available for something that's not on the priority list, you don't want to preclude yourself from being able to do other things. Other than that, we City ofMiami Page 134 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 recommend approval. Commissioner Allen: I'd like -- just a quick question, Lourdes. Ms. Slazyk: Sure. Commissioner Allen: What -- give us some examples of their prioritization items, if you will. Ms. Slazyk: Well, I don't have -- Commissioner Allen: For example, what -- Ms. Slazyk: -- the whole plan in front of me, but let's say there was a prioritization to do a certain street improvement, and some grant dollars become available that we could use matching funds for to do something else, and if it's not on a priority list, we can't do it because you've bound yourself to a priority list. We believe that the CRA (Community Redevelopment Agency) and the City Commission should have flexibility in how to begin to do implementation of recommendations from the plan. Commissioner Allen: But shouldn't the priority be driven by the issue of blight and slum? That should be, as a general rule -- Ms. Slazyk: Well, I believe that's within the CRA's mission -- Commissioner Allen: Right. Ms. Slazyk: -- and that's what it should be. Commissioner Allen: So the prioritization should be -- Ms. Slazyk: Yes. Commissioner Allen: -- consistent with that, right? Ms. Slazyk: I believe so. When you prioritize actual projects and things, you know, you may not give yourself a flexibility to do something else if it comes up. Commissioner Allen: Right, because respectfully, we have two CRAs, but we're talking about both CRAs here, correct? Ms. Slazyk: This is the Southeast Overtown/Park West. Commissioner Allen: Oh, OK Ms. Slazyk: Right, and the plan's been reviewed several times. Planning Advisory Board recommended approval. Commissioner Allen: I move the item. Ms. Slazyk: That was our only -- Commissioner Allen: Right. I move the item. Ms. Slazyk: -- you know, concern. City ofMiami Page 135 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Vice Chairman Gonzalez: OK. Commissioner Allen: Thanks. Vice Chairman Gonzalez: We have a motion on PZ.8. Do we have a second? I need a second on PZ.8. Commissioner Regalado: I'll second. Commissioner Winton: Yeah. Vice Chairman Gonzalez: And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed have the same right. Motion carries. PZ.9 04-01242 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, MORE PARTICULARLY BY AMENDING SECTION 617.2.2.2 (1) (b) TO CHANGE THE AMOUNT CHARGED FOR PARKING FEES IN THE SD-17 OVERLAY DISTRICT, WHERE BONUS PARKING IS PERMITTED, FROM PREVAILING RATES FOR PUBLIC METERED PARKING IN THE VICINITY, AS ESTABLISHED BY THE MIAMI DEPARTMENT OF OFF-STREET PARKING TO A SET AMOUNT; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE. 04-01242 Legislation.PDF 04-01242 City Attorney's Memo.pdf 04-01242 PAB Reso.PDF 04-01242 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 March 2, 2005 by a vote of 6-0. PURPOSE: This will change the amount charged for parking fees in the SD-17 South Bayshore Drive Overlay District. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez 12685 Vice Chairman Gonzalez: PZ.9. City ofMiami Page 136 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.9 is a second reading ordinance amending SD-17 regarding the prevailing parking rates for public metered parking. It's been recommended for approval by Planning Advisory Board and approved by the City Commission first reading. Commissioner Winton: So moved. Commissioner Allen: Second. Vice Chairman Gonzalez: OK. We have a motion and we have a second. It's a resolution, Lourdes? Ms. Slazyk: It's an ordinance. Maria J. Chiaro (Assistant City Attorney): It's an ordinance. Commissioner Allen: Ordinance. Vice Chairman Gonzalez: An ordinance. An ordinance. Madam City Attorney. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: OK. This is an ordinance that requires a public hearing. Anyone from the public that wishes to address the Commission in this item, please come forward. Seeing none and hearing none, we have a motion and we have a second. Roll call, Madam City 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 -- I'm sorry, adopted on second reading, 4/0. Vice Chairman Gonzalez: Right. PZ.10 05-00234 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO MODIFY THE (0) "OFFICE" ZONING CLASSIFICATION TO INCLUDE FIRE STATIONS AS CONDITIONAL PRINCIPAL USES, SUBJECT TO A SPECIAL EXCEPTION PERMIT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00234 Legislation.PDF 05-00234 PAB Reso.PDF 05-00234 SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000 APPLICANT(S): Joe Arriola, City Manager FI NDINGS: City ofMiami Page 137 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 2, 2005 by a vote of 6-0. PURPOSE: This will modify the 0 Office zoning classification to include fire stations as conditional principal uses, subject to a special exception permit. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez 12686 Vice Chairman Gonzalez: PZ.9. Commissioner Allen: PZ.10. Vice Chairman Gonzalez: I'm sorry, PZ.10. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.10 is a second reading ordinance, as well. This is to allow fire stations as a conditional principal use in the office districts by special exception, with Commission approval. It's been recommended for approval by PAB (Planning Advisory Board) and passed by the Commission first reading, April 28. Vice Chairman Gonzalez: All right. Commissioner Allen: I'll move -- Vice Chairman Gonzalez: This is a public hearing. Anyone that wishes to address the Commission in reference to this item, please come forward. Seeing none, hearing none, the public hearing is closed, comes back to the -- Commissioner Winton: Move the item. Commissioner Allen: I second the item, Mr. -- Vice Chairman Gonzalez: We have a motion and we have a second. Discussion. None. Madam City Attorney. The Ordinance was read by title into the public record by the Assistant City Attorney. Vice Chairman Gonzalez: Madam City 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 adopted on second reading, 4/0. PZ.11 05-00235 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SECTION 620, SD-20 EDGEWATER OVERLAY DISTRICT; SD-20.1 BISCAYNE City ofMiami Page 138 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 BOULEVARD EDGEWATER OVERLAY DISTRICT, TO ALLOW MODIFICATIONS AND EXCEPTIONS TO SETBACK LIMITATIONS CONDITIONALLY; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00235 Legislation.PDF 05-00295 PAB Reso.PDF 05-00235 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 March 2, 2005 by a vote of 6-0. PURPOSE: This will allow modifications and exceptions to setback limitations conditionally in Edgewater. Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez 12687 Vice Chairman Gonzalez: PZ.11 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.11 is another second reading ordinance. This is in order to modify the setbacks for the SD-20.1 Biscayne Boulevard District. This is to allow for arcades on the boulevard without need of variances. The rest of the building needs to meet the setback, but an arcade can encroach. It's been recommended for approval by PAB (Planning Advisory Board) and passed by the Commission first reading, April 28. Commissioner Allen: I move the item, Mr. Chairman. Vice Chairman Gonzalez: All right. Commissioner Winton: Second. Vice Chairman Gonzalez: All right. We have a motion and we have a second. This is a public hearing. Anyone from the public that wishes to address the Commission on this item, please come forward. Seeing none, hearing none, public hearing is closed. Madam City Attorney. The Ordinance was read by title into the public record by the Assistant City Attorney. Vice Chairman Gonzalez: Madam City 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 adopted on second reading, 4/0. City ofMiami Page 139 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 PZ.12 04-01179a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION RELATING TO HOME OCCUPATIONS BY AMENDING ARTICLE 9, SECTION 906 OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, IN ORDER TO MODIFY THE REQUIREMENTS CONCERNING HOME OCCUPATIONS, TO ADD CERTAIN SPECIAL DISTRICTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-01179a Legislation.PDF 04-01179a PAB Reso.PDF 04-01179a SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 16, 2005 by a vote of 7-0. PURPOSE: This will allow home occupations in certain special districts. Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez 12690 Vice Chairman Gonzalez: PZ.12. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.12 is another second reading ordinance. This is to modify the home occupation section in order to add the SD-16, which is park -- Overtown/Park West, and SD-27, Midtown districts to the districts that are allowed to have the expanded home occupations. This is in order to encourage the live/work in liner units and ground floor. It's been recommended for approval and passed by the Commission first reading, April 28. Commissioner Allen: I move the item, Mr. Chairman. Commissioner Winton: Second. Vice Chairman Gonzalez: All right. We have a motion and we have a second. This is an ordinance. It's a pub -- requires a public hearing. Anyone from the public that wishes to address the Commission on this item, please come forward. Seeing none, hearing none, the public hearing is closed. Madam City Attorney. Commissioner Allen: You know, before we -- Vice Chairman Gonzalez: Yes, sir. Commissioner Allen: Just a quick question. Just for the public sake, Lourdes, with respect to these homes -- what are we -- we have here the -- give me the characterization of these. These City ofMiami Page 140 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 are home/work units, right. Ms. Slazyk: Right. What it is -- Commissioner Allen: Right, but they -- yeah, I understand, but they were not -- they'll only be limited to, in effect -- I shouldn't say just professionals, but you are going to be allowed to have delivery of commodities, warehousing, boxes -- Ms. Slazyk: No. The list -- Commissioner Allen: Right. Ms. Slazyk: The list of what -- Commissioner Allen: You need to make that perfectly clear to the public, what -- Ms. Slazyk: The professions that are allowed are included in the ordinance, and yes, it's usually consulting -type services. No medical offices, you're -- nothing that involves a lot of public or retail sales or -- Commissioner Allen: Right. Moving commodities and -- Ms. Slazyk: No. Commissioner Allen: Right, that sort of thing, and storing and -- right. Ms. Slazyk: No, none of that's allowed. Commissioner Allen: Great. Thank you. Vice Chairman Gonzalez: OK. Madam City Attorney. The Ordinance was read by title into the public record by the Assistant 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 adopted on second reading, 4/0. PZ.13 05-00295 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6 TO AMEND SECTION 627, FEC CORRIDOR DISTRICT, TO RENAME OF THE SPECIAL DISTRICT FROM FEC CORRIDOR DISTRICT TO MIDTOWN MIAMI SPECIAL DISTRICT AND CERTAIN DEFINITIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00295 Legislation.PDF 05-00295 PAB Reso.PDF 05-00295 SR Fact Sheet.pdf City ofMiami Page 141 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 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 March 16, 2005 by a vote of 7-0. PURPOSE: This will amend the name of the FEC Corridor District to Midtown Miami Special District and certain definitions. Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez 12688 Vice Chairman Gonzalez: PZ 13. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 13 is a clean-up amendment for the SD-27 district. This is in order to rename the district to Midtown Miami Special District, and to clarify and modify certain definitions. As a result of moving forward with the Midtown area, the projects are coming in now and getting their permits, and we found we had to make certain clean-up amendments, so it's also second reading; it's been recommended for approval, and it passed on first reading April 28. Commissioner Allen: I move the item, Mr. Chairman. Commissioner Winton: Second. Vice Chairman Gonzalez: All right. We have a motion and we have a second. This is an ordinance that requires a public hearing. Anyone from the public that wishes to address the Commission in reference to this item, please come forward. OK, seeing none and hearing none, the public hearing is closed. Madam City Attorney. The Ordinance was read by title into the public record by the Assistant City Attorney. Vice Chairman Gonzalez: Madam City 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.14 05-00296 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6 SPECIAL DISTRICTS, IN ORDER TO AMEND SECTION 627.1 TO RENAME THE SPECIAL DISTRICT FROM BUENA VISTA YARD EAST SPECIAL DISTRICT TO City ofMiami Page 142 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 MIDTOWN MIAMI EAST SPECIAL DISTRICT, AND BY AMENDING CERTAIN PROVISIONS RELATED TO SETBACKS, HEIGHT, PARKING, LOADING, BUILD -TO LINES AND STREETSCAPES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00296 Legislation.PDF 05-00296 Zoning Map.pdf 05-00296 Aerial Map.pdf 05-00296 PAB Reso.PDF 05-00296 FR Fact Sheet.pdf 05-00296 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 March 16, 2005 by a vote of 7-0. PURPOSE: This will rename the Buena Vista Yard East Special District to Midtown Miami East Special District and amend certain provisions. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez 12689 Vice Chairman Gonzalez: PZ.14. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.14 is now amending the SD-27.1 district to also rename it Midtown Miami East Special District, and to amend certain other provisions. There were some setback, height, parking, build -to lines, and streetscape sections. It's been recommended for approval. This is second reading. It was adopted first reading April 28. Commissioner Winton: So move. Vice Chairman Gonzalez: All right. We have a motion. Commissioner Allen: Second. I'm sorry. Vice Chairman Gonzalez: We have a second. It's a public hearing. Anyone from the public that wishes to address the Commission on this item, please come forward. OK, seeing none, hearing none, the public hearing is closed. Madam City Attorney. The Ordinance was read by title into the public record by the Assistant City Attorney. Vice Chairman Gonzalez: Roll call, Madam City Clerk. Priscilla A. Thompson (City Clerk): Roll call. City ofMiami Page 143 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. PZ.15 05-00140 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 790 NORTHWEST 44TH AVENUE, MIAMI, FLORIDA; FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00140 Legislation.pdf 05-00140 Exhibit A.pdf 05-00140 Analysis.pdf 05-00140 Land Use Map.pdf 05-00140 & 05-00140a Aerial Map.pdf 05-00140 Application & Supporting Docs.pdf 05-00140 PAB Reso.pdf REQUEST: To Amend Ordinance No. 10544 from "Medium Density Multifamily Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 790 NW 44th Avenue APPLICANT(S): 4401 Property, Inc. APPLICANT(S) AGENT: Lorenzo L. Luaces, President FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on February 2, 2005 by a vote of 5-0. See companion File ID 05-00140a. PURPOSE: This will change the above property to Restricted Commercial. Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Vice Chairman Gonzalez: All right. PZ.15. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 15 and 16 are companion items. This is for a land use and zoning change. The property is located at 790 Northwest 44th Avenue. The request is from medium density multifamily residential to restricted commercial. The City ofMiami Page 144 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Planning Department recommends denial; the Planning Advisory Board recommended approval, and the Zoning Board recommended approval. Our recommendation of denial is based on the fact that it is an intrusion into -- of commercial into a multifamily residential district. That's it. Commissioner Regalado: OK. Commissioner Allen: Right. That's -- I would like to -- Commissioner Regalado: Vice Chairman Gonzalez is recognized. It's his district. Vice Chairman Gonzalez: That's correct. I move to approve the item. Commissioner Winton: Second. Commissioner Regalado: OK. We have a motion and a second. This is a public hearing. Commissioner Allen: It's a public -- yeah. Commissioner Regalado: Commissioner Allen. Commissioner Allen: Yeah, just an observation here. Again, Lourdes, you're -- I'm looking at the picture here. You're saying the surrounding area is largely zoned for -- Ms. Slazyk: If you look at the graphics in your pack -- there's -- 7th Street frontage is all commercial, and behind it is medium density multifamily residential. Commissioner Allen: OK, but fronting it is commercial, as well? Ms. Slazyk: Yes. It's got commercial -- Commissioner Allen: Which is the case -- Ms. Slazyk: -- across the street and next door, yeah. Commissioner Allen: So this will give some consistency, if it's granted, to restricted commercial, correct, arguably? Ms. Slazyk: To allow it. Commissioner Allen: To allow it, correct. Ms. Slazyk: If it's granted, yes. Commissioner Allen: Yeah. All right. It's been seconded. Commissioner Regalado: Thank you. Thank you very much. We close the public hearing. Madam City Clerk, read the ordinance. Priscilla A. Thompson (City Clerk): I'm sorry, sir. I didn't have a recording where you opened the public hearing. Commissioner Regalado: I did open the public hearing. OK. Anybody from the public who wishes to address the Commission on PZ. 15, 790 Northwest 44th Avenue, come forth. OK. Mr. Luaces, why don't you -- OK Give him the handheld microphone, so that way -- you could sit, if City ofMiami Page 145 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 you want to. Commissioner Allen: You're doing fine. Commissioner Regalado: Madam Clerk, he needs to be sworn in. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: OK. Thank you. Lorenzo Luaces: Thank you, Commissioner. I'd like to mention that -- Commissioner Regalado: Your name and address. Mr. Luaces: Oh, I'm sorry. Lorenzo Luaces, 1128 Southwest 25th Avenue. The property in question is -- right now is zoned medium density, but all around on the west side in back of the Ocean Bank and all of that is completely commercial; iused car lots, rental cars. You see the west side, you can see in the map, and what we seem to have is children type of operation, which is what's going on right now there, and it's kept in good order. Commissioner Regalado: Thank you. Chairman Sanchez: All right. Commissioner Regalado: OK, the Chairman is back. Chairman, we have a motion. We have a second. We opened the public hearing. We need to close the public hearing and read the ordinance. Chairman Sanchez: All right. Mr. -- Madam Attorney, read the ordinance. What's -- Vice Chairman Gonzalez: You need to close the public hearing. Chairman Sanchez: OK, we need to close the public hearing. Commissioner Allen: PZ. 15. Chairman Sanchez: 13? Commissioner Allen: PZ. 15. Commissioner Winton: 15. Commissioner Regalado: 15. Chairman Sanchez: 15, and what's the motion that's on the floor? Commissioner Regalado: To approve. Vice Chairman Gonzalez: To approve. Commissioner Allen: To approve. Commissioner Winton: To approve. City ofMiami Page 146 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Ms. Thompson: To approve. Commissioner Regalado: To approve. Chairman Sanchez: OK. All right. Madam Attorney, read the ordinance into the record; then Madam Clerk, roll call. Maria J. Chiaro (Assistant City Attorney): An ordinance of the Miami City Commission amending ordinance number 1100 -- 11,000, as amended, the Zoning Ordinance of the City of Miami, Florida, by amending Article 8 -- I'm sorry, I'm reading the wrong -- Commissioner Allen: Right. PZ.15, that's amending future land use plan for the property -- Ms. Chiaro: An ordinance. Commissioner Allen: Yeah. Chairman Sanchez: It is an ordinance. Commissioner Allen: Ordinance. Vice Chairman Gonzalez: It's an ordinance. The Ordinance was read by title into the public record by the Assistant City Attorney. Priscilla A. Thompson (City Clerk): Roll call. Chairman Sanchez: All right, roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. PZ.16 05-00140a ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 27, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 790 NORTHWEST 44TH AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00140a Legislation.pdf 05-00140a Exhibit A.pdf 05-00140a Analysis.pdf 05-00140a Zoning Map.pdf 05-00140 & 05-00140a Aerial Map.pdf 05-00140a ZB Reso.pdf 05-00140a Application & Supporting Docs.pdf First Reading REQUEST: To Amend Ordinance No. 11000, from R-3 Multifamily City ofMiami Page 147 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Medium -Density Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 790 NW 44th Avenue APPLICANT(S): 4401 Property, Inc. APPLICANT(S) AGENT: Lorenzo L. Luaces, President FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on March 28, 2005 by a vote of 6-1. See companion File ID 05-00140. PURPOSE: This will change the above property to C-1 Restricted Commercial. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: All right, we go to 15. Lourdes Slazyk (Assistant Director, Planning & Zoning): No. Commissioner Winton: 16. Vice Chairman Gonzalez: 16. Commissioner Allen: 16. Priscilla A. Thompson (City Clerk): 16. Ms. Slazyk: 16 is the companion. Chairman Sanchez: I'm sorry. 16 is the companion item. Commissioner Winton: So move. Vice Chairman Gonzalez: Second. Chairman Sanchez: All right, there's a motion by Commissioner Winton, second by Vice Chairman Gonzalez. It is also an ordinance on first reading. Before we open it for discussion, it's a public hearing. Anyone from the public wishing to address the item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission for further discussion. Hearing none, it is an ordinance. Madam Attorney, please read it into the record. The Ordinance was read by title into the public record by the Assistant City Attorney. Ms. Thompson: Roll call. Vice Chairman Gonzalez: Roll call. A roll call was taken, the result of which is stated above. City ofMiami Page 148 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Ms. Thompson: The ordinance has been passed on first reading, 5/0. Chairman Sanchez: All right. Mr. Luaces: Thank you very much, Commissioner. Chairman Sanchez: You're quite welcome, sir. Have a good one. PZ.17 05-00141 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 3110-3128 NORTHEAST 2ND AVENUE, 2932-3030 NORTHEAST 2ND AVENUE, 2930-3090 NORTHEAST 1ST COURT, 160 NORTHEAST 30TH STREET AND 145-169 NORTHEAST 29TH STREET, MIAMI, FLORIDA; FROM "GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00141 Legislation.pdf 05-00141 Exhibit A.pdf 05-00141 Analysis.pdf 05-00141 Land Use Map.pdf 05-00141 & 05-00141a Aerial Map.pdf 05-00141 PAB Reso.pdf 05-00141 Application & Supporting Docs.pdf REQUEST: To Amend Ordinance No. 10544 from "General Commercial" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3110-3128 NE 2nd Avenue, 2932-3030 NE 2nd Avenue, 2930-3090 NE 1st Court, 160 NE 30th Street and 145-169 NE 29th Street APPLICANT(S): Biscayne Venture, LLC and Casam 3110, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on February 2, 2005 by a vote of 5-0. See companion File ID 05-00141a. PURPOSE: This will change the above properties to Restricted Commercial. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. City ofMiami Page 149 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: We move on to PZ (Planning and Zoning) -- Vice Chairman Gonzalez: 17. Chairman Sanchez: --17. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.17 and 18 are companion items for a land use and zoning change. This is for a tract of land that is located along the Florida East Coast railroad, just east ofMidtown Miami. The request in the land use change is to go from general commercial to resfricted commercial. The Planning Department recommends approval, and the Planning Advisory Board recommended approval. In the companion zoning change, the request is from C-2, liberal commercial, to C-1, restricted commercial, with the SD-20 Edgewater Overlay District. We're recommending approval of the C-1, resfricted commercial designation, without the SD-20 overlay district. The SD-20 overlay district is entitled the "Edgewater Overlay District. " This property is adjacent to Edgewater, but not in Edgewater. We believe that that is not a logical ex -- application of that category, in that the property is not in Edgewater. The C-1 designation allows the same 150 units per acre; it allows the same density. The SD-20 gives them a little bit extra FAR (floor/area ratio), reduces the parking requirements a little bit, but the C-1 is the logical designation, so that's what we would recommend. Commissioner Allen: Right. Ms. Slazyk: The Planning Advisory Board also recommended -- the Zoning Board, I'm sorry, recommended approval to the Commission. Commissioner Allen: Right. Chairman Sanchez: All right. Commissioner Winton: Approval of the SD-20? Commissioner Allen: Excuse me. As it relates to these addresses, the areas that were -- Ms. Slazyk: Yes. Commissioner Allen: -- designated by the addresses, correct? Ms. Slazyk: Yes. Commissioner Allen: OK, gotcha. Ms. Slazyk: Yes, I didn't read them all into the record. Commissioner Allen: Right, but that's fine. Ms. Slazyk: The -- there are graphics in your package that show where it is. It is a triangular tract of land just east of the Midtown Miami. Commissioner Allen: Great. Chairman Sanchez: All right. Madam Applicant -- Lucia Dougherty: Good evening. City ofMiami Page 150 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: -- you have the floor. Commissioner Winton: Well, I -- Ms. Dougherty: Good evening. Commissioner Winton: -- would move PZ.17. Vice Chairman Gonzalez: Second. Chairman Sanchez: All right. There's a motion and a second. Before we open it up for discussion -- Commissioner Allen: For discussion, right. Chairman Sanchez: -- it is an ordinance on first reading that requires a public hearing. Anyone from the public wishing to address this Commission, please step forward and be recognized. Yes, ma'am. Please state your name and address for the record. Nina West: OK. My name is Nina West. I live at 3690 Avocado Avenue, but I'm a property owner in Buena Vista; a member of the Buena Vista East Neighborhood Asso -- Historic Neighborhood Association. I just have a question. Can you tell me the difference between restricted commercial and -- Commissioner Allen: General. Ms. West: -- general commercial? Commissioner Allen: General. Chairman Sanchez: Absolutely, ma'am. Commissioner Allen: Sure. Chairman Sanchez: We'll have our experts explain it to you. Ms. Slazyk: The restricted commercial category allows commercial uses that serve like the daily retailing service and business needs of nearby areas. The C-2 district is a more liberal category. It actually allows other commercial uses, like wholesaling and warehousing, and more businesses that serve other businesses more so than just a business that serves local daily retailing and service needs of the public. Ms. West: OK. Thank you very much. Commissioner Allen: Right, but -- Chairman Sanchez: You're welcome. Commissioner Allen: Wait, before you go, can you just have her step back at the podium? Ma'am. Priscilla A. Thompson (City Clerk): Ms. West. Commissioner Allen: Ms. -- please, right. Just one last -- Lourdes, I think what she also -- City ofMiami Page 151 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 general commercial versus restricted,• could you give her a further explanation as to building, office building, that sort of thing, so the public will know? Ms. Slazyk: Oh, well, the general -- Commissioner Winton: Well, she seems -- Ms. Slazyk: -- commercial category allows everything allowed in restricted commercial, but then adds a whole level -- Commissioner Allen: Adds. Ms. Slazyk: -- of you know -- Commissioner Allen: Like office. Ms. Slazyk: -- of warehousing, and -- Commissioner Allen: Warehouse. Ms. Slazyk: -- things like that, but both districts allow offices; both districts allow residential. It's just the types of commercial that's more intense with the C-2. Commissioner Allen: With the C-2. Ms. West: Thank you. Chairman Sanchez: All right. Ma'am, did that answer your question? Ms. West: Yes. Chairman Sanchez: All right. Commissioner Winton: She seemed satisfied the first time. Chairman Sanchez: OK. All right. Moving right along. Ms. Dougherty: Good evening, Mr. Chairman, members of the board, Lucia Dougherty, with offices at 1221 Brickell Avenue, here today with Joe Cayre and Ben Pfeffer, who are principals in the property, and cocounsel, Gary Reshefsky, and our architect, Bernard Zyscovich. The request is to change -- I'm not going to deal with whether or not we should go to restricted commercial because all of this orange is restricted commercial, and the only portion that's general commercial is this little portion here, and you've already recommended approval, so I'm only going to talk about the SD-20 and why we think this is appropriate. SD-20 is along this entire corridor right here. SD-27.1 is on this entire Buena Vista site; so, the only property that does not have an SD (special district) overlay district is this one little portion here, and sandwiched in between, and we think it's totally appro -- this, by the way, SD-27 allows for an FAR 3.5 and 350 feet in height. This SD-20 allows for a FAR of 2.0 for commercial only, so with respect to residential, it is exactly the same as what we have today. In other words, 1.72 is allowed for residential. It is only for the commercial that you can go up to 2.0, and it's allowed for this entire district, so why would you leave a little sliver in between an SD-27, at 3.5 FAR, and an SD-20, at 1.7 -- at 2.0 FAR? So why would you leave this little tiny sliver? There is an argument that folks have made that, oh, well, this is going to have a domino effect. Well, it's not going to have a domino effect for a couple of reasons. Number one, your adopted FEC (Florida East Coast) Corridor Plan demonstrates -- help me with this so I can point out -- your FEC City ofMiami Page 152 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Corridor Plan shows this particular area being the same as the Buena Vista. We're not asking for the same. We're not asking for the same FAR as Buena Vista or the same height; we're asking for the same thing as Edgewater, which is right here, so in your plan, which was adopted, this already shows that it should be the same SD, which we're not even asking for. The other reason why it's not a domino effect is the fact that it is the only place in the City that know of that you have a little, tiny sliver in between two SD overlays. This is the only place in the entire City, so it's not a domino. It complies with your comprehensive plan, and the other thing that we have done is we've replatted the property, and you may recall when you -- when we replatted the property -- where's my plat map? -- OK, we did several things. We agreed to a 15 percent open space, which no place else in the whole city has. Chairman Sanchez: A what? Ms. Dougherty: Fifteen percent -- Chairman Sanchez: A 15 percent -- Ms. Dougherty: Fifteen percent open space, green space. We agreed to a pedestrian walkway in between here, which doesn't allow us to have a mega block; that was one of the reasons why they did that. We also agreed to a trolley stop over here, which nobody else has, so we think that given all the other things that we've done for the site, this is a really good thing to give a little incentive to have a quality commercial property. I'd like Bernard to show you very quickly what is planned for the property, and then Joe Cayre would like to speak, as well. Chairman Sanchez: All right. Bernard Zyscovich: Hello. Bernard Zyscovich, offices at 100 North Biscayne, on the 27th floor. Before I ever met Joe Cayre or Michael Samuel, when we were the authors of the corridor master plan, the reason that we were proposing the 27.1 bridging the rail was because we felt very strongly that the rail, one day, will be a link, and that we wanted to make sure that the character of both of those parcels, east of the rail and west of the rail, would have a common element, and therefore, through the design guidelines that were written, be similar. When we went in initially asking for the 27, the response was there was a reluctance because of the FAR that was part of it, even though the zoning guidelines, I think, were probably the better of the two. We agreed to the 2.0 because of the reasons that Lucia mentioned. It's very important that we consider that Midtown is a piece of property, but Midtown is also now a neighborhood, and it's interesting that 27 is now called Midtown East and West, much better than numbers, butl think the point of the access back to the rail, the trolley stop, the way that these buildings are configured -- and this is not a project; it's just an illustration of a project if the zoning changes -- means that it's really much more consistent. The reason that it's not, in our opinion, a situation that would provide to you a domino effect, is not only because of the fact that this is the only area that we know of that is bordered by two SD districts, but because of the difficulty of the triangulation of the site, there really is no other property that has this type of configuration, and by the accommodations that we made during the platting to do the right urban thing, to allow openings back into the visibility of the Midtown project, and also, from the Midtown project out, we think that we really need the 2.0 for the SD-20. The purpose of this project will not be, at the end, a residential project. It will be a mixed -use project, and the SD-20 gives us much more flexibility, and even the Zoning Board, that recommended approval, finally agreed unanimously that the SD-20 was appropriate, and for that reason and the others that have been stated, we would like your approval today for the SD-20. Chairman Sanchez: All right. Ms. Dougherty: I think that Joe Cayre would just like to speak about the neighborhood. City ofMiami Page 153 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Jospeh Cayre: Good afternoon, gentlemen, ladies. As chairman ofMidtown Equities -- Commissioner Winton: Joe, we need your name and address for the record. Mr. Cayre: Oh, 417 Fifth Avenue, New York, New York. Commissioner Winton: And you got to put your name on there. Mr. Cayre: Joseph Cayre. We're very happy to have the opportunity to build Midtown Miami. It was a challenge to begin with, and I grew up here in Miami, and I love Miami, and I tried to put the efforts of my entire company to build a city within a city, and we've come and done great strides to get to where we are today. When I look at Northeast 2nd Avenue and this little piece of property that we have that's adjacent to ours, and I see that it -- the overlays on both sides are SD-20 and SD-27, and I look at the shops across the street, which are pawn shops and honky-tonk type shops, I say, why can't we build something that we're doing inside ofMidtown Miami that would give us great retail, and that's the reason that we've come to the Commission today to ask for an SD-20 overlay. I would almost ask for an SD-27, but it's not needed. An SD-20, I think, would be something we'd like to have, and I hope it would be in the best interest of the City. Thank you for hearing me. Commissioner Allen: All right. Mr. Chairman, can I just -- go ahead, Lucia. Ms. Dougherty: I just want to reiterate that this request is only going to give us 2.0 for the retail, that's it. It doesn't give us any more residential. It's only the 2.0 for the commercial, that's all. Chairman Sanchez: All right. Does that -- that concludes your presentation? Ms. Dougherty: Yes, sir. Chairman Sanchez: OK. I have not opened it to the public, right? Ms. Thompson: Yes. Commissioner Allen: So -- Chairman Sanchez: We did already? Ms. Thompson: Yes. Commissioner Allen: Yeah. Chairman Sanchez: OK. If we did, then we come back to the Commission. Is there a -- Commissioner Allen: Yeah. Chairman Sanchez: -- motion and a second? Ms. Thompson: Yes. Vice Chairman Gonzalez: Motion and a second. Commissioner Allen: There's a motion. Commissioner Winton: I -- City ofMiami Page 154 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: Who made the motion and who second it? Ms. Thompson: Winton. Commissioner Winton: There's no motion. Ms. Thompson: Yes. Commissioner Winton: Who? Not on this item. Ms. Thompson: Commissioner -- Commissioner Winton: We did the other one. Chairman Sanchez: Yeah, not this item. Commissioner Winton: We haven't made a motion on this. Commissioner Allen: Right. Commissioner Winton: I didn't hear him open the -- this for the public. Commissioner Allen: Well, I make a motion, then I'd -- Chairman Sanchez: Well -- Commissioner Allen: -- like to discuss. Chairman Sanchez: All right. There's a motion by Commissioner Allen, second by -- Commissioner Winton: Me. Chairman Sanchez: -- Commissioner Winton. Before we open it for discussion, the presentation has been made both by the City and the applicant. Now, we'll go to the public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed. Commissioner Winton: By the way, what's your motion? Chairman Sanchez: Motion is to approve. Commissioner Allen: Wait. Commissioner Winton: You're making a motion to do what? Commissioner Allen: It's a motion to approve. However, I would like to discuss the item. Commissioner Winton: Approve SD-20? Commissioner Allen: That's what we're approving. Wait, you know -- see, that's the question. Before we -- I do that, I withdraw that motion -- Ms. Slazyk: Yeah. The re -- Commissioner Allen: -- because I have to have further clarification on it. City ofMiami Page 155 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Ms. Slazyk: The request is C-1 with SD-20 overlay. Commissioner Allen: Right. Ms. Slazyk: That's the request. Commissioner Allen: C-1 -- Ms. Slazyk: With SD-20 overlay. Commissioner Allen: -- with SD-20 overlay, right. However -- that's whatl'm getting at. Because what we're doing is two -- aren't we making two -- Ms. Slazyk: No, they're the same. SD-20 is an overlay, so what you're doing is -- Commissioner Allen: Right, I know. Ms. Slazyk: -- once you grant them the C-1 zoning, you can also -- Commissioner Allen: It's going to grab the other -- Ms. Slazyk: -- grant the overlay. Commissioner Allen: --property. Ms. Slazyk: Yes. Commissioner Allen: That's my point. Ms. Slazyk: Yes. Commissioner Allen: Right. That's whatl'm -- Chairman Sanchez: All right. Commissioner Allen: -- getting at. Chairman Sanchez: All right. Commissioner Allen: Yeah. Chairman Sanchez: All right. Listen, let's make the appropriate -- Commissioner Winton: I will make the motion -- Commissioner Allen: Go ahead, Commissioner Winton. Commissioner Winton: -- to approve the -- to overturn the staff recommendation and agree with the -- which board did it? Ms. Slazyk: Zoning Board. Commissioner Winton: -- Zoning Board, and that's my motion. The reason for that is because in -- Lourdes, you and I have talked about it, but when you really put it up on a map and look at it - City ofMiami Page 156 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 - on a map, not in theory, which is where we discussed it -- Ms. Slazyk: Right. Commissioner Winton: -- but on a map, this is logical as heck. I mean, there isn't any other pieces of land. It can't stretch somewhere else. There's a natural barrier, which is 29th. The railroad tracks, the -- and Miami Avenue, it just -- it's just too logical, so -- Chairman Sanchez: All right. Commissioner Winton: -- that's the reason I'm there. Chairman Sanchez: There's a motion. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second. There's a motion and a second. Before we open it further discussion, the motion that has been presented is a new motion, so therefore, we have to open it back into the public for another public hearing. Anyone from the public wishing to address the Commission on this item? Seeing none, hearing none, the public hearing is closed, coming back. Is there any further discussion on this item? Commissioner Allen: Yes, there is, Mr. Chairman. Chairman Sanchez: All right. Commissioner Allen, you're recognized for discussion. Commissioner Allen: Yes. It has to do with this item. We are, in effect, taking a special district overlay, and in effect, grabbing adjacent land and including that into that SD designation; is that correct? Ms. Slazyk: Correct. Commissioner Allen: All right. Commissioner Winton has just made an argument, which sounds very reasonable to me. I mean, this land is be -- sandwiched, if you will, between two areas. I don't see the downside, and that's why I'm wondering what staff -- because we all -- I always refer to you, staff, what's the downside to -- Ms. Slazyk: The concern from staff was the precedent of taking an SD from a district and applying it to somewhere else that's not part of that district, and I understand the Commission saying this one is wedged between two SDs -- Commissioner Allen: Right, sandwiched. Right, it's -- Ms. Slazyk: -- and you don't believe it's a precedent, but when someone else comes, remember that because -- Commissioner Winton: I will remember. Commissioner Allen: Right -- Ms. Slazyk: OK. Commissioner Allen: -- can come and say -- Commissioner Winton: I will remember. City ofMiami Page 157 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Allen: But how -- Commissioner Winton: You appointed me. Ms. Slazyk: I know, yeah. Commissioner Allen: Right. Ms. Slazyk: I'm just -- Commissioner Allen: But these are sort of -- Ms. Slazyk: It's a precedent of taking -- Commissioner Allen: -- special circumstances. Ms. Slazyk: -- yes. It's no different than saying, OK, I want to take SD-14 and apply it over -- Commissioner Allen: And extend it to -- Ms. Slazyk: -- in Model City, you know. Commissioner Allen: I see. Ms. Slazyk: SD-14 is Little Havana, you just -- you know, so these are next to each other -- Commissioner Winton: Right. Commissioner Allen: Right. That's the -- Ms. Slazyk: -- so I understand. Commissioner Allen: -- thing, right. Commissioner Winton: And that's the reason, by the way -- Ms. Slazyk: The concern is the precedent. Commissioner Winton: -- that, originally, I was completely with her because when you talk about it in theory, she's right. Commissioner Allen: Right, theory is -- right. Commissioner Winton: But when you put it on a real map, the theory -- Commissioner Allen: It makes sense. Commissioner Winton: Yeah. Commissioner Allen: All right. Chairman Sanchez: All right. Let's vote. OK It's an ordinance. The Ordinance was read by title into the public record by the Assistant City Attorney. City ofMiami Page 158 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: All right. Madam Clerk, roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. PZ.18 05-00141a 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 "C-1" RESTRICTED COMMERCIAL AND "C-2" LIBERAL COMMERCIAL TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-20" EDGEWATER OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2932-3030 NORTHEAST 2ND AVENUE, 3110-3128 NORTHEAST 2ND AVENUE, 2930-3090 NORTHEAST 1ST COURT, 160 NORTHEAST 30TH STREET AND 145-169 NORTHEAST 29TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00141a Legislation.pdf 05-00141a Exhibit A.pdf 05-00141a Analysis.pdf 05-00141a Zoning Map.pdf 05-00141 & 05-00141a Aerial Map.pdf 05-00141a ZB Reso.pdf 05-00141a Application & Supporting Docs.pdf REQUEST: To Amend Ordinance No. 11000, from C-1 Restricted Commercial and C-2 Liberal Commercial to C-1 Restricted Commercial with an SD-20 Edgewater Overlay District to Change the Zoning Atlas LOCATION: Approximately 2932-3030 NE 2nd Avenue, 3110-3128 NE 2nd Avenue, 2930-3090 NE 1st Court, 160 NE 30th Street and 145-169 NE 29th Street APPLICANT(S): Biscayne Venture, LLC and Casam 3110, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval of C-1 Restricted Commercial and denial of the SD-20 Edgewater Overlay District. ZONING BOARD: Recommended approval to City Commission on March 14, 2005 by a vote of 7-0. See companion File ID 05-00141. PURPOSE: This will change the above properties to C-1 Restricted City ofMiami Page 159 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commercial with an SD-20 Edgewater Overlay District. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: All right. We go to PZ.18, which is an ordinance on first reading. Lourdes Slazyk (Assistant Director, Planning & Zoning): That was 18. PZ.19 is next. Chairman Sanchez: All right. Ms. Slazyk: PZ.19 and 20 are companion items. This -- Priscilla A. Thompson (City Clerk): No, I'm sorry, sir. That was -- we have it recorded as PZ.17, and what -- Chairman Sanchez: Right. Commissioner Winton: So what'd we do wrong here? Ms. Thompson: Did we miss something? Chairman Sanchez: Now, we -- Ms. Slazyk: 17 was the land use change; 18 was the zoning change with SD-20. Maria J. Chiaro (Assistant City Attorney): We didn't do the -- we did not yet do the zoning change. Ms. Thompson: Correct. Ms. Slazyk: That's the one they just voted on. Commissioner Winton: Well, we've done -- Ms. Chiaro: No, they just -- Commissioner Winton: -- two of these -- we've done -- yeah, we did do 17, absolutely. That was the first one we did. Ms. Chiaro: We did 17. Commissioner Winton: But we probably choose -- Ms. Slazyk: We did 17 -- Commissioner Winton: -- picked the wrong number. Ms. Slazyk: -- and this is 18. Ms. Chiaro: We have not yet done 18. Ms. Slazyk: That's what -- the one they just did with SD-20. Chairman Sanchez: Madam Clerk, which one have we not done, love? City ofMiami Page 160 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Ms. Thompson: According to the records that I have, sir, we started off with our discussion of PZ.17. Chairman Sanchez: Did we vote on 17? Ms. Thompson: That was what I just recorded was 17. Commissioner Winton: No, you didn't. This was the SD-20. Ms. Slazyk: Yeah. Commissioner Winton: You got it wrong. Chairman Sanchez: She's never wrong. Commissioner Winton: Huh? Oh, she read the wrong thing? Ms. Slazyk: I'm pretty sure that that's what they voted on. Chairman Sanchez: I believe she read the wrong ordinance. Ms. Chiaro: No. Chairman Sanchez: No? Ms. Chiaro: I need to read 18 now. Chairman Sanchez: All right. Listen, listen, whoa, whoa, whoa, whoa. Let's go through the record to make sure we have the proper record. Anybody makes a mistake. We're all entitled to make mistakes. Commissioner Winton: I voted -- I -- Chairman Sanchez: All right. Did we vote on PZ.17? Did we vote on PZ.17? Ms. Thompson: That is the vote that I recorded, sir, 17. Chairman Sanchez: OK. Did we vote on PZ.18? Ms. Thompson: No. Chairman Sanchez: No, we have not, so let's take up PZ.18 now. It's an ordinance on first reading. Commissioner Winton: I would like to hear how in the world somebody can say we didn't -- I just voted. You called the roll. We were talking about SD-20; that's 18. That isn't 17. Ms. Thompson: Commissioner Winton. Vice Chairman Gonzalez: You move it and I second it. Ms. Thompson: Commissioner -- Commissioner Winton: So explain that to me. City ofMiami Page 161 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Ms. Thompson: OK, if you would allow me. When we first started the conversation, you had the discussion by Lourdes. Commissioner Allen asked a question. Commissioner Winton: Oh, I don't -- Ms. Thompson: You made a motion. Commissioner Winton: If we have to do it again, do it again. I don't care about all this detail. Chairman Sanchez: All right. Commissioner Winton: Whatever we have to do. Chairman Sanchez: All right. Commissioner Winton: Let's go. Chairman Sanchez: Look, PZ.18, let's go ahead to PZ.18. It's an ordinance on first reading. Have you done a presentation for PZ.18? Ms. Slazyk: We just -- yeah, that was the one we just finished. Chairman Sanchez: OK, so -- we voted on that one? No, we did not. Ms. Slazyk: No. Chairman Sanchez: The City Clerk is saying we did not vote on 18. Unidentified Speaker: Could I make a -- Chairman Sanchez: Madam Clerk. Ms. Thompson: You need to do -- according to my records, you need to do 18. Chairman Sanchez: All right, 18. We're going to do 18 again. Commissioner Winton: So move. Chairman Sanchez: PZ.18. There's a motion -- Commissioner Winton: I will move it for the second time. Chairman Sanchez: -- and a second on PZ.18. It's an ordinance on first reading. It is open to the public. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission for any further discussion. Any further discussion on the Commission? Hearing none, Madam Attorney, read the ordinance into the record. Madam Clerk, roll call. The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Sanchez: All right. Madam Clerk, roll call. Ms. Thompson: On PZ.18. City ofMiami Page 162 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: Yes. Commissioner Winton: What item is this? Chairman Sanchez: It's been a long day. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Vice Chairman Gonzalez? Vice Chairman Gonzalez: Yes, ma'am. Ms. Thompson: Commissioner Allen? Commissioner Allen: Aye. Ms. Thompson: Commissioner Winton? Commissioner Winton: To be clear, this is PZ.18; is that not correct? Ms. Thompson: PZ.18, correct. Commissioner Winton: PZ.18, yes. Ms. Thompson: Thank you, and then Chairman Sanchez? Chairman Sanchez: Yes, ma'am. Ms. Thompson: PZ.18 has been passed on first reading -- Commissioner Winton: PZ.18. Ms. Thompson: -- 5/0. Commissioner Winton: All right. Chairman Sanchez: We want to make sure the gentleman doesn't have to come back from New York again. Vice Chairman Gonzalez: I just found out what the problem is. The problem is that we got used to leaving this chamber at 2 o'clock in the afternoon -- Chairman Sanchez: Yeah. Commissioner Winton: Yeah. Vice Chairman Gonzalez: -- and 3 o'clock in the afternoon. Commissioner Winton: Yeah. Chairman Sanchez: Well, this'll never happen again, trust me. Vice Chairman Gonzalez: It's 7:30. City ofMiami Page 163 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: Trust me, this'll never happen again. Commissioner Winton: OK. Chairman Sanchez: There's no way. Thirty -some items of PZ (Planning and Zoning) items, and a lot of them of controversial; there's no way to get out of here. PZ.19 05-00292 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 720 SOUTHWEST 30TH AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00292 Legislation.pdf 05-00292 & 05-00292a Exhibit A.pdf 05-00292 Analysis.pdf 05-00292 Land Use Map.pdf 05-00292 & 05-00292a Aerial Map.pdf 05-00292 School Board Comments.pdf 05-00292 PAB Reso.pdf 05-00292 Application & Supporting Docs.pdf REQUEST: To Amend Ordinance No. 10544, from "Single Family Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 720 SW 30th Avenue APPLICANT(S): Ocho Building, LLC APPLICANT(S) AGENT: Santiago D. Echemendia, Esquire and Patricia M. Baloyra, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 16, 2005 by a vote of 6-0. See companion File ID 05-00292a. PURPOSE: This will change the above property to Restricted Commercial. 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 City ofMiami Page 164 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: OK. PZ. 19. Thank you, gentlemen. Have a good one. Have a safe trip back to New York. Come visit us more often. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 19 and 20 are also companion items for land use and zoning change. This is for 720 Southwest 30th Avenue. It's been recommended for approval by the Planning Department, approval by the Planning Advisory Board, and approval by the Zoning Board. Chairman Sanchez: All right. Sir, state your name for the record. Santiago Echemendia: Mr. Chair, Santiago Echemendia, 1441, on behalf of the applicant. We have favorable recommendations from staff. It was a -- Chairman Sanchez: Great presentation. Mr. Echemendia: -- unanimous vote. Chairman Sanchez: Great presentation. Mr. Echemendia: In the interest of time, we'll defer to you. Commissioner Winton: So move. Mr. Echemendia: We would urge you to approve. Chairman Sanchez: All right. That's a great presentation. Are you getting paid by the hour? Mr. Echemendia: I am, as a matter offact. Chairman Sanchez: OK, so we'll let you talk a little bit more. Mr. Echemendia: No, it's OK Chairman Sanchez: No. All right. There's a motion by Commissioner Winton, second by Commissioner Regalado. Commissioner Regalado: Yeah. Chairman Sanchez: All right. Commissioner Regalado: I just have a question. I know the property. There is -- it is in District 4, and it has a service station, plus a car wash and all that. The criteria to recommend was? Ms. Slazyk: The criteria -- well, we recommended approval based on the fact that it is a logical extension of the restricted commercial category. It is adjacent to property that fronts Southwest 8th Sfreet. It's sort of wedged into the back of a property that's already commercial on 8th Sfreet, and it is a logical extension. It's not intrusion into the neighborhood. Commissioner Winton: It's half and half already. Chairman Sanchez: All right. It's an ordinance on first reading. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. There's already a motion and a second, and discussion. Any further discussion? Hearing none, Madam Attorney, read the ordinance into the record, followed by roll call. City ofMiami Page 165 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Sanchez: All right. Roll call. Priscilla A. Thompson (City Clerk): Roll call. Vice Chairman Gonzalez? Vice Chairman Gonzalez: Yes, ma'am. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Winton? Commissioner Winton: What item is this? Chairman Sanchez: Yes. Ms. Thompson: PZ.19. Commissioner Winton: Yes, um -hum. Ms. Thompson: And then Chairman Sanchez? Chairman Sanchez: Yes. PZ.20 05-00292a ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 33, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 720 SOUTHWEST 30TH AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00292a Legislation.pdf 05-00292 & 05-00292a Exhibit A.pdf 05-00292a Analysis.pdf 05-00292a Zoning Map.pdf 05-00292 & 05-00292a Aerial Map.pdf 05-00292a ZB Reso.pdf 05-00292a Application & Supporting Docs.pdf First Reading REQUEST: To Amend Ordinance No. 11000, from R-1 Single -Family Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 720 SW 30th Avenue APPLICANT(S): Ocho Building, LLC City ofMiami Page 166 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 APPLICANT(S) AGENT: Santiago D. Echemendia, Esquire and Patricia M. Baloyra, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on April 25, 2005 by a vote of 7-0. See companion File ID 05-00292. PURPOSE: This will change the above property to C-1 Restricted Commercial. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: PZ.20 is an ordinance. Priscilla A. Thompson (City Clerk): The ordinance is passed -- Chairman Sanchez: It's a companion item. It's an ordinance on first reading. Commissioner Winton: So moved. Chairman Sanchez: There's a motion. Is there a second? Commissioner Regalado: Second. Chairman Sanchez: Second. Before we open it for discussion, it's an ordinance on first reading. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Hearing no further discussion, read the ordinance into the record, followed by roll call. The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Sanchez: Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. Santiago Echemendia: Thank you. Chairman Sanchez: Counsel, that has been one of your best presentations in this Commission. Best of luck to you and your client. PZ.21 05-00346 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 30, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN "SD-19" City ofMiami Page 167 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 DESIGNATED F.A.R. OVERLAY DISTRICT, INCREASING THE F.A.R. TO 1.0, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 260, 282, AND 296 NORTHWEST 57TH AVENUE AND 5710 NORTHWEST 3RD STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00346 Legislation.pdf 05-00346 Exhibit A.pdf 05-00346 Analysis.pdf 05-00346 Zoning Map.pdf 05-00346 Aerial Map.pdf 05-00346 ZB Reso.pdf 05-00346 Application & Supporting Docs.pdf REQUEST: To Amend Ordinance No. 11000, from R-3 Multifamily Medium -Density Residential to R-3 Multifamily Medium -Density Residential with an SD-19 Designated F.A.R. Overlay District, Increasing the F.A.R. to 1.0, to Change the Zoning Atlas LOCATION: Approximately 260, 282, and 296 NW 57th Avenue and 5710 NW 3rd Street APPLICANT(S): Feob Construction, Inc., Wilfredo & Delia Miranda and Otto Pardinas, Owners APPLICANT(S) AGENT: Simon Ferro, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on March 28, 2005 by a vote of 6-1. PURPOSE: This will change the above properties to R-3 Multifamily Medium -Density Residential with an SD-19 Designated F.A.R. Overlay District, increasing the F.A.R. to 1.0. Motion by Commissioner Regalado, seconded by Vice Chairman Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Noes: 1 - Commissioner Winton Chairman Sanchez: All right. PZ.21, it's an ordinance on first reading. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.21 is a change of zoning only, no land use. This is in order to add the SD-19 FAR (floor/area ratio) overlay district. It's an R-3 property. They want to increase the FAR to 1.0. The base FAR is typically .75. The Planning Department is recommending denial, and the Zoning Board recommended approval. Chairman Sanchez: All right. Commissioner Regalado: I'll move the item -- City ofMiami Page 168 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: To what? Commissioner Regalado: -- to approve -- Chairman Sanchez: The denial? Commissioner Allen: The -- Commissioner Regalado: -- the item. Vice Chairman Gonzalez: And I second it. Commissioner Regalado: And I have questions for the staff. Chairman Sanchez: Shouldn't you ask the questions first? All right. Never mind. There is a motion and a second. No further discussion -- well, before we open it for discussion, we go to the meeting -- the public hearing. Commissioner Regalado: Yeah, I need to -- Chairman Sanchez: Wait, wait, wait. Let's -- it's an ordinance on first reading, right? Priscilla A. Thompson (City Clerk): Yes. Commissioner Regalado: Right. On -- Chairman Sanchez: All right. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, it comes back to the Commission for discussion. Simon Ferro: For the record, Mr. Chairman, Simon Ferro, 1221 Brickell. I represent the applicant. Commissioner Regalado: OK One question, the reason I asked before -- because 790 Southwest 30th Avenue -- Ms. Slazyk: Right. Commissioner Regalado: -- is in my district, too, like this is in my district. I asked that the criteria and you said that the criteria was that this was already commercial, et cetera, et cetera, et cetera. On 57th Avenue, we have the same scenario. Ms. Slazyk: Right, except -- Commissioner Regalado: And what -- and the zoning change is not to increase the number of floors or apartments, but to increase the size of the apartment. That is my understanding. Ms. Slazyk: Right. Commissioner Regalado: At least, that's what I read. Ms. Slazyk: It's an FAR increase to 1.0. The rest of the R-3 neighborhood where this is is only allowed . 75, so if they get to do 1.0, with the SD-19 overlay, it means they get to do it by right. There's no special permit. Normally, to get a bonus like this is giving them a bonus, without making them do -- go through the MUSP (Major Use Special Permit) process so we can review City ofMiami Page 169 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 the design and the appropriateness of that additional FAR on this neighborhood. Again, it's -- the rest of the neighborhood is .75. They're going to have a benefit of 1.0, without any design review or any special conditions being able to be placed on them. Commissioner Regalado: Yeah, but my point was -- Ms. Slazyk: By right. Commissioner Regalado: But my point was it's all commercial. Ms. Slazyk: This is -- well -- Commissioner Regalado: It's facing commercial. Ms. Slazyk: Yes, but it's an R-3 neighborhood. It's got all -- Commissioner Regalado: I understand; duplex next to it and -- Ms. Slazyk: Yeah, yes. Commissioner Regalado: -- and threeplex [sic]. Ms. Slazyk: It's got R-1 on one side; R-2 on the other, and the commercial is down at the bottom. The commercial -- Commissioner Regalado: No, I know. I know. Ms. Slazyk: Yeah. Commissioner Regalado: I know the area. Ms. Slazyk: This is all R-3; this is R-2; this is R-1, and they're going to be allowed to go -- you're right. It doesn't give them any more height, no more units per acre, but they -- Commissioner Regalado: It's just bigger. Ms. Slazyk: -- could do more intensity, more FAR without any review. Commissioner Regalado: OK Ms. Slazyk: And that's a concern when SD-19 is used that way without -- like everybody else gets a Major Use for exfra FAR so we can do design review; this one's not doing that. Commissioner Regalado: OK, Mr. Chairman. I'll move to -- Chairman Sanchez: There's already a motion -- Commissioner Regalado: -- approve. Chairman Sanchez: -- and a second on it. All right, but let me -- Commissioner Winton: Mr. -- Chairman Sanchez: -- just ask you -- I have a bit of concern on that. City ofMiami Page 170 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Winton: So do I. Chairman Sanchez: Because what you're doing here is you're -- you know, what happens if the other guy comes along and he's got just a little bit over? I mean, you're going to have to now -- what's good for one person has got to be good for everybody. There has to be standardization here, right? Commissioner Winton: Well -- Ms. Slazyk: That's why -- Chairman Sanchez: And it -- Ms. Slazyk: Again, that's -- SD-19, there are areas in the City where, if the City decides, as a neighborhood, like -- Chairman Sanchez: Yeah, but you just can't say just this -- Ms. Slazyk: -- we want to raise it -- Chairman Sanchez: You can't say just this time. Ms. Slazyk: Right. That's why we recommended denial. Chairman Sanchez: Because what happens if somebody else comes along and has the same thing. I mean, you're going to have to change the standards to apply it to everybody because what he does here -- you know, I understand that it's in a commercial, but basically, what you do -- what's happening here is with the bonuses, you're getting it, but you really should be going to a MUSP, right? Ms. Slazyk: Normally, if you want an increase in FAR, you go for a MUSP. The SD-19 is just a way around it. Commissioner Winton: Mr. Chairman. Chairman Sanchez: Yes, sir. Commissioner Winton: I'd like to pitch in, too. I think this is -- I think we're going to pay the penalty for this decision because it -- this isn't up against an R-2 or an R-3; it's up against R-1. Chairman Sanchez: Right. Commissioner Winton: This is exactly the battles that we are in all the time in these corridor developments where you have an R-1 neighborhood, and the next thing that's going to happen is that they'll be in here and, in a year or something, and there's going to be a new plan to bulldoze everything here, and they're going to build something that has -- that allows them -- well, they may not even have to come in here. By right, we're giving them greater FAR on this site right up against R-1 single-family neighborhoods, and you know, if we had a right to review, and you could do the kinds of things that we've been forced to monkey with it, you know, maybe that works -- Ms. Slazyk: Right. Commissioner Winton: -- but maybe it even doesn't. I'm just -- I wouldn't -- I can't support this. I think it isn't good for us, and I think we're going to pay the penalty at some point down the road City ofMiami Page 171 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 when all the neighbors are here, when a real development plan, or redevelopment plan comes for the site. Mr. Ferro: Mr. Chairman, may I make a presentation and address some of the issues that have been raised, please? Commissioner Regalado: And I just -- Mr. Ferro: I'd like to -- ifI can make a presentation and sort of put this in context, I think I could address the issues. Commissioner Regalado: No, but I just have a question. The building is already going up; is it not? Because I've -- Mr. Ferro: That's correct. Commissioner Regalado: -- gone by the -- Mr. Ferro: That's correct. Commissioner Regalado: -- site. Mr. Ferro: That's correct. The property -- and I know you're familiar with the area. This is -- these are basically -- even though it's six lots, it's only four buildable sites, and they're already built out, except on one property; there's a new building going up, which is one of the main -- the main applicants, Mr. Fernando Rodriguez and Obdulio Alonso. The property is on Southwest -- actually, Northwest 57th Avenue. This is Flagler Street. You're familiar with the area. This is -- you've been to this corner. This is the Palacio de los Jugos; that's where you drink the juice and Commissioner Winton: I know the area very well. Mr. Ferro: -- eat las masas de puerco. Commissioner Winton: I used to own apartments right over there. Mr. Ferro: This property here, all the property fronting on 57th Avenue is R-3. The FAR under R-3 is .75. We're only asking for an FAR of one, which is a very small increase in FAR. Let me give you a history of this whole area here. This is a very old area; it's in dire need of redevelopment, and just to give you an example and some insight into the background here, the property on the corner, which is part of this application, was built in 1946. The next property was built in 1977. The property below us was built in 1967, and the properties down the road, until you bump into the commercial, were built in '69, '68, '68, '57 and 1950, so the youngest property developed on this corner here was built in 1977; that's 28 years old, so this strip here is in dire need of redevelopment. The only vacant -- you could say, ongoing development piece of land that -- under the application, is a 9,000 square foot lot owned by the Ferob, which is, again, Mr. Alonso and Mr. Fernandez, and they're putting up -- under R-3, they can put up a five -story building. Their building is four stories; first story is parking, and the next three stories are residential. There are 12 units in this building. As it is under R-3, each unit is 750 feet in size. The en -- so the envelope of the building is already there. What this change would allow us to do is to basically enclose the terraces, which are also already there, so that the units would be 950 square feet, instead of 750 square feet. That is the only practical impact that this application will have on this strip because the other properties are already developed. Now they're developed with some older buildings, but the fact is, the impact of what you could do there between an R -- a regular R-3, which is the .75 FAR, and a 1, is basically, on our property, City ofMiami Page 172 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 which is 9,000 square feet, is leave the exact same building you can build under R-3 and just build slightly larger units, which we all believe is good for the area, so that is the sum total of the impact of this application, if it is approved, would be to permit this building that is going up already, and that is already -- the structure's already there, but not completed yet, and -- which is a four-story building, parking and three stories -- and you're allowed five stories -- and there are 12 units. There are four units on each level above the first story, and those -- that number is not going to change. The only thing that'll change is that we will be able to slightly increase the size of the units, already within the same envelope, from 750 square feet to 950 square feet. Commissioner Winton: That's a new building under construction, you said? Mr. Ferro: Yes. Commissioner Allen: Let me ask -- ifI could, not to disrupt your frain of thought, your thought is this additional FAR will give you the ability to increase the size of the units. Mr. Ferro: Just the size. Commissioner Allen: Apparently, you're up to five levels. Now, I'm not saying this to be (UNINTELLIGIBLE) -- Mr. Ferro: Four, we're four. Commissioner Allen: Right. I'm not saying this to be facetious in any way, but if you lower your floor levels, that way you can get up the exfra unit size that you're looking for. I mean -- Mr. Ferro: We already -- Commissioner Winton: If you what? Commissioner Allen: -- because I don't want to set a -- see, let me just say this. As I look at this, and which is one of my concerns, which is why I spoke to Lourdes, this can potentially set a precedent, right, because then how do you tell the next guy no, and then it has a domino effect. Because I'm looking in this area, and again, it's not my district, but this seems to be a pretty nice multifamily residential area here with some consistency, and -- Mr. Ferro: Commissioner, ifI may address that. What actually, I think, will happen -- Chairman Sanchez: It's on 57th Avenue. Mr. Ferro: -- if you allow the slight increase -- Commissioner Allen: Yeah. I mean -- Mr. Ferro: -- in FAR -- Commissioner Allen: Fifty-seventh? Vice Chairman Gonzalez: Fifty-seventh Avenue. Mr. Ferro: It's 57th Avenue. It's a very high -traffic road, but just to give you an orientation -- Commissioner Allen: Go ahead. Mr. Ferro: -- Commissioner, this is Flagler. The airport would basically -- 836 would be here - City ofMiami Page 173 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Allen: Oh, I see, OK. Mr. Ferro: -- so this is a very high -traffic road. It's a very, very old sfrip of buildings. I just, you know, went down the list of when each building was built -- Commissioner Allen: Right. Mr. Ferro: -- and the youngest one is 28 years old. Commissioner Allen: OK, then let me ask -- Mr. Ferro: And we've got buildings from 1950's here. Commissioner Allen: -- you, with that FAR, you can't go any higher than five floors. Mr. Ferro: We can't go any higher than five floors, and we're not going -- and our building -- Commissioner Allen: Right. Mr. Ferro: -- the one we're building is four stories. Chairman Sanchez: All right. Mr. Ferro: The only thing -- Commissioner Allen: OK. Mr. Ferro: -- that would change -- Chairman Sanchez: All right. Mr. Ferro: -- in our building -- Commissioner Allen: Gotcha. Mr. Ferro: -- is the size -- Commissioner Allen: OK. Chairman Sanchez: Counsel, you've made -- Commissioner Allen: Gotcha. Commissioner Regalado: Could you -- Commissioner Allen: Thank you. Chairman Sanchez: -- your argument. All right. Commissioner Regalado: You done? Chairman Sanchez: It's -- requires a public hearing. This is an ordinance on first reading. Anyone from the public wishing to address this item, please step forward and be recognized. City ofMiami Page 174 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Any further discussion on this item? Madam Clerk, do we have a motion -- Commissioner Regalado: Call the question -- Chairman Sanchez: -- and a second? Commissioner Regalado: -- Mr. Chairman. Chairman Sanchez: Yes, we do have it, and it's -- the question has been called, so Madam Attorney, could you read the ordinance into the record? Follow with a roll call. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Sanchez: All right. Roll call. Ms. Thompson: Roll call. Commissioner Allen? Commissioner Allen: Aye. Ms. Thompson: Commissioner Winton? Commissioner Winton: No. Ms. Thompson: Vice Chairman Gonzalez? Vice Chairman Gonzalez: Yes. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Chairman Sanchez? Chairman Sanchez: Yes. Ms. Thompson: The ordinance has been passed on first reading, 4/1. Mr. Ferro: Thank you very much. PZ.22 05-00344 ORDINANCE First 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 6, SECTION 616 OF THE ZONING ORDINANCE, IN ORDER TO MODIFY THE REQUIREMENTS FOR THE SD-16, SD-16.1 AND SD-16.2 SPECIAL ZONING DISTRICTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. 05-00344 Legislation.pdf 05-00344 Exhibit A.pdf 05-00344 PAB Reso.pdf REQUEST: To Amend Ordinance No. 11000 Text City ofMiami Page 175 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 6, 2005 by a vote of 6-0. See companion File ID 05-00344a. PURPOSE: This will modify requirements for the SD-16, SD-16.1 and SD-16.2 special zoning districts. Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez Chairman Sanchez: PZ.22. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.22 and 23 are companion items, first reading ordinance. PZ.22 is an amendment to the SD-16, 16.1 and 16.2 special districts. This is for the Southeast Overtown/Park West areas. Commissioner Allen: Right. Ms. Slazyk: We worked very closely with the CRA (Community Redevelopment Agency) in developing this to be consistent with these newly adopted Southeast Overtown/Park West Redevelopment Plan. There are modifications to the FAR (floor/area ratio), to building footprint provisions, parking provisions, and they're all consistent with the Southeast Overtown/Park West plan, and then what PZ.23 is doing is adding the SD-16.1 district to the Park West area. Back when the SD-16 districts were written, close to 20 years ago, it was anticipated that 16.1 be adopted for Park West, but it never was. For all these years, there was really never any sort of redevelopment incentives in Park West, and no interest in redevelopment, and now it's very much an interest. Through the efforts of the CRA and us working closely, we are very happy to now change the zoning to SD-16.1 in Park West. What this, in effect, does is it raises the FAR, it provides very flexible setbacks though the Class II process; it designates primary pedestrian pathways throughout the district, so now -- Commissioner Winton: Good. Ms. Slazyk: -- we're going to get ground floor retail uses. Commissioner Winton: Good. Ms. Slazyk: It's got all of the lining requirements; it's got the building envelope requirements; very consistent with the sorts of things that the Dover Kohl plan for CRA called out for, so -- Chairman Sanchez: So this should spur -- Ms. Slazyk: And it's a big increase in FAR, but it's got all of those other safeguards and design criteria built into it, so -- Chairman Sanchez: So this should spur some good large-scale development in Park West. Ms. Slazyk: This should -- oh, yes. City ofMiami Page 176 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: All right. Ms. Slazyk: Oh, yes. Commissioner Allen: I move the item, (UNINTELLIGIBLE) -- Chairman Sanchez: Is there a motion? Commissioner Winton: Move PZ.22. Chairman Sanchez: There's a motion by -- Commissioner Allen: Second. Chairman Sanchez: -- Commissioner Allen, second by Commissioner Winton. Before we open it for discussion, it is an ordinance on first reading that requires a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing someone get up and approach -- Philip Reilly: I will ruin your record of hearing few people. Chairman Sanchez: No, sir, you will not, but what you need to do is state your name and address for the record. Mr. Reilly: OK. Philip Reilly. My office is at 3905 Northwest 31stAvenue. I have an interest in some -- small piece of property there in the Park West area, and I also know other property owners and talk to them. Generally, this is a pretty good idea. I read through it. There are some faults, but overall, it's a very good -- it looks like it's going to be a good incentive, and it's good -- going to get property to consolidate and larger pieces to go up, and hopefully, it'll be designed so that hopefully it'll be pedestrian friendly and other things like that. We hope this will be part of the growing of this massive new Miami that's been going on, so I'm in favor of this, so that's all I have to say, basically. Thank you. Chairman Sanchez: Thank you so much, sir. Appreciate it. OK, the public hearing is now closed, coming back to the Commission for a discussion or additional discussion. Hearing none, and it's an ordinance on first reading -- Commissioner Regalado: Can I -- Chairman Sanchez: -- Madam -- Commissioner Regalado: I have a question. Chairman Sanchez: Commissioner Regalado, you're recognized. Commissioner Regalado: Was this presented to the Overtown Advisory Board and to the Omni Advisory Board? Ms. Slazyk: We worked with the CRA, but I did not go to those boards for presentations. This is consistent with the redevelopment plan. This is not in the Omni area; this is only Southeast Overtown/Park West. Commissioner Regalado: No, I understand that. Ms. Slazyk: Right. City ofMiami Page 177 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Regalado: But it's next to it. Ms. Slazyk: But, yes, we worked with the CRA on it, but I did not go to the Overtown Advisory Board for the presen -- Commissioner Winton: But it follows -- Ms. Slazyk: It went to the Planning Advisory Board. Commissioner Winton: -- the recommendations coming out of the -- Ms. Slazyk: It follows the recommendations, right. Commissioner Winton: -- master plan that was done -- Commissioner Allen: Right. Commissioner Winton: -- and that did, in fact, go before -- Ms. Slazyk: Right. Commissioner Winton: -- all those entities. Commissioner Allen: Right. Ms. Slazyk: This is the implem -- the next level of implementation. Chairman Sanchez: All right. Any further discussion? Hearing none, we'll go to the City Attorney for -- to read the ordinance, and then, Madam Clerk, roll call. The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Sanchez: All right. Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.23 05-00344a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NOS. 23 AND 36 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FOR THE PROPERTIES LOCATED WITHIN AND APPROXIMATELY BOUNDED BY INTERSTATE I-395 TO THE NORTH, NORTHEAST 2ND AVENUE TO THE EAST, NORTHEAST 5TH STREET AND NORTHEAST 6TH STREET TO THE SOUTH AND NORTHWEST 1ST AVENUE TO THE WEST, MIAMI, FLORIDA; FROM C-1 RESTRICTED COMMERCIAL AND C-2 LIBERAL COMMERCIAL TO SD-16.1 SOUTHEAST OVERTOWN-PARK WEST COMMERCIAL -RESIDENTIAL DISTRICTS (SEE MAP OF EXACT PROPERTIES ATTACHED HERETO AND COMPLETE LEGAL City ofMiami Page 178 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 DESCRIPTIONS ON FILE); MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00344a Legislation.pdf 05-00344a Zoning Map.pdf 05-00344a Aerial Map.pdf 05-00344a PAB Reso.pdf REQUEST: To Amend Ordinance No. 11000, from C-1 Restricted Commercial and C-2 Liberal Commercial to SD-16.1 Southeast Overtown-Park West Commercial -Residential Districts, to Change the Zoning Atlas LOCATION: Approximately Bounded by Interstate 1-395 to the North, NE 2nd Avenue to the East, NE 5th Street and NE 6th Street to the South and NW 1st Avenue to the West APPLICANT(S): Planning Department FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 6, 2005 by a vote of 6-0. See companion File ID 05-00344. PURPOSE: This will change the above properties to SD-16.1 Southeast Overtown-Park West Commercial -Residential Districts. Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez Chairman Sanchez: All right. PZ.23 is an ordinance on first reading. It's a companion item. Is there a motion? Commissioner Allen: I move the item, Mr. Chairman. Commissioner Winton: Second. Chairman Sanchez: There's a motion by Commissioner Allen, second by Commissioner Winton. Open for discussion. Hearing none, we'll go to the public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Hearing no further discussion, Madam Attorney, read the ordinance into the record; follow with a roll call by the Clerk. The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Sanchez: All right. Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. City ofMiami Page 179 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 PZ.24 05-00345 ORDINANCE First 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 10, IN ORDER TO AMEND SECTION 10.6.3.23, TO ADD SIGN REGULATIONS FOR VERTICAL SHOPPING CENTERS IN THE SD-23 DISTRICT CORAL WAY SPECIAL OVERLAY DISTRICT, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00345 Legislation.pdf 05-00345 Exhibit A.pdf 05-00345 PAB Reso.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 April 6, 2005 by a vote of 6-0. PURPOSE: This will add sign regulations for vertical shopping centers in the SD-23 Coral Way Special Overlay District. Motion by Commissioner Allen, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: All right. PZ.24, it's an ordinance on first reading. The applicant is the City ofMiami. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. This is an ordinance in order to modify the sign regulations for the SD-23 district to provide a sign ordinance for a unified vertical shopping center. This was developed in conjunction with working with the Miracle Center on the modifications for Miracle Center. The sign regulations for the SD-23 district are typical retail shopping sign regulations, and they really don't address the needs of a vertical shopping center, so we worked very closely with them; went back and forth quite a bit on how to do this, and I think we finally got something everyone can live with, so we're recommending approval, and it was recommended for approval by the Planning Advisory Board. Chairman Sanchez: All right. Before we discuss it, we need a motion and a second for the purpose of discussion. Commissioner Allen: I move the item. Commissioner Regalado: I'll move it. Commissioner Allen: Second. Chairman Sanchez: There is a motion by Commissioner Allen, second by Commissioner Regalado. It is open for discussion. Before we discuss it, let's open it to the public, as required, being a ordinance on first reading. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, City ofMiami Page 180 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 coming back to the Commission. Commissioner Regalado, you're recognized. Commissioner Regalado: I think that this will complete the cycle for the opening of the former Paseos in Miracle Center. They have signed several major name stores, and the contract was pending because of this signage, so I want to thank the staff because we all work together and it came about, so probably in few months, we're going to have a new shopping center in the Coral Way area; actually, the only shopping center in the Coral Way area. Chairman Sanchez: All right. Hearing no other discussion on the item, Madam Attorney, read the ordinance into the record. The Ordinance was read by title into the public record by the Assistant 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. Ms. Thompson: The ordinance has been passed on first reading, 5/0. PZ.25 05-00409 RESOLUTION "INCOMPLETE (CHANGES NECESSARY) - PENDING FINAL REVIEW AND APPROVAL BY CITY ATTORNEY." A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE LYNX DOWNTOWN PROJECT, TO BE LOCATED AT APPROXIMATELY 16 SOUTHEAST 2ND STREET; 60 SOUTHEAST 2ND STREET; 41 SOUTHEAST 3RD STREET; AND 61 SOUTHEAST 3RD STREET, MIAMI, FLORIDA, TO CONSTRUCT A MIXED -USE SIX -BUILDING CLUSTER DEVELOPMENT RANGING IN HEIGHT FROM 436 FEET TO 745 FEET, TO BE COMPRISED OF APPROXIMATELY 430 TOTAL MULTIFAMILY RESIDENTIAL UNITS; APPROXIMATELY 91 LIVE/WORK UNITS; APPROXIMATELY 207 CONDOMINIUM/HOTEL UNITS; APPROXIMATELY 194 HOTEL ROOMS; APPROXIMATELY 147,696 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 50,357 SQUARE FEET OF RETAIL AND RESTAURANT SPACE; A 291-FOOT HIGH VERTICAL SPORTS CLUB OF APPROXIMATELY 111,041 SQUARE FEET; AND APPROXIMATELY 1,459 TOTAL PARKING SPACES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 181 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 05-00409 Legislation.pdf 05-00409 Exhibit A.pdf 05-00409 Exhibit B.pdf 05-00409 Exhibit C.pdf 05-00409 Analysis.pdf 05-00409 Zoning Map.pdf 05-00409 Aerial Map.pdf 05-00409 Pre -Application Design Comments.pdf 05-00409 Miami -Dade Aviation Dept Comments.pdf 05-00409 HEPB Reso.pdf 05-00409 Traffic Sufficiency Letter.pdf 05-00409 School Board Comments.pdf 05-00409 PAB Reso.pdf 05-00409-Conditions.pdf REQUEST: Major Use Special Permit for the Lynx Downtown Project LOCATION: Approximately 16 SE 2nd Street, 60 SE 2nd Street; 41 SE 3rd Street; and 61 SE 3rd Street APPLICANT(S): 1225 SW 8 Street Property, Owner and Downtown Associates, 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 April 20, 2005 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the development of the Lynx Downtown Project. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, 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-05-0359 Chairman Sanchez: OK. All right. PZ.25 is a resolution. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.25 is a Major Use Special Permit for the Lynx Downtown project. This is at 16 Southeast 2nd Sfreet, 60 Southeast 2nd Street, 41 Southeast 3rd Sfreet, and 61 Southeast 3rd Street. This is on the block adjacent to the Bank of America building in downtown. The request is -- it's a mixed -use project. It's six buildings in a cluster. It's going to have 430 total multifamily units, 91 live/work units, 207 condominium hotel units, 194 hotel rooms, and approximately 147,696 square feet of office. It's also going to have 50,357 square feet of retail and restaurant space, and a vertical sports club of 111,000 square feet. It's going to include 1,459 total parking spaces. It's been recommended for approval by the Planning Advisory Board with conditions, and approval by the Planning Department with conditions. Some of those conditions do go to design issues, though. There's a series of conditions that have to do with landscape issues, which -- there's -- they need to give us a final City ofMiami Page 182 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 landscape plan to be submitted for review and approval that deal with the appropriate buffers. There's also a condition regarding providing an attractive design for the large garage mass on the south side, and to incorporate the garage into the architectural language of the project. The landscape plan, again, it was suburban in nature. It really needs to be redesigned to provide appropriate canopy and shade frees to encourage the walkability of the block, and then the last condition had to do with designing a lighting scheme for the project that would complement the area. If they do a sign over 50 feet on the project, they're going to have to come in for a separate Class II Permit, and go through a review and approval process for the lighting of the building. We just -- I wanted to mention that that was important. Commissioner Allen: Which -- Chairman Sanchez: All right. Commissioner Allen: -- of those projects are we looking at? Chairman Sanchez: Madam Applicant. Lucia Dougherty: Good evening, again. Mr. Chairman, for the record, Lucia Dougherty, and Javier Aveno (phonetic), for the applicant and property owner. With me this evening is Ian Lidmer (phonetic) and Chad Oppenheim, with Oppenheim Architects. Because this is such a significant building in downtown, being immediately adjacent to the iconic (UNINTELLIGIBLE), old CenTrust, now Bank ofAmerica building. The client actually hired Sandy Pei, Ian Pei's son, to help design this project with Chad Oppenheim. It's a fabulously beautiful project, but instead of talking about the project, with your permission, Mr. Chairman, what I'd like to do is talk about our agreement with the Bank ofAmerica that we've worked out today. There are certain conditions that they would like us to stipulate to, which we have agreed to. We'd like to put them in the record. I don't know that we need to read them. I have a copy. Chairman Sanchez: Either you could read them in the record or hand her a copy. Ms. Dougherty: I don't think you want me to read them in the record. Chairman Sanchez: No, no. Hand her a copy. Ms. Dougherty: There you go, so with those -- Chairman Sanchez: Is it fine with you, Counsel? Ms. Dougherty: -- stipulations -- Unidentified Speaker: It's fine with me. Ms. Dougherty: -- with the Bank ofAmerica, I would like to have, if you'd like, the architect to run through the plans with you. We have Urban Development Review Board, Planning Advisory Board, internal design review, and Zoning Board approval. Chairman Sanchez: All right. Ms. Dougherty: Would you like the architects to go through the project, Mr. Chairman? Chairman Sanchez: Is there any opposition on this item? Let's make it very brief Counsel. Ms. Dougherty: We've done it. City ofMiami Page 183 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: All right. Ms. Dougherty: We'd urge your approval. Chairman Sanchez: All right. It is -- it -- PZ.20 -- Priscilla A. Thompson (City Clerk): 5. Chairman Sanchez: -- 5. It is a resolution. Anyone from the public wishing to address this Commission, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Commissioner Winton. Commissioner Winton: Lourdes, classic example right now, right downtown, in the heart of downtown, where we have zero, zero, zero, zero access to parks, and this is moved off the water; it is west, and -- so all their green space requirement, and I'm looking at it up there, is going up on some plateau that's 15 stories in the air, and they're going to have a lot of residences and others, and you know, it doesn't do what we need it to do. Ms. Dougherty: Well, we do have a lot of landscaping around it, but more importantly, you know, on -- in your item earlier today, what I wanted to let you know is that we pay a significant impact fee over and above what you're going to come up with in terms of park contributions, but Commissioner Winton: Yeah. Ms. Dougherty: -- we pay a significant impact fee to the parks fund -- Commissioner Winton: Oh, you do? Ms. Dougherty: -- when -- we do, and every building in downtown does; every building in this city does, and do you know something? It's the largest fee that we pay. Commissioner Winton: Is it? Is that right? Lourdes. Ms. Dougherty: That and traffic. Ms. Slazyk: Yeah, I don't have the impact fees in front of me. I can't -- Commissioner Winton: OK, well, that's good then. Ms. Slazyk: -- confirm it, but I'm -- Commissioner Winton: That's good. Well, I like that. Good. Ms. Dougherty: We have a huge plaza open space, so if you'd like the architect to go through -- Commissioner Winton: I wouldn't mind hearing it real quickly. You don't have to go into great detail. Chad Oppenheim: Chad Oppenheim, with offices at 245 Northeast 37th Street. Actually, what we fried to do is create a bunch of urban nooks and interesting areas -- Commissioner Winton: That's the ground level? Mr. Oppenheim: Yeah, that's the -- City ofMiami Page 184 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Winton: OK. Mr. Oppenheim: -- ground floor; and, essentially, we've created multiple plazas, so the building has kind of come down at these interesting angles and create these little moments where restaurants and cafes will open up to landscape and so forth, so we actually felt it was highly sensitive to that, rather than coming down straight to the street. We have also a large loggia that runs the whole length of the project, as well as -- you can see here -- opening up onto the park, so it's more European in its relationship to the street. Commissioner Winton: OK. I guess I'll -- what item is this? Commissioner Allen: What if -- Chairman Sanchez: 25. Commissioner Allen: It's 25. Commissioner Winton: Move approval of PZ.25. Chairman Sanchez: All right. Ms. Slazyk: With the additional -- Commissioner Winton: With -- Ms. Slazyk: -- conditions. Chairman Sanchez: Well, with -- Commissioner Winton: -- all the additional conditions. Commissioner Allen: The conditions. Chairman Sanchez: All right. There's a motion to approve PZ.25, with all the conditions that have been set forth. There's a motion by Commissioner Winton, second by Vice Chairman Gonzalez. Before we open it up for discussion, it is a resolution, requiring a public hearing, which I already did. I already did the public hearing. Ms. Thompson: Yes. Chairman Sanchez: So any further discussion on the item? Hearing -- Commissioner Winton: And you know, I'd like to add for y'alls [sic] benefit, and maybe for others, this project is very, very significant in that this is not on the water. You know, it does get a shot of the Miami River, but this is west of the -- what most of us call -- will always call the CenTrust building. Ms. Slazyk: Right. Commissioner Winton: And so, we're really moving -- you're moving five blocks -- Ms. Slazyk: Into downtown, yeah. Commissioner Winton: -- into downtown. I mean, that's significant. City ofMiami Page 185 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: Yes, it is. All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. All right. Unidentified Speaker: Thank you. PZ.26 05-00257 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A RIGHT-OF-WAY LOCATED EAST OF SOUTHWEST 1ST COURT BETWEEN SOUTHWEST 12TH STREET AND SOUTHWEST 13TH STREET, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." 05-00257 Legislation.pdf 05-00257 Exhibit A.pdf 05-00257 Plat & Street Comments.pdf 05-00257 Public Works Comments.pdf 05-00257 Planning Analysis.pdf 05-00257 Zoning Map.pdf 05-00257 Aerial Map.pdf 05-00257 ZB Reso.pdf 05-00257 Application & Supporting Docs.pdf 05-00257-Submittal.pdf REQUEST: Official Vacation and Closure of a Public Right -of -Way LOCATION: Approximately East of SW 1st Court Between SW 12th Street and SW 13th Street APPLICANT(S): Jose Milton Trust APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. PUBLIC WORKS DEPARTMENT: Recommended denial. PLAT & STREET COMMITTEE: Recommended denial on November 4, 2004 by a vote of 4-2. ZONING BOARD: Recommended denial to City Commission on March 14, 2005 by a vote of 6-1. PURPOSE: This will allow a unified development site. 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-05-0355 City ofMiami Page 186 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: PZ.26. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.26 is an official vacation and closure of a portion of a right-of-way on Southwest 1st Court, between Southwest 12th Street and Southwest 13th Street. Chairman Sanchez: All right. Ms. Slazyk: At this point, it's been recommended for denial by the Planning Department, Public Works, and Plat and Street Committee, and the Zoning Board also recommended denial. Again, these were on findings that they did not comply with the requirements for showing any sort of public benefit. I understand there is going to be a proffer, though, but at the time this was reviewed, there was not one, so it was a recommendation for -- Chairman Sanchez: All right, so the only concern here that the public -- the area that the applicant is seeking must benefit the public, and I believe that they are proffering -- Commissioner Winton: Well, I would like to move to continue this item. Let them do a proffer -- let them do something, work something out with staff and see if it works, or if they get a better approval. Lucia Dougherty: We have worked it out with staff. Commissioner Winton: I'm sorry? Chairman Sanchez: They have. Ms. Dougherty: We do. We have it worked out with staff. Ms. Slazyk: I think they've been meeting with the Parks Department. Ms. Dougherty: We have a -- Commissioner Winton: Oh, OK. Ms. Dougherty: -- proffer to the Parks Department. Commissioner Winton: Oh, you've already done it? Ms. Dougherty: Yes, sir. Chairman Sanchez: Yes. That's why it's in front of us. Ms. Dougherty: And that's what we just passed out with you -- to you. Chairman Sanchez: Why -- Lucia, why don't you put that on the record, because the biggest concern here that the -- Ms. Dougherty: Sure. Chairman Sanchez: -- land that the developer is seeking, you know, must benefit the public. Ms. Dougherty: Absolutely. What we've done is we've proffered to the Parks Department, and he has accepted it, the Parks Director, Ernest Burkeen, has accepted this proffer, subject to your concurrence, and it allows us -- I mean, it requires us to install and irrigate the entire park, and City ofMiami Page 187 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 we're talking about this -- Chairman Sanchez: Southside Park. Ms. Dougherty: -- Southside Park, which is immediately adjacent to our property right here, so we have to sod and irrigate it; we have to plant soil to an inch depth. We have to light it, subject to the Parks Director approval. We have to have an addition of a shoebox -- I'm not sure what that is -- on an existing 40 foot pole; an addition of a seven and a -- addition up to seven foot pole on lights on pedestrian areas; resurfacing the existing asphalt and pedestrian walkways, including a connection to the picnic table area located on the southwest corner of the park, which is approximately a 16 thou --1, 600 square foot;; pour and play playground surface; finish and install 1,900 square feet of safety surface, architectural engineering, administrative costs, all to be borne by Jose Milton, or Joan Milton, who is here tonight. This -- the value of these improvements are $234, 000, which we are going to do to the park in return for the vacation of this small sliver, which is adjacent to the project that is planned right here. This is a very modest project, by the way. It's only 21 stories, compared to all of the -- this is located right next to the Metrorail station. This has already been closed for Coral Station, so you have Coral Station, Infinity I, Infinity II, all in the 30s, 40s and 50 stories. This project right here is going up; it's already 34 stories, so this is a very, very high intense, high -density area that we're only seeking 131 units and 21 stories, with a Class II Permit, so we would urge your approval of this vacation of this small street, based on our proffer. Chairman Sanchez: Madam Director, that was the only setback was that -- Ms. Slazyk: Well, one -- if you accept this and this is vacated -- Chairman Sanchez: Would that change your recommendation? Ms. Slazyk: Yes. Chairman Sanchez: So from a denial -- Ms. Slazyk: If the Parks Department -- yes. Chairman Sanchez: -- to approval, correct? Ms. Slazyk: Yes. Commissioner Winton: Well -- Chairman Sanchez: OK. Commissioner Winton: I want to understand one thing, and that is design review. This is going to -- Ms. Slazyk: Class II. Commissioner Winton: -- require a Class II Permit? Ms. Dougherty: Correct. Ms. Slazyk: Yes, it is. It's in a special -- Commissioner Winton: So y'all get a shot -- City ofMiami Page 188 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Ms. Slazyk: -- district. Commissioner Winton: -- at the design review. Ms. Slazyk: Yes. Commissioner Winton: You get to look at that pedestal where the garage is that looks terrible right now, and we're not -- that ain't happening. Those days are gone, so you get a shot at that? Ms. Dougherty: We do have a shot at that. Remember, this is the part that goes right next to the Metrorail. I mean, the -- Commissioner Winton: Oh. Ms. Dougherty: -- Metrorail is literally here. Commissioner Winton: Oh, OK. Well, that's -- yeah. Ms. Slazyk: Yeah. Commissioner Winton: But just so we get a -- Ms. Slazyk: On their primary pedestrian streets, they'll either have articulation or liner, that's for sure. Commissioner Winton: OK, good. I want to make sure of that because, you know, it's a different day today. Chairman Sanchez: Hey, and this -- Commissioner Winton: OK, so, I guess I would move -- Chairman Sanchez: All right. Commissioner Winton: -- recommendation to accept -- Ms. Slazyk: Approval, right. Chairman Sanchez: To approve. Commissioner Winton: Yeah. Chairman Sanchez: All right. There's a motion to approve. Vice Chairman Gonzalez: Second. Chairman Sanchez: Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a motion by Commissioner Winton, second by Vice Chairman Gonzalez. It is a resolution. Anyone from the public wishing to address this Commission, please step forward and be recognized. Seeing none, hearing none, it comes back to the Commission. It's a resolution. All in favor, say "aye." City ofMiami Page 189 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Ms. Dougherty: Thanks very much. Chairman Sanchez: All right. I look forward to seeing that park improved. Commissioner Winton: Absolutely. Chairman Sanchez: It's in my district. PZ.27 04-01208 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY THE MORNINGSIDE CIVIC ASSOCIATION, INC. AND ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ, AFFIRMING OR REVERSING THE DECISION OF THE MIAMI ZONING BOARD, THEREBY APPROVING WITH CONDITIONS OR DENYING THE CLASS II SPECIAL PERMIT APPLICATION NO. 03-0309 ISSUED ON JULY 21, 2004, TO ALLOW NEW CONSTRUCTION FOR THE PROPERTY LOCATED AT APPROXIMATELY 5101 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." 04-01208 Legislation (Version 2).PDF 04-01208 Exhibit A.PDF 04-01208 Legislation (Version 3).PDF 04-01208 Exhibit A.PDF 04-01208 Zoning Map.pdf 04-01208 Aerial Map.pdf 04-01208 ZB Appeal Letter.PDF 04-01208 ZB Reso.PDF 04-01208 Class II Appeal Letter.PDF 04-01208 Class II Final Decision.PDF 04-01208 UDRB Reso.PDF 04-01208 Class II Referral.PDF 04-01208 Fact Sheet 05-26-05.pdf REQUEST: Appeal of a Zoning Board Decision of a Class II Special Permit Appeal LOCATION: Approximately 5101 Biscayne Boulevard APPLICANT(S): Chetbro, Inc. APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire APPELLANT(S): Morningside Civic Association, Inc., Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz, Adjacent Property Owners APPELLANT(S) AGENT: Andrew W.J. Dickman, Esquire FINDINGS: City ofMiami Page 190 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 PLANNING DEPARTMENT: Recommended denial of the appeal and uphold the Zoning Board's decision of the director's decision. ZONING BOARD: Denied the Class II Special Permit appeal on October 4, 2004 by a vote of 8-0. PURPOSE: The approval of this appeal will not allow the new construction of a mixed -use structure. CONTINUED R-04-0764 A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Allen absent, to continue item PZ.27 to the Commission meeting currently scheduled for July 28, 2005. Chairman Sanchez: All right. Pocket items. Let's see if we could catch up on some of the pocket items that are not controversial. We'll go ahead and start with PZ.1. Once again, anybody who walked in that's going to be speaking on an item that has not been sworn in, please let the Clerk know so we can swear you in. Also, before you speak, or represent anybody in front of this legislative body, you must be registered as a lobbyist. Having said that, we go to PZ.1, which is a Major Use Special Permit, Paramount Park. Lourdes Slazyk (Assistant Director, Planning & Zoning): Excuse me, Mr. Chair. I believe there are some requests for continuances. Chairman Sanchez: All right, before we do that, let's -- ladies and gentlemen, we have 35 planning and zoning items, 35. Some of them are controversial, some aren't. We're going to deal with all of them today. What we would like to know right now, before we do is, do we have any deferrals that would like to be put on the record? Lucia Dougherty: Yes, sir. Mr. Chairman, Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm here today as the appellee in item number 27 and 28. Mr. Dickman is the appellant, and he and I have both agreed to continue these cases for two months. Commissioner Winton: Yeah. Chairman Sanchez: To continue the cases for two months? Ms. Dougherty: Correct. Chairman Sanchez: OK. Is there a motion to -- Commissioner Winton: So move. Chairman Sanchez: -- continue the cases for two months? Moved by Commissioner Winton -- Commissioner Regalado: Second. Chairman Sanchez: Second by -- Jorge L. Fernandez (City Attorney): Date certain. Chairman Sanchez: -- Commissioner Regalado. All in favor, say "aye." City ofMiami Page 191 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 The Commission (Collectively): Aye. Mr. Fernandez: Lourdes. Vice Chairman Gonzalez: Which one we're on? Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Ms. Slazyk: For the record, the -- this would be for the July PZ (planning & zoning) meeting, which I believe is July 28, 28. Ms. Dougherty: Thanks very much. Vice Chairman Gonzalez: Which item? Chairman Sanchez: OK. Any other deferrals or continuations? PZ.28 04-01209 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY THE MORNINGSIDE CIVIC ASSOCIATION, INC. AND ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ, AFFIRMING OR REVERSING THE DECISION OF THE MIAMI ZONING BOARD, THEREBY APPROVING WITH CONDITIONS OR DENYING THE CLASS II SPECIAL PERMIT APPLICATION NO. 03-0308 ISSUED ON JULY 21, 2004, TO ALLOW NEW CONSTRUCTION FOR THE PROPERTY LOCATED AT APPROXIMATELY 5225 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." 04-01209 Legislation (Version 2).PDF 04-01209 Exhibit A.pdf 04-01209 Legislation (Version 3).PDF 04-01209 Exhibit A.pdf 04-01209 Zoning Map.pdf 04-01209 Aerial Map.pdf 04-01209 ZB Appeal Letter.PDF 04-01209 ZB Reso.PDF 04-01209 Class II Appeal Letter.PDF 04-01209 Class II Final Decision.PDF 04-01209 UDRB Reso.PDF 04-01209 Class II Referral.PDF 04-01209 Fact Sheet 05-26-05.pdf REQUEST: Appeal of a Zoning Board Decision of a Class II Special Permit Appeal LOCATION: Approximately 5225 Biscayne Boulevard APPLICANT(S): Biscayne & 54 Double Drive Thru APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire APPELLANT(S): Morningside Civic Association, Inc., Rod Alonso, Ron City ofMiami Page 192 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Stebbins, Scott Crawford and Elvis Cruz, Adjacent Property Owners APPELLANT(S) AGENT: Andrew W.J. Dickman, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and uphold the Zoning Board's decision of the director's decision. ZONING BOARD: Denied the Class II Special Permit appeal on October 4, 2004 by a vote of 8-0. PURPOSE: The approval of this appeal will not allow the new construction of a mixed -use structure. CONTINUED R-04-0765 A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Allen absent, to continue item PZ.28 to the Commission meeting currently scheduled for July 28, 2005. Chairman Sanchez: All right. Pocket items. Let's see if we could catch up on some of the pocket items that are not controversial. We'll go ahead and start with PZ.1. Once again, anybody who walked in that's going to be speaking on an item that has not been sworn in, please let the Clerk know so we can swear you in. Also, before you speak, or represent anybody in front of this legislative body, you must be registered as a lobbyist. Having said that, we go to PZ.1, which is a Major Use Special Permit, Paramount Park. Lourdes Slazyk (Assistant Director, Planning & Zoning): Excuse me, Mr. Chair. I believe there are some requests for continuances. Chairman Sanchez: All right, before we do that, let's -- ladies and gentlemen, we have 35 planning and zoning items, 35. Some of them are controversial, some aren't. We're going to deal with all of them today. What we would like to know right now, before we do is, do we have any deferrals that would like to be put on the record? Lucia Dougherty: Yes, sir. Mr. Chairman, Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm here today as the appellee in item number 27 and 28. Mr. Dickman is the appellant, and he and I have both agreed to continue these cases for two months. Commissioner Winton: Yeah. Chairman Sanchez: To continue the cases for two months? Ms. Dougherty: Correct. Chairman Sanchez: OK. Is there a motion to -- Commissioner Winton: So move. Chairman Sanchez: -- continue the cases for two months? Moved by Commissioner Winton -- Commissioner Regalado: Second. City ofMiami Page 193 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: Second by -- Jorge L. Fernandez (City Attorney): Date certain. Chairman Sanchez: -- Commissioner Regalado. All in favor, say "aye." The Commission (Collectively): Aye. Mr. Fernandez: Lourdes. Vice Chairman Gonzalez: Which one we're on? Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Ms. Slazyk: For the record, the -- this would be for the July PZ (planning & zoning) meeting, which I believe is July 28, 28. Ms. Dougherty: Thanks very much. Vice Chairman Gonzalez: Which item? Chairman Sanchez: OK. Any other deferrals or continuations? PZ.29 05-00352 RESOLUTION INCOMPLETE (CHANGES NECESSARY) - PENDING FINAL REVIEW AND APPROVAL BY CITY ATTORNEY A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A CHILD DAYCARE FOR 85 CHILDREN, WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2280 SOUTHWEST 17TH AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," SUBJECT TO THE FOLLOWING CONDITIONS BY THE PLANNING AND ZONING DEPARTMENT: 1) A NEW LANDSCAPE PLAN, WITH SPECIFICATIONS, SHALL BE SUBMITTED FOR REVIEW AND APPROVAL, 2) PAINT COLOR SAMPLES AND SIGN SPECIFICATIONS SHALL BE SUBMITTED FOR REVIEW AND APPROVAL, AND 3) A CBS FENCE SHALL BE PLACED AROUND THE PLAYGROUND, City ofMiami Page 194 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Votes: 05-00352 Legislation (Version 2).pdf 05-00352 Exhibit A.pdf 05-00352 Legislation (Version 3).pdf 05-00352 Exhibit A.pdf 05-00352 Appeal Letters.pdf 05-00352 Analysis.pdf 05-00352 Zoning Map.pdf 05-00352 Aerial Map.pdf 05-00352 ZB Reso.pdf 05-00352 Application & Supporting Docs.pdf 05-00352 Plans.pdf 05-00352-Submittal-1.pdf 05-00352-Submittal-2.pdf Motion by Chairman Sanchez, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Ayes: 2 - Commissioner Gonzalez and Sanchez Noes: 1 - Commissioner Regalado Absent: 2 - Commissioner Winton and Allen R-05-0356 Chairman Sanchez: Commissioner, ifI could just take one item out of -- Adrienne Pardo: Thank you very much. Chairman Sanchez: -- the order of the day, and that item is PZ.29. We do have a lot of children that are here, a lot of members of our community. They have been here for the long time. Let's get them out of the way because we do have a voluminous agenda, with items -- Commissioner Winton: Adrienne. Chairman Sanchez: -- that are going to drag out, so let's go ahead and take PZ.29 out of order, and it's an appeal, so as it works, the appellant goes first, then the applicant has an opportunity to address some of the concerns and state her case, and then the appellant has an opportunity to set aside some time for rebuttal, so PZ.29. Lourdes Slazyk (Assistant Director, Planning & Zoning): OK. Just real quick for the record, PZ.29 is an appeal of a special exception. It was granted by the Zoning Board to allow daycare center for 85 children at 2280 Southwest 17th Avenue. The Planning Department had recommended approval with conditions of the special exception, and again, the Zoning Board granted it. This is an appeal. It's actually two different appeals were submitted on this, Maria Belkis and Harry Robinson. Chairman Sanchez: All right. Before we go any further on this, I can see that some individuals have arrived now. If anyone is wishing to address this Commission on this item, that has not been sworn, please stand up so we could swear you in, and then you must register with the City Clerk before you come up to speak on any of the items in front of this legislative body, so is there anyone that will be speaking on this item? All right. Well, we need to get everyone to come -- you know, stand up, raise your right hand, and be sworn in by the City Clerk, and that way we'll get you home early today because I can see we're going to be here for quite some time. Priscilla A. Thompson (City Clerk): Those of you who will be testifying, please raise your right hand. City ofMiami Page 195 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 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. Do we have both parties present? We need the appellant to come up and represent the appellant side, and then we have the applicant to come up and speak on behalf of their argument, and then, of course, you -- the appellant will start; you'll have your time -- your opportunity to state on the record. Then, we'll turn it over to the applicant. The applicant will have time to either address your concerns or state her case, and then you would set some time aside for rebuttal. OK, all right. We'll go ahead and start. Now, let me just, out of curiosity, all those that were sworn in, I -- we'll allow you to talk, but can we limit it to two minutes per person, that way, you know, you'll just state your position, and basically, make your argument. Anything over two minutes really does become repetitious, so we'll go ahead and start with the appellant. Ma'am, state your name and address for the record. Beba Mann: My name is Beba Mann, formerly known as de Cardenas. I live at 1665 Southwest 23rd Street. I am here to request a denial for the special exception that they're asking for. They already have an existing daycare center. This is not that they're asking for an opening of a daycare center; they have it. What they want to do is expand, and they want to go into a commercial area, where the streets are very narrow; everybody parks outside. There's going to be parking issues. I don't think that they're asking for a special exception for this particular house for 85 children because there's no way 85 children can fit in this property. First of all, the -- under the Florida licensing standards for daycares, they're very strict requirements. You have to have outdoor play area; 18 inches must be maintained between individual napping spaces; children up to one year must have their own crib. I mean, we're talking about spaces inside and outside. This property does not have it, and if they're asking for a expansion for a smaller amount, then they should state so there. Also, I witness for -- which is a concern that the City should have by -- if they do allow for the daycare to expand to this property -- I turn onto 17th Avenue; 17th Avenue is a very busy street, and I saw a parent with a little child, just like the little girl with the yellow dress, crossing from the property to the church, OK, in the middle of 17th Avenue. I had to stop my car and allow this parent to pass, OK. What we're going to see is that, first of all, by law, you have to separate the children by ages, and you're going to have the smaller ones, and the babies, and the infants in one section; you're going to have the older ones in the other section. Most parents have -- when they have kids -- I have children and I'm a grandmother, so I know, you know, how far apart you can have kids. You will have parents dropping off their kids at the main house, at the church, and they will be crossing the street to take the child to the other daycare, the smaller child to the other daycare. They're going to be crossing in the middle of 17th Avenue. They're not going to be going to the corner of Coral Way and 17th Avenue to cross over, to come around, to go over there. They're going to do it straight in front of the church. We're going to have a problem. Traffic hours, people are going to work, the parents are dropping off kids, the streets are being clogged up by the dropping off of kids. I really think that you should deny this special exception because it's going to be chaotic for 17th Avenue. Thank you very much. Chairman Sanchez: All right. You, as the -- I'll tell you what we'll do. We'll turn it over to the applicant now, and then what we'll do, we'll open it up to the public, and then the public can speak in favor -- in for or against, so we'll fry to maintain some order and decor. All right, ma'am. Jorge L. Fernandez (City Attorney): Mr. Chairman. Chairman Sanchez: Yes. Mr. Fernandez: Is this a combined appeal? There is also the name of Harry Robinson. He's City ofMiami Page 196 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 also an appellant. Is he present? Chairman Sanchez: Sir, would you like to speak on the issue, or you think -- you would? Then you need to state -- Mr. Fernandez: As an appellant, he's entitled to speak, unless he adopts the arguments of -- Chairman Sanchez: No, sir, I -- under the process, I don't want to deny you the opportunity to speak. You are a part of the application, as the appellant, so either you could proffer as her statement and support her statement, or you could speak now. Harry Robinson: Well, can I -- do I have to go first? Chairman Sanchez: Yes, sir, the appellant goes first. Mr. Robinson: Oh, but there's other people here that -- Chairman Sanchez: Yeah, but they're -- you're the appellant. Your name -- Mr. Robinson: I'm not the only one. Chairman Sanchez: I know you're not, but she's -- you don't have to speak if you don't want to. I don't want to twist your arm. Mr. Robinson: Oh, OK (INAUDIBLE). Chairman Sanchez: Yes. Commissioner Regalado: Or you can -- listen, you can -- Mr. Robinson: I understand. Commissioner Regalado: -- give your time -- listen, Mr. -- Mr. Robinson: I understand. I'm sorry. My name is Harry Robinson. I live at 2250 Southwest 17th Avenue, which is -- the property is adjacent to the property over here. The reason I filed an appeal was because, prior to the Zoning Board, I did not have a chance to review any of the plans or anything, or look at it, or even talk to the owner, but since then, I've had an opportunity to meet with them and express my concerns that may have. I had some problems with possibly noise and so on, so forth, and we've come to an agreement where she has agreed to nine items that have copies here, which I'd like to put on the record and give to you. Chairman Sanchez: Absolutely. Please, give a copy to the Clerk. The Clerk -- the young lady; that pretty lady over there in red. Commissioner Regalado: Mr. Chairman, ifImay. Mr. City Attorney. Mr. Fernandez: Yes. Commissioner Regalado: OK I think we have a situation here because -- Chairman Sanchez: Is he withdrawing? Yeah, he's withdrawing his appeal. Commissioner Regalado: -- he's withdrawing his appeal, and -- City ofMiami Page 197 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Mr. Fernandez: Well -- Commissioner Regalado: -- he says that he has reached an agreement, but the other parties are not -- Mr. Fernandez: Fine, so then -- Commissioner Regalado: -- withdrawing their appeal. Mr. Fernandez: -- this will continue then -- Chairman Sanchez: Yes. Mr. Fernandez: -- as a single appeal, but the way it was introduced to you, it was as two-party appeal. Commissioner Regalado: Right, but he's now off the appeal. Now, it's -- Mr. Fernandez: So then -- Commissioner Regalado: -- only -- Mr. Fernandez: -- he should sit down. Chairman Sanchez: Well, with all due respect, I don't think -- Mr. Robinson: But -- Chairman Sanchez: -- he stated on the record that he is retracting his appeal. He needs to state that. We can't -- Mr. Robinson: I am (UNINTELLIGIBLE) -- Chairman Sanchez: -- make him do that. Mr. Robinson: Whatl agreed to do with the owner was withdraw my appeal here today if he would sign this, and if this could become then a stipulation of a -- Chairman Sanchez: But, sir, with all due respect, that's between -- Commissioner Regalado: No. Chairman Sanchez: -- you and her. Mr. Fernandez: No. Chairman Sanchez: We can't have that here. Mr. Fernandez: That's right. That's a private agreement between the parties. Mr. Robinson: OK, but was told -- I met with the Planning Department yesterday, and they said that ifI presented this today and made it a part of the record, that it could -- they could then make it -- make the building permit contingent upon -- Chairman Sanchez: Well, it creates a problem, and I'll tell you why it creates a problem. City ofMiami Page 198 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Mr. Robinson: I don't know the legalities -- Chairman Sanchez: Because there are two ap -- Mr. Robinson: -- of it. Chairman Sanchez: -- there are two individuals -- Mr. Robinson: OK. Chairman Sanchez: -- who are the appellant on this case. If you were the only one, then you could refract your appeal, but now, if you do, there's still a single -- there's still one person involved in the appeal process. Mr. Robinson: No, I understand, but I'm saying, my withdrawal of my objection would be based on this becoming added, I guess, to the conditions that the City has -- the City has some conditions, and -- Chairman Sanchez: Help us out here. Ms. Mann: I changed the plans, and I have the new plans according to -- Chairman Sanchez: OK, wait. Hold on. Ms. Slazyk: The applicant can proffer these conditions. Chairman Sanchez: You will make that argument. Ms. Slazyk: What it is is they have a settlement between them, and the applicant can proffer these things, and the Commission can accept it -- Mr. Fernandez: Correct. Ms. Slazyk: -- but you have to do it, and she would have to proffer, but there's one condition on here that they can't do. They must do it as a covenant between them. They wanted -- the last condition was that they wanted to -- he wanted her to obtain in writing from the City a further condition of the special exception that if the property is sold, that the future use of the property as a child daycare center is forever and always subject to all of the foregoing conditions. That is Chairman Sanchez: We can't -- Ms. Slazyk: -- something -- we can't do that. Chairman Sanchez: That's something between -- Ms. Slazyk: No. Chairman Sanchez: We're -- we shouldn't even put that on the record. Ms. Slazyk: The other conditions are things that the applicant could proffer and -- Chairman Sanchez: All right. City ofMiami Page 199 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Ms. Slazyk: -- do in her plans, but they're still -- you're right. There's a whole second appeal, and this does not negate that. Chairman Sanchez: Let's -- Ms. Slazyk: Right. Chairman Sanchez: -- maintain order here. Sir, we -- you've stated your point on the record, and it's on the record, so let's go ahead and allow the applicant to speak. Mr. Robinson: Just one thing, sir -- Chairman Sanchez: Yes, sir. Mr. Robinson: -- ifI may. What I was told was that if this became part of the record, that -- and it was mandated that she prepare a covenant between us, that -- let me finish, please -- that the covenant could be a condition -- presenting the covenant to the City could become a condition of obtaining a building permit. That's all. IfI could get that agreement and that understanding. Chairman Sanchez: Yeah, that would be something she would proffer, and it'll be on the record, but it's still something that you two have to work out independently, but it's on the record. You just put it on the record, so it's on the record. Anything you say here, it's on the record. Mr. Robinson: This is what I was told yesterday at -- meeting with the Planning Department. It wasn't with Lourdes; it was with one of her associates. Chairman Sanchez: I understand. Mr. Robinson: That -- by having the covenant mandated -- OK If the Commission could prove - - if the Commission would approve the covenant as a condition, then it would be a part -- it would be necessary -- Chairman Sanchez: Sir. Mr. Robinson: -- to present that covenant prior to obtaining a building permit. Chairman Sanchez: Sir, we'll take it -- Mr. Robinson: And there might -- Chairman Sanchez: -- we'll take that under advisement, and I think you've made your point on the record. Mr. Robinson: OK. Chairman Sanchez: Now, I think the appropriate thing to do here in this process is to allow the applicant to state her position; maybe she will proffer to what you've stated on the record. That's already on the record as being an agreement between you and her -- Mr. Robinson: OK. Chairman Sanchez: -- and then what we'll do is, we'll have the public hearing, where people -- I can see a lot of people are going to be speaking for and against this project, and then, what we'll do is we'll allow the young lady a few minutes of rebuttal as to -- City ofMiami Page 200 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Mr. Robinson: OK. Chairman Sanchez: -- follow up with the arguments that the other side has made, so thank you - Mr. Robinson: OK. Chairman Sanchez: -- so much. Mr. Robinson: I believe she will proffer the covenant, so thank you. Chairman Sanchez: Thank you so much, sir. Ma'am, state your name and address for the record, and basically, make your argument as to why we -- you know, this Commission should support your cause. Cynthia Stewart: OK Cynthia Stewart. I am the owner/operator ofMeni-ninho Meni-ninha. My address is 3211 Southwest 21 Street, Coral Gates, Miami, Florida. We are across the street on the Iglesia Bautista Nazaret; it's the church across the sfreet on 17th Avenue. We are growing. We have a waiting list. We have many of the parents that have come today. We have several parents, actually, on a waiting list waiting, and we have actually nowhere else to grow on the property on the church, so we purchased the property. We went through the City; asked if we were able to do a special exemption with the property across the sfreet, and they said yes, that it would be a possibility. I didn't know, however, that Silver BluffAssociation was -- you know, they didn't want anything built there except a house, so when we got approved the last Zoning Board that we came to, I spoke to them, and they told me to fry to come to an agreement. I went to the NET (Neighborhood Enhancement Team) office; I spoke to Ms. Haydee, and I fried to get a phone number from Mr. Arnez --Arsenio. I spoke to Ms. Josefina Pando, with Ms. Judy, and Arsenio himself and they basically want nothing except a house there. They told me that there's -- Ms. Josefina Pando said there's nothing against, you know, the school, but however, if she let's us in, then everybody else is going to want to do a condominium there or building. I don't believe that we are, you know, any different than the house that he has next door. He is next door. I have come to an agreement with him. I've changed the plans, which are here. He's requesting very simple things, which was to put some trees on his side of the -- on the north side, right? -- on the north side, which I agreed to, to keep the noise. Chairman Sanchez: And would you proffer to the conditions that he put forth on -- Ms. Stewart: Yes, sir. Chairman Sanchez: So, on the record, you proffer that you -- Ms. Stewart: Yes, I do. Chairman Sanchez: -- will agree. OK. Ms. Stewart: Um -hum. I spoke to the neighbor. I was frying to work something out because I also live in the neighborhood. I -- we have property there, and I, under no circumstances, want to do anything to harm it. As a matter offact, I think will be benefiting by having a child care center there. We are growing. We have a lot of kids that need day care. I know that there's -- they had mentioned that, you know, United Way's opening; yes, but right now, we have a waiting list of 40 kids, and there are a lot of kids in the neighborhood, especially with all the buildings, everything that's coming up and growing, there's a very shortage in quality child care, so we are giving them -- we're offering, you know, that, and we're want to -- I'm trying to see what wrote here -- we're trying to benefit the neighborhood by having them, and we have a lot of parents that came this morning because, for the record, I did not receive that today was the day. I found City ofMiami Page 201 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 out, through poster, and I kept calling to find out what the time was, so we were here at 10 o'clock in the morning, so I've been here all day on and out, and we had a lot of parents; however, they are working, butt had them call, and I said, call your Commissioner's office, and let them know how you feel, you know; that you are in need of the child care to grow, and I know that a lot of the neighbors here -- because a lot of the neighbors had called the school, and they're -- they were told -- by whom, I don't know -- but they were told that the church is selling, and that we're moving, and that's why we're trying to build across the sfreet, and that is not the case. We will stay in the school, across the street in the church, and do the school across the street. As far as what she mentioned about the child crossing the street, we have the property across the sfreet right now renting to a pastor, which is Pastor Noel, and it was his wife that crosses the sfreet -- because she works -- and she crosses the sfreet with her daughter, but either way, I have no way of controlling the traffic for a child if they're crossing or not, because we do have kids from the neighborhood that do come, and it doesn't matter where they're going to be when they cross, you know; they're going to cross the street. All I can promise is to follow the rules. I did everything according to the City ofMiami. I took it; they approved my plans. My architect was here this morning. He couldn't come this afternoon, but they approved the plans. I revised whatever he requested, which was very simple, which was the palms. We also, to help the neighborhood so that they don't get upset about the fraffic, because they were saying 23rd Sfreet was going to be a problem because the traffic was going to go into 23rd Street from 17th Avenue, and what we did is we're going to put a sign, "Left Turn Only," towards 17th Avenue, so that people don't turn to the right-hand side, which is into the neighborhood, and I have pictures for you to see. The other thing I wanted to mention is on the property, it's located on 17th Avenue, and -- 17th Avenue and 22nd -- and 23rd Sfreet. This is a picture. I brought a couple of pictures so you could pass it, and y'all could look at it, but the only house I would be interfering with would be with Mr. Robinson, which he agreed, you know, to drop the appeal. The neighbor across the sfreet, which is Mr. -- actually, Ms. Monica -- I have her name here. They also are in favor of the daycare. I spoke to them, and they said that there was no problem. They just could not make it today, but they are in favor, and the only thing I would be bothering would be him, as far as neighbor noise, would be him, and across the sfreet, and therefore, the fraffic on 17th Avenue, which is there. You know, there is fraffic there, and I have pictures so you can see that it wouldn't disturb any of the neighbors inside because it's on the corner, and we purchased the house because they were saying that the house behind was going to be a problem selling because of the noise and the person being bothered by the house, so we purchased that house, and we are going to have my mom living there right now, or we're going to have a family member living there, and that would not disturb anybody else, and the house that's across from that is the only house that would be bothered, if anything, of the traffic there, and that person signed in favor, so Chairman Sanchez: All right. That concludes your presentation? Ms. Stewart: Yeah. I just want to pass this out so you all can see the pictures. Chairman Sanchez: Please turn -- no. Yeah, give it to the City Clerk. Beba, you have time for rebuttal. Do you have any arguments you want to make or ask her questions? Ms. Mann: Yes, I do. How are you going to control the parents -- I'm sorry. Chairman Sanchez: Sorry. All right. She's going to be asking you some questions. Ms. Stewart: OK. Chairman Sanchez: She has the right to rebuttal -- Ms. Stewart: Yes. City ofMiami Page 202 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: -- under the appellant. Ms. Mann: How is it that you're going to be controlling the parents from going from the church to that house to pick up the children? Ms. Stewart: What do you mean from the house? Ms. Mann: The house that you're -- 2280 Southwest 17th Avenue. Ms. Stewart: They're not. It's going to be two different daycares. Ms. Mann: So you're going to tell one parent who has a five -year -old and a parent -- the same parent that has a one -year -old, I can't take your one -year -old because you're going to be crossing the street. Ms. Stewart: No, we don't do that. We have one daycare with the ages and another daycare with the ages. If you have two children, for instance, you're going to stay in one school. We're notgoing to have two -- one here and one over here. Ms. Mann: You can't have that. By -- under the Florida licensing standard, they have to be separated by age groups. Ms. Stewart: They are separated. Ms. Mann: OK, there we go, so if you have six -month -old and a year old, they're in one side because they're small. Ms. Stewart: No. Ms. Mann: Then you have the toddlers; you have the three -year -olds, the five -year -olds, the six -year -olds, which are more active and more playful, and should not be with babies -- Ms. Stewart: In the -- Ms. Mann: -- so you have to separate them. Ms. Stewart: In 17th Avenue on the church right now, we have infants to up to age six, plus after schools. Ms. Mann: Because you have the capacity. Ms. Stewart: We have the capacity. Across the street's going to be the same thing. It's on the plans. It's going to be from infants up to age five. Ms. Mann: So what you're going to do is that you're going to keep the families on one side, and the other families on the other side. In other words, you're notgoing to split the kids around. Ms. Stewart: No. I mean, there's no purpose of doing that if we have ages for both -- space for both kids -- for both schools. Ms. Mann: OK. For argument's sake, what if, for some unknown reason, OK, it happens; one of the parents has a kid going to the church, and the other child is on this property? Ms. Stewart: We would not -- City ofMiami Page 203 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Ms. Mann: They're going to be crossing 17th Avenue to -- picking up their kids. Ms. Stewart: We would not be -- Ms. Mann: They're not going to get in the car and drive across the sfreet to pick up the child; they're going to walk. Ms. Stewart: Listen, I'm not going to do anything to harm any children, and I think nobody would care more about crossing that 17th Avenue than the parent himself. Ms. Mann: Well, I saw it. I had to stop. Ms. Stewart: You say the pastor's daughter and his wife. Ms. Mann: It's human nature. Ms. Stewart: And they were crossing the sfreet the same way they would cross Coral Way to go to the supermarket. Ms. Mann: In the middle of Coral Way? Ms. Stewart: People cross the street all the time; that has nothing to do with the school. Ms. Mann: But this is a daycare center. Ms. Stewart: Exactly, and his daughter, by the way, is seven years old; she's not a little girl. Ms. Mann: OK, well, fine, but you have different ages. Ms. Stewart: I mean, I'm sorry. She's not a little girl, but I'm saying, she's seven years old. Ms. Mann: You have smaller -- Ms. Stewart: That had nothing -- Ms. Mann: -- children than that. Ms. Stewart: -- to do with the daycare. You're presenting this as part of the daycare, and that had nothing to do with the daycare. Ms. Mann: It has everything to do with the daycare because both are the same. Ms. Stewart: She doesn't go to my school. Ms. Mann: Both are the same. The church is your daycare, and now you bought the property across -- Ms. Stewart: The school -- the church -- Chairman Sanchez: Beba. Ms. Stewart: -- is nondenominational. Chairman Sanchez: All right. Listen, listen, I think -- City ofMiami Page 204 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Ms. Stewart: The church -- we rent from the church. Chairman Sanchez: -- you made your argument as to maybe possible crossing the street, dangering -- your -- the argument's been made. Maybe there's some more questions you may ask. Ms. Mann: No, that's it. Chairman Sanchez: That's it? Ms. Mann: I'll let everybody else argue. Chairman Sanchez: All right, so -- OK. Your rebuttal is over. Now what we want to do is, we want to let the public speak. We're going to open a public hearing, and you're going to come up, and I'm going to give you two minutes. Please, let's -- we have a long agenda, so you're going to have two minutes. What we'll do is, one from one side; when you're done, one will come from the opposing side, and you got -- you will have an opportunity to address the Commission, OK? So we'll go ahead and maybe start on this side, and then we'll come to this side. Two minutes. OK, sir, you need to state your name and address for the record. Noel Perez: My name is No -- Chairman Sanchez: Madam Clerk, could you put the clock? Ms. Thompson: Unfor -- the regular time is not working, so I'll use this timer and put it on the speaker for you. Chairman Sanchez: OK. Thank you. Mr. Perez (as translated by Ondina Suarez, official Spanish interpreter): My name is Noel Perez. I live at 1640 Southwest 21 st Street, Miami, Florida. I'm a pastor at the church, at the Baptist church, Nazaret. I'm a pastor for the youth, and I am here representing the 150 members of the church. We see with good intentions -- Cindy's in -- plans or intentions to build a school. We understand this to be positive. It's a project that will benefit the City ofMiami and the vicinity of the church. We believe that to educate a child and educate them well is a good thing that we're doing for the future, and the children of those children will be grateful for having had good education. Thank you very much. Chairman Sanchez: All right. Josefina Sanchez Pando: Good afternoon. Josefina Sanchez Pando, Silver Bluff Homeowners' Association president. As the owner of the childcare center told you, she did go to my house. First of all, let's retract to the meeting with Planning and Zoning. When they came and presented their plans, I brought to the attention several things that were out of order, and I don't know whether they have been corrected. I don't think they can. They have, in their plans, 14 parking spaces. According to the distribution of the rooms where they are going to keep the children, there were five rooms according to ages; the babies, two years, three-, four-, and five -year -olds. That gave you five rooms, which need at least one teacher and one aide. Those are ten employees working there, plus at least one custodian, or one person; that makes it 11; the person receiving the children at the door, that makes it 12; the person at the telephone, that makes it 13. We counted 15 persons, and they have 15 spaces, so that means, unless they have a perfect carpool for their employees, or they use a bus and bring them, they need the parking spaces, or if the parking spaces are going to be left open for the parents, there will be 15 cars parking onto the neighborhood early in the morning, and remaining there until the facility is closed at night; that was one of the things. Second, the parking spaces were in a position that City ofMiami Page 205 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 whoever parked there -- let's say 15 parents were going to park there; 15 parents who are in a rush; 15 parents who are dropping their children; some will park, some will give the child to the person in the door, but if they do so, then they need another person for the oncoming child. We're talking about good administration of the life of children. I don't know if they have fixed that, but they do not have, within their premises, the parking space needed for your operation. Another thing they had in their distribution, they didn't show in the plans any spaces for like a cafeteria, a room to meet, something. They were distributed five big areas according to ages. Those were my concerns the day they presented their plans in the Planning Board. Now, today, we have fought with tooth and nail for the past 25 to 28 years to keep Silver Bluff from 21 st Terrace to the highway, from 16th to 27th, for homeowners. The parking Coral Way is commercial, but if we start, it's just a little hole in the dike. You allow one thing coming in, and then we'll have a domino effect on 21 st. We fought a doctor that was there. We fought -- what's the name of this very important lady? -- it'll come back. We don't want a commercial thing there. We can see it. Chairman Sanchez: I think you've made your point. Ms. Sanchez Pando: We can see it; 27th and 21 st. The lady has just bought the property on 21 st, adjacent to -- not to perturb the neighbor, or some parent is going to live there, somebody of the family is going to live there. What's going to keep it fi^om opening a little door and bringing in a couple of more children? That's the way the Demetrio Perez started on 9th and 25th. Chairman Sanchez: I think you've made your point, Dr. Pando. Commissioner Regalado: And -- Ms. Sanchez Pando: We don't want (UNINTELLIGIBLE) -- believe us. Commissioner Regalado: Josefina -- Ms. Sanchez Pando: If there's anything we would like above all the things, would be children. Commissioner Regalado: Josefina, we're talking of 22nd Terrace. Ms. Sanchez Pando: Twenty-second Terrace, I'm sorry. Commissioner Regalado: OK Ms. Sanchez Pando: I'm very sorry; 22nd Terrace, I'm sorry, Chairman. Commissioner Regalado: Thank you. You made your point. Chairman Sanchez: We've given you plenty of time to make your statement. Let's -- Ana Stewart: Ladies and gentlemen -- Chairman Sanchez: I apologize. Ms. Stewart: -- my name is Ana Stewart. I am Ms. Stewart's mom, and I just would like to tell you the following: She's doing a great job, and she's not only expanding the school, but she's expanding the education. She's doing a great job with the children, and this is what we are here for. Thank you very much. Luis Herrera: My name is Luis Herrera. I live in 1181 Southwest 22nd Terrace. I represent the City ofMiami Page 206 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Vizcaya Homeowners' Association and United Association, and this particular place is a neighborhood; 17th Avenue is a lot of traffic in there, and we concerned life of the children, and I believe they coming in a school that they not supposed to be in there. They now -- we had plenty of schools around the neighborhood. You have the United Way, that you approved for the childrens [sic], and we have (UNINTELLIGIBLE); we have Coral Way, and they have the church. The Little Havana, they need some daycares over there, and nobody care about taking these places over there. We don't need anything, and we going to keep the neighborhood like a residential, and we're going to stay there residential. Every time you changing zoning or give a permanent [sic] to change the houses, they coming with problems, and they come from the traffic; they come from the parking. Everything is against us, and we want to live -- I nothing against the children, let me put it that way. Everything is for the children, I agree with it, but they can find another place; they can go another place. Thank you. Chairman Sanchez: All right. Ma'am, state your name and address for the record. Thelma Sherman: My name is Thelma Sherman, and I live at 444 Southwest 24th Road. I work in downtown, and I am a working mother. I have three infants in Meni-ninho Meni-ninha, and I want to say that every morning when Igo out to work, I feel a peace of mind that my children are very well taken care of. I hereby respectfully request that you support and approve our petition to expand our school, and do not approve the appeal. I wanted to say something about the gentleman saying to keep our neighborhood a residential. Our neighborhood is changing, as you know. You live in my neighborhood. There's a lot of young families moving in from the Brickell area that have kids, and like me, when I was faced to -- with a problem of sending my children to daycare, I had no options; there are no other daycare. Yes, Coral Way, but it doesn't have a daycare, and any other in the area, for the matter. I went to the Downtown Daycare Learning Center, which was my other option, and I was crying because their facility doesn't have any windows. My children were going to have to face with the fact that they would have to spend eight or nine hours a day, when I was working, in a place that has no windows. When I found Meni-ninho Meni-ninha, I was so happy, and my children have learned a lot, and I had to -- I -- there was a waiting list, and because I was an urgency, Cindy made an exception and let my three children in, and I am very grateful for that, and that's why I am here. Thank you very much. Chairman Sanchez: Thank you so much. Ma'am. Judith Sandoval: I'll be very quick. Judy Sandoval, 2536 Southwest 25th Terrace, Silver Bluff. I am not going to speak in favor of the children, in favor of the day school. I am a long-time, 25-year resident of Silver Bluff. I live pretty close to the Silver Bluff school, which is, of course, much larger. It makes a lot of noise. I mean, you can hear the noise from that school for a couple of blocks. Eighty-five kids is a lot of children. They make a lot of noise. The cars are a big bother. It's going to have reverberations for blocks around that neighborhood. We don't need a day school in that neighborhood. It is a lovely residential neighborhood. I would appreciate it if you would preserve it for the tranquility of the rest of us. Thank you. Chairman Sanchez: Thank you. Ma'am. Deborah Roebuck: Hi. My name is Deborah Roebuck. My address is 10201 Southwest 221 Street, and I'm here as a parent of one of the kids that goes to the daycare. I work in the area, at Mercy Hospital, and it's very convenient for my child to be there. Cindy has been an excellent owner of this nursery, and I really enjoy my child; she's learning a lot. I'm against the appeal for the day school -- not to allow the daycare, and I'm very supportive of Cindy for the daycare. Chairman Sanchez: Willie. William Gimenez: Hi. Good afternoon. My name is William Gimenez. I live at 2298 Southwest City ofMiami Page 207 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 16th Avenue. Dear Commissioners, what I'm afraid of is the traffic. As the pastor say, he cares about the children, and we all do care about the children, but it's a lot of traffic. We don't need more traffic. As you know, Commissioner, they're building about 6 two -units, whatever the City call -- wants to call it, 6 two -unit condos, whatever you want to call it, around that block. That's 12 people; at least two cars per people is 24 cars, and if we going to allow more cars coming into the street -- I mean, please help us a little bit to -- I understand. I appreciate that they want to go to a good school. I'm sure they can find many other schools around, and if they can't, you know, it's not our fault, butl don't want intrude in my neighborhood people that are from some other neighborhood just to come to school. They should go to school wherever they belong to. OK. Thank you very much. Chairman Sanchez: Thank you so much. Ma'am, state your name and address for the record. Lissette Lopez: My name is Lissette Lopez, and I reside at 2861 Southwest 36Avenue. I'm here in favor of the Zoning Board's decision to approve the daycare, and against the appeal. In the past several years, there's been a development boom, which has brought an increase in high -density residential high-rise development. Many of these projects came before you for approval ofMUSP (Major Use Special Permit) and changes of zoning, and were obviously granted. With the increase in residential development comes the need for infrastructure and services to support the basic needs of the residents, who will be living in these homes. The increase in development is helping to take Miami into the 21 st century, as a major metropolitan city, but in order for it to truly be categorized with the same significance as cities, such as New York, L.A. (Los Angeles), Chicago, et cetera, this City must be able to allow for businesses which provide for those basic needs of the community. One of those sorely needed services is the subject of the appeal before you today; child care. In today's society, where the majority of households need two incomes to survive, child care has become as much a basic need as food. By denying this appeal, you have an opportunity to show the world that the City is aware of and takes care of its communities most basic needs. Throughout the city, school are placed right smack in the middle of residential neighborhoods because it is where that use is most needed. What is the difference between a daycare and a private or public school, besides the ages of children attending? Are newborns and toddlers somehow more of a nuisance than older children? Does the City consider children a nuisance? People will complain about the traffic, but does a daycare bring about more traffic than a regular school? Are the cars and the parents of newborns and toddlers somehow different or worse than those of the children in elementary or high schools? I hope these questions sound absurd to you because that is what the basis of what this appeal is -- absurd. I can't understand -- I can understand when a community opposes the type of businesses that will increase crime or depreciate properties. I can understand why they might say "not in my backyard," but how can anyone say "not in my backyard" to newborns and toddlers? I didn't know that they were such a detriment to the community. Realistically, I'm sure that at least some of the people opposing this daycare either presently have or have had young children at some point in time. I wonder if it was OK to put their children in somebody else's backyard. I would like to state for the record that although I don't live within the immediate area of this daycare, I have two daycares and Douglas Park within a 500-foot radius of my home. I also have the English Center, and to be honest with you, the English Center and the adults in the English Center, give us problems and the children don't. And the two daycares are in the same exact situation; they're on 37th Avenue, with the side street being two residents, and they cause absolutely no problem to the community. I am glad to have those daycares there. I don't put my children there because I feel that this daycare is one of the best, and I'm very proud to have my child go there. In closing, I would like to state -- remind you that the City's Planning Department and Zoning Board approved the daycare because they felt it was a proper use for this location. Thank you. Chairman Sanchez: Thank you. Yes, sir. Alberto Santamarina: My name is Alberto Santamarina. I live at 2231 Southwest 19th Avenue. City ofMiami Page 208 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 I just want to say that my neighborhood, they cannot take any more traffic; they cannot take any more people. Right now, in the middle of our beautiful single-family homes, they are building 42 rental apartments. I repeat, 42 rental apartments in the middle of our neighborhood. Everywhere in Coral Way, every office, every doctor in Coral Way, they are parking our car in what -- in our homes, next to our homes. When we get home, we got to pick up trash; we got to pick up pampers; we got to pick up everything because everybody is parking all the -- I mean, it's impossible to live anymore in this -- in our neighborhood. Please, you know, look -- we cannot take it anymore. Chairman Sanchez: Thank you. Mr. Santamarina: I don't know what else to say, you know. We're the neighbors in this area. We -- I mean, it's impossible. Thank you. Michael Bay: Hi. How are you? My name is Michael Bay. Chairman Sanchez: State your name and address for the record. Mr. Bay: Yes, sir. My name is Michael Bay. I'm at 2321 Southwest 15th Street. I live in that neighborhood, and I go to that post office on Coral Way and 19th, and there's more traffic in that post office than there would be in a daycare. I've looked at all the daycares in that neighborhood, from Carousel on 27th Avenue, to the one that this gentleman says that in Little Havana, they don't have any. Well, there's one on 8th Street and 22nd Avenue, and I've been there. My wife has been there, and we've seen on hands -- on firsthand, on how they teach the children, and this is my daughter, and I want her to learn; and, at Cindy's school, we've had the benefit -- we sat in, and my daughter has responded. In all the other schools that we've gone to, she hasn't responded, so I'm one of the families that's been on a 20-month waiting list, and I live in the neighborhood, so I'm going to have to wait because there's just a few for the good that this woman's going to do for our neighborhood and for my wife? I mean, we're in the same situation. My needs have to be met, so the Commission has to make a decision here. It's going to be good for the community, and it's going to be good for the young people that are coming in there with families. Thank you for your time. Chairman Sanchez: Anyone else on -- Unidentified Speaker: I don't think so. Chairman Sanchez: No? OK. Well allow -- let's try to keep it at two minutes, so we could make a final decision on this. Alvaro Montes: Yeah. How are you doing, members? And my name is Alvaro Montes. I live in 1542 Northwest 2nd Street. I'm coming to supportMeni-ninho Meni-ninha because this is a great daycare. My nephew and my son -- they're right here -- they love it, and they have learned a lot, and now my other nephew's planning to go to that school, and I wish you support them, and these people is talking about traffic. There's traffic everywhere, wherever you go, so, please. Thank you very much. Chairman Sanchez: All right. Monique Gutierrez: Good afternoon. My name is Monique Gutierrez. I reside at 2150 Southwest 17th Avenue, and I'm an employee for Cindy. Do you want everyone to introduce themselves? Silvia Morales: My name is -- Chairman Sanchez: Oh, yeah. City ofMiami Page 209 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Ms. Morales: -- Silvia Morales. Chairman Sanchez: Put your name on the record. Ms. Morales: I live in 2150 Southwest 7 -- 16th Avenue, Apartment 407. I have a granddaughter that goes to this school, and she waited for more than two months in a waiting list. I think this school is very necessary for the community. Alexandra Lacy: Hi. I'm Alexandra Lacy, and I love Ms. Cindy's school a lot because they have a after school program, and I go there almost every day after school, and I really want her to build another school because my mom works there, and there's a lot of kids that really want to be in that school. Ms. Gutierrez: I'd like to say that I'm an employee for Ms. Cindy, and I know that she's very knowledgeable about all the requirements, as far as the parking, and the facility, how the spaces need to be divided; that really isn't an issue. I think that there's no problems, only solutions, and those typical things can be worked out. I think it should be given a chance to prove itself and Miami's a big, growing city. It's not like we're opening a grocery store or anything like that. It's a childcare facility, and there are other businesses that (UNINTELLIGIBLE), Office Depot, the post office, the gas station. Just give her a chance; she's a great worker. Unidentified Speaker: Before you go, we need your name on the record. Ms. Gutierrez: I see. Monique Gutierrez. Unidentified Speaker: Thank you. Ms. Gutierrez: OK. Elizabeth Leon: Elizabeth Leon, 3168 Southwest 25th Street. Lucero Sanchez: My name is Lucero Sanchez. I work with Ms. Cindy. I work in Meni-ninho Meni-ninha, and I think that we're giving a great service to the community. Lourdes Lopez: My name is Lourdes Lopez. My address is 10 -- 3522 Southwest 25 Avenue. Rogelia Simon: Rogelia Simon, 1640 Southwest 19th Terrace. I have lived here in the same area for 34 years. Thank you. Carmen Lagos (as translated by Ondina Suarez, official Spanish interpreter): Carmen Lagos, 2150 Southwest 16th Avenue, Miami, Florida. Beatriz Lancis: Beatriz Lancis, 1941 Southwest 59th Avenue. I don't live in the area, though I work at Shenandoah Middle. I'm a little bit nervous. I'm not used to this crowd. It's a loud, misbehaving crowd, not like this. I went to the School Board and many places, and I did not find a place for my daughter to go. I found it atMeni-ninho, and they had done an outstanding job. Thank you. Isabela Sierra (partially translated by Ondina Suarez, official Spanish interpreter): Isabela Sierra, 7727 Southwest 86 Street. I work at Mercy Hospital and the location of the school is very convenient for all the parents that work at Mercy Hospital. Mercy doesn't have a daycare facility anymore, so we approve this school. Onelia Fernandez: I am Onelia Fernandez. I workMeni-ninho Meni-ninha, and it's a very City ofMiami Page 210 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 great school. Roxane Ricalo: Hi. My name is Roxane Ricalo. I will -- not a resident of the area, butt will be moving in shortly, andl believe that, with the childcare facility, (UNINTELLIGIBLE) sacrifices should be made with the parents, and as the lady said before about the traffic, I think there's traffic everywhere, and this is a good thing for the community, so I approve it. Thanks. Ken Stewart: Hi. My name is Ken Stewart. I reside at 3311 Southwest 21st Street. A lot that has been discussed by those that are opposed to the childcare, it's -- a lot seem to be based on assumption, as far as the drop-offs and -- you know, you have two different -- you have two schools of the same name, but you're going to have two different drop-off areas. It's not like you're going to be crossing the street, as they said; they assumed that was going to happen. Miami's growing; we all know that. You can't drive half a mile without seeing three, four cranes. It's not the same city that it was ten years ago, five years ago, twenty years ago. They made mention that they've been, you know, opposing the idea of you know, growth in the neighborhood for the past 25 years, they've been fighting this. It's not the same city. We're up-and-coming. We're here already, and it's going to get bigger and bigger. I'm for the school. I may be -- you know, some people might feel I'm a little biased. I am the owner/operator's brother, and nobody's seen her put more effort into anything like she has the past six years. I mean, she's dedicated; she did it out of love. You're not going to get a better person opening up a school in that area. I mean, she's all about kids, so -- Chairman Sanchez: All right. Thank you so much. That concludes the public hearing. Now, we close the public hearing, bringing it back to the Commission. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you very much, Mr. Chairman. IfI can have somebody from the staff from the Planning or Zoning Department, maybe Lourdes, Orlando. I have a question for you. Would Miami 21 allow this kind of change? Ms. Slazyk: It hasn't been written yet, so I really can't answer that. It's a form -based code. It will have uses assigned to each of the districts. I don't know if it's going to be a use by right, or if it's still going to need a special permit. Commissioner Regalado: OK I did not go to Miami 21 presentation, but have seen some clips on Miami TV (television). There was a lady that introduced -- what is the consultant name? -- Elizabeth -- Slazyk: Elizabeth Plater-Zyberk. Commissioner Regalado: That one. She was introduced as the goddess of planning, right, ifI remember well, and when this lady that don't know, she started speaking, she -- in the issues that she addressed, she mentioned one of the things, saying we need to have a different set of standards for residential and for commercial, and divide the commercial away from the residential; that is the gist of what she said, some of that. Ms. Slazyk: Yeah, and then she talked about transitions, but yeah. Commissioner Regalado: Right, right, and transition and all that, so since you don't know, nobody knows, it could be recommended; it could be prohibited, right? Ms. Slazyk: Yeah, I guess, because -- no, we don't have a draft of that yet. The uses will be dealt with as part ofMiami 21, but we don't have it yet. Commissioner Regalado: OK, so while people wait for Miami 21, we do whatever we need to City ofMiami Page 211 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 do. The issue here is not about the children. The issue here is about residential areas. I know this church. I know the pastor of this church. The work that they do is extraordinary. In fact, when I had some little money left over from my campaign fund, I donated something to the church, and they used it for outreach because the work that they do is extraordinary. There is a lot of people from the are that area in the waiting list, and they are demanding good quality education. Unfortunately, the School Board, which should be in the business of helping people like her with vouchers, and planning, and support, is not that; and yet, we pay the third of our property taxes to the School Board, and then we have to make a decision, not about zoning, or residential, or protecting a residential area, but about the need of the children, which is a legitimate need, and yet, we are not the School Board. This is tragic because we have -- we pay a lot of taxes to the School Board ofMiami-Dade County, an independent entity, to address issues like this. Today we make a decision here about the zoning, and about residential, and about commercial. As of now, the west side of 17th Avenue is still residential. Unidentified Speaker: That's not true, sir. On the corner of the west side of 7 -- Chairman Sanchez: Whoa, whoa, whoa, sir, sir. Commissioner Regalado: Sir, if you allow me, I -- Chairman Sanchez: You're out of order. Unidentified Speaker: That's not correct. Commissioner Regalado: It is correct, sir. It's -- excuse me, excuse me. The west side, there is a service station on 17th Avenue -- no, sir. I -- sir, since 1961, I live in the Coral Way area. This is the west side I'm talking. I know what I'm saying. There is a service station, which by the way, there's nothing that they can build there because it was declared historic, and that building will be there forever. There is no way that they can demolish that building and build another condo there. After that, it's all residential to 24th Terrace, where you have the dry cleaners, Quizno's, and the party place, and also the entrance of a condo building -- the back entrance of the condo building in -- all of the rest of 17th Avenue is commercial, as it is, from 21 st Terrace to 14th Terrace, on the west side of 17th Avenue. My point is that it is important to have good facilities to -- for the children of our area. I would hope that they can have places like the lady is trying to establish, I guess, as an expansion of the church nursery, everywhere. I would love to have a huge daycare in Coral Way. That is extraordinary. Actually, there are some in Coral Way, some in 27th Avenue, all in residential. The thing is that there's going to be a domino effect, whether we like it or not. What we do today here will impact the area for years and years and years, so my motion, Mr. Chairman, will be to grant the appeal and deny the exception for -- the special exception for this place. Chairman Sanchez: And I think this item deserves a discussion, and therefore, I will second it for the purpose of discussion, and only for the purpose of discussion. Commissioner, would you like to discuss the item? Vice Chairman Gonzalez: No. Really, this is a very tough situation. I sympathize with the residents and their concern, but I also sympathize with the families that have childrens [sic]. I'm a father; I had to raise my daughters in this city, and one thing that really concerns me and really hits me pretty hard is when I hear expressions like "they should go where they belong, " or "they should take their kids to their places, " or statements of that sayings because I've been in this city since November 6, 1960, and even though I was very young, very, very young, I remember the statements and the signs in front of the houses that said "No Kids, No Ducks, No Cubans, " and I remember when my family was trying to rent a house, that we were denied the right to live in a house because my mother had kids, and my aunt and uncles have kids. I'm a Christian. I belong to a Christian church, and I know this item is not going to pass because the City ofMiami Page 212 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 district Commissioner does not approve it, but -- ifI had to vote on it, as a Christian and as a father, I will had supported the item. Thank you. Chairman Sanchez: IfI may on that, Commissioner Regalado, you're absolutely right, sir. It's -- everything that we do here has a negative or a positive impact in our community, but I'll tell you one thing that we cannot do, and that is to throw out the baby with the bath water. I'll tell you this much, I look around the crowd here, and I see four individuals that came to the meeting when we decided to vote on the United Way, the Center of Excellence, an organization that's praised for their efforts, not only for the good deed that they do to our community, but the opportunities that they give so many children in our community, especially those that are less needed -- those that are in need; working families that don't have the same things we have, and they have to work two or three jobs to maintain a balanced checkbook to be able to pay for their rent and put food on the table. I could tell you this much, the people that came here and they argued against the United Way, made the same arguments, valid arguments; we're not going to dispute that. Parking was a problem. They were concerned about where all those cars were going to be parked. I had a group that 'til this day, for whatever reason, decision that made for the best interest of our community, are still upset at me, and you know, as an elected official, we have to make decisions sometimes aren't well received by all, but could assure you that we make the best decision; and, today, the United Center for Excellence is under construction. They will be giving children an opportunity they never had. As a matter of fact, the waiting list is so high that they're looking for other areas now to support, with the monies that they received, to allow those children to have a place to go, and still, to this day, some of those neighbors have not forgotten whatl voted for. I was in favor of that, and they complained about parking, which was an issue. We addressed that; a drop-off zone. They complained about a drop-off zone; they didn't have a drop-off zone, and that was a big concern to them, and it's a concern to this project, but we addressed those issues. We swapped things around, and they have a place to park. They're going to hire an off -duty police officer. They were happy at the end of the results; some, not many, but today, we have a world -class Center of Excellence on Coral Way. Yes, Commissioner Regalado, it would be great if we could have all these child care centers on Coral Way. It would be great if we could have a place to build them all, where we'd drop them off on our way to work, and we didn't have to worry about it, but unfortunately, because of the growth of the city, not today, but in the many years that have passed, we're faced with a situation where parents need to have a place to drop off their children so they could go work, and as government, we have a responsibility to provide that for them, and it's important that we focus on those things because they are the future of our great nation. Having said -- now, I want to focus on this and ask some very valid questions that have to the Administration. One is, they were granted the special exception March 28, 205 [sic], by a vote of 6/2; is that correct? Ms. Slazyk: Yes, yes. Chairman Sanchez: Based on what? Was that the recommendation of the Zoning and -- Ms. Slazyk: The -- Chairman Sanchez: -- the Zoning Department? Ms. Slazyk: Our recommendation was based on findings that it was going to provide a much needed service to the community; that it was in scale and character with the surrounding area; that it was designed well, and that it complied with all of the criteria of 1305, including all zoning requirements. They did not seek any variances, so it met all of the requirements. Chairman Sanchez: All right. Having you put that on the record, they're asking -- their permit is 85 children. Ms. Slazyk: Correct. That's the request. City ofMiami Page 213 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: And that is -- that, to me, is a concern, 85. I think that number is a bit high, based on the arguments that have been put on the record, as to not the property because you are the ones that dictate what's appropriate for them to do there -- put there or not, and then we support based on valid, substantial facts to an argument, OK That's my decision here today. We are a quasi-judicial; we're like judges. You present your case, and you present the case, and then we decide what -- how we vote on the issue. Eighty-five children, do you think that eighty-five children there is an affable number to have in that size property, as to the concerns that were brought forth by the residents, as to parking, which Dr. Pando -- Sanchez Pando brought out; 12 spots. How many spots? Unidentified Speaker: Fifteen. Chairman Sanchez: Fifteen spots. Ms. Stewart: There's -- Ms. Sanchez Pando: There's no room to play. There are no playgrounds. Ms. Stewart: Yes, there is a playground. Chairman Sanchez: That's irrelevant. Ms. Stewart: And there is -- Ms. Slazyk: They -- their -- yeah, their require -- the requirements are -- the parking requirements are being met, and there was a requirement that they have outdoor play area to accommodate half of the capacity of the daycare center at any given time, and they meet those requirements. Would it -- you know, they just meet the requirements, so -- but they do meet the minimum requirements. Chairman Sanchez: But when you say they just meet the requirements -- Ms. Slazyk: They meet the requirements; they don't have a lot of excess. They -- but they comply, which means -- Chairman Sanchez: Cindy -- Ms. Slazyk: -- you know, if it were -- Commissioner Regalado: Mr. Chairman. Ms. Slazyk: -- yeah, if it were less, they'd have more excess. Ms. Stewart: I'm willing to go from 85 to less. Chairman Sanchez: Wait, wait, wait, wait, wait, wait, wait. Listen, whoa, whoa, whoa. No, no. Commissioner Regalado: One question. Chairman Sanchez: Commissioner Regalado, I am -- I have the floor, sir. Commissioner Regalado: OK Chairman Sanchez: I would yield to you, with all due respect, ifyou wanted, but I think it's City ofMiami Page 214 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 important that we need to focus on this. There is a solution to this. There is a solution, and maybe reducing some of the numbers of the students -- Ms. Stewart: I'm willing to do that. Chairman Sanchez: Well, but don't stipulate anything on the record yet, because I want to make sure that we address all the issues that the neighbors have concerns. One is, the parking spaces that they have, 15; do they meet your standard staff? Ms. Stewart: We have 16 parking spaces. Chairman Sanchez: Sixteen; do they meet your standard staff? Ms. Stewart: Yes. As a matter offact, aside from that, what wanted to mention before earlier is that we are across the street, and if the teachers do want to park across the street, the pastor has said that we have no problem parking across the street, plus we do have the space -- she mentioned that you needed one person and an aide in the classroom, and you don't. For four babies, you only need one person, and we're having three babies in one classroom, so we only need one person. You don't need two people with three babies, so she was mentioning that you need one and an aide, and that's not correct. Chairman Sanchez: Where -- Well, Dr. Pando, you're out of order, ma'am, with all due respect. Where would the drop-off zone be? Because here's the concern that have. God forbid one of those children, as Beba Mann stated, crossing the road, gets hit by a car. I think that we have not only a fiduciary responsibility, but a responsibility to look out for the children, to make sure they're not hit by a car. Where will the drop-off zone be to drop off the children to this nursery? Ms. Stewart: I have it here. It's on the -- Commissioner Regalado: My question was, where is the drop-off? Where is the entrance? Vice Chairman Gonzalez: Mr. Chairman. Commissioner Regalado: You see, the problem -- Vice Chairman Gonzalez: Mr. Chairman, I think that you need -- Commissioner Regalado: -- that have ifI -- Vice Chairman Gonzalez: -- whatever is being discussed, you need the mike. You need it to be part of the record; is that correct? Commissioner Regalado: No, I -- Ms. Slazyk: The plans that I just handed are in each of the Commissioners' books, if you go to the PZ.29 item, right after the staff recommendation is a set of plans, so you can actually -- Chairman Sanchez: Well, let me -- Ms. Slazyk: -- follow in your book. Chairman Sanchez: -- state for the record what I'm looking at. I'm looking at the blueprint of the property -- Ms. Slazyk: Correct. City ofMiami Page 215 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: -- and I'm looking at the drop-off zone, which continues to be a concern that I have. One is, I want to be able to be assured that the childrens [sic] are going to be safely dropped in, the traffic is not going to be a run off of traffic onto the residential area on 23rd, or blocking 17th Avenue. Yes, so I want to make sure that that's an issue that we address. What do you have to address that concern? Ms. Stewart: OK. This is a six-foot wall around the property, and it's CBS (Concrete Block and Stucco), I believe, and around the playground, for the safety of the children; that she had mentioned that we don't have a playground, we have two, but we omitted this one so it would not make impact on the noise, so we omitted this one. This one's plenty of space for the kids, with a five-foot wall, CBS wall. As far as coming in, you come in from 17th Avenue, and you have parking all available in here, going all the way out, and then we have a sign here that would say for the parents to make a left only, so you would not interfere with the neighborhood, and then the drop-off would be here, and out, and the house over here, I own, so I would not be disturbing any neighbors because this is at 17th Avenue. There is a supermarket in the front. Mr. Fitzgerald, which owns the house in the front that is in favor of the daycare and the church. I would not be bothering anybody. None of the houses, no houses here, except one on the corner, who is in favor of the daycare. Chairman Sanchez: Well, some of the things you've stated on the record are conditions that were put on the record as maybe coming into an agreement with. Ms. Stewart: Which is the trees -- Chairman Sanchez: Now, let me ask you something. Ms. Stewart: Um -hum. Chairman Sanchez: Would you proffer to reduce the 85? Ms. Stewart: Yes. Chairman Sanchez: To what number? Ms. Stewart: Sixty-five; would that be OK, sixty-five? Chairman Sanchez: No, it's -- they -- Ms. Stewart: That's 15 less. Chairman Sanchez: They've already state their -- Ms. Stewart: Well, they don't want anything except a house there. They mentioned that to me, butt mean, I'm willing to work with everybody because I want to be there. I want to grow, but I also would like the neighbors to be happy. I don't want to be in a neighborhood with anybody unhappy, but I'm willing to work with you guys, butt need you to work with me, too. I'm doing -- I'm not doing a condominium; I'm doing a two-story building. They have the pictures. They have the site plans, and it's simply looking like his house, similar, right? Two stories; it's not any bigger. It's not going to block anybody's house. I spent a lot of money purchasing the house in the back. It's not going to be used as part of the property. I can use it as a covenant, if you want to put a covenant so we cannot use the house in the back. I did that so I can be happy with the neighbors and make sure they would not be unhappy. Chairman Sanchez: Well, I'll tell you some of -- go back over there with the map. If you would City ofMiami Page 216 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 proffer that it be 65-person daycare center -- Ms. Stewart: Um -hum. Chairman Sanchez: -- and that you would put also on the proffer -- on the covenant that the house adjacent to it in the back will not be used as a child care center, or related in any way to the child care center. Ms. Stewart: Yes, I am. I'm willing to do that. Chairman Sanchez: You're willing to proffer? Ms. Stewart: I'm willing to do that. Yes, sir. Chairman Sanchez: Well, as stated before I made the second to allow a proper discussion, which I think that every item that comes in front of us deserves a discussion, just like we need to listen to the public and get their opinion, we need to discuss the item, and I think that the items that have been discussed are very valid. The homeowners are concerned about the fraffic; they're concerned about the congestion, but you know what? I take that into heart. I think that we must compromise on this issue because, at the end of the day, we're talking about families that are going to have a place to drop off their children, where right now every child care center in the City ofMiami has a waiting list because they don't have a place to drop off their children, and I think that we owe it to them, to their neighbors, and everyone to work together to fry to find a solution, so based on the covenant that was put here, as a compromise, I will withdraw my second, and then we'll vote on it, and if my colleagues don't support me on that, we'll vote on something else, but I do want to give it an opportunity. I think that we are all mature. Everyone that came up here said it's not about the children; it is about my community. It is about finding ways to not have a negative impact to my community, or if it's going to have an impact, we want to make sure it doesn't impact the (UNINTELLIGIBLE) and we're able to work with them. How many jobs will you be providing there? Ms. Stewart: About five because we already have people in the other school that would be moving over to that area. Chairman Sanchez: Here's another covenant I want you to put on the record. Ms. Stewart: OK. Chairman Sanchez: If this passes, you will work -- and the Commissioners both from -- Commissioner Regalado and myself, if it does pass, we'll work with you with the School Board to install a fraffic light -- Ms. Stewart: Thank you. Chairman Sanchez: -- in that intersection, and make sure that the children -- people could walk safely -- Ms. Stewart: Thank you. Chairman Sanchez: -- across the street. Commissioner Regalado: Mr. Chairman. Ms. Stewart: And we requested that before -- City ofMiami Page 217 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: Well -- Ms. Stewart: -- with Mr. Regalado. Thank you very much. Applause. Chairman Sanchez: No, no, no, no, no, no, no, no. Hey, listen, you save it for the next Heat game, OK? All right. Commissioner Regalado. Commissioner Regalado: Mr. Chairman, just for clarification, I don't think that there is a possibility of a fraffic light. I have worked with Miami -Dade County Public Works in the issue of 17th Avenue because of the speed, and we have been denied several times traffic lights in 17th Avenue. In fact, Public Works from Miami -Dade County denied a City's request, my request, for a signal of no left turn on 24th Terrace, because they say that they want to keep the traffic flowing, the drop-off of US 1 and Coral Way through the Silver Bluff area, and they denied that, so I -- you know, I think that the fraffic light, the pedestrian traffic light is a good idea, is a great idea, but it ain't going to happen. It's very -- it's impossible. The -- Miami -Dade County will not do it. Their argument will be that there is a fraffic light on Coral Way and 17th, and they will not go for that traffic light. I just want to say that because I think it's just something that the people should know. I mean, the possibilities are just impossible for this traffic light. Chairman Sanchez: All right. Now, it's -- the public hearing is closed, and we're not going to allow anybody -- as it is on the record, this has been debated. We've had public hearing. It is on the format -- Dr. Pando. Commissioner Regalado: So you withdraw -- so, let me -- Chairman Sanchez: I will withdraw my second. Commissioner Regalado: OK, the Chairman has withdrawn his second, so I will allow the Chairman to make a motion, whatever he feels. Chairman Sanchez: I will -- ma'am, the public hearing is closed on this. I mean, we've debated it back and forth. Vice Chairman Gonzalez: It's closed. Chairman Sanchez: It is closed, ma'am. I can't allow anyone to speak, or else we'll continue to speak forever. You've had an opportunity to come up here and address the Commission as to your concerns. Both sides had an opportunity. As a matter of fact, I gave this side a little bit more time, because you had less people, to address this. Now, based on where we're at, I would like to make a motion to deny the appeal -- correction? -- Ms. Slazyk: Correct. Chairman Sanchez: -- based on the covenants that have been put on the record. Ms. Stewart: Thank you. Chairman Sanchez: And I want you to put them on the record again to make sure that the Administration is aware of those covenants. One is -- Ms. Slazyk: Well, since this isn't a zoning change, technically, she doesn't have to proffer a covenant. You could just add these as conditions of approval, and they're -- City ofMiami Page 218 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: I apologize. Ms. Slazyk: Yeah. Chairman Sanchez: Based on -- I want to put the conditions -- Ms. Slazyk: Let's just add the conditions, right. Chairman Sanchez: -- on the record that were clearly discussed and approved here; one is a reduction from 85 to 65. Ms. Slazyk: OK. Chairman Sanchez: OK, that no left turn -- Ms. Slazyk: No left -- Chairman Sanchez: -- or right turn coming -- Ms. Slazyk: Right. Chairman Sanchez: -- out of the -- Ms. Slazyk: No, it would be left turn only for egress. Chairman Sanchez: Right. The house in the back cannot be used or associated with anything pertaining to this child care center, and there was something else -- Ms. Stewart: Sixty-five kids. Chairman Sanchez: No, I said that already. There was something else on the record. Ms. Slazyk: The only other one you said was the -- Chairman Sanchez: I should have wrote them down. Ms. Slazyk: -- that the applicant should -- Ms. Stewart: Oh, the traffic light? Ms. Slazyk: -- with the City's help, petition for a traffic light, and then there was the frees issue from this other settlement. Chairman Sanchez: Exactly, that's the one. Ms. Slazyk: That the trees need to be relocated pursuant to -- Chairman Sanchez: Providing an ample buffer to the -- Ms. Slazyk: Right. Chairman Sanchez: -- surrounding properties that are affected, such as the gentleman who withdrew his appeal. Ms. Slazyk: Right, with the -- with -- yeah, and the rest of the conditions here I looked at had to City ofMiami Page 219 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 do with the wall, which is already in the plans, the trees, the business sign, only limited to one facing 17th Avenue, and there was a height restriction; some hours of operation. He asked that she only allow no more than 20 children at a time in the outdoor play area to keep the noise down. These are all things that are -- you know, they can have as a private agreement, unless you want to incorporate -- Chairman Sanchez: I want to incorporate them to make sure they don't -- Ms. Slazyk: All of these into here -- Chairman Sanchez: -- violate them. If they -- Ms. Slazyk: OK. Chairman Sanchez: -- violate them, then we will deal with them. Ms. Slazyk: I -- we can incorporate all of these into here, except for the one that I said, number five. Number five has to do with a deed restriction. That's something they can privately -- Chairman Sanchez: That's -- Ms. Slazyk: -- agree; we can't do that. Chairman Sanchez: No, no, no, no, no. That's between -- Ms. Slazyk: OK. Chairman Sanchez: -- them. We don't get involved in that, butt want -- Ms. Slazyk: But the rest of them I can incorporate. Chairman Sanchez: -- those conditions on the record because I -- like I said it before -- Ms. Slazyk: OK. You want me to read them? Chairman Sanchez: -- we shouldn't throw out the baby with the bath water on this because, you know, I think there is room for both the neighbors and the children in that community, and I -- the end of the day, I think that a lot of the neighbors are going to benefit later on -- Ms. Slazyk: From -- Chairman Sanchez: -- as time goes on, and you know, children become parents, and parents become parents, maybe their kids will be -- or be attending this child care center, and with everything, you know, time heals everything. That's -- Ms. Stewart: And we have a lot of kids from the neighborhood; they're not from outside. They're within the neighborhood. Chairman Sanchez: Oh, no. Here's another covenant -- another -- Ms. Slazyk: Condition. Chairman Sanchez: I want to make sure that she gives local children, within a three- to four -mile radius, priority. City ofMiami Page 220 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Ms. Stewart: Yes, no problem. Chairman Sanchez: Because that's one of the things that put on the United Way -- Ms. Slazyk: Yes, yes. Chairman Sanchez: -- and I've had a lot of parents called me and thanked me for that because they get to pass Go and go home and collect $200. Ms. Slazyk: All right. You want me to read the rest of these in the record, then? Chairman Sanchez: Absolutely. Ms. Slazyk: Or just submit -- you want me to read them? Chairman Sanchez: Yes. Ms. Slazyk: OK. One, provide a minimum of 4-inch diameter by 12-foot high; minimum of planting hardwood frees acceptable to the City ofMiami Landscape Code, not palms, along the north property line adjacent to the proposed six-foot CBS wall, separating the properties in question; two, correct the site plan to reflect that the proposed CBS wall adjacent to the north property line be at six feet high, as shown on the detail, and not five feet, as shown on the site plan, and that any exposed portion of the wall, when viewed from the adjacent north property, be finished and painted;; three, provide a solid five-foot CBS wall around the designated outside play area, as re quested by the City ofMiami for protection and noise abatement; four, business sign will be limited to one facing 17th Avenue, will not be higher than six feet above the finished grade of the property, and will be limited to the name of the business only; abide by all City ofMiami zoning, as well as other state and local code requirements for the operation of a child daycare center, located in an R-1 zone, without variances, as described in the Code for special exception approval; provide for and agree for all time that the child daycare business is operated, that the outside playtime will be limited to no more than 20 children at any one time, and that the outside play will be limited to the area designated as playground, 1,230 square feet, as shown on the site plan, and that the area designated as additional playground will be removed and not used for outside play. Next, agree to limit the child daycare operating hours; that for all times that the daycare business is operated to no earlier than 7 a.m. for drop-off and no later than 6:30 p.m. for pick-up, Monday through Friday, 52 weeks per year. The -- then the next two, actually, all both have to do with future uses of the property, which I, again, would recommend that actually, four and five on the bottom part, that really is a private agreement. You can't limit future -- Chairman Sanchez: All right. Ms. Slazyk: -- people. Chairman Sanchez: So based on those conditions -- Ms. Slazyk: Plus the ones you just read. Chairman Sanchez: -- plus the one that have read -- that you've read and I've placed on the record -- Ms. Slazyk: Right. Chairman Sanchez: -- I so move. City ofMiami Page 221 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Vice Chairman Gonzalez: Second. Commissioner Regalado: OK Chairman Sanchez: Discussion. You could discuss it. Commissioner Regalado: I have a question, and maybe somebody can answer. Are we closing a school? Ms. Stewart: No. Commissioner Regalado: We're not. Are we -- Ms. Slazyk: The City isn't closing a school. Commissioner Regalado: No. Ms. Slazyk: No. Commissioner Regalado: The -- with this legislation, we are not closing an existing -- Ms. Slazyk: No. Commissioner Regalado: -- school? Ms. Slazyk: No. Commissioner Regalado: Nor are we closing an existing center for children? Ms. Slazyk: No. Commissioner Regalado: We're just allowing one. Ms. Slazyk: You're allowing one. Commissioner Regalado: So, I just think that it's unfair that we are being, the Commission or myself portrayed as not being interested in the welfare of the children, because this is not about the children. I don't understand why the debate is about the children. This is just about a residential area and a commercial establishment. I hope that we have so many good centers like this in our commercial corridors. Like I said, Coral Way will be spectacular for one of these establishments, andl -- Ms. Stewart: IfI may say something. Commissioner Regalado: -- said it again, it is -- I know what this church do. I know what this pastor has done for the area, but this is not the issue. The issue is not closing a school, or you know, or not taking care of the children. I think it's unfair to say that we are doing that if we deny this. We're just saying, like we said to an attorney in 22nd Avenue, no, you cannot have an office on a residential street, and somebody may have said, well, you know, you're -- we need attorneys because, you know, every day we need to file suits, and all that, and go to court, but that's not the point. The point is not about the children. The point is not about attorneys. The point is not about doctors. The point is just simple, about residential area. That is the simple issue, and I just want to say that because this debate has been about the children, and mind you, there is no one who can vote against children. In fact, we, the voters, voted ourselves a tax when we were told that the Children Trust was needed for health insurance for the children, and you City ofMiami Page 222 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 know, when they have these commercials for the bond issue, the childrens [sic], everybody went and voted for the bond issue last November with the children, so -- but this is not about the children. This is just about a house -- that used to be a house -- that is going to become an establishment to take care of the children, so having said that, I -- Chairman Sanchez: Do roll call. Commissioner Regalado: Yeah. Chairman Sanchez: Roll call. Commissioner Regalado: Roll call, please. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The item passes, 2/1. Chairman Sanchez: All right. We -- no, no, no, no, no, no, no. No clapping, no clapping. Save it for the Heat game. OK, thank you so much. Ms. Stewart: Thank you. Unidentified Speaker: Yeah. Say "thank you," yeah. Ms. Sanchez Pando: You have witnessed a domino effect. We have just lost 22nd Terrace. It's not the children, it's the neighborhood. Chairman Sanchez: OK. Ms. Sanchez Pando: The domino effect. We will have other (UNINTELLIGIBLE) coming in. Chairman Sanchez: Doctor, doctor, you're out of order. You're entitled to your opinion, but you're out of order. Vice Chairman Gonzalez: No, no, no, no, no, no, no. Chairman Sanchez: No, no, no, no, no, no, no, guys. Good evening, good evening, folks. Dr. Pando, Dr. Pando, please. Ms. Sanchez Pando: I'm sorry. Chairman Sanchez: You're a professional, Dr. Pando. Ms. Sanchez Pando: I'm sorry. Mr. Bay: Mr. Chairman, I just wanted to apologize (INAUDIBLE) -- Chairman Sanchez: Sir, your apology is well taken. Have a good evening. Thank you so much, everyone, for coming. All right. We move along. OK. Ms. Slazyk: PZ.7. Chairman Sanchez: No, nunca (comment not translated). It would never -- I will never have you City ofMiami Page 223 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 escorted. I will personally escort you out. Ms. Sanchez Pando: If you escort me out, that's fine. Chairman Sanchez: All right. Ms. Sanchez Pando: Do you know in the studies, in the traffic studies -- Mr. Fernandez: Did he recess the meeting? Ms. Sanchez Pando: -- the City had (UNINTELLIGIBLE), you know how many cars pass by -- Chairman Sanchez: Doctor. Ms. Sanchez Pando: -- 24th Terrace a day? Just tell me a number. Chairman Sanchez: I don't know, but I'll be more than -- Ms. Sanchez Pando: Give me a number, any number. Chairman Sanchez: -- glad to meet with you when we're not in the Commission. We've got a lot of items. Ms. Sanchez Pando: No, no, no. I want you to tell me that number right now. One thousand, eight hundred cars pass there. Now, do you want another two or three hundred to the number? That's your number, not mine. Chairman Sanchez: Thank you, doctor. Have a good one. Ms. Sanchez Pando: You're welcome and I love you. Chairman Sanchez: Thank you. PZ.30 04-00572 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1622 AND 1630 NORTHWEST 22ND AVENUE AND 2210 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "HIGH DENSITY MULTIFAMILY RESIDENTIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00572 (Version 2) Legislation.pdf 04-00572 & 04-00572a Exhibit A.pdf 04-00572 Analysis.pdf 04-00572 Land Use Map.pdf 04-00572 & 04-00572a Aerial Map.pdf 04-00572 School Board Comments.PDF 04-00572 PAB Reso.pdf 04-00572 & 04-00572a Miami River Commission Analysis.PDF 04-00572 Application & Supporting Docs.pdf City ofMiami Page 224 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to "High Density Multifamily Residential" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1622 and 1630 NW 22nd Avenue and 2210 NW N River Drive APPLICANT(S): 1622 Investment Corp., Castille Group Inc., Patrick Karakadze, Curtis B. Van Sant & Jose A. Rado, Owners APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. MIAMI RIVER COMMISSION: Unanimously recommended denial to City Commission on May 3, 2004. PLANNING ADVISORY BOARD: Recommended denial to City Commission on May 19, 2004 by a vote of 7-1. Also recommended denial to City Commission on March 2, 2005 by a vote of 6-0. See companion File ID 04-00572a. PURPOSE: This will change the above properties to High Density Multifamily Residential. CONTINUED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Allen, with Chairman Sanchez absent, and was passed unanimously to continue item PZ.30 to the Planning & Zoning meeting currently sheduled for June 23, 2005. Chairman Sanchez: All right. PZ.27 is a resolution. Lourdes Slazyk (Assistant Director, Planning & Zoning): We -- Priscilla A. Thompson (City Clerk): PZ.30. Ms. Slazyk: 27 and 28 -- Commissioner Winton: 27 and 28 were continued. Ms. Slazyk: -- yeah -- were continued; 29, we already did, so we're up to 30. Chairman Sanchez: All right. Help me out here. Ms. Slazyk: PZ.30 and 31 are companion items. This is a land use and zoning change. The property is 1622 and 1630 Northwest 22nd Avenue, and 2210 Northwest North River Drive. The request is from duplex residential to high density multifamily residential. The recommendation from the Planning Department is for denial; denial from the Planning Advisory Board, and approval by the Zoning Board. Chairman Sanchez: All right. Gentlemen, are you ready for your presentation? City ofMiami Page 225 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Ben Fernandez: Yes, we are. Chairman Sanchez: All right. State your name for the record. Mr. Fernandez: Mr. Chair, members of the board, my name is Ben Fernandez. I'm here on behalf of 1622 Investment, Inc., the owner of the property, up here with Mr. Manny Prieguez, who is the former rep -- State Representative for District 113, and this is an application that came before you late last year for a small parcel that is on the Miami River, and just west of the 22nd Avenue bridge. I apologize, our tripod is missing a holder, so I'm going to just -- it's the property that's highlighted in yellow. This is the 22ndAvenue bridge. It's approximately an acre in size. When it came before you late last year, we didn't have control over the entire parcel. We didn't have access onto North River Drive, and the Commissioner for the district, Mr. Gonzalez, had some concerns about access, so we requested that you continue this item and allow us to amend the application, and we went out and we were able to acquire the abutting parcel, so that now there is adequate access onto both North River Drive, as well as the 22ndAvenue, which runs underneath the 22ndAvenue bridge, so there's access to the site from two sides. The request is for a rezoning from R-2 to R-4, and for a comp. plan amendment, corresponding comp. plan amendment. You may ask why we're asking for R-4, when this -- Commissioner Allen: Yeah. Mr. Fernandez: -- is an R-2 zoning disfrict. Well, there're a couple of reasons. The principal one is that this area, although it's designated duplex residential, is really primarily developed with a lot of nonconforming apartment buildings. There's one in the handouts that I've provided to you; the picture of the apartment building that's directly across the street is over on page 3. The remainder of the area is really changing, the character of the area is changing. Hurricane Cove is just down the way. You've got the Terrazas project on the other side of the 22ndAvenue bridge; directly across from this property, across the river, is an application that's currently pending for a multifamily residential project, and we feel that R-4 is appropriate for this site because it will provide the heights that are necessary in order to get over the 50-foot 22nd Avenue bridge, which creates a -- an impediment to any view of downtown, which is really the principal view that a residential development would have here. R-3 only permits a 50-foot height, and that would essentially take you up to the height of the bridge, so in order to provide a sleeker and taller building with views, we really need the R-4 zoning disfrict, and I'd like to have Mr. Prieguez come up and talk to you a little bit about his experience with the area, as being the former representative from the area. Manny Prieguez: Thank you very much. Manny Prieguez, 4000 Malaga Avenue, Coconut Grove, Florida. For the record, I would first like to state that I'm a member of the Miami River Commission, and I believe that the Miami River Commission is going to come up and oppose this, but I just want the record to be very clear that I was appointed to the Miami River Commission way after I was engaged by these folks to represent them, and to help them with community outreach, so I just wanted to make that clear, and in an abundance of caution, I did speak with the CityAttorney's Office just to make sure that there was not an issue, and she so indicated. Like Ben alluded to, I represented the area for six years in the Florida Legislature, and it's an area that's slowly, but surely coming around. Commissioner Angel Gonzalez has been a great part of that, and I physically went and spoke to the residents, and explained to them the project that we were planning to present before the City. I literally -- hello? -- I literally visited former constituents of mine, folks that I have known pretty well for a number of years now, and explained to them what was going on here. I also visited the Allapattah Community Center, and spoke to its director and to some of the residents there, and basically, their sentiments were, this -- you know, this property's been abandoned for God knows how long; it's being used as a dumpster. They welcome anything. The status quo is probably the least desirable thing for these folks that live there, and that's the message that I took from them. Obviously, there are no residents here, you know, opposing it, and we wanted to make sure that City ofMiami Page 226 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 this was something that could be, you know, embraced by the community, and that's what I took from them when I met with them, so with that, I'll pass it back to Ben for any, you know, technical questions. Thankyou very much, Commissioners. Chairman Sanchez: All right. Is there any opposition on this item? Please step forward, state your name and address. Ashley Chase: Good evening. Ashley Chase, assistant managing director of the Miami River Commission, with offices at Rick -- 46 -- 4600 Rickenbacker Causeway. I'm here tonight to read a letter into the record on behalf of our chairperson, Ms. Irela Bague. On May 3, 2004, the Miami River Commission heard a proposal to amend the land use and zoning at 1622 to 1630 Northwest 22nd Avenue, from duplex residential to high density multifamily residential, presented by Mr. Ben Fernandez, Bercow Radell. The Miami River Commission unanimously found the proposed amendment to high density residential in this low density/duplex, two-story upper river residential neighborhood to be inconsistent with the Miami River Corridor Urban Infill Plan. The MRC (Miami River Commission) concurs with the City ofMiami Planning Department, and the City ofMiami Planning Advisory Board, in recommending denial of this application, which would spot zone one development area to high density residential, where there is no adjacent high density zoning or land use, and therefore, would be out of scale and character with the surrounding neighborhood. Thank you. Commissioner Allen: Thankyou. Mr. Chairman, yes. Vice Chairman Gonzalez: All right. Chairman Sanchez: All right. Commissioner Allen: Mr. Chairman. Mr. Fernandez: Very brief rebuttal to that, Mr. Chair. If you turn to the last page of the exhibits that I've distributed, you can see the future land use map of the City, and you can see the subject property, which is indicated in a red -dotted line. Everything that is red around the property, on the south bank of the river, and everything that is east of this subject site, east of the river, is designated in red that is general commercial, mostly general commercial, which permits C-2 zoning, which permits residential development up to ten stories and 120 feet in height, so to say that this area is not zoned for residential use, I think, is not accurate. It certainly -- rezonings would be consistent with the comprehensive plan that could permit residential development in this area, and in fact, there have and will be more of these applications in the future. Secondly, directly across from this site, there -- the brown area is a medium density residential area, not single-family and not duplex, so we feel that this request would be entirely compatible and consistent with what the Comprehensive Plan, what the trend is in the area, and with that, I'll close my comments. Thank you. Chairman Sanchez: All right. Vice Chairman Gonzalez: Question, Lourdes. Ms. Slazyk: Yes. Vice Chairman Gonzalez: Since this is my district, I remember when they first came to the Commission with the other project when -- and the proposed project didn't had access from the street, it has to be built under the 22ndAvenue bridge; to me, that was crazy. They went back, apparently, and got more property to provide access from the street. My question, Lourdes, to you is, is there an alternative, so -- because what they're saying is -- I understand what they're saying. If they fry -- if they build with the height that they have now, the apartments are going to City ofMiami Page 227 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 be under the bell of the bridge, so the bell's going to be ringing on everyone's bedroom. They need to reach some height so they can go above the bridge. Ms. Slazyk: Correct. Vice Chairman Gonzalez: But if there would be another -- if there is another solution, other than changing the zoning, I would rather find other ways, instead of changing the zoning. Ms. Slazyk: Well, the -- based on the fact that they are up against a bridge, there has been many precedents in the City, on properties abutting a bridge, for height variances. That is a significant hardship. It's not a condition that is common in the City; it's only properties abutting bridges, and it's not something that every property of this zoning would have to face, so if they were to be an R-3 zoning, the City Commission can approve a disfrict lesser than what they requested, so if you wanted to approve an R-3, and then they would be eligible to request a variance, they would comply with the hardship criteria. Commissioner Allen: Well, that sounds agreeable because they're asking for an -- Ms. Slazyk: Right. Commissioner Allen: -- R-4, and that's -- Ms. Slazyk: Yeah, I think the biggest -- Commissioner Allen: -- a bit ambitious -- Ms. Slazyk: Yeah. Commissioner Allen: -- in my opinion. Ms. Slazyk: The biggest reason, I think, was because of the height, and if -- Commissioner Allen: Yeah. Ms. Slazyk: -- they were to go with an R-3, they would be allowed the 65 units per acre, .75 FAR (floor/area ratio), and they would be able to be eligible to seek a variance for the height, based on the fact that they are up against a bridge. Vice Chairman Gonzalez: Is that the reason that you're requesting the R-4? Mr. Fernandez: That is the reason, and -- but, in addition to that, Commissioner, there is also the purple area that's identified just east of the site on your map, is designated SD-4 on the plan, or marine industrial, which permits residential -- I'm sorry, to the west of that, there's general commercial that permits C-2 zoning and residential development with 120 feet in height, so that an R-3 zoning disfrict would be at 50 feet, even with a variance, it would have to be a considerable variance in order to get to something even close to the 120 feet;; it's almost -- Commissioner Allen: But -- Mr. Fernandez: -- more than twice as much, so that -- you know, yes, a variance may be appropriate. I don't know that the Department would be recommending approval of a variance that degree. It would seem -- Ms. Slazyk: But we'd have to see the plans. I think what we would do is go to -- the criteria requires us to look at what is the amount of variance you need for reasonable use, and to get you City ofMiami Page 228 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 up for a few levels of residential over the bridge is probably where reasonable would be. Mr. Fernandez: Um -hum. Ms. Slazyk: So we'd have to see plans and go through the process, obviously. I can't tell you what we'd recommend -- Mr. Fernandez: Well, the other thing is -- Ms. Slazyk: -- until we see it. Mr. Fernandez: -- that, with the rezoning to R-4, we'd still need to go through the Class II Special Permit process. With the Class II Special Permit process, staff has the ability to require conditions and comment on the aesthetics of the project, including the height of the project, and they could suggest at that point that we keep the height to a certain extent, and if they're not comfortable with what we've done, they don't have to approve the Class II Permit; we would be left with the only option to appeal it to you, and then you would have the ability to decide whether it's right or wrong, but to put the owner for a property of this size, a relatively small site, in the position where they have to apply for a variance after they've expended considerable sums of money to acquire additional land to make this a workable site, is really putting the developer in a tough position, in terms of time and money, because we'd have to come back with the applicant for the Class II Special Permit, and an application for a variance that requires a legal hardship, which can be challenged. The Department may support it, but an opponent from the area may challenge it, and then we end up in court with a legal standard that is difficult to defend, so I think that the better course here would be for you to rezone the property to R-4; allow us to come in with a Class II Special Permit. We'll provide the Department with the ability to come up with conditions. We would submit to those conditions. If we don't, they will deny the Class II, and we'd be right before you again, and you'd be able to control the development. You have full control of development on this property through the Class II Special Permit process. Vice Chairman Gonzalez: Let me tell you, whomever is familiar with this site, as I am, that I have been traveling through that street for I don't know how many years, realizes that that piece of property there is an eyesore, and that piece of property has been abandoned for ages; nothing has been done. We have -- I believe that we have the opportunity now to do something positive in that site there. Across the street, some apartments were just built. As a matter of fact, they're completing the project now. About a block away, two blocks away, a big project was approved, which was the Hurricane Cove project, which is going to be a luxury type apartment project, like your projects, Johnny, and I will hate to see this development take off you know, and this project being built, and they have this eyesore when you step out of your window, you know, what you have is this eyesore next to you. It's going to devaluate that project and the project across the street. Commissioner Winton: Mr. Chairman. Commissioner Allen: Well -- Commissioner Winton: Mr. Chairman, I understand exactly what Commissioner Gonzalez is saying, but it's interesting, Commissioner Gonzalez, that, you know, for the first time ever, we now know we do have real development going on in your district. There is demand. It isn't as though there's no demand anymore, and we've all watched it, and I've been here for five years, plus, I'm in this business. There isn't a developer out there that won't ask you for the most he can get, and the more we can give them, the happier they're going to be, and the idea of just plopping down an R-4 zoning here in the middle of this thing that doesn't exist anywhere around it -- Commissioner Allen: Exactly. City ofMiami Page 229 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Winton: -- I think, is going to be bad public policy for us. I liked -- the second you said is there another way to do this, and Lourdes offered up a suggestion, and I knew the developer wouldn't go for that because it doesn't give them the same rights, and it does put them more at someone's mercy, but the idea, again -- I think that you're going to see more and more developers coming to do stuff so it isn't as though we're high and dry anymore. We -- it's -- you've got a great neighborhood that people are identifying, and the more times we do something like this, which is agree to give them the moon, the more of those people that are going to come before us and fry to get the moon. Commissioner Allen: Right. Commissioner Winton: And so, I'm much more inclined to support your alternate suggestion, than I am to support going for R-4 -- Vice Chairman Gonzalez: Could we -- Commissioner Winton: -- on this site. Vice Chairman Gonzalez: -- defer this item, and let you two get together and work out a solution to this problem -- Commissioner Allen: Right. Vice Chairman Gonzalez: -- not dealing with changing the zoning to an R-4? Commissioner Allen: Right. Vice Chairman Gonzalez: If there isn't an alternative, I'm inclined -- because of what's there now, I'm inclined to support it, butt want to work in any and every other alternative that we can find to solve their problem and do the right thing. Commissioner Allen: Right, and Mr. Chair, if -- Ms. Slazyk: I guess that would kind of require -- Commissioner Allen: Right. Ms. Slazyk: -- and this would be the question to the applicant: do you have any sorts of plans yet? Are you ready to go through a design review process with some plans to see if we can find an R-3 with a variance that we can support, or be able to come back to the Commission and see, you know, whether we can do something or not? Commissioner Allen: Right. Ms. Slazyk: If you have any plans yet, and I hadn't seen any yet. Mr. Fernandez: We don't have plans -- Commissioner Allen: Yeah. Mr. Fernandez: -- yet, no. We, you know, have been using our funds to acquire additional land Commissioner Allen: Right. City ofMiami Page 230 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Ms. Slazyk: OK. Mr. Fernandez: -- essentially. Commissioner Allen: And Mr. -- yeah, Mr. Chairman, I was just going to weigh in. I think Commissioner Winton said basically what was going to indicate. This is setting a bad precedent. That's a very ambitious effort on the part of the applicant. I don't think you sh -- I'm not in favor of an R-4 here, and I understand your concerns, Commissioner Gonzalez. Mr. Fernandez: Well, and -- Commissioner Allen: I mean, I looked at the entire area and -- Commissioner Regalado: OK Mr. Fernandez: Commissioner, and that's -- Commissioner Allen: So -- Mr. Fernandez: -- a point well taken, and I think that whatl tried to explain is that what we're proposing isn't going to be an R-4 intensity project on the site, and the guarantee that you have that you can control the extent of the intensity is that we need a Class II Special Permit, and staff doesn't have to approve that Class II Permit. Commissioner Winton: But what we're going is interjecting an R-4 zoning into this -- Commissioner Allen: Exactly. Commissioner Winton: -- and you can't get back out of that again. Commissioner Allen: Precisely; you're dead. You know, you're stuck with that once we do that. Mr. Fernandez: Well, you're -- Commissioner Winton: We've opened the floodgate. Ms. Slazyk: Right. Commissioner Allen: Yeah, it -- precisely. That's going to set a bad precedent. Mr. Fernandez: It's already across from R-3 -- Ms. Slazyk: Yeah, but -- Mr. Fernandez: -- and this is the waterside. Commissioner Winton: Well, there's no R-4 around it. Mr. Fernandez: There's no R-4, but there's -- Commissioner Allen: Right. Mr. Fernandez: -- C-2 around it. City ofMiami Page 231 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Allen: Right, so -- Mr. Fernandez: There's C-2; there's C-1 down the way; there's Terrazas, which is a -- an R-4 intensity product, just on the other side of the river from here. Commissioner Winton: Well, I like -- Vice Chairman Gonzalez: Yeah, but the Terrazas is on the other side of the river. Commissioner Allen: River, that's -- precisely. Mr. Fernandez: Yeah, the other side of the river. Commissioner Allen: The other side of the river, so I'll make a motion -- Commissioner Regalado: Commissioner. Commissioner Allen: -- Mr. Chairman, to adopt Commissioner Gonzalez's suggestion. Commissioner Regalado: OK Commissioner Gonzalez made a motion to defer. Commissioner Allen: Right. Vice Chairman Gonzalez: Yeah. Commissioner Allen: I second it. Commissioner Regalado: Commissioner Allen -- Vice Chairman Gonzalez: I'm going to defer. Let's both of you get together and see, you know, if you can work out a solution without changing the zoning to an R-4. Ms. Slazyk: Yeah. Commissioner Regalado: Coming back on June -- Vice Chairman Gonzalez: Pardon me? Commissioner Regalado: Coming back on June -- Commissioner Winton: Second the motion. Ms. Slazyk: Twenty-third. Commissioner Regalado: -- 23. Commissioner Winton: Continue to June 23? Commissioner Allen: Twenty-third? Oh, yes, yes. That sounds about -- yeah. Vice Chairman Gonzalez: And we need -- you know, we -- I need the Administration to, you know, work through this with -- Ms. Slazyk: All right. Well, I'll sit with -- yeah. City ofMiami Page 232 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Vice Chairman Gonzalez: -- an open mind. Ms. Slazyk: Yeah. We'll sit with them. Even if they don't have plans, maybe there's a -- some criteria that can be agreed to. Commissioner Winton: Yeah. Vice Chairman Gonzalez: All right. Let's do that then. Commissioner Regalado: All right. We have a motion to -- Vice Chairman Gonzalez: I move to defer. Commissioner Regalado: -- continue this item until the next PZ (Planning and Zoning) meeting of the City of Miami Commission, made by Commissioner -- Vice Chairman Gonzalez, second by Commissioner Allen. All in favor, say "aye." The Commission (Collectively): Aye. Ms. Slazyk: And just for the record, that was for PZ.30 and 31. Commissioner Allen: That's correct. Vice Chairman Gonzalez: Correct. Commissioner Regalado: 30 and 31. Commissioner Allen: And in addition to that, I make a motion that we adjourn for the evening. Commissioner Winton: No, no, no, no, no, no. Commissioner Allen: Aren't we done? Commissioner Winton: No. No, we have something you all need to really hear and pay attention -- Commissioner Allen: OK. Commissioner Winton: -- to here. PZ.31 04-00572a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 25, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "R-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1622 AND 1630 NORTHWEST 22ND AVENUE AND 2210 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 233 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 04-00572a Legislation (Version 2).pdf 04-00572 & 04-00572a Exhibit A.pdf 04-00572a Analysis.pdf 04-00572a Zoning Map.pdf 04-00572 & 04-00572a Aerial Map.pdf 04-00572a ZB Reso.pdf 04-00572 & 04-00572a Miami River Commission Analysis.PDF 04-00572a Application & Supporting Docs.pdf REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to R-4 Multifamily High -Density Residential to Change the Zoning Atlas LOCATION: Approximately 1622 and 1630 NW 22nd Avenue and 2210 NW N River Drive APPLICANT(S): 1622 Investment Corp., Castille Group Inc., Patrick Karakadze, Curtis B. Van Sant & Jose A. Rado, Owners APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. MIAMI RIVER COMMISSION: Unanimously recommended denial to City Commission on May 3, 2004. ZONING BOARD: Recommended approval to City Commission on June 14, 2004 by a vote of 8-1. Also recommended approval to City Commission on April 25, 2005 by a vote of 6-3. See companion File ID 04-00572. PURPOSE: This will change the above properties to R-4 Multifamily High -Density Residential. CONTINUED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Allen, with Chairman Sanchez absent, and was passed unanimously to continue item PZ.31 to the Planning & Zoning meeting currently sheduled for June 23, 2005. Note for the Record: The minutes for Item PZ.31 are included under Item PZ.30. PZ.32 04-00854 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 1262 SOUTHWEST 21ST TERRACE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER City ofMiami Page 234 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00854 Legislation.PDF 04-00854 Exhibit A.PDF 04-00854 Analysis.PDF 04-00854 Land Use Map.pdf 04-00854 Aerial Map.pdf 04-00854 PAB Reso.PDF 04-00854 Application & Supporting Docs.PDF REQUEST: To Amend Ordinance No. 10544, from "Single Family Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1262 SW 21 st Terrace APPLICANT(S): Ive Group One, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on July 7, 2004 by a vote of 5-2. See companion File ID 04-00854a. PURPOSE: This will change the above property to Restricted Commercial. CONTINUED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Regalado, with Commissioner Allen absent, and was passed unanimously to continue item PZ.32 to the Commission meeting currently sheduled for June 23, 2005. Simon Ferro: Yes, Mr. Chairman. Simon Ferro, 1221 Brickell. On items 32 and 33, Ivy, a group, we would request a 30-day deferral. This was deferred from the last hearing in February. You -- we heard from you, that you wanted us to work with staff more, and go back to the drawing board, redesign the whole project. We have, in fact, done so. We've gone to DRC (Design and Review Committee) twice. We have done a major overhaul of our site plan. We really need 30 more days to try to improve on what we have, and also be able to meet with the neighbors, some of which are here -- some of whom are here, by the way, and I -- Chairman Sanchez: Did you -- Mr. Ferro: -- talked to them throughout the morning -- Chairman Sanchez: -- have ample -- Mr. Ferro: -- and they -- Chairman Sanchez: -- opportunity to meet with all the neighbors? City ofMiami Page 235 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Mr. Ferro: Not yet. It took all this time to do this complete -- what we believe is a major overhaul of our site plan, and we would like to have the opportunity to meet one more time with your staff because we think that we can improve slightly on what we have, and then be able to present the final site plan, which we believe has vastly improved from what we came back here, you know, a couple of months ago to the board. This has only been deferred once, so this would only be the second deferral, and we don't believe we would need any more deferrals, and we could come back in June. Chairman Sanchez: Madam Clerk, how many times has this been deferred? Jorge L. Fernandez (City Attorney): Only once. Priscilla A. Thompson (City Clerk): As we look at the agenda, it shows once. It was continued from the February 24, 2005 meeting. Chairman Sanchez: And it was at my request to have both sides work it out. Mr. Ferro: Yes. Chairman Sanchez: So it's only been one referral [sic] on the record. Ms. Thompson: Correct, one continuance. Luis Herrera: My name is Luis Herrera. I represent the Vizcaya Homeowners' Association and the United Association. This plan that they have over here, they defer different times, and we start on this from July 2004. Then this is in the Zoning Board -- the Planning Board, then it going to be in the Zoning Board November 2008, then -- Chairman Sanchez: Sir, Mr. Herrera -- Mr. Herrera: -- they come out with all this, OK. Chairman Sanchez: -- it's fine, but how many times has it come to the Commission? Commissioner Winton: One. Chairman Sanchez: Once. Mr. Herrera: Well, you give it -- Chairman Sanchez: That's the whole process. Every time -- Mr. Herrera: Yeah, in front of the -- Chairman Sanchez: Let me explain something. Every time that we kick it back and they have to rewrite and redesign and everything, they have to go through the whole process. Mr. Herrera: OK Chairman Sanchez: So I want you to understand that. It's only been in front of us once. Mr. Herrera: Um -hum. Chairman Sanchez: And I'm going to make -- City ofMiami Page 236 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Mr. Herrera: How many more times that it's supposed to be coming? Chairman Sanchez: Well, let me just state for the record thatl don't think there'll be another time, and there won't be another one, I'll tell you this much. If they come back again, next time that they come, we will listen to it. We will either vote it down or vote it up, but we will address it here in this Commission, because you know what? It is you -- I know that you took time off of your work today and so did the neighbors that took time off for their -- and we won't allow that, for them to continue to defer, but think one deferral -- and justification, the City Attorney could tell you, that one deferral and two deferrals is the most that I've ever given, unless it's really compromised between both sides and the Legal Department, so I guarantee that the next time that it comes, the next time that it comes in front of this Commission, we will hear the case and we will vote on the case. Mr. Herrera: And we can have it today, instead of being waiting? Chairman Sanchez: In all -- with due respect -- Mr. Herrera: We needed to do it today. Chairman Sanchez: I understand, sir, but with all due respect, I think they're entitled -- Mr. Herrera: OK Chairman Sanchez: -- to another deferral. Mr. Herrera: All right. Chairman Sanchez: Just one. Mr. Herrera: OK Chairman Sanchez: OK. Mr. Herrera: All right. Chairman Sanchez: All right. Is there a motion? I can't make the motion. Is there a motion to defer? Commissioner Regalado: I'll make -- Vice Chairman Gonzalez: Move to defer. Commissioner Regalado: Motion -- -- Chairman Sanchez: There's a motion by -- Commissioner Regalado: Second. Lourdes Slazyk (Assistant Director, Planning & Zoning): To June -- Chairman Sanchez: -- Vice Chairman Gonzalez -- Commissioner Winton: To continue. Chairman Sanchez: -- for a deferral, second by Commissioner Regalado. City ofMiami Page 237 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Regalado: Continue. Ms. Slazyk: This would be to -- Chairman Sanchez: Discussion on the item. Ms. Slazyk: -- the June 24, meeting. Chairman Sanchez: Yes, on the 24th, and it'll be the last time. It's coming in front of this Commission, and we're taking action. Counsel, do you understand that? Mr. Ferro: Yes, sir. Ms. Slazyk: June 24. Chairman Sanchez: Thank you. Vice Chairman Gonzalez: That's July 24, right? Ms. Slazyk: June, June 24. Vice Chairman Gonzalez: June 24. Ms. Slazyk: 23rd? Oh, I'm sorry. June -- Chairman Sanchez: All right. Let's go -- Ms. Slazyk: -- 23. Chairman Sanchez: -- because we have a long agenda. Mr. Ferro: Thank you very much. Chairman Sanchez: Any other items that want deferral? Ms. Slazyk: OK. Ms. Thompson: I'm sorry. Ms. Slazyk: This was PZ.32 and 33. Ms. Thompson: I'm sorry, Chair. I'm -- I did not record a roll call. Did I miss that? Chairman Sanchez: Not a roll call. There was a motion and a second. Ms. Thompson: Yes. Chairman Sanchez: The motion was made by Vice Chairman Gonzalez -- Ms. Thompson: Correct. Chairman Sanchez: -- second by Commissioner Regalado, and then we voted for it, and -- did we? City ofMiami Page 238 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Ms. Thompson: No. Chairman Sanchez: OK. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Any other items to be continued? Hearing none, we go down the list. PZ.33 04-00854a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 38, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "C-1" RESTRICTED COMMERCIAL WITH AN "SD-23" CORAL WAY SPECIAL OVERLAY DISTRICT AND "R-1" SINGLE-FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-23" CORAL WAY SPECIAL OVERLAY DISTRICT AND "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, WITH A SPECIFIC F.A.R. OF 2.4, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1249 AND 1265 SOUTHWEST 22ND STREET AND 1262 SOUTHWEST 21ST TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00854a Legislation.PDF 04-00854a Exhibit A.PDF 04-00854a Analysis.PDF 04-00854a Zoning Map.pdf 04-00854a Aerial Map.pdf 04-00854a ZB Reso.PDF 04-00854a Application & Supporting Docs.PDF REQUEST: To Amend Ordinance No. 11000, from C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District and R-1 Single -Family Residential with an SD-12 Buffer Overlay District to C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District and SD-19 Designated F.A.R. Overlay District, with a Specific F.A.R. of 2.4 to Change the Zoning Atlas LOCATION: Approximately 1249 and 1265 SW 22nd Street and 1262 SW 21 st Terrace APPLICANT(S): Ive Group One, LLC, Owner/Contract Purchaser and Maria Garcia, Owner APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. City ofMiami Page 239 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 ZONING BOARD: Recommended approval, which failed, constituting a recommendation of denial to City Commission on November 22, 2004 by a vote of 4-4. See companion File ID 04-00854. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District and SD-19 Designated F.A.R. Overlay District, with a specific F.A.R. of 2.4. CONTINUED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Regalado, with Commissioner Allen absent, and was passed unanimously to continue item PZ.33 to the Commission meeting currently sheduled for June 23, 2005. Note for the Record: The minutes for Item PZ.33 are included under Item PZ.32. PZ.34 05-00080 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 1065 AND 1075 NORTHEAST LITTLE RIVER DRIVE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00080 Legislation.pdf 05-00080 & 05-00080a Exhibit A.pdf 05-00080 Analysis.pdf 05-00080 Land Use Map.pdf 05-00080 & 05-00080a Aerial Map.pdf 05-00080 School Board Comments.pdf 05-00080 PAB Reso.pdf 05-00080 Application & Supporting Docs.pdf 05-00080 FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 10544 from "Single Family Residential" to "Medium Density Multifamily Residential" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1065 and 1075 NE Little River Drive APPLICANT(S): Saieh Investments, Inc. APPLICANT(S) AGENT: Richard J. Sarafan, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission City ofMiami Page 240 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 on January 19, 2005 by a vote of 7-0. See companion File ID 05-00080a. PURPOSE: This will change the above properties to Medium Density Multifamily Residential. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen A motion was made by Commissioner Winton, seconded by Commissioner Allen, and was passed unanimously, to deny request of Saieh Investments, Inc., based on the information that was presented on the record. Commissioner Winton: Mr. Chairman. Chairman Sanchez: Yes, sir. Commissioner Winton: I've got a bunch of folks from a neighborhood here that are here on the very last two items, which is 34, 35. Chairman Sanchez: Let's get them out of the way. Commissioner Winton: Yeah. Could we, please? Chairman Sanchez: Absolutely. What item is that? Commissioner Winton: 34 and then 35. Chairman Sanchez: All right. We go to 34 and 35. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.34 and 35 are land use and zoning change, properties at 1065 and 1075 Northeast Little River Drive. The request is from single-family residential to medium density multifamily residential, and the companion zoning item is for R-3 zoning. This has been recommended for denial by the Planning Department, denial by the Planning Advisory Board, and denial by the Zoning Board. Commissioner Winton: And denial by the City Commission. Ms. Slazyk: This is not a logical extension of this category. It actually encroaches around what's a turn -- a natural turn in the area, and introduces medium density into the end of a single-family designation, so we recommend denial. Chairman Sanchez: All right. Commissioner Allen: OK. Chairman Sanchez: Is there a motion? Commissioner Winton: Motion to deny. Chairman Sanchez: All right. There's a motion to deny. Is there a second? Vice Chairman Gonzalez: Second. City ofMiami Page 241 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Allen: Second. Chairman Sanchez: Not everybody at once. Commissioner Winton: This one was -- I mean -- Chairman Sanchez: All right. There's a motion and a second. Commissioner Winton: -- isn't any gray area. Chairman Sanchez: It's open for the purpose of -- well, before we do that, it's a PZ (Planning and Zoning) item. it's a reso -- it's an ordinance so -- Commissioner Winton: Is the applicant here? Chairman Sanchez: -- we have to open it to the public. Unidentified Speaker: I haven't seen him. Chairman Sanchez: All right. Listen, let's try to keep some order and decorum here. All right. It's open to the public. Anyone from the public wishing to address this item, please step forward and be recognized. Please don't do it. Commissioner Winton: Why don't just one of y'all put -- Unidentified Speaker: Do we need to? Chairman Sanchez: No, you don't need to. Commissioner Allen: No, you don't need -- Commissioner Winton: Get -- just one of you put something on the record -- Chairman Sanchez: Yeah, just put something -- Commissioner Winton: -- for your group and that's it. Chairman Sanchez: -- on the record. Allyson Warren: I will. Allyson Warren, 650 Northeast 82nd Terrace, for the Shorecrest Homeowners' Association. This is something that seems to be going on a lot in our area, where people are coming in assuming they can simply take a single-family property and go to condo, or someplace in between, and we need to send a very, very clear message, especially with Miami 21 coming, that it's just not going to happen. This is not the Wild West anymore, and that's why most of these people are here that are either single-family owners, or like some of them who are planning to build single-family, in spite of some of the commentary that were made at the earlier hearings, so we do appreciate -- Chairman Sanchez: You're welcome, and thank you. Most of you have been here for quite some time, and I'm sorry for -- Commissioner Winton: Yeah. Chairman Sanchez: -- the long, voluminous agenda we've had today. All right. There's a motion and a second for denial. No further discussion. It is an ordinance on first reading. City ofMiami Page 242 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Madam Attorney, read -- Ms. Slazyk: Don't have to read it if it -- Chairman Sanchez: -- the ordinance into the record. Commissioner Winton: No, we're denying. Commissioner Allen: Yeah. Chairman Sanchez: Yeah, denying it. Commissioner Winton: So there's no -- Ms. Slazyk: You don't read it. Chairman Sanchez: Oh, I'm sorry. I'm sorry. Commissioner Winton: We're not going to -- Chairman Sanchez: OK. Commissioner Winton: -- read the ordinance. Chairman Sanchez: All right. We're not going to read the ordinance. Maria J. Chiaro (Assistant City Attorney): Based on the information on the record, I presume the motion is -- Chairman Sanchez: OK, 35 is -- Ms. Chiaro: -- the motion to deny. Chairman Sanchez: -- going to be the same thing? Commissioner Winton: Yes. Priscilla A. Thompson (City Clerk): I'm sorry. Chairman Sanchez: All right. Commissioner Winton: Oops, we need to vote. Chairman Sanchez: We're denying it. Ms. Thompson: We need a vote. Commissioner Winton: But we still have to vote -- Chairman Sanchez: Oh. Commissioner Winton: -- to deny. Chairman Sanchez: OK. All in favor, say "aye." City ofMiami Page 243 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." That is unanimously. PZ.35 05-00080a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 8, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY RESIDENTIAL TO "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1065 AND 1075 NORTHEAST LITTLE RIVER DRIVE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00080a Legislation.pdf 05-00080 & 05-00080a Exhibit A.pdf 05-00080a Analysis.pdf 05-00080a Zoning Map.pdf 05-00080 & 05-00080a Aerial Map.pdf 05-00080a ZB Reso.pdf 05-00080a Application & Supporting Docs.pdf 05-00080a FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from R-1 Single -Family Residential to R-3 Multifamily Medium -Density Residential to Change the Zoning Atlas LOCATION: Approximately 1065 and 1075 NE Little River Drive APPLICANT(S): Saieh Investment, Inc. APPLICANT(S) AGENT: Richard J. Sarafan, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on February 28, 2005 by a vote of 8-0. See companion File ID 05-00080. PURPOSE: This will change the above properties to R-3 Multifamily Medium -Density Residential. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, to deny request of Saieh Investment, Inc., based on the information that was presented on the record. City ofMiami Page 244 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Vice Chairman Gonzalez: 35. Chairman Sanchez: 35. Commissioner Winton: 35. Chairman Sanchez: 35, is there a motion to deny? Commissioner Winton: Motion to deny. Vice Chairman Gonzalez: Second. Chairman Sanchez: Motion to deny by Commissioner Winton, second by Vice Chairman Gonzalez. Maria J. Chiaro (Assistant City Attorney): Based on the information that was placed on the record for Item PZ.34. Commissioner Winton: Based on the information that was placed on the record, absolutely -- Chairman Sanchez: Absolutely. Commissioner Winton: -- correct. 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. Goodnight. Allyson Warren: Thank you all. Unidentified Speaker: Thank you. Chairman Sanchez: Thank you for coming to City Hall. DISTRICT 5 COMMISSIONER JEFFERY L. ALLEN SI.1 05-00503 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER PUBLIC HEARING, PURSUANT TO SECTION 2-614 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CITY CODE, THAT MAY BE APPLICABLE REGARDING DAVID WILSON AND THE CONVEYANCE OF CERTAIN CITY -OWNED PROPERTIES TO RERG DEVELOPMENT, L.L.C. FOR THE CONSTRUCTION OF AFFORDABLE HOUSING IN DISTRICT 5. 05-00503-resolution.pdf 05-00503-Submittal.pdf City ofMiami Page 245 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED FAILED by the following vote. Votes: Ayes: 2 - Commissioner Winton and Allen Noes: 3 - Commissioner Gonzalez, Sanchez and Regalado A motion was made by Commissioner Allen, seconded by Commissioner Winton, and was passed, with Commissioner Regalado and Vice Chairman Gonzalez voting against the motion, to reconsider item SI.1. Item SI.I was again moved by Commissioner Allen, seconded by Commissioner Winton, and failed, for the second time, with Commissioner Regalado, Vice Chairman Gonzalez and Chairman Sanchez voting against the motion. Chairman Sanchez: And we go now to, I believe, Commissioner Allen. Commissioner Allen: At this point, I do not have an item. I have a supplemental item for Disfrict 5, but I'll ask the Chairman, do you want to fry to dispense of items since we have a PZ (planning & zoning) agenda today, or what's your -- Chairman Sanchez: Sir, that is your call. I mean, whatever -- however you want to handle. Commissioner Allen: OK, right. Yes, Mr. Chairman. Yeah, I have a supplemental item, ifyou will. It has to do with the -- a waiver, which is what I'm seeking, with respect to a current member of the Planning Advisory Board, who's been selected to construct affordable housing in Disfrict 5, and it's a resolution, and it would read, a resolution of the Miami City Commission, by a four fifths affirmative vote, after a public hearing, pursuant to Section 2-614 of the Code of the City ofMiami, Florida, as amended, waiving the conflict of interest provisions contained in Section 2-612 of the City Code that may be applicable regarding David Wilson, and the conveyance of certain city -owned properties to RERG Development, L.L.C. for the construction of affordable housing in the District 5, and to that end, Mr. Chairman, I would need the affirmative vote of the balance of the -- Chairman Sanchez: Four fifth. Commissioner Allen: -- Commission. Four fifth. Chairman Sanchez: But what we need to do is, now that you've put it on the record, we need a second for the purpose of discussion on this item. Commissioner Winton: Second. Well -- Chairman Sanchez: There is a second for the purpose of discussion. The second was made by Commissioner Winton. The item is right now under discussion. Commissioner Winton. Commissioner Winton: I don't know enough about this, so I'm listening. Chairman Sanchez: All right. Commissioner Winton: But -- seems like it's a -- Commissioner Regalado: I have a question. Vice Chairman Gonzalez: I want to speak on the item. City ofMiami Page 246 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: All right. Commissioner Regalado, then Commissioner -- Vice Chairman Gonzalez, and then I will be the Chair, having the right to speak last. Commissioner Regalado: In the past, we have waived conflict of interest for City employees to engage in business in the city or to be recipient of some problem, but don't recall, the years that I have been here, that we have waived a conflict of interest of someone who sits on the board and is making a business in the city and with the City ofMiami. I don't -- like Commissioner Winton said, I don't know much about this, but -- you know, I think that if this is so important for this gentleman, could he step down from the Planning Board and just -- Commissioner Allen: Yeah. Mr. Chairman -- Commissioner Winton: There's a good point. Commissioner Allen: -- ifI could. That's a very good question, Commissioner Regalado. I think it might be best, Mr. Chairman, maybe I should defer this until he gets here. He was scheduled to come later this -- later today because it's listed as a supplemental item, so with your indulgence, can we defer it until a later time, and -- because I -- Joe Arriola (City Manager): Commissioner, I spoke to him a little while ago. Chairman Sanchez: Mr. City Attorn --Mr. City Manager. Mr. Arriola: I spoke to him a little while ago, and what he said to me, he says, you know, he would prefer to stay on the board, but if it's a conflict to this board, that he would resign. Commissioner Allen: Well, Mr. -- I'm sorry. Mr. Arriola: You still have to waive his -- you still have to waive it because you have the two-year clause, but you will be waiving the two-year -- Commissioner Winton: Yeah. In a -- you'd have to waive the two-year wait period. Mr. Arriola: Yeah, the two-year wait period. That's what meant to say, but if -- Commissioner Allen: Right. Mr. Arriola: But he said to me, he says, "Look -- Commissioner Regalado: I don't mind to do that. Commissioner Winton: Me neither. I'm with you. Mr. Arriola: -- "this is very important to me." Commissioner Regalado: Fine. Commissioner Winton: I'm with you. Mr. Arriola: "If it's an issue for the Commission, I will resign. I will step down" -- Commissioner Regalado: I don't want no part of that. Mr. Arriola: -- 'from the board, " and all we would need then is to waive the two-year wait period. City ofMiami Page 247 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Allen: All right, so -- Chairman Sanchez: Commissioner Allen, since the item is under discussion, let's discuss the item now. When he gets here later on, if he's willing to -- excuse me? Mr. Arriola: I'll get (INAUDIBLE). Commissioner Allen: Yeah, he is. Chairman Sanchez: Well, if he does -- Commissioner Allen: Yeah, he's going to come. He's going to come. Chairman Sanchez: If he does -- Commissioner Allen: I was just informed. Right. Chairman Sanchez: -- come, we'll put him on the record as to PAB (Planning Advisory Board) position that he holds, so at this time, it's under -- the item is under discussion. We'll go with the Vice Chairman Gonzalez, then I'll speak last on this, because I do have some concerns on this. Commissioner Allen: Sure. Chairman Sanchez: So we want to put them all on the record to see if we could somehow -- Commissioner Allen: Correct. Vice Chairman Gonzalez: Yeah. Mr. Chairman, as a matter of principle, I could never support anything like this, and the reason is, when I got elected in 2001, I used to work for a community based organization, for which I work for 13 years. At the time, City Commissioners were making $5, 000 salary. With $5, 000 salary, no one can sustain a family or sustain themselves. I asked for a legal opinion on a waiver of conflict of interest to continue working for the CBO (Community Based Organization) and being a City Commissioner. I got an approval from the State of Florida; I got an approval -- I got a legal opinion from the City Attorney, also from the Ethic Commission from the County allowing me to continue working as the executive director of this community based organization and be a City Commissioner. The Miami Herald wrote, as usual -- when it deals with Angel Gonzalez, they dedicate their paper to Angel Gonzalez -- they wrote at least ten articles and two editorials, and I was forced to make a decision of either be a City Commissioner or be without a job. I think made the right decision. I was elected to represent the people of my district, and I resigned my job, and I was forced to get two jobs in order to pay my daughters' school, in order to sustain my family, so as a matter of principle, I cannot -- and we're not talking about a person that is going to have a job. We're talking about a person that is going to conduct business with the City ofMiami, and a person that don't know why and what the procedure was to assign these parcels of lot, but a person that was given or assigned "X" amount of parcels of lot so he can build on them and make a profit from them, so I cannot support -- you know, if we're going to have one law, the law has to apply to everyone, and it has to be everyone equal. Commissioner Winton: Yeah. Vice Chairman Gonzalez: So based on those terms, I will never -- and I hope that this doesn't happen again, because I will never, I will never support anything like this, and I will oppose to it very strongly. Thank you very much. City ofMiami Page 248 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: Thank you. IfI could just elaborate a little bit on this. Commissioner Allen, I'm sure there is no malice intent on your part. I think you're doing everything you can to make sure that your community and the district you represent is served, but I could tell you this much, as Commissioner Regalado stated, the last seven years that I've been here, I don't think we've ever done or taken this path where we have been able to waive a conflict of interest for someone sitting on a board -- currently sitting on a board. We have waived it for City employees that have gone, and then they come back in front of the City, and I think there's a presence [sic] already, but here I think we'll be entering some uncharted waters that really may be perceived as not ethical or you, yourself getting criticized, as well as this Commission, and I could tell you this much, if we have done something in the last couple of years as -- we have been able to showcase the City ofMiami and this legislative body, as well as the Administration, as a government that is in transparency, ethics, and items that we discuss and we set forth have been well perceived by the people we represent. This one, however, as this gentleman, who I'm sure is a fine gentleman, who sits in the Planning Advisory Board, and now we're going to be turning over City dollars to him for him to develop, may be something that -- as they say, may be a victory to someone, but it may leave ashes in somebody else's mouth, and that's something that concerns me, so I'm glad that we're able to debate this. I think the healthy thing about this that we're not able to discuss this one on one because of the Sunshine, but we are able to debate it in an open forum like this, and I think that this is something that could be dangerous to this Commission, as well as the presence [sic] that we set forth for the future. Commissioner Allen: Right. Chairman Sanchez: So I am entertaining the thought that when he comes in, maybe if he does resign from the PAB, then there may be a change of mind on my part to support your efforts. Commissioner Allen: Well, to that end, Mr. Chairman, I have been advised, of course, that he will, in fact, step down from the Planning Advisory Board, and I hear the concerns of my fellow Commissioner, and I share those concerns. I would just like to say that, obviously, since I've been appointed, it's been my effort and my duty to try to find people who have a certain skill set to either sit on these various boards and to go forward with things in the community in the way of economic development, but nonetheless, I would never, in any way, do anything to compromise the integrity of this body, and to that end, I've listened clearly to my fellow Commissioners, so again, I affirmatively will state that he will step down from the Planning Advisory Board; that, thus, means that I will have to make an additional appointment, and hopefully, I can get an affirmative vote from the Commission based on that -- those set of scenarios, the fact that he's stepping down from the PAB, and nonetheless, he will go forward with the construction of affordable housing in the district. Chairman Sanchez: Commissioner Winton. Commissioner Winton: I think, based on everything we're hearing, that I think we could move this forward by amending the resolution -- Commissioner Allen: Yes. Commissioner Winton: -- to -- Chairman Sanchez: To stipulate. Commissioner Winton: -- allow this to move forward with a stipulation -- Chairman Sanchez: That he will resign. Commissioner Winton: -- that he step down from -- City ofMiami Page 249 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Allen: Exactly. Commissioner Winton: -- the -- Commissioner Allen: Right. Commissioner Winton: -- board. Commissioner Allen: Right, that was my next suggestion. I was going to amend the resolution -- and Mr. City Attorney, do I need to read the entire resolution, or can I just make a -- Chairman Sanchez: Well, there is a motion and a second for the purpose of discussion. To keep order here, what we need to do is maybe the second withdraw your motion. Commissioner Winton: I'll withdraw my second. Chairman Sanchez: So there is no legislation on the floor at this time. Commissioner Allen: Correct. Chairman Sanchez: And maybe we could start from anew, and therefore, you could present this legislative language with the current amendment that you want to place on the record. Commissioner Allen: OK. Mr. Fernandez: Well -- Commissioner Allen: And to that end -- Mr. Fernandez: -- the appropriate way would be to, if the City Commission wants to take action at this time, the action that you would take would be subject to this individual tendering his resignation, and then your resolution of waiving the conflict would take effect after his resignation is in -- Commissioner Winton: Bingo. Mr. Fernandez: -- and your resolution would be for a waiver of the two-year, after -- Commissioner Winton: Right. Mr. Fernandez: -- he has resigned. Commissioner Winton: I second the motion. Chairman Sanchez: And you are the attorney. You -- that's -- Mr. Fernandez: Yes. Chairman Sanchez: Your job is to put the proper language on the record -- Mr. Fernandez: Yes. Chairman Sanchez: -- for us. City ofMiami Page 250 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Mr. Fernandez: And we will -- it reads a little bit -- will read a little bit different than the one you have in your packet, but the record is amply clear that that is the intent of the Commission, subject to the resignation, in writing, of this individual, then the City Commission vote today, if successfully four fifths -- Chairman Sanchez: All right. Mr. Fernandez: -- then would be to waive the two-year period after his resignation. Chairman Sanchez: All right, let's get a motion and a second; we'll debate it, and then we'll turn the floor over to Vice Chairman Gonzalez, so I need a motion. Vice Chairman Gonzalez: I'm not -- before voting on it, I need to ask a question -- Chairman Sanchez: OK. Well, at this time -- Vice Chairman Gonzalez: -- of the City Attorney. Chairman Sanchez: -- for a point of clarification. Vice Chairman Gonzalez: What you're telling us is that this person is going to resign the board, and this person is going to have to wait two years before doing any business with the City of Miami? Mr. Fernandez: No. Commissioner Winton: No. Mr. Fernandez: That this person will be able to do business with the City ofMiami immediately because you're passing a four fifth resolution waiving that prohibition that he has of not doing business for two years. Commissioner Winton: If he resigns from the board. Vice Chairman Gonzalez: We go back to the same theory, you know. I also remember that in 2001, Frank Castaneda, who was working pro bono for Allapattah Business Development, came before this Commission, pro bono, to lobby for the agency for a project for the community, and he was not allowed to speak because he was an employee of the City ofMiami and because his two-year term had not expired, so we go back to the same issue. You know, what's good for the goose, it should be good for the gander, and I'm not supporting this. That simple. I'm one vote. There may be -- Chairman Sanchez: All right. Vice Chairman Gonzalez: -- four votes here, but my vote is going to be "no." Chairman Sanchez: All right, but we still need a motion and a second. Commissioner Allen, you need to make the motion, and hopefully, there'll be a second. Commissioner Allen: Yes, Mr. Chairman. Chairman Sanchez: We'll continue the -- Commissioner Allen: In light of what the City Attorney has just opined on, then let me just quickly say, do I need to read the entire resolution, Mr. City Attorney -- City ofMiami Page 251 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Mr. Fernandez: No, you don't. Commissioner Allen: -- or just the amendment? Mr. Fernandez: The record is clear, and please keep in mind, and the record should also reflect, that this is a waiver of the two-year -- Commissioner Allen: Two-year. Mr. Fernandez: -- after resignation, only for this transaction -- Commissioner Allen: Correct. Commissioner Winton: Right. Mr. Fernandez: -- not generally to do, otherwise, any kind of business with the City. For all other businesses, potential businesses, there is still a two-year prohibition. It's only for this transaction that's being contemplated with relation to ten parcels in construction -- Commissioner Winton: I'll second the motion. Mr. Fernandez: -- of affordable housing. Commissioner Allen: Right, and for the sake to expedite this, I would adopt what the City Attorney has just stated -- Chairman Sanchez: Are you the only speaker? Commissioner Allen: -- for the record -- Chairman Sanchez: Because I'm not -- Commissioner Allen: -- and frame it in the way of a motion. Herschel Haynes: Can I speak to this? Chairman Sanchez: I have the right to open it to the floor, but you know, is it only going to be one speaker? It is going to be you? Mr. Haynes: I do, and there are others that wish to speak to this issue. In regards to whatever the consequences are, we would like to speak to this issue, the public. Chairman Sanchez: Well -- Commissioner Winton: It's not a public hearing. Chairman Sanchez: It's not a public hearing. It's not a public hearing, but I tell you this, I would allow one speaker. I'm not going to allow 20 people to speak on this item. Mr. Haynes: Well, in that case, I would like to convey the sentiments that have been passed to me by other homeowners association within the City ofMiami, namely, the Miami Neighborhoods United, and so I think that to pass this, and in a fashion -- Priscilla A. Thompson (City Clerk): Excuse me. Excuse me, Commissioner. City ofMiami Page 252 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: First, you need to state -- ifI do allow you to speak, you need to state your name and address for the record. Mr. Haynes: My name is Herschel Haynes, and I'm chairman -- Chairman Sanchez: But first, we have a motion and a second. Commissioner Winton: Right. Chairman Sanchez: Motion is made by Commissioner Allen, and there's a second by Commissioner Winton. You have the floor. Mr. Haynes: My name is Herschel Haynes, and I'm chairman of the Hadley Park Model City Homeowners' Association. I'm also -- our organization is a part of Miami Neighborhoods United, and we have had discussions in regards to this issue. Having been fortunate and privileged to have served on the Charter Reform Committee in two instances, one under former Commissioner Gort, and one under our distinguished Commissioner sitting, Mr. Johnny Winton, and we agree that there are some codes that needs to be changed because they are antiquated and just in need of being updated. This is not one of them. As a matter of fact, this particular Code, to modify it and to address the need as if it's a urgent need to be done to address the building of houses within the Model City area, we, the people, don't see that urgency. We would -- and we have discussed with Commissioner Winton -- I mean, I'm sorry, Commissioner Winton. We have discussed with Commissioner Allen. He has met with my executive board. He promised, faithfully, to have come back in regards to properties being discussed in the Model City area. We have not been so fortunate to have had him, you know, even return a call in that regards, not to mention to have come back, as promised, to meet with my board to discuss properties and the future dilemma in regards to properties within the Model City area, and so based upon that, we would like not to have any kind of changes within the codes to accommodate somebody sitting or working for the City, resigning from the City. We want some say-so in regards to what happen with properties in our area anyway. We're the ones that are paying the taxes -- Commissioner Winton: Unbelievable. Mr. Haynes: -- and we should have some say-so in these matters. Commissioner Winton: Unbelievable. Chairman Sanchez: Thank you. I do -- sir, I do apologize. I looked; it is a public hearing, so at this time, it is open to the public. Anyone who wants to speak on this item, please step forward, state your name on the record and your address, and I do apologize. It is a public hearing. Commissioner Winton: Unbelievable. Luis Herrera: My name is Luis Herrera. I represent the Vizcaya Homeowners' Association and United Association. I'm fry to support whatever said -- Mr. -- Chairman Sanchez: Mr. Hayes [sic], whatever he says. Mr. Herrera: Mr. Hayes. Chairman Sanchez: OK. Mr. Herrera: Thank you. City ofMiami Page 253 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: All right. Anyone else? I don't want to be accused of waiving anybody's right to speak in front of this legislative body, so having said that, the public hearing is still open. Anyone wishing to speak on this item? Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Where is Commissioner Allen? This is his item. Mr. Fernandez: He's coming right back in. Commissioner Allen: Sorry, Mr. Chairman. Chairman Sanchez: All right. There is a motion and a second on the floor already. It's -- Commissioner Allen: Mr. Chairman, ifI could. Chairman Sanchez: Yes. Commissioner Allen: In light of consultation with the City Attorney -- Commissioner Winton: I can't hear you. Commissioner Allen: I'm sorry. In light of consultation with the City Attorney, is it -- I would request -- ask your indulgence, and the balance of the Commission, to withdraw this and to discuss -- or table this for the moment -- I shouldn't say "table," but withdraw this for the moment, and then, perhaps, we can discuss it a bit later when Mr. Wilson comes here because he needs to be fully aware of the consequences of this. Chairman Sanchez: Commissioner Allen, I think -- Commissioner Allen: Yeah. Chairman Sanchez: -- we've debated this back and forth. We spent enough time on this. If he was not here at this time -- all that I -- basically, what I ask to keep decorum and order, to discuss it, not debate it; see if we could come to an agreement as to how we're going to lead forth, and when he gets here, he just needs to state that, one -- Commissioner Allen: One, right. Chairman Sanchez: -- that he's willing to resign from the board, and then maybe with the stipulation that's on the record, you could get the votes. If not -- Commissioner Allen: The other consequence, because I -- apparently, he was under the impression this was a supplemental item, so he was coming later. He had no idea that it was going to be discussed, but for purposes of expediting this, that's why I wanted to discuss this earlier. Chairman Sanchez: It was not requested to my office as a time certain item. Commissioner Allen: Right, OK, but in any event, Mr. Chairman, you're advising that we go forward with the vote, relative to the amendment -- Chairman Sanchez: That was placed on record. Commissioner Allen: -- and, of course, when he comes in, that we can then bring it up, sir? Then we can then bring it back for a brief discussion at that juncture. City ofMiami Page 254 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: Well, all he basically needs to get on the record and say, '7 am prepared to resign from the PAB." Commissioner Allen: Right, and the only reason why say that, because he also has to know another consequence to his actions, pursuant to discussion with the City Attorney, that two-year waiver, which also means that -- with respect to this particular transaction, that he cannot do any other transaction with the City unless he gets an affirmative vote by this Commission. Chairman Sanchez: As to a waiver -- Commissioner Allen: As to a waiver, correct. Chairman Sanchez: -- for a two-year conflict, yes. Commissioner Allen: Right, and I think he needs to understand and know that consequence, so Chairman Sanchez: All right. Commissioner Allen: -- andl share my fellow Commissioners' concern, so ifyou will, I'd like to go ahead and see if we can move this item, relative to that, and then, of course, when he comes in later -- Chairman Sanchez: Just call the question and we'll vote on it. Say "call the question." Commissioner Allen: Call the question. Chairman Sanchez: All right. It's a resolution, the language that's set forth. There's a motion and a second. Vice Chairman Gonzalez: Roll call, roll call. Chairman Sanchez: Madam Clerk, let's have a roll call on this. Ms. Thompson: Roll call. Mr. Fernandez: Prior to this Clerk calling the roll, it's important you understand that the vote you're taking is conditioned on this gentleman resigning from the board. If he doesn't resign and the vote passes four fifth, it's for naught because he didn't resign, but if he resigns and the vote of this board is four fifth affirmative, then the waiver is in effect for this transaction. Is that -- that is the -- what's on the floor. I mean, that's what -- Commissioner Winton: Correct. Mr. Fernandez: -- you will be voting on now. Chairman Sanchez: It's my understanding. Mr. Fernandez: OK. Chairman Sanchez: Now, does the maker of the motion and the second understand it? Commissioner Winton: Yes. Chairman Sanchez: All right, let's vote on it, Madam Clerk. City ofMiami Page 255 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Vice Chairman Gonzalez? Vice Chairman Gonzalez: No, ma'am. Ms. Thompson: Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: Commissioner Allen? Commissioner Allen: Yes. Ms. Thompson: Chairman Sanchez? Commissioner Winton: Well, it's not going to pass anyhow, so -- Chairman Sanchez: I love it. I love being the Chair. Commissioner Allen: That's it. Chairman Sanchez: No. Mr. Fernandez: It already failed. Commissioner Winton: Yeah -- Commissioner Allen: Right. Commissioner Winton: -- it already failed. Mr. Fernandez: Because it's a four fifth vote. Commissioner Allen: Because it's a four fifth, right. Ms. Thompson: But he still had to record his vote -- Mr. Fernandez: No, of course, of course. Ms. Thompson: -- because he's in the room. Commissioner Winton: He wanted to get -- you know, he waited there and he wanted to get on the winning team. Chairman Sanchez: Hey, I got -- you know, I got a -- you know, I got to fish or cut bait. I got to fish or cut bait. (Note for the Record: Discussion of the item was suspended and resumed at 3: 01 p.m.) Chairman Sanchez: Before we go into the PZ (planning & zoning) items, we do have a quorum, which is -- as a matter of fact, we have all the Commissioners present for the record. City ofMiami Page 256 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Allen, you're recognized. I believe you have a motion to reconsider Commissioner Allen: Yes, that's correct, Mr. Chairman, and thanks for your indulgence. You may recall, earlier this morning, there was a resolution in which I presented, which I believe failed because of lack of votes. I'd like to have reconsideration of that particular resolution, and to that end, Mr. City Attorney, do I need to reread or read the new reso. (resolution) or do I need, for the record -- Commissioner Winton: I think you have to make (INAUDIBLE) Commissioner Allen: --procedurally. Chairman Sanchez: Under -- Commissioner Allen: I just note procedurally. Chairman Sanchez: -- the Mason's rules and not to Robert's rules of order, which require you to have the side that won make a motion to reconsider. Under Mason, anyone can make a motion to reconsider, including yourself. Commissioner Allen: OK. All right, so -- but to that extent -- Chairman Sanchez: Madam Attorney. Commissioner Allen: -- I'll make that motion, but what need to do is, do I need to introduce my new resolution or do I need to -- Commissioner Winton: You've got to make a motion. Commissioner Allen: -- state the previous resolution and then piggyback with the new one? Chairman Sanchez: Madam Attorney. Commissioner Allen: Procedurally. Maria J. Chiaro (Assistant City Attorney): Before you proceed, you need to -- Commissioner Winton: Make a motion. Ms. Chiaro: -- state on the record what -- Commissioner Allen: The old -- Ms. Chiaro: -- the old -- right, the item -- Commissioner Allen: That failed. Ms. Chiaro: -- the issue -- Commissioner Allen: That failed. Commissioner Winton: Motion to reconsider. Ms. Chiaro: -- that failed. City ofMiami Page 257 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Allen: OK. Ms. Chiaro: So that the record is clear what is being re -- what is being requested to be reconsidered. Commissioner Allen: OK, so to that end, I'll read for the record, this was a resolution of the Miami City Commissioner [sic], by a four fifths affirmative vote, after a public hearing, pursuant to Section 2-614 of the Code of the City ofMiami, as amended, City Code, waiving the conflict of interest provisions contained in Section 2-612 of the City Code regarding David Wilson and the conveyance of certain city -owned properties to RERG Development, L.L.C. for the construction of affordable housing in District 5, conditioned upon David Wilson tendering his resignation from the Planning Advisory Board in writing, and to that end, Mr. Wilson is here. If he could come to the podium, please. I do believe he has -- Commissioner Winton: But he -- Ms. Chiaro: Excuse me. Chairman Sanchez: But -- Commissioner Winton: Hold on. Commissioner Allen: I'm sorry. Ms. Chiaro: Excuse me, Mr. Commissioner. Chairman Sanchez: But before we do that -- Commissioner Winton: You got to get a motion passed. Chairman Sanchez: -- Commissioner Allen, let's make the motion to reconsider. We need a -- Commissioner Allen: OK. Chairman Sanchez: -- second for the purpose of discussion. Commissioner Allen: Sure. Chairman Sanchez: And then, if it passes, then you can present your new motion, so there is a motion to reconsider on the table. Commissioner Winton: Second. Chairman Sanchez: Is there a second? Commissioner Winton: Second. Chairman Sanchez: Second by Commissioner Winton. It is under discussion. Any discussion on the item? If not, all in favor, say "aye." Commissioner Regalado: No. Chairman Sanchez: Anyone in opposition, having the same right -- Commissioner Regalado: No. City ofMiami Page 258 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: -- say "nay." Vice Chairman Gonzalez: No. Chairman Sanchez: All right, then, Madam Clerk, roll call, because it requires -- does it require a four fifth? Ms. Chiaro: It does not. Chairman Sanchez: It does not. Ms. Chiaro: It requires a simple majority to reconsider. Chairman Sanchez: OK. Commissioner Allen: Right. Now -- Chairman Sanchez: Roll call. Ms. Thompson: Roll call. Commissioner Winton: You got four fifths to pass it again, but it's -- Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Vice Chairman Gonzalez? Vice Chairman Gonzalez: No. Ms. Thompson: Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: Commissioner Allen? Commissioner Allen: Yes. Ms. Thompson: Chairman Sanchez? Chairman Sanchez: Yes. Ms. Thompson: OK, thank you. Commissioner Allen: OK, so having said that, Mr. Chairman, what I'd like to do is propose a new resolution, in this instance, and I'd like to read that resolution aloud, and Mr. Wilson, if he can come forward to the podium, please. The new resolution will read, a resolution of the Miami City Commission, by a four fifths affirmative vote, after a public hearing, pursuant to Section 2-614 of the Code of the City ofMiami, as amended, waiving the conflict of interest provisions contained in Section 2.12 -- 612, Subsection C in the City Code regarding David Wilson for the transaction of conveyance of certain city -owned property to RERG Development, L.L.C. for the construction of affordable housing in District 5. Now, it was made clear -- City ofMiami Page 259 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: All right. Before you do -- Commissioner Allen: Sure. Chairman Sanchez: -- there is a motion. We need a second for the purpose of discussion. Commissioner Winton: Second. Chairman Sanchez: There's a second for the purpose of discussion. Before we discuss it, you are introducing an ordinance -- Commissioner Allen: A resolution. Chairman Sanchez: -- that requires a public hearing -- Commissioner Allen: Yes. Chairman Sanchez: -- so therefore, it is open to the public. Anyone from the public wishing to address this item, please step forward and be recognized. At this time, we do have two individuals that want to speak on the item. Please, sir, state your name for the record, and your address. David Wilson: Hi. My name is David Wilson, and I'm president of the Real Estate -- RERG Development. My address -- business address is 1717 North Bayshore Drive, Suite 124. I want to thank you all for allowing me to come back before you because I was not here this morning. How this whole thing sort of came together was, a few months ago, I was contacted by Commissioner Allen's office saying that they wanted to appoint someone to the Planning Advisory Board. I've been doing commercial real estate in the community for roughly 20-plus years, and would I consider that? And I said, well, how long do you meet? He said, "Well, I can't tell you that, " but I says, well, I would consider that. Subsequently, I was also building single-family homes in the Liberty City area, and I grew up in Liberty City. I went to school at Orchard Villa on 59th and 13th Avenue, around the corner where we're building. I went to Northwestern High School, and attended the University ofMiami. I mean, this is a community that grew up in and thatl dearly love. I'm not -- this is not new for me being involved in Liberty City. I serve on Martin Luther King Economic Development Corps Board, Tools For Change Board, the Miami -Dade Chamber of Commerce Board, and et cetera, and also this is not a new involvement for me, in terms of the community. I chair the Finance Committee for the Performing Arts Center Trust, which I've chaired for the last 13 years. I serve on Miami -Dade County Management Finance Committee. I'm on the Investment Policy Committee for the Florida Grand Opera, and I also serve as vice president of an alumni board at the University of Miami, and I do these things because this is a community that has given me a lot, and I feel that, you know, I can give back. Subsequently, we presented and we're elected as one of the groups that would receive these lots from the City ofMiami, and I let the staff at the Model Cities Trust knew that served on the Planning Advisory Board. At that point, they said, "Well, there may possibly be a conflict, " and as a result, I guess it did turn out that there's a conflict. I am prepared to tender my resignation from the Planning Advisory Board. Chairman Sanchez: Thank you. Mr. Wilson: You know, I'm sure that, you know, this -- the ordinance that prohibits me from serving on the Planning Advisory Board and receiving lots -- Chairman Sanchez: Mr. Wilson -- Mr. Wilson: Yes. City ofMiami Page 260 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: -- did you provide a copy to the Clerk? Mr. Wilson: Yes, I did. Chairman Sanchez: Thank you so much, sir. Mr. Wilson: You know, I'm sure this item is not particularly set out to prohibit myself or other persons like myself who love serving this community that we grew up in, but obviously got caught in a very difficult situation. We're currently building homes in Liberty City. We're building them out of our pockets because I felt that there's such a need for affordable housing in this city, and we'll continue to do that. When the opportunity came up to work with the Model Cities Trust, and we thought, well, that would be a great opportunity because we're prepared to build. You know, since this whole process started, the architect's already working to get the plans approved; we've already spent money, and we're prepared to go forward. If we got an approval, we can break ground and start building because financing is not an issue for us, so you know, I really hope that we're afforded this opportunity, and I do want to say that really enjoyed serving on the Planning Advisory Board. This is the kind of stuff that think people like myself who have experience, can lend to the board, but if there's a conflict, you know, I feel I would prefer to build single-family homes, and I would hope that, you know, we can receive this particular waiver to continue with this process on the other ten lots. Additionally, when I agreed to serve on the Planning Advisory Board, I did not know that you could not do business with the City for two more years. I'd never done any business with government, so this whole process is new to me, but really wish that you all and hope that you would consider it. If not, you know, my enthusiasm for this community will not dull, and I won't have any, you know, ill intent towards the Commission because it is what it is, but would hope that, you know, I'm given consideration, so thank you. Chairman Sanchez: Thank you, sir. Sir, state your name for the record -- Mr. Haynes: My name is -- Chairman Sanchez: -- and your address. Mr. Haynes: -- is Herschel Haynes, and again, I'm chairman of the Hadley Park Model City Homeowners' Association, and Mr. Chairman and fellow Commissioners, early on, I think the real problem arose as a result of our Commissioner not really being responsible and sharing with us, as promised, you know, what's happening in our own community in regards to infill lots, which he promised faithfully to do to them. Myself I'm just a little servant. I'm nobody, butl would respect that our Commissioner, whom was appointed, that he should have discussed, as promised, all of the infill lots within the Hadley Park Model City area, and so as you see, these are some of the kinds of problems that can arise when, procedurally, things are not done that should be done. I have, personally, no opposition, now that understand with some clarity, what's going on in regards to -- what's your name, sir? Mr. Wilson: David Wilson. Mr. Haynes: -- Mr. Wilson moving forward, you know, as, you know, he has stated to help to develop the, you know, affordable homes in Model City area. My question would be, though, in that this Commission has charged the Model City Trust in regards to the tasks of you know, building affordable homes, and how does this reflect on the interlocal agreement that is supposed to be in place to help facilitate the task, which they have been charged with to continue to move that task forward. I can't speak for that. I should just like to say that because it should be, I think, a matter of record that, as I've spoken with HUD, Department of Housing and Urban Development, they have charged -- they have the connection with the City not the Miami -- I City ofMiami Page 261 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 mean, the Model City Trust; it's that they share with me that the City ofMiami responsible to them and vice versa, and they -- the City has to do them fair share of dealing with the Trust. My concern would be that situation. Chairman Sanchez: Thank you. All right. Coming back to the Commission. Any further discussion on the item? Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. I think that everybody here supports development in Model City. I think everybody here wish to have quality people in the boards. I think that everybody here would like to have people that know the area, work in the area, and build in the area. However, unfortunately, Mr. Wilson has become a collateral damage in the new Miami. The old Miami, it would have been one that, you know, there's no problem, and it doesn't look good, but that's OK; it doesn't sound good, but that's OK, but we cannot have a double standard. They did it to Commissioner Gonzalez. He had to resign because of a conflict of interest, so if we want to open sort of a Pandora's box and start giving away waivers for board members to do business with the City, that's fine by me, but I cannot support this. Chairman Sanchez: All right. Vice Chairman Gonzalez: Ifyou allow me, Mr. Chairman. Chairman Sanchez: Vice Chairman Gonzalez, and then Commissioner Winton. Vice Chairman Gonzalez: As you well said, Commissioner Regalado, it was done to me, not only once, but twice. I was removed off the Community Development Block Grant Advisory Board by then Commissioner Joe Carollo and by then Commissioner Miller Dawkins, because I had a conflict of interest of working in a community based organization and serving on the board, and then I had the second conflict of interest where I had to decide either to have a job or to be a Commissioner, so it was twice on the road. Commissioner Allen: Right. IfI may, Mr. Chairman. Commissioner Winton: Mr. -- Chairman Sanchez: Commissioner Winton and then Commissioner Allen. Commissioner Allen: Yeah. Commissioner Winton: I guess a number of things because the conflict, Commissioner Gonzalez, that you're speaking of that didn't come before this Commission. I don't -- we didn't vote on that at all. I mean, it was -- right? We didn't vote on anything like that, right? And that's one of the things that's different about this. I don't know who opined that there was a conflict, but it's -- but it wasn't a Commission issue. It never came before us. This is a Commission issue. It does come before us and we do get to -- I mean, it's anticipated in our Charter, which is the reason we can, potentially, take this action, and secondly, haven't -- didn't we waive the conflict of interest rules for Alex Vilarello and -- Commissioner Allen: Yes. Commissioner Winton: -- for Carlos Gimenez? Commissioner Allen: We sure did. The evidence is clear on that. Commissioner Winton: So there's two recent examples where we've done it, but it wasn't some City ofMiami Page 262 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 outside entity that was involved, like with you, Commissioner Gonzalez; it was the Commission that we -- and we all did that, and I happen to know David Wilson here and think very highly of him, and that community needs housing. In fact, we spent 30 minutes this morning talking about the Model Cities Trust relative to CDBG (Community Development Block Grant) funding and some infrastructure improvements, and we can't get too many good developers developing in Liberty City. If we could get 20, I'd be thrilled to death, because the more you have, the more housing you're going to have, the faster you're going to have the more housing; the faster you'll have more housing, the faster you're going to have disposable income that can go back into that neighborhood, and the faster businesses will pick up steam, the faster the neighborhood will turn around, and the quicker we will be able to say, as a city, we're one of the best cities in the entire United States at turning around African American neighborhoods, and I think that we, as a Commission, frankly, and I've -- and I think we're all very close here, and I think that we're going to absolutely be able to say that in the not -too -distant future because of the kind of actions we're taking, and so I'm not -- I don't see this as precedent setting. I think we've set the precedent before relative to waivers, and I see a real opportunity for a real quality person to get into a community that needs housing badly, and help us build as much housing as we can build, as quickly as possible. That's the whole reason why I supported it, not because I was arguing or -- arguing with the point that you made, Commissioner Gonzalez, because I understand your point completely. I just see this differently, and so I just wanted you to understand that. Chairman Sanchez: Commissioner Allen. Commissioner Allen: Yes, Mr. Chairman. I won't spend time reiterating what Commissioner Winton just said because I certainly support everything he just said. What's clear here, let's not cloud the issues, guys. We have resolved the issue, which was a potential conflict. Mr. Wilson has resigned. What I'm asking my fellow Commissioners to do is to let Mr. Wilson go forth, relative to these ten properties, and build affordable homes in my district. No one's going to sit on this dais and tell me I don't have a quality guy and disagree with me. Don't cloud the issue, guys. This is not an issue with respect to conflict of interest. The City Attorney has opined; we've done that. I would request, respectfully, that my Commissioners support me in the effort to rise, if you will, the quality of life in my district, very similar to what's happening in all the other districts. That's why I'm here today and that's what I'm demanding, and again, respectfully, I ask the indulgence of my Commissioners to support me to that end. Chairman Sanchez: All right. Mr. Arriola: Commissioner, can I say a little something, and I have no beef -- Chairman Sanchez: Mr. City Manager, you will be the last to speak on the item, and then I'll -- Mr. Arriola: I have no beef either way, and I understand -- Commissioner Regalado: Mr. Chairman. Mr. Arriola: -- the conflict of interest, but will tell you one thing, and I want to go on record on this thing. This is a good man. He builds good houses, and he's done a great job for us in -- throughout Overtown and Liberty City. That's all I want to put on the record. He's ready to go. He's got plans. I'm not looking -- either way, whatever you guys decide, it's great with me, but just want to go on the record that this is a good man with a great set of records, with a great plan to build houses, and that he could build houses between now and Thanksgiving, which is kind of the goal we had given him, and I'm not talking about the ethics; that's your position, butl just want to go on the record that this is a very good man and has done a very good job with what he's done in Liberty City. Chairman Sanchez: Commissioner Regalado. City ofMiami Page 263 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Regalado: Just briefly for the record, on the Carlos Gimenez issue, we did not waive the conflict of interest because I questioned something and then he decided not to work for the City, and he gave a letter to the Manager and saying he doesn't want to work, and we never voted on that issue, so just to clear the record. Chairman Sanchez: Vice Chairman Gonzalez. Vice Chairman Gonzalez: It's not a matter of this gentleman, in particular. It's not a matter of the gentleman or any other gentleman; it's a matter of principle. It could be this person or any other person. It's not a matter of a person. I don't doubt that the gentleman is very honorable, that he can build houses, that he has the plans. I don't doubt any of that. Commissioner Allen: Mr. Chairman, ifI just -- one last question before we call it. Again, respectfully speaking, we have resolved the issue. The issue was simply put, whether or not he would resign, which is what he has tendered his resignation; therefore, he should be allowed to go forward with the development of affordable housing in my district. This is a market opportunity for an African American who has a record of skill sets, and I'll be darn if somebody's going to tell me that this guy can't build houses and should not build houses. I don't see what the outstanding issue here is, guys. We have the resolution, which will clear up the matter. I will continue to read this resolution, which will say, he will be allowed to go forward with these particular -- this particular transaction. Frankly speaking, end of story, and let's go forward with the affordable housing. I understand he's ready to go. In a matter of months, we can have some affordable houses for those individuals who were displaced from District 5 can potentially move back in the district, so to that end, Mr. Chairman, I'd like to call the question relative to the resolution, and ask my fellow Commissioners to pass this resolution with respect to resolving the conflict of-- the waiver of the conflict of interest issue. Chairman Sanchez: The question has been called. Madam Attorney, read the ordinance into the record, followed by a roll call from the City Clerk. Commissioner Allen: It's a resolution. Ms. Thompson: Resolution. Chairman Sanchez: It's a resolution. Commissioner Allen: It's a resolution. Chairman Sanchez: Oh, I'm sorry. It's a resolution. Madam Clerk, roll call. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Vice Chairman Gonzalez? Vice Chairman Gonzalez: No. Ms. Thompson: Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: Commissioner Allen? City ofMiami Page 264 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Allen: Yes. Ms. Thompson: Chairman Sanchez? Chairman Sanchez: No. Ms. Thompson: The motion failed, 2/3. Commissioner Allen: OK. Now, for clarification purposes, procedurally, may I turn to Madam Clerk, this now means that this reso. has died for lack of affirmative votes; am I correct? This measure has failed for lack of affirmative votes? Ms. Thompson: It failed because you did not have -- Commissioner Allen: Correct. Ms. Thompson: -- four fifths affirmative vote. Commissioner Allen: Right. OK. Does that also mean that now -- the fact that he's tendered his resignation, does that -- can that be resurrected, if you will, or -- I don't -- Unidentified Speaker: Reappoint him. Chairman Sanchez: He could withdraw his resignation. Commissioner Regalado: Reappoint him. Commissioner Winton: Or reappoint him, either one. Commissioner Regalado: Reappoint him. He should be in the Planning Board. Mr. Wilson: I wouldn't withdraw my resignation because then I still -- ifI ever decided to do business with the City, I still got the conflict. You know, I'm extremely disappointed. You know, when you grew up in this community and a part of this community, you know, and you want to do something good, it's very, very disappointing, but you know, we're going to continue to build irrespective of the decision, and you know, I hope that if this community is going to get people involved, who are willing to give their time, that there's something could be worked out better than what's taking place here today because it's quite disappointing. Thank you. Commissioner Allen: Thank you, Mr. Wilson. Now, Mr. Chairman, there was a companion item, which, in effect, would dove -- Chairman Sanchez: Before you do that -- Commissioner Allen: Yes. Chairman Sanchez: -- allow me the opportunity, because I wanted to make it very clear that I second for the purpose of discussion because I really wanted him to put it on the record. I wanted to put his point of view on the record because I felt that it was important for him to state his record for the record here in front of us, but the resolution, as well as the ordinance, required a four fifth vote, which my vote wouldn't have made a difference. I just felt that I voted on the position because I'll tell you this much, since I've been here in the seven years, I really don't know anyone who has had the opportunity to do work with the City that has been on a board that has had to come in front of the Commission to resign from the board in order to have an opportunity to work with -- I'm not questioning his moral character. City ofMiami Page 265 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Allen: Right. Chairman Sanchez: You know, I could have easily said, I don't have to vote; it already died. It's a four fifth vote, butt just wanted to put my position on the record -- Commissioner Allen: I appreciate that. Chairman Sanchez: -- in all fairness to you, my colleagues, and all those that are here today. Commissioner Allen: I appreciate it, but Mr. Chairman, ifI could, quickly, I understand what you say and I accept that, but however, Mr. Wilson stood here and told you guys he was unaware of that, and the minute he was apprised of it, he immediately act accordingly with respect to the Attorney's decision, and so, therefore, he'll -- puts him back on equal footing, he should be allowed, in my opinion, to go forward and develop. This is a market opportunity. Frankly, what I think we've done today here is a restraint of trade. We are effectively telling a qualified black contractor, you can't do business in your own district, a kid who grew up in the district, who went to Miami Northwestern, I find it abhorrent to not let this guy go forward, who can build affordable housing, and you guys -- I mean, you guys lambast Model City this morning. I went there, since I've been appointed, to provide leadership for Model City. I'm going to bring individuals to you guys to get properties built. Here's a perfect example -- my example of bringing a quality person to say, look, you need to go work with Model City. Let's get some houses built. I've worked hand in hand with the City Manager to this extent. The City Manager will weigh in on this. We thought we had an effort here that was moving forward. Now, I see it's being torpedoed. I don't like the sound or the smell of this, guys. I must tell you right now. I can't believe what I've just experienced. I should have got the requisite support from this Commission, relative to this issue. Chairman Sanchez: No. All right, we move on. Commissioner Allen: OK. All right. City ofMiami Page 266 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 NA.1 05-00526 DISCUSSION ITEM Chairman Sanchez congratulated Mayor Manuel Diaz on his speech during the State of the City Address, and thanked all City of Miami staff who assisted in the success of the event; further congratulating the Miami Heat for their victorious win over the Detroit Pistons. DISCUSSED Chairman Sanchez: While we're in the -- while we're taking time to praise people, I want to take this opportunity to praise the Mayor of the City ofMiami for his State of the City report, and I also want to take the opportunity to thank all the City staff that made this possible, who worked to set up the convention center. I think that they represented the City with the utmost professionalism that exists, and it was -- Mayor, it was a great speech. It was a great presentation, and I think that all those that are watching it on Net-9 will see what type of professionalism this City has, and will continue to improve as we represent the residents of the City ofMiami, and on that note, I also want to congratulate the Miami Heat for a great victory last night. (Applause) NA.2 05-00529 DISCUSSION ITEM Commissioner Regalado, representative for the Homeless Trust, reported that the feeding program in Miami, since its inception on February 21, 2005 to May 17, 2005, has been successfully conducted by Miami Rescue Mission, Trinity Church, Mount Zion Baptist Church, and Camillus House, housing 30,692 individuals, and serving 68,738 meals. Since the program began, the City of Miami Police Department, City of Miami Homeless Department, and the Homeless Trust Outreach program have not witnessed any feeding in the streets of downtown Miami, which plagued the City in the past. DISCUSSED Chairman Sanchez: All right, so we move on. The next item on the agenda, I believe, is -- Commissioner Regalado: Mr. Chairman, Chairman. Chairman Sanchez: Commissioner Regalado, you have an item. Commissioner Regalado: I don't -- Chairman Sanchez: It's a report, not an item. Commissioner Regalado: Right, right. It's just a brief report, something that you all be happy to hear, good news for a change. Last Friday, I attended, as always, the Homeless Trust. As you know, I am your representative and the League of Cities representative in the Trust, and we had a -- one of the items was a report about the feeding program in downtown Miami. Feeding program that you all directed me to coordinate with the different groups started on February 21 of this year. From that date to May 17 of this year, the feeding program in the following sites, Miami Rescue Mission, Trinity Church, Mt. Zion Baptist Church, and Camillus House has house 30,692 individuals, and 68,738 meals were served in an orderly way. The City ofMiami Police City ofMiami Page 267 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Department, the Homeless Department of the City ofMiami, the Homeless Trust Oufreach program have not seen any feeding in the streets of downtown Miami since we started this project, so -- Commissioner Winton: Hallelujah. Commissioner Regalado: Commissioner Winton, I guess, you know, downtown deserve that, and we need to thank the people of the Homeless Trust, the Homeless Coalition, Ben Burton, David Raymond, our Homeless Oufreach director through the NET (Neighborhood Enhancement Team) office, the coordinator, because -- and the Police. I mean, this has worked perfectly. None of the churches have complained. Everybody is doing this thing indoor, so it's a success. Commissioner Winton: Mr. Chairman. Chairman Sanchez: Yes, sir. Commissioner Winton: I would like to thank Commissioner Regalado. I think he's doing a heck of a job representing us on the homeless -- with the Homeless Coalition. He's really paying attention. We needed a strong voice, and I think he's providing a strong voice for us, so I want -- Chairman Sanchez: Here, here. Commissioner Winton: -- to thank him for his efforts. Commissioner Regalado: Thank you. Chairman Sanchez: All right. We'll move along. Vice Chairman Gonzalez: Mr. Chairman, I would also like to -- Joe Arriola (City Manager): Can I make a comment, because the guy that has really done a fabulous job is sitting right here. Commissioner Regalado: Brad Simon. Chairman Sanchez: Brad. Stand up, Brad. Mr. Arriola: Brad is phenomenal, and he has done a magnificent job; coordinated all this, and if you know, going to pat somebody on the back, this is the guy that really deserves the credit. He's done a fabulous job. Commissioner Regalado: And I did -- Arriola: He works tirelessly, and this guy puts 60, 70, 80 hours. I mean, he's phenomenal, and we should all thank him for the great job he did. Chairman Sanchez: Our hats off to you, sir. Commissioner Regalado: And I did mention that. Mr. Arriola: No, but -- Commissioner Regalado: And you know, it is important to understand that all these 30,000 persons -- I mean, these are recurring. We are talking of a population, Brad, of 700 in downtown Miami, plus there are people that are not homeless that are hungry that are going to City ofMiami Page 268 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 those sites, so thank you very much, Brad, and thank you to all the members of the Homeless Trust. Chairman Sanchez: All right. Vice Chairman Gonzalez: Mr. Chairman, I'd also like to thank Commissioner Regalado for representing us before the Homeless Trust for a well done job. Commissioner Regalado: Thank you, sir. Vice Chairman Gonzalez: Really thank you. NA.3 05-00532 DISCUSSION ITEM A motion was made by Commissioner Allen, seconded by Vice Chairman Gonzalez, and passed unanimously, with Commissioner Winton absent, to schedule a budget workshop during the afternoon of Tuesday, July 26, 2005. Chairman Sanchez: Larry, you want to put on the record a workshop? Larry Spring (Chief of Strategic Planning, Budgeting & Performance): Yes. In the briefings that I did, I discussed two possible dates for the budget workshop in July, July 25 and July 26, and I'd like for the Commission to at least, in a public hearing, debate your availability on those days. It would be, you know, a couple hour event where we would go over the preliminary draft; you would be able to give me some feedback own your priorities so that we can take the August break to finalize those items, so July 25 or 26? Commissioner Allen: That's which day of the week? That's Monday or Tuesday? Mr. Spring: Monday or Tuesday. Commissioner Allen: OK. IfI can, I'll make a motion that July 26 would be appropriate, since the Tuesday -- Chairman Sanchez: I think I'm available both days. I'm available both days. Commissioner Regalado: That's a bad historically day. Vice Chairman Gonzalez: Historically. Commissioner Allen: Historically. Commissioner Regalado: But that's OK. I mean, that's OK. We forget about -- we start talking about the budget and we forget about what happened that day. Vice Chairman Gonzalez: For Cubans, it's a bad day. Commissioner Regalado: But if we can do it in the afternoon, I would really -- Mr. Spring: OK Commissioner Regalado: I -- for me, it's very difficult in the -- Mr. Spring: OK City ofMiami Page 269 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Regalado: But if you guys -- Vice Chairman Gonzalez: I have a question. Commissioner Regalado: -- don't mind -- Vice Chairman Gonzalez: How many priorities can we have? Mr. Spring: As many as you like. Vice Chairman Gonzalez: OK. Commissioner Allen: Which is better? Twenty-fifth is better? Chairman Sanchez: It's perfect. I'm available both days. We need to pick a date. Vice Chairman Gonzalez: I'm fine. Chairman Sanchez: All right. Commissioner Regalado: I don't care, as long -- Vice Chairman Gonzalez: Second your motion. Is that your motion? Commissioner Allen: OK. Yeah. Chairman Sanchez: All right. Commissioner Allen: That was a motion for the 20 -- July 26, a Tuesday afternoon, preferrably. Chairman Sanchez: All right. There is a motion for that date, and a second. The motion is made by Commissioner Allen, second by Vice Chairman Gonzalez. Vice Chairman Gonzalez: What about Commissioner Winton? Is he all right with the date? Chairman Sanchez: Is he OK with that date? I believe he is. We get a thumb's up from his Chief of Staff. Vice Chairman Gonzalez: All right. Chairman Sanchez: So all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Thank you so much. Mr. Spring: Thank you. Chairman Sanchez: -- Madam Director. Commissioner Regalado: Mr. Chairman -- Mr. Fernandez: Chairman -- City ofMiami Page 270 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 NA.4 05-00533 Commissioner Regalado: -- I have -- Chairman Sanchez: -- I mean, Mr. Director. Commissioner Regalado: -- information for the Manager -- Chairman Sanchez: I apologize. DISCUSSION ITEM Commissioner Regalado brought to the Commission's attention a press release from BetCris.com, an online betting site, offering to buy the naming rights of the Orange Bowl Marlins Stadium. Commissioner Regalado: -- just on the budget, but I don't know. I told the Mayor yesterday, and he didn't have -- receive any information, but just for the Manager's, there is a press release from BetCris. com. This is the online betting site. They offering to buy the naming rights of the Orange Bowl Marlins stadium, and they said that they already spoke -- or they submitted a proposal to Marlins owner, Jeffrey Loria, and to Major League Baseball, so I think it'd be interesting to look into it. What they are offering, it will be the solution to all the problems, $420 million -- JoeArriola (City Manager): I know. Commissioner Regalado: -- of naming rights. Mr. Arriola: We'll see if it's right. Vice Chairman Gonzalez: Wow. Mr. Arriola: We'll see if it's true or not, but, yeah, they got the offer and we talked about it. NA.5 05-00536 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO: (A) CONVEY, WITH PARCEL REVERTER PROVISIONS, ELEVEN (11) CITY OF MIAMI ("CITY") OWNED PARCELS OF LAND DIRECTLY TO THE DEVELOPERS, AS DESCRIBED IN "ATTACHMENT A," ATTACHED AND INCORPORATED ("DEVELOPERS"), FOR THE CONSTRUCTION OF AFFORDABLE HOUSING FOR ELIGIBLE LOW AND MODERATE INCOME PERSONS, (B) CONVEY CERTAIN CITY -OWNED PARCELS OF LAND DIRECTLY TO THE CITY DEPARTMENT OF OFF-STREET PARKING ("DOSP"), AS DESCRIBED IN "ATTACHMENT B," ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION OF PARKING LOTS, CURRENTLY SUBJECT TO ASSIGNMENT TO THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST ("TRUST"), PURSUANT TO THE INTERLOCAL COOPERATION AGREEMENT BETWEEN THE TRUST AND THE CITY DATED SEPTEMBER 25, 2003, AND (C) AMENDING THE INTERLOCAL COOPERATION AGREEMENT TO PROVIDE FOR THE DELETION OF SUCH PARCELS FROM EXHIBIT "A" OF SAID AGREEMENT TO REFLECT: (1) THE CONVEYANCE OF ELEVEN (11) PARCELS DIRECTLY TO THE DEVELOPERS, FOR THE DEVELOPMENT OF AFFORDABLE HOUSING, (2) City ofMiami Page 271 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 THE CONVEYANCE OF CERTAIN PARCELS DIRECTLY TO DOSP, FOR THE CONSTRUCTION OF PARKING LOTS, AND (3) THE CONVEYANCE OF FIVE (5) PARCELS TO PALMETTO HOMES OF MIAMI, INC., FOR THE CONSTRUCTION OF AFFORDABLE HOUSING, AS DESCRIBED IN "ATTACHMENT C," ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION OF AFFORDABLE HOUSING, APPROVED BY THE CITY COMMISSION AT ITS APRIL 28, 2005, MEETING, SUBJECT TO THE TERMS AS STATED HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, FOR SAID PURPOSE. 05-00536-exh i bit. pdf Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0357 Chairman Sanchez: We go to PZ (planning & zoning) items. The first PZ item -- Commissioner Allen: Mr. Chairman, I think there was a companion item, you may recall. I think it has to do with respect to the Model City Trust. Again, this is a situation -- not a situation, but a particular matter that was resolved conveying certain properties to certain developers to develop property in Model City, and in this particular resolution, Mr. David Wilson's company has been deleted, so thus, the generic language is here -- is developers, so do I need to read this full resolution, Madam City Clerk? Commissioner Winton: I don't even know what you're doing. Chairman Sanchez: I would -- Commissioner Allen, with all due respect, I mean, I would like to know -- read this resolution and get -- Commissioner Allen: Right. OK, let's -- Chairman Sanchez: Please, at least, walk me through it. Commissioner Allen: OK, let's -- yeah. This is pursuant to, as I told you, since I've been appointed, my efforts to get affordable housing construction moving in my district, and making sure Model City does efforts -- make efforts to that end. The resolution reads, a resolution of the City Commission authorizing the City Manager to convey, with parcels reverter provisions, 11 City -owned parcels of land directly to developers, described in Attachment A, attached and incorporated, for the construction of affordable housing for eligible low- and moderate -income persons, and (b) convey certain City ofMiami-owned parcels of land directly to the City of Miami Department of Off -Street Parking, described in Attachment B, attached and incorporated for the construction of parking lots, currently subject to assignment to the Model City Community Revitalization District Trust pursuant to the interlocal cooperation agreement between the Trust and the City ofMiami, dated September 25, 2003, and amending the interlocal cooperation agreement to provide for the deletion of such parcels from ExhibitA of the agreement to reflect (1) the conveyance of 11 parcels directly to developers for the development of affordable housing, (2) the conveyance of certain parcels directly to Off -Street Parking for the construction of parking lots, and (3) the conveyance of 5 parcels to Palmetto Homes, Incorporated, for the construction of affordable housing, described in Attachment C, attached and incorporated, for the construction of affordable housing, approved by the City Commission at its meeting on April 28, 2005, and further authorizing the City Manager to execute all necessary documents for said purpose. City ofMiami Page 272 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: So moved. Is there a second? Vice Chairman Gonzalez: Second. Commissioner Winton: Second. Chairman Sanchez: Second. Discussion on the item. Mr. City Manager, do you want to weigh in on this? Joe Arriola (City Manager): Sure. I want to go on the record that this is a great, great move. Adminisfration supports it. This is what we've needed. This is not all the houses we're going to build there, but at least it's a step forward getting a couple built especially folks Palmetto homes, who have done such a magnificent job and get houses. I think that this is going to allow us, at least, to have the parking lots that are needed in the area, and approximately 30 homes that we will build. Somewhere around Thanksgiving, we'll be giving away turkeys and homes at this time, so Adminisfration is 100 percent behind this, and ifI could say kind of a wise comment is, it's about time that we do this. Chairman Sanchez: All right. Mr. City Attorney, having that I just scanned through this resolution, have you had an opportunity to look at it and are you OK with it? Jorge L. Fernandez (City Attorney): We drafted it. Chairman Sanchez: So you're OK with it? Mr. Fernandez: Yes. Chairman Sanchez: Well, sometimes you draft it or somebody from your staff drafts it and we get it two minutes before we have to vote, and I want to make sure that, you know, the City's protected. OK. There is a motion and a second. Any discussion from the Commission? If not, I'd like to commend you, Commissioner Allen. I want to praise you for this legislation, which clearly shows that your heart's in the right place to try to get your area developed, as well as other areas in the city. Having said that, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. NA.6 05-00534 DISCUSSION ITEM A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Allen, and was passed unanimously, with Commissioner Winton absent, directing the City Attorney to analyze the pending lawsuit regarding Family Boarding Home, and report its findings at the City Commission meeting currently scheduled for June 23, 2005; further taking into account the City's best interest in determining how best to handle the lawsuit. Vice Chairman Gonzalez: Mr. Chairman -- Chairman Sanchez: All right. Vice Chairman Gonzalez: --I have an item that I would like to bring -- City ofMiami Page 273 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Chairman Sanchez: Yes, sir. Vice Chairman Gonzalez: -- if you allow me, please. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.7. Vice Chairman Gonzalez: No, we're going to hold -- Ms. Slazyk: OK. Vice Chairman Gonzalez: -- PZ (Planning and Zoning) for a minute. I have an item that the City Attorney needs to leave and I have a question, Mr. Chairman, ifyou allow me. Chairman Sanchez: Sir, you're recognized. Vice Chairman Gonzalez: Mr. City Attorney, what is the status of the pending lawsuit regarding the Family Boarding Home? Jorge L. Fernandez (City Attorney): Mr. Chairman, Commissioners, as you know, there are two lawsuits that had been filed by the Family Boarding Home. There's a state lawsuit based on this Commission's denial of the special exception for the change of ownership. That is, since this Commission was acting in its quasi-judicial capacity, Family Boarding Home is alleging that the denial of the special exception for the change of ownership was not based on competent, substantial evidence. The circuit court has sent the matter back to this Commission, based on their request for a stay of the proceedings, and it is my understanding that this matter is scheduled to come back to you on June 23, 2005. Also, there is a federal lawsuit that's been filed, and this lawsuit was filed not only against the City, but against four of the Commissioners in their individual capacity. This lawsuit involves various different count claiming violation of the Fair Housing Amendment Act of 1988, equal protection violations, due process violations, arguments of preemptions. The City was recently served with this lawsuit, and I have not responded to this particular lawsuit to date. However, I have met with the attorney that has filed these lawsuits, and we are in the process of discussing viable alternatives of dealing with this lawsuit, so that's the status of what's happening with these lawsuits. Vice Chairman Gonzalez: OK. Since this matter is going to be before us in June 23, I have a motion to the City Attorney to analyze the matter further, and come back to us on June 23 with what are our options, and how best to handle this lawsuit, obviously, taking into account the City best interest. That is my motion. Chairman Sanchez: All right. There's a motion. Commissioner Allen: I'll second. Chairman Sanchez: Is there a second? Commissioner Allen: I'll second the motion, Mr. Chairman. Chairman Sanchez: Second. There's been a second to the motion. Is there any discussion on the item? No discussion on the item? Commissioner Allen: Just perfunctory, just have to make sure that we did file an extension of time in which to answer, correct? Mr. Fernandez: We have. We have taken -- City ofMiami Page 274 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Allen: OK. Mr. Fernandez: -- care of that. We've been working with the opposing counsel. Commissioner Allen: 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, and we move on to the next item. NA.7 05-00537 DISCUSSION ITEM A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously, directing the Administration to respond to all issues presented by the residents of Silver Bluff relating to two projects in the area (items PZ.34 and PZ.35) within the next five working days, not counting Monday, which is Memorial Day. MOTION Commissioner Regalado: Mr. Chairman. Chairman Sanchez: Yes, sir, you're recognized. Commissioner Regalado: Briefly, we have some residents also of Silver Bluff and they've been trying to get information regarding two projects in the area. I would like -- Chairman Sanchez: Why isn't it on the agenda? Commissioner Regalado: Huh? Chairman Sanchez: It's on the agenda? Commissioner Regalado: It's not in the agenda. I'm just trying -- because this is a thing that has been ongoing. I just make a simple motion, ifI can, to direct the Administration to respond all the issues presented by the residents on these two projects within the next five working days, not counting Monday, which is a holiday, so that will be a motion. Vice Chairman Gonzalez: Second. Commissioner Allen: Second. Chairman Sanchez: All right. There's a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay" NA.8 05-00538 DISCUSSION ITEM Direction to Administration by Commissioner Regalado to beware that, on City ofMiami Page 275 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 June 1, Miami -Dade County is going to begin selling liens of properties that are delinquent in tax payments, which include City -owned property in Grove Harbour, which owes $600,000 in back taxes, as well as property on Mary Street, in Coconut Grove, which owes $16,000 in back taxes. DISCUSSED Commissioner Regalado: And a reminder for the Administration, not for Planning, but somebody in the Administration -- hey, Otto is here -- June 1, they're going to start selling the liens of property that own taxes in Miami -Dade County. They're going to try to sell two properties of the City ofMiami; one here that owes $600 -- $600, 000 in taxes, and another one in Mary Street, in Coconut Grove, owned by the City ofMiami, owes $16, 000. Chairman Sanchez: (INAUDIBLE) the property? Commissioner Regalado: The one that they going to sell is Grove Harbor, and one in Mary Street. Chairman Sanchez: All right. Commissioner Winton: Grove Harbor? Chairman Sanchez: All right. Commissioner Allen: The City? Commissioner Regalado: The City is not paying taxes since 203 [sic]. NA.9 05-00528 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION OPPOSING MIAMI-DADE COUNTY'S ("COUNTY") PROPOSED AMENDMENT TO CHAPTER 33E OF THE COUNTY CODE AND THE MIAMI-DADE ROAD IMPACT FEE MANUAL, PERTAINING TO ROAD IMPACT FEE DISTRICTS ("DISTRICTS"), REDUCING THE NUMBER OF DISTRICTS FROM NINE TO THREE; FURTHER REQUESTING THE COUNTY TO DEFER PRESENTING THIS ITEM AT THE INFRASTRUCTURE AND LAND USE COMMITTEE MEETING, TENTATIVELY SCHEDULED FOR JUNE 14, 2005, UNTIL THE CITY OF MIAMI ("CITY") IS ABLE TO MEET WITH THE COUNTY COMMISSIONERS TO DISCUSS THE DISTRICTS AND THE IMPACT OF THE PROPOSED CHANGES FOR THE CITY; FURTHER DIRECTING THAT A COPY OF THIS RESOLUTION BE DISTRIBUTED TO THE COUNTY COMMISSIONERS REPRESENTING THE CITY AND THAT A COPY ALSO BE SENT TO THE LEAGUE OF CITIES FOR DISTRIBUTION. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez R-05-0358 Direction to Administration by Commissioner Regalado to make audio/visual copies of today's proceedings related to this item for Alicia Cuervo Schreiber and City Manager Joe Arriola. City ofMiami Page 276 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Winton: Where is -- is Alicia here? Ana Gelabert (Director, Planning and Zoning): Alicia had to go. Commissioner Winton: Is Mary here? Is anyone here on this County Commission item? Let me see ifI can -- Gelabert: Orlando's going to check -- Commissioner Winton: -- walk you -- Ms. Gelabert: -- from here. Commissioner Winton: I'm sorry? Ms. Gelabert: They're going to check on the back. Commissioner Winton: OK, good. Let me see ifI can walk you all through this. Something very bad is about to happen to us, and it's another present from Miami -Dade County. Ms. Gelabert: Excuse, Commissioner Winton, I was told that, no, there's no one on back. Commissioner Regalado: OK Tell you what we're going to do, we are going to ask anybody from the Administration to make VCR -- a copy -- several copies of VCR of this part of the City Commission, and give it to Alicia Cuervo and the City Manager tomorrow morning. They can do that; it's very easy. It's not the whole Commission meeting, just this, so you know, they know what we are talking about, and if there is any motion, then we'll -- they'll know, and the City Clerk will record that, so go ahead, Commissioner Winton. Commissioner Winton: The issue here is road impact fees, and I think you all know that the current -- in the County, the County has seven or eight zones that impact fee money has to go into; so if we're in the City ofMiami, ours is in some zone where a very significant portion of the money can go outside the City ofMiami anyhow, and does, because they return none to us, by the way. The County is proposing to create three zones now, instead of having the seven or eight that are currently in place, three zones, and they're taking the City ofMiami, and part of the City is in each one of those. We'll be in three damn zones, which covers the entire county. That means that, without the blink of an eye, every single dime in road impact fee money that the developers are paying in our City, where the impact of traffic is dramatic, can go anywhere else in the County, and will. This is awful public policy. Our district currently is Miami, Miami Shores, and El Portal, so you know, we can live with that. That's -- you know, that's close enough and neighborly enough, but now then, literally, if you look at the map, it could go to Florida City; it could go to the Everglades, past Doral, to Krome Avenue; it can go to the northern limits ofMiami-Dade County, and so this is a very, very bad move on the part of the County, and it's another in this long line of "let's do whatever we've got to do in the County, and to hell with municipal government." I'm sorry that everyone isn't here, and it's too bad somebody isn't here from management because I think we need to take some action that will block this. Whatl don't know here is whether or not -- this is coming up on an agenda item for the County, but don't know when. Commissioner Regalado: Johnny. Commissioner Winton: Yes, sir. Commissioner Regalado: Otto is there. Otto can -- City ofMiami Page 277 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Otto Boudet-Murias: Commissioner, Otto Boudet, with the City Manager's Office. The --I believe the item comes before a County Committee meeting next week. I believe it's Tuesday. Alicia's the one that did the research. This issue came up on a printed agenda yesterday; she did the research today, and that's the information that you have before you. Commissioner Winton: I think, at minimum, we should pass a resolution tonight that goes -- and we ought to think about where it goes, but it ought to go to the -- it ought to be directed to the County, some body, I don't know if it's the Commission, or whomever; it ought to go to the League of Cities because all of the municipalities ought to be put on notice here, and our resolution should be in opposition to the County's plan for consolidating the road impact fee districts into three that will allow them to literally spend all of our money anywhere they want in the County. Commissioner Allen: All right. Do you have something in writing? I mean, I don't have the -- Commissioner Winton: No, I -- Commissioner Allen: --I haven't seen it. Commissioner Winton: -- have a little map here, but -- and there's some -- Commissioner Regalado: OK, ifI were you, I'll make the resolution directed to the Chairman of the County Commission, and then copy to all the other Commissioners that do represent the City ofMiami, which, by the way, we have about five -- Commissioner Winton: Right. Commissioner Regalado: -- in the County Commission. Commissioner Winton: That's a good idea. Commissioner Allen: Right. Commissioner Winton: And to the League of Cities? Commissioner Regalado: And to the -- Commissioner Winton: Could we do that? Commissioner Regalado: And the League of Cities, butt mean, this is urgent because -- Commissioner Winton: Yes. Commissioner Regalado: -- it's going to committee -- when it goes to committee, it goes to the next Commission meeting, so it will -- if it goes to committee on Tuesday, which is the 31 st, it will go to the next available County Commission, which will be in June. Mr. Boudet-Murias: Correct. Commissioner Winton: So we need -- our resolution needs to include the directive that it has to get in their hands by tomorrow. Yeah, by Monday. Commissioner Regalado: Monday is a holiday. Commissioner Allen: Holiday. City ofMiami Page 278 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Vice Chairman Gonzalez: Monday's a holiday. Commissioner Winton: Oh, dear, so it needs to go tomorrow. It needs to go tomorrow. Commissioner Allen: OK, so -- Commissioner Winton: When's the committee meeting, did you say? Commissioner Regalado: Tuesday. Mr. Boudet-Murias: I believe it's on Tuesday. Commissioner Winton: Oh, yeah, so it has to tomorrow. We don't have any choice in this. Commissioner Allen: So -- Commissioner Winton: It has to go tomorrow, so that would be -- Commissioner Allen: What are you -- we're going to draft something? Again, what are we doing? Commissioner Winton: I'm sorry? Commissioner Allen: Could you reiterate it again? Commissioner Winton: Yes. Commissioner Allen: You wanted us -- Commissioner Winton: The motion would be from the City ofMiami Commission opposing the County's new plan for consolidating impact fee zones, period. Commissioner Allen: I second the motion, Commissioner Winton. Maria J. Chiaro (Assistant City Attorney): If such consolidation further divests money from use in the City ofMiami, so if the City ofMiami, for instance, were its own zone, that wouldn't -- you wouldn't object it, so it's the present proposed three districts that you oppose. Commissioner Winton: Yes. Commissioner Allen: Yeah. Commissioner Regalado: And probably -- Commissioner Winton: That allow the County -- Commissioner Regalado: -- asking a deferral, so City staff or City Commissioners designated could go and meet with the members of the committee because they're not going to give us a full-fledged presentation before the whole County Commission, so it would be nice to ask for a deferral of this item to be heard on this committee for the next month until the City is -- has the time to go before this committee. Commissioner Winton: OK. City ofMiami Page 279 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Allen: OK. Fair enough. I second the amended motion, as well. Ms. Chiaro: I will draft the resolution and -- by tomorrow, and circulate it before noon so that - - I believe I understand what the Commission has acted on, and -- Commissioner Winton: Great. Ms. Chiaro: -- then any of you can give me some input before it moves to being -- Commissioner Regalado: No, I mean -- Ms. Chiaro: -- transmitted to the County. Commissioner Regalado: -- he's saying -- he said that we want to go on record that we oppose this proposed change. Commissioner Allen: Correct. Commissioner Regalado: And I asked him, maybe he wanted to included, say well, we ask for a deferral, so the City can go before this committee, which will be the Transportation Committee, probably? Mr. Boudet Murias: I'm not certain. Commissioner Regalado: If it's the Transportation Committee, it's chaired by Carlos Gimenez. Mr. Bouder Murias: Correct. Commissioner Regalado: So -- but if it's the facilities or -- I mean, the capital improvement, it will be chair by Natasha Seijas, Commissioner Natasha Seijas, I think, so either of them. Just ask for a deferral, you know, and ask for opportunity to go before this committee before it hits the County -- Commissioner Winton: The County. Commissioner Regalado: -- Commission because we're not going to get a public hearing before the County Commission. They're not going to -- Commissioner Allen: Correct. Commissioner Regalado: -- do it for us, I'm sure, but -- in the committee, we can probably, you know, you and Commissioner Winton, anybody, could go there. Mr. Boudet Murias: In addition, I just wanted to add that I believe there's a League of Cities meeting next week. Alicia did intend on attending that meeting to let -- Commissioner Winton: Oh, good. Mr. Boudet Murias: -- other cities -- Commissioner Winton: OK. Mr. Boudet Murias: -- become aware of this issue. Commissioner Winton: Great. City ofMiami Page 280 Printed on 6/10/2005 City Commission Meeting Minutes May 26, 2005 Commissioner Allen: OK, so therefore, Mr. Chairman, there will be no need to circulate any documents. We're just going to go with -- Commissioner Winton: You got the -- Commissioner Allen: -- what was proffered by Commissioner Regalado. Commissioner Winton: Yeah, it's a two-part message. Commissioner Allen: Right. Ms. Chiaro: Based on the record, I will prepare the resolution. Commissioner Winton: Great. Commissioner Allen: Great. Commissioner Winton: OK. Commissioner Allen: Thank you. Commissioner Regalado: OK -- Commissioner Winton: We need to vote. Commissioner Regalado: -- we have a motion -- 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 have the same right. Motion carries. Commissioner Allen: I make a motion to adjourn for the night. Vice Chairman Gonzalez: Are we done? Priscilla A. Thompson (City Clerk): Yes, sir. Vice Chairman Gonzalez: Do we have any pocket items? Ms. Thompson: Pocket items. Commissioner Winton: Nope. Vice Chairman Gonzalez: No? We have a motion to adjourn. Commissioner Allen: Adjourn. Commissioner Winton: Thank you. Vice Chairman Gonzalez: Goodnight. City ofMiami Page 281 Printed on 6/10/2005