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HomeMy WebLinkAboutCC 2005-07-28 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Meeting Minutes Thursday, July 28, 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 July 28, 2005 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS EM - EMERGENCY ORDINANCES SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES PART B PZ - PLANNING AND ZONING ITEMS City of Miami Page 2 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 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 28th day of July 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 9:29 a.m., with Vice Chairman Gonzalez absent, recessed at 12:28 p.m., reconvened at 2:57 p.m. , and adjourned at 8:16 p.m. Note for the Record: Vice Chairman Gonzalez entered the meeting at 9:38 a.m. ALSO PRESENT: Linda Haskins, Deputy City Manager, Chief Financial Officer Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 05-00744 CEREMONIAL ITEM Name of Honoree Peruvian Independence Day D. Steven Porter Fish and Wildlife Conservation Commission Roly More Solid Waste Employees John Depons Andres Aragon Agnes Pierre Willie Wilkerson Model City Trust's Summer Leadership and Professional Development Program Employers 05-00744-Cover Page.pdf 05-00744-Protocol List.pdf PRESENTED Presenter Mayor Diaz Mayor Diaz Chairman Sanchez Commissioner Regalado Commissioner Regalado Commissioner Regalado Commissioner Regalado Commissioner Regalado Commissioner Allen Protocol Item Proclamation Commendation Commendation Proclamation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificates of Appreciation 1. Mayor Diaz paid tribute to the Honorable Judge John Johnson, for serving as a City of Miami Municipal Judge between 1955 - 1959 trying approximately 50,000 cases, for his 44 year tenure of legal advocacy and for his civic contributions, extraordinary service and dedication to the citizens of Miami. 2. Mayor Diaz presented a proclamation to members of the Fish and Wildlife Conservation District for their commendable service during the 2003 conference of the Free Trade Agreement of the Americas (FTAA) event held in the City of Miami. 3. Mayor Diaz presented a proclamation to Dr. Steven Porter, paying tribute for his valuable City of Miami Page 3 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 MAYORAL VETOES leadership and extraordinary dedication as executive director of Touching Miami with Love, a Christian Ministry in service to the people of Overtown and as a member of the Overtown Advisory Board and advisor to the Overtown Youth Center. 4. Mayor Diaz presented a proclamation to the Consul General of Peru in honor of Peruvian Independence Day. 5. Commissioner Regalado presented a Medal of Honor for Distinguished Public Service to Roly More, grandson of famous Cuban singer Benny More and an EMS team member, for his team's efforts in saving the life of an individual in an Adult Living Facility in District 4 and for his work and dedication to the community. 6. Commissioner Regalado presented Certificates of Appreciation to Solid Waste Employees: John Depons, Andres Aragon, Agnes Pierre and Willie Wilkerson for their assistance in cleaning up after the Flagami Fiestas in District 4. 7. Commissioner Allen presented a Certificates of Appreciation to the following companies who participated in the Model City Trust Summer Leadership & Professional Development Program which offers exemplary students the opportunity to use practical work experience to shape their careers, build their skills and provide references for the future: Jasper Enterprises Inc., Martin Luther King - Economic Development Corporation, Neighbors and Neighbors Association, Economic Opportunity Family Health Center, Sharpp & Company, P.A., Spotlight Computer and Technologies, Tacolcy Economic Devlopment Center, Regions Bank, Financial Services Organization, The Knox Firm, Empowerment Zone Trust, Inc., Office of Congressman Kendrick B. Meek, McBayne Construction & Renovation, Tricia/Dean Partnership, Strebor Medical Center, Southern Experience Catering, Charles Hadley Park, El Portal Police Station, Miami -Dade Department of Corrections, City of Miami Department of Parks & Recreation, Community Action Agency & WATSON RICE. 8. Mayor Diaz recognized exchange students from the Japan 2005 Miami -Kagoshima Student Exchange Program. NO MAYORAL VETOES Chairman Sanchez: All right. As I stated before, there are no mayoral vetoes, and at this time, before we move on, I want to make sure all the Commissioners are here, but we'll wait till they get here. I have to move this agenda along, or else we're going to be here until 2:30 in the morning. Commissioner Allen: That's true. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Allen, seconded by Commissioner Winton, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Chairman Sanchez: So, I need a motion to approve the minutes from the following -- approving the minutes of the following meetings: Planning -- Commissioner Allen: So move. Chairman Sanchez: -- and Zoning meeting June 23 -- Commissioner Allen. So move, Mr. Chairman. City of Miami Page 4 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 CA.1 05-00541 Department of Information Technology Chairman Sanchez: -- 205 [sic]. There's a motion by Commissioner Allen. Is there a second? Commissioner Winton: Second Commissioner Gonzalez: Second. Chairman Sanchez: Second by Commissioner Winton. The item 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. ORDER OF THE DAY Chairman Sanchez: All right. We'll move on. Let me just -- no PZ (planning & zoning) items will be heard this morning. We'll hear them at 2:45. We do have a voluminous agenda today. Usually, it's the way it is before we break for August; everything wants to get crammed in the agenda. We have 33 consent agenda items that'll be coming up, so PZ items will be heard at 2:45. We do have a 2:30 MSEA (Miami Sports & Exhibition Authority) meeting in my office, I believe, so -- Commissioner Winton: MSEA? Commissioner Allen: MSEA? Chairman Sanchez: MSEA. There's a MSEA meeting today in my -- Commissioner Winton: Well, I'm not on the MSEA Board, so I don't have to go. Chairman Sanchez: Well, 1 am. CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH DATASTREAM SYSTEMS, INC., FOR THE ACQUISITION OF MAINTENANCE OF PROPRIETARY SOFTWARE AND SUPPORT SERVICES, OF THE MP2 SYSTEM, IN ACCORDANCE WITH CHAPTER 18, SECTION 18-86(3)(D) OF THE PURCHASING ORDINANCE, FOR A ONE-YEAR PERIOD, WITH AN OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, AT A PROPOSED ANNUAL COST NOT TO EXCEED $26,261, FOR FISCAL YEAR 2005 - 2006, $29,000, FOR FISCAL YEAR 2006-2007 AND $31,000, FOR FISCAL YEAR 2007-2008; ALLOCATING FUNDS FOR FISCAL YEAR 2005-2006 FROM THE DEPARTMENT OF INFORMATION TECHNOLOGY GENERAL FUNDS ACCOUNT NO. 001000.460101.6.670, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL. City of Miami Page 5 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 05-00541 Legislation. pdf 05-00541 Exhibit.pdf 05-00541 Summary Form.pdf 05-00541 Data Stream Letter.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen CA.2 05-00656 Department of General Services Administration R-05-0439 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION INCREASING THE CONTRACT AWARDED TO SABRE COMMUNICATIONS CORPORATION, PURSUANT TO RESOLUTION NO 04-0216, ADOPTED APRIL 8, 2004, FURTHER AMENDED BY RESOLUTION NO. 04-0780, ADOPTED DECEMBER 9, 2004, FOR THE CHANGE ORDER PREPARED TO COVER UNFORESEEN FOUNDATION MATERIAL COST INCREASES, FOR THE TOWER REPLACEMENT PROJECT AT FIRE STATION NO. 11, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, IN THE AMOUNT NOT TO EXCEED $3,500, INCREASING THE TOTAL CONTRACT AMOUNT FROM $107,208 TO $110,708; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO. 311052.429401.6.840, B-74202; AMENDING RESOLUTION NO. 04-780, TO REFLECT SAID INCREASE. 05-00656-Legislation.pdf 05-00656-Summary Form.pdf 05-00656-Previous attachments.pdf 05-00656-Previous Reso.pdf 05-00656-Previous memo.pdf 05-00656-Previous Reso2.pdf 05-00656-Previous Reso3.pdf 05-00656-Previous memo2.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen CA.3 05-00657 Department of Capital Improvement Programs/Transpor tation R-05-0440 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE LOCALLY FUNDED AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF MIAMI, PURSUANT TO RESOLUTION NO. 04-0691, ADOPTED OCTOBER 28, 2004, FOR THE BISCAYNE BOULEVARD CROSS STREETS CONVERSION PROJECT, B-33100, IN AN AMOUNT NOT TO EXCEED $20,595, INCREASING THE TOTAL CONTRACT AMOUNT FROM $90,000 TO $110,595; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $20,595, FROM CAPITAL City of Miami Page 6 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 IMPROVEMENTS PROJECT NO. 341330 ENTITLED "CITYWIDE TRANSPORTATION AND TRANSIT," FOR SAID PURPOSE. 05-00657 Legislation.pdf 05-00657 Exhibit 1.pdf 05-00657 Exhibit 2.pdf 05-00657 Exhibit 3.pdf 05-00657 Exhibit 4.pdf 05-00657 Exhibit 5.pdf 05-00657Summary Form.pdf 05-00657FDOT letter.pdf 05-00657Previous Reso.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen CA.4 05-00658 Department of Finance R-05-0441 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR LETTERS OF INTEREST NO. 04-05-034, THAT THE FIRM MOST QUALIFIED TO PROVIDE PARKING SURCHARGE ADMINISTRATION SERVICES IS THE PARKING NETWORK, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE PARKING NETWORK, INC., THE TOP -RANKED FIRM, FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS, AT A COST OUTLINED IN "ATTACHMENT B" OF THE AGREEMENT AND AUTHORIZED PURSUANT TO ORDINANCE NO. 11813, ADOPTED JULY 13, 1999; ALLOCATING FUNDS FROM ACCOUNT NO. 001000.260415.6.270. 05-00658 Legislation.pdf 05-00658 Exhibit.pdf 05-00658 Summary Form.pdf 05-00658 Memo- Evaluation Committee.pdf 05-00658 Final Tabulation Results.pdf 05-00658 Previous Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen CA.5 05-00659 Department of Parks and Recreation R-05-0442 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PURCHASE OF TWENTY-FIVE (25) TORO ZERO RADIUS TRACTOR MOWERS OF VARIOUS TYPES, FROM WESCO TURF SUPPLY, INC., FOR THE PROVISION OF LAWN EQUIPMENT FOR THE DEPARTMENT OF City of Miami Page 7 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 PARKS AND RECREATION OPERATIONS DIVISION, UTILIZING STATE OF FLORIDA LAWN EQUIPMENT CONTRACT NO. 515-630-03-1, EFFECTIVE UNTIL MAY 20, 2006, SUBJECT TO ANY FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, AT A TOTAL AMOUNT NOT TO EXCEED $146,449; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $49,968, FROM THE PARKS FACILITY ACCOUNT NO. 331369.589301.6.830, AND AN AMOUNT NOT TO EXCEED $96,481 FROM PARKS OPERATIONS ACCOUNT NO. 001000.580302.6.840. 05-00659 Legislation.pdf 05-00659 Summary Form.pdf 05-00659 List of Contractors.pdf 05-00659Dept. Mgmt.Serv. memos.pdf 05-00659Contract Administrator cover page.pdf 05-00659Technical Specifications.pdf 05-00659Dept. Mgmt. Serv.memo2.pdf 05-00659Price Sheet.pdf 05-00659Certification of Contract.pdf 05-006590rdering Instructions.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen R-05-0443 CA.6 05-00660 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY, TO CONTINUE PROVIDING THEIR CITIZENS WITH A SINGLE, PRIMARY THREE -DIGIT EMERGENCY NUMBER (911), AS IS INTENDED AND OUTLINED IN THE FLORIDA EMERGENCY TELEPHONE ACT, SECTION 365.171, FLORIDA STATUTES AND THE WIRELESS EMERGENCY COMMUNICATIONS ACT, SECTION 365.172, FLORIDA STATUTES. 05-00660 Legislation.pdf 05-00660 Exhibit.pdf 05-00660 Summary Form.pdf 05-00660 2004 FL. Statutes.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Regalado Absent: 2 - Commissioner Winton and Allen R-05-0444 A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioners Allen and Winton absent, to reconsider previous vote on Item CA. 6. Note for the Record: Item CA. 6 originally passed on the Consent Agenda. It subsequently was reconsidered and passed with modifications. City of Miami Page 8 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Chairman Sanchez: (INAUDIBLE) back in order. We do have a couple of items before we get into the PZ (planning & zoning) items, and we do have a couple of clean-ups. Before we go to the PZ items, we have, 1 believe, one -- no, two items. We have a clean-up item from the Police Department, and I believe that was a consent agenda that will require a motion to reconsider, and then they'll make the amendments on the floor to the consent agenda, and then we could vote on the item, so Chief Fernandez, what item is that? Linda Haskins (Deputy City Manager/Chief Financial Officer): CA.6. Chairman Sanchez: All right, CA.6. CA.6, we need a motion to reconsider CA. 6. Vice Chairman Gonzalez: Move it. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Is there a second for reconsider -- Commissioner Regalado: Second. Chairman Sanchez: -- reconsideration. All right, a second by Commissioner Regalado. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and the item has been reconsidered. You want to introduce the item again with the correction or the amendments? Deputy Chief Frank Fernandez: Yes, sir. Basically, Commissioner -- Frank Fernandez, deputy chief City of Miami Police Department. Commissioner, what this is, basically it's an agreement with Dade County in reference to 911 calls. The only modification to this agreement is that the Law Department has modified the existing agreement to properly reflect the indemnification clause, and that's basically it. Chairman Sanchez: OK. Is there a motion to approve the item? Vice Chairman Gonzalez: Move. Commissioner Regalado: Second. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Is there a second? Commissioner Regalado: Second Chairman Sanchez: Second by Commissioner Regalado. It is open for discussion. This is consent agenda. 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 Commissioner Allen's -- Deputy Chief Fernandez: Thank you, Commissioner. CA.7 05-00661 RESOLUTION City of Miami Page 9 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF TEXAS AQUATIC HARVESTING, INC., FOR THE PROJECT ENTITLED "CITYWIDE CANAL MAINTENANCE PROJECT, B-30255," FOR A TWO-YEAR PERIOD, IN THE ANNUAL AMOUNT NOT TO EXCEED $599,430, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $1,198,860, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $1,198,860, FROM PUBLIC WORKS GENERAL ACCOUNT NO. 001000.311003.6.340, PENDING FUNDING AND APPROPRIATION APPROVAL OF THE FISCAL YEAR 2006 BUDGET; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. 05-00661 Legislation.pdf 05-00661 - Exhibit 1.pdf 05-00661 - Exhibit 2.pdf 05-00661 - Exhibit 3.pdf 05-00661 - Exhibit 4.pdf 05-00661 - Exhibit 5.pdf 05-00661 - Exhibit 6.pdf 05-00661 - Exhibit 7.pdf 05-00661 - Exhibit 8.pdf 05-00661 Summary Form.pdf 05-00661 Fact Sheet.pdf 05-00661 Tabulations.pdf WITHDRAWN A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Winton, and was passed unanimously, to withdraw Item CA.7. Direction to the Administration by Vice Chairman Gonzalez to continue to use the company that is currently cleaning up the Comfort Canal until a long-term contract comes back for Commission consideration in September; further requesting that the Administration put out a a long-term bid so that the City does not have to keep contracting out this service every couple of months at the taxpayer's expense. Chairman Sanchez: And we go to CA. 7. Vice Chairman Gonzalez, you're recognized on consent agenda Item 7. Vice Chairman Gonzalez: Yes. My question is why are we deferring this item when this has to do with cleaning the canals? And Comfort Canal, right now, is getting very, very polluted;; it's getting very dirty again, and also, I don't know what are we going to do, when we're going to find a company that can really address this problem for a long time, for a long period of time. We are spending money on cleaning these canals every two or three months. There has to be a way -- first of all, about a year ago, they -- supposedly, they did drainage on these canals, and they drained the canals, supposedly, eight feet. Well, let me tell you. I know that the City didn't pay for this. I believe it was the County, but it was a rip-off. Because if you stand in one of these bridges and look at the canal, there isn't a depth of four feet of water on the canal, so we need to address this problem, because the neighborhoods, you know, with the rains and the mosquitoes, and all of this grass all over these canals, and the dirt, it's intolerable. I mean, people can't stand this, and we need to do something. You know, a long-term solution, not a solution that we'd be spending money every three months or every two and a half months to keep this canal clean. Stephanie Grindell: Stephanie Grindell, director of Public Works. I do -- I agree with you. In City of Miami Page 10 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 the past, we have had short-term contracts, which had not been successful. The reason why we pulled this particular contract off of the agenda was because we noted that the cost was significantly higher than what the last contract was. It was six times higher. Although we expected it to be significantly higher because of all the lack of maintenance, it was even higher than we expected, so the director of Procurement suggested we go out, refine the scope, and go back out during the next month break for another price. Vice Chairman Gonzalez: How long is it going to take you to get another company and to go into the RFP (Request For Proposals) process, and the approval of the company, and the negotiation of the contract, and the signage of the contract and to bring it before the Commission? Ms. Grindell: I should hope that we should be able to bring it back to Commission in the last meeting of September. Vice Chairman Gonzalez: In the last meeting of September. Ms. Grindell: Um -hum. Vice Chairman Gonzalez: What are we going to do meanwhile to help the community with these canals? Do we have a company in place that we can use now to clean up the canals? Ms. Grindell: I can work with Procurement to establish an emergency contract for that purpose. Vice Chairman Gonzalez: All right. You have a company that you can use now to clean the canals? Ms. Grindell: Yes, I do. Vice Chairman Gonzalez: All right. I'll be send the Administration a request for the cleaning up of the Comfort Canal once again, and let me tell you. Whenever you come back with a company to clean the canals, make sure that you have a company that is not trying to become rich at the expense of the City of Miami taxpayers. Make sure you get a company that goes into those canals and do a good job, and do a good clean-up of the canal, so we don't have to go through the same process every two months. Ms. Grindell: Absolutely. Vice Chairman Gonzalez: This is taxpayers' money that we have to defend. Ms. Grindell: Absolutely. Vice Chairman Gonzalez: All right? Ms. Grindell: Um -hum. Vice Chairman Gonzalez: Thank you. Chairman Sanchez: All right, so Vice Chairman Gonzalez (technical difficulty) get all the -- Linda Haskin (Deputy City Manager/Chief Financial Officer): It's a withdrawal. Chairman Sanchez: -- three items. We have not made a motion to defer consent agenda items 7 City of Miami Page 11 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Priscilla A. Thompson (City Clerk): I'm sorry. Chairman Sanchez: -- 13, and 20. Ms. Thompson: Your mike. Chairman Sanchez: It's on. It's not on? All right. There are three items that the Administration is requesting to defer. That is consent agenda 7, 13, and 20. I need a motion to defer all three of those items. Ms. Haskins: Actually, those are withdrawals. Chairman Sanchez: I'm sorry, withdrawals. 1 apologize. All right. Vice Chairman Gonzalez: Move to with -- Commissioner Winton: So move. Chairman Sanchez: Need a motion for -- Commissioner Winton: So moved. Chairman Sanchez: -- to withdraw Item 7, 13, and 20. For the record, there's a motion by Vice Chairman Gonzalez, second by Commissioner Winton. The item is under discussion. Hearing no discussion from the legislative body, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and those items have been withdrawn. CA.8 05-00662 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID OF ENVIROWASTE SERVICES GROUP, INC., FOR THE PROJECT ENTITLED "CITYWIDE STORM SEWER INLET CLEANING PROJECT -NORTH ZONE, B-50711," FOR A TWO-YEAR PERIOD, IN THE ANNUAL AMOUNT NOT TO EXCEED $239,635, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $479,270, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $479,270, FROM PUBLIC WORKS GENERAL ACCOUNT NO. 001000.311003.6.340; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. 05-00662 Legislation.pdf 05-00662 Exhibit 1.pdf 05-00662 Exhibit 2.pdf 05-00662 Exhibit 3.pdf 05-00662 Exhibit 4.pdf 05-00662 Summary Form.pdf 05-00662 Fact Sheet.pdf 05-00662 Tabulation of Bids.pdf This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. City of Miami Page 12 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen R-05-0445 CA.9 05-00663 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID OF ENVIROWASTE SERVICES GROUP, INC., FOR THE PROJECT ENTITLED "CITYWIDE OUTFALL CLEANING PROJECT, B-30256," FOR A TWO-YEAR PERIOD, IN THE ANNUAL AMOUNT NOT TO EXCEED $199,995, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $399,990, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $399,990, FROM PUBLIC WORKS GENERAL ACCOUNT NO. 001000.311003.6.340; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. 05-00663 Legislation.pdf 05-00663 Exhibit 1.pdf 05-00663 Exhibit 2.pdf 05-00663 Exhibit 3.pdf 05-00663 Exhibit 4.pdf 05-00663 Exhibit 5.pdf 05-00663 Summary Form.pdf 05-00663 Fact Sheet.pdf 05-00663 Tabulation of Bids.pdf This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen R-05-0446 CA.10 05-00664 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID OF ENVIROWASTE SERVICES GROUP, INC., FOR THE PROJECT ENTITLED "CITYWIDE STORM SEWER INLET CLEANING PROJECT -SOUTH ZONE, B-50717," FOR A TWO-YEAR PERIOD, IN THE ANNUAL AMOUNT NOT TO EXCEED $149,805, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $299,610, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $299,610, FROM PUBLIC WORKS GENERAL ACCOUNT NO. 001000.311003.6.340; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. City of Miami Page 13 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 05-00664 Legislation.pdf 05-00664 Exhibit 1.pdf 05-00664 Exhibit 2.pdf 05-00664 Exhibit 3.pdf 05-00664 Exhibit 4.pdf 05-00664 Summary Form.pdf 05-00664 Fact Sheet.pdf 05-00664 Tabulation of Bids.pdf This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen R-05-0447 CA.11 05-00665 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE Police CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE MEMBER AGENCIES OF THE CHILD ABDUCTION RESPONSE TEAM AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT, TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ADEQUATELY RESPOND TO CONTINUING, MULTI -JURISDICTIONAL CRIMINAL ACTIVITY, SO AS TO PROTECT THE PUBLIC PEACE AND SAFETY AND PRESERVE THE LIVES AND PROPERTY OF THE CITIZENS, AS DEFINED IN PART 1, CHAPTER 23, FLORIDA STATUTES. 05-0065 Legislation.pdf 05-0065 Exhibit.pdf 05-0065 Summary Form.pdf 05-0065 Routing Slip.pdf 05-0065 FDLE Letter.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen R-05-0448 CA.12 05-00666 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING Purchasing RESOLUTION NO. 02-618, ADOPTED JUNE 13, 2002, FOR THE PROVISION OF CITY-WIDE LOT CLEARING SERVICES FOR THE OFFICE OF NEIGHBORHOOD ENHANCEMENT TEAM (NET), ON AN AS -NEEDED CONTRACT BASIS, TO REFLECT THE CORRECT OPTION TO RENEW CONTRACT TERM FROM A ONE-YEAR TERM WITH TWO (2) ADDITIONAL ONE-YEAR PERIODS, TO A ONE-YEAR TERM WITH THREE (3) ADDITIONAL ONE-YEAR PERIODS; AMENDING SAID RESOLUTION TO REFLECT THE CORRECT LANGUAGE. City of Miami Page 14 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 05-00666 Legislation.pdf 05-00666 Summary Form.pdf 05-00666 Interoffice memo.pdf 05-00666 Contract Extension Form.pdf 05-00666 Previous Resolution.pdf 05-00666 RFQ.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen CA.13 05-00667 Department of General Services Administration CA.14 05-00668 Department of Police R-05-0449 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID OF RC TIRE ROAD SERVICE, INC., RECEIVED ON MAY 4, 2005, PURSUANT TO INVITATION FOR BIDS NO. 04-05-022, FOR THE PROVISION OF SPECIALIZED FLAT TIRE REPAIR SERVICES, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, FLEET MANAGEMENT DIVISION, ON AN AS -NEEDED CONTRACT BASIS, FOR AN INITIAL TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, AT AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED $40,000, FOR AN ESTIMATED TOTAL CONTRACT AMOUNT NOT TO EXCEED $160,000; ALLOCATING FUNDS FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, ACCOUNT CODE NO. 503001.420905.6.670. 05-00667 Legislation.pdf 05-00667 Summary Form.pdf 05-00667 Award Recommendation and Approval Form.pdf 05-00667 Award Sheet.pdf 05-00667 Tabulation Sheet.pdf 05-00667 Bid Security List.pdf 05-00667 Letter.pdf WITHDRAWN A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Winton, and was passed unanimously, to withdraw Item CA.13. Note for the Record: Please see minutes referencing said item under Item CA.7 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE PURCHASE OF ONE LENCO BEARCAT ARMORED TACTICAL DEPLOYMENT AND RESCUE VEHICLE, FROM LENCO ARMORED VEHICLES, CONSISTING OF EQUIPMENT LISTED ON "ATTACHMENT 1," ATTACHED AND INCORPORATED, AS AUTHORIZED UNDER A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI DEPARTMENT OF POLICE AND THE STATE OF FLORIDA COUNTER -DRUG PROCUREMENT PROGRAM, ESTABLISHED AND MAINTAINED PURSUANT TO NATIONAL DEFENSE AUTHORIZATION ACT SECTION 1122, KNOWN AS THE "1122 PROGRAM," FOR THE DEPARTMENT OF POLICE, IN A TOTAL AMOUNT NOT TO EXCEED City of Miami Page 15 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 $191,796; ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $188,000, FROM THE URBAN AREAS SECURITY INITIATIVE ("UASI") GRANT PROGRAM III, FISCAL YEAR 2004, ACCOUNT CODE NO. 110143.280911.6.840 AND IN THE AMOUNT NOT TO EXCEED $3,796, FROM THE UASI GRANT PROGRAM II, FISCAL YEAR 2003, ACCOUNT CODE NO. 110111.280910.6.840. 05-00668 Legislation.pdf 05-00668 Exhibit.pdf 05-00668 Summary Form.pdf 05-00668 Tables.pdf 05-00668 Letter.pdf 05-00668 Email.pdf 05-00668 Letter 2.pdf 05-00668 Memo of Agreement.pdf 05-00668 Procurement Program.pdf 05-00668-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen R-05-0450 CA.15 05-00669 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PRACTICE MANAGEMENT SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND PST SERVICES, INC., D/B/A PER -SE TECHNOLOGIES, UNDER THE EXISTING CITY OF OAKLAND PARK, FLORIDA, AWARD OF REQUEST FOR PROPOSALS NO. 082704EMS, TO PROVIDE EMERGENCY MEDICAL TRANSPORT BILLING AND COLLECTIONS SERVICES, FOR THE DEPARTMENT OF FIRE -RESCUE, AT A PROPOSED COST OF 6% OF THE NET AMOUNT COLLECTED AND A FLAT FEE OF $7.50, PER MEDICAID CLAIM, FOR A TERM OF THREE (3) YEARS, EFFECTIVE UNTIL DECEMBER 31, 2007, WITH AN OPTION TO RENEW FOR ONE (1) ADDITIONAL YEAR; ALLOCATING FUNDS FROM SAID COLLECTIONS, FROM THE DEPARTMENT OF FIRE -RESCUE GENERAL ACCOUNT NO. 001000.280601.6.340, SUBJECT ONLY TO BUDGETARY APPROVAL. City of Miami Page 16 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 05-00669 Legislation.pdf 05-00669 Exhibit.pdf 05-00669 Summary Form.pdf 05-00669 Per Se Technologies Ietter.pdf 05-00669 Bid Tab.pdf 05-00669 City of Oakland-Memo.pdf 05-00669 Per Se Practice Management Services Agreement.pdf 05-00669 City of Oakland -Agenda Item Report.pdf 05-00669 City of Oakland-Resolution.pdf 05-00669 City of Oakland -Purchasing Dept. RFP.pdf 05-00669 First Amendment and Extension to Services Agreement.pdf 05-00669 Corporate Resolution.pdf 05-00669 Master Report.pdf 05-00669 Previous Resolution.pdf 05-00669 Risk Management Insurance Safety Approval Form.pdf 05-00669 Certificate of Liability Insurance.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen CA.16 05-00670 Department of Parks and Recreation R-05-0451 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "THE CHILDREN'S TRUST GRANT," TO FUND THE DEPARTMENT OF PARKS AND RECREATION'S HEART OF OUR PARKS SCHOOL YEAR RECREATION, CULTURAL AND CORE EDUCATIONAL OUT -OF -SCHOOL TIME PROGRAMS AT JUAN PABLO DUARTE PARK, JOSE MARTI PARK, WILLIAMS PARK, AFRICAN SQUARE PARK AND SHENANDOAH PARK AND APPROPRIATING FUNDS, IN THE AMOUNT OF $1,393,979.68, CONSISTING OF A GRANT, FROM THE CHILDREN'S TRUST, IN THE AMOUNT OF $500,000, WITH REQUIRED MATCHING FUNDS FROM THE CITY OF MIAMI ("CITY"), IN THE AMOUNT OF $893,979.68; ALLOCATING SAID MATCHING FUNDS FROM THE STATE OF FLORIDA, DEPARTMENT OF HEALTH, IN THE AMOUNT OF $32,711.25 AND THE DEPARTMENT OF PARKS AND RECREATION GENERAL FUND IN THE AMOUNT OF $861,268.43; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CHILDREN'S TRUST AND THE CITY, FOR SAID PURPOSE. 05-00670 Legislation.pdf 05-00670 Exhibit.pdf 05-00670 Summary Form.pdf 05-00670 Children's Trust Letter.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen R-05-0452 City of Miami Page 17 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 CA.17 05-00671 Department of Economic Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. 04-0728, ADOPTED NOVEMBER 18, 2004, IN ITS ENTIRETY, AND THE LEASE AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI ("LESSEE") AND RAYOS DEL SOL, LTD., A LIMITED PARTNERSHIP ("LESSOR"), PURSUANT TO SAID RESOLUTION; AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE LESSEE AND LESSOR, FOR USE OF APPROXIMATELY 1,236 SQUARE FEET OF OFFICE SPACE, LOCATED AT 185 NORTHWEST 13TH AVENUE, MIAMI, FLORIDA, TO RELOCATE THE OPERATION OF THE EAST LITTLE HAVANA NEIGHBORHOOD ENHANCEMENT TEAM, TO PROVIDE FOR THE FOLLOWING: 1) A SEVEN-YEAR TERM COMMENCING NO LATER THAN FOUR MONTHS AFTER LESSEE ISSUES NOTICE TO PROCEED WITH CONSTRUCTION OF THE PREMISES TO LESSOR AND LESSEE PHYSICALLY OCCUPIES THE PREMISES, WITH AN OPTION TO EXTEND FOR TWO ADDITIONAL FIVE-YEAR TERMS SUBJECT TO THE MUTUAL CONSENT OF THE PARTIES; 2) LESSEE SHALL PAY RENT FOR THE FIRST YEAR, AT A RATE OF $12, PER SQUARE FOOT, OR AN AMOUNT NOT TO EXCEED $1,236, PER MONTH, WITH RENT FOR SUBSEQUENT TERM YEARS TO BE ADJUSTED BASED ON INCREASES IN THE CONSUMER PRICE INDEX; 3) LESSOR TO PROVIDE LESSEE WITH COMPLETE BUILD -OUT OF THE PREMISES; AND 4) LESSOR TO PAY ALL COMMON AREA OPERATING CHARGES AND PROVIDE FOUR RESERVED PARKING SPACES FOR LESSEE, WITH ADDITIONAL TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 05-00671 Legislation.pdf 05-00671 Exhibit 1.pdf 05-00671 Exhibit 2.pdf 05-00671 Exhibit 3.pdf 05-00671 Summary Form.pdf 05-00671 Previous Resolution.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen CA.18 05-00672 Department of Planning R-05-0453 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A NEGOTIATED PROFESSIONAL SERVICES AGREEMENT WITH SASAKI ASSOCIATES, INC., TO PROVIDE A MASTER PLAN FOR THE COCONUT GROVE WATERFRONT AND SPOIL ISLANDS, PROJECT B30182, IN AN AMOUNT NOT TO EXCEED $600,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ("CIP") ACCOUNT NO. 326015, IN AN AMOUNT NOT TO EXCEED $250,000 AND CIP ACCOUNT NO. 311047, IN AN AMOUNT NOT TO EXCEED $350,000, FOR SAID PURPOSE. City of Miami Page 18 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 05-00672 Legislation.pdf 05-00672 Exhibit 1.pdf 05-00672 Exhibit 2.pdf 05-00672 Exhibit 3.pdf 05-00672 Exhibit 4.pdf 05-00672 Exhibit 5.pdf 05-00672 Exhibit 6.pdf 05-00672 Exhibit 7.pdf 05-00672 Summary Form .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen CA.19 05-00673 Department of Police R-05-0454 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSAL NO. 04-05-091, THAT THE FIRM MOST QUALIFIED TO PROVIDE A HELICOPTER, FOR THE DEPARTMENT OF POLICE IS AMERICAN EUROCOPTER, LLC; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH AMERICAN EUROCOPTER, LLC, IN AN AMOUNT NOT TO EXCEED $1,724,764; ALLOCATING FUNDS FROM URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM II, FISCAL YEAR 2004, ACCOUNT CODE NO. 110143.280911.6.840. 05-00673 Legislation.pdf 05-00673 Exhibit.pdf 05-00673 Summary Form.pdf 05-00673-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen CA.20 05-00674 Department of Economic Development R-05-0455 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A TWENTY-FIVE YEAR AIRSPACE AGREEMENT AND ADDENDUM TO AIRSPACE AGREEMENT (COLLECTIVELY "AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR THE USE OF RIGHT-OF-WAY PROPERTY UNDER INTERSTATE 1-95 BETWEEN NORTHWEST 10TH STREET AND NORTHWEST 11TH STREET, MIAMI, FLORIDA, (ATHALIE RANGE AMENITY AREA"), FOR PUBLIC PURPOSE AND USE AS A RECREATIONAL AREA, WITH THE CITY OF MIAMI MAKING City of Miami Page 19 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 CA.21 05-00675 Bayfront Park Management Trust CERTAIN CAPITAL IMPROVEMENTS AND MAINTAINING SAID AMENITY AREA, SUBJECT TO FDOT'S APPROVAL OF SAID IMPROVEMENTS ON SAID AMENITY AREA, WITH ALL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 05-00674 Legislation.pdf 05-00674 Exhibit 1.pdf 05-00674 Exhibit 2.pdf 05-00674 Exhibit 3.pdf 05-00674 Summary Form.pdf WITHDRAWN A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Winton, and was passed unanimously, to withdraw Item CA.20. Note for the Record: Please see minutes referencing said item under Item CA.7 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE BAYFRONT PARK MANAGEMENT TRUST TO ENTER INTO A CONCESSION LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SKYLIFT HOLDING, LLC, TO MANAGE AND OPERATE A TETHERED BALLOON RIDE AT BAYFRONT PARK. 05-00675 - Legislation.pdf 05-00675 - Exhibit 1.pdf 05-00675 - Exhibit 2.pdf 05-00675 - Exhibit 3.pdf 05-00675 - Exhibit 4.pdf 05-00675 - Exhibit 5.pdf 05-00675 - Exhibit 6.pdf 05-00675 - Exhibit 7.pdf 05-00675 - Exhibit 8.pdf 05-00675 - Exhibit 9.pdf 05-00675 - Exhibit 10.pdf 05-00675 Memo.pdf This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen CA.22 05-00676 Department of Information Technology R-05-0456 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACQUISITION OF A POINT OF SALES CASHIERING SYSTEM, WHICH INCLUDES HARDWARE, SOFTWARE, INTEGRATION SERVICES, LIMITED EXPANSION, AND MAINTENANCE SERVICES, FROM WONDERWARE, INC., D/B/A CORE BUSINESS TECHNOLOGIES, UTILIZING EXISTING CLARK COUNTY, WASHINGTON REQUEST FOR PROPOSALS NO. 365, EFFECTIVE FOR A FIVE (5) YEAR PERIOD, SUBJECT TO FURTHER EXTENSIONS OR City of Miami Page 20 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 REPLACEMENT CONTRACTS BY CLARK COUNTY, WASHINGTON, TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES, ON AN AS -NEEDED CONTRACT BASIS, IN AN AMOUNT NOT TO EXCEED $150,000; ALLOCATING SAID FUNDS FROM CAPITAL IMPROVEMENT PROJECT ACCOUNT CODE NO. 311613, IN THE AMOUNT NOT TO EXCEED $120,000 AND FROM GENERAL FUND ACCOUNT CODE NOS. 001000.460101.6.335, 001000.460101.6.270 AND 001000.460101.6.670, IN THE AMOUNT NOT TO EXCEED $30,000; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 05-00676 Legislation.pdf 05-00676 Exhibit 1.pdf 05-00676 Exhibit 2.pdf 05-00676 Exhibit 3.pdf 05-00676 Exhibit 4.pdf 05-00676 Exhibit 5.pdf 05-00676 Exhibit 6.pdf 05-00676 Exhibit 7.pdf 05-00676 Exhibit 8.pdf 05-00676 Exhibit 9.pdf 05-00676 Summary Form.pdf 05-00676 Award Recommendation Approval Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen CA.23 05-00677 Department of Economic Development R-05-0457 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT NO. 2, IN THE ATTACHED FORM, TO THE AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), ORIGINALLY DATED JANUARY 12, 1999, DECREASING THE AMOUNT OF FDOT'S FUNDING FOR THE DESIGN AND CONSTRUCTION OF THE PUBLIC HELIPORT PROJECT ON WATSON ISLAND DUE TO THE MODIFIED SCOPE OF SERVICES, FROM $4,700,419 TO $1,000,000; AMENDING THE PREVIOUS APPROPRIATION OF SAID FUNDS TO REFLECT THE REDUCTION IN FDOT'S FUNDING TO $1,000,000. 05-00677- Legislation.pdf 05-00677- Exhibit 1.pdf 05-00677- Exhibit 2.pdf 05-00677- Exhibit 3.pdf 05-00677- Summary Form.pdf 05-00677-Summary Form.pdf This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. City of Miami Page 21 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen CA.24 05-00678 Department of Capital Improvement Programs/Transpor tation R-05-0458 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE CITY OF MIAMI STREETCAR, CAPITAL IMPROVEMENT PROJECT NO. 341330, B-71215, WHICH PROVIDES FOR THE CONTRIBUTION OF STATE FUNDS IN THE TOTAL AMOUNT NOT TO EXCEED $2,790,000, FOR ALTERNATIVES ANALYSIS, ENVIRONMENTAL DOCUMENTATION, PRELIMINARY ENGINEERING AND PROGRAM/PROJECT MANAGEMENT SERVICES ASSOCIATED WITH THE INITIAL IMPLEMENTATION OF THE "CITY OF MIAMI INITIAL STREETCAR CORRIDOR FEASIBILITY STUDY." 05-00678 Legislation.pdf 05-00678 Exhibit 1.pdf 05-00678 Exhibit 2.pdf 05-00678 Exhibit 3.pdf 05-00678 Exhibit 4.pdf 05-00678 Summary Fomi.pdf 05-00678 Master Report.pdf 05-00678 Feasibilty Study.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen CA.25 05-00679 Office of the City Attorney R-05-0459 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MICHAEL FEILER, ESQUIRE, TRUST ACCOUNT, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $175,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF DAISY MONTES V. THE CITY OF MIAMI, IN THE UNITED STATED DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO. 03-20065-CIV-GOLD/SIMONTON, UPON THE EXECUTION OF A GENERAL RELEASE, ACCEPTABLE TO THE CITY ATTORNEY, OF ALL CLAIMS AND RELEASING THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.661. 05-00679- Legislation.pdf 05-00679- Cover Memo.pdf 05-00679- Buget Memo.pdf City of Miami Page 22 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen CA.26 05-00685 Department of Police R-05-0460 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED FUNDING OF PROTRACTED, COMPLEX INVESTIGATIONS, IN AN AMOUNT NOT TO EXCEED $100,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001, 690002 AND 690003, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF JUSTICE AND TREASURY'S, "GUIDE TO EQUITABLE SHARING," AND FLORIDA STATE STATUTE, CHAPTER 932.7055. 05-00685 Legislation.pdf 05-00685 Summary Form.pdf 05-00685 Affidavit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen CA.27 05-00686 Department of Capital Improvement Programs/Transpor tation R-05-0461 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF SOUTHEASTERN ENGINEERING CONTRACTORS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, PURSUANT TO INVITATION FOR BIDS NO. 04-05-080, RECEIVED JUNE 24, 2005, FOR THE PROJECT ENTITLED "FLAGAMI / WEST END STORM WATER PUMP STATION NOS. 1, 2, 3 AND 4 AND FAIRLAWN STORM SEWER PUMP STATION PROJECT, PHASE IIA, B-50696 AND B-50702," IN THE TOTAL AMOUNT NOT TO EXCEED $ 6,714,352.40; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ("CIP") NO. 352211, IN THE AMOUNT OF $ 3,897,328.40, CIP NO. 352199, IN THE AMOUNT OF $ 252,024, AND CIP NO. 352284, IN THE AMOUNT OF $2,565,000, AS SET FORTH ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 05-00686 Legislation.pdf 05-00686 Exhibit 1.pdf 05-00686 Exhibit 2.pdf 05-00686 Exhibit 3.pdf 05-00686 Exhibit 4.pdf 05-00686 Summary Form.pdf 05-00686 Project Analysis Forms.pdf City of Miami Page 23 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen CA.28 05-00698 Department of Finance R-05-0462 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND APPROVING THE AMENDED CITY OF MIAMI INVESTMENT POLICY ("INVESTMENT POLICY"), ATTACHED AND INCORPORATED; DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF FINANCE TO IMPLEMENT THE AMENDED INVESTMENT POLICY. 05-00698 Legislation.pdf 05-00698 Exhibit.pdf 05-00698 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen CA.29 05-00699 Model City Community Revitalization District Trust CA.30 R-05-0463 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "UNITED STATES ENVIRONMENTAL PROTECTION AGENCY CLEAN-UP GRANTS" AND APPROPRIATING FUNDS FOR ITS OPERATION IN THE AMOUNT NOT TO EXCEED $200,000, CONSISTING OF A GRANT AWARDED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, TO THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST ("TRUST"); AUTHORIZING THE TRUST'S PRESIDENT/CEO TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD. 05-00699 Legislation.pdf 05-00699 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen R-05-0464 05-00713 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE SUM OF $300,000 TO ADAAG CONSULTING SERVICES, LLC, IN FULL SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, FOR ATTORNEYS' FEES AND COSTS INCURRED FOR THE REPRESENTATION OF ACCESS City of Miami Page 24 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 NOW, INC. ET AL, AND ADAAG CONSULTING, IN FEDERAL LITIGATION PROCEEDINGS RELATED TO THE STREET AND SIDEWALK SURVEY, UPON EXECUTION OF A GENERAL RELEASE ON A FORM ACCEPTABLE TO THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.661. 05-00713- Legislation.pdf 05-00713- Cover Memo.pdf 05-00713- Budget Memo.pdf This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen R-05-0465 CA.31 05-00695 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ADOPTING THE CITY OF MIAMI COMPREHENSIVE EMERGENCY MANAGEMENT PLAN ("CEMP"), WITH PROVISIONS AS STATED HEREIN AND AS MORE PARTICULARLY DESCRIBED IN THE CEMP. 05-00695- Legislation.pdf 05-00695- Exhibit 1.pdf 05-00695- Exhibit 2.pdf 05-00695- Exhibit 3.pdf 05-00695- Exhibit 4.pdf 05-00695- Exhibit 5.pdf 05-00695- Exhibit 6.pdf 05-00695- Exhibit 7.pdf 05-00695- Exhibit 8.pdf 05-00695- Exhibit 9.pdf 05-00695- Exhibit 10.pdf 05-00695- Exhibit 11.pdf 05-00695- Summary Form.pdf 05-00695- County Letter.pdf 05-00695- County Statute.pdf 05-00695- State of FL. Administrative Code.pdf 05-00695- Pre. Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen R-05-0466 CA.32 05-00696 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM PRINCIPLES AND POLICIES THAT UNIFY FEDERAL, STATE AND LOCAL LINES OF GOVERNMENT FOR INCIDENT RESPONSE, WITH Ciry of Miami Page 25 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 DIRECTIVES AS STATED HEREIN, IN ACCORDANCE TO THE HOMELAND SECURITY PRESIDENTIAL DIRECTIVE/HSPD-5. 05-00696- Legislation.pdf 05-00696- Exhibit 1.pdf 05-00696- Exhibit 2.pdf 05-00696- Exhibit 3.pdf 05-00696- Exhibit 4.pdf 05-00696- Summary Form.pdf 05-00696- Homeland Security Letter.pdf 05-00696- Homeland Security Presedential Directive.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen R-05-0467 CA.33 05-00737 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY SUPORTE CLEFIN, CHARITE CLEFIN, AND GIBSON CLEFIN, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $55,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF SUPORTE CLEFIN, ET AL., VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 01-24885 CA (21), UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.651. 05-00737- Legislation.pdf 05-00737- Cover Memo.pdf 05-00737- Budget Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen R-05-0468 Adopted the Consent Agenda Motion by Commissioner Winton, seconded by Commissioner Regalado, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Allen Consent Agenda Minutes Chairman Sanchez: So, at this time, we'll go into the consent agenda. There are 33 items on the consent agenda. Let's try to maintain order, so what we're going to do is have the Administration put on the record which items will be -- are being pulled, which items are being City of Miami Page 26 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 amended on the record, which they have to be amended on the record, and which item -- then we'll go to the City Commission to see what are the items that the Commissioners want to pull for the purpose of discussion, so Madam City Manager. Linda Haskins (Deputy City Manager/Chief Financial Officer): Yes. The Administration would like to withdraw CA.7, CA. 13, and CA.20. There are amendments to be read into the record. There are substitute amend -- substitute items for CAs 8, 9, and 10. Chairman Sanchez: All right, so for the record, consent agenda Item 7 is being pulled, consent agenda 13 is being pulled, and consent agenda 20 is being pulled. Consent -- Ms. Haskins: They're all -- Chairman Sanchez: -- agenda 8, 9, and 10 -- Ms. Haskins: Have substitutes -- Chairman Sanchez: -- have substitutions, which will be put on the record by the department head. Ms. Haskins: Right, and CAs 21 and 23 also have substitutes. Chairman Sanchez: OK. Let's go ahead and make a motion to defer consent agenda 7, 13, and 20. Need a motion. Vice Chairman Gonzalez: Mr. Chairman, I have a question on CA.7. I want to know why this item is being pulled by the Administration. This is a very important item. It's related to cleaning the canals. Chairman Sanchez: OK. The Commissioner has a -- Vice Chairman Gonzalez: And -- Chairman Sanchez: -- very valid concern. Is there anyone that could address that? Vice Chairman Gonzalez: -- Comfort Canal in my district is starting to get very, very dirty once again, and at the same time -- I don't know, Mr. Chairman. What do you want me to do? Do you want me to pull this item and discuss it, and then defer it, if they want to, or -- Chairman Sanchez: That could -- Vice Chairman Gonzalez: Because I have a couple of questions. Chairman Sanchez: -- be the proper action to take. Vice Chairman Gonzalez: OK. Let me -- I want to pull CA. 7 for discussion. Chairman Sanchez: All right, so Commissioner -- Vice Chairman Gonzalez has requested that CA. 7 be pulled for discussion. Are there any other items that the Commissioner will like to pull for discussion? Hearing none, then we go to the items that -- there's only one item that had been pulled for discussion, that's CA. 7. Commissioner Allen: CA. 7. Chairman Sanchez: OK All right, at this time, could we have the Administration put on the City of Miami Page 17 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 record the amendments to the items that have been stated on the record, which is 8, 9, and 10, and then 22 and 23? Stephanie Grindell: Stephanie Grindell, director of Public Works. For CA.8, we're adding language into the legislation that adds -- that says "with the option to renew for two additional one-year periods." For CA.9 and CA.10, it's the same language that we're adding, "with the option to renew for two additional one-year periods." Chairman Sanchez: All right. You've put them all on the record, the -- Ms. Grindell: Those are my -- Chairman Sanchez: -- substitutes? Ms. Haskins: 1 don't see Tim Schmand from Bayfront. CA.21 has a substitute. Oh, there he is. OK. Chairman Sanchez: Tim, could you put -- Tim Schmand: Sure. Chairman Sanchez: -- the consent agenda substitute on the record? And I would also like to pull, for the point of clarification, CA.30. Mr. Schmand: Tim Schmand, Bayfront Park Management Trust. Chairman Sanchez: Tim, you're recognized. Mr. Schmand: 301 North Biscayne Boulevard, Miami. CA.21 is the Tethered Balloon agreement with Skylift, and it required Army Corp of Engineers approval, which we received yesterday, so the amendment -- or the change is "whereas the Army Corp of Engineers approved the final agreement on August 27, 2005 [sic]. Chairman Sanchez: And that was the only pending issue on that item -- Mr. Schmand: Only pending. Chairman Sanchez: -- that has been already resolved? Mr. Schmand: Correct. Chairman Sanchez: All right, so the substitution is stated on the record. OK, we continue with substitutions. Laura Billberry (Acting Director, Economic Development: CA.23. Lori Billberry -- Chairman Sanchez: I'm sorry, with amendments. Ms. Billberry: Yes. CA.23. Lori Billberry, Economic Development. The item was -- the substitute item was distributed to your offices the other day, and basically, that last line of the legislation has been correctly amended to show that we are, instead -- reducing the appropriation to properly reflect FDOT's (Florida Department of Transportation's) decrease in the grant funding to the $1 million. Chairman Sanchez: All right. Any other amendments on the record? If not, CA. 30 -- and I just City of Miami Page 28 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 want to state this for point of clarification -- needs to be amended. The third -- the 300,000 is being paid to ADAAG Consulting Services, the accessibility consulting survey for over 200 linear miles of right-of-way survey, previously approved by the City in writing. De La 0 & Marko waived all their fees associated with enforcing this payment. Then the agenda must be revised to reflect that change, so having stated that on the record -- Jorge L. Fernandez (City Attorney): Correct. Chairman Sanchez: -- we need to amend that consent agenda to clearly state that, all right? Mr. Fernandez: Correct. Chairman Sanchez: All right, so at this time, the only item that is being pulled for discussion is CA. 7 by Commissioner Gonzalez -- Vice Chairman Gonzalez, so I would entertain a motion to approve all the consent agenda items, except CA. 7. Commissioner Winton: So moved. Chairman Sanchez: There's a motion by -- Commissioner Regalado: Second. Chairman Sanchez: -- Commissioner Winton -- Commissioner Regalado: Second. Chairman Sanchez: -- and there's a second by Commissioner Regalado. For the purpose of discussion. Hearing no discussion, all in favor, say "aye. " The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, the motion carries. City of Miami Page 19 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 PERSONAL APPEARANCES PA.1 05-00680 DISCUSSION ITEM MRS. HEIDI JOHNSON-WRIGHT, TO ADDRESS THE CITY COMMISSION REGARDING A CAPITAL PROJECT THAT IS PLANNED FOR BRYAN PARK. 05-00680- Request Letter.pdf DISCUSSED Direction to the Administration by Commissioner Regalado to inform the district commissioner of any agenda items affecting his district before placing them on the agenda. Chairman Sanchez: We go to the personal appearances. We'11 go ahead and start with PA. 1, Heidi Johnson -Wright, who is here. Heidi, good morning, and welcome to City Hall. Heidi Johnson -Wright: Good morning, Mr. Chairman, gentlemen. My name is Heidi Johnson - Wright. I live at 2330 Southwest 13th Street, Miami. I live in the Shenandoah neighborhood, across the street from Bryan Park, and I'm before you today regarding an issue of grave and urgent concern. The issue is the capital project that is planned for Bryan Park, and I believe that this project is extremely misguided, and if carried out, would destroy this beautiful, highly valuable City asset. I've inspected the Bryan Park project plans, and they are worse than I had ever imagined. Two or more tennis courts, a two-story structure, and a parking lot that will take up virtually all of the existing green space. Destruction of the park's green space will have very deleterious effects on the neighborhood and the City generally. Just one example, paving over more than an acre of existing open grass for an out -of -scale tennis center will surely increase the flooding on the street that we already have from heavy rains. As far as I can tell, this is a project that has never been discussed by the Commission, and there have been no public hearings. In fact, no resident input on this project has been solicited in any meaningful way. I've been passing out flyers about the project, and speaking with the folks in the neighborhood passing by my home. I've yet to hear one single person state that he or she thinks the proposed project would be good for the neighborhood, but the park isn't about us; it's about scale, fresh air, drainage, open space, and a legacy of preserving a perfect urban park in a city that has a regrettable history of paving, selling, neglecting, and not expanding its parkland. Miami is a wonderful city, but a City with some of the smallest amounts of parkland and green space of any large urban area. We cannot afford to pave over Bryan Park to create a competition -scale regional tennis center. Therefore, gentlemen, I am requesting three things: First, that no tennis center work be done until the City's park's master plan is completed. During the first meeting in July, the Commission delayed a vote on a proposed expansion of the Rusty Pelican on public land based upon the pending Virginia Key Master Plan. Number two, because the proposed changes to the park are so drastic and the residents who live in the immediate vicinity would be greatly impacted by a loss of open space, increased traffic, noise, drivers looking for parking spaces, et cetera, I am requesting that Commissioner Regalado commit to blocking the project, if the tennis center is opposed by a simple majority of residents with properties on the park, and third, as a wheelchair user, it is difficult for me to go door-to-door inviting neighbors to a meeting; therefore, I am requesting assistance from Commissioner Regalado and his staff in assisting with the scheduling of a brief weeknight neighborhood meeting of residents on this issue. Thank you for your time. Chairman Sanchez: Thank you so much. As a public appearance, we have PZ.2 [sic]. Commissioner Regalado: Mr. Chairman -- Chairman Sanchez: Yes. City of Miami Page 30 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Regalado: -- if 1 may, I'd like to respond to Heidi. I think that what she's asking makes sense. We could wait, but I think that the residents, and especially Ms. Wright, have not been informed, and I believe that this is probably everybody's fault, Administration and us. However, I did meet with your husband ten days ago, and explained to him that I have been working with Alicia Cuervo. First, as we go back in history, when I was presented a plan for Bryan Park, it looked nice, then they did another plan, and one City official, I think, told me that, you know, they went a little overboard in that, and since then, we have been working with Alicia Cuervo, our Chief of Operations, and she has gone back several times to Planning, Zoning, and Parks Department. As of now, the plans have been changed drastically, as I show it to your husband, and 1 do believe that we need to have input from the residents. We had a meeting. I asked your husband to see if you can organize a meeting, but I will do it through my office. What I really think is wrong is in the part of the Administration to place an item in the agenda without informing the area Commissioner, because we could have gone to Ms. Wright with all the plans that had been changed and maybe if she still wanted to come before the Commission, but now it is on the agenda; we have several people here that are requesting to speak in behalf of the project -- that will be up to the Chairman -- and the fact of the matter is that we have not finished the plan, so I would just hope that the Administration will show more sensitivity to the area Commissioners, because she's asking all of this from me. I have been meeting with Patricia Goings (phonetic) and all of the residents around the park for several months. We had had meeting with the neighbors in my office, with Alicia Cuervo, and with other City officials, and this was sort of unexpected, so maybe next time the people that do support the project and would want to come up and speak their mind, but if the plan is not done, I don't understand why would the Administration create this rift between some residents because of the park. I just don't understand I don't understand why my office was not informed, at all, that this was in the agenda. We could have -- Commissioner Winton.: What's on the agenda? But what's on the agenda? Commissioner Regalado: -- gone -- Chairman Sanchez: What is on the agenda? There is -- Commissioner Winton: What's on the agenda? Chairman Sanchez: -- nothing on the agenda. This is a personal appearance, not a public hearing, and as the item moves forward, I'm sure you're going to have more community meetings, and when the item is put forth on the agenda for discussion, then it becomes a public hearing, and we could have both sides come and speak on this item. I don't want to not allow anybody the opportunity to speak, but I assure you, we have a long agenda today, and based on the protocol and the laws that exist for us are that this is a personal appearance and not a public hearing, so at this time -- Commissioner Winton: But may I -- Chairman Sanchez: Yeah. Commissioner Winton: -- chime in with one thing? Chairman Sanchez: Sure. Commissioner Winton: Commissioner Regalado, though, at the beginning -- and I think we kind of got lost in the rest of it --1 think you made a request, but I'm not sure, and it seems to me that the request that you made is that -- there isn't any action item here anyhow -- City of Miami Page 31 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Chairman Sanchez: No. Commissioner Regalado: Right. Commissioner Winton: -- but you did -- and 1 don't want to put words the your mouth, but it seemed to me that you were directing the staff to meet with all the neighbors and figure out -- and do more work on this plan. I mean, is this what I heard? Commissioner Regalado: That's what we're doing, and Mr. Chairman, the item is in the agenda. There is a personal appearance on the issue of Bryan Park. What I'm saying is that my office was not notified at all, and I think that's wrong, because I could have even told the people that are in favor of the project, there's no need to come because there's not going to be action, but I don't know. I was blindsided by this item, and you know, if we're going to treat districts like citywide issue, it's fine by me. We can all chime in in everything of the district, but I think that since we were working on the plans, why not advise the people that we were working on the plan? I mean, what is this disconnect? 1 don't understand. Linda Haskins (Deputy City Manager/Chief Financial Officer): Commissioner, we had discussed this yesterday, and I apologize. There was not a formal notification of your office, that this was a discussion item that affected your district, and we will make sure that we put into place procedures to show all of our Commissioners the proper respect, and notes them of any agenda items requested that would affect their area, and we apologize for that. Commissioner Regalado: No, that's OK. I just think that -- Chairman Sanchez: All right. Commissioner Regalado: -- it's important that we understand that we were working -- I mean, the Administration was working on the plan. Alicia has gone back and forth to Planning, to Zoning, to Parks on this project, and we have not -- Commissioner Winton: So next? Commissioner Regalado: -- finish it, so I -- you know, I would love to meet with the neighbor. In fact, again, your husband told me that he was going to organize a meeting, and this was ten year -- ten days ago. Any time, next weekwe can meet at the park and it'll be fine, and we can have the people -- the residents. Ms. Johnson -Wright: Thank you. I'll be in touch with your office then. Commissioner Regalado: Thank you. Ms. Johnson -Wright: Thanks. Chairman Sanchez: All right. Thank you, and once again, to clam this, this is a personal appearance. Anybody can request a personal appearance to be in front of this Commission. There is no item here to start the process to construct the park or anything. Before that ever happens, there will be public hearings, and that's just the way the law -- the current regulations and rules are pertaining to this item, so having said that, thank you so much for being here. We'll move on to the next items, and as you exit, please be a little courteous to us, so we could continue with the agenda. PA.1 was done. PA.2 05-00742 DISCUSSION ITEM REPRESENTATIVE(S) FROM FILMAURO MIAMI TO ADDRESS THE CITY COMMISSION TO REQUEST A WAIVER OF THE NOISE ORDINANCE TO City of Miami Page 32 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 FACILITATE THE FILMING OF THE FEATURE FILM, "CHRISTMAS IN MIAMI", WHICH WILL BE SHOOTING FROM AUGUST 15TH, 2005 THROUGH EARLY OCTOBER 2005. 05-00742- Request Letter.pdf 05-00742- Recommendation Memo.pdf DISCUSSED Chairman Sanchez: PA. 1 was done. We go to PA.2. PA.2 is a discussion item. Robert Parente, you're recognized This is on a waiver. Robert Parente: Thank you very much, Commissioner. Commissioners, good morning. Madam City Manager, good morning. I'm waiting for -- here we go. First, let me give you an update. About a month ago I came before this body and asked for a waiver for the noise ordinance to shut down 1-95 for three straight nights, and also that same waiver allowed Miami Vice to also do some explosions on the Miami River, I believe in your district, Commissioner, and we notified you. I'm really happy to inform you that we've received to date zero complaints for either one of those events, and we're part of a team. We don't want to take full credit, but working with our partner at the County and with the film people, we achieved a great notification; we doubled the number of signs on 95 to make sure people knew. I go to Jackson Memorial once a week and I knew that all the nurses and doctors there knew about it, so we believe that's what resulted in having zero complaints. I'm before you today on PA.2 and PA. 3. We have a -- some of my pisones (phonetic) from Italy are here filming a movie called Christmas in Miami. The film group is called Filmauro Miami, and because they're going to start filming it in August and go through September, they need a waiver so that in case they need to shoot between the hours of 11 p. m. or 5 a.m., we can issue those permits, on a case -by -case basis, with your previous approval today, hopefully. Commissioner Winton: So moved. Mr. Parente: OK PA.3, we did as a separate item. Chairman Sanchez: These are -- Bobby, these are both waivers of noise ordinance, correct? Mr. Parente: That's correct, sir. Chairman Sanchez: All right. Is there a motion to approve -- Commissioner Winton: Move both. Chairman Sanchez: -- PA.2. Vice Chairman Gonzalez: Second. Chairman Sanchez: No, you can't move both. Commissioner Winton: OK. Move -- Chairman Sanchez: PA.2 -- Commissioner Winton: -- PA.2. Chairman Sanchez: -- there's a motion by Commissioner Winton, second by Vice Chairman Gonzalez. Any discussion on the item? City of Miami Page 33 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Vice Chairman Gonzalez: I just want to -- I just want to commend Mr. Parente for the work that they did noting the neighborhood of the filming of this movie. I didn't get one single complaint. I think that you did an extraordinary job on notifying the residents, and no complaints at all. It went smooth. People were very pleased with the way they were notified and let know what was going on, so 1 have to commend you for the work that -- Mr. Parente: Thank you very much, Commissioner. Vice Chairman Gonzalez: -- the people and you have done. Mr. Parente: Appreciate that very much. Vice Chairman Gonzalez: Thank you. Chairman Sanchez: All right. No further 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. PA.2 has been passed. Discussion on Item PA.2 resulted in the resolution below: (PA.2) 05-00742a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING AN EXEMPTION FROM THE PROHIBITIONS AND RESTRICTIONS CONTAINED IN SECTIONS 36-4(A) AND 36-5 (A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS RELATED TO THE LEVEL AND HOURS OF NOISE RESULTING FROM FILMING "CHRISTMAS IN MIAMI," FROM AUGUST 15, 2005 THROUGH EARLY OCTOBER, 2005, AT VARIOUS LOCATIONS IN THE CITY OF MIAMI, FLORIDA, WITH EACH LOCATION AND TIME PERMITTED BY THE OFFICE OF FILM ARTS, CULTURE AND ENTERTAINMENT. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0489 PA.3 05-00743 DISCUSSION ITEM REPRESENTATIVE(S) FROM PARAMOUNT PICTURES, IN ASSOCIATION WITH JENNIFER LOPEZ AND UPN TO ADDRESS THE CITY COMMISSION TO REQUEST A WAIVER OF THE NOISE ORDINANCE TO FACILITATE THE FILMING OF THE TV SHOW, "SOUTH BEACH", WHICH WILL BE SHOOTING FROM AUGUST 15TH, 2005 THROUGH JANUARY 15TH 2006. 05-00743 - Request Letter.pdf 05-00743 - Recommendation Memo.pdf DISCUSSED City of Miami Page 34 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Chairman Sanchez: We go to PA.3. We also need a motion for that. Is there a motion? Commissioner Winton: So move. Chairman Sanchez: Motion by -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- Commissioner Winton, second by Vice Chairman Gonzalez. Purpose of discussion. Any discussion on the item? If not, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and Bobby, I'd like to also praise you for your efforts, and also as we see that we're attracting more movies to Miami, it is great. I think that's an industry that we have not fully tapped into, but it's a great industry that provides jobs, and of course, it also promotes our image as being a city that's friendly towards the film industry, and you've done a great job, and you've -- Robert Parente: Well, thank you, sir. Chairman Sanchez: -- been an Ambassador to the City of Miami. Mr. Parente: Well, thank you. Chairman Sanchez: Thank you so much. Mr. Parente: My staff deserves quite a lot of credit, too; Katherine Sanoja on my team. By the way, let me just introduce real quick Rita and Jennifer, who were two of our veteran location scouts. Rita's representing the Italian film company, and Jennifer's representing Paramount with the series South Beach, which Jennifer Lopez is executive producing, and they're an example of the kind of professionals we have in this town that bring the films here. Chairman Sanchez: Make sure you invite Commissioner Winton to that shoot. Mr. Parente: I'll do that. Thank you very much, Commissioner. Commissioner Winton: Yeah, and I'll show up, also. Chairman Sanchez: All right. Thank you so much. Discussion on Item PA.3 resulted in the resolution) below: (PA.3) 05-00743a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING AN EXEMPTION FROM THE PROHIBITIONS AND RESTRICTIONS CONTAINED IN SECTIONS 36-4(A) AND 36-5 (A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS RELATED TO THE LEVEL AND HOURS OF NOISE RESULTING FROM FILMING THE TELEVISION SHOW "SOUTH BEACH," FROM AUGUST 15, 2005 THROUGH JANUARY 15, 2006, AT VARIOUS LOCATIONS IN THE CITY OF MIAMI, FLORIDA, WITH EACH LOCATION AND TIME PERMITTED BY THE OFFICE OF FILM ARTS, CULTURE AND ENTERTAINMENT. City of Miami Page 35 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0490 City of Miami Page 36 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 05-00707 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE "MTV VIDEO MUSIC AWARDS" TO BE HELD AT AMERICAN AIRLINES ARENA ON AUGUST 28, 2005; AUTHORIZING THE PROVISION OF IN -KIND SERVICES, IN AN AMOUNT NOT TO EXCEED $190,000, FROM THE DEPARTMENTS OF POLICE, FIRE -RESCUE, AND SOLID WASTE; ALLOCATING FUNDS FROM ACCOUNT NO. 001000.921002.6.289; CONDITIONING SAID AUTHORIZATIONS UPON THE ORGANIZER: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS WITH SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MY BE PRESCRIBED BY THE CITY MANAGER. 05-00707- Legislation.pdf Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Sanchez Absent: 2 - Commissioner Regalado and Allen R-05-0469 Note for the Record: Commissioner Regalado recommended that the City seek funds from Miami Sports & Exhibition Authority (MSEA) for these types of events. Chairman Sanchez: OK. Do we have anyone from the Mayor's Office with the Mayor's items? Linda Haskins (Deputy City Manager/Chief Financial Officer): Could we -- we're getting somebody from the Mayor's Office down here. Chairman Sanchez: All right. Ms. Haskins: If we could go to the next items. "[Later...]" Chairman Sanchez: Mr. Mayor, you're recognized for your items on your blue pages. Mayor Manuel A. Diaz: Thank you, Mr. Chairman, members of the Commission. I have three items. The first one deals with the fact that once again, for the second year in a row, the City of Miami will be hosting the MTV (Music Television) Music Video Awards. As you know, this -- we were lucky enough to get this last year, because of a conflict with the Republican convention in New York, but this year we really earned those stripes, and they've come back and -- actually, we're working with them to, hopefully, create a long-term deal. This is a resolution authorizing an amount not to exceed $190, 000. This was previously budgeted by this Commission, and what we're asking for is an appropriation of this amount by approving the resolution. I will tell you that, subsequent to the press conference of a couple of days ago, on Google alert, we've gotten at City of Miami Page 37 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 least 50, 55 hits. This is an international story and certainly places Miami at the top, so I would ask that you approve the resolution. Chairman Sanchez: All right. Is there a motion? Commissioner Regalado: I'll move to -- Commissioner Winton: Second Commissioner Regalado: -- approve the Mayor's, and I have a comment. I -- Chairman Sanchez: All right. There's a motion for the record by Commissioner Regalado, second by Commissioner Winton, and the purpose of discussion. Commissioner Regalado, you're recognized. Commissioner Regalado: I told the Mayor that what he did to bring the MTV Awards is great for the City, but we should look at Miami Sports and Exhibition Authority for funding. That is the role of MSEA (Miami Sports & Exhibition Authority). That is the role of this body, and that deals with the TD, or tourist dollars, and unfortunately, MSEA is not sponsoring events now, but we should think for next year, because many cities, as you know, will be trying to lure -- Mayor Diaz: Sure. Commissioner Regalado: -- the MTV Award. I mean, it's a natural, and they will -- they're willing to pay whatever it takes, and the general fund has some funds that could be used, but MSEA has a number of funds that we could use, and this is a very legitimate event that MSEA could sponsor. Mayor Diaz: Absolutely, and Commissioner, as I indicated to you yesterday, I fully agree with that, and we should definitely explore this for next year, particularly as we continue to work with them to hopefully get a two- or a three-year long-term deal. Having MSEA come to the table with additional funding certainly enhances our bid for that long-term deal. Chairman Sanchez: All right. Any further discussion on this item, on the MTV Awards? As the Chair, I go last, and I want to take this opportunity, Mayor, to once again praise you for doing everything you can to make sure that they keep coming back every year, the MTV Music Video Awards. It's a great opportunity for Miami to showcase itself, and you know, once the awards are going on and you see those scenes of Miami, and Miami's backdrop, skylight, and the people, the greatest resource that we have, I continue to say that that is priceless, when you're really able to showcase a city that's heading in the right direction to become an international city, and this is one of many events, and I would ask that you bring more and work even harder to try to bring these types of events that not only provide jobs, but boost our economy in our city, so having said that, there's a motion and a second. Well, we lost a quorum. We have quorum once again. Commissioner Gonzalez is back. I think he was always here listening to the presentation, so all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. M.2 05-00708 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $164,962, FROM THE CHILDREN'S TRUST TO ESTABLISH THE MIAMI YOUTH COUNCIL DURING THE 2005-2006 SCHOOL YEAR; AUTHORIZING THE City of Miami Page 38 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD. 05-00708- Legislation.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0470 Chairman Sanchez: And we move on to item number two on the Mayor's agenda. Mayor Manuel A. Diaz: Thank you, Chair -- Mr. Chairman. The next two items are authorizing the City Manager to accept grants, and this is a continuing effort on our part through -- to develop education initiatives, to involve ourselves with the school system, and help the children of Miami, and by the way, I also want to point out that I think one of you mentioned during the budget workshop the other day about our Grants Department and the additional need to -- the need to give them additional support, and I will tell you that our Grants Department has done a phenomenal job, and we keep, as you've seen from your agendas, bringing grants and grants to be approved by all of you. The first one is an enhancement grant that we are receiving from the Children's Trust for the work that we're doing at the Holmes Elementary School. The amount is 104, 000, and it will enhance our already grant funded 21 st Century Community Learning Center funding that serves over 150 students at Holmes. Holmes, by the way, just so you know, has about 400 and change in terms of students that we're serving; serving a large percentage of the students at Holmes. The grant will bring more mentors, as part of our mentoring initiative, into Holmes, enhance science lab activities, family field trips, parent workshops, and educational incentives, and I ask that you approve -- Vice Chairman Gonzalez: Mr. Chairman, 1 move M.2. Commissioner Winton: Second. Chairman Sanchez: All right. Vice Chairman Gonzalez: You have a motion and a second. Chairman Sanchez: There's a motion on the floor by Vice Chairman Gonzalez. I did not hear a second. Vice Chairman Gonzalez: You have a second. Commissioner Winton: Yeah, second. Chairman Sanchez: I apologize. Commissioner Winton did second the motion for the purpose of -- no purpose of discussion. Therefore, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Mayor Diaz: Thank you. M.3 05-00709 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE City of Miami Page 39 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $104,146, FROM THE CHILDREN'S TRUST TO PROVIDE ENHANCED SERVICES FOR THE 21ST CENTURY COMMUNITY LEARNING CENTER MIAMI LEARNING ZONE AT HOLMES ELEMENTARY SCHOOL, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 05-00709- Legislation.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0471 Mayor Manuel A. Diaz: And the third item is the acceptance of a Prevention and Promotion Children's Trust grant, which is going to help us create something that 1 think is very exciting, which is the Miami Youth Council. The grant is for 164, 000. We're going to develop a pilot program in three communities, initially; East Little Havana, Little Haiti, andAllapattah. The grant will have us working with the school system, three high schools; Edison, Miami High, and Jackson; Sant La, One Economy, Miami Bethany, FIU (Florida International University), and other NET -- our NET (Neighborhood Enhancement Team) offices. The goal is two fold. One is to provide direct instruction application of civic engagement process. All three communities will have a community council, which will have representatives on the Miami Youth Council, and all these community councils, we've provided guidance in development of action plans related to youth issues that they will bring to us and share with my office and share with each of your offices, so 1 think -- Chairman Sanchez: All right. Mayor Diaz: -- it's a very exciting program, and I ask for your approval. Chairman Sanchez: I don't think we've ever turned down any grants. Commissioner Winton: Vice Chairman Gonzalez: Move M.3. Chairman Sanchez: There's a -- Commissioner Winton: Second. Chairman Sanchez: -- motion by Vice Chairman Gonzalez, second by Commissioner Winton. The item 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. Mayor Diaz: Thank you. Chairman Sanchez: Thank you, Mr. Mayor. Mayor Diaz: Thank you. City of Miami Page 40 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 DISTRICT 1 VICE CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON D2.1 05-00700 DISCUSSION ITEM A PRESENTATION BY SAVE DADE REGARDING THEIR 10TH ANNUAL HALLOWEEN FUNDRAISER AND WAIVER OF CITY OF MIAMI NOISE ORDINANCE. 05-00700- Email.pdf DISCUSSED Chairman Sanchez: All right. Let's -- Vice Chairman Gonzalez, do you have any items, sir? Vice Chairman Gonzalez: No. Chairman Sanchez: OK, you do not, so we'll go to you, Commissioner Winton. I believe you have three items. Commissioner Winton: Yes. The first item is the presentation by Save Dade regarding their 10th -- Save Dade regarding their loth annual Halloween fund-raiser, which is also about a City noise ordinance waiver. Heddy Pena: Good morning. My name is Heddy Pena. I'm the executive director of Save Dade, and we're here to request a noise waiver for our loth annual fund-raiser. I'm happy to report that we have received the support of the surrounding community, and here to speak more on that is David Treece. David Treece: Hi. I'm David Treece. I live at 801 Northeast 74th Street, in Miami. I'm president of the Upper Eastside Miami Council, which is the coalition of all of the homeowners associations in the Upper Eastside, and we did vote unanimously to support the extended hours in the noise waiver. This has been a great party for our neighborhood. It's brought a lot of people into the neighborhood. It serves to promote the neighborhood. We've had a lot of elected officials there, as well, campaigning, and it's been a great event. People have actually come into the neighborhood who did not even know about it before, and it served to promote the neighborhood. It -- Save Dade is a professional organization. They have a professional event organizer, so they comply with all the permits, the insurance. They hire off -duty police officers, and they will certainly do everything that they can to minimize any noise concerns, parking concerns, anything along those lines, so this is a terrific event for a good cause, and -- Commissioner Winton: I've been to the party. Chairman Sanchez: All right. Commissioner Winton: Very good. So moved Chairman Sanchez: All right. There's a motion -- Commissioner Regalado: Second City of Miami Page 41 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Chairman Sanchez: -- by Commissioner Winton, second by Commissioner Regalado. Any discussion on the item? If not, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Commissioner Winton: Thank you. Chairman Sanchez: Motion carries unanimously. Discussion on Item D2. 1 resulted in the resolution below: (D2.1) 05-00700a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING AN EXEMPTION FROM THE PROHIBITIONS AND RESTRICTIONS CONTAINED IN SECTIONS 36-4(A) AND 36-5 (A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS RELATED TO THE LEVEL AND HOURS OF NOISE RESULTING FROM SAVE DADE'S 10TH ANNUAL HALLOWEEN FUNDRAISER BEING HELD ON OCTOBER 29, 2005, AT LEGION PARK, WITH THE LOCATION AND TIME PERMITTED BY THE OFFICE OF FILM ARTS, CULTURE AND ENTERTAINMENT. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0491 D2.2 05-00710 DISCUSSION ITEM DISCUSSION REGARDING THE COCOANUT GROVE VILLAGE COUNCIL SEEKING COMMISSION APPROVAL FOR PLACEMENT OF ITS ELECTIONS ON THE CITY BALLOT FOR THE NOVEMBER 2005 ELECTION AT NO COST TO THE CITY OF MIAMI. 05-00710- Email.pdf DISCUSSED Chairman Sanchez: OK. Commissioner Winton, you have two more items on your blue page. Commissioner Winton: Cocoanut Grove Village Council. Someone -- I saw -- who was here? Yeah, Suzanne was here. Suzanne, are you around? We have a request to -- and I think the Clerk's going to have to chime in here also, but this is a request to place the Cocoanut Grove Village Council election ballots on the November -- City Of Miami November ballot, but I think there is a potential issue related to that that the City Clerk needs to chime in on. Priscilla A. Thompson (City Clerk): Yes. Commissioners, according to what's on our agenda, it says that they would be included on the ballot at no cost to the City, and what we have been advised by the Supervisor of Election is this: If there is not a citywide election, then there will be a cost involved. Right now, we do have citywide elections scheduled for Mayor, and we have -- Commissioner Winton: I can't hear you very well. Oh, OK, no wonder. City of Miami Page 42 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Ms. Thompson: Right now, we have a citywide election scheduled for Mayor, and we have districts elections, but not in District 2. Commissioner Winton: Oh. Ms. Thompson: That's the problem. If the Mayor goes unopposed, there would be no citywide issue on the ballot. That is our problem. Now, if there is a countywide election and no City election in that district, then there's still a cost, but a nominal cost, OK. Commissioner Winton: And I think the City Attorney just handed me something that fixes it. Suzanne, you're going to address that? Suzanne Peters:: Yes. Good morning. Suzanne Peters. Thank you, gentlemen, for giving me the time to come and talk about this. I have sent memos, and 1 hope that, you know, if you have any questions, please don't hesitate. I'm happy to explain the whole situation. Unfortunately, we may not have the race. As the Clerk explained, if there is not a citywide race, the polls won't be open in the Grove, and so there would be an additional cost, even though there are races in other -- in certain Commission districts, so that circumstance, we can't control right now, but what we've done is crafted the resolution so that the City is not obligated to put this race on the ballot unless the circumstances are such that there will be no additional cost to the City. Commissioner Winton: So that's -- yes, sir. Commissioner Regalado: I have an idea, Madam City Clerk We are going to have early voting regardless of if there isn't an election in Miami -Dade County, or if there isn't an election, or the Mayor's race, because we're having two citywide --1 mean, two districts election, so we are going to have early voting sites designed by Miami -Dade County Elections Department, because we must have early voting for the benefit of the people. One of those sites will be at City Hall, which is the site specially designated for early voting in the City of Miami by the Miami -Dade Elections Department. We could use the early voting site in the City Hall for the Cocoanut Grove Village election. Ms. Thompson: Commissioner Regalado, it's not a matter of site, but the ballot itself Commissioner Regalado: I understand that. I understand that. Once -- what we don't know if there's going to be a countywide election. It may be. It may not be. It looks as we're going to have it, but we won't know until middle of August. We won't know until September if there is a citywide election for the Mayor's race, but I would tell you that, if they're going to spend money doing their election, might as well spend money helping the City defray the potential costs that this would have, because this will be a site, and this -- for the Cocoanut Grove people, the best site to vote will be this one. You understand what I'm saying? Ms. Thompson: Sure. Commissioner Regalado: It -- the site is going to be here and open, regardless if there is -- and not a citywide election, because we need to have early voting for two districts, so it's just a matter of the pages in the machine. Ms. Thompson: And that's the dierence; site versus ballot, and if the City -- Commissioner Regalado: How much is it? Ms. Thompson: If I'm not mistaken -- City of Miami Page 43 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Ms. Peters: It's very expensive. Ms. Thompson: -- the Cocoanut Grove Village Council has been advised it'll be like $50, 000. I've not -- Commissioner Winton: How many? Chairman Sanchez: 50,000. Ms. Peters: It could be anywhere from 10 to $50, 000, and the -- I mean, that's the -- sort of the historical context is that since the Council was founded in the '90s, every time they've had their elections piggyback on the City ballot, and that's been the tradition, but the Council bore the cost of that, but when it was a punch card ballot, the cost was only 500 to $1,000, and they were able to come up with that through charging a qualification fee for candidates, but once we instituted the touch screen voting, which was -- I was in the last race that had the punch card ballots, so the next year, when I was the chairman trying to get the arrangements made, it turned out that with the touch screen, the costs are astronomical because you're amortizing the cost of the machinery; there's a cost of the computer programming for the ballot; you have to provide, you know, the multiple languages, and everything, so that's -- the County's advice is that it's very expensive, and we would pay like on a percentage basis of what the overall election cost is, and then looking at like how much registered voters were in our section. Ms. Thompson: And historically, if I might add, that remember, we went from citywide elections for Commissioners to district elections for Commissioners, and if my memory serves me right, this is the first time since we went to district elections that the Cocoanut Grove -- because you didn't do it in 2003; you requested, but the election didn't take place, so this is the first time, in my recollection, that you asked that this will go through on the district election. Commissioner Winton: No, because I've -- Ms. Peters: I don't think so. Commissioner Winton: -- passed this resolution here since I've been here before. Ms. Peters: Right. Ms. Thompson: Yes, you're right, in 2003, but it didn't go forth. Commissioner Winton: Oh. Commissioner Regalado: But -- Ms. Peters: Because the language in the resolution at that time -- I was here again -- in July, right before the August break, and in the resolution it said the Council to bear their own costs, and the Commission -- and the Elections Department said, because it said that, you're not an official City ballot question of the City, and you'll still have to pay, so there was no way to come back in time -- Commissioner Winton: Oh. Ms. Peters: -- to get that corrected before all of the deadlines that the County has, and then it turned out that that election was not contested; they had exactly the number of candidates for the number of seats, but you know, I've been trying to get this all worked out. My understanding had been, for the last couple of years, that as long as the City had any contested race, they paid a flat City of Miami Page 44 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 fee of about a half million dollars for the Elections Department to conduct their election, and so it didn't matter that it wasn't a citywide race; that they would generally piggyback -- if they were already paying to have any Commission race on the ballot, they would piggyback ballot questions because they were already paying for one, so why not, you know, get your money's worth. It was only last night that I was informed that no, we have to have a citywide or countywide race in order to piggyback on this at no additional cost. Commissioner Winton: Suzanne, are you all right with this new resolution? Ms. Peters: Yeah. Let me just make sure that this -- so that you can compare, but -- Commissioner Winton: Because I'm -- Ms. Peters: -- I just worked with -- Commissioner Winton: -- confused. Chairman Sanchez: This new resolution that is in front of us clearly states that if there's any cost to the City -- Ms. Peters: We will not be on the ballot. Chairman Sanchez: And I could support that. Ms. Peters: OK, so that's just -- I wanted to leave it vague. It says circumstances providing that there will be no cost to the Council, and no additional cost to the City, that way we've got some leeway. If we can figure out any way, through early voting or a countywide race or anything -- Commissioner Winton: Whatever it is. Ms. Peters: -- then -- Chairman Sanchez: All right. Ms. Peters: -- we can work with the County. Chairman Sanchez: Need a motion. Commissioner Winton: So moved. Chairman Sanchez: A11 right. There's a motion. Is there a second? Commissioner Regalado: Second. Chairman Sanchez: Yeah, there's a motion by Commissioner Winton, second by Commissioner Regalado. Any discussion on the item? If not, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Thank you very much. Discussion on Item D2.2 resulted in the resolution below: (D2.2) 05-00710a RESOLUTION City of Miami Page 45 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE REQUEST OF THE COCOANUT GROVE VILLAGE COUNCIL ("COUNCIL"), THAT THE MIAMI-DADE COUNTY ("COUNTY") SUPERVISOR OF ELECTIONS PLACE THE SLATE OF CANDIDATES FOR ELECTION AS MEMBERS TO THE COUNCIL, AT THE APPROPRIATE PRECINCT(S), ON THE NOVEMBER 1, 2005, CITY OF MIAMI ELECTION BALLOT, AS AN OFFICIAL CITY BALLOT QUESTION CONTINGENT UPON: 1) THE COUNCIL MEETING ALL CRITERIA SET FORTH BY THE SUPERVISOR OF ELECTIONS AND 2) CIRCUMSTANCES PROVIDING THAT THERE WILL BE NO COST TO THE COUNCIL AND NO ADDITIONAL COST TO THE CITY. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen Absent: 1 - Commissioner Gonzalez R-05-0488 D2.3 05-00733 DISCUSSION ITEM DISCUSSION CONCERNING RELOCATION OF THE NORTHEAST WOMAN'S CLUB BUILDING. 05-00733- Email.pdf MOTION A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Gonzalez and Commissioner Allen absent, to direct the administration to work with all parties involved to assist in finding funds for the cost of relocating the Northeast Women's Club and come back with a recommendation at the September 8, 2005 Commission Meeting. Chairman Sanchez: Commissioner Winton, I believe you have one more item. Commissioner Winton: One more item. Suzanne Peters: Thank you very much, gentlemen. Chairman Sanchez: You're welcome. Commissioner Winton: Thank you, Suzanne. This is discussion concerning the relocation of the Northeast Woman's Club building. I think -- Mary, are you still here? Yeah, because I -- why don't you come up, Mary, also. The -- if you all remember, during the extremely vigorous debate over Kubik, one of the requirements that we placed on the developer, because he was destroying -- a part of his assembled site included the original Northeast Women's Club building, that is a real gym, and we required two things: One, that the developer put up $75, 000 to help -- to move the building, that the community figure out where they wanted to put the building, and the community figured out 1 think that we're going to put the building at the front of Legion Park; is that not correct, Mary? Mary Fochrenbach: That's right. Commissioner Winton: And -- but the problem is that the cost associated with both the moving and setting it back up in Legion Park is estimated to be 300, 000, not 75,000. That's what I've heard, and so we're short. Is this an historic building? City of Miami Page 46 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Ms. Fochrenbach: It's by a historic architect in the town, Allen Bogen (phonetic), who did the Sterling on Miami Beach, is a very famous architect. Chairman Sanchez: Ma'am, ma'am, your name -- Commissioner Winton: Yeah, your name and address. Chairman Sanchez: -- and address, please. Ms. Fochrenbach: I'm Mary Fochrenbach. I live at 655 Northeast 55th Terrace, which is Morningside, the first historic district, and this adjoins the historic district -- Chairman Sanchez: Thank you so much. Ms. Fochrenbach: -- this area, Lemon -- Chairman Sanchez: We just want to make sure we keep the records well established. Thank you. Commissioner Winton: So, what we're trying to do is figure out -- and I'm going to ask the Manager to see if we can help figure out --1 don't care if it comes from my quality of life bond money, or whether we can use the historic preservation bond money, but we've -- you know, for the -- for another $225, 000, we get a -- what's a near -historic structure that becomes a part of Legion Park, and it can be a real community center for Legion Park, and we've got that god -awful NET (Neighborhood Enhancement Team) building up front there that is as awful as anything I've ever seen, and so you could probably get rid of that building. I mean, there's option here that I would like to look at so that we can make this happen, but time is of the essence. Mary, would you like to add anything here? Ms. Fochrenbach: Well, there are some people who think the existing building in Biscayne Park is very functional, which it might be. We think the same as you do, that it's the ugliest thing on Biscayne Boulevard. Commissioner Winton: Oh, it's terrible. Ms. Fochrenbach: And we think that there could be adaptive reuse, if the building was moved. If we can't use it for a NET Office, perhaps it could be used as a small historic building, because this is the area of Miami that really was the first area -- one of the first areas to be developed, Lemon City, so there's a whole lot of history there. We probably could do -- I haven't spoken to them, but maybe the Florida Historic Museum could do a little project in that area. This is the tendency in cities now, that if you go to New York, the Guggenheim has uptown and they also have downtown, so we're a historic area, and we don't want to lose this. Commissioner Winton: Right, and so I guess we need to direct staff to help us figure out what steps we can take to make this happen. Linda Haskins (Deputy City Manager/Chief Financial Officer): We'll be hap -- yeah, we'll be happy to work with them, and -- Commissioner Winton: Great. Ms. Haskins: -- we'll get with you. Chairman Sanchez: Johnny, why don't -- Commissioner Winton: Thank you. City of Miami Page 47 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Ms. Haskins: You -- Ms. Fochrenbach: Well, it's working for dollar bill, because it's always a very difficult one -- Chairman Sanchez: Could I make a recommendation? Ms. Fochrenbach: -- but we'll do all that we can -- Commissioner Winton: Yes, please. Ms. Fochrenbach: -- to help, too. 1 do -- Commissioner Winton: Yes. Ms. Fochrenbach: -- belong to the National Trust and to Dade Heritage Trust, and I think these are -- you know, we'll inform everybody and see if we can get everybody to help. Ms. Haskins: OK. Commissioner Winton: Great. Thank you, Mary. Ms. Fochrenbach: Thank you. Chairman Sanchez: Commissioner -- Mr. Chairman. Chairman Sanchez: Yes. Commissioner Winton, could I make a recommendation? Commissioner Winton: Absolutely. Chairman Sanchez: Putting this in a form of a motion, directing the City Administration to work with all parties involved to assist in the relocation of the women's club? Commissioner Winton: Absolutely. Chairman Sanchez: All right. Could you put that in a motion for him? All right. There's a motion -- Commissioner Winton: Second. Chairman Sanchez: -- by Commissioner Winton. Commissioner Winton: Oh, it's a motion by me. Commissioner Regalado: Second. Commissioner Winton: Yes. Chairman Sanchez: Second by Commissioner Regalado, and to come back within how many days? Commissioner Winton: Well, the -- time is of the essence because the developers are moving forward, so we've got some pressure on us to get this done, so I think that by the -- Commissioner Regalado: First meeting of September. Ciry of Miami Page 48 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Winton: -- first meeting in September -- Chairman Sanchez: All right. Commissioner Winton: -- we need the solution in place. Chairman Sanchez: On that motion, there's a time frame to be brought back to this Commission, with a recommendation of the City Manager, by the first meeting of September. Any further discussion on the item? If not, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 3/0. Chairman Sanchez: All right. Thank you. DISTRICT 3 CHAIRMAN JOE SANCHEZ D3.1 05-00741 DISCUSSION ITEM DISCUSSION CONCERNING THE VETERAN'S AFFORDABLE HOUSING TASK FORCE. 05-00741- Email.pdf MOTION A motion was made by Commissioner Allen, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, appointing David Marko, Anthony Williams, Colonel Lettie J. Bien, Raul Mas and Gary Reshefsky to the Veterans' Affordable Housing Task Force. Chairman Sanchez: OK. If I could have an opportunity to do my blue page, and then I want to try to get through most of the agenda. We're going to be out of here by 12:30, but I'm sure we could accomplish a lot. They're noncontroversial items. We'll go to the public, but at this time, I'm passing the gavel to the Vice Chair and would ask that he recognize me -- Vice Chairman Gonzalez: You're recognized -- Chairman Sanchez: -- to present my blue page. Vice Chairman Gonzalez: -- Mr. Chairman. Chairman Sanchez: Thank you, Mr. Vice Chairman. This item is pertaining to a discussion concerning the Veterans' Affordable Housing Task Force. As you know, a few months ago, a motion was passed to create the Chairman's Veterans' Affordable Housing Task Force. We're coming up on the fourth anniversary of September 11, when our nation, of course, suffered a horrible attack and was thrust to the world on terror. Our honorable, hardworking men and women of various branches of the Armed Forces have been on duty fighting terrorism ever since, and as you know, tens of thousands of Americans have sacrificed for their country in this war, and now they're starting to come back after serving either four years or reservist time. Of course, they're coming back -- and this is the first generation of these great Americans that are out there defending democracy, and some of them are coming back to the City of Miami, a new City of Miami Page 49 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 city, and I think that we need to do everything we can with all the issues of affordable housing and workforce housing to make sure that they do have an opportunity to come back, and the Chairman's Veterans' Affordable Housing Task Force is something similar to the Little Havana Advisory Board, and basically, they work together. Well, we put together a group offive individuals that could really make a difference here, and I want to make a motion to name five diverse people in this task force today, and one of them is David Marko. You allowed me the authority to create this task force, and I have come back with the names to share with you. David Marko is an attorney, local attorney, who lives in District 3, and is very involved in the community, and also, he's a very community -minded individual. He was here today. He's a brilliant young man who will be assisting us on this task force. Anthony Williams is the district director of the office of Congressman Kendrick Meek, who will also be serving on this. Kendrick and I were troopers together, and we have a good relationship. Colonel Lettie J. Bien, president of -- and CEO (Chief Executive Officer) of the Coral Gables Chamber of Commerce, and recent recipient of the bronze star medal after spending almost a year in Iraq, is coming back, and she's also a U.S. (United States) senior advisor consultant to the Iraqi ministry -- industry and minerals. We also have Raul Mas, a successful business individual in our community, and we have an individual that served as a staff member of Commissioner Winton, young man, very bright, an attorney, Gary Reshefsky. How do you pronounce it? Commissioner Winton: Reshefsky. Chairman Sanchez: Reshefsky, an attorney with experience in land use, who currently serves as director of Risk Management Services Summit Global Partners of Florida and U.S., and this is going to be the group that's going to be working with us, and I think we've put together a great group to make sure that when we have our soldiers coming back to our community, that we're able to assist them to be able to purchase a home and be a part of our community, and I think it's just -- this is a great initiative to really put together, and thank you for allowing me the opportunity to lead it, and I'm sure that this is something that, at the end, all of us could be very proud of so thank you so much, and I would just like to make a motion to appoint those five individuals to that -- the Chairman's Veterans' Affordable Housing Task Force. So moved. Commissioner Allen: I sec -- Vice Chairman Gonzalez: Motion to approve. Commissioner Allen: Yeah. I second the motion, Mr. Chairman. Vice Chairman Gonzalez: And we have a second. All in favor -- Commissioner Winton: Second. Vice Chairman Gonzalez: -- say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: All opposed? Motion carries. Chairman Sanchez: All right. We come -- Commissioner Winton: Now, this is part of the Model City -- Chairman Sanchez: No. Commissioner Allen: Oh, I'd love that. Ciry of Miami Page 50 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Winton: -- Little Havana -- Chairman Sanchez: Right. We didn't want to create -- Commissioner Winton: -- Homeowners Trust. Chairman Sanchez: -- another board, so basically, this group of individuals -- task force is going to address the issue of veterans coming back, and we're going to assist them, and then what we'll do is we'll put them through the process of Little Havana Homeownership Advisory Board, and make sure that they receive priority -- Commissioner Winton: Oh, good. Chairman Sanchez: -- and they are assisted in buying properties in Little Havana, so it's one of my initiatives -- Commissioner Winton: Great. Chairman Sanchez: -- as the Chair and the Commissioner for Little Havana. Commissioner Winton: Outstanding. Chairman Sanchez: All right. Vice Chairman Gonzalez: All right. Chairman Sanchez: Thank you so much. We'll try to get some of these items out of the way. We could work through them. They're noncontroversial. DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 05-00716 DISCUSSION ITEM DISCUSSION CONCERNING THE CUBAN MUSEUM WITHIN THE CITY OF MIAMI. 05-00716- Memo.pdf 05-00716- Background Information.pdf 05-00716-Letter.pdf MOTION A motion was made by Commissioner Regaldo, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Winton absent, to direct the administration to work with the Cuban Museum Trust to proceed with plans to lease some space to the Cuban Museum at Robert King High - Carlos Arboleya Park, and come back with a report at the next Commission Meeting in September. Chairman Sanchez: We move -- I will -- you know, as the Chair, I -- I'm always last, so at this time, I'll pass my item, and turn it over to Commissioner Regalado, which is a discussion pertaining to the Cuban Museum. Commissioner Regalado: Thank you very much, Mr. Chairman. The Cuban Museum has been a group that has been active in Miami -Dade County and the City of Miami for many, many years. Their goal and their mission is to keep the heritage of the Cuban community. Whether City of Miami Page 51 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 you like the Cubans or don't like the Cubans, the fact of the matter is that the Cubans have left a mark in South Florida and in the City of Miami. The Cuban Museum had a site many years ago, as a matter of fact, given by the City of Miami, and after several events, the site was closed. Recently, the Miami -Dade County Commission placed within the GOB (General Obligation Bonds) bonds, a $10 million allocation for the Cuban Museum. As we all know, the bond issue was approved by the voters of Miami -Dade County in the year 2004. There were $257 million for the museums in Bicentennial Park. There were, I believe, several million dollars for the museum in Virginia Key Beach Park that -- as a matter of fact, next Monday, there's going to be a ceremony to unveil the plans of the museum that will be located at Virginia Key, a property that the City of Miami gave to the Trust forever to keep the heritage of the Afro-American community, and by the way, 1 have to say that it was the issue that Commissioner Arthur Teele brought to this dais and worked so hard for it, so his legacy will be there. This Commission also, several years ago, did something that turn out to be great, and it is the Children's Museum. In one of the most beautiful places of the City of Miami, Watson Island, the City gave the land to the children museum, and now the Children's Museum is one of crown jewels of the City. The Miami -Dade County Commission just award the Cuban Museum Trust $2 million of the $10 million that were approved to build a museum. They also were told that if they have the plans in place by October, November, or December, they will get -- they would release another $2 million, and the rest of the money. Recently, the Museum Trust came to the City of Miami; they met with the Mayor; they met with the City Manager, and since they have already looked at the site, they met with me, as the area Commissioner of the Robert King High Park Carlos Arboleya Playground, and we have gone through the plans. We have worked with the Administration. The Mayor is supporting this, the City Manager is also supporting this, and my proposal this morning is to approve the concept of this park, and have the Administration work with the Cuban Museum Trust to start the planning of the Cuban Museum, a 19,000 square feet, a small building, a building that will be built, at no cost at all to the City of Miami, in Robert King High Carlos Arboleya Park in Flagler and 70th Avenue. I will tell you that we did a survey with the area residents. That area of Flagami is 98 percent Hispanic, 94 percent Cuban, and the residents were very, very happy to have this facility. The proposal of the Cuban Museum is to have not only the museum component, but also areas where children [sic] of the parks of Miami will receive lessons in Cuban heritage, Cuban history, and it would be the same deal that we have with the Children's Museum. Of course, City of Miami residents will have precedence in terms of payment, in terms of attention at the Cuban Museum. I think that this is a great opportunity. I think that now that the County has released the money, they can start building, and soon we can have a museum. We have here many people, all of them supporters and members of the Trust; Ofelia Tavares, who is the person that had been behind this plan forever, and many members of the community. We have the architect, and Father Jose Luis Menendez, another supporter, so Mr. Chairman, my motion is to direct the Administration to work with the Cuban Museum Trust to start the process of organizing the plans and the lease of the land with the Cuban Museum in Robert King High Carlos Arboleya Park. Chairman Sanchez: All right. Vice Chairman Gonzalez: Second. Commissioner Allen: Without fail -- Chairman Sanchez: There's a motion on the floor. Vice Chairman Gonzalez: Second the motion. Commissioner Allen: Second. Chairman Sanchez: Second by Vice Chairman Gonzalez. The item is under discussion. City of Miami Page 52 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Vice Chairman Gonzalez: 1 would like to -- Commissioner Regalado, I got a call from Mr. Carlos Arboleya a couple of days ago, and apparently, there is some problem with some development that is happening in the park -- Commissioner Regalado: Yes. Vice Chairman Gonzalez: -- where they're trying -- Commissioner Regalado: But this is -- let me explain. This is in the back. Vice Chairman Gonzalez: In the back, right. Commissioner Regalado: The City Administration is very lucky with parks. Every time that we have a plan, some people, of course, are concerned about, and what Mr. Arboleya was concerned about -- and mind you, Carlos Arboleya was able to bring from the State of Florida to the City of Miami for the Robert King High Carlos Arboleya Campground more than $1 million in funds from the State of Florida, millions -- $1 million that came to the City. Mr. Arboleya had some concerns on tree removal and the soccer field -- Commissioner Winton: And parking. Commissioner Regalado: -- but that is -- huh? Commissioner Winton: And parking. Commissioner Regalado: And the parking. Oh, he talked to you, too, I guess? Commissioner Winton: Um -hum. Commissioner Regalado: Well -- and again, you know, we could have had a public hearing on this, but the Administration is working, and they have met with Carlos, and we are going to go on the site next week, and I think that we can solve it. However, this is way back What we're talking for the museum is fronting Flagler Street. Vice Chairman Gonzalez: No, I have no problem with the museum, and I understand what you're presenting, and that's why 1 second it, but I wanted to make the point that there is a concern with some palm trees being cut -- Commissioner Regalado: Absolutely. Vice Chairman Gonzalez: -- on the back of the park, and that need to be addressed He requested that he could meet with the Administration and also with the consultant -- Commissioner Regalado: Well, he has met with the Administration, and -- Vice Chairman Gonzalez: -- to work out some solutions. Commissioner Regalado: -- we're going there next week on site. We will be visiting the park with everybody, and Carlos himself, to look at all the site. I think he -- I think the Administration has some valid issues. I think that Carlos has many valid issues in terms of the parking lot, and the soccer field, and all that, so -- but this is a separate issue. Alicia Cuervo Schreiber: Commissioner, Alicia Cuervo Schreiber, chief of Operations. As you know, we have been coordinating the project as it relates to some ball fields; that we were going to put in bathrooms and parking; that we are stopping that to revisit the impacts that the museum City of Miami Page 53 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 may have. We're also exploring any deed restrictions that might prohibit elements that the museum may have or not; that we need to review the deed on the property, so all those things will come back to the Commission. We are meeting out in the field to see if there's any impacts that we may need to relocate a tree. There was some beautiful royal palms that are on the property. Commissioner Regalado: Right, so my motion is to start the process -- Chairman Sanchez: There's a motion already on the floor. Commissioner Regalado: -- and come back -- Commissioner Allen: Second. Commissioner Regalado: -- with a report in the, if possible, next meeting in September, because there is this time situation the County will be releasing several million dollars to the Cuban Museum Trust, if they do have the commitment for a site, and you know, imagine, it is the same scenario than the Children's Museum. Imagine to have a new, a small, of course, museum paid by not the City of Miami, and the City of Miami is not putting a cent, and City residents will get all the benefits as residents of the City, in terms of payment, tickets, events, et cetera, et cetera. Chairman Sanchez: All right. Let me just elaborate. Commissioner Regalado, let me praise you and the Cuban Museum staff for your efforts to find a home for the priceless collection of art and the heritage that we have all worked so hard to find a place where it belongs in the City of Miami. We, not long ago, in our district -- and we wanted to work with all those that wanted to come into Little Havana and put together a museum really in the heart of Little Havana, but as you know, location and properties are very liminal, but we came up with a proposal to have the Cuban Museum, and Museo de Transito, and the Brigada 2506 come together and find a solution to one piece of property that we had on 27th Avenue and 3rd, and for whatever reason - - we worked with Asset Management, but for whatever reason, it wasn't able to work out, and I am glad to see that finally now the Cuban Museum will have a place in the City of Miami and in a beautiful park, so let me, once again, praise you for your efforts, and the Museum staff, and the City for working together to try to find a home for the Cuban Museum. Having said that, there's a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries -- Commissioner Regalado: Thank you. Chairman Sanchez: -- 4/0. Thank you. Commissioner Regalado: Thank you, Mr. Chairman. Chairman Sanchez: OK, and we go to Commissioner Allen. Commissioner Allen: Yes, sir, Mr. Chairman. Thank you. Ofelia Tabares-Fernandez: This was also a personal appearance, and I want to ask you to please allow the members of the board of directors, who are here today, as Reverend Father Jose Luis Menendez, Alfredo Shapiro -- Chairman Sanchez: Ofelia. City of Miami Page 54 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Ms. Tabares-Fernandez: -- to please join me in thanking you all for the approval of this resolution. I believe that if we have $10 million, and the Cuban Museum belong to the City of Miami, I want to request everyone that is here today for this appearance to please join me in thanking you all for this approval of a resolution. I expected Mr. Carlos Arboleya to be here, and he was supposed, and I understood he was going to be here. Be absolutely sure all of -- Commissioner Regalado: But he supports, fully supports the museum, but he's -- Ms. Tabares-Fernandez: Exactly, but -- Commissioner Regalado: -- not well today. Ms. Tabares-Fernandez: -- he has been, and you all has to been absolutely sure that we will never do absolutely anything to harm the Carlos Arboleya picnic area, which is completely separated from the rest of the park. We believe that the museum in the park venue is an attraction (UNINTELLIGIBLE) and also as a Cuban exile victim of freedom for this community, and we are very pleased, and we thank you -- all of you. I understand that Mr. -- Ms. Martha Carballo, which is the treasurer, is also here, and remember, we are going to add $10 million to a park, to a place in our city to preserve and share the Cuban heritage, culture, and freedom, and freedom, which we were the first one to arrive to this land looking for that. Thank you very much again. Chairman Sanchez: Thank you. Ms. Tabares-Fernandez: And here are with me all the members of different boards, particularly the Amigos Committee. Chairman Sanchez: Thank you so much. Ms. Tabares-Fernandez: Thank you. Chairman Sanchez: God bless you. Thank you and congratulations. DISTRICT 5 COMMISSIONER JEFFERY L. ALLEN D5.1 05-00681 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 12.5/ARTICLE I/ENTITLED "COMMUNITY REVITALIZATION DISTRICTS," DIVISION 2, ENTITLED "MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") BY SETTING FORTH PROCEDURES FOR APPOINTMENT OF BOARD MEMBERS PROVISIONS OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 05-00681 - Legislation.pdf WITHDRAWN Chairman Sanchez: All right. Let's go with D5.1. Commissioner Allen: So, do that -- yes. City of Miami Page 55 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Chairman Sanchez: You want to do that one first? Commissioner Allen.: Yes. Chairman Sanchez: OK. Commissioner Allen: and Mr. Chairman, if I may, I must rise with respect to this particular issue concerning D5.1, and that's largely because it's only fitting, as you know, the late Commissioner Teele passed away last night, but I want to say particularly, because what we're about to discuss today is the brainchild of Commissioner Teele, and so to that end, I am very proud and happy to bring this issue before the full Commission, and to that end, if you will, could you please have before you the amended resolution, emergency resolution -- Commissioner Winton: It's an ordinance. Chairman Sanchez: What? Commissioner Allen: And again, this deals with the issue of an emergency ordinance. It's a resolution of the Miami City Commission -- and 1 do believe, Mr. Chairman, there may perhaps be individuals to speak on the additional discussion item relative to the Model City Trust, but for the sake of this particular resolution, I will continue reading it, and it reads as follows. This is a resolution of the Miami City Commission, or by a four- fifths affirmative vote, after public hearing, pursuant to Section 2-614 of the Code of the City of Miami, Florida, as amended, waiving the conflict of interest provisions contained in Section 2-612 of the City Code that may be applicable to David Wilson, Victor Sejas, and John Dixon in the conveyance of certain city -owned properties to their companies for the construction of affordable housing in District 5. You may recall, this was a tremendous market opportunity for my district to go forth with the type of development that we need, so to that end, I'm going to ask my fellow Commissioners to join me in supporting this resolution. Vice Chairman Gonzalez: Mr. Chairman. Chairman Sanchez: All right. Wait, wait. Wait a minute. This resolution that I'm reading, this is not part of your five items, right? Vice Chairman Gonzalez: Yes, it is. Commissioner Allen: Yes. Chairman Sanchez: It is? Commissioner Allen: This is -- Vice Chairman Gonzalez: D5. 1. Commissioner Allen: -- D5.1. Again, this is the substituted item for D5. 1. Chairman Sanchez: So this is a substitution item for D5.1? Commissioner Allen: Right. The -- that's correct, but it -- Chairman Sanchez: OK. Commissioner Allen: -- pretty much spells out, originally -- and I don't know -- City of Miami Page 56 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Chairman Sanchez: All right. Commissioner Allen: -- if the City Attorney needs to opine on this in any way. Chairman Sanchez: Commissioner Allen, let's maintain order here. Commissioner Allen: Sure. Commissioner Winton: I'm totally confused. Chairman Sanchez: If you get a second for the purpose of discussion, we'll address the item. Commissioner Allen: Sure. Chairman Sanchez: You've made a motion. Is there a second for the purpose of discussion of the item? Commissioner Winton: Just so that I'm clear, because I'm totally confused, because what I thought I heard Commissioner -- Chairman Sanchez: This is a substitute item to the item -- Vice Chairman Gonzalez: Mr. Chairman -- Chairman Sanchez: -- on the agenda, completely. Commissioner Winton: OK, because what's in front of us is an ordinance. Chairman Sanchez: Right. Commissioner Winton: What he's talking about is a resolution. Commissioner Allen: No. I'm sorry, I stand corrected, Mr. -- Commissioner Winton. In fact, it is an ordinance, an emergency ordinance, is that correct? Yes, that's correct. Commissioner Winton: But D5.1 -- Jorge L. Fernandez (City Attorney): Well -- Vice Chairman Gonzalez: Mr. Chairman. Commissioner Winton: -- in my book is talking about board appointments to the Model City Trust. Commissioner Allen. No, no. Commissioner Winton: I mean, that's what 1 have in front of me. Commissioner Allen: I know, and Commissioner Winton, if I may, again -- Mr. Chairman, with your indulgence. Chairman Sanchez: Yes. Commissioner Allen: Again, there is a substituted emergency ordinance for the original City of Miami Page 57 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 emergency ordinance, striking the issue of the board appointments. This resolution will only largely deal with the respective waivers of conflict with respect to the development going forth in my district. Chairman Sanchez: OK. Commissioner Allen: So -- Commissioner Winton: I'll second the motion. Vice Chairman Gonzalez: Mr. Chairman. Chairman Sanchez: OK. Wait a minute. Wait, wait, wait, wait. Vice Chairman Gonzalez: Before we -- Chairman Sanchez: Now, there's a purpose -- Vice Chairman Gonzalez: -- even have a second, we have a problem with this resolution, as presented Commissioner Winton: But we can talk about it. Chairman Sanchez: But we could discuss it. What's -- your -- there's a -- Commissioner Winton: Yeah. Chairman Sanchez: -- motion and a second. You have the floor for discussion now addressing the problem with the resolution. Vice Chairman Gonzalez: The resolution or the ordinance, whatever it is, as presented, OK, it doesn't reflect true facts. This resolution or this ordinance, whatever way you want to call it, says that Victor Sejas is part of the construction team of the Model City Homeship [sic] Zone, and that is not correct, that is not true. Mr. Victor Sejas doesn't have anything to do with the Model City Homeownership Zone. Mr. Victor Sejas doesn't have a contract with them. Mr. Victor Sejas is not participating in this project. Mr. Victor Sejas was not part of this organization; is not and will not be. Commissioner Winton: Could --1 don't have a -- Commissioner Allen: OK. If -- Commissioner Winton: -- copy of the ordinance. Vice Chairman Gonzalez: And that is my statement in reference to this item. Commissioner Winton: Could I get a copy of the ordinance -- Commissioner Allen: OK. Commissioner Winton: -- so 1 can -- Commissioner Allen: If I could, can I have Madam Marva Wiley, she opine on this? Commissioner Winton: Well, but before we go any further, I need a copy of the ordinance. City of Miami Page 58 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Chairman Sanchez: All right. Listen, we're not even -- this requires a four -fifth. We don't have a four -fifth. Commissioner Winton: Oh. Do we have a copy of the ordinance? Chairman Sanchez: I'll wait for another Commissioner to get here. Commissioner ,Allen: Right. If I may -- Mr. Chairman, if I may. Mr. City Attorney, does -- with respect to the four -fifth requirement, does that necessarily means you have to have five sitting Commissioners -- Chairman Sanchez: Yes. Commissioner Allen: -- or can you have a plurality of three and that would constitute a super majority vote -- Chairman Sanchez: No. Mr. Fernandez: No. When -- Commissioner Allen: -- consistent with -- yeah. Mr. Fernandez: It specifically calls for -- Chairman Sanchez: Four -fifth. Mr. Fernandez: -- a four -fifth vote, and that means that four of the five Commissioners need to vote for it, because otherwise, very specifically, referred to the number four -fifth. It does not call for a super majority; it calls -- Chairman Sanchez: Commissioner Allen -- Mr. Fernandez: -- for a four -fifth vote. Chairman Sanchez: -- can I try to work with you on this? Commissioner Allen: Sure. Chairman Sanchez: Let's go to another item; wait until another -- Commissioner Allen: Yeah. Chairman Sanchez: -- Commissioner gets here, we'll bring it back. Commissioner Allen: Yeah. I appreciate it very much. Chairman Sanchez: All right, so -- Commissioner Allen: All right. Commissioner Winton: And then I have a suggestion -- suggestive mod f cation that may satisfy Commissioner Allen: Right, exactly. City of Miami Page 59 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Winton: -- Commissioner Gonzalez. Chairman Sanchez: But wait a minute. Listen, let's try to stay -- maintain order here. OK, we don't have a four -fifth. We'll go to another item. When we get another Commissioner, we'll come back to this item. Commissioner Allen: Right. "[Later...1 " Commissioner Allen: And lastly, Mr. Chairman, with respect to D5.1, 1 would like to -- respectfully to -- Commissioner Winton: I thought we did D5.1. Commissioner Allen: -- postpone till this afternoon -- Chairman Sanchez: All right. The item -- Commissioner Allen: -- beyond lunch. Chairman Sanchez: -- has been tabled till this afternoon. Commissioner Allen: Tabled. Commissioner Winton: I thought we did D5.1. Chairman Sanchez: Listen -- Commissioner Allen.: Well, we didn't. We're going to table it, if you will. Chairman Sanchez: We didn't have -- Commissioner Winton: Oh, I see. Chairman Sanchez: -- a four -fifths vote. Commissioner Winton: That's right, we didn't, did we? Commissioner Allen: Yes. Chairman Sanchez: OK. Barbara. Commissioner Winton: That's right. I'm sorry. You're -- that's right. We brought it up -- Commissioner Allen: Right. Commissioner Winton: -- but didn't get an answer. "[Later...1 " Chairman Sanchez: Commissioner Allen, we have one of your items. You want to bring that up now? City of Miami Page 60 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Allen: Yes, sir. Could we momentarily, if we could, please -- Priscilla A. Thompson (City Clerk): We can't hear you. Commissioner Allen: I'm sorry. Could you just give me, if you will, maybe -- Chairman Sanchez: All right. Commissioner Allen: -- a minute or two. Note for the Record: Although unrelated, discussion on Item D5.1 resulted in the resolution below: (D5.1) 05-00776 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER PUBLIC HEARING, PURSUANT TO SECTION 2-614 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CITY CODE, THAT MAY BE APPLICABLE TO DAVID WILSON AND JOHN DIXON AND THE CONSTRUCTION OF AFFORDABLE HOUSING IN DISTRICT 5. Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0494 D5.2 05-00690 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III/SECTION 18-89, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/ CITY OF MIAMI PROCUREMENT ORDINANCE/CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS," BY SETTING FORTH THE BASIS FOR WHICH EMERGENCY FINDINGS MAY BE MADE BY THE CITY COMMISSION FOR THE PROCUREMENT OF GOODS OR SERVICES IN EXCESS OF $25,000; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 05-00690- Legislation.pdf WITHDRAWN Chairman Sanchez: All right. Commissioner Allen, we'll go ahead and start with your items. Commissioner Allen: Yes, sir, Mr. Chairman. Chairman Sanchez: You have -- how many items -- are you pulling any of your items? Commissioner Allen: Frankly -- yes, Mr. Chairman. If you will, just a few housekeeping measures. I have currently five items. We will be pulling D5.2, which has been worked out with Glenn Marcos, and it is agreed that they would have a meeting shortly, and within, I believe, three days, whatever memorandum of understanding there will be available for the first City of Miami Page 61 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commission meeting in September, so thus, we're pulling D5.2. Chairman Sanchez: All right, D5.2, for the record, has been pulled. D5.3 05-00691 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING THE INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF MIAMI AND THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST ("MODEL CITY TRUST") TO: (1) ALLOW THE MODEL CITY TRUST TO ACQUIRE PROPERTY IN THE NAME OF THE MODEL CITY TRUST; AND (2) DIRECT THE CITY MANAGER TO EXECUTE A RELEASE OF REVERTER FOR THE DEED PROVISIONS THAT EXCEED THE REQUIREMENTS OF THE FUNDING SOURCE FOR THE ELEVEN (11) CITY -OWNED PROPERTIES TRANSFERRED TO THE MODEL CITY TRUST IN FEBRUARY, 2005. 05-00691- Legislation.pdf Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Allen Absent: 2 - Commissioner Gonzalez and Regalado R-05-0472 Commissioner Allen: And then, thirdly, Mr. Chairman, what's -- what I will do is make a few, if you will, amendments to the existing ordinance as it exists on the original agenda. What I mean by that is that there's a substituted amendment for D5.1, and there is -- D5.3 will be considered a discussion item, so to that end, if1 could, Mr. -- Chairman Sanchez: All right. Wait, wait, wait, wait, wait. D5.3 becomes now a discussion item? Commissioner Allen: That's correct, Mr. Chairman. Chairman Sanchez: All right. Commissioner Allen: D5.3 becomes a discussion item, so therefore, that leaves us with two discussion items and one emergency ordinance item, as it stands, so this should be very -- Chairman Sanchez: How about the update on the progress of the Wagner Creek renovation? Commissioner Allen: Yeah, that's going to be the discussion item -- Chairman Sanchez: OK. Commissioner Allen: -- so we will go forth with that. "[Later...] " Commissioner Allen: All right, having said that, if you will, let's now move to the additional discussion item with respect to the Model City Trust. Chairman Sanchez: And that's D5.3. City of Miami Page 62 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Allen: D5.3, that's correct, and this particular discussion item deals largely with the local agreement, and I do believe members of the Model City trust, as well as the Executive Director, will be here to speak to that end, and I'll turn the floor over to Madam Marva Wiley at this point. Marva Wiley (Executive Director, Model City Trust): OK Chairman Sanchez: Marva Wiley, you're recognized. Ms. Wiley: If I could take just an opportunity to respond to what Commissioner Gonzalez was noting. Commissioner Winton: I don't think that's the agenda item. Ms. Wiley: OK. Well, with regard to the item that's currently on the agenda, proposed as a discussion item, there are certain provisions in the quitclaim deeds that have been transferred to the Trust that include reverters; that one have passed. One is the commencement of construction by March 1; the second was the sale of properties to qualified buyers. We're asking that those reverters be released to allow for the transactions to close. There is also a reverter related to the qualified buyers, limiting the buyers to low- to moderate -income. While we recognize that some of the funding sources might require that, that is not the occasion for all of the funding sources, so the language that's before you proposes the release of reverters that exceed the requirements of the funding source. Things that are beyond what the funding source require, we're asking be released so that we can proceed with closing on those properties. Commissioner Winton: Closing on them in what way? Ms. Wiley: Selling them to buyers. We have buyers identified;; many of them are low- to moderate -income, fulfilling the Commission's -- Commissioner Winton: Are there buildings on these lots or are these just lots? Ms. Wiley: There were -- they were lots in the beginning. Some of them had houses. We've done four rehabs; we're working on two of those now. We would have completed two rehabs within the next two weeks. Another two rehabs we expect to resolved in a -- or completed within a next -- within a month of that, and then the single-family homes that have been constructed on the vacant lots are what we're seeking to transfer to qualified buyers. However, we have to refine what the definition of qualified buyers is, or establish -- Commissioner Winton: But Marva, you're saying that the seven other lots, you've got four rehabs that'll be completed in six weeks, and that leaves seven other lots, and are you saying that there are houses that are completed on those lots now? Ms. Wiley: They'll be completed within the next month or so. Commissioner Winton: Oh, they're -- OK. All -- Ms. Wiley: Right. Commissioner Winton: -- under construction. Ms. Wiley: Single fam -- those are single-family detached lots that are under construction. Commissioner Winton: Thank you. City of Miami Page 63 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Chairman Sanchez: All right. Linda Haskins (Deputy City Manager/Chief Financial Officer): The provision requiring a certain income level of the purchasers was a key provision for the City and communicated to the Model City Trust, and that is, we're trying to recoup, as much as possible, the amount of money that HUD (Department of Housing and Urban Development) has asked us to repay. We've asked that the houses be sold to qualified buyers so we could use certain funds to find these purchases, and what it sounds like to me is we're not selling to low- to moderate -income. Chairman Sanchez: But can you -- Commissioner Winton: Well, let's -- Chairman Sanchez: -- propose -- Ms. Haskins: That's going to endanger our funding source. Chairman Sanchez: Can you elaborate as to the proposed changes that are being asked here? How would they be a horrible idea? Ms. Haskins: I'm sorry? Chairman Sanchez: How would this -- the Administration needs to tell us, since your talking about -- Ms. Haskins: Right. Chairman Sanchez: -- repaying HUD, and you know, you need to tell us why this change is going to be detrimental or horrible to the City. Ms. Haskins: The City has no problem with leasing releasing -- reverse -- certain reverter provisions at closing that require construction to commence at a certain date; that's not a problem. We can close those -- Commissioner Winton: Well, construction's already -- I mean, construction's only -- Ms. Haskins: -- and it's already done, so you know, we don't really have to go through the process of releasing reverters one at a time; we could -- Chairman Sanchez: Right. Ms. Haskins: -- but the question is is part of this agreement was that the houses would be sold to people that had -- at certain income levels. Chairman Sanchez: Right. Ms. Haskins: So that funding sources could be used, OK, to help pay for portions of the house, or qualify the money that was spent by -- in the past, so we wouldn't have to pay all of it back That's part of the deal. That was part of the -- our strategy was -- OK, we pay back the money today, but we're going to do qualified expenditures in the future so that the money can come back into the project. What is happening with this, as I understand it, is it's not being sold to a qualified purchaser, and what -- and I can understand, in this situation -- how many houses is this? Ms. Wiley: There are about four houses that we're really looking at that we're targeting for City of Miami Page 64 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 teachers, people who are just beyond what we -- Chairman Sanchez: Are they qualified? Ms. Haskins: This is -- and this is for -- Ms. Wiley: They would not be -- Ms. Haskins: -- four of seven. Ms. Wiley: Four of eleven. 1 couldn't tell you right -- Ms. Haskins: Four of eleven. Ms. Wiley: Right. Ms. Haskins: Four -- I mean, I wouldn't want to get into a huge argument with the Trust for four out of eleven, but what 1 would ask is that we work with the Trust in the future so that we're all on the same page with income levels, how we're going to go about recouping, so it -- if it's only four of eleven and we really have -- are ready to complete construction, I would let this go forward, from the Administration's perspective, but then let's work with the Trust to make sure that we're all on the same page on these con -- on the construction costs, sales, and approach to recoup money from HUD. Commissioner Winton: And who the target audience is. Commissioner Allen: OK. Commissioner Winton: I would agree with that completely. Commissioner Allen: Right, OK, so Mr. Chairman, if I may, your indulgence. Chairman Sanchez: Yes, sir. Commissioner Allen: OK, just repeat again, if you will, Madam Wiley, what is your request, so I can capture that in the way of a motion? Ms. Wiley: The request was for a release of reverters that exceed the requirements of the funding source for the deeds that have already been transferred. Chairman Sanchez: And how many deeds have been transferred? Ms. Wiley: Eleven. Commissioner Allen: Eleven, OK, now, so to that end, is there another outstanding issue in terms of a time limitation, and/or -- could you expound on that? Is there anything outstanding relative to this, with respect to a timing? Commissioner Winton: Yes, because it -- but it was -- Commissioner Allen: Something has to be done in a timely fashion. Commissioner Winton: -- tied to reverter -- Commissioner Allen: Right. City of Miami Page 65 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Winton: -- and so if you release the reverters, then the time limitation goes away also. Commissioner Allen: Is that correct? Ms. Wiley: That's correct. Chairman Sanchez: Yes. Commissioner Allen: Right. OK. Fine. I make a motion, if you will, adopting what has been proffered by the Executive Director of the Model City Trust, and -- Commissioner Winton: Which is a release of the reverter -- Commissioner Allen: Exactly. Commissioner Winton: -- on the 11 lots specified in -- Jorge L. Fernandez (City Attorney): No -- Commissioner Winton: -- some -- Mr. Fernandez: -- not on 11, because in some of those elevens [sic], there are federal constraints that demand that the reverter be in place, so it is not on the 11; it is on 4 of the 11, is that correct? Commissioner Winton: Well, the request -- Commissioner Allen: Is that correct? Commissioner Winton: -- is for 11. Commissioner Allen: Wait. Ms. Wiley: Eleven to the extent that it exceeds funding sources, what we -- how we termed it, because the federal requirements that are coming with the funding source would still survive, based upon that motion, wouldn't it? Commissioner Winton: Well, I'm confused. Commissioner Allen: Yeah. Mr. -- Ms. Haskins: So we should -- the motion should be to only release those reverters that can be released by the City, but any that need to be -- that need to stay in place -- Commissioner Winton: Because offederal requirements. Ms. Haskins: -- based on current fundings -- based on funding sources will stay in place. Commissioner Allen: OK. Ms. Wiley: OK. Commissioner Allen: Mr. Chairman, if I may, I need to hear Madam Executive Director's reply City of Miami Page 66 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 to this. She says that "can." That's pretty nebulous to me. Can or can it not be done? I mean, let's iron this out right now. Let's get a memorandum of understanding, if we could, please. Ms. Wiley: What I'm hearing is that we're saying the same thing two different ways. Commissioner Allen: OK. Ms. Wiley: I termed it from an absolute exclusion standpoint; she termed it from the opposite standpoint, but I do believe we're at the same place. We'11 be -- Commissioner Allen: OK. Is that satisfactory to you? Ms. Wiley: Yes. Chairman Sanchez: The motion that has been put on the table by the Administration, is it satisfactory to you? Ms. Wiley: Yes. Chairman Sanchez: OK. Then the motion was made by Commissioner Allen -- Commissioner Winton: Seconded by me. Chairman Sanchez: -- and seconded by Commissioner Winton, and I don't think we need to discuss this item any further. We've discussed it, but before we discuss it, I would like to elaborate you two minutes, with all due respect. We have a long agenda today. Commissioner Allen: Yes, we do. Grady Muhamed: I don't need anything, Commissioners. Grady Muhamed, 1730 Biscayne Boulevard, Suite 201, Model City board member. We thank you all. Again, we look forward to working with the attorney, the Manager's office, and the Administration on a partnership for new Miami. Thank you for this. We intend on -- Commissioner Winton: Partnership. Mr. Muhamed: -- moving forward in a very expeditious manner, and we continue looking forward to working with the Administration, especially CD (Community Development), to build our community. Thank you very much. Chairman Sanchez: All right. No further 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 3/0. D5.4 05-00692 DISCUSSION ITEM DISCUSSION CONCERNING THE EXTENSION OF THE NATIONAL ROOFING/SOUTH FLORIDA, INC. CONTRACT FOR THE PROJECT ENTITLED "CITY HALL ROOF REPLACEMENT PROJECT, B-74201" SO THAT THE ROOF COVERING THE EAST SECTION OF THE CITY HALL BUILDING IS REPLACED (COMMISSIONER ALLEN 'S OFFICE) City of Miami Page 67 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 05-00692 - Email.pdf WITHDRAWN Chairman Sanchez: Any other item? Commissioner Allen: Secondly, we will be pulling D5.4, another issue that's been addressed with respect to contractor. Chairman Sanchez: Are we finally going to get our roofs fixed? Commissioner Allen: I hope so, Commissioner Sanchez. You share that same concern with me, as well. D5.5 05-00715 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE ON THE PROGRESS OF THE WAGNER CREEK RENOVATION (DREDGING) - PHASE IV, PROJECT. 05-00715- Email.pdf 05-00715-Submittal.pdf 05-00715-Submittal 2.pdf 05-00715-Submittal 3.pdf MOTION A motion was made by Commissioner Allen, seconded by Commissioner Winton, and was passed unanimously, with Vice Chairman Gonzalez and Commissioner Regalado absent, to direct the administration to include Wagner Creek in the Miami River Cleanup Project and further to meet with the Spring Garden Civic Association within 2 weeks to identtb, a ballpark cost associated with this and possible funding sources. Chairman Sanchez: We have one more item, which is D5.5. Commissioner Allen: That's correct, Mr. Chairman. This is an issue concerning -- discussion of mine concerning the update on the progress of the Wagner Creek renovation dredging, and if those individuals will please come forward regarding this issue. I believe that one or two individuals may want to speak. James Broton: Yes. Commissioner Allen: And the -- Mr. Broton: My name is -- Chairman Sanchez: All right. Mr. Broton: James Broton. Commissioner Allen: And this is -- right. Before you begin, let me just, if you will. As a way of the request and background, this is a portion of my district, which is characterized as the Seybold Canal, although some affectionately ectionately call it "Love Canal." It has been brought to my attention by the homeowners' association in Spring Garden that they were not included in the dredging of the entire Miami River. I have met with this group several times, and it is my understanding that perhaps we can work out an inclusion whereby the Seybold Canal is included in the overall dredging of the Miami River, and additionally, that there will be sufficient funds to underwrite the cost of this dredging, so to that end, I believe this will be a presentation. City of Miami Page 68 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Chairman Sanchez: We'll go to 12:30. Johnny -- Commissioner Allen: Yes. Chairman Sanchez: -- we're going to 12:30. Commissioner Allen: OK. Commissioner Winton: Going where at 12:30? Commissioner Allen: Yes. You may -- Chairman Sanchez: We're taking -- Commissioner Allen: -- go ahead. Chairman Sanchez: -- it to 12:30. Commissioner Allen: Proceed. Commissioner Winton: OK, that's fine. Mr. Broton: OK. My name is Jim Broton. I -- my address is 951 Northwest 10th Court, in Spring Garden. Chairman Sanchez: How long -- my dear friend, how long is your presentation going to take? Mr. Broton: Very, very brief. Chairman Sanchez: Very brief. Thank you. Mr. Broton: And after that, however, I have a three -minute statement from the president of Spring Garden Civic Association, which is here, so that's all. I'm reading from it. OK. My -- first, I'd like to speak as Spring Garden area historian. Historically, Wagner Creek branched off the Miami River at Northwest 5th Street and extended diagonally, traveling in a generally northwest direction to approximately 28th Street and 17th Avenue, and ending in the Allapattah Prairie. It is over 23 blocks long. Over the years, Wagner Creek has been redirected and channelized, especially in the 1950s, when Northwest 12th Avenue extended over it, and civic center buildings were constructed on the former golf -playing site. The Seybold Canal was made from Wagner Creek. It starts at Northwest 11 th Street and turns south, and runs parallel to Northwest 7th Avenue, before joining the Miami River. It is about six blocks long. John Seybold, developer of Spring Garden, made the Seybold Canal by deepening and straightening Wagner Creek between 1914 and 1917. Consequently, all the problems with contamination that exist in Wagner Creek also exist in the Seybold's canal. The Seybold Canal was dredged by Seybold to the depth of eight feet so yachts could safely anchor along its shore. Today, the depth of the canal, in most places, is approximately three feet, so there are about five feet of sediment in parts of the canal. To my knowledge, the canal has never been dredged, while much of the rest of Wagner Creek has previously been dredged or tunneled underground, so what could be in those five feet of sediment? There is evidence from the canal's past. By 1926, Theo Richardson, the first owner of the Hindu Temple, located at the head of the canal at Northwest 11 th Street, was complaining to the newspapers because the Seybold Canal had become an outlet for raw sewage from nearby residences. That was in 1926. Also, there were by-products of two ice plants and a laundry then that were killing the fish there. At the time, few other residences were built on the canal. By the 1930s, the sewage problem had lessened and had been replaced with a more serious problem. By that time, many people were building houses on the canal. A City City of Miami Page 69 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 incinerator at 12th Avenue and 20th Street started emptying its by-product, including those of waste from nearby Jackson Hospital, directly into Wagner Creek. Twice a day, at low tied, for the next 20 years or more, incinerator by-products were flowing down Wagner Creek, down the Seybold Canal, and into the Miami River. The Seybold Canal was made from Wagner Creek in 1917. It is Wagner Creek, and like Wagner Creek, it should be dredged. Now, I have a brief comment that I'd like to read from Jay Veber, president of the Spring Garden Civic Association. First -- Commissioner Allen: Thank you. Mr. Broton: -- on behalf of the Spring Garden neighborhood, I would like to express our condolences to the family of Arthur Teele. Commissioner Allen: Right. Thank you, and if I may, Mr. Chairman. Chairman Sanchez: Yes. Commissioner Allen: Could the members of the Spring Garden Association be mindful of the fact that we do have a long agenda, and so if you can curtail your comments, that would be greatly appreciated Chairman Sanchez: Yes, sir. Please state your name and address for the record. Mike Celagioli: Yeah. My name is Mike Celagioli, 843 Northwest -- Mr. Broton: I have a statement -- Mr. Celagioli: -- 7th Street -- Mr. Broton: -- from the Civic Association -- Mr. Celagioli: -- Road. Mr. Broton: -- that, at the end of that, I was going to request that no further members of the neighborhood speak. Chairman Sanchez: Excuse me? Commissioner Allen: Wait, wait. Mr. Broton: I have a statement from the Civic Association -- I wasn't finished, I guess is what I'm saying. Chairman Sanchez: But what did you say, that not to allow others to speak? Mr. Broton: And at the end of my statement -- Commissioner Winton: He was going (UNINTELLIGIBLE) speak. Mr. Broton: -- I was going to -- Chairman Sanchez: Oh, OK. Mr. Broton: -- make, at your discretion, whether more neighborhood input is needed. City of Miami Page 70 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Chairman Sanchez: OK, thank you. All right. Mr. Broton: So, could 1 finish Jay's statement, please? OK. Wagner Creek is one of, if not the most polluted bodies of water in Florida, and the Seybold Canal is part of Wagner Creek. Since at least 1983, the Seybold Canal and Wagner Creek have consistently been shown to have the highest levels of hazardous toxins of several -- Commissioner Allen: Mr. Chairman, if I may. With all due respect, because -- you are repeating a thing. Everyone's agreed that -- Chairman Sanchez: Jay, could you do me a favor? Commissioner Allen: Yeah. Chairman Sanchez: Give it to the Clerk, and give us a copy. Commissioner Allen: Right, because every -- Chairman Sanchez: How's that? Commissioner Allen: Everyone agrees that there is contamination, so that's a nonissue. What we're -- Mr. Broton: OK. Commissioner Allen: -- trying to achieve is an inclusion and a source of financing, just those two -- Mr. Broton: Thank you. Commissioner Allen: -- narrow issues. Chairman Sanchez: We're work -- Mr. Broton: I will give this to the Clerk, and have copies made for the Commission. Chairman Sanchez: Thank you so much. Commissioner Allen: OK. Certainly appreciate that. Chairman Sanchez: Yes, sir. Mr. Celagioli: How's it going today? Chairman Sanchez: Good. Mr. Celagioli: Mike Celagioli, 843 Northwest 7th Street Road. I actually live on the canal. We all know about everything that he stated earlier. I do want to say that what we're trying to do here is include the Seybold Canal in the dredging process. On June 21, 2003, there was a Commissioner meeting where this whole agenda was brought to the table. The late Commissioner Teele, if 1 may quote him here on page 12 of the minutes, states here -- I'm going to just break it right down -- The Wagner Creek, as it relates to the tributary that goes into the Miami River, that would be Wagner Creek and Seybold Canal speaking as one entity. Right there alone, throughout the rest of the minutes, Wagner Creek was granted the approval to be part of the Miami River dredging. Us, as residences of -- City of Miami Page 71 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Allen: Seybold. Mr. Celagioli: -- Spring Garden and the Seybold Canal sat back, and we were under the impression that the Seybold Canal was going to be part of this dredging. It wasn't until that we approached the Miami River Commission that -- and they informed us that the Seybold Canal was not part of the dredging, when, in fact, it was Commissioner Teele who did state that Wagner Creek and Seybold Canal was going to be labeled as one entity, so there should be no further discussion as to why Seybold Canal was not included. It should be included, and it was also granted to be included. Commissioner Allen.: OK. Thank you. Chairman Sanchez: Thank you so much. Mr. Celigioli: Thank you. Chairman Sanchez: All right. Let's -- please, if you would allow, I think two minutes is sufficient time. Ernie Martin: That's fine. I'm -- Chairman Sanchez: Thank you. Mr. Martin: -- Ernie Martin, but I'd like to read something from a resident, which I will also give -- Chairman Sanchez: Sure. Mr. Martin: -- to the Clerk. Chairman Sanchez: You're recognized, sir. Mr. Martin: The only thing I want to -- that he mentions in here that hasn't been mentioned before is that the Seybold Canal is also home to 30 to 40 small independent fishermen and marinas, and all that add revenue to our community. Boaters, many times, have to wait for the tied to move out or in because it -- at low tide, the ships hit bottom. It was once a beautiful waterway to live on, and this is from Rick Gritz, 945 Northwest 7th Street Road. I'll put it -- give it to the Clerk. Commissioner Allen: Yeah. Thank you, Ernie. David Chiverton: All right. David Chiverton, 946 Northwest 46th Street. Just want to put on the record that I've been a part of this process since the beginning. I know that, most recently, since it was determined that Wagner Creek had some contamination in it, that staff has been informed of the process, and not being able to dewater at the site, contaminating any further land, and I'm sure that that information was passed on, and there are businesses that are ready to dredge that area and actually avoid any more contamination with the -- within the community or any land. Commissioner Allen: Thank you. Mr. Chiverton: Thank you. Chairman Sanchez: Thank you. Ma'am. City of Miami Page 72 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Denise Perry: Yes. My name's Denise Perry, 212 Northeast 24th Street. I'm with Power U Center for Social Change, and we're taking the position that the Seybold Canal be included in this Wagner Creek dredging project, but that we make sure that we are mindful in the decision made about making sure that that happens safely and responsibly for the communities that are in that area. We know that the corrective action plan is still being reviewed to make sure that that can happen without letting this toxic waste dry in any community, et cetera. Chairman Sanchez: Thank you. Ms. Perry: Thank you. Commissioner Allen. Right. OK. If I may, Mr. -- Oh, I'm sorry. Chairman Sanchez: Yeah. Commissioner Winton: Oh, come on. Charles Hand: Charlie Hand, 743 Northwest 7th Street Road. I just wanted to state that at -- the timeliness of the issue of dredging Seybold Canal is of essence, since the dredging of the Miami River is taking place, and that the pollution and contaminants will continue to flow through the river and out to the bay until we clean that out. Chairman Sanchez: Thank you so much. Commissioner Allen: Right. Chairman Sanchez: All right. Commissioner Allen: Yes. Mr. Chairman, if I may. What I'm attempting here is -- and I will ask my fellow Commissioners to join in me establishing a motion that will be somewhat tantamount to a memorandum of understanding that clearly that the Seybold Canal section of the Wagner Creek be included in the clean-up of the Miami River system, and secondly, that the funding sources are immediately pursued to commit resources for this neglected portion of the river, and one of the many potential sources could possibly be the issuance of an impact fees on the development, on the development that's taking place along that river, because I understand there are 6,000 new units that are going to go on board there, and we respectfully request, if you will, an action plan, perhaps within 40 -- no more than 45 days, with hard and fast numbers, not just generic; I want specifics that one, that this portion of my district will be included in the clean-up; that we've identified various funding sources, and I've already discussed that with the Spring Garden Association. I do believe they have put together, pursuant to my discussion with them, levels offunding or sources offunding that they can clearly submit to the Administration, so I would ask for a motion directing the Administration to steadfastly adhere to this action plan that I've just enunciated. Alicia Cuervo Schreiber (Chief of Operations): Commissioner, Alicia Cuervo Schreiber. The City has created a project number to include this portion into the project. However, it is unfunded. Impact fees would not be able to fund this project because it is a maintenance element, and it can only fund capital. We have funding shortfalls as it relates to funding that we must provide as part of the Miami River dredging project, annually, as part of a resolution that was already passed, so it is a funding challenge, and we will continue to search for funding dollars as it relates to that. Chairman Sanchez: Well, he's asking -- City of Miami Page 73 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Allen: Well -- Chairman Sanchez: The motion is clear. The motion is clear that, in 45 days, the Administration needs to come back with some type offunding source to get this creek cleaned as quickly as possible. Commissioner Allen: Right, the dredging, and there are several things that we obviously will look at; I'm just throwing a few out there. Maybe look at the solid waste fee that we have on an annual basis. I mean, there are many avenues one can look at. Perhaps, Homeland Defense Bond, in some capacity; maybe there's some nexus there one could look at, so there are a lot of potential funding sources, but my point is, I want a hard and fast funding source for this district - - I mean, this particular homeowners association so they would know our source offunding, not just -- Commissioner Winton: Do we know the cost -- Commissioner Allen: -- generic. Commissioner Winton: -- by the way? Commissioner Allen: Pardon me? Commissioner Winton: Do we know the cost? Commissioner Allen: Well, their -- well, it's going to -- if you're looking at it from a regression analysis perspective -- Ms. Cuervo Schreiber: It's dependent on disposal. Commissioner Allen: -- Commissioner Winton -- Commissioner Winton: Regression analysis. Commissioner Allen: -- one can look at the previous portion, which is Wagner 3 and 4, there is a baseline cost there, and that arguably could be carried over, because you may have the similar sort of cubic dimensions relative to the Seybold Canal, so we do have a baseline figure in which to work with, and you might want to expound on that. Yes. Mary Conway: Mary Conway, Capital Improvements & Transportation. Regarding the costs, we don't have an exact figure now, and the reason that we don't an exact figure is that until -- Commissioner Winton: Well, I don't care about an exact figure. You got a ballpark figure? Ms. Conway: No, and the reason that we can't come up with a defined figure is, if you recall, back in December of last year, there was an item that was before the Commission to use a site that was along 7th Avenue; the Commission voted to disallow the use of that site. The final site that can be used for the temporary storage and dewatering of the contaminated dredge material, its proximity to Wagner Creek or Seybold Canal, the method that DERM (Department of Environmental Resources Management), as a regulatory agency, is finally going to permit; all of those factor into the costs. Right now, the CIP (Capital Improvement Projects) Office is looking at sites on Virginia Key for -- to use for the temporary storage and dewatering. The hauling of the material from the creek to that site increases the cost substantially. We've also reached out to several local vendors for them to propose sites, methods, and cost proposals so that we can entertain those. We expect to have those proposals, both of them, by the end of August, one of which is from the contractor who is actually performing the federal dredge work on the Miami City of Miami Page 74 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 River. The City would have to enter into a contract with a vendor individually, on our own, so I apologize, but there are too many factors at this point and too many unknowns. Commissioner Winton: So you're saying you don't even know -- Commissioner Allen: If they -- Ms. Conway: We do have monies funded, and we have already included a project for the Seybold Canal section, and we will be pursuing the funding to see that all of the Creek and Seybold Canal portions connecting up to the Miami River are dredged. Commissioner Allen: If I may, Commissioner, as we bring this to a close. Mary Conway, perhaps I should even further clari.b, the motion, and have the Spring Garden Association -- if Ernie can come forward, as well -- to perhaps meet with you as soon as possible, because the way you're presenting this, you're making it seem as if there are so many moving parts, that you can't get a handle on something, but based on my background, my finance background, I see there's a baseline in which one could look at. 1 mean, you're dredging a certain portion, phase 2, phase 4; that can serve as a baseline issue, and 1 was also advised by the Spring Garden, perhaps the issue of storing it may be a misnomer; that is to say that they may not be -- need to be stored; it can be transported immediately to another area and the other variables that you're speaking of I think right now, it's -- it wouldn't be -- it would be rather disingenuous on your part, and that's saying this respectfully, to give, if you will, a scientific type of testimony here. That's something I think that you need to sit down with the Spring Garden Association, with the respected people who have the technical knowledge in that area, so we won't get here and just give generic talk to these individuals who have been coming to my office repeatedly, so to that end, in furtherance of -- Commissioner Winton: Well -- Commissioner Allen: -- that motion, 1 would respectfully request the Administration to immediately sit down with the Spring Garden Association, and the Spring Garden associates will have their technical individuals with them, because I do believe there was an attempt by the Spring Garden to reach out to the Army Corps of Engineer, and there's also a company that's currently dredging the area that's in place, so that lowers the baseline cost there, and again, just to reiterate, there may be a situation where there may not be an opportunity where it has to be storaged [sic]. Those issues, I'm not an expert in that area. These things have been conveyed to me, as well as have been conveyed to your office, so to that end, I respectfully request, maybe by -- oh, maybe within two weeks, that you sit -- that the Administration sits down with Spring Garden Association and hammer this out. Ms. Conway: We'll be happy -- Commissioner Winton: Well -- Ms. Conway.: -- to sit down with them and explain everything that's underway to date. Chairman Sanchez: All right. There's a motion on the floor. There was a second -- Commissioner Winton: Well -- Chairman Sanchez: -- by Commissioner Winton. Commissioner Winton: I didn't make a second -- Chairman Sanchez: All right. City of Miami Page 75 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Winton: -- so -- but I would make a second to a modified motion, because your motion directs staff to find the funding, which, then, is a motion that makes a commitment. I don't have any idea what the cost is, and I can't support a motion to spend money that I have no idea what the cost is. 1 would support a motion that directs staff to do all the things you asked them to do, because I think it's appropriate. I think we have a huge problem here that we want to address, but I would support a motion that directs the staff, in a short time frame -- Commissioner Allen: Yes. Commissioner Winton: -- to do everything that you're asking for, meeting with the neighborhood, looking for alternatives, and including trying to identib, as best they can -- Chairman Sanchez: Funding source. Commissioner Winton: -- the ballpark cost associated with this, and that motion, I would support, and once that happens, they can come back and we can talk about -- they can also be looking for funding sources -- Commissioner Allen: Exactly, yeah. Commissioner Winton: -- but I'm not -- Commissioner Allen: And respectfully, Commissioner Winton, and with your indulgence, Mr. Chairman, that's what I thought was rather explicit and/or implicit in my motion. I mean, obviously, I didn't say there's a base -- I said there is a baseline cost as a starting point, and so pursuant to these meetings, they can figure out or factor out the cost. Therefore, with that factorization of the cost, you now can identify a funding source in which to underwrite this. Commissioner Winton: Well, maybe -- Commissioner Allen: So that's my point. Commissioner Winton: -- yes and maybe no. I don't know the answer to that yet, because I have no idea what the cost is. If the cost is $20 million, you know, then there's a big challenge. If the cost is $2 million, there's not much challenge. Commissioner Allen: I agree. Well, just as a -- just for purpose of this discussion, I do know that phase 4 was about 2.5 million or 3 million at the most, so as I said, as a comparison basis, you have a little -- a baseline in which to work from, so again, just to reiterate, I accept your amendment to the motion, Commissioner Winton -- Commissioner Winton: So 1 second. Commissioner Allen: -- and again -- Chairman Sanchez: All right. Commissioner Allen: -- I hope it is implicit and/or explicit in that motion that they will sit down and try to figure out a ballpark number and identify that funding source. Chairman Sanchez: So now we have on the floor an amended motion that has a motion and a second. Any further discussion on the item? If not, all in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 76 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Commissioner Allen: Right. City of Miami Page 77 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 PUBLIC HEARINGS PH.1 05-00600 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "RIVER FRONT -WEST," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 05-00600- Legislation.pdf 05-00600- Exhibit 1.pdf 05-00600- Exhibit 2.pdf 05-00600- Exhibit 3.pdf 05-00600- Exhibit 4.pdf 05-00600- Exhibit 5.pdf 05-00600- Summary Form.pdf 05-00600- Public Notice Memo.pdf 05-00600- Public Notice AD.pdf 05-00600- Public Works Memo.pdf 05-00600- Public Works AD.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0483 Chairman Sanchez: Let's go to the public hearing. The first public hearing is PH.1. It's accepting the proposal plat River Front -West plat. Commissioner Winton: So moved. Chairman Sanchez: All right. There's a motion. Is there a second? Vice Chairman Gonzalez: Second. Chairman Sanchez: There's a second. It is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, for the record, and coming back to the Commission. Any discussion on this item? If not, it is a resolution. Mr. City Attorney, read the resolution into the record, followed by a roll call by the Clerk. Commissioner Winton: Why does he read the res -- he doesn't -- Jorge L. Fernandez (City Attorney): It's not necessary to read the resolution into the record. City of Miami Page 78 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Winton: You don't read the resolution into the record; that's only an ordinance. Mr. Fernandez.: We only do ordinances. You don't want me to read resos (resolutions). Chairman Sanchez: Oh, I'm sorry. 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. I just have to find my way here. PH.2 05-00684 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED " RIVER FRONT -EAST," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 05-00684-Leg i s lation. pdf 05-00684-Exhibit 1.pdf 05-00684-Exhibit 2.pdf 05-00684-Exhibit 3.pdf 05-00684-Exhibit 4.pdf 05-00684-Exhibit 5.pdf 05-00684-Summary Form.pdf 05-00684-Public Notice Memo.pdf 05-00684-Public Notice Ad.pdf 05-00684-Public Works Memo.pdf 05-00684-Public Works Ad.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0479 Chairman Sanchez: All right. We go to PH.2. Commissioner Winton: Well, that's another -- that -- Linda Haskins (Deputy City Manager/Chief Financial Officer): Yes, it's the same. Commissioner Winton: So moved. Vice Chairman Gonzalez: Second. Chairman Sanchez: All right. PH.2, there's a motion. It's a resolution. There's a motion by City of Miami Page 79 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Winton, second by Vice Chairman Gonzalez. At this time, it is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission for any further discussion. Hearing no discussion on the item, 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. PH.3 05-00687 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED " BAYONNE BAYSIDE SUBDIVISION," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 05-00687- Legislation.pdf 05-00687- Exhibit 1.pdf 05-00687- Exhibit 2.pdf 05-00687- Summary Form.pdf 05-00687- legal description.pdf 05-00687- Public Notice Memo.pdf 05-00687- Public Notice Ad.pdf 05-00687- Public Works Memo.pdf 05-00687- Public Works Ad.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0493 Chairman Sanchez: Madam Clerk, we go to PH.3, which is also a resolution. Jorge L. Fernandez (City Attorney): Mr. Chairman, on PH.3, there is a request on the part of the applicant that we would agree with, that you defer this item until this afternoon, and at that time, if we're satisfied that all -- Chairman Sanchez: All right. Mr. Fernandez: -- the missing conditions are met -- Chairman Sanchez: PH.3 -- thank you, sir. Mr. Fernandez: -- then the item would be appropriate in front of you. Chairman Sanchez: PH.3 is being tabled till this afternoon. City of -Miami Page 80 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 "[Later...]" Chairman Sanchez: All right. I'll tell you what, Madam Clerk, can we go into the -- well, we have a Public Hearing 3, right? Sylvia Scheider (Assistant City Clerk): Yes. Chairman Sanchez: All right. Public -- PH.3 is accepting the proposal plat at Bayside subdivision. Linda Haskins (Deputy City Manager/Chief Financial Officer): Commissioner, we still need some more time to negotiate this. Chairman Sanchez: You need more time to negotiate -- Ms. Haskins: Yes, please. Chairman Sanchez: -- that item? OK, so that leaves us basically done, and I'm not going to keep the public waiting. I'm sure that all these fine people that are here today want to get home to their families. Are we ready with the big item, Mercy, so we could get you out of here? I guess we're not. The attorneys are still talking. OK. As soon as you come to an agreement or something, let's get you out of here as quickly as possible. "[Later...]" Chairman Sanchez: We'll go to PH.3. Let's try to catch up. Commissioner Winton: What are we at? Chairman Sanchez: PH.3, and then we'll get back to PZ (planning and zoning) items. Mr. Fernandez: Yes, Mr. Chairman, this was an item that was delayed to this afternoon. It's a plat, and we have now been satisfied that all the conditions to the plat have been met -- Commissioner Winton: So moved. Mr. Fernandez: -- and it's appropriately in front of you for passage. Commissioner Winton: So move. Vice Chairman Gonzalez: I'll move PH.3. Commissioner Winton: Second Vice Chairman Gonzalez: Second. Commissioner Winton: Second. First, second, third -- Chairman Sanchez: All right. Mr. Fernandez: It's a public hearing. Commissioner Winton: -- fourth. Chairman Sanchez: Excuse me. It's -- PH.3 is a resolution that requires a public hearing. City of Miami Page 81 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed for the record, coming back to the Commission for any further discussion. Hearing no discussion, there's a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and we go back to -- Unidentified Speaker: Many thanks. Chairman Sanchez: -- PZ items. PH.4 05-00688 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED " MAHI SHRINE SUBDIVISION," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 05-00688- Legislation.pdf 05-00688- Exhibit 1.pdf 05-00688- Exhibit 2.pdf 05-00688- Summary Form.pdf 05-00688- Legal Description.pdf 05-00688- Public Notice Memo.pdf 05-00688- Public Notice AD.pdf 05-00688- Public Works Memo.pdf 05-00688- Public Works Ad.pdf 05-00688- Legal Description 2.pdf CONTINUED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Allen, and was passed unanimously, with Commissioner Regalado absent, to continue item PH.4 to the Commission Meeting currently scheduled for September 8, 2005. Chairman Sanchez: So we go to PH.4. PH.4, is it being -- Jorge L. Fernandez (City Attorney): PH.4 and PH.5, the applicants on both have requested that they be continued to September 8. Chairman Sanchez: All right. So, is there a motion to defer -- Vice Chairman Gonzalez: Move to continue. Chairman Sanchez: -- PH.4? City of Miami Page 82 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Allen: Second. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez, second by Commissioner Allen, to defer PH.4 to the next PZ (planning and zoning) -- Commissioner Winton: Four and five. Priscilla A. Thompson (City Clerk): Four and five. Chairman Sanchez: Four and five. Commissioner Winton: Yeah, continue to -- Mr. Fernandez: Well, five is -- Commissioner Winton: Well, you said four and five. Mr. Fernandez: -- it's a different type of item. I didn't mean to read them both together. I just -- Chairman Sanchez: All right. Listen -- Commissioner Winton: Oh. Mr. Fernandez: The next one would also be continued. You need to vote on this one by itself. Chairman Sanchez: Exactly. Mr. Fernandez: Continue it to 9/8. Chairman Sanchez: Independently. Mr. Fernandez: Correct. Chairman Sanchez: So I need a motion for P H. 4 to be deferred to the next -- Vice Chairman Gonzalez: Move PH.4. Vicky Garcia -Toledo: Date certain -- Commissioner Allen: Second. Ms. Garcia -Toledo: -- September 8. Commissioner Allen: 1 mean the deferral. Mr. Fernandez: Yeah -- Chairman Sanchez: Date certain. Mr. Fernandez: -- and in continuing it to a date certain, you -- it would be at 9 o'clock or as soon as thereafter as it can be heard. Chairman Sanchez: All right. Is there a motion? Commissioner Winton: So moved. City of Miami Page 83 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 PH.5 05-00682 Department of Public Works Chairman Sanchez: There's a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." ORDINANCE Public Hearing AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11662, ADOPTED MAY 26, 1998, WAIVING BY ORDINANCE THE NOTICE REQUIREMENT OF SECTION 5 OF THE FRANCHISE AGREEMENT ENTITLED "ASSIGNMENT AND TRANSFER;" WAIVING THE REQUIREMENT OF FILING A WRITTEN NOTICE WITH THE CITY CLERK BY FPL ENERGY SERVICES, INC., FOR THE SALE, ASSIGNMENT OR TRANSFER OF THE RIGHTS, PRIVILEGES AND AUTHORITY GRANTED BY THE FRANCHISE AGREEMENT BETWEEN FPL ENERGY SERVICES, INC., AND THE CITY OF MIAMI, DATED JUNE 8, 1998; APPROVING AND CONSENTING TO THE SALE, ASSIGNMENT OR TRANSFER OF THE PRIVILEGES GRANTED UNDER SAID FRANCHISE AGREEMENT TO FPL THERMAL SYSTEMS, INC., NOW DOING BUSINESS AS TECO SOLUTIONS, INC.; CONTAINING A REPEALER PROVISION, A SEVERABILITY CAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00682- Legislation.pdf 05-00682- Summary Form.pdf 05-00682- Public Notice Memo.pdf 05-00682- Public Notice Ad.pdf 05-00682- Previous Legislation.pdf 05-00682- Previous Franchise Agreement.pdf CONTINUED A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to continue item PH.5 to the Commission Meeting currently scheduled for September 8, 2005. Commissioner Winton: Move to continue -- Chairman Sanchez: PH.5. Commissioner Winton: -- PH.5. Chairman Sanchez: There's a motion also to continue. Vice Chairman Gonzalez: Second. Chairman Sanchez: There's second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Priscilla A. Thompson (City Clerk): Is that to a date certain? Jorge L. Fernandez (City Attorney): It's to a date certain, 9/8, at 9 o'clock, or soon thereafter as can be heard. City of Miami Page 84 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 10:30 A.M. PH.6 05-00689 Department of Community Development A sign interpreter translated discussion related to Items PH.6 - PH.11. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY") ANNUAL ACTION PLAN FOR FISCAL YEAR 2005-2006, ATTACHED AND INCORPORATED AND THE CITY'S ANALYSIS OF THE IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2005-2010, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO SUBMIT THE CITY'S ANNUAL ACTION PLAN FOR FISCAL YEAR 2005-2006 AND THE CITY'S ANALYSIS OF THE IMPEDIMENTS TO FAIR HOUSING CHOICE FOR FISCAL YEARS 2005-2010, TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR REVIEW AND APPROVAL. 05-00689- Legislation.pdf 05-00689- Exhibit 1.pdf 05-00689- Exhibit 1A.pdf 05-00689- Exhibit 2.pdf 05-00689- Exhibit 3.pdf 05-00689- Exhibit 3A.pdf 05-00689- Summary Form.pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0473 Chairman Sanchez: For the sake, I will -- I have not done my blue page. I will wait until after you, because it's time sensitive. It was advertised at 10:30. We do have the translator here, and if she comes back in the afternoon, that's additional cost to the City, so Barbara, you're recognized for your items, which were properly advertised -- Barbara Gomez -Rodriguez (Director, Community Development): PH.6. Chairman Sanchez: -- at 10:30, and it's Item PH.6 through PH.11, so -- Ms. Gomez -Rodriguez: Barbara Rodriguez, Department of Community Development. On PH.6, we're requesting approval -- Chairman Sanchez: Could we get the Sergeant at arms to try to keep the noise down outside, please? We're going to go ahead and go through 12:30, and then we'll come back at 2:45. All right, Barbara, go ahead. Ms. Gomez -Rodriguez: PH.6, we are requesting approval for the City of Miami Annual Action Plan of 2005-2006 and the City's analysis of the impediment for fair housing. Chairman Sanchez: All right. Is there a motion? Commissioner Winton: It's a public hearing, right? Chairman Sanchez: Well, we need a motion and a second -- City of Miami Page 85 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 PH.7 05-00626 Department of Community Development Commissioner Winton: So moved. Chairman Sanchez: -- before we open it -- Commissioner Allen: Second So moved. Chairman Sanchez: -- for the public. Commissioner Winton: So moved. Chairman Sanchez: OK. There's a motion by Commissioner Winton, second by Commissioner Allen. 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, it comes back to the Commission for discussion. Hearing no discussion on the item, Commissioner -- Vice Chairman Gonzalez, we're on PH. 6 -- 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. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF HOME INVESTMENT PARTNERSHIPS DISTRICT FIVE FUNDS, IN THE AMOUNT OF $50,000; ALLOCATING SAID FUNDS TO HAVEN ECONOMIC DEVELOPMENT, INC., FOR HOME BUYER EDUCATION ACTIVITIES, AS SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, WITH SAID AGENCY, FOR SAID PURPOSE. 05-00626-Leg i s lation. pdf 05-00626-Exhibit 1.pdf 05-00626-Exhibit 2.pdf 05-00626-Summary Form.pdf 05-00626-Public Notice.pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0474 Chairman Sanchez: And we go to PH.7. Barbara Gomez -Rodriguez (Director, Community Development): PH.7, we are requesting approval to transfer from the Home Investment Partnership District 5 funds $50, 000, and allocating said funds to the Haven Economic Development, Inc. for home buyers' educational activities. Chairman Sanchez: All right. Is there a motion? Commissioner Winton: So moved. Commissioner Allen: Second. City of Miami Page 86 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 PH.8 05-00734 Department of Community Development Chairman Sanchez: There's a motion by Commissioner Winton, for the record, it was second by Commissioner Allen. The item is open up for discussion. Before we open it up for discussion in the Commission, it is a public hearing, requiring public input. Anyone from the public wishing to address this item, please step forward and be recognized. Charles, hurry up. Charles Cutler: Yes, Commissioner. Charles Cutler. I just want to make a point. Since we're looking forward to economic development within District 5, because the district really needs a lot of work in terms of jobs and businesses, I hope that the Commission would definitely look very hard at keeping as much money inside the district through people that's already inside the district that provide certain goods and services, where they could start benefits, and we could start growing businesses within the district. Thank you. Chairman Sanchez: Thank you so much. All right. Anyone else from the public? Yes, sir. Please state your name and address for the record. Harris Millman: Harris Millman. I'm the executive director of Haven Economic Development. I'd like to state -- thank you for offering us these funds. Our offices are located in the district, and in addition, we're opening up a second office within the district, in the MLK (Martin Luther King) Center, and we also provide affordable housing, besides education, to this district. We have a number of projects that have been funded by this City within the district, as well. Thank you. Chairman Sanchez: Thank you so much, sir. A11 right. Anyone else? Hearing none, the public hearing is closed, coming back to the Commission. Anyone from the Commission wishing to discuss this item? If not, it is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF FUNDS, IN THE AMOUNT OF $200,000, FROM THE SPECIAL REVENUE ACCOUNT ENTITLED, "POVERTY INITIATIVE;" ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT TO FUND ACCION U.S.A., INC., FOR THE UNDERWRITING OF SMALL BUSINESS LOANS ASSOCIATED WITH THE CONTINUATION OF PHASE II OF THE CITYWIDE POVERTY INITIATIVE; AUTHORIZING THE CITY MANAGER TO EXECUTE A SPECIAL GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY FOR SAID PURPOSE. 05-00734- Legislation.pdf 05-00734- Exhibit 1.pdf 05-00734- Exhibit 2.pdf 05-00734- Exhibit 3.pdf 05-00734- Exhibit 4.pdf 05-00734- Summary Form.pdf 05-00734- Pre Resolution.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado City of Miami Page 87 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 PH.9 05-00735 Department of Community Development R-05-0475 Direction to the Administration by Chairman Sanchez to provide him with a list of businesses, including names and addresses, that have received this assistance in District 3. Chairman Sanchez: And we go to PH.8. Barbara Gomez -Rodriguez (Director, Community Development): PH.8, we're requesting approval to transfer funds in the amount of $200, 000 from the special revenue account entitled "Poverty Initiative" to the City of Miami Department of Community Development, to fund Accion International, Inc. Chairman Sanchez: All right. Vice Chairman Gonzalez: Move PH.8. Chairman Sanchez: There is a motion -- Commissioner Winton.: Second. Chairman Sanchez: -- by Vice Chairman Gonzalez, second by Commissioner Winton. Before we discuss it on 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, coming back to the Commission. Any further discussion on the Commission? If not, I just would like to ask, Barbara, that you provide us with a list of businesses that have received this assistance in my district, and I would like to have their name and their addresses. Ms. Gomez -Rodriguez: We will. Chairman Sanchez: Thank you very much. No further discussion on the item. It is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AMENDING RESOLUTION NO. 04-0687, ADOPTED OCTOBER 14, 2004 AND RESOLUTION NO. 05-0341, ADOPTED MAY 26, 2005, TO REFLECT THE CORRECT LEGAL ENTITY NAME OF MICRO -BUSINESS USA AS PARTNERS FOR SELF-EMPLOYMENT, INC. 05-00735- Legislation.pdf 05-00735- Summary Form.pdf 05-00735- Text File Reports.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0476 Chairman Sanchez: Madam Clerk, we move to PH.9. City of Miami Page 88 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 PH.10 05-00736 Department of Community Development Barbara Gomez -Rodriguez (Director, Community Development): PH.9, we're basically requesting to reflect a correct legal entity name. This was a resolution that was approved on May 26, 2005, so it's just correcting a name to be Partners for Self -Employment, Inc. Chairman Sanchez: All right. Is there a motion? Commissioner Winton: So moved. Chairman Sanchez: There's a motion -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- by Commissioner Winton, second by Vice Chairman Gonzalez. It is a resolution. It's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized Seeing none, hearing none, the public hearing is closed, coming back to the Commission for discussion. Hearing no discussion on the item, it is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS, IN THE AMOUNT OF $300,000, FROM ALLAPATTAH DEVELOPMENT, LLC AND THE AMOUNT OF $300,000 FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT CDBG-ECONOMIC DEVELOPMENT RESERVE ACCOUNT, FOR THE TOTAL AMOUNT OF $600,000; ALLOCATING SAID FUNDS, IN THE AMOUNTS FOR THE AGENCIES AND THE ACTIVITIES, AS SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS AND/OR AMENDMENTS TO EXISTING AGREEMENTS, WITH SAID AGENCIES, FOR SAID PURPOSES. City of Miami Page 89 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 05-00736- Legislation.pdf 05-00736- Exhibit 1.pdf 05-00736- Exhibit 2.pdf 05-00736- Exhibit 3.pdf 05-00736- Exhibit 4.pdf 05-00736- Exhibit 5.pdf 05-00736- Exhibit 6.pdf 05-00736- Exhibit 7.pdf 05-00736- Exhibit8.pdf 05-00736- Exhibit 9.pdf 05-00736- Exhibit 10.pdf 05-00736- Exhibit 11.pdf 05-00736- Exhibit 12.pdf 05-00736- Summary Form.pdf 05-00736- Public Notice.pdf 05-00736- Pre Resolution.pdf 05-00736- Pre Attachments.pdf 05-00736- Pre Agreement.pdf 05-00736- Pre Attachments 2.pdf 05-00736- Text File Report.pdf 05-00736- Pre Attachments 3.pdf 05-00736- Text File Report 2.pdf 05-00736- Pre Attachments 4.pdf 05-00736- Text File Report 3.pdf 05-00736- Pre Attachments 5.pdf 05-00736- Pre Agreement 2.pdf 05-00736- Pre Attachments 6.pdf 05-00736- Pre Agreement 3.pdf 05-00736- Text File Report4.pdf 05-00736- Pre Agreements 4.pdf 05-00736- Pre Attachment 7.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0477 Chairman Sanchez: And we go to PH.10. Barbara Gomez -Rodriguez (Director, Community Development): We're requesting approval to transfer CDBG (Community Development Block Grant) funds in the amount of $300, 000 from the Allapattah Development, LLC, and the $300, 000 that the City of Miami Department of Community Development had in economic development reserve account, and we're going to be transferring those funds to.: $20, 000 to Downtown Miami Partnership, Inc.; $15, 000 to De Hostos Senior Center; $300, 000 to the City of Miami Department of Capital Improvement Department; $140, 000 to the Association for the Development of the Exceptional; $25, 000 to the Latin Chamber of Commerce of the United States; $60, 000 to Miami Bethany Community Service, Inc.; $40, 000 to Black Economic Development Coalition, Inc. Chairman Sanchez: All right. Vice Chairman Gonzalez: Move PH.10. City of Miami Page 90 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 PH.11 05-00740 Department of Community Development Chairman Sanchez: There's a motion by -- Commissioner Allen: Second. Commissioner Winton: Second. Chairman Sanchez: -- Vice Chairman Gonzalez, second by Commissioner Allen. It is a resolution. It's a resolution 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 close, for the record, coming back to the Commission for discussion. Hearing no discussion, it is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDS, IN THE AMOUNT OF $1,500,000, FROM THE DISTRICT 5 RESERVE ACCOUNT; ALLOCATING SAID FUNDS TO THE SINGLE FAMILY REHABILITATION PROGRAM FOR REHABILITATION ASSISTANCE, AS SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED. 05-00740- Legislation.pdf 05-00740- Exhibit.pdf 05-00740- Summary Form.pdf 05-00740- Public Notice.pdf Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado R-05-0478 Chairman Sanchez: And we go to the final item, which is PH.11 Barbara Gomez -Rodriguez (Director, Community Development): PH.11, we're requesting the transfer of Home Investment Partnership Program funds in the amount of $1,500,000 from District 5 reserve account, and allocating said funds to the Single -Family Rehab program for District 5. Commissioner Allen: Right, and -- Commissioner Winton: Second. Commissioner Allen: I second, just for a quick discussion. Chairman Sanchez: OK. All right. Commissioner Winton: So moved. Commissioner Winton: There's a motion by Commissioner Winton, second by Commissioner City of Miami Page 91 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Allen, for the purpose of discussion. Commissioner Allen: Yeah. Of course, I've worked diligently with Barbara on this issue, and this is going to be, if you will, a pilot program addressing those depreciating assets in my community. We're going to work on facade, the exterior painting the homes, and/or fixing the roofs; thereby, improving the quality of life, so it will be specifically targeted for those sorts of services, correct? Ms. Gomez -Rodriguez: That's correct. Commissioner Allen: And we -- I've communicated this with NET (Neighborhood Enhancement Team), so we plan to get this kicked off as soon as possible. Ms. Gomez -Rodriguez: This is the same program we have in our single-family. It will be a loan attached to the people's home -- Commissioner Allen: Correct. Ms. Gomez -Rodriguez: -- for a period of time -- Commissioner Allen: Right. Ms. Gomez -Rodriguez: -- and definitely, we will be working on specific areas that you have -- Commissioner Allen: Right, and a specific -- Ms. Gomez -Rodriguez: Correct. Commissioner Allen: (UNINTELLIGIBLE), right. Thank you. Chairman Sanchez: All right. It is a resolution requiring a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Yes, sir. State your name -- Roy Hardemon: I want to ask one question. Chairman Sanchez: -- and address for the record. Mr. Hardemon: Roy Hardemon, 655 Northwest 48th Street. Is this District 5 wide? Ms. Gomez -Rodriguez: Yes. Commissioner Allen: Yes. Mr. Hardemon: OK. Chairman Sanchez: Does that answer your question? Mr. Hardemon: Yes, it does. Chairman Sanchez: Thank you very much. Vice Chairman Gonzalez: I do have a question. Chairman Sanchez: All right. Coming -- well, let's go ahead and close the public hearing. City of Miami Page 92 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Vice Chairman Gonzalez: You just -- Chairman Sanchez: Anyone else from the public wishing to address this item? If not, the public hearing is closed, coming back to the Commission. Commissioner -- Vice Chairman Gonzalez, you're recognized. Vice Chairman Gonzalez: You just said that this is going to be a loan. Ms. Gomez -Rodriguez: Yes. They're all loans. Vice Chairman Gonzalez: OK. Isn't there any way that this can be converted into a grant? Ms. Gomez -Rodriguez: After ten years, if they leave the property -- the program basically says that after ten years, if you leave the property, if you have not rented the property -- Vice Chairman Gonzalez: All right. Ms. Gomez -Rodriguez: -- then it gets converted. Vice Chairman Gonzalez: That's reasonable, because the houses that he's talking about are owned by very, very low-income families. Ms. Gomez -Rodriguez: Right. Vice Chairman Gonzalez.: And, you know, if we're going to give them some money and then they're going to be able to pay it back, that's going to be another burden. Ms. Gomez -Rodriguez: Right. Vice Chairman Gonzalez: And a lot of families are going to say, "You know what? I thank you, but no thank you. Don't paint my house, don't do my roof, let it collapse, and then I'll find out what to do," so if it is -- if it can be converted into a grant -- Ms. Gomez -Rodriguez: Yes. Vice Chairman Gonzalez: -- at a later date, 1 will support it. Chairman Sanchez: All right. Thank you very much. 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. City of Miami Page 93 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 ORDINANCE - EMERGENCY EM.1 05-00693 ORDINANCE Emergency Ordinance Office of the City (4/5THS VOTE) Attorney AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEUPENSION AND RETIREMENT PLAN/CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST," TO PROVIDE THAT THE PROVISIONS OF THE CITY CODE ARE CONSISTENT WITH THE TERMS AND CONDITIONS OF CERTAIN COLLECTIVE BARGAINING AGREEMENTS; MORE PARTICULARLY BY AMENDING SECTIONS 40-202 (6) TO ELIMINATE THE ABILITY OF FRATERNAL ORDER OF POLICE ("FOP") MEMBERS TO PURCHASE CREDITABLE SERVICE YEARS UPON RETIREMENT, AND 40-203 (Q)(13) TO SPECIFY THAT THE BENEFIT ACTUARIALLY CALCULATED DEFERRED RETIREMENT OPTION PROGRAM FOR F.O.P. BARGAINING UNIT EMPLOYEES IS REDUCED FROM FORTY EIGHT (48) MONTHS TO TWELVE (12) MONTHS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 05-00693-Cover Memo.pdf 05-00693-Legislation.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado 12718 Chairman Sanchez: All right. PH.6. Commissioner Winton: We -- Stephanie Grindell (Director, Public Works): PH.6 was done already. Chairman Sanchez: Oh, I'm sorry. Yeah, we did -- Jorge L. Fernandez (City Attorney): You've done 6 through 11? Commissioner Winton: We did 6 through 11. Chairman Sanchez: Yeah, we did 6 through 11. Let's go to emergency ordinance, which is EM.1, which requires a four -fifth. We do have a four -fifth. Commissioner Allen: Right. Mr. Fernandez: Mr. Chairman, Mr. Rossi will introduce this item for you. Chairman Sanchez: OK. Bill Rossi: Mr. Chairman. Ciry of Miami Page 94 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Chairman Sanchez: Yes, sir. Mr. Rossi: Bill Rossi, with the City Attorney's Office. Members of the Commission, you have before you a substituted proposed emergency ordinance, and that ordinance is to amend the Pension Code to be consistent with changes that were negotiated with the FOP (Fraternal Order of Police) and that are now included in the FOP collective bargaining agreement relative to two pension matters substituted because we needed to correct an inconsistency to make sure that the current version is consistent with the present code. The two changes are, one, to eliminate the ability of FOP members to buy up to three years of credible service, and number two, to reduce the back drop from 48 months to 12 months, and those are both set forth in the proposed ordinance. Commissioner Winton: So moved. Chairman Sanchez: OK. There's a motion. Is there a second? Vice Chairman Gonzalez: Second. Commissioner Allen: Second. Chairman Sanchez: The motion is made by Commissioner Winton, second by Vice Chairman Gonzalez. 1t is an ordinance -- an emergency ordinance requiring a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, it comes back to the Commission for discussion. I would just like to say that this is a great opportunity for the legislative body, the Administration, and the Department to praise the FOP, the president, and their stafffor clearly working together, and there are some that say that we cannot work together. This is a perfect example of when the City and its employees work together; we're able to accomplish great things. At the end of the day, it is not about me and we; it's about us and trust, and this is a perfect example of what great things can accomplish when the Administration and our unions work together for the betterment of our city, so it's an honor for me to sit here as a Commissioner and as a past senior vice president of laboring union to realize that when we're able to sit down and sign a contract together and look forward to the other opportunities in the future, to continue to provide the best possible service to our constituents, and to play and provide the best possible benefits to our employees, 1 am honored today. Having said that, it's an ordinance. Mr. City Attorney, read the ordinance into the record -- Mr. Fernandez: Yes. Chairman Sanchez: -- followed by a roll call by the Clerk. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. First roll call. Second roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: The item has been adopted as emergency measure, 4/0. Chairman Sanchez: Counsel, let me -- Mr. Fernandez: Mr. Chair -- Mr. Chairman, as -- Chairman Sanchez: If you allow me. Counsel, I don't want to leave you out. I know you played a very important role in this, and I also want to praise you for your professionalism. City of Miami Page 95 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Mr. Rossi: Well, there was a large effort on behalf of the Administration, as well, and thanks very much, Mr. Chairman. Chairman Sanchez: Absolutely. All right. Mr. Fernandez: Yeah. 1 need to correct the record, Mr. Chairman. I read to you -- when I was reading the ordinance, improperly read 36 months; it should have read 48 months, to be accurate and correct. Chairman Sanchez: All right, so the ordinance, as read into the record, has been amended by the City Attorney, so let it reflect on the record. ORDINANCES - SECOND READING SR.1 05-00603 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH Public Works ATTACHMENT(S), AMENDING ORDINANCE NO. 12613, ADOPTED NOVEMBER 18, 2004, FURTHER AMENDED PURSUANT TO ORDINANCE NO. 12656, ADOPTED FEBRUARY 24, 2005, EXTENDING THE TERM OF THE FRANCHISE AGREEMENT WITH PIVOTAL UTILITY HOLDINGS, INC., D/B/A FLORIDA CITY GAS, PREVIOUSLY NUI UTILITIES, INC., D/B/A NUI CITY GAS COMPANY OF FLORIDA, D/B/A FLORIDA CITY GAS ("FRANCHISEE"), UNTIL THE EARLIER OF 1) FEBRUARY 28, 2006, OR 2) THE DATE IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF ANY SUBSEQUENT FRANCHISE AGREEMENT ENTERED INTO BY THE CITY OF MIAMI AND THE FRANCHISEE; AUTHORIZING THE CITY MANAGER TO EXECUTE A FRANCHISE EXTENSION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00603 Legislation FR/SR.pdf 05-00603 Exhibit A FR/SR.pdf 05-00603-summary form SR.pdf 05-00603-summary form FR.pdf 05-00603 back-up letters FR/SR.pdf 05-00603 Franchise Exten. Agreement FR/SR.pdf 05-00603 Cert. of Incumbency & Signature FR/SR.pdf 05-00603 Insurance Approval FR/SR.pdf 05-00603 Previous Legislation FR/SR.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado 12714 Chairman Sanchez: All right, let's move right along. Where are we at? What's the next one? Commissioner Winton: SR.1. Chairman Sanchez: SR.1. SR. 1 is second reading. Let's try to get some of the second readings - City of Miami Page 96 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 SR.2 05-00604 Department of Conferences, Conventions and Public Facilities Commissioner Winton: So moved Chairman Sanchez: -- out of the way. Vice Chairman Gonzalez: Second Chairman Sanchez: All right. SR. 1 is -- just put something on the record briefly. Stephanie Grindell: Stephanie Grindell, director of Public Works. SR.1 is an ordinance extended the short-term franchise agreement with Pivotal Utility Holdings, formally known as NUI (National Utilities, Inc.), doing business as Florida City Gas. Chairman Sanchez: All right. There's a motion by Commissioner Winton, second by Vice Chairman Gonzalez. It is an ordinance requiring a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Hearing none, seeing none, it comes back to the Commission for discussion. Seeing no discussion, at this time, 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. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 53/ARTICLE 1/ SECTION 53.1(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STADIUMS AND CONVENTION CENTERS/ IN GENERAL/ TICKET SURCHARGE ON PAID ADMISSIONS TO EVENTS/ RATE OF SURCHARGE," BY INCREASING THE RATE OF SURCHARGE PAYMENT ON PAID ADMISSIONS AT CERTAIN CITY OF MIAMI FACILITIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00604 Legislation FR/SR.pdf 05-00604-summary form SR.pdf 05-00604-summary form FR.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado 12715 Chairman Sanchez: SR.2 is an ordinance on second reading. Commissioner Winton: So moved. Vice Chairman Gonzalez: Second. City of Miami Page 97 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Chairman Sanchez: There's a motion by Commissioner Winton, second by Vice Chairman Gonzalez. Before opening up for discussion, it is an ordinance requiring a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Hearing no further discussion, Mr. City Attorney, could you 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. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. SR.3 05-00605 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Planning 62/ARTICLE VI/SECTION 62-156 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SCHEDULE OF FEES," BY CREATING A NEW SUBSECTION 62-156(D) ENTITLED "MANNER OF FEE PAYMENT;" ADDING A PROVISION THAT SETS FORTH THE REQUISITE MANNER OF PAYMENT BY CERTIFIED CHECK, CASHIER'S CHECK, OR MONEY ORDER FOR THE COLLECTION OF CERTAIN SPECIFIED FEES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 05-00605-ordinance SR.pdf 05-00605-Summary Form SR.pdf 05-00605-ordinance FR.pdf 05-00605-summary form FR.pdf Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Allen Absent: 1 - Commissioner Regalado 12719 Chairman Sanchez: All right. SR.3 is also an ordinance. Vice Chairman Gonzalez: Move it. Commissioner Winton: Second. Chairman Sanchez: All right. There's a motion and a second on SR.3. It's an ordinance on second reading. Before we -- it's an ordinance requiring a public hearing. Anyone from the public wishing to address this item, please step forward to be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission for discussion. Commissioner Allen: Yeah, just one quick question. Chairman Sanchez: Commissioner Allen, you're recognized. Commissioner Allen: Yeah. You may recall last time, there was an issue. Was that cleared up? Ana Gelabert-Sanchez (Director, Planning & Zoning): Yes, it was. It was changed City of Miami Page 98 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 FR.1 05-00694 Department of Parks and Recreation Commissioner Allen: OK. Ms. Gelabert-Sanchez: We raised the fees to 25,000, and that's reflected on the -- what you have in front of you. Commissioner Allen: OK, thank you. Chairman Sanchez: OK. No further discussion. Mr. City Attorney, could you 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. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. ORDINANCE - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND APPROPRIATING THE 2005 SERIES SPECIFIED/PER CAPITA SAFE NEIGHBORHOOD PARKS BOND FUNDS GRANT, IN THE AMOUNT OF $3,000,024; AMENDING ORDINANCE NO. 12622, AS AMENDED, APPROPRIATING SAID FUNDS INTO THE CAPITAL IMPROVEMENT PROJECT NUMBERS SPECIFIED HEREIN; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN FORMS AND SUBSTANCE ACCEPTABLE TO THE CITY ATTORNEY AND THE RISK MANAGEMENT ADMINISTRATOR, FOR ACCEPTANCE OF THE GRANT; AND AUTHORIZING, PURSUANT TO THE PROVISIONS OF THE SAFE NEIGHBORHOOD PARK ORDINANCE, THE PAYMENT OF (1) SUPPLEMENTAL FUNDS REQUIRED TO COMPLETE SAID PROJECTS IF THE COST OF SAID PROJECTS EXCEED THE GRANT ALLOCATION, AND (2) FUNDS TO OPERATE, MAINTAIN AND PROVIDE PROGRAMMING AT EACH PROJECT UPON ITS COMPLETION. 05-00694- Legislation.pdf 05-00694-Exh ibit. pdf 05-00694- Summary Form.pdf 05-00694- Agreement Pgs..pdf 05-00694- Affidavits.pdf 05-00694- Sworn Statements.pdf 05-00694- Charts.pdf 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. Do -- Madam Clerk, do we have anything else? Priscilla A. Thompson (City Clerk): FR.1. City of Miami Page 99 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Allen: FR.1 Chairman Sanchez: FR.1. Let's go to FR.1. Vice Chairman Gonzalez: I'll move FR.1. Commissioner Allen: Second. Commissioner Winton: Second. Chairman Sanchez: OK. There's a motion by Vice Chairman Gonzalez, second by Commissioner Winton and Allen. 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, it comes back to the Commission for discussion. Seeing no discussion from the Commission, Mr. City Attorney, could you read the ordinance on first reading into the record? FR.1. Jorge L. Fernandez (City Attorney): Yes, FR.1. The ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PART B Chairman Sanchez: All right. We go to PZ2, but before Igo into PZ.2, I must read into the record -- Commissioner Winton: I'd like to -- Chairman Sanchez: -- the following. Do you want to be recognized? Commissioner Winton: Yes, please, on PZ.2. Chairman Sanchez: Well, but hold on. We haven't gotten to PZ.2 yet. Commissioner Winton: OK. Chairman Sanchez: All right. Any person who acts as a lobbyist pursuant to City Code Ordinance 11469 must register with the City Clerk prior to engaging in lobbying activity before City staff, board, and committees, and the City Commission. Again, any individual who becomes slanderous or makes remarks that are disrespectful to others will be kindly asked to leave City Hall by the sergeant at arms. Any person who seeks to address this Commission, all they have to do is come up and state your name and address for the record, and also any person who wishes to obtain a copy of the agenda five days prior to the Commission, all they need to do is contact the City Clerk's office and one will be provided for you. Now, I must swear in all those that will be testfying on PZ (planning & zoning) items, so therefore, please stand up. If you're going to be testing on any of the PZ items, please stand up, raise your right hand, and our lovely City Clerk will swear you in. City of Miami Page 100 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Priscilla A. Thompson (City Clerk): Thank you. PZ.1 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 06-23-05.pdf 05-00236 Fact Sheet 07-28-05.pdf WITHDRAWN 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. WITHDRAWN WITHDRAWN City of Miami Page 101 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Chairman Sanchez: All right. PZ 1 has been withdrawn, is that correct? Unidentified Speaker: Correct. PZ.2 05-00621 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, CONCERNING THE DOWNTOWN GOVERNMENT CENTER DEVELOPMENT OF REGIONAL IMPACT, ENCOMPASSING AN AREA PREVIOUSLY APPROVED BY RESOLUTION NO. 81-343; AUTHORIZING AN NOTICE OF PROPOSED CHANGE APPLICATION PROVIDING FOR 1,500,000 SQUARE FEET OF OFFICE SPACE; AUTHORIZING AN EXTENSION OF THE DEVELOPMENT TIME TO 2009; APPROVING THE DEVELOPMENT OF REGIONAL IMPACT SUBJECT TO THE CONDITIONS ATTACHED HERETO AS "EXHIBIT A", THE APPLICATION FOR DEVELOPMENT APPROVAL, INCORPORATED HEREIN BY REFERENCE, AND CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE MIAMI PLANNING ADVISORY BOARD, INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING THAT THE DOWNTOWN GOVERNMENT CENTER DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING THE CITY CLERK TO SEND COPIES OF THIS RESOLUTION TO AFFECTED AGENCIES AND THE APPLICANT; PROVIDING FOR A TERMINATION DATE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SEVERABILITY CLAUSE. 05-00621 Legislation.pdf 05-00621 Exhibit A.pdf 05-00621 May 19, 2005 Intent Letter & Supporting Docs.pdf 05-00621 April 11, 2005 Intent Letter & Supporting Docs.pdf 05-00621 PAB Reso.pdf 05-00621 Fact Sheet.pdf REQUEST: To Amend a Previously Approved DRI for the Downtown Government Center APPLICANT(S): Miami -Dade County General Services Administration FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 15, 2005 by a vote of 6-0. PURPOSE: This will allow for the development of government office facilities in the downtown area. CONTINUED A motion was made by Commissioner Winton, seconded by Vice Chairman Gonzalez, and was passed unanimously, to continue item PZ.2 to the Commission Meeting currently scheduleld for September 22, 2005, at a time certain of 10:00 a.m. Chairman Sanchez: All right. City of Miami Page 102 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Winton: PZ 2. Chairman Sanchez: Yeah, but once again, I want to thank all of you, including our staff, we're getting the -- we're moving the agenda pretty smoothly. As a matter of fact, I'm a little surprised that we made it this far so quickly, so PZ2. You ready for PZ.2? Commissioner Winton: Mr. Chairman, 1 would like to defer or continue PZ 2 until such time as I've had an opportunity to meet with the appropriate people from the County. This is the County DRI (Development of Regional Impact) extension, and I will tell you, and the County's administrative headquarters are in my district; they're in downtown Miami. The County is an integral part of our City and our downtown, and their current -- the current maintenance and landscaping of the facilities that they have downtown -- I'll be polite here -- is less -- Commissioner Regalado: There is no maintenance -- Commissioner Winton: -- than appropriate. Commissioner Regalado: There is no maintenance. Commissioner Winton: -- and before we get more stuff going, I want to get a plan and a commitment from the County to properly maintain and landscape a crucial component of the infrastructure and improvements of downtown Miami, so as a consequence, I would like to not take any action on this today, and I will look to staff in terms of whether or not they want me to continue it or defer it. Lourdes Slazyk (Assistant Director, Planning & Zoning): Continuance to September. Chairman Sanchez: All right, so is there a motion to continue the item to September? Commissioner Winton: So moved. Chairman Sanchez: So moved Is there a second? Vice Chairman Gonzalez: Second. Ms. Slazyk: That's to the Planning and Zoning. Chairman Sanchez: Motion is made by Commissioner Winton, second by Vice Chairman Gonzalez. Madam Director, would you like to state something for the record? Jorge L. Fernandez (City Attorney): The date of that meeting in September is September -- Priscilla A. Thompson (City Clerk): Twenty-second Chairman Sanchez: All right. Mr. Fernandez.: At 2:30 or soon thereafter, or -- Ms. Slazyk: I think we've been advertising our agendas for 10 a.m. Mr. Fernandez: For 10 a.m. All right. Chairman Sanchez: OK. All in favor, say "aye." City of Miami Page 103 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PZ.3 05-00622 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, IN ORDER TO AMEND A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) DEVELOPMENT ORDER, FOR THE MODIFICATION OF THE MASTER AND INCREMENT II DEVELOPMENT ORDERS FOR THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) DEVELOPMENT OF REGIONAL IMPACT (DRI), IN ACCORDANCE WITH SUBSECTION 380.06(19), FLORIDA STATUTES (2004), IN ORDER TO: 1) MODIFY THE TABLE DESCRIBING THE LAND USES AND INCREMENTS IN THE SEOPW DRI TO REFLECT ADMINISTRATIVE SIMULTANEOUS INCREASES AND DECREASES IN THE INCREMENT I DEVELOPMENT ORDER, AND ROLLOVER ANY UNUSED CREDITS INTO THE INCREMENT II DEVELOPMENT ORDER; 2) REVISE THE DEFINITION OF "NET NEW DEVELOPMENT"; 3) MODIFY THE DEFINITION OF "TOTAL ALLOWABLE DEVELOPMENT"; 4) MODIFY FINDING OF FACT G TO REFLECT THE PROPOSED CHANGE; 5) PROVIDE THAT THE BUILDOUT DATE IS ALSO THE DATE UNTIL WHICH THE PROJECT SHALL NOT BE SUBJECT TO DOWNZONING OR OTHER SIMILAR ACTIONS PURSUANT TO STATE LAW; 6) ALLOW FOR THE SUBMITTAL OF A BIANNUAL STATUS REPORT PURSUANT TO SECTION 380.06(18), FLORIDA STATUTES (2004), RATHER THAN AN ANNUAL REPORT; AND 7) CORRECT SCRIVENER'S ERROR IN CONDITION 7 OF INCREMENT II DEVELOPMENT ORDER; FINDING THAT THESE CHANGES DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION PER CHAPTER 380, FLORIDA STATUTES; AND ALSO FINDING THAT THESE CHANGES ARE IN CONFORMITY WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN. 05-00622 Legislation.pdf 05-00622 Exhibit A.pdf 05-00622 Exhibit A-1pdf 05-00622 Exhibit A-2.pdf 05-00622 Map.pdf 05-00622 March 7, 2005 Intent Letter & Supporting Docs.pdf 05-00622 March 22, 2005 Intent Letter & Supporting Docs.pdf 05-00622 PAB Reso.pdf 05-00622 Fact Sheet.pdf REQUEST: To Amend a Previously Approved DRI for the Southeast Overtown/Park West Area APPLICANT(S): Community Redevelopment Agency FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 15, 2005 by a vote of 5-0. PURPOSE: This will allow for numerous benefits in order to facilitate City of Miami Page 104 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 development within the Southeast Overtown/Park West area. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0480 Chairman Sanchez: All right. What item now? Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ3. Vice Chairman Gonzalez: PZ 4 and 5. Chairman Sanchez: PZ.4 and 5. Ms. Slazyk: We have PZ.3 first. It's the CRA (Community Redevelopment Agency) item for the DRI (Development of Regional Impact). Chairman Sanchez: Where's Frank? Where's the executive director for the CRA? Ms. Slazyk: He's here. He's here. Vice Chairman Gonzalez: He left. Chairman Sanchez: You know, he wants me to push his item -- Vice Chairman Gonzalez: And then he leaves. Chairman Sanchez: -- before the Mercy Hospital's, and then he leaves. Ms. Slazyk: I think he thought it was going to take longer. PZ.3 is a consideration of amending the Southeast Overtown/Park West DRI (Development of Regional Impact). This amendment does a couple very simple things. First of all, it rolls over the unused credits from Increment I into Increment II; it modifies some of the definitions, and in a nutshell, it updates the DRI for Increment II, and this is the foundation we need in order to keep this DRI moving for the Southeast Overtown/Park West area. It's been recommended for approval by the Planning Advisory Board, and approval by the Planning Department. Chairman Sanchez: All right. Ms. Slazyk: And we have the consultants -- CRA consultants are here, if you have any questions. Chairman Sanchez: OK. Commissioner Winton: I'll move PZ 3. Vice Chairman Gonzalez: Second. Chairman Sanchez: All right. There's a motion to approve PZ.3 by Commissioner Winton, second by Vice Chairman Gonzalez. This 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. City of Miami Page 105 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Winton: Thank you -- Chairman Sanchez: Thank you. Commissioner Winton: -- for your expert testimony. PZ.4 05-00410a ORDINANCE Second 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 & 05-00410b School Board Review.PDF 05-00410a PAB Reso.pdf 05-00410a Application & Supporting Docs.pdf 05-00410a FR Fact Sheet.pdf 05-00410a SR Fact Sheet.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 proposed Miami Rivertown 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 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 for the proposed Miami Rivertown Major Use Special Permit project. City of Miami Page 106 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen 12716 Chairman Sanchez: OK PZ. 4. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZs 4, 5, and 6 are companion items. PZ. 4 and 5 are your second reading ordinances for a land use and zoning change. This is for the Mahi Shrine site, which is now the site for the proposed Major Use Special Permit for the Miami Rivertown project. PZ.4 and 5, which are the land use and zoning change, they've been recommended for approval by the Planning Advisory Board, approval by the Zoning Board, and passed by the City Commission first reading June 23. PZ6, which is the Major Use Special Permit, has also been recommended for approval with conditions by the Planning Department, and the Planning Advisory Board Chairman Sanchez: All right. We'll take them up one at a time. Listen, is there any opposition to this item here? There is opposition to this item? Oakley Smith: 1 wouldn't say it's opposition. Chairman Sanchez: OK. Well -- Mr. Smith: I'd like some information about -- Chairman Sanchez: -- then we have to -- Vice Chairman Gonzalez: He would like to -- some information. Vicky Garcia -Toledo: For the record, Vicky Garcia -Toledo, with offices at Wachovia Center. The gentleman is saying it's not opposition per se; that he wants information. Chairman Sanchez: All right. Why don't we get him up front -- Commissioner Allen: Yes, please, and -- Chairman Sanchez: -- see if we could satisfy him, and then -- sir, welcome to City Hall. Sir -- Mr. Smith: Where do you want me, here or there? Chairman Sanchez: -- sir, wherever you like. Mr. Smith: Fine. Thank you. My name is Oakley G. Smith. My address is 1401 Northwest North River Drive. As you can see, this is just across the -- from 1400 to 1500. I don't quite understand your notice of public hearing, which states that the western boundary is 14th Avenue. I don't believe that you meant that, but that's what it is. If you say 14th Avenue of the -- is the western boundary, then we're nowhere. If you said 17th Avenue or 15th Avenue, it makes some sense, but 14th Avenue is where you start and you end up with 14th Avenue. It doesn't make an awful lot of sense. That was one thing I wanted -- Commissioner Winton: Let her see that behind you. She wants to -- Commissioner Allen: So, is that -- Mr. Smith: Yeah. City of Miami Page 107 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Allen: Right. Is that material, if you will? Mr. Smith: I don't know. Ms. Slazyk: This is SD-10. Wrong item. This is the wrong item. Mr. Smith: Oh, but you're saying -- Ms. Slazyk: Yes. Mr. Smith: I thought you called me up here. Chairman Sanchez: No, sir. Ms. Slazyk: This is the SD-10 item, which is later on the agenda. Mr. Smith: Fine. Thank you. Chairman Sanchez: All right. Commissioner Allen: And Mr. Chairman, if I may, since this is on second reading, could we sort of truncate the presentation? Chairman Sanchez.' Oh, absolutely; it's second reading. I think we've already addressed it in the first reading. Commissioner Allen: Yeah. We don't need an elaborate -- Commissioner Winton: He was just (UNINTELLIGIBLE) Vice Chairman Gonzalez: (INAUDIBLE) Commissioner Allen: We don't need an elaborate. Vice Chairman Gonzalez: Right. Chairman Sanchez: All right. Is there a motion to approve -- Vice Chairman Gonzalez: Yes. Chairman Sanchez: -- PZ.4? Vice Chairman Gonzalez: Yes -- Commissioner Allen: Second. Vice Chairman Gonzalez: -- Mr. Chairman, I'll move the item. Chairman Sanchez: OK, there's a motion by Vice Chairman Gonzalez, second by Commissioner Allen. However, before we open it up for discussion, it's 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 any discussion. Hearing no discussion on the item, Mr. City Attorney, could you read the ordinance into the record, followed by a roll call? City of Miami Page 108 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: Roll call. Chairman Sanchez: All right. Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. Chairman Sanchez: All right. As we move along to PZ 5, 1-- Ms. Slazyk: Wait, wait. He's got questions on -- he's got the SD-10 item in his hand, but then he's got the backup for the Rivertown project, so I believe he does have questions, and I'm not sure what they -- Mr. Smith: Am I allowed to ask questions? Chairman Sanchez: Absolutely -- Ms. Slazyk: Yes. Chairman Sanchez: -- sir. That's what you're here for. Mr. Smith: Thank you. What I'm concerned about -- Chairman Sanchez: But before I do that -- Mr. Smith: Sure. PZ.5 05-00410 ORDINANCE Second 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. City of Miami Page 109 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 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 05-00410 FR Fact Sheet.pdf 05-00410 SR Fact Sheet.pdf 05-00410-S u bm ittal. 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, 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 proposed Miami Rivertown 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 for the proposed Miami Rivertown Major Use Special Permit project. Motion by Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen 12717 Chairman Sanchez: Let's go to PZ 5, which is relating to PZ.4, and once we do the presentation on PZ.4, which is the same as -- 4, 5, and 6 are the same, right? -- then you could address all your questions, and that way the Attorney will be prepared to answer your questions. Oakley Smith: All right. Chairman Sanchez: The Attorney or the Administration, either one. You could ask any questions you want pertaining to the item. Mr. Smith: All right. City of Miami Page 110 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Chairman Sanchez: OK, so go ahead with your brief presentation. The Miami River Commission also wants to put in the record that they are in support, and then, sir, we'll -- when we open up the public hearing, you could -- Mr. Smith: Fine. Chairman Sanchez: -- speak, that way we keep it in order. Priscilla A. Thompson (City Clerk): Commissioner, if I might. We're on PZ (planning & zoning) --? Chairman Sanchez: Five. Vice Chairman Gonzalez: Five. Ms. Thompson: Thank you. Chairman Sanchez: OK. Vicky Garcia -Toledo: Which is the zoning change on -- Chairman Sanchez: Yes. Ms. Garcia -Toledo: -- this matter, and this is the second reading. You approved this unanimously. It comes to you with approval of all of the lower boards and your stafffor approval. I'll be happy to do a presentation, if you wish, but if not -- Commissioner Winton: No. Ms. Garcia -Toledo: -- I will -- Chairman Sanchez: No. Ms. Garcia -Toledo: -- and just let the River Commission -- you wanted to address the Commission? Ashley Chase: Sure. Thank you. Just really quickly, Ashley Chase, assistant managing director of the Miami River Commission, with offices at 1407 Northwest 7th Street. I'd like to read a letter into the record, on behalf of our chairperson, Ms. Irela Bague. On February 7, 2005, the Miami River Commission heard the Miami Rivertown Major Use Special Permit, including the proposed land use and zoning amendments presented by Ms. Vicky Garcia -Toledo, Bilzen Sumberg, and the project's architect, Mr. Aris Garcia, Wolfberg, Alvarez, & Associates. The MRC (Miami River Commission) unanimously found the mixed -use development to be consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan, as it features a 50-foot setback from the shoreline, including a publicly accessible 20-foot wide riverwalk, consisting of a 16 foot wide unobstructed pedestrian path, and a 4-foot wide passive zone for landscaping, decorative lighting, benches, way -finding signage, historical markers, and other amenities. Thank you. Chairman Sanchez: Thank you very much. All right, at this time, what we'll do is we'll open it up to the public. Sir, now it's -- Mr. Smith: Now is the time? Chairman Sanchez: Yes. City of Miami Page 11 ! Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Mr. Smith: All right. Chairman Sanchez: State your name and address for the record, and ask any questions you would like. Mr. Smith: Thank you. My name is Oakley G. Smith. My address is 1401 Northwest North River Drive, which is across from this project. Pm the owner of that property, plus other properties in -- contiguous with it -- behind it, going from 14th Avenue down to 13th -- to 14th Place. That's why I'm here today; not, in any way, to stop progress. I'd just like to know, has there been any requirement that the developer place up any money to see that the area is -- the infrastructure is modified to suit the traffic that's in there, because we're going to have a tremendous amount of traffic in there? Cars are in pretty bad shape right now. Now, either the City, which is the taxpayers, of course -- and I don't represent them. I'm in -- which is my own property. The City or the builder should do something to give the rest of us an opportunity to get along there. You have 947 units that are going to go up there, according to what you've approved here. That's an awful lot of folks that are going to have cars driving in and out of there, plus the offices. I think it was 1,800 square feet or 18,000, incredible figures, and then you have the commercial area down there. Unless somebody puts up some money, we're going to be just stifled in there. We're going to be strangled, is what I'm trying to say. We have the courts, we have the hospitals, we have everything else, and now we have this project, which is fine. We're all in favor of progress, but if -- you figure $1, 000 a unit for 947 units, the builders aren't coming up -- the developers aren't coming out too bad on this. Is there any provision in what the City has approved to put a little bit of money aside to help us with the roads, the sidewalks, the lightings, or things like that? Chairman Sanchez: Sir, that's a question that has been asked -- Vice Chairman Gonzalez: It's a very good question. Commissioner Allen: Excellent, yes. Chairman Sanchez: -- many times. Excellent question, and the executive director will address and answer your question, and it's pertaining to impact fees. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yeah. All of the projects are required, when they come in for building permits, to pay impact fees. They will be paying County impact fees, as well as City impact fees, which go for the various infrastructure requirements. Part of the MUSP (Major Use Special Permit) requirement is that they turn in that site utility study and show what the infrastructure requirements are, and that's in your book. Commissioner Allen: Right, and that amount of money is sufficient to -- Ms. Slazyk: Well -- Jorge L. Fernandez (City Attorney): Proportionate. Commissioner Allen: Proportionate, right. Ms. Slazyk: Yeah, their proportionate share is all that's required for them to pay. Mr. Smith: Excuse me. I don't question that the City would take care of it well, but the only thing I find was in the report, there's advice from the consultant, which they hired, that advises us that you can ride the trolley car or -- not the trolley anymore. What is it? Metro line (UNINTELLIGIBLE), and all the employers in there should get these tickets wholesale. Now, City of Miami Page 112 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 that's about the only thing I found in there, insofar as the area addressing that. How they intend to go about making the area acceptable, I don't know, but it seem like a bit much to think that telling the folks to go in there and -- well, I'll read it to you quickly. It says the information provided maintain of the premises will be updated -- that's to tell the people in the building where they can catch a trolley car -- no less than six-month intervals. This -- our intention is to promote mass transit use by encouraging employers and landlords to purchase transit passes and make them available to employees and residents at discount prices. We should employ -- encourage employers to implement staggered work hours. Well, we don't have to do that right now, so we're not gaining a great deal by the fact that they're coming in here and telling us to get discount tickets, and walk four or five blocks over here to the rapid transit area. Again, I just -- if you say the money is there, fine. We'll -- just so it's on the record that there has been a commitment on the part of somebody -- I don't know who; whether it's a building or whether the City -- that the billion dollars that's going to be made on this project, they'll spend some of it back with the community, and you say you have it, so I guess we have no further business. Chairman Sanchez: OK. Any other questions, sir? Mr. Smith: Not a bit. Thank you. Chairman Sanchez: Thank you very much. Vice Chairman Gonzalez: Thank you. Chairman Sanchez: All right. Is there anyone else from the public wishing to address this Commission? If not, the public hearing is closed. Commissioner Allen: Mr. Chair. Chairman Sanchez: Yes, sir. Steve Hagen: Steve Hagen, here representing the Parks Committee of Miami Neighborhoods United. This is Item 5, is it? Commissioner Allen: Yes. Chairman Sanchez: Yes, sir. Mr. Hagen: This -- what this gentleman brought up, it deserves more exploration and explanation. In reference to parks, we believe that the impact fees that are being collected are not near enough to provide the service that this building should be providing. How many -- may I ask, how many square feet of public space is on the main floor of the ground floor of this building, and also how many units? Commissioner Allen: Wouldn't that be to the developer? Ms. Garcia -Toledo: I'll be happy to try to address the question. This project, as you know, is beyond the area where a river walk is required. Nonetheless, this project has committed to do the entire river walk, with a 50-foot setback, to make that river walk open to the public, and to that effect, a declaration of restrictions, running with the land, is being proffered and is, in fact, a condition of the MUSP to make sure that it gets done and followed up, where that entire area is open to the public. Mr. Hagen: How many square feet of public space is being provided by this building? It can both be hard service and green service. City of Miami Page 113 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Ms. Garcia -Toledo: It's 900 feet by 50. Nine hundred feet times fifty. Mr. Hagen: Roughly, 4, 500 feet? Ms. Garcia -Toledo: Forty-five. Plus, we are creating a private access road, and when I say private, I say because it's not dedicated, but it is a road that runs from North River Drive to the river walk, and that is another 50 by 250, roughly speaking? Mr. Hagen: That's an access road? Is that green space or what is that? Ms. Garcia -Toledo: No. It's an actual landscape, sidewalks, and Swale areas on each side of a road. Mr. Hagen: So what was -- how many square feet are we talking about there? Ms. Garcia -Toledo: Roughly, 50 feet wide by about 200, 250 long; is that the depth of the lot? About that. Mr. Hagen: So, we're looking at 1,400 -- 14,000 square feet of public space on this project? Aristide Garcia: Good afternoon. For the record, Aris Garcia, Wolfberg, Alvarez & Partners. The building -- the three phases, the three towers roughly take 180,000 square feet of this entire parcel. Everything else is really public. Everything else is landscape. Everything else is open with green spaces and planters, and recreational areas, and boardwalk, et cetera, so the vast majority of the site is all public access. Mr. Hagen: Well, how many residents -- how many units does this building have? How many -- Chairman Sanchez: Steve. Mr. Hagen: -- residents do you expect to be living there? Mr. Garcia: Nine hundred and eighty-five. Ms. Garcia -Toledo: Over and above that, of course, we're paying the City of Miami impact fees, which include the impact fees for parks. Mr. Hagen: I'm just doing some math here. Chairman Sanchez: Well, Steve, I mean, come on. Mr. Hagen: Well -- Chairman Sanchez: You could ask the questions. I mean, I really don't want to hold you back, but I can't have you, you know, sit there and do math. Mr. Hagen: Currently, the City of Miami residents enjoy about 150 square foot of park space or public space, per resident. Chairman Sanchez: Yes. Mr. Hagen: So we're adding -- how many thousand residents are we adding? How many -- Mr. Garcia: Nine eighty-five. City of Miami Page 114 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Ms. Garcia -Toledo: Well, the residents in those 985 units will have private access to recreation decks on each one of the phases, which will have pools, barbecue area, green space, parking areas, but those are private for those residents. Mr. Hagen: Well, our point here is that, at roughly a thousand residents being added to this city, there should be about one -- a 3.1 acres of green space added to the city to maintain what we currently have, and you're adding what appears to be 15,000 square feet of space open to the public, which brings you up a shortfall of two -- about two point -- two and three-quarter acres. Now, if this Commission is going to continue to allow the permitting of these buildings, we're degradating our park and our open space every time you allow one of these buildings to go up without adequate green space. In fact, that's using the 3.1 figure, where we were three and a half years ago. We're down to 2.9. If you own -- even if you use your 1.3 as your stated goal in your Comprehensive Plan, this building does not measure up to the standard. Chairman Sanchez: All right. Steve, thank you very much. Mr. Hagen: I urge that you deny this application. Chairman Sanchez: OK. Thank you. Anyone else from the public? If not, the public hearing is closed, coming back to the Commission. There's already a motion and a second. Vice Chairman Gonzalez: Mr. Chairman, I move to approve Item 5. Commissioner Allen: Just one outstanding question. Chairman Sanchez: Whoa, whoa, whoa, whoa, whoa, whoa. Commissioner Allen: I'm sorry. Chairman Sanchez: There's a motion to approve PZ 5. I need a second. Commissioner Allen: Second for a quick discussion. Chairman Sanchez: Motion is made by Vice Chairman Gonzalez, second by Commissioner Allen. The item is under discussion. Commissioner Allen, you're recognized. Commissioner Allen: Just a quick question to the developer. Steve brought up the issue of 1.3 as a calculus formula. Is there any way you guys could either meet that or come close to that, in any way possible, relative to what he's stated? Ms. Garcia -Toledo: Well, with all respect, if every project in the city that comes before you of this magnitude would have to have two to three acres of land for public park you would not be able to have any development, but I will say this to you. We're building on nine acres of land, and the footprint of our buildings occupied 180,000 square feet, so that gives you an idea of what the openness of this project is to the actual footprint of the buildings. Ms. Slazyk: And the project data -- just so you know, on the MUSP item, the project data shows over 63,000 square feet of green space, in addition to the other public space that they're doing, so it's over an acre. Chairman Sanchez: All right. Vice Chairman Gonzalez: All right. Commissioner Allen: Yes. City of Miami Page 115 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Chairman Sanchez: Any further discussion on the item? If not, it's a resolution. Commissioner Regalado: Mr. Chairman. Chairman Sanchez: Yes, sir. Mr. Fernandez: It's an ordinance. Ms. Slazyk: This is an ordinance. Commissioner Regalado: Just a general point, and it's not about this project. What I see here, it's a lot of green space. However, the point that Steve made, it's important, because we have now two projects in the 27th Avenue corridor that for them to reach the needed green space, they are using the City's right-of-way as green space count. This is not the case, but somehow we have to draw the line somewhere, because the City's right-of-way is being given to the developers for use as their needed space, and you know, I -- somehow, we need to remedy that situation, and this is not the case. We're -- I mean, if we had this on our corridor in Coral Way and in 27th Avenue, we'll be blessed, but we don't have that, and so I'm asking, Mr. City Manager and Lourdes, maybe we can set some guidelines. 1 don't know if the Zoning director -- do we need legislation, or do we need just internal guidelines? We do need legislation -- Mr. Fernandez: Correct. Commissioner Regalado: -- prohibiting the use of the City's right-of-way as their quota for green space, because what's happening in two projects here in 27th Avenue is that they do comply -- Mr. Fernandez: Correct. Commissioner Regalado: -- but they comply because they're using all this swale areas around and around, and the sidewalk and the swale areas, and it's like, you know, fooling the public, because after all, we have to maintain. Ms. Slazyk: Commissioner, just so you know, this issue was discussed at the Commission, I don't know, about a month or two ago. Commissioner Regalado: 1 remember. Ms. Slazyk: We are working -- the green space ordinance is coming in September. We're finishing it up right now. It's going to clam all of those issues and calculation, and it's also going to create the trust fund -- Commissioner Regalado: Yeah, yeah. Ms. Slazyk: -- for park space. Commissioner Regalado: I remember that, Lourdes -- Ms. Slazyk: Yes. Commissioner Regalado: -- but -- Ms. Slazyk: It'll be here September. City of Miami Page 116 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Regalado: Right, but the issue here is to prohibit, to prohibit, totally, not calculations and all that, to prohibit the use of the City's right-of-way -- Ms. Slazyk: As green space. Commissioner Regalado: -- as green space count, you know. Chairman Sanchez: All right. Any further discussion on the item? If not, Mr. City Attorney, could you 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. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. PZ.6 05-00410b RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE MIAMI RIVERTOWN PROJECT, TO BE LOCATED AT APPROXIMATELY 1400-1500 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, TO CONSTRUCT A MIXED -USE THREE -BUILDING CLUSTER DEVELOPMENT RANGING IN HEIGHT FROM APPROXIMATELY 362 FEET TO 368 FEET, CONSISTING OF 985 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 98,129 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 51,045 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 1,866 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 117 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 05-00410b Outside Cover.pdf 05-00410b Inside Cover.pdf 05-00410b Table of Contents.pdf 05-00410b I- Article I Project Information.pdf 05-00410b I.A - Application for Major Use Special Permit.pdf 05-00410b I.B -Application to Amend the Miami Comprehensive Neighborhood Plan.pd 05-00410b I.0 - Application For Amendment To The Miami Zoning Atlas.pdf 05-00410b I.D - Disclosure of Ownership.pdf 05-00410b I.E - Ownership Affidavit.pdf 05-00410b I.F - Directory of Project Principals.pdf 05-00410b I.G - Project Data Sheet.pdf 05-00410b I.H - City of Miami Zoning Atlas Map.pdf 05-00410b II- Article II Project Description - Zoning Ordinance No. 11000.pdf 05-00410b III- Supporting Documents.pdf 05-00410b 111.1 - Minority Construction Employment Plan.pdf 05-00410b 111.2 - Traffic Impact Analysis.pdf 05-00410b 111.3 - Site Utility Study.pdf 05-00410b 111.4 - Economic Impact Study.pdf 05-00410b 111.5 - Survey of Property.pdf 05-00410b 111.6 - Drawings Submitted.pdf 05-0041 0b Legislation.pdf 05-00410b Exhibit A.pdf 05-00410b Exhibit B.pdf 05-00410b Analysis.pdf 05-00410 & 05-00410b Zoning Map.pdf 05-00410, 05-00410a & 04-00410b Aerial Map.pdf 05-00410b Miami -Dade Aviation Dept Review.pdf 05-00410b HEPB Reso.pdf 05-00410b Design Review Comments.pdf 05-00410, 05-00410a & 05-00410b Miami River Comm Comments.PDF 05-00410a & 05-00410b School Board Review.PDF 05-00410b PAB Reso.pdf 05-00410b Fact Sheet.pdf 05-00410b Outside Cover.PDF REQUEST: Major Use Special Permit for the Miami Rivertown Project 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 with conditions*. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Recommended approval with conditions* of a Certificate of Appropriateness to City Commission on January 4, 2005 by a vote of 5-0. 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 with City of Miami Page 118 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 conditions* to City Commission on May 18, 2005 by a vote of 5-0. See companion File Ds 05-00410 and 05-00410a. *See supporting documentation. PURPOSE: This will allow the development of the Miami Rivertown project. Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0481 Chairman Sanchez: PZ. 7. Vicky Garcia -Toledo: Six. Lourdes Slazyk (Assistant Director, Planning & Zoning): Six. Commissioner Allen: Six. Ms. Slazyk: Six is the actual -- Chairman Sanchez: I'm sorry. Ms. Slazyk: -- Major Use -- Chairman Sanchez: PZ.6. Ms. Slazyk: -- Special Permit. This would allow 985 residential units, 98,129 square feet of office, 51,000 square feet of retail, and approximately 1,866 parking spaces. Again, recommended for approval, with conditions. Chairman Sanchez: All right. PZ.6 is a resolution. Is there a motion? Vice Chairman Gonzalez: Move -- Commissioner Winton: So move. Vice Chairman Gonzalez: -- PZ 6. Chairman Sanchez: There's -- Commissioner Winton: Second. Chairman Sanchez: -- a motion by Vice Chairman Gonzalez, second by Commissioner Winton. It is open for discussion. It's not open to the public. Mariano Cruz: It's not open (UNINTELLIGIBLE) Chairman Sanchez: I'll allow you to talk Mr. Cruz: I'm just going to say a few things. City of Miami Page 119 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Chairman Sanchez: I don't want you to go to the radio and say I didn't let you talk. Mr. Cruz: OK. Mariano Cruz, 1227 Northwest 26th Street, and I am glad when I see all this development coming to the neighborhood. Where were the Planning and the City -- Chairman Sanchez: Yeah. Mr. Cruz: -- while they were building all the institutions there in the neighborhood, you know, all the things that prisons, all the things that nobody wants, but they build in Allapattah. Now, we have something there because all these buildings there. You know what I got to do? I got to go to Pembroke Lakes, Dadeland Mall because there's nothing left in our neighborhood. Maybe now, with the Midtown and the whole thing, I won't have to drive so far and spend a lot of gas to buy something. Chairman Sanchez: There you go. Commissioner Winton: Yeah. Chairman Sanchez: All right. Commissioner Winton: Why weren't you yelling at the prior guys? Chairman Sanchez: OK. Any -- Vice Chairman Gonzalez: That's very good, Mariano. Chairman Sanchez: No further discussion on the item. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PZ.7 05-00519 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE PORTICO PROJECT, TO BE LOCATED AT APPROXIMATELY 1837 NORTHEAST 4TH AVENUE, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 461-FOOT, 43-STORY HIGH RESIDENTIAL STRUCTURE TO BE COMPRISED OF APPROXIMATELY 324 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; AND APPROXIMATELY 425 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 120 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 05-00519 Cover Page.pdf 05-00519 Table of Contents.pdf 05-00519 TAB A - Letter of Intent.pdf 05-00519 TAB B - Application for a Major Use Special Permit.pdf 05-00519 TAB C - Zoning Write Up.pdf 05-00519 TAB D - Legal Description.pdf 05-00519 TAB E - Aerial.pdf 05-00519 TAB F - Zoning Atlas Page 23.pdf 05-00519 TAB G - Project Data Sheet.pdf 05-00519 TAB H - Warranty Deeds and Tax forms.pdf 05-00519 TAB I - Ownership List and Mailing Labels.pdf 05-00519 TAB J - State of Florida Corporate Documents.pdf 05-00519 TAB K - Directory of Project Principals.pdf 05-00519 TAB L - Project Description.pdf 05-00519 TAB M - Minority Construction Employment Plan.pdf 05-00519 TAB N - URS Sufficiency Letter.pdf 05-00519 TAB N - Traffic Study.pdf 05-00519 TAB 0 - Site Utility Study.pdf 05-00519 TAB P - Economic Impact Study.pdf 05-00519 TAB Q - Site Plans for Property including Survey & Photos.pdf 05-00519 Legislation.pdf 05-00519 Exhibit A.pdf 05-00519 Exhibit B.pdf 05-00519 Analysis.pdf 05-00519 Zoning Map.pdf 05-00519 Aerial Map.pdf 05-00519 Miami -Dade Aviation Dept Review.pdf 05-00519 Design Review Comments.pdf 05-00519 School Board Review.pdf 05-00519 PAB Reso.pdf 05-00519 Fact Sheet.pdf REQUEST: Major Use Special Permit for the Portico Project LOCATION: Approximately 1837 NE 4th Avenue APPLICANT(S): Cameo Apartments, Ltd. APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on June 29, 2005 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the development of the Portico project. Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen City of Miami Page 121 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 R-05-0482 Chairman Sanchez: We go to PZ 7. Vicky Garcia -Toledo: Thank you. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 7 is a Major Use Special Permit for the Portico project. This is located at 1837 Northeast 4th Avenue. This is in order to construct a high -density residential structure. It will have 324 multifamily units with recreational amenities and 425 parking spaces. The project has been recommended for approval with conditions by the Planning Department and approval with conditions by the Planning Advisory Board. Chairman Sanchez: All right. Is there anyone in opposition to this item? Seeing none and hearing none, I hope your presentation is brief. Commissioner Winton: Oh, we got to listen to you again. Chairman Sanchez: Come on, Steve. Steve Hagen: Well, if you let me speak about all these items, then I'll sit down. Commissioner Winton: You speak about all of them all the time, so -- Mr. Hagen: This is 324 units, possibly 600 to 700 new residents coming into the city. Again, the impact fees that are being collected on this is $0.15 a foot. It's about enough to purchase two square feet, we calculate, of park space in downtown Miami, based on the size of the building, when you really need to be adding like 60 to 70 square feet for every resident that moves into this city. You're collecting sales tax on what the amount should be collected. Again, I ask you to deny this, the fees, not just for -- parks are extremely low; they are not going to get us out of the hole that we're in, not to mention the fees that are being collected for streets and everything else and sidewalks. I ask you to deny this until we have a proper impact fee and schedule. This building means that the taxpayers of Miami are going to be losing about $18 million if we have to purchase this land on the open market. Chairman Sanchez: Thank you, Steve. Ben Fernandez: Thank you. Chairman Sanchez: All right. Commissioner Allen: Mr. -- Mr. Fernandez: Mr. Chair, Ben Fernandez. Chairman Sanchez: Ben. Mr. Fernandez: Commissioner Allen, yes. I'm sorry? Commissioner Allen: Yeah, just one quick question, Mr. Chairman. Steve mentioned that he's going to be making a recurring argument, I believe, but Madam Lourdes, you mentioned earlier -- previously that we're in the process for presenting -- Ms. Slazyk: An open space ordinance. City of Miami Page 122 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Allen: Right, and that does -- that will address some of the issues he just brought up, right, the 60 to 70 -- the calculus that he was using based on what it should be. Is it -- does it Ms. Slazyk: No. Commissioner Allen: -- go to that extent or -- Ms. Slazyk: No. Commissioner Allen: -- trying to work out the formularies? Ms. Slazyk: What he's doing -- no. What he's doing -- what he's been putting in the record is how much park space per person -- Commissioner Allen: Right. Ms. Slazyk: -- should be provided. This is not park space. This is an open green space per project -- Commissioner Allen: Correct. Ms. Slazyk: -- and if a developer can't accommodate all that open and green space on the ground floor of the project, they would pay into a trust fund to the City. The City could then use that money to purchase additional parklands or to do improvements in existing parks to enhance the amenities. That's the purpose of the ordinance that we're working on now. Not to tell each project that they actually have to put parkland into their project. That's -- this is different, and these would be dollars above and beyond the impact fees that these developers are already paying for parks in their district. Commissioner Allen: Correct. Ms. Slazyk: OK. Commissioner Allen: Thank you. Chairman Sanchez: All right. Counsel. Mr. Fernandez: Thank you. Very briefly, Mr. Chair, Ben Fernandez, for the record, 200 South Biscayne Boulevard. This project has recommendations of approval from all the lower boards and staff. I would note for the record that there are two small parcels, city -owned parcels that are off of Northeast 4th Avenue. You could see them here. We will be improving those parcels as part of this project, so we believe that we're going over and above what the park impact fee ordinance requires. In addition, this is very close to Margaret Pace Park. I think it's going to be a very good project for the area, and with that, I'll -- Chairman Sanchez: All right. It's a -- Mr. Fernandez: -- close my argument. Chairman Sanchez.' -- resolution. Is there a motion? Commissioner Allen: I'll move the item, Mr. Chairman. City of Miami Page 123 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Chairman Sanchez: There's a motion by -- Vice Chairman Gonzalez: Second Chairman Sanchez: -- Commissioner Allen, 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. The item has been approved. Mr. Fernandez: Thank you. PZ.8 05-00624 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE CAPITAL AT BRICKELL (FKA SMA) PROJECT, TO BE LOCATED AT APPROXIMATELY 1420, 1430, 1434, 1438 SOUTH MIAMI AVENUE AND 1401, 1429 SOUTHWEST 1ST AVENUE AND 21, 37, 45, 65 SOUTHWEST 14TH TERRACE AND 26, 44, 54 SOUTHWEST 14TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A MIXED -USE TWO -TOWER DEVELOPMENT RANGING IN HEIGHT FROM APPROXIMATELY 607 FEET TO APPROXIMATELY 649 FEET TO BE COMPRISED OF APPROXIMATELY 832 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 108,543 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 47,853 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 1,274 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 124 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 05-00624 Inside Cover.PDF 05-00624 Table of Contents.PDF 05-00624 Article I - Project Information.PDF 05-00624 Letter of Intent.PDF 05-00624 Major Use Special Permit Application.PDF 05-00624 Zoning Write-Up.PDF 05-00624 Zoning Atlas.PDF 05-00624 Project Data Sheet.PDF 05-00624 Deed - Computer.PDF 05-00624 Ownership List.PDF 05-00624 State of Florida Documents.PDF 05-00624 Owner's Authorization Letter.PDF 05-00624 Directory of Project Principals.PDF 05-00624 Article II - Project Description.PDF 05-00624 Article III - Supporting Documents.PDF 05-00624 Minority Construction Employment Plan.PDF 05-00624 Traffic Impact Analysis - Part I.PDF 05-00624 Traffic Impact Analysis - Part II.PDF 05-00624 Site Utility Study.PDF 05-00624 Economic Impact Study.PDF 05-00624 Survey of Property.PDF 05-00624 Drawings Submitted.PDF 05-00624 Legislation.pdf 05-00624 Exhibit A.pdf 05-00624 Exhibit B.pdf 05-00624 Analysis.pdf 05-00624 Zoning Map.pdf 05-00624 Aerial Map.pdf 05-00624 Design Review Comments.pdf 05-00624 Miami -Dade Aviation Dept Review.pdf 05-00624 HEPB Reso.pdf 05-00624 School Board Review.pdf 05-00624 PAB Reso.pdf 05-00624 Fact Sheet.pdf 05-00624 Outside Cover.PDF REQUEST: Major Use Special Permit for the Capital at Brickell (FKA SMA) Project LOCATION: Approximately 1420, 1430, 1434, 1438 S Miami Avenue and 1401, 1429 SW 1st Avenue and 21, 37, 45, 65 SW 14th Terrace and 26, 44, 54 SW 14th Street APPLICANT(S): Cabi SMA, LLC and Chestnut Capital, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 6, 2005 by a vote of 5-0. City of Miami Page 125 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 *See supporting documentation. PURPOSE: This will allow the development of the Capital at Brickell (FKA SMA) project. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0484 Chairman Sanchez: We go to PZ.8. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ8 is a Major Use Special Permit for the Capital at Brickell project. This project proposes to construct a total of 832 total multifamily residential units; 108,543 square feet of office; 47,853 square feet of retail space, and 1,274 parking spaces. The project is located along Miami Avenue and 14th Terrace. It's been recommended for approval by the Planning Department and approval by the Planning Advisory Board. Chairman Sanchez: All right. Is there any opposition to this item? Can you just stipulate? Steve Hagen: Well, again, this is 832 units. I mean, we're looking at an added population here of probably 15 to 1,800 people. You should be adding -- Chairman Sanchez: Could you state your name and address for the record. Mr. Hagen: Pardon? Chairman Sanchez: Could you state your name and address for the recor? If you're going to come up -- Mr. Hagen: Steve Hagen, Miami -- Chairman Sanchez: -- and talk on every item -- Mr. Hagen: -- Neighborhood United Parks Committee. The City should be receiving enough funds or adding park space in the amount of -- in the neighborhood of about six acres, and we're talking -- Commissioner Winton: He's hallucinating. Mr. Hagen: -- probably feet that's going to be included on the bottom floor of this; it's going to be open to the public. I just hope that this plan that comes back in September will address this in a major way because the residents of Miami are -- we're losing acreage, we're losing feet every time one of these projects is approved in its present form. Chairman Sanchez: Thank you. All right. Counsel. Lucia Dougherty: Good afternoon, Mr. Chairman, members of the Commission. Lucia Dougherty, with offices at 1221 Brickell Avenue, here today on behalf of the owners of the applicant, Hector Torres, the project manager, is with me today, as well as Daisy Fernandez and her colleague from Fullerton Diaz, the project architects. The project is located on the full block between 19th Street and 14th Terrace, South Miami and Southwest 1st Street. It is -- we had -- for the last week and a half, actually we've had very long discussions with the South Miami City of Miami Page 126 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Homeowners Association. As of this morning, we reached a settlement with them, so they are supportive of this project, and for that reason, unless you want to have a full presentation, we would urge your approval of the project. Commissioner Winton: Well, I would love to look at the renderings and the layouts, and 1 don't want a long presentation, but 1 think we would like to see it. The architecture right now, from what I'm looking at, looks absolutely spectacular, so I think it would be worthwhile to at least get a view of some of that. Ms. Dougherty: OK. I'm just going to give you a little bit of the details. It's 800 units, where 1,392 are permitted. We have 1,600 parking spaces, which are required, but we're providing 1,272. We have unanimous recommendation of all the various boards that have reviewed the project, and again, as I say, we have the homeowners association of -- the South Miami Homeowners Association agreement and concurrence. Commissioner Winton: Just so you understand, this has not one little thing to do with the gentleman who keeps coming up over and over again. This is not about his point, but it is about ours, because we've been interested in park space in our city for a long time, and we do have an ordinance coming that I hope's going to be ready by November that is designed to -- and y'all are under the threshold, so you're here before it, and even if you -- even if we deferred it, you're still here before it, so you wouldn't be subject to the ordinance regardless of but the ordinance is going to change a couple of things, one of which is absolutely applicable in this point, and that is that you are, in fact, required by Code to have a certain amount -- even in the big high-rises -- have a certain amount of green space at street level, but we give you credit on the 10th floor for building the pool, and the deck, and the landscaping and all that, and that's your credit, and I'm going to ask all of the developers -- and I missed one just because I was so irritated, so sorry, you guys get it first -- but I would like you to consider -- and it's not going to be a condition, can't be a condition -- but I would love for you to consider the concept of spending a little extra, and paying the City into their parks fund that we're creating an amount that may be roughly equal to or somewhere in the neighborhood of the amount that we're going to be looking for, and we don't even know what that is yet for that trade-off for your green space being up here, so that we can in fact by land to create parks in the future, and so it is not a condition, but I'm going to ask you all to consider it, and then we'll talk later and -- but be prepared for the phone call because I'm going to call you -- Commissioner Allen: Right. Could you -- Commissioner Winton: -- and it will be absolutely voluntary, but I'm going to call you. Commissioner Allen: Wait. Could you -- Ms. Dougherty: Before you go any further, Mr. -- Commissioner Allen: Ms. Dougherty, before you continue. Ms. Dougherty: Sure. Commissioner Allen: Respectfully, Ms. -- Commissioner Winton, could you repeat that? Commissioner Winton: Yes. Commissioner Allen: You are going to -- because I didn't want understand. Commissioner Winton: We're going to have an ordinance, probably come before the Commission -- City of Miami Page 127 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Allen: Right. Commissioner Winton: -- first reading -- Commissioner Allen: Exactly. Commissioner Winton: -- in September. Commissioner Allen: Right. Commissioner Winton: That ordinance is going to take away the ability of all of our -- these major developers, primarily the ones in my district that are required -- it's got a 40,000 square foot site downtown, as an example. You know, maybe by our Code, 5,000 of it is suppose to be public green space, but it doesn't fit with their plans, so they could count that 5,000 square feet of public green space up on their pool deck, and so we're going to create an ordinance that says, "you're going to continue to get to use that 5,000 square feet for your buildings. You don't get the green space counted up here. You're going to pay into a parks fund so we can buy land for parks." Commissioner Allen: Correct. That's a fair exchange. Commissioner Winton: And so, I'm just asking, out of the goodness of their heart, because they're not required, it's not a condition, anything, but I'm asking that they consider if we come back to them with a request, that they at least consider our request, and I'm just putting it on the record. I don't want something behind the scenes; I'm just telling them that, and I'm not asking for an answer today. I'm not asking for anything today. I'm just telling them, I'm going to come to them and ask them if they would be willing to consider it. Commissioner Allen: Well, 1 would like to just comment that 1 endorse what you're saying, and I think that can also go to the issue of appeasing Steve, as well, so -- Commissioner Winton: I'm not interested in appeasing Steve. Ms. Dougherty: Mr. -- Commissioner Winton, I just wanted to point out something about this particular site. This is the first building that has been constructed under your new SD-7 regulations, which, as you probably know, reduced the bonuses, increased the design criteria. One of the big things about this particular site is we do have an urban plaza that actually goes right through the building, so you'll have retail on the ground floor, spilling it out to an urban plaza that literally goes right through the building and out to -- Commissioner Winton: So it'll create a more walkable neighborhood; we don't have this giant block you have to walk around, and you can go through it. Ms. Dougherty: That's absolutely -- that's precisely the thinking, and also within it, we're going to create these areas where kids from the New World School of Arts can actually display their artwork in this plaza. We're actually putting preconstructed platforms for their display of the art, so -- an amphitheater as well, so 1 think that this -- we've already addressed these issues in connection with your SD-7 regulations, which this is the first project that has come through it, but in addition to that, I wanted you to know that we are contributing substantial amounts of money, up to $400, 000, to the South Miami Homeowners Association to approve the traffic and mitigation all around this area, so I think that we are doing our part in -- as developers. Commissioner Winton: Nice to have that on the record. Thank you. City of Miami Page 128 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Chairman Sanchez: All right. Commissioner Winton: And the project's spectacular. So move. Chairman Sanchez: All right. There is -- Commissioner Allen: Second. Chairman Sanchez: -- a motion by Commissioner Winton for approval of PZ 8. It's a resolution. Second by Commissioner Allen. Any discussion. Any further discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Thank you very much. Ms. Dougherty: Thank you. PZ.9 05-00648 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, RESOLUTION NO. 01-1233, PER ARTICLES 5, 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE PARK PLACE AT BRICKELL PHASE II PROJECT, LOCATED AT APPROXIMATELY 1432 AND 1450 BRICKELL AVENUE, MIAMI, FLORIDA, TO ALLOW THE MODIFICATION OF PHASE II TO AN APPROXIMATELY 527-FOOT, 32-STORY HIGH OFFICE BUILDING, TO BE COMPRISED OF APPROXIMATELY 508,900 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 10,980 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 1,285 TOTAL PARKING SPACES; AND TO PRESERVE THE PREVIOUSLY APPROVED 371 DWELLING UNITS; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR') BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 129 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 05-00648 Inside Cover.PDF 05-00648 Table of Contents.PDF 05-00648 Article I - Project Information.PDF 05-00648 Letter of Intent.PDF 05-00648 9-16-02 Nonsubstantial Amendment & MUSP Application.PDF 05-00648 MUSP Resolution No. 01-01233.PDF 05-00648 Zoning Write-Up.PDF 05-00648 Zoning Atlas.PDF 05-00648 Project Data Sheet.PDF 05-00648 Deed - Computer.PDF 05-00648 Ownership List.PDF 05-00648 State of Florida Documents.PDF 05-00648 Directory of Principals.PDF 05-00648 Article II - Project Description.PDF 05-00648 Article III - Supporting Documents.PDF 05-00648 Minority Construction Employment Plan.PDF 05-00648 Traffic Impact Analysis.PDF 05-00648 Site Utility Study.PDF 05-00648 Economic Impact Analysis.PDF 05-00648 Survey of Property.PDF 05-00648 Drawings Submitted.PDF 05-00648 Legislation.pdf 05-00648 Exhibit A.pdf 05-00648 Exhibit B.pdf 05-00648 Analysis.pdf 05-00648 Zoning Map.pdf 05-00648 Aerial Map.pdf 05-00648 Resolution 01-1233.pdf 05-00648 Design Review Comments.pdf 05-00648 School Board Review.pdf 05-00648 Miami -Dade Aviation Dept Review.pdf 05-00648 HEPB Reso.pdf 05-00648 PAB Reso.pdf 05-00648 Fact Sheet.pdf 05-00648 Outside Cover.PDF REQUEST: Major Use Special Permit Substantial Modification of the Park Place at Brickell Phase II Project LOCATION: Approximately 1432 and 1450 Brickell Avenue APPLICANT(S): Park Place at Brickell, LLC APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Recommended approval with conditions* of a Certificate of Appropriateness to City Commission on April 5, 2005 by a vote of 6-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* City of Miami Page 130 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 to City Commission on June 29, 2005 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow a substantial modification to the Park Place at Brickell Phase II project. Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0485 Chairman Sanchez: We go to PZ.9. PZ.9 is a resolution. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ9 is a request for a substantial modification to Major Use Special Permit for the Park Place at Brickell Phase II project. As you know, Park Place was approved as a two-phase project; phase I is under construction. This is a request to replace the phase II residential tower with an office tower of approximately 508,900 square feet, with 10,980 square feet of retail, and approximately 1,285 total parking spaces. What the developer is also requesting as part of this substantial modification is to also retain the rights to his approved phase II residential project in the event that the office market doesn't turn out to be what they expected it to be. The proposal has been recommended for approval with conditions by the Planning Department and approval with conditions by the Planning Advisory Board. Commissioner Allen: Right. Lourdes, could you repeat that last one? They want to retain the right to -- Ms. Slazyk: Right. They already have an approved project for two residential towers; one is under construction, and rather than building the second one, they want to give an office tower a go, but if for some reason, the office market isn't quite ready for it yet, they want to retain the rights to go back to the -- Commissioner Allen: Residential. Ms. Slazyk: -- already -approved phase II residential tower, which has already been through all of the reviews and approval by the Commission. Vice Chairman Gonzalez: All right. Chairman Sanchez: OK. It is -- are you ready just to brief -- Adrienne Pardo: Hello. My name is Adrienne Pardo, with law offices at Greenberg Traurig, 1221 Brickell Avenue. With me here today is the owner/developer, Allan Ojeda, as well as our architect, Bruce Brosh. We're requesting that we have a substantial modification, and I'd just like to state for the record, because I know it's been discussion on the other projects; that this particular project does have -- we well exceed our open space and green space on the ground floor. We have -- you may remember from the -- a couple of years ago, 2001, when we were before you that we had dedicated an entire corner. We have an entire plaza that's shown over here that's open to the public, and within this plaza is going to be a 110 foot waterfall area, and anybody in the neighborhood wants to come in here, they can; they can just walk in. There will also be some benches and a lot of other features. It's going to be very lush with greenscaping [sicJ, and we have that already in our plans. I can go into more detail, if you'd like. City of Miami Page 131 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Winton: No. This is a modification of a pre -approved MUSP -- Ms. Pardo: Correct. Commissioner Winton: -- so it's just a different building, and I would move -- what item is this? Vice Chairman Gonzalez: Nine. Chairman Sanchez: PZ.9. Commissioner Winton: Move PZ (planning & zoning) -- Chairman Sanchez: All right. There's a motion by Commissioner Winton, second -- Vice Chairman Gonzalez: Second. Chairman Sanchez: -- by Vice Chairman Gonzalez. 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. Thank you. Ms. Pardo: Thank you. Unidentified Speaker: Thank you very much. PZ.10 05-00618 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF AN ALLEY LOCATED EAST OF SOUTHWEST 22ND AVENUE BETWEEN SOUTHWEST 5TH STREET AND SOUTHWEST 6TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." 05-00618 Legislation.pdf 05-00618 Exhibit A.pdf 05-00618 Zoning Map.pdf 05-00618 Aerial Map.pdf 05-00618 Public Works Analysis.pdf 05-00618 Public Works Tentative Plat Letter.pdf 05-00618 ZB Reso.pdf 05-00618 Application & Supporting Docs.pdf 05-00618 Fact Sheet.pdf REQUEST: Official Vacation and Closure of a Portion of an Alley LOCATION: Approximately East of SW 22nd Avenue Between SW 5th Street and SW 6th Street APPLICANT(S): Punta Diamante, LLC APPLICANT(S) AGENT: Salomon Sutton, Member Manager City of Miami Page 132 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 FINDINGS: PLANNING DEPARTMENT: Recommended denial upon finding of no public benefit. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on April 7, 2005 by a vote of 5-2. ZONING BOARD: Recommended approval to City Commission on June 13, 2005 by a vote of 7-0. PURPOSE: This will allow a unified development site. Motion by Vice Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0486 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 10 is a request for an official vacation and closure of a portion of an alley. This is the east of 22nd Avenue, between Southwest 5th and Southwest 6th Streets. The Planning Department had originally recommended denial upon a finding of no public benefit. We met with the developer, who was here recently on a zoning change before this Commission. As part of that zoning change request, they had proffered a covenant, and the covenant tied them to a set of plans that had an open space provided in the project at the corner plaza. We met with them and asked them for a few minor changes to this plan to qualifi, for the public benefit. In order to get that open space to really work, we felt that there should be some activity around it, so they're going to put a cafe and seating in this open space so that it could really become a more meaningful space. With that being accepted, we would recommend approval. Commissioner Allen: This is PZ 10. Ms. Slazyk: PZ 10, yes. Commissioner Allen: Right. Vice Chairman Gonzalez: All right. Simon Ferro: Mr. Chairman, members of the board, Simon Ferro, 1221 Brickell. I represent the applicant. This property is located in the alleyway, basically located right off of 22nd -- Commissioner Winton: Mr. Ambassador, you need to speak into the mike a little -- no, just get it closer to your mouth. No, no, don't turn it. It's working. You've just got to -- closer. Mr. Ferro: Thank you, Mr. Chairman. Chairman Sanchez: On is on; off is off. Commissioner Winton: But ambassadors don't know those kind of details. Mr. Ferro: I thought it was off, but -- Chairman Sanchez: But ambassadors don't know that. City of Miami Page 133 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Winton: You know, usually somebody else takes care of that for them. Mr. Ferro: -- the Commissioner said it was on. Chairman Sanchez: But ambassadors don't know that. Mr. Ferro: Anyway, this property, Commissioner, is -- it's a 10 foot alleyway running up from Southwest 5th Street to 6th Street. This is right off of Southwest 22nd Avenue. It separates properties that are already zoned C-1 on 22nd Avenue, and a year ago, three lots immediately to the east of the frontage here were rezoned to C-1 with a covenant limiting it to residential, so we're here today to close the alleyway between properties owned by the same entity so that we can develop a mixed -use residential development that will obviously encompass the whole property. The alleyway is in the middle, and as Lourdes has said, the -- we submitted and proffered a site plan, which went through design review, and this being Southwest 22nd Avenue, and the alleyway basically cutting right through here, we have provided two outside and public seating areas and a restaurant that will have access to the seating areas, and this seating area here is approximately, I guess about 600 square feet; this one, it looks like double the size, so we do have a public benefit. This alleyway is a very small alleyway, and in fact, somebody at the Plat and Street Committee commented that just closing it was a public benefit because it does no good and there's a lot of negative stuff that goes on in the alleyway at night, so -- Chairman Sanchez: Well -- Mr. Ferro: -- it's a good thing to close. Chairman Sanchez: -- yeah, but I think that the public, once you do that and you close those roads, I think the public deserves a green area, a place where they could, you know, walk out of their homes, maybe sit down and read a book, so I'm glad to see that this project -- Mr. Ferro: Yes, sir. Chairman Sanchez: -- now provides that, because before it did not have, and I don't consider closing an alleyway for doing away with whatever you want to say, but I certainly don't see it as a public purpose, as having an alleyway closed for public purpose. Now, seeing that you have done that, that changes my mind on this project, which I wasn't too thrilled with, but now I see that it's going to be good for that area. Mr. Ferro: Oh, we took your comments to heart. We went to staff -- this site plan went through several changes through design review, and I believe staff is satisfied with the public benefit issue, and we do -- Chairman Sanchez: All right. Mr. Ferro: -- have substantial areas for the public. Chairman Sanchez: Is there anyone in opposition to this item? Hearing none, the public hearing is closed. We go to the Administration. Vice Chairman Gonzalez: I'll move PZ 10. Chairman Sanchez: OK. There's a motion to approve -- Commissioner Regalado: Second. Chairman Sanchez: -- PZ 10. Motion by Vice Chairman Gonzalez, second by Commissioner City of Miami Page 134 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Regalado. 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. PZ.11 04-00572 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 1622 AND 1630 NORTHWEST 22ND AVENUE AND 2210 NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "HIGH DENSITY MULTIFAMILY RESIDENTIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 04-00572 (Version 2) Legislation.pdf 04-00572 & 04-00572a Exhibit A.pdf 04-00572 Analysis.pdf 04-00572 Land Use Map.pdf 04-00572 & 04-00572a Aerial Map.pdf 04-00572 School Board Comments.PDF 04-00572 PAB Reso.pdf 04-00572a May 19, 2004 PAB Reso.pdf 04-00572 & 04-00572a Miami River Commission Analysis.PDF 04-00572 Application & Supporting Docs.pdf 04-00572 FR Fact Sheet 05-26-05.pdf 04-00572-Submittal.pdf 04-00572 FR Fact Sheet 06-23-05.pdf 04-00572-Submittal.pdf 04-00572 SR Fact Sheet.pdf 04-00572-Submittal.pdf 04-00572-Submittal 2. pd f 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. City of Miami Page 135 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 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 Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Allen Absent: 2 - Commissioner Winton and Regalado 12720 Chairman Sanchez: We go to PH.11 [sic]. Simon Ferro: Thank you very much. Commissioner Winton: PZ (planning & zoning), not H. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ -- Vice Chairman Gonzalez: PZ 11. Ms. Slazyk: PZ -- Chairman Sanchez: PZ 11. Ms. Slazyk: -- 11 and 12 are -- Commissioner Winton: You said PH (public hearing). Ms. Slazyk: -- companion items. This is for a land use and zoning change for the property at 1622, 1630 Northwest 22nd Avenue, and 2210 Northwest North River Drive. This is approved on first reading June 23, 2005. The applicant has proffered a covenant. We have reviewed it. We made some recommendations, which were incorporated into the covenant, so we have no further objection. The covenant would run with PZ 12, which is the zoning change. Chairman Sanchez: All right. Commissioner Winton: And the covenant's on height, right? Commissioner Allen: Right. What's the -- Ms. Slazyk: Yeah. Commissioner Allen: -- the significance of the covenant? That's material here. Is it -- ? Ms. Slazyk: Right. The covenant is -- maybe Ben can run through -- Ben Fernandez: Sure. Ms. Slazyk: -- the issues. City of Miami Page 136 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Chairman Sanchez: Well, before we do that. It's an ordinance. Let's get a motion and a second Commissioner Allen: Oh, I'm sorry. Chairman Sanchez: -- for the purpose of discussion. Vice Chairman Gonzalez: I'll move -- Chairman Sanchez: Then we'll open -- Vice Chairman Gonzalez: -- PZ11. Chairman Sanchez: -- it up to the public. Commissioner Winton: Second Chairman Sanchez: All right. There's a motion by Vice Chairman Gonzalez and a second by Commissioner Winton. This item is an ordinance on second reading, requiring public input. Is there anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none -- Commissioner Winton: No, no, somebody's right here. Chairman Sanchez: -- the public hearing is closed. Well, you -- the Miami River Commission? Ashley Chase: Yep. Chairman Sanchez: OK. For support or -- Ms. Chase: Against. Chairman Sanchez: Against, OK. Ms. Chase: Well, it's inconsistent. Chairman Sanchez: OK, inconsistent. OK. Ms. Chase: Should 1 state my name for the record again or -- Commissioner Winton: Yes. Ms. Chase: OK. Ashley Chase, assistant managing director of the Miami River Commission, with offices at 1407 Northwest 7th Street. Once again, 1'd like to read a letter into the record on behalf of our chairperson, Ms. Irela Bague. On May 3, 2004, the Miami River Commission heard a proposal to amend the land use and zoning at 1622 to 1630 Northwest 22nd Avenue from R-2 duplex residential to R-4 high -density multifamily residential, presented by Mr. Ben Fernandez, Bercow Radell. The Miami River Commission unanimously found the proposed amendment to high -density residential in this low -density duplex, two-story upper river residential neighborhood to be inconsistent with the Miami River Corridor Urban Infill Plan. The MRC (Miami River Commission) concurs with the City of Miami Planning Department and the City of Miami Planning Advisory Board in recommending denial of this application, which would spot zone one development area to high -density residential where there is no adjacent high -density zoning or land use, and therefore, would be out of scale and character with the City of Miami Page 137 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 surrounding neighborhood Thank you. Chairman Sanchez: Thank you very much. Mariano Cruz, you're recognized. Mariano Cruz: Mariano Cruz -- Vice Chairman Gonzalez: (UNINTELLIGIBLE) Mariano. Mr. Cruz: -- 1227 Northwest 26th Street. I live in the neighborhood. I go around there to the (UNINTELLIGIBLE) dining room program, and there you get -- what you get there is a Commission -approved Hurricane Cove next door to you, right? And you got Callahan Plaza there full of multifamily units, so it's not duplex only and single-family residential only. I live there, I pay taxes in the City, and I'm in favor of that. Commissioner Allen: You're in favor of it? Vice Chairman Gonzalez: Thank you, Mariano. Commissioner Allen: Yeah. Mr. Chairman -- Chairman Sanchez: OK Commissioner Allen: -- just quickly. Lourdes, yeah -- Ms. Slazyk: Right. Commissioner Allen: -- we aren't just necessarily singling out one developer and benefiting at the -- pursuant to this, are we? Ms. Slazyk: No. There are other high -density res -- high -density zoning within the area, and what this covenant does, it restricts height, it restricts the density, and provides for the liners and the -- the waterfront liners that we would require through the Class II Special Permit process anyway in order to ensure that the view of the upland from the river is protected, so we believe with the conditions of this covenant that there are no objections. Chairman Sanchez: I just want to make sure. I support the project a hundred percent. I just want to make sure that the river walk, as we've already established, is well protected. Ms. Slazyk: Right. What they're -- they're going to require a Class II Special Permit anyway. They -- since they have not designed the project, what we -- Chairman Sanchez: So, it would go on -- Ms. Slazyk: -- tried to do -- Ms. Fernandez: There's no -- Chairman Sanchez: -- would go through -- Ms. Slazyk: Yes. Chairman Sanchez: -- design review? Ms. Slazyk: It's going to go through design review, absolutely. City of Miami Page 138 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Mr. Fernandez: There's a 20-foot setback requirement from the water -- Ms. Slazyk: Right. Mr. Fernandez: -- as well that will ensure that that river walk happens. Ms. Slazyk: Since it wasn't designed yet -- Chairman Sanchez: Right. Ms. Slazyk: -- a project was not designed -- what this covenant does is it sets the envelopes for the project. Chairman Sanchez: All right. Ms. Slazyk: It says how tall you can be, how many units, and what your setback has to be, and that it has to be lined. This is all the things that we're looking for. Chairman Sanchez: All right. Mr. Attorney, could you read the ordinance into the record, followed with a roll call -- followed by a roll call? The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3/0. Chairman Sanchez: All right. PZ -- Vice Chairman Gonzalez: Let me -- Mr. Chairman, if you allow me, I would like to make a statement on this project, and the statement is very simple. This place, as many other sites in my district, has been abandoned, neglected, and forgotten for years and years and years, and I can't understand how come you, without being familiar with the site, without being familiar with the neighborhood without walking through the neighborhood, and seeing the needs of the neighborhood, and the people that reside there that have the same rights as any other residents and taxpayers of the City of Miami, how come -- could you continuously, continuously come to oppose these projects that are bringing prosperity to the district, that are cleaning up the district, that are improving the quality of life of the neighborhood? 1 mean, I can't understand it. I don't -- I can't realize what is the sense of this. It's totally -- this particular site is under a bridge, has been abandoned, and let me tell you, I have been walking that neighborhood for many, many years, when many people that come to oppose this project have never crossed the bridge because it was in the northwest, and that was a forbidden area for some people in this City of Miami. I have been walking that neighborhood, same as I have been walking Overtown and Model City, OK, so I know the area. I know the site. 1 know the need in my district. I know the need in my neighborhood, and I know what the people in my neighborhood are claiming, and they are claiming the right to live on the same conditions as other people in different neighborhoods of the City of Miami. Thank you. Chairman Sanchez: All right. PZ.12 04-00572a ORDINANCE Second Reading City of Miami Page 139 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 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 04-00572a FR Fact Sheet 05-26-05.pdf 04-00572a FR Fact Sheet 06-23-05.pdf 05-00520a SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to R-4 Multifamily High -Density Residential to Change the Zoning Atlas LOCATION: Approximately 1622 and 1630 NW 22nd Avenue and 2210 NW N River Drive APPLICANT(S): 1622 Investment Corp., Castille Group Inc., Patrick Karakadze, Curtis B. Van Sant & Jose A. Rado, Owners APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. MIAMI RIVER COMMISSION: Unanimously recommended denial to City Commission on May 3, 2004. ZONING BOARD: Recommended approval to City Commission on June 14, 2004 by a vote of 8-1. Also recommended approval to City Commission on April 25, 2005 by a vote of 6-3. See companion File ID 04-00572. PURPOSE: This will change the above properties to R-4 Multifamily High -Density Residential. City of Miami Page 140 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 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 12721 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.12 is the companion. This is the one where you'd accept the covenant. Chairman Sanchez: OK. Is there a motion? Vice Chairman Gonzalez: I move it. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Is there a second? Commissioner Allen: Second. Chairman Sanchez: Second by Commissioner Allen. Before we open up the item for discussion, it is an ordinance on second reading, requiring public input. Anyone from the public wishing to address this item, please step forward and be recognized. Yes. Ashley Chase: Commissioner Gonzalez, I do appreciate your concern and your comments. The Miami River Commission found this particular project inconsistent with our plan, and I'm just here to relay the vote, because it is a property in the upper river, and this particular property in the upper river is not consistent with what we called for in the Miami River Corridor Urban Infill Plan. Vice Chairman Gonzalez: Listen, the Miami River is trying to impose a plan decided by a group of people on the Miami River Commission, and they're trying to impose that plan in the -- in my district and in my neighborhood, and that time is over. The time when certain groups in the City of Miami impose their rules and regulations on other neighborhoods of this City, that time is over, OK? Ms. Chase: Sir, we're not trying to -- Vice Chairman Gonzalez: Your plan has not been adopted by this City Commission, by this government, by this City government. Your plan has not been adopted yet. It's a plan that you work. It's a plan that you people approved among yourselves, but it's not an official plan, and 1 have said it, and I keep saying, and I'm going to keep saying it until I turn blue in my face, all right? Ms. Chase: Sir, we're not trying to -- Vice Chairman Gonzalez: Is the record clear? Ms. Chase: It is. Vice Chairman Gonzalez: And let me tell you, you were shaking your head over there. You can shake your head as much as you want; it doesn't bother me. It doesn't affect me. I'm here to do a job. I was selected by those people to do a job for them, and that's what I'm doing, and that's what I'm going to continue to do until l sit in this chair. Ms. Chase: I'm sorry that you feel as though we're trying to impose this plan on you. We're just trying to work in conjunction -- City of Miami Page 141 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Vice Chairman Gonzalez: Which one? Ms. Chase: -- and in unison with the City of Miami. Vice Chairman Gonzalez: You are -- Chairman Sanchez: Thank you. Vice Chairman Gonzalez: -- and you have been -- Chairman Sanchez: All right. Vice Chairman Gonzalez: -- trying to impose -- Ms. Chase: I'm sorry you feel that way. Vice Chairman Gonzalez: -- your ideas and your special interests on my neighborhood, because it's a matter of a special interest, and you're trying to impose your interest and your special interest in my neighborhood. Ms. Chase: Once again, I'm sorry -- Chairman Sanchez: All right. PZ 12, it's a companion item. It's already been debated. I don't think we need any more discussion on that item. Mr. City Attorney, could you read the ordinance into the record, followed by a roll call? Madam Clerk, do you have the maker of the motion and a second -- Priscilla A. Thompson (City Clerk): Yes, you do. Chairman Sanchez: -- on the record? Ms. Thompson: Yes. Chairman Sanchez: All right. Mr. City Attorney, could you read the ordinance into the record? Jorge L. Fernandez (City Attorney): An ordinance of the Miami City Commission amending Ordinance number 10544, as amended, the future land use map -- This is item I I? Unidentified Speaker: Twelve. Ms. Slazyk: Twelve. Mr. Fernandez: Twelve. Chairman Sanchez: Twelve. It's a companion item. Mr. Fernandez: I'm sorry. We've read that one. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk, roll call. Ms. Thompson: Roll call. City of Miami Page 142 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. Chairman Sanchez: All right. Ben Fernandez: Thank you very much. PZ.13 05-00520 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING 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 SR Legislation (Version 2).PDF 05-00520 FR Legislation.pdf 05-00520 Analysis.pdf 05-00520 PAB Reso.pdf 05-00520 FR Fact Sheet.pdf 05-00520-Mod ificatio n. pdf 05-00520 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 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 Vice Chairman Gonzalez, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez 12722 City of Miami Page 143 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Chairman Sanchez: All right. PZ 13, it's an ordinance on second reading. Lourdes Slazyk (Assistant Director, Planning & Zoning): Right. This is the ordinance amending the SD-10 district from the Jackson Memorial Hospital Medical Center Overlay District to the new Medical Health Care Hospital Research Park Overlay District. It's been recommended for approval by the Planning Advisory Board and adopted by the City Commission first reading on June 23. Chairman Sanchez: Is there a motion? Vice Chairman Gonzalez: I move it. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Is there a second? Commissioner Allen: I second that item. Just for a quick -- Chairman Sanchez: Second -- Commissioner Allen: -- discussion item, as well. Chairman Sanchez: -- by Commissioner Allen, for the purpose of discussion. Commissioner Allen you're recognized. Commissioner Allen: Lourdes, if you can correct me, if my recollection serves me, was there an entity that was concerned whether or not they would not be part -- has that been -- Ms. Slazyk: The hotel, yes. What I --1 answered that question, first reading, on the record. If a hotel wants to come in and go over the base FAR (floor/area ratio) within this district, they'd be able to do it by MUSP (Major Use Special Permit). They are not a government or institutional use, so they wouldn't get it without a MUSP. They could still get their increases in FAR; they just have to go through the same process as everybody else. They are not precluded, was the question I was asked at first reading. Commissioner Allen: Right, precisely. Good. Thank you. Chairman Sanchez: All right. It is an ordinance on second reading, requiring a public hearing. Anyone from the public wishing to address this Commission, please step forward and be recognized. Yes, sir. It's a public hearing. Mariano Cruz: PZ 13? Chairman Sanchez: This is PZ 13. Mr. Cruz: Oh, well, but it's about Jackson, too, right? Vice Chairman Gonzalez: Right. Chairman Sanchez: Yes. Mr. Cruz: The -- Mariano Cruz, 1227 Northwest 26th Street. The only thing I want to know, beside medical uses, what other uses will be in there, institutional? Ms. Slazyk: Let me answer that. What the -- what this ordinance does is it allows all uses that are allowed in the office district, but only the government and institutional uses get the increases in FAR and the raised threshold for Major Use Special Permit. Other uses can still be in there, City of Miami Page 144 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 and if they want increases, they have to go through the same process as everybody else. Mr. Cruz: Also, for the -- Commissioner Winton: But I think what he's asking is whether or not they could put another prison in there, is that it, Mariano, or another -- Mr. Cruz: Another prison, or Camillus House. Commissioner Winton: Right. Mr. Cruz: But they have to come to the public, I mean, for a major use permit or whatever it is. Chairman Sanchez: Oh, yeah. Mr. Cruz: They just can't go there and start building. Chairman Sanchez: No. Ms. Slazyk: No. Vice Chairman Gonzalez: No. Ms. Slazyk: No. Mr. Cruz: OK. Ms. Slazyk: They can't just go start building, no. In fact, by going to the office district and only adding the medical uses, I don't believe that they would be allowed any more anyway, so -- but, no, they can't just put a prison there. Commissioner Regalado: But how about hotels? Ms. Slazyk: Hotels are allowed. They're allowed. Chairman Sanchez: All right. Vice Chairman Gonzalez: All right. Chairman Sanchez: Anyone else from the public wishing to address this item? If not, the public hearing is closed, coming back to the Commission. There is a motion and a second. The item is open for discussion. Hearing no discussion, Mr. City Attorney, could you 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. Vice Chairman Gonzalez: Roll call, Madam City Clerk Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. PZ.14 05-00520a ORDINANCE Second Reading City of Miami Page 145 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 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 ADOPTING ORDINANCE; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00520a Legislation.pdf 05-00520a Zoning Map.pdf 05-00520a Aerial Map.pdf 05-00520a PAB Reso.pdf 05-00520a FR Fact Sheet.pdf 05-00520a SR Fact Sheet.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 Regalado, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez 12723 City of Miami Page 146 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Vice Chairman Gonzalez: PZ 14. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.14 is the companion amendment to the atlas. This is also been recommended for approval, and adopted by the City Commission first reading June 23. I just wanted to put one clarification on the record; I said it at the first reading, but I still got questions from somebody. Right now, within the boundaries of this district, there are two SD-19 districts. One of them we're removing and replacing it with the SD-10, but the other one, the one that is outside of the current SD-10 boundaries, that one we're not touching. That one is staying the same, so that being said, I -- we recommend approval. Vice Chairman Gonzalez: All right. Do I have a motion? Commissioner Allen: Yes, a quick motion for clarification purposes, Lourdes. Could you re -explain that again? Ms. Slazyk: OK. They're -- right now, there's an SD-10 Boundary district there. Inside that SD-10, there's an SD-19 overlay that raises the FAR (floor/area ratio). Outside of the current today SD-10 district, there's another little piece of SD-19 that have an FAR of 3.2. We're not proposing to remove that one; we're only removing the other one because we're replacing it with a higher FAR with this new SD-10. Therefore, I just wanted to clardy it because I did get a question about it after first reading and maybe I didn't say it correctly, or maybe it was misunderstood, so I wanted to clam. Commissioner Regalado: I move PZ.14. Commissioner Allen: Second. Vice Chairman Gonzalez: OK. 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? Seeing none, hearing none, the public hearing is closed. We have a motion and we have a second. It's an ordinance. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll -- Vice Chairman Gonzalez: Roll call. Ms. Thompson: -- call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. PZ.15 05-00521 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SPECIAL DISTRICTS, IN ORDER TO AMEND SECTION 627 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. City of Miami Page 147 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 05-00521 Legislation.pdf 05-00521 Zoning Map.pdf 05-00521 PAB Reso.pdf 05-00521 FR Fact Sheet.pdf 05-00521 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 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 ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez 12724 Vice Chairman Gonzalez: PZ15. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 15 is a second reading. This is the clean-up to the Midtown Miami Special District. It's been recommended for approval by the Planning Advisory Board and passed by the Commission on first reading in June. Commissioner Winton: So moved. Vice Chairman Gonzalez: OK. Commissioner Allen: 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. Seeing none, hearing none, the public hearing is closed. Mr. City Attorney, it's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. City of Miami Page 148 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 PZ.16 05-00619 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 ENTIRE BLOCK BOUNDED BY NORTHWEST 6TH AVENUE ON THE EAST, NORTHWEST 7TH AVENUE ON THE WEST, NORTHWEST 8TH STREET ON THE NORTH AND NORTHWEST 7TH STREET ON THE SOUTH, 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. 05-00619 Legislation.pdf 05-00619, 05-00619a & 05-00619b Exhibit A.pdf 05-00619 Analysis.pdf 05-00619 Land Use Map.pdf 05-00619, 05-00619a & 05-00619b Aerial Map.pdf 05-00619 School Board Review.pdf 05-00619 PAB Reso.pdf 05-00619 Application & Supporting Docs.pdf 05-00619 FR Fact Sheet.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 the Entire Block Bounded by NW 6th Avenue on the East, NW 7th Avenue on the West, NW 8th Street on the North and NW 7th Street on the South APPLICANT(S): Lucky Royal, Inc, Owner and Urban River Partners, Inc., Contract Purchaser APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 15, 2005 by a vote of 5-0. See companion File ID 05-00619a. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Urban River Major Use Special Permit project. Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Vice Chairman Gonzalez: PZ 16 is a second -- no, it's a first reading. City of Miami Page 149 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Lourdes Slazyk (Assistant Director, Planning & Zoning): First reading. Vice Chairman Gonzalez: Sorry. Ms. Slazyk: 16 and 17 are actually companion items for land use and zoning change. This is going from industrial to restricted commercial. These land use and zoning change application was filed in conjunction with a MUSP (Major Use Special Permit) for the Urban River project. You'll be seeing that in September. With respect to the land use and zoning change, this is an entire block bounded by 7th Street, 7th Avenue, 8th Street, and 6th Avenue, and it is zoned -- currently zoned industrial. The request is to go to restricted commercial. If you look at your land use and zoning maps in the backup, you'll see that this is an industrial block completed surrounded by other zoning, other than industrial. They have C-2, they have residential around them, and restricted commercial. This is a logical change to this area, and that they are the only industrial block within the area, so it's been recommended for approval by the Planning Advisory Board, and the companion zoning change was also recommended for approval by the Zoning Board. Vice Chairman Gonzalez: All right. Is there anyone in opposition of this item? All right. Yes, sir. Gilberto Pastoriza: Just my name for the record, Gilberto Pastoriza, 2665 South Bayshore Drive. I support staff, and if you have any questions, we're all here. Commissioner Winton: He's just out for a quick -- Mr. Pastoriza: Here, this will show you the industrial piece. Commissioner Winton: And what are you building? Mr. Pastoriza: We're doing a mixed -use project, 577 units, 1 believe; 700 -- 7,700 square feet of retail along Northwest 7th Avenue, and Commissioner Winton, this project has like about 10,000 minipark inside the project at ground level. Our green space is totally -- we exceed the Code requirement, and it's all at ground level, not counting the upper level recreation areas. Ms. Slazyk: You'll see -- Commissioner Winton: So -- Ms. Slazyk: -- the project at the September Commission meeting. Vice Chairman Gonzalez: All right. Commissioner Winton: Yeah. Commissioner Allen:: It's a beautiful project. Commissioner Winton: So moved. Vice Chairman Gonzalez: Do I hear a motion? Commissioner Winton: So moved. Commissioner Allen: Second Vice Chairman Gonzalez: I have a motion and I have a second. I think I opened the public City of Miami Page 150 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 hearing. 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. Mr. City Attorney, it's an ordinance. Commissioner Winton: What community -- what neighborhoods specifically is this in? Commissioner Allen: This is in district -- Commissioner Winton: No, not district, what neighborhood Commissioner Allen: Oh, it's -- Mr. Pastoriza: It's across -- Vice Chairman Gonzalez: Spring Garden. Mr. Pastoriza: -- the street from Spring Garden. Commissioner Allen.: Spring Garden. Mr. Pastoriza: It's on the western edges -- Ms. Slazyk: Yes, it's over 7th -- Mr. Pastoriza: -- of Overtown. Commissioner Winton: I know where it is. Ms. Slazyk: -- but it's -- yeah, it's a half a block off the Seybold Canal, off of 7th. Vice Chairman Gonzalez: Right. Commissioner Allen: Exactly. Commissioner Winton: I know where it is. Ms. Slazyk: Oh. Commissioner Winton: What's the neighborhood called, please? Vice Chairman Gonzalez: The adjacent neighborhood is the Spring Garden. Ms. Slazyk: Overtown? Commissioner Allen: Or Highland Park. Vice Chairman Gonzalez: And Overtown -- Commissioner Winton: No, that's the adjacent. Vice Chairman Gonzalez: -- on the other side. Commissioner Allen: Are you speaking of Highland Park? Mr. Pastoriza: I think it's part of Overtown, Overtown west. City of Miami Page 151 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Allen: Overtown west. Commissioner Winton: I think so, too. Commissioner Regalado: It's Overtown. Mr. Pastoriza: Overtown west. Vice Chairman Gonzalez: Overtown west. Commissioner Winton: That's what I'm trying to -- Commissioner Allen: Yeah -- Commissioner Regalado: It's Overtown. Commissioner Allen: -- right. Commissioner Regalado: It's Overtown. Commissioner Allen: Overtown. Commissioner Winton: That's right. Mr. Pastoriza: Yes, it's Overtown west. Commissioner Winton: That's my point that I'm trying to get somebody to say -- Mr. Pastoriza: Right. Commissioner Winton.' -- this is, in fact -- Vice Chairman Gonzalez: Yeah, you're right. Commissioner Allen: Right. Commissioner Winton: -- technically, a part of Overtown -- Vice Chairman Gonzalez: Sixth Avenue is Overtown. Commissioner Allen: Exactly. Ms. Slazyk: I think you're right. Commissioner Winton.' -- and this is an area that's had virtually no development, and this is the kind of project that 1 think is very good for that part of the neighborhood area that hasn't had any real development and can -- Ms. Slazyk: Yes. Commissioner Winton: -- make things begin to change -- Ms. Slazyk: Absolutely. City of Miami Page 152 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Winton: -- in the appropriate way. Ms. Slazyk: And the -- Commissioner Allen: Absolutely. Vice Chairman Gonzalez: All right. Ms. Slazyk: -- industrial zoning of this block surrounded by everything else, just really -- this is cleaning that up. Commissioner Allen: Yes. Vice Chairman Gonzalez: All right. Commissioner Winton: You're welcome -- Vice Chairman Gonzalez: Mr. City Attorney. Commissioner Winton: -- for the (UNINTELLIGIBLE). Mr. Pastoriza: Thank you. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. PZ.17 05-00619a ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 23, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "I" INDUSTRIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY THE ENTIRE BLOCK BOUNDED BY NORTHWEST 6TH AVENUE ON THE EAST, NORTHWEST 7TH AVENUE ON THE WEST, NORTHWEST 8TH STREET ON THE NORTH AND NORTHWEST 7TH STREET ON THE SOUTH, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading City of Miami Page 153 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 05-00619a Legislation.pdf 05-00619, 05-00619a & 05-00619b Exhibit A.pdf 05-00619a Analysis.pdf 05-00619a & 05-00619b Zoning Map.pdf 05-00619, 05-00619a & 05-00619b Aerial Map.pdf 05-00619a ZB Reso.pdf 05-00619a Application & Supporting Docs.pdf 05-00619a FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from I Industrial to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately the Entire Block Bounded by NW 6th Avenue on the East, NW 7th Avenue on the West, NW 8th Street on the North and NW 7th Street on the South APPLICANT(S): Lucky Royal, Inc, Owner and Urban River Partners, Inc., Contract Purchaser APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on May 23, 2005 by a vote of 7-0. See companion File ID 05-00619. PURPOSE: This will change the above properties to C-1 Restricted Commercial for the proposed Urban River Major Use Special Permit project. Motion by Commissioner Winton, seconded by Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Vice Chairman Gonzalez: OK. PZ.17, it's first reading. Lourdes Slazyk (Assistant Director, Planning & Zoning): This is a companion, right. This is the companion zoning change item, also recommended for approval. Commissioner Winton: So moved. Vice Chairman Gonzalez: All right. We have a motion. Chairman Sanchez: Second. Vice Chairman Gonzalez.: And we have a second. Anyone from the public that wishes to address the Commission, please come forward. Seeing none, hearing none, the public hearing is closed. Mr. City Attorney, it's an ordinance. Jorge L. Fernandez (City Attorney): Yes. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 154 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Vice Chairman Gonzalez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance -- Gilberto Pastoriza: Thank you. Ms. Thompson: -- has been passed on first reading, 5/0. Mr. Pastoriza: Thank you. PZ.18 05-00620 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 PROPERTY LOCATED AT APPROXIMATELY 2215 NORTHWEST 14TH 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. 05-00620 Legislation.pdf 05-00620 & 05-00620a Exhibit A.pdf 05-00620 Analysis.pdf 05-00620 Land Use Map.pdf 05-00620, 05-00620a & 05-00620b Aerial Map.pdf 05-00620 & 05-00620a Miami River Comm Comments.pdf 05-00620 School Board Review.pdf 05-00620 PAB Reso.pdf 05-00620 Application & Supporting Docs.pdf 05-00620 FR Fact Sheet.pdf 05-00620-S u bm itta 1. pdf 05-00620-Submittal 2. pd f 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 2215 NW 14th Street APPLICANT(S): Riverside 22 Investments, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: Made a motion on May 23, 2005 to find the proposed Coastal on the River project consistent with the Miami River Corridor Urban lnfill Plan, which failed due to a tie vote of 5-5. City of Miami Page 155 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 15, 2005 by a vote of 5-1. See companion File ID 05-00620a. PURPOSE: This will change the above property to Restricted Commercial for the proposed Coastal on the River Major Use Special Permit project. Motion by Commissioner Allen, seconded by Vice Chairman Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen Direction to the Administration by Commissioner Winton to study ways to create zones with compatible uses, if at all possible, to avoid spot zoning. Vice Chairman Gonzalez: PZ 7 -- I'm sorry. Lourdes Slazyk (Assistant Director, Planning & Zoning): 18. Commissioner Allen: 18. Vice Chairman Gonzalez: 18. Ms. Slazyk: PZ.18 and 19 are also companion items for a land use and zoning change. This is for the property at 2215 Northwest 14th Street. This is also part of a Major Use Special Permit for the Coastal on the River project, which you will be seeing in September. The land use and zoning change from industrial to restricted commercial with the companion zoning change to C-1 was recommended for approval by the Planning Advisory Board, and approval by the Zoning Board, and also recommended for approval by the Planning Department. Commissioner Allen: I make -- I move the item, Mr. Chairman. Vice Chairman Gonzalez: And I'll second it. Chairman Sanchez: All right. There's a motion on PZ.18 and a second. The motion is made by Commissioner Allen, and Vice Chairman Gonzalez -- Commissioner Winton: What are we doing here? Commissioner Allen: We're -- Commissioner Winton: Lourdes. Commissioner Allen: -- changing -- Jorge L. Fernandez (City Attorney): PZ 18. Commissioner Winton: Lourdes. Chairman Sanchez: Yes. Commissioner Winton: Lourdes, what are we doing here? Ms. Slazyk: This is a land use and a zoning change from industrial to restricted commercial with C-1 zoning. This is part of a MUSP (Major Use Special Permit) for the Coastal on the River project. The MUSP will be here in September. The land use and zoning change need two City of Miami Page 156 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 readings, so they're up -- they always reach you a month before the MUSP does, so at second reading is where you'll see the project. This is on the -- along 22nd Avenue, 2215 Northwest 14th Street. Vice Chairman Gonzalez: That is -- Commissioner Allen: That's your district. Vice Chairman Gonzalez: -- approximately across the street from the -- Ms. Slazyk: The one that was just adopted earlier. Vice Chairman Gonzalez: -- Miami -- from the Police Benevolent park -- Commissioner Allen: Right. Vice Chairman Gonzalez: -- on 14th Street. Commissioner Winton: But on that side of the street, it's got all industrial around there. Lucia Dougherty: Well, I can address that. Vice Chairman Gonzalez: No. Commissioner Winton: No? Well, that's what this aerial shows. Vice Chairman Gonzalez: We only have one company there. I believe it's a company that repairs trucks and buses, and 1 can't remember -- Commissioner Winton: OK Vice Chairman Gonzalez: -- the name of the company -- Detroit Diesel. Unidentified Speaker: Detroit Diesel. Ms. Dougherty: Lucia Dougherty -- Chairman Sanchez: All right. Ms. Dougherty: Excuse me. Chairman Sanchez: Could you go ahead with the presentation? Ms. Dougherty: Certainly. Lucia Dougherty, with offices at 1221 Brickell Avenue, here today on behalf of the owner and the applicant; with me is Patrick Range, my colleague, as well as Tony Acosta, who is a principal. The property's located -- I'm going to -- I don't know if you can all see this the same time, but the property is located directly west of the 22nd Avenue Bridge. It's the little orange piece right here. The property that was just rezoned is across the river. Before you shake your head, Mr. Commissioner, 1 want to tell you something, that the property immediately abutting this property is called Detroit Diesel. It is a marine industrial (INAUDIBLE) zoned property. There is not a single marine industrial -- there's not a single marine engine that is repaired on that site. In other words, it is a fabulous facility that doesn't run 24 hours a day. Commissioner Winton: You got to hold the thing -- City of Miami Page 157 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Ms. Dougherty: Thank you. Commissioner Winton: There you go. Ms. Dougherty: It's a great facility, but it only repairs buses and vehicular engines. You cannot even get a marine engine repaired in that facility. You have to actually call them -- if you call them, they'll take you to Fort Lauderdale to actually repair, so on the north side of the river, between 22nd Avenue and 27th Avenue, there is no marine industrial at all. On the south side, you have this one, which has been vacant, from my understanding, for about ten years, with the exception of a machine facility. I'm going to show you the site. Actually, that's across the street. Here's the Detroit Diesel, which is the bus repair facility. I don't think I have it here, but anyway, immediate -- this is that facility. It's not going anywhere, but it's not a marine facility. It doesn't even need to be on the water. In fact, there's no davits -- Commissioner Winton: No, it's industrial. Ms. Dougherty: -- to bring anything out of there. Huh? Commissioner Winton: It's industrial. Ms. Dougherty: Yes, but it is compatible with what we're going to provide here, which is affordable -- market rate affordable housing, with a Major Use Special Permit, so again, it is adjacent to -- it's in Allapattah. It is adjacent to the Civic Center. It is a place where you need residential. It is a place where -- currently, there are no more than 450 units available at any given time. Immediately abutting it is a marine industrial site that has been -- that continues to be marine industrial. This property here is your River Run that you rezoned, and it's currently under construction. It's a residential project. Right here, which is immediately abutting that property, so there is no marine industrial uses on this side of the river at all, with the exception of this one little project right here, or facility, which I don't think there's any marine industrial use going on. While it is zoned marine industrial, there isn't any marine industrial use, so we would urge your approval for this rezoning on first reading. Tucker Gibbs is here representing, I believe, Antillean Marine, which is across the river (INAUDIBLE) site, if you just look at it right here, Commissioner. Commissioner Winton.: I'm looking at an aerial here. Ms. Dougherty: OK. Anyway, he represents somebody. He's here to put on the record that he objects, and that, at the next hearing, we would have a full presentation on -- Chairman Sanchez: That's fair. Ms. Dougherty: -- the Major Use Special Permit and the -- Chairman Sanchez: That's more than fair. This is first reading. We could give it more time and more resources in the second meeting, so why don't we go ahead and put that on the record. Tucker Gibbs: OK. My name is Tucker Gibbs, law offices at 215 Grand Avenue. I represent Prestige Investments, which owns the property at 2199 South River Drive, and I also represent the Miami River Marine Group. We're just putting on today -- on the record that we object to both the land use change and the zoning change, and we'll be here on -- in September to put on our presentation. Chairman Sanchez: All right. It's an ordinance requiring a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Mariano Cruz, City of Miami Page 158 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 you're recognized. Mariano Cruz: Right, 1227 Northwest 26th Street, Rosa and I go by that property down there every week. I know all the 14th Street being nice, fixed completely, right? And, you know, people on the east side there, at the Durham Park neighborhood, I got many friends I go there and visit. They all in favor of the change of zoning because if you go to 2199 River Drive, now they are being a little better neighbors, but before, when it was Antillean Marine, now they changed the name. It used to be really, really bad neighbors. Industrial right there, and that was done years ago when there were deals in City Hall. They were able to build that property into an industrial, a container site, where they were working night and day, loading and unloading boats there in the river. Now, I would rather see that there because if you go a little bit west, you got that property that people (UNINTELLIGIBLE) -- I remember the name because I went there (UNINTELLIGIBLE). Florida Job (UNINTELLIGIBLE) have been closed for many years and nobody has bought it; it's still there, so there's plenty of marine property on the river. I don't know what is the ulterior motive of all these oppositions to us, people that live in the City building and having things within the City limits. Because like I have chose to stay in Allapattah for 40 years, while other people move to -- Commissioner Winton: You don't have to yell at me. Mr. Cruz: -- my family, you know. Forty years they live in Allapattah; I'm still here. My children were raised there. Well, my family, you know, Pinecrest -- Commissioner Winton: I think your -- Mr. Cruz: -- Palmetto Bay, Kendall -- Commissioner Winton: Mariano, I think your two minutes are up. Mr. Cruz: Huh? Commissioner Winton: I said I think your two minutes are up. Mr. Cruz: OK, my two minutes are up. Commissioner Allen: They're coming back. Mr. Cruz: OK, but that's all right. I just get -- to get something in there, that the neighbors are for the change of zoning. Chairman Sanchez: All right. Is there anyone else from the public wishing to address this item? Please step forward and be recognized. Agustin Abalo: Hi. Good afternoon. Gus Abalo, 1700 Northwest North River Drive. I have with me close to 120 signatures of residents in the neighborhood all in favor of this project. Chairman Sanchez: Could you give them to the Clerk's Office, please? Mr. Abalo: Yes, sir. Additionally, I'd like to mention that the -- Priscilla A. Thompson (City Clerk): Wait. Commissioner Winton: No, no. Don't talk now. You got to wait till you get to the microphone. You give those to her. City of Miami Page 159 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Chairman Sanchez: No, you could -- Commissioner Winton: Yeah, but talk at the microphone. Mr. Abalo: Yes, sir. Chairman Sanchez: That way it's on the record Mr. Abalo: OK. We're all greatly in favor of this project. I live about five blocks from this, and in the couple years that I've lived in the neighborhood, as we're starting to see the investment in our community, the neighborhood really is changing, and there's a market change for the better, and we'd really like for this to continue. Additionally, at the Zoning Board meeting, we had the president of the homeowners association for Isla Del Mar, which is a 200-unit community directly across the river from this project. They're all in favor of this project, as well; as well as a couple of members of Durham Park, so on and so forth. We respectfully request your approval on this item. Chairman Sanchez: All right. Anyone else? Mr. Abalo: Thank you. Fernando Menendez: Good afternoon. My name is Fernando Menendez, 2081 Northwest South River Drive. I currently have property in that neighborhood. I've had it for quite some time. I am in favor of this project. 1 believe all the new construction that's going on in the neighborhood has helped increase property values, and I'm in favor for property -- for projects that will increase property values for that neighborhood. That's it. Chairman Sanchez: Thank you. Ashley Chase: Ashley Chase, assistant managing director of the Miami River Commission, with offices at 1407 Northwest 7th Street. I'd like to read a letter into the record on behalf of our chairperson, Ms. Irela Hague. On April 4, 2005, the Miami River Commission heard the Coastal on the River Major Use Special Permit, including the proposed land use and zoning amendments, presented by Ms. Lucia Dougherty, Greenberg Traurig, and Mr. Ed Llorca, Mouriz Salazar Architects. The MRC's (Miami River Commission) motion to find the proposal consistent with the Miami River Corridor Urban Infill Plan failed by a tie vote of 5/5. Thank you. Chairman Sanchez: It was a tie vote, 5/5? Ms. Chase: 5/5. Chairman Sanchez: OK. All right. Anyone else? If not, the public hearing is closed at this time, coming back to the Commission. I believe there's a motion already and a second for the purpose of discussion. Vice Chairman Gonzalez.: I think, as the Commissioner -- as the district Commissioner -- I'm sorry. As the district Commissioner, the only thing that I want to add is that this parcel of land has been vacant for at least, that 1 can remember, four and a half years, at least. There was a company operating there. I can't remember what the use -- what the company used to do, but it went in bankruptcy. Then the property went in some type of litigation, I heard, and the property has been vacant. What you see there now is containers full of graffiti, a couple of structures full of graffiti. The grass has grown up; an abandoned site. An abandoned site -- even though this site is next to the bridge, it's an abandoned site at the entrance of a neighborhood that composes from 22nd Avenue to 27th Avenue, from 13th Street to 17th Street. The City of Miami has spent, City of Miami Page 160 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 I don't know how much money, but over $2 million on doing all of the roads in this neighborhood, sidewalks, infrastructure improvements to better this community and this neighborhood, and this site is an eyesore in that community at this time. Thank you. Chairman Sanchez: All right. Commissioner Winton, you're recognized. Commissioner Winton: Let me tell you what my initial concern was, just in looking at the aerial here. My initial concern was about the conflict in uses because, regardless of what they're repairing at Detroit Diesel -- what's the -- Vice Chairman Gonzalez: Detroit Diesel. Commissioner Winton: -- Detroit Diesel, it's still relatively heavy industrial use, and it's noisy, and they work at night, and then you've got -- is it Antillean across the -- on the other side of the street? Vice Chairman Gonzalez: Antillean is on the other side of the river. Commissioner Winton: Oh, what's the one -- Vice Chairman Gonzalez: I don't know if you remember -- Commissioner Winton: -- right here on the same side of the river, on the south side of the bridge. Vice Chairman Gonzalez: It's on the other side of the bridge, I'm sorry; on the same side of the river -- Commissioner Winton: Oh, OK. That's what I -- Vice Chairman Gonzalez: -- on the other side of the bridge. Commissioner Winton: Yeah, and so I was looking at that use also, so you were going to -- here is what 1 was concerned about. 1 was concerned that -- because you're going to have to deal with it. You build a residential complex there, sandwiched between two industrial complexes -- Vice Chairman Gonzalez.: Right. Commissioner Winton: -- and the battles are going to be wild. Now, what seems to me we need to do is make a bigger decision here, and staff needs to do it. Ifyou're going to rezone this site -- and as far as I'm concerned, you need to look at a zone up through here. Putting this residential component between two industrial uses is going to be a nightmare, so if you're going to do this one, you got to do a bunch of them because if you don't -- and 1 don't know what the bunch is. I don't know if it's three, or four, or five, but it's -- because I'm looking here also -- on the south side -- open -- if you open your book and look at the aerial, on the south side of Antillean, this is the one that's up against that residential neighborhood, single-family residential neighborhood that probably should have never been there in the first place. Vice Chairman Gonzalez: Which one is that? Commissioner Winton: If you -- Vice Chairman Gonzalez: You're talking about Hurricane Cove? Commissioner Allen: You're talking about -- right. City of Miami Page 161 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Winton: This here -- here's the single-family -- Vice Chairman Gonzalez: Right. Commissioner Winton.' -- neighborhood. Vice Chairman Gonzalez: OK. Commissioner Winton: This is the (UNINTELLIGIBLE). Vice Chairman Gonzalez: This is Antillean Marine. Commissioner Winton: OK, so here's my point. My point is that, just in terms of land use compatibility, I'm suggesting if you're going to convert this to a residential use that's between two industrial uses -- because it isn't a question of what's there today. The use allows anything to come tomorrow, and industrial and residential are incompatible uses, terribly incompatible uses, and it isn't any more fair to put families in affordable housing on that site than it is anybody else, so if we're going to convert that one, I'm simply saying, then we need to be looking at a bigger picture and create a zone where you have compatibility. That's all I'm saying. Vice Chairman Gonzalez: Yeah, I -- Ms. Dougherty: I -- Vice Chairman Gonzalez: -- understand what -- your concerns, but Detroit Diesel is a business that operates -- I believe it is from 8 o'clock in the morning till 5 o'clock in the afternoon because when I go home, I go by the site, and I see them closing, and also, they work on Saturdays until noontime. It's contrary to the problem that we had at one time with Antillean Marine, that was what motivated the ordinance, the noise ordinance, and I don't know if you remember the public hearings and all that. Commissioner Winton: I absolutely remember them. Vice Chairman Gonzalez:: Antillean Marine was running an operation that was running at some times even 24 hours, right next to -- Commissioner Winton: Yeah, exactly. Vice Chairman Gonzalez: -- this residential neighborhood, on the patios of these people. Thanks God they realized -- and this could have been avoided if they would have been, like Mariano said, good neighbors from the beginning, and put their -- some sense into their minds, everything could have been avoided. All they had to do was move the operation of the containers next to the bridge and away from the houses, and the problem has been solved. There hasn't been any more complaints. They are running their business as usual, no problems. The neighbors have some peace and quiet, and they are -- you know, they're living together without any problems, and that could have been avoided. All of that conflict could have been avoided if they would have listened when we started talking to them; Code Enforcement talked to them and everybody talked to them, but they refused to listen until we came before the Commission and we talk about a noise ordinance, and when they see what we saw, that we were being serious about it, then they decided to change the way they operated. Commissioner Winton: But the issue isn't how it's operating today. The issue is about what our Code allows in the future, and we all know that an industrial code next to a res -- I mean, industrial use -- not marine, non -marine industrial use or a marine industrial use next to a City of Miami Page 162 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 residential use, those are incompatible uses, just from a long-term planning standpoint, so I'm just simply saying I think we ought to do one or two things. We should either not do this one, or we should require staff to look at and figure out how you link up the appropriate number and do a number so that you end up with a zone of compatible uses, and that's all I'm saying. Either do three, or four, or five of them, or do none. Chairman Sanchez: All right. Why don't we go ahead and approve it on first reading? We always could have second reading. I think we've debated it. Vice Chairman Gonzalez: I agree with -- Commissioner Winton: Yeah, and I'm with you. Vice Chairman Gonzalez: -- what you're saying, and I think that that's a great idea. Lourdes, why don't you look into Commissioner Winton's suggestion, and then, you know, let me know what you have found out and which way we can address it. Chairman Sanchez: All right. Any further discussion on this item? If not, there's a motion and a second. It's a PZ (planning and zoning) item, an ordinance on first reading. Mr. City Attorney, could you read the ordinance into the record? Mr. Fernandez: Yes. Chairman Sanchez: Followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chairman Sanchez: Madam Clerk. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading -- Chairman Sanchez: On first reading. Ms. Thompson: -- 5/0. PZ.19 05-00620a ORDINANCE 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 "SD-4" WATERFRONT INDUSTRIAL DISTRICT TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2215 NORTHWEST 14TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading City of Miami Page 163 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 05-00620a Legislation.pdf 05-00620 & 05-00620a Exhibit A.pdf 05-00620a Analysis.pdf 05-00620a & 05-00620b Zoning Map.pdf 05-00620, 05-00620a & 05-00620b Aerial Map.pdf 05-00620 & 05-00620a Miami River Comm Comments.pdf 05-00620a ZB Reso.pdf 05-00620a Application & Supporting Docs.pdf 05-00620a FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from SD-4 Waterfront Industrial District to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 2215 NW 14th Street APPLICANT(S): Riverside 22 Investments, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: Made a motion on May 23, 2005 to find the proposed Coastal on the River project consistent with the Miami River Corridor Urban Infill Plan, which failed due to a tie vote of 5-5. ZONING BOARD: Recommended approval to City Commission on May 23, 2005 by a vote of 7-1. See companion File ID 05-00620. PURPOSE: This will change the above property to C-1 Restricted Commercial for the proposed Coastal on the River Major Use Special Permit project. 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: All right. PZ 19 -- Lucia Dougherty: Thank you. Chairman Sanchez: -- is a companion item to 18. It's an ordinance on first reading. Is there a motion? Vice Chairman Gonzalez.: I'll move it. Chairman Sanchez: There's a motion by Vice Chairman Gonzalez. Is there a second? Commissioner Winton: Second. Chairman Sanchez: Second by Commissioner Winton. Any discussion on the item? If not, it's a public hearing. Anyone from the public wishing to address this item, step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. At this time, there's no further discussion from the Commission on first reading. City of Miami Page 164 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 I'm sure it'll have discussion on second reading. Therefore, Mr. City Attorney, could you read the ordinance on second reading into the record, followed by a roll call. Jorge L. Fernandez (City Attorney): An ordinance of the Miami -- Chairman Sanchez: First reading. It's first reading. I apologize. First reading. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. PZ.20 04-00720 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT APPLICATION PURSUANT TO ARTICLES 5, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE CENTURY PLAZA (FKA OCEAN PALACE) PROJECT, TO BE LOCATED AT APPROXIMATELY 850 LE JEUNE ROAD AND 865 NORTHWEST 43RD AVENUE, MIAMI, FLORIDA, TO CONSTRUCT A MIXED -USE TWO -BUILDING DEVELOPMENT OF APPROXIMATELY 74 FEET AND 7 STORIES IN HEIGHT; CONSISTING OF APPROXIMATELY 324 UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 7,994 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 664 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 165 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 04-00720 OLD Outside Cover.PDF 04-00720 Table of Contents.PDF 04-00720 Article I - Project Infomiation.PDF 04-00720 Article II - Project Description.PDF 04-00720 Survey.PDF 04-00720 Site Plan.PDF 04-00720 Architectural and Landscape Drawings.PDF 04-00720 Traffic Impact Analysis - Part I.PDF 04-00720 Traffic Impact Analysis - Part II.PDF 04-00720 Site Utility Study.PDF 04-00720 Economic Impact Study.PDF 04-00720 Minority Construction Employment Plan.PDF 04-00720 Legislation (Version 2).pdf 04-00720 Exhibit A.pdf 04-00720 Exhibit B.pdf 04-00720 MUSP Analysis.pdf 04-00720 Zoning Map.pdf 04-00720 Aerial Map.pdf 04-00720 Miami -Dade Aviation Dept Ocean Palace Review.pdf 04-00720 Design Review Comments.pdf 04-00720 Miami -Dade Aviation Dept Century Plaza Review.pdf 04-00720 Special Exception Fact Sheet.pdf 04-00720 Special Exception Analysis.pdf 04-00720 May 23, 2005 ZB Reso.pdf 04-00720 May 10, 2004 ZB Reso.pdf 04-00720 School Board Review.pdf 04-00720 June 15, 2005 PAB Reso.pdf 04-00720 June 16, 2004 PAB Reso.pdf 04-00720 MUSP Fact Sheet.pdf 04-00720 Outside Cover.PDF 04-00720-Submittal.pdf 04-00720-Submittal 2.pdf REQUEST: Major Use Special Permit for the Century Plaza (FKA Ocean Palace) Project LOCATION: Approximately 850 NW Le Jeune Road and 865 NW 43rd Avenue APPLICANT(S): Century Homebuilders of South Florida, LLC APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended denial to City Commission on June 16, 2004 by a vote of 7-0 of the Ocean Palace Project. Recommended denial due to a motion to approve, which failed, constituting a recommendation of denial to City Commission on June 15, 2005 by a vote of 3-3 of the Century Plaza Project. ZONING BOARD: Recommended approval with conditions* of special City of Miami Page 166 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 exceptions for the Ocean Palace Project to City Commission on May 10, 2004 by a vote of 9-0. Recommended approval with conditions* of a special exception for the Century Palace Project to City Commission on May 23, 2005 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow the development of the Century Plaza (FKA Ocean Palace) project. Motion by Vice Chairman Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0487 Chairman Sanchez: All right. PZ.20. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.20 is a Major Use Special Permit for the Century Plaza project. As you may recall, this originally came before you as the Ocean Palace project. The project has gone back for redesign, and it is before you today. It is consisting of approximately 324 units, with recreational amenities; 7,994 square feet of retail, and approximately 664 parking spaces. What 1 -- it's been recommended for approval with conditions by the Planning Department. There was a tie vote on this at the Planning Advisory Board, which constitutes a recommendation of denial. There is one clarification I just wanted to add into the record. In the conditions, the very first condition of all the Major Use Special Permits is that the applicant must meet all applicable building codes, land development regulations, ordinances, and other laws, and pay all applicable fees due prior to the issuance of a building permit. I want to add for the record -- it's just a clarification on this point -- that this includes obtaining all required approvals from Miami -Dade County. Chairman Sanchez: All right. Vice Chairman Gonzalez: There is no opposition. Chairman Sanchez: Sir -- is there any opposition on this item? There is one opposition. Vice Chairman Gonzalez: The airport. Chairman Sanchez: All right. Sir, you'll have an opportunity to speak on the item when we open it up to the public. At this time, counsel, you may proceed with your presentation. Gilberto Pastoriza: Good afternoon, Mr. Chairman, members of the Commission. My name is Gilberto Pastoriza, 2665 South Bayshore Drive. I'm here on behalf of Century Homebuilders of South Florida. With me tonight is Mr. Sergio Pino, the principal of Century Homebuilders, Mr. Allen Cordoves -- Alberto Cordoves, who's our architect. We also have Richard Eichinger, our traffic engineer, and Tom Schlosser, our economist. Commissioners, you may recall that we appeared before you -- back in April 16, 2004, we filed an original Major Use Special Permit application for a project that was then known as Ocean Palace. We appeared before you on September 24, 2004, and needless to say, the reception was not very favorable, and 1 would just like to -- so that -- for purposes of comparison, we basically followed your instructions. You were loud and clear in telling us, go back, reduce the density on this project, redesign this project, and then come back before us. Chairman Sanchez: See, we do tell people to go back to the drawing board. City of Miami Page 167 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Mr. Pastoriza: You sure do, so Mr. Pino came along. Mr. Pino hired Mr. Cordoves as the architect, and just so that you -- to bring you back some memories. We had a project that had 400 units, had five buildings that were like -- OK, and now we have a project that has 324 units, so it's about a 20 percent reduction in the number of units. The buildings now have totally been reconfigured. We now have two buildings that form a "U"; one where the buildingfronts on 43rd, the other buildingfronts on 42nd Avenue. This is our 42nd Avenue facade on the building. The project exceeds the landscaping requirements; it exceeds parking. It has a -- it has been very well received by the Internal Design Review Board, the Urban Development Review Board. Your Code allows, in the C-2 and in the restricted commercial, it allows multifamily residential up to 150 units to the acre. We're here at 74 units to the acre. It -- we have letters that I would like to put into the record, both from Miami -Dade County Aviation and from the FAA (Federal Aviation Administration), but just so that you know, both the FAA has cleared this project at a height of 74 feet, and so has the Miami -Dade County Aviation. Chairman Sanchez: But one of the conditions here that it has to be approved by the County, right? Mr. Pastoriza: Yes. Chairman Sanchez: OK. Mr. Pastoriza: If that needs to be. Chairman Sanchez: tilt needs to be. Mr. Pastoriza: Right. Real quick -- because I would like to reserve most of my time for rebuttal. Chairman Sanchez: All right. Fine. All right. Is there anyone in opposition? Sir, state your name and address for the record Bruce Drum: Yes. Good afternoon. I'm Bruce Drum, assistant aviation director for operations with the Miami -Dade Aviation Department, and I have a short, very short PowerPoint presentation. I'd like to -- cause I need to show the relationship of the proposed development and the airport. Chairman Sanchez: OK. Mr. Drum: While she's powering up and getting it on your screen there, I'd just like to add a little point that the -- reference to the Aviation Department approving it was only one aspect of that, and that was the height, and the FAA reference is also the same thing. The building height allowance, with the current ordinance that's in place in that area, is 74 feet, and that is what that letter is referencing. What I'm here today is to talk about the land use compatibility issue that 1'd like to bring to your attention. We're now on your screen, hopefully, and -- Commissioner Allen: OK, wait. Chairman Sanchez: Wait, wait. Commissioner Allen: Mr. Chairman, so what you're saying -- Chairman Sanchez: So we're not -- you're not discussing -- your concern isn't the density? Mr. Drum: No, sir. I'm here to say -- City of Miami Page 168 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Allen: The land usage. Chairman Sanchez: The land use? Mr. Drum: -- how it's being used in reference to the Miami -Dade County Miami International Airport Zoning Ordinance. Commissioner Allen: Oh, I see, so the -- but the height, according to the FAA -- Chairman Sanchez: It's not an issue. Commissioner Allen: -- is not an issue. Commissioner Winton: Oh, here we go. Mr. Drum: Height is not an issue. I'm not here to speak on the -- Commissioner Winton: Here we go. Mr. Drum: -- height. The Aviation Department is OK with the height. It meets all FAA and -- Chairman Sanchez: Oh. Mr. Drum: -- current zoning as far as the height proposed. Chairman Sanchez: All right. Mr. Drum: I just want to make that point. We're not in dispute -- Commissioner Winton: Here we go. Mr. Drum: -- of that. OK. This is a photo view from where the Ocean Bank roof is currently located. It's approximately how this building would look back towards the airport, which you can see in the back there. Another view of the proposed site for the Century Plaza on LeJeune Road. Another shot of it; again, it's 850 Northwest LeJeune Road. Again, there is the reference to 74 feet, and that is within the allowable limits. OK, going quickly to the next one, this is the reference of why I'm here, and why the Aviation Department objects. This proposal is in -- contained within the -- what we call the OSZ (Outer Safety Zone), and that is referencing -- and I'll give you a definition here in a few minutes. That's the outer safety zone. I'll read that into the record in the next couple slides here. It's approximately one mile, or .99 mile from the end of that green runway, which is known as Runway 12-30. Basically, these are safety zones, as prescribed in our Miami International Airport Zoning Ordinance, that does protect the height and also the land use around Miami International Airport. OK, there's another what I just said. Again, another view showing all of the green runways, and again, where that location is. I might add, it's right on the centerline for the runway. OK, let's go to the heart of the definition, that would be the next one. I'd like to read it into the record. Again, that OSZ stands for Outer Safety Zone. It's defined in the MIA (Miami International Airport) Zoning Ordinance, which is currently in effect, as the following -- and I've underlined for emphasis, new residential construction, educational facilities, excluding aviation -related schools, and buildings for public assembly in excess of 1,000 persons are prohibited within this zone, referencing the OSZ. It is provided, however, that the prohibition on buildings for public assembly shall not apply to hotels, motels, or hospitals and their ancillary uses. Additional, the prohibition on buildings for public assembly, as provided herein, shall not apply to structures used in connection with public transportation. There shall be no variance pertaining to the residential and educational uses prohibited herein, nor any variance permitted -- used for public assembly, other than permitted City of Miami Page 169 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 in this paragraph, and the next one just shows again the land use, and that's red, and that is currently zoned for shopping centers, commercial (UNINTELLIGIBLE). Other words, I would not be here today if the proposal was for a commercial building. I'm here today to inform you that since it's a residential proposal, it is counter to what the current zoning ordinance is all about. Commissioner Allen: Yeah. Mr. Chairman, if I may quickly -- Commissioner Regalado: Mr. Chairman. Commissioner Allen: -- ask a quick question. Chairman Sanchez: Well, hold on because this is going to get very interesting. All right, so we'll start -- I think every Commissioner's going to speak on this item. Commissioner Allen: Yeah, I just got a quick question. Chairman Sanchez: Commissioner Allen, you're recognized. Commissioner Allen: Yeah, and this is more with Legal. Based on the OSZ -- Mr. Drum: Yes, sir. Commissioner Allen: --1 believe it's an ordinance that the gentleman just mentioned -- is there such a thing as that, if you will, preempting what we can do here at the City? Land use -- Jorge L. Fernandez (City Attorney): No. Commissioner Allen: OK. That answers my question. Chairman Sanchez: That answers your question? Commissioner Allen: Yeah. Chairman Sanchez: Commissioner -- well, before we do that, is there anyone else from the public which wants to speak on this item? All right. No one else. Now, Commissioner Allen, you've had an opportunity. Commissioner Gonzalez. No? Vice Chairman Gonzalez: No. Chairman Sanchez: Commissioner Regalado. The Chair will be last. Commissioner Regalado: Your concern, it's only a name, right? Mr. Drum: It's only a name, sir? Commissioner Regalado: Yes, residential or office. Mr. Drum: That would more probably be termed land use, how you use that land. Commissioner Regalado: OK, because your concern is not about people because next to the site, you have a hotel with banquet facilities. I have attended meetings at night when you have all the departures from that runway, and there are about 500 to 600 persons. Across the street, you have the Marriott Hotel, which is exactly on the line of the runway, where you have the biggest banquet facilities and convention in west of 12th Avenue, and -- from the Civic Center, City of Miami Page t 70 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 and to the Palmetto, until the Radisson -- Mr. Drum: Right. Commissioner Regalado: -- (UNINTELLIGIBLE) is located, so the issue is not about safety of the people because there are more people congregated on convention and the Marriott hotel at one -- any given time than all the people that could live there, so it's about the word, residential or land use, or whatever the word is, but it's not about safety. The -- unfortunately, we had had three accidents that 1 remember, and as a journalist, I cover all of these accidents. One, many years ago, I remember, a cargo plane carrying Christmas trees on 36th Street; the second on the Doral area; and the third, on the ValuJet in the Everglades. I was there. On the three occasions, I was there. However, 1 don't know if you remember me, but I sat on the committee that the County impaneled, and I sat there for -- I think it was in '97, '98, '99, and I really fought for more proactive safety re -- projects from Miami -Dade County Aviation Department and the FAA, and I left because I got frustrated As a matter offact, there is -- the committee is still not able to function because most of the time you don't have the quorum, and they were supposed to change it, and the County Commission to appoint some people from the City. As a matter offact, the County Commission offered me a position in behalf of the City of Miami, and I'm -- I was willing and able and ready to go, and what that committee wanted you to do was to change the flight pattern of the different runways because of, first, noise, but second -- and maybe more important to the people -- the safety reason. As we speak, most of the cargo planes that leave early in the morning fly over Shenandoah, Bayside, Brickell, Brickell Key, The Roads, and most of the commercial airlines follow the same pattern. I do not understand your concerns about a building that is going to have less people at any given time than the Marriott Hotel, or the hotel next to it that 1 don't remember which one -- what's the name, but it's there, and yet, we, the residents, the taxpayers of the City of Miami, have to endure, one, totally and absolute noise from your planes in our residential area -- I forgot the Upper Eastside and Morningside, and second -- and Grapeland. Well, Grapeland is like right there. Vice Chairman Gonzalez: They fly by my house, you know. (INAUDIBLE). Commissioner Regalado: And second, your safety concerns. I mean, the law of probabilities say that it shouldn't happen, but like Forrest Gump said, it happens, and you know, you haven't done anything. The County has been dragging their feet. The board that you all impaneled doesn't even meet, and you're telling us -- yes, it does. Look, I'm a journalist. When I -- you don't have a quorum. Frank Rollason attends every board because I got tired, and -- but I'm willing to go back when the board and if the board is changed. That is what we were told by the County Commission, that the board structure will be changed to reflect more of the County's will to do this. You know, I cannot understand your concerns on one parcel, and frankly, the total disdain for the rest of the City, so I am --1 don't understand exactly the concern that you have, sir. Mr. Drum: Would you like to -- me to respond to all that, sir? Commissioner Regalado: Absolutely. Mr. Drum: OK. First of all, I'm a public servant. I'm an operations guy. I'm here to tell you what the ordinance says. I didn't say any of my own words. I just read to you what the current ordinance is in place, as a matter of the fact. I didn't say anything about airplanes or safety. That's your words. I only read what's here in front of you. As far as the Noise Abatement Task Force, yes, I've been the chair of that for over five years, so I have a very thorough knowledge of the frustrations that you share and I share about -- and Mr. Rollason can give you the detail because he's been there for about the last two or three years, and the City of Miami has been represented by about six different representatives over the years, so they've played an active role. As far as the quorum, I'd say about half the time we get a quorum, and half the time we do not, so we have a problem, just like any other task forces that seem to operate in the County. As far City of Miami Page 171 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 as other residences and buildings -- as you know, I just read this -- it exempts hotels, so that's not a question here. It is true there have been a lot of buildings there before this ordinance came along. There's a lot of buildings that -- residential buildings that are there. It is true that a lot of airplanes fly over a lot of residential and a lot of people every single day. The FAA tells all airports, not just Miami International Airport, to protect your approaches. In other words, regulate, try to seek out the information, and I'm just here to provide the information. I have no opinion. I'm just reading to you what it says, but I wouldn't be doing my job as a public servant if I didn't come down here and tell you what it says and what I know. The FAA wants and requires, because of grant insurances, for airports to regulate the land use surrounding their runways, and that's what this is all about, Commissioner, with all due respect. Chairman Sanchez: Absolutely. Commissioner Regalado: No. 1 understand, and it's not about you. It's about people because the lives of the people having dinner and attending a conference in the Marriott are as much as important as the lives of the people that could be leaving. I know about this ordinance, but what I don't understand is the issue with this project, and the fact that the Miami -Dade County Aviation Department is -- and has not done anything else to protect the safety of the residents of the City of Miami because you may -- you know very well that there are several designs that were brought to you by professional pilots in order to avoid residential areas on landing, and all the flights coming from the airport, so these are my concerns. My concerns -- as you, I am a public servant, and I represent the City of Miami, and I represent the residents of the City of Miami, and I have represented the City in that board. Hopefully, 1 will be back in that board, and 1 will sit with you. Please don't tow my car when I park there, but anyway, it is -- I know that the board had difficulty, but you will agree with me that we have been meeting there for seven, eight years. Mr. Drum: No, no. Commissioner Regalado: Well, Commissioner Barbara Carey impaneled that board, what was it 90 -- Mr. Drum: Yeah, it's been about six years, as I recall, yeah. Commissioner Regalado: Well, OK, so 1-- Mr. Drum: Trust me, I've been painfully aware of the last -- Commissioner Regalado: I was there the first two years. Mr. Drum: Right. Commissioner Regalado: I was there the first two years, and frankly, people left because of frustration, and so one thing we have to enforce and follow up the book, and other things we don't take care. That, I don't understand. Mr. Drum: Commissioner, can I respond to some things he just -- Chairman Sanchez: Sure. Mr. Drum: -- said? And I don't want to leave a lingering impression with some of the words. I must object to some of the words you've used. You said something along the line that we have done nothing in that task force. I would -- hopefully, Frank Rollason, who plays a very active role in that task force, and I value his comments and his leadership in that, hopefully, he's briefed you on the frustrations that we have had with the Federal Aviation Administration. I City of Miami Page 172 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 need to make some very succinct points here. Miami -Dade County Aviation Department and Miami -Dade County government does not control the air above us. That's a federal mandate. That's a federal control area. I do not -- no one in the Aviation Department or the County has the ability to redirect aircraft. I have no way to control how the aircraft are operated. That's a federal requirement under FAA. In order for us to change the routes we've put together, with the concurrence, the full concurrence, you can go back and look at every single vote, and no member of the County has ever voted on that task force. In other words, every single vote of direction and how those reports were put together, and how they were submitted to the FAA for the changes that we all want came from every single member of that task force, so it was not directed by the Aviation Department. That environmental assessment, which is the changes that you and I both want that will minimize the noise impact to all the communities, has been with the FAA for about four years now, without a determination by them, so when you say we haven't done anything, I'm a little frustrated myself by that statement -- Commissioner Regalado: Well -- Mr. Drum: -- because Frank Rollason -- I wish he was here -- Commissioner Regalado: No, and -- Mr. Drum: -- to stand by me -- Commissioner Regalado: -- he -- Mr. Drum: -- because he feels that frustration also. Commissioner Regalado: No. He briefed me every time, and I know what you're saying, and when I refer to you, 1 mean not to you, the board, but to you, the County. The County has not been proactive in lobbying the FAA. In fact, we deferred here a contract with the federal government for a tower in Virginia Key in order to put some leverage on this, and we heard something -- some feedback from the FAA. It's not about you, but it is this whole issue of enforcing one single issue, and not being proactive in doing everything that we can. I mean, like -- you know what Beetle said, it's business, not personal, and I hope that I'll see you at the next board meeting. Mr. Drum: August 10 is our next meeting of the Noise Abatement Task Force. I welcome you to come anytime. Chairman Sanchez: Thank you, sir. Mr. City Attorney, and then we have time for rebuttal. Mr. Fernandez: Yes. Just want to make sure that my very short answer a few minutes ago, for the record, is in context. This project is expressly grandfathered under the very County ordinance that he was reading, which in Section 20 -- Mr. Pastoriza: That's what 1 was going to say. Mr. Fernandez: -- expressly states that the provisions of this ordinance shall apply only to zoning or site plan reviews, or other development applications filed after the effective date of this ordinance. The effective date of the ordinance was 11/30/04. Chairman Sanchez: Well -- Mr. Fernandez: So that is the reason why my answer was so quick and so short. It is not to otherwise not consider the County's preeminence, perhaps, in this area. Simply that, by their own ordinance, this is provided for. City of Miami Page 173 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Chairman Sanchez: All right. The public hearing is closed at this time, and we'll send it over to rebuttal, and then we'll vote on this item. Let's go. Mr. Pastoriza: No, yes. Your City Attorney stole my thunder. I don't have anything else to add. Chairman Sanchez: All right. Vice Chairman Gonzalez: All right. Chairman Sanchez: Well -- Vice Chairman Gonzalez: Mr. Chairman -- Chairman Sanchez: The public hearing is closed, sir. You've stated your record. It's on the record as they (UNINTELLIGIBLE) -- you've spoken. I was going to elaborate, and my question was answered by the attorney as being grandfathered in. I was concerned with the density, if there would have been a density, but the density's not an issue here, and not only that, I think my colleagues have spoken and elaborated on some of the issues that have been answered that I was going to touch on, so having said that, there is a motion and a second already. It is a resolution. Commissioner Winton: But I want to ask -- I want to make a point -- sorry, I've been sitting over there talking. Lourdes, what was the number of square feet of retail? Mr. Pastoriza: Seven -- Commissioner Winton: Seven thousand something, right? Here's my issue. It was under ten, right? Ms. Slazyk: Yeah, it's 7,994. Commissioner Winton: So -- I don't need exact -- Mr. Pastoriza: Yes. Commissioner Winton: -- so that's fine. Mr. Pastoriza: Yes. Commissioner Winton: The question we're asked more and more and more, particularly, in these high -density corridors, and certainly, throughout large parts of my district, where the zoning is already high -density, everyone wants to know what we're going to do about traffic, and so I've been kind of answering it as follows: One, the condition of the roadways that you're looking at today is the best you will ever see it. It will only get worse forever, and ever, and ever because we're not going to build new roads cause we can't build new roads. We're not going to widen any roads because we don't have the capacity to widen the roads, so what's going to solve the problem? There's a number of component parts that's going to go into solving the problem. One of them, which we're starting, is the streetcar system that we hope that ultimately becomes a real system and has circulators that come off the streetcar system that go into the neighborhoods and bring people to transit. The other is about design standards, and that is that in all of our MUSPs (Major Use Special Permits) today, at least in the high -density areas, we're requiring every developer to put in ground floor retail, and the more ground floor retail that's required, and the more services that you have within walking distance, and the right kind of tree canopy along the roadway, and the right kind of greenways along roadways and sidewalks, the fewer times people who live in our city will have to get in a car and go somewhere, and so it's a City of Miami Page 174 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 combination of transit and our building requirements, and I'm beginning to think that, on the retail side, we're not requiring enough because, if you think about it, 7,000 square foot of retail is just about enough for a restaurant, and we're -- in our bigger buildings -- I'm not saying that this one -- I don't know that we ought to consider it differently here. I haven't -- you know, I -- but this is LeJeune, and LeJeune is a very busy, major thoroughfare, where one could, in fact, get more services if you required it that way, so -- but there's two parts I want to make; one about this one, and I think that -- this is first reading. I think we need to think about whether or not 7,000 square feet of retail in this project is enough at ground floor, number one. Chairman Sanchez: There's no first reading. This is a resolution. Ms. Slazyk.' Yeah, this is the -- this is a -- Commissioner Winton: Oh, this is a resolution? Ms. Slazyk: -- MUSP. Chairman Sanchez: Yeah. Ms. Slazyk: But just so you know, their narrow side is LeJeune -- Chairman Sanchez: Yeah. Ms. Slazyk: -- and they have their LeJeune frontage with retail. To bring it inside the project in the rear wouldn't make as much -- Commissioner Winton: No, no. (UNINTELLIGIBLE) -- no -- Ms. Slazyk: -- sense, but -- Commissioner Winton: It's all got to be frontage on LeJeune. Ms. Slazyk: Yeah, and their narrow side is LeJeune, and that's the frontage that they've got it on, so -- Commissioner Winton: OK, good. Well, so you've thought about that well enough, but I do think that -- Ms. Slazyk: I know what you mean, though, yeah. Commissioner Winton: -- as the next -- we need to rethink the amount of retail we are requiring in the major high -density projects because I'm now convinced it isn't enough because we're not building -- we're not requiring big enough spaces so that you can do anything other than put the shoe store in, the hairdresser, and the restaurant, and that isn't all that we want, so -- I'm just -- that was it. Chairman Sanchez: All right. We don't have a motion or a second. We've debated it back and forth. Can we have a motion or a second? Vice Chairman Gonzalez: I'll move the project, Mr. Chairman, based on the fact that I remember when this developer came before this Commission about a year ago. This project is going to be built in my district. I disliked the design of the project at that time. The density was too high, and I asked the developer to please go back and come up with a better product, something, you know, more feasible for the area, considering that this is the gateway to the City of Miami, next to the -- very close to the airport on LeJeune Road, to the entrance of the airport. City of Miami Page 175 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 The developer went back; they worked at it. As a matter offact, I thought it was going to take less time for them to be able to come back, and it has taken them a year to be able to come back to the Commission. They had to go through every single board and get every single approval of this project, so the project looks very nice. It's less density than the other project, and I think it's very appropriate for the site. This site, as a matter offact, it's another site. I remember there used to be -- I think it was Ocean (UNINTELLIGIBLE), they failed, and the lot has been empty for 1 don't know -- how long has this property been empty, three or four years, right? Three or four years it's been empty -- Chairman Sanchez: Lourdes. Vice Chairman Gonzalez: -- right on LeJeune Road, another eyesore right at the gateway of the City of Miami, so I want to thank the developer for working with the City Administration, with the Planning Department, and the Building Department on going back and coming back with a very nice product. Commissioner Winton: Second the motion. Chairman Sanchez: All right. Vice Chairman Gonzalez: I thank you very much. Chairman Sanchez: We have a motion by Vice Chairman Gonzalez to -- Commissioner Allen: Second. Chairman Sanchez: -- approve the resolution with conditions. Commissioner Allen: Second. Commissioner Winton: Second. Chairman Sanchez: There's a second by Commissioner Winton. 1 think we've debated it long enough. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. Mr. Pastoriza: Thank you. Chairman Sanchez: And this item, of course, has to be approved by the County, so good luck in the County. PZ.21 05-00649 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE 1650 BISCAYNE BOULEVARD PROJECT, TO BE LOCATED AT APPROXIMATELY 1650 BISCAYNE BOULEVARD; 233-35, 240, 243 AND 249 NORTHEAST 16TH STREET; AND 220 AND 240 NORTHEAST 17TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A MIXED -USE DEVELOPMENT WITH THREE BUILDINGS RANGING IN HEIGHT FROM APPROXIMATELY 140 FEET TO 600 FEET TO BE City of Miami Page 176 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 COMPRISED OF APPROXIMATELY 824 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 49,020 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 53,720 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 1,174 TOTAL PARKING SPACES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00649 Inside Cover.PDF 05-00649 Table of Contents.PDF 05-00649 Article I - Project Information.PDF 05-00649 Letter of Intent.PDF 05-00649 Major Use Special Permit Application.PDF 05-00649 Zoning Write-Up.PDF 05-00649 Zoning Atlas.PDF 05-00649 Project Data Sheet.PDF 05-00649 Deed - Computer.PDF 05-00649 Ownership List.PDF 05-00649 State of Florida Documents.PDF 05-00649 Owner's Authorization Letter.PDF 05-00649 Directory of Project Principals.PDF 05-00649 Article 11 - Project Description.PDF 05-00649 Article III - Supporting Documents.PDF 05-00649 Minority Construction Employment Plan.PDF 05-00649 Traffic Impact Analysis - Part I.PDF 05-00649 Traffic Impact Analysis - Part II.PDF 05-00649 Site Utility Study.PDF 05-00649 Economic Impact Study.PDF 05-00649 Survey of Property.PDF 05-00649 Drawings Submitted.PDF 05-00649 Legislation.pdf 05-00649 Exhibit A.pdf 05-00649 Exhibit B.pdf 05-00649 Analysis.pdf 05-00649 Zoning Map.pdf 05-00649 Aerial Map.pdf 05-00649 Design Review Comments.pdf 05-00649 Miami -Dade Aviation Dept Review.pdf 05-00649 Attorney E-mail.pdf 05-00649 School Board Review.pdf 05-00649 PAB Reso.pdf 05-00649 Fact Sheet.pdf 05-00649 Outside Cover.PDF 0 5-0064 9-Submittal . p d f 05-00649-Submittal-2. pdf REQUEST: Major Use Special Permit for the 1650 Biscayne Boulevard Project LOCATION: Approximately 1650 Biscayne Boulevard; 233-35, 240, 243 and 249 NE 16th Street; and 220 and 240 NE 17th Street City of Miami Page 177 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 APPLICANT(S): Cardinal Symphony, LLC and Jack K. Thomas, Tr. APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on June 29, 2005 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the development of the 1650 Biscayne Boulevard project. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0492 Chairman Sanchez: All right. PZ.21. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.21 is a Major Use Special Permit for the 1650 Biscayne Boulevard project. This is located 1650 Biscayne Boulevard, up to 17th Street. This is a Major Use Special Permit for 180 -- 824, I'm sorry, total multifamily residential units. They have 49,000 square feet of office and 53,720 square feet of retail space. Commissioner Winton: How many? How many square feet? Ms. Slazyk: Fifty-three thousand square feet of retail; 1,174 parking spaces. They also have 49,000 square feet of office, so it's a bigger mix of uses in this project. Chairman Sanchez: All right. Is there any opposition on this item? Kent Harrison Robbins: Absolutely. Good to see you. Chairman Sanchez: Good to see you too, sir. Always a pleasure. Mr. Robbins: And we have a couple of experts with us, too, so we have a presentation to make also. Commissioner Allen: Right. Chairman Sanchez: OK All right. Commissioner Allen: Mr. Chairman, just a quick recollection, does your issue concern a due process concern? I'm just trying to recollect. Mr. Robbins: My name is Kent Harrison -- Commissioner Allen: Right (UNINTELLIGIBLE). City of Miami Page 178 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Mr. Robbins.: -- Robbins, offices at 1224 Washington Avenue. We raised, at a prior hearing, an issue concerning the base building line and, very right, the due process issue -- Commissioner Allen: OK. Mr. Robbins: -- which is another issue that we're going to be considering in our challenges -- Chairman Sanchez: All right. Mr. Robbins: -- but I don't think it's -- it's not going to be dealt with here, other than a mere reference to that change in the base building line. Thank you for recognizing me. Chairman Sanchez: All right, Counsel. All right. Madam Counsel, you'll have an opportunity to present -- do the -- the applicant, the process -- the opportunity to present the project. Of course, the opposition will have its right. We'll open it up to the public. The public will have an opportunity to express its concern; then you'll have an opportunity for rebuttal, so whenever you're ready, ma'am. Lucia Dougherty: Thank you, Mr. Chair, members of the Commission. Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm here today on behalf of the owner and the applicant. Joining me is my colleague, Patrick Range; with me this afternoon is David, Irene, and Maurice Arditi, who are the principals of the project. They are proposing a beautiful, new project designed by Elkus/Manfredi, from Boston. This is the same architects that did CityPlace in West Palm Beach, the Time Warner building in New York, and The Grove in L.A. (Los Angeles). It is located on Biscayne Boulevard, between 2nd Avenue and Biscayne, and between 16th and 17th Street on Biscayne Boulevard. It is a true mixed -use project, with 824 units, whereas 1,193 would be permitted. In other words, we're not building 369 units; we're not building 300,000 square feet of FAR (floor/area ratio), which would be permitted. We're not asking for any bonuses, variances, or special exceptions. We've exceeded the urban plaza requirements. We've exceeded the open space requirements. We have less lot coverage than is required or permitted, and the parking and loading is totally internalized. We have been approved by the Internal Design Review Board, the Urban Development Review Board, Large-scale Development Committee, and the Planning Advisory Board was unanimous. The staff has complimented this project for its urban design, its architecture, its pedestals treatment, and its landscaping, and how we treat the area in between -- Chairman Sanchez: You're back. Ms. Dougherty: Thank you very much. Chairman Sanchez: Madam Clerk, why don't you buy Duracell? Ms. Dougherty: There is an issue, and there is some opposition from the folks who own this building directly to the west of our property, and in site plan, you see it right here, and Commissioner Allen, for your -- for purposes of the last discussion, in which we never got to talk about, is that the City lessened what is called the base building line here, which is on our property. It's not City right-of-way, but it's our property, and it's basically a setback in case the City ever widens the street in the future, but in this particular case, there's no widening the street because of this building, which the opponents intend to preserve, and the City wants to have preserved. Currently, the building looks like this. This photograph was taken about a month ago; actually, maybe six weeks ago. This is a building you'll recognize on -- OK, exactly. This is it from the rear, so the folks who own this building intend to preserve it, so the base building line is already created by reason of their building being where it is right here, so there would be no point in us actually creating a bigger base building line so that the street could be widened because the street could never be widened. That was the reason that the City made that decision, City of Miami Page 179 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 so the unfortunate thing about this particular building is it has no setbacks at all. It is literally encroaching on our property currently, so the rear of this building right here, these steps are actually on our property, so this is the steps that I just pointed out. This is 16th Street. These are the gas meters, which are literally hanging over onto our property, so unfortunately, the building that exists there has no setbacks whatsoever, and in fact, are encroaching on our property, so what we did is we actually maximized our setbacks. We increased our setbacks by double what is required. We provided a setback, which is required on our side, but also on their side, so -- and we've treated it with landscaping in between the buildings, and I'm going to have the architect describe a little bit more about how we've treated that, and how we have treated our building, as it faces their building in the rear on the east and on the north. I would like, at this time, to have Irene Arditi come forward and make a few remarks and introduce her architect. Irene Arditi: Thank you very much to give me this opportunity to present the project in front of you. I would like to take this opportunity first to thank the staff, the Planning Department staff that has been absolutely wonderful and showing their commitment and professionalism all along helping us. From the earliest conceptual stage of the -- this project, they have been, you know, visionary partners with us, and we hope that this development will serve as a model for the future life of Miami. Also, I would like to take this opportunity to thank Mayor Diaz and all the Commissioners for all your (UNINTELLIGIBLE) impact of the new landscape of Miami. We came, my husband and I, from Paris, France, in '82, and we have been witnessing all this new development and this new landscaping that you gave to the City. You made Miami a world -class -- with the diversity, with the innovation, opportunity, and excitement. The Cardinal Corp. is composed of a family team; it's my husband, myself and my son, and it's very important to work as a family because we have goals that are geared towards family living, where they can live, they can entertain, they can work in the heart of the city. I would like to give the -- now to turn the presentation to Howard Elkus, who is the founding principal of Elkus/Manfredi. Thank you very much for your time. Howard Elkus: Good afternoon, members of the Commission. I'm Howard Elkus of Elkus/Manfredi, based in Boston, but thrilled to have the opportunity of working on this very significant project in your great city. I would like to, just at the outset, describe the flavor of our involvement and the brief that was given to us by our clients, the Cardinal Symphony. They chose us not for our high-rise buildings, but for our accomplishments at the pedestrian side of life, and Lucia mentioned CityPlace, which has been commended as a paradigm of new urbanism because it's about the pedestrian world It's about great streets. It's about great public spaces; about active edges, and this project has been designed from the ground up. We have acknowledged the fact that this is a large block, that it faces four very different streets, and four great opportunities to create neighborhood, and we also are pleased that on our block there is an existing building, which has given us clues to how to handle amassing and add texture and different scales to this development. We have created an assemblage of buildings, which changes scale according to the size and nature of the streets, starting with Biscayne Boulevard, with the 60-story tower, and creating a great urban space, and really acknowledging the City of Miami's vision in -- as stated in Miami 21, which is to create a great public realm, and so we're thrilled to really create a project which the City agencies have recognized as a landmark in fostering and furthering those objectives, and we see that, just as at CityPlace, if you see it today, it is surrounded by development, surrounded by a continuity of a pedestrian world that, in fact, the same thing will happen here, and it is our hope that we -- our project will dramatically improve the neighborhood by fostering similar development and continuity of the urban fabric, and an upgrading of the existing buildings that will remain, including the Franklin, and we sincerely hope that our project development will encourage our neighbors to upgrade their facility, and most importantly, what they do at the sidewalk so that, in fact, we have total continuity of an active edge around this project. I might add that we are fortunate in a way that we come from a world in New England where we are constantly mixing old and new, and we've spent our careers -- I have spent my career dealing with that not only in Boston, but throughout City of Miami Page 180 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 the United States, and throughout the world, trying to use those clues to affect the massing, the articulation, the nature of what we do. Commissioner Winton: Give him the mike. Chairman Sanchez: Here you go. No, here you go. Here you go, sir. Sir. Mr. Elkus: Thank you. Chairman Sanchez: Mike's all yours. Mr. Elkus: Thank you. If I can just take you quickly through the project. On Biscayne, we are creating an important urban space, and in fact, our mixed -use project, which is another exciting dimension of this project that, in fact, it isn't all housing. It has retail. 1t has dining It has office. It has health club. It has recreation; all of those elements to serve not only the residents and the people that office here, but the rest of the Greater Miami community. This space, I think, will be a gem. It is inspired by Lincoln Road. It was the greatest metaphor that we could find I think it's one of the most successful pedestrian, urban places in this nation, and it's inspired me on other projects around the country, I might add, but we took it here, as we see this to be very much that kind of active place, and just as in Lincoln Road, we will continue our retail, our entries, and restaurants around all the block that we control, so that every face -- and it's an opportunity, the tenant, in a sensitive way so that you have different character on each of these streets. You can see from Biscayne, however, that our largest element is located there, making sense because that's the grand avenue, and we also have terraced back the facade of the project along Biscayne so that, in fact, we can come down to a Lincoln Road scale when you're in that environment, surrounded by awnings and landscaping, and so forth, and then it terraces back almost as if we've created a waterfall, and we do intend to create a water feature here, and that goes to an upper park, but that's more for the private world, not for the public world. Our main interest is down on the ground, and we have heavy landscape that not only surrounds the block, but also in 17th, we intend to improve that center strip so that, in fact, not only are we concerned about the landscaping around the area we control, but we want to be helpful to make that part of the neighborhood come up to the same level of quality. In a similar way, Lucia mentioned that we also -- our landscaping, having created double the setback along the Franklin, on both sides of it, that gives us an opportunity to introduce landscaping, which is an additional buffer between the two projects, and I might add that we are now -- we wrap our project around the Franklin. We have the sides of a parking garage. We can't have residential units that are facing this space and market them from scratch here, and that would invade the parking capacity. On the other hand, what we can do and what we intend to do is to treat those facades so they resemble our residential, so that in fact, we don't consider it a back, it will be another front for us, so that the people that live there and see through their courtyard up and so forth will have the same image of residential that we address the surrounding neighborhood with, and what we do on 2nd is that, on 2nd Avenue, you see here the residential scale is changing, and what we've done along 2nd Avenue is we approached the Franklin. We have actually setback our tower and kick it forward at the same height as the Franklin so that it's not standing there as an isolated event. The massing of this building comes down, sets a cornice line setback so that, in fact, we relate in scale to that, and you can also see that on this side we're bringing that whole facade treatment, which is a much finer treatment, in terms of the Florida floor expression, down with it so that it supports the Franklin. Then you can see, as we move around the entire block, intentionally, we have treated the housing with different character. It's a different market. This project is going to be exciting because of its diversity, and a market and the kind of people that it attracts, so that you have condominiums on Biscayne, which will be of one character. The condominiums on 2nd will have a very different character, and similarly, as you move around, we have live/work condominiums facing 17th, above which we have three stories of town houses actually face the upper park, very much like the cabanas do along the Delano pool behind, so that in fact, you have a human -scaled space, notwithstanding the fact that you have two major City of Miami Page 181 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 towers on either side on the roof deck here, which is also landscaped, and on the opposite side, we have town houses, we have studios, and we have four levels of office on top of two levels of a health club that wrap into Biscayne on top of the retail, so that this is a changing mix. You can see how the massing has been treated to lighten the mass, instead of making this ponderous, unsealed [sicJ, heavy tower elements everywhere. We're trying to differentiate, and yet, at the same time, interlock these elements so they actually make harmony together, so that's basically our approach, and I'd be happy to answer any questions. Commissioner Allen: Yes. Before you leave the floor -- Mr. Elkus: Yes. Commissioner Allen: -- Mr. Elkus, you are truly a Bostonian. I do -- I would agree, but just a quick question. The project in West Palm Beach you did at CityPlace was miraculous. It really spurred growth and economic activity there. I must tell you that, so I want to give you kudos on that. Mr. Elkus: Thank you. Commissioner Allen: Now, having said that, I guess I just -- I want to just bring a little levity to this. What's going on with the Big Dig in Boston? Mr. Elkus: We're trying to fix the leaks, and that -- you're a legitimate questioner because you paid for 90 cents on every dollar. We thank you. Commissioner Allen: Yeah, I'm very familiar with Boston. In fact, my daughter lives there, and I'm there quite often, but hopefully, you can also sort of help us down the road because when we complete our Performing Arts Center, I would like to see us bring the Boston Pop here to our great South Florida market. Mr. Elkus: Well, anything I can do to help, believe me. Commissioner Allen: Just as an aside. Thank you. Mr. Robbins: May I ask a few questions? Commissioner Allen: Yes. Mr. Robbins: My name is Kent Harrison Robbins. My offices are at 1224 Washington Avenue. I represent Z.J. Audi Investments, Inc. -- excuse me, LLC. They are the owners of the Franklin Building. How are you doing today, sir? Mr. Elkus: Great. How are you? Mr. Robbins: I'm doing fine, and I'm just -- I have a few questions. As the architect, have you had an opportunity to perform any wind tunnel analysis of the impact of your building to the Franklin building, a type three partially wooden structure? Mr. Elkus: I will tell you that, as of the moment, we have not done wind tunnel tests. We need to be more definitive about our facade details and so forth before we go through that process. It is on our agenda, and we're very familiar with that, having designed high-rise buildings with low buildings next to them, in Boston and elsewhere, and we're very familiar with mitigation of wind defect, so that can happen locally on facades. It can happen in many derent ways, including landscape, so it's a fair question, and it's very much in our minds. We have that responsibility not only to ourselves, but to our neighbors and our neighborhood, all those pedestrian areas I City of Miami Page 182 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 talked about. Mr. Robbins: So it's fair to say you don't know the impact of your building on wind effects with respect to the distance, the separation between your building, proposed building and the historic Franklin building? Mr. Elkus: Yeah, that's correct, and that is not required at this stage, and I might also point out one other thing that some of our lower elements -- one of the reasons why we scaled this project down toward the Franklin so the lower building elements are on that side and the tower that's there is lower than the tower on Biscayne is just to be sensible about those issues. Commissioner Allen: Could I just quickly -- Mr. Robbins: I realize you're a -- Commissioner Allen: Counsel, could I just quickly interject? As we move this along, I just want to make sure -- your question was wind tunnel, but -- that's your chief concern on this issue. How does that -- neg -- you're arguing that that negatively impacts your existing property. Mr. Robbins: That's what we're concerned -- Commissioner Allen: Because you guys are talking scientific, and so could you explain to me what do you mean? Mr. Robbins: OK. Commissioner Allen: How it would negatively affect -- Mr. Robbins: Wind tunnel -- Commissioner Allen: I understand -- right, so I just -- Mr. Robbins: We're dealing with -- and I'll ask another question, and then I'll be happy to go into that issue. The issue is the separation of a -- on one side, there's a 40-story building -- Commissioner Allen: Right. Mr. Robbins: -- directly straight up, with no transitions, on the north side of my build -- of our building, and on the east side, there's a 15-story building. There is a question, given that the separation, though they say they doubled the setback, in reality is 10 to 11 feet between the buildings, and the question is is -- and we will have testimony as to the impact that that will have on the potential of fire, smoke, and also the eddies from winds, and right now, they don't have the studies, and yet, they're proceeding without doing the most basic analysis to see what the impact would be with having a lack of separation. That's what we're talking about with that question. Mr. Elkus: I -- if I -- Mr. Robbins: The next question -- Mr. Elkus: Can I just respond to that -- Mr. Robbins: The next question is -- Mr. Elkus: -- for one -- City of Miami Page 183 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Mr. Robbins: There's no pending question, so I want to ask one question further. As to the --1 know you're from Boston, but I'm sure that, because you're building here, you're familiar with the Florida Building Code; is that correct? Mr. Elkus: Yes (UNINTELLIGIBLE). Mr. Robbins: You're familiar with it, and of course, you're familiar with Table 600, which is a very important part? Mr. Elkus: There are members of my team who are very familiar. Mr. Robbins: OK, so then you're sort of familiar, though, with the distance separation requirements concerning articulation of structures and openings in structures, and the requirement of dis -- separation distances. You're familiar with that? Mr. Elkus: We will recognize all of those requirements. Mr. Robbins: OK, but you did not consider that, the requirements of the safety -- the fire safety portions of the Florida Building Code when you made a determination as to the appropriate separation between the two buildings at this time; yes or no? Commissioner Winton: Mr. City Attorney, yes, please. Jorge L. Fernandez (City Attorney): Again, perhaps you need to seek clarification from your staff as to the propriety or relevancy of this line of questioning. That issue that he just raised is an issue that well be taking care of at time of pulling building permits, and as a fire hazard type of requirement, it will be dealt with to the City's and to the Code's satisfaction. Commissioner Winton: Right, and it isn't an appropriate time for an architect to be answering that question. That question's going to get answered in all of our planning processes. Mr. Robbins: Well, the question becomes -- and why it's relevant, may I -- might I state at this time? Commissioner Winton: I don't know. You need to ask the City Attorney because if he's saying it isn't relevant, then -- Mr. Robbins: I'd ask for him -- Commissioner Winton: Excuse me. I do have the floor. Mr. Fernandez:: Well, the -- I just raised an issue of procedure. While the gentleman is entitled to cross-examination, the scope of that cross-examination has got to be relevant to the issue that's in front of you today. Commissioner Allen: Right. Commissioner Winton: And so, the Code is not relevant to the questioning because it isn't what's in front of us today. Mr. Fernandez: Correct, and to that extent, if you need satisfaction in order to rule him out of order and to order him to proceed, you need to get your professional staff to establish that on the record clearly. I'm only trying to give you legal guidance as the process unfolds. City of Miami Page 184 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Allen: Right. If I may, Commissioner Winton, all -- Vice Chairman Gonzalez: Yes, go ahead. Commissioner Winton: Well, it depends on whether or not you're asking him a question or not. I think we need to -- Commissioner Allen: No, the City Attorney. Commissioner Winton: -- find out -- Commissioner Allen: But that does -- Commissioner Winton: OK. Commissioner Allen: -- for sake -- for the purpose of what Johnny -- Commissioner Winton is pursuing, it doesn't preclude him from asking at another date, a more appropriate time, he can go into these extensive questions; is that correct? You're not preclude -- we're not precluding his opportunity. Commissioner Winton: Yeah. Mr. Robbins: This is our last public hearing that we can address this question. Commissioner Winton: No. Excuse me. Mr. Robbins: If it's not raised now, there's no other hearings for the public and adjoining property owners to have a hearing before the City at all. This is it; this is the last chance. Commissioner Winton: Commissioner Allen, the point here is relevant questioning, not public questioning. Commissioner Allen: Right. Commissioner Winton: And so, if we can get our staff to put on the record that the process for addressing these kinds of questions is taken care of during the design phase and approval of the project, then we determine then whether or not this line of questioning is appropriate or inappropriate; is that not correct, Mr. City Attorney? Mr. Fernandez: Correct, and Ms. -- Lourdes can speak to that. Ms. Slazyk: Yes. Commissioner Winton: Thank you. Ms. Slazyk: What happens in the Major Use Special Permit is you have criteria in your Code that you're reviewing the Major Use Special Permit. These questions have to do with the building permit. The requirements in the Major Use Special Permit is that before they get a building permit, they have to meet all the applicable building codes, laws, rules, and regulations of the City. The proper mechanism, if there is something that the -- that someone feels is not in compliance with a building code, the proper forum for that is the Board of Rules and Appeals. The building official is going to make a decision in granting the building permit as to whether all the building codes have been met, and if they're not met, they won't issue a building permit. If they're met and somebody disagrees with an interpretation of the building official, there's a different mechanism to appeal that determination. This is not part of the criteria for a Major City of Miami Page 185 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Use Special Permit. This is a building permit issue. Commissioner Allen: 1 see. Commissioner Winton: So, Mr. City Attorney, then did we hear sufficient -- Mr. Fernandez: Then the Chair conducting the meeting should instruct -- if you find that explanation satisfactory -- the gentleman to proceed to another question, if he has any other questions. Vice Chairman Gonzalez: Mr. Counsel, do you have another question? Mr. Robbins: Only with respect to those questions. I have no further questions. I would, just for the record -- and I understand that you've ruled. Just for the record, I'd like to state that good urban planning and design, which is a specific criteria, 1305.2, anticipates the impact of building code requirements in architectural design and conceptual design, and it would be -- it's appropriate, in our opinion, and I'll have my architect tests to that, that in our opinion, those issues should be considered with respect to distances between buildings, and that should be considered as part and within and consistent with your criteria of site and urban planning under Section 1305.2, design review criteria, which is incorporated by reference under 1703, the criteria under the Major Use Special Permit. To the extent that I'm being prohibited from cross-examining, I've made my record. Thank you. Vice Chairman Gonzalez: Thank you. Mr. Fernandez: Mr. Chairman, for the record, your City Attorney has not made a determination. Your City Attorney has brought to your attention, as Chairman of this Commission, an issue, and this Commission has ruled, or has given the gentleman directions on how to proceed. The record has been made; the record reflects that, and if he chooses to, he has already, by -- in essence, already having asked the question, proffered it and put it on the record. Vice Chairman Gonzalez: Thank you. Lucia. Ms. Dougherty: That concludes our presentation. Vice Chairman Gonzalez: All right. Anybody else from the public? Yes, sir. Mr. Robbins: Yes. My name is Kent Harrison Robbins. I'd like to make my presentation. I'm here -- and I'm -- also brought with us two experts who have been retained to analyze and evaluate the project. They both have registered as lobbyist registrations. They paid the $600 to the City to test, and for -- Vice Chairman Gonzalez: Like everybody else. Mr. Robbins: -- each one of these testimonies to be able to test, and therefore, we'd like to have the opportunity to make a full presentation of our side and our issues. We would like to -- we will try to keep it as short as possible, but there is a substantial evaluation done by two experts, and I also have to make a presentation before we get started on this issue, so I'd like to start now, and then we can go forward with it, and then Robin Hale and Deborah Desilets, architects and experts, will then testify. Vice Chairman Gonzalez: Go ahead. Proceed, please. Commissioner Winton: But pay attention because he has a great capacity to -- City of Miami Page 186 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Mr. Robbins.' First of all, I want to -- Commissioner Winton: -- and history of -- Mr. Robbins: -- go into the issue of design review criteria, and 1 know that we all like to think that we remember everything, and I say I remember everything, but you know, there's a number of issues of point that need to be reminded about this board. Under 1305, design review criteria, we're contending that there are a total of eight items that are not met by this project. Ms. Desilets will go into those issues, and in fact, we will be handing those out immediately before her testimony, but I want to first give you some context as to the issues here, and understand what the Franklin is all about. The Franklin, which we represent, at 1601 Northeast 2nd Avenue, was acquired by my clients approximately five years ago. They have -- about three years ago, they began designing and planning for the entire restoration of their project, and in fact, they have submitted 40 or 50 sheets of plans with the City, and after almost a year of processing, they finally pulled a master permit for restoration of 15 units at this time, as well as - - that contemplates the eventual replacement of the windows and facades, and restoration of the facades. I'm going to put into the record --1 don't know who's serving as Clerk, but 1 will put into the record a copy of the -- Vice Chairman Gonzalez: The Clerk's over there. Mr. Robbins: -- building permit because we have to make a record for court purposes, and for the record, that's Permit B05-5013092. The applicant here has received and gotten a copy of our entire set of plans, and have an opportunity to review it, so this is no surprise to them. What we have is a 40-unit residential building, moderate to affordable pricing in the City of Miami. We also have 10,000 square feet of commercial space, which has recently been leased out, and is going to be renovated shortly -- permits are being pulled -- for the restoration of the corner south side of the building to place a designer -- interior designer firm inside those premises, so we're going forward with the process of restoration, so this is not going to be some ugly duckling, but a beautiful swan, and in fact, I have submitted to you, and we will reduce cop -- provide reduced copies to the Clerk for the record of the images of the building, of what it's going to look like once it's historically restored Now, I want to make the point right now. It's not been historically designated as of now, but the applicant was compelled to put up $100, 000 by the City to pay $3, 600 for a historic designation report by the City, and that's in your file, as well as other monies for the streetscape, so everything is clear that the City is going to designate it historic, and we want it to be designated historic, so we have every intent for the restoration of this building. As part of this process, though, we have evaluated the impact of this building, and may I have a microphone so I can walk around and demonstrate? Thank you, Lucia, and I'll note this gets on the camera for TV (television) land here. I don't know if they can bear down on it, but right here is a picture of the facade of the building as it is now. We have removed the -- in this photograph, the -- some commercial advertising that was in here and in here concerning, I think, the contractor, so we removed that, but this is a accurate photograph, and 1 can have testimony of the building as it looks now. This is the interior of the building, which has actually been painted. As you can see, our building, the look's kind of not too attractive from the rear, and -- which will be restored, but if you look on the interior, which has been restored, it's actually an atrium building, which is -- actually has three stories of residential over the commercial, and so you can see it's a very attractive building, and has been restored and painted in the interior of the building, so we have a building that's very unique, and the architect is going to talk about the type of building this is, but for construction purposes, it's a type three building. There is wood between the floors, except on the first floor. It has a wood structure on it, and it's not a building like -- that's going to be built. It's vulnerable. It's vulnerable to wind. It's vulnerable to fire, and certain things have to be done, like putting in sprinkler systems, and it's also -- doesn't have the ability to withstand wind loads like the new buildings are built, but because it's a historic property, we feel that it's important to restore it and maintain it, and try to preserve it as best we can. With our plans, of course, we're going to have to replace the City of Miami Page 187 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 windows. Windows right now require impact windows, as I'm sure you're all familiar with, but if the distance separation, which is only -- if the distance separation is placed -- put into place of only ten feet under the Florida Building Code, this building will not be allowed to have operable windows on its north side or its west side, and here's the north side as it's going to look when it's being restored. However, under the Fire Code, there is a requirement of a 30-foot distance between the adjoining building and this building in order to allow for the openings, the 40 percent plus openings that we have here. That's what the Code is, and my expert will testes as to how she calculated the 40 -- I think she's going to testes it's about 45 percent openings because it doesn't include the sidewall, and it doesn't include the slab area on each side, so about 45 percent is opening, which compels -- in order to maintain those openings, operable openings that you can open up and actually use, a 30-foot distance. The project, as proposed, is only ten feet away, so therefore, the north side residences and the west side residents will no longer be able to open up their windows, and no longer have a functioning moderate housing at the site. For 75 years, it had that capability, and my client has spent the money and made the business investment, yet, that is going to be taken away. Now, I want to make it clear. We like this building. All we want is a reasonable distance. You have to understand the history of this area. Originally, there was a ten foot alleyway to the north of our building, and buildings were set back from that alleyway on the north side. What ended up happening was that the original -- the property owners, in 1972, and it's referenced in the survey that's been submitted In 1972, that alleyway was shut off fby the prior property owners. This property owner acquired this property knowing this condition, knowing they would have to build around this building, and they act as though giving ten feet, rather than five feet distance is something magnanimous, without recognizing that what they will do is kill the health of this building if they build so closely. Now, I have fire experts that will come in, Robin Hale, who I think he's been a consultant for half the buildings built in South Florida, and I have Ms. Desilets to testes as to the impact, but 1 want you to listen to -- carefully how because it is so close, many -- eight of these design criteria are broken, and this board has a responsibility to consider that. As long as they push this building back and slightly reconfigure this building, this building could work. In fact, Ms. Desilets has done the analysis, not making any real changes, but by flipping around the parking and flipping around the driveways, has minimized the impact. Now, I want to go into one other issue, and then I'm going to turn it over to the architect because she's the expert. I'm just a lawyer, but I want to point out that the -- Vice Chairman Gonzalez: Let me tell you, you look like an expert. You talk like an expert. Mr. Robbins: Well, I'm not sworn in like my two, so I'm only a lawyer, so you know, you can listen to my argument, but you have to listen to the evidence. I think everybody knows of my voracity, but that's not the issue here. We're going -- I want to bring your attention to what happens on the first and second floor of this parking garage. What happens is, as these cars come in -- just to show you where it is, our building is right here. Right here they do separate it 18 feet away from here, but still that's not enough. It should be 30 feet; but here's our building. Hopefully, our windows will remain open, and what they do is they have their parking garage -- it's a circular parking -- entryway or egress means through the parking lot. Just imagine the noise of the cars and the screeching of the cars going around this circle, and then driving down this road. This is a condition that's on the second, third, fourth floors. My building is on the -- residential is on the second, and third, and fourthfloors, so these cars are going to come out of here and be right by these windows, with all the sound, the noise, all these impact -- and the smells, because this is not enclosed right around here. It's enclosed all around the rest of the building, but when it comes to the Franklin, the Franklin is not respected. The rest of the block, they do a beautiful job of creating a pedestrian means, but where it has the greatest impact to residential use, with the smallest separation, that's where they put their parking garage, so can you imagine 1,174 cars, with 200 -- approximately 180 parking spaces for commercial on the first and second floor, coming in and out, and then we put on top of that -- we put on -- in here, they put in delivery trucks here, coming in and out of this narrow one-way street, coming in and out day and night right here for this huge 1.1 million square foot building disturbing my client's City of Miami Page 188 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 tenants, so we have a condition that really, as beautiful as it is, and as great as it is, and as exciting as it is, it doesn't respect the historic Franklin, and we don't oppose this building. What we are asking for is some distance separation, and Ms. Desilet will even show you how you can basically keep this design, the building design on top, flip the garage around, flip the entry around on this side where there's a median and substantial distance from the other side of the block, and minimize the impact, and now I'm going to introduce to you well-known architect and fire expert, Robin Hale, and I'm going to be passing around his CV (Curriculum Vitae). I know Lucia knows him well, and 1 don't think she'll -- and question her ex — his expertise, and Mr. Hale will make further comments about the application. Mr. Hale. Robin Hale: Mr. Chairman, Mr. Vice Chairman, Lucia, Mr. Architect, Mr. Developer, Commissioners. Commissioner Winton: Excuse me. May I interrupt for a second, Mr. Chairman? Vice Chairman Gonzalez: Yes, sir. Commissioner Winton: Could I ask what your testimony is again? I didn't understand that. You said he's a fire expert? Mr. Hale: Mine? Commissioner Winton: Yes. Mr. Hale: I'm an architect. I've retired two studios. I'm a fire protection analyst. I spent 14 years with the City of Miami Beach as -- Commissioner Winton: And your testimony is going to relate to what? Mr. Hale: It's going to relate to the four-story building and the impact, and the codes that are in effect today; how the existing permit could be affected by the structure and its nearness; preserving the historical designation of the building when it comes about, and how -- Let me just say this, first of all, all I wanted to say was it's a stunning project, just stunning, and that's not what I have a problem with. I have a problem with the fact that -- Commissioner Winton: But excuse me. What 1 want to be clear about is what your testimony is. If your testimony is about the Code, we've already determined that that testimony is irrelevant in this hearing today, so we don't want any testimony about fire code or anything relative to code. Mr. Hale: How should I proceed then? I mean -- Vice Chairman Gonzalez: All right. Mr. Robbins: Well, could we proffer -- Vice Chairman Gonzalez: That already has been established, that testimony should not be in reference to the Code. Before you test, I need to know, first of all, have you been sworn on? Mr. Hale: Yes, 1 have. Vice Chairman Gonzalez: You have. Commissioner Winton: Great. Vice Chairman Gonzalez: I also need your name and address for the record. I didn't -- City of Miami Page 189 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Mr. Hale: I was just going to do that. Vice Chairman Gonzalez: I know you said your name, but 1 didn't get your address. Mr. Hale: My name is Robin Hale. My office is at 7382 Gary Avenue, Miami Beach 33141. Vice Chairman Gonzalez: Thank you, sir. Mr. Hale: OK. Vice Chairman Gonzalez: Go ahead. Mr. Hale: Well, it does get down to code issues, but at the very least, it should be something of concern to the architect because it's going to come up, and it could have a serious effect on his project. That's all. Commissioner Winton: But testimony relative to code isn't relative today, and it's been established -- Mr. Hale: Well, then let me -- Commissioner Winton: -- and we don't want to go through that again. Mr. Hale: -- turn it over to Debrorah. Commissioner Winton: Great. Thank you. Vice Chairman Gonzalez: Thank you, sir. Mr. Hale: And if I can come back, I will. Commissioner Winton: Great. Vice Chairman Gonzalez: Thank you. Commissioner Winton: Thank you. Mr. Robbins: I will be introducing the CV into the record, and Deborah will go into these architectural design issues, and she will then testify as to other issues outside of the Code, but she will also be testiing to why design, conceptual design under the criteria should consider the Code, and she'll testes to that, but we'll go forward -- Commissioner Winton: We'll -- Mr. Robbins: -- as best she can. Commissioner Winton: -- listen. Deborah Desilets: Hi. My name is Deborah Desilets. Vice Chairman Gonzalez.: You have also been sworn in? Ms. Desilets: Yes, I have, and I paid $600 to speak to you fine gentlemen today, so thank you. City of Miami Page 190 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Vice Chairman Gonzalez: Like everyone else that comes to -- Ms. Desilets: Like everyone else -- Vice Chairman Gonzalez: -- as a lobbyist. Ms. Desilets: -- that comes through here. Vice Chairman Gonzalez: It is no exception. Ms. Desilets: 1680 James Avenue, Miami Beach. Vice Chairman Gonzalez: Thank you, ma'am. Ms. Desilets: I would like to first say that I'm appreciative that you were inspired by Morris Lapidus. I worked six years with Morris Lapidus, and Lincoln Road is obviously something that I've studied, and something I've written a book about, so I thank you very much. I also want to say thank you for allowing a building as magnificent as this. 1t makes a mitt for wind, which I think might make some eddies and problems due to a ten foot corridor that you're trying to wrap around a four-story building that's an atrium -type building, so I think that you're bringing down the Boston mitt, and it might just put a clutch on our hurricanes, so 1 think that we really have to study the hurricane impact and the winds on that building. I would like to give you a little bit of history, if you don't mind, and I'm going to try to make this enjoyable because I don't want to do what he does, which is his job. I'm going to try to be the good cop here, Bostonian language. In 1926, the big blow hit Miami and Miami was in the eye of a hurricane. It was the worst one. Newspapers said that Miami was decimated This building was built in 1928, two years after the worst hurricane. It was built to last. It's been around for 75 years. It's had operable windows. It was a mixed -use residential building, a prototype on the Italian (UNINTELLIGIBLE) that had the residential above the retail, and the mixed -use that this little prototypical building -- it's like the little building that could and should, so I really thank you for giving me an opportunity to explain to you guys why this building in Miami's history is a real retail jewel and should be considered in your building, not something that you try to hide, but something that you would try to exalt, and 1 think that what I have seen in your presentation is a beautiful artistic endeavor, but no artistry is going to take away the life safety infringements that you're proposing for this building, based on the close proximity that you've put your project next to ours, and I think that there's grave considerations that have to be considered for the 40 residences that are inside this building that has nothing to do with being beautiful, but has to do with respecting life. There are lines that can be drawn, and then there's also lives that have to be saved. A fire truck cannot make its way through your alley safely, I don't think, without a 20-foot turnaround, and other properties on Miami have been required to do that. I should mention at this time that 1 have designed for Miami over 70,000 nightclubs in the last three years. That's been what I do, and Robin Hale has been at my back and been one of my curses and one of my nemesises while I've tried to keep everybody that comes down here to party safe because 1 really love Miami, and 1 happen to really love history, and I happen to really love little prototypical buildings that speak to a mixed -use within an environment that is as still tree-ladened as this environment is. I'd like to say that I think, personally, that you missed the mark as an architect on evaluating the pedestrian corridor. 1 do not think that Biscayne Boulevard is your real pedestrian corridor. 1 think that more engaging and more interesting is 2nd Avenue because you have feeder people from WLRN; you have feeder people coming from Dade County Public Schools. You have ignored what I think is really the generator of all the activity on the street, which are the two largest -- I mean Dade County Public Schools is the largest in the country, I think -- one of the largest in the country, so I think you have an opportunity to really celebrate retail at the backside, and help these people that are -- in the day that the hurricanes were here, they didn't even get -- they got money as long as the money lasted, so guys, I think Dade County Public Schools being in the neighborhood could be benefited by this retail corridor that you're putting City of Miami Page 191 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 in, but I think you missed the corner by using the northeast corner, which is on Biscayne Boulevard and is across from the Omni. It's not as pedestrian intensive as the southwestern corner. What I think is that your design is wonderful, and because parking garages are symmetrical, that there is a win -win solution. I'd be more than happy to suggest that we study that if you're willing to accept that the pedestrian corridor could be at the southwest corner, and that by allowing cars to abut against cars, retail to abut against retail, and residential to live above residential, like the old prototypes would have done, that we might be able to make a really compatible building. We're only talking about the parking deck being flipped and rotated, and the driveways being shifted from one street to the other street, and I might mention that the street that you're using access for right now for all of your deliveries in the morning is a one-way street coming off of Biscayne Boulevard, whereas the other street feeds off 2nd Avenue, which is where most of the trucks are coming from. Most of the trucks are not feeding off of Biscayne --1 mean, some of them are, but a lot of your trucks are feeding off of 2nd Avenue, and you're giving them a two-way option for feeding into this building, so I think there's some real gross misses, so I would say you've got two strikes, and you maybe could have a homerun if you would allow us to, I think, go to bat and reconsider the pedestrian friendliness of your building in relation to the -- I think the gross negligence on a historically sensitive, prototypical Miami building. Thank you. Vice Chairman Gonzalez: Thank you. Ms. Desilets Oh, I should go through the criteria one -by -one, if you want. Mr. Robbins: Yes, please. Ms. Desilets: And I'll do this for Kent. I think that, first of all, the close proximity will affect -- will, in effect, cause a failure of this open courtyard, highly fenestrated building. I think the requirement by law for distance based upon openings will not be met, and it will force significant alter -- changes to use. In other words, I think there will be no inoperable buildings -- inoperable windows in this building if you allow it to be located where it's located Commissioner Allen: All right. Respect to that -- Ms. Desilets: That's my opinion. Commissioner Allen: Right, yeah, OK. Ms. Desilets: That's my opinion. Commissioner Allen: No, I know. I was -- Ms. Desilets: My opinion, in respect to this building, is that if they allow it to be as close as it is, they will not be able to have operable windows because you have so much noise; you have so much fumes; you have so much smoke. You have so many problems, fires. I think it's impossible. Number two, these distances also make smoke in these air conditioning units. Like, let's say there's a -- Commissioner Allen: If I may interject, and no disrespect -- Ms. Desilets: No. Commissioner Allen: -- because it's sort of being repetitious, because -- if I may, Commissioner Vice Chairman Gonzalez: Yes, Commissioner. Go ahead. City of Miami Page 192 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Allen: -- Vice Chairman, as well as Commissioner Winton. I -- your concerns, your chief concerns is largely the distance and the parking, correct? Ms. Desilets: No. My -- Commissioner Allen: Wait, wait, wait. Ms. Desilets: Oh. Commissioner Allen: OK, help me guys, OK. From what I heard thus far, the testimony, it appears to me your objections are largely related to the positioning of the adjacent parking and the distance between the buildings, so to that end -- the separation -- is it possible for you guys to have made a compromise, or was there an attempt to reach a compromise relative to -- are you looking for a certain distance or a certain number, 15, 20, versus rearranging the parking? That's -- because I'd like to -- Ms. Desilets: I think it's both. Commissioner Allen: OK, but is there -- has there been an attempt to bring this to a compromise, where all parties are -- Mr. Robbins: There has been discussions -- Commissioner Allen: OK. Mr. Robbins: -- substantial discussions. We thought we were almost there, and then when the Planning Advisory Board ruled against us, they decided not to really go forward with our discussions to any great extent that we feel comfortable with. We're close --1 would say maybe we could if this were deferred for two weeks. I don't know when the next Commission meeting -- if it's deferred, we'd be able to do it, but let's go into -- we want to go into these criteria for the record. I'm a lawyer. I need to make my record. 1 need to know -- Commissioner Allen: Correct. Mr. Robbins: -- when we do our petition for certiorari, we need to make our record. I'd appreciate that, but thank you. We would like to sit down with them again. I think we -- Commissioner Winton: We've heard. Mr. Robbins: -- almost got there. Lucia is -- Commissioner Winton: Let's go. Mr. Robbins: -- the supreme negotiator, but unfortunately, it got close, and she almost did it with her clients, but it didn't get quite there. Commissioner Winton: We've heard that four times now. Let's -- Commissioner Allen: OK. Commissioner Winton: -- move on with getting your record. Ms. Desilets: Thank you, gentlemen, and thank you, Kent. OK, back on course, Section 1305.2 for the design review criteria -- I'm going to give the number that I'm addressing, and then we City of Miami Page 193 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 can later reference that if you need more. I think, under the site and urban planning, again, I'll state that this -- 1928, the Franklin building was built to enjoy sun and wind, and that balconies, interior courtyard, shade and catwalks made this an interior focused urban center of mixed -use. The architectural significance of this type of building has been overlooked, I feel, by this design team insomuch as that it represents a beige box on their rendering. It doesn't even try to articulate the fenestrations, or even try to articulate the balconies, or even try to even graphically respect that this is a building that has heritage in Miami, and has really withstood the test of time, 75 years, against hurricanes. Thank you, and then I'd like to say -- that said, the proposed plan does not try to remember the history of a small neighborhood, and it tries to encroach upon this building like as if it has no right to exist within a landscape of large -- Commissioner Allen: If I -- Ms. Desilets: -- buildings. Commissioner Allen: I hate to interject, because if you're laying the record -- Ms. Desilets: Yeah. Commissioner Allen: -- Mr. Attorney should be doing that; just make a straight legal argument and that's it. You -- Ms. Desilets: That's what I'm saying. I'll read what I wrote. Commissioner Allen: Yeah, just -- Ms. Desilets: OK, these are my words. Commissioner Allen: Because -- Ms. Desilets: I'm an architect. Commissioner Winton: But you're repeating it all. We -- Commissioner Allen: Yeah, but you -- see that's -- Commissioner Winton: Mr. Attorney. Commissioner Allen: -- and counsel would know. If you're laying a record, you can't just give -- Mr. Robbins: She's giving her architectural opinions as to the design criteria. Her -- she's -- Commissioner Allen. But you're citing the -- Mr. Robbins: She's -- Ms. Desilets: I'm just giving an opinion. Mr. Robbins: She's giving an opinion, so we have the record of the architectural opinion -- Commissioner Allen: Right. Mr. Robbins: -- for the record -- Commissioner Allen: Relative to the specific codes that you're making reference to. City of Miami Page 194 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Mr. Robbins: That's correct. Commissioner Allen: Right. That's what I'm -- right. OK. Mr. Robbins: That's what she's doing, so her argument here is her opinions as to the impact of this building with respect to the criteria, so that's the -- what you're reviewing now is this -- Commissioner Allen: Exactly. Mr. Robbins: -- particular criteria, so she's rendering her opinions. I think she's also going to render her opinion that she -- you have to consider building codes when evaluating your concept. Commissioner Allen: OK, right. That's what she's doing, right. Mr. Robbins: That's another opinion she's going to -- Commissioner Allen: OK. Mr. Robbins: -- also give. Vice Chairman Gonzalez: OK. Could you -- Commissioner Allen: That's it. Vice Chairman Gonzalez: -- please continue with your presentation? How much longer -- Ms. Desilets: There are six points. Vice Chairman Gonzalez: -- you need to go? Ms. Desilets: I only found six points of conflict, and I'll just admit to what they are. Vice Chairman Gonzalez: All right. Ms. Desilets: If I can have that plan, though, so that I can continue using it and point that out. I'm sorry to use your own medium to bullet you. Mr. Robbins: It's a matter of record. Ms. Desilets: But it's a matter of record, and I appreciate it. Commissioner Winton: Please get (UNINTELLIGIBLE). Ms. Desilets: The interior courtyard, I think, with this proposed siding, I think, becomes unsafe, and that's my opinion, and 1 think that the proximity of the existing building, because we have an open-air stair five to ten feet from a transformer, which we know can have -- spark fires, and we know that they have to be having air into them, I think that the proximity to my residences is way too close at the lower level for a transformer next to residences, and I really think that that should go on record as being unsafely located next to a four-story -- Commissioner Winton: Mr. City Attorney -- Ms. Desilets: OK. It's right here. The -- City of Miami Page 195 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Winton: -- could you please -- Ms. Desilets: -- transformer is right here. Commissioner Winton: I mean -- Commissioner Allen: But that's outside the scope of your -- Commissioner Winton: -- this is -- Commissioner Allen: -- expertise. Ms. Desilets: No, that -- I'm an architect. I'm telling you that that trans -- Commissioner Allen: Yeah, but you're not a fire expert, though. Ms. Desilets: I'm not a fire -- I'm telling you, as an architect, when you -- Commissioner Winton: But that is not part of today's discussion. Ms. Desilets: Well, I think -- Commissioner Winton: That is about building design. Commissioner Allen: Yeah. Ms. Desilets: No, it's really not. Commissioner Winton: And we're not dealing with building design. We've been through -- Ms. Desilets: Adjacencies are about programming -- Commissioner Winton: Excuse me. Ms. Desilets: -- and space planning. Commissioner Winton: Excuse me. I have the floor. We've gone through this five or six times now. Mr. Robbins: No. What she's -- Commissioner Winton: -- and we can't seem to get through it. Mr. Robbins: I understand what you're saying, and I will instruct her not to give her opinions to that effect. Her opinion, though -- and I'll -- Commissioner Winton: Well, then -- so -- Mr. Robbins: -- may I proffer -- Commissioner Winton: -- finish her four or five points, and get them done, and stop roaming off into building design because building -- I mean, into code issues -- Mr. Fernandez: Code issues. City of Miami Page 196 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Winton: -- because that's not appropriate today. Mr. Robbins: Well, I want to just proffer that her opinion is that you have to consider fundamental code issues in order to do conceptual design -- Commissioner Winton: Well, we've already -- Mr. Robbins: -- which is what's here. Commissioner Winton: -- determined that that's not appropriate; now have we not? Mr. Robbins: But that's her opinion, and we have to put her opinion into the record Commissioner Winton: Well -- but we do not have to have her opinion on the record then about that, Mr. Counselor. Ms. Desilets: OK, gentlemen, I'm not talking about codes. In basic design 101, 100-1 -- Commissioner Winton: Mr. City Attorney. Ms. Desilets: -- adjacencies are considered -- Commissioner Winton: Mr. City Attorney. Ms. Desilets: -- and when you have people going next to transformers -- Commissioner Winton: Mr. -- excuse -- Ms. Desilets: -- that's a -- Commissioner Winton: -- me, please. Ms. Desilets: -- different use, and you wouldn't do that unless you considered that -- Commissioner Winton: Mr. Chairman -- Ms. Desilets: -- those people -- Commissioner Winton: -- would you turn her microphone -- Ms. Desilets: -- were not important. Commissioner Winton: -- off for me? Vice Chairman Gonzalez: Ma'am, ma'am -- Ms. Desilets: I'm sorry. Vice Chairman Gonzalez: -- let the Commissioner speak. He has the floor. We need to -- you know, we need to -- Commissioner Winton: Mr. City Attorney -- Vice Chairman Gonzalez: -- have some order here -- City of Miami Page 197 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Winton: -- could you please -- Vice Chairman Gonzalez: -- or we'll never get out of here today. Commissioner Winton: -- help us move this along, and get it where we've already determined by professional staff what testimony is allowable and not, and they keep demanding to put testimony on the record that is not part of today's deliberations, and we can't seem to get them stopped. Mr. Fernandez: Mr. Chairman, Commissioners, the opponent has, on several occasions, made reference to the intended lawsuit that he will be bringing, and that he is building a record to that extent. Circuit court judges, when they review transcripts of City Commission meetings, are very much impressed by the patience and by the largesse that elected officials afford to everyone. I will continue to, you know -- no, no, let me finish what I'm trying to say because due process, fairness and due process requires that the opponent has a fair opportunity at making the record. Having said that, the Chair -- it's up to the Chair to control the meeting, and to remind any speaker that they are outside the course or the scope of the testimony that you have already ruled It has been very clearly made the point to the opponent that any issue relative to fire code or building code is not an appropriate or relevant part of this hearing. To the extent that they insist on making that, the Chair should gavel them silent, and encourage them to move to the next issue, and then when it comes time for you to deliberate, you take into account what you deem to be competent and substantial evidence relative to the application in front of you. Chairman Sanchez: All right. Vice Chairman Gonzalez: Are we clear? Commissioner Winton: Get your gavel out. Chairman Sanchez: I have -- I'm back. Ma'am, are you done? Ms. Desilets: No, I'm not. Vice Chairman Gonzalez: No. Ms. Desilets: I have -- Chairman Sanchez: Well, I believe you are. Ms. Desilets: -- four more -- Chairman Sanchez: This dog and pony show is over. Ms. Desilets: 1 have four more -- Chairman Sanchez: Yes, ma'am. Ms. Desilets: -- points -- Chairman Sanchez: No, you don't. Ms. Desilets: -- if you don't mind, based on -- Chairman Sanchez: I do mind City of Miami Page 198 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Ms. Desilets: -- the criteria. Chairman Sanchez: You've had plenty of time, and this Commission has been extremely patient with your ability -- Mr. Fernandez: Mr. Chairman. Chairman Sanchez: -- to state your record. Mr. Fernandez: The record should also reflect that the standard procedure for this Commission in all of these applications is to afford the applicant a reasonable period of time, and to afford the opponents an equally reasonable period of time. Chairman Sanchez: And I believe we've done that, Mr. City Attorney. Mr. Fernandez: I don't know who's been keeping record, but the comment should be made that, to the extent that they might have already exceeded the time allotted to the applicant, their time may also be running out. Mr. Robbins: We were not advised of any time limit. Chairman Sanchez: All right. Ms. Desilets: I have four -- Chairman Sanchez: Thank you very -- Ms. Desilets: -- points and that's it. Chairman Sanchez: -- much, ma'am. You're out of order. Ms. Desilets: No -- Chairman Sanchez: All right. How much time -- no, sir. That's it. This dog and pony show is over with. Mr. Robbins: Mr. Chairman. Chairman Sanchez: 1 believe you've had time to address the Commission. I believe that you've had more than -- more time than the applicant has had to address this Commission, and therefore, your statements are done. Mr. Robbins: Mr. Chairman. Chairman Sanchez: I believe you have reserved time for rebuttal. You have your time for rebuttal, and then we'll be done. We'll come back to this Commission for -- Mr. Robbins: May I make a record? Chairman Sanchez: -- a final deliberation. No, sir, you're out of order. Mr. Robbins: We did not have notice of a limitation, Mr. Chair. Chairman Sanchez: You are out of order. City of Miami Page 199 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Mr. Robbins: Thank you, Mr. Chairman. Chairman Sanchez: Thank you, sir. Mr. Robbins: We do have substantial evidence that we wish to put in that we haven't had an opportunity to. Chairman Sanchez: All right. You'll get to do it in a higher court. All right. Let's go. Mr. Robbins: We have to introduce it at this court in order for the court to make a ruling. Mr. Fernandez: Mr. Chairman, the opponent is correct. The opponent should be afforded the opportunity, in a very limited manner. If they say they have four more points to be made, to make the points directly, and not to reargue the issues -- Commissioner Allen: Right. Mr. Fernandez: -- as, apparently, they have been doing for the last several minutes. Chairman Sanchez: I have been gone an hour. Commissioner Allen: Right. Could 1 make a suggestion? Chairman Sanchez: OK, so if you want to put those four points and try to get it -- how long would it take you? Ms. Desilets: One minute. Chairman Sanchez: One minute? Vice Chairman Gonzalez: Twenty minutes. Mr. Fernandez: One minute. Mr. Robbins: No more than that. Ms. Desilets.: Two minutes. Commissioner Allen:: Wait, wait. Mr. Chairman -- Commissioner Winton: Deal. Commissioner Allen: -- I think, for the sake of doing this correctly, the attorney should be making that or putting this on the record. Mr. Attorney -- Mr. Robbins: OK, thank you. Commissioner Allen: -- you ought to know this. You should be the one doing this, please. Mr. Robbins: Thank you. I'll be -- Commissioner Allen: And cause you'll get -- you'll make it short, succinct, and we'll move on, so, please. Commissioner Winton: Well, he's no (UNINTELLIGIBLE) shorter than she is. City of Miami Page 200 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Mr. Robbins: I'll make it very short and succinct. As to the design criteria, siding should be -- minimize the impact of automobile parking in driveways, on the pedestrian environment, and adjacent properties. The parking area, entrances, and drives directly effected. I've already proffered the testimony. My expert would tests to the impact. The fact that the parking lot is -- does away with the pedestrian access of the north alleyway; that the garage feeds 1,174 parking spaces within 20 feet of the existing residential building. Number two, architectural -- Roman two, architectural landscape; architecture, respond to the neighborhood context. The most trafficked street gets the most treatment, and what benefit? The use of the green buffer at the front does not aid in noise reduction. The Biscayne landscaping is purely eye candy for vehicular traffics, as walking in the fumes and noise from the traffic is not a people friendly arrangement. It fails to respond to the fact that the high pedestrian area will be around Northeast 2nd Avenue, where there is already commercial across the street. It fails to create a transition. The transition's created in bulk to separate the massing, and creates eddy and wind speeds that are not conducive to pedestrian or vehicular movement. Studies should be done on the wind study to determine that impact at this time in order to determine whether or not this project is even feasible in the real world. The next thing she would have testified as to articulating the building facades. Mere artistic articulations do not in any way stop the noise, fire, smoke problems that are related to the parking garage. The grills and clouding will not stop the sound or the fumes from the cars. Vehicular access and parking; number three, parking adjacent to a street front should be minimized, and where possible, should be located behind the building. In fact, with respect to our buildings, it's in front of the building. There has been no showing that it's -- no showing by the applicant that they could not redesign the building to put the parking behind their ex -- the other uses, such as storefronts and residential use. The proposed plan puts the parking at the back of their building in face of ours. To the closest -- they place the parking where it's closest to the neighboring properties, rather than placing it where there's the greatest distance. Finally, it would be the opinion of my expert that in order to do fundamental design, urban site planning has to be considered a basic review of building codes, zoning codes, fire codes, in order to determine whether or not the project is even feasible. The failure to consider that is fundamentally -- makes the design fundamentally flawed. Thank you. Chairman Sanchez: Thank you very much. All right. Rebuttal, a few minutes. Ms. Dougherty: I just want to make a few points. This is a pretty elevation, right, for this building? This happens to be on our property line. In other words, to get to this door, you'd have to walk on our property, which we allowed them to do. In other words, this -- what you're looking at here is actually right here, and they couldn't get to their door unless they used our property, which we agreed to let them have because they are right on their property line. Likewise here, this is no alley. This is our private property, which again, we allowed them to use. We allowed them to come onto our private property and use this for access for their property, so unlike what they have said, they're unfortunate is that this will never happen unless we allow them to use our property, so yes, we want them to do this. We want them to preserve their building, but it can't happen unless we allow them on our private property, which we have agreed to do. I'd like, just real quickly, the architect to testify in rebuttal to some of the things that their architect said. Mr. Elkus: 1 would like to make a very quick response, and I'd like to do it on two levels. One is -- the first level I would like to respond -- and 1 appreciate the presenter's comments about the overall project design. Let me respond to the urban design aspects of this entire development. As an urban designer, one has to take into account the objectives of the city as they -- not just as they are, but as they are intended. Miami 21, our meetings with the City all had to do with a changing environment, and the -- this project has been designed not to look backward, but to look ahead as to what is happening around us. There is an incredible new performing arts facility two blocks to the south on Biscayne. That will bring many people to this area, and if we acknowledge that on Biscayne, we have the ingredients of making Biscayne a great pedestrian City of Miami Page 201 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 avenue. I'm thinking Michigan Avenue. I'm thinking Paris Champs-Elysees and so forth. Don't underestimate the potential of Biscayne as a major pedestrian street, A. B, there's a major retail development about to be permitted and underway, under construction to our northwest. All of that says that 17th will be a major -- has the potential of a major pedestrian environment. Commissioner Allen: Mr. -- Chairman Sanchez: Sir, you need to -- Commissioner Allen: Mr. Chairman. Chairman Sanchez: -- wrap up the rebuttal. Commissioner Allen: Yeah, if I could -- Mr. Elkus: OK. Commissioner Allen: -- quickly, Mr. Elkus -- Mr. Elkus: All I'm saying is that -- Commissioner Allen: But, Mr. Elkus, quickly, respectfully -- Mr. Elkus: Yes. Commissioner Allen: -- you're doing a rebuttal, record is being laid here. You have to address two quick issues; simply put -- Mr. Elkus: Yes. Commissioner Allen: -- the issue that they brought up was with respect to the distance between the two buildings and the parking garage, so -- Commissioner Winton: That is -- those are not -- Commissioner Allen: -- but just those two points, and that's it. Commissioner Winton: Those are not the only issues they put on the record Commissioner Allen: No, no, I know, but that's -- Ms. Dougherty: I'll answer the -- Commissioner Allen: -- the chief concern. Ms. Dougherty: First of all, we met with the Fire Department and the Building officials before we even sat down to draw this plan, so they have seen this project, and they don't have any objections to it -- Commissioner Allen: OK. Ms. Dougherty: -- from a fire standpoint. Along both of these areas here, these are not going to be opened. These are going to be treated as if they are residential. They're going to be closed, except for the small portions, the minimal amount we need for ventilation. City of Miami Page 202 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Allen: OK. Ms. Dougherty: So they're not going to be opened. They're not going to hear things; hear, you know, traffic around it. It's -- they're acting as if this is going to be opened. It's going to be closed, except for ventilation. Commissioner Allen: OK, thank you. That's good Chairman Sanchez: All right. Does that conclude your rebuttal? Unidentified Speaker: Yes, sir. Chairman Sanchez: Thank you very much, and it comes back to the Commission. I mean, I'm sorry -- director. Ms. Slazyk: Yeah, I just need to put a couple quick things in the record. There was testimony that this didn't comply with 1305.2. They made some specific points about site planning, unsafe structures, responding to neighborhood context, wind studies, articulating building facades, and vehicular access and parking. I wanted to put for the record that all of these were considered and reviewed under this MUSP (Major Use Special Permit), and they were found to be consistent, in compliance with the criteria. There is no requirement for wind studies in our MUSP. Regarding the site planning, they said that this made no attempt to replicate the existing building. There's no requirement, when considering context, that a new building has to replicate or mimic an existing building, so that's not correct. There was a statement made about the -- that this would create an unsafe structure and the building code issues, which I've already addressed. It is not part of this criteria. Life safety issues are taken into account at the time of building permit. Regarding the articulation of building facades, that they were -- they said not -- they related it to fire and smoke. Again, that is -- the articulation of building facades is not related to fire and smoke; it's related to creating an attractive building facade for an urban environment, and Biscayne Boulevard is considered to be the primary pedestrian street for this project, and the vehicular access and parking were all done safe, so they met the criteria. Commissioner Allen: Yeah, Mr. Chairman, just quickly, as we wrap this up, is -- I don't want to belabor this point, but you said some very operative things, Lourdes. Can we have Orlando come just as -- since a record is being built -- established here, this whole issue about distance between the building. Can you put some comment on the record regarding that issue? Orlando Toledo: Orlando Toledo, Zoning Administrator. As Lourdes stated, we looked at the distances. The distances are fine. Actually, they're given ten feet more than what they need. Chairman Sanchez: All right. Commissioner Allen, do you have -- Commissioner Allen: All right. That's it. Chairman Sanchez: -- any more questions? Commissioner Allen: That's it. Chairman Sanchez: OK, no further question. It comes back to the Commission. It's time to fish or cut bait. Commissioner Winton, you're recognized. Commissioner Winton: This is very interesting because I've watched this building for probably close to 20 years because the -- it is a cool building. It is a neat, old building, and the idea of saving this building is a great idea. The tragedy is that the building's built right on the property line, and in fact, encroaches on these people's property. They didn't do that. They didn't do that. City of Miami Page 203 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Whoever built it originally did it, and that's created the biggest part of this conflict. The design that we have in the new property, and the description of how it's going to interrelate with the street, all the streets, and the different uses, and the different heights of structures, may be the best presentation I've ever heard from an architect. It was incredibly well done. They've thought about a lot of things. They've thought about almost everything, and the architecture design itself is absolutely fabulous. I don't know what you -- because, as was pointed out, this rendering of this building can't happen absent their willingness to allow them to get onto their property to get into this door because the building's built right on the property line. 1 don't know what all you all can do. 1 would simply encourage you to work as hard as you can to help make that building a success. I don't think we want to lose that building. I think that is a gem. I think you have great experience in dealing with old and new, and I would encourage you to do everything that you can to make sure that this building remains a success and doesn't go back into the same disrepair it's been in for 20 years. That's what I would encourage you. I'm not going to make it a condition of anything. I don't know that I agree with all of their demands or any of their demands. I do only know that that is really a building that we ought to do everything in our power to save and allow this developer to completely restore, and it's going to be a great value to that neighborhood, and I think, long-term, to your project, so that said, 1 would move acceptance of staffs recommendation -- what item, PZ.21 ? Commissioner Allen: 21, that's correct. Commissioner Winton: -- staffs recommendation on PZ.21. Chairman Sanchez: All right. There's a motion to accept the staff recommendation -- Commissioner Regalado: Second. Chairman Sanchez: -- of approval. Vice Chairman Gonzalez: Second. Chairman Sanchez: It's a resolution. There's a motion by Commissioner Winton, second by Commissioner Regalado. It's a resolution. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and of course, you have the opportunity to take it to a higher court. Thank you. Ms. Dougherty: Thank you very much. PZ.22 04-01208 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY THE MORNINGSIDE CIVIC ASSOCIATION, INC. AND ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ, AFFIRMING OR REVERSING THE DECISION OF THE MIAMI ZONING BOARD, THEREBY APPROVING WITH CONDITIONS OR DENYING THE CLASS II SPECIAL PERMIT APPLICATION NO. 03-0309 ISSUED ON JULY 21, 2004, TO ALLOW NEW CONSTRUCTION FOR THE PROPERTY LOCATED AT APPROXIMATELY 5101 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." City of Miami Page 204 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 04-01208 Legislation (Version 2).PDF 04-01208 Exhibit A.PDF 04-01208 Legislation (Version 3).PDF 04-01208 Exhibit A.PDF 04-01208 Zoning Map.pdf 04-01208 Aerial Map.pdf 04-01208 ZB Appeal Letter.PDF 04-01208 ZB Reso.PDF 04-01208 Class II Appeal Letter.PDF 04-01208 Class II Final Decision.PDF 04-01208 Plans.PDF 04-01208 UDRB Reso.PDF 04-01208 Class II Referral.PDF 04-01208 Fact Sheet 11-18-04.pdf 04-01208 Fact Sheet 05-26-05.pdf 04-01208 Fact Sheet 07-28-05.pdf REQUEST: Appeal of a Zoning Board Decision of a Class II Special Permit Appeal LOCATION: Approximately 5101 Biscayne Boulevard APPLICANT(S): Chetbro, Inc. APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire APPELLANT(S): Morningside Civic Association, Inc., Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz, Adjacent Property Owners APPELLANT(S) AGENT: Andrew W.J. Dickman, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and uphold the Zoning Board's decision of the director's decision. ZONING BOARD: Denied the Class II Special Permit appeal on October 4, 2004 by a vote of 8-0. PURPOSE: The approval of this appeal will not allow the new construction of a mixed -use structure. NOTE: On November 18, 2004, the City Commission granted the appeal. CONTINUED R-04-0764 Note for the Record: Item PZ. 22 passed on November 18, 2005 as R-04-0764, granting the appeal. It was reconsidered on December 9, 2004 and was continued on July 28, 2005. A motion was made by Commissioner Winton, seconded by Commissioner Allen, and was passed unanimously, to continue item PZ22 to the Commission Meeting currently scheduled for September 22, 2005, at a time certain of 10:00 a.m. City of Miami Page 205 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Chairman Sanchez: PZ22. Lourdes Slazyk (Assistant Director, Planning & Zoning): My understanding is there's going to be a request to continue PZ.22. Chairman Sanchez: All right. Is there a request for continuance? Lucia Dougherty: Like a 60-day continuance on PZ.22. Chairman Sanchez: All right. Is there a motion to continue -- Commissioner Winton: So move. Chairman Sanchez: -- this item for 60 days? Commissioner Winton: So move. Chairman Sanchez: There's a motion by all the Commissioners. All in favor, say "aye." Jorge L. Fernandez (City Attorney): OK, to a time -- Ms. Slazyk: For the record -- Mr. Fernandez: No, hold it. Ms. Slazyk: -- September 20 -- Chairman Sanchez: I can't do that, Madam Clerk? Unidentified Speaker: No. Chairman Sanchez: All right. There's a motion by Commissioner Winton and Commissioner Allen second it. All right. Commissioner Winton: Yeah, we don't want to hear it tonight. Chairman Sanchez: The item has been -- all in favor, say "aye." The Commission (Collectively): Aye. Mr. Fernandez: Well, time certain -- we need -- Ms. Slazyk: September -- Mr. Fernandez: -- a time certain. Ms. Slazyk: -- 22, 10 a.m. Chairman Sanchez: September 22, 10 a.m., as stated on the record. Ms. Slazyk: Ten a.m. or after. Commissioner Winton: Oh, OK. PZ.23 04-01209 RESOLUTION City of Miami Page 206 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY THE MORNINGSIDE CIVIC ASSOCIATION, INC. AND ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ, AFFIRMING OR REVERSING THE DECISION OF THE MIAMI ZONING BOARD, THEREBY APPROVING WITH CONDITIONS OR DENYING THE CLASS II SPECIAL PERMIT APPLICATION NO. 03-0308 ISSUED ON JULY 21, 2004, TO ALLOW NEW CONSTRUCTION FOR THE PROPERTY LOCATED AT APPROXIMATELY 5225 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." 04-01209 Legislation (Version 2).PDF 04-01209 Exhibit A.pdf 04-01209 Legislation (Version 3).PDF 04-01209 Exhibit A.pdf 04-01209 Zoning Map.pdf 04-01209 Aerial Map.pdf 04-01209 ZB Appeal Letter.PDF 04-01209 ZB Reso.PDF 04-01209 Class II Appeal Letter.PDF 04-01209 Class II Final Decision.PDF 04-01209 Plans.PDF 04-01209 UDRB Reso.PDF 04-01209 Class II Referral.PDF 04-01209 Fact Sheet 11-18-04.pdf 04-01209 Fact Sheet 05-26-05.pdf 04-01209 Fact Sheet 07-28-05.pdf REQUEST: Appeal of a Zoning Board Decision of a Class II Special Permit Appeal LOCATION: Approximately 5225 Biscayne Boulevard APPLICANT(S): Biscayne & 54 Double Drive Thru APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire APPELLANT(S): Morningside Civic Association, Inc., Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz, Adjacent Property Owners APPELLANT(S) AGENT: Andrew W.J. Dickman, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and uphold the Zoning Board's decision of the director's decision. ZONING BOARD: Denied the Class II Special Permit appeal on October 4, 2004 by a vote of 8-0. PURPOSE: The approval of this appeal will not allow the new construction of a mixed -use structure. NOTE: On November 18, 2004, the City Commission granted the appeal. City of Miami Page 207 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 WITHDRAWN R-04-0765 Note for the Record: Item PZ. 23 passed on November 18, 2005 as R-04-0765, granting the appeal. It was reconsidered on December 9, 2004 and was withdrawn by the Applicant on July 28, 2005. Chairman Sanchez: All right. PZ.23. Lucia Dougherty: I'd like to withdraw that. Chairman Sanchez: OK. Commissioner Winton: So move. Chairman Sanchez: They're withdraw -- no, you don't need motion to withdraw it. 24. Lourdes Slazyk (Assistant Director, Planning & Zoning): 24 was Mercy; we did that already. Chairman Sanchez: 24 was done. We're moving along. PZ.24 05-00567 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY APPROVING WITH CONDITIONS OR DENYING, THE CLASS II SPECIAL PERMIT APPLICATION NO. 05-0065, ISSUED BY THE PLANNING DIRECTOR ON MARCH 16, 2005, TO ALLOW AN ADDITION/REMODELING FOR THE EMERGENCY DEPARTMENT, LOCATED WITHIN THE MERCY HOSPITAL GROUNDS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3663 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." 05-00567 Legislation (Version 2).pdf 05-00567 Exhibit A.pdf 05-00567 Legislation (Version 3).pdf 05-00567 Exhibit A.pdf 05-00567 Zoning Map.pdf 05-00567 Aerial Map.pdf 05-00567 ZB Appeal Letter.pdf 05-00567 ZB Reso.pdf 05-00567 Class II Appeal Letters.pdf 05-00567 Class II Final Decision.pdf 05-00567 Class II Referral.pdf 05-00567 Plans.pdf 05-00567 Fact Sheet.pdf REQUEST: Appeal of a Zoning Board Decision of a Class II Special Permit Appeal LOCATION: Approximately 3663 S Bayshore Drive APPLICANT(S): Mercy Hospital, Inc. City of Miami Page 208 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 APPLICANT(S) AGENT: Peter Mills, Director of Plant Operations APPELLANT(S): Bay Heights Home Improvement Association and Nancy Benvaich, Adjacent Property Owners APPELLANT(S) AGENT: W. Tucker Gibbs, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and uphold the Zoning Board's decision of the director's decision. ZONING BOARD: Denied the Class II Special Permit appeal on May 23, 2005 by a vote of 8-0. PURPOSE: The approval of this appeal will not allow for the addition/remodeling of the Emergency Department for Mercy Hospital. WITHDRAWN Note for the Record: Appellant withdrew application. Chairman Sanchez: All right. Let's go ahead and get the Mercy item out of the way. Let's go. Commissioner Allen: OK. Which -- that's PZ (planning & zoning) -- Jorge L. Fernandez (City Attorney): What is the number? Chairman Sanchez: Hey, Frank. Commissioner Allen: Which item? PZ -- Mr. Fernandez: What is the number, Lourdes? PZ -- Commissioner Allen: Was it PZ -- Unidentified Speaker: 24. Lourdes Slazyk (Assistant Director, Planning & Zoning): I'm looking for it. Commissioner Allen: -- 24? Mr. Fernandez: Is it 20 -- 24. Ms. Slazyk: PZ 24. PZ.24 is an appeal of a Class II Special Permit application. It was the Planning and Zoning Department -- Planning Department granted the Class II Special Permit. It was appealed to the Zoning Board. We recommend denial of the appeal and uphold the Zoning Board's decision, which was upholding the director's granting of the Class II permit. Chairman Sanchez: All right. Ms. Slazyk: Since it is an appeal, the appellant goes first. Chairman Sanchez: Absolutely. Counsel, state your name and address for the record. Tucker Gibbs: My name is Tucker Gibbs, offices at 215 Grand Avenue, in Coconut Grove. I represent the Bay Heights Homeowners Association and the Natoma Manors Homeowners City of Miami Page 209 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Association, and I'd like to announce that we've reached a settlement with Mercy Hospital, and we are -- Mercy Hospital has agreed to create a master plan for Mercy Hospital when they proposed development that will reach or exceed a threshold for a Major Use Special Permit. That was what we were going to be asking for as a condition of your Class II permit, and they've agreed to do that. Commissioner Winton: Good work. Commissioner Allen: Good. Ben Reid: My name is -- Commissioner Regalado: Wow. Commissioner Allen: That's good Mr. Reid: -- Ben Reid. I'm Ben Reid with Carlton Fields at -- Chairman Sanchez: Good. Mr. Reid: -- 100 Southeast 2nd Street. The rest of the agreement is that this current appeal will be withdrawn, and there will be no further appeals relating to the -- Commissioner Winton: Emergency room. Mr. Reid: -- emergency room expansion. Chairman Sanchez: Thank you very much. The appeal has been withdrawn. Thank you, folks. Thank you for coming. Commissioner Winton: Mr. City -- Commissioner Allen: Good luck. Chairman Sanchez: Have a good evening. Commissioner Winton: Mr. City Attorney. Commissioner Regalado: That was easy. Commissioner Winton: Mr. City Attorney. Chairman Sanchez: Mr. City Attorney. Commissioner Allen: Hey, Mr. Chairman. Commissioner Winton: Hey, would I have had a conflict -- Commissioner Allen: I thought you were looking for fireworks here. Commissioner Winton: -- of interest given the fact that I'm a Bay Heights resident? Tucker. Chairman Sanchez: I told you I'd get you home quick. Ms. Slazyk: That was record time. City of Miami Page 210 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Chairman Sanchez: All right. Please, as you exit City Hall, let's keep our noise to a minimal level so we could continue to provide the most professional service. Commissioner Regalado: What are they going to do with all these shirts? PZ.25 05-00568 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD AND THEREBY APPROVING WITH CONDITIONS, THE CLASS II SPECIAL PERMIT APPLICATION NO. 05-0028 ISSUED BY THE PLANNING DIRECTOR ON APRIL 18, 2005, TO ALLOW NEW CONSTRUCTION OF THE MILEBELLA PROJECT, ON THE PROPERTY LOCATED AT APPROXIMATELY 6151 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." 05-00568 Legislation (Version 2).pdf 05-00568 Exhibit A.pdf 05-00568 Legislation (Version 3).pdf 05-00568 Exhibit A.pdf 05-00568 Zoning Map.pdf 05-00568 Aerial Map.pdf 05-00568 ZB Appeal Letter.pdf 05-00568 May 23, 2005 ZB Reso.pdf 05-00568 April 18, 2005 Revised Class II Appeal Letter.pdf 05-00568 Revised Class II Final Decision.pdf 05-00568 Class II Rescinded Final Decision.pdf 05-00568 March 28, 2005 ZB Reso.pdf 05-00568 February 11, 2005 Final Decision.pdf 05-00568 Class II Referral.pdf 05-00568 Plans.pdf 05-00568 Warranty Deed.pdf 05-00568 Fact Sheet.pdf Motion by Commissioner Winton, seconded by Vice Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen R-05-0495 Chairman Sanchez: 25. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.25 is an appeal of a Zoning Board decision regarding a Class 11 Special Permit for the 6151 Biscayne Boulevard project. The Planning Department is recommending denial of the appeal, upholding the Zoning Board's decision. The Zoning Board denied the original Class II Special Permit appeal, and we recommend that the Class II be upheld, and that the appeal be denied Chairman Sanchez: All right. This is PZ (planning and zoning) item, which is a resolution, is an appeal. Mr. Cruz, how much time are you going to need, sir? Elvis Cruz: Probably about five minutes, sir. This is a joint venture with a couple of neighbors City of Miami Page 211 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 here. Chairman Sanchez: OK, great. Mr. Cruz: It's one of those short and sweet PowerPoints that I know you gentlemen enjoy hearing. Chairman Sanchez: Thank you very much. OK, so you'll have your five minutes, and then -- now, does the Department -- you've already stated your -- Ms. Slazyk: Yeah. Chairman Sanchez: -- on the record, OK. Ms. Slazyk: Yeah, your package has the Class II. The appellant will go first, and then the original applicant of the Class II will follow. Chairman Sanchez: OK, where -- OK, they're here. All right. Sir, you have the floor. Mr. Cruz: Thank you, Commissioners. My name's Elvis Cruz, 631 Northeast 57th Street, Miami, here on behalf of the Morningside Civic Association, and supporting our neighbors on 61st Street and Bayside. We're appealing the Class II Permit because it violates two sections of the Zoning Code, the SD-9 overlay, and 1305. First, SD-9 says a mixed -use building can have a maximum building height of 8 stories or 95 feet. This building is 110 feet tall, exceeding that by 15 feet. Throughout the Biscayne Boulevard charette and SD-9 amendment process, we were told that building height limits were just that, the total height of the building, as was explained by Planning Department personnel. Ninety-five feet would allow a mixed -use building to have eight floors because buildings usually have a floor interval of ten feet, which adds up to 80 feet, with an additional 15 feet for rooftop utilities, stair tower, elevator overrun, parapet walls, et cetera, but now we are being told that 95 feet means the height of the roof above an inhabited floor. The language of SD-9 specifically states building height maximum, not roof height maximum. Article 25 of the Zoning Code does have a paradoxical definition of building height in that it defines an overall height of a building, as measured to the top of the roof. That definition contradicts itself because measuring to the roof and ignoring anything protruding above that level would not be an overall height because overall means including everything, comprehensive, and would, therefore, include parapets and utilities, et cetera, but more importantly, SD-9, in Section 3, states all ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Also, it is standard legal practice that when there are two similar regulations, the most restrictive regulation applies. Next, regarding Section 1305, as verified by our City Attorney, FAR (floor/area ratio) is a maximum, not an entitlement because proposed buildings must also comply with the design review criteria of Section 1305; respond to the physical contextual environment, taking into consideration urban form, respond to the neighborhood context, and create a transition in bulk and scale. This building fails to meet these criteria from three perspectives: First, the width of the street. Biscayne Boulevard is only 90 feet wide at this point, relatively narrow, because Biscayne was originally a series of streets through residential single-family neighborhoods. This is why there are still 15 of the original single-family homes still standing on upper Biscayne, minus the one demolished for this building, and why this lot is only 122 feet deep. What is the proper scale for a 100-foot wide commercial street like Biscayne? Miami -Dade County's Urban Design Manual shows the preferred scale as being three stories. The drawings of properly scaled buildings show two- and three-story buildings as examples. The second perspective is the physical contextual environment, taking into consideration the urban form of Biscayne Boulevard, which is from 48th Street, where the wide median ends, northward to the city limits at 87th Street, is a distance of 2.48 miles; yet, there are only 14 buildings higher than two stores, and over 95 percent of the properties are two stories or City of Miami Page 212 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 less. Here's what we don't want repeated. This building is at 57th Street, illegal when built; has a roof height of 91 feet, very similar to the proposal. This building has a 23-foot side setback; the proposal has zero. This building has a 25 foot front setback; the proposal has zero, with an arcade, and then 40 feet up in the air, only a ten foot setback. The City's Planning Department issued this publication, which shows -- which only shows two- and three-story buildings as examples of good design and proper scale for Biscayne Boulevard. Mr. Hans Seitz, who lives down the block from this building, will continue. Hans Seitz: Thank you for listening. The third perspective -- my name is Hans Seitz. I live at 655 Northeast 61 st Street. The third perspective deals with the responding to the neighborhood context. Sixty-first Street is the most historic street in the Upper Eastside. For what we call 61 st Street today was first known as Lemon City Avenue because it was at the end of 61 st Street, just down the block from this site that the bay was deep enough to allow the pioneers to -- pioneer ships to settle. Lemon City, in the mid-1800s, even before the City of Miami existed -- in one of those oddities of Miami zoning, this street is zoned R-3, even though there are seven single-family homes and two duplexes on it. There are 12 apartment buildings on it, but only two of them are three stories tall; the rest are only two stories. Developers tend to dismiss any R-3 zoned area as underserving -- undeserving of protectionfrom out -of -scale buildings because R-3 has a 50-foot height limit, and they start their argument from there, but 1305 speaks of neighborhood context, meaning the existing built environment, not the abutting neighborhood zoning. This is the two-story apartment next to the site, and here is the scale drawing of the proposed building with the adjacent two-story apartment. You can see the design overwhelms the smaller building. Biscayne could become a hundred foot condo canyon. In summary, this building violates the 90-foot -- 95-foot height limit of SD-9 by 15 feet, and violates the design review criteria of 1305. FAR is a maximum, not an entitlement, as Commissioner Winton agreed at the March 10 Commission meeting, and has been verified by the City Attorney. Please approve our appeal by mod5ing the permit with these conditions: Allow only three stories of height, as specified by the Miami -Dade County Urban Design Manual in the historic neighborhood context, and please affirm that 95 feet is an absolute building height limit, not a roof height limit. Gentlemen, today is the 25th time that the Upper Eastside has come to City Hall to fight high-rises. I'd also like to add something that Mr. Cruz didn't prepare, but something I did. That this building is going to have great negative impact on our street. It's a dead end, and already children play on it daily, and it's going to create a lot of traffic on this street, through the construction and from people visiting the businesses in this building, and also, it might also even create parking problems. Also, I'd like to add that on the property that they're building on, there is several old (UNINTELLIGIBLE) oak trees, which add characteristic to our neighborhood, which are -- which some say are old and gone out of -- have grown out of control, but I say that a pruner with a good -- an arborist with a good pruning tool might do a good job to make them better trees. I'm just -- I'm in opposition of this, as you can well tell. Chairman Sanchez: Thank you very much. Is there anyone else? Mr. Seitz: 1 have one more thing to say. Before -- the people from Bayside Civic Association -- or Homeowners Association wrote a letter that was entered, I think, in the record, and it did not - - when they wrote that letter, they didn't ask for any input from any of the residents on 61 st Street or 62nd Street, and it was a letter endorsing this project, and I wish you'd disregard that letter because it does not speak the truth, as they didn't seek our advice or input. Chairman Sanchez: All right. Mr. Seitz: Thank you very much. Chairman Sanchez: Thank you very much. Mr. Cruz: Thank you, Commissioners, and happy birthday, Miami. City of Miami Page 213 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Chairman Sanchez: Thank you. All right, the applicant. Ben Fernandez: Good afternoon, members of the board. For the record, Ben Fernandez, 200 South Biscayne Boulevard, on behalf of the property owner, here today with Mr. Stephen Perricone, who is one of the premiere restaurateurs, and a real leader of our community; also with us is Mr. Dean Lewis of DB Lewis Architecture and Design, and his landscape architect, Mark Martin. This property is really not in Morningside at all. It is in the Lemon City area on MLK (Martin Luther King) Boulevard. It is a project that was approved by the UDRB (Urban Development Review Board), approved by the Internal Design Review Committee. What I've passed around to you are the comments that demonstrate that this project has undergone review pursuant to Section 1305. This project is providing more than what is required, in terms of a rear setback, considerably more. It is really something that the neighborhood is welcoming, and that's indicated by the support letter that we provided to you. At this corner, what you have is a service station, a liquor store, and an old, rundown motel. This is going to really do wonders for this intersection. We support staffs position, and we're here to answer any questions that you may have. One thing that I would like to point out is that the height argument, for the record -- we are consistent with SD-9, Section 915.1.1 of your Code allows structures to exceed maximum height in order to accommodate elevators, stairways, tanks, ventilating fans, and similar equipment. The only parts of this building that are exceeding the roof structure are the mechanical rooms that are necessary in order to accommodate the elevators, and 1 needed to make that statement for the record, but with that, I will close. Yet, it's less than 20 percent of the entire roof area, so that's consistent with your Code. Thank you. Chairman Sanchez: All right. Thank you very much. All right. Commissioner Winton, is there a motion? Commissioner Winton: There's some issues that I need to put on the record before I do anything, and part of it's information, and part of it is at least my point. As it relates to -- I don't know where Elvis is -- oh, OK. A number of things, one, this issue on absolute height, I don't know if you were here, but we had directed staff some time ago to work on moding the ordinance, because it is an ordinance, and it is absolutely unclear, and we know also, however, that the practice has been, historically, that height is the roofline, not -- height is measured to the roofline, not to the top of all of the stuff that goes on top of the buildings. That's historically what's been done. In this overlay district, we will have an ordinance that will come before the Commission in September? Ms. Slazyk: Yes. Commissioner Winton: -- for first reading that's going to define height as absolute, so that's coming, but it isn't here now. Number two, we don't have zoning in progress. Chairman Sanchez: All right. Commissioner Winton: This is important. Hold on. 1'11 go quick. We don't have zoning in progress. That's coming also. That's going to help us with all of this stuff where we don't have the law on our side right now, and I can't back anything up, but that will also be in front of us in September. Number three, we think that, by September, we're also going to have, as a part of Miami 21, September -- October, at the latest -- some of the new guidelines, particularly as it might relate to the Biscayne Boulevard Corridor, where we're going to get this thing where it's going to be something one way or another, and the debates are going to end. Now, as it relates to this specific project, 1 think that all of the issues that we're talking about where there is disagreement, I think two things: One -- and I'll start with the first part, relative to the other gentleman who was talking about the impact on the neighborhood. Listen, I've been in that neighborhood a lot. That little store that was on that corner, without question, was the absolute City of Miami Page 214 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 anchor for crime on Biscayne Boulevard, going north and south for miles, so impact on neighborhood, there wasn't anything that had any worst impact on the neighborhood than that building -- that little store had had for what, 20 years? I don't know, a long time. The issues relative to this building and what our current Code allows, 1 don't think we have much room -- and I've talked to staff -- I don't think we have a lot of room to modify that. I'm going to really hope, at the end of the day soon, when Miami 21 comes -- because I've listened to Elvis 100 times. He slowly converted me. Sometimes I'm slower than other times on things, but I think that the issue over height on a portion of Biscayne Boulevard that has yet to be clearly defined, and we've got to define it, I think his issue is right. I don't know if it's two stories or three stories, or maybe it's even four stories, but I don't think it's above that. I really believe that, and we've got to get there faster, as opposed to slower, so these debates can end. Because the fact of the matter is that the development community will meet the need, but they've got to know the rules, and when they know the rules, they're going to go as far as they think they can go, and we've got to fix it fast because I'm sick of sitting here having these debates because, frankly, I'm on both sides. We need economic development and some of the neighbors want it this way; some of the neighbors want it that way, and I think we can win this whole thing, so sooner is better than later. That all said, 1 really don't -- as much as I would like to, I don't see a way for us to deny this, and I'm going to move -- Chairman Sanchez: All right. There's a motion -- Commissioner Winton: -- what? Chairman Sanchez: -- to deny the appeal. Is there a second? Vice Chairman Gonzalez: Second Chairman Sanchez: Motion is made by Commissioner Winton -- Commissioner Winton: Oh, that's what it was. Ms. Slazyk: Correct. Chairman Sanchez: -- second by Vice Chairman Gonzalez. It is open for discussion. Hearing no further 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." Thank you very much. Mr. Fernandez: Thank you. PZ.26 05-00078a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 14, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY RESIDENTIAL TO "R-1" SINGLE-FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 632 AND 634 NORTHEAST 68TH 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 215 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 05-00078a Legislation (Version 2).pdf 05-00078a Exhibit A.pdf 05-00078a Analysis.pdf 05-00078a Zoning Map.pdf 05-00078a Aerial Map.pdf 05-00078a March 14, 2005 ZB Reso.pdf 05-00078a June 13, 2005 ZB Reso.pdf 05-00078a Application & Supporting Docs.pdf 05-00078a FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from R-1 Single -Family Residential to R-1 Single -Family Residential with an SD-12 Buffer Overlay District to Change the Zoning Atlas LOCATION: Approximately 632 and 634 NE 68th Street APPLICANT(S): Balans Biscayne Properties, LC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended denial to City Commission on March 14, 2005 by a vote of 7-0 of the request to C-1 Restricted Commercial with an SD-9 Biscayne Boulevard North Overlay District. Recommended approval to City Commission on June 13, 2005 by a vote of 8-1 of the request to R-1 Single -Family Residential with an SD-12 Buffer Overlay District. PURPOSE: This will change the above properties to R-1 Single -Family Residential with an SD-12 Buffer Overlay District. NOTE: At the City Commission meeting of April 28, 2005, the original companion request to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan from "Single Family Residential" to "Restricted Commercial" was withdrawn. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Regalado Noes: 1 - Commissioner Allen Absent: 1 - Commissioner Sanchez A motion was made by Commissioner Winton, seconded by Commissioner Allen, and failed, with Commissioners Allen and Regalado voting "No" and Chairman Sanchez absent, to approve Item PZ26 on first reading. A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Chairman Sanchez absent, to reconsider prior vote to approve Item PZ26 on first reading. Note for the Record: Item PZ26 subsequently passed on first reading. Chairman Sanchez: We move on to PZ26. City of Miami Page 216 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ26 is a request for a change of zoning on property 632 and 634 Northeast 68th Street. This is in order to add an SD-12 buffer overlay district to the property so that it can be used for parking adjacent to a proposed commercial use on Biscayne Boulevard. What I did want to put in the record here, it's been recommended for approval and approval by the Zoning Board. The granting of this change of zoning does not let them use the parking automatically. They still have to come back for a special exception in order to actually get plans approved, through the design review process. Those plans will address the things like ingress and egress, the landscaping, and the buffering, so all this would do today is give them the right to then come in and apply for the special exception they need in order to use this. Chairman Sanchez: All right. It's an ordinance on first reading. Maybe we could pass it on first reading and debate it in second Is there anyone in opposition to this item? OK. All right. Madam Applicant. Lucia Dougherty: Good evening, Mr. Chairman, members of the board Lucia Dougherty, with offices at 1221 Brickell Avenue, here today on behalf of the owner and the applicant, and with me today is the principal, Prady Balan, and his colleague, Paul Perdomo (phonetic). Balans is a restaurant that is -- was established in London 17 years ago. Currently, there are four London restaurants, and one on Lincoln Road in the United States. This is the second U.S. (United States) restaurant that he would like to establish, and the Lincoln Road one was actually established about eight years ago, and it's about the same size that we're proposing. If you've all been there, it's about the same size that we're proposing this evening. It's an institution in Miami Beach. It has great food, modest prices, local satisfier, and not a destination restaurant. They purchased the corner of eight -- 68th and Biscayne Boulevard, and it would be a perfect area for a neighborhood restaurant; someplace that folks around there can either walk or bike to, and it's also a perfect restaurant for the Upper Eastside. Six months ago, we started a process of trying to figure out a way to park and also have a restaurant because the existing motel, albeit the zoning district line divides what used to be a motel on the property, there's no long -- it's actually zoned residential. Somehow the residential cut right through the middle of what used to be a hotel, and -- excuse me, a motel -- and parking, so about six months ago, we started this process, and we thought that the only way that we would be able to establish parking in the C-1 district is to actually rezone it to C-1, and I think that the neighbors, the staff, the Planning Advisory Board, you, even the client, thought, you know, we'd really like to have a restaurant there, but we don't want to rezone this property, so when we came before you about four months ago, we were directed to work with staff and to try to find a solution. Well, the staff and the architect figured out a way to put parking in the SD-12 for this restaurant, and just across the street from this particular area, you have parking that is on the public right-of-way, that is perpendicular parking that services Jenny's Flowers. You may think it's actually Jenny's Flowers' private parking, but it's not. It's actually on the public right-of-way. This parking lot is going to have to re -- be required, assuming that we get your favorable vote this evening, and then September. This parking lot will have to comply with the SD-12 regulations, which is a 20-foot buffer, landscape buffer, hedged, walled, and actually being sort of like a little 20-foot park right in front of the parking lot before you even get to the restaurant. This is a request on first reading. You'll have to have second reading, and then, even if you -- we are favored by your vote on second reading, then we have to come back and have a special exception for the actual plan, so this evening I'd like Ilija Mosscrop just to show you, in conceptual, what the restaurant would look like and how it fits on the street. Chairman Sanchez: All right. Go ahead, sir. You're recognized. State your name and address for the record. Ilija Mosscrop: Thank you, Mayor and Commissioners. My name is Ilija Mosscrop. I'm the project designer for the Balans project, address at 940 Lincoln Road, Miami Beach. I know you City of Miami Page 217 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 all have had a long day, so I'll try to make this clear and quick. The boards you see on the top are kind of informational. The boards on the bottom are presentation drawings, showing the -- giving you a rough idea of what we're proposing. The first board shows the sites outlined in orange in the context of Biscayne Boulevard. It shows that, for 50 years, up until about two or three years ago, there was a motel that ran all the way down to the eastern part of the property with parking in front, facing Northeast 68th Street. The heavy -dashed line shows the delineation between C-1 with the SD-9 overlay and R-1, and as you can see, this line jogs in and out at what seems to be kind of random intervals. What this is doing is this property is bisected; half of it is C-1, half of it is R-1. OK, context. Here we are -- this drawing shows, in yellow, the surrounding properties and then the kind of areas involved in the parking for those properties. The blue indicates existing buildings, and this is roughly what we're proposing, the footprint of our new building and then the area of parking that we're going to require. Here's the proposed site plan, Biscayne Boulevard, Northeast 68th Street. The footprint of our building here is 2,100 square feet, with outdoor seating wrapping the corner of Biscayne and Northeast 68th Street. Here's the delineation. Here's the proposed parking. We're able to get 22 parking spaces here; 17 of those spaces are for the 1, 700-square foot restaurant; 4 of those spaces are for 4 one -bedroom apartments above the restaurant, and then one additional space for a visitor space. Here's the 20-foot buffer zone, which is very heavily landscaped, and you can see in these renderings, I hope, this is the view down Northeast 68th Street, so you can see -- as you're looking down Northeast 68th Street, this is the appearance of the wall that's required, but we'd like to make it a dream wall, so the whole thing looks almost like a tiny, urban park. This is a view as if you were standing -- looking across Biscayne Boulevard down Northeast 68th, showing roughly the mass of the building. It's a two-story building. Given the zoning of that -- of this particular site, my client is very much underdeveloping the site. We're allowed -- or given the FAR (floor/area ratio) that we're allowed to build, we're using only 26 percent of our allowable FAR. Given the height that we're allowed to build, this building, even though it's two stories, is about 40 feet high because they're tall floors, but that results in using 47 percent of our allowable height, and the building footprint, its impact, physical impact, is only 40 percent of what's allowed by the zoning, so it's a very modest physical impact. The owner of the building is, as you know, Balans Restaurant. It's not speculative. The building is designed -- is custom designed to accommodate their customers. They have a reputation in London and on Lincoln Road for being a neighborhood restaurant, for drawing locals, local patrons, and also local workforces, so it's a very neighborhood atmosphere. It set a track record for that; five restaurants in London, one restaurant on Lincoln Road, so the restaurant down below, four apartments up above. Commissioner Allen: What's the seating capacity? Mr. Mosscrop: The seating capacity, we're showing 150 chairs, and one thing I'd like you to bear in mind, it would be Mr. Balan's dream that every one of those 150 chairs had a person in them, but as is the case, if you have a table that can seat four or six people, it's rare that every single one of those tables has four or six people sitting at them, so I know that one of the concerns of our neighbors is that there are so many people there. Hundred and fifty is an ideal number; it'll be more like 80, 85 people at any given time. Commissioner Regalado: And since you have 150, you won't be able to have a liquor license, right? Commissioner Winton: Have a what? Commissioner Regalado: A liquor license. Chairman Sanchez: Liquor license. Mr. Mosscrop: I don't know what the law is on the liquor license. It will -- yes, he's saying we City of Miami Page 218 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 will. Commissioner Winton: (UNINTELLIGIBLE). Commissioner Regalado: I mean, 1 thought it was 200 seats, that's why. Chairman Sanchez: I don't know. I don't drink. Ms. Dougherty: I believe that you may be thinking of the distance requirements and the exemptions for the distance requirements between liquor licenses, but anyway, let me just point out one thing that caused us to have the hardship, and any facility, any retail, any restaurant that goes in this area will have the same hardship in terms of parking because your setbacks -- this 20-foot setback is actually measured from the base building line. The base building line is 11 feet into our property line, so in fact, this area here that would be basically a public, you know, area, is actually 20 -- 31 feet. It's taking off our property; it's totally unusable, and this is the problem that we had initially with the SD-12 overlay, but somehow, by reducing the building, by redesigning the parking with the Planning Department and the architect, they were able to figure out a way to provide the required parking on site. Mr. Mosscrop: And if I may just say one more thing, one of the reasons the restaurant is actually small, the interior, actual habitable space is very small is because we're -- the parking is wagging the tail, as it were. Now, we've tried very hard to confine all of our parking to our C-1 side of the site. There just isn't enough depth. There is not enough depth, given the setback requirements from Biscayne Boulevard, to have even ramps. You could not get -- you couldn't even have a ground floor garage with a liner building, which is something we explored There's just not the space physically to incorporate parking for any kind of building program if we are not allowed to place parking on this part of the property. Our original intention was to go for a C-1, to try and apply for C-1 to convert these two R lots to C-1. We've decided that that's not a good idea, so the integrity of the R-1 lots remains the same. All we're requesting is that we have some parking spaces. Chairman Sanchez: All right. Does that conclude your presentation? Ms. Dougherty: It does. Mr. Mosscrop: Thank you. Chairman Sanchez: All right. All -- those that are opposed -- have you been sworn in, those that will be -- you have not? Can you stand up and be sworn in by the City Clerk? Raise your right hand, please. Priscilla A. Thompson (City Clerk): Would we like to do this for all of the remaining, if anyone - Chairman Sanchez: Yes. Let's just go ahead and do it for all those that have come in for the remaining four or five more PZ (planning and zoning) items. If you are testing in front of this legislative body, you need to be sworn in. The City Clerk administered required oath under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chairman Sanchez: All right. How many are against this item? Are there any for? Oh, wow. All right. All those that want to speak, I'll afford you two minutes. Please step up, state your City of Miami Page 219 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 name and address for the record. Karen McGuire: I just want to hook up my thing here. Chairman Sanchez: All right. You're setting up? Let's go ahead and have someone that wants to speak on -- Ms McGuire: OK, sure. Chairman Sanchez: -- while they set up. OK, anybody else want to speak on the item, either for or against? We -- it's a public hearing now. Not everyone at once. OK, ma'am, good evening. State your name and address for the record, and then you have two minutes. Caroline Defreze: My name is Caroline Defreze. I live at 635 Northeast 68th Street. I live 12 feet from the project, and I just have a simple statement to make, and that is that the reason that I'm opposed to the re -- the permanent and the temporary rezoning of the R-1 lots based on the fact that they are R-1 lots for a reason, and the reason is that the street is unable to handle the impact that a bigger commercial entity would have on the street, and we can talk about swales being parks, and people coming on bicycles and buses to eat at the restaurant, but we all know that that's not true. Thank you. Commissioner Allen: Hmm, interesting. Good point. Commissioner Winton: Next. Commissioner Allen: Next. Ulrich Michel: Hello. My name is Ulrich Michel. I live at 577 Northeast 73rd Street. I'm opposed to the rezoning of the R-1 lots. I do realize it's an attractive design, but on the Boulevard, we do try to maintain the residential quality of the R-1 lots. Thank you. Commissioner Winton: I thought we weren't rezoning. What did I miss? Ms. Slazyk: Let me explain. I said this earlier, but I don't know if everyone heard. What this is an SD-12 overlay. You're not changing the underlying zoning; it remains R-1. The SD-12 overlay is what's going to give them a right to apply for a special exception, which requires City Commission approval in order to use it for the parking, so the presentation you just saw on the project, you will be seeing it again when they come in for their special exception. The SD-12 gives them the right to request it. Commissioner Winton: And -- but did I not understand that this site has historically been used for parking for a hotel that there was, or a motel, or whatever the hell it was? Ms. Slazyk: Yes, but they need the SD-12 in order to use it for this commercial venture because it didn't have legal status as -- Commissioner Winton: OK. Ms. Slazyk: -- parking. They couldn't just revive that status. It is R-1. Commissioner Allen: But the previous one, as Commissioner Winton said, was for parking with respect to the motel? No? Ms. Slazyk: I'm not sure how much of it, but in either case, they need the SD-12 if they want to use it for this parking for this restaurant. City of Miami Page 220 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Mr. Mosscrop: There was parking there for 50 years, along the Northeast 68th Street side of the streets. Ms. Defreze: Excuse me, but there was a coral rock house on that site, and part of the motel parking. It wasn't purely for parking. Commissioner Winton: It was both then. Ms. Defreze: Right, right. Commissioner Winton: OK. Mr. Mosscrop: This drawing shows -- OK, (UNINTELLIGIBLE). Ms. McGuire: Hi, ladies and gentlemen. My name is -- thanks for this opportunity to let me speak My name is Karen McGuire. I'm an AICP (American Institute of Certified Planners) and transportation planner, and I'm the president of the Bayside Residents Association, and I'm just going to do a little presentation of why we're opposed to this overlay. I can give you a little -- a brief history about the Bayside historic district, so you can really gauge what the neighborhood's like and put it in context to this project. This is -- the project will be located within the Bayside historic district. The project site itself is just on the perimeter of the historic district. It was excluded when 68th Street was designated as part of the historic district. This was -- this particular site, which was three lots, two R-1 s and one commercial, were excluded from the designation. Historic Bayside is from six -- seventy -- Commissioner Winton: Karen, hold on one second. He's -- Chairman Sanchez: All right. Is there any other speaker while we -- Commissioner Winton: Yeah, that's fine. Chairman Sanchez: -- resolve the technical difficulties that we're having? Commissioner Winton: It'll take one second. Chairman Sanchez: Anyone else? All right. Ma'am, you'll be the -- sir, you -- please, not everyone at once. Sir, you've been here most of the day today, have you? Sir, you've been here most of the day today. Yes. Ms. McGuire: OK. Chairman Sanchez: All right. Go ahead. State your name and address for the record. Go ahead. No, no, no, no. Go ahead, go ahead. Commissioner Winton: I think she's ready. Chairman Sanchez: Oh, are you ready? Ms. McGuire: Yes, I'm ready, sorry. Chairman Sanchez: All right. Ms. McGuire: OK. Historic Bayside is from 72nd Street to 68th Street, between Bis -- basically between Biscayne Boulevard and the bay. It's the oldest intact community in Northeast Miami. City of Miami Page 221 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 It was comprised offour subdivisions that were platted between 1909 and 1925. The home that you see in this display is one of the historic homes on 68th Street, on the block where Balans proposed site is. Biscayne -- the Bayside zoning, as you know, is mostly R-1 from Biscayne to the bay. There's now a commercial strip along Biscayne Boulevard, and there's currently an SD-9 overlay. That's another historic home on the 68th Street. As you know, property values have gone up. You can't say that those two R-1 lots have no value. On 680 Northeast 67th Street sold for 380 recently; that was 271 per square foot; 696 Northeast 68th Street, on the same block as the proposed site, just recently sold for 860, 000, at 307 per square foot; and 637 Northeast 68th Street just sold for 330 per square foot, so those residential lots do have intrinsic value in and of themselves. Commissioner Allen: Wow. Ms. McGuire: The configuration of 68th -- let me explain, 68th and 67th Street is a very special block It's out -- you know, it's separate from the rest of historic Bayside, and it's a horseshoe -shaped configuration, so 68th's one end of the horseshoe, it curves around, and then the other side of the horseshoe is on 67th. There's a 16-foot right-of-way; that's not very large. As you can see, here is looking down 68th Street, and the picture on the bottom is your curving around the bend to go to 67th. There are no sidewalks. There's a dead -- it's basically a dead-end street to the east, and it's fenced off from Palm Bay. The street character; it's a quiet, residential street with a rural configuration. It abuts Palm Bay grounds. There's a fence that creates a dead-end street, and the residents walk their dogs on this block, and the kids ride their bikes in the street. There are parking issues with the proposed site. According to ITE Parking Generation Manual, 7th Edition, the -- this establishment will generate between 50 and 70 cars at the peak dining hour, which I assume, for a more sophisticated restaurant like this, will be between like 8 and 9 o'clock Cars will park in front of the single-family homes, and currently, there is no identified place to valet park, and 17 parking spaces is just not enough, and they had originally proposed Morningside school, but that's going to prove to be problematic, as I'll show you as 1 go on. They mentioned that there's parallel parking on the -- that there's angled parking on the other side of the street. Well, that parking is illegal, and I'll show you a picture of how that goes. They're only supposed to park parallel on the other side of the street, where Jenny's Flowers is; and this is the site -- where the tree is, the big tree on this side, is the proposed site. On the right, where you see the red car, that's Jenny's Flowers. Now, the way that all those cars are parked is illegal. The two cars that you see there, that's about how wide the street is; two cars ft. The emergency vehicles have to go through, it's a problem with two cars, and also, if they -- as they had proposed, block off the street, they can't make a U-turn; they'd only be able to do a K-turn. Now, here's Morningside Elementary. I took this picture this morning. I don't really see any room to park. Do you? And this would be in the morning, afternoon, and I'm sure, in the evening, they have community events, PTA (Parent-Teacher Association) meetings, et cetera, so I don't know how that would be a viable option for valet parking. Now, there's a problem when we have the residential, what 1 call the residential commercial mismatch, and that is when you put the commercial structure next to a residential R-1 building. Now, here we have Ola, which is the restaurant that was -- I forget which street it's on. It's like fifty -something street, and it just recently closed. It was approximately the same size as this -- as the proposed restaurant will be. It had between, I think, 150 and 200 seats. They had quite a large parking lot. I think they had 25 parking spaces, but that wasn't adequate parking for their site. They were supposed to valet park in Publix. I was told by residents that they never did. There's a park -- there was a R-1 that was -- empty lot that was right next to them that was owned by the Lutheran Church across the street. The Lutheran church allowed people to park -- and there's a little house that you see right on the right-hand side there. Well, I spoke to the resident of that house. Her name is Lilly Keith, 1 believe, and she said that from Thursday to Saturday night -- and they had speakers outside, which I assume that Balans will since they'll have 75 seats outside, and that the noise was rattling the windows. The kids couldn't sleep at night. There was garbage in the lot over there, and they had continually reports to the police, and I was unable to obtain the police report today, but I'm sure it's a problem, so when you have a City of Miami Page 222 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 residential -commercial mismatch, you have unhappy residents who are constantly complaining about rats, noise, and garbage. You have failing businesses because of complaints, and thus, you'll have stalled or halted corridor development because you put an inappropriate use in the wrong place, and you'll have a missed opportunity. There's traffic issues also with this site. There's no legal left turn from the southbound lane, so if you're coming from say, 71 st Street, you can't make a left turn into 68th Street, so you're forced to go to 67th Street. That means it's going to be a big problem for the valets and for people entering the site. There's also, as I said, no room for a proper U-turn, and that will cause backup during the peak dining hour, so people won't be able to make the K-turn; they'll be backing up, waiting for the valets to park their cars after the 17 spaces are filled up, and ultimately, you -- what you have here and what we're really opposed to is the intrusion into the R-1s. The SD-12 overlay is essentially a rezoning, and we really can't look at it any other way. There's no evidence of hardship on this owner. He knew what he was getting into when he purchased the property. Once granted, these lots will never revert back to residential usage again, so in the event that this restaurant closes because it's too large for the site and nobody can park, then maybe Pollo Tropical will buy it. It sets a bad precedent for the entire corridor; two residential lots will be lost forever, and when do you end the intrusion into the R-1s; and, really, that wraps up my presentation. Thank you very much. Vice Chairman Gonzalez: Thank you. Anybody else that wants to address the Commission on this item? Yes, sir. Please come forward. Your name and address for the record. Henry Patel: My name is Henry Patel, and very rare occasion that the business owners from the Boulevard has ever showed up to speak, and I'm a owner of a motel on Biscayne Boulevard, and I'm going to speak -- I don't want to sound speaking for or against, but I have -- I'm going to put my penny into this because I've been on the Boulevard 16 years, and even though I have -- every City official, police, and neighbors know that I run one of the clean, crispy motels, but everybody has slammed; everybody in one part, and I have been a part of the (UNINTELLIGIBLE) as one of the motels on the Boulevard. Like I saw in the picture, all the restaurant -- if you recollect back, that was one of the first motel called a public nuisance in 1992 or '93, and the same way, I didn't even know that this particular property had a zoning of a motel, but it was sitting there doing nothing. Now, you know, during my years as a president of the Chamber of Commerce and board member, every neighbor wanted to see a change, and if you want to see a change, you have to be a part of the change. Yeah, there are hard compromises on both sides of the aisle, but you know, Boulevard is moving forward, but there is a fine line. There are people who are very skeptical of investing, and 1, for myself who live on the Boulevard, run a hotel -- just recently 1 bought a house right behind my motel, but I used to -- I still live at the motel with my wife and two kids, and if you look at the flipside of not allowing businesses to come in is you're going to go back to square one on the Boulevard, and it is the fact because there -- I voted for SD-9. I was a motel owner sitting on a board of Chamber of Commerce; was basically cutting off my own throat by voting for SD-9 because that won't allow any addition to any motels, but that was eminent. That was necessary for the neighborhood to get better, and I couldn't stand against it because I wanted my family to live in that neighborhood, so I voted for SD-9 back in '91, '92 to stop any addition to motels, but the fact is that the area is getting better. There are people coming into the area, but there are spots here and they were sitting idle, doing nothing, and if you want to increase the interest of investors -- because our property taxes have already been raised double -- then if we have to make a common compromise. There is nothing on a map where we can jot it down as a common ground. The common ground is two parties sit together and agree on something which will be viable for both the sides, and I think we have to do that because now wherever you see many business owners come -- I mean, I got to give it to the neighborhood that they are very vibrant people, who make decisions in that area. Many -- because of the fact many business owners lock up and go home and sleep not -- they don't live in Upper Eastside, but I do, and so do many other family friends of mine, who own motels in that area, and if you ask me, some motels are good, some are bad, but we all have been put in the same pot and mixed it up. Hey, get rid of the motels. Get a bulldozer and bulldoze them, but that's not a solution because let me give you one very good example. 1 was trying to bring a City of Miami Page 223 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 convention to City of Miami, which was taken to Broward County. 1 sat on the board of largest hotel association in the world, 8,000 members, $42 billion worth of asset in this country. Miami lost the convention because we don't have enough lodging facility to bring that convention. That's a fact, so we need hotel, but Upper Eastside, we need a change, and that's what I'm going to -- not going to take too much time, but I think it would be good for a compromise to bring these kind of businesses in, because, hey, you cannot move forward and look backward You have to make a decision. Vice Chairman Gonzalez: Thank you very much. Commissioner Allen: Mr. Patel, quickly, before you step away, so are you in favor of the SD (special district) overlay? Mr. Patel: Yes, I am -- Commissioner Allen: OK. Mr. Patel: -- in the favor of the restaurant. Vice Chairman Gonzalez: Thank you. Yes, sir. Elvis Cruz: If another speaker could go, I'm waiting for the gentleman to put me online here. Vice Chairman Gonzalez: Go ahead There is nobody else, 1 think. Mr. Cruz: Anybody else wants to comment? Vice Chairman Gonzalez: Any other speaker? Commissioner Winton: Yeah, there's two or three more. Vice Chairman Gonzalez: All right. Mr. Cruz: Ken, could you go over there? Vice Chairman Gonzalez: Yes, sir. Your name and address for the record. Ken Whiting: Ken Whiting, 742 Northeast 68th Street. I'm in favor of the project. I never really was against it. I had some concerns about size and maybe too big or something, but they've done a lot of adjusting, and you've got to put cars somewhere, and the question 1 want to ask, if they were to sell the property, that reverts back -- always stays R-1, and if they were to sell, it's R-1 again, and a new owner would have to reapply for some kind of overlay again, is that correct? Commissioner Allen: Well -- Commissioner Winton: Let her -- Commissioner Allen: That's Lourdes -- Vice Chairman Gonzalez: Let staff answer that. Commissioner Winton: -- let Lourdes right behind you answer that question. Commissioner Allen: Yeah. City of Miami Page 224 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Ms. Slazyk: No. Once the SD-12 is on there, that is an overlay that stays on the property. Commissioner Allen: Right. Ms. Slazyk: It will most likely disappear with our Miami 21. It'll become something else, but zoning doesn't revert back to something else. If a new property owner came in and wanted to reconfigure a different restaurant with different parking, they'd have to come in to modem it, but there -- the zoning doesn't go away. Commissioner Allen: Right, so it'll be permanent. Ms. Slazyk: Yes. Vice Chairman Gonzalez: Nothing is permanent. Commissioner Allen: Right. Mr. Whiting: Yeah, and I've been attending these Miami 21 meetings and whatnot, and a big push in those meetings is pedestrian friendly, a big subject was Biscayne Boulevard and, you know, establishments like this, and this almost seems to be like just what the doctor ordered what -- that has come out of these Miami 21 meetings, and that part of -- northeast part is sorely lacking of decent restaurants. Vice Chairman Gonzalez: So you're in favor of the -- Mr. Whiting: Yes, I'm in favor. Vice Chairman Gonzalez: Thank you, sir. Yes, sir. Mr. Cruz: Thank you, Commissioner. Elvis Cruz, 631 Northeast 57th Street, on behalf of the Morningside Civic Association, and in support of our sister association, Bayside. Mr. Steven Defreze has helped me with this process, and he'll give the first half of the presentation. Commissioner Winton: You guys are wearing me out. Vice Chairman Gonzalez: How long is your presentation going to be? Mr. Cruz: It's about three to four minutes, sir. Vice Chairman Gonzalez: OK. Steven Defreze: It'll be very quick My name is Steven Defreze. I reside at 635 Northeast 68th Street. I would have to say that, as any of the residents that'll be most impacted by this Balans being built, which we're not opposed to, it would be me and my family of seven. Gentlemen, we welcome a Balans restaurant to Biscayne Boulevard, but we oppose this SD overlay for three reasons: Number one, there is no hardship to justi.' this change of zoning. As we all know, someone cannot claim hardship when they've created the condition for which they are now claiming hardship. The applicant knowingly and voluntarily bought these two R-1 lots, even though they are not zoned for this intended use. There are many other properties along Biscayne that this successful restaurant chain can still buy. For example, there's a large, vacant lot at 74th Street, and an even bigger vacant lot at 75th Street, and the former fish (UNINTELLIGIBLE) restaurant at 87th and Biscayne. Here they wouldn't even have to build, only remodel, and it already has parking. Number two, this is a commercial intrusion into an R-1 residential area. This should not be allowed anywhere in Miami, but especially this area, City of Miami Page 225 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 which is not only the Bayside historic district, Elmira, but its most historic district, 68th Street, known to historians as the Elmira Colony after the early Miami pioneers, who arrived here in 1899 from Elmira, New York Some of the most beautiful architecture in this City is preserved on 68th Street, which was plotted in 1909, which may be why the right-of-way is so narrow; it's only 32 feet wide. The asphalt pavement is only 16 feet wide. The swale on the south side is only six and a half feet wide. There are no sidewalks, and there is certainly not enough room for parking. I thank you for your time, gentlemen. Vice Chairman Gonzalez: Thank you. Mr. Cruz: I'll continue from there. Number three, the restaurant and residential units they plan are too much. Even with the overlay, there is simply not enough parking for the 150 to 200 seats Mr. Balans has stated the restaurant will have. The applicants say they have an agreement with Morningside Elementary School to lease a parking lot there, but that public school is three blocks away, across Biscayne Boulevard, and in a residential neighborhood In this picture, the restaurant is at upper -right, marked with a coffee cup icon, and the school parking lot at lower -left, with a school bus. We spoke with the principal, Ms. Paris, who said that leasing the lot has not been approved by the school district, and that if it were, it would only be available from 7 p.m. to midnight and on weekends, and that any evening school activities, such as a PTA meeting or a school program, would have priority. The Balans restaurant on Lincoln Road is open from 8 a.m. to as late as 1 a.m. Can a restaurant legally function with a parking lot that is occasionally unavailable? And think of the precedent this would set, turning a public school in a residential neighborhood into a commercial parking lot. This should not be allowed anywhere in the City. For example, Commissioner Regalado, how would your constituents react if a restaurant were to set up a valet parking lot at Fairlawn Elementary, or Silver Bluff Elementary, with all that late night traffic? Commissioner Sanchez, what if this were done at Coral Way Elementary? Commissioner Gonzalez, if this were done at Comstock Elementary? And, Commissioner Allen, if this were done at Toussaint Louverture Elementary? And if you analyze the traffic patterns involved, you find a mess. Left turns are not allowed at 68th and Biscayne from any direction. Picture the valet attendants running across Biscayne Boulevard a hundred times a day to retrieve cars, then making a hundred left turns onto Biscayne to get back Customers and valet attendants will circle around the residential block with narrow streets and no sidewalks, and even if 68th Street is barricaded, you'll have problems with a narrow, dead-end street with no room for a U-turn. There is very little legal parking across 68th Street at Jenny's Flowers because perpendicular parking here is illegal, as it involves parking partially on an R-1 lot, then backing onto 68th Street. To give you a sense of how large this proposed 150- or 200-seat restaurant would be, consider the nearby Soyka Restaurant, which has a maximum occupancy of 216 people. It has 74 parking spaces next to it, and 86 shared spaces down the block, and a separate parking lot for employees with 36 spaces, and about 20 metered spaces on the street. Some incredulous statements were made at the Zoning Board hearing. Ten percent of the restaurant patrons will walk there; yes, some patrons will walk there, but ten percent is unlikely. Another 10 percent of the patrons will arrive by bus; this is highly unlikely. When was the last time any of us, or anyone we know, took a bus to go to a restaurant in Miami. In summary, this overlay request has it backwards. Instead of buying land that their building would fit on, or designing their building to fit the land they bought, they want the zoning changed to fit their design. In conclusion, to Balans we say, "Welcome to Biscayne Boulevard, but please obey the zoning laws as they are." Commissioners, please protect our neighborhoods and deny this overlay. Thank you. Vice Chairman Gonzalez: All right. Does that conclude your presentation? Mr. Cruz: Yes. Thank you, Commissioners. Vice Chairman Gonzalez: Yes, ma'am. City of Miami Page 226 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Eileen Bottari: Eileen Bottari, 505 Northeast 76th Street. I live in the Palm Grove neighborhood, which is on the west side of the Boulevard. Commissioner Winton, two years ago, 1 came before you with a similar issue. A investor had purchased a residential lot in my neighborhood and was trying to get it rezoned to create a commercial parking lot. Community leaders came with me from Morningside, Shorecrest, Bayside, and Palm Grove, and spoke on this issue. The main statement that was made by all was a zoning change would set a horrible precedent for commercial encroachment into surrounding Upper Eastside neighborhoods. The Commission voted 4 to 0 to deny a requested zoning change from a residential to commercial for a parking lot. Commissioner Winton, you made the statement after the vote, "This zoning change had the power to put in action a domino effect of subsequent zoning changes that could destroy the residential fabric of this neighborhood. " 1 hope that the Commission will continue to protect the residential neighborhood and protect the R-1 zoning. Thank you. Vice Chairman Gonzalez: Thank you. Anybody else? Yes, sir. Bill Traurig: Good evening. Bill Traurig, 780 Northeast 69th Street. I am in support of Balans. There is a number of things. First off I'd like to say that I do sit on both the Biscayne Corridor Chamber and the Upper Eastside Miami Council. I'm not here representing either, but one of the things that we do look for in the neighborhood is advancement. We have a renaissance going in the neighborhood currently, and we need to continue that. Commissioner Winton: Could you get close to the mike? Mr. Traurig: I'm sorry. Is this better? Commissioner Winton: Yes. Mr. Traurig: OK. We do have a renaissance in the neighborhood, and we need you to continue that. One of the pictures shown earlier was of a home that is a historic home. The individuals that live in that home had stated that they like the fact that Balans is coming in, and that was on 68th Street. They are not here tonight; they were unable to be here. I just wanted to mention that. One of the other -- there are a number of things that I think are very good. Elvis just mentioned that we were talking about pedestrian friendly. We are trying to be -- have the area become pedestrian friendly, as we all know. That's one of the things that this Commission has worked very hard on doing for most of Miami in different areas. With the changes on Biscayne, with the widening of the sidewalks on Biscayne, which will be coming shortly, that will be something that will help the neighborhood and make people want to walk and come into restaurants and other businesses and shops that would help to change the neighborhood and make it what it should be, so 1 ask you tonight to consider that as well. 1 thank you. Vice Chairman Gonzalez: Thank you. Commissioner Allen: Thank you. Vice Chairman Gonzalez: Good evening. Robert Flanders: Good evening, Commissioners, ladies and gentlemen. My name is Robert Flanders, and for the last 25 years, I've lived at 720 Northeast 69th Street, also known as Palm Bay Lane. Please, 1 beg your indulgence, let me preface my remarks today with our thanking you, the Commission, for your courage, determination, and foresight in implementing Miami 21. This plan, as designed, will leave a legacy, your legacy, for our grandchildren to cherish. Miami 21 is already an inspiration to the City's residents, giving them both hope and a voice in their future. The hard work, the 12 -- the 14-hour days that you, your staffs, and the City staff will pay dividends beyond your wildest dreams, so thank you for your hard work. Today, like yourself I'm standing before you, just as you're sitting there, with a lot of people on your shoulders. City of Miami Page 227 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 You're representing the constituency in your districts, and I represent a lot of people who couldn't be here tonight. David (UNINTELLIGIBLE) was here earlier. He could not be here tonight. Shane Graber, the former president of Bayside, is in Munich, Germany. Steven (UNINTELLIGIBLE) Coney came and went. He just bought Mosaics, which used to be Da Hermano, which is one block north of this, and he said, "Please, tell them I support this." Most of all, Mark Soyka could not be here tonight, but I have a message from him, which I'll be glad to shorten. Commissioners, we value businesses like Balans opening on Biscayne Boulevard. The three compelling reasons why the Upper Eastside wants Balans is, A, quality of life. Balans is a desirable destination restaurant in the same league as Soyka. Without Soyka, the Boulevard's current renaissance is inconceivable. Like Soyka, Balans will be owner -operated and occupied, and Balans' owner has a 17 plus year proven track record of success; five restaurants in London and one on Miami Beach on Lincoln Road Number two, it fits into the neighborhood. The proposed restaurant is a pleasing two stories high, not the massive, invasive, but allowable nine -story building, as planned by Jeffrey Morr, the prior owner of the property. Balans represents a huge departure of some of the current projects cropping up on the Boulevard and all over Miami, where developers appear to be going for quantity, not quality. The third reason is sustainability. With a creative valet parking solution, actually suggested by Elizabeth Plater-Zyberk in her book Surburan Nation, Balans has solved this parking problem with a potential lease with Morningside Elementary; their lot is empty at night. When the Boulevard was built in 1925, the commercial lots above 50th Street were incredibly shortchanged. They're very shallow and can't support any but the smallest businesses. Without creative solutions to parking, the Boulevard can't sustain the desirable businesses that local residents value, and incidentally, I sit on the board -- the executive board of the American Legion, and I'm going to propose at our next executive board meeting that we give thought to the Legion leasing their lot, which is very large, to Balans. Balans' many neighborhood meetings started with the Upper Eastside Miami Council, and they satisfied the concerns of the reasonable and responsible majority of the community. While you just can't satisfy everyone, Balans' sensitivity and their responsiveness clearly balance their needs with the needs of the community. We cannot imagine a restaurant more suitable for our vision of the new Biscayne Boulevard I don't know if I have the time to read a few sentences from Mark Soyka, but I can tell you that he concludes: "It would be very sad for the Upper Eastside to have this project denied. I urge you to vote favorably for this project." Shane Graber from Munich, Germany, said that I can reiterate, even though I'm no longer president of Bayside, how much the majority of our Bayside and Upper Eastside residents are in support of this particular project. Gentlemen, I thank you for your time, and I thank you for your courage, your distinction, and obviously, not everybody agrees, but there's always two sides to every pancake. Thank you. Commissioner Allen: Thank you. Vice Chairman Gonzalez: Thank you. Commissioner Allen: Mr. Vice Chairman. Vice Chairman Gonzalez: All right. Does he conclude the public hearing? Commissioner Allen: Yes. Mr. Vice -- Vice Chairman Gonzalez: Yes, Commissioner. Commissioner Allen: Mr. Vice Chairman -- Ms. Dougherty: I just wanted to make a few rebuttal remarks. This, again, is only the first reading of the overlay. At the point at which we have a special exception, the Zoning Board can make certain criteria to make sure that the neighborhood is not impacted. They could limit the number of seats. They could limit the parking. They could do traffic stand -- traffic City of Miami Page 228 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 coordination. They could require no outside music. They could even require that if the ownership changed, that it has to come back to them, so many of these issues that the community raised as potential problems or adverse conditions could be addressed by the Zoning Board, and if they're not satisfied -- the community is not satisfied, it would end up coming to you anyway, so you would have that opportunity to look at these conditions in the future. Hardship is not a criteria for this kind of rezoning. The Zoning Board recommended approval, and your staff is recommending approval, and we would urge your favorable vote. Thank you. Vice Chairman Gonzalez: Thank you. Commissioner Allen: Thank you. Vice Chairman Gonzalez: All right. Commissioner Allen: Mr. Vice -- Vice Chairman Gonzalez: Commissioner Winton. Commissioner Winton: I don't know what the right decision is. I got to tell you, I don't know the right decision, and 1 think both sides make good comments, and I think both sides make some comments that make no sense to me. On the negative parts of this particular situation, I was looking at the zoning map here, up and down Biscayne Boulevard, and I've looked at many of them, and 1 know that Elvis showed us some nice, pretty pictures of other buildings and other sites, but the fact of the matter is, on Biscayne Boulevard, in this corridor, there are no sites, none, that are going to work for a 150-seat restaurant that's going to have the parking that everybody's going to want, so part of what you're going to have to deal with is whether or not you want any restaurants. Maybe we don't want restaurants up there either. Because you have no sites up there that are going to fit the kind of parking requirement anywhere close to that requirement that we know that Soyka's built, but the argument about the parking situation is extremely valid. How many spots are there? How many spaces, 17? There's no way in the world that for a 150-seat restaurant, that 17 parking spaces works. It doesn't work, and so the parking is going to go into the neighborhood, and the neighborhood can't deal with it, but the same issue is going to get repeated over and over and over again, and I'm going to suggest that you all in the community, probably working with our staff, we've got to find -- I really do think the community wants uses like this, but I'm suggesting that I'm not sure if this use works on the Boulevard with the current configuration of narrow streets, narrow, shallow commercial zoning and single-family (UNINTELLIGIBLE), and I don't know how to make it work. 1 know, in their heart, that everybody wants Balans -- is it Balan? -- Balans and other restaurants that are really nice. I know all of the -- everyone wants that. I am pretty convinced that we're going to find very, very, very, very few sites where it's going to work under the current reality of what's -- what -- how our community was built, so maybe you guys could figure something out, maybe you can't, but back to your restaurant. This site is even more difficult than some of the others because the fact of the matter is the neighborhood streets are what they are. There is virtually no swale, and there's certainly no pavement, and 17 car -- and parking at Morningside Elementary has its own set of problems, and the people that are going to suffer if the parking situation gets turned upside down are the immediate neighbors, and that's going to hurt your business dramatically. If you're parking -- if your customers have to park in the neighborhood -- because they're not going to park down the street. Oh, the lot's full. Well, lot's full; 1 can't figure out where to park, and I got to park in the street. One of two things happens: They park where they shouldn't be parking, in the neighborhood, or they don't stop at your restaurant, so you got two losers in this particular case, and you know, I'm kind of rattling up here, but I'm just telling all of you how I'm thinking about this. I have a sense that the -- is this one reading? Commissioner Allen.: This is first reading. Ms. Slazyk: The zoning change is two readings. Then they have to file for a special exception, City of Miami Page 229 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 with City Commission approval, so it'll go back to Zoning Board and then back here. Commissioner Winton: Well, let me tell you all how I'm leaning -- maybe what I will -- because what 1 was thinking about -- and I know we're quasi-judicial, and I said, you know, a damn judge is going to have -- every single time he gets to go away and think about it. I don't get to think about it. I have to make a decision tonight, and I don't like that in this case because I don't know what the right decision is because there's -- Unidentified Speaker: Could I say something? Vice Chairman Gonzalez: Excuse me. Commissioner Winton: No, you cannot. Vice Chairman Gonzalez: Excuse me. Commissioner Winton: There's rights and wrongs. Vice Chairman Gonzalez: We closed the public hearing. It's -- Commissioner Winton: Yeah -- no, I'm sorry. Vice Chairman Gonzalez: -- up to the Commissioner. Commissioner Winton: And I didn't mean to be rude at all, at all. My apologies. Unidentified Speaker: No, no. Commissioner Winton: But -- Unidentified Speaker: No offense taken. Commissioner Winton: -- I do want to think about it, but my sense is that this, in fact, is the wrong site. That's my sense; that's where I am right now. I think what I'm willing to do is, however, pass this on first reading because I want to think about it, and I want to sit with you and look at Biscayne Boulevard more. I want the neighbors to think about -- also get your own maps out, zoning maps, and -- Elvis, you've got a lot of stuff -- survey Biscayne Boulevard again in the sensitive areas that we're all focused on, and help me figure out if there really are -- you know, the -- where the restaurant is, the one that you showed the picture of you know, I don't know if that even works for something like they're trying to do; it may not. It may never have had enough parking either, so we've got some challenges in front of us if we want to make this work We also know, unequivocally, that this is probably the best scale building we've seen anybody bring to us period, ever, so that part we like a lot, but we don't want the intrusion into the neighborhood, and 17 parking spaces ain't enough, so I'm totally confused. I mean, I'm not confused I'm just -- I don't know -- the most appropriate seemingly right answer to me is say wrong spot. I don't want to make that decision tonight. Commissioner Allen: Commissioner -- Commissioner Winton: So in order to get to the next chance to make the decision, I have to vote yes in favor of this tonight, otherwise, it's dead, and I'm not sure dead's the right answer either, so I want all of us to have some time. We've got to think about this more; we've got to do some more analysis, so my motion is going to be to, on first reading only -- what am I doing? -- accepting staff recommendation to -- City of Miami Page 230 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Unidentified Speaker: Approve. Commissioner Winton:: -- do what, put in place the SD-9 overlay? Ms. Slazyk: Yeah, just recommending approval. Commissioner Winton: OK. Ms. Slazyk: Just motion to approve. Commissioner Winton: So that's all I'm doing, but second reading is when? Ms. Slazyk: September -- Commissioner Winton: OK. Ms. Slazyk: -- 22. Commissioner Winton: And by September, maybe we have some better thoughts, some better answers, but I just don't -- want to tell the folks from -- the good folks from Balans how I'm leaning, not that we don't want it, but this is a difficult decision, and we do have to fight hard to get people like you in our community, but we have to fight equally hard to protect our single-family neighborhoods, and that's the battle that I get elected to make the decision on, and as you can tell in this case, no matter what my decision is, half of my constituents are going to be mad at me, and half of them are going to be real happy with me because we have two different sides going here, but that's why I get paid the big bucks. Commissioner Allen: And Mr. -- Vice Chairman Gonzalez: All right, so -- Commissioner Allen: -- Vice Chair -- Vice Chairman Gonzalez.: -- we have a motion to approve. Do we hear a second? Commissioner Allen: Yeah, I have a second just for discussion. Vice Chairman Gonzalez: Second for discussion. Commissioner Allen: Yeah. Vice Chairman Gonzalez: Yes, sir. Commissioner Allen: Yes, Mr. Vice Chair. I don't need to reiterate, but I am troubled as well, Commissioner Winton. As I look at this, obviously, I have to look at this from a citywide perspective, notwithstanding it's not in -- the fact that it's not in my district, and I have to juxtapose the concerns, which compelling arguments were made, in my opinion, by the residents here, with respect to the parking issue. I see how narrow the streets are that are adjacent to this restaurant. I'm also moved by the fact that development is taking place there, but let me turn to Lourdes because two quick questions. As it stands now, do they have the -- they have the right to build that restaurant. They can -- nothing stops them. They just have to have the adequate parking, correct? Ms. Slazyk: Correct. The zoning's in place for the restaurant -- City of Miami Page 231 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Allen: Right, so -- Ms. Slazyk: -- but there's not enough parking. Commissioner Allen: But that parking, just based on what I hear, is frankly inadequate, so again, it goes back to the issue -- and I think the individual made a compelling argument on his PowerPoint presentation that it doesn't fit the land; that a better location would, perhaps, be better, so 1 understand Commissioner Winton's motion, but I guess 1 have to wonder -- you laid a few things out, Lourdes, about if one were to vote favorably, since this is first reading, versus denying -- I mean, of no vote. Commissioner Winton: Well, I've already made a motion to accept, so -- Commissioner Allen: Yeah. Commissioner Winton: --1 didn't make the motion to deny. Vice Chairman Gonzalez: There has been a motion to approve on first reading -- Commissioner Allen: OK. Vice Chairman Gonzalez: -- and you second it for discussion. Commissioner Allen: For discussion. Commissioner Winton: Because if I made the motion to deny, then it's dead for sure -- Vice Chairman Gonzalez: Right. Commissioner Winton: -- and I don't want to kill it just yet. Vice Chairman Gonzalez: Right. Commissioner Winton: I want time to think about it. It's a -- this -- Commissioner Allen: And so, that doesn't foreclose any -- right. Vice Chairman Gonzalez: No. Commissioner Winton: No. Ms. Slazyk: No, it's second reading -- Commissioner Winton.' Nothing -- there's -- Ms. Slazyk: -- you could still -- Commissioner Winton: -- no. Ms. Slazyk: -- yeah. Commissioner Allen: Right. Ms. Slazyk: Second reading, you could reconsider, yeah. City of Miami Page 232 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Allen: Correct. Commissioner Winton: And what -- Commissioner Allen: OK. Vice Chairman Gonzalez: OK. Commissioner Allen: That's what I want to make sure -- Commissioner Winton: We are going to send some sort of message -- Commissioner Allen: -- that they realize that. Commissioner Winton: -- and that's another issue here. Commissioner Allen. Right. Vice Chairman Gonzalez: Commissioner Regalado, you're recognized. Commissioner Allen: Yeah, I just want to make sure that they are aware that it doesn't foreclose their -- Commissioner Winton: Oh, they know. No, trust me, they know. Vice Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. I think that maybe in September or in late October, there is an item coming to this Commission of a restaurant in the district that I represent, but it's the other way around, and this is the problem: This restaurant has been there for many, many, many years, as long as I can remember, on 37th Avenue, but they do not have parking. Probably, somebody made a mistake back then in this city and gave them the license, and the zoning, and whatever, many years ago, and what is happening is that they do have valet parking and they park all around the neighborhood, and they tell the employees, go park, whatever you find This is the same scenario that we had on 22nd Terrace with the Latin American Cafeteria and all that; the same scenario that we're having in Versailles, that they say to the employees, go park around whatever you can find;; the same scenario that we have with Navarro in Southwest 8th Street and 36th Avenue. It's a daily deluge of complaints from residents who have cars parked, parked, parked in front their homes, and this restaurant is coming to the City Commission. I guess, my understanding -- I saw something in the Planning Board or the Zoning Board -- they bought a house, and they want to do like an SD-12, the same thing that we're doing here, so the dilemma is -- because Commissioner said, well, should we do it citywide. The problem with this restaurant is that it's already there creating havoc for the residents, and they want to try to fix; yet, there are some people that will be opposed. This is -- they want to do it with the SD-12 already, but I suspect that, although they're British and they're very gentlemen, they're going to tell the employees, go park somewhere, and -- because we need the parking for the customers, you know, and then -- Commissioner Winton: I could tell by the look in his face he would never do that. Commissioner Regalado: He would never do that. He's British. If he's from Great Britain, no problem, but that's -- I'm sharing this concern with you all because I cannot speak to Johnny tomorrow, or -- I have to do it here -- to Commissioner Allen, or Commissioner Gonzalez, or Commissioner Sanchez, and that is the story of our district. Things that were approved a long time ago, and you know, the neighbors around are the collateral casualties because of the City of Miami Page 233 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 parking, so that is why 1 am -- that is why 1 have this dilemma because when this item comes before the City Commission from my district, I will be arguing for an SD-12 because it's the only solution to the problem that I have with five blocks around the restaurant, and yet, the neighbors in this case, I believe they're right because they have the whole neighborhood plan, and so I always want to be in line of my thought. If I vote yes on something, I have to vote yes. You cannot vote yes here and no there, and it's a similar thing; so 1 really don't know what to do because I do believe that the residents are correct, and I'm warning you, it's coming to you, and yet, this area on 37th Avenue will be having this SD-12 as the only solution to the situation in the neighborhood. Vice Chairman Gonzalez: All right. Commissioner Regalado: Thank you, Mr. Chairman. Vice Chairman Gonzalez: Thank you very much. We have a motion and we have a second. Is this a resolution? Ms. Slazyk: Ordinance. Vice Chairman Gonzalez: It's an ordinance. Mr. City Attorney, please read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: Madam City Clerk, roll call, please. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: Well, I don't know how my colleagues are going to vote, and the area Commissioner is right in saying that this is first reading, and they can fix, but 1 think that if I vote no, probably, it will be putting more pressure on the developer, and he'll work with the plans, so my vote is no. Ms. Thompson: Commissioner Allen? Commissioner Allen: No. Ms. Thompson: Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: And then, Vice Chairman Gonzalez? Vice Chairman Gonzalez: Yes, ma'am. Commissioner Winton: So it fails. Ms. Thompson: It fails. Vice Chairman Gonzalez: It fails? Ms. Thompson: Yes. Commissioner Winton: Yes. Ms. Thompson: It's a tie vote. City of Miami Page 234 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Winton: Tie means no. Ms. Slazyk: Do they do a substitute -- Commissioner Winton: So -- Ms. Slazyk: -- motion maybe? Mr. Fernandez: Well, there needs to be finality, so you need to -- Ms. Slazyk: Continue it? Mr. Fernandez: -- make a substitute motion in order so that the -- there could be finality. Ms. Dougherty: Commissioner Regalado, could I get you to reconsider your vote for the purpose of allowing us at least to go find us another parking lot. It's possible that we could find another lot on Biscayne Boulevard that we could use for excess parking. Remember, this restaurant is 1,700 square feet. Commissioner Winton: Yeah, (UNINTELLIGIBLE). Ms. Dougherty: This is not a large -- hmm? Commissioner Winton: I said that's the point. It is not a big restaurant. Ms. Dougherty: So, yes, we have 17 parking spaces to accommodate that 1,700 square foot restaurant because that's what's required. That is what your zoning ordinance requires, but if you give us the opportunity, perhaps we could find another lot that we could use on Biscayne Boulevard in the right zoning district that would allow us -- and this next two months will give us that opportunity. Frankly, these are the issues that you address, as you know, at the special exception. Ms. McGuire: Before you answer that, let me just ask you -- Vice Chairman Gonzalez: Wait, wait, wait, wait, wait, wait, wait. Ms. McGuire: I just want to ask one question. Vice Chairman Gonzalez: Wait, wait. Ms. McGuire: Did you ever sell -- Vice Chairman Gonzalez: This -- wait, wait, wait, wait, wait. We closed the public hearing. There was a debate on the Commission floor. Lucia, you addressed the Commission. I'm going to allow you to make one statement. Ms. McGuire: Very quick statement. Vice Chairman Gonzalez: I'm going to take it back to the Commission to end the discussion. Ms. McGuire: OK. Vice Chairman Gonzalez: All right. City of Miami Page 235 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Ms. McGuire: I just wanted to say a quick thing. Did you ever have a salesman come to your house to sell you a vacuum cleaner, like one of those fancy ones -- Commissioner Regalado: No, because I have a fence. Ms. McGuire: -- one of those fancy $600 vacuum cleaners? Commissioner Regalado: I have a fence, and 1 don't have a bell. Ms. McGuire: Well, you have the chain on the door, and you know what they do? They stick their foot right in the door to make sure they get in, and before you know it, you're vacuuming with a $600 vacuum cleaner. Thanks. Vice Chairman Gonzalez: A11 right. We're not selling vacuum cleaners in here. We're -- Commissioner Winton: I didn't follow that. Vice Chairman Gonzalez: -- debating a -- Mr. Flanders: Commissioner, may I give a -- Vice Chairman Gonzalez: -- zoning change. Mr. Flanders: -- 50-second re -- please, sir? Vice Chairman Gonzalez: No, I just want -- Commissioner Regalado: If I -- Vice Chairman Gonzalez: No, because we need -- Commissioner Regalado: Mr. Chairman. Vice Chairman Gonzalez: No, no, no, no. Commissioner Regalado: Look -- Commissioner Winton: No, because then you're back to the -- Commissioner Regalado: Mr. Chairman. Commissioner Winton: -- public hearing. Vice Chairman Gonzalez: No, I'm not going to allow that. We closed the public hearing. Everyone had an opportunity to speak their piece. Now, it's back to the Commission. It's on the Commission, so -- Commissioner Regalado: Mr. Chairman. Vice Chairman Gonzalez: -- you know. Commissioner Regalado: I am willing to reconsider the vote -- Vice Chairman Gonzalez: OK. City of Miami Page 136 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Regalado: -- for only the sole purpose that they can come back and bring some ideas, because I think -- Vice Chairman Gonzalez: Let me tell you, I didn't -- Commissioner Regalado: -- that, probably, if I -- you know, if God keeps me alive, I'll be here late September, and I can do this in late September if there's no solution, and I do not -- frankly, I thought that the vote was going to be different, and the area Commissioner will have the time to do it, so I don't have a problem in reconsidering the vote so this could be resolved, if possible. Vice Chairman Gonzalez: OK, so we have a motion to reconsider the prior vote. Commissioner Regalado: No, my vote. Just -- Vice Chairman Gonzalez: Do we have a second? Commissioner Regalado: -- my vote. Vice Chairman Gonzalez: Pardon me? Commissioner Regalado: Just my vote. I'll reconsider the -- Vice Chairman Gonzalez: OK. We have a motion to reconsider your vote. Do we have a second? Commissioner Allen: Can't do that. Commissioner Winton: Second Vice Chairman Gonzalez: And we have a second All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chairman Gonzalez: Now, let's vote again on the item. Do a roll call again, please. Commissioner Winton: But here's the problem -- Commissioner Allen: I think the City Attorney has -- Commissioner Winton: -- I don't think anybody listened to me, including all of you guys, and I'm not happy about that; all of you on that side of the aisle over there. The point is, we have a challenge on the Boulevard, figuring out where you're going to put restaurants, and I said, very clearly, that I'm bothered by this location for this restaurant. I'm equally bothered, though, by the idea that we may not have a spot to put a restaurant on Biscayne Boulevard, and that I want all of us looking at that between now and September, and the fact that we got a vote to reconsider that got everybody all up in arms, makes me think that the idea that we're really going to objectively look at things doesn't matter; that this is only about here and now, and we're done. Now, I'm hoping that's not the case, but I know what I want to look at, and I know I want you all to help me look at it, and I know, Elvis, you're quite capable of doing that, and we need that kind of help. We've got to get the right -- no, just -- we've got to get the right answer here, not just with this. This is one small part, but we've got to get the right global answer, and hopefully, we can come up with some ideas by the next meeting that makes the answer to this particular dilemma easy. Commissioner Allen: Right. City of Miami Page 237 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Vice Chairman Gonzalez: All right. Madam City Clerk, will you do another roll call, please? Ms. Thompson: I'm sorry, sir. I do need the -- you reconsidered the vote, but we do need to go through the motioning process again -- Vice Chairman Gonzalez: OK. Ms. Thompson: -- because no one made the motion. Vice Chairman Gonzalez.: All right. Commissioner Winton: I will move to accept staff recommendation, and I want to make the point again to you all that, right now, I really believe that this is the wrong location for this restaurant because of the unique nature of the roads behind the restaurant, which has -- is a different set of issues than the one about how we're going to get a restaurant on the Boulevard period, so I just want you -- Vice Chairman Gonzalez: All right. We have a motion. Commissioner Winton: -- to be equally as clear -- Vice Chairman Gonzalez: Do we have a second? Commissioner Winton: -- as I'm trying to make them clear. Commissioner Regalado: I'll second it. Vice Chairman Gonzalez: And we have a second Roll call, please. Ms. Thompson: Roll call. Commissioner Allen? Commissioner Allen: Again, respectfully, no. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: Vice Chairman Gonzalez? Vice Chairman Gonzalez: Yes, ma'am. Ms. Thompson: The item is passed on first reading, 3/1. PZ.27 05-00623 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, 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 501 BRICKELL AVENUE, MIAMI, FLORIDA, FROM "RECREATION" TO "OFFICE;" MAKING FINDINGS; DIRECTING City of Miami Page 238 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00623 Legislation.pdf 05-00623 & 05-00623a Exhibit A.pdf 05-00623 Analysis.pdf 05-00623 Land Use Map.pdf 05-00623, 05-00623a & 05-00623b Aerial Map.pdf 05-00623 School Board Review.pdf 05-00623 PAB Reso.pdf 05-00623 Application & Supporting Docs.pdf 05-00623 FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 10544, from "Recreation" to "Office" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 501 Brickell Avenue APPLICANT(S): City National Bank, as Trustee Under Trust Number 2401-1863-00, Owner and City National Bank of Florida, Trust (Brickell Park) and The Related Group of Florida, Contract Purchaser APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 15, 2005 by a vote of 6-0. See companion File Ds 05-00623a and 05-00623b. PURPOSE: This will change the above property to Office for the proposed Icon Brickell Major Use Special Permit project. Motion by Commissioner Allen, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez Vice Chairman Gonzalez: All right. PZ.27. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.27 and 28 are first reading ordinances. These are change of land use and zoning for a portion of the property located at approximately 501 Brickell Avenue. This is going from recreation to office, with the companion zoning of SD-5. These two land use and zoning changes are part of the Icon Brickell MUSP (Major Use Special Permit) project, which you will be seeing in September. This is just the land use and zoning component. It's been recommended for approval by the Planning Advisory Board and approval by the Zoning Board It's also recommended for approval by the Planning Department. Commissioner Allen: I move the item, Mr. Chairman. City of Miami Page 239 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Vice Chairman Gonzalez: All right. We have a motion. Do I hear a second? Hello? Commissioner Regalado: I'll second it for discussion. Vice Chairman Gonzalez: And we have a second. I think this is an ordinance, isn't it? Jorge L. Fernandez (City Attorney): Yes, it is. Vice Chairman Gonzalez: It is an ordinance. OK, this is a public hearing. Is anyone in opposition of this item? Anyone that wants to speak in this item, please come forward. Lucia Dougherty: Mr. Chair, members of the board, Lucia -- Vice Chairman Gonzalez: Seeing none, and hearing none, Lucia. Ms. Dougherty: Lucia Dougherty, with offices at 1221 Brickell Avenue. This is the first reading of the rezoning and comprehensive plan amendment to this one sliver of property that is adjacent to Brickell Park. It is 9,500 square feet, or 9,200 square feet. It's part of a Major Use Special Permit in second reading that you'll see the next City Commission meeting in September, so if you want to hear the entire presentation, we're willing to do that -- Vice Chairman Gonzalez: No, just necessary. Ms. Dougherty: -- but we can wait until September. Commissioner Winton: No, just put the key elements on the record, please. Ms. Dougherty: Again, this is part of the Icon Brickell, but it -- just simply, this rezoning from parks and recreation to SD-5 and office, it actually never was part of the park. This was actually part of the Brickell Cemetery that we -- that Related actually acquired when they acquired the rights to the Brickell Park heir, so we would urge your approval for this. Commissioner Winton: Isn't there a -- Vice Chairman Gonzalez: All right. Commissioner Winton: -- quid pro quo? Ms. Dougherty: Well, that comes at next reading. Commissioner Winton: Oh, right after -- on -- Ms. Dougherty: Your Major Use Special Permit will be at September meeting. Commissioner Regalado: But where -- Commissioner Allen: Wait. Commissioner Winton: But just put it on the record what the -- Ms. Dougherty: OK, so for the purposes of this, Related took over the -- required [sic] the rights to the Brickell heirs, and when you have your Major Use Special Permit, we will be dedicating to the City the park. Commissioner Allen: Right. City of Miami Page 240 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Ms. Dougherty: We will be dedicating also -- we're actually going to maintain the park. We're going to actually do the bay walk along the front. We're actually preparing or giving the City the 50-foot right-of-way, and so these are all the things that the City's -- Commissioner Winton: And you're preparing the bay walk in front of the park Ms. Dougherty: That's correct. Commissioner Winton.: So I just want -- I thought it was important, but so moved. Vice Chairman Gonzalez: All right. Commissioner Regalado: And what's -- Vice Chairman Gonzalez: Commissioner Regalado, you're recognized. Commissioner Regalado: -- with the circle, Lucia? Ms. Dougherty: Excuse me, sir? Commissioner Regalado: The circle and the letter from the State of Florida to Related. I think there was a letter, and that Related is willing to do -- help with the circle, in terms of access -- Ms. Dougherty: I'm going to have Bill Thompson respond. Commissioner Regalado: -- parking, or maintenance. Bill Thompson: My name is Bill Thompson. I'm with The Related Group of Florida. We did receive a letter from the State, and we're in constant communication with Ryan Wheeler. They stated several things that they were interested in us to do. We got back to them verbally, but I haven't officially sent the letter back They want some type of facility, a welcoming center as such, and possibly, some restroom facilities, which we have told them early on we're willing to put on the northeast corner of the property, and we're still willing to do that. In fact, it's on our plans. We also told them that we would work to contribute, whether it be the bay walk or some aspect of the park, assuming that we agreed with their plan, and we have submitted a plan to them. It's one of four, I think, that's being considered by the National Park Services, and for right this minute, that's about, you know, all the further we had. Now, they did ask us to provide some type of parking in the building, but the parking that is available is normal valet through the restaurants. We don't have any designated parking with them because we're trying to keep the parking structure to at least where it is today, but there is a parking plan that we presented to them that they could do right next to the Brickell Bridge, which allows them pedestrian access and vehicle access from Brickell Avenue, down along the bridge, and would allow them to park some cars there. Commissioner Regalado: For the circle? Mr. Thompson: Yes. Vice Chairman Gonzalez: All right. Commissioner Regalado: OK. Thank you. Vice Chairman Gonzalez: Mr. City Attorney -- City of Miami Page 241 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Mr. Fernandez: Read it? Vice Chairman Gonzalez: -- please, read the ordinance. Yes, sir. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The item has been passed on first reading, 4/0. PZ.28 05-00623a 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 "PR" PARKS AND RECREATION TO "SD-5" BRICKELL AVENUE AREA RESIDENTIAL -OFFICE DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 501 BRICKELL AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00623a Legislation.pdf 05-00623 & 05-00623a Exhibit A.pdf 05-00623a Analysis.pdf 05-00623a & 05-00623b Zoning Map.pdf 05-00623, 05-00623a & 05-00623b Aerial Map.pdf 05-00623a ZB Reso.pdf 05-00623a Application & Supporting Docs.pdf 05-00623a FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from PR Parks and Recreation to SD-5 Brickell Avenue Area Residential -Office District to Change the Zoning Atlas LOCATION: Approximately 501 Brickell Avenue APPLICANT(S): City National Bank, as Trustee Under Trust Number 2401-1863-00, Owner and City National Bank of Florida, Trust (Brickell Park) and The Related Group of Florida, Contract Purchaser APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on May 23, 2005 by a vote of 7-0. See companion File IDs 05-00623 and 05-00623b. City of Miami Page 242 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 PURPOSE: This will change the above property to SD-5 Brickell Avenue Area Residential -Office District for the proposed Icon Brickell Major Use Special Permit project. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ28 is the -- Vice Chairman Gonzalez: OK, PZ.28. Ms. Slazyk: -- companion. This is the zoning change to SD-5. Commissioner Winton: So moved. Vice Chairman Gonzalez: OK, we have a motion. Do I hear a second? Commissioner Regalado: Second. Commissioner Allen: Second. Vice Chairman Gonzalez: And I hear a second. This is a public hearing. Anyone that wants to address the Commission on this item, please come forward. Seeing none, hearing none, the public hearing is closed Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The item has been passed on first reading, 4/0. Vice Chairman Gonzalez: PZ 29. Lucia Dougherty: Thank you very much. PZ.29 05-00625 ORDINANCE 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-2" TWO-FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2951 SOUTHWEST 38TH COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading City of Miami Page 243 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 05-00625 Legislation.pdf 05-00625 Exhibit A.pdf 05-00625 Analysis.pdf 05-00625 Zoning Map.pdf 05-00625 Aerial Map.pdf 05-00625 ZB Reso.pdf 05-00625 Application & Supporting Docs.pdf 05-00625 FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to R-2 Two -Family Residential with an SD-12 Buffer Overlay District to Change the Zoning Atlas LOCATION: Approximately 2951 SW 38th Court APPLICANT(S): Premier Luxury Investments, LLC APPLICANT(S) AGENT: Maria A. Gralia, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended denial to City Commission on May 23, 2005 by a vote of 5-3. See companion File ID 05-00625a. PURPOSE: This will change the above property to R-2 Two -Family Residential with an SD-12 Buffer Overlay District. Motion by Commissioner Allen, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Allen Absent: 1 - Commissioner Sanchez Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ29 is a first reading ordinance. This is a change of zoning to again add an SD-12 overlay to an R-2 property located at 2951 Southwest 38th Court. This has been recommended for approval by the Planning Department, and denial by the Zoning Board It is a zoning change in order to develop a mixed -use residential project known as Byblos Major Use Special Permit, and you'll be seeing the Major Use Special Permit the next meeting. Commissioner Allen: I move the item, Mr. Chairman. We're on PZ29? Vice Chairman Gonzalez: OK. We have a motion on P.29 -- on PZ29. Do I have a second? Commissioner Regalado: Second. Vice Chairman Gonzalez: And we have a second. Please, go ahead with your presentation. Maria Gralia: Thank you. Vice Chairman Gonzalez: At least put something in the record Ms. Gralia: Yes. Good evening, Mr. Chairman, Commissioners. I know it's been a really long City of Miami Page 244 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 evening, so I'll be very quick My name is Maria Gralia, at the law firm of Shutts & Bowen, at address 201 South Biscayne Boulevard. I'm here on behalf of Premier Luxury Investments, the owner of the property, located at 2961 Southwest 38th Court. With me this evening is my client, Raymond Mitri, of Premier Luxury Investments; also, the project's architect, Reinaldo Borges, of Borges & Associates. We are here requesting a zone change to an SD-12 Overlay District. The purpose of this request is to permit surface parking to serve the commercial portion of this mixed -use project. This project actually is providing three stories of underground parking, which is unprecedented in the City of Miami at this time. We believe this is a terrific project, and it's minimal impact to the neighborhood. We believe that the project is actually going to revitalize this area. The area right now is contained with an oil change -- J Lube. There are billboards. It's not a very attractive area. This is the first project of its kind to come into this area, so at this moment, I'd like to pass it along to Mr. Borges, and he can basically walk you through -- quickly walk you through the project, and then I'll be more than happy to answer any questions that you may have. Reinaldo Borges: Good evening. For the record, Reinaldo Borges, with Borges & Associates, at 200 South Biscayne Boulevard. The project basically has a mixed -use nature, with retail fronting Bird Road, and the surface parking that we're describing is along Southwest 38th Court, with this additional parcel, the subject of the matter this evening. We also have a variety of use with three levels of basement parking; one level of retail; two levels of office use, and then five stacks of loft units above that, so the presence of the parking basically disappears into the basement, and as you could see here in the rendering, the frontage on Bird Road is all the retail and office use, with the apartments up above. The parking is all underground, and this is the facade that overlooks the neighborhood on the south -- on the north side, with the surface lot along 38th. I think I'll keep it simple since it's kind of late. Vice Chairman Gonzalez: All right. Commissioner Winton -- this is in Commissioner Winton district, isn't it? Commissioner Regalado: Yeah. Commissioner Winton: What -- I'm sorry. Vice Chairman Gonzalez: We had a motion and a second on this project. They just did a presentation on it. Wonder if you have any questions or -- before -- Commissioner Winton: Well, it looked very similar -- Vice Chairman Gonzalez.: -- we read the ordinance. Commissioner Winton: -- to the issue that we just dealt -- Commissioner Allen: Right. Commissioner Winton: -- with, and I missed the whole -- Commissioner Allen: This is a overlay. Commissioner Winton: -- damn presentation, so -- and so, why is this one OK? Commissioner Regalado: Because it's late. Commissioner Allen: This -- Ms. Slazyk: Well, this one was reviewed as part of a MUSP, so all of the appropriate design City of Miami Page 245 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 review was done, and in accordance with the MUSP. The SD-12 adds flexibility. Commissioner Winton: Plus, this is R-2 anyway. Commissioner Allen: Right, and as -- Commissioner Winton: This isn't R-1. Ms. Slazyk: It's R -- it's -- yeah. Commissioner Winton: Is that right? Ms. Slazyk: Yes. I think it -- Commissioner Winton: And what -- Ms. Slazyk: -- yes, it's R-2. Commissioner Winton: -- and what's being put on the R-2 piece of the SD (special district) overlay? Ms. Slazyk: All right. The other thing -- remember, their front zoning is C-2, so they have height limits, so it's not like they can build a bigger garage underneath their building because they got a height limit there. Commissioner Winton: Oh, OK. All right. Is there -- Vice Chairman Gonzalez: All right. Commissioner Winton: -- opposition, by the way? Vice Chairman Gonzalez: Mr. City Attorney, please read -- Commissioner Winton: Is there opposition? Vice Chairman Gonzalez: -- the ordinance. Commissioner Regalado: No. Commissioner Winton: No? OK. The Ordinance was read by title into the public record by the City Attorney. Commissioner Allen: There was -- Vice Chairman Gonzalez: Roll call, please. Commissioner Allen: Yeah. There was no opposition to this, correct? Vice Chairman Gonzalez: No opposition. Ms. Slazyk: None. They said they were OK. Got it. Priscilla A. Thompson (City Clerk): Roll call. City of Miami Page 246 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is passed on first reading, 4/0. Vice Chairman Gonzalez: OK, we have -- Ms. Gralia: Thank you very much. Vice Chairman Gonzalez: -- completed the agenda on time record. Commissioner Allen: I make a motion -- Vice Chairman Gonzalez: Last year we get out of here -- Commissioner Allen: -- we adjourn. Vice Chairman Gonzalez: -- at, 1 think it was 2:45. NON -AGENDA ITEMS NA.1 05-00768 DISCUSSION ITEM Comments by Commission regarding untimely death of former City Commissioner Arthur E. Teele, Jr. DISCUSSED Chairman Sanchez: Before we go to the consent agenda, I want to take this opportunity to allow my colleagues to reflect on their friendship, experience with Commissioner Arthur Teele. Commissioner Allen: Yes. Chairman Sanchez: So, at this time, the floor is open for any Commissioner who wants to reflect on Commissioner Teele. Commissioner Allen: Mr. Chairman, if I may, and I'll be the very first to speak as, if you will, the junior member of this Commission. First of all, this is a very, very, very sad occasion for all of Miami, and frankly speaking, for all of the country, and that's largely because the former Commissioner Teele's career largely began in Washington, D.C. He was, again, largely responsible for bringing a great deal of federal projects here to the City, which the County availed themselves of. Here's an individual who had a stellar career, a war veteran, as well, and I will tell you this, last night 1 was up all night; a part of the night I was with the family at the hospital, and it was a very, very moving and sad occasion, and I was personally touched -- and again, that's largely because when I had graduated law school in 1983, I had the occasion to meet Commissioner Teele; the fact that he is a fraternity brother of mine, as well, but the fact that he took the time out to sit down with me as a young lawyer starting out my career in a time when he was a -- believe an associate partner with Barbara Shevin (phonetic). That conversation meant a great deal to me, as any young lawyer would, and so to that end, Commissioner Teele really rings large -- looms large, 1 should say, into my heart because he touched my life, and I'm here today as the appointed Commissioner on his behalf. 1 will tell you this, 1 would ask that all of the citizens of the City of Miami take a moment and pray tonight, not only for the passing of Commissioner Teele, but for the entire family. It was a really, really tragic situation, and to that end, Mr. Chairman, again, I would just like to say I'm just happy to be here carrying forth part of his legacy. Thank you. Chairman Sanchez: Thank you. The floor is open. Commissioner Regalado, you're recognized. City of Miami Page 247 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Regalado: Thank you very much, Mr. Chairman. I met Art while he was in Washington as undersecretary of transportation of the Reagan Administration, and I was working at the White House press office, and then, when he came back to Miami as a county official, as the highest county official, he had to deal with several issues pertaining to the Cuban and the Hispanic community, especially the Cuban rafters crisis in 1994. Then 1 was elected in 1996 citywide, and that election, citywide, Art helped me with his community, and the following year, in 1997, he was elected as the first district Commissioner for District 5. I would like first to send my condolences to Stephanie, and to his son, and all his family. This lady has gone through a horrible time, not only with what happened to Art, but what happened to her sister in Boca Raton, and I pray that she has strength to continue, and the Art Teele that 1 remember, the Art Teele that I will remember is the Art Teele that I knew. The Art Teele that I knew was the person that fought for his country in Vietnam; that served his country in Washington; that served this community at the county and the city level, and that fought for his community, and for the little people. That is the Art Teele that I knew, and that is the Art Teele that I will be remembering always. Thank you, Mr. Chairman. Vice Chairman Gonzalez: Mr. Chairman, what I have to say is that I know Arthur Teele for many years, long before I became a Commissioner, and 1 remember that whenever I had to go and see him at the County Commission for anything that had to do with Allapattah, or the area that I represented as a -- at that time, as a member of the community, he always supported anything and everything that had to do with improving that neighborhood. Then, when he was at the City Commission, when he was a Commissioner in the City of Miami, I can't forget that at times, where in the past, where we had political vendettas in this City, when the agency that I work for was -- some people wanted to dissolve it and some people wanted to destroy it; Arthur Teele stand firm and always supported me, as other members of this Commission that are present here today and were Commissioners at that time. Arthur Teele never look at the area to see if there were Hispanics, or if there were blacks, or if there were Anglos; he would always stand for what was right, and he always treated me with a lot of respect; he always gave me the opportunity to represent the area for which I work for so many years, and not only he gave me the opportunity, which everybody has to address this Commission, but he always supported every single issue that had to do with the district that I represent today as a Commissioner. Teele was a fair man. As Commissioner Regalado said, he always looked for the little people, for the disadvantaged people, and then, when I became Commissioner, every time that I had an issue that had to do with improving my community and with improving my district, Commissioner Teele was always present and was always supporting the issues that will bring improvements to my area. We had some disagreements, as well all do in some issues, but that's part of the business. It was never personal. We had a good relationship. We had a relationship of respect. We respect each other. We respect our districts and our issues, and 1 can say that Arthur Teele was -- we lost a leader of this City. I consider that I lost a friend, and my family and I join in prayers for his soul and for his family. Thank you. Chairman Sanchez: Thank you. Commissioner Winton: Not to be repetitive, but I think that Commissioner Regalado said it best and that's, I think that we want to remember Commissioner Teele for the positives that he brought to this community of ours, not just the City of Miami, but all of Miami -Dade County, and he brought many. 1 would also like to say that, in terms of my own political short lifespan, that Commissioner Teele taught me more than most people will ever appreciate about how to think about government, and I've never seen anyone more brilliant, when he put his mind to it, at figuring out new ways to think about solving old problems, and he helped me, immensely, think about things in ways that, frankly, I would have been incapable of thinking about without his encouragement, without his prodding, without his force, and finally, I would like to echo what all of you have said, and that is that our thoughts and our prayers have to go out to his family and those who were very close to him because this is a terribly tragic moment in their lives, and they have to go on day by day, day by day, and my prayers are for them. City of Miami Page 248 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Chairman Sanchez: Well, Betty and I are deeply saddened for the Teele family. This is a tragic event for them and for our community. Our thoughts and prayers are with those who knew and loved Commissioner Arthur Teele. May God embrace him in the Kingdom, which he deserves to be. Thank you. NA.2 05-00774 DISCUSSION ITEM Direction to the City Manager by Commissioner Allen to instruct the Community Development Director to continue to work with (Neighbors and Neighbors Association) N.A.N.A. concerning a commercial pilot facade project developing in the area of NW. 54th Street up to NW. 58th Street and NW 7th Avenue to complete the $500,000 contract for its services and to bring this issue back for the first commission meeting in September. DISCUSSED Chairman Sanchez: It is my mission to get you out of here today by 8:30 to 9 o'clock, if everyone bears with me. 1 have not done my blue pages. I believe you're done, Commissioner Allen. Vice Chairman Gonzalez.: Why don't you do it now? Commissioner Allen: Yes. If I ask your quick indulgence, this is a quick motion just -- I've spoken with Barbara before. This is simply a motion directing the Administration to instruct the Community Development director to continue to work with NANA (Neighbors and Neighbors Association), and this is concerning a commercial pilot facade project develop developing in my area. It's going to be -- theme is Ocean Village, involving 54th Street up to 58th Street Northwest 7th Avenue, to complete the $500, 000 contract for the services and bring back -- and bring this back for the first Commission meeting in September, and those individuals are here today. Again, this is consistent with the overall theme. There will be a huge signage, trees, awnings, exterior facade for the business development community of the district that's been highly dis -- neglected for years, so to that extend extent, I'd like to make that motion, directing the -- Barbara Gomez -Rodriguez (Director, Community Development): We are working with them. We have been looking at the program that they want to do, and we will come back in September with all the details of the program. Chairman Sanchez: All right. Vice Chairman Gonzalez: All right. NA.3 05-00775 DISCUSSION ITEM Comments regarding celeberations taking place for the City of Miami's 109th birthday, including the unveiling of two murals in the lobby at City Hall. DISCUSSED Chairman Sanchez: All right. Before we recess, the City of Miami celebrates its 109th Birthday, and we do have several celebrations going on. One of them is the unveiling of a mural out in the lobby by Xavier Cortada, and we would ask all those to participate in that unveiling of those two beautiful murals that have been donated to the City of Miami as a birthday gift, so please join us. We'll be heading to the lobby in a few minutes. We do have a meeting at 2:45, which is MSEA (Miami Sports & Exhibition Authority) at -- in my office, and then we will call the meeting back to order at 2:45, and then we should be out of here, hopefully -- it is my intent to get you out of here by 7 now. You know, last year's meeting, we ended up going about 2:30, 2:45 in the morning, so I hope to break that record by a long shot. All right. Thank you -- City of Miami Page 249 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Roy Hardemon: Commissioner -- Chairman Sanchez: -- so much, and the meeting -- Mr. Hardemon: Are we -- when about we're going to get back to that waiver on those contractors? Chairman Sanchez: Well bring it back in the afternoon. The Commissioner's already -- Mr. Hardemon: Late. Chairman Sanchez: -- advised the Chair that, yes, we'll be bringing it back this afternoon. Commissioner Allen: Sevenish. Mr. Hardemon: All right. Chairman Sanchez: Thank you so much. The City of Miami's Commission meeting stands in recess. NA.4 05-00777 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Janice I. Tarbert Commissioner Tomas Regalado David L. Wilson Commissioner Jeffery Allen Motion by Commissioner Regalado, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Allen Absent: 2 - Commissioner Winton and Sanchez R-05-0497 A motion was made by Commissioner Regalado, seconded by Commissioner Allen, and was passed unanimously, with Chairman Sanchez and Commissioner Winton absent, to appoint Janice Tarbert as a member of the Planning Advisory Board. A motion was made by Commissioner Allen, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Sanchez and Commissioner Winton absent, to appoint David Wilson as a member of the Planning Advisory Board. Commissioner Regalado: Pocket item, pocket item. I have -- Vice Chairman Gonzalez: Now, we go to pocket items. Commissioner Regalado, I believe you have some pocket items. Commissioner Regalado: Yes, Mr. Chairman. Thank you very much. Madam City Clerk, hello. City of Miami Page 250 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Priscilla A. Thompson (City Clerk): Yes, sorry. Commissioner Regalado: 1 have an appointment to the Planning Advisory Board. She already apply, and this is why -- it's not in the agenda, but she apply. I move to appoint Janice Tarbert as a member of Planning Advisory Board, representing District 4. Commissioner Allen: I second the motion. Vice Chairman Gonzalez: OK. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: Motion carries. "[Later...j" Commissioner Allen: Yeah, and one quick -- before we conclude, just a reappointment of David Wilson to the Planning Advisory Board, for consent on that from my fellow Commissioners. Vice Chairman Gonzalez: All right. Is that a motion? Commissioner Regalado: Second. Vice Chairman Gonzalez: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: The motion carries. Commissioner Allen: Thank you. NA.5 05-00773 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE COSTS RELATED TO THE CITY OF MIAMI POLICE DEPARTMENT'S "THE CITY SUMMER CONCERTS," TO BE HELD ON SEPTEMBER 9TH AND SEPTEMBER 24TH, 2005, AT THE COCONUT GROVE EXPO CENTER, 2700 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, IN AN AMOUNT NOT TO EXCEED $20,000, FOR BOTH DATES, TO ASSIST WITH COSTS RELATED WITH SAID EVENT INCLUDING WAIVING THE FEES FOR THE STREET BANNER PERMITS, THE FACILITY, POLICE, FIRE, GENERAL SERVICES ADMINISTRATION AND OTHER RELATED DEPARTMENTS AND ADVERTISEMENTS. Motion by Commissioner Regalado, seconded by Commissioner Allen, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Allen Absent: 2 - Commissioner Winton and Sanchez R-05-0496 Commissioner Allen: And to that -- Commissioner Regalado: And -- City of Miami Page 251 Printed on 8/11/2005 City Commission Meeting Minutes July 28, 2005 Commissioner Allen: -- to that end -- Commissioner Regalado: -- the other pocket item is you all are familiar with the PAL, Police Athletic League. It works in every district, with of course, resources from the Miami Police Department. They are holding a concert to raise funds for the summer program and the winter program because they are short of money. Remember that PAL used to get money from the special funds that Chief Timoney now uses for -- Vice Chairman Gonzalez: He used it to buy a helicopter. Commissioner Regalado: -- his -- for other more important things than the kids, but this concert, it's being sponsored by PAL. A lot of artists are donating their time, and PAL is requesting that we waive the fees for the Coconut Grove Convention Center for their concert that they're going to have in late September. It's a cost of just the rent of the Coconut Grove Convention Center, so my motion is a resolution of the Miami City Commission waiving the cost related to the City of Miami Police Department, the City summer concert to be held on September 9, at the Coconut Grove Expo Center, in the amount of the rent to assist with cost related with said event, including waiving the fees for the street banner permits, the facility. Now, the police is going to donate their time to -- Commissioner Allen. I second the motion. Commissioner Regalado: -- patrol this -- Vice Chairman Gonzalez: All right. Commissioner Regalado: -- area, and as well as the Fire Department. That's my motion. Vice Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chairman Gonzalez: The motion carries. A motion was made by Commissioner Allen, seconded by Commissioner Regalado, and was passed unanimously with Chairman Sanchez and Commissioner Winton absent, to adjourn today's Commission meeting. Vice Chairman Gonzalez: All right. Motion to -- Commissioner Allen: Motion to adjourn -- Vice Chairman Gonzalez: -- adjourn. Commissioner Allen: -- Mr. Chairman. Second. Vice Chairman Gonzalez: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Gonzalez: Happy vacations, everyone. City of Miami Page 252 Printed on 8/11/2005