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HomeMy WebLinkAboutCC 2005-06-23 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Meeting Minutes Thursday, June 23, 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 June 23, 2005 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEMS The minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later..]" refers to discussions that were interrupted and later continued. 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Gonzalez, Commissioner Winton, Chairman Sanchez, Commissioner Regalado and Commissioner Allen On the 23rd day of June 2005, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chairman Joe Sanchez at 9:34 a.m., recessed at 12:41 p.m., reconvened at 3:44 p.m., recessed at 3:56 to convene a meeting of the Community Redevelopment Agency, reconvened at 3:59 p. m., recessed at 4:15 p. m., reconvened at 5:06 p. m. and adjourned at 6:45 p.m. Note for the Record: Vice Chairman Gonzalez entered the meeting at 9:36 a.m. Commissioner Allen entered the meeting at 9: 42 a.m. ALSO PRESENT: Joe Arriola, City Manager Jorge L. Fernandez, City Attorney City of Miami Page 2 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Sylvia Scheider, Assistant City Clerk Chairman Sanchez: Having said that, well go to the invocation and the pledge of allegiance, followed by presentations and proclamations. Today, we have several presentations that are being made by the Mayor and Commissioner Regalado, so please stand up and join me in invocation before we go into the pledge of allegiance. Prayer and pledge. PRESENTATIONS AND PROCLAMATIONS PR.1 05-00585 CEREMONIAL ITEM Name of Honoree Presenter Protocol Item John M. Bulger Commissioner Regalado Proclamation MAYORAL VETOES 05-00585-cover page.pdf 05-00585-protocol. pdf 1. Mayor Diaz recognized Ingeniero Yamel Romero, Mayor of Arequipa, Peru. 2. Mayor Diaz presented Fire Chief Virgil Fernandez with a commendation for outstanding service. 3. Mayor Diaz presented Alexis and Armando Joseph Bucelo with salutes for writing "Children of the Towers, " a manuscript honoring the victims of 9/11. 4. Commissioner Regalado presented John M Bulger with a proclamation for his service to the community as director of the Immigration and Naturalization Services in Miami. Chairman Sanchez: Before we go to the presentation and proclamation, any item that is deferred will roll over into the next PZ (planning & zoning) agenda. That is something standard that we do to try to keep order as we go through the Commission meeting. At this time, I'd like to pass the gavel and the mike to the Mayor, Manny Diaz, for recognition of some dignitary visitors that are here, and also for presentation of proclamations and awards. Presentations made. NO MAYORAL VETOES Chairman Sanchez: At this time, there are no mayoral vetoes. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Planning and Zoning Meeting of May 26, 2005 Motion by Commissioner Regalado, seconded by Commissioner Allen, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: 1 do believe we need a motion approving the minutes of the following meetings, and that was the Planning & Zoning meeting of May 26, 205 [sic]. Do we have a motion? City of Miami Page 3 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Regalado: Move it. Commissioner Allen: Second, Mr. Chairman. Chairman Sanchez: There's a motion by Commissioner Regalado, second by Commissioner Allen. 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. ORDER OF THE DAY A motion was made by Commissioner Allen, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Winton absent, to recess the regular Commission meeting to convene the Community Redevelopment Agency (CRA) meeting. Chairman Sanchez: Welcome to City Hall. City of Miami Commission meeting is being called to order here at 3500 Pan American Drive, Miami, Florida, our beautiful historical City Hall. Those present today are Mayor Manny Diaz, Chairman, myself Joe Sanchez, Commissioner Johnny Winton, Commissioner Tomas Regalado, Commissioner Jeffery Allen; City Manager, Joe Arriola, City Clerk, Priscilla Thompson, City Attorney, Jorge Fernandez. This is a planning and zoning meeting. Well, the order of the day today, we have a regular meeting, and then we go to planning and zoning. Just -- the following items have been moved to 5 o'clock: that's DI.1, which is time certain requested by the residents. Also, PZ.29 has also been moved to 5 p.m.; PZ2, 3, 16, 21, 22 and 23, Commissioner Winton wants to be present, and that is pending an MPO (Metropolitan Planning Organization) meeting this afternoon, and also PZ 8, 9, and 11 will be heard after lunch, so we set the order of the day. [Later...] Chairman Sanchez: Once again, let me just state that Item DI. 1 and PZ.29, which is the Adults Living Facility, is time certain for 5 o'clock. If anyone's here, that item will be brought up at 5 o'clock, at the request of the residents. Thank you. [Later... Vice Chairman Gonzalez: You want to take pocket items now, or you'll do it later? Chairman Sanchez: No. We'll take pocket items later. I believe all the rest of the PZ (Planning and Zoning) items have been withdrawn. Commissioner Allen: Yes. Chairman Sanchez: So, at this time -- Commissioner Winton: 29, right? Chairman Sanchez: -- what we want to do -- Commissioner Winton: Isn't there still PZ.29? Unidentified Speaker: PZ.29 for 5 o'clock. City of Miami Page 4 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Allen: That's 5 o'clock certain. Commissioner Winton: Oh, that's -- I'm sorry. Commissioner Allen: That's time certain. Chairman Sanchez: PZ20 -- I'm trying to keep an order here of what we've got. Commissioner Winton: I'm trying to get you out of order, though. Chairman Sanchez: So what I want to do is, I believe that we have CRA (Community Redevelopment Agency), which will be very, very brief Then we have four PZ items, which are noncontroversial, so let's say we could get them done in half an hour. If we come back at 3:30, we could even take a recess before the 5 o'clock time certain ALF (Adult Living Facility) meeting that we have already scheduled for the residents to be here, and I think we've had a very productive meeting, you know, since we started off a little rough this morning. I guess, you know, some people here had maybe too much coffee, but -- All right. Commissioner Allen: Mr. Chairman, one quick question. I know Lourdes mentioned something earlier about a 2:30 time certain. Does that -- Chairman Sanchez: Well, whatever -- Commissioner Allen: Do we have anything 2:30 time -- Commissioner Winton: No, it's not a time certain. It just says -- Chairman Sanchez: It's not a time certain. Commissioner Winton: -- that's what time we start. Chairman Sanchez: It's that we just want to -- Commissioner Allen: OK, fair enough. That's why -- I just wanted -- Chairman Sanchez: We've gone through -- Commissioner Winton: We're just a little -- we're a little late. Chairman Sanchez: We've gone so fast through the agenda -- Commissioner Winton: We're a little late. Commissioner Allen: Yeah, OK. Chairman Sanchez: -- that we just have to come back at five, so I'm trying to -- Commissioner Allen: Right. Chairman Sanchez: -- squeeze it in so I give you -- Commissioner Allen: Got you. Chairman Sanchez: -- as much time recess as possible for you to get ready for the five o'clock meeting. Having said that, the City of Miami Commission -- City of Miami Page 5 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Allen: 1 make a motion to -- Chairman Sanchez: -- stands in recess. Jorge L. Fernandez (City Attorney): Until 3 o'clock. Chairman Sanchez: -- 'al 3: 30. [Later..] Chairman Sanchez: (INAUDIBLE) time certain, one item at 5 o'clock, and that's pertaining to the ALF discussion -- settlement discussion. We also have five remaining PZ items: PZ 8, 9, 11, 12, and 29. City of Miami Page 6 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 CA.1 05-00542 Department of Purchasing CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF SECURE DATA STORAGE, RECEIVED ON APRIL 18, 2005, PURSUANT TO INVITATION FOR BIDS NO. 04-05-033, FOR THE PROVISION OF COMMERCIAL RECORDS MANAGEMENT SERVICES, FOR THE OFFICE OF THE CITY CLERK, TO BE UTILIZED CITYWIDE BY VARIOUS USER DEPARTMENTS AND AGENCIES, ON AN AS -NEEDED CONTRACT BASIS, FOR AN INITIAL TWO (2) YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED $140,000, FOR A TOTAL ESTIMATED AMOUNT NOT TO EXCEED $560,000; ALLOCATING FUNDS FROM THE CURRENT FISCAL YEAR'S GENERAL OPERATING BUDGETS AND GRANTS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL AT THE TIME OF NEED. 05-00542-resol ution. pdf 05-00542-summary form.pdf 05-00542-award form.pdf 05-00542-award sheet.pdf 05-00542-tabulation form.pdf 05-00542-bid security list.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen CA.2 05-00543 Department of Parks and Recreation R-05-0398 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "PROGRAMS FOR THE DEVELOPMENTALLY DISABLED, 2005 -2006" AND APPROPRIATING FUNDS FOR ITS OPERATION IN THE TOTAL AMOUNT OF $237,396, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, MEDICAID PROGRAM DEVELOPMENT, TO FUND PROGRAMS FOR THE DEVELOPMENTALLY DISABLED, WHICH ARE ADMINISTERED BY THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION THROUGH ITS PROGRAMS FOR PERSONS WITH DISABILITIES, DURING THE PERIOD OF JULY 1, 2005 THROUGH JUNE 30, 2006; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 05-00543-resolution. pdf 05-00543-summary form.pdf 05-00543-developmental services contract. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen City of Miami Page 7 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 CA.3 05-00544 Department of Economic Development R-05-0399 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE, DISCHARGE AND WAIVER OF REVERTER ("REVERTER RELEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR A PORTION OF NORTHEAST 20TH STREET FROM MARGARET PACE PARK WEST TO BISCAYNE BOULEVARD, MIAMI, FLORIDA, AS MORE LEGALLY DESCRIBED IN THE ATTACHED REVERTER RELEASE, IN CONNECTION WITH THE DEVELOPMENT OF A PROJECT IN THE OMNI COMMUNITY REDEVELOPMENT AREA. 05-00544-resolution.pdf 05-00544-exhibitl .pdf 05-00544-exh i bitA. pdf 05-00544-summary form.pdf 05-00544-pre resolution.pdf 05-00544-quit claim deed.pdf 05-00544-quit claim deed A.pdf 05-00544-quit claim deed B.pdf 05-00544-building certificate 1pdf 05-00544-building certificate 2.pdf 05-00544-building certificate 3pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen CA.4 05-00545 Department of Finance R-05-0400 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI DEBT MANAGEMENT POLICY ("DEBT POLICY"), ATTACHED AND INCORPORATED; DIRECTING THE CITY MANAGER TO IMPLEMENT THE AMENDED DEBT POLICY. 05-00545-resolution .pdf 05-00545-exh ibitA. pdf 05-00545-exh ibitl .pdf 05-00545-exh i b it2. pdf 05-00545-exh ibit3. pdf 05-00545-summary form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen CA.5 05-00535 Office of the City Attorney R-05-0401 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY VIVIANA DIAZ, WITHOUT ADMISSION OF City of Miami Page 8 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 LIABILITY, THE SUM OF $39,500 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF VIVIANA DIAZ VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 04-14917 CA (05), 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. 515001.624401.6340.65319. 05-00535-resolution. pdf 05-00535-cover memo. pdf 05-00535-budget.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0402 CA.6 05-00569 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY, IN AN AMOUNT NOT TO EXCEED $75,000, FOR REPLANTING, REFORESTING AND/OR REPLACING OF TREES THAT WERE DAMAGED AND/OR DESTROYED IN THE LITTLE HAITI SECTION OF THE CITY OF MIAMI DUE TO HURRICANES FRANCES AND JEANNE ("TREE PROJECT"); AUTHORIZING THE ALLOCATION OF REQUIRED MATCHING FUNDS FOR TWENTY-FIVE PERCENT (25%) OF THE TREE PROJECT, IN AN AMOUNT NOT TO EXCEED $18,750, FROM THE PUBLIC WORKS GENERAL ACCOUNT NO. 001000.311003.6.340; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, FOR SUBMISSION OF SAID GRANT APPLICATION, SUBJECT TO THE TERMS AND CONDITIONS OF SAID GRANT APPLICATION. 05-00569-resolution.pdf 05-00569-exhibit. pdf 05-00569-exhibit A.pdf 05-00569-exhibit B.pdf 05-00569-exhibit C.pdf 05-00569-exhibit D.pdf 05-00569-exhibit E.pdf 05-00569-exhibit F.pdf 05-00569-exhibit G.pdf 05-00569-exhibit H.pdf 05-00569-exhibit I.pdf 05-00569-exhibit C2.pdf 05-00569-exhibit J.pdf 05-00569-summary form.pdf City of Miami Page 9 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0403 Direction to the City Manager by Commissioner Allen to use funding already in place for tree placement to proceed to replant, reforest and/or replace trees that were damaged or destroyed in the Little Haiti section due to hurricanes Frances and Jeanne; further to provide a report by the next Commission meeting identing account(s) where funds can be advanced for this purpose while still pursuing proposed grant. A motion was made by Commissioner Allen, seconded by Commissioner Winton, and was passed unanimously, with Vice Chairman Gonzalez absent, directing the City Manager to come back within 30 days with a report of alternate funding available to expedite and complete the reforesting of Little Haiti Project in a timely manner. Chairman Sanchez: Now, we pull CA.6 for discussion. Commissioner Allen, you're recognized Commissioner Allen: Yes. Thank you, Mr. Chairman. This is a concern of mine. It's a pretty basic question. Is Public Works before -- OK, great. I guess my question here is that, I note here that this, on its face, what seem to be pretty innocuous, we're applying for a grant to, if you will, defray an existing situation where trees have been disrupted by virtue of the hurricanes, the previous hurricanes, but I guess my question to you is is that why don't we have, if you will, a reserve fund or some sort of sinking fund to prepare for these types of things, because this is a foreseeable event? Why do we have to go to the State for a grant? Do we not have money allocated from Public Works, or perhaps, CIP (Capital Improvement Projects) to address this issue, as opposed to these individuals waiting for a length of time, because the grant process has its own timelines in and of itself? It just seems to me, logically speaking, that a hurricane is a foreseeable incident; you will have down trees; therefore, there should be some reserve or sinking fund, if you will, to address these foreseeable issues, and it just appears to me that we're trying to, if you will, have this particular issue addressed by going for a grant, when I don't get the scheme of things here; that's why I need -- I mean, if you could explain it to me, please. Commissioner Winton: I'll take the grant. Send it over here. Chairman Sanchez: All right. Stephanie. Oh, I'm sorry. Commissioner Allen: Is it -- Chairman Sanchez: It's on now. Stephanie Grindell: Stephanie Grindell, director of Public Works. What I can say is that the intent of applying for the grant is to maximize the money that we already have. In the Public Works Department, we are prepared to replace routine trees that either fall over, or are diseased, or that sort of thing. Commissioner Allen: So, we do have a fund prepared -- a reserve fund -- Ms. Grindell: Yes. Commissioner Allen: -- or a sinking fund? Ballpark figure? Commissioner Winton: Not a sinking fund City of Miami Page 10 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Ms. Grindell: Well, I have -- usually, I have about $30, 000 a year. Commissioner Allen: Oh, $30, 000 a year. Ms. Grindell: Um-hmm. Commissioner Allen: OK, so when you look at this particular situation, 30,000 would not cover the full replacement of this, because -- Ms. Grindell: Correct. Commissioner Allen: -- the numbers do exceed $30, 000. Ms. Grindell: This is more than the ordinary amount of trees that we would replace. This is to - -specifically, the last hurricane season, where we had a significant amount of damage compared to what we normally experience. Commissioner Allen: OK, because the reason why I'm asking, it seems to me, again -- just to reiterate, guys -- it seems to be pretty foreseeable, we do have inclement weather from time to time; obviously, trees would go down, so we don't have a mechanism in place, if you will, again, a sinking fund or reserve fund to address these foreseeable issues? I mean, you gather what I'm saying? Because it's going to occur even going forth, so if it happens in any of my other fellow Commissioners' district, do they also have to apply for a grant, as well, or -- ? Commissioner Winton: Yep. Ms. Grindell: No, we do have a portion of our general operating expense money; it's used for -- Commissioner Allen: Right. Ms. Grindell: -- replacement of trees. Commissioner Allen: Right, so why couldn't we -- Ms. Grindell: Either by our own staff or by -- Commissioner Allen: Yeah, so why couldn't we go to that operating expense and address this issue in an immediate fashion, as opposed to going and applying for a grant? Joe Arriola (City Manager): Commissioner, Commissioner. Commissioner Allen: I'm confused. Mr. Arriola: Yes, you are. This -- all we're doing is applying -- Commissioner Allen: Well, I hope you mean that just jokingly, of course (UNINTELLIGIBLE), but go ahead. Mr. Arriola: No, you are confused, because all we're doing is submitting an application for a grant to get a grant for more trees. This is not -- Commissioner Allen: Yeah, but I think you're -- Mr. Arriola: -- part of the budget. City of Miami Page I Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Allen: -- confused, Mr. City Manager, as well. Mr. Arriola: I mean, this is like -- I would say that every one of these Commissioners would be delighted if I would be submitting grants for their district -- Commissioner Allen: Right. Mr. Arriola: -- to get more trees in the future. Commissioner Allen: Yeah, but -- Mr. Arriola: That's all it is, it's just -- Commissioner Allen: Right. Mr. Arriola: -- submittal of a grant. Commissioner Allen: Right. Assistant City Manager, 1 think you're confused. You're mis -- Mr. Arriola: No, I'm not confused. Commissioner Allen: -- misinterpreting my issues. Mr. Arriola: I know exactly -- yes. Commissioner Allen: My issue has nothing to do with the grant, sir. The question -- Mr. Arriola: So we're done with -- but you're discussing the grant. That's what you brought up, to discuss the grant. Commissioner Winton: But -- Chairman Sanchez: All right, all right. Commissioner Allen: Mr. City Manager -- Chairman Sanchez: Hello. Commissioner Allen: -- I think I speak perfectly clear -- Chairman Sanchez: It's a little early in the morning. Commissioner Allen: -- English -- Mr. Arriola: I don't think so. Commissioner Allen: -- OK, sir? Now, to that end, the issue is not with the grant. The question is, do we not have reserve funds or a sinking fund, if you will, to address these foreseeable issues? My question is, why does it have to be based on going to secure a grant? Should we have a mechanism in place, either CIP, Public Works, to address these foreseeable issues? Because if these constituents call in and they're wondering why has this been taking so long; this thing took place last year. They're calling my office. Why hasn't anyone done anything? My question would be is to call either one of you guys offices, and the City Manager, and says "Where is the money for this?" Then you guys would tell me, then I have to tell my constituents, City of Miami Page 12 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 "Well, we got to apply for a grant to address this issue." That doesn't seem logical, when, in fact, here's a city of this size, this magnitude, with the type of reserves that I know that we have, and this isn't a line item that should be done with immediately, so that's my concern; it has nothing to do with a grant. You can still apply for a grant, get the money. My concern is, why isn't this addressed? Why does it have to be delayed? These constituents are calling me saying this stuff should have been taken care of long time ago, so please, Mr. City Manager, interpret my question correctly, OK? Mr. Arriola: The -- I interpret everything correctly. The issue here is, we have a grant application; we need a grant; we're going to apply for a grant to get more trees, end of story. Commissioner Allen: I understand -- Mr. Arriola: And are you trying to bring out the CIP. We have replacement. We have everything in place. This is just to get more. Commissioner Allen: Well, I understand Mr. Arriola: And that's why we asked for a grant. Commissioner Allen: OK, Mr. City Manager, I understand, so therefore, why can't we use the existing funds now -- and CIP, according to your statement -- to address this issue now? Why, when these constituents have to call me and say this has been going on for an awful long time? Mr. Arriola: You know what, I've been here three years and I've never been called. Commissioner Allen: I'm saying -- Mr. Arriola: You know what, and you have never talked to me about this issue. Commissioner Allen: Wait. Chairman Sanchez: Commissioner Allen. Commissioner Allen: Mr. City Manager -- Chairman Sanchez .• Commissioner Allen. Commissioner Allen: -- I'm telling you, the constituents are calling my office -- Chairman Sanchez: Commissioner Allen. Mr. Arriola: Well, they haven't called me, and -- Commissioner Allen: -- wondering. Mr. Arriola: -- you haven't called me, so that's the only place you can get it. Commissioner Allen: Well -- Chairman Sanchez: Commissioner Allen, would you yield, please? Commissioner Allen: OK, so -- Chairman Sanchez: Commissioner Allen, would -- City of Miami Page 13 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Allen: Yes, sir. Chairman Sanchez: -- you yield for just a minute -- Commissioner Allen: Sure. Chairman Sanchez: -- please? I'm going to ask the City Manager, I'm going to ask the Commissioners to please respect this legislative body. We could debate this all day, as long as it's done in a very respectful manner, and we don't let our emotions get ourselves involved in and overtake our intellectual. I think that we could accomplish this very clearly. You have asked a very important question, and that question should be addressed by the City staff pertaining as to why is it that you are -- we're asking for a grant, and why wasn't the money allocated for the trees in the first place. You have been called by your constituents; it is your responsibility to address that question, and I think that that response, as the Chair, should come through the Administration as to why this process have been taken, but I'll tell you what I cannot allow so early in the morning, is to get these meetings, you know, out of order and have, you know, these heated debates so early in the morning, where we shouldn't be debating this in such a -- not to the point of disrespect, but from the public's point of view, this is not the way this legislative body should be acting, so please, City staff City Commissioners, with all due respect, let's respect each other; let's ask questions, and it is the responsibility of this City Administration, this City staff to answer those questions. Please, could you continue? Commissioner Allen: Now, if I could -- and I -- Chairman Sanchez: 1 think she's going to answer you question as to why. Commissioner Allen: Oh, sure. Ms. Grindell: OK. The Public Works Department typically has a $30, 000 contract where -- under which we purchase trees, and have them installed. Now, we also have our operation staff, which is funded by our general expense money, and we routinely go to various locations around the city and plant trees. We purchase the trees and plant them ourselves, so we -- we're working on a general greening of the whole city, but most of the money that we have available is for replacement of trees. Now, in this particular case, had not 200 trees been damaged, we would have been able to replace them very quickly, but this is a significant amount of trees. It's more than what we're normally accustomed to, so although we could go through and plant -- you know, replace some of the trees, we don't have the money to replace all of the trees. Commissioner Allen: Right, right, I agree, so to that end, there is money allocated to begin this process, as opposed to waiting until we receive a grant, which has another timeline -- Ms. Grindell: Correct. Commissioner Allen: -- imposed in and of itself? Ms. Grindell: Correct. Commissioner Allen: So, 1 can get an assurance from you that the current money that we have now -- because this is a foreseeable event -- Ms. Grindell: Um-hmm. Commissioner Allen: -- that we will use money now to start the process of replacing these particular trees? Has nothing to do with the grant. Understand, I have no issues with the grant. City of Miami Page 14 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 1 have an issue in terms of how this has taken place; why should these guys just rely on a grant before their work has begun? This is a foreseeable event. The Department should have a line item to address these foreseeable events, and you have just stated on the record there is money, if you will, a sinking fund, a reserve fund, to address these issues; that's my concern, so 1 can get assurance to you, I can convey to my constituents that you do have "X" amount of dollars now to start the replacement of these trees. Ms. Grindell: Correct. Commissioner Allen: However, what you're also saying is it will be contingent upon -- in furtherance of completion of these trees -- Ms. Grindell: Correct. Commissioner Allen: -- the grant will fulfill that balance? Ms. Grindell: Correct. Commissioner Allen: So, to that end, how much money, or what percentage of the total cost here --1 believe it's $93, 000 -- what available amount of monies do we have right now to get this start ASAP (as soon as possible) -- Ms. Grindell: I have -- Commissioner Allen: -- if you will? Ms. Grindell: -- the match available right now. Commissioner Allen: Pardon me? Ms. Grindell: I have the match available right now. Commissioner Allen: OK, so that match you have is roughly what, 18,000? Ms. Grindell: 18,000. Commissioner Allen: OK, so that can be used at this point, so there's no other available money right now that can be used -- we can't go to any other department, CIP or anything of that nature, to get additional monies to get this kicked off in furtherance of what you're accomplishing? Commissioner Winton: You don't need anything else. Ms. Grindell: That's actually enough money to get it kicked off. Commissioner Allen: All right, but there -- Commissioner Winton: You have -- Commissioner Allen: That'll get us halfway, or to what percent of the -- Commissioner Winton: Get you all the way. Commissioner Allen: -- replacement of trees? City of Miami Page 15 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Ms. Grindell: Twenty percent. Commissioner Allen: Twenty percent of the trees. Twenty percent (UNINTELLIGIBLE), right, and so, therefore, the balance of this will have to be contingent on when they receive the grant, so I need to tell these constituents -- Ms. Grindell: Or I can also accommodate some of it in the next fiscal year's budget. Commissioner Allen: Pardon me, the next fiscal year budget? Ms. Grindell: Yes. Yes, because it comes from my general operating fund. Commissioner Allen: Right, so let me ask you, just based on your experience, Public Works, so there's no way we can find any money from any other area within the city to fully cover this, and then, of course, we use that money, and then, when we get the grant, we just replace that money from the grant back into the fund in which we -- the account in which we pulled money from? Ms. Grindell: I mean, 1 can work with some of the other departments to -- Commissioner Allen: Pardon me? Ms. Grindell: 1 could work with some of the other departments to see if that could happen, but 1 can't answer that. I don't know. Commissioner Allen: Mr. City Manager, may -- does the City Manager have to weigh in on this? Does the City Manager have to weigh -- she's turned to you. I just gave her a proposal that, perhaps, we can find some monies from a particular account; use that money to complete this process right now. When we get that grant going forward, we can then take those grant monies and replace it back into the account in which we've taken the money out of Mr. Arriola: We'll look into it. Commissioner Allen: OK. When you say "We'll look into it, " what kind of assurance -- that's pretty generic. Mr. Arriola: You don't have insurance [sic]. Commissioner Allen: Is there a timeline on this? You know, is it a possibility? Mr. Arriola: You know, you're asking me right now, do I have the money? Ms. Grindell: You have an assurance that we can -- Mr. Arriola: I'm telling you, I'm going to look into it. Commissioner Allen: Is it a possibility? Ms. Grindell: -- that we have the $18, 000 to start now. Commissioner Allen: Mr. Manager, I don't -- Chairman Sanchez: All right. One person at a time. Commissioner Allen: -- mean to get into a debate. I'm asking a basic, simple question. You said we'll look into it, but give me more -- some more specifics and mechanics to that. What's the City of Miami Page 16 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 timeline on that -- Mr. Arriola: The specific is that I'm going to look into it and I'll let you know, in the next week or two, if we have the money. Commissioner Allen: OK. Now -- Commissioner Winton: Mr. -- Chairman Sanchez: Wait, wait, wait. Commissioner Allen, you have the floor. Commissioner Allen: Right. If you tell me, within a week from now, we don't have the money, then, of course, then it'll be contingent on me to rely on a grant to fulfill this problem, correct? Mr. Arriola: That's right. Commissioner Allen: But, now, let me ask the City Manager, while we're here now, what sort of possibilities are you looking at? How do you go about that process? What accounts would you look at to find this money, if you will? Mr. Arriola: Commissioner, you've asked me to look into it. The City has several hundred accounts. 1 will look into all the accounts to find out if we have the money. If you had this question, all you had to do was ask me before the meeting, and I would have been delighted to look at it. Now, you're in the middle of a meeting; you want me to come up with some magic numbers. I've not got a magic number -- Commissioner Allen: Right, OK. Mr. Arriola: -- and 1 have no idea. Commissioner Allen: Mr. City Manager, I think you're -- Mr. Arriola: I have to look at it. Commissioner Allen: -- misrepresenting. You're trying to make it seem like I'm bamboozling you, sandbagging you. No, this is not a sandbagging issue. This is consent item -- Mr. Arriola: No, you can't sandbag me; don't worry about it. Commissioner Allen: -- which is discuss with all the various departments. My concern is why we don't have money, and 1 need to find out, mechanically, where can we get this money, and before we -- Mr. Arriola: It's obvious you -- that you have a -- don't have a great understanding of grants. Commissioner Allen: Sir, I have a good understanding of grant, OK, sir -- Mr. Arriola: No, you don't, because -- Commissioner Winton: Joe. Commissioner Allen: -- respectfully, and I don't think you should make personal attacks on me. We're here discussing a substantive issue. Mr. Arriola: It's easy. City of Miami Page 17 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Allen: I don't make personal attacks on you, so I suggest that you -- Mr. Arriola: OK. Commissioner Allen: -- refrain from that, as well, Mr. City Manager. Chairman Sanchez: All right. Mr. Arriola: Let me tell you how grants work. Grants (UNINTELLIGIBLE) -- Commissioner Allen: Sir, I know how grants work. Mr. Arriola: Obviously not, because I've got to explain it to you. Chairman Sanchez: OK, listen, I'm taking back the floor. Mr. City Manager, I'm taking the floor back. We need to either vote this down, or approve it, or Commissioner Allen can make a motion directing you to come back, at the next Commission meeting, with funding for the tree replacement of the park. I think that's the appropriate action to take here, because we want to continue this agenda and try to get it done today, so Commissioner Allen, what is your wish, sir? Commissioner Allen: My wish is, consistent with what you just said, Mr. Chairman, I would like to have that done within the next Commission meeting, make sure that the City Manager identifies an account where we can get this money; does not stop the grant from going forward, but I need to have this project completed within a timely fashion. I need to know to tell my constituents that, yes, you have a full amount of money to fully replace those trees, so within the next Commission meeting, I'd like to have a report from the City Manager to that end Chairman Sanchez: So, the motion on the floor -- Mr. Arriola: Mr. Chairman, can I explain something to you for a second, please? Chairman Sanchez: Wait, wait. Let's -- Mr. Arriola: Grants are very specific for a specific project. You get grants for a specific project, and you have to use the money for that specific project. If you're now going to take money from another account to do this job, you cannot take that grant money and use it for something else, so obviously, we don't understand -- Commissioner Allen: No. Mr. Arriola: -- the process. Commissioner Allen: No. Mr. -- Mr. Arriola: OK, so what you need to do is you need to -- Commissioner Allen: -- City Manager -- Mr. Arriola: -- apply for the grant, and use the monies as the grants are very specific -- this is not my doing; this is how it works. Commissioner Allen: Mr. City -- Mr. Arriola: It works very specifically. Now, if you're asking me, if we get this grant, can we City of Miami Page 18 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 borrow the money, I will look into using some other ways -- and if it's allowed -- that we could advance the grant money once the grant is granted. That, we probably can do, but for us -- Commissioner Allen: Well, that's the point, Mr. City Manager. I very well know what a grant does, OK. I know specific grants. That's what I'm getting at. That's the issue I think we should pursue, so that this thing can be done in a timely fashion for these constituents. Chairman Sanchez: And it's my understanding, Commissioner Allen, that you want to make sure that the project is not delayed because if the grant application for the project -- while we wait for the funds to come in, you don't want the project to be delayed; that is your main concern here. Commissioner Winton: But you can't do that. Chairman Sanchez: That is your concern, right? Commissioner Allen: 1 was distracted. Could you repeat that again, please? Chairman Sanchez: Your main concern here is that while the application for the grant is in place -- Commissioner Allen: Um-hmm. Chairman Sanchez: -- that you do not want to further delay the project, and you want -- Commissioner Allen: That's correct. Chairman Sanchez: -- assurance that, at the end of the day, when the project is done, you will have in that park the number and amount of trees that was allocated or projected in the plan. Commissioner Allen: Right. Chairman Sanchez: OK. Commissioner Allen: Because this is a foreseeable event, yeah. Chairman Sanchez: So, let's do something here, for the sake of harmony. I'm going to give the floor to Commissioner Winton, and then we're going to come back, and I think that we should move this consent agenda number 6, start the process, and then you need to put a motion in place directing the City Manager to look at any further funds that are available to be able to expedite and complete the project in a timely manner. I think that's the appropriate motion for you to present. I'm not saying what you should do. I'm just trying to get this item over with so we could get to the next item. Commissioner Allen: Yeah, I agree. I think Commissioner Winton was about weigh in or something. Chairman Sanchez: Yes, sir. Commissioner Winton -- Commissioner Allen: Yes. Chairman Sanchez: -- you have the floor. Commissioner Winton: 1 guess 1 have a number of kind of disconnected questions. The first one is, what's the estimated total cost of replacing the trees? City of Miami Page 19 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Ms. Grindell: $93, 000. Commissioner Winton: So -- well, maybe 1 misunderstood, because I thought you said that this plan would take care of 20 percent of the trees that we need planted. Ms. Grindell: No, no, no. What we have available right now is $18,000, which would -- Commissioner Winton: And that does the 20 percent. Ms. Grindell: Correct. Commissioner Winton: OK, so if you get the grant, then the 18,000 we have, that solves the whole problem of replacing the trees. Ms. Grindell: Correct. Commissioner Winton: OK. A disconnected question: I don't recall seeing on consent agenda, or anywhere else in the agenda in the past, a request or a resolution authorizing you to apply for a grant. 1 thought we just apply for grants. Ms. Grindell: Normally, that's the case, but in this particular grant, it requires a resolution from the Commission before we apply for the grant. Commissioner Winton: Oh, no wonder. Chairman Sanchez: All right. Commissioner Winton: So -- but I want to be clear here also -- Commissioner Allen, by the way, I owe you an apology, which 1 will apologize to you. I'm the one that kind of started this by being a smart mouth and saying, you know, "I'll take the money, " and I shouldn't have done that. That was inappropriate on my part, and I apologize for doing that, but it is crystal clear that we can't take money from somewhere else and use it to replace these trees, and still get this grant, so we either have to forget about the grant, or figure out if there's another place to use this grant, if you're going to find money to replace these trees on a more rapid basis, so those are some of our choices. I'm done. Chairman Sanchez: All right, so Commissioner Allen, let's go ahead and move CA.6. Commissioner Allen: Right, right. Chairman Sanchez: Let's go ahead and move CA.6 -- Commissioner Allen: Right, so I -- Chairman Sanchez: -- vote that, and then we'll follow up with a motion by you. Commissioner Allen: So -- and I appreciate it, Commissioner Winton. I heed what you're saying. I appreciate your assistance in this matter, so to that end, Mr. Chairman, we can go ahead and move this again. My issue was not with respect to the grant, but the timeliness of this; this will be delayed. We need to get this moving. Chairman Sanchez: I think you've made that very clear. Commissioner Allen: And this is consistent with a lot of projects that are taking place in my district. There's always a delay factor, dilatory measures put in place, and I am just fed up with City of Miami Page 20 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 it at this point. I want things moving. I want the type of economic development taking place in my district as soon as possible. Chairman Sanchez: Yes, sir. OK. Is there a -- would you make the motion to approve CA.6? Commissioner Winton: Did we approve the -- Commissioner Allen: Yes, I'll move the item. Chairman Sanchez: There's a motion by Commissioner Allen -- Commissioner Winton: Second. Chairman Sanchez: -- to approve CA.6, second by Commissioner Winton. 1 think we've debated it long enough. It's the consent agenda. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Now, Commissioner Allen, I think -- Commissioner Allen, 1 believe you wanted to present a motion -- Commissioner Allen: Yes. Chairman Sanchez: -- in that -- OK. Commissioner Allen: Yes. If you will, Mr. Chairman, I'll present the motion in the fashion in which you couched it. Chairman Sanchez: Directing the City Manager or the Administration to come back within 30 days -- Commissioner Allen: Right, the possibility offinding other money. Again, it doesn't affect the grant itself but then again, as I said earlier, this is a foreseeable event, so we should have had a reserve fund for -- to cover this type of incident, so to that end, I adopt what you've suggested, Mr. Chairman. Chairman Sanchez: And I'll place the motion. The motion is directing the City Manager or City staff to come back within 30 days with a report as to funding availability to assist this project -- Commissioner Winton: Alternate funding availability. Chairman Sanchez: Alternate funding availability to assist this project not to be -- not to face any further delay. Well, there's a motion on the floor. Is there a second? Commissioner Allen: Second, Mr. -- Commissioner Winton: Second for discussion. Chairman Sanchez: Well, you made the motion, Commissioner Winton second it, for the purpose of -- Commissioner Winton: For discussion. Chairman Sanchez: -- discussion. Commissioner Winton, you're recognized. City of Miami Page 21 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Winton: Now, I seconded it because I wanted appropriate discussion, but Commissioner Allen, if we use -- if you find an alternate source of funding, this grant's dead, so 1 don't know, even though 1 seconded the motion, I'm not so -- I don't really think I'm going to support the motion, because I would really like to get the grant money. Commissioner Allen: Oh, so would 1. Commissioner Winton: And my sense is that because this requires a specific resolution of the Commission, that this is one of those grants where we have very high probability that we're going to get it. Commissioner Allen: Oh, yeah, clearly. Commissioner Winton: Is that not correct? Ms. Grindell: No, I wouldn't say that's correct. Commissioner Allen: Oh, it's not? Commissioner Winton: Oh, it's not? Ms. Grindell: No. Commissioner Allen: Oh, so we've got to compete. It's a competitive process. Ms. Grindell: It's a competitive process. Commissioner Winton: Well, so it's still -- Commissioner Allen: See, I thought this was perfunctory, so you see the issues? So, if it's not -- Commissioner Winton: Well -- Commissioner Allen: -- a guarantee -- Commissioner Winton: -- it is -- Commissioner Allen: -- then there's another timeline imposed Commissioner Winton: It's not guaranteed, but you're not recognized, sir. I still have the floor. Commissioner Allen: Yeah, this is unfair. Commissioner Winton: And so -- well, I don't consider it unfair, at all. It's -- Commissioner Allen: No, no, 1 don't mean in the sense of unfair. I'm just saying that the constituents, they have been waiting and waiting and waiting. I have to endure those calls. Commissioner Winton: Yeah, so the question that we have to then address, 1 think 1 will support this, given the fact it's, you know, no more than a 50/50 chance, and then we can decide, if the Manager finds the money, if we're going to allocate that money, because we're not making that decision today; we're only directing the Manager to determine if there's an alternate source of funding we could potentially use. City of Miami Page 22 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Allen: Right, and Mr. Chairman, if I may, again, I have no issue with the grant. The bottom line is, just based on -- Commissioner Winton: I understand, clearly. Commissioner Allen: -- yeah, based on what you just said that there's not a clear shot that we might get this. What if we don't get it? Then it appears to me that -- Commissioner Winton: That you're right. Commissioner Allen: -- these trees will be -- it's contingent on whether or not we receive a grant, so you're still in a state of flux, if you will. That's why I think -- Commissioner Winton: Correct. Commissioner Allen: -- as an alternative measure, we have -- Commissioner Winton: That is correct. Commissioner Allen: -- got to find a -- Commissioner Winton: Then that's why I'm going to support the idea that -- Commissioner Allen: Yeah. Commissioner Winton: -- we look for -- Commissioner Allen: OK. Commissioner Winton: -- alternative funding. Commissioner Allen: So that's the issue. Thank you, Mr. Chairman. Chairman Sanchez: All right. There's a motion and a second. No further discussion on -- from the floor. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, so we complete the consent agenda. Adopted the Consent Agenda Motion by Commissioner Regalado, seconded by Vice Chairman Gonzalez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen END OF CONSENT AGENDA Chairman Sanchez: And we go to Consent Agenda. Are there any items that the Commission would like to pull for discussion from the consent agenda? Commissioner Allen: Yes, Mr. Chairman. Just CA. 6 for discussion purposes, please. City of Miami Page 23 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Chairman Sanchez: CA.6 has been pulled by Commissioner Allen for discussion. Any other items from the Commission? If not, Mr. City Manager, are there any items you'd like to pull for discussion? Joe Arriola (City Manager): No, sir. Chairman Sanchez: Hearing none, could we have a motion to approve the remaining consent agenda items? 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 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 the consent agenda, 1 through 5, have been approved. City of Miami Page 24 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ PUBLIC HEARING M.1 05-00564 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A 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, AS RELATED TO STATE CERTIFIED FIREFIGHTERS/ EMERGENCY MEDICAL TECHNICIANS, TO ENABLE THEM TO PROVIDE BASIC LIFE SUPPORT TRAINING AND EDUCATION IN COMPLIANCE WITH THE CITY OF MIAMI SAVE A LIFE FOUNDATION GRANT PROJECT. 05-00564-resolution. pdf Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0404 Chairman Sanchez: We go to M. 1. It is a four -fifth waiver of conflict of interest, and it's reference Save A Life Foundation. 1 believe the Mayor's here to address us. Mr. Mayor, you're recognized. Mayor Manuel A. Diaz: Good morning, Mr. Chairman. I just want to give you a little background on what Save a Life is. Save a Life is a national foundation that was started by a woman by the name of Carol Spizzirri, and the reason she started it is because in her own case, her own child suffered a stroke, while she was out with her school kids, and actually died because there was no school kid around that could -- that was trained in first aid, in emergency or medical training that could give their child some -- could have saved her life, basically, and this was an organization that was started by Dr. Heimlich, who all of you know is a founding members and other -- It is part of President Bush's Citizen Corps, which, as you know, after 9/11, it's part of the U.S. Department of Homeland Defense. It was started in Illinois and Chicago, in particular, and Mayor Daly took -- embraced this program because Carol is from Illinois, and they have now conducted annual training for a million children in their school board. This is a pilot. We are receiving a grant in the amount of $100, 000. We are the first city that is receiving this, and using as a pilot. We're going to start, initially, with 15,000 in one our feeder schools. We -- eight schools. Our goal would be to have all children in the City of Miami schools, K (kindergarten) through 12, trained in Emergency Medical Services by the end -- the school year '06/'07, and we've got a tremendous amount of cooperation from Dr. Crew, and the School Board, and school staff We're going to be working on this grant though our firefighters. The reason you have this in front of you is because Chief Bryson, in working with the Fire Department, has essentially structured this as a tantamount to a volunteer program. They're going to be -- the firefighters will receive a dollar per student, as opposed to if they were doing it under normal City payroll, they would obviously get time and a half and include drive time, and City of Miami Page 25 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 all the other things that go with the contracts, and I urge your adoption, and I'm here for any questions. Chief Bryson is also here, if anyone has any questions. Chairman Sanchez: All right. Thank you, Mr. Mayor. This is an item -- a resolution. It's a public hearing. Before we open it up for the public, let's get a motion and a second on the item for the purpose of discussion. Commissioner Winton: Move it. Commissioner Allen: I move the item. Commissioner Winton: Second Chairman Sanchez: There is a motion by Commissioner Allen. It is second by Commissioner Winton. Before we debate it in the Commission, 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 at this time, coming back to the Commission for discussion. Any discussion on the item? Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Mr. Chairman. 1 think that, to me, it's important to say that, in the past, recently we had a very lively debate about conflict of interest, and this had to do with some project, but what we're been presented here is a totally different scenario than other conflict of interest. I mean, these are -- this is the Fire Department, not one fireman. This is a school program, not a work that they're going to do outside, like doing an inspection or something like that, so I just want to say that, for the record, to me, I'm not deviating from past votes, but this is a different -- a totally different situation. Chairman Sanchez: All right. Any further discussion on it? If not, Chief could you just put on the record -- I think that the perception of conflict of interest -- could you please put on the record how much the firefighters will be getting paid -- Commissioner Allen: Mr. Chairman. Chairman Sanchez: -- to -- yes. Commissioner Allen: I hate to interrupt, but this is going to require a four -fifth vote, isn't it? Chairman Sanchez: Yes, it requires a four -fifth vote. We lost quorum. Yes, sir, you're correct, so -- Commissioner Winton: No, I'm here. Jorge L. Fernandez (City Attorney): He's correct. Chairman Sanchez: Oh, you're here? Commissioner Winton: Yeah. Chairman Sanchez: All right. Yeah, this requires a four -fifth vote. Chief just put on the record -- I mean, 1 think the people need to know that they're not going to be paid $250. I think it's like a dollar, per child, and the only way for us to get this done and have the proper implementation of this program is through our fine fire department. William "Shorty" Bryson (Fire Chief): Short Bryson, fire chief Department of Fire Rescue. The Commissioner is right, the Chairman is right, it's a dollar per student, per class; comes out that City of Miami Page 26 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 they do a class of 30 students, takes them two or three hours, it's $30 for the instructor. They actually volunteered not knowing what they were going to get paid They just wanted to do this program, so it's a very efficient use of the money, sir. Chairman Sanchez: And if we did not do it this way, we would be paying them time and a half am 1 correct? Chief Bryson: Time and a half, minimum four hours, sir. Chairman Sanchez: OK. I just wanted to make sure. See, these are the things that have to be put on the record. Chief Bryson: Absolutely. Chairman Sanchez: All right, the gravy, and once again, you know, we congratulate our Fire Department for doing this for our community. OK, having said that, there's a motion and a second. The public meeting was opened and closed 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, and we move on -- Thank you, Mr. Mayor. DISTRICT 1 VICE CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON D2.1 05-00530 DISCUSSION ITEM DISCUSSION TO EXPLORE THE OPTIONS AVAILABLE TO THE CITY OF MIAMI IN DEALING WITH THE FEDERAL GOVERNMENT TO GIVE US BACK OUR DOWNTOWN STREETS, INCLUDING FILING SUIT, IF NEED BE. 05-00530-email.pdf DISCUSSED Chairman Sanchez: Let's go to the Commission item. Let's go ahead and just go down the agenda. We will be getting to Community Development at 10:30, hopefully. Do we have the translator here? OK, good to see you. All right, we'll go ahead with Vice Chairman Angel Gonzalez. Does he have any items? Mr. Vice Chairman, do you have any items? Vice Chairman Gonzalez: No. Chairman Sanchez: OK. We go to Commissioner Winton. Commissioner Winton: This is really directed to the City Manager. I don't know if you all had been downtown lately, but if you drive by government buildings, federal buildings, they've taken over our streets, literally. Sidewalks, we don't have any sidewalks left around federal buildings, and we have one -- at least one lane of what used to be a road that's gone, that the feds have taken over, and it was post 9/11, and you know, you're very sympathetic immediately following City of Miami Page 27 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 things like Oklahoma City and 9/11, and we do, and are very concerned about the safety of the federal workers that work downtown, but they have no right to just take our public property that belongs to our citizens and go to sleep. There's a lot of ways you can protect these buildings, other than stealing our sidewalks and our roads, and if you have pedestrians downtown today that want to walk by any of these federal buildings, they literally have to walk in the middle of the road because the barriers are in the middle of one of the lanes of traffic, and that's very unsafe for our citizens, and we've been patient and patient and patient, and what I'm seeing them doing now is they're putting up permanent barricades, except they're uglier than hell. They are absolutely pathetic, and they don't maintain them, there's weeds growing where the dirt collects. I mean, it's a disgrace, and I've had this discussion here before in hope that something would happen, and nothing's happened, so therefore -- well, maybe we have -- and I'm all about solutions, so if you all have a plan, I'm ready to listen. Alicia Cuervo Schreiber: Commissioner, Alicia Cuervo Schreiber, chief of Operations. Both Mary Conway, on the Transportation side, and Stephanie Grindell, have been working with the County and with the Federal -- I can't say which department right now off the top of my head -- trying to resolve that issue in getting that removed. We feel that it has modified traffic patterns, and it caused undue burden on the pedestrians, as well, and we've been working diligently trying to get that reverted. Commissioner Winton: And are we making any progress? Ms. Cuervo Schreiber: That, I will give you an update on before today is over. Commissioner Winton: OK, good, because if not, then, Mr. City Attorney, I'm going to ask you to be looking into whether or not there are legal actions that we could take against the Federal Government for stealing our property. Chairman Sanchez: All right. Ms. Cuervo Schreiber: Thank you. Chairman Sanchez: Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you very much, Mr. Chairman. Commissioner Winton is right. In the city of Atlanta, in the city of Washington, and Philadelphia, the federal government has an agreement with the municipality that is called the "Good Neighbors' Policy. " They even pay for services rendered to the different federal buildings in those cities. It is called the Good Neighbors' Policy. It's not an -- the responsible for all these that is going on is not Homeland Security, but GSA, the Department of General Service Administration of the federal government that owns every federal building in the United States. They have no right to take over the streets. When the White House and the Capital was recently evacuated because aflyover of aircraft over Washington, the federal government did not notify the city of Washington, and they closed several streets. City of Washington threatened to go to court, and they had to reopen the street. In fact, Pennsylvania Avenue, which is 16000 Pennsylvania Avenue, the most well-known address in the United States, by law, by the municipality of the city of Washington DC -- and 1 worked there, in Washington, several years -- has to be open to the public, regardless of security reason, and we're talking the White House, the fence, the sidewalk. The only thing that they can do is take three feet to place barricades so no one can park on the parking lane. They cannot block a street, and I am telling you, I know that. I live in Washington, I work in Washington, and I'm telling you that if they are doing it here, it's because we're allowing it. Commissioner Winton: Yeah. OK, good. Commissioner Regalado: But -- City of Miami Page 28 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Winton: But they have the bad neighbor policy here. Commissioner Regalado: Well, I'm just saying -- look, I'm just saying, I know Philadelphia and I know Atlanta; they have this policy, and 1 know Washington. Commissioner Winton: Yeah. Commissioner Regalado: Go to Washington; see how many people -- Commissioner Winton: No, you're right. Commissioner Regalado: -- are in the streets -- Commissioner Winton: Right. Commissioner Regalado: -- in the sidewalk in front of the White House -- Commissioner Winton: Yep. Commissioner Regalado: -- walking. There's no way that Homeland Security can close the sidewalk, so -- I mean, you know, protecting a federal employee is bigger than protecting the President of the United States; I don't think so, you know, so -- Commissioner Winton: Thank you. Chairman Sanchez: All right. Any further discussion on the item? Madam Clerk, 1 believe there is a motion and a second on the floor. Commissioner Winton: No, I didn't make a motion. Chairman Sanchez: You did not make a motion? Commissioner Winton: No, because Alicia's going to come back this afternoon, and let me know if she thinks there's progress, and if there's -- Chairman Sanchez: All right. Commissioner Winton: -- not progress, then we'll bring it back and I'll -- Chairman Sanchez: We move on -- Commissioner Winton: -- make a resolution. Chairman Sanchez: -- to public hearing, PH.1. DISTRICT 3 CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO DISTRICT 5 City of Miami Page 29 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 COMMISSIONER JEFFERY L. ALLEN City of Miami Page 30 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 PH.1 05-00546 Department of Economic Development PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO PURCHASE REAL PROPERTIES LOCATED AT 958 AND 960 NORTHEAST 79TH STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, IN CONNECTION WITH THE DEVELOPMENT OF A FIRE STATION, FOR A TOTAL PURCHASE PRICE AMOUNT NOT TO EXCEED $1,050,000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE OPTION TO PURCHASE REAL PROPERTY AGREEMENT ("OPTION AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND 79TH STREET LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND TO CONSUMMATE SAID TRANSACTION IN ACCORDANCE WITH THE TERMS OF SAID OPTION AGREEMENT; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $1,095,000 FROM THE NEIGHBORHOOD FIRE STATIONS AND TRAINING FACILITY PROJECT, ACCOUNT NO. 313306.289307 APPROPRIATED FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND FOR COSTS, INCLUDING BUT NOT LIMITED TO, SURVEYS, ENVIRONMENTAL REPORTS, DEMOLITION AND OTHER COSTS ASSOCIATED WITH SAID ACQUISITION; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS IN CONNECTION WITH SAID OPTION AGREEMENT. 05-00546-resolution. pdf 05-00546-exhibitl .pdf 05-00546-exhibitl A. pdf 05-00546-exhibitl B.pdf 05-00546-exhibitl C. pdf 05-00546-exh ibit2. pdf 05-00546-exh ibit2A. pdf 05-00546-exh ibit2 B. pdf 05-00546-exh ibit3. pdf 05-00546-exh i bit4. pdf 05-00546-exh i bit4A. pdf 05-00546-exh i bit5. pdf 05-00546-exh i b it5A. pdf 05-00546-summary form. pdf 05-00546-memo. pdf 05-00546-notice of public hearing .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 Regalado Absent: 1 - Commissioner Allen R-05-0405 Chairman Sanchez: PH 1 is a four -fifth vote, affirmative vote. City of Miami Page 31 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Laura Billberry (Acting Director, Economic Development): Good morning. Chairman Sanchez: Department of Economic Development. Ms. Billberry: Lori Billberry. Item PH.1 and PH.2 are both related to the acquisition of property for the development of a fire station in the northeast section. Item PH.1 is for the acquisition of the property at 958 and 960 Northeast 79th Street for an acquisition price of $1, 050, 000. A four -fifths vote is required because it exceeds the appraised value by approximately 11 percent. Two independent appraisals were obtained, with an average appraisal of $947, 500. Commissioner Winton: Move it. Chairman Sanchez: All right. There is a motion by Commissioner Winton. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by -- Commissioner Regalado: Discussion. Chairman Sanchez: -- Vice Chairman Gonzalez. Before we open it for the purpose of discussion, it is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Mr. Chairman. On this matter, Lori, how long ago did this property change hands? Was this the same owner forever or -- Ms. Billberry: This property has been in the same owner's hands since 1980. Commissioner Regalado: Since 1980. Why is it that the two appraisals came less than the market value? I don't understand Commissioner Winton: More than, you mean. Chairman Sanchez: No, more. Commissioner Winton: More than. Commissioner Regalado: No, the appraisals. Chairman Sanchez: More. Ms. Billberry: No, the appraisals -- Commissioner Regalado: Less. Ms. Billberry: -- came in less. Commissioner Regalado: Less. Ms. Billberry: These properties were not for sale. This was based on a solicitation -- City of Miami Page 32 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Winton: Oh, I see what you did, yeah. Ms. Billberry: -- we did of mailing letters to people -- Commissioner Winton: Yeah. 1 misunderstood. Ms. Billberry: -- in the main corridors of the area that we knew we could -- had the appropriate zoning in place. The appraisals came in. They did seem reasonable. We were unable to negotiate a lower price. I mean, it is lower than what they initially asked for, but it's not substantially lower. We were unable to get it further. Commissioner Winton: And -- Ms. Billberry: But these properties were not for sale at the time, and -- Commissioner Regalado: No, 1 don't have a problem with that. I just was curious about changing of ownership, but since this could apply to District 4, which we're still looking for, I -- this is only a question, not -- is it cheaper to go the route of eminent domain? Ms. Billberry: No. Commissioner Regalado: Why would you say that? The court order market praise [sic], which is the appraisal. Ms. Billberry: It would be based on a jury trial in an eminent domain, and the City Attorney might want to expound upon this, but when you consider all the attorneys' fees and everything else, you will be likely paying in the area of 20 to 30 percent more than appraised value, so this would actually be less. Commissioner Regalado: OK. Commissioner Winton: And may I add -- and I grilled the Chief on this, because I was also curious, but property values are rising so fast also, Commissioner Regalado, in our city that you let any time go by, and 11 percent's gone in no time, and at $76 a square foot, while the appraisal may have said that isn't where the market is in that particular location right now, that is not an unreasonable number in that general area, and I'm frankly kind of surprised that the appraisal didn't find something, but maybe it's just that there haven't been enough transactions yet to hit there, but this is not, in today's marketplace, a bad number. I was on the verge of saying -- because I kind of looked at it the same way you did, but 1 got additional information and 1 felt pretty comfortable here. Commissioner Regalado: OK. Chairman Sanchez: All right, any further discussion on the item? Mr. City Manager, do you want to weigh in? Joe Arriola (City Manager): 1 just wanted to re -- when we did the Little Haiti Park recently that you guys approved, not only when we went through the eminent domain, not only did we get stuck with that, we got stuck with a huge attorney's fee, so -- Commissioner Winton: Yeah, it's big. Mr. Arriola: You know, 1 don't like to pay more on appraisal; you're 100 percent right, but eminent domain sometime could really backfire on you and it -- like it did to us. City of Miami Page 33 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 PH.2 05-00547 Department of Economic Development Chairman Sanchez: All right, no further discussion on the item. There is a motion and a second. The public hearing has been opened and closed. 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 on a four -fifth vote. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO PURCHASE REAL PROPERTY LOCATED AT 990 NORTHEAST 79TH STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, IN CONNECTION WITH THE DEVELOPMENT OF A FIRE STATION, FOR A TOTAL PURCHASE PRICE AMOUNT NOT TO EXCEED $900,000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE OPTION TO PURCHASE REAL PROPERTY AGREEMENT ("OPTION AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND JEFFREY LEFCOURT AND TO CONSUMMATE SAID TRANSACTION IN ACCORDANCE WITH THE TERMS OF SAID OPTION AGREEMENT; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $935,200, FROM THE NEIGHBORHOOD FIRE STATIONS AND TRAINING FACILITY PROJECT, ACCOUNT NO. 313306.289307, APPROPRIATED FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND FOR COSTS, INCLUDING BUT NOT LIMITED TO, SURVEYS, ENVIRONMENTAL REPORTS, DEMOLITION AND OTHER COSTS ASSOCIATED WITH SAID ACQUISITION; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE ASSIGNMENT OF THE EXISTING LEASE AGREEMENT ("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PROPERTY AND TO EXECUTE ALL NECESSARY DOCUMENTS IN CONNECTION WITH THE OPTION AGREEMENT AND ASSIGNMENT OF SAID LEASE. 05-00547-resol ution. pdf 05-00547-exhibit 1.pdf 05-00547-exhibit 1A.pdf 05-00547-exhibit 1B.pdf 05-00547-exhibit 1C.pdf 05-00547-exhibit 2.pdf 05-00547-exhibit 3.pdf 05-00547-summary form.pdf 05-00547-memo. pdf 05-00547-notice of public hearing.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen R-05-0406 City of Miami Page 34 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 10:30 A.M. PH.3 05-00460 Department of Community Development Chairman Sanchez: We go to PH.2, which is also a resolution; basically, same thing, property next door, by the Department of Economic Development. Is there a motion? Vice Chairman Gonzalez: Move it. Commissioner Winton: So moved. Chairman Sanchez: There's a motion. Commissioner Winton: Second. Chairman Sanchez: Is there a second? Before we open it for discussion, 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 for a vote. No further discussion from the Commission. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. A sign interpreter translated discussion related to Item PH3. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT CLOSED OUT FUNDS, IN THE AMOUNT OF $260,174.41 AND CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT COMMERCIAL FA?ADE PROGRAM FUNDS, IN THE AMOUNT OF $339,825.59, AS SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED, FOR THE TOTAL AMOUNT OF $600,000; ALLOCATING SAID FUNDS, IN THE FORM OF A LOAN, TO ALLAPATTAH DEVELOPMENT, LLC., IN THE AMOUNT OF $300,000 AND TO A RESERVE ACCOUNT, IN THE AMOUNT OF $300,000, FOR FUTURE USE, AS SPECIFIED IN SAID ATTACHMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE A LOAN AGREEMENT, WITH SAID AGENCY, FOR SAID PURPOSE. 05-00460-resolution 6-23-05.pdf 05-00460-exhibit 6-23-05.pdf 05-00460-summary form 6-23-05.pdf 05-00460-public notice 6-23-05.pdf 05-00460-resolution.pdf 6-9-05 05-00460-exhibitA.pdf 6-9-05 05-00460-summary form.pdf 6-9-05 05-00460-public notice.pdf 6-9-05 05-00460-Voting Conflict.pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Allen Abstained: 1 - Commissioner Regalado Absent: 1 - Commissioner Sanchez City of Miami Page 35 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 R-05-0407 A motion was made by Commissioner Winton, seconded by Commissioner Allen, and passed unanimously, with Chairman Sanchez absent, and Commissioner Regalado abstaining, to defer the transfer of CDBG funds to Telemiami, Inc. to the City Commission meeting currently scheduled for July 7. Chairman Sanchez: We go to PH.3. It's a resolution, and do we have the interpreter ready, and Barbara Rodriguez. Commissioner Regalado: Mr. Chairman. Chairman Sanchez: Yes, sir. Commissioner Regalado: On this, 1 have to declare a conflict of interest, because one of the entities 1 work for as an employee. I do not have any interest, so I have to leave the dais, and you may -- you will be losing quorum. Commissioner Winton: Well, if we lose quorum, we can't -- Vice Chairman Gonzalez: We have Commissioner Allen. Commissioner Allen: Yes, sir. Thank you. Sorry for that. Barbara Gomez -Rodriguez: Barbara Rodriguez, Department of Community Development. We are requesting approval to fund two agencies, Allapattah Development LLC, which is a for profit entity, and Telemiami, Inc., which is also a for -profit entity, and it's to authorize $300, 000 to each entity. They will be creating a total of 40 jobs each. It is a loan, at three percent interest; to be payable in 80 equal payments. The money is coming from accounts that are being closed and contracts that are not going to be utilizing the funds. Vice Chairman Gonzalez: All right. Commissioner Winton: Well, I will move it for discussion -- Commissioner Allen: I'll second it, Chairman. Commissioner Winton: -- but I'm very -- Vice Chairman Gonzalez:: OK, we have a motion for discussion, and we have a second Commissioner Winton is recognized Commissioner Winton: Barbara, I'm bothered -- you know, 1 understand the concept, very clearly, of providing government support in some fashion or other, including low -interest loans, to for profit entities in economic redevelopment zones. I think that -- I don't know enough about where the one is in Allapattah, but I know a large part of Allapattah is, in fact, in the Empowerment Zone and Enterprise Zone. Vice Chairman Gonzalez: This area, Commissioner, is -- Commissioner Winton: Let me finish, and then you can come back. Vice Chairman Gonzalez: Oh, OK. Commissioner Winton: Telemiami, clearly, is not in an empowerment zone, or an enterprise City of Miami Page 36 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 zone, any kind of zone, and so I can't support the Telemiami piece, at all, because it's not in a zone that needs that kind of support, and there's a lot of businesses in areas like East Little Havana -- not to take away from Commissioner Regalado's district -- but there's areas in West Little Havana, in East Little Havana, certainly Allapattah, Overtown, Liberty City; West Grove, for that matter, where we've had businesses that have struggled mightily because of the road construction, that could use that kind of support, and what I'm concerned about here relative to both of these is the process we went through to get here. 1 don't -- I called some of the even the not -for -profits in any area, and I know a lot of the for profit businesses; no one knew anything about this, so I'm concerned about process also. How did we zero in on these two for profit corporations to get two big chunks of money without -- who else applied? So there's -- so 1 got two issues: Process, which is about fairness and exposure, and the other is about economic redevelopment, and I'm going to be interested to hear both points of view relative to Allapattah, but I understand where Telemiami is, and I understand what that economic is, so -- Ms. Gomez -Rodriguez: Commissioner, these two agencies, we've been working with them since last year, so there was an RFP (Request for Proposals), where they did come through and they did apply, and they've been working with us. As you know, Telemiami was here in October; we brought it. At that time, they were interested in a grant. Ninety-nine percent of the funding, after October 1, have been to for profit, under a loan structure. We're no longer giving grants to for profit businesses. Commissioner Winton: Do we have a list of those that we've done? Ms. Gomez -Rodriguez: We have. Commissioner Winton: You have a list? Ms. Gomez -Rodriguez: We have Edison Marketplace, the $3, 000, 000 that we gave in December, they are a for profit, so we have had numerous. The one of last week that we did around the Victoria Hospital, that was a for profit also, so what we did, we did change our policy. Effective October, any for profit entity that will be coming in, number one, is no longer a grant; it is a loan. They've all been under three percent across-the-board for everybody. On reference to the ones on Little Haiti businesses, because it was a program from before, they were all for profit, but they are grants, so these company, we've been working with them back and forth. Telemiami finally agreed to a loan in the last three weeks. Up to now, that was not the communication that we had We -- basically, it is an eligible activity. I understand that they're not in a redevelopment area, Telemiami is not. We are asking them to create 40 jobs each; 10 on the first year, 30 in the next five years. Commissioner Winton: How long do each of those jobs have to last? Ms. Gomez -Rodriguez: Five years. Commissioner Winton: Each job has to last five years? Ms. Gomez -Rodriguez: They have to guarantee a full-time job for five years, and the first year, they have to create ten jobs, and in the remaining five years, an additional 30. After those five years, is an additional five years that they have to create -- they have to maintain the job. Commissioner Winton: So, the first 10 I create, they'll burn off at the end of the period, if -- because that's -- that'll be allowed. Ms. Gomez -Rodriguez: Five years. Commissioner Winton: And I have to do how many more, 30 more? City of Miami Page 37 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Ms. Gomez -Rodriguez: Thirty more in the next five years. Commissioner Winton: So, if I do ten in the next year -- or if I do ten in the last year, let's say -- Ms. Gomez -Rodriguez: 1t will be another five years. Commissioner Winton: Another five years before those -- that they're required to keep those. Ms. Gomez -Rodriguez: Right. The -- on the issue of Allapattah Development LLC, is a new company coming to the area, and they've been working with us. They've bought a building, and they're going to be in the seafood business, so that is a totally new business that we're bringing into the area of Allapattah, so that's basically both of them. 1 can tell you, we do have, right now, that we're working on approximately 14 businesses for Commissioner -- in the District 5; they're all for -profit; that we're working with them -- to work with them. They're looking for up to $75, 000, per business. They're very small businesses, so we hope to -- Commissioner Allen: Loans? Ms. Gomez -Rodriguez: They're loans. Again, they're all loans, so we're going to be working to see how we can close those and fund them. Again, they will be loans, and they will have to create jobs. Commissioner Winton: So the business in Allapattah is a brand-new business? Ms. Gomez -Rodriguez: It's a brand-new business coming to the area. Commissioner Winton: Well, I'm not saying that, permanently, I'm going to be against Telemiami. I want to learn some more about the original RFP. Ms. Gomez -Rodriguez: OK. Commissioner Winton: But if there's going to be any support from me on this right now, I want to bifurcate these two. Ms. Gomez -Rodriguez: Can we split them, and -- Commissioner Winton: Yes. Ms. Gomez -Rodriguez: -- we can vote on both items? Commissioner Winton: And do you have the mechanism to monitor the job creation? Ms. Gomez -Rodriguez: Yeah. They do have to -- they're special forms that they do have to send in with the person's social, where it came, because it's not that it's only low-income; our -- we're putting additional restriction. They have to be City of Miami residents. Commissioner Winton: Well -- but here's the deal: There also have to be additional jobs. You can't -- Ms. Gomez -Rodriguez: Right, right. We do have -- Commissioner Winton: -- fill -- Ms. Gomez -Rodriguez: -- their payroll. City of Miami Page 38 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Winton: -- these positions through attrition. Ms. Gomez -Rodriguez: Correct. Commissioner Winton: So -- Ms. Gomez -Rodriguez: We currently have their pay roll register. We know how much jobs they currently have, so it's got to be from that point that we close the documents forward Commissioner Winton: OK, so in order to get any -- my support for Telemiami, which I'm willing to bring back, I would like to see the original RFP, and see how much people responded to that original RFP -- Ms. Gomez -Rodriguez: OK. Commissioner Winton: -- and see how you rank this, and if I'm satisfied, then -- this isn't irrational, in my mind, at all, if they're committed to creating jobs, and in Commissioner Gonzalez's particular case, this is a brand new business coming in, and that's -- Ms. Gomez -Rodriguez: Yeah. Commissioner Winton: -- what we really try to do, and he's clearly in an economic redevelopment zone, so -- Ms. Gomez -Rodriguez: Yeah. Commissioner Winton: -- so it's a lot easier to get there. Vice Chairman Gonzalez: Commissioner Allen -- Commissioner Allen: So, Mr. -- Vice Chairman Gonzalez: -- you're recognized Ms. Gomez -Rodriguez: If we can split the item -- Commissioner Allen: Yeah, just -- yeah, I was just going to suggest, so therefore, we would have to, if you will, sort of -- if you -- using your words, to split this. As it stands now, we will, if you will, delete any mention of this resolution as it relates to Telemiami; is that the suggestion? Ms. Gomez -Rodriguez: Well, he -- Commissioner Winton: Yeah. Ms. Gomez -Rodriguez: -- would have to vote two ways -- Vice Chairman Gonzalez: We would have to vote separately. Ms. Gomez -Rodriguez: -- one, let's vote for the Allapattah Development LLC, for -profit entity -- Commissioner Winton: Well, I think we have to withdraw our -- Commissioner Allen: Right, the original -- City of Miami Page 39 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Winton: -- or either mod -- Mr. City Attorney, do we need to mods the existing motion or withdraw it? Jorge L. Fernandez (City Attorney): No. You need -- you can modify it. Commissioner Winton: OK. Commissioner Allen: OK. Commissioner Winton: Then 1 made the motion, didn't -- no. Who made the motion? I made the motion. Commissioner Allen: 1 second. Commissioner Winton: So, I'm going to modify my motion to only accept, at this point -- Ms. Gomez -Rodriguez: The Allapattah Development. Commissioner Winton: -- the Allapattah project. Ms. Gomez -Rodriguez: OK. Commissioner Allen: And that allocation to the Allapattah -- Commissioner Winton: Yes. Commissioner Allen: -- Development. Ms. Gomez -Rodriguez: Correct. Commissioner Allen: Correct. Mr. Fernandez: Well -- Vice Chairman Gonzalez: All right. Mr. Fernandez: -- this resolution -- Mr. Chairman, this resolution does more than just allocate the money. This resolution, the top part of it, explains to you how you're bringing in -- putting together the $600, 000 -- Commissioner Allen: I see. Mr. Fernandez: -- and so you need to -- you're approving that. The only thing that you are bifurcating or separating is the awards. Commissioner Winton: That's -- Ms. Gomez -Rodriguez: Can -- Commissioner Winton: Yes. Ms. Gomez -Rodriguez: -- 1 do something? Can I say that let's modify the resolution to fund Allapattah Development LLC from East Little Havana, Community Development, 24,859.55; University of Miami, 11,633.25; Edgewater Economic Development Corporation, 16,144.57; Small Business Opportunity Centers, 67,016.82; Jubilee Community Development Corporation, City of Miami Page 40 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 91,020.22; South Florida Workforce Board, Inc, 29,000 -- 49,500, and from the City of Miami Facade Program, only 39, 825.59. Commissioner Allen: Right, only 39,000? Ms. Gomez -Rodriguez: Right, and then to leave the additional $300, 000 on a reserve -- Commissioner Allen: Pending -- Ms. Gomez -Rodriguez: -- for future use. Commissioner Allen: Right, pending, right. Commissioner Winton: OK. So moved, or that -- yes, that -- Commissioner Allen: OK. Commissioner Winton: That's how I would like to modem my motion. Mr. Fernandez: Right. Commissioner Allen: Right. 1 second Vice Chairman Gonzalez: OK, we have a motion. Do we have a second? Commissioner Allen: 1 second the motion. Vice Chairman Gonzalez: OK, and we have a second. Before I vote, let me clarO) the record. Long before both of you became Commissioners, the City of Miami, in order to create economic development in the City of Miami, created a bank that was called -- Commissioner Winton: Yeah, I remember. Vice Chairman Gonzalez: -- Miami Capital, which was part of the City of Miami. Commissioner Allen: Right, I recall. Vice Chairman Gonzalez: At the time, I used to work for a community based organization, and part of my job was to process loans for different companies that wanted to either start-up or they want to expand. I processed no less than 50 loans through Miami Capital that ranges from $75, 000 loans to $500, 000, and the intent was to attract new businesses, to create new jobs, and to create economic development throughout the City of Miami. This was not only for Allapattah; it was throughout the City of Miami. These businesses, one is them is not in my district. I'm familiar with the business. I know they have been struggling to expand for years. It's a cable company, small company. They may be perceived as being millionaires, but they're not. They're a company that is struggling, and they -- when this first came to the Commission, I voted against it because it was a grant. Commissioner Winton: Because it was what? Vice Chairman Gonzalez.: It was a grant. Commissioner Winton: Oh. Vice Chairman Gonzalez: And I said that 1 will not give grants -- or I will not vote in favor of City of Miami Page 41 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 grants for for profits, OK, so I voted no. They got together with Mrs. Rodriguez; they negotiated to be a loan -- Commissioner Winton: Which is much better. Vice Chairman Gonzalez: -- with the creation of these 40 jobs or whatever, and then I say, well, then I'm willing to support this. That's what 1 told Barbara. In reference to the Enterprise Zone and the -- Commissioner Winton: Empowerment Zone. Vice Chairman Gonzalez: -- and the Empowerment Zone, it's my experience, Johnny, it's my experience, in my district, in Allapattah, 1 have had three or four big companies that tried to apply for loans with the enterprise zone, and let me tell you, I appreciate what you did at the last Commission meeting, that you nominated me to sit on the enterprise zone, because 1 want to know what's going on in there. Neither one of these businesses was able to get one penny assistance for their businesses. Trujillo & Company, which Commissioner Gort is very familiar with, what they did, they built -- they expanded their warehouse. They constructed a one -block warehouse. They invested close to $8 million in that facility there. They could not get any help on getting tax rebates. They could not -- they didn't get anything. The guy told me, "You know what, Commissioner, the amount of time that I've been wasting on this, 1 might as well, you know, invested in running my business" -- Commissioner Winton: Right. Vice Chairman Gonzalez: -- "and I'm going to be making a profit," OK, so that has been my experience with the Empowerment Zone. Enterprise Zone -- 36th Street, in my district, is the Enterprise Zone. 1 haven't seen any single, any single business that have gotten any kind of benefits on 36th Street. Commissioner Winton: The only point 1 was making about both those two isn't that they were good; it's simply that, from an economic standpoint, those are targeted zones, so -- Vice Chairman Gonzalez: Oh, yeah. Yeah -- Commissioner Winton: -- qualified. Vice Chairman Gonzalez: -- I know. 1 understand. Commissioner Winton: That's the only point 1-- I wasn't defending either -- Vice Chairman Gonzalez: Yeah. No, no, no. Commissioner Winton: -- because I understand how they don't do -- Vice Chairman Gonzalez: No, I understand. I understand what you were trying to do. What I'm trying to explain to you, because I've been involved trying to assist these business people in my district go through the process. Now, let me tell you, it's so frustrating. They just say, "you know, might as well forget it" -- Commissioner Winton: Yeah. Vice Chairman Gonzalez: -- "because I'm going to die in the process, "you know. I will die before 1 can get a penny for these merchants, so might as well forget about it, so the thing is that, yeah, these companies, they going to create jobs. One of them is going to expand, and the other City of Miami Page 42 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 one is going to be a new job in Allapattah, so the one in Allapattah -- and let me tell you, if the City of Miami -- we used to have target areas that were designated by HUD (US. Department of Housing and Urban Development) as very depressed areas. Well, I don't know. At one point in time, at one point in time, the entire City of Miami was designated a target area. I don't know who did that. 1 don't know for what purpose. I don't know if it's all right with HUD. 1 don't know. 1 don't want to know about it. I don't want to go into that, because I might create more problems than solutions, but before we could only do economic development or eligible activities under the HUD regulations in these target areas, like facade, like economic development, like code compliance. Well, now, we can do it everywhere in the City of Miami, even in downtown, and downtown is not a depressed area. Downtown is a -- Commissioner Winton: And that's why I've said this whole -- you know, I've been telling the DMP (Downtown Miami Partnership), I've said, "Pm not in favor -- unless it's now related to historic preservation, forget this -- you know, these damn property owners downtown ought to pay for their own stuff. We're commercial property owner; we can pay our own freight. Vice Chairman Gonzalez: But let me tell you, there has been critics, because people that are wealthy and own businesses in the City of Miami, have been applying for the Facade Program. Well, let me tell you, I don't have anything against that. As a matter offact, HUD rules does not say anywhere -- Commissioner Winton: I know. Vice Chairman Gonzalez: -- that you cannot provide services to "x" and ' y" because the company owns $20 million. It's a business, it complies, having a Certificate of Use -- Commissioner Winton: Well -- Vice Chairman Gonzalez: -- an occupational license, and so on -- Commissioner Winton: -- look at what Burger King -- Vice Chairman Gonzalez: -- and so on and so. Commissioner Winton: -- just got. Vice Chairman Gonzalez: So, you know -- as a matter offact, they just changed regulations, because before you could not do churches, you could not do gambling places, or bars, or any -- they changed the rules now. Now, you can do those businesses, too, so now -- Commissioner Winton: Go figure. Vice Chairman Gonzalez: -- we can even do the Miami Jai -Alai. Before, we couldn't do it, so you know -- I just wanted to, you know, take you through what these two enterprises are, and what -- you know, why I'm supporting it now; that it is a loan, and I would not support it if it was a grant. Commissioner Winton: And I'm with you, I wouldn't either. Vice Chairman Gonzalez: So I'm voting in favor of the motion. Commissioner Winton: Well, you've got to -- did you call for the vote? Vice Chairman Gonzalez: Oh, I'm sorry, I'm sorry. This is a public hearing. We need to open the public hearing. Anybody from the public wants to address this item, please come forward City of Miami Page 43 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 OK, seeing none, hearing none, the public hearing is closed. It comes back to the Commission. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: It's a resolution, correct? Mr. Fernandez: That's right, it's a resolution, and it's a bifurcated, or -- Commissioner Allen: Bifurcation. Mr. Fernandez: -- that -- Commissioner Winton: Right. Ms. Gomez -Rodriguez: The modification. Vice Chairman Gonzalez: Right. Mr. Fernandez: Right, modification. Vice Chairman Gonzalez: And we are only approving the funding for the Allapattah -- Mr. Fernandez: Correct. Vice Chairman Gonzalez: -- LLC -- Commissioner Allen: Right. Vice Chairman Gonzalez: -- right? Ms. Gomez -Rodriguez: Right. Commissioner Allen: Yeah. Vice Chairman Gonzalez: Right. Commissioner Allen: What does that amount total? Mr. Fernandez: Three hundred -- Ms. Gomez -Rodriguez: $300, 000. Commissioner Allen: Correct. Vice Chairman Gonzalez.: OK. Let -- now, let's take Telemiami. Do we have a motion on Telemiami? Commissioner Winton: No. My motion was -- Commissioner Allen: Your motion was to -- Commissioner Winton: I need more -- they can -- Vice Chairman Gonzalez.• what do you want to do with -- City of Miami Page 44 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Winton: -- bring it back later, maybe after 1 look at all the documentation -- Vice Chairman Gonzalez: OK. Commissioner Allen: It's a motion -- Commissioner Winton: Or if you want to vote on it now -- Vice Chairman Gonzalez: So you want to -- Commissioner Winton: -- I'm going to vote against it. Commissioner Allen: A motion to -- Vice Chairman Gonzalez: No, no, so you want to defer -- Commissioner Allen: A motion to defer -- Commissioner Winton: Yes. Commissioner Allen: -- it until further -- Commissioner Winton: Yeah, until Barbara and I have -- Ms. Gomez -Rodriguez: Right. Commissioner Winton: -- had a chance to go through it. Commissioner Allen: In furtherance of -- Ms. Gomez -Rodriguez: And then I'll bring you the information. Commissioner Allen: -- submittal of documents by Community Development. Commissioner Winton: Right. Ms. Gomez -Rodriguez: Right. Vice Chairman Gonzalez: OK. When do you want to bring this back, next Commission meeting? Commissioner Winton: What month are we in? Ms. Gomez -Rodriguez: In -- Vice Chairman Gonzalez: We are in June. Ms. Gomez -Rodriguez: The next one is July 7. Commissioner Winton: That's fine. Commissioner Allen: July 7. Vice Chairman Gonzalez: And then we'll be in recess until September. City of Miami Page 45 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Ms. Gomez -Rodriguez: And then July 28, and then you're in recess in August. Commissioner Winton: Yeah. I don't care, either one of them. Ms. Gomez -Rodriguez: OK. Vice Chairman Gonzalez: All right, so we have a motion to defer the Telemiami item. Do we have a second? Commissioner Allen: Second. Vice Chairman Gonzalez: And we have a second All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: Motion carries. Ms. Gomez -Rodriguez: Thank you. Vice Chairman Gonzalez: Thank you. City of Miami Page 46 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 ORDINANCES - SECOND READING SR.1 05-00524 ORDINANCE Office of the City Attorney Second 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 DELETING REFERENCES TO CERTAIN BOARDS AND AUTHORITIES IN THE SUNSET PROVISIONS OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 05-00524-ordinance FR-SR.pdf 05-00524-cover memo FR-SR.pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez 12698 Vice Chairman Gonzalez: All right, SR.1. Jorge L. Fernandez (City Attorney): SR.1, Mr. Chairman, is on second reading, in front of you, and this is the amendment to the ordinance where you delete certain boards and authorities from the sunset provision that you have. This is what bond counsel brought to my attention, that boards or authorities that have issued bonds should not be sunsetting. That calls into question their existence and jeopardize the bond, so this is on second reading, and that's what the ordinance provides for -- Commissioner Winton: So moved. Mr. Fernandez: -- the amendment. Commissioner Regalado: Second. Vice Chairman Gonzalez: All right. We have a motion. Do we have a second? And we have -- Commissioner Allen: Second. Vice Chairman Gonzalez: -- a second. This is a public hearing. Anybody 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. It comes back to the Commission. It's an ordinance. Mr. City Attorney. Mr. Fernandez: Yes. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: All right, roll call. Sylvia Scheider (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. City of Miami Page 47 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Ms. Scheider: The item passes, 4/0. SR.2 05-00539 ORDINANCE Second Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION RELATED TO Attorney MUNICIPAL ELECTIONS; CHANGING THE TUESDAY, NOVEMBER 8, 2005, CITY OF MIAMI GENERAL MUNICIPAL ELECTION TO TUESDAY, NOVEMBER 1, 2005, TO PROVIDE THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS SUFFICIENT TIME BETWEEN THE GENERAL AND RUN-OFF ELECTIONS TO ACCURATELY PROGRAM VOTING MACHINES, PRINT AND TEST -RUN THE BALLOT, AND PROVIDE SUFFICIENT TIME FOR PROCESSING ABSENTEE BALLOTING; DIRECTING THE CITY CLERK TO TRANSMIT CERTIFIED COPIES OF THIS ORDINANCE TO THE MIAMI-DADE COUNTY MANAGER AND ELECTIONS SUPERVISOR; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 05-00539-ordinance FR-SR.pdf 05-00539-exhibit 1 SR.pdf 05-00539-exhibit 2 SR.pdf 05-00539-email FR-SR.pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez 12699 Vice Chairman Gonzalez: All right, SR.2. Jorge L. Fernandez (City Attorney): Yes. Mr. Chairman, this is the second reading of the ordinance in which you have agreed to change the date for the next general election, and you have already been apprised of that. Also, immediately upon your consideration and passage of this ordinance, we need to take another vote with regard to the resolution, and the resolution calls for that special election at the new date. Vice Chairman Gonzalez: All right. Do we have a motion on this ordinance? Commissioner Winton: So moved. Commissioner Regalado: Second. Vice Chairman Gonzalez: We have a motion and we have a second. This is 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; comes back to the Commission. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: Roll call, Madam City Clerk. City of Miami Page 48 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Sylvia Scheider (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Scheider: The ordinance passes second reading, 4/0. Mr. Fernandez: And now that that ordinance has passed and is, in fact, effective, I would appreciate if the Commission would then take the resolution, which is immediately after that ordinance in your packet, and this is perfunctory, if you will, but it needs -- the election needs to be called for by the passage of this resolution. Vice Chairman Gonzalez: All right. You want to read the resolution? Mr. Fernandez: No, it doesn't need to be read It's simply a resolution calling for the election to take place. Vice Chairman Gonzalez: OK, we have a resolution to -- Commissioner Allen: I make a motion -- Vice Chairman Gonzalez: -- for an election to take place on November 1, 2005. Do we have a motion? Commissioner Allen: I'll make a motion to adopt the resolution. Vice Chairman Gonzalez: We have a motion. Do we have a second? Chairman Sanchez: Second Vice Chairman Gonzalez: And we have a second All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: Motion carries. Chairman Sanchez: All right. Vice Chairman Gonzalez: OK, DI 1 has been moved for 5 o'clock, I believe. Chairman Sanchez: Yeah. [SR.2] 05-00385a RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), MAKING PROVISIONS FOR HOLDING A GENERAL MUNICIPAL ELECTION ON NOVEMBER 1, 2005, FOR THE NOMINATION OF CANDIDATES FOR THE OFFICES OF MAYOR AND TWO COMMISSIONERS, AND FOR HOLDING A LATER RUNOFF ELECTION ON NOVEMBER 15, 2005, UNLESS ALL OF SAID OFFICES HAVE BEEN FILLED IN THE GENERAL MUNICIPAL ELECTION; PROVIDING FOR THE REGISTRATION OF PERSONS QUALIFIED TO VOTE IN SAID GENERAL MUNICIPAL AND RUNOFF ELECTIONS; DESCRIBING PERSONS QUALIFIED TO VOTE IN SAID GENERAL MUNICIPAL AND RUNOFF ELECTIONS; DESCRIBING THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS OF City of Miami Page 49 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 FLORIDA AND CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH THE CITY HAS ADOPTED AND DESIRES TO USE FOR HOLDING SUCH GENERAL MUNICIPAL AND RUNOFF ELECTIONS; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; AND DIRECTING THE CITY CLERK TO GIVE NOTICE BY PUBLICATION OF THE ADOPTION OF THIS RESOLUTION AND THE PROVISIONS HEREOF. 05-00385a-resolution.pdf 05-00385a-exh ibit. pdf 05-00385a-email. pdf Motion by Commissioner Allen, seconded by Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0389 Note for the Record: This resolution had originally been passed and adopted on June 9, 2005. Upon adoption of Ordinance No. 12699 (Item SR.2 above), the resolution was readopted with its second vote. City of Miami Page 50 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 DISCUSSION ITEM DI.1 05-00562 DISCUSSION ITEM Office of the City DISCUSSION REGARDING THE PENDING LAWSUIT CONCERNING Attorney FAMILY BOARDING HOME. 05-00562-email.pdf 05-00562-Settlement. pdf MOTION A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Winton, and was passed, with Commissioner Regalado voting no, and Commissioner Allen absent, to approve proposal number 2, with Family Boarding Home, Inc. of the state and federal cause of action solely dealing with the denial of the special exception for transfer of ownership. Chairman Sanchez: All right. The remaining PZ (Planning and Zoning) item is 29, and I believe that should be taken up right after we have the DI 1 discussion, correct? Jorge L. Fernandez (City Attorney): Not necessarily. It depends on the outcome of my presentation to you. Chairman Sanchez: OK. Well, we're going to go ahead and do that. 1 think that's in the best interest that we do that. Mr. Fernandez: To do what? Chairman Sanchez: PZ29 would be followed by -- I mean, will be -- Mr. Fernandez: It would be followed by my presentation, yes -- Chairman Sanchez: Right. Mr. Fernandez: -- if necessary. Chairman Sanchez: If necessary. Commissioner Allen: Right. Chairman Sanchez: OK. Mr. Fernandez: It means that, if you approve the settlement, it won't be necessary. Chairman Sanchez: Exactly. That's the point I'm trying to make. Mr. Fernandez: If you don't approve the settlement, then it would be necessary. Chairman Sanchez: So it'll be heard at five o'clock. Mr. Fernandez:: Correct. Chairman Sanchez: All right. Having said that, 1 believe that the only two items that are in front of us are the CRA (Community Redevelopment Agency) meeting, which Commissioner Winton is in the MPO (Metropolitan Planning Organization) meeting, and he has not arrived. 1 City of Miami Page 51 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 think that's only a budget. I believe that the Vice Chairman could handle that, if he would like to Commissioner Allen: Yes. Chairman Sanchez: -- handle that. Commissioner Allen: Yes. Chairman Sanchez: (INAUDIBLE) for a representative of the City Manager's Office to be here with us, and we'll go ahead and call the meeting into order. We were in recess. We have a time scheduled certain at 5 o'clock, really two. We have DI. I, which is discussion regarding the pending lawsuit pertaining to Family Boarding Home, and we also have PZ 29. At this time, what we'd like to do is read into the record any person who acts as a lobbyist pertaining to City ordinance must register with the City Clerk. At this time, therefore, any person making slanderous remarks or becoming boisterous while addressing this Commission, will be kindly asked to step outside of the Commission. Anyone who wishes to obtain an agenda five days prior to this Commission can do so by contacting the City Clerk's Office, and any person who seeks to address the City Commission, all they need to do is register with the City Clerk, come up and state your name and address for the record, and speak. On this item, how many people will be speaking on this item today? OK. Could you please stand up and be sworn in? Jorge L. Fernandez (City Attorney): Mr. Chairman. Chairman Sanchez: Thank you. Mr. Fernandez: That would be nice if you want to swear them in. This is not a public hearing. The purpose of swearing in is only when they're giving testimony as a result of a public hearing, so it's up to you how you want to conduct this meeting. Chairman Sanchez: Well, 1 don't have to swear them in, but I mean, we could swear them in. They're still -- I think they're entitled to speak on this Commission meeting, they're here. We could take a vote, if the Commission wants to. As the Chair, I think we should open up to the public; allow them two minutes per person. They've registered with the City Clerk, and 1 believe they're entitled under this item that's in front of us today. As the Chair, I would allow them to speak. If it requires a vote from this Commission, I am more than happy to accept the motion or make a motion. Commissioner Regalado: 1'll move a motion -- Commissioner Allen: 171 make a motion. Commissioner Regalado: -- to -- Commissioner Allen: Second. Commissioner Regalado: -- accept the Chairman's recommendation. Chairman Sanchez: I don't think we need a motion. I think that the Commission has stated very clear they will be allowed to speak. Commissioner Winton: And I think the City Attorney was only telling you that they're not required to be sworn in -- Mr. Fernandez: Thank you, Commissioner. City of Miami Page 52 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Winton: -- was the primary message -- Mr. Fernandez: That was the only point -- Commissioner Winton: -- not that they -- yeah. Mr. Fernandez: --1 was trying to make. Chairman Sanchez: All right. Point well taken. [Later.] Chairman Sanchez: At this time, what we'd like to do is we'd like to allow you the opportunity to present DI.1, and then the Commission will open it up to the public. Now, what I will ask is you'll have two minutes to come up and address the Commission. Please state your name and address for the record on the item. I hope that all of you have filled out one of the forms from the City Clerk, and what we ask that you don't become repetitious when you come up, then the Commission will make a motion or a second; entertain the vote, and then open it up for discussion, and then vote on the item, so having said that, Mr. City Attorney, you have the floor. Mr. Fernandez: Mr. Chairman, Commissioners, at the May 26 City Commission meeting, this Commission directed me to further analyze and provide options that best address the pending state and federal lawsuit in this case, in the Family Boarding Home case, taking into account the City of Miami's best interest. The following, my presentation to you, very brief very precise, is to provide you with some guidance to this effect. On March 28, the Family Boarding Home filed in the circuit court a Writ for Cert (certiorari), and an emergency petition for a Writ of Stay against the City in relation to the denial of the special exception for the change of ownership, that is the only issue that's the subject matter of the lawsuits that is being proposed to be settled. The petition for Writ of Cert is pending in the state courts. As you were previously informed also, the emergency petition for Writ of Stay was remanded to this City Commission. That is, the state court, pursuant to the rules of appellate practice, determined that the City Commission is the adequate tribunal to address the stay. Hence, PA -- PZ.29, which is an item that, if you deny the settlement, or if you refuse to enter into the settlement, then you must take up what the circuit court sent back to you to deal with the stay of that proceeding. The federal lawsuit -- on May 9, the Family Boarding Home filed in the United States District Court for the southern district of Florida, a complaint against Commissioner Gonzalez, Commissioner Regalado, Commissioner Winton, and Commissioner Sanchez, and the City. The City requested and was granted an extension of time to respond to the complaint, and we represented to the court that the reason for that extension of time was to explore, as directed by this Commission, potential settlements with the plaintiffs. The federal lawsuit raises several counts. It's a ten -count complaint, and basically -- and you're very familiar with it because you have read it, and it has been explained to you. Violation offederal law by purposeful discrimination on the part of this Commission in the denial of a special exception, violating the Fair Housing Act, violating the equal protection clause of the 14th Amendment, a 1983 cause of action because of violation of due process, and several other counts. The import of that federal lawsuit as has been explained to you, is that you're being sued in your individual capacity, as well as the City of Miami is being sued for the decision that you rendered of denying a special exception for the change of ownership to the applicant. As you know, that decision was made contrary to my best advice to you at the time, and therefore, at this time, consistent with my previous recommendation and advice to this board, I recommend to you a settlement that has been proposed by the plaintiff to settle the state cause of action, and to settle the federal lawsuit only. We are not settling today; we're not addressing any of the pending code enforcement issues that would be the subject of appeals and cross appeals between Family Boarding Home and the City of Miami. We're looking only at addressing the very limited issue of the denial of the special exception for transfer of ownership. City of Miami Page 53 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 By doing so, we will be able to get a dismissal with prejudice in both the state cause of action and in the federal courts; so, in an effort to adequately provide the best legal advice and guidance that 1 can to you in this regard, I met with Mr. Chonin and we discussed possible settlements. After many discussions, Family Boarding Home indicated that they would consider a voluntary dismissal with prejudice of both cases, as I've stated to you, in exchange for the following: Number one, that the City Commission will consider the repeal of Section 934.3 of the Zoning Ordinance 11000 of the City Code, which is that provision that requires that ALFs (Adult Living Facilities) and only they, and nobody else, must apply for a special exception for change of ownership. The reason why I stated it in these terms is that a change to the Zoning Ordinance must be processed. You cannot have an emergency change of a zoning condition. You must put this through the Planning Board. It must come to you on first and second reading, and during this time, there is an opportunity for the public to give input, and to be fully advised as to the implications of that change, and the reason for that change. When it comes to you on first and second reading, then you will have an opportunity, at that time, considering and taking into account all the evidence and testimony, to vote it up, or vote it down, the elimination of that provision. If you vote against the elimination of that provision, then, in essence, you don't have a settlement, at the end of the day. The settlement, at the end of the day, will be contingent on the City, after full consideration and fully processing this change in the Zoning Ordinance, voting affirmatively to eliminate that section, which 1 have represented to you in the past, and I reiterate my representation it is unlawful and unconstitutional, and I should have been removed a long time ago. The second condition of this settlement is that the -- Family Boarding Home will dismiss with prejudice a state lawsuit if the City Commission grants a special exception for the change of ownership, which is the subject, of course, of the settlement. The next condition, the third condition, is that the City agrees to reimburse to Family Boarding Home reasonable attorneys' fees and costs for the time and effort that they have spent in perfecting these lawsuits against you individually, and against the City. The next condition is that Family Boarding Home will then release the City and the Commissioners, officers, employees, or agents up to and including the date of this stipulated settlement agreement order, and the final condition, which I find to be very important, is that the courts -- the federal courts, as well as the state court -- will retain jurisdiction to enforce the terms of the stipulated settlement agreement. It is my advice to you that it would be in the City's best interest, and in your individual best interest to consider the settlement of the pending lawsuits by entering into this stipulated settlement agreement. If you desire to enter into this settlement agreement, then you must direct the City Manager and me to prepare legislation in accordance with the stipulated agreement, which is to put through the cycle of -- the zoning change, and direct the City Attorney to then sign and execute the settlement agreement on your behalf That's my presentation, Mr. Chairman. Chairman Sanchez: All right. Thank you very much. The order of the day, what we'll do is, we'll allow all those that signed in with the City Clerk two minutes. Commissioner Winton: Wait, wait. Chairman Sanchez: And then -- Commissioner Winton: There's two separate issues here. There's two separate issues; is there not, Mr. City Attorney? What am I missing here? What you just described to us is a stipulated settlement that deals with getting us individually off the hook from a personal liability. Mr. Fernandez: Correct. Commissioner Winton: There's a second issue that you didn't talk about at all just now, if I understood this correctly, which relates to code violations. Mr. Fernandez: Correct. City of Miami Page 54 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Chairman Sanchez: Option two. Commissioner Winton: Is that not correct? Mr. Fernandez: Well, the -- as this item initially traveled to you, there were two proposals, and I have given each of you copies of my cover memo with two proposals; proposal one, which is the one that I'm not recommending, and proposal number two, which is the one that I'm recommending. Both proposals are acceptable to Family Boarding Home. The first proposal contemplated the possibility of settling the state cause of action and the federal cause of action, as well as settling and disposing of all pending code enforcement issues that are the reason for a lot of potential appeals and cross appeals between the City and Family Boarding Home. The second proposal is one that only contemplates -- Commissioner Winton: Which is the one you just read to us. Mr. Fernandez: The one that 1 just read to you; the state cause of action and the federal cause of action, which only have to do with a change of ownership, leaving intact, for another day, for a battle in court in front of a circuit court judge, all the issues relative to distance requirement, being in the proper zoning -- Commissioner Winton: OK, got it. Mr. Fernandez: -- perhaps, parking, all of the other issues that are subject of the code enforcement process. Commissioner Winton: I'm crystal clear, so Mr. Chairman -- Chairman Sanchez: Yes, sir. Commissioner Winton: -- I didn't understand what the subject was relative to public participation, but let me be as clear as I can be to my fellow Commissioners and to the public, as clear as I can be, not trying to be arrogant or dismissive, but 1 didn't run for public office to put my personal wealth at risk. That wasn't part of the deal. It will never be part of the deal, and I will never serve in any capacity where I'm risking my personal wealth, period; and so, you know, the public can say what they want. They're not paying my bills. They don't have to write my mortgage check. They don't have to write the check to put my kids through college. They don't have to do any of those things, so with all due respect, you know, I care immensely about this subject as it relates to what's going on in the neighborhood, and I was very vocal about that, but 1 am not interested in what the public has to say about me risking my personal wealth, and I don't care what they say. I'm going to take whatever step I have to take to see to it that I'm no longer named as personal defendant in this case, end of story, so -- and I'm not trying to be arrogant. I'm not trying to be mean to the neighbors, but the facts are the facts. I'm not leaving my neck out there so that my family can sit out on a street and be homeless if 1 made the wrong mistake, or if we lose in court. I never signed up for a job that said I'm going to take an action that's going to put me personally liable, as opposed to the City being liable, and everyday we sit up here and make decisions, we make decisions about the public good, and we create liability for the City that the taxpayers have to pay for, and we try to do that to minimize that liability. This isn't about the taxpayers. Chairman Sanchez: But before -- Commissioner Winton: This is about me. Chairman Sanchez: 1 understand, but why don't we do something. Before we get into this debate or discussion, let's allow them the opportunity because there's two issues on both City of Miami Page 55 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 proposals. One, you're talking about the settlement of the state and the federal, and the other one you're talking about just the Code violations that will con -- Commissioner Winton: No, we're not talking about Code violations right now. Make that -- Mr. Fernandez: Code violation is not an issue. Commissioner Winton: This is not on the table. The issue that we're dealing with right now has nothing to do whatsoever with the ongoing issue relative to Code violations. Chairman Sanchez: I don't -- Commissioner Winton: This is only the issue that settles the part of the lawsuit that relates to our personal liability. Doesn't -- Chairman Sanchez: What -- Commissioner Winton: It doesn't change anything -- Chairman Sanchez: Johnny, I think you've made your point. Commissioner Winton: -- about the Code violatons. Chairman Sanchez: I think you've made your point. Now, what I think that we need to do is, 1 believe that they're entitled to come up here and, of course, not question you about your personal liability and stuff, but I'm sure that they want to put some comments on the record as to items or issues that affect them as to the quality of life -- Commissioner Winton: This -- there isn't anything that they can -- this isn't about the quality -- the quality of life issues are still on the table. We're not erasing those issues. They don't come off the table. Chairman Sanchez: Well, as it is right now, there are two proposals. We decide -- do you want to decide which one you want to pursue and debate here? Commissioner Winton: Yes. We're -- the City Attorney is recommending the second one, which I'm hugely supportive of which has nothing to do with the specific issues relative to quality of life in the neighborhood. His proposal only deals with the federal and state issues related to our "unlawful act." Doesn't have anything to do with the quality of life issues. He's recommending that we not accept their recommended settlement that includes those things. Chairman Sanchez: At the end of the day, this legislative body is going to make the action so deemed well for the City, but I'll tell you what I do see is setting a bad precedence, is not allowing them to talk on an issue that really not only affects them, it affects us and the entire City. Commissioner Winton: No, it doesn't. Excuse me, Mr. Chairman. This item affects me; me personally and you personally. Your house goes away. Your bank account goes away. Commissioner Regalado: Mr. Chairman, I need to -- Commissioner Winton: You don't know what you're talking about. The City Attorney just said it. Chairman Sanchez: Let's -- listen, let's have a civilized -- City of Miami Page 56 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Winton: So -- excuse me. You're dead wrong. Chairman Sanchez: Johnny, you have the floor, but listen -- Unidentified Speaker: Your City Attorney needs to talk about (UNINTELLIGIBLE) -- Commissioner Regalado: Ma'am, excuse me. Chairman Sanchez: Ma'am, ma'am -- Commissioner Winton: You're not the City Attorney, excuse me. Chairman Sanchez: Ma'am, we'll debate that. Commissioner Winton: You're not the City Attorney, and I'm not -- Commissioner Regalado: Mr. Chairman, please. Commissioner Winton: -- listening to you. We pay him. Commissioner Regalado: Mr. Chairman. Commissioner Winton: And I'm not doing anything -- just so you're clear, crystal clear, I'm not doing anything that puts my family wealth at risk. Chairman Sanchez: Ma'am, you're out of order, ma'am. Please, if you want to talk, you will have an opportunity, hopefully, to come up here and express what your concerns are. Johnny, are you done with your statement? Commissioner Winton: Yes. Chairman Sanchez: OK, Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. Just to the point, the fact of the matter here is that the City Attorney, thinking that he's representing the best interest of the City of Miami, this is why he's here for, is proposing a settlement to get us Commissioners off the hook, but the fact of the matter is that we don't know if we are personally liable. We have to go to court to understand this. I have spoken to five different attorneys, which do not have the same thinking of the City Attorney. I understand the City Attorney has done a lot of research, has ample staff to work on the case law. However, we decided, with the advice of the City Attorney, to hire outside counsel, a person that worked in the County doing this same thing, and mind you, defending individual Commissioners when they were sued in the County. We paid good money. Because of the good advice of the City Attorney, this City Commission hired outside counsel to help us on this case; actually, $75, 000. That attorney that we hired said to me that it is his belief and the case law, that we are not personal liable. Other attorneys that 1 have consulted -- I have consulted the attorneys for three different municipalities, and they have told me that people have filed suit personally against different Commissioners, and they -- those suits were dismissed in court, but we don't know yet because we have not gone to court in order to try to dismiss this. The only case law that the City Attorney may present to you is a case in Hollywood, Florida, but this is one single Commissioner who sicced code enforcement on a synagogue every day of the week, and he was sued personally, and then it was found that he was personally liable for this situation, but it wasn't the body. It wasn't a decision taken. I remember that I got sued personally on my first month, in 1996, here when on a zoning case, I said, when there was a dispute between a church and a bar because of the parking lot, I said at that time --1 didn't know that, you know, you are not supposed to speak what you think if you are a politician, that I said, City of Miami Page 57 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 "Well, bring me anytime because I'll always vote for a church instead of a bar, " and I got sued, but the City Attorney defended me, and we -- I was off the hook. The issue -- Commissioner Winton is right -- is whether we should vote for the settlement or not to get us off the hook, but the fact of the matter is that we only have the opinion of the City Attorney, which we should follow, but in this case, as he recommended, we went outside the City Attorney's Office; hired a person. That person has not officially tell the members of this Commission whether we are personally liable, or that person has not recommended, as his job description said, that we should or we should not settle, so to me, it's very premature, but furthermore, if this board settles this suit today, we are opening not a window, but the floodgates to everybody who wants to sue because I remember that this Commissioner supported the decision of the then City Manager Merritt Stierheim to send then Fire Chief Carlos Gimenez, now County Commissioner Carlos Gimenez, with his troops through the streets of Miami, knocking on houses and saying, "Lady, gentleman, do you have an illegal unit?" "Yes, we do because we have, you know, we have our aunt lives here." "Don't worry about it. The only thing that you need to do is you have to pay double solid waste, " and that way we raised millions of dollars because the City was bankrupt. The City, at that time, sort of looked the other way on the illegal units. Now the City is going after the illegal units, very well so, but some people may say, "Look, I've been paying double. You told me that it was almost OK because I've been paying double, and triple" -- triple in various cases. I remember exactly 383 cases triple Solid Waste because I had three illegal units; now we're going after them. Furthermore, if we settle, Mr. City Attorney, my colleagues, we will be creating this afternoon a new law in the City of Miami because the state -- here's the state regulations. I've gone -- by the way, this is not a new issue for me. 1 have done my work -- my homework on this. Jackie Cotarello, she went with me on 1997 several times to Luis Morse office when Luis Morse was state representative, and we discussed this issue; 1997, 1998, we went there many times, Jackie and several residents of Shenandoah. The state law is very clear. Six residents or less are allowed in residential areas. After six residents, it needs municipal approval. It is in the Code of the City of Miami. It's in the Zoning Code. It's in the state law. If we approve this, ladies and gentlemen, my colleagues, you will be creating a new law because we're approving more than six people -- we're legalizing more than six residents in houses in residential areas. Commissioner Winton: Is that true, Mr. City Attorney? Mr. Fernandez: Of course not. Commissioner Winton: I thought not. Commissioner Regalado: Well -- Commissioner Winton: We're approving a transfer of ownership. Mr. Fernandez: That's the only thing you're approving, sir. Chairman Sanchez: 1, as the Chair, would try to, you know -- Commissioner Regalado: Well, 1-- Chairman Sanchez: -- maintain decorum and -- Commissioner Regalado: -- if you allow -- Chairman Sanchez: If you still have the floor, I think -- Commissioner Regalado: I do, 1 do. City of Miami Page 58 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Chairman Sanchez: You having the floor, I think that the Commission has decided to first express their concerns, but I'll tell you this much, the residents that have been battling this for many years deserve at least two minutes to get -- Commissioner Regalado: Oh, absolutely. Chairman Sanchez: -- up here and address this Commission. Commissioner Regalado: I agree. I'm just saying that what we're doing here with this settlement is not only making a decision to get us off the hook, it goes beyond that. I'm just saying that this is a bad settlement. I'm just saying that we should reconsider, have more information, and you know, get input from the people that we hired under the guidance of the City Attorney, which we have not gotten the input from Mr. Maxwell, whom we are paying taxpayers' money. Mr. Chairman, 1 just wanted to address that issue because I think that this is not -- and 1 understand my colleagues, and I wish that the attorneys for the homes will say, "OK, let's sue the area Commissioner, only the area Commissioner." Well, I'm all for it. Get my colleagues off the hook and sue me. Bring it on. I don't have a problem, but -- Commissioner Winton: Please do. Applause. Commissioner Regalado: -- I'm saying -- Commissioner Winton: I second the motion. Commissioner Regalado: Good. Chairman Sanchez: All right. Commissioner Regalado: And 1-- Chairman Sanchez: Let's try to maintain some order here. Are you done, Commissioner Regalado? Commissioner Regalado: I'm done. Chairman Sanchez: All right. Vice Chairman Gonzalez, sir, you have the floor. Vice Chairman Gonzalez: I'm sorry. I'm just going to make one statement because I have more to say, but I'm going to wait for the residents to address the Commission, but I can tell you, my personal attorney has been an attorney for almost 40 years in federal court. 1 spent the afternoon yesterday and part of the night discussing this lawsuit with my attorney, and you know what he told me? You will lose this in court. You have violated the constitutional right and the laws established by the Supreme Court of the United States, so you are in total violation. This case is indefensible; you will lose it, and you will pay for it, and that's an attorney that has been an attorney for almost 40 years in federal court. That's all I have to say. You know, I have much more to add later on, but I'm going to let the residents speak. Chairman Sanchez: All right. Vice Chairman Gonzalez: And also, I agree with Johnny. I didn't get elected to put my family's security in the line. I got elected to act responsibly for the betterment of the City of Miami and the district that I represent, but not to put the future of my daughter and the education of my daughter, and my family at risk. City of Miami Page 59 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Chairman Sanchez: Commissioner Allen. No. Mr. City Attorney. Mr. Fernandez: Mr. Chairman, just very briefly to address Commissioner Regalado's concerns before it gets lost in everything else. The first issue, or one of two issues he made that I'd like to briefly respond, you're not creating new law today. What you're doing, by adopting, by accepting this settlement, is you are taking one more step in the lengthy journey that this City is embarked upon to become a world -class city. You are beginning to show respect and consideration for individuals' rights, for constitutional rights. You're taking the right decision. It's in the best interest not only ofyou as individual Commissioners, it's in the best interest of the City of Miami, constitutionally, formally, legally, and also, as a matter of course, the course that the City has embarked on. With regard to Mr. Maxwell, and his name should be on the record, Mr. Maxwell was not retained by this Commission. Mr. Maxwell was retained by me, as your attorney, to represent the City on the limited case of the state course of action, not on the federal cause of action. I have met with Mr. Maxwell. Mr. Maxwell owes me, as his employer, or the relationship that we have, and owes this City, ultimately, whatever decision the City makes, with a duty of care. I am waiting to receive the fax from my office to share with you information contained in his billing to me because I have terminated our relationship. 1 have informed him that I -- he would not have ever been retained to represent individual Commissioners, or the City in the federal cause of action. 1 only retained him for the state cause of action, so I asked for him to submit his bill. When I got his bill, there were several items entry into that bill where he had engaged in conversations, without my consent, without my knowledge, and certainly, without any of your approvals, with the Miami Herald. He had engaged in several conversations and concerns with the homeowners' association, without my direction, without my -- Commissioner Winton: Wow. Mr. Fernandez: -- anything, so Mr. Maxwell's motive, Commissioner Regalado, in him talking to you without consulting me, perhaps, may be violative of a whole lot of other things, but that would be another issue for another day. You need to know that there is not $75, 000 promised to Mr. Maxwell or anybody. This Commission, 1 have come to you anticipating having to defend the City, not anticipating to represent you individually, but the City, and I've asked for a sum total of $75, 000, of which you had already approved, even before 1 became City Attorney, 50, because this issue has been traveling through the City for the last year and a half, almost two years, and so to make the record very clear, any alluding or any references to that gentleman, or any questions or opinion that he may have, need to be looked very askance by you, and the last comment that I have to make is we would not be the United States of America, and we would not have courts if there were not two -- if all attorneys did not disagree on every issue. You have hired me to be a constitutional officer of this City to give you the best legal advice that I can, and that's what I have done, irrespective of Mr. Maxell, irrespective of anybody else. Commissioner Winton: Could you speak to the issue of sovereign immunity, please? Mr. Fernandez:: 1 certainly can. It's qual -- it's either absolute immunity or qualified immunity. When the City Commission acts in its legislative capacity, when you're passing laws, you -- and you get sued, you can claim absolute immunity, because in your legislative capacity, that's what the law provides. When you're acting in your administrative, or quasi-judicial, or executive capacity, and you make a decision and you get sued, all you can claim is qualified immunity. Qualified immunity is very powerful. Qualified immunity gets a lot of public officials off the hook, after you go through the trial process, after you make all the motions and the like; but the courts have developed a test for qualified immunity. You blow qualified immunity and you cannot claim it when you violate a well established law. The family -- the Fair Housing Act, as well as the ADA (Americans with Disabilities Act), as well as a host of other cases, which 1 have shared with you because, of course, as you know, 1 have delivered and explained, and worked with each ofyou on the contents of this entire notebook, has very clearly established law that City of Miami Page 60 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 says that denying equal access or accommodation to handicapped individuals, or disabled individuals, or the -- your constituents, who happen to live in those homes that are protected classes individuals is a clear violation of the law, so your ability, in my opinion, to claim qualified immunity, knowing full well -- because when this decision came up to you first, when the application for the special exception came, I talked to you about that and I tried to persuade you, but I wasn't as persuasive as Mr. Maxwell was. Perhaps, one of the reasons 1 hired Mr. Maxwell to represent us in state court was precisely because he might have carried the day in state court with a writ that had been filed. However, it is my opinion, as well as the opinion of many other attorneys, that your ability to claim qualified immunity for the decision you have made of denying a special exception for change of ownership, a condition that you don't impose on absolutely anybody else is contrary to law, is well established, and in my opinion, it will not be afforded to you. Perhaps, if --1 hope it is. 1 hope that, at the end of the day, if this Commission takes a decision different from the one I'm recommending, that your individual counsel will help you prevail on that claim. Commissioner Regalado: For the record, Mr. Chairman, and to establish the record, Mr. Maxwell did not call me. 1 called him for -- and for the record, we did approve some money, so in a way, we directed the City Manager -- the City Attorney to hire anybody who he wishes to hire to represent the City in that case. By listening to the City Attorney, I am sure that I'm going to get personally sued because of the sexual predator ordinance that I voted for -- Mr. Fernandez: No, sir. Commissioner Regalado: -- because that is a special group of persons that we're also discriminating in the City of Miami, so guys, expect another individual suit by the ACLU (American Civil Liberties Union) or any agency of that sort, so let's -- how do we settle that one? Mr. Fernandez: You don't because that's legislative, and you know the difference, Commissioner Regalado, when you act in your legislative capacity, versus when you're acting in your quasi-judicial or administrative capacity. You know that difference, and at the onset, I said that you have absolute immunity for legislative action, and that you only have qualified immunity for administrative action. Commissioner Winton: That is what he said. Mr. Fernandez: And in passing the sexual predator, you, my friend, are entitled to absolute immunity, and I've said that all along. Chairman Sanchez: All right. I will save my comments for after I have listened to the public, so at this time, we'll open up to the public. Those that have signed in to speak with the Clerk's Office will have two minutes, and please try to keep it to two minutes. All right. I guess, Maxwell, you're first. Augusto E. Maxwell: Well, my name has come up in several contexts, and I just wanted to address a few issues. As you know, 1 had represented the homeowners before you in the special exception application, and 1 made certain representations to you as to what I thought the law was, and the chances that you would have in prevailing in that federal lawsuit. 1 have not seen anything to change my mind, one way or another. To the extent that you would wish to discuss those things with me or someone else in detail, I would recommend that you do not do that in a public setting, but the Florida Statutes allow you to have an in camera discussion, where I could speak more frankly and more liberally about the risks, and the strategies that you may or may want to take in that lawsuit. Also, as you know, I did not ask to represent you. I was approached and asked to represent the City. When I told my managing partner that I had agreed to represent the City at half of my rate, he fell out of his chair and protested, and 1 argued that I thought it was the best thing to do. I only endeavor to represent your interests with respect to the City of Miami Page 6/ Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Florida Boarding Home federal lawsuit because 1 received correspondence from the City Attorney advising me that you had approved, and directed me, by name and by firm, to represent you in that matter, and based on that understanding, I moved forward to do the best thing that 1 can do for you, and that involves speaking to the media; it involves speaking to co parties that share the same interests that you do. If I exceeded the City Attorney's directions or philosophy, I apologize. I was in contact with his assistant throughout, and to the extent that my representation of you fell short of his expectations, I'm sure I bear some responsibility for that, but I assure you that 1 only moved forward, having been asked, having received the information that asked me to represent you. I have done so, again, at a pro bono rate, and I honestly believe that your position and your decisions were fair, and 1 looked forward to the challenging task of develop -- of defending that in court. I have not had a conversation with your City Attorney as to independently assess his reasons for recommending the settlement, and for that reason, 1 take no position on what you should do on that matter, but I am, of course, available to you should you decide you want my input. Thank you. Chairman Sanchez: Thank you. All right. Next speaker. Please state your name and address for the record. Jorge Schmidt: My name is Jorge Schmidt. My address is 1820 Southwest 12th Street. The Chairman, members of the Commission, 1 am an attorney, but I'm not here being paid by anybody. I'm a resident of Shenandoah. Like to bring to your attention another lawsuit that Mr. Regalado was a defendant in, in 1996. (UNINTELLIGIBLE) the City of Miami. It was a federal lawsuit; 96 CV 3327, in which every Commissioner was sued individually for civil rights violations. In that case, the City paid for the Commissioners to receive independent counsel. Commissioner Carollo was represented by Kendall Coffee; Commissioner Gort, by Howard Leonard; Commissioner Plummer, by Greenberg Traurig; Commissioner Regalado, also by Greenberg Traurig; Commissioner Hernandez, by Holland & Knight. Now, I don't see any difference in the circumstances here, in which you have also been sued personally, and in which the City can certainly afford for you to obtain personal representation by outside counsel, especially given the circumstances in which this case had developed As the City Attorney has referred, he spoke very much against the decision that you made, and then seeking to represent you personally, as well as the City. Knowing that some of you were opposed to the course of action that he proposed, also represents a conflict of interest for him, as a lawyer, because he owes a duty of loyalty to you, individually, as well as to the City, and when that degree of loyalty is in conflict -- that is, when you have two clients whose goals cannot be reconciled, as a lawyer, at the very least, you have to obtain a waiver from those clients, which I believe has not happened in this case, and the way to resolve that is for you to obtain independent counsel. Many of my neighbors, I'm sure, will speak about the effect that this settlement will have on the neighborhood of Shenandoah, and on the City of Miami generally. I just wanted to make the legal point that this is not the first time that City Commissions have been sued personally. It happens all the time. It happened to the members of the Miami -Dade Commission all the time, and there's nothing to be concerned of at this point. If a judge were to find that, in fact, you do not have qualified immunity, 1 don't think there's a single resident here who would oppose your settling, even on the terms that have been proposed here. It is just, right now, too soon to give everything away because this settlement is -- gives -- leaves nothing for the City and gives all to Family Boarding Home on nothing but their say-so. Thank you. Chairman Sanchez: Thank you. Next speaker. Commissioner Regalado: Just to mention, Mr. Chairman, I did was sued personally in 1996, and the counselor's right; the City did pay for -- Commissioner Winton: We understand. Commissioner Regalado: -- independent counsel. City of Miami Page 62 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Chairman Sanchez: Ma'am, state your name -- Mr. Fernandez: Mr. Chairman. Chairman Sanchez: -- and address for the record. Rebeca Sanchez-Roig: Rebeca Sanchez-Roig, 1829 Southwest 12th Street. 1 am a homeowner and an attorney by trade. There's a significant amount of case law that defends qualified governmentally immunity for elected officials. If we don't have -- as officials, if you don't have either absolute or qualified immunity, government comes to a stop; decisions could never be made. Any and all actions, decisions, legislative enforcement, or otherwise, would be subject to personal lawsuits. That would mean anything from whether, legislatively, the sexual predators are allowed, or a special exception is denied, or any other type of decision that you make. When you bootstrap a personal lawsuit into a -- what may appear to be a legitimate lawsuit, it's smoke and mirrors. What happens here is we take away the focus -- we eliminate the focus from what the real issue is, which is over 14 years violation of the law, and we throw it on each of you in threatening manner, so that each of you believe that somehow it's going to come out of your pocketbook. It's too -- it's premature to even begin to go down that road. Not only does this settlement ex -- further expose the City, but this settlement will inevitably expose other elected officials to personal lawsuits. It won't just be the City of Miami; it'll be Coral Gables, Pinecrest, Key Biscayne, because anytime and every time you make a decision that someone disagrees with -- and that will be every time -- you will be -- you will have opened the door to a personal liability lawsuit. We see these everyday in my practice. This is nothing to be afraid of. We -- and with all due respect, sir, 1 agree with my neighbor, Mr. Schmidt. 1 think there's a conflict of interest here. There's something much more ethically sinister with respect to this representation. I haven't been able to figure -- to understand why you would be advised to enter into an agreement that can potentially expose you, again and again, in every other decision that you make, and your colleagues, and those other elected officials, and elected officials from other municipalities to personal lawsuits for every decision that's made that someone doesn't agree with. Chairman Sanchez: Thank you so much, ma'am. Ms. Sanchez-Roig: Thank you. Applause. Chairman Sanchez: Now, most of you have been here many, many times before, and you know that that is not acceptable here, so please refrain for expressing your cheers, or boos, or whatever. Ma'am. Linda Schmidt: Good afternoon. My name is Linda Schmidt. My address is 1820 Southwest 12th Street, and I'm also an attorney. I'm here, though, speaking to you as a resident, and as a concerned citizen. The issue before you is that on February 24, you all voted 4 to 1 to deny a special exception permit to Family Boarding Home, Inc. Family Boarding Home, Inc., understandably, did not like that decision. What did they do? Instead of submitting to the process, the appellate process through the state circuit court, which they did -- the City proceeded to submit through that -- instead, they decided to personally sue you in federal court. Echoing the comments of the previous speaker, that now exposes you to a federal lawsuit, or to any type of lawsuit, state or federal, every time you make a decision that someone doesn't agree with, and it sends the wrong message, Commissioners. It tells the public that, if you don't get your way, sue the Commissioners and they'll back down. I know that this Commission wants to do the right thing, and I know that you are concerned, as you should be, for your personal business. That is why I urge you to seek outside counsel. Don't rush to settle. 1 believe that City of Miami Page 63 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 what outside counsel will do is they will immediately file a motion to dismiss to remove you from the lawsuit. That is basic; that is standard procedure. Together, with that motion to dismiss, while the court is considering that, your outside counsel or any counsel would seek to stay discovery. That means you will not be deposed. That means you will not have to turn over personal documents. That means that your personal assets and your personal information will not become public because the court is considering the motion to dismiss, and given the case law, Commissioners, and respectfully, I believe that the court will find that you do have qualified immunity for your decision, but even if the court does not, please take the time to seek that outside counsel. Get that second or third opinion from attorneys that are qualified in land use and zoning, and have the City, our taxpayer dollars, pay for your defense, just like we've done in the past. You owe us the time and the patience to truly examine this issue, and we're asking you to please consider that and do that, and not rush to settle. Thank you. Chairman Sanchez: Thank you. Next speaker. Lazaro Priegues: Hello. My name is Dr. Lazaro Priegues. 1 am a resident of Shenandoah. I'm a physician. Every day I go to work -- I've been a physician for 18 years. Every time I see a patient, I have to worry about whether I will be sued. Nonetheless, I do what is the correct thing. If I were to be paralyzed by fear, I -- there is no way I could run my practice, or actually help people who need my help. I believe that this also applies to the City Commission. 1 think you need to analyze what is the best thing for the community. As far as the City is concerned, 1 do believe the City can step up to the bat and help you all, and defend you all, the way it has in the past. Even if it's expensive, 1 think that gutting the central neighborhood of Shenandoah, gutting it completely will, in the long run, be a more expensive problem for the City than defending you because that is one of the most -- it is the central neighborhood in Miami; it's old. It's got history, so please consider the monetary repercussions of being penny-wise and pound-foolish, and also, please remember that if you are an elected official, the onus is on you to really, to do what's right for your community, and to understand that if you were to go into work every day fearing a personal lawsuit, that you could not do your job, and a lot of other people who have other types of jobs have to deal with this, and we someone have -- for eight -- I, personally, for 18 years, have figured out a way to do it. I'm sure that you are capable of figuring it out for yourselves. Thank you. Hugh Ryan: Thank you, Mr. Chairman, Commission. Chairman Sanchez: Yes. Hold on -- Mr. Ryan: I'm sorry. Chairman Sanchez: 1 believe -- Vice Chairman Gonzalez: Sir. Chairman Sanchez: -- the Commissioner has -- Vice Chairman Gonzalez: Doctor. Chairman Sanchez: -- a question for you. He's entitled to question you. Vice Chairman Gonzalez: Doctor, 1 have a question. Chairman Sanchez: Doctor, could you please come up? Vice Chairman Gonzalez: You're an MD (doctor of medicine), right? City of Miami Page 64 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Mr. Priegues: That is correct. Vice Chairman Gonzalez: Do you have malpractice insurance? Mr. Priegues: I do not. Vice Chairman Gonzalez: You do not? Mr. Priegues: I have chosen not to carry malpractice insurance, and I have never been sued in 18 years because the way I practice is the right way to practice. Vice Chairman Gonzalez.: OK, thank you so much. Mr. Priegues: And I do things based on what is correct, not what is my fear. Vice Chairman Gonzalez: Thank you. Commissioner Winton: Show us your assets. Mr. Ryan: Thank you, Mr. Chairman, Commission. Hugh Ryan, 1860 Southwest 11 th Street. I'm the president of the Miami Shenandoah Neighborhood Association. 1 guess, first off, I'd like to comment. I have no idea how this creates a world -class city. This perpetuates a third-rate corner of our neighborhood, and that's a fact. You probably know how we feel, from all of our e-mails (electronic mail), correspondences. We've been fighting this for years, since Jackie started it, but the process has been two and a half -- at least two and a half years now. This settlement will make a joke of the existing laws. We are also the best interest of the City. We are the lifelong residents, the voters, the people that are trying to make a difference where they live. We understand -- we don't want anyone to be sued We just think it's premature. We think it's premature to settle. We don't want personal liability for any of you, and we respect your decisions. Here we have 40 to 50 residents taking off work to come here for the third, fourth, fifth time on this case. It's deep in our hearts, and we love our neighborhood. We just think that this is way too early to throw in the towel, and 1 would like to open it up to the rest of them. Commissioner Winton: Mr. Chairman. Chairman Sanchez: Yes, sir. Commissioner Winton: I'm missing something here, and maybe the City Attorney, or maybe one of the residents will clear it up for me. Every single one of them has said we're gutting Shenandoah neighborhood Is there something in this settlement that I'm missing? What you -- what I heard you say is that the part of the lawsuit we're settling, and the only part we're settling is the part that gives the special exception that allows a transfer of ownership; are we doing anything else? Are we allowing them to put more residents in, fewer residents in? 1 mean, is there some -- something about numbers of something? Commissioner Regalado: Yes. Commissioner Winton: Distance, is there -- what's there that I'm missing here? Mr. Fernandez: The number of residents and the distance requirement, and the -- being in the proper zone, that is all issues that are pending through the code enforcement process that would be very soon appealed. The only thing that you're addressing and the impact of your decision to settle is that the order of cease and desist that we did (UNINTELLIGIBLE) throw these five businesses out of the neighborhood would be if the denial for the special exception were to hold, so clearly, the end result of the denial of the special exception means the elimination, or the City of Miami Page 65 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 eradication of those five homes in that area, which is the avowed purpose of the neighbors. Commissioner Winton: I didn't understand that. Let me ask it differently, or again. The original request before us -- and I was quite clear in my comment to the public because I'm the one that led the charge to help Commissioner Regalado here start the fight, and I started it against you, Mr. City Attorney, because 1 said we're sick and tired of these organizations ruining our neighborhoods, and we're going to be stubborn about allowing a transfer of ownership. Even though, as far as I understood then and I understand today, the transfer of ownership was simply a transfer of ownership; didn't give them new rights; didn't institutionalize anything they had been doing wrong; didn't say that everything you've been doing is now OK; didn't do anything other than say Owner A transfers to Owner B. Mr. Fernandez: Correct. Commissioner Winton: Is that what we're still doing? Mr. Fernandez: That's all that you're doing, and by Owner B then getting the title and being in ownership, until the code enforcement issues are resolved, continues to be in existence. Commissioner Winton: So Owner B is buying all the liabilities of Owner A, and those liabilities are substantial because we're still suing them on all those other issues. Mr. Fernandez: We're still litigating the issues of whether they're properly distanced, whether they're in the proper zone, and whether they have the proper numbers. Commissioner Winton: So 1 hope that's clear to everyone. If y'all see something else in there, then put it on the record because that's why I'm struggling here. I've talked to the City Attorney, and it was clear to me that the only issue we're dealing with today was allowing a new owner to take on the liabilities that we're still suing these guys on . Mr. Fernandez: In other words, the impact of your decision to deny the special exception for transfer of ownership results in a letter that was issued immediately upon your denial. To be consistent, the director of Code Enforcement, Mr. De Mola, wrote a letter that said to the Family Boarding Home, cease and desist. "You must immediately cease -- Commissioner Winton: OK. Mr. Fernandez: -- and desist the operation of assisted living facilities at the subject properties. The City demands and expects immediately compliance. Otherwise, the City will pursue any and all available remedies in law and equity. Please conduct yourselves accordingly. " This letter was written pursuant to your decision. Whether I agree with your decision or not is not the issue. The issue is that the City acted consistently, and the reason for the lawsuit was that the avowed intent of this Commission, in denying that special exception, would have resulted in them being -- ceasing operations of the assisted living facilities. Commissioner Winton: Now, however, as we look forward, the City's position is still that these homes, Family Boarding Home, or whatever the name of this joint is, and others in the neighborhood, are operating illegally. That is our position, because they have -- they're too close; they have too many residents, a whole bunch of things that we have -- that we feel strongly that they're in violation of state law, and maybe other laws. If we vote today to allow the transfer of ownership, does it preclude us from continuing to go after those items that we think are in violation of state law? Mr. Fernandez: Well, Commissioner, let's not -- let me not be disingenuous with you. Let me -- very straight and very forward. If you remember correctly, from the very beginning, 1 have very City of Miami Page 66 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 categorically and very clearly stated to you that I believe that the doctrines of !aches and estoppel applies to the City's arguments with regard to the distance requirement, and to the zoning classification. Commissioner Winton: I don't know what !aches and estoppels means. Mr. Fernandez: Well, then Commissioner, that -- it's another four page memo that I have issued. It's another set of cases that I have submitted to you, and it's an argument that was made in February when this issue first came to you, so I don't want to sit here and tell you that I am representing that the City will be successful in the underlying code enforcement case, but what I'm telling you -- Commissioner Winton: I'm not asking you if you think we'll be successful or not. I'm just asking if we're -- if we make the decision today to allow transfer of ownership to A to B -- Mr. Fernandez: Correct. Commissioner Winton: -- does that preclude us from continuing to pursue all remedies that are available to us -- Mr. Fernandez: Not at all, and we're continuing to pursue that. Commissioner Winton: -- including the fact that we think they're in violation of state law by having too many residents, and too close together. Mr. Fernandez: And that is the position of the City. However, I believe that, in part, ill-conceived, but that's -- Commissioner Winton: Well -- Mr. Fernandez: -- another issue for another -- Commissioner Winton: -- that isn't what I'm -- Mr. Fernandez: -- day. Commissioner Winton: I don't want to know your opinion right now -- Mr. Fernandez: Right. Well -- Commissioner Winton: -- I'm asking you, from a -- Mr. Fernandez: But, you see, I don't want to be then quoted or to be perceived to be any more disingenuous than I already am being perceived by my colleagues and by my neighbors, and so I just need to be very clear because I have been very adamant and very open with all of you from the very beginning what my position is about the whole case. Commissioner Winton: Yes, and 1 understand that. Mr. Fernandez: All right. Commissioner Winton: And -- but that's a subject for a different day. Mr. Fernandez: Correct. City of Miami Page 67 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Winton: The subject of whether or not maybe we do need to consider who leads the charge on this battle down the road -- because I think you're an outstanding City Attorney. I'm backing you a hundred percent, but we might need a different -- a motion behind the next step. Mr. Fernandez: I couldn't agree with you -- Commissioner Winton: I just want to be crystal clear here -- Mr. Fernandez: Correct. Commissioner Winton: -- that we're not foreclosing any of the remedies we may want to seek to bring these people into state compliance. Whether they say they are, we say they're not, a judge will ultimately decide. Mr. Fernandez: Correct. Commissioner Winton: And I'm in favor of that course of action. Mr. Fernandez: Correct. Commissioner Winton: OK, so -- Mr. Fernandez: And I agree. Commissioner Regalado: The City Attorney is saying, because of the doctrine of laches and estoppel, my understanding is that it's time, and what he's saying is that he doubts that we can prevail -- Commissioner Winton: Bingo. Commissioner Regalado: -- with all -- everything that we -- you wish with this doctrine of laches and estoppel. Commissioner Winton: But that's a subject for a different day -- Commissioner Regalado: Yes, but then -- Commissioner Winton: -- that we're going to lead the charge on. Commissioner Regalado: The doctrine of laches and estoppel should be also applied, I think, because it's about time to -- those cafeterias that, for 20 years, became bars during the night, and we went after them and closed them down, and it doesn't matter. We are in court because they sued us, not individually, but as a city. Those doctrine of laches and estoppel should be then applied also, I'm sure, to six and seven illegal units that have been there for 30 years, and now we are going after them. What I'm saying here is that we have a double standard here. One thing is OK to go after that, which I am in all favor of but the other is not OK because they have constitutional rights. How about if the drunks say that they have constitutional right, or the prostitutes that works on those bars? Commissioner Winton: That's not the argument we're making right now. Commissioner Regalado: That -- but you know, 1-- Commissioner Winton: I'm just trying to figure out what our steps, legal steps are, what are City of Miami Page 68 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 rights are, and what we're settling on right now. Chairman Sanchez: All right. All right. Ma'am, state your name and address for the record. Karen Denunzio: Karen Denunzio, 1868 Southwest 17th Terrace, and I'm not an attorney, but just listening to this discussion, though, it is so obvious that you need other outside counsel. The confusion here, on your part, Mr. Winton, and on anyone else's part is -- only speaks to the idea that this is too premature to settle. Commissioner Winton: I'm not confused. Ms. Denunzio: That -- there is time. You can still accomplish what you need to do, but there is time to do this. The fact that you are being sued, I find, is absolutely appalling. We all are appalled, but quite frankly, we're really not surprised because Family Boarding Home, Inc. has been audacious every step of the way; from disregard of zoning laws, from disregard of federal - - of a special master ruling, from disregard to your decision here, and whatever you do tonight is going to send a message to the public, and if you settle too prematurely, without allowing for the due process to take place -- Commissioner Winton: Well -- Ms. Denunzio: -- it's -- I had a conversation earlier with an attorney that was leaving from an earlier session, and we were talking about this, and frankly, the attorney was like, "Oh, this is interesting, so that means any time 1 don't get what I want, I know what I can do. I can come back here and sue." Just be very careful about what's done here tonight. Thank you. Chairman Sanchez: All right. Sir, state your name and address for the record. Horacio Stuart Aguirre: Mr. Commissioner, thank you very much. Good afternoon, gentlemen. My name is Horacio Stuart Aguirre, 1910 Northwest 13th Street, proudly on the Miami River. I am president of Durham Park Neighborhood Association, and president of Miami Neighborhoods United, a coalition of all the neighborhoods, most all of the neighborhoods of the City of Miami, and we're here to support our friends, brothers, sisters, and neighbors of Shenandoah, and the adjacent neighborhoods. We're extremely concerned about the gross violations of zoning that are taking place in these boarding home operations. We're concerned for the safety and well-being of our neighbors. We're concerned for the number of times that traffic is stopped by people who are in need of supervision due to mental conditions, and are wandering the streets without supervision. I'd like you to know, Mr. Commissioner, that we have received letters from Greenberg Traurig threatening to sue us, too, for opposing decisions made by this body, and we have not cowered. We have not backed down, and as president of Miami Neighborhoods United, 1 will support you in every effort you require to seek the financial means for defense of any action against you in support of the residents in this cause. Thank you very much. Tom Rebull: I'm Tom Rebull. I live at 1818 Southwest 15th Street. 1 am a resident of the area. Commissioner Regalado: And an attorney. Mr. Rebull: Let me just start by saying -- excuse me? Commissioner Regalado: And an attorney. Mr. Rebull: I was going to leave that out, but since you mentioned it. Quality of life, if I had a dollar for every time I've heard that phrase, with respect to city government -- one of the reasons I moved into the City of Miami was because of confidence in that city government -- I'd be a rich City of Miami Page 69 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 man. The action that you're contemplating taking today is inconsistent with a vision of quality of life. From the very beginning, when I've been involved in this effort, my emphasis was on overconcentration, distance requirements, and too many residents. It never was and never will be a hostility to disable people in any way. It is simply comply with the law, integrate into the community; everybody have their fair share of the burden, and I'm not going to talk about the law because a lot of lawyers know, especially trial lawyers, that it really comes down to the facts, and you all should look at the allegations made against you who were sued personally by Family Boarding Home. They said, "Defendants" -- meaning you who were sued individually -- "discriminatory animists towards the handicapped was a motivating factor in their vote to deny the special exception." Now, I know that wasn't the case, and I'm not going to ask you was a part of your decision to vote discriminatory animists towards the handicapped? 1 know it wasn't, and in a deposition, if it ever got that far, it wouldn't, and we'd fight all the way to tell you that it was never the motivation. The motivation here was to have the law applied equally to everybody, to every facility. Another allegation, "the defendants were motivated to deny the approval by their own hostility. " Did you have hostility against the disabled when you voted to deny the special exception? I know you didn't, and I don't want you to answer because it's a free deposition for Family Boarding Home. And the hostility of the residents in the area to the emotionally disturbed living in their neighborhood -- there are members of my family who have mental disabilities. I have no hostility towards people with mental disabilities. 1 have a hostility to lack of compliance with the law, OK, and I can explain very simply in laymen's terms what laches and estoppel is. We didn't enforce the law for a long time. People got used to it; you can't enforce it now, and so we now pay for the sins of the past. Thank you. Chairman Sanchez: Thank you. Anyone else? Please step forward, be recognized. Graciela Solares: Good afternoon, gentlemen. My name is Graciela Solares. I'm the vice president of the Miami Roads Association. Very briefly, 1 read the stipulation and the order entered by Judge Graham, and he gives the City up to July 6 to file an answer. I think the settlement right now is too premature. The only thing you need to do is answer the complaint. I am sure the applicant that's filing the lawsuit will be amenable to settlement any time. Thank you. Jacqueline Cotarelo-Echagarrua: Hi. Good afternoon. My name is Jackie Cotarelo-Echagarrua. First of all, I want to thank all of you, and yes, Commissioner, 20 years ago, or not as much, but I started with Luis Morse. Later on, 1 met with Manny Prieguez, former state representative, and who agreed and understood our plight of the overconcentration, and was -- I met a couple of times with him, and now it's funny that he's on the other side. My whole point is I am begging all of you to think of the precedence this is going to set for the City. If someone doesn't like your decision -- you talk about your future, livelihood. What about the future of the residents, of the clients of Family Boarding Home? We need to go ahead and make sure that these places are great places to -- you know, in the community, and for the residents that -- our quality of life. All we want is the overconcentration -- for the zoning ordinance that exists to be applied everywhere. Thank you. Commissioner Winton: So do we. Chairman Sanchez: Thank you. Anyone else? Manuel Prieguez: Manny Prieguez, 4000 Malaga Avenue, Miami, Florida, and I wasn't going to come up and speak, but since my name has been mentioned, I think that it's important that I get up and clear a few things. Number one, when 1 was elected in 1998 as a state representative, I remember that 1 met with then Commissioner and still Commissioner Tomas Regalado, and 1 met with the residents of Shenandoah Homeowners' Association because of this very, very problem. They were concerned about the other ALFs within their neighborhoods, within the residential area of the City of Miami, namely Shenandoah. My first piece of legislation that I passed as City of Miami Page 70 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 your state representative was closing a loophole that illegal ALFs were utilizing to stay open, and after I passed that first piece of legislation, I called Jackie about a hundred times to talk to her about it, to spread the news of what had been done to the homeowners' association in Shenandoah, and I never got one call back from her, so I want to state that for the record, and I want to make that very, very clear. 1 have since left the Legislature, and now some have decided to, you know, criticize me because then 1-- they're saying now I'm on the other side. Well, I represent La Covadonga. La Covadonga is the only ALF that is located in a commercial C-1 district. They do not cause problems for the folks in the neighborhoods of Shenandoah. They are not located in the R-1, in the R-2, and in R-3, and in my opinion, there is a vast difference, a vast difference between those ALFs that are within the neighborhoods of Shenandoah and La Covadonga, which is all the way over on 8th Street. It's a vast difference. They're in a C-1. As a matter of fact, you know, if you were going to start all over again, you'd probably say, I want these ALFs in a C-1, and not in a residential area, so I wanted to make those points clear for the record because my name, like 1 said, and I'm repeating myself but like I said, my name has been brought up because of my past history trying to fight for Shenandoah, as your state elected official at the time, and you know, I'm proud to say that 1 was someone that, when I was there, 1 did something to try to make the quality of life better for Shenandoah, and 1 would also like to put for the record that, in my new capacity, when 1 try to engage the neighborhood association of Shenandoah, and when I try to create a distinction and discern and explain to them the difference between La Covadonga in specific, and all the other ALFs, which they have their problems with, I was told by Hugh Ryan that he did not have an issue -- he told me on the phone that he did not have an issue with La Covadonga, so I also want to put that on the record and make that very clear to everyone here that's willing to listen. Thank you very much. Ms. Cotarelo-Echagarrua: Wait, wait, wait. Hugh Ryan: No, no, no, no, no. Ms. Cotarelo-Echagarrua: You and I are going to (UNINTELLIGIBLE). Mr. Ryan: Commissioner, I just would like to make a point. I'm sorry. Commissioner Winton: Mr. Chairman. Chairman Sanchez: Listen. Let's -- Commissioner Winton: I don't think we're interested in -- Chairman Sanchez: This is not going to be -- Mr. Ryan: I know. Commissioner Winton: -- the battle between Manny Prieguez and the Shenandoah Homeowner Association. Chairman Sanchez: We're not going to start a debate here. Let's continue here. Mr. Ryan: Deja vu. I'm not going to let somebody speak for myself while I'm in the same room for the second time, so -- Chairman Sanchez: No, sir, listen -- Commissioner Winton: Well, you guys can talk about it out there. Chairman Sanchez: You guys can -- City of Miami Page 71 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Mr. Ryan: We will. Thanks. Commissioner Winton: Thanks. Chairman Sanchez: We'll send the sergeant at arms outside, and you guys -- Mr. Ryan: Oh, no we won't. Chairman Sanchez: Is there anyone else from the public wishing to address? Eduardo Moraleso: Hi. My name is Eduardo -- Chairman Sanchez: And basically, this has nothing to do with the issue. It's between both of you, so I apologize for that, but you guys can handle that somewhere else. Sir, state your name and address for the record Mr. Moraleso: My name is Eduardo Moraleso. I live at 1800 Southwest llth Street. I'm going to start this off by reading a chapter of the state statute, which talks about change of ownership. Section 400.412, "Sale or Transfer of Ownership of Facility. It is the intent of the legislator to protect the rights of the residents of a assisted living facility when the facility is sold, or the ownership is thereof transferred." The state mandates that when an ALF changes ownership, or transfers ownership, they follow certain rules. Commissioner Winton: What were the rules? Mr. Moraleso: Rules, the rules simply dictate that you must comply with Statute 419; 419 is very simply. Tomas Regalado alluded to it earlier. It simply says that in an R-1 residence only, you could have six residents for an ALF, a thousand feet apart. If it's not in an R-1, a multifamily, you must comply with a new distance requirement of 1,200 feet from another ALF, or 500 feet from an R-1 residents' homes, and that's only residents that are -- fill a facility from 7 to 14. We have none of those cases. We have 70 residents in one home, in one area, comprising of about four homes. Our local City ordinances applies statute -- or City Ordinance 934 to living facilities of 15 and greater, so we're not discriminating against ALFs. We're only just -- we're only applying this law to residents of a facility or facilities that have licenses of higher than 15. That is way above the normalcy for a residence. The State makes these laws. They get all the proper people in a room to make these laws. They don't just come out of the blue and makes these laws. They had all repre -- parties represented. They had medical doctors; they had psychologists. They had zoning people; they had police, fire. You name it, they must have had it in a room to make these laws because if you violate these laws, you would change the nature of a neighborhood, and if you change the nature of a neighborhood, you would in -- directly affect the residents of these homes because the whole purpose of these residents to be simulated in a community is so they could live a normal life. If you change that recipe, if you change that medicine that they need, which is to assimilate in a residential home, you would indefinitely violate their civil rights. Don't change the prescription that the state has already done the research to do. Commissioner Winton: We're not. Mr. Moraleso: If you change the number of people in an R-1, it's going to change the nature and character of the residents -- of the area. These citizens that live in these homes need to have normalcy. There is not one single family living within easily 500 feet of these homes because it completely changed the nature and character of this area. There's not one family, not one family with children because the area has been completely manipulated The residents in these homes aren't living normal lives. In the '60s and '70s and the time before that, these poor individuals City of Miami Page 72 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 were institutionalized. We removed that. We said it's better for their health to be in R-1 neighborhoods. The state and many medical doctors noticed that they must be smaller, or it's going to change the character in the neighborhood That is -- the laws are there to protect the residents of these homes. Don't change that. Chairman Sanchez: Thank you. Thank you so much. Anyone else? Hector Vazquez: My name is Hector Vazquez. I live at 1636 Southwest 19th Avenue. I just wanted to reiterate the fact that it's very, very early to settle, and that you Commissioners need outside counsel. That is proven by the fact that, Mr. Winton, you're having a difficult time understanding what your City Attorney is -- Commissioner Winton: No, I'm not. Mr. Vazquez: It seems to me that you've asked him to clarify several times -- Commissioner Winton: I understand very clearly what he has said. I understand very clearly what we're doing. 1 don't have any confusion in my mind, whatsoever, and I'm -- Mr. Vazquez: And yet, when you asked him -- Commissioner Winton: --floundered by the fact that -- Mr. Vazquez: -- to clar it, rather than offering a very clear definition, he (UNINTELLIGIBLE). Commissioner Winton: 1 know very clearly what's happening here. I'm not sure that those of you out there who came with a prepared message have listened to what he said. We're not changing anything. We're only transferring ownership. Mr. Vazquez: And we're only asking you for time not to settle today because it's -- Commissioner Winton: We're not -- Mr. Vazquez: -- too early. Commissioner Winton: -- settling anything except the right -- Mr. Vazquez: Well, we're asking you -- Commissioner Winton: -- to allow one party to take on the liability of the -- a new party to take on the liability of the first party. Chairman Sanchez: Sir, and that will be decided today by this legislative body. Mr. Vazquez: Exactly. Well, 1 just wanted to say that you guys should get legal counsel because when the people were up here -- he's doing it now. You see, his demeanor is very dismissive, very unprofessional, and it seems to me you guys should get outside counsel. It isn't -- his demeanor is improper, so you guys should talk to other attorneys who might be able to give you better counsel. Chairman Sanchez: Thank you, sir. Mr. Vazquez: Thank you. City of Miami Page 73 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Chairman Sanchez: Anyone else wishing to address this Commission? If not, we will go ahead and come back to the Commission. I believe that Commissioner -- Vice Chairman Gonzalez wanted to speak, but Commissioner Regalado, we'll allow you the opportunity. Commissioner Regalado: 1 think that the residents clearly have stated what they're asking for, and what they're asking for is fair. As a journalist, I have been sued personally several times, but as many of you may know -- we have many attorneys -- to prove defamation, you have to prove malice, and -- Commissioner Winton: This isn't defamation. Commissioner Regalado: It is about this, and -- Commissioner Winton: This isn't defamation. Chairman Sanchez: All right. Let's -- Commissioner Regalado: -- to prove -- can I just finish? Commissioner Winton: Oh, I'm sorry. My apologies. Commissioner Regalado: To prove defamation, you have to prove malice, and because when you work with absence of malice, the case were dismissed. The charges against us are basically about malice; saying that we, as Commissioners, hate these kinds of persons; we discriminate about that kind of person, and we don't. We just were following the law of the City of Miami and the State of Florida. I think that we should trust the system. As Americans, we should believe in the system and go through the system. The first step that we need to do is a motion to dismiss. It's -- I'm not an attorney; my daughter is, and I've learned a few things from her, so let's trust the system. Let's give our attorney the time to go to the courts and try to dismiss. If he cannot get that, then you know, consider a settlement, and that is what the people here are asking. The people here are not asking to bulldoze the ALF in Shenandoah. They are asking us to give the process some time, and this is what I think we owe to ourself [sic], as Americans, that we believe in the process, that we believe in the system. We should go through the process and try, at least try, to get this personal suit dismissed, and I think that's fair. That's not -- I mean, the end of the world is not here if we do not settle today. We got plenty of time. We -- the City Attorney has plenty of brilliant people in his office to go and seek a dismissal. If he can't, he can't, and then he'll come back and say whatever he needs to say, but I think that, please, let's give the system a chance. Let's try to get this suit dismissed first, and then after that, make another decision. Thank you, Mr. Chairman. Chairman Sanchez: All right. Vice Chairman Gonzalez. As always, the Chair will go last. Vice Chairman Gonzalez: The reason that we are in the problem that we are today is because, for the first time, for the first time, for many, many years, as many years as 40 years, and maybe even more, we, and this Administration, and this City government, has decided to address the problems caused by these companies in the area of Shenandoah. Never before anything was done, that 1 know, to solve this problem, but the problem is that, I think, that we didn't went the right way to address the problem. 1 think this -- the problems needs to be addressed by code enforcement; needs to be addressed by the Miami Police Department, or whatever jurisdiction they're in. It needs to be addressed by the State, which is the agency that regulates these type of businesses. Denying the transfer of ownership -- we don't do that with any other type of business in the City of Miami. As a matter of fact, Commissioner Regalado mentioned the cafeterias that were converted to bars, where illegal activities were being conducted at night, and we don't approve change of ownership on those type of cafeterias. I mean, we close them down; they sell it to another person, and this new person will establish the same type of business City of Miami Page 7-1 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 that the other person was doing before. Are we going to go into the business of regulating change of ownership? We don't do that with the flower shops. We don't do that with grocery stores. We don't do that with shopping centers. We don't do that with any other type of business. To me, now that 1 have consulted with my attorney, my personal attorney, because we have talked about -- I have -- different people have mentioned outside counsel. Well, let me tell you, I consulted outside counsel. 1 consulted whom has been my attorney for many, many years, and we have independent counsel sitting at this dais. We have an attorney sitting at this dais, Commissioner Allen, and guess what? Who was the only Commissioner that voted against the denial of the special exception? Commissioner Allen. You know why? Because he's an attorney, and he knew exactly that we were violating the law when we were denying the change of ownership on these type of business, so he voted no. I couldn't understand it. I said, "How can he be voting against this?" You know, the Commission has united voted on this issue. Well, he knew that he shouldn't be voting with the rest of the Commissioners, and now 1 understand why, and you know what? I regret that I didn't follow his steps. Because after consulting with my attorney -- and let me tell you, when I spoke at the meeting where this was discussed, I'm very, very, very familiar with what you're going through because I mentioned the fact that 1 had a dear friend of mine that had an establishment right on Southwest 8th Street and 19th Avenue, and he was about to lose his business after many, many years of work because of the situation. He end up selling the business, losing a whole bunch of money, retiring, and going somewhere else in the City to establish a business, so I'm very familiar. I have -- I was at the establishment, and I saw many things that happened there that I wouldn't want it in my neighborhood. I agree with you a hundred percent. I know what you're going through, but the right solution to address this problem is not to deny the change of ownership, because maybe, maybe the operator that is operating this business now, he doesn't give -- he doesn't care, OK. Maybe the new owner will be more interested in running a decent -- an operation right, the way it should be run, and maybe the new owner will be concerned with the neighborhood, and maybe the new owner will be concerned with the quality of life of the neighborhood Well, we're denying us that opportunity. Voting on the denial of a transfer without realizing that I was violating constitutional rights of protected segment of our community; that I was violating a Fair Housing Act, and that I was violating equal protection. If 1 would have known at the time that I was doing that, I would have voted "no, " because I wasn't elected, once again, to violate federal laws, or to violate anybody's civil rights, or to violate anybody's rights, so 1 voted -- at the time, I voted "no." Case law that has been provided to me and was revised by my personal attorney last night, says that we will lose this case in court, but before losing the case in court, we will have to spend hundreds of thousands of dollars, if not millions of dollars, because each one of us, it has been said, will be an appointed counsel, and every one of these attorneys is going to charge 300 or more per hour, OK, so this is going to go real high in expenses to the City, plus whatever judgment we get from the court. I believe there are better purposes to utilize this money, like returning it back to you on tax cuts; returning it back to you on cut of fees, than pay it in attorneys' fees and judgments. Once again, I understand what you're going through. 1 will be a strong supporter of continuing to work with Code Enforcement, to even work with the legislator in Tallahassee to make sure that the laws are enforced and that you are protected The same way their class is protected, your class needs to be protected, and I made that statement at the last meeting. 1 said, yeah, these group have rights and need to be protected, but what about them, the neighbors? Who is protecting them? So -- but changing -- again, denying the change of ownership, I don't see that solve any of the critical problems that you have in the neighborhood. Thank you, Mr. Chairman. Chairman Sanchez: All right. Any further discussion from the Commission? If not, Mr. City Attorney, there are two proposals that are in front of us that have been presented. One would clearly settle the federal and state, and the other one would settle the Florida -- the state and the federal case, but would allow the code enforcement and all the things attached to it to continue to go to court to be decided by a judge. That's the second proposal, correct? Commissioner Winton: Well, it's -- City of Miami Page 75 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Mr. Fernandez: Correct. Chairman Sanchez: OK. Commissioner Winton: But, Mr. Chair. Chairman Sanchez: But -- Commissioner Winton: 'Cause I want to be clear here -- Chairman Sanchez: But I cannot support the first one, period Commissioner Winton: It -- yeah. It still allows us -- and Commissioner Regalado -- I mean, Commissioner Gonzalez said, code enforcement, blah, blah, blah, blah, but we still have the vehicle of the courts. Vice Chairman Gonzalez: Of the courts. Commissioner Winton: We're not giving that right up, are we? Mr. Fernandez: Not at all. Commissioner Winton: OK. I just wanted to be clear -- Chairman Sanchez: All right. Commissioner Winton: -- that -- Chairman Sanchez: You -- Commissioner Winton: -- courts is also a vehicle. Chairman Sanchez: You've -- Through several discussions and questions that have been asked by my colleagues, you've been able to answer some of the questions pertaining to the qualified immunity, which of course, is the biggest concern that we have. That happens to be the biggest concern that we have, whether we have immunity or not. My motivation, and I want to state this one the record because I think everyone has been able to put something on the record that basically does not pertain exactly what the heart of the core of the legalities that exist here, but 1 want to say this on the record because I think it's important for people to hear what I have to say. My motivation was not based on any discrimination, harassment in any way, nor did it pinpoint or address a protected class of individuals. It was based on a business, an entity that, in many ways, has not respected the laws that are there for all to obey, and it's important to say that, and 1 say that because, since we've all focused on equal protection, we have all focused on constitutional rights, and we have all focused on due process. Well, let me tell you something, everyone's entitled to equal protection. Everyone is entitled to constitutional rights, and above all, everyone is entitled to due process, and the residents are entitled to all of the above, and I think that, for many years, not only that area, but the entire city has addressed concerns pertaining to ALF that, of course, we don't govern. They're governed by the state, and whether something has been done on a state level by legislators or local government, it has basically put them in a very awkward situation, and still they come to our community and they invest, and still they obey the laws, and still, they work on beautifying our city and improving the quality of life, and if you want to be treated like the Jones, you'd better act like the Jones, and having said that, through the entire process that we have been here, and we are in a very uncomfortable situation. 1 could assure you each and every one of us have consulted our attorneys to look at this matter, City of Miami Page 76 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 but 1, too, would have liked to seen a slower process. I, too, would have liked to explore every possible opportunity in the legal avenues that exist. I would have liked to seen a Shade session, where we could have discussed this and not have to have this type of debate in the public forum. The settlement that's in front of us, and I've stated very clear that settlement number one, I cannot support because, really, that is basically just cutting it way too short. You're basically saying, hey, listen, have it all, and I don't think we could do that because if we have a responsibility, it's not only responsibility to the residents of the City of Miami, but the taxpayers of the City of Miami, and that lawsuit that will come our way on that settlement is something that we cannot even fathom. However, option number two that exists, I can entertain that because, one, it allows us to continue that legal battle pertaining to code enforcement that the residents have asked us for, not only the Shenandoah Homeowner Association, the Roads Homeowner Association, Morningside, and every, every neighborhood that's affected by the ALFs, and yes, there are horrible ALFs, but there are also some good ALFs, and 1 think that we need to be very careful how we stereotype or point the finger at certain individuals, as long as we don't have -- you know, we got to make sure that we have the facts. 1 think I've stated a lot of things on the record which focus that we have not, in any way, acted in malice intent. I don't think the neighbors have acted in malice intent. It's never been about kicking out, or going out there demolishing the ALFs. It's telling the ALFs, hey, listen, you have a responsibility just like 1 have, you know, to maintain my house, and make sure that 1 obey the laws, and I follow the City ordinance and City codes. They have that, and it's up to government, at least our local government, to focus on the code enforcement aspect of it, so having said that, 1 made it very clear. Plan -- option number one, or phase -- the plan that you have presented, the phase -- the settlement, phase one -- Mr. Fernandez: Right. Chairman Sanchez: -- which was -- Mr. Fernandez:: Proposal one. Chairman Sanchez: -- proposal one, I cannot support. Mr. Fernandez: And I'm not recommending it. Chairman Sanchez: Proposal two, we could continue to debate, and 1 might be able to be persuade on it, as long as we're able to maintain an avenue where we continue to challenge all the Code violations, and allow a judge, an independent judge to decide the ruling, not us, not you, Mr. City Manager, nor the administration, but an outside judge that will decide, and I think, in all fairness, if a judge comes back and has made a ruling, you're able to accept that, as long as we're able to accept that, so having said that, I will make a motion to deny the first proposal. I will pass the gavel. Mr. Fernandez: You don't have to make a motion to deny a proposal that is not being -- Commissioner Winton: Considered Mr. Fernandez: It was merely being presented to you, but it's not -- Chairman Sanchez: All right. Mr. Fernandez: -- the recommended proposal. The appropriate motion would be to approve or reject, as the motion maker would do it, proposal number two, which contemplates settlement of the state and federal cause of action, solely dealing with the denial of the special exception for transfer of ownership. City of Miami Page 77 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Chairman Sanchez: Solely that. Vice Chairman Gonzalez: Solely that. Commissioner Regalado: Mr. Chairman. Chairman Sanchez: Yes. Commissioner Regalado: I will make a motion to reject proposal number two, and direct the City Attorney to go to court and try to dismiss the individual suit against members of the City Commission. Chairman Sanchez: All right. There's a motion on the floor. Is there a second? There's a motion on the floor. Is there a second? There is no second, so the motion dies. Is there another motion? Vice Chairman Gonzalez: Mr. Chairman, I make a motion to approve the second option of the settlement. Commissioner Winton: Second. Chairman Sanchez: OK. There is a motion to accept the Administration and City Attorney's proposal number two. Vice Chairman Gonzalez: Correct. Chairman Sanchez: Is there any further discussion on that item? Commissioner Regalado: I think that negotiate -- the United States have never, ever negotiate from a position of weakness, and if this will come back to bite us, but majority rules. This is what it is. Chairman Sanchez: All right. Madam Clerk, roll call. Sylvia Scheider (Assistant City Clerk): Roll call. Commissioner Winton? Commissioner Winton: Yes. Ms. Scheider: Commissioner Regalado? Commissioner Regalado: No. Ms. Scheider: Vice Chairman Gonzalez? Vice Chairman Gonzalez: Yes. Ms. Scheider: Chairman Sanchez? Chairman Sanchez: Yes, on proposal number two. It passes, 3/1. Ms. Scheider: Passes, 3/1. Chairman Sanchez: All right. Thank you very much City of Miami Page 78 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 PART B Chairman Sanchez: Let's go into the PZ (planning & zoning) items, and before we do that -- all right. Any person who acts as a lobbyist, pursuant to City of Miami ordinance accordance with Code -- ordinance Code 11469, must register with the City Clerk prior to engaging in any lobbying activity before the City staff, board, or any committee of the City Commission. Also, any person making slanderous remarks, or who becomes boisterous while the PZ items are being discussed, will be respectfully asked to step out of the Commission chambers by our sergeant at arms. Anyone interested in obtaining a printed agenda five days before the Commission, all they need to do is just contact our City Clerk, and one will be provided for them, and of course, any person wishing to address this Commission on any of the PZ items must come forward, state your name and address for the record, so before we go any further, any person who is -- who will be testifying in front of this legislative body, please stand up and be sworn in by our City Clerk. Sylvia Scheider (Assistant City Clerk): Would you please stand up and raise your hand -- your right hand, if you plan to testdy on planning and zoning items. The Assistant City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Scheider: Thank you. Chairman Sanchez: I do. All right. Could we do something? Could we get all the items that have been deferred or withdrawn out of the way, so we could -- Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. Chairman Sanchez: -- have smooth sailing? Ms. Slazyk: Yes. There are quite a few withdrawals. I think -- Chairman Sanchez: OK, let me get them all down. Ms. Slazyk: -- each applicant should come up and withdraw theirs. Chairman Sanchez: But before we do that, ladies and gentlemen, anyone here on PZ.29, that is time certain for 5 o'clock, so unless you want to stick around, I suggest -- you may have things you need to do, and come back at five. That will be time certain at 5 o'clock, at the request of the residents. Ms. Slazyk: And, Commissioner, I believe there was a discussion item associated with it. Chairman Sanchez: That item has -- Ms. Slazyk: That will be at five. Chairman Sanchez: -- also been deferred till 5: 00 p.m., for all those that are here. [Later..] Chairman Sanchez: All right. I have good news and bad news. Which one do you want to hear first? Commissioner Allen: Well, let's always end on a good note, so how about the bad news first? City of Miami Page 79 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Chairman Sanchez: OK. The bad news is that we'll be coming back at five. The good news is we only have -- Commissioner Winton: So that's really bad news. Chairman Sanchez: Well, no, no. Here's the thing: we have only three items. We have only three items on PZ (Planning and Zoning), and then we're going to have to break, so I suggest that if we could get through the PZ items, we could have a recess 'til five o'clock, come back and listen to the ALF (Adult Living Facility) item, and then we should be done. Lourdes Slazyk (Assistant Director, Planning & Zoning): But you had four PZs you put for 2:30. Commissioner Winton: Yeah. Ms. Slazyk: Besides -- there were four of them you put to -- Chairman Sanchez: All right. We'll come -- Ms. Slazyk: We only have two more -- three more now that we can -- that weren't -- Chairman Sanchez: OK, we'll come back at four then. We'll have a four-hour -- maybe a three -and -a -half-hour or a three-hour recess. All right. Let's go ahead -- let's try to finish PZ 21. Ms. Slazyk: Yeah, these are quick. Chairman Sanchez: 22 and 23, they are noncontroversial, and then we'll come back, and I believe we have three PZ items. Then, at five o'clock, we'll go ahead with the ALF. Commissioner Winton: And I have an MPO (Metropolitan Planning Organization) board meeting. Commissioner Allen: Right, so nothing's set -- Chairman Sanchez: Huh? Commissioner Allen: -- for 2:30. Commissioner Winton: And I have an MPO board. Ms. Slazyk: Yeah, you had -- Chairman Sanchez: You do? OK. Ms. Slazyk: -- two sets of two companion items, so it's four items that you had set for 2:30, and then the PZ 29 at five o'clock. Chairman Sanchez: Are they controversial? Ms. Slazyk: No. Chairman Sanchez: So we could come back at four; it'll take us an hour to do them. Ms. Slazyk: Unless someone shows up that 1 didn't know about. City of Miami Page 80 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Chairman Sanchez: Oh, we also have the CRA (Community Redevelopment Agency). Ms. Slazyk: Oh, there's C --? Chairman Sanchez: All right. Never mind. Commissioner Allen: Right. Chairman Sanchez: It's getting a little complicated. Ms. Slazyk: Going to be back at 2:30. [Later..] Chairman Sanchez: At this time, what I'd like to do, since we have items, and maybe some individuals have come in in the afternoon, I would like to read the following statements that I usually read before a PZ hearing, and that's any person who acts as a lobbyist pursuant to the City of Miami ordinance 11469 must register with the City Clerk prior to engaging in any lobbying activity before the City staff board, committee, or the Commission itself We also ask that any person who becomes slanderous while addressing -- or boisterous while addressing this Commission, you will be respectfully escorted out. Also, we ask that any person who may be interested in obtaining a -- an agenda, five days before the Commission meeting, all you have to do is contact the City Clerk. Any person also who will address this Commission, please step forward, state your name and address for the record, and check in with the City Clerk. Having said that, anyone who will be addressing this legislative body pertaining to any of the following items that I've expressed before, PZ items, please stand up and be sworn in. Madam Clerk, could you swear our visitors? Unidentified Speaker: For everything, right? Chairman Sanchez: Yes, just once. I'm trying to get everybody done at once. Although, at five, I'll probably have to do it again. The Assistant City Clerk administered required oath under City Code Section 62-1 to those persons giving testimony on zoning issues (said oath was translated into Spanish and Creole). Ms. Scheider: Thank you. Chairman Sanchez: All right. We'll go ahead -- we're going to wait for Commissioner Winton, who is the Chairman of the CRA (Community Redevelopment Agency). We do have just a very brief CRA meeting, which is just to approve their budget, but what I'd like to do at this time is go ahead and start with the PZ items. We should get them out of the way, and then we might end up having to take another recess, allowing residents to get here at 5 o'clock for the 5 o'clock time certain item, which is a discussion regarding the pending lawsuit, reference the Family Boarding Homes. [Later... ] Chairman Sanchez: So at this time, what we need to do -- Commissioner Allen: I make a motion that we recess the regular Commission meeting, and a second? Vice Chairman Gonzalez: Second. City of Miami Page 81 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Chairman Sanchez: There's a motion for recess -- Commissioner Allen: And at this -- Chairman Sanchez: There's a motion by Commissioner Allen, second by Vice Chairman Gonzalez. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and therefore, the gavel is passed to -- Commissioner Allen: Right. Chairman Sanchez: -- the Vice Chair of the CRA (Community Redevelopment Agency), for a CRA meeting. PZ.1 04-00723 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE 1237 BISCAYNE BOULEVARD PROJECT, TO BE LOCATED AT APPROXIMATELY 1237 BISCAYNE BOULEVARD, 324 AND 444 NORTHEAST 13TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A 57-STORY MIXED -USE STRUCTURE CONSISTING OF 408 TOTAL MULTIFAMILY RESIDENTIAL UNITS, APPROXIMATELY 17,160 SQUARE FEET OF RETAIL/OFFICE USE, AND 570 TOTAL PARKING SPACES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 82 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 04-00723 Legislation.PDF 04-00723 Exhibit A.PDF 04-00723 Exhibit B.PDF 04-00723 Exhibit C.PDF 04-00723 MUSP Analysis.PDF 04-00723 Zoning Map.pdf 04-00723 Aerial Map.pdf 04-00723 Traffic Impact Analysis.PDF 04-00723 School Brd Recomm.PDF 04-00723 PAB Reso.PDF 04-00723 Sp Ex Fact Sheet.pdf 04-00723 Sp Ex Analysis.PDF 04-00723 ZB Reso.PDF 04-00723 - submittal - 1.pdf 04-00723 - submittal - 2.pdf 04-00723 MUSP Cover Page.PDF 04-00723 Table of Contents.PDF 04-00723 Article I - Project Info.PDF 04-00723 Letter of Intent.PDF 04-00723 MUSP & Sp Ex Applications.PDF 04-00723 Zoning Write-Up.PDF 04-00723 Aerials.PDF 04-00723 Zoning Atlas.PDF 04-00723 Project Data Sheet.PDF 04-00723 Computer Tax Printout & Deed.PDF 04-00723 Ownership List.PDF 04-00723 State of Florida Docs.PDF 04-00723 Owner's Authorization Letter.PDF 04-00723 Directory of Principals.PDF 04-00723 Article II - Project Description.PDF 04-00723 Article III - Supporting Documents.PDF 04-00723 Minority Construction Empl Plan.PDF 04-00723 Traffic Impact Study I.PDF 04-00723 Traffic Impact Study II.PDF 04-00723 Site Utility Study.PDF 04-00723 Economic Impact Study.PDF 04-00723 Survey of Property.PDF 04-00723 Plans.pdf 04-00723 Plans Re-submittal.pdf 04-00723 MUSP Fact Sheet 06-23-05.pdf REQUEST: Major Use Special Permit for the 1237 Biscayne Boulevard Project LOCATION: Approximately 1237 Biscayne Boulevard and 324 and 444 NE 13th Street APPLICANT(S): 1237 Biscayne Blvd, LLC, Owner and 1237 Biscayne Development Group, LLC, Contract Purchaser APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire City of Miami Page 83 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on June 16, 2004 by a vote of 6-0. ZONING BOARD: Granted the special exception with conditions* on June 28, 2004 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow the development of the 1237 Biscayne Boulevard Project. WITHDRAWN Chairman Sanchez: Now, could you state the ones that are being withdrawn or deferred? Lourdes Slazyk (Assistant Director, Planning & Zoning): I believe each applicant is going to get up and withdraw theirs, but my understanding is, it's numbers 1-- Chairman Sanchez: All right. Well, let's -- Ms. Slazyk: Yeah. Chairman Sanchez: -- go down the list. Ma'am. Lucia Dougherty: Good morning, Mr. Chairman, members of the Commission. Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm here to withdraw PZ 1, PZ24, and PZ.25. Chairman Sanchez: 1 -- Commissioner Allen: 24. Chairman Sanchez: -- 24, and 21? Ms. Dougherty: And 25. Ms. Slazyk: 25. Chairman Sanchez: And 25, OK, so ladies and gentlemen, PZ.1, PZ24 and 25 have been withdrawn, so if you're here for those items, unless you want to stick around and see how your local government works -- all right. Ms. Slazyk: There's two more that are going to be -- Chairman Sanchez: All right, two more. Ms. Dougherty: Thank you very much. PZ.2 05-00463 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 VISTA BISCAYNE PROJECT, TO BE LOCATED AT APPROXIMATELY 436, 446 AND 452 NORTHEAST 29TH STREET, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 17-STORY City of Miami Page 84 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 HIGH RESIDENTIAL STRUCTURE CONSISTING OF APPROXIMATELY 41 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; AND APPROXIMATELY 62 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. 05-00463 Cover Page.PDF 05-00463 Table of Contents.PDF 05-00463 Article I - Project Information.PDF 05-00463 Letter of Intent.PDF 05-00463 Applications.PDF 05-00463 Zoning Write-Up.PDF 05-00463 Zoning Atlas.PDF 05-00463 Project Data Sheet.PDF 05-00463 Corporate Document.PDF 05-00463 Computer Tax Printout - Deed.PDF 05-00463 Ownership List.PDF 05-00463 Directory of Project Principals.PDF 05-00463 Article II - Project Description.PDF 05-00463 Article III - Supporting Documents.PDF 05-00463 Minoirty Construction Employment Plan.PDF 05-00463 Traffic Impact Analysis.PDF 05-00463 Site Utility Study.PDF 05-00463 Economic Impact Study.PDF 05-00463 Survey of Property.PDF 05-00463 Drawings Submitted.PDF 05-00463 Legislation.pdf 05-00463 Exhibit A.pdf 05-00463 Exhibit B.pdf 05-00463 Exhibit C.pdf 05-00463 MUSP Analysis.pdf 05-00463 Zoning Map.pdf 05-00463 Aerial Map.pdf 05-00463 Design Review Comments.pdf 05-00463 School Board Comments.pdf 05-00463 Miami -Dade Aviation Dept Comments.pdf 05-00463 Sufficiency Letter.pdf 05-00463 Variance Fact Sheet.pdf 05-00463 Variance Analysis.pdf 05-00463 ZB Reso.pdf 05-00463 PAB Reso.pdf 05-00463 MUSP Fact Sheet.pdf REQUEST: Major Use Special Permit for the Vista Biscayne Project LOCATION: Approximately 436, 446 and 452 NE 29th Street APPLICANT(S): Vista Biscayne, LLC APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire City of Miami Page 85 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on May 4, 2005 by a vote of 5-0. ZONING BOARD: Recommended approval of a variance to City Commission on April 25, 2005 by a vote of 5-4. *See supporting documentation. PURPOSE: This will allow the development of the Vista Biscayne Project. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen R-05-0408 Chairman Sanchez: All right, so we go to -- how about PZ 29? Lourdes Slazyk (Assistant Director, Planning & Zoning): 29 will be heard at five. Commissioner Allen: That's time certain. Chairman Sanchez: Time certain? Commissioner Allen: Right. Ms. Slazyk: 5 o'clock. Commissioner Regalado: That's ALF (Adult Living Facility). Chairman Sanchez: OK I just -- Commissioner Allen: Five. Chairman Sanchez: All right, so let's go down the list. Let's go to PZ (planning & zoning) -- which are the ones that are noncontroversial to see if we could get -- if we're going to continue to 12:30, try to get as much of the PZ items that are noncontroversial out of the way. All right, PZ. 2. Ms. Slazyk: PZ.2 is a Major Use Special Permit for the Vista Biscayne project. It's located at approximately 436, 446, and 452 Northeast 29th Street. The project is a 17-story high mixed -- residential structure. It's going to have 41 units. It's been recommended for approval by the Planning Advisory Board and approval by the Planning Department. With respect to conditions, the Department is -- it's only the standard conditions, with respect to design. It's been recommended for approval, as you see before you. Chairman Sanchez: All right. Madam Applicant, are you ready? Adrienne Pardo: 1 am. Chairman Sanchez: All right. City of Miami Page 86 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Ms. Pardo: Hello. My name is Adrienne Pardo, with law offices at Greenberg Traurig, 1221 Brickell Avenue. I'm here today on behalf of Vista Biscayne, LLC. With me is the principal of that property, Mr. Nelson Fernandez. Also with me today is Pedro Martinez, architect with Borges & Associates, as well as our traffic consultant, Richard Eichinger, and my associate, Javier Avino. This property is located at 452 Northeast 29th Street. It's in the Edgewater neighborhood The property is zoned R-4, with a SD-20 overlay. The property -- it's a small piece of property. It's not very large, and it's approximately .41 net acres. The reason we're before you today is that we have filed a Major Use Special Permit because we've requested only 9,600 additional square feet, pursuant to the affordable housing bonus provision. We're not asking for the PUD (Planned Unit Development); the property was too small and they couldn't, so it's really only for 9,600 additional square feet. It's not a lot. It's not a big building for this neighborhood. I know you're all familiar with it. We have an aerial to give you a view of it. This is the proposed building within a context plan. Directly behind this building is the Onyx 2, which had been approved several months ago. That's a 48-story building, and this is a 17-story building, so what we've done is -- Commissioner Winton: How do you define "behind?" Ms. Pardo: Pardon? Commissioner Winton: Behind. Ms. Pardo: Directly behind the building, and actually, the -- Commissioner Winton: That's to the south or to the east? Ms. Pardo: Just to the south. Right here is Onyx 2. Commissioner Winton: OK. Ms. Pardo: Right here, and behind this parcel, as well. Commissioner Winton: Got it. Ms. Pardo: Originally, this particular property owner had a different building that he was designing, and then, when notices for the Onyx 2 hearing were sent out, he was notified. He asked to see the plans, and we had met with him, and at that point in time, he decided to redesign his building because he was going to have some lower units that were going to look out into the Onyx 2 garage, which didn't make sense, so in order to make it -- you know, have it make sense for the entire neighborhood, what he did is, he contacted an architect, and he redesigned it so that his parking base is basically just, I think, one story less than the Onyx 2 parking base, and then his units start above it, and what he also did here is -- within our application, we had an application for a variance on this particular one. After meeting with staff they wanted the parking garage lined with units, so it was only because of the lining of the parking garage -- and it's only for the 80 feet on this side of the property -- that we had requested the variance, and we have units that are approximately 15 to 20 feet in depth; they line the garage, and so we had a variance request within that. The Zoning Board did grant the variance. We have recommendations of approval from Planning staff, and we also went to the Planning Advisory Board; they recommended approval. Commissioner Winton: Is this site vacant? Ms. Pardo: Yes, it's vacant right now, yes. City of Miami Page 87 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Winton: OK. Ms. Pardo: And we are requesting 41 units. We're very far away from the MUSP (Major Use Special Permit) threshold This particular site could have a total of 61, so you know, they're well below that, as well. We meet all other setbacks within this particular district, and if you'd like, I can go through the project in more detail. Chairman Sanchez: All right. Is there anyone in opposition on this item, please step forward and be recognized Seeing none, hearing none, we'll come back. Have you concluded your presentation already? Commissioner Winton: Yes. Ms. Pardo: I have, unless you'd like to hear more. Chairman Sanchez: All right. Coming to the Commission. This is a resolution. Commissioner Winton. Commissioner Winton: I think staff needs to -- Ms. Slazyk: Yeah. We already just said that we recommend approval -- Chairman Sanchez: They already stated Ms. Slazyk: -- with the conditions -- Commissioner Winton: Oh, you did? Oh, 1 wasn't paying attention. Ms. Slazyk: -- and there's no more design conditions. We were satisfied Commissioner Winton: Move it. Chairman Sanchez: All right. There's a -- Commissioner Regalado: Second. Chairman Sanchez: -- 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, and we go to PZ3. Ms. Pardo: Thank you very much. Ms. Slazyk: PZ -- Chairman Sanchez: You're quite welcome. PZ.3 05-00518 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 PLATINUM ON THE BAY PROJECT City of Miami Page 88 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 (MU-2005-010), TO BE LOCATED AT APPROXIMATELY 2955 NORTHEAST 7TH AVENUE; 486 AND 700 NORTHEAST 29TH TERRACE; 555, 575 AND 711 NORTHEAST 29TH STREET, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 589-FOOT, 56-STORY HIGH RESIDENTIAL STRUCTURE CONSISTING OF APPROXIMATELY 320 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; AND APPROXIMATELY 587 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. 05-00518 Cover Page.PDF 05-00518 Table of Contents.PDF 05-00518 Article I - Project Information.PDF 05-00518 Letter of Intent.PDF 05-00518 Major Use Special Permit Application.PDF 05-00518 Zoning Write-Up.PDF 05-00518 Zoning Atlas.PDF 05-00518 Project Data Sheet.PDF 05-00518 Computer Tax Printout - Deed.PDF 05-00518 Ownership List.PDF 05-00518 State of Florida Documents.PDF 05-00518 Directory of Project Principals.PDF 05-00518 Article II - Project Description.PDF 05-00518 Article III - Supporting Documents.PDF 05-00518 Minority Construction Employment Plan.PDF 05-00518 Traffic Impact Analysis - Part I.PDF 05-00518 Traffic Impact Analysis - Part II.PDF 05-00518 Site Utility Study.PDF 05-00518 Economic Impact Study.PDF 05-00518 Survey of Property.PDF 05-00518 Drawings Submitted.PDF 05-00518 Legislation.pdf 05-00518 Exhibit A.pdf 05-00518 Exhibit B.pdf 05-00518 Exhibit C.pdf 05-00518 Analysis.pdf 05-00518 Zoning Map.pdf 05-00518 Aerial Map.pdf 05-00518 Miami -Dade Aviation Dept Comments 02-25-05.pdf 05-00518 School Board Comments.pdf 05-00518 Miami -Dade Aviation Dept Comments 03-14-05.pdf 05-00518 Sufficiency Letter.pdf 05-00518 PAB Reso.pdf 05-00518 Fact Sheet.pdf REQUEST: Major Use Special Permit for the Platinum on the Bay Project LOCATION: Approximately 2955 NE 7th Avenue; 486 and 700 NE 29th Terrace; 555, 575 and 711 NE 29th Street City of Miami Page 89 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 APPLICANT(S): Maysville, Inc. 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 May 18, 2005 by a vote of 5-0. *See supporting documentation. PURPOSE: This will allow the development of the Platinum on the Bay Project. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen R-05-0409 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.3 is a Major Use Special Permit for the Platinum on the Bay project. This is located 2955 Northeast 7th Avenue, and 486 and 700 Northeast 29th Terrace. It's another block just north of the one you just saw. This request is for a 56-story high residential structure, to be comprised of approximately 320 multifamily units. It's been recommended for approval by the Planning Advisory Board The Planning Department recommends approval. There are some conditions, though. We're recommending the design related conditions, first of all, that a different material treatment be provided for the lower garage portions, instead of the corrugated metal panels that were shown. They need to provide details on the proposed planting treatment and plant species to be used in covering the garage elevations, and we want, once they do that, to give us a final landscape plan to be submitted for review and approval by the Planning Department before they get a building permit, and you'll see in the presentation there's a piece of the garage that faces a portion of a previous phase of this building, and that's what they're landscaping, and we needed more information on that, as they move forward. Chairman Sanchez: All right. Madam Applicant, are you ready? Adrienne Pardo: Yes. Chairman Sanchez: OK. Ms. Pardo: Hello. My name is Adrienne Pardo, with law offices at 1221 Brickell Avenue. I'm here today on behalf of Maysville, Inc. With us here is the owner of Maysville, Inc., Alex Redondo. Also with me today is Vivian Bonet, project coordinator, as well as George Valcarcel. He is the project manager with Perkins & Will, the architects for this project, and Pat Bosch, which is the design director, also with Perkins & Will. Steve Lefton is our landscape architect, with Kimley-Horn, and Freddie Vargas, our traffic consultant, with Kimley-Horn is here, as well as Tom Schlosser, our economic consultant, and Javier Avino, with my office. This particular property is located on the same street as the last project. It's on Biscayne Bay, directly on the water, and it runs between 29th Street and 30th Street, and the project I just showed you before, that was approved, was on 29th Street. We have before you some renderings and some aerials that you can see the development that's going on within the Edgewater neighborhood. I'd like to just give you a little background on the particular owner/developer of this property. Mr. Redondo is the owner, and he's owned this property since 1986. He and his family invested in City of Miami Page 90 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 this neighborhood 20 years ago, before anybody else was in the Edgewater area, and they felt that this was an up and coming neighborhood that they wanted to own property in within the City of Miami, and they've owned it for the last 20 years, this particular property. He also bought other properties within the City of Miami and with Edgewater. He had told me, when he came in, that he and his family had a dream to really put something special on this property. He had gotten Platinum 1 approved That was not a Major Use Special Permit, and it's directly behind this property, on the west side, but Platinum 1 is under construction. He was one of the first developers to go into the Edgewater neighborhood. It's under construction right now. It's a gorgeous building, and it is going to be -- it's a 22-story building. Chairman Sanchez: How tall? Commissioner Winton: First one. Ms. Pardo: First one. Platinum 1 is 22 stories. This particular building, right, is proposed at 55 stories. Onyx 2 was approved right on 28th Street, which is only a block to the south, Onyx 2 is at 48 stories. This is a gorgeous building. The architects are going to walk you through it, but just to give you a few of the facts with regards to what's being done here. Density wise -- again, this is in the R-4 high family multi -density residential district, with an SD-20 overlay. They are allowed to have 400 units, and we're requesting approval of 320, so again, it's below the density, and what they did is, they spent a lot of time designing this project, listening to the comments that Planning staff has given over the last three years, with regards to making sure that the loading is interior, and the loading on this particular property is all interior within the building, and the loading is off of this street, 7th Avenue right here, so the trucks for loading will come in off of 30th and go in from 7th, so you have the loading is completely interior, and then what they also did is they lined 30th Street with residential units, so the parking structure on 30th is completely lined with residential units, and then Biscayne Bay is completely lined with residential units, as well. Also, what we're doing here -- and I would like Steve Lefton to walk you through it -- is since it is on Biscayne Bay, they put in a bay walk, and right now, if you were to drive down the street, you know, you could just go here. There's some railings, and you can't walk north on 30th, or you couldn't go south either, but what they're doing is they're putting in a bay walk, and the building is setback 50 feet, and this entire area is open -- Chairman Sanchez: Beautiful. Ms. Pardo: -- to the public. Chairman Sanchez: Beautiful. Ms. Pardo: It's really a gorgeous area, and I'd like Steve to -- you can see in this rendering that I'm pointing to right over here, there are all these fountains; the public will be able to walk there; it's not closed off and it's going to be open -- it's going to open it up between 29th and 30th, so now you're going to have that entire block where it's opened up to the public, and also what they'd like to do is improve the end of 30th Street; put in some pavers and some landscaping so that they can improve that. Right now, you have just a railing. With regard -- we have no variances that we're requesting on this particular project. I'd mentioned earlier that they're well below the density which is permitted, and some of the amenities that they're providing on this particular project, they're going to have a racquetball court, a fitness and game room, meeting rooms, screening rooms, three pools, Jacuzzi. It's really going to be a gorgeous piece of property. We've been before the Shoreline Development; they loved it. We went before PAB (Planning Advisory Board) and Zoning Board. Both boards recommended approval, as well as Planning staff. We agree with the conditions of Planning staff. There was one where they had said they didn't want the corrugated metal on the garage, but we're not having that, so it's not on the particular project, and at this point in time, I'd like to turn the floor over to -- and then we could have the architect walk you through it, if you have architectural City of Miami Page 91 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 questions. Chairman Sanchez: All right. Before we do that, is there anyone in opposition on this item? Is there anyone? All right, seeing none -- Ms. Pardo: I think there were some neighbors, I had met them outside, that were in favor, actually, but not in opposition. Chairman Sanchez: Well, no, we just want to know about opposition. Ms. Pardo: OK. Chairman Sanchez: All right, coming back, will you continue the presentation? Commissioner Winton: Brief. Chairman Sanchez: Brief. Steve Lefton:: Be very brief. Good morning. Steve Lefton, landscape architect with Kimley-Horn & Associates. I won't spend a lot of time, but I think it's important and relevant to talk about -- a little bit about the bay walk. The bay walk requirements talk about minimums. We've gone far beyond the minimums, and 1 think that's really important. We wanted to set the precedence and really create a place in the City of Miami along the waterfront, create a public space, so rather than just a walkway, we've created a tapestry of seat walls, water features, planters, terraced effect. It's really a place where people can spend time Rollerblade, walk, enjoy the water, while the residential units behind look over all of this activity, so 1 wanted to share that with you because I thought it was relevant, and I think this sort of tone we want to set for the waterfront projects along Biscayne Bay here in the City of Miami. Chairman Sanchez: All right, next. Is that it? Ms. Pardo: We have our architect here, Pat Bosch, if you'd like to hear -- Chairman Sanchez: Unless anybody's got any questions. I mean, there's no opposition; the conditions have already been put on the record. Ms. Pardo: Right. Chairman Sanchez: Do you agree to the conditions? Ms. Pardo: Yes, we do. We don't have the corrugated metal on the garage, so it's not an issue. Commissioner Winton: And y'all still are going to negotiate that. That's -- you still have to get - Ms. Slazyk: Yeah. They just need to bring it in, and we can call it compliance. Ms. Pardo: Right, we'll bring it in, and we'll bring in the landscape plans. Chairman Sanchez: All right. Does that conclude your presentation? Ms. Pardo: Yes, it does. Chairman Sanchez: All right. It comes to the Commission. Is there a motion? City of Miami Page 92 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Winton: I want to make a couple of comments first. Chairman Sanchez: Well, can we make a motion -- Commissioner Winton: Motion. Chairman Sanchez: -- and a second, and then we'll discuss the item? Commissioner Winton: Yes, sir. Chairman Sanchez: All right. There's -- Commissioner Regalado: Second Chairman Sanchez: -- a motion by Commissioner -- Commissioner Winton: So moved Chairman Sanchez: -- Winton, second by Commissioner Regalado. It is under discussion. Commissioner Winton, you're recognized for discussion. Commissioner Winton: I think the architecture here is spectacular. I'm really pleased with the extra effort spent on the bay walk, because I think our dream, long-term, is to end up with a bay walk that starts at the little park in front of blue, and go all the way downtown up the river, both sides of the river, I mean, where people really have a significant greenbelt in the City of Miami that they can jog on, Rollerblade on, walk on, crawl on, whatever on they want to do that's legal, and this is a crucial part of it. The next comment I want to make, though -- and it has no bearing on yours, because I've looked at the aerial; we've looked at the survey. You don't have any single family homes that have significant architecture on your site. You've got old, ratty apartment buildings, so I don't have a problem with a bulldozer coming after those, but because these things keep coming, 1 want to keep putting it on the public record, and that is that we need to do everything in our power to require developers to pay the cost associated with saving those really neat single family homes that have a great reuse value, where we require them to pick them up and move them, at their expense, to a neighborhood that could use them, and put them back on the market; get a nice house; save architecture that's original architecture in the City of Miami, nobody else has it, and we can save the architecture and create a house that someone else could utilize in a neighborhood that needs single family housing. Doesn't impact you guys, but I'm sure that you'll be representing other developers where it may impact them, so make sure that you have a little chitchat with them as we move forward, and other than that, I think this is a -- it's just a very, very attractive project, and -- Chairman Sanchez: All right. Any -- Commissioner Winton: --1 think you've done a real good job addressing the kind of issues that we're interested in today, and that is both the quality of the architecture, how the street is treated, how your garage is hidden, and access to the public. Fabulous. Chairman Sanchez: All right. Any further discussion from the Commission? Hearing none, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries, and we go to PH (public hearing) -- City of Miami Page 93 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Ms. Pardo: Thank you very much. Chairman Sanchez: PZ.4 05-00140 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 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 05-00140 SR Fact Sheet.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 Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton 12700 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 4 and 5 are companion land use City of Miami Page 94 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 and zoning change requests for 790 Northwest 44th Avenue. The Planning Department had originally recommended denial on both, but -- although they were recommended for approval by the Planning Advisory Board and the Zoning Board The City Commission passed this on first reading on May 26. Again, PZs 4 and 5. Chairman Sanchez: All right. This is PZ.4 and 5, being a companion item. Is the applicant ready? It is an ordinance on second reading. OK. All right. It is an ordinance on second reading. I believe this is just second reading. They had an opportunity at the first -- Vice Chairman Gonzalez:: I'll move PZ 4. Chairman Sanchez: OK, there is a motion. Commissioner Regalado: Second Chairman Sanchez: Is there a second? Before we take a vote, is there anyone in opposition on this item? Vice Chairman Gonzalez: No. Chairman Sanchez: Seeing none, hearing none, the public hearing is closed, coming back to the Commission. There is a motion and a second on this item. It is an ordinance. Mr. -- Madam Attorney, please read the ordinance into the record, and Madam Clerk, a roll call to be followed. The ordinance was read by title into the public record by the Assistant City Attorney. Sylvia Scheider (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Scheider: The ordinance passes second reading, 4/0. PZ.5 05-00140a ORDINANCE Second Reading 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 05-00140a SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from R-3 Multifamily City of Miami Page 95 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 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 Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton 12701 Lourdes Slazyk (Assistant Director, Planning & Zoning): 5 is the companion. Commissioner Allen: 5 is the -- Vice Chairman Gonzalez: I'll move PZ 5. Chairman Sanchez: All right. PZ 5 is a companion item. Anyone in the public wishing to address this item -- Commissioner Regalado: Second Chairman Sanchez: -- please step forward and be recognized. Seeing no one from the public, the public hearing is closed, coming back to the Commission. There's a motion by Vice Chairman Gonzalez, second by Commissioner Regalado. For the purpose of discussion. Hearing no discussion, it's an ordinance on second reading. Madam Attorney, please read the ordinance into the record, followed by a roll call. The ordinance was read by title into the public record by the City Attorney. Sylvia Scheider (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Scheider: The ordinance passes second reading, 4/0. Chairman Sanchez: All right. P -- Unidentified Speaker: Thank you very much, Commissioners. Chairman Sanchez: Thank you. City of Miami Page 96 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 PZ.6 05-00141 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 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 05-00141 SR Fact Sheet.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 Regalado, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton 12702 Chairman Sanchez: PZ.6, it's an ordinance on second reading. City of Miami Page 97 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Lourdes Slazyk (Assistant Director, Planning & Zoning): Right. PZ.6 and 7 are companion items, second reading. Recommended for approval, and also recommended for approval by the Planning Advisory Board and Zoning Board. Passed first reading May 26. Chairman Sanchez: All right. Is there anyone from the public wishing to address this item, please step forward and be recognized. It's an ordinance on second reading. Seeing no one, the public hearing is closed, coming back to the Commission. Is there a motion? Commissioner Regalado: I'll move -- Commissioner Allen: So move. Chairman Sanchez: There's a motion -- Commissioner Regalado: -- PZ.6. Chairman Sanchez: -- by Commissioner Regalado. Vice Chairman Gonzalez: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. It is open for discussion. Hearing no discussion on the item or the ordinance, Mr. City Attorney, read the ordinance into the record, followed by a roll call. The ordinance was read by title into the public record by the City Attorney. Sylvia Scheider (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Scheider: The ordinance passes second reading, 4/0. PZ.7 05-00141a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 21, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "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. City of Miami Page 98 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 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 05-00141a SR Fact Sheet.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 Commercial with an SD-20 Edgewater Overlay District. Motion by Commissioner Regalado, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton 12703 Chairman Sanchez: All right. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.7 is the companion. Chairman Sanchez: PZ. 7 is the companion. It's an ordinance on second reading. Commissioner Regalado: Move it. Chairman Sanchez: There's -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- a motion by Commissioner Regalado, second by Vice Chairman Gonzalez. Before we go to discussion, 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. It is an ordinance on second reading. Mr. City of Miami Page 99 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 City Attorney, read the ordinance into the record, followed by a roll call. The ordinance was read by title into the public record by the City Attorney. Sylvia Scheider (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Scheider: The ordinance passes second reading, 4/0. Chairman Sanchez: All right. PZ (planning & zoning) -- Lucia Dougherty: Thank you very much. PZ.8 05-00292 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 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 05-00292 SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 10544, from "Single Family Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 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. City of Miami Page 100 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 PURPOSE: This will change the above property to Restricted Commercial. Motion by Commissioner Regalado, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton 12706 Chairman Sanchez: So, at this time, we'll go ahead and start with PZ.8. Is there anyone here on PZ 8? All right. Lourdes Slazyk (Assistant Director, Planning & Zoning): OK, Commissioner, for the record -- Chairman Sanchez: Madam Director. Ms. Slazyk: -- Lourdes Slazyk. PZ 8 and 9 are companion land use and zoning change items. These are here on second reading today. These are for the property at 720 Southwest 30th Avenue. The change is requested from single-family residential to restricted commercial, with the zoning of C-1. The Planning Department has recommended approval. It's also been recommended approval by the Planning Advisory Board and the Zoning Board, and passed by the City Commission on first reading, May 26. Chairman Sanchez: All right. That is PZ.8, and it's on second reading. Commissioner Allen: This is on second reading, right. Ms. Slazyk: Yes. Commissioner Regalado: I'll move it. Chairman Sanchez: Yes, it is. OK. Vice Chairman Gonzalez: Second. Chairman Sanchez: There is a motion by. Commissioner Regalado, second by Vice Chairman Gonzalez, for the purpose of discussion. Before discussing the item, it is an ordinance on second reading, requiring a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission for discussion. Commissioner Allen, you're recognized for the purpose of discussion. Commissioner Allen: Frankly, Mr. Chairman -- let's see, this is on second reading. Obviously, we dealt with this before, but all parties -- I should say all parties, but all departments approved this, but on its face, if Joe Q. Public were to look at this, this would appear to be a drastic change. You're doing away with single-family to restrict commercial. Ms. Slazyk: This property is located between 7th and 8th Street, fronting on 30th Avenue. It is in conjunction with the property on 8th Street that is being changed, and it is an appropriate change because of the adjacent commercial. Commissioner Allen: Right, so there can be -- Ms. Slazyk: Yes. City of Miami Page 101 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Allen: -- a seamless, continuous -- Ms. Slazyk: Right. Commissioner Allen: Right. Ms. Slazyk: Yes. Commissioner Allen: Thank you. Chairman Sanchez: All right. Any further discussion on the item? If not, we'll go ahead and have the City Attorney read it into the ordinance [sic], and then, Madam Clerk, a roll call for approval. The Ordinance was read by title into the public record by the City Attorney. Sylvia Scheider (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Scheider: The ordinance passes on second reading, 4/0. PZ.9 05-00292a ORDINANCE Second Reading 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 05-00292a SR Fact Sheet.pdf 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 APPLICANT(S) AGENT: Santiago D. Echemendia, Esquire and Patricia M. Baloyra, Esquire City of Miami Page 102 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 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 Regalado, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton 12707 Chairman Sanchez: All right. PZ.9 is -- Unidentified Speaker: Thank you all. Chairman Sanchez: -- the companion item. Can we have a motion on it? Commissioner Regalado: Move it. Chairman Sanchez: There's a motion by -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- Commissioner Regalado, second by Vice Chairman Gonzalez. It is an ordinance on second reading. Before any discussion, is there anyone from the public wishing to address this item? Please step forward and be recognized. Hearing none, seeing none, the public hearing is closed at this time, coming back to the Commission. If there's no further discussion on the item, Mr. City Attorney, read it into the record, followed by a roll call for a final vote. The Ordinance was read by title into the public record by the City Attorney. Sylvia Scheider (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Scheider: The ordinance passes on second reading, 4/0. Unidentified Speaker: Thank you all. PZ.10 05-00346 ORDINANCE Second 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" DESIGNATED F.A.R. OVERLAY DISTRICT, INCREASING THE F.A.R. TO 1.0, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 260, 282, AND 296 City of Miami Page 103 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 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 05-00346 SR Fact Sheet.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 ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Noes: 1 - Commissioner Winton 12704 Chairman Sanchez: PZ.8 and 9 will be done after 2:30, at the request of one of the Commissioners, and we go to PZ.10. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 10 is a second reading ordinance. This is to change the zoning for the property at 260, 282, and 296 Northwest 57th Avenue. This is -- and 5710 Northwest 3rd Street. This is, not actually changing the underlying zoning; it's to add an SD-I9 Overlay with a 1.0 FAR (floor/area ratio). It has been recommended for denial by the Planning Department, approval by the Zoning Board, and it passed on first reading May 26. City of Miami Page 104 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Chairman Sanchez: All right. This is an ordinance on second reading. Before we let the applicant -- I believe he's already spoken on this -- if he wants to add anything to the record. Is there anyone in opposition on this item? Please step forward and be recognized. This is no one in opposition to this item. Commissioner Regalado: I move PZ.10. Vice Chairman Gonzalez: Second. Chairman Sanchez: All right. There is a motion by Commissioner Regalado, second by Vice Chairman Gonzalez. The item is under discussion, that is PZ.10. Any discussion on PZ.10? It's an item -- it's an ordinance on second reading. Hearing no discussion on the item, Mr. City Attorney, could you read the ordinance into the record, followed by a roll call. Jorge L. Fernandez (City Attorney): Certainly. The ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk. Sylvia Scheider (Assistant City Clerk): Roll call. Commissioner Winton? Commissioner Winton: Well, 1 wasn't here for the new discussion, so I'm looking at my notes from the old discussion and 1 voted "no" then, and I -- since I don't have any new information, I'm still voting no. Chairman Sanchez: OK. Commissioner Allen: Yeah. We're speaking of PZ. 10, correct? Commissioner Winton: Yes. Ms. Slazyk: 11. Chairman Sanchez: PZ10. Ms. Slazyk: Yeah, 10, I'm sorry, 10. Chairman Sanchez: 11. I'm sorry, 10. Ms. Scheider: PZ.10. Chairman Sanchez: 10, 10, yes. Ms. Scheider: Commissioner Allen? Commissioner Allen: Aye. Chairman Sanchez: OK. Ms. Scheider: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Scheider: Vice Chairman Gonzalez? City of Miami Page 105 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Vice Chairman Gonzalez: Yes, ma'am. Ms. Scheider: Chairman Sanchez? Ms. Scheider: The ordinance passes second reading, 4/1. Chairman Sanchez: OK. PZ (planning & zoning) -- Unidentified Speaker: Thank you very much. PZ.11 05-00344 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 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 05-00344 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 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 Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton 12708 Chairman Sanchez: PZ 11 is also an ordinance on second reading. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes, PZ 11 and PZ 12 is a second reading ordinance for the SD-16 amendments. This is updating and cleaning up the existing SD-16, 16.1 and 16.2, which is the Southeast Overtown/Park West area, and the companion atlas amendment actually applies the 16.1 category to Park West, which had been written years ago and never really applied there. It's finally ready for that, so it's been recommended for approval, and it passed first reading, May 26. City of Miami Page 106 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Chairman Sanchez: All right. Is there a motion and a second for the purpose of discussion? Vice Chairman Gonzalez:: Move it. Chairman Sanchez: There's a motion -- Commissioner Allen: Second. Chairman Sanchez: -- by Vice Chairman Gonzalez , second by Commissioner Allen. Before we open it up for discussion, it is a public hearing. It's an ordinance on second 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 for discussion. Any discussion on this item? If not, I just have a couple of questions. I noticed that we're increasing the FAR (floor/area ratio) from 1.72 to 4.32, but I want to know, what does that bring? Is that going to bring more design reviews to make sure that we do focus on -- Ms. Slazyk: Absolutely. Chairman Sanchez: -- having better architectural and -- Ms. Slazyk: Absolutely. There is criteria -- Chairman Sanchez: -- better design? Ms. Slazyk: We're designating a series of streets as primary pedestrian pathways, which will require 65 percent ground floor retail and service uses. There are requirements for upper level footprints to make sure that canyons don't get built without proper light and air flow. There is requirements for design review now for everything, where today there is not. Under the current C-1 and C-2 that's there, something could be built as of right, and we'd never see it; so rather than that happening, and us getting -- Chairman Sanchez: Right. Ms. Slazyk: -- all the phone calls, why didn't we look at it -- we're -- and this has also been reviewed in conjunction with the Southeast Overtown/Park West Redevelopment Plan that was recently adopted, and it's consistent with that plan. Chairman Sanchez: So you would say, within a -- without a doubt, that this is good large-scale development? Ms. Slazyk: Yeah. The design review component is there. The requirements for ground floor active pedestrian uses is there. It is a much more flexible ordinance than what was there before. Modifications and setbacks for things like arcades are encouraged, which will make really much more walkable streets than what we have there today. Chairman Sanchez: All right. Having stated that, Mr. City Attorney, could you read the ordinance into the record, followed by a roll call from Madam Clerk. The Ordinance was read by title into the public record by the City Attorney. Sylvia Scheider (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Scheider: The ordinance passed second reading, 4/0. City of Miami Page 107 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 PZ.12 05-00344a ORDINANCE Second 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 1-395 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 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 05-00344a SR Fact Sheet.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 Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Allen Absent: 1 - Commissioner Winton 12709 Chairman Sanchez: All right. That takes us to PZ.12. Lourdes Slazyk (Assistant Director, Planning & Zoning): This is the companion atlas City of Miami Page 108 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 amendment. Vice Chairman Gonzalez: Move PZ 12. Commissioner Allen: Second. Chairman Sanchez: OK. There is a motion by Vice Chairman Gonzalez, second by Commissioner Allen. Before discussing the item, we like to take it to the public hearing, which is -- falls under an ordinance second reading. The public hearing is open at this time. Anyone wishing to address this Commission, please step forward and be recognized Seeing none, hearing none, the public hearing is closed, coming back to the Commission for a vote. There is a motion and a second on the record already. There is no further discussion on this ordinance. Mr. City Attorney, could you read the ordinance into the record? The Ordinance was read by title into the public record by the City Attorney. Sylvia Scheider (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Scheider: The ordinance passed second reading, 4/0. PZ.13 05-00345 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 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 05-00345 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 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 Regalado, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen 12705 City of Miami Page 109 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Chairman Sanchez: PZ 11 is after 2:30, after lunch. We move to PZ 12. Lourdes Slazyk (Assistant Director, Planning & Zoning): 12 is actually a companion to 11. Chairman Sanchez: All right. That'll -- Ms. Slazyk: You want to do it at 2:30? Chairman Sanchez: -- be heard after 2 o'clock. We go to PZ 13. Ms. Slazyk: PZ 13 is a second reading ordinance that amends the sign code for the SD-23 Coral Way Special Overlay District. This is in order to add the sign provisions for a vertical shopping center, principally for the Miracle Center project that they're going to be redoing. It's been recommended for approval by the Planning Advisory Board, and passed on first reading May 26. Chairman Sanchez: This item is on second reading. Before we make a motion on this item, let's open it up 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. We need a motion for approval. Commissioner Regalado: I'll move it. Chairman Sanchez: There's a motion and a second. Is there a second for the -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- purpose of discussion? Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a second. The motion is made by Commissioner Regalado, second by Vice Chairman Gonzalez, and the item is right -- it's now under discussion. Any discussion on the item? Hearing none, Mr. City Attorney, read the ordinance into the record, followed by a roll call. The ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk. Sylvia Scheider (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Scheider: The ordinance passes second reading, 4/0. PZ.14 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 City of Miami Page 110 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 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 04-00572a May 19, 2004 PAB Reso.pdf 04-00572 & 04-00572a Miami River Commission Analysis.PDF 04-00572 Application & Supporting Docs.pdf 04-00572-S u bm itta 1. pdf 04-00572-S u bm itta I. pdf REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to "High Density Multifamily Residential" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1622 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. Motion by Vice Chairman Gonzalez, 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. We move on to PZ 14. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.14 and 15 are first reading. This was continued on May 26, by the City Commission. This is for the properties at 1622, 1630 Northwest 22nd Avenue, and 2210 Northwest North River Drive. The request was from duplex residential to high density multifamily residential. The -- at the continuance at the last hearing, we were meeting with the applicant in order to see what kind of terms could be proffered in a City of Miami Page 111 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 covenant. The covenant is being handed out to you now. The developer has proffered that the property, they shall not exceed a maximum height of 120 feet; the property shall develop -- shall be developed with no more than 136 units; any parking garage shall be entirely lined with habitable space along the waterfront areas; the owner shall not apply for any variances from the City of Miami Zoning Ordinance in relation to residential development on the property, and that any building on the property shall be setback a minimum of 20 feet from the edge of the water, where, again, normally 15 is required, and it shall incorporate enhanced green scapes. I also just want to put on the record, since it is on the water, it will require a Class II anyway, so what they've proffered here is certain caps on themselves, and the rest of the design review, we could do through the Class II. Chairman Sanchez: Counselor, are you ready for your very brief presentation? Ben Fernandez: Yes, I am. Mr. Chair, Ben Fernandez, 200 South Biscayne Boulevard, on behalf of the applicant. We concur with the Planning Department; look forward to bringing you a -- the Department a Class II Special Permit on this matter. Chairman Sanchez: Has the City Clerk been handed a Declaration of Use of Restrictions? Mr. B. Fernandez: Yes, they have. Chairman Sanchez: All right. Is there anyone in opposition to this item? Jorge L. Fernandez (City Attorney): Well -- Commissioner Allen: Yeah. You know -- Mr. J. Fernandez: Mr. Chairman. Commissioner Allen: And I -- go ahead. Mr. J Fernandez: This is your first reading, and we are seeing this in my office for the first time. Before your second reading on this item -- Chairman Sanchez: Oh, absolutely. Mr. J. Fernandez: -- we would make sure that we would let you know -- Ms. Slazyk: Approve it as to form, yeah. Mr. J. Fernandez: That's right. Chairman Sanchez: No, absolutely, yes. I just want to make sure -- it's an ordinance; I want to open up to the public to make sure there's -- is there anyone from the public wishing to address this item, anyone in opposition, please step forward and be recognized. Let the record reflect there's no opposition on this item, coming back to the Commission. It is on first reading, and we Commissioner Allen: Yeah. Mr. Chairman. Chairman Sanchez: -- have been given a Declaration of Use of Restrictions, with conditions. Commissioner Allen: Right. Mr. Chairman, I just want to weigh in. Chairman Sanchez: Before -- we need a motion and a second -- City of Miami Page 112 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Vice Chairman Gonzalez: 1'!l move it -- Chairman Sanchez: -- for the purpose of discussion. Vice Chairman Gonzalez: -- and this is in my district. Chairman Sanchez: This is -- it's first reading. OK, there is a motion to approve by Vice Chairman Gonzalez. Is there a second? Commissioner Regalado: Second. Chairman Sanchez: This is only first reading. Commissioner Allen: Right. I was just -- Chairman Sanchez: Second by Commissioner Regalado. Now, it is open for a discussion. Commissioner Allen. Commissioner Allen: Yes, sir, Mr. Chairman. 1 just recall that this was a pretty hotly, if you will, debated issue the last time, referring back to my notes, and so you're pretty satisfied, Planning Department, with the compromise here? Ms. Slazyk: What -- yeah. What they're doing, instead of sticking with an R-3 and trying to go with variances for height, they've limited themselves through a covenant to 120 feet. Commissioner Allen: Right, because I know there was some issue with the expressway abutting this place. Ms. Slazyk: Yes, that's why they needed to go taller. There was also some access issues -- Vice Chairman Gonzalez: 22nd Avenue. Commissioner Allen: Right. Ms. Slazyk: Right. There were also access issues, which they've resolved by purchasing the additional property to get them up to 16th Terrace. Commissioner Allen: Right, but I also -- in addition to that, I always ask the City Attorney regarding these P&Z (planning & zoning) items, does he have the necessary approval with conditions well in advance, before he voted, but that's why I was going to turn it -- it appears to me you're just being handed this at the last minute. I mean, is that -- Mr. J. Fernandez: Well, actually, I'm waiting to hear from the assistant in my office who handles this. Lourdes has represented to me that this has already been shared with my office, and that we have done a preliminary review, and we're fine with all the conditions contained here, because they reflect what the requirements of the Department are and the expressions of this Commission, but certainly, by the time it comes back to you for second and final reading -- Commissioner Allen: I see. Mr. J. Fernandez: -- it will be, you know, completed, executed, and certainly approved by us. Commissioner Allen: OK, thank you. City of Miami Page 113 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Chairman Sanchez: All right. Commissioner Allen: It's a Class II, so that gives an opportunity, right. Chairman Sanchez: OK. It is an ordinance -- any further discussion? Hearing none, it's an ordinance on first reading. It will come back to us for second reading; we could debate it then or discuss it then. All right, Mr. City Attorney, could you read the ordinance into the record. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. Sylvia Scheider (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Scheider: The ordinance passes first reading, 5/0. PZ.15 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. 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 04-00572a June 14, 2004 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 City of Miami Page 114 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 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. 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 Chairman Sanchez: PZ 14 is a companion item. Commissioner Winton: OK. Chairman Sanchez: Commissioner -- Lourdes Slazyk (Assistant Director, Planning & Zoning): 15. PZ 15 is the companion -- Chairman Sanchez: I'm sorry. Ms. Slazyk: -- and this is the one where the Commission would accept the voluntarily proffered covenant. Vice Chairman Gonzalez: I'll move PZ 15. Commissioner Winton: Second, discussion. Chairman Sanchez: OK. There's a motion for the record by Vice Chairman Gonzalez. There's a second by Commissioner Winton. Before we discuss it, it is an ordinance on first reading. We open it 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 discussion. Commissioner Winton, you're recognized. Commissioner Winton: I think it's important to put it -- a few points on the record here, because this is on the river, and I know we get constantly criticized for doing it right or wrong on the river, and it's a shame that our cameras can't show the aerial of this site, because it would be very beneficial for the public to look at it, because if you look at this site, it is a classic case of us, as Commissioners, having to deal with a very, very imperfect world that the 30-, 40-year predecessors to us have created in the City of Miami, because this site is right up against a bridge that goes over the Miami River, and that's a big negative for most uses, other than marine use. However, it's zoned duplex, utilized as duplex currently. There's a slip next to it that has boats in it, and on the west side of that slip, adjacent to this property, is another -- appears to be an apartment looking -- Vice Chairman Gonzalez: It's an apartment building. City of Miami Page 115 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Chairman Sanchez: -- building. Across the river, though -- and this is the narrow part of the river -- is absolutely major, heavy-duty marine use; two radically incompatible uses, and we can't fix it because you can't force this other site back to marine use, because it's already a residential use. Don't even know if the marine people would want to use it as that, so we're just trying to -- and so if you leave it low rise, nobody wants to be looking up under the girders of the bridge, and so you have to create some height here so that you can get the residents above the really ugly pieces so maybe you've got something that makes sense, and that's the reason why staff, I think, has done a good job at finding the appropriate compromise for this particular site that allows for continued economic viability for some of these sites that are -- that have been zoned and utilized in very item compatible fashions over the long haul. Ben Fernandez: Commissioner Winton, if I may, just for the record, you're absolutely correct. This site, most of it has been vacant for some time. Across the way, there is marine industrial. However, those sites have been vacant for years, to my understanding. The only viable marine industrial use -- Commissioner Winton: Well, there's ships along there. Mr. Fernandez: -- in this segment of the river -- that's a very old aerial photograph. Commissioner Allen: Right. Mr. Chairman, if I may, just a quick query on this issue. If I may, Lourdes, you've agreed to a compromise here, but I'm trying to recollect here, did the Miami River Commission weigh in on this? Ms. Slazyk: The Miami River Commission had recommended denial because of the access issue, which the applicant has addressed by purchasing more property to have two streets of access rather than just one. Commissioner Allen: OK, so that satisfies their outstanding issue. Ms. Slazyk: 1 don't think it satisfies them, but that was -- Commissioner Allen: But it's a compromise. Ms. Slazyk: -- one of their issues, right. Commissioner Allen: A solution, in other words. Ms. Slazyk: What they're proffering in the covenant here is something in between the R-3 and R-4. They're not maximizing it. They're R-3.5, for lack of a better word, and the liners, and just so -- again, on the record, because it's on the water, they will have to get a Class 11 regardless of what they do. Mr. Fernandez: And the Zoning Board -- Ms. Slazyk: So, it will go -- Mr. Fernandez: -- did recommend approval, as well. Ms. Slazyk: Right. Commissioner Allen: Right, OK. Chairman Sanchez: Vice Chairman Gonzalez. City of Miami Page 116 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Vice Chairman Gonzalez: Yeah. Johnny, 1 agree with you a hundred percent, you know, on everything that you said, but in addition to what exists there now related to zoning, this property has been abandoned -- Commissioner Winton: Oh, even worse. Vice Chairman Gonzalez: -- that I can remember, probably the last 10, 12 years, and if you drive by there, 1 mean -- Commissioner Winton: It's terrible. Vice Chairman Gonzalez.: -- it's the most disgusting scenery that you can see, and nothing has been done on this property for all those years. Finally, thank God, we got someone that is going to take care of it, clean it up, and do something positive about it because, you know, if you live on the other side of the river or next to this property, and you have to -- every time you step out of your door, have to look at that mess, you know, you -- Commissioner Winton: Yeah. Vice Chairman Gonzalez: I don't know for how long you can take that, so people around that area have been take -- you know, taking it for years and years and years, and finally, something is -- positive is going to happen with it. Last night, I went by. As a matter of fact, I was going on Northwest North River Drive, and you know, I look the other way because I said, my God, you know, and this is happening in many, many of these parcels, you know, that have been abandoned for years and years and years, and nothing gets done, nothing gets built; the neighborhood have -- having to live with this type of mess, and like you say, you know, finally, we starting to do something positive with all of these sites. Thank you. Chairman Sanchez: All right. Any further discussion? As the Chair, Igo last. You know, if you look at the declarations of use of restrictions, this was an item that came in front of this legislative body, and the Commissioner who represents the area, who is looking out for the best interest of the area as to pertaining development, concern with what was going to go on that site, concerned with the surrounding residents, did what we have done, which is a positive aspect to smart growth, send it back, got people involved with the residents, asked the Administration to work with them, to work out the differences, to one, improve an area that, for many years, had been neglected, and today it happens to be one of our growing -- one of our grow -- largest resources, which is the Miami River. Second, look at the conditions that are being placed that I could guarantee you, 20 years ago, none of these conditions would even come up, and today, we've seen major projects that have come in front of this legislative body and we have focused to protect areas to make sure that we have bay walks, river walks, conditions that are set forth to, not only assist in the development, but control develop; focus on a word that we continue to focus on here, whether we get criticized by those that say, "You know, they're handing out permits to everyone." That isn't true. 1 think today we are more restrictive when it comes to development in the City than we've ever been before, and we focus on having a plan of action, which we have, which is step-by-step, plan by plan, to assure that Miami's growth is done in a way which is considered to be smart growth, and if you look at the conditions that are set forth, it's just a perfect example of what the Administration needs to be doing, as well as the Commissioners, to assure that as we continue to grow, we continue to protect the public's right-of-way, as greenways and bay walks, and covering parking lots that, in the past, you look at and you go -- you could see cars through the parking lots. Today, we're hiding those parking lots. Today, we're having more interests into properties that are more pedestrian friendly, prettier; into neighborhoods that are more accepted as we go on, so this is just a step in the right direction. I do this as much as I can. I think that when people do something right, they should be commended, and I should be -- they should be praised, and I'm praising Planning and Zoning, I'm praising the developer, and I'm praising the Commissioner of the district who made City of Miami Page 117 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 the effort to make sure that when this project came in front of this Commission, it was laid out so we don't have to beat our heads and discuss and debate in a way that really it's not deemed right by the public, so congratulations to all for working together. This is perfect example that when you're able to work together, you're able to accomplish great things, so congratulations to all. Having said that, it is an ordinance on first reading. It will come back to us for second reading, so Mr. City Attorney, read the ordinance into the record, followed by a roll call for first approval. The Ordinance was read by title into the public record by the City Attorney. Sylvia Scheider (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Scheider: The ordinance passes first reading, 5/0. PZ.16 05-00410a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1400-1500 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, FROM "OFFICE" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00410a Legislation.pdf 05-00410 & 05-00410a Exhibit A.pdf 05-00410a Analysis.pdf 05-00410a Land Use Map.pdf 05-00410 & 05-00410a Aerial Map.pdf 05-00410, 05-00410a & 05-00410b Miami River Comm Comments.PDF 05-00410a PAB Reso.pdf 05-00410a Application & Supporting Docs.pdf REQUEST: To Amend Ordinance No. 10544, from "Office" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1400-1500 NW N River Drive APPLICANT(S): Mahi Shrine Holding Corp. APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: Unanimously found the project to be consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan on February 7, 2005. PLANNING ADVISORY BOARD: Recommended approval to City City of Miami Page 118 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commission on May 18, 2005 by a vote of 5-0. See companion File IDs 05-00410 and 05-00410b. PURPOSE: This will change the above properties 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: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado Chairman Sanchez: All right, so we -- Unidentified Speaker: Thank you very much. Chairman Sanchez: -- move on to PZ (planning & zoning) -- Lourdes Slazyk (Assistant Director, Planning & Zoning): 16. Chairman Sanchez: --16. Ms. Slazyk: 16 and 17 -- Commissioner Winton: One six. Ms. Slazyk: -- are companion items. This is a change of land use and zoning; property located at approximately 1400 to 1500 Northwest North River Drive. This, you may know it as the Mahi Shrine site. The land use and zoning changes were recommended for approval by the Planning Department, approval by the Planning Advisory Board, and approval by the Zoning Board. The request is from "0" to C-1, with an FAR (floor/area ratio) of 2.8. The C-1 here allows the property to be much more flexible in creating a true mixed -use nature project for this site, and again, we're recommending approval. This is a component of a Major Use Special Permit, which you will see at your next meeting. The Major Use is not on this agenda. Chairman Sanchez: All right. As stated on the record, the Major Use is not on this agenda, so at this time, Madam Counsel, are you ready -- are you prepared for your presentation? I'll bet you are. Vicky Garcia -Toledo: Yes, sir. Chairman Sanchez: You may proceed. Ms. Garcia -Toledo: Thank you. For the record, Vicky Garcia -Toledo, with offices at the Wachovia Center, and I'm appearing before you today on behalf of McCaffery Interest and IPS (Integrated Property Services) Development, on a project located at the -- at what we all know as the Mahi Shrine. This is a parcel of property of approximately ten acres, and is a, I believe, wonderful addition to the Allapattah neighborhood. This is bringing the quality of projects that we have been enjoying in other neighborhoods in the City to Allapattah, and it is a mixed -use project that calls for commercial, office, and residential uses. It is fronting on the Miami River, and I am very pleased to say that even though it is not legally required to do so, this project has incorporated an entire river walk. It has also added another street from North River Drive to the river, creating a drivable, as well as a pedestrian friendly area, to bring individuals closer to the river. The ground floor will be commercial. It envisions restaurants along the river, as well as along Northwest River Drive. This will be a welcomed opportunity for services that are vastly needed by what is one of our largest employment centers in the city. It's also bringing City of Miami Page 119 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 residential units to the neighborhood, which is drastically in need of additional housing, and hopefully, what this will do is that people will be able to live where they work, and get off their cars, and improve our transportation corridor. I'd like to, by reference, include the presentations that I made, which are much more detailed, as to the technical and legal requirements of the land use and zoning change at the Zoning Board and at the PAB (Planning Advisory Board), and the architect is here. He71 be very happy to give you a walk-through of the project. Commissioner Allen: 1-- Mr. Chairman -- are you guys done? I just have a question. Oh, you're done. I'm sorry. Chairman Sanchez: Well, you're -- 1 mean, you'll always -- you could ask them the question. 1 mean, you want them to continue with the presentation, and ask -- Commissioner Allen: Yeah. I notice you were about to hand it over. If I could, Mr. Chairman, I just -- before you step away, I'd just like to ask you a quick question. You've said a great many terrific things. I think this is a fabulous project here. As you know, this is being placed in a major employment center, so to that end, I have two questions. One, what are the price points on this, because the people that live and work in that employment center only have a certain income level, so will they be able to purchase units in this particular project? Ms. Garcia -Toledo: What we have found is that there is a vast range of employment here. We have everyone from support staff at the different hospital facilities in the area -- Commissioner Allen: And the justice system. Ms. Garcia -Toledo: -- and the government buildings across the street, all the -- Commissioner Allen: The justice system. Ms. Garcia -Toledo: -- way to very high paid professionals in this area. There will be a very large range of product availability, because of the nature of the different elements that we're putting in these projects and the size of the building, but 1 believe the entry area, right now, is about the -- $250 -- Commissioner Allen: OK, so that's -- the price -- Ms. Garcia -Toledo: -- thousand dollar entrance. Commissioner Allen: -- points are starting basically at 200, 000. Ms. Garcia -Toledo: About 250, 000. Commissioner Allen: Now, also, second question. Again, a beautiful project here. This, in no way, shape, or form gives anyone the impression that there's no public access to the river. I want to put that on the record, so you could just further elaborate on it again. The way this is structured, it provides a walkway; it doesn't hoard off, if you will, access to the river. Ms. Garcia -Toledo: No, not at all. In fact, it does exactly the opposite. Right now, there is only one street, which is 15th Road, which dead -ends just shortly before the river. What we have done -- and I'll probably ask the architect to kind of outline it for you, so he can show you where it is -- we have opened another additional street, if you will, which is a private road that mimics 15th, and then it goes -- there is a driving lane actually in front of the river, so not only is the river now fully accessible by someone coming down North River Drive, turning into either one of these streets, driving in front of the river and exiting at the next street, back out to North River City of Miami Page 120 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Drive, but those streets are fully lined with pedestrian friendly sidewalks that are fully landscaped with shaded trees, so we have really totally enhanced accessibility to the river that was not there, and then on the river itself we have setback consistent with the Code requirements of the river walk, even though they're not applicable in this particular district and neighborhood. Commissioner Allen: OK. Thank you. Ms. Garcia -Toledo: So, the same enjoyment that people will have in downtown Miami, they will have at this location. Commissioner Allen: Thank you. Aristides Garcia: For the record, Aristides Garcia, with the firm of Wolfberg, Alvarez & Partners. Not wanting to repeat Vicky's presentation, let me just run you very quickly through the major points. Commissioner Winton: You need to speak closer to the microphone. Mr. Garcia: The site is obviously bifurcated by Northwest 15th Avenue, which left a lot of land on the east side, so we introduce this road that allows accessibility throughout the site. This does two things: It brings vehicular traffic along the river's edge, which doesn't exist today, and it emphasize the pedestrian traffic to the river's edge, which doesn't exist today. We further emphasize this by the creation of the boardwalk. All these buildings are setback roughly 50 feet. Commissioner Allen: Right, and Mr. Chairman, if I may. You're saying some very operative things. 1 must just ask you one question to that end. Based on the nature and the size of this project, what about the accessibility of cars? Let's say, for example, this development was fully occupied, ingress and egress, and -- Mr. Garcia: Yeah. All access to parking, loading, et cetera, has all been internalized on the site. Everything is off North River Drive, so you have access points here along Northwest 15th Avenue, which are internalized into the garages. You also have access points on this additional road that we're creating on the other side. There's also a drop-off area for the initial phase right along the river's edge. The other thing that we did, after we incorporated these circulation routes, is then activate those edges, so we've activated the edges by not only having retail along North River Drive, but residential along the internal roads and residential along the streets. We also have restaurants here at the intersections, so the whole pedestrian activity along the edges has all been activated. The residential itself is actually not internalized; it's actually stoop conditions. You can access from the outside from the pedestrian realm. Commissioner Allen: So those features that you're speaking of can handle the traffic flow? Mr. Garcia: Absolutely, absolutely. Commissioner Allen: And I just want to know, Lourdes, is that -- Mr. Garcia: Absolutely. Commissioner Allen: -- that was addressed -- Mr. Garcia: Absolutely. Commissioner Allen: You know, that's -- Ms. Slazyk: You're going to see that in the MUSP (Major Use Special Permit), the whole traffic City of Miami Page 121 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 study -- Commissioner Allen: Right, going forward, they've addressed -- Ms. Slazyk: -- in our URS (Urban Review Standards) review -- yeah -- at the next meeting. Commissioner Allen: Right. Ms. Slazyk: Today, it's the land use and zoning, and it was recommended for approval. It passed the concurrency analysis. Commissioner Allen: Right. I just want to make sure going forward -- Ms. Slazyk: Yes -- Commissioner Allen: -- that they've addressed that. Ms. Slazyk: -- they did do their traffic study and it did go -- Commissioner Allen: So we won't -- Ms. Slazyk: -- through review. Commissioner Allen: Right, that's my point. Chairman Sanchez: All right. Commissioner Allen: OK. Chairman Sanchez: Any further questions? Commissioner Allen: That's it. Chairman Sanchez: If not, is there anyone from the public in opposition to this item, please step forward and be recognized? Judith Sandoval: I just have a question. Chairman Sanchez: Well, ma'am, you've got to come up and state your name for the record, and ask those questions. Yes. Ms. Sandoval: (UNINTELLIGIBLE) some questions. Chairman Sanchez: Sure. Could you please state your name and address for the record? Ms. Sandoval: My name is Judith Sandoval, 2536 Southwest 25th Terrace, Silver Bluff. One question is, what size apartment do you get for quarter of a million dollars? Mr. Garcia: The unit mix ranges from 1, 2, and 3 bedrooms. Ms. Sandoval: That a one -bedroom? Mr. Garcia: There's also town house -type units along the ground floor. Ms. Sandoval: No. I was just talking about the cheapest apartments; what size do you get, one City of Miami Page 122 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 bedroom? Mr. Garcia: Correct. Ms. Sandoval: That's not really affordable housing, Mr. Allen. Ms. Garcia -Toledo: This is not a -- Vice Chairman Gonzalez: Nobody's said this was -- Ms. Sandoval: That's not a family size apartment. It's not affordable. It's lower than some other apartments, but I just wanted to point that out, and my other question is, because Mr. Winton has eloquently and very favorably spoken of green spaces, I wondered what kind of landscaping there's going to be along the river, and where the green areas will be? Chairman Sanchez: Ma'am, you -- did you see this? Ms. Sandoval: Yeah. Chairman Sanchez: Look at that. 1 mean, right there -- yeah. Could you walk her through it and show her -- Mr. Garcia: Sure. Chairman Sanchez: -- that it -- Mr. Garcia: As Vicky mentioned -- Chairman Sanchez: -- the private driveways? Mr. Garcia: This is Northwest 15th Street, so there's a heavily landscaped median with fountains, et cetera. Then along the perimeter edges of these sidewalks that we're creating, they're all heavily landscaped with trees, as you can see. Along the river's edge, what we've created is a 50-foot buffer zone. Ms. Sandoval: 50 foot fray. Mr. Garcia: Yes, and that includes -- and you can see here, in a blow-up detail, that includes not only circulation areas, but it also includes planters, and fountains, et cetera, inventions, and landscaping along the edge to really activate the area. Chairman Sanchez: Ma'am, did that -- was that able to answer your question? Ms. Sandoval: (INAUDIBLE) a nice buffer zone on the river, greenery, everything. It's terrific. (UNINTELLIGIBLE) made of that. Chairman Sanchez: Thank you so much, ma'am. Mr. Garcia: Thank you. Chairman Sanchez: All right, anyone else? If not, the public hearing is closed at this time, and it's an ordinance on first reading. It will come back to us for second reading. Vice Chairman Gonzalez: Mr. Chairman, I move -- City of Miami Page 123 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Winton: by the way, could 1 make a com -- Vice Chairman Gonzalez: -- PZ 16. Commissioner Winton: I need to make a -- put a point on the record here relative to affordable housing. Chairman Sanchez: Well, let's -- yeah. Let's do that, but let's get a motion and a second, and we'll -- Commissioner Winton: Motion. So moved Chairman Sanchez: -- do it under discussion. Commissioner Allen: Second. Vice Chairman Gonzalez: Second Chairman Sanchez: OK, there's a motion by Vice Chairman Gonzalez, second by Commissioner Winton. For the purpose of discussion, I believe you wanted to speak on affordable housing, which is workforce housing. Commissioner Winton: Yes. This is a market -driven project. It receives no -- Commissioner Regalado: Subsidies. Commissioner Winton: -- government subsidies whatsoever, and to build in today's marketplace, with land costs and construction costs where they are, it's very difficult to build anything without government subsidy that you can sell for $250, 000. That's the real fact of it, and the reason why I keep harping -- and I've said this three or -- two or three times now, and I'm going to say it over and over again -- affordable housing is going to be the biggest crisis we face in the State of Florida over the course of the next 50 years. Every time there's a real estate transaction done in the state of Florida, we pay a fee to the State of Florida that goes into a housing trust fund. That fee, in order of magnitude this past -- this year, generated something in the million -- in the neighborhood of $450 million. The State of Florida Legislature, with the support of the Governor, in their infinite wisdom, passed a new bill this year, which says "Two years hence, we're going to cap that fund" -- I don't remember the exact number; order of magnitude again -- "at $250 million, " even though it's generating $450 million today, and they're going to take the remaining money, which, by then, will be $500 million -- they're going to take that other half and put it in the general fund Commissioner Allen: Balance the budget. Commissioner Winton: Explain that to me, so we're doing all we can, at the local level, to try to create affordable housing opportunities. The marketplace can't do it without government support. We've got a fund that the state legislature was smart enough to create 15 years ago. It's a fabulous mechanism, and our State's decided now that they want to raid the fund, so you all could help us, immensely, by pounding on our Dade Delegation, un -- just with unrelenting pressure, to make them change that law and assure that that fund not be raided, or the alternative, which, 1 think, we're going to lobby for, is if you want to do that around the rest of the state, no problem; do what you want, but we want, if it's a dollar we put in here -- Chairman Sanchez: Leave it here. Commissioner Winton: -- you can -- you want to keep half that dollar for distribution, you give City of Miami Page 124 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 us the other half -dollar right here, locally, and we'll use every cent we can to build affordable housing in the City of Miami, and that's how you all can help us. Chairman Sanchez: All right. Any further discussion? If not, the public hearing was opened and closed, and we're ready for a vote. It's an ordinance on first reading. Mr. City Attorney, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: All right, Madam Clerk, roll call. Sylvia Scheider (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Scheider: The ordinance passes first reading, 4/0. Commissioner Allen: Mr. Chairman, if I could just make a quick observation, and with your indulgence, please. This is in connection with what Commissioner Winton indicated about affordable housing. I brought this issue up sometime ago, even in advance before Commissioner Winton discussed the State affordable housing as a discussion item under his district items. To that end, I do recall requesting from the City Manager -- I guess, Lourdes, you don't know -- or Madam Billberry -- I am still waiting on a report in terms of what do we have in the affordable housing trust relative to these FARs (floor/area ratios) that are -- the developers are providing, because they're out there. We need to establish some sort of criteria in terms of distribution of that money, and so forth, so 1 don't know if, Lourdes, if you're in a position to weigh in on this right now or, Otto, I'd like to --1 mean, it's been well in advance of close to two months now; 1 never got a report on it. You may or may not be aware of this, Otto. Otto Boudet-Murias (Chief Planning and Economic Development): Commissioner, 1 am aware of it. We'll distribute the report next week to you. We think -- Lourdes recollects about $7 million in the account at this moment, but we'll verify that figure, and there are a series of projects that will be paying into the fund over the next few months. Commissioner Allen: Once they complete the seal. Ms. Slazyk: Well -- yeah. What happens is once they -- no, when they come in for a building permit. I've been just tracking the ones that, through MUSP, have gotten the approvals, and I have -- my report shows about 7 million has been collected. I didn't subtract from that what's been dispersed yet, and there's about 11 million more coming, that's been approved, but they don't pay it until they come in with a building permit, so -- Commissioner Allen: Right, because I've also done my own calculations since I've sat here as a Commissioner, and I've got my figures. I want to compare them with yours, but also to that end, it's your understanding, we really have not established a criteria in terms of expenditures of those affordable housing trusts. We should, in fairness of all the large scaled developments that are taking place here in the City, have a balance, if you will, to make sure we use those monies to build, if you will, affordable housing units for our citizens, constituents of the entire City, relative to the employment center, so that's something that we need to work towards on -- Ms. Slazyk: Right. I'd like -- I mean, the -- Commissioner Allen: 1 want to make sure that the money is not -- Ms. Slazyk: That's something, I guess, the Manager's office would, you know, provide you with a City of Miami Page 125 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 recommendation on, but all of the expenditures thus far have been to -- the City Commission has approved all of the appropriations thus far thus far. Commissioner Allen: That's right, so we -- Ms. Slazyk: Yes. Commissioner Allen: -- have to approve those appropriations -- Ms. Slazyk: Yes, we do. Commissioner Allen: -- right? Because once it -- Ms. Slazyk: Yes. Commissioner Allen: -- comes into the coffers, it's now considered public funding. Although it's coming from private development, it's characterized now as public money, right? Ms. Slazyk: Yeah. I know that the expenditures thus far have come to the City Commission. Mr. Boudet-Murias: Yes, that is correct. Commissioner Allen: All the expenditures, OK, and well get background information on that, right? Chairman Sanchez: All right. Commissioner Allen: OK, thank you. PZ.17 05-00410 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 24, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "0" OFFICE TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, INCREASING THE F.A.R. TO 2.8, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1400-1500 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. 05-00410 Legislation.pdf 05-00410 & 05-00410a Exhibit A.pdf 05-00410 Analysis.pdf 05-00410 Zoning Map.pdf 05-00410 & 05-00410a Aerial Map.pdf 05-00410 ZB Reso.pdf 05-00410, 05-00410a & 05-00410b Miami River Comm Comments.PDF 05-00410 Application & Supporting Docs.pdf REQUEST: To Amend Ordinance No. 11000, from 0 Office to C-1 Restricted Commercial with an SD-19 Designated F.A.R. Overlay District, City of Miami Page 126 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Increasing the F.A.R. to 2.8 to Change the Zoning Atlas LOCATION: Approximately 1400-1500 NW N River Drive APPLICANT(S): Mahi Shrine Holding Corp. APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: Unanimously found the project to be consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan on February 7, 2005. ZONING BOARD: Recommended approval to City Commission on April 25, 2005 by a vote of 9-0. See companion File IDs 05-00410a and 05-00410a. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-19 Designated F.A.R. Overlay District, increasing the F.A.R. to 2.8. Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Allen Absent: 2 - Commissioner Sanchez and Regalado Chairman Sanchez: PZ 17 is a companion item. Lourdes Slazyk (Assistant Director, Planning & Zoning): Correct. Commissioner Allen: Thank you. Ms. Slazyk: It's been recommended for approval by the Zoning Board and approval by Planning Department. Vice Chairman Gonzalez: 1 move PZ 17. Chairman Sanchez: All right. There's -- Commissioner Allen: Second. Chairman Sanchez: -- a motion to approve PZ 17, which is an ordinance on first reading, a companion item. Is there a second? Commissioner Winton: Second Commissioner Allen: I'll second Chairman Sanchez: There's a motion by Vice Chairman Gonzalez, second by Commissioner Allen. Before we open it for discussion, it is an ordinance on first reading, requiring a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized Seeing none, hearing none, the public hearing is closed at this time, coming back to the Commission. Any further discussion on the Commission? If not, Mr. City Attorney, could you read the ordinance into the record, followed by a roll call. City of Miami Page 127 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 The Ordinance was read by title into the public record by the City Attorney. Sylvia Scheider (Assistant City Clerk): Roll call. Vice Chairman Gonzalez: Roll call. A roll call was taken, the result of which is stated above. Ms. Scheider: The ordinance passes first reading, 3/0. Unidentified Speaker: Thank you. PZ.18 05-00520 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SPECIAL DISTRICTS, IN ORDER TO AMEND SECTION 610 AND SUBSECTIONS THEREOF, SD-10 JACKSON MEMORIAL HOSPITAL MEDICAL CENTER OVERLAY DISTRICT, IN ORDER TO CHANGE THE NAME OF THE DISTRICT TO THE "MEDICAL HEALTH CARE, HOSPITAL AND RESEARCH PARK OVERLAY DISTRICT", AND IN ORDER TO MODIFY SPECIAL DISTRICT REQUIREMENTS, INCLUDING CONSIDERATIONS FOR CLASS II PERMIT DETERMINATIONS REQUIREMENTS RELATED TO HEIGHT, SETBACK, FLOOR AREA RATIO AND PARKING AND LOADING LIMITATIONS FOR SPECIAL PERMITS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00520 Legislation.pdf 05-00520 Analysis.pdf 05-00520 PAB Reso.pdf 05-00520-Modification.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 May 18, 2005 by a vote of 5-0. See companion File ID 05-00520a. PURPOSE: This will change the name and modify special district requirements for the SD-10 Jackson Memorial Hospital Medical Center Overlay District. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado Vice Chairman Gonzalez: PZ 18. City of Miami Page 128 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 18 and 19 are companion items. This is a text amendment to the Zoning Ordinance and the companion atlas amendment. This is in order to expand and mods the SD-10 special district. It was formally the Jackson Memorial Hospital Medical Center Overlay District. In the expansion of the district and some new incentives that are being created, we are renaming the district the Medical Healthcare Hospital and Research Park Overlay District. This is in recognition of the fact that Jackson is not the only provider out there. There are other medical providers, including the University of Miami. This amendment, what it does more than anything, is it provides modifications to incentivize the medical research and institutional functions that we would like to continue to occur in that district. What it does is it raises the FAR (floor/area ratio) for those uses, it raises the MUSP (Major Use Special Permit) thresholds, but for the first time, it includes new design criteria to ensure that as redevelopment and development continues to occur out there, that a pedestrian friendly campus is created to make the linkages between all of the medical facilities out there much more comfortable for the people that have to use them, whether they work there, or visiting, or are being treated, or research people there, that the walkability of the district is much more comfortable. FAR. There is one change 1 need to read into the record on -- under Section 610.2, the effect of the ordinance, the last sentence. "Properties located within the SD-10 overlay district boundaries, which" -- I'm removing the words "do not" -- so it'll read, "which have an underlying GI (government/institutional) zoning classification" -- then removing the word "or" and adding "and" -- " are not proposed for government or institutional uses shall not qualify for the increased FAR and increased MUSP threshold provisions included within this section 610, as specified below." The purpose of this is that the -- special districts, as you know, is something we use around the City in various places to promote or incentivize certain things,_so the other uses are still permissible in this district, but the incentives for the additional FAR and MUSP thresholds, because of the special intent of this special district, really should be for the government and institutional uses. That was the intent of this district. This language that I'm changing now clarifies that, so with that, it's also been recommended for approval by the Planning Advisory Board Commissioner Allen: If I could, Mr. Chairman. Vice Chairman Gonzalez: Yes, sir. Commissioner Allen: Quickly, Lourdes, you said a great many operative things here. This is a request to change the designation to an overlay district, and you said a number, again, operative words. This will incentivize and create, if you will, additional jobs, I would assume. Ms. Slazyk: Yes. Commissioner Allen: But to that end, does this also give Jackson the ability, if you will, to create a biomedical research, or something to that effect? Because concomitant with that, you have disposal issues, as well, and my concern is this does overlap into any district, because generally, when you put together a biomedical research, there are tremendous environmental disposal issues that one has to be addressing, so does this give them the ability to create this? Ms. Slazyk: Yes. This does allow -- Commissioner Allen: And we need to be mindful that we have to put some safeguards in place in terms of the disposable aspects of the biomedical research by-products, if you will. Ms. Slazyk: Yes. The -- this -- all this is is the zoning part of it. This just says that, as a land use in the zoning category, it is permissible. They still have to get -- go get all of their approvals, as required by DERM (Department of Environmental Resources Management), or any other agency with jurisdiction over disposal of medical waste or hazardous waste, because they can't get their licenses and their -- occupational licenses and certificates of approvals to function without those City of Miami Page 129 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 approvals. All that's before you today is the zoning and land use. As a land use, it is permissible in this district. Commissioner Allen: Right, I understand, but I just want to make sure the Department's well aware of that, and that my Commission is well aware -- my fellow Commissioners are well aware of this. This is going to go forth, and these are some of the things that we're trying to incentivize. Ms. Slazyk: Yes. Commissioner Allen: I want to be mindful of that so that I won't be having to deal with issues going forth. Ms. Slazyk: OK, yeah. Commissioner Allen: Because building a biomedical really brings up some really serious issues, whether my Commissioners are aware of that. I mean, this is done largely in the southern portion of Maryland, and it's caused some problems down there with those residents year ago, when they created this biomedical research, and the disposal issues, and the by-products thereof so -- Ms. Slazyk: Right. Well -- Commissioner Allen: -- just keep that in mind I mean -- Ms. Slazyk: Yeah, those would have to be addressed as they get their permits for approval. Commissioner Allen: All right, so you'll be on -- Ms. Slazyk: This is just the land use. Commissioner Allen: 1 know, but you'll be on top of that going forth. That's what I want -- Ms. Slazyk: I don't do that. Isn't that the -- Commissioner Allen: Well, the zoning -- and I just need to -- you know, I mean -- Ms. Slazyk: When we give them their zoning permits, we don't -- Commissioner Allen: Right, I understand. Ms. Slazyk: -- review the waste facilities. Commissioner Allen: I understand, but you will have some -- Ms. Slazyk: OK. This is just for land use and zoning. Commissioner Allen: Yeah, 1-- Ms. Slazyk: They still subject to all other requirements. Commissioner Allen: Right, 1 understand -- Ms. Slazyk: OK Commissioner Allen: -- but just be mindful of that. City of Miami Page 130 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Ms. Slazyk: OK. Commissioner Allen: That's my point. Chairman Sanchez: All right, the applicant here is the City, correct? Ms. Slazyk: The applicant is the City. Chairman Sanchez: All right. This is an ordinance on first reading, so it is open to the public. Anyone from the public wishing to address this item, please step forward and be recognized. Lucia Dougherty: Yes, sir, Mr. Chairman, Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm here today on behalf of Sam and Judah Burstyn and the Travelodge. The Travelodge is located in this district. It is planned to be an SD-10 overlay. It is zoned GI, and it is in desperate -- excuse me, the Days Inn -- and it is in desperate need of redevelopment, and it is the intent of our client to actually redevelop this property into a better hotel than it is currently today. 1 don't have to tell you that when you go to hospitals, hotels are very integral to a hospital use because you have patients and their families, and the visiting professors, and visiting doctors are something that's necessary. Having said that, this ordinance does not give any of the benefits of this district to this particular property because it is privately owned. I have several things that 1 want to put on the record, and I want a clarification. Do we have the ability -- and this is what I want to ask Lourdes -- to go and ask for the same FAR and the same -- with a Major Use Special Permit and a SD-19, even though you're taking away the SD-19s currently, will we have the same ability to get that same FAR? Ms. Slazyk: OK. First of all, just to clarify, the SD-19 that's out there today and SD-10 is 2.4 FAR. We're removing that SD-19 because we're replacing a 3.0 FAR in the district, so -- and there's a little piece that's 3.2 that we're not touching because we didn't want to downzone somebody that already had 3.2 out there, so that was the reason for what we were doing with SD-19. Commissioner Winton: Mr. -- Ms. Slazyk: As far as -- Commissioner Winton: Excuse me a minute. Mr. City Attorney, would you make sure that what was just put on the record is accurate? There was a comment about leaving a piece that -- Ms. Slazyk: Of SD-19. Commissioner Winton: -- has an FAR of 3.2 that we've left out because we didn't want to downzone. Vice Chairman Gonzalez.: Downzone. Commissioner Winton: Does the fact that we change the FAR from 3.2 to 3 -- Ms. Slazyk: No. Commissioner Winton: -- constitute a downzoning? Ms. Slazyk: Not necessarily. Yeah. No, I don't believe, necessarily. Maybe 1 didn't phrase that properly. City of Miami Page 131 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Winton: Thank you. Thank you. Ms. Slazyk: The existing structure out there may already be at a 3.2, and we didn't want to create a nonconformity, so -- Commissioner Winton: Thank you. I just wanted to make sure the record -- Ms. Slazyk: -- it's already there, and we -- Commissioner Winton: -- was clear. Ms. Slazyk: -- didn't want to touch that because that wasn't the intent of this exercise. Commissioner Winton: Thank you. Ms. Slazyk: With respect to any existing property in the city, under today's laws -- and I can't talk to future laws, as the City Commission may amend them, but under today's zoning requirements, if you have a piece of property in the city and you want to request a Major Use Special Permit to get bonuses to develop it, at a 1.72 with Major Use Special Permit bonuses, you can reach a 2.4 approximately, FAR. With the SD-19, you can request up to a 3.0. That's under today's laws, so yes, it can be requested under today's restrictions. Jorge L. Fernandez (City Attorney): And Mr. Chairman, furthermore, to clarify this, the nature of the ownership is not necessarily critical to the way that the SD-10 will be applied, so that if a governmental entity owns and want to put it to a use other than the use delineated here, they will not be permitted, simply because they're owned by a public entity, so that is critically important. Commissioner Winton: Thank you. Ms. Dougherty: So -- Ms. Slazyk: It's not ownership -- Ms. Dougherty: -- that goes to my second question. Ms. Slazyk: -- it's use. Ms. Dougherty:: If the -- if one of the institutions wanted to build either a hotel or a medical office buildings, they do not get these incentives? Mr. Fernandez: It would be my opinion that they wouldn't be entitled to it because we're being very specific in the rationale that we're giving for establishing this incentive and this criteria in the SD-10. Vice Chairman Gonzalez: That was exactly -- that was going to be my question, exactly that. Let's say that these hospitals or these companies decide to build a hotel -- Ms. Dougherty: 1 have another question. Just -- Vice Chairman Gonzalez: -- are they going to have the benefits that the nonhospital businesses will have? It's going to be a difference on the benefits? Mr. Fernandez: No. Vice Chairman Gonzalez: What I'm saying is -- City of Miami Page 132 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Mr. Fernandez: Yes. Vice Chairman Gonzalez: -- we have a hotel and they are being -- they have to go by one set of rules. Ms. Slazyk: Correct. Vice Chairman Gonzalez: OK. Commissioner Winton: Privately owned hotel. Ms. Slazyk: Correct. Vice Chairman Gonzalez: Huh? Ms. Slazyk: Regardless of who owns it. Commissioner Winton: You're saying privately owned hotel, right? Vice Chairman Gonzalez: Exactly. Commissioner Winton: Not government. Vice Chairman Gonzalez: Exactly. Now, the governmental institutions that are going to go into this area, they are going to be handled by another set of rules. Mr. Fernandez: Not -- Vice Chairman Gonzalez: Now -- huh? Mr. Fernandez: Well, yes, to the extent that they will be allowed, if they're going to be doing research facilities, if they're going to be doing -- Ms. Slazyk: Hospitals, right. Vice Chairman Gonzalez: They're -- Ms. Slazyk: Government and research. Vice Chairman Gonzalez: I'm just directing myself to the FAR. Mr. Fernandez: All right. Vice Chairman Gonzalez: They're going to be allowed to have, I think it's 3.4? Ms. Slazyk: 3.0. Ms. Dougherty: 3.0. Commissioner Allen: 3.0? Vice Chairman Gonzalez: 3.0, OK. Now, we have 16 hotels in the area, which is limited to, how much is it? City of Miami Page 133 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Allen: 2.4 -- Vice Chairman Gonzalez: 1.8? Ms. Dougherty: 1.72, with bonuses to 2.4. Commissioner Allen: 1.72? Vice Chairman Gonzalez: OK. Ms. Slazyk: Right. Vice Chairman Gonzalez: My question is -- Commissioner Winton: Under current law. Vice Chairman Gonzalez: -- let's say that tomorrow -- Commissioner Winton: Under current code. Vice Chairman Gonzalez: -- the University of Miami decides to build a hotel. Are they going to be handled with the same book that this private enterprise is handled by, or they're going to be treated -- Chairman Sanchez: Differently. Vice Chairman Gonzalez: -- as the research labs and the medical components? Mr. Fernandez: no. If what they will build will be hotel, they will be treated like hotel builders will be treated. Vice Chairman Gonzalez: All right. Mr. Fernandez:: Just because it is the University of Miami or some other governmental or quasi governmental entity doing the development doesn't mean that immediately the character of the development becomes unimportant. Vice Chairman Gonzalez: And let me tell you -- Mr. Fernandez: It is the nature of the development that controls. Vice Chairman Gonzalez: I'm in total support of this. I think this is going to be great for that area. I think this is going -- we're going to see something there that we never thought that we would ever see happening in this area here, but I'm -- I also have a concern that -- and I agree with Lucia, you know. Hotels are very important for these areas, where we have hospitals and, you know, treatment centers, where relatives of people that are being taken care of can stay at, and eventually, we're going to need a bigger hotel to serve this area, so -- and my question is this: Will they be allowed, through a process, not automatically, not covered under this ordinance, but will there be a process where they can achieve the same FAR as these medical buildings or the -- whatever components are going to go into these areas. Ms. Slazyk: Under today's regulations, yes, absolutely, there is a process. Vice Chairman Gonzalez: Under today's regulations. City of Miami Page 134 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Ms. Slazyk: Under today's. I can't -- Vice Chairman Gonzalez: OK. Ms. Slazyk: -- speak to amendments in the future, but under today's laws, they can request a Major Use Special Permit with bonuses, and SD-19, which this Commission sees all the time. In fact, the case just before this on the agenda, the Mahi Shrine included an SD-19. Mr. Fernandez: However, Mr. Chairman, Commissioners -- Vice Chairman Gonzalez: Answer my question. Mr. Fernandez: -- you need to be aware that this is truly a policy decision that belongs to you. Staff is strongly recommending, following the guidance that you've given them in the development of this SD (special district), to come with this limited issue to benefit and to incentivize these types of -- but, as a matter of policy, you may choose to expand that, if you want to call it generosity on the part of the Commission, to commercial builders, and then give the same type of incentive to private developers, or to -- Chairman Sanchez: No. Mr. Fernandez: -- any developer, whether they be private or governmental or whatever, to do hotels, so it's a policy decision that you're dealing with. You will not be precluded from doing either. However, staff is clearly recommending that you adopt the language that they have suggested. Commissioner Allen: And Madam Lucia, your question is relative to your existing client, will they be able to avail themselves of the same privileges that are being granted to this -- Ms. Dougherty: Yes, and I think she's answered it -- Commissioner Allen: Right, so -- Ms. Dougherty: -- to my satisfaction. I have one more further question, though. Commissioner Allen: Good. Ms. Dougherty: What if a biomedical facility contacts my client for the purpose of building, and then my client leasing a biomedical facility to them or leasing the building to a biomedical facility, do we have the ability to have the 3.0, and increased bonuses, and MUSP thresholds -- Commissioner Allen: That's a good question. Ms. Dougherty: -- if we're going to use it for a biomedical facility or any -- Vice Chairman Gonzalez: But then what happened is -- Ms. Slazyk: My understanding is the use -- Commissioner Winton: Well, let -- Ms. Slazyk: -- is what governs here, so if you come in and request a Certificate of Use for a biomedical research facility, the use is what governs, not who owns it. It's what -- Ms. Dougherty: OK That's -- City of Miami Page 135 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Allen: Right, the character of the use. Ms. Slazyk: -- you use it for. Ms. Dougherty: That clarifies it for me, so -- Ms. Slazyk: And through a Class II, you'll be bound by covenant -- Chairman Sanchez: What? Ms. Slazyk: -- to continue that use. Commissioner Winton: That answers the question. Commissioner Allen: To the character of the use, right? Ms. Slazyk: Yes. Ms. Dougherty: Yes. Commissioner Allen: Right. Ms. Slazyk: It's lied to the use -- Chairman Sanchez: All right. OK. Ms. Slazyk: -- not who owns it. Vice Chairman Gonzalez: All right, so -- Commissioner Winton: Do we have a motion on this? Chairman Sanchez: Before -- as the Chair, let's get a motion on the floor and a second. Commissioner Winton: So moved. Chairman Sanchez: There's a motion by Commissioner Winton -- Commissioner Allen: Second. Chairman Sanchez: -- second by Commissioner Allen. As the Chair, I'll speak last. 1 think the key issue here is fairness, and in all fairness, I think that not only should we be fair with people that have been here for the longest time, and have committed themselves, and have plied and invested in the city when people did not invest in our city, these are the pioneers that have been here. We should protect those that have been here when the good, the bad, and the ugly as to other people that are coming on board now, because now it's just the in thing or the hip thing to come and invest. We need to make sure that those people that were here when others -- Vice Chairman Gonzalez: Are protected. Chairman Sanchez: -- that were brought to our cities to invest told us 'you're out of your mind" we need to protect them, so we just want to make it in all -- make it very clear that, in all fairness, fairness has to be applied to those that were pioneers and investing in Miami, and not the ones that are coming in from out of town now and making all the money, so having stated City of Miami Page 136 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 that on the record, the question -- Vice Chairman Gonzalez: If you allow me. Chairman Sanchez: -- has been called. Vice Chairman Gonzalez: If you allow me. As the district Commissioner, that's -- that was exactly my concern. Chairman Sanchez: As stated on the record Vice Chairman Gonzalez: I want these people to be treated with fairness, because they've been there for the longest, throughout the bad and the good, and mostly throughout the bad -- Chairman Sanchez: The bad. Vice Chairman Gonzalez: -- OK, and now we're telling them, "No, no, wait a minute. You need to move, or you can't do nothing here, you cannot rebuild, you cannot participate, you don't have a chance." You know, we're -- no, no, no. I want fairness, and I want them to have, you know, equal treatment. Chairman Sanchez: Well, 1 think the record -- the statement in the records that have been put in on the record by the Administration really addresses some of the concerns, I believe, they had, so having said that, it's an ordinance on first reading. There is a motion and a second The public hearing has not been closed. Is there anyone else from the public wishing to address this item? Hearing none, seeing none, the public hearing is closed at this time, coming back to the Commission. I think we've debated this item long enough. Mr. City Attorney, read the ordinance on first reading into the record, followed by a roll call. Mr. Fernandez: And clearly with the language that Ms. Slazyk read into the record The Ordinance was read by title into the public record by the City Attorney. Sylvia Scheider (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Scheider: The ordinance passed first reading, 4/0. PZ.19 05-00520a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 24 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 1-95 TO THE EAST, NORTHWEST 20TH STREET TO THE NORTH, STATE ROAD 836 TO THE SOUTH AND NORTHWEST 14TH AVENUE TO THE WEST, MIAMI, FLORIDA; (SEE COMPLETE LEGAL DESCRIPTION AND MAP ON FILE), IN ORDER TO REMOVE THE SD-19 DESIGNATED FAR OVERLAY DISTRICT FROM THE FORMER SD-10 JACKSON MEMORIAL HOSPITAL MEDICAL CENTER OVERLAY DISTRICT, AND IN ORDER TO ADD THE NEW SD-10 "MEDICAL HEALTH CARE, HOSPITAL AND RESEARCH PARK OVERLAY DISTRICT" TO THE ENTIRE NEW BOUNDARIES FOR SUCH PROPERTIES, AS LEGALLY DESCRIBED IN "EXHIBIT A" OF THE City of Miami Page 137 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 ADOPTING ORDINANCE; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00520a FR Legislation.pdf 05-00520a Zoning Map.pdf 05-00520a Aerial Map.pdf 05-00520a PAB Reso.pdf REQUEST: To Amend Ordinance No. 11000 by Changing the Zoning Atlas to Add the SD-10 Medical Health Care, Hospital and Research Park Overlay District to Certain Properties and Simultaneously Remove the SD-19 Designated FAR Overlay District from Portions of the District as Described in the Ordinance LOCATION: Approximately Bounded by Interstate 1-95 to the East, NW 20th Street to the North, SR 836 to the South and NW 14th Avenue to the West APPLICANT(S): Planning Department FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 18, 2005 by a vote of 5-0. See companion File ID 05-00520. PURPOSE: This will generally add the SD-10 Medical Health Care, Hospital and Research Park Overlay District to the above properties. Motion by Commissioner Winton, 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: All right, and we move to PZ.19, which is a companion item. Commissioner Winton: So moved Lourdes Slazyk (Assistant Director, Planning & Zoning): Right. Chairman Sanchez: There's -- Vice Chairman Gonzalez:: Second. Chairman Sanchez: -- 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. It's an ordinance on first reading. Is there 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 no discussion from the Commission, Mr. City Attorney, read the ordinance on first reading into the record, followed by a roll call. City of Miami Page 138 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. Sylvia Scheider (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Scheider: The ordinance passed on first reading, 4/0. PZ.20 05-00521 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SPECIAL DISTRICTS, IN ORDER TO AMEND SECTION 627 BY AMENDING THE NAME OF THE SD-27.2 DISTRICT FROM BUENA VISTA YARD WEST SPECIAL DISTRICT TO MIDTOWN MIAMI WEST SPECIAL DISTRICT, AND BY AMENDING CERTAIN PROVISIONS IN THE SD-27.1 DISTRICT RELATED TO HEIGHT OF PARKING STRUCTURES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00521 Legislation.pdf 05-00521 Zoning Map.pdf 05-00521 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 May 18, 2005 by a vote of 5-0. PURPOSE: This will amend the name of the SD-27.2 district from Buena Vista Yard West Special District to Midtown Miami West Special District and amend certain provisions in SD-27.1. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado Chairman Sanchez: All right. PZ20 is an ordinance on first reading. This is a clean up on Midtown West. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes, that's exactly -- Chairman Sanchez: All right. Ms. Slazyk: -- what it is. City of Miami Page 139 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Chairman Sanchez: Let's -- well -- Ms. Slazyk: It's changing the name of the Buena Vista Yard West Special District to Midtown Miami West Special District, and in the last clean up, we did a ten percent allowance increase to the heights of buildings, and we didn't include the garages, so this cleans up the garages. Chairman Sanchez: And this comes to us from -- approval from the Planning -- Ms. Slazyk: Correct. Chairman Sanchez: -- Department of Planning and Zoning Advisory Board, so -- Commissioner Winton: So move. Chairman Sanchez: All right. There is a motion -- Commissioner Allen: Second. Chairman Sanchez: -- by Commissioner Winton, second by Commissioner Allen. It is a ordinance on first reading, requiring a public hearing. Yes, ma'am. It is a public hearing. Please step forward; state your name for the record, and your address. Nina West: My name is Nina West, today representing Buena Vista East Neighborhood Association, historically (UNINTELLIGIBLE) association. We want some clarification of the language in P -- in this item, because it talks about other language and other things, and we'd just like to know what the other language and the other things are, and if it's encouraging anything or discouraging anything. Ms. Slazyk: No. I have the ordinance right here. The ordinance only does two things. It changes the name of the Buena Vista Yard West sub -- OK. When we adopted the Buena Vista Yard East and West Special Districts, we're changing the name to Midtown Miami West because they're marketing their district as Midtown, and they wanted that name. The only other change being made is -- Commissioner Winton: Which only applies within the boundaries -- Commissioner Allen: Right. Ms. Slazyk: Right. Commissioner Winton: -- of the development. Commissioner Allen: Right. Ms. Slazyk: Only the -- for what's in the boundaries. Commissioner Winton: Not in -- not outside the boundaries. Ms. Slazyk: Yes. It's only the boundaries. In the old Buena Vista Yard property, the City designated the east and west parts of the old container yard Buena Vista Yard East and Buena Vista Yard West. Last -- couple months ago, we initiated the process of changing the name of the whole district to Midtown Miami. We started with the Midtown Miami East and now we're doing West. The other clean up that's in here was -- one of the last clean ups was that the heights of buildings that were established, height limits that were established for Midtown was 300 feet, City of Miami Page 140 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 and then 350 feet for corner properties. There was a flexibility given to them to do a ten percent increase, as necessary, for architectural features, or whatever they were going to do, and that, we forgot to include the ten percent increase for the associated garage, for the pedestal to make sure they can handle the parking appropriately, so that's all -- Commissioner Winton: Again -- Ms. Slazyk: -- this or -- yeah, and I can give you a copy of the ordinance if you want to see it. Commissioner Winton: -- only within the boundaries of the railyard. Ms. Slazyk: Only within the boundaries of the Midtown Miami Special District. There's your copy of the ordinance. Chairman Sanchez: Now, let me just clam. Ma'am, you could obtain a copy of our agenda five days prior to City Commission meeting; you could request it, and the City Clerk will give you a copy of our agenda. Ms. West: That's right, but we sometimes have to go to work, earn a living. I have a hundred year old aunt, who I take care of at home. Chairman Sanchez: I'm sorry. Ms. West: And we don't have -- exactly have time to run down, back and forth -- Chairman Sanchez: Well, you -- Ms. West: -- wait on line, come back after lunch. Chairman Sanchez: Do you have a computer? Ms. West: I have a computer, but -- Chairman Sanchez: You could get it online. Ms. West: -- you just -- the Legistar is very difficult to get into sometimes, and sometimes the PDFs (Portable Document Format) don't open. Commissioner Winton: So, anyhow, keep going, you know. Ms. West: Yeah, but anyway, 1 wanted to say something to Commissioner Allen about the biomedical. We have a biomedical facility going in your district. 1 think these things bring high -paying jobs, and I think our district needs high -paying jobs more than any other district maybe -- Commissioner Allen: Right. Ms. West: -- in the City of Miami, and if I were you, I wouldn't be --1 think the DERM (Department of Environmental Resources Management) regulations in everything today are not what they were 20 years ago, or 30 years ago. Things are much tighter now, and if I were you, I would not be worried about disposal as much as I would be worried about how many jobs can we create, because these would be jobs with training that people who are in desperate need of raising their socioeconomic level need to deal with, and we are as concerned about affordable rentals and affordable housing as you are. City of Miami Page 141 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Allen: Right. Ms. West: Thank you. Commissioner Allen: Yeah, and, you know, before you step away, I certainly appreciate it and 1 agree with you wholeheartedly, but like anything else, you know, I represent the district. We do have groups out there who misinterpret things, so that's why I want to make it perfectly clear on the record, and I'm glad you pointed out this will create jobs, so someone wouldn't come up here and think that we will be used as a dumping ground because that's the type offodder that gets out there, and boy, once it takes flight, it's hard to control, so I'm glad you said that on the record that it's going to bring jobs, and that's why I wanted to make sure, when I brought it to Lourdes attention that, when this gets out here, the first thing someone would think is that, oh, we're going to be another dumping ground for -- but that's not the case. Ms. West: Well -- Commissioner Allen: Thank you. Ms. West: -- you know, it's your job to educate your district, so -- and I'm going to make a formal invitation to you right here. Your district is having a candidate's night in Model City at the Carrie Meek Center -- Commissioner Allen: I know. Ms. West: -- on June 28, at 6:30, and I would like a commitment you'll be there. Commissioner Allen: Yeah, 1 do, and do me a big favor, exactly what you said, convey that to Power U; that's my (UNINTELLIGIBLE). OK. Ms. West: OK, but are you coming? Commissioner Allen: That's why I'm doing all of this, right. Ms. West: You're the candidate, right? You're coming? Commissioner Winton: You know, for some reason or another, I knew that it was Power U. They -- Commissioner Allen: So now you see where -- Commissioner Winton: -- can't seem -- Chairman Sanchez: All right. Commissioner Winton: -- to ever get their facts straight. Commissioner Allen: Now you understand. Chairman Sanchez: All right, and the problem that you have in your district, Commissioner, I think it's citywide, with people that misinform -- Commissioner Allen: Right. Chairman Sanchez: -- and are out there providing wrong information. OK, PZ 20. City of Miami Page 142 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Winton: Oh, it's a disease right now. Chairman Sanchez: PZ 20, there is a motion on the floor and a second. The public hearing is closed at this time, unless anyone else wants to speak on the item. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. We've debated this item, going to the City Attorney. It's an ordinance on first reading. Read it, and then it's followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: All right. Roll call. Sylvia Scheider (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Scheider: The ordinance passed first reading, 4/0. PZ.21 04-01102a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE ELEMENT/MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING THE GOALS, OBJECTIVES AND POLICIES OF THE FUTURE LAND USE ELEMENT/MAP TO INCORPORATE LANGUAGE REGARDING THE DESIGNATION OF AN URBAN CENTRAL BUSINESS DISTRICT WITHIN THE CITY OF MIAMI; SETTING FORTH THE BOUNDARIES OF THE URBAN CENTRAL BUSINESS DISTRICT; ESTABLISHING A POLICY FOR SUCH DESIGNATION; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 04-01102a Legislation.pdf 04-01102a Analysis.pdf 04-01102a Map.pdf 04-01102a PAB Reso.pdf REQUEST: To Amend Ordinance No. 10544 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 4, 2005 by a vote of 5-0. PURPOSE: This will amend the goals, objectives and policies of the Future Land Use Element/Map by incorporating language regarding the designation of an Urban Central Business District. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado City of Miami Page 1-13 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Chairman Sanchez: OK, let's -- PZ 21. Let's go ahead. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ21 is a -- Commissioner Winton: Well, can't we come back at least at three? Chairman Sanchez: Yeah, we'll come back at three. Commissioner Winton: Yeah, we're late. Ms. Slazyk: PZ 21 is the Urban Central Business District. This is something the Commission adopted a couple months ago. This is the amendment to actually put it into the Comprehensive Plan, so it's consistent with what DCA already approved, and what this Commission already approved. It just actually incorporates it into the goals, objectives, and policies of our comp. plan. Commissioner Winton: So move. Commissioner Allen: I move the item. Chairman Sanchez: All right. There's a motion by Commissioner Winton, second by Commissioner Allen. It's an ordinance on first reading, requiring a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission, hearing no discussion. It's an ordinance. Mr. City Attorney, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: All right. Madam Clerk, roll call. Sylvia Scheider (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Scheider: The ordinance passed first reading, 4/0. PZ.22 04-01438 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 244 AND 252 SOUTHWEST 6TH STREET, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 144 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 04-01438 Legislation.PDF 04-01438 Exhibit A.PDF 04-01438 Analysis.PDF 04-01438 Land Use Map.pdf 04-01438 Aerial Map.pdf 04-01438 PAB Reso.PDF 04-01438 Application & Supporting Docs.PDF 04-01438 FR Fact Sheet 06-23-05.pdf 04-01438-S u b m itta I. pdf REQUEST: To Amend Ordinance No. 10544, from "Industrial" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 244 and 252 SW 6th Street APPLICANT(S): Neo Holdings, Inc.; Legacy Asset Holders, Inc.; Tavmar Investments, LC; Mahlberg Investment Holdings, Inc. and Ibiza Properties, Owners APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 1, 2004 by a vote of 5-2. See companion File ID 04-01438a. PURPOSE: This will change the above properties to Restricted Commercial. CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Allen, and was passed unanimously with Commissioner Regalado absent, to continue PZ22 to the Planning & Zoning meeting of November 2005. [This was later reconsidered and continued instead to the Planning & Zoning meeting of October 2005.] Note for the Record: See minutes for companion item PZ23. Chairman Sanchez: All right. PZ22, it's an ordinance on first reading. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yeah, PZ 22 and 23 are companion items. This is for land use and zoning change for the property at 244 and 252 Southwest 6th Street. The land use change is from industrial to restricted commercial, and the companion zoning change is to SD-7. The Planning Department recommended denial. This is in the West Brickell area. We believe SD-7 is a little high. It had recommended -- it was recommended for approval by the Planning Advisory Board and approval by the Zoning Board, though. Chairman Sanchez: All right. Madam Applicant, are you ready? Commissioner Winton: May I ask a question before we get there? City of Miami Page 145 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Chairman Sanchez: Sure. Commissioner Winton: We've had a number of applications in the same zone, have we not, in the past? Ms. Slazyk: Right. Well, this is the second or third one. You continued this one. You may be remembering when this one was back before you. The Commission had approved the one previous to this, but this one was continued twice, and you know, it's back before you today. Commissioner Winton: Which one did we approve? Ms. Slazyk: You approved one just to the north of this. 1 believe this map here shows it. Commissioner Allen: Right, with a SD-7. Ms. Slazyk: Yeah. It was approved just to the north, though, it was closer to the river. This one is more inland Chairman Sanchez: It was in West Brickell. Ms. Slazyk: So we recommend denial. We know that, you know, West Brickell is something that the DDA (Downtown Development Authority) is looking at now under -- in the DDA plan; under Miami 21, it's being looked at -- Commissioner Winton: We just hired the consultants. Ms. Slazyk: -- and there are rules being created -- you know, there will be new rules for the West Brickell area. SD-7 is very high zoning. Commissioner Winton: And that's coming in a few months, and -- Ms. Slazyk: Right. We would recommend, you know -- in the land use change to restricted commercial, we actually have less concerns if you were to want to go with a restricted commercial -- Commissioner Allen: Right. Ms. Slazyk: -- and a C-1, but that's -- Commissioner Winton: Do we -- Mr. City Attorney, do we have the right to move for a continuance immediately, or do we have to listen to a presentation? Chairman Sanchez: No, you could ask for a deferral. Commissioner Allen: Yeah. I make a motion we move for a deferral, considering what Planning has just indicated, and that won't prejudice you in any way, I would hope. Commissioner Winton: Well, we're not asking her; I'm asking the City Attorney a question. Jorge L. Fernandez (City Attorney): Well, yes, you can. The item is yours, and you can do -- you can defer it to another date. The applicant also has the right to ask for a continuance. The applicant is not asking for it, but the item doesn't belong to her. The item belongs to you. Commissioner Winton: I'm going to move to the Planning and Zoning meeting of December of 2005. City of Miami Page 146 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Allen: December of 2005. Commissioner Winton: Because that's the point at which we ought to have this stuff figured out relatively closely. Adrienne Pardo: Can I just speak to that, as the applicant? Yes? Can I speak to that, as the applicant? Commissioner Winton: I don't know. Chairman Sanchez: As the applicant -- Ms. Pardo: I'll take a -- Commissioner Winton: 1 moved -- Ms. Pardo: -- minute. Chairman Sanchez: I don't think you could speak much if there's a motion and a second Ms. Pardo: But it's to December. Commissioner Winton: Yes, I move to December, which is the point at which we think we'll have Chairman Sanchez: There is a motion by Commissioner Winton to defer the item till December. Is there a second? 1 think Commissioner Allen second the motion. Commissioner Allen: I'm sorry. I'm terribly sorry, yes. Chairman Sanchez: There's a motion to second -- Commissioner Allen: Is that for the deferral? Chairman Sanchez: -- to defer to December -- Commissioner Winton: Yes. Commissioner Allen: Yes. Chairman Sanchez: -- giving Miami 21 an opportunity. Commissioner Allen: An opportunity to juxtapose this with (UNINTELLIGIBLE) -- right. Chairman Sanchez: All right. All in favor, say "aye." Ms. Pardo: Could I please just speak to it? Thirty seconds, that's all. I want to say something. Chairman Sanchez: Go ahead. Ms. Pardo: Thirty seconds. December is six months away. If I could just ask for ten minutes of your time to go through this. Commissioner Winton: No. City of Miami Page 147 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Ms. Pardo: I understand -- Chairman Sanchez: Thank you very much. Ms. Pardo: I'll take five. Commissioner Winton: No. Chairman Sanchez: All right. All in favor -- Ms. Pardo: Then -- wait, wait. Chairman Sanchez: -- say "aye." Ms. Pardo: Then if I could just ask that you continue it to September, because the market --1 mean, December's a long time away. A lot happens with the market with regards to -- Chairman Sanchez: Madam Applicant, there's a motion and a second by the district Commissioner. We're going to vote on it. Commissioner Winton: How about 1 down it to November because maybe we will be there by November -- Ms. Pardo: October? Commissioner Winton: -- so I'll modify my motion to November, but it won't be any time before then because I don't want to have to go through the same thing again. Chairman Sanchez: All right, so listen, you amend your motion from December to November. Commissioner Winton: Yes. Chairman Sanchez: All right. Ms. Pardo: October? Chairman Sanchez: Does the maker of the motion -- the second -- Commissioner Allen: Second. Chairman Sanchez: -- accept it? All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. OK. PZ.23 04-01438a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 36 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "I" INDUSTRIAL AND "C-1" RESTRICTED COMMERCIAL TO "SD-7" City of Miami Page 148 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 244 AND 252 SOUTHWEST 6TH STREET; 219, 233, 243, 253 AND 257-259 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-01438a Legislation.PDF 04-01438a Exhibit A.PDF 04-01438a Analysis.PDF 04-01438a Zoning Map.pdf 04-01438a Aerial Map.pdf 04-01438a ZB Reso.PDF 04-01438a Application & Supporting Docs.PDF 04-01438a FR Fact Sheet 06-23-05.pdf REQUEST: To Amend Ordinance No. 11000, from I Industrial and C-1 Restricted Commercial to SD-7 Central Brickell Rapid Transit Commercial -Residential District to Change the Zoning Atlas LOCATION: Approximately 244 and 252 SW 6th Street; 219, 233, 243, 253 and 257-259 SW 7th Street APPLICANT(S): Neo Holdings, Inc.; Legacy Asset Holders, Inc.; Tavmar Investments, LC; Mahlberg Investment Holdings, Inc. and Ibiza Properties, Owners APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on January 10, 2005 by a vote of 7-2. See companion File ID 04-01438. PURPOSE: This will change the above properties to SD-7 Central Brickell Rapid Transit Commercial -Residential District. CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Allen, and was passed unanimously, with Commissioner Regalado absent, to continue PZ.23 to the Planning & Zoning meeting in November 2005. A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to reconsider prior motions made to continue PZ.22 and PZ 23 to the November 2005 Planning & Zoning meeting. A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to continue PZ22 and PZ23 to the Planning & Zoning meeting currently scheduled for October 27, 2005. Teresita Fernandez: May I clay' something for the record? Chairman Sanchez: All right. City of Miami Page 149 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Ms. Fernandez: Teresita Fernandez, Hearing Boards. Chairman Sanchez: Hold on, hold on. Whoa, whoa, whoa, whoa, whoa. That's -- let me state for the record that PZ.23 is also continued because it's -- Commissioner Winton: That's correct. Chairman Sanchez: -- a companion. Commissioner Winton: So moved. Chairman Sanchez: All right, so we need a motion to defer that one, too. There's a motion by Commissioner Winton, second by -- Commissioner Allen: Second. Chairman Sanchez: -- Commissioner Allen. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. All right. Teresita. Ms. Fernandez: Yes. I would like to clarify for the record that because the meeting in November sometimes is moved, and we don't have a date certain -- Commissioner Winton: 1 didn't give a date certain. 1 said the Planning and Zoning meeting -- Ms. Fernandez: OK. Commissioner Winton: -- time of November. Ms. Fernandez: That's why in order to be fair to the public, I think the applicant should pay the advertising and renoticing costs. Commissioner Winton: What? Chairman Sanchez: What? Commissioner Allen: The applicant should pay the -- Commissioner Winton: Why is that? Ms. Fernandez: Should pay, I mean, because we need -- Commissioner Winton: Do they pay now? Ms. Fernandez: -- to re -advertise at this particular -- Commissioner Winton: Does the applicant pay now? Jorge L. Fernandez (City Attorney): Well -- Ms. Fernandez: They did, but we have to re -advertise because we don't have like a date certain. City of Miami Page 150 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Mr. Fernandez: But to the extent that it was a motion made -- Chairman Sanchez: Well, yeah, by us. Mr. Fernandez: -- by this Commission -- Commissioner Allen: We have to bear that burden, right? Mr. Fernandez: -- and to the extent that this Commission controls your own calendar, the fact that we don't have a date certain is sufficient for you to have said "to the November P&Z (Planning & Zoning) meeting." Commissioner Winton: Which is what I said, right? Mr. Fernandez: Exactly, and I -- you know, I disagree, but it's up to you to -- Commissioner Winton: I'm with you; I disagree, you know. Ms. Fernandez: OK, so we are not going to re -advertise. Commissioner Winton: I don't know what you're going to do. I don't set the -- you figure that out. You do what you need to do to make it legal. Chairman Sanchez: But, wait a minute. In all fair -- Mr. Fernandez: We need to follow the same procedure that's always followed when you continue -- Commissioner Winton: Exactly. Chairman Sanchez: And what is that same procedure? If we defer it -- if we -- Ms. Fernandez: OK. For instance, if you defer one -- Commissioner Winton: Hold on, hold on. Mr. Chairman. Chairman Sanchez: Yes. Commissioner Winton: I think it's totally inappropriate for Teresita to be up here. We follow the same -- she doesn't come up here every time we do one of these things, we've deferred. Whatever the policy is that we have, do it. Don't come up and talk to us about some new policy, or something different; do whatever we always do. We don't need to have a debate about it. Chairman Sanchez: And in all -- in fairness -- in all fairness, I don't think -- I mean, if we're asking for the deferral 'til November, I think we should pay for it. Vice Chairman Gonzalez: It's not fair for them to pay the advertisement. Commissioner Allen: We should bear the burden. Chairman Sanchez: It's not them, so -- Commissioner Winton: Well, I don't know who does -- I don't know what the practice is. Just follow the practice. City of Miami Page 151 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Chairman Sanchez: What is the practice? 1 want to know what the practice is, the City advertises. Ms. Fernandez: OK. Mr. Fernandez: No. When the hearings are continued to a date certain, there is no need to advertise because the date is clearly being established. The only difference here is that we cannot say with precision right now -- Commissioner Allen: Right. Mr. Ferncindez: -- as you look at the map -- well, as you look here at the map, there is some blue dots, so that you have tentatively set the hearing -- if it's the second hearing of the month for P&Zfor November 24 or 25. Chairman Sanchez: So as long as we put the date on the record, that's it. Mr. Fernandez: I'm sorry. Those are holidays. Twenty-fourth is the meeting date. Twenty-fourth is the second meeting, and there is a little red line, and the Clerk should speak to this. Vice Chairman Gonzalez: I think the 24th is Thanksgiving. Ms. Fernandez: That's exactly why 1 came here. Chairman Sanchez: OK. Ms. Fernandez: That's exactly why 1 made this point. Commissioner Allen: I see, because of the nature of the change in the month can become problematic. Chairman Sanchez: All right. Commissioner Allen: Could I make a motion? Chairman Sanchez: The maker of the motion -- Commissioner Allen: I'll make a motion that we set a time certain -- Ms. Pardo: October. Commissioner Winton: No, not a time certain. A date certain. Ms. Pardo: October. There's a date in October. Chairman Sanchez: Sure, you would like to have it today, but guess what? This isn't Burger King. Ms. Pardo: I was going to say today, but I figured October, Commissioner Winton would prefer. Chairman Sanchez: Well, this isn't Burger King. You don't get everything your way here. Commissioner Allen: October 27, Commissioner Winton? City of Miami Page 152 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Winton: I think it probably makes the most sense, doesn't it? And then we've got an easy rule to follow, and if 1 have to, I'll just continue it. Ms. Pardo: Exactly. Commissioner Allen: OK. Commissioner Winton: October -- my -- may we introduce a new motion? Chairman Sanchez: With -- Mr. Fernandez: Yeah. Vice Chairman Gonzalez: A modified motion. Chairman Sanchez: No, no, no, no, no, no, no, no. Wait, wait, wait, wait. Let's -- you need to -- Commissioner Winton: I'm asking the City Attorney -- Chairman Sanchez: -- motion to reconsider. You need a motion to reconsider. Commissioner Winton: Fine. Motion to reconsider. Chairman Sanchez: There's a -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- motion to reconsider; second by Vice Chairman Gonzalez to reconsider the date. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, so that motion has been reconsidered. Commissioner Winton: New motion is -- Chairman Sanchez: Now you need a new motion. Could you put it on the floor? Commissioner Winton: -- defer -- and I don't even know if it classifies as a continuance or a deferral, but to whatever term it is -- Chairman Sanchez: Deferral. Commissioner Winton: -- to October -- Chairman Sanchez: October. Commissioner Winton: -- the P&Z October 27 meeting. Commissioner Allen: Correct. Mr. Fernandez: Correct. City of Miami Page 153 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Chairman Sanchez: All right. Is there a second? Commissioner Allen: Second. Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a second The motion is made by Commissioner Winton, second by Commissioner Allen. All in favor -- Sylvia Scheider (Assistant City Clerk): Chairman -- Chairman Sanchez. -- say "aye. " Ms. Scheider: -- that's for PZ 22 and PZ 23 both. Commissioner Winton: Yes, PZ 20 -- Chairman Sanchez: Yes. Commissioner Winton: Yes. Chairman Sanchez: Both items. OK. There's a motion and a second Commissioner Winton: And I'll continue if I have to. Chairman Sanchez: All in favor, say "aye. The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. OK. Ms. Pardo: Thank you. PZ.24 04-00853 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 2471 & 2511 SOUTHWEST 32ND AVENUE AND 3186 SOUTHWEST 25TH STREET, MIAMI, FLORIDA, FROM "DUPLEX 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. 04-00853 Legislation.pdf 04-00853 & 04-00853a Exhibit A.pdf 04-00853 Analysis.pdf 04-00853 Land Use Map.pdf 04-00853 & 04-00853a Aerial Map.pdf 04-00853 PAB Reso.pdf 04-00853 Application & Supporting Docs.pdf 04-00853 FR Fact Sheet.pdf City of Miami Page 154 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to "Medium Density Multifamily Residential" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 2471 & 2511 SW 32nd Avenue and 3186 SW 25th Street APPLICANT(S): Henry Lester Clark, Owner and GMRR Investments Corp., Contract Purchaser APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on July 7, 2004 by a vote of 5-2 of the request to Restricted Commercial. Recommended denial to City Commission on March 16, 2005 by a vote of 3-4 of the request to Medium Density Multifamily Residential. See companion File ID 04-00853a. PURPOSE: This will change the above properties to Medium Density Multifamily Residential. WITHDRAWN Note for the Record: The minutes for Item PZ24 are included under Item PZ 1. PZ.25 04-00853a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2471 AND 2511 SOUTHWEST 32ND AVENUE, AND 3186 SOUTHWEST 25TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00853a Legislation.pdf 04-00853 & 04-00853a Exhibit A.pdf 04-00853a Analysis.pdf 04-00853a Zoning Map.pdf 04-00853 & 04-00853a Aerial Map.pdf 04-00853a ZB Reso.pdf 04-00853a Application & Supporting Docs.pdf 04-00853a FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to R-3 Multifamily Medium -Density Residential to Change the City of Miami Page 155 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Zoning Atlas LOCATION: Approximately 2471 and 2511 SW 32nd Avenue, and 3186 SW 25th Street APPLICANT(S): Henry Lester Clark, Owner and GMRR Investments Corp., Contract Purchaser APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on July 26, 2004, by a vote of 6-3 of the request to C-1 Restricted Commercial. Recommended denial to City Commission on April 25, 2005 by a vote of 5-4 of the request to R-3 Multifamily Medium -Density Residential. See companion File ID 04-00853. PURPOSE: This will change the above properties to R-3 Multifamily Medium -Density Residential. WITHDRAWN Note for the Record: The minutes for Item PZ 25 are included under Item PZ.1. PZ.26 04-00854 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 1262 SOUTHWEST 21ST TERRACE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00854 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 04-00854 FR Fact Sheet 06-23-05.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 21st Terrace City of Miami Page 156 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 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. WITHDRAWN Simon Ferro: Mr. Chair, members of the Board, Simon Ferro, 1221 Brickell. I'd like to withdraw PZ26 and PZ.27. Chairman Sanchez: All right. Commissioner Winton: Man, you guys been reading my notes? Chairman Sanchez: PZ26 and PZ.27 have been withdrawn. PZ.27 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 04-00854a FR Fact Sheet 06-23-05.pdf REQUEST: To Amend Ordinance No. 11000, from C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District and R-1 City of Miami Page 157 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Single -Family Residential with an SD-12 Buffer Overlay District to C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District and SD-19 Designated F.A.R. Overlay District, with a Specific F.A.R. of 2.4 to Change the Zoning Atlas LOCATION: Approximately 1249 and 1265 SW 22nd Street and 1262 SW 21 st Terrace APPLICANT(S): Ive Group One, LLC, Owner/Contract Purchaser and Maria Garcia, Owner APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval, which failed, constituting a recommendation of denial to City Commission on November 22, 2004 by a vote of 4-4. See companion File ID 04-00854. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District and SD-19 Designated F.A.R. Overlay District, with a specific F.A.R. of 2.4. WITHDRAWN Note for the Record: The minutes for Item PZ.27 are included under Item PZ26. PZ.28 05-00236 RESOLUTION WITHDRAWN A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, GRANTING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL PURSUANT TO THE PROVISIONS OF SECTION 934 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO ALLOW A CHANGE OF OWNERSHIP FOR AN EXISTING COMMUNITY -BASED RESIDENTIAL FACILITY, FOR THE PROPERTY LOCATED AT APPROXIMATELY 820 SOUTHWEST 20TH AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." 05-00236 Legislation.pdf 05-00236 Exhibit A.pdf 05-00236 Analysis.pdf 05-00236 Zoning Map.pdf 05-00236 Aerial Map.pdf 05-00236 ZB Reso.pdf 05-00236 Application & Supporting Docs.pdf 05-00236 Zoning Write-Up.pdf 05-00236 Fact Sheet.pdf WITHDRAWN City of Miami Page 158 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 REQUEST: Special Exception Requiring City Commission Approval LOCATION: Approximately 820 SW 20th Avenue APPLICANT(S): La Covadonga Retirement Inv., Ltd. APPLICANT(S) AGENT: Marbet Mier, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on March 14, 2005 by a vote of 6-1. PURPOSE: This will allow a change of ownership to an existing community -based residential facility. CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Allen, and was passed unanimously, with Commissioner Gonzalez absent, to continue PZ28 to the Planning & Zoning meeting currently scheduled for July 28, 2005. Chairman Sanchez: Any other item? Jorge L. Fernandez (City Attorney): Yes. Mr. Chairman, the applicant for PZ28 has contacted both the Administration and my office and has requested a continuance, and both the Administration and my office concur with that request, so PZ.28 should be continued to -- for the next available -- Lourdes Slazyk (Assistant Director, Planning & Zoning): July 28. Mr. Fernandez: To July 28. Chairman Sanchez: All right. For those of you that -- the withdraw means that they have pulled their application. The application is no longer in existence. They have pulled it, and that is it, OK? Just want to make sure that you understand how the process works, so -- Ms. Slazyk: And on PZ28, 1 guess we need a motion to continue it to July 28. Chairman Sanchez: All right. Commissioner Winton: So move. Chairman Sanchez: Need a motion to -- Commissioner Winton: So move. Chairman Sanchez: -- to defer PZ.28 -- Commissioner Winton: Continue. Chairman Sanchez: -- and 29. City of Miami Page 159 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Ms. Slazyk: No, just 28. Commissioner Allen: Second. Commissioner Winton: To -- Mr. Fernandez: Just continue. Chairman Sanchez: Oh, I'm sorry, 28. Commissioner Winton: 28, continue. Commissioner Allen: Second. Chairman Sanchez: All right. There's a motion to continue PZ.28. Is there a second? Commissioner Allen: Second. Chairman Sanchez: Commissioner Allen, you made the motion. We need somebody else to second Commissioner Allen: Oh, I made the motion? Commissioner Winton: No, 1 made the motion. Commissioner Allen: I think he -- Chairman Sanchez: Oh, I'm sorry. Commissioner Allen: Yeah. Chairman Sanchez: So, all right, motion is made by Commissioner Winton, second by Commissioner Allen. 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. PZ.29 04-01386 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, GRANTING A SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN SECTION 1305 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO ALLOW A CHANGE OF OWNERSHIP FOR A COMMUNITY -BASED RESIDENTIAL FACILITY, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1024 AND 1144 SOUTHWEST 19TH AVENUE AND 1800 AND 1895 SOUTHWEST 11TH TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." City of Miami Page 160 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 04-01386 Legislation.PDF 04-01386 ExhibitA.PDF 04-01386 Analysis.PDF 04-01386 Zoning Map.pdf 04-01386 Aerial Map.pdf 04-01386 ZB Reso.PDF 04-01386 Application & Supporting Docs.PDF 04-01386 Fact Sheet.pdf 04-01386--S u bm itta l-1. pdf 04-01386-Submittal-2. pdf 04-01386-S u bm itta l-3. pdf 04-01386 Fact Sheet 06-23-05.pdf REQUEST: Special Exception Requiring City Commission Approval LOCATION: Approximately 1024 and 1144 SW 19th Avenue and 1800 and 1895 SW 11th Terrace APPLICANT(S): Family Boarding Home, Inc. APPLICANT(S) AGENT: Jeffrey Flanagan, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended denial to City Commission on November 22, 2004 by a vote of 5-3. PURPOSE: This will allow a change of ownership to four community -based residential facilities. NOTE: On April 20, 2005, the Circuit Court entered an order granting the applicant's motion for a stay of court proceedings and remanded the item to the Miami City Commission. NO ACTION TAKEN Chairman Sanchez: Now, Mr. City Attorney, PZ29. Jorge L. Fernandez (City Attorney): There is no longer a need for you to consider PZ.29. The settlement of this case obviates the need for you to deal with the stay. We will follow through and notify the courts that this Commission has settled, or started the process of settlement of those two cases. Chairman Sanchez: All right. Is there a motion to adjourn? Vice Chairman Gonzalez: Motion to adjourn. Commissioner Winton: So move. Chairman Sanchez: There's a motion to adjourn. Is there a second? Vice Chairman Gonzalez.: Second. City of Miami Page 161 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Winton: Second. Chairman Sanchez: All right. Commissioner Regalado: Third. Chairman Sanchez: Everyone have a good one. Commissioner Winton: And fourth. NON -AGENDA ITEMS NA.1 05-00617 Office of the City Attorney ORDINANCE Draft AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "OFFENSES -MISCELLANEOUS," TO AMEND SECTION 37-7, ENTITLED "SEX OFFENDER RESIDENCY PROHIBITION, TO ADD A 'KNOWN AS' DESIGNATION ENTITLED "LAUREN'S LAW" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 05-0061 7-ordinance. pdf 05-00617-cover memo.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be PASSED ON FIRST READING PASSED by the following vote. votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: All right. The City of Miami Commission meeting is back in order again. Let's go ahead and do the pocket items. I believe the pocket items are the only items that we have right now, and then what we're going to do, we're going to go ahead and take a recess 'til five o'clock, where we will have DI.1, which has been time certain for five o'clock sharp, at the request of the residents. Commissioner Regalado: I have a -- Chairman Sanchez: OK, pocket item. Commissioner Allen, do you have a pocket item? Commissioner Allen: No, I'm afraid I don't. Chairman Sanchez: OK, Vice Chairman Gonzalez, you're recognized for your pocket item. Vice Chairman Gonzalez: Yes, Mr. Chairman. Thank you. An ordinance of the City of Miami Commission amending Chapter 37 of the Code of the City of Miami, Florida, as amended, entitled "Offenses -Miscellaneous," to amend Section 37-7 entitled "Sex Offenders Residency Prohibition, " to add a known as designation, entitled "Lauren's Law, " containing a repealer provision and a severability clause, and providing for an effective date. That's my motion. Chairman Sanchez: All right. There's a motion on the floor. Is there a second? Commissioner Allen: Second for discussion purposes. Chairman Sanchez: All right. There's a motion on the floor, for the record, by the Vice Chairman, second by Commissioner Allen, and at this time, it is open for discussion. Commissioner Allen, you're recognized. City of Miami Page 162 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Allen: Yeah, just to reiterate, Commissioner Gonzalez, this is an ordinance addressing a -- Vice Chairman Gonzalez: It's a -- Commissioner Allen: -- specific individual, right. Is this -- Vice Chairman Gonzalez.: It's naming the -- remember -- if you remember at the last -- Commissioner Allen: Right, (UNINTELLIGIBLE). Vice Chairman Gonzalez: -- Commission, we speak to Ron Book, with his daughter here. Commissioner Allen: Exactly, right. OK, and this is -- Oh, OK, so we're just going to give it a designation. Vice Chairman Gonzalez:: Just naming the resolution after -- Commissioner Allen: All right. That's -- OK. Vice Chairman Gonzalez: -- Mr. Book's daughter. Commissioner Allen: Yeah, I just got this. That's why I hadn't had the chance -- OK. Chairman Sanchez: All right. Commissioner Allen: I move the item. Chairman Sanchez: Any further -- Commissioner Allen: 1 move the item. Chairman Sanchez: The item has already been moved and second. Commissioner Allen: I'm sorry. Chairman Sanchez: It's under discussion. No further discussion on the item. All in favor -- Ma'am, would you like to address -- Commissioner Allen: All right, so we're going to call it Lauren's Law. Chairman Sanchez: Ma'am, please state your name and address for the record, please. Nina West: Nina West, 3690 Avocado Avenue, Coconut Grove, Florida. All 1 want to ask is a clearer explanation. Chairman Sanchez: A clear explanation, all this does is basically name the ordinance that we passed -- Stephanie? Vice Chairman Gonzalez: No, Lauren. Chairman Sanchez: Lauren Book. That's -- it just names an ordinance -- Ms. West: OK. City of Miami Page 163 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Chairman Sanchez: -- that was passed here on the sex predators -- Ms. West: OK. Chairman Sanchez: -- sex offenders. That's all it does. All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition -- Sylvia Scheider (Assistant City Clerk): It's an ordinance. Chairman Sanchez: Oh, I'm sorry. It is an ordinance, and I apologize. Vice Chairman Gonzalez: Oh, I'm sorry. It's an ordinance. Chairman Sanchez: Madam Attorney, could you read the ordinance into the record? Maria J Chiaro (Assistant City Attorney): It is an -- Chairman Sanchez: Well, before you do that, the public hearing is closed at this time. It was open; we had one speaker. The public hearing is closed at this time, coming back to the Commission. No further discussion, so we maintain good, proper records, and at this time, the City Attorney will read the ordinance into the record, followed by a roll call by the City Clerk. The Ordinance was read by title into the public record by the Assistant City Attorney. Ms. Scheider: Roll call on first reading. A roll call was taken, the result of which is stated above. Ms. Scheider: The ordinance passes first reading, 5/0. NA.2 05-00627 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THE SOUTH FLORIDA WORKFORCE BOARD ("BOARD") TO POSTPONE MAKING APPOINTMENTS TO THE BOARD ON BEHALF OF THE CITY OF MIAMI ("CITY"), UNTIL OCTOBER 15, 2005; AUTHORIZING THE MEMBERS OF THE MIAMI CITY COMMISSION TO SUBMIT NAMES FOR APPOINTMENT TO THE BOARD, TO BARBARA GOMEZ-RODRIGUEZ, DIRECTOR OF COMMUNITY DEVELOPMENT AND DAVID ROSEMOND, CHIEF OF STAFF TO THE CITY MANAGER; FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT DAVID ROSEMOND TO TRANSMIT A COPY OF THIS RESOLUTION TO THE BOARD. 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-05-0411 Note for the Record: Commissioner Regalado reminded the Commissioners that the South City of Miami Page 164 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Florida Workforce had a June 30, 2005 date set for appointment of vacancies and requested the Commissioners to submit their nominations to Barbara Gomez -Rodriguez, Director of Community Development Department, and to David Rosemond, Chief of Staff for the City Manager. Chairman Sanchez: All right. Commissioner Regalado, pocket item? Commissioner Regalado: Actually, yes. You know -- and where is -- Commissioner Allen: Do I have it? Commissioner Regalado: -- Johnny, because he's been on this issue, too. We've been discussed the Florida Workforce issue for many years now, and we sort of decided that we have to draw a line, and the Workforce -- and we were lucky that we appointed Mr. Rosemond as the City's representative to the Workforce, but the -- on June 30 is the deadline for the City of Miami to appoint and reappoint the City's representative. There are more than three vacancies representing the City of Miami in the Florida Workforce Board, plus the two that we have already need to be reappointed If we do not -- oh, here you go. I'm talking about Workforce, so if we do not appoint before June 30, the staff of the Workforce will appoint the City of Miami representative. We have five, right, five appointments? David Rosemond: David Rosemond, City of Miami Administration. We have more than five. I don't believe that we have a time restraint, and we certainly could ask for an extension in the appointment of the board -- Commissioner Regalado: Well -- Mr. Rosemond: -- to South Florida Workforce. Commissioner Regalado: David, Edith Humes, in the last meeting, announced that the City of Miami had vacancies; that the deadline for the City of Miami was June 30; that, if by that date, appointments were not made, the staff of the Workforce will fill all the vacancies of the City of Miami, so we have you. We have -- Commissioner Winton: You. Commissioner Regalado: -- Frank. Commissioner Winton: And you, right? Commissioner Regalado: No, I'm not -- Commissioner Winton: Oh. Commissioner Regalado: -- in that board. We have you. We have Frank. We have Joe, and that's it. We -- Commissioner Winton: Are these appointments by categories? Mr. Rosemond: Yes, some of them are. Commissioner Regalado: Some of them are. Mr. Rosemond: Some of them represent labor unions, and lots of them -- City of Miami Page 165 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Regalado: Business. Mr. Rosemond: -- business. Commissioner Regalado: Most of them represent business. Commissioner Winton: So business is a broad category. Mr. Rosemond: Right. Commissioner Regalado: It is a broad category. Commissioner Winton: I suggest -- Commissioner Regalado: So we need -- Commissioner Winton: -- that Jason talk to some of the developers that have been so good at really wanting to help -- Mr. Rosemond: Right. Commissioner Winton: -- and they've been screwed by Workforce, so -- Commissioner Regalado: Well -- Mr. Rosemond: Now -- Commissioner Regalado: -- I mean -- Mr. Rosemond: I'm sorry, Commissioner, but I was not aware -- when did Edith make this announcement? Commissioner Regalado: At the end of the last meeting. Mr. Rosemond: This must have been the meeting yesterday? Commissioner Regalado: I guess, 1 guess it was. Mr. Rosemond: Because I was not under any understanding that we had the -- that they had the option, that staff had the option of assigning -- Commissioner Regalado: She says she does. Mr. Rosemond: OK. Commissioner Regalado: And I'm really concerned because, you know, after we've been bamboozled by them all the time, then we don't have any appointment, then we have a problem. Mr. Rosemond: Right. Commissioner Regalado: And this is a hundred million dollar operation, and the City is the third -- Mr. Rosemond: Right. City of Miami Page 166 Printed on 7/1312005 City Commission Meeting Minutes June 23, 2005 Commissioner Regalado: -- should be receiving the third of that, so I am -- and I don't know --1 think I will propose a resolution whereby all the members of the Commission will send names, as soon as possible -- Mr. Rosemond: Right. Commissioner Regalado: -- to Barbara and you, and then, since we don't meet until July, this will be taken to the board. Commissioner Winton: Well, I would like to move a resolution that requests the agency to, in fact, not make any appointments on our behalf, period, before October. Commissioner Regalado: What do you mean? Commissioner Winton: They said that June something they're going to make appointments. I'm saying, let's pass a resolution here that says the City Commission is requesting that the agency not make any appointments on our behalf at all before October 15, which gives us -- Mr. Rosemond: You're asking an extension. Commissioner Winton: -- plenty of time then to find good candidates that we could put on the board. Commissioner Regalado: Yeah, but -- Commissioner Allen: I second the motion. Commissioner Regalado: -- at the same time, David will be outvoted Commissioner Winton: Well, but they got the full Commission sending them a resolution. You know, I'm not sure they want to -- Commissioner Regalado: Yeah, yeah, but it's not for them; they don't care to wait, but since we have vacancies, they have the board stacked with the board members. Commissioner Winton: Oh, I under -- Commissioner Regalado: So he's alone, you know what I mean? Commissioner Winton: I understand that very completely, and that can happen anyhow, and we need to fill them as fast as we can, but for us -- for them to go against the wishes of this Commission completely and spit in our face -- Commissioner Regalado: They have done that. Commissioner Winton: They've done it -- well, do it one more time; keep doing it. Commissioner Regalado: Yeah, do it. They have done -- Chairman Sanchez: All right. There is -- whoa, whoa, whoa. There is a motion by Commissioner Winton on the floor not to appoint -- Commissioner Allen: Second. Chairman Sanchez: -- anyone 'til -- City of Miami Page 167 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Regalado: No, no, no, no. No, asking the board not to appoint anybody in the behalf of the City, but meanwhile, we can -- Chairman Sanchez: OK, wait, wait, wait. Commissioner Regalado: -- start sending names -- Commissioner Winton: Yes, correct. Chairman Sanchez: OK. Commissioner Regalado: -- to Barbara and David, so we can start the process of appointing people. Chairman Sanchez: All right, so there -- that motion was placed on the floor by Commissioner Winton, second by Commissioner Allen. It is under 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. Commissioner Winton, do you have any pocket items? Commissioner Winton: No. Chairman Sanchez: All right. That concludes our pocket item, and the City Com -- Commissioner Regalado: OK. Mr. Chairman, just one -- Chairman Sanchez: Yes, sir. Commissioner Regalado: -- thing. Going back to Workforce, we just have -- new information been provided. Mayor Alvarez has removed the chair of the South Florida Workforce Board, and there are six resignations in the board, so the board is practically nonexistent now. Commissioner Winton: Wow. Commissioner Regalado: So if we appoint, the sooner the better. Commissioner Winton: I've got it. I'm with you. Commissioner Regalado: The City of Miami residents --1 mean, 1 don't have to say the rest. Commissioner Winton: Got the point. I got the point. Vice Chairman Gonzalez: All right. Commission will stand in recess until 5 p.m. NA.3 05-00561 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, IN AN AMOUNT NOT TO EXCEED, $2,600,000 FOR THE 2005 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE ("SAFER") GRANT PROJECT; AUTHORIZING City of Miami Page 168 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 THE ALLOCATION OF REQUIRED MATCHING FUNDS LISTED ON "EXHIBIT A," ATTACHED AND INCORPORATED, FOR THE HIRING OF 26 NEW FIREFIGHTERS TO COVER THE COST OF SALARIES AND ASSOCIATED BENEFITS OVER A FIVE-YEAR PERIOD FROM THE DEPARTMENT OF FIRE -RESCUE GENERAL ACCOUNT CODE NO. 001000.280601.6.110; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, FOR SUBMISSION OF SAFER GRANT APPLICATION, SUBJECT TO THE TERMS AND CONDITIONS OF SAID GRANT APPLICATION. 05-00561-Exhibit A.pdf 05-00561-Summary.pdf 05-00561-Program Guidance.pdf Motion by Chairman Sanchez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-041 0 Chairman Sanchez: All right. 1 have a pocket item, and I've passed the gavel to the Vice Chair. This pocket item authorizes the City Manager to submit an application for a grant funding to the U.S. (United States) Department of Homeland Security, DHS, in the amount not to exceed $2.6 million for the 205 [sic] Staffing for Adequate Fire and Emergency Response, also known as SAFER, grant project. The funding will contribute to the hiring of 26 new firefighters to cover the cost of salaries and associated benefits over a five-year period. That is the motion, and of course, we'll open it for discussion. Vice Chairman Gonzalez: We have a motion. Do we have a second? Commissioner Allen: Second for discussion. Vice Chairman Gonzalez: We have a second. Discussion. You're recognized, Commissioner Allen. Commissioner Allen: I guess, maybe, yeah, just a couple of questions. I just want to make sure that, obviously, this is a great idea. We're applying for a grant. What are the chances of this grant -- receiving this grant 50/50? This is Homeland Security, so it, frankly, should be a given, if you will; is that such? Robert Ruano: Robert Ruano, director of Grants Administration. I really don't know, Commissioner. You know, we're trying our best. It's a good project, and we're hoping that we will get it. Commissioner Allen: Right, but in any event, year five, we, the City, would have to absorb the full costs, salaries and benefits going forth, correct? Mr. Ruano: Correct. Commissioner Winton: Wait, wait, wait, wait. I'm sorry. Repeat that. What'd you just say? Chairman Sanchez: Yeah. Commissioner Allen: According to this grant, in year five, we, the City, would have to absorb the entire salary and benefits going forth with respect to these hirees. 1 don't need -- that needs City of Miami Page 169 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 to be understood and fully -- Commissioner Winton: Yeah, we've been there before -- Commissioner Allen: -- accepted, so -- Commissioner Winton: -- then burned. Commissioner Allen: -- that's just -- Chairman Sanchez: Although, Robert could address -- Commissioner Allen: Right. Chairman Sanchez: -- that for you -- Mr. Ruano: Yes. Commissioner Allen: And you may recall -- Chairman Sanchez: -- let me just -- Commissioner Allen: -- we've talked about this. Mr. Ruano: If I could -- Commissioner Allen: 1-- Chairman Sanchez: Let me just explain that all this does is that we -- it allows us to apply. This -- under the funding process of award grants, it would come back for us to accept. What it does, it allows us the opportunity to file for the grant -- Commissioner Allen: Correct. Chairman Sanchez: -- so if we do get the grant, it'll come back to us, and we could say no, we don't want it, or we'll take five, or we'll take ten, or we'll take twelve, but if we don't file the grant now, we've missed that window of opportunity, and then we're being left out. Commissioner Allen: Right, and 1 agree with -- Chairman Sanchez: But I think that's his job to explain it to us. Commissioner Allen: Right, see, yeah, I'm not against the grant. I just want to know the substantive nature of the grant to be understood that it says a maximum of 26 hirees/firefighters, but that's left in the discretion to the full Commission as to how many hirees we approve, but in any event, if we approve 5 versus 26, in year five, we've got to carry that cost going forth, and that has a line item effect on the general fund. Just keep that in mind. Mr. Ruano: Correct, and that -- Vice Chairman Gonzalez: Commissioner Allen -- I'm sorry. Commissioner Winton. Commissioner Winton: Well, I think that Commissioner Allen's made the point perfectly clear, and we've been there before; a huge problem for us. We had more battles over those issues, what are we going to do; what are we not going to do, and so, I'm going to support City of Miami Page 170 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Sanchez here, but I guess I'm struggling a little bit with the logic of even applying if somebody like me is going to say, I don't want to take that money if we've got to keep those people permanently after -- and put them on our general fund, and we may not need them because there may be something else going on, you know. Vice Chairman Gonzalez: Commissioner Regalado. Commissioner Allen: I'm in favor. Vice Chairman Gonzalez: Your comments? Commissioner Regalado: No. Commissioner Winton: Taxpayers have to pick up the tab -- Commissioner Allen: Mr. Chairman. Commissioner Winton: -- from that point on. Commissioner Allen: Yeah. Mr. Ruano: Mr. Chair, Commissioner. Commissioner Allen: Mr. Chairman. Vice Chairman Gonzalez: All right. Commissioner Allen: Yeah. Vice Chairman Gonzalez: Yes, sir. Commissioner Allen: I support Chairman Sanchez, as well. I just want us to be fully aware of this. That's -- Vice Chairman Gonzalez: Right, right. Commissioner Allen: -- my point. Vice Chairman Gonzalez: Yeah, but let me add something to this. We have to realize that with the amount of redevelopment that we have in the City, and you know, we're talking about thousands offamilies moving to the City -- Commissioner Winton: Tens of thousands. Vice Chairman Gonzalez: -- of Miami. Commissioner Winton: Yeah. Vice Chairman Gonzalez: We're going to have to increase firefighters, and we're going to have to increase police, and we're going to have to increase personnel in different departments to serve this additional number offamilies, so if we can save -- Commissioner Winton: That may work, yeah. Vice Chairman Gonzalez: -- a little bit in five years, that's great. City of Miami Page 171 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Commissioner Winton: Yeah. Vice Chairman Gonzalez: You know, it's something -- Commissioner Winton: And then they convert over because of the growth curve -- Vice Chairman Gonzalez: At the end of the five years. Commissioner Winton: -- and if they're good enough to do that, you know, we've been very smart. Vice Chairman Gonzalez: Right. Commissioner Allen: Right. Commissioner Winton: If they're not good enough to do that, we've been very stupid. Vice Chairman Gonzalez: Exactly. Commissioner Allen: And I will assume -- Larry Spring (Chief Strategic Planning, Budgeting & Performance): Commissioner, we just want to put on the record that, in our deliberation on looking at this grant, the same discussion that you're having is the same discussion we had The expectation of the timing of the approval will coincide with the timing of the budget, so we'll have a better sense of where we are this year and going forward. We have, myself as a budget director, been working with police and fire to look at those additional positions that we are going to need relative to density, and we saw this grant as an opportunity to help supplement some of those costs that we know we're going to bear in the next, you know -- Commissioner Allen: Foreseeable future. Mr. Spring: -- eighteen months, two years, so it -- again, this is just an opportunity here. It'll be brought back for final approval, and at that time, we'll know exactly how many firefighters we're looking at. Commissioner Allen: Right. Chairman Sanchez: It's like the lottery -- Commissioner Allen: And if the - Chairman Sanchez: -- if you don't buy a ticket, you don't win. Mr. Ruano: Correct. Commissioner Allen: Right, and if I could, I hope this -- Commissioner Winton: And I've never bought one. Commissioner Allen: Respectfully, 1 hope this, in some way, shape, or form, brings about, if you will, some form or level of labor peace between firefighter and the City Manager. Hopefully, this could serve as an incentive. City of Miami Page 172 Printed on 7/13/2005 City Commission Meeting Minutes June 23, 2005 Vice Chairman Gonzalez:: All right. Any further discussion? Commissioner Winton: Well, 1 don't know about that. Vice Chairman Gonzalez: All right. Hearing none, all in favor, say -- it's a resolution or --? Chairman Sanchez: No. It's a -- Maria J Chiaro (Assistant City Attorney): It's a resolution. Vice Chairman Gonzalez: It's a resolution. Chairman Sanchez: It's a resolution. Vice Chairman Gonzalez: OK. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed have the same right. Motion carries. City of Miami Page 173 Printed on 7/13/2005