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HomeMy WebLinkAboutCC 2005-12-15 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Meeting Minutes Thursday, December 15, 2005 10:00 AM PLANNING AND ZONING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Angel Gonzalez, Chairman Johnny L. Winton, Vice Chairman Joe Sanchez, Commissioner District Three Tomas Regalado, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes December 15, 2005 PLANNING AND ZONING ITEMS Present: Chairman Gonzalez, Vice Chairman Winton, Commissioner Sanchez, Commissioner Regalado and Commissioner Spence -Jones Note for the Record: The Planning and Zoning Meeting convened at 11:58 a.m. and adjourned at 4:19 p. m. During part of this time, the Regular Commission and Community Redevelopment Agency (CRA) meetings were also held ORDER OF DAY Chairman Gonzalez: All right. Now, we're going to resume the City of Miami Commission meeting of December 15, and we're going to start with the planning & zoning items. All right. Any person who acts as a lobbyist, pursuant to City of Miami Ordinance number 11469, codified in Chapter 2, Article VI of the City Code must register with the City Clerk prior to engaging in lobbying activities before City staff boards, and committees, and the City Commission. A copy of said ordinance is available in the Office of the City Clerk in City Hall. Pursuant to Section 4(g)5 of the Charter of Miami, Florida, the Mayor may veto certain items approved by the City Commission within ten calendar days following the Commission action. The Commission may, after the veto occurs, override such veto by a four -fifth vote of the Commissioners then present. Any person making impertinent or a slanderous remark, or whom become boisterous while addressing the Commission, shall be barred from further audience before the Commission. This printed agenda is distributed at least five days before the meeting, and the material in connection with each items appears on the agenda is available for inspection during business hours at the Office of the City Clerk in City Hall. Any persons who seeks to address the City Commission on any item appearing in the following portion of this agenda, consent agenda, public hearing, or public discussion, is invited to do so and shall, as soon as possible, inform the City Clerk of his or her desire to speak, giving the City Clerk his name or her name at the time the item is heard. That person should approach a microphone and wait to be recognized by the presiding officer. Now, anyone that is going to address the Commission, or is going to testify on any item, needs to be sworn in, and please stand up to be sworn in. Priscilla A. Thompson (City Clerk): Please raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. PZ.1 05-01372 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE ALTOS PLAZA PROJECT, TO BE LOCATED AT APPROXIMATELY 121, 131, 205, 211, 225, 241 AND 251 SOUTHWEST 22ND AVENUE, AND 2180 SOUTHWEST 1ST STREET, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 208-FOOT, 18-STORY HIGH MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 320 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 7,000 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 36,470 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 636 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING City of Miami Page 2 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-01372 Outside Cover.PDF 05-01372 Inside Cover & Photos.PDF 05-01372 Table of Contents.PDF 05-01372 Article I - Project Information.PDF 05-01372 Tab A - Letter of Intent.PDF 05-01372 Tab B - Major Use Special Permit Application.PDF 05-01372 Tab C - Zoning Write-Up.PDF 05-01372 Tab D - Zoning Atlas.PDF 05-01372 Tab E - Project Data Sheet.PDF 05-01372 Tab F - Deed-Computer.PDF 05-01372 Tab G - Ownership List.PDF 05-01372 Tab H - State of Florida Documents.PDF 05-01372 Tab I - Owner Authorization Letter.PDF 05-01372 Tab J - Directory of Project Principals.PDF 05-01372 Article II - Project Description.PDF 05-01372 Article III - Supporting Documents.PDF 05-01372 Tab 1 - Minority Construction Employment Plan.PDF 05-01372 Tab 2 - Traffic Impact Analysis.PDF 05-01372 Tab 3 - Site Utility Study.PDF 05-01372 Tab 4 - Economic Impact Study.PDF 05-01372 Tab 5 - Survey of Property.PDF 05-01372 Tab 6 - Drawings Submitted.PDF 05-01372 Legislation.pdf 05-01372 Exhibit A.pdf 05-01372 Exhibit B.pdf 05-01372 Analysis.pdf 05-01372 Zoning Map.pdf 05-01372 Aerial Map.pdf 05-01372 Miami -Dade Aviation Department Comments.pdf 05-01372 Design Review Comments.pdf 05-01372 PAB Reso.pdf 05-01372 Fact Sheet.pdf REQUEST: Major Use Special Permit for the Altos Plaza Project LOCATION: Approximately 121, 131, 205, 211, 225, 241 and 251 SW 22nd Avenue, and 2180 SW 1st Street APPLICANT(S): Miami Urban Partners, LLC, Contract Purchaser and 221 Bldg Corp., Elefem, Inc., 22 Ave Corp., Luis F. & Archie Mehech, Raquel Realty Corp., Edward D. Pascoe 575 LLC, Miriam Gonzalez APPLICANT(S) AGENT: Javier F. Avino, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* Ciry of Miami Page 3 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 to City Commission on November 2, 2005 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the development of the Altos Plaza project. Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0740 Chairman Gonzalez: All right. Lourdes Slazyk: For the record, Lourdes Slazyk, Planning Department. PZ 1 is a Major Use Special Permit for the Altos Plaza project. This is located 22nd Avenue at Southwest 1st Street. The project will consist of an 18-story mixed -use structure. It will include 320 multifamily residential units, approximately 7,000 square feet of office, and it includes a 36,470 square feet of retail, of which that includes a Publix Sabor store, which is going to be the first of its kind in Miami. The project was recommended for approval by the Planning Advisory Board, and approval with conditions by the Planning Department. We had several conditions that relate to the design of the project. Specifically, we would like the applicant to meet conditions requiring them to replace large, decorative metal panels with murals and mosaics reflecting the Latin American community and spirit of this first Latin American Publix Sabor specialty store in the City. We want them to continue to work on their elevations to create faux shop fronts with display windows along the ground level of 22nd Avenue and 21 st Court, and to offer pedestrian views of products in the store in this area. Also, add a complimentary colored textured stucco to accentuate the articulation of the architecture of the project. We understand that, you know, a large grocery store like a Publix Sabor store is going to have a certain amount of blank walls, and we'd like them to keep working with us to provide some artwork that is consistent with what they're bringing in and the flavor of the community there, so other than that, it had been recommended for approval by all of the committees and boards leading up to this. Chairman Gonzalez: Yes, Counsel, you're recognized. Good afternoon. Lucia Dougherty: Good afternoon, Mr. Chairman, members of the Board. Lucia Dougherty, with offices at 1221 Brickell Avenue, here today on behalf of the owners and the applicant, and joining me this morning -- or this afternoon, is Steve Brandon and Miguel Barbagallo, who are the principals, as well as their colleague, Allen Lester. Miguel Barbagallo, as you know, is a residential developer, and Steve Brandon is a developer who has -- specializes in retail stores, particularly, bringing Publix stores into urban areas. As Lourdes says, this is the first Sabor new construction. It's not the first Sabor Publix, but it's the first new construction in the City of Miami; in fact, in Dade County. It's a true mixed -use project. It's located on 22nd Avenue, between 1st and 3rd. It has -- facing on 21st Court is a townhouse development. It is totally lined on the ground floor. There's no exposed parking, and you have internalized loading, as you had directed staff to require from all developers. As noted, it's 320 residential units. We could have 432 residential units. 1t is 15 stories on one side and 18 stories, so it very much fits in with the character of 22nd Avenue. Robert Behar is here and can walk you through the project, if you'd like. We also have John McWilliams, with Kimley-Horn, who is our traffic engineer, and Tom Scholsser, who is our economic development impact consultant, so Robert, would you like to -- ? Robert Behar: Thank you. First and foremost, thank you very much for this opportunity. As Lucia mentioned, this is truly a mixed -use project, and it's the first of its kind that really provides a service and amenity within the neighborhood, and I think that's very important, very vital City of Miami Page 4 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 because we know the better you create a neighborhood, the best -- better the quality of life improves, and 1 think this would do that. I will demonstrate the project, how it compose itself and how it works. On 22nd Avenue, we have put retail, and as Lourdes mentioned, we are providing an arcade and a frontage to Publix. On 1st Street and 3rd Street, we're providing retail, and the entrances to the 0-office component on the upper levels. On 21st Court, we're providing the residential entrances, and above, you'll have a liner, residential liner covering the garage. All the services have been done internalized them. We have an access through 22nd -- 21st, and everything is concealed out of the views, so there's no loading trucks visible from the street. 1 think, in the pedestrian realm, we have taken care of the whole street facades, and this in keeping with the new proposed Miami 21 ordinance. On the upper levels of the tower, the parking garage, for five levels you have -- on 1st and 3rd Street, you have the office component, the liner. On 21st Court, you have also the residential liner on there. The upper levels, the tower, when you get to the sixth level, you'll have the rec. (recreational) level, which is the units plus amenities, pools, gymnasium, et cetera, and the tower goes above that. As Lucia mentioned, one tower is 15 stories,- the other one reaches 18 stories. In working with the City, with staff, we have agreed to put on 22nd Avenue a series of murals displaying the Hispanic flavors of the neighborhood I think the key here is that really we're bringing in a development that is -- will enhance the quality of life. It will be accessibility, a supermarket within walking distance of the residents. I think this is, again, truly a mixed -use project, encompasses all the requirements that the City has asked for, and I think we successfully accomplished that. Thank you. Chairman Gonzalez: All right. Ms. Dougherty: And we do agree with all the staff conditions. Commissioner Sanchez: You do? You do agree with the staff conditions? Ms. Dougherty: We do. Commissioner Sanchez: All right -- Chairman Gonzalez: All right. Commissioner Sanchez: -- so -- Chairman Gonzalez: This is a public hearing. Anyone from the public who wishes to address the Commission in reference to this item, please come forward. Go ahead, ma'am. Vice Chairman Winton: No, you got to go -- Chairman Gonzalez: Your name and address for the record, ma'am. Commissioner Sanchez: Name and add -- Vice Chairman Winton: -- to the microphone. Chairman Gonzalez.: You have to speak on the mic. Judith Sandoval: Sorry. Judy Sandoval, 2536 Southwest 25th Terrace. Thank you. Vice Chairman Winton: Judy. Ms. Sandoval: (INAUDIBLE) where those mosaics are going to go? Oh, I see. That's very nice. Mr. Behar: They're going to be fronting 22nd Avenue, all on the -- above the Publix area. City of Miami Page 5 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Ms. Sandoval: And will there be any -- ? Vice Chairman Winton: Hold the microphone (UNINTELLIGIBLE). Chairman Gonzalez: We need her on the mic. Ms. Sandoval: Will there be any landscaping within the project beside these palm trees? Any more greenery, except around the edge? Mr. Behar: We're providing a series of trees, canopy trees on both 21st and 22nd, and along the perimeter of the project in addition to, you know -- trees and palm trees, yes. We are incorporating a -- the required landscaping. Ms. Sandoval: No. Palm trees are fine, but shade trees are better. Are you having any shade trees inside? Mr. Behar: Sure. They are right here. You can see them in the perimeter. All these are shade trees along the whole perimeter. Ms. Sandoval: What about in the plazas around the parking lot and all that? We need more shade in the City, you know. Mr. Behar: Ma'am, we don't have parking not exposed. Everything's concealed inside. Ms. Sandoval: Those are my only questions. Chairman Gonzalez: All right. Thank -- Ms. Sandoval: I wanted -- no. 1 did have one more. What's around in the neighborhood? I see from the map -- are those single-family houses around -- Ms. Dougherty: No. Ms. Sandoval: -- the project? Ms. Dougherty: 1t is all C-1. Everything around this -- everything around it on 21 st -- I mean, on 22nd is all C-1. This is all C-1; C-1, C-1, C-1, and then you have R-3, which is 65 units per acre, 50 foot tall buildings, but they are facing our townhouses. Ms. Sandoval: Yeah, OK. No more questions. Chairman Gonzalez: Thank you. Commissioner Sanchez: So moved. Chairman Gonzalez: Any else? Seeing none, hearing none, the public hearing is closed, comes back to the Commission. Commissioner Sanchez: So moved, with conditions. Chairman Gonzalez: All right. We have a motion with conditions. Do I hear -- Commissioner Regalado: Second City of Miami Page 6 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Chairman Gonzalez: -- a second? And we have a second. Commissioner Sanchez: Before we vote on that, Judith, I would really love for you to go see the site as it stands right now. It is on 22nd Avenue and 1st Street -- Ms. Sandoval: Yeah, I know that area. Commissioner Sanchez: -- and let me just tell you how it starts. It starts off with a liquor store -- not a liquor store, a bar -- Ms. Sandoval: Yeah. Commissioner Sanchez: -- and then, within that entire block, I could guarantee you that if we send Code Enforcement, they would probably find, 1 say about 500 violations -- Ms. Sandoval: Yeah. Commissioner Sanchez: -- because there's so many little stores that have been broken up, and it ends with an old -- used to be a gun range, or a gun -- Chairman Gonzalez: Yeah, a gun shop. Commissioner Sanchez: -- Garcia's Gun. The area for itself that's experiencing this revitalization, and I could tell you that by looking at the plans in itself, it really does show what we want in the future in our -- Ms. Sandoval: Yeah. Commissioner Sanchez: -- urban -- which is open spaces, where people could go, and if you want to shop or not, you could sit outside and really enjoy the atmosphere, whether you're shopping or not, but Little Havana is no longer an area that's going to have condos and houses. Ms. Sandoval: Yeah. Commissioner Sanchez: It's going to bring economic revitalization to it, and this project in that area -- if you could just take what's there now and what's going to be there in the future, it's going to bring a revitalization to that entire area -- Ms. Sandoval: Oh, I'm sure. Commissioner Sanchez: -- not to mention improving the quality of life for a lot of people that call my office with numerous complaints -- Commissioner Spence -Jones: And jobs. Commissioner Sanchez: -- so this is one of the best projects that I've seen. Not only that, we're going to have the first Publix Sabor in the City of Miami, which is a new concept, which I'm glad to see that they've met the conditions that will enhance the project, so having said that, I'm very excited about this project, and 1 would love for you to go see the site because if you go out there -- I mean, it's been an eyesore for many, many years, and I get dozens and dozens of complaints from the residents there from the element, the bad element that hangs around that area. Ms. Sandoval: Well, thank you. I'm sure it will be an improvement, and I just hope that they maybe would put in some more shade trees instead of palm trees. It wouldn't hurt, and it's nice, you know -- City of Miami Page 7 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Commissioner Sanchez: Thank you. Ms. Sandoval: -- but congratulations. I think it's nice, and it certainly would be an improvement Commissioner Sanchez: Thank you so much. Ms. Sandoval: -- and it's not 50 feet tall, which is great. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye." It's a resolution. The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Ms. Dougherty: Thanks very much. Chairman Gonzalez: Thank you. PZ.2 05-01376 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE 5220 BISCAYNE PROJECT, TO BE LOCATED AT APPROXIMATELY 5200 AND 5220 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 120-FOOT, 11-STORY HIGH MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 183 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 10,300 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 322 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 8 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 05-01376 Outside Cover.PDF 05-01376 Inside Cover.pdf 05-01376 Table of Contents.pdf 05-01376 Article 1 - Project Information.pdf 05-01376 Tab A - Introduction.pdf 05-01376 Tab B - Application for Major Use Special Permit.pdf 05-01376 Tab C - Legal Description.pdf 05-01376 Tab D - Special Permit Requests.pdf 05-01376 Tab E - Owner List.pdf 05-01376 Tab F - Disclosure of Ownership.pdf 05-01376 Tab G - Ownership Affidavit.pdf 05-01376 Tab H - Dade County Tax Printout -Property Deed.pdf 05-01376 Tab I - Ownership List.pdf 05-01376 Tab J - State of Florida Corporate Documents.pdf 05-01376 Tab K - Zoning Atlas.pdf 05-01376 Tab L - Future Land Use Map.pdf 05-01376 Tab M - Aerial Location Maps.pdf 05-01376 Tab N - Project Principals.pdf 05-01376 Tab 0 - Project Data Sheet.pdf 05-01376 Article 11 - Project Description.pdf 05-01376 Article III - Supporting Documents.pdf 05-01376 Tab A - Survey of Property.pdf 05-01376 Tab B - Site Plan.pdf 05-01376 Tab C - Sufficiency Letter - Traffic Impact Analysis.pdf 05-01376 Tab D - Site Utility Study.pdf 05-01376 Tab E - Economic Impact Study.pdf 05-01376 Tab F - Minority Construction Employment Plan.pdf 05-01376 Tab G - Architecture and Landscape Drawings.pdf 05-01376 Legislation.pdf 05-01376 Exhibit A.pdf 05-01376 Exhibit B.pdf 05-01376 Analysis.pdf 05-01376 Zoning Map.pdf 05-01376 Aerial Map.pdf 05-01376 Miami -Dade Aviation Comments.pdf 05-01376 School Board Review Comments.pdf 05-01376 Pre -Application Design Comments.pdf 05-01376 PAB Reso.pdf 05-01376 Fact Sheet.pdf REQUEST: Major Use Special Permit for the 5220 Biscayne Project LOCATION: Approximately 5200 and 5220 Biscayne Boulevard APPLICANT(S): 5220 Biscayne Boulevard, LLC APPLICANT(S) AGENT: Maria A. Gralia, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* City of Miami Page 9 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 to City Commission on November 2, 2005 by a vote of 5-2. *See supporting documentation. PURPOSE: This will allow the development of the 5220 Biscayne project. Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-05-0741 Chairman Gonzalez: PZ 2. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ2 is a Major Use Special Permit for 5220 Biscayne Boulevard project. This is located on the west side of Biscayne Boulevard, 5200 and 5220 Biscayne Boulevard. The project is 120 feet tall. It's going to consist of 183 multifamily residential units, approximately 10,300 square feet of retail space, and 322 parking spaces. The project was recommended for approval with conditions by the Planning Department and by the Planning Advisory Board. The design -related conditions that were added to this project include requiring the applicant to minimize the vehicular pedestrian entrances off of Biscayne Boulevard to the maximum extent possible so as to unibi the pedestrian experience along the Boulevard The applicant shall provide specifications on the materials proposed on the screening and collage along the north and south facades, and we'd like the applicant to add shrubs and ground cover along that north and south facade to help screen the garage. They're proposing a mesh that's going to allow climbing vines along the garage, but they've got enough room there where we think they could add layers of landscape that would really soften that edge up, and we've added that as a condition. Other than that, it's been recommended for approval. Chairman Gonzalez: Good afternoon. Maria Gralia: Good aft -- Chairman Gonzalez: You're recognized. Ms. Gralia: Thank you. Good afternoon, Chairman, Commissioners. My name is Maria Gralia, at -- offices at 201 South Biscayne Boulevard. I'm here on behalf of the owner of the property, 5220 Biscayne Boulevard, LLC. With me today is the project architect, Kobi Karp, of Kobi Karp Architecture and Interior Design, as well as Steve Lefton, the landscape architect, and Mr. John McWilliams, the traffic consultant, both of Kimley-Horn. We are requesting approval of a Major Use Special Permit for a mixed -use development. First of all, I'd like to say that we are in agreement with the condition set forth as described by Lourdes Slazyk. This mixed -use development consists of 10,300 square feet of commercial, 191,000 square feet of residential, with a total of 183 residential units. We are -- the reason we're here for a Major Use Special Permit is because we're requesting affordable housing bonuses as well as PUD (Planned Unit Development) bonuses. If not, we would have been allowed to go for a Class H. We're also providing 322 parking spaces, where 264 were actually required. The property is zoned C-1, with an SD-9 overlay district. This project, as you can see, is on an island. It is bordered on Biscayne Boulevard on its east and Federal Highway on its west. There is a buffer of approximately 300 feet from this property to the nearest residential neighborhood on the east side of Biscayne Boulevard, and that is because you have Biscayne Boulevard, which is a hundred feet in width, and then you have that C-1 commercial district along Biscayne Boulevard, which 1 would imagine has another 200 feet. The project, as you heard from Lourdes, has been approved, and has gone through various reviews; Internal Design Review Committee approved the project. We also went to Large Scale; received approval. We received City of Miami Page 10 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 unanimous approval from the Urban Design Review Board, and we also received approval from the Planning and Advisory Board. We believe, as staff has recommended, that we comply with all the criteria set forth in Section 1305 of the City Code. At this point, I'd like to introduce Kobi Karp so he can say a couple of words about the project. I'd also like to call John McWilliams of Kimley-Horn to discuss the traffic, and after, I'd like to call Steve Lefton, the landscape architect. I'd also like to reserve a couple of minutes for rebuttal, if that would be necessary, at the end of if there is any opposition. Chairman Gonzalez: All right. Ms. Gralia: Thank you very much. Kobi. Chairman Gonzalez: Yes, ma'am. Kobi Karp: Hi. Good afternoon. My name is Kobi Karp. I'm the architect, and I'll be brief. This is a unique site. It has been a pleasure working with your staff in getting to this point. It's a variance free project, as of right design based on the SD-9 zoning, and it is unique in the sense that it's basically an island located adjacent to the railroad tracks off to the west, Biscayne Boulevard right-of-way to the east, and then the commercial properties to the east. We are next to -- you probably know that Dunkin Donuts and the Burger King. There's a Dunkin Donuts immediately to the south, and there's a Burger King immediately to the north, but this parcel of land is basically physically separated from any properties to the west or to the east. This is the location where you can see the Dunkin Donuts to the south and the relationship to the IVAX building and the other office buildings right here on Biscayne Boulevard, and to the north, we have the Burger King, and then we have Cube (phonetic) coming up here, and then there's some existing office buildings. We have acknowledged some comments and recommendations, which were made for us by staff and UDRB (Urban Development Review Board), and the Planning Board; good comments, and we've agreed and acknowledged them, and implemented them, so if you have any questions, suggestions, I'm here at your disposal. John McWilliams: Good afternoon. My name is John McWilliams of Kimley-Horn & Associates at 5100 Northwest 33rd Avenue, in Fort Lauderdale. I'm the traffic engineer for this project. This project was subject to a traffic impact analysis in accordance to the City of Miami standards. We did complete that, and we concluded that the transportation corridors, the intersections within the study area will continue to have sufficient capacity and operate at an acceptable level of service. This study was reviewed by both the City's traffic consultant, as well as the Florida Department of Transportation. They review every MUSP (Major Use Special Permit) that comes through now, and both of them have found that it's sufficient, and just to quote the correspondence from the Department of Transportation, basically says that your responses and your study adequately address our concerns, and one thing I just want to add in terms of the impact of this project on the overall transportation network in the area, if you look at the volumes of traffic on the street surrounding the project in the peak hour and compare them to what -- the traffic that the project generates, this project accounts for less than two percent of the traffic that's already out there in that -- the area, so in terms of the impact, the traffic engineers would consider that minimal, and I'll be happy to answer any questions you have on the traffic issues on the site. Thank you. Chairman Gonzalez: Thank you. Yes, sir. Steve Lefton: My name is Steve Lefton. I'm the landscape architect for the project, with Kimley-Horn & Associates, located in Miami Beach. I'll be really brief. I'm just here to answer any questions. I do want to point out that we certainly agree with staff. Any opportunities we have to increase landscape on the north and south side, we're absolutely in support of that. As we were preparing the drawings, our main concern was always to screen that parking, and that's where our big focus was on, the notion of layering and adding to that. We're certainly in favor City of Miami Page ! i Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 of that. As for the two streetscapes, we addressed them differently, but very much in the way that we believe is important and accurate as throughout the city, which is continuing that row of royal palms that create that vision for the Boulevard -- on Biscayne Boulevard, and on Federal Highway, that combination of both palms and canopy tree; really trying to become -- have that street, as it transitions into 2nd, a real walkable street for pedestrians, so we took both streets, from a streetscape perspective, as main streets, as front streets; never treated anything as a back, so I wanted to share that with you, and again, I'll be available for any questions, should you have any. Chairman Gonzalez: Thank you. Ms. Gralia: Thank you, and if you have any questions, we're here to answer them. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wishes to speak on this item, please come forward. Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street. I'm here on behalf of the Morningside Civic Association, and congratulations to our new Commissioner, Commissioner Spence -Jones. Before I begin, I have a very brief question for the expert witness, the traffic engineer, Mr. McWilliams. Sir, you stated that this project would not affect traffic, it would remain acceptable on Biscayne Boulevard; is that correct? Mr. McWilliams: In accordance with the City of Miami's standards, yes, it will still meet acceptable level of service, in accordance to those standards. Mr. Cruz: What is the level of service on Biscayne Boulevard, as per FDOT (Florida Department of Transportation), at the moment? Mr. McWilliams: I can't quote FDOT's level of service. I can quote the City's level of service, and I believe the current level of service for the corridor is C or D, I believe. Keep in mind that this -- Vice Chairman Winton: Well, what you believe isn't a very good answer. You need to have the answer, period. Mr. McWilliams: As of 2005, the northbound direction of Biscayne Boulevard operates at LOS (level of service) "D, " and the southbound direction operates at LOS "C." Mr. Cruz: I assume those are City of Miami ratings, not Florida Department of Transportation ratings; is that correct? Mr. McWilliams: These are corridor analyses LOS, which when I say corridor, that's different from vehicular roadway -- vehicular capacity. Corridor capacity, which is something the City of Miami looks at, accounts for all modes of transportation along the corridor, so it does account for transit capacity along that corridor. Mr. Cruz: Mr. McWilliams, you say you're not -- you've never heard what the Florida Department of Transportation level of service is for Biscayne Boulevard; is that correct? Mr. McWilliams: I wouldn't want to speculate. I don't have the facts in front of me, so 1 wouldn't want to present that to the Commission. Mr. Cruz: If I told you that it was currently rated "F, " would you believe me? Vice Chairman Winton: Well, 1 don't think that means anything, Elvis. I mean -- City of Miami Page 12 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Mr. Cruz: Well, I -- it is rated "F, " and I've presented that before. I just wanted to -- found it surprising that a traffic engineer was not familiar with that, but anyway, let me go ahead and begin here. Chairman Gonzalez: I'm going to be giving three minutes to each speaker on the item, so you have three minutes. Mr. Cruz: OK. Thank you, Commissioner. 1 am here speaking on behalf of the association, but this shouldn't take much more than that at all. OK. We are opposing this project. We've passed a resolution in opposition to it as it is currently proposed. Section 1300 states that MUSP requirements apply to design, character, and scale, and also apply to protect the public interest generally, adjacent properties, the neighborhood, and the City as a whole. It is our position that allowing high-rises outside of downtown is harmful not only to the neighborhood, but to the public interest generally, and the City as a whole. Here's why. Over the last 30 years, we have invested billions of dollars in downtown infrastructure to serve high-rises. For example, Metrorail, Metromover, 1-95 access ramps, Miami -Dade College, Miami Arena, American Airlines Arena, the main library, the Miami Art Museum, South Florida Historical Museum, Bayside Marketplace, Bayfront Park and Amphitheatre, Bicentennial Park, numerous parking garages, numerous City, County, State, and federal office buildings, the New World School of the Arts, the James L. Knight Convention Center, the Olympia Theater, and soon, the Performing Arts Center. These public projects make downtown the appropriate place for high-rise living, where people can work and play in a compact, walkable urban core. The City of Miami's Planning Department issued the Downtown Master Plan and confirms these basic concepts of urban planning. From page 1.7, "The plan checks the sprawl of downtown, particularly the north/south spread, and promotes a complex core area" -- essentially, the service area of the Metromover -- "stressing alternatives to office growth, primarily residential and specialty services, as a realistic means of absorbing the enormous development potential offered by downtown zoning districts," and from page 7.2 -- and this is the key point today -- "approximately 70 percent of the land in downtown Miami is either vacant or underdeveloped. It would require well over 100 years of growth to complete the build out of maximum allowable FAR (floor/area ratio)." Today, you can see hundreds of acres of parking lots and underdeveloped land in downtown. What better statement can be made about the illogic of allowing high-rises outside downtown. Additionally, in 1985, the FAR formula was changed from net lot area to gross lot area, and you can see the result in these pictures from the Miami 21 website. This drastic change effectively undermines the time, money, and effort spent to attract high-rise development to downtown. We've paid dearly to prepare downtown for high-rises, and yet, high-rises have been allowed outside of downtown. This results in a lose -lose -lose situation. First, we taxpayers lose; shortchanged out of a proper return on our investment downtown. Second, downtown itself loses because it's not getting the residential high-rises that would make it thrive. Then third, our neighborhoods lose because they are being harmed by high-rises they don't want. That is what harms the public interest generally, the neighborhood, and the City as a whole. Imagine the vitality our downtown could have had if all the high-rises of the past 30 years had been located there, instead of in outlying areas, often abutting and aggravating historic family neighborhoods. Fortunately, Miami 21 proposes to change FAR back to net lot area, and Mayor Manny Diaz has stated that he has asked the Planning Department to review applications for compliance with Miami 21. FAR is a maximum, not an entitlement. The proposed building violates the design review criteria of Section 1305 regarding neighborhood context and scale. From 48 Street to the City limits at 87 Street, 95 percent of the properties are two stories or less, and only 14 buildings are over two stories in that 2.48 mile distance. The IVAX and Wachovia buildings across the street from Bay Point, which the applicant mentioned as examples of neighborhood context, are over a quarter -mile away. They were both using gross lot area, and so proved my earlier point, so they're also out of scale with the neighborhood context. Three stories is the preferred scale for a commercial corridor such as Biscayne, as specified by the Miami -Dade County Urban Design Manual, the Upper Eastside Master Plan, City of Miami Page 13 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 and Florida case law. Chairman Gonzalez: You have -- Mr. Cruz: This is -- Chairman Gonzalez: -- gone -- you have exceeded your three minutes by another two minutes, so -- Mr. Cruz: I have two paragraphs left. Chairman Gonzalez: -- are you going to conclude or -- ? Mr. Cruz: May I continue? Thank you. Vice Chairman Winton: Two paragraphs? Chairman Gonzalez: All right. Mr. Cruz: Yeah. Chairman Gonzalez: All right. Mr. Cruz: 1 apologize, Commissioner. Chairman Gonzalez: Go ahead, go ahead. Mr. Cruz: This -- the building that would be demolished for the project, the 1954 mall building, unfortunately, has not been declared historic, but should be, as a beautiful example of Miami Modern, or MiMo, architecture. There are interested buyers who would like to save and restore it. We hope the current owners will consider their offers. In closing, we request that this MUSP be approved with the condition that it comply with the proper scale, as specified by the Miami -Dade County Urban Design Manual, which is three stories, and that the FAR be calculated using net lot area, and eliminate the bonuses, as proposed by Miami 21 and Mayor Diaz. This has been our 30th appearance at City Hall opposing high-rises on Biscayne. Thank you, and 1 apologize. Apparently, there was some technical problem because you missed a tremendous PowerPoint. You would have gone home and told your spouses about it. Thank you. Chairman Gonzalez: All right. Next. Eric Silverman: Good day, Commissioners. My name's Eric Silverman, 7301 Biscayne Boulevard, the Vagabond Motel The mall building that we're discussing is really a MiMo (Miami Modern) masterpiece, in my opinion. I'd like to quote the MiMo book about Biscayne Boulevard. Before the rise of Brickell Avenue, Biscayne Boulevard was Miami's prestigious suburban address. A string of stylish, subtropical modern office buildings lined the street side -by -side with colorful motels. If you look at this building and you look at the MiMo, basically, it was Miami's interpretation of the modern movement and what the future was going to be; how our parents saw the future, OK, the louvered buildings, the futuristic Cape Canaveral in those days, and this is people's dreams. US 1 went from Maine to Key West, and when people arrived to Biscayne Boulevard, they really felt that they arrived to some place unique and special. I've seen a lot of the presentations today, and I've heard a lot of talk, but I doubt if very many of you even know which building we're talking about, and I'd like to share a picture with you of the building, and I don't know if we can see it, but it really gives you the architecture of what was happening in the '50s and what Biscayne Boulevard really looked like. I'm neither an City of Miami Page 14 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 opponent or in favor of the building, and I have nothing against the developers, but one of the things I would like to see -- and 1 think that this is an important work by an architect by the name of Pancoast, who did many of the famous mansions in Miami Beach, and this is one of his interpretations of the future, working on concrete in an office building. The building is really a work of art. I can't tell you how many students we have coming to the Vagabond and other hotels that are now studying these and want to see what new interpretations these buildings can have, and I promise you that we need to save some of these for our children, and our children's children. Recently, 1 was in New York, and the MiMo group, of which I've recently became involved in, was involved in preserving the TWA (Trans World Airlines) terminal, which many of you know, at JFK (John F. Kennedy). Obviously, that was one of the buildings they wanted to knock down. Companies like Jet Blue are growing. They need more terminals; they need more gates, and the MiMo group from Miami was brought to New York, and they were capable in saving that building, which today is going to be a food court for Jet Blue, and I think that's really what is modern today is when you take the old and the new, and you put it together and make it work, and obviously, it lets some of the developers make a profit, which we need for them to grow and make Miami the city that it's become and to grow into the future. To talk a little bit about the Vagabond, we're going to be a boutique hotel, a restaurant, a bar, a retail, to do the things -- and we're primarily looking for the person coming to Miami, as the old days, this is someone coming for a couple of days for business, whether it's for law, whether it's for fashion, whether it's for architecture, we want to accommodate today the traveler, and as you know, Miami's getting very expensive as a city to travel to, and many people, quite frankly, cannot, on their company expenses, afford to stay in Miami anymore, in hotels where they feel comfortable and safe. MiMo has been doing a tremendous amount, and 1 think that we have to reflect that in our decisions that we do here. There's a beauty in low density. My vision of Biscayne Boulevard -- and also, Southwest 8th Street was mentioned before, that we're losing a lot of this heritage of what was the history of Miami and what people are really going to embrace in the future, and it would be a shame to see them follow the way of Sunny Isles, and some of this great architecture and memories that many of us have. My suggestion was that funding needs to be put together to help restore some of these historic properties, to help them in the processing and permitting basis until they become operational and economically feasible for banks to finance. This could take 18 to 20 months on most projects. Number two, I think that -- I don't know the height restriction. Whether -- I think 30 feet is too low. I think 150 feet is too high; somewhere in the middle, but I think the important thing is to act with prudence and to find a happy medium. Also, there's been discussion of the property owners being able to sell their FARs to other properties, where the density might be more suited to the vision of Miami, thus helping to protect some of the architectural wonders that the City truly has for Miami, the United States, and for the Europeans, and really, the world. We lost an incredible amount of buildings here in Miami, and to be able to have in some of the new buildings a reflection of what the architecture was of the old buildings being interpreted into new buildings, larger buildings, economically viable buildings, 1 think would be the ideal situation of tying the past and the future together with a common vision for the area. I thank you for your time. Chairman Gonzalez: Thank you very much. Yes, ma'am. Judith Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I would like to give my support to the last two statements by this gentleman and by Elvis Cruz, and to say simply that Russell Pancoast, the architect of this building, is one of the most important architects in Miami in the 20th century, and I think that we have no business tearing down one of his buildings to build anything else. He's not quite the Freedom Tower, but architecturally, he is a key player in the history of Miami, as are his buildings. Thank you. Chairman Gonzalez: Thank you. Anybody else? Yes, ma'am. Nina West: I don't have a good touch with the microphone. Nina West, 3690 Avocado Avenue, Coconut Grove. I'm speaking on behalf of Miami 21 at this point. We are asking, until Miami City of Miami Page 15 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 21 takes place and until we have the vision for this City, that FAR maximums not be given because it's a privilege, not a right, and also that affordable housing bonuses, which will not be included -- there won't be bonuses, we understand, in Miami 21 -- not be allowed until -- for instance, $50 a foot can't build any affordable or acquire any affordable property, so we'd like the bonuses to cease and let Miami 21 take care of the rest of that. Thank you. Chairman Gonzalez: Thank you, ma'am. Anyone else? All right. Your time for rebuttal. Ms. Gralia: Thank you, Chairman. First of all, I just want to say that the City of Miami has not adopted the Miami -Dade County Urban Design Manual. The City of Miami looks at its code in Section 1305 to see if we comply with that criteria. We have complied with that criteria. It's been reviewed by several boards, and each board has stated -- has recommended approval of this project. We are not requesting any variances or special exceptions. 1 want to just say one thing about the comments, as to the building itself on the property. This is a vacant building. It's been vacant for some time. It is not in a historic district. It's not designated historic. I'd also like to say that MiMo architecture came into the '40s and '50s. This building was constructed in 1960. Not going to say that the architect couldn't have been -- it could be that he was a wonderful architect, and this could be a great building, but the fact is, at this moment in time, it is not a building that's historically designated, nor is it in a historical district. Thank you. Chairman Gonzalez: Thank you. All right. At this time, I'm closing the public hearing, and I'm going to bring it back to the Commission for discussion among the Commissioners. Vice Chairman Winton: Lourdes, on the issue of bonuses, by right, what could this developer build on this site if we denied the PUD bonus and the affordable housing bonuses, which is the two bonuses that they're -- that they've gotten here; is that not correct? Ms. Slazyk: I think -- yes. The bonuses that they're requesting, the -- is 34,000 square feet in the affordable housing trust fund, and they get 27,000 or so with the PUD. What that translates to is the -- is square footage, not density. The density is governed by the Comprehensive Plan, so the number of units that they're requesting approval of they could do without these bonuses; they'd just be smaller units. They'd be very different than what they're proposing here. What the bonuses do is give a little bit more FAR, which lets them have bigger units, and you know, design it more appropriately, so if they didn't get these bonuses, they would still be able to build a building that's 12 stories; they'd just have to do a Class II Special Permit for it, and they'd have to reduce the FAR. Vice Chairman Winton: And does this building -- we went through months and months and months of -- Ms. Slazyk: Yes. Vice Chairman Winton: -- debate about Biscayne Boulevard -- Ms. Slazyk: Right. Vice Chairman Winton: -- and there was a section of Biscayne Boulevard that we said if-- that we said could in fact go to 12 stories because of the location -- Ms. Slazyk: And depth of the lots. Commissioner Sanchez: Yeah. Vice Chairman Winton: -- and the depth of the site, the width of Biscayne Boulevard, and other City of Miami Page 16 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 things, and is this in that area that is tied to the new code that we passed on Biscayne Boulevard, what was that, nine months ago? Ms. Slazyk: Yes. Yes, it is, and that's why this section and several others, as you go up the Boulevard, were permitted 120 foot height limit, and they are at that 120. They're not asking for any variances. Commissioner Sanchez: And they meet that requirement? Ms. Slazyk: They meet that requirement. There's no variances. Vice Chairman Winton: And the last issue relative to the MiMo designation, have we -- ? Do we have a MiMo -- ? This is a totally separate issue, and I think one that we need to begin to work on because I think both Elvis and Mr. Silverman are correct that, you know, there is an architecture that's been recognized around the United States, and that architecture started here. Ms. Slazyk: Yes. Vice Chairman Winton: The MiMo book that they have is really a cool book -- Ms. Slazyk.: Yes. Vice Chairman Winton: -- and -- but government's taken no steps to try to support the saving of that architecture around, as far as 1 know, and so it's kind of a different item here; one relates specifically to this site -- Ms. Slazyk: Right. Vice Chairman Winton: -- the second is to MiMo itself and so let me reserve the part about the MiMo itself, because we need to have a little discussion about MiMo and what we're going to do about that moving forward -- Ms. Slazyk: OK. Vice Chairman Winton: -- but as it relates to this specific project, what -- Mr. City Attorney, do we have any right to deny the applicant's right to demolish this building because it might be or is determined to be MiMo architecture, or done by a very famous architect in the community? And we all know the importance of Lester Pancoast in the architectural world of South Florida; do we have any right to do that? Jorge Fernandez (City Attorney): None whatsoever. Vice Chairman Winton: So -- Mr. Fernandez.: In the absence of you -- of this building going through the Historic Preservation Board and being declared historic, and I mean, the whole process -- because we do have an ordinance in place that can do that. Clearly, it's not a historic district, so it doesn't have any of the protections that a general district would otherwise have for buildings located in it. It would be a single building, but as it presently stands and the application is in front of you, you have absolutely no right to deny the demolition of it. Vice Chairman Winton: And, Lourdes, then the one last point about MiMo architecture. Do we have a plan to address that issue, which I think really is an important issue? And there're some great, really neat buildings that we ought to be thinking about in that regard. City of Miami Page 17 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Ms. Slazyk: Yes. I was -- actually, I was just asking the director about that. Apparently, there is -- you know, we are -- we recognize the importance of that movement, and there is a corridor study that is going to -- that we are going to embark on in order to further that, but at this moment, we don't have that, and it isn't designated, but we -- as part of when we're moving forward in Miami 21 and recognizing, you know, furtherance of historic designations and districts, this is something that we plan to look at. Vice Chairman Winton: OK. Then, in light of all of that -- and, Elvis, while I'm really -- while I'm willing to fight the fight over the -- over those sites that really have a dramatic impact on the east side, 1 guess you and 1 won't completely agree on this one because it's on the west side; it's on a big site. It's got a broad boulevard. It's got a railroad right-of-way, and a street between it, and so, as a consequence, I'm going to move to support staff recommendation, with conditions, on PZ2. Commissioner Sanchez: I'll second it, based on the testimony and the recommendations, both by the Planning and Zoning and the PAB (Planning Advisory Board). Second. Vice Chairman Winton: And -- Chairman Gonzalez: All right. We have a -- I'm sorry? Vice Chairman Winton: One more comment about architecture -- I mean -- architecture -- about landscaping, and I hope that staff works with the developer because I think that landscaping around this whole project is going to be a very important element, and much more is a lot better than just a little more, and I think that would be important because it will really soften the impact of it at street level; that's what we want. We want it walkable. That's an area where we can still do that same kind of thing, and I hope that staff really hits you guys hard in that arena, and you respond. Ms. Gralia: Yeah, absolutely. Chairman Gonzalez.: All right. We have a motion and we have a second. Discussion. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Mr. Chairman. Lourdes, it has to do, but it doesn't have to do exactly with this, but 1 have been advised by several groups of residents that there is an ongoing survey or poll on the City's Web site of Miami 21 regarding the height of the buildings, and they ask you if -- how many stories would you want to have the buildings on the corridors near -- next to residential, and some residents were surprised because they didn't know, and the vote was ongoing. It's like an internet vote. I don't know how they would know what is the percentage of in favor or against or -- the height of the building, but they have said that 70 percent were voting for 13 stories or more, which doesn't sound right to me, being the residents. Ana Gelabert (Director, Planning & Zoning): I think we've added some language to say informal, but we're going to be amending that question. The consultants were putting it as part of an interactive. 1t was totally an informal. It was kind of information. We have heard the concerns, and they're valid. 1 think some residents might feel that there is an actual poll, and that is the height. The -- DPZ (Duany Plater-Zyberk) and the consultants just wanted to have some question that would be interactive. It's creating too much confusion. We've added the word informal, but we're going to be amending that question. Commissioner Regalado: But -- Ms. Gelabert: We're going to take it away because it's just too specific, and I think it's sending the wrong message. City of Miami Page 18 Printed on 1/6/2006 City Commission Meeting Minutes December 16, 2005 Commissioner Regalado: Yeah, but -- Ms. Gelabert: The way -- Commissioner Regalado: -- who knew because the residents didn't knew about the poll or the survey? Ms. Gelabert: It's part of the Web site, and there is -- there has been similar questions on maybe things that do not deal with height, as part of the Miami 21 Web site that has been up for a while now, and you know, it's -- people do get in; people do vote, but again, it's informal. It's kind of trying to make it interactive. That's really -- Commissioner Regalado: Yeah, well -- Ms. Gelabert: -- what it is, but I understand it has created too much confusion, and we're going to take care of that question. Commissioner Regalado: That was scary because, if I'm a developer, I sit at my computer and vote 24 hours -- Ms. Gelabert: And we under -- Commissioner Regalado: -- and 1 win. Ms. Gelabert: -- and I understand the confusion. That's why we're going to take care of that one, so -- Commissioner Regalado: OK. Ms. Gelabert: -- but it will be taken care of. Chairman Gonzalez: All right. Is that it, Commissioner? Commissioner Regalado, is that it? Commissioner Regalado: Yes, yes. Chairman Gonzalez: All right. This is a resolution? Mr. Fernandez: It is. Chairman Gonzalez: OK, so all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez.: All opposed have the same right. Motion carries. Ms. Gralia: Thank you very much. PZ.3 05-01089 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62, "ZONING AND PLANNING" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CREATING ARTICLE XIII ENTITLED, "PARKS AND OPEN SPACE TRUST FUND;" ADDING AN INTENT STATEMENT AND PROVIDING FOR ADMINISTRATION AND REGULATIONS; AND PROVIDING FOR TRUST FUND PAYMENTS AS SPECIFIED IN SECTION City of Miami Page 19 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 907.2 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-01089 SR Legislation.PDF 05-01089 SR Fact Sheet.pdf 05-01089 FR Legislation.PDF 05-01089 FR Fact Sheet 10-27-05.pdf 05-01088 FR Fact Sheet 11-03-05.pdf REQUEST: To Amend the Miami City Code APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. See related File ID 05-01089a. PURPOSE: This will create Article XIII, entitled, "Parks and Open Space Trust Fund". Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones 12751 Chairman Gonzalez: PZ 3. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 3 is a second reading ordinance. This is on that parks and open space trust fund. We did make the modifications requested at first reading. All expenditures from this trust fund are going to require recommendation of the Parks Advisory Board. In addition to that, any expenditure over $50, 000 shall require City Commission approval, in addition to the recommendation of the Parks Advisory Board -- Chairman Gonzalez: All right. Ms. Slazyk: -- so with those changes in place, we recommend approval. Vice Chairman Winton: So moved. Commissioner Sanchez: Second. Chairman Gonzalez: All right. We have a motion and a second. This is a public hearing. Anyone from the public that wishes to address the Commission, please come forward. Yes, ma'am. Nina West: We hope to get you some other people to come here. Chairman Gonzalez: Um -hum. Ms. West: I'm tired, but anyway, we're here in great support of the parks trust fund. We are very City of Miami Page 20 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 pleased that the Parks Advisory Board is going to have a lot of things to do with this, and we want to thank the Commission and the staff who worked so hard Thank you. Chairman Gonzalez: Thank you. Commissioner Regalado: Thank you. Chairman Gonzalez: Anyone else? OK. 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. 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, 5/0. PZ.4 05-01089a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLES 4, 6, 9 AND 25 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY MODIFYING REGULATIONS RELATED TO PROVISION OF GREEN SPACE AND OPEN SPACE WITHIN NEW DEVELOPMENT; PROVIDING FOR MODIFICATIONS OF SUCH PROVISIONS BY CLASS II SPECIAL PERMIT WITH CONTRIBUTIONS TO THE CITY OF MIAMI PARKS AND OPEN SPACE TRUST FUND FOR SUCH MODIFICATIONS; MODIFYING CERTAIN DEFINITIONS; PROVIDING FOR CRITERIA, PROVIDING FOR AN APPLICATION AND APPROVAL PROCESS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-01089a SR Legislation.PDF 05-01089a SR Fact Sheet.pdf 05-01089a PAB Reso.PDF 05-01089a FR Legislation.PDF 05-01089a FR Fact Sheet 10-27-05.pdf 05-01089a FR Fact Sheet 11-03-05.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommend approval to City Commission on September 21, 2005 by a vote of 8-0. See related File ID 05-01089. PURPOSE: This will modify provisions related to green space and open space by Class II Special Permit. City of Miami Page 21 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones 12752 A motion was made by Vice Chairman Winton, seconded by Commissioner Sanchez, and was passed unanimously, to direct the City Manager to engage the services of an analyst to perform a citywide study of appropriate boundaries for different fee structures to be applied related to provision of green space and open space within new development; further directing the City Manager to come back within 120 days with a recommendation on the methodology of said fee structure. Chairman Gonzalez: OK, PZ. 4. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.4 is a second reading ordinance. This is amending the zoning ordinance that amends the definitions of the open space and green space, and requires that these be located on the ground floor, unless -- and if you want waivers or to be able to move it up to a parking deck area, this is where the contribution into the trust fund comes in. We were asked at first reading to make two changes to this; one of them was clarifying that the use of swale areas or other public right-of-way cannot count and shall not count towards your green space requirement. That amendment was made, and it is on page 11 of the ordinance in the attachment, if you want to look at it. The other request was for us to take a look at the requirement on the $50 per square foot and see if we could do different contribution requirements for different areas of the City. After conferring with the Law Department and the Parks Department, we decided to leave it at the $50 per square foot. We're in the process of doing a parks master plan now. Without proper studies as to what the different costs should be or contribution amounts should be for different neighborhoods, we really can't support, you know, picking different numbers for different areas. We would rather not delay this ordinance while we get those studies done, so we're going to recommend that the $50 per square foot, which is the average for the City, be incorporated in the ordinance, and it move forward this way, and when we have those studies and those numbers, we can always come back and amend it, so we're recommending approval of the 50 as -is. Now, let me explain something. In reality, the projects that most are going to utilize this are the projects in the special districts or districts of the City with zero setbacks. This is where a developer is going to want to build property line to property line and not do his open space on the ground floor, and throw it all up on a parking deck. In most of the areas of the City that are not SDs (special districts), the setback areas, you know, bring you into compliance with your green space and open space, so they're not going to need to do this. It's really the SDs, where people are taking advantage of higher FARs, and the more valuable properties where we're really seeing the biggest use of this, so the $50 a square foot is the number we are prepared to recommend. Chairman Gonzalez: All right. Do I hear a motion? Commissioner Sanchez: Madam Clerk, haven't we made a motion yet? Vice Chairman Winton: No. Chairman Gonzalez: No. Commissioner Sanchez: So move. Chairman Gonzalez:: Is there a second? Vice Chairman Winton: Second, for discussion. City of Miami Page 22 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Chairman Gonzalez: OK. We have a motion and we have a second. Discussion. Vice Chairman Winton: As it -- Chairman Gonzalez: You are recognized. Vice Chairman Winton: -- relates to the study, a sixth -grader could do the study because there's more comparable land sales in the City of Miami today than there's been in 30 years, and a sixth -grader could do the comparable land sales to determine that, in Allapattah, $50 a square foot is moving towards the maximum value, and in downtown Miami, $400 a foot is moving towards the maximum value, and where this is primarily going to be used is in a $400 a foot area, and a sixth -grader could do this analysis, so explain to me how long it's going to take for the consultants to get this analysis done before we get something back. Ms. Slazyk: I don't know if I can answer how long it's going to take to get some numbers back. I just know that without having them at this moment, we can't recommend just plucking them -- Vice Chairman Winton: Well, what kind of expert -- Ms. Slazyk: -- out of thin air. Vice Chairman Winton: -- do you have to have that satisfies the City Attorney that we've got the right expert making this determination, Mr. City Attorney? Jorge Fernandez (City Attorney): I'm sorry? Vice Chairman Winton: 1 said what kind of expert do we have to have that satisfies the City Attorney that we've had an expert looking at these land values. Mr. Fernandez: Somebody who can, under oath, testify in front of a judge or a jury that they're, you know, trained -- Vice Chairman Winton: So, every -- Mr. Fernandez: -- competent, experienced. Vice Chairman Winton: -- so all the commercial brokers in the City of Miami, you can hire one of them; it could take him a month. Ms. Slazyk: But, let me just go backwards. 1 think -- Mr. Fernandez: In the context of -- excuse me -- the acquisition of the parkland, you're not only looking at the raw value of land -- Ms. Slazyk: Right. Mr. Fernandez: -- you're looking at a whole lot of other components, which are -- which will be part of the master plan. I don't know if that's what you were going to say, Lourdes. Vice Chairman Winton: I'm a little confused about that. Ms. Slazyk: Similar. The price per square foot of the land is not the only factor that goes into it, and we know because we just did the impact fee ordinance, and we had, you know, the consultants looking at what the proper impact fees should be for the different categories in the City of Miami Page 23 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 ordinance, and something similar to that by area is what has to be done to determine -- it's not just the cost of land. Vice Chairman Winton: Excuse me. I'm not going to buy what you two -- either one of you just said. It -- in fact, if you're going to buy land, the fundamental start point is, in fact, the cost of the land, not whatever add -on that you guys are going to -- that's going to get above and way -- that's going to get above the fundamental cost of land. You can't even start without the land. That's the start point, so whatever else you do to the park that you guys are now bureaucratically throwing in this mix, is over and above the land cost -- Chairman Gonzalez: The land cost, right. Vice Chairman Winton: -- so don't throw all this baloney in there about all the other factors. It starts fundamental cost of land; no land, no park, so y'all are making up stuff here. Commissioner Sanchez: Mr. Chairman. Chairman Gonzalez: Yes, Commissioner Sanchez. Are you done -- Commissioner Sanchez: Are you done? Chairman Gonzalez: -- Commissioner Winton? Vice Chairman Winton: Well, I'll probably come back. Commissioner Sanchez: Yeah. Well, if you would yield then? Vice Chairman Winton: 1'!l take a breath. Commissioner Sanchez: No. I believe the same argument you have made, I made, and it's all about having legal mustard [sic] to hold up in court, and when you say -- and the argument is -- and I'm not going to dispute that in Little Havana or Allapattah it's $50, but in other districts it may be 400 or $500, but the issue is that the last time that -- we could state on the record that we bought property for a park, it was based on $50, and that's where I think that the problem comes. Now, without a doubt, if you looked in the City, the entire city, and you look comparable prices, it's completely different, but everything is about creating things that are going to have to possibly withstand litigation, or defendability [sic] in court, so your argument, I made. Well, what's -- why are we doing $50 and not doing 250, and the compromise of 50 and $400, or $500, it all depends where you buy land in the City of Miami, but I think that, based on my discussion with the City Attorney, it was all based on, yes, they're going to say, well, when was the last time you bought property for a park. Well, we bought $50. Why did you base it on that? So -- Mr. Fernandez: And just with regard to the level of expertise that would be required, perhaps an intelligent sixth -grader could look at the facts, and he could be given a sheet that contains sales over a period of time in different areas, and arrive at mean, medium, and do all of those types of analysis, but here you're looking at someone who's able to deal with issues of projections, variables, trend, and also looking at establishing districts and demarcating lines because, in the same area, downtown, a piece of land on water is quite different than something that's ten blocks, still in downtown, away from the water, and so the valuation for that -- those are the variables that go into how many of these districts do we want to establish, number one, and then once we establish a district, how do we then -- what methodology does that expert use to arrive at a combined rate that captures the average value on that district, and -- Commissioner Sanchez: And -- City of Miami Page 24 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Vice Chairman Winton: And Mr. City -- Commissioner Sanchez: -- a sixth -grader could also amend this. Vice Chairman Winton: -- and -- so Mr. City Attorney, you finally bingoed because the real issue is where's the boundary -- Mr. Fernandez: Correct. Vice Chairman Winton: -- and that 1 would agree with you 100 percent. The big question is boundary. Mr. Fernandez: Boundaries. Commissioner Sanchez: Johnny, we could always amend it. Vice Chairman Winton: Yes, and -- but here's what I want to make sure we don't allow to happen, and that is for everybody to go to sleep and let this thing stay at $50 -- Mr. Fernandez: No. Vice Chairman Winton: -- because the majority of the properties that are going to opt into paying the money are, in fact, in my district -- Ms. Slazyk: Yeah. Vice Chairman Winton: -- where the land is absolutely a hell of a lot more expensive, and so we're missing an opportunity, so therefore -- Commissioner Sanchez: Why don't we put a condition we could revisit in a year? Vice Chairman Winton: No. Commissioner Sanchez: Six months. Vice Chairman Winton: How about 120 days? Commissioner Sanchez: Well -- Vice Chairman Winton: Listen, it isn't -- this isn't that complex. I'm in this business, so this is one of those times where they can't talk the government gobbledygook about well, you know, you got to blah, blah, blah, blah, blah, blah. 1t ain't that, honey. It is taking some -- Commissioner Sanchez: Do they talk that way to you, Johnny? Vice Chairman Winton: -- zones, doing the analysis, and it is not that hard to eyeball where these corridors, where these lines of demarcation are because they're going to already know it, and you do the analysis on those; you start drawing some lines, and you can have that figured out pretty quickly. This isn't -- this is not rocket science. Commissioner Sanchez: How about six months? How about six months? Vice Chairman Winton: Six months I'll buy. Commissioner Sanchez: All right. City of Miami Page 25 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Chairman Gonzalez.: All right. Commissioner Regalado. Commissioner Regalado: I have a question. Thank you, Mr. Chairman. I have a question for the City Attorney. 1 know that you always do the research. How many municipality have been taken to court because of similar cases like this? Because I know that, for instance, in New York or Washington, they do the same. Is there any case that you have researched of cities being taken to court and being on the losing side because they charge a certain amount of money? Mr. Fernandez: Particularly with regard to what you're doing with this ordinance, no, I don't have any particular research, but the whole issue that we're talking about, which is making a legislative decision and not having very tight facts and research and analysis to tie it to consistently, that's why cities get taken to court, challenged, and typically, cities lose when they cannot articulate a sound rationale and a relationship between facts and the policy that the Commission is trying to advance. Commissioner Regalado: But the rationale is market price. Mr. Fernandez: You've made one step. You have three or four other steps to go before you close the loop, and you know, you have the policy. You're going in the right direction. We're not saying that you cannot do it. You can do it, but in my opinion, we are lacking presently the evidence, sufficient evidence, based on data analyzed by an expert to be able to justify different values for different parts of the City. Vice Chairman Winton: I'm going to support this motion right now, but I want to introduce a follow-up resolution. Commissioner Sanchez: A11 right, so there's -- the motion and second, with conditions, will be revisited in six months. Vice Chairman Winton: Well, I'm going to take away the -- that proviso, leave it out of this motion, and then I want to come back with a separate motion on the revisiting. Commissioner Sanchez: You made the motion. I'll withdraw -- Vice Chairman Winton: So, you motion -- Commissioner Sanchez: -- that condition. Vice Chairman Winton: -- this one; I second. I'm in favor of this as -is, and then I want to bring a second motion, then we'll talk about it for just one minute, no more than that. Commissioner Sanchez: So, for the record, we'll just withdraw the condition, which was to revisit in six months. Vice Chairman Winton: Yes. Chairman Gonzalez.: All right. Any further discussion? Commissioner Regalado: One -- Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Regalado: Just one question. Just to make sure, Lourdes, I ask this the first time, and I'm doing it the second time. There's no way that the City's right-of-way could ever be used City of Miami Page 26 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 for green space, right? Ms. Slazyk: Right. I'm going to read -- Vice Chairman Winton: In that calculation. Ms. Slazyk: -- to read to you -- I'll read to you what we put into it since first reading. Open space requirement, as set forth herein, are based on gross lot area. However, all such required open space must be provided on the subject property, or the property's net lot area. Open space requirements may not be fulfilled on public or adjacent lands, as used for gross lot area calculations. Vice Chairman Winton: Which includes parks across the street -- Ms. Slazyk: Right. Vice Chairman Winton: -- and all that jazz. Mr. Fernandez: Right Ms. Slazyk: You can't use a park across the street or a swale area, or anything that's not your property to meet your open space requirement. Commissioner Regalado: OK. Vice Chairman Winton: Call the question. Chairman Gonzalez: OK. All right. Mr. City Attorney. Mr. Fernandez: Yes. This is an ordinance on second reading. The Ordinance was read by title into the public record by the City Attorney. 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, 5/0. Chairman Gonzalez: OK, PZ. 7. Vice Chairman Winton: Mr. Chairman, could I -- Chairman Gonzalez: Oh, I'm sorry. Vice Chairman Winton: -- introduce a resolution? And my motion is to direct the City Manager to hire the appropriate analyst and bring back a draft of appropriate boundaries for different pricing structures for this ordinance that we just passed within, I'm going to say, Commissioner Sanchez, 120 days, again, and the reason for that is because I guarantee you, when we get to 120 days, they're going to come back and say, oh, no, we need more time. Well, if we got to 180, they'd come back and say, oh, no, we need more time, and so, I would like to get the draft within 120 days, so that when we hear whatever we're going to hear, we can turn the knob a little bit. City of Miami Page 27 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Commissioner Sanchez: What's going to be the boundary? It's got to be citywide. Vice Chairman Winton: No. It's a citywide study -- Mr. Fernandez: Citywide study. Vice Chairman Winton: -- and they're going to come up with the -- Mr. Fernandez: Demarcation. Vice Chairman Winton: -- with their own -- Commissioner Sanchez: Methodology -- Vice Chairman Winton: -- and -- yes, with different boundaries -- Commissioner Sanchez: -- as to the price. Vice Chairman Winton: -- that say it's $50 here; it's 200 here. Commissioner Sanchez: All right. Chairman Gonzalez: All right. Vice Chairman Winton: And so that's my motion. Commissioner Sanchez: Second. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All opposed have the same right. Commissioner Sanchez: 120 days. Vice Chairman Winton: 120. Chairman Gonzalez: 120 days. PZ.5 05-01230 ORDINANCE 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 7205 NORTHEAST 4TH AVENUE, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "GENERAL COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading City of Miami Page 28 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 05-01230 Legislation.pdf 05-01230 & 05-01230a Exhibit A.pdf 05-01230 Analysis.pdf 05-01230 Land Use Map.pdf 05-01230 & 05-01230a Aerial Map.pdf 05-01230 School Impact Review Analysis.PDF 05-01230 PAB Reso.pdf 05-01230 Application & Supporting Documents.pdf 05-01230 FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 10544, from "Industrial" to "General Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 7205 NE 4th Avenue APPLICANT(S): 7205 Holdings, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on October 19, 2005 by a vote of 5-1. See companion File ID 05-01230a. PURPOSE: This will change the above property to General Commercial. CONTINUED Direction to the Administration by Commissioner Spence -Jones to schedule Item PZ.5 for the Commission Meeting currently scheduled for January 26, 2006; further directing the Administration to meet with community organizations and the developers of this project before coming back to the Commission for consideration. Joe Arriola (City Manager): Commissioner -- Vice Chairman Winton: Now, do we know -- can we -- ? Mr. Arriola: Yeah, Commissioner, I think -- Chairman Gonzalez: Yes. Mr. Arriola: Commissioner Spence -Jones, I think that you were going to defer PZ 5 -- Commissioner Spence -Jones: Yeah, I was thinking -- Mr. Arriola: -- 6, 8, and 9. 1 think -- Commissioner Spence -Jones: Yeah. Mr. Arriola: -- it's a good time to do it now. Commissioner Spence -Jones: I'd like to defer those items. City of Miami Page 29 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Vice Chairman Winton: Which is it? Which -- ? Commissioner Spence -Jones: PZ 5, 6 -- Mr. Arriola: 5, 6, 8, and 9. Commissioner Spence -Jones: -- and 8 and 9. Commissioner Sanchez: Second. Commissioner Spence -Jones: And, before we do that -- can I do my discussion? Commissioner Sanchez: Yeah, yeah, discussion. Commissioner Spence -Jones: OK. Second it, but I want to also have a quick discussion, too, real fast. I'd like to direct staff to meet with the community organizations and the developers of the project. I think that that needs to happen first before we can address this issue -- Vice Chairman Winton: Can he -- she can't meet with -- Commissioner Spence -Jones: -- on both items. Vice Chairman Winton: Can she do that? I don't think she can meet with either side, can she? Commissioner Spence -Jones: No, not me, staff. Lourdes Slazyk (Assistant Director, Planning & Zoning): She wants staff to -- Vice Chairman Winton: Oh, staff is going -- oh, OK. Commissioner Spence -Jones: I'd like the staff to meet -- Vice Chairman Winton: No, I just didn't want you to get in trouble. Commissioner Spence -Jones: No, no, no. 1 know. I'm not going to -- I'd like for staff to do it. Ms. Slazyk: And this is for PZ 5 and 6? Commissioner Spence -Jones: 5 and 6, and 8 and 9. Ms. Slazyk: 5 and 6, and 8 and 9. Can we ask for a date certain of the January PZ (Planning & Zoning) meeting? Commissioner Spence -Jones: Well, I'm looking at maybe, perhaps the second meeting in January -- Ms. Slazyk: OK That was the -- Commissioner Spence -Jones: -- but if you can give me a recommendation after you've met with them, that would be great. Commissioner Sanchez: That'll be the 26, correct? Ms. Slazyk: Yes, January -- City of Miami Page 30 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Commissioner Sanchez: So -- Ms. Slazyk: -- 26 for PZ 5, 6, 8, and 9. Chairman Gonzalez: What about PZ. 7? You're going to hear that today? Commissioner Spence -Jones: 6 and 7? Chairman Gonzalez: PZ 7 -- Ms. Slazyk: 7. Chairman Gonzalez: MLK (Martin Luther King) Boulevard Commercial District. Mr. Arriola: Yes. Commissioner Spence -Jones: Yes, we're going to hear those today. Mr. Arriola: PZ.7 stands by itself. Chairman Gonzalez: OK. Mr. Arriola: That's a stand-alone item. Chairman Gonzalez: Any other deferrals that we know about at this time? Adrienne Pardo: Can I speak to just 8 and 9 real quick? I won't take more than two minutes, just to state something for the record. That's all I'm asking. Commissioner Spence -Jones: Not a problem. Ms. Pardo: Hello. My name is Adrienne Pardo, with law offices at Greenberg Traurig, 1221 Brickell Avenue. With me here today -- and this goes to Items PZ.8 and PZ 9. With me here today is my cocounsel on the matter, Gil Pastoriza. If I could just ask you, with regards to PZ 8 and 9, I understand that you want us to meet with the association. We're happy to do that. We've met with them three times. We tried to meet with them further, and they didn't want to, but we'll meet with them again; no problem, but I am asking if you could put this item on the January 12 agenda. The reason being is that there are a lot of carrying costs, like $50, 000 a month to carry the property, and therefore, the sooner we can get this resolved, the better. We'll meet with them and meet quickly, but my client really wanted to hear this item today, and I understand you're going to defer it, and no matter what 1 say, it's not going to change, but 1 am asking you to put it on the January 12 agenda so that we can move forward with it because he does have a lot of money invested, and what he's seeking to build is per the Code. He's building within the Code, so if you could do it January 12, it'd be greatly appreciated. Commissioner Spence -Jones: OK, I just want to give the neighborhood associations the opportunity to really have the time with staff to make sure you work through it, so I'd prefer for it to stay on the second meeting. Chairman Gonzalez: All right. Ms. Pardo: Are we all supposed to meet together? Commissioner Spence -Jones: I'd like for staff to at least coordinate a meeting between the both City of Miami Page 31 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 of you, the neighborhood associations and the -- Ms. Pardo: All right, so we would all meet together. Commissioner Spence -Jones: They will coordinate the meeting happening. Ms. Pardo: OK. Chairman Gonzalez: All right. Any other deferrals that we know about? Any other -- nothing -- Ms. Slazyk: Not that I -- not that staff knows of -- Chairman Gonzalez: No. Ms. Slazyk: -- no. Chairman Gonzalez: All right, so we'll be back at 2:30 this afternoon. Meeting is -- Commissioner Sanchez: Stands in recess. Chairman Gonzalez: -- stand in recess. PZ.6 05-01230a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 9, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "I" INDUSTRIAL TO "C-2" LIBERAL COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 7205 NORTHEAST 4TH AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-01230a Legislation.pdf 05-01230 & 05-01230a Exhibit A.pdf 05-01230a Analysis.pdf 05-01230a Zoning Map.pdf 05-01230 & 05-01230a Aerial Map.pdf 05-01230a ZB Reso.pdf 05-01230a Application & Supporting Documents.pdf 05-01230a FR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from I Industrial to C-2 Liberal Commercial to Change the Zoning Atlas LOCATION: Approximately 7205 NE 4th Avenue APPLICANT(S): 7205 Holdings, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. City of Miami Page 32 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 ZONING BOARD: Recommended approval to City Commission on November 14, 2005 by a vote of 5-2. See companion File ID 05-01230. PURPOSE: This will change the above property to C-2 Liberal Commercial. CONTINUED Direction to the Administration by Commissioner Spence -Jones to schedule Item PZ.6 for the Commission Meeting currently scheduled for January 26, 2006; further directing the Administration to meet with community organizations and the developers of this project before coming back to the Commission for consideration. Note for the Record: Please refer to Item PZ.5 for minutes referencing this item. PZ.7 05-00651 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SECTION 601, SD-1 DR. MARTIN LUTHER KING JR. BOULEVARD COMMERCIAL DISTRICT; IN ORDER TO MODIFY THE INTENT OF THE DISTRICT, ADD REQUIREMENTS FOR STREETSCAPE AND FA?ADE IMPROVEMENTS TO BE REQUIRED BY CLASS II SPECIAL PERMIT FOR EXTERIOR WORK INCORPORATED BY REFERENCE THE "DR. MARTIN LUTHER KING, JR. BOULEVARD STREETSCAPE BEAUTIFICATION MASTER PLAN AND FA?ADE STANDARDS", HERE AND AFTER REFERRED TO AS THE "MLK BOULEVARD STREETSCAPE PLAN AND FAQADE STANDARDS;" CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-00651 Legislation.pdf 05-00651 Analysis.pdf 05-00651 Map.pdf 05-00651 PAB Reso.pdf 05-00651 FR 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 June 29, 2005 by a vote of 7-0. PURPOSE: This will add requirements to the SD-1 Dr. Martin Luther King Jr. Boulevard Commercial District. Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado Direction to the Administration by Commissioner Spence -Jones to meet with Otis Pitts before any streetscape or facade improvement project begins to coordinate the work and to further City of Miami Page 33 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 ensure that local workers are hired for this project. Chairman Gonzalez: OK. PZ. 7. Lourdes Slazyk (Assistant Director, Planning & Zoning): All right. OK, since we continued PZ 5 and 6, PZ 7 is next, and I'd like Gregory Gay from the Planning Department to present this item. Gregory Gay: Good afternoon, Chair, members of the Commission. My name is Gregory Gay, with the City of Miami Planning Department. I present to you today an ordinance of the City of Miami Commission amending Ordinance 11000, specifically speaking to SD-1. SD-1 is a special overlay district for Martin Luther King Boulevard, also known as Northwest 62nd Street. It encompasses an area from approximately 1-95 to the City limits, which is approximately a little west of 17th Avenue, and what this ordinance will do is actually beef up some of the requirements that are there now. This ordinance is really geared specifically toward landscaping and facade improvements. We did have a study that was done approximately in June or July this past summer, and we've had prepare -- information prepared for that. We did work with the community, through a suggestion of the previous Commissioner, to have an ad hoc committee who worked very closely with the consultants, Kimley-Horn, to prepare this particular document. I believe the document has been presented before you -- or the information provided, which is sometime ago, and what we would like to do is accept this particular ordinance in first reading. Vice Chairman Winton: Do we have a -- Commissioner Spence -Jones: I was going to -- Vice Chairman Winton: -- motion? Commissioner Spence -Jones: -- go ahead and move it, but I do have -- Vice Chairman Winton: Yeah, so -- Commissioner Spence -Jones: -- just some comments -- Vice Chairman Winton: -- move for -- Commissioner Spence -Jones: -- so I'm going to move it. Vice Chairman Winton: OK. Commissioner Spence -Jones: I move it. Vice Chairman Winton: Do we have a second? Commissioner Sanchez: Second. Vice Chairman Winton: We got a motion and a second, and comments, Commissioner Spence -Jones. Commissioner Spence -Jones: OK. First of all, I do want to definitely commend staff, commend the organizations that put together a great plan for MLK (Martin Luther King) Boulevard. As you know, this has been a long time coming for us regarding the Reclaim the Dream effort, so finally, we will get a chance to see the labor of our love, but one of the things I wanted to just make sure that once -- now that we have an official plan, that it moves from paper to actuality -- City of Miami Page 34 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Vice Chairman Winton: Here, here. Commissioner Spence -Jones: -- and it's -- one of my questions, and I don't know if it's you, Greg, that would be the one to answer it, or Mary Conway, and I don't really see her here as of yet, but I would really want to know, now that we -- once we -- well, we have approved it; when does it start? Mr. Gay: That is a very good question. 1 am privy to some of the things that have been occurring in regards to that particular project, which is the beautification project. As it stands right now, the facade project funds have been rolled over from the City and the County to continue that particular project, which is approximately $550, 000. In terms of the street improvements, that is actually being handled through CIP (Capital Improvements Program), and in conjunction with the County's Public Works Department, they have proffered for a millage project, which is going to basically resurface the road, and the City's portion is to, basically, add on the enhancements that deal with the streetscape sidewalk improvements, and the like. Commissioner Spence -Jones: I'm aware of that. I'm going to direct this, I guess, to you, Otto, since you're in the big chair. Can you please tell me again when will the project start? When are we slated to start with the streetscape part of it? I know facade is already in the midst, it's going, but I would like to know when will it start. Otto Boudet-Murias (Chief Planning & Economic Development): Commissioner, 1 don't have the answer for you right now. We will get you that answer before the end of the day through Mary Conway. We're trying to locate her, but I'll get that answer to you before the end of the day. Commissioner Spence -Jones: OK, and then I have another question -- Vice Chairman Winton: Yes. Commissioner Spence -Jones: -- real fast. I want to also make sure -- we got a chance to do a site visit this week off of MLK Boulevard, and Otis Pitts, as you know, has started a project there, which is a great project. My concern is, before we start breaking up the streets -- it's been a long time since we've had any kind of development happening on that level in the Liberty City/Model City area, so I want to make sure that now that we have that project happening, I don't want us to start breaking up the streets because he's -- I think he's slated to complete his project summer of this year -- or summer of next year, so I don't want to have -- you know, here we go completing the project, and then there's no coordination, so I'd like to direct staff to make sure that they meet with Otis Pitts, because that's going to be a great project on MLK Boulevard, one that we all can be proud of but I don't want the businesses to be affected once that happens, with us coming along fixing streets, so I want to direct staff to make sure that before anything begins, that we get with the developer that's already working to make sure that that happens, so that there's some sort of coordination, but if I can -- I see Ms. Conway's here, so if you could just let me know when will we start? Mary Conway: Mary Conway, CIP. For the MLK project, it's broken into two portions; the Cityfunded portion that is from 1-95 to 12th Avenue, and the County funded portion that extends all the way to 37th Avenue. We're tentatively scheduled to start construction of the City portion in the early part of next year. 1 will make sure that our part -- we're actually scheduled for a briefing with you next Wednesday -- Commissioner Spence -Jones: OK Ms. Conway.: -- and 171 make sure that we've got information regarding the coordination, and if City of Miami Page 35 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 we have not already reached out to the developer to coordinate how the work is going to be phased, I'll make sure that we incorporate that and do that, and we'll have a more detailed briefing for you next Wednesday. Commissioner Spence -Jones: And then, last but not least, just -- I know you're already doing -- you do a great job with it. I want to make sure that whoever we hire in that area, vendors, local folks in that area, it's really important for the neighborhood folks to be hired to work in that area. Ms. Conway: Absolutely. Commissioner Spence -Jones: I think it just sends -- yeah -- Unidentified Speaker: First source hiring. Commissioner Spence -Jones: -- so please, just -- Ms. Conway: We had great success -- Commissioner Spence -Jones: -- make sure that we include that. Ms. Conway: -- in Floral Park, and I'm confident that we will on this one also. Commissioner Spence -Jones: OK. Thank you. Vice Chairman Winton: OK. Any other comments? Commissioner Spence -Jones: No. Vice Chairman Winton: Is this an ordinance? Jorge Fernandez (City Attorney): It is. Vice Chairman Winton: An ordinance, so it's a public hearing. Mr. Fernandez: Do the public. Vice Chairman Winton: This is a public hearing. Anyone from the public would like to comment on PZ. 7? Anyone from the public on PZ. 7? Being none, we'll close the public hearing. Mr. City Attorney, would you read the ordinance, please? Mr. Fernandez.: Certainly. An ordinance on first reading. The Ordinance was read by title into the public record by the City Attorney. 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 passed on first reading, 4/0. Chairman Gonzalez.: All right. That concludes the -- City of Miami Page 36 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Mr. Gay: Thank you very much. Chairman Gonzalez: -- Planning & Zoning agenda. PZ.8 05-01050 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF AN ALLEY LOCATED NORTH OF NORTHEAST 36TH STREET BETWEEN NORTH MIAMI AVENUE AND NORTHEAST MIAMI COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT 05-01050 Legislation.pdf 05-01050 Exhibit A.pdf 05-01050 Planning Analysis.pdf 05-01050 Zoning Map.pdf 05-01050 Aerial Map.pdf 05-01050 Class II Special Permit Final Decision.pdf 05-01050 Class II Special Permit Appeal.pdf 05-01050 Public Works Analysis.pdf 05-01050 Public Works Letter.pdf 05-01050 ZB Reso.pdf 05-01050 Application & Supporting Docs.pdf 05-01050 Fact Sheet 10-27-05.pdf 05-01050 Presentation.pdf 05-01050 Submittal-1.pdf 05-01050 Submittal-2.pdf 05-01050 Submittal-3pdf 05-01050 Submittal-4.pdf 05-01050 Fact Sheet 11-03-05.pdf 05-01050 Fact Sheet 12-15-05.pdf REQUEST: Official Vacation and Closure of an Alley LOCATION: Approximately North of NE 36th Street Between North Miami Avenue and NE Miami Court APPLICANT(S): A & S Design District Development, LLC APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PUBLIC WORKS DEPARTMENT: Recommended approval with conditions*. PLAT & STREET COMMITTEE: Recommended approval with conditions* on June 2, 2005 by a vote of 5-0. ZONING BOARD: Recommended approval with conditions* to City Commission on September 12, 2005 by a vote of 6-0. See related item 05-01050a. *See supporting documentation. City of Miami Page 37 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 PURPOSE: This will allow a unified commercial development site for the proposed Electra project. CONTINUED Direction to the Administration by Commissioner Spence -Jones to schedule Item PZ 8 for the Commission Meeting currently scheduled for January 26, 2006; further directing the Administration to meet with community organizations and the developers of this project before coming back to the Commission for consideration. Note for the Record: Please refer to Item PZ.5 for minutes referencing this item. PZ.9 05-01050a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY ADRIENNE F. PARDO, ESQUIRE, ON BEHALF OF A & S DESIGN DISTRICT DEVELOPMENT, LLC, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY DENYING OR APPROVING WITH CONDITIONS, THE CLASS II SPECIAL PERMIT APPLICATION NO. 05-0166, ISSUED BY THE PLANNING DIRECTOR ON SEPTEMBER 28, 2005, TO ALLOW FOR NEW CONSTRUCTION (ELECTRA), FOR THE PROPERTY LOCATED AT APPROXIMATELY 3601 NORTH MIAMI AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." 05-01050a Legislation (Version 2).pdf 05-01050a Exhibit A.pdf 05-01050a Legislation (Version 3).pdf 05-01050a Exhibit A.pdf 05-01050a Zoning Map.pdf 05-01050a Aerial Map.pdf 05-01050a Zoning Board Appeal Letter.pdf 05-01050a ZB Reso.pdf 05-01050a ZB November 14, 2005 Transcript.pdf 05-01050a Class II Special Permit Appeal Letter.pdf 05-01050a Shubin & Bass Letters.pdf 05-01050a Class II Special Permit Final Decision.pdf 05-01050a Zoning Ordinance Section 1305.pdf 05-01050a Class II Special Permit Referral.pdf 05-01050a UDRB Reso.pdf 05-01050a Plans.pdf REQUEST: Appeal of a Zoning Board Decision of a Class 11 Special Permit Appeal LOCATION: Approximately 3601 N Miami Avenue APPLICANT(S)/APPELLANT(S): A & S Design District Development, LLC APPLICANT(S)/APPELLANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval of the appeal and denial of the Zoning Board's decision, which reversed the director's decision. City of Miami Page 38 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 ZONING BOARD: Granted the Class II Special Permit appeal by Brenda Kuhns, Wendy Stephan and Pat Kelly, on behalf of the Buena Vista East Historic Neighborhood Association on November 14, 2005 by a vote of 6-1. See related item 05-01050. PURPOSE: The approval of this appeal will allow for new construction (Electra). CONTINUED Direction to the Administration by Commissioner Spence -Jones to schedule Item PZ.9 for the Commission Meeting currently scheduled for January 26, 2006; further directing the Administration to meet with community organizations and the developers of this project before coming back to the Commission for consideration. Note for the Record: Please refer to Item PZ 5 for minutes referencing this item. NON AGENDA ITEMS NA.1 05-01479 DISCUSSION ITEM Chairman Sanchez welcomed newly elected Commissioner Michelle Spence -Jones to the board of the Miami City Commission. Chairman Sanchez: Before 1 turn it over to the Mayor for this traditional passing of the gavel, I want to take the opportunity to welcome Michelle Spencer -Jones [sic] to this Commission. I'm sure she will do her very best to focus on the needs of her district, and 1 certainly wish her the best. Also, I understand that our City Manager will be staying with us for quite some time now, so we welcome you to our City, Mr. City Manager. Joe Arriola (City Manager): Thank you. NA.2 05-01480 DISCUSSION ITEM Mayor Diaz presented a crystal plaque to Commissioner Joe Sanchez in appreciation of his innovative leadership and outstanding performance as Chairman of the Miami City Commission. Commissioner Joe Sanchez expressed honor and appreciation for having served as Chairman of the Miami City Commission; further recognizing his colleagues for having worked in unity in making the City of Miami an international, world -class city; further acknowledging the appreciated assistance of City Administration and his staff; further, passing the leadership gavel to Commissioner Angel Gonzalez. Chairman Angel Gonzalez expressed appreciation and honor for his appointment as Chairman of the Miami City Commission; further stating his desire for continued unity among the Commission; further stating he will follow the exemplary standards already established by past Commissions; further acknowledging and welcoming Commissioner Michelle Spence -Jones to the City Commission. City of Miami Page 39 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Chairman Sanchez: And at this time, 1 want to take the opportunity to pass -- to recognize the Mayor for this traditional event called "The Passing of the Gavel." Mr. Mayor, you're recognized. Mayor Manuel A. Diaz: Thank you, Commissioner, and 1, too, want to welcome Commissioner Spence -Jones to the dais. It's about time we had a woman on the dais. I think it's been a few years. Applause Mayor Diaz: We are all very proud of you, and I know that we look forward to great things from you, as your district does as well, and I'm sure 1 speak for everyone on the dais; that we're all committed to helping you and helping your district. At this time, as Commissioner Sanchez mentioned, we do -- we did establish a tradition some years ago of rotating the chairmanship, and before we do that, I want to thank Commissioner Sanchez for the outstanding job that you did. I think George Knox said it very well during the swearing in ceremony, but you really brought a tremendous sense of decorum, and spirit of congeniality and professionalism to this Commission, and as Commissioner Winton would say, "All one has to do is look back a few years and compare the way meetings used to be run and the way meetings used to be conducted in the City," and the way they've been conducted recently, and more particularly, during your year as chairman. Thank you for doing such a great job. You honored me and you honored the City of Miami with your great service and your great leadership. Thank you. Applause Commissioner Sanchez: Thank you, Mr. Mayor. Thank you, colleagues. Thank you so much. Let me just -- this transition of power, which is a tradition in our republic, is really a theme about passing of power to one another, which really is in the name of civil society. We mark this transition with a ceremony that those of you are experiencing today, and really, it shows what government is all about, but it really reminds us that we who hold this office are merely servants of the people, and we do have an opportunity, whether it's a year, or four years, or eight years, or an entire life of public service, to serve the people. Our residents expect their government to find essential agreements on issues of great moments. The wise resolution of which we better shape the future of our great city, and we have, on many occasion, most issues we have cooperated, and really, it shows today what the City's all about by working together. 1 would not have trade this experience for the world, and it's hard to believe that a year has passed, but 1 could honestly tell you it's been a great year, and I just want to go back a little bit on what we've been able to accomplish in this last year, working together in a unified force to make this city an international city, a world -class city, a shining city on a hill. We worked together with letter writing campaign, radio programs and rally, and we filled Dinner Key auditorium to save Community Development Block Grant to help our seniors not to lose the benefits that they got from the federal government, and we could have not accomplished that if it wasn't for us holding hands in unity and fighting for what we believe that was right for our city. We survived two hurricanes, Katrina and Wilma; right after that, immediately, we joined ourselves together. We set up camp at the Orange Bowl. We distributed ice and food to our residents, and really, the community saw what government is all about, serving its people in the hardest of times. After years of debate, we reached a very positive resolution to the Camilluss House solution. For 21 years, this legislative body, as long as the past, played Ping-Pong with a very sensitive issue. It was accomplished this year with those of you -- most of you that are here today who voted on it, who worked with the private sector to make it a reality. We weathered a very emotional Coconut Grove Home Depot in this Commission, but we also have seen that downtown and other areas in our community are moving forward We worked on a new -- possibly, a transit new trolley system that we voted on that would really define the future of Miami in the years to come. In Overtown we held a vote, a very contentious Crosswind that we voted here. You talk about, you City of Miami Page 40 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 know, being bombarded by people with different opinions, and at the end of the day, I think that everyone that was here voted what was right for this city, and that was the best -- that was one of the votes that I'm very proud of. In Allapattah we saw a renaissance of affordable marketing housing rate throughout the entire city. I just met this morning -- one of my last meetings as the Chair, and it's with great honor to see that 2,000 units of affordable housing in our city will be going up soon. I mean, they're under construction, most of them, but it's great to know that at least 2,000 units of affordable housing had been accomplished, and we started a tradition that I hope that the Chair and the Vice Chair continue, and let me tell you something. I, as a father, with three kids, would like to get home by 6 o'clock so I could play with my kids before they go to bed, so 1 ask you to continue that. We streamline meetings and organize an agenda so that people who participated in our democratic process can have their voice heard at Commission meeting and still get home in a civilized time to spend time with their families, their loved ones, or to truly enjoy quality of life with their family. It has been a tremendous honor for me and a pleasure, and once again, I do want to thank -- Mr. Mayor, thank you so much for believing in me. My colleagues, thank you so much for allowing me this opportunity; the City Administration, the Legal Department, the Agenda Department. Madam Clerk, you're very special. You were very helpful in my tenure as the Chair, and what else can I say? I'm just honored to have had that great opportunity, and now it is with great honor and it is a privilege to give 10 you, Mr. Chair, the gavel. Applause Commissioner Sanchez: God bless you, and 1 forgot to thank the most important people, my staff Thank you so much for your support during this last year. If it wasn't for you, we would not have gotten out of here at 5 or 6. We would probably still be here at 1, 12, 1, 2, or 3 o'clock in the morning, so thank you so much, everyone, for allowing me to play such a small part in our great victory. God bless each and every one of you. God bless this city. Thank you so much. Mr. Chairman. Applause Chairman Gonzalez: Thank you. Thank you, Joe. Thank you for the honor. Mr. Mayor, thank you for the honor of appointing me chairman for this year, and all I can say that I'm going to try to do as good of a job as you have done, and every other chairman that was chairman prior to me, so we need to continue to work together. I pledge my compromise to try to get out of here as early as possible, without taking the rights of the people to speak their piece, and 1 hope to continue to run these meetings as it has run in the last few years, which are -- have set an example of what government should be, so thank you very much, and God bless you all. Applause Chairman Gonzalez: Mr. Mayor, thank you again, and Michelle, I also want to welcome you to this Commission, and I'm sure that, together, we're going to do a lot of positive things for your district, so God bless you, too. Thank you. All right. Applause NA.3 05-01483 DISCUSSION ITEM Direction to the Administration by Vice Chairman Winton to bring to the City Commission, in January, their plan for establishing a policy in reference to tree maintenance, and to consider ways of soliciting public input before putting out a Request for Proposals. Discussion on the item resulted in the resolutions below: City of Miami Page 41 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 05-01483 Submittal.pdf Vice Chairman Winton: And there are four more items, and it's all relative to hurricane issues, and Mr. Chairman, 1 know that my staff worked this out with -- but I'm confused now whether or not it's the new chairman or the old chairman because I didn't ask that question, to -- we missed the deadline for the blue pages by some amount of time, and so we got authorization to discuss these four times, and it's about hurricane preparedness for next year, but I -- Mr. Chairman, 1 don't know if it was you or Joe that we did that through, and if you would like me to hold this off until the end of the meeting or do it now -- Chairman Gonzalez: No, just go ahead -- Vice Chairman Winton: -- it's your choice. Chairman Gonzalez.: -- and do it now. Vice Chairman Winton: OK. Chairman Gonzalez: 1 mean, just, you know -- Commissioner Regalado: Do it now. We have Eloy there. Vice Chairman Winton: Well, Eloy came just for this, by the way, so -- Commissioner Regalado: Oh, he did? Vice Chairman Winton: Yes. Commissioner Regalado: Oh, that's cool. Vice Chairman Winton: Yes. Timely. There are four issues. I'm going to read all four first, and then we can start the discussion, but the first item is tree maintenance in the City of Miami for preparation of the -- of next year's hurricane season; second is, what is FP&L's (Florida Power & Light) response for tree maintenance and preparation for next year's hurricane season; the third, I'm going to --1 would like to debate the concept of passing a City resolution to encourage the PSC (Public Service Commission) to do -- Public Service Commission to do a feasibility study on what it would really cost FP&L to put in underground wiring, at minimum, in the City of Miami, and 1 think, at maximum, certainly in all the hurricane zones within the entire state of Florida, and to do a real feasibility study, and finally, a potential discussion regarding a resolution to change the Public Service Commission from being appointed to a body that is elected by the citizens of the state of Florida. I think we all know that -- you know, we had two hurricanes this year. I forget how many we had last year. We know -- Commissioner Regalado: Four. Vice Chairman Winton: -- how much down time -- Commissioner Regalado: Four. Vice Chairman Winton: Four last year, in Miami? Commissioner Regalado: No, in Central Florida. Vice Chairman Winton: Yeah, so -- but we all know that we're in now -- at least the experts are saying, we're in a for 10- to 20-year cycle of significantly heightened hurricane activity, so the City of Miami Page 42 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 last 30 or 40 years that people who have lived in Miami that long, they've been through this relatively quiet cycle; everybody's been asleep, and no one worries about hurricanes; we didn't have our power out all the time, and today is a different day, and the maintenance of poles, trimming of trees is probably a bigger deal than anything out there, and in the appropriate trimming of trees, and I think if we -- and one of the things I learned, personally, during the hurricane season -- I have along the side of my yard -- because my house fronts Bayshore, and it's up against the Museum of Science, and there are a series of large banyans back there, and after -- what was the first hurricane before Wilma that we had? Unidentified Speaker: Katrina. Vice Chairman Winton: Katrina. After Katrina, I called the tree service in and had all of my trees trimmed completely; cleaned up, trimmed, and really ready for a next hurricane if a hurricane hit. Wilma came and I lost two small branches. The Museum of Science, which shares the banyans with me -- and it was a huge, huge section of banyan -- did nothing. They lost -- both of us lost some branches during Katrina, we cleaned -- I cleaned my part up. We trimmed the trees back. The Museum of Science did nothing, and right now their banyan tree looks like it runs horizontal instead of vertical because the whole top came out of the tree, and it's virtually destroyed and a total mess. Well, that happened all over the City, and so the Grove has had this big fight. We've created a new ordinance, citywide, to save trees, but we don't have any mechanism to force people -- the City government to trim the trees in the public right-of-way, nor any mechanism to force the public to trim trees, or FP&L to trim trees on their property or in FP&L right-of-ways, and it's one thing if a neighbor doesn't want to trim a tree in his own yard and then it blows over and knocks his house down; that's his business, as far as I'm concerned, but it's another thing if the next door neighbor doesn't want to trim his tree that's under the power line, and it takes the power down for the whole damn neighborhood just because that neighbor didn't want their tree trimmed, and so I think we've got some real issues here. There's going to be some sensitivities our there. There's going to be some people don't want anything; some people want everything, and there has to be a balance in all this because one thing we know is that the canopy is something that is great value to us; we're looking for more, but there's a way to do it and a way not to do it, and so I'm looking for -- and the reason 1 brought this to the table is two fold: One, to get us prepared for next year, but two, to figure out what the policy ought to be, and I don't pretend to know precisely what the policy ought to be, but it's two -- it's - - there's three component parts to it: private sector, government, and FP&L, and they all have to be linked together in the same policy, and it seems to me -- I don't know if we should set up a study group of some citizens, FP&L and the City, to develop a plan because we've got some time to do it -- Chairman Gonzalez: Right. Vice Chairman Winton: -- and set this group up to bring a resolution or an ordinance back to the City before the next hurricane season so that we could be prepared. That won't necessarily get the trees trimmed in time, but it will at least get a policy in place that you could work towards, and it's going to take a couple, three years to get the thing really fully implemented anyhow, so that's my point. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, Commissioner Regalado. Commissioner Regalado: The first item that the Vice Chairman has brought is probably the most important discussion that we could have before the year is over, and probably next year in this City Commission. The most disrupted thing that could happen to a community is have no electricity, and we saw what happened with the generators, and the service stations, and everybody with the ice, and the food, and the sick people, and all that, and we have several City of Miami Page 43 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 issues here, and 1 really think -- and 1-- you know, 1 really thank you in behalf of the people. I was -- actually, I was already trying to place this in the agenda for next meeting, but -- I mean, the sooner, the better, and I really thank you, Johnny, for bringing this up, but there are several issues here, and we're lucky to have someone from FPL, Eloy, which, by the way, he knows the City, and he knows me very well for the daily e-mails (electronic mail) that I sent to him asking. We have several issues here, Johnny. You have the possibility of hiring a tree -- a professional tree -trimming company, and they do the right thing in your home and all that. There is -- there are people that cannot -- Vice Chairman Winton: Afford it. Commissioner Regalado: -- pay for it. They cannot afford it. As of now, or as of the last hurricane, the policy of FPL in the past was that when you called them and said I have some trees tangled with lines, and they would bring the tree cutters and they would do it because we cannot do it; it's illegal, nor the City can do it, if it's wiring in the middle. Lately, when people call FPL, they say, "Well, you need to hire a tree trimmer, " and some people cannot afford it, so they didn't, and it blew away electric poles and lines and all that. The City also lack a proactive action because we did not trim the trees that were like huge and resistant to the wind, so I think - - the City of Coral Gables just impaneled a group, and hire an engineer to do a study about the electric poles in the City of Coral Gables. The City of North Miami has done that. I mean, we have thousands and thousands of wooden poles in the City of Miami, but I think this is worth the money that it would cost to have an independent because we cannot put the brunt on FPL because they have -- you know, they -- Wilma took 15,000 poles in their coverage area; most of them in South Florida, but 1 think that we need to know if FPL has changed the policy of advising the people to hire somebody, or them coming in to the backyard of the people, or the front yard if it's tangled in the wires, and cutting the trees, and second, we need to get a commitment from Public Works, and in the past budget, this Commission did approve budget for a new crew of tree trimmers to go around. It is impossible to wait until May 1; we need to do it in January. We need to do it professionally. We need to do it with an arborist that would say to these people, you know, this is the way -- that train these people, so -- I mean, Johnny, let me tell you. I am all for it. I think your idea of creating a committee --1 think that FPL should be in that committee. I think that we should hire an engineer that goes around with Public Work, an independent engineer that goes around with Public Work checking the poles and saying to FPL, "Look, on such and such address, we have a defective pole, " because what is happening is that also FPL is hiring outside people, and some of these people are not probably doing the best job that they can, so 1 would hope that you present something today in terms of creating this committee, and I would tell you that the people of Miami would be so grateful, but my fear is that if we, by ordinance, force the people to trim the trees, be on the City's right-of-way or in their backyard, some people cannot afford it, most people cannot afford it, so -- Vice Chairman Winton: You know where we could force it is in -- because every power line has an easement that's granted by the homeowner to FP&L. Now, I know there's property owners that block FP&L from accessing the easement, which we need to put a stop to, so the ones that you can force to be trimmed are the ones in the public right-of-way; that government will pay for, and ones in the FP&L easements that FP&L's going to pay for, and then if the fam -- other families either can't afford to or don't want to trim the trees, then the next hurricane's going to blow over on their house and, you know -- Chairman Gonzalez: Right, and that will be their problem. Commissioner Regalado: But those two alternative will remedy -- Vice Chairman Winton: A lot. Commissioner Regalado: -- 80 percent -- City of Miami Page 44 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Vice Chairman Winton: Yes. Commissioner Regalado: -- of the problems that we have. Vice Chairman Winton: So, maybe -- Chairman Gonzalez: All right. Vice Chairman Winton: -- the -- I'm sorry. Chairman Gonzalez: 1 think Commissioner wants to add to the discussion. Yes, Commissioner Jones. Commissioner Spence -Jones: First of all, 1 want to commend Commissioner Winton and Commissioner Regalado for their concern about this issue because this is one thing that definitely came up a lot, and 1 want to just make sure as we talk about -- as you stated earlier, Commissioner Regalado, many people from certain communities will not be able to afford the tree trimming in their areas, which I can say that for my district. One of the things I think that could be really valuable in all of this is to create some sort of hurricane readiness task force that can maybe perhaps work along with you early enough, not -- you know, not close to the actual hurricane season, but before. Because one of my number one issues is seniors and elders -- Vice Chairman Winton: Yeah. Commissioner Spence -Jones: -- you know. They can't -- a lot of them cannot afford to not only cut their trees, but remove the limbs that are in their yards, so we just need to figure out whatever it is, I think that that needs to be considered as a part of you know, this task force or this committee that we're going to create, and I think that needs to start early enough so that we can consider everyone in the process. Chairman Gonzalez: Commissioner Sanchez. Commissioner Sanchez: Thank you, Mr. Chairman. This is an issue that should really be discussed under the Sunshine, which we are under the Sunshine, but you know, we really need to address putting everyone together. I think the idea of creating a group that would develop a plan to address all of these issues is of paramount to this City. On the items that you have presented, Commissioner Winton -- you have four items -- on the tree maintenance in the City for the preparation of hurricane, I do believe that we did approve additional 16 individuals for Public Works that will address trimming of trees in public right-of-way. Now, I'll tell you this much, I'm all for that, but the burden and the responsibilities of not only the City, Florida Power & Light, and the property owners should fall on the shoulder that it lies on. In other words, the property owner should have the responsibility -- and whether it's through creating a legislation to make sure that they do it with some type of assistance for those that cannot afford it, maybe through Florida Power & Light working out to find a solution to it -- because I think the arguments that have been made have all been very clear, and I'm not going to elaborate on them for the sake of time, but I see the four items that are here, and I just have one question as to -- well, you didn't get to three and four; you just did one, right? Vice Chairman Winton: Yeah, I'm only on one right now. Commissioner Sanchez: All right, all right. All right, I'll get to three and four when you get to them, so that's all that 1 have to say on that. I think Florida Power & Light wants to speak on this. City of Miami Page 45 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Chairman Gonzalez: I think Eloy wants to speak on behalf of Florida Power & Light. Eloy Villasuso: Thank you, Commissioners. We hear you loud and clear. Chairman Gonzalez: We need your name and address. Mr. Villasuso: Eloy Villasuso, general affairs manager, Florida Power & Light, with offices at 9250 West Flagler Street. Commissioners, we hear you loud and clear. We could not agree with you more. The last couple of years we have suffered unprecedented events in the history of our state, and it is time to take unprecedented actions. Business as usual cannot continue with what we have seen happen in our community over the last couple of years. Immediately, after the end of the storm, we established forensic teams to go and look at the damage and evaluate it. We have also hire the consultant firm of KEMA (Keuring van Elektrotechnische Materialen), an international renown consultant with client -- 500 clients in 70 countries, and we have Dr. Richard Burn -- Brown, a specialist in electrical system that is going to lead the forensic analysis, evaluate all the aspects of our system for its tolerance to hurricanes, and make some recommendations, specifically in those issues are vegetation management, the hardening of the system, and we appreciate your comments about this being cooperative things. We all share in those responsibilities. FP&L definitely is responsible for the line clearing, and we're going to be more aggressive in that in the future, and we appreciate any help that you can give us on that. Unfortunately, sometimes one or two customers refuse to give us access to their yard, and all the customers in the neighborhood suffer from it, and we need to figure out a way to keep that from happening. Also, right tree on the right place, and there's a lot of planting going on and we can stop the problem from keep occurring in the future by selecting the right type of trees when they're put under the power lines. Underground, (UNINTELLIGIBLE) is an issue, Commissioner, that is on agenda. I don't know if you want to discuss it at this time, but we want to make sure that we evaluate and make it easier to go to undergrounding [sic], when that is a potential solution, realizing that undergrounding is not a cure-all, because when there is flooding in the coastal areas, it can really be a headache, but what we want to do is look at everything. Everything is on the table, and we're going to listen to the recommendations of the consultant and our engineers to move forward. We expect to have some recommendations by the end of January, and we'll be more than happy to discuss those with you. We have engaged the City at a size level. We have talked to the Mayor to talk to the highest levels of our company, to discuss details of that, and we're going to be moving along on that area. Vice Chairman Winton: You might put on the record, Eloy, that the Mayor is meeting with the president of FP&L -- Mr. Villasuso: Right. Vice Chairman Winton: -- within the next couple of weeks, so -- Mr. Villasuso: Right. Vice Chairman Winton: -- there are high-level discussions going on with FP&L and the City, which is very valuable to us, and so we appreciate that. Commissioner Regalado: Can 1-- ? Commissioner Sanchez: Johnny, Johnny -- Commissioner Regalado: I'm sorry. Chairman Gonzalez: All right. City of Miami Page 46 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Commissioner Sanchez: -- if I -- Chairman Gonzalez: Alicia, you want to speak on behalf of the City? Commissioner Sanchez: Well, before we pass it on to staff, 1 just want to elaborate on something. I think that this, which is now a discussion item; will probably be a resolution, and maybe, possibly, an ordinance in the future, I think that we should beef it up with some of the comments that you made, that you know, there are trees that are being planted in places that are causing more damage than good, and there are a lot of trees that are causing more damage than good based on non-native trees -- nonconforming trees, so that's something that we could toss under this resolution, and possibly an ordinance, in the near future. Mr. Villasuso: We would love to work with you in developing those ordinance for the help of our community, Commissioner. Commissioner Regalado: If I may, just before you leave, Eloy. I've noticed that every month I have to open the gate of my house for the meter reader to go in and read the meter. Sometimes I followed him so the dog would not bother him, and I notice that the meter reader goes in, looks at the meter, writes down something, and immediately leaves. If he only looked around and see in the easement -- because all the -- most of the wiring in the old neighborhoods, like Shenandoah, are in the back. If he only would look around and report back to you on 2424 and such a street, there is a ficus tree that is tangled with a wire, that would save you a lot of work, and -- but the guy, you know, 1 know he's rushing from one home to other home, but if you instruct the meter readers to just look around and report -- make a report of dangerous trees, I'm telling you that, for you, it'll be easier and for the res -- and the residents would really appreciate it. Mr. Villasuso: Thank you very much for that comment. I'll definitely pass it along. Chairman Gonzalez: Thank you. Alicia. Alicia Cuervo Schreiber: Commissioners, Alicia Cuervo Schreiber, chief of Operations for the City of Miami. To give you some assurance that we are on the same lines as FP&L and we are working FP&L, the City, after -- starting with Rita, going through Katrina and Wilma, began to meet weekly and look at our weaknesses; what things that we needed to change, culminating even in so much as last Friday, all the directors and all the chiefs in the City met for a day for a workshop, which the first four hours were just on the hurricane events. We have continued to look at focusing on vegetation crews and changes that we even made in Katrina and Wilma that made a huge difference working with FP&L; creating GIS layer so we can actually see and be able to have a good maintenance plan, as Stephanie changed in her budget plan this year. We came up with over 16 pages worth of projects and things that we needed to change that really don't have a monetary number attached to them; they're just process, as much as staffing concerns, equipment concerns, things that are paid for through FEMA (Federal Emergency Management Agency). We also not only created a new vegetation process, but we're looking at legislative changes with FEMA to get the jurisdiction of both state and county roads in our hands. We still have issues with ramps coming off of 8th Street on 1-95, Coral Way, Brickell; these roads are not City of Miami roads and has made it very difficult, because of the FEMA reimbursement policy, to clean them, and embarrassing for the City of Miami, so we're working on joint participation -- Vice Chairman Winton: For the County and the State, too. Ms. Cuervo Schreiber: -- agreements with those jurisdictional entities. The tree planting program, they met as early as a week ago with the Manager of our footprint, our green print for the City of Miami; trees that were left out. Letters went out to both FDOT (Florida Department City of Miami Page 47 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 of Transportation) and the County, almost billing them for what had gone down in their right-of-way. There is a brochure that was printed. I know that Robert Ruano helped spearhead that, with the printing section, that shows which trees are desirable, which are undesirable. We need to do a huge education campaign with our citizens and reach out to make sure that, together, these programs -- and that we address future storms that are coming, so with that, 1 wanted to give you some level that we will be coming back to the Commission with new programs, policies, and a clear definition of each individual who works for the City's role in a storm event. Vice Chairman Winton: Now, how does the tree part fit in that? I'm --1 didn't understand. Ms. Cuervo Schreiber: There is a division that is -- we have called it the vegetation team that strictly deals with the vegetation elements. A new RFP (Request for Proposals) is going out, specifically geared for the City of Miami that addresses how we will be dealing with vegetation from things learned from the storm. Vice Chairman Winton: So, when is that recommended plan going to be completed? Ms. Cuervo Schreiber: The vegetation plan is near completion. Vice Chairman Winton: So I -- it seems to me, then, that if y'all have already done this work, there's isn't any sense in putting together a whole new committee, but I think what we do need to do is make sure that that process gets properly vetted from a public standpoint, so 1 think it ought come before, at minimum, two Commission meetings for public hearing so we can get input from the public and end up with a process that the public feels comfortable with and that we have properly vetted, and since you've done all the -- a lot of the hard work upfront, I think that's going to help us immensely, and it'll help us get something in place before the hurricane season, so that's very satisfying to hear that from my standpoint. Ms. Cuervo Schreiber: The RFP should be complete in January, and on the street no later than February, so that we'll be able to award it before the -- as it relates -- Vice Chairman Winton: But -- Ms. Cuervo Schreiber: -- to new crews, but we wanted to do a public workshop with citizens to get their feedback, as they did in Broward County recently. Vice Chairman Winton: Yeah, because an RFP's too late, you know. An RFP, you've already made the decision; you're out hiring somebody to do something, and the public doesn't know what we're doing, so I -- I'm not -- you know, that's a mechanical thing that you all are doing. I want us to bring to the Commission the plan before you go out with the RFP so that the public hears what the plan is; we can get public input, as you've just said, and I think the public's input very, very important citywide, so -- Commissioner Regalado: Do it in January. Vice Chairman Winton: -- you all think about how you're going to do the public input portion of this before you go to RFP, OK, and then we don't have to put together a new committee, and I don't have to pass any sort of resolution. Commissioner Regalado: Do it in January. Ms. Cuervo Schreiber: It is our intent to -- Commissioner Regalado: In January -- City of Miami Page 48 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Ms. Cuervo Schreiber: -- meet with -- Vice Chairman Winton: Yes. Ms. Cuervo Schreiber: -- each Commissioner -- Commissioner Regalado: Do it in January, first meeting. Ms. Cuervo Schreiber: -- to discuss what they would like to do in their specific community for their public information piece. Vice Chairman Winton: Well, yes, you should do that, probably, but I'm saying, y'all put your thinking hat on and figure out how you're going to get real public input, and meet with the Commissioners and ask them what they think, and you're going to bring that back in January, is that what I'm hearing? Ms. Cuervo Schreiber: What I might recommend that we meet with each Commissioner now, this month -- Vice Chairman Winton: Uh-huh. Ms. Cuervo Schreiber: -- to determine what is going to be the public input piece, and we could convene back in January and give a report as to all the elements that we're moving forward with. Vice Chairman Winton: Yeah, and that would be the first public hearing from here, and then that would give you an opportunity to make some additional refinements and/or additional public comments, and you could bring your RFP proposal to the table at the first meeting in February or the second meeting in February; does that work? Ms. Cuervo Schreiber: That's what we were thinking, great. Vice Chairman Winton: OK, fine. Ms. Cuervo Schreiber: Thank you, Commissioners. Vice Chairman Winton: So, that -- Chairman Gonzalez.: All right. Vice Chairman Winton: -- takes care of number one then, 1 think. Chairman Gonzalez: Thank you. Vice Chairman Winton: And Eloy, you've already responded to the tree maintenance issue, as far as I'm concerned. Do you have anything you want to add relative to -- ? Mr. Villasuso: No, sir. We would just like to say that we're looking forward to working with Alicia on the right tree in the right place, because now that we're doing the planting, it is important that we use all the trees that are available to make the community beautiful and establish a canopy in the right place. You can plant trees on the power line that are beautiful and don't grow high enough to create any problems, and at the same time, the palm trees, and some of the other trees can be put in other areas, so we're looking forward working Ms. Cuervo. Vice Chairman Winton: I'd like to make a comment about that to staff because that's a very, very City of Miami Page -19 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 interesting comment, and I have some personal experience in that regard, where we're required to plant, by plans, trees in the public right-of-way. The only public right-of-way that's available, because there's a wall there that is where the City wanted the wall around the house, and the only place to plant a tree now is right under -- right directly under the power line, and we're being required to do it by the City, so you got these conflicts that we, some way or another, have to figure out. Chairman Gonzalez: On those same trees -- Mr. Villasuso: I will work with you. Chairman Gonzalez: -- are the ones that are going -- Ms. Cuervo Schreiber: We'll work together. Chairman Gonzalez: -- to be knocking down the wires. Vice Chairman Winton: Absolutely. I mean, we'll plant a smaller tree, and in three -- Chairman Gonzalez: Right. Vice Chairman Winton: -- years, it'll be in the power line, and then it's going to be a mess. Mr. Villasuso: Right. When you see them at first, it look harmless, and it's hard to think 20 years ahead or 10 years ahead and see what's going to happen, so -- Vice Chairman Winton: Or three. Mr. Villasuso: -- we appreciate it and look forward to working -- Vice Chairman Winton: Thank you. Mr. Villasuso: -- with (UNINTELLIGIBLE). Chairman Gonzalez: All right. Vice Chairman Winton: The next item is a PSC feasibility study. 1 think that -- I read in the paper today -- what did FP&L say that it had cost them on storms this year, $900 million, or was it 500 -- Mr. Villasuso: Last year -- Vice Chairman Winton: -- million this year and -- Mr. Villasuso: -- it was $900 million. This year, it's going to be close to that. We don't have the final numbers for Wilma. I mean, for -- yes, Wilma. The name -- Vice Chairman Winton: Right. Mr. Villasuso: -- Katrina was about 200, and this second one will be probably be in excess of -- Vice Chairman Winton: So, here's my point. If we maintain this level of hurricane activity for the next ten years and they spend half a billion to a billion dollars a year for 10, or 15, or even 20 years, can you imagine the bonding capacity for that kind of cash that goes out the door? So -- when we've all heard FP&L talk about -- and we've agreed. I mean, we haven't disagreed with City of Miami Page 50 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 them -- the enormous cost of undergounding an existing city is pretty mind -boggling, because it isn't just as simple as running the -- you know, running a trench down somebody's backyard, or the front yard, or whatever, and burying the power poles because you've got cable, and you've got telephone, and then it's got to get hooked up to the house, and so you've got to go through people's yard, and 1 mean, it's a pain in the rearend and it's expensive, and it has its own shortfalls, we think, but -- and so, the complaint is that's a huge cost, but when you look at half a billion dollars a year that we're going to be faced with with the current system, it seems to me that if you could get real costs from somebody for once, and do a really good, clean feasibility analysis, including any other alternatives that you might have, the -- if FP&L's going to have to incur this kind of cost, which we pay for every single year, you could create a very substantial bond to do some pretty big things over a 20-year period statewide, and so I think that we ought to pass a resolution from the City of Miami Commission encouraging --1 guess we can't demand anything from the PSC because they do whatever they want to do, but I -- we could certainly encourage the Public Service Commission to force FP&L or the State, whomever, to -- Commissioner Sanchez: Feasibility study. Vice Chairman Winton: -- find the funds to do an in-depth feasibility cost analysis to underground FP&L and other utilities tied to these power poles statewide. Commissioner Sanchez: Is that your motion? Vice Chairman Winton: That's my motion. Commissioner Sanchez: Second. Commissioner Regalado: But if I may, Mr. Chairman -- Vice Chairman. Chairman Gonzalez: Discussion. Commissioner Regalado: The staff of the PSC has already presented to the board in the last meeting, 1 think it was, to do a study precisely on the underground cables, but also on the upgrade of the substations because a major problem that you had were the 420 substations that were blown away, and you're right. Remember, Key Biscayne, new area; Miami Beach, new area; Aventura, new area; underground electricity came back -- Vice Chairman Winton: Weston. Commissioner Regalado: -- as soon -- Weston -- as the substations were operational, so there were no problems with the poles and all that. The issue is going to the Public Service Commission in January for them to hear the study that the staff is doing. They're talking, it would cost your $15 billion, more or less, to underground. Mr. Villasuso: But for the system is -- the number is between 50 and 75 -- Commissioner Regalado: Right. Mr. Villasuso: -- but the financial equation has changed, like you mention. We have not, over the last 50 years, spent a billion dollars in hurricanes. Now, over the last two years, we're close to do that, so definitely, we are looking at it from the standpoint of making underground an easier and making it more appropriate, and perhaps, you know, being part of the cost of -- Commissioner Regalado: But, you know, this study is going to take like long, and the debate is going to be longer. As you remember, we pass a resolution here two Commissions ago, after -- immediately after Wilma, supporting Representative Julio Robaina bill that he's going to bring to City of Miami Page 51 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 the Legislature to force FPL to underground the lines. However, maybe they're going to wait until the PSC comes up with definite figures. 1 think it's a great idea, and 1 would fully support a resolution asking the PSC to expedite that report, and you know, the only thing that we need to do as a municipality is that we need to be prepared to, first, tell the people that we're going to pay for it, and second, be prepared for construction mayhem because, you know, you're going to have a huge, disorganized situation around the area. I think that the first item that the Vice Chairman brought should be the first priority, you know, because next year, now the guru of the hurricanes, doctor from -- Mr. Villasuso: (UNINTELLIGIBLE). Commissioner Regalado: (UNINTELLIGIBLE) is saying 16 named storms and 7 hurricanes, so -- and 90 percent probability of the Continental US (United States) being hit by a major hurricane, so I think, you know, we should work on your number one because it's like the one that is going to solve most of the problems in that, and wait for January, when the PSC has this report. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye. The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Vice Chairman Winton: And the last item is -- Commissioner Sanchez: Second. Vice Chairman Winton: -- the PSC, so the motion is to -- I don't know who we send this to. The Commissioner Regalado: State Legislature. Vice Chairman Winton: -- Florida Legislature. Commissioner Regalado: State Legislature. Vice Chairman Winton: OK, so -- Commissioner Regalado: They're going to deal with that. Vice Chairman Winton: -- a resolution from the City of Miami to the Florida Legislature encouraging them to change the process of -- Commissioner Sanchez: And the PSC. Vice Chairman Winton: -- yes -- change the process of -- from appointing members to the Public Service Commission to electing members of the Public Service Commission. That's my motion. Commissioner Sanchez: Second. Commissioner Regalado: If 1 may, Mr. -- Commissioner Sanchez: Discussion. City of Miami Page 52 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Commissioner Regalado: -- Vice Chair. Chairman Gonzalez: All right. We have a motion and we have a second. Discussion. Commissioner Regalado: Yeah, if I may. One amendment -- the Legislature will deal with this -- if you also will instruct the City lobbying team -- Vice Chairman Winton: Yeah, perfect. Commissioner Regalado: -- to -- Vice Chairman Winton: 1 accept the amendment. Commissioner Regalado: OK. Chairman Gonzalez: All right. Commissioner Regalado: Remember, the last elected Public Service Commissioner was Paula Hawkins, but then she became United States Senator because she fought for the people, and by the way, the state representative that changed from elected to appointed in 1979 went on to become a board member of Flower Power & Light, so -- Chairman Gonzalez.: All right, so we have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All opposed have the same right. Motion carries. Vice Chairman Winton: And that's all I have, Mr. Chairman. Chairman Gonzalez: That's all you have. All right. Vice Chairman Winton: (UNINTELLIGIBLE). 05-01483a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION (Subject matter: Encouraging the Public Service Commission to persuade Florida Power & Light or the State of Florida to find funds to do a statewide indepth feasibility cost analysis to underground FP&L and other utilities tied to power poles. ...Body Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0754 05-01483b RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION (Subject matter: Encouraging the Florida Legislature, the Public Service Commission, and City of Miami Page 53 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 the City's lobbying team to change the process from appointing to electing members to serve on the Public Service Commission. Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0755 NA.4 05-01481 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING MICHELLE SPENCE-JONES AS VICE CHAIRPERSON OF THE COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR A TERM AS DESIGNATED HEREIN. Motion by Commissioner Sanchez, seconded by Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-05-0752 Chairman Gonzalez: Commissioner Sanchez. Commissioner Sanchez: Thank you, Mr. Chairman. Thank you, Mr. Chairman. Hope everyone had a wonderful lunch. Welcome back. Before we go to the CRA (Community Redevelopment Agency), I would like to make a nomination for Commissioner Spencer -Jones [sic] to be the vice chairman of the CRA, and that has to be done at the City Commission meeting, and then we'll adjourn, and then we'll go into the CRA, so at this time, a motion is to nominate Commissioner Spencer -Jones [sic] as the vice chair of the CRA. Chairman Gonzalez: I'll second the motion. Vice Chairman Winton: Oh, no. Commissioner Sanchez: No -- yes. He -- Vice Chairman Winton: Does he second or do 1 second? Chairman Gonzalez: I can second it. Commissioner Sanchez: Yeah. He passed the gavel to you because you're the vice chair, so you could have made the second. This is a Commission meeting. Vice Chairman Winton: Oh, OK, good, so -- Chairman Gonzalez: Yeah, Commission meeting. Commissioner Sanchez: All right. Vice Chairman Winton: (INAUDIBLE) -- and I'll second -- City of Miami Page 54 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Chairman Gonzalez: So, I'll second the motion. Vice Chairman Winton: You second the motion, and I'm acting as the chair -- Chairman Gonzalez: Right. Vice Chairman Winton: -- of the Commission. Commissioner Sanchez: The item is under discussion. Vice Chairman Winton: We have a motion and a second on approving or submitting Michelle Spence -Jones name as the vice chairman of the CRA. We have a motion and a second. Do we have any further discussion on that item? If not, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. Welcome -- Commissioner Spence -Jones: Thank you. Vice Chairman Winton: -- and we look forward to it. Chairman Gonzalez: OK. Now, we're going to recess the City Commission again so we can go to the CRA meeting. Commissioner Winton, you're the Chair. NA.5 05-01476 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY, IN AN AMOUNT NOT TO EXCEED $75,000, FOR REPLANTING, REFORESTING AND/OR REPLACING OF TREES THAT WERE DAMAGED AND/OR DESTROYED IN THE CITY OF MIAMI DUE TO HURRICANES FRANCES AND JEANNE ("PROJECT"); AUTHORIZING THE ALLOCATION OF REQUIRED MATCHING FUNDS FOR TWENTY-FIVE PERCENT (25%) OF THE PROJECT, IN AN AMOUNT NOT TO EXCEED $18,750, FROM THE PUBLIC WORKS GENERAL ACCOUNT NO. 001000.311003.6.340; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, FOR THE SUBMISSION OF SAID GRANT APPLICATION, SUBJECT TO THE TERMS AND CONDITIONS OF SAID GRANT APPLICATION. 05-01476- summary fact sheet.pdf Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0743 Chairman Gonzalez.: Do we have any pocket items? Commissioner Sanchez: Pocket items. Joe Arriola (City Manager): Yes, sir. 1 have a pocket item here. City of Miami Page 55 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Chairman Gonzalez: OK. Mr. Arriola: Should 1 read it out? It's a resolution of the City -- of the Miami City Commission authorizing the City Manager to submit an application for grant funding to the state of Florida Department of Agriculture and Consumer Service, Division of Forestry, in an amount not to exceed $75, 000, for replacing, reforesting, and/or replacing of trees that were damaged and/or destroyed in the City of Miami, due to Hurricane Francis and Gene; authorizing the allocation of required matching funds for 25 percent of the project, in an amount not to exceed $18, 750, from the Public Works general account number 001000311003.6340. Commissioner Sanchez: So move. Vice Chairman Winton: Second. Chairman Gonzalez: OK. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All opposed have the same right. Motion carries. NA.6 05-01473 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE REQUEST OF MIAMI STAR CASINO LLC, D/B/A/ HORIZON'S EDGE CASINO CRUISES ("HORIZON") TO ASSUME CONCORDE CRUISES, INC.'S ("CONCORDE") AGREEMENTS, FOR THE OPERATION OF A GAMING VESSEL AT BAYFRONT PARK, ON THE TERMS SUMMARIZED IN THE TERM SHEET, ATTACHED AND INCORPORATED;RESCINDING RESOLUTION NO. 05-667, ADOPTED, NOVEMBER 17, 2005, DIRECTING THE CITY ATTORNEY TO TAKE APPROPRIATE CIVIL ACTIONS AGAINST CONCORDE TO PRESERVE THE INTERESTS OF THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST") UNDER THE AGREEMENTS; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR OF THE TRUST AND THE CITY MANAGER, TO EXECUTE THE ASSIGNMENT AND ASSUMPTION DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM(S), AND SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO IMPLEMENT THIS RESOLUTION, SUBJECT TO THE CITY ATTORNEY'S APPROVAL. 05-01473 Exhibit-1.pdf Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0744 Commissioner Sanchez: Mr. Chairman, 1 have a pocket item. Chairman Gonzalez: Go ahead Commissioner Sanchez: 1 would like the executive director from Bayfront Park to come up and elaborate on it. This is a -- it's a resolution, and all it does -- it's approving the request of Miami Star Casino, LLC, d/b/a (doing business as) Horizons Edge Casino Cruises, Horizon, to assume City of Miami Page 56 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Concorde Cruises, Inc. agreement for the operation of a gaming vessel at Bayfront Park. Executive Director, could you elaborate on it? Timothy Schmand: Essentially, what you're doing today is allowing the Miami Star Casino to assume the Concorde agreement, pursuant to the attached term sheet. You're rescinding reso. (resolution) number 05-667, which directed the City Attorney to take legal action against Concorde Cruises, and you're authorizing the Trust executive director and the City Manager to execute assignment and assumption documents, as necessary. Commissioner Sanchez: It is very simple. In other words, we had a company there. They basically -- Vice Chairman Winton: Right. Commissioner Sanchez: -- under whatever term, they defaulted. Now, we have another company, a management agreement taking over that company's agreement. This, what it does, it protects us because, for whatever reasons, we take them to court. We do believe that we have good standings in court. However, if they file Chapter XI, you're not going to get maybe ten cents to a dollar. Here, we protect the best interest of the park, the City, and we do have another tenant at Bayfront Park. Vice Chairman Winton: Move it. Chairman Gonzalez: All right. Commissioner Sanchez: So move. Vice Chairman Winton: Second. Chairman Gonzalez: I have a motion and a second. A11 in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All opposed have the same right. Motion carries. Mr. Schmand: Thank you. NA.7 05-01482 DISCUSSION ITEM A motion was made by Commissioner Spence -Jones, seconded by Vice Chairman Winton, and was passed unanimously, to direct the Administration to analyze "IMPACT," a program which provides construction training to youth involved in gang activities, focusing on the zone schools in District 5, and come back with a recommendation on how to find the resources to achieve this goal. Chairman Gonzalez.: Commissioner Spence -Jones, you have any pocket items? Commissioner Spence -Jones: Yeah, I have actually two. I don't know if there's anybody from Community Development here at all. No? Joe Arriola (City Manager): I'll find out, but I -- Commissioner Spence -Jones: OK. No. I could just -- City of Miami Page 57 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Mr. Arriola: -- they weren't scheduled to be here. Commissioner Spence -Jones: I just -- as you know, me just getting in this seat, I've been having several meetings with several different groups for the Model City Trust, and I just want to at least put it on the record that I am going to, as of the new year, look at retooling the Trust and doing some wonderful things to make sure we're building homes there in Model City. One of the things that I'd like to bring -- and I've already had the conversation with the director of Community Development, Barbara -- was to support -- or I'd like to direct the Community Development Department director to analyze a program called IMPACT (Intensified Mobilization of Police Against Criminal Tactics), and I'd like to bring that -- have her bring back to me a recommendation to support that program, and basically, what the program does is provide training to kids that were involved in gang activity, and we're going to focus on the zone schools that are in my area, to provide them with training in the area of construction, so they'll be working on houses in the area and houses surrounding the houses that we've built, so I'd like for Community Development to come back with a recommendation as to how 1 can find the resources to make that happen, so that's my first pocket -- Mr. Arriola: We'll -- Vice Chairman Winton: Mr. Chairman. Mr. Arriola: -- look at that -- Chairman Gonzalez: Yes. Mr. Arriola: -- and I got to tel you, we got involved in that program, and she knows, and what a program. We're getting kids that were in gangs and kids that were at the edge of going to jail painting our houses, putting plaster in homes. 1 mean, you have no idea how good this is -- Vice Chairman Winton: That's great. Mr. Arriola: -- really working. Vice Chairman Winton: Mr. Chairman. Chairman Gonzalez: Yes, sir. Vice Chairman Winton: Just a technical detail for Commissioner Spence -Jones -- Commissioner Spence -Jones: Sure. Vice Chairman Winton: -- so that we don't get in any trouble. We -- all of our directives have to be to the Manager -- Commissioner Spence -Jones: OK. Vice Chairman Winton: -- and he has to direct staff because -- Commissioner Spence -Jones: OK. Vice Chairman Winton: -- the Charter doesn't allow us to direct staff. We can only direct the Manager -- Commissioner Spence -Jones: No problem. City of Miami Page 58 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Vice Chairman Winton: -- so I just want to make -- Commissioner Spence -Jones: I like directing the Manager. Vice Chairman Winton: Yes, so I second the motion on directing the Manager. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Commissioner Spence -Jones: Thank you. NA.8 05-01486 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PAYMENT OF SIX MONTHS OF SALARY TO MARVA L. WILEY AS SEVERANCE PAY UPON HER SEPARATION FROM THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST. 05-01486 Submittal.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0757 Chairman Gonzalez: You have another one? Commissioner Spence -Jones: Thank you, Mr. Chairman. The second one is -- pertains to the Model City Trust. Specifically, I'm going to ask for us to approve the severance package for Marva Wiley. As we know, Ms. Wiley has resigned -- will resign as of -- has already resigned as of December 31. This still has to go in front of the Model City Trust on the 19th, so of course, this will not go into effect until that actually happens. I was just very concerned about the holidays, and we don't meet again until after she resigns, so I really want to make sure that we take care of her, so what I'd like to do is just make sure that it's understood that affordable housing will be one of the number one priorities for me in the district, and I know that the Trust plays an intricate role in that, so I'm asking that my fellow Commissioners support me to move this item to make sure she gets her severance package. Commissioner Sanchez: Second. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All opposed have the same right. The motion carries. Commissioner Spence -Jones: Thanks. Chairman Gonzalez: Commissioner Regalado, you have any pocket items? City of Miami Page 59 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Commissioner Regalado: No, Mr. Chairman. NA.9 05-01478 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION FIXING AND ESTABLISHING THE SALARY AND COMPENSATION FOR MAYOR MANUEL A. DIAZ. Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-05-0745 Chairman Gonzalez: Mr. Vice Chair. Vice Chairman Winton: Do we -- are we going to do the Mayor's issue today? Commissioner Regalado: Yeah, we did. Vice Chairman Winton: Huh? Commissioner Regalado: Yeah, we did Vice Chairman Winton: We did? Commissioner Regalado: Yeah. Joe Arriola (City Manager): No. Vice Chairman Winton: When did we do it? Mr. Arriola: No, no, no. Chairman Gonzalez: No. Mr. Arriola: No. Vice Chairman Winton: No, no, no, no. This is a different issue -- Commissioner Regalado: Oh. There was -- we did the agenda -- Vice Chairman Winton: This -- Commissioner Regalado: -- I think. Vice Chairman Winton: Yeah, we did the agenda. This is a resolution of the City of Miami Commission fixing and establishing the salary and compensation for the Mayor of Miami, Manny Diaz. Has this been handed out? Mr. Arriola: Yes. Chairman Gonzalez: I have my copy. City of Miami Page 60 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Vice Chairman Winton: Does everybody have a copy? Commissioner Regalado: No, I don't. Mr. Arriola: Oh, I'm sorry. Vice Chairman Winton: And I will read the -- all the whereases. Whereas the method of establishing the Mayor's compensation was amended by the electors in 1997, in the referendum on the change in form of government, and whereas the City Charter of the City of Miami provides that the compensation for the Mayor shall be determined by the City Commission, and whereas, in November 1997, the annual salary for then Mayor Xavier Suarez was affixed by the City Commission to be $97, 000, and whereas, subsequent to 1997, the City has had two mayors, each of whom was provided compensation without action by the City Commission as the -- at the same rate as that determined in 1997, and whereas Mayor Manuel A. Diaz was initially elected to the office of Mayor in 2001, and whereas Mayor Manuel A. Diaz was reelected by significant majority of voters from all groups of electors in the City of Miami 2005, and whereas Mayor Manuel A. Diaz has unselfishly served the citizens of Miami as mayor during the past five years without any adjustment in compensation whatsoever from that which was determined in 1997, and whereas, based upon the City's contracts with general employees, including all costs of living and anniversary adjustments, a starting salary in 1997 would have increased -- well, the English is bad -- but would have increased to be $150,828 today, and whereas, based upon the Consumer Price Index for all urban consumers, a salary established at $97, 000 in 1997 requires adjustment to 119,500 today to have the same purchasing power, and whereas, the mayors in other cities throughout the country that are comparable to Miami are provided with salaries that are in the range of 150,000 or far in excess of that amount, as exemplified by Miami -Dade County, $222,410; St. Petersburg, Florida, there's a current proposal to increase the mayor's salary to $162,234. This salary is based upon the average salary of the mayors of Orlando, Tampa, and Jacksonville; and Detroit, Michigan, 176,176; San Francisco, California, 166,556; whereas, the necessary attention and dedication to the official duties of the Mayor of Miami has significantly increased from year to year, encompassing a major portion of Mayor Manuel A. Diaz's daily activities, and whereas, in recognition of the duties and demands placed upon Mayor Manuel A. Diaz serving the citizens in a modern city, which is a financial center and is economically and culturally developing and expanding, and is recognized internationally, the City Commission has determined that the salary of the Mayor should be modestly adjusted to a compensation rate of $150, 000 per year. I so move. Chairman Gonzalez: All right. We have a motion -- Commissioner Sanchez: Second. Commissioner Spence -Jones: Sec -- Chairman Gonzalez: -- and we have a second. 1t is a resolution. Discussion. Yes, Commissioner. Commissioner Regalado: Thank you very much, Mr. Chairman. 1 see a comparison here. The Miami -Dade County Mayor, $222, 000. Is this salary or salary and benefits? Mr. Arriola: No, this is -- Chairman Gonzalez: Salary. Mr. Arriola: I'm sorry. Only salary. Chairman Gonzalez: Only salary. City of Miami Page 61 Printed on 1/6/2006 City Commission Meeting Minutes December 15, 2005 Mr. Arriola: As a matter offact, he also get $10, 000 a month worth of a lot of other goodies. This is strictly salary. Commissioner Regalado: The Mayor of Dade County? Mr. Arriola: Yes, sir. Commissioner Regalado: So, the 150 salary, plus compensation -- plus other benefits? Mr. Arriola: Well, what all you -- every one of you get and everybody employed gets. Commissioner Regalado: OK. Chairman Gonzalez: All right. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries unanimously. All right. Any other items? OK. Meeting adjourns. Wishing everybody Merry Christmas -- Commissioner Sanchez: Happy holidays. Chairman Gonzalez: -- happy holiday, happy Hanukkah -- Commissioner Sanchez: Happy Kwanzaa. Chairman Gonzalez: -- right. Commissioner Sanchez: Happy Hanukkah. Worship whatever god you worship, you know. Whatever you eat, whatever you do -- Chairman Gonzalez: May your god be with you. Commissioner Sanchez: -- have merry -- be happy and -- City of Miami Page 62 Printed on 1/6/2006