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Home My WebLink AboutCC 2006-04-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us * IMCORP GROTED lEmSIE Co l 11, • Meeting Minutes Thursday, April 27, 2006 9:00 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 April 27, 2006 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS EM - EMERGENCY ORDINANCES SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS DI - DISCUSSION ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...1 " refers to discussions that were interrupted and later continued. PART B PZ - PLANNING AND ZONING ITEMS City ofMiami Page 2 Printed on 5 22,2006 City Commission Meeting Minutes April 27, 2006 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present- Chairman Gonzalez, Vice Chairman Winton, Commissioner Sanchez, Commissioner Regalado and Commissioner Spence -Jones On the 27th day of April2006, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chairman Angel Gonzalez at 9:22 a.m., recessed at 12:13 p.m., reconvened at 2: 47 p.m., and adjourned at 7: 26 p.m. Note for the Record: City Manager Joe Arriola and Vice Chairman Johnny L. Winton entered the Commission Chambers at 9:27 a.m. Note for the Record: Vice Chairman Winton entered the Commission chambers at 2: 49 p.m. Note for the Record: Commissioner Spence -Jones entered the Commission chambers at 2:55 p. m. PRESENTATIONS AND PROCLAMATIONS PR.1 06-00667 CEREMONIAL ITEM Name of Honoree The City of Miami Commission on the Status of Women The American Heart Association The Health Foundation of South Florida Presenter Commissioner Spence -Jones Mayor Diaz, Commissioners & Fire Chief Mayor Diaz, Commissioners & Fire Chief Protocol Item Certificate of Appreciation Appreciation Award Appreciation Award 06-00667 Cover Page.pdf 06-00667 Protocol List.pdf 1. A Certificate of Appreciation was presented by Commissioner Spence -Jones to the City of Miami Commission on the Status of Women, acknowledging their dedication, hard work, and leadership performed on behalf of women; further pledging her support in assisting the Commission on the Status of Women in their pursuit to impact the lives of women. 2. Mayor Diaz presented a tribute to Dr. Ricardo Bofill Pages; said presentation was conducted in Spanish. 3. A Key to the City of Miami was presented by Commissioner Joe Sanchez to His Excellency Juan Fernando Lopez Aguilar, Secretary of Justice, Spain, as a token of appreciation for their friendship and enhancing better relationships with Spain and Madrid, Miami's Sister City, which serves as an example throughout the world; further recognizing Julio Hernandez, a member of the Mayor's International Council, and the Consul General from Spain, Consul Santiago Cabanas. 4. Mayor Diaz recognized Ahorro Corporacion International, who presented a ceremonial check in the amount of $3,500 to the City of Miami for the Bryan Park Miami Dream Team for their trip to Asturias, Spain, to compete in an international tennis tournament. 5. The Miami City Commission, Fire Chief William Bryson, and Mayor Manuel Diaz recognized Robert Ruano and Ali Paula (Department of Grants Administration) for being instrumental in the receipt of a grant from the South Florida Health Foundation (SFHF), as well as the assistance of Department of Fire Rescue staff further, presenting a plaque to SFHF, Janisse City of Miami Page 3 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 MAYORAL VETOES Rosario, for awarding to the Department of Fire Rescue a grant in the amount of $200, 000 towards the purchase of additional Automated External Defibrillators to save lives; further presenting a plaque to the American Heart Association, Yanet Dopico, for its dedication and support provided to the Department of Fire Rescue; further acknowledging with Certificates of Appreciation to Yanet Dopico, Tori Gabriel (Florida Health Research Foundation), and Karen Weller and Karen Candiotti (Miami -Dade Health Department). Chairman Gonzalez: All right. We have some presentations by the Mayor. Is the Mayor here? Frank, will you please call the Mayor's office and tell him that we're waiting for him? Commissioner Regalado, this Bryan Park Miami Dream Team, is that your presentation or --? Commissioner Regalado: No. It's actually two different items. There is someone who's bringing them a donation, and there is an item in my blue page regarding the same issue but different. It's not a proclamation. It's just legislation. Commissioner Sanchez: Commissioner Spence Jones has one. Commissioner Spence -Jones: You want me to do mine? Chairman Gonzalez: You have -- yes. Go ahead. Sure, of course. Presentations made. NO MAYORAL VETOES Chairman Gonzalez: As of this date, this office has not received any mayoral vetoes for legislations item -- I'm sorry, legislative items acted upon at the previous Commission meeting, as part of the record. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Vice Chairman Winton, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: We also need to approve some minutes corresponding to the Planning and Zoning meeting of March 23, 2006. Priscilla A. Thompson (City Clerk): Yes. Vice Chairman Winton: So move. Commissioner Regalado: Second. Commissioner Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. We also need to approve the minutes of the regular meeting of September 11, 2003. Vice Chairman Winton: So move. City of Miami Page 4 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 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: Motion carries. Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones Note for the Record: Please refer to item approving the Planning & Zoning minutes of March 23, 2006 for minutes referencing the approval of September 11, 2003 minutes. ORDER OF THE DAY Chairman Gonzalez: (INAUDIBLE) 27 meeting of the City of Miami Commission in this historic chambers. The members of the City Commission are Joe Sanchez, Tomas Regalado, Michelle Spence -Jones, Johnny Winton, Vice Chairman, and myself your Chairman. Also on the dais are Joe -- supposed to be Joe Arriola, who's not here; he's missing, but he has a replacement; Jorge Fernandez, the City Attorney, and Priscilla A. Thompson, the City Clerk. The meeting will be opened with a prayer by Commissioner Sanchez and the pledge of allegiance by Commissioner Regalado. Prayer and pledge delivered. City of Miami Page 5 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 CA.1 06-00583 Department of Capital Improvement Programs/Transpo Cation CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO ONE CROW, INC., PURSUANT TO RESOLUTION NO. r 04-0351, ADOPTED MAY 27, 2004, FURTHER AMENDED BY RESOLUTION NO. 05-0260, ADOPTED APRIL 28, 2005, FOR THE PROJECT ENTITLED "OVERTOWN STORM SEWER PUMP STATION UPGRADES, B-5650D," FOR ADDITIONAL WORK, IN AN AMOUNT NOT TO EXCEED $186,031.87, INCREASING THE CONTRACT FROM $346,000 TO $532,031.87; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $186,031.87, FOR SAID INCREASE, FROM CAPITAL IMPROVEMENT PROJECT NO. B-5650D; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; AMENDING RESOLUTION NO. 05-0260, TO REFLECT SAID INCREASE. 06-00583 Legislation.pdf 06-00583 Exhibit.pdf 06-00583 Summary Form.pdf 06-00583 Pre Legislation.pdf 06-00583 Contract.pdf 06-00583 Pre Legislation 2.pdf 06-00583 Amendment To Contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones CA.2 06-00584 Department of Fire -Rescue R-06-0236 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN EMERGENCY RELIEF PROGRAM AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ("FDOT"), TO UNDERTAKE AND COMPLETE CERTAIN EMERGENCY RELIEF EFFORTS FROM THE DAMAGE INFLICTED BY HURRICANES KATRINA AND WILMA DURING THE HURRICANE SEASON OF 2005, ASSOCIATED WITH FEDERAL AID HIGHWAYS OR ROADS ON FEDERAL LANDS WITHIN ITS JURISDICTION AS DEFINED BY SAID PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO SUBMIT RELATED CLAIMS TO FDOT AS DESCRIBED IN THE DETAIL DAMAGE INSPECTION REPORTS, AS DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND TO ACCEPT PAYMENTS FOR SAME. 06-00584 Legislation.pdf 06-00584 Exhibit 1.pdf 06-00584 Exhibit 2.pdf 06-00584 Exhibit 3.pdf 06-00584 Summary Form.pdf 06-00584 Email.pdf City ofMiami Page 6 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0237 CA.3 06-00585 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, AMENDING Information RESOLUTION NO. 04-0449, ADOPTED JULY 8, 2004, TO INCLUDE Technology LANGUAGE ADDING FEDERAL GSA IT SCHEDULE 70 CONTRACTS, SUBJECT TO EXTENSIONS OR REPLACEMENT CONTRACTS THERETO BY GSA FOR THE ACQUISITION OF NEW AND REPLACEMENT SERVER HARDWARE, PERSONAL COMPUTERS, LAPTOPS, COMMUNICATIONS AND NETWORKING EQUIPMENT, PRINTERS, COMPUTER SOFTWARE, PERIPHERALS, AND ASSOCIATED CONSULTANCY, INSTALLATION AND MAINTENANCE SERVICES, LEASING OF PRODUCTS, DAILY/SHORT TERM RENTAL, CLASSROOM TRAINING, ELECTRONIC COMMERCE SERVICES, AND AUTHENTICATION PRODUCTS AND SERVICES FOR CITYWIDE USE, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, FROM VARIOUS VENDORS. 06-00585 Legislation.pdf 06-00585 Summary Form.pdf 06-00585 Web Page.pdf 06-00585 Text File Report.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0238 CA.4 06-00587 RESOLUTION BayfrontPark A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management Trust ATTACHMENT(S), RATIFYING AND ADOPTING THE PROPOSED OPERATING BUDGET OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY, IN THE AMOUNT OF $619,040, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005. 06-00587 Legislation.pdf 06-00587 Exhibit.pdf 06-00587 Cover Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0239 CA.5 06-00588 RESOLUTION BavfrontPark A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management Trust ATTACHMENT(S), RATIFYING AND ADOPTING THE PROPOSED OPERATING BUDGET OF THE MIAMI SPORTS AND EXHIBITION City ofMiami Page 7 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 AUTHORITY, IN THE AMOUNT OF $240,800, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006. 06-00588 Legislation.pdf 06-00588 Exhibit.pdf 06-00588 Cover Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0240 CA.6 06-00589 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE Purchasing CONTRACT FOR RED CLAY AND SILICA SAND FROM SOIL TECH DISTRIBUTORS, INC., PURSUANT TO SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE BID NO. 562-9333, EFFECTIVE THROUGH JANUARY 24, 2007, WITH THE OPTION TO EXTEND FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS, SUBJECT TO ANY FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGETS AND GRANTS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES; AUTHORIZING SAID PURCHASES, ON AN AS -NEEDED BASIS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 06-00589 Legislation.pdf 06-00589 Summary Form.pdf 06-00589 Award.pdf 06-00589 Proposal Signature Page.pdf 06-00589 Additional Information.pdf 06-00589 Proposal Signature Page2.pdf 06-00589 Item List.pdf 06-00589 Additional Information 2.pdf 06-00589 Bid Tabulation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0241 CA.7 06-00590 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BIDS Purchasing OF CSV-USA INC., YAVOY, INC., D/B/A GUAYABERA, ETC., AND WALPATS INDUSTRIES, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, RECEIVED DECEMBER 14, 2005, PURSUANT TO INVITATION FOR BIDS NO. 04-05-102, FOR THE PURCHASE OF T-SHIRTS, GOLF SHIRTS, GUAYABERAS AND CUBAVERAS WITH EMBROIDERY AND/OR SILK SCREENING CITYWIDE, TO BE UTILIZED BY VARIOUS USER DEPARTMENTS, ON AN AS -NEEDED, CONTRACT BASIS, FOR AN INITIAL TWO (2) YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2) City ofMiami Page 8 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $75,000, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $300,000; ALLOCATING FUNDS FROM THE VARIOUS DEPARTMENTS' GENERAL OPERATING BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED. 06-00590 Legislation.pdf 06-00590 Summary Form.pdf 06-00590 Bid Security List.pdf 06-00590 Award Recommendation.pdf 06-00590 Award Sheets.pdf 06-00590 Tabulation Sheets.pdf 06-00590 Golf Shirt Evaluation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Aves: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones CA.8 06-00591 Department of General Services Administration R-06-0242 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE PROCUREMENT OF ONE (1) ALTEC L42A AERIAL DEVICE (BUCKET TRUCK), INCLUDING CHASSIS (OPTION 1.1 INTERNATIONAL 2006 4300 SBA 4X2), FROM ALTEC INDUSTRIES, INC., UTILIZING AN EXISTING SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, BID NO. 26-078X, SUBJECT TO ANY FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, PROPERTY MAINTENANCE DIVISION, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $107,152; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $68,995, FROM CAPITAL IMPROVEMENTS PROJECT ("CIP") ACCOUNT NO. 311702.429401.6.840 AND AN AMOUNT NOT TO EXCEED $38,157, FROM CIP ACCOUNT NO. 311850.429401.6.840, B-74209. 06-00591 Legislation.pdf 06-00591 Summary Form.pdf 06-00591 Letter.pdf 06-00591 Letter 2.pdf 06-00591 Sun Sentinel.pdf 06-00591 Recommendation Tabulation.pdf 06-00591 Bid Tabulation Sheets.pdf 06-00591 Description.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Aves: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones CA.9 06-00592 City Manager's Office R-06-0243 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY City ofMiami Page 9 Printed on 5,22,2006 City Commission Meeting Minutes April 27, 2006 MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 04-05-125R ("RFQ"), THAT THE FIRMS MOST QUALIFIED TO PROVIDE FEDERAL LOBBYING SERVICES ARE THE FOLLOWING TWELVE (12) FIRMS: COLLINS & COMPANY; ALCALDE & FAY; AKIN GUMP STRAUSS HAUER FELD; BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ; PATTON BOGGS LLP; AKERMAN SENTERFITT; DUTKO POOLE MCKINLEY; VAN SCOYOC ASSOCIATES; TEW CARDENAS LLP; RUSS-REID CO.; FEDERAL LEGISLATIVE ASSOCIATES; AND BLANK ROME LLP; AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), ON AN AS -NEEDED BASIS, BASED ON THE SPECIFIC LOBBYING NEED, AS DEEMED QUALIFIED UNDER THE CATEGORIES OF EXPERTISE AS SPECIFIED IN "ATTACHMENT A-1," ATTACHED AND INCORPORATED, FOR A BASE TERM OF A ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR UP TO FIVE (5) ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL CUMULATIVE AMOUNT NOT TO EXCEED $500,000 FOR THE TOTAL OF ALL AGREEMENTS IN ANY FISCAL YEAR WITH SAID FIRM(S); ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.920216.6.270, FOR FISCAL YEAR 2005-2006, WITH FUTURE FISCAL YEARS FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER IN ACCORDANCE WITH THE RFQ TO ADD QUALIFIED FIRMS OR INDIVIDUALS TO THE CONTRACT WHEN DEEMED IN THE CITY OF MIAMI'S BEST INTEREST WITHOUT FURTHER CITY COMMISSION AUTHORIZATION. 06-00592 Legislation.pdf 06-00592 Exhibit.pdf 06-00592 Exhibit 2.pdf 06-00592 Exhibit 3.pdf 06-00592 Exhibit 4.pdf 06-00592 Exhibit 5.pdf 06-00592 Exhibit 6.pdf 06-00592 Exhibit 7.pdf 06-00592 Exhibit 8.pdf 06-00592 Exhibit 9.pdf 06-00592 Exhibit 10.pdf 06-00592 Exhibit 11.pdf 06-00592 Exhibit 12.pdf 06-00592 Exhibit 13.pdf 06-00592 Exhibit 14.pdf 06-00592 Exhibit 15.pdf 06-00592 Exhibit 16.pdf 06-00592 Exhibit 17.pdf 06-00592 Exhibit 18.pdf 06-00592 Exhibit 19.pdf 06-00592 Exhibit 20.pdf 06-00592 Summary Form.pdf 06-00592 Memo.pdf 06-00592 Summary Tabulation RFQ.pdf 06-00592 Qualification Committee RFQ.pdf This Matter was ADOPTED on the Consent Agenda. City ofMiami Page 10 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0244 CA.10 06-00593 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE Purchasing CONTRACT FOR OFFICE FURNITURE & FILES FROM VARIOUS VENDORS, AWARDED UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 425-001-06-1, EFFECTIVE UNTIL MARCH 1, 2010, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, FOR VARIOUS CITY OF MIAMI DEPARTMENTS AND AGENCIES; ALLOCATING AVAILABLE OR UNENCUMBERED FUNDS FROM THE GENERAL OPERATING BUDGETS AND GRANTS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES; AUTHORIZING SAID PURCHASES, ON AN AS -NEEDED BASIS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 06-00593 Legislation.pdf 06-00593 Summary Form.pdf 06-00593 Certification Of Contract.pdf 06-00593 Contractors Awarded.pdf 06-00593 Contract Ad ministration.pdf 06-00593 Invitation to Bid.pdf 06-00593 Abbreviated Contents.pdf 06-00593 Expanded Contents.pdf 06-00593 Special Instructions.pdf 06-00593 Event Calendar.pdf 06-00593 Training Materials.pdf 06-00593 General Instructions.pdf 06-00593 Technical Specifications.pdf 06-00593 Special Conditions.pdf 06-00593 General Contracts.pdf 06-00593 Webpage.pdf 06-00593 Webpage 2.pdf 06-00593 Webpage 3.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0245 CA.11 06-00599 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("LESSEE") AND A.V.S. INTERNATIONAL GROUP, INC., A FLORIDA CORPORATION, FOR THE USE OF APPROXIMATELY 2,000 SQUARE FEET OF WAREHOUSE SPACE LOCATED AT 3320 NORTHWEST 33RD STREET, MIAMI, FLORIDA, TO BE USED BY THE DEPARTMENT OF POLICE, PROVIDING FOR: 1) A City ofMiami Page 11 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 ONE-YEAR TERM AND FIVE (5) ADDITIONAL ONE-YEAR OPTIONS; 2) LESSEE'S PAYMENT OF RENT FOR THE FIRST THREE YEARS (2006, 2007, 2008), AT A RATE OF $2,200, PER MONTH (APPROXIMATELY $13.20 PER SQUARE FOOT OR $26,400 ANNUALLY), WITH THE RENT FOR YEARS 2009, 2010, AND 2011, TO BE ADJUSTED SUBJECT TO MUTUAL AGREEMENT OF THE PARTIES; AND 3) LESSEE'S PAYMENT OF ALL UTILITY AND TAX CHARGES, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.290201.6.610. 06-00599 Legislation.pdf 06-00599 Exhibit.pdf 06-00599 Exhibit 2.pdf 06-00599 Exhibit 3.pdf 06-00599 Summary Form.pdf DENIED A motion was made by Vice Chairman Winton, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Sanchez absent, to deny Item CA.11. Chairman Gonzalez: All right. I believe that we have CA.11 from -- Vice Chairman Winton: Yeah, -- Chairman Gonzalez: -- this morning that was -- Vice Chairman Winton: -- and -- Chairman Gonzalez: -- deferred by you, Commissioner Winton. Vice Chairman Winton: -- yes, it was deferred by me. I met with the Police Department, and I'm moving to -- Chairman Gonzalez: Approve? Vice Chairman Winton: No. Chairman Gonzalez: No? Vice Chairman Winton: -- deny CA (consent agenda) -- or reject or whatever we do, to CA.11. It's a CA item. Commissioner Regalado: OK. Chairman Gonzalez: All right. Commissioner Regalado: Second. Chairman Gonzalez: So 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. Vice Chairman Winton: Excuse me. Mr. Echemendia, could you all move outside the City of Miami Page 12 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 chambers? We still have a meeting going on. Chairman Gonzalez: Yeah, we -- Vice Chairman Winton: Outside the chambers, please. Commissioner Regalado: Please. CA.12 06-00581 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY ("FORESTRY"), IN AN AMOUNT NOT TO EXCEED $25,000, TOWARDS THE OVERALL COST OF TREE EQUIPMENT, IN CONJUNCTION WITH FORESTATION/REFORESTATION, INVENTORY AND MAINTENANCE ACTIVITIES RELATED TO THE TREE INVENTORY WITHIN THE CITY OF MIAMI ("CITY"); AUTHORIZING THE ALLOCATION OF REQUIRED MATCHING FUNDS, FOR FIFTY PERCENT (50%) OF THE PROJECT, IN AN AMOUNT NOT TO EXCEED $25,000, FROM THE PUBLIC WORKS GENERAL ACCOUNT NO. 001000.311003.6.840; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SUBMISSION OF SAID GRANT APPLICATION, SUBJECT TO CERTAIN TERMS AND CONDITIONS AS STATED IN SAID GRANT APPLICATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH FORESTRY, FOR SAID PURPOSE. 06-00581 Legislation.pdf 06-00581 Exhibit 1.pdf 06-00581 Exhibit 2.pdf 06-00581 Exhibit 3.pdf 06-00581 Exhibit 4.pdf 06-00581 Exhibit 5.pdf 06-00581 Exhibit 6.pdf 06-00581 Exhibit 7.pdf 06-00581 Exhibit 8.pdf 06-00581 Exhibit 9.pdf 06-00581 Exhibit 10.pdf 06-00581 Exhibit 11.pdf 06-00581 Exhibit 12.pdf 06-00581 Exhibit 13.pdf 06-00581 Exhibit 14.pdf 06-00581 Exhibit 15.pdf 06-00581 Exhibit 16.pdf 06-00581 Exhibit 17.pdf 06-00581 Exhibit 18.pdf 06-00581 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones City ofMiami Page 13 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 R-06-0246 CA.13 06-00660 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney EXPENDITURE OF ATTORNEY'S FEES AND COSTS, IN THE AMOUNT OF $100,000, TO PAY LEGAL FEES AND COSTS INCURRED TO SET ASIDE THE SETTLEMENT, AND AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES IN AN AMOUNT NOT TO EXCEED $300,000, FOR THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF COLE, SCOTT AND KISSANE, P.A., AS OUTSIDE COUNSEL, IN CONNECTION WITH THE CASES OF EVA NAGYMIHALY, ET AL., VS. CITY OF MIAMI, ET AL., CASE NO. 98-11208 CA 01, ADORNO & YOSS, LLP. VS. CITY OF MIAMI, CASE NO. 05-7900 CA 24, AND CARL L. MASZTAL, ET AL. VS. CITY OF MIAMI, ET AL., CASE NO. 05-2117 CA 22, PLUS ANY ADDITIONAL COSTS OF LITIGATION INCLUDING BUT NOT LIMITED TO RETENTION OF EXPERTS AND CONSULTANTS, AS APPROVED BY THE CITY ATTORNEY. 00-00660 Legislation.pdf 06-00660 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0247 Adopted the Consent Agenda Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones Consent Minutes Chairman Gonzalez: Now we're going to go into consent agenda. Are there any items that any of the Commission wants to pull, defer. Vice Chairman Winton: Mr. Chairman. Chairman Gonzalez: Yes, sir. Vice Chairman Winton: I would like to have an explanation -- Chairman Gonzalez: OK. Vice Chairman Winton: -- trying to get the wrong word out there -- on CA.3. I would like to pull CA.11. Chairman Gonzalez: OK, so let's pull CA.3 for your -- Vice Chairman Winton: For discussion. Chairman Gonzalez: For discussion, and CA.11. City ofMiami Page 14 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Vice Chairman Winton: Pull. Chairman Gonzalez: Pull? Vice Chairman Winton: Pull. Chairman Gonzalez: OK. Vice Chairman Winton: Well, I guess, temporarily, we could move that to the afternoon, but I'm going to have to have some discussion with -- Chairman Gonzalez: CA.11 ? Vice Chairman Winton: Yeah. Chairman Gonzalez: All right. Any other items? Commissioner Spence -Jones: Yes, Mr. Chairman. I just want to -- I have a question on CA.9, just to ver fy. Commissioner Sanchez: Pull -- Chairman Gonzalez: CA.9 -- Commissioner Sanchez: -- it for discussion. Chairman Gonzalez: -- you want a -- Commissioner Spence -Jones: Pull it for discussion. Chairman Gonzalez: Discussion, OK. Any other items to be --? Yes, Commissioner Regalado. Commissioner Regalado: Mr. Chairman, some clarification on CA.13. If you want to, we can just -- Chairman Gonzalez: Pull it for discussion. Commissioner Regalado: -- pull it for discussion and come back. Chairman Gonzalez: All right. Commissioner Winton, you're recognized on CA.3. Vice Chairman Winton: I just need an explanation. I don't -- I'm not sure I understood all of that. Priscilla A. Thompson (City Clerk): I'm sorry. Your mike -- Chairman Gonzalez: I'm sorry. Go ahead, go ahead. Technical problem. Peter Korinis (Chief Information Officer): Good morning, Commissioner. Vice Chairman Winton: Good morning. Mr. Korinis: Peter Korinis, Chief Information Officer. This is another one of a series of items we brought to you that expands our ability to procure off a federal register, so it's just a matter of giving us additional options and, hopefully, a lower price to buy hardware, software, et City of Miami Page 15 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 cetera, so the money's in the budget. This just gives us one more option for procurement. Vice Chairman Winton: Got it. Move -- Mr. Korinis: Thank you. Vice Chairman Winton: -- CA.3. Chairman Gonzalez: OK, let's hold, and then -- Vice Chairman Winton: OK, fine. Chairman Gonzalez: -- we'll move the entire agenda. Commissioner Spence Jones, CA.9. Commissioner Spence -Jones: Yes, CA.9. I just needed to get further clarification. I think most of it's already been addressed by staff regarding it. I do know that we -- this is a pressing issue. We have a lot of major things happening on a federal level that we need to push. I just wanted to confirm with you regarding just -- the process being opened for additional people as we go along. Glenn Marcos: That is correct, Commissioner Spence -Jones. Glenn Marcos, Purchasing director. The actual process did allow for a request for qualifications of firms, and we do have a provision within the actual solicitation that in any given -- further point in time, we are allowed to end up adding additional scope of services and additional firms on an as -needed, when -needed basis. Commissioner Spence -Jones: OK. I just wanted to confirm that. Thank you. Mr. Marcos: Thank you. Chairman Gonzalez: All right. Commissioner Regalado, CA.13. Commissioner Regalado: Thank you, Mr. Chairman. When we, several weeks ago, approve money for the legal fees and costs about the settlement of the fire fee, we requested at every time that we have a resolution requesting additional money, we need to have a report on the fire fee status, and I just wanted to find out where we are on the fire fee case on the two different legal cases, or is it three? Two, right? Julie O. Bru (Assistant City Attorney): Commissioner, we are preparing a written report to -- that will be distributed tomorrow. We were waiting because just recently, the court had a ruling wherein they entered final judgment, disposing of some of the claims that had been made for discuss -- disgorgement of the funds, the settlement funds, so we will be describing all that in detail to you in a memorandum that will be circulated tomorrow, but at this time, the case involving the settlement and the dispute over the settlement is pretty much concluded, but for the fact that the individuals who had entered into that settlement are going to be appealing that final judgment. We're going to proceed now with the underlying case, which is the actual -- is the microphone on? I see Commiss -- Chairman Gonzalez: Yes, it is. Vice Chairman Winton: You need to pull it closer, though. Commissioner Sanchez: Closer. Ms. Bru: OK. City of Miami Page 16 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Spence -Jones: Yeah. Vice Chairman Winton: That's the problem. Ms. Bru: All right, and we're proceeding to litigate the underlying case. This resolution seeks authorization for the payment of some fees for services that have already been rendered in connection with the settlement and voiding the settlement, and then asks for authorization to continue the engagement of the firm of Scott, Cole, and Kissane for the defense of the refund portion of the case and the new claims that are being asserted, and it has an amount certain. We will be reporting to you on a quarterly basis as to every amount of money that is spent on this outside counsel. Commissioner Regalado: What is the estimate that the City Attorney's Office have in terms of these two litigations, the appeal process, and the underlying case of the new claims? We have been already approved how much now? Ms. Bru: We have spent already approximately $371, 000 in attorney's fees. Commissioner Regalado: OK, and the estimate for the next two cases. Ms. Bru: OK. It is difficult to estimate that because it all depends on how far the litigation proceeds. As you know, the directive of this Commission has been to try to settle the matter quickly. If that is successful -- and I know that our special counsel is proceeding with that and trying to attempt to settle and/or settle informally or mediate the case before we proceed to litigate anymore, but if all the matters have to be litigated to their full extent, including appeals, we can approximate $700,000 total in attorney's fees. Commissioner Regalado: So $700, 000, so what we are doing here is approving $100, 000 already spent, and -- Ms. Bru: Correct. Commissioner Regalado: -- giving the authority for $200, 000 more. Ms. Bru: For 300,000 more. Commissioner Regalado: For $300,000 more. Ms. Bru: Plus, whatever costs there are in consultants or any other kind of expert witness fee that we may have to use. Commissioner Regalado: When is the next hearing on the underlying case, which is the residents represented as a class? Ms. Bru: Yes. At this time, we have indication from the court that they're scheduling trials for some time at the end of the summer, probably August. We're looking at a trial date of August. Settlement negotiations are going to be taking place within the next couple of weeks. The new plaintiffs have filed -- they've petitioned the court to amend the complaint to add new claims, so that may delay things, but if that -- if the court allows them to amend the complaint and that proceeds, of course, that is not going to -- we're not going to be able to get this case tried at the end of the summer, so -- Commissioner Regalado: But is it easier to settle rather -- the underlying case, rather to litigate to the maximum? City of Miami Page 17 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Ms. Bru: We can't speculate about that, Commissioner. The directive of this Commission has been to try to settle the matter. That is what our attorneys are doing. They're going to sit down with the class rep -- the new class representative and the attorney representing the new class and try to negotiate something that is reasonable for everybody. If that is not successful, then we're preparing our defense of this matter and try to do what is in the best interest of the City -- Commissioner Regalado: And the residents. Ms. Bru: -- and the residents. Commissioner Regalado: Thank you, Mr. Chairman. I have my answers. Chairman Gonzalez: All right. We need a motion to approve the consent agenda. Commissioner Sanchez: So move. Vice Chairman Winton: So moved. Commissioner Spence -Jones: Second. Chairman Gonzalez: OK. 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. City of Miami Page 18 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 CHAIRMAN ANGEL GONZALEZ DISTRICT 2 VICE CHAIRMAN JOHNNY L. WINTON D2.1 06-00668 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATIONS OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE PURSUANT TO SECTIONS 2-1251 AND 54-341 AND 54-343 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING AND DIRECTING THE DEPARTMENT OF OFF-STREET PARKING ("DOSP"), TO DISBURSE FUNDS IN THE TOTAL AMOUNT OF $38,000, FROM THE COCONUT GROVE SPECIAL EVENTS AND MARKETING TRUST FUND, ACCOUNT NO. 1000000860261, IN GRANTS FUNDS, TO THE 2006 TASTE OF THE GROVE ($3,000 MATCHING GRANT AND $8,000 SPECIAL EVENTS GRANT FOR $11,000 TOTAL), 2006 COCONUT GROVE ARTS FESTIVAL ($20,000 SPECIAL EVENTS GRANT), AND THE 2006 COCONUT GROVE BLOCK PARTY ($7,000 SPECIAL EVENTS GRANT); AUTHORIZING AND DIRECTING DOSP TO EXECUTE ANY NECESSARY DOCUMENTS FOR SAID PURPOSES. City ofMiami Page 19 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 06-00668 Legislation.pdf 06-00668 Special Events Application.pdf 06-00668 Insurance Information .pdf 06-00668 Pre- Attachedments.pdf 06-00668 Pre- Attachedments 2.pdf 06-00668 Email.pdf 06-00668 Vendor Information.pdf 06-00668 Notice.pdf 06-00668 Special Events Application 2.pdf 06-00668 Cover Page.pdf 06-00668 Pre- Attachedments 3.pdf 06-00668 Pre- Attachedments 4.pdf 06-00668 Diagram.pdf 06-00668 Diagram 2.pdf 06-00668 Pre- Attachedments 5.pdf 06-00668 Pre- Attachedments 6.pdf 06-00668 Pre- Attachedments 7.pdf 06-00668 Project Expense Budget.pdf 06-00668 In Kind Contributions.pdf 06-00668 Letter.pdf 06-00668 Notification Of Event.pdf 06-00668 Certified Mail Reciepts.pdf 06-00668 Affidavit.pdf 06-00668 Cover Page 2.pdf 06-00668 Web-page.pdf 06-00668 Cover Page 3.pdf 06-00668 Cover Letter 2.pdf 06-00668 Diagram 3.pdf 06-00668 Fact Sheet.pdf 06-00668 Press Release.pdf 06-00668 Web -page 2.pdf 06-00668 Web -page 3.pdf 06-00668 Special Events Application 3.pdf 06-00668 Attendance Sheet.pdf 06-00668 Liability Insurance.pdf 06-00668 Cover Letter 3.pdf 06-00668 Certified Mail Reciepts 2.pdf 06-00668 Restaurants.pdf 06-00668 Vendor Information.pdf 06-00668 Exhibit Contract.pdf 06-00668 Important Things to Know.pdf 06-00668 Artist Application.pdf 06-00668 E-mail 2.pdf 06-00668 DBPR.pdf 06-00668 Affidavit 2.pdf 06-00668 Affidavit 3.pdf 06-00668 Budget Proposal.pdf 06-00668 Budget Request.pdf 06-00668 Cover Page 4.pdf 06-00668 E-mail 2.pdf 06-00668 Payment Record.pdf 06-00668 Invoice.pdf 06-00668 Payment Record 2.pdf City ofMiami Page 20 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 06-00668 Invoice 2.pdf 06-00668 Payment Record 3.pdf 06-00668 Media Schedule.pdf 06-00668 Payment Record 4.pdf 06-00668 Invoice 3.pdf Motion by Vice Chairman Winton, 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-06-0248 Chairman Gonzalez: All right. Let's move to the first item, blue pages. The Mayor doesn't have anything. I don't have anything on my blue pages. Commissioner Winton -- Chairman -- Vice Chairman Winton, please. Vice Chairman Winton: My first three items are all, again, Coconut Grove Business Improvement District, and hopefully, next year, we'll have been able to modem the ordinance on this deal so that like the rest of these kind of quasi -independent entities out there, we get a budget that comes to us and we don't have to go through all this business at each meeting, but the first one is authorizing and directing the Department of Off -Street Parking to disburse funds in the amount of $38, 000, from the Coconut Grove Special Events and Marketing fund, in grants funds, to the 2006 Taste of the Grove. That's 3,000 matching grant and 8,000 special events grant for 11,000 total, then 2006 Coconut Grove Arts Festival, $20, 000, and 2006 Coconut Grove Block Party, $7, 000; authorizing and directing DOSP (Department of Off -Street Parking) to execute any necessary documents. So moved. Commissioner Regalado: 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: Those opposed have the same right. Motion carries. D2.2 06-00669 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE ("BIC"), PURSUANT TO SECTIONS 2-1251, 2-1253 AND 35-221(a)(6) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, REGARDING THE SELECTION OF AN INTERIM EXECUTIVE DIRECTOR; RESCINDING RESOLUTION NO. 06-0162, ADOPTED MARCH 9, 2006; AUTHORIZING AND DIRECTING THE DEPARTMENT OF OFF-STREET PARKING ("DOSP"), TO HIRE AN INTERIM EXECUTIVE DIRECTOR FOR BIC AS AN INDEPENDENT CONTRACTOR FOR A PERIOD FROM MARCH 9, 2006 TO OCTOBER 1, 2006, FOR COMPENSATION AND APPROVED EXPENSES, IN A TOTAL ANNUAL AMOUNT NOT TO EXCEED $49,000; AUTHORIZING DOSP TO EXECUTE THE BIC INTERIM EXECUTIVE DIRECTOR AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; AUTHORIZING DOSP TO ALLOCATE AND DISBURSE A TOTAL ANNUAL AMOUNT NOT TO EXCEED $49,000, FROM THE COCONUT GROVE BUSINESS DISTRICT IMPROVEMENT TRUST FUND, ACCOUNT NO. 172770906, FOR SAID City ofMiami Page 21 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 PURPOSES. 06-00669 Legislation.pdf 06-00669 Exhibit.pdf 06-00669 Exhibit 2.pdf 06-00669 Exhibit 3.pdf 06-00669 Exhibit 4.pdf 06-00669 Master Report.pdf 06-00669 Pre- Legislation.pdf 06-00669 Pre- Attatchment .pdf 06-00669 Pre- Attatchment 2 .pdf 06-00669 Pre- Attatchment 3 .pdf Motion by Vice Chairman Winton, 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-06-0249 Chairman Gonzalez: D2.2. Vice Chairman Winton: Second, also recommendation of the Coconut Grove Business Improvement Committee regarding the selection of an interim executive director, and that is rescinding resolution number 06-0162, adopted March 9, 2006; authorizing and directing the Department of Off -Street Parking to hire an interim executive director for BIC (Business Improvement Committee) as an independent contractor for a period from March 9, 2006 to October 1, 2006, for compensation and approved expenses, in a total annual amount not to exceed $49, 000; authorizing DOSP (Department of Off -Street Parking) to execute the BIC interim executive director agreement, in substantially the attached form, and authorizing DOSP to allocate and disburse a total annual amount not to exceed $49, 000 from the Coconut Grove Business District Improvement trust fund. So moved. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. D2.3 06-00670 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE ("BIC") PURSUANT TO SECTION 2-1251(1)(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO AUTHORIZE THE DEPARTMENT OF OFF-STREET PARKING ("DOSP"), ON BEHALF OF THE BIC TO EXECUTE A LEASE AGREEMENT ("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE DOSP AND COMMODORE CAPITAL, LLC ("LESSOR"), FOR THE BIC'S USE OF APPROXIMATELY 800 SQUARE FEET OF OFFICE SPACE WITHIN THE PROPERTY LOCATED AT STORE # 4, 3112 COMMODORE PLAZA, MIAMI, FLORIDA, WITH SAID LEASE PROVIDING FOR: (A) A MONTH -TO -MONTH TERM TO COMMENCE ON MAY 1, 2006, WITH AN INITIAL LAST MONTH OUTSIDE TERMINATION City ofMiami Page 22 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 DATE OF SEPTEMBER 30, 2006; (B) AN INITIAL MONTHLY RENT OF $1,200; (C) BIC TO PAY FOR ITS OWN ELECTRICAL CONSUMPTION AND TELEPHONE; (D) BIC TO PAY FOR ROUTINE MAINTENANCE AND CLEANING AS MORE SPECIFICALLY SET FORTH IN THE LEASE, AND (E) AN OPTION TO RENEW ON A MONTH -TO -MONTH BASIS UNTIL MAY 31, 2007, FOR THE SAME RENT, SUBJECT TO THE NEGOTIATION OF OTHER TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE LEASE; AUTHORIZING DOSP TO APPROVE AND EXECUTE NON -SUBSTANTIVE AMENDMENTS TO THE LEASE AS NEEDED; TO ALLOCATE, TRANSFER AND DISBURSE AN AMOUNT NOT TO EXCEED $10,000, FROM THE COCONUT GROVE BUSINESS DISTRICT IMPROVEMENT TRUST FUND, ACCOUNT NO. 172770906, FOR FISCAL YEAR 2005-2006 FOR RENT, ELECTRICITY, TELEPHONE SERVICE, AND ROUTINE MAINTENANCE; AUTHORIZING DOSP TO MAKE SUCH ALLOCATION, TRANSFER, AND DISBURSEMENT FOR SAID PURPOSES, WITH FUTURE FISCAL YEAR FUNDING SUBJECT TO BUDGETARY APPROVAL. 06-00670 Legislation.pdf 06-00670 Exhibit.pdf Motion by Vice Chairman Winton, 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-06-0250 Chairman Gonzalez: D2.3. Vice Chairman Winton: Again, from the Coconut Grove Business Improvement district to authorize the Department of Off -Street Parking, on behalf of the BIC (Business Improvement Committee) to execute a lease agreement, in substantially attached form, between DOSP (Department of Off -Street Parking) and Commodore Capital, LLC, for the BIC's use of approximately 800 square feet of office space within the property located at store #4, 1312 [sic] Commodore Plaza, Miami, Florida, with said lease providing for: (a) a month -to -month term to commence on May 1, 206 [sic], with an initial last month outside termination date of September 30, 206 [sic]; an initial monthly rent of $1,200; BIC to pay for its own electrical consumption and telephone; BIC to pay for routine maintenance and cleaning as more specifically set forth in the lease, and an option to renew on a month -to -month basis until May 31, 207 [sic] for the same rent, subject to the negotiation of other terms and conditions as more particularly set forth in the lease; authorizing DOSP to approve and execute non -substantive amendments to the lease as needed; to allocate, transfer, and disburse an amount not to exceed $10, 000 from the Coconut Grove Business Improvement trust fund for fiscal year 205-206 [sic] for rent, electricity, telephone service, routine maintenance; authorize DOSP to make such allocation, transfer, and disbursement for said purposes. So move. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City ofMiami Page 23 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 DISTRICT 3 COMMISSIONER JOE SANCHEZ D3.1 06-00611 DISCUSSION ITEM EILEEN MARCIAL BROTON AND JANICE POSTLEWAITE, OF MIAMI VETERANS ADMINISTRATION OFFICE, TO ADDRESS THE COMMISSION, REGARDING SERVICES NEEDED BY LOCAL VETERANS RETURNING FROM IRAQ. 06-00611 Email.pdf 06-00611 Submittal.pdf 06-00611 Submittal 2.pdf MOTION A motion was made by Commissioner Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, to create a program to assist veterans upon their return from assignments overseas, and for the Administration to work with the Mayor in drafting the appropriate legislation regarding said program to be addressed on the May 11, 2006 Commission agenda. Chairman Gonzalez: Commissioner Sanchez, you're recognized. Commissioner Sanchez: Thank you, Mr. Chairman. Mr. Chairman, I have one blue page item on the agenda, and I had one for discussion, which apparently, was not put on either, so let me start with the first one. I have invited two individuals from the Veterans Administration Office to appear in front of this legislative body. It's Eileen Broton and Janice Postlewaite of the Veterans Administration Office to address -- regarding services needed by local veterans returning from Iraq. What I am respectfully going to request, since they have not been able to make it -- and I think my office contacted your office and tried to schedule it time certain for 11 -- if I could table this item till they get here, and then I would respectfully request that it be taken out of order at this time. "[Later..'" Vice Chairman Winton: Commissioner Sanchez. Commissioner Sanchez: Thank you, Mr. Vice Chair. The visitors that we were waiting for -- the guests that we had coming today representing the Department of Veterans Administration office are here. We have Eileen Broton and Janice Postlewaite that are here today. Before they go ahead with the presentation that they're going to be giving us -- it's going to be a five-minute presentation -- let me just focus on one thing that I -- I know that it's -- it is certainly my priority and I know it's the City's priority, and that's affordable housing. Affordable housing continues to be a crisis not only in our city, but throughout the United States. Everyday, as time passes, the gap of affordable housing becomes larger and larger, taking away the opportunity and the ability for the hardworking family to be able to buy a home in our city. These individuals that have gone overseas to defend democracy and protect our city after four years are starting to come back. They're coming back to a city that's twice as expensive as they left, and they're starting to come back now -- and I think we have a perfect opportunity to work to create a program -- with all the affordable housing that we're working now, whether you call it affordable housing, work force housing, we could work together to create a program that we can only not help the hardworking people that want to accomplish that American dream, but those that have gone over overseas and put their lives on the line and are coming back, those are the people that we cannot turn our backs on them when they come back, so we need to take a stand City of Miami Page 24 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 to protect those veterans that are coming back. We have a presentation here. Later on, when they're done, I'd like to finish my -- are we ready? Are we still working on it? Unidentified Speaker: No, we're ready. We are ready. Commissioner Sanchez: OK, we're ready, so why don't we go ahead and start the presentation, ma'am. Eileen Broton: Good morning, Commissioners. My name is Eileen Marcial Broton. I reside at 951 Northwest loth Court, Miami. I have the honor of serving on the Bond Oversight Board for District 5, and I'm here today representing the Department of Veterans Affairs, your Miami VA (Veterans Administration) Medical Center. As you know, we have a lot of people who are coming back from what we call OEF/OIF. This is Operation Enduring Freedom/Operation Iraqi Freedom Fighters. This is now a community issue. With that in mind, I thought that you would be delighted to meet the full-time coordinator at the Miami VA Medical Center for these returning combat veterans. This is Janice Postlewaite. Janice is a licensed clinical social worker, ten years United States Air Force, and I'd like her to give you a little brief history of the situation. Janice. Janice Postlewaite: Thank you, Eileen, and thank you so much for having me here today. My name is Janice Postlewaite. I reside at 4312 Northwest 44 Terrace, in Coconut Creek, Florida. Thank you for the opportunity for allowing me to speak to you today. I am here not only to represent the Miami VA Healthcare System, but to represent the brave men and women who are willingly sacrificing their life for not only our freedom, but for the freedom of others. During Operation Enduring Freedom and Operation Iraqi Freedom, over 57 percent of the troops are deployed from the National Guard and reserve units. We have never had a war where the troops are deployed from a civilian status and returned back into the community. The impact of this reintegration puts an enormous responsibility onto the community, but it also affords us the opportunity to serve those who have served us so well, and in South Florida, we have 4,500 men and women who have deployed to the war. These are our friends, our coworkers, our neighbors, our loved ones, and over 1,000 will soon be returning by the end of May. The Miami VA health care system and South Com (Southern Command) play a vital role in helping them, with caring for them for many services, and providing support, but the community support the instrumental in fostering an environment for their continued growth and success. Many of these men and women do not return to the same life they left. Many of them come back and they don't have jobs. They either had businesses that they lost due to deploying to the war or they -- their employers lost the businesses, and many of them cannot afford to live here in our neighborhoods, like Joe Sanchez -- Commissioner Sanchez told us earlier today. Due to the advances in the medical field, they're surviving battlefield injuries that, long ago, would have been fatal. Not only have they deploying once, but many from our area have deployed two times and three times, which increases their risks of more medical severe issues, complications, mental health problems, including post -traumatic stress disorder. We have the largest catchmen area in Florida -- in South Florida, and we need the support of our local community. We need support from the churches, the synagogues, the school systems, emergency medical services, and community agencies to assist us with reintegrating them back into the community, and we also need help for the families and the children of the deployed members. We need to support them during pre -deployment, deployment, and post -deployment. With all that said, we are all in this together and they're counting on us. These are our neighbors, and let's not hesitate to honor and support those who have the honor of protecting that which is worth protecting all of us in our community. Thank you so much for your time. Ms. Broton: Commissioners, what we're asking for is -- we are realizing that this is a community problem. We have a lot of resources. Some of the information I'm giving out shows that we have many resources. Department of Defense, South Com, as well as the VA are very formal City of Miami Page 25 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 mechanisms. The reality is these people are being dumped back into the community rather than being on a base, a military base, so these are our friends, these are our neighbors, and Janice has a picture of you know, one kid from Miami. We're creating an awareness campaign. We're trying to get awareness. You know the neighborhoods. You know your associations. You have a lot of wonderful things are already going on in the City. We want to partner with you. I want you to know the VA is considered the premiere health care system in the United States right now. Your Miami VA has just been given an award. We are number one in the entire VA system. We are a Baldridge Award -Winning organization. We are very proud of that. We come to you asking you for one specific point of contact, one champion, one liaison from the City who can work with us so that we're not looking for, oh, this is Housing; you've got to call the -- you've got to -- you know, that's Employment; you have -- you know, we want one specific point of contact. We're also starting with the City, because I know of all the great programs that you already have in place. We just don't want to duplicate. We really want to partner. Commissioner Sanchez: For the sake of time, while they get your presentation ready or if it's not going to be ready -- Ms. Broton: It's done. Commissioner Sanchez: OK, it's done. Let me just -- let -- Ms. Broton: You have the handout. You have the slides, so -- Commissioner Sanchez: My dear colleagues, the issue here is that there are many types of assistance that are provided, but we have a clear case that the right hand doesn't know what the left hand is doing, and we need to coordinate with the proper entities to create a program that's going to simplify a process so when they get here, they're going to be greeted and basically, provided the assistance so they can -- and they're coming back with money. They're not coming back broke. They do save money, and there's plenty of assistance on the veterans side to become property owners. On the issue itself, I have been working with the Mayor on the issue. The only thing that I'm going to say is that I'm a patient individual. We need to create legislation to put this program together. We have things in place. The Little Havana Advisory Board is already -- has taken on the leadership, but this is just not Little Havana. This is an entire city, and we do have an affordable housing component, which was clearly stated in the Mayor's City of the address ; It was clearly stated in my swearing in speech, which was my number one priority, to challenge -- to accept the challenge of affordable housing, and I know that I have 150 percent from my colleagues that are here with me today, so what I'm asking today, and I'm going to put it in the form of a motion, is to make sure that this Administration brings back, at the May 11 agenda, legislation to kick-start this program so we could get it going as quickly as possible, and I know that we're working on something that's going to be very good news, but if we don't expedite the process -- you know, we tend -- government tends to move at a snail pace. Well, not when I'm involved because my philosophy is a simple one: Lead, follow, or get out of my way, so we're going to get this done. Mr. City Manager, I'm putting it in the form of a motion to have the Administration work out, with the Mayor along -- I want representation from the Mayor -- to have the proper legislation ready for vote May 11, and you're welcome back to be here while we approve that legislation, so having said that, so move that motion. Commissioner Spence -Jones: 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: Those opposed have the same right. Motion carries. City of Miami Page 26 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Sanchez: Thank you, and we'll see you May 11. Ms. Broton: Thank you very much. Ms. Postlewaite: Thank you so much. Commissioner Sanchez: You're welcome. Chairman Gonzalez: I had an item that I asked my office to put on the agenda on the blue pages. Eventually, my staff will get to that, but it was just a discussion item. City of Miami Page 27 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 06-00625 DISCUSSION ITEM DISCUSSION ABOUT WAIVING THE RENTAL FEE AND PROVIDING IN -KIND SERVICES AT ROBERT KING HIGH PARK FOR THE MUNICIPIOS DE HOLGUIN SCHEDULED TO BE HELD ON APRIL 30, 2006. 06-00625 Cover Memo.pdf MOTION A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, waiving the rental fee for the City of Miami's show mobile, and providing in -kind services at Robert King High Park for the Municipios De Holguin picnic, scheduled to be held on April 30, 2006. Commissioner Regalado: And Mr. Chairman, the last item is waiving the rental fee for the show mobile and providing in -kind services at Robert King High Park for the Municipios de Holguin, the scheduled picnic to be held on April 30, 2006. This is just a show mobile and the rental. They will be paying for employees and other things. That will be my motion. Chairman Gonzalez: All right, we have a motion. Vice Chairman Winton: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Commissioner Regalado: Thank you, Mr. Chairman. Chairman Gonzalez: You're welcome. D4.2 06-00626 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $3,000, TO THE PRYMUS ANGELS CHEERLEADING PROGRAM THAT OPERATES AT SHENANDOAH PARK, TO CO-SPONSOR THEIR TRIP TO A NATIONAL COMPETITION IN WILLIAMSBURG, VIRGINIA ON APRIL 29, 2006; ALLOCATING FUNDS IN THE AMOUNT OF $2000 FROM THE DISTRICT 4, AND AN AMOUNT OF $500 EACH FROM THE DISTRICT 2 AND THE DISTRICT 5, SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE NO. 001000.921054.6.289. 06-00626 Legislation.pdf 06-00626 Cover Page.pdf City ofMiami Page 28 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Motion by Commissioner Regalado, seconded by Vice Chairman Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0251 Commissioner Regalado: The other issue has to do with another winning team. It's a resolution of the Miami City Commission authorizing the allocation of funds, in an amount not to exceed $2,000, to the Prymus Angels Cheerleading program that operates at Shenandoah Park in District 4, to cosponsor the trip to the national competition in Williamsburg, Virginia, on April 29, 2006; allocating funds from the District 4 special events account. I just wanted to tell you that for three consecutive years, the cheerleaders team of Shenandoah park have won the national championship, and they are off to -- I mean, in the whole nation, they have won three consecutive years, and they're off to the fourth national championship, and these are -- and -- she's here, OK. I want you to meet the coach, and this lady is the one responsible for this. Let me tell you, I have seen her and she's tough with the girls, but you know, thanks to you, we are national champions here, and maybe not too many people know this, but it's good that we know - Nekesha Prymus: Yes. Commissioner Regalado: -- why you are going to -- Ms. Prymus: I first would like to say thank you for -- Commissioner Regalado: Your name. Ms. Prymus: I'm Nekesha Prymus, and I'm also the -- I work as -- with the Prymus Angels, and all of my children are Hispanic in the community here. We are national champions and we have been running every year consecutively, which has been very tough since our division has gotten larger each year. While I do just cheerleading, we also make sure that my cheerleaders are on the honor roll, and as a group effort, they have a 3.7 GPA (Grade Point Average) overall. Commissioner Regalado: Yep. Applause. Vice Chairman Winton: I know we're not supposed to do that, but I lost control. Ms. Prymus: I'm -- Commissioner Regalado: But they have -- Ms. Prymus: -- very particular. I'm also an educator, so I believe in education first. I teach my young ladies that you must be able to do other things besides cheerleading. It's a part-time job. Your education is your full-time job. At this present time, I'm -- Commissioner Regalado: And you're leaving? You're leaving next week? Ms. Prymus: Well, yes. We leave tomorrow. Commissioner Regalado: OK. Ms. Prymus: We fly out to Williamsburg, Virginia. Our plane leaves 5:41 Friday morning. We will be -- once we get to Virginia, we will be going around to William and Mary University. City of Miami Page 29 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Every university -- every state that we go into where our competitions are held, I make it an effort to make sure that they're able to tour the colleges that are in the city around the area that we're in, and by doing that, it helps them realize that there is more to our -- to -- more to education. You need a higher degree to make it in this world, and I'm just explaining to them that you must go to a higher level. The skills that I teach them help them try out for college. We have a young lady now; she's in the eleventh grade, and over spring break, I drove her to Tallahassee, Florida. She interviewed with Ms. Stacey Sutton. She's a Florida State coach, and she has interviewed to see if we can get her to try out for their team and also be a Florida State cheerleader, so that went very well, so we're -- now we're training her to try out for the Florida State team. Commissioner Regalado: And I want you to know that this lady, when she was organizing the trip -- and I don't know about because she is very modest -- she used her personal credit card to advance some of the expenses, and so we need, Madam Manager, to give her this check ASAP (as soon as possible) because she needs the money, and you know, we are very proud of you and your team at the Shenandoah Park. Ms. Prymus: Thank you. Commissioner Spence -Jones: Commissioner Regalado, I just would like to add, first of all, I am aware of your program and it's an outstanding program in the area. You actually participate in a lot of programs throughout the parks, and I definitely want to acknowledge your commitment because a lot of people just, you know, they go to work everyday and they're not really concerned about anything but themselves, and you take out your own personal time to really work with those young ladies, and I want to commend you, and I'd like to add an extra $500 from my personal budget to assist you in that trip -- Ms. Prymus: Thank you. Commissioner Spence -Jones: -- so hopefully, Ms. City Manager could make -- add that to that check so that that could support them on their way to -- on their trip. Vice Chairman Winton: Well, you beat me to it because I was going to add 500 also, so -- Commissioner Regalado: Well, if you come in the afternoon, maybe you'll leave with $5, 000. I mean -- Ms. Prymus: Wow. Commissioner Regalado: -- who knows. Ms. Prymus: Oh, my God. Thank -- Commissioner Regalado: Well -- Ms. Prymus: -- you so much. I'm so appreciative. Thank you. I really appreciate it. My girls also appreciate it. I know they would really appreciate it, so I will make sure that they know where this is coming from, and if, at any time, we can get them here at a -- after school hours, because they would love to show you some stuff, I promise you. They love to be seen. They would love -- Commissioner Regalado: I promise you -- Ms. Prymus: -- to show you. City of Miami Page 30 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Regalado: -- that I -- Vice Chairman Winton: We'll -- yeah. Commissioner Regalado: -- go every year, and she really puts a show on. Vice Chairman Winton: Well, one of our Commission meetings, when we know we're going to be in the afternoon, we ought to bring them. Ms. Prymus: Please. Commissioner Sanchez: And listen -- Ms. Prymus: Please invite us. Commissioner Sanchez: -- sometimes we need all the cheering we could get. Ms. Prymus: We would love to cheer for you -- Commissioner Spence -Jones: All right. Ms. Prymus: -- without a problem. Vice Chairman Winton: Well, our local paper never does, so maybe some cheerleaders can do it. Commissioner Regalado: So you're leaving with 3,000 now, so -- Ms. Prymus: Amen. Commissioner Regalado: -- don't break a leg. I mean, because -- but do come with a championship. I know you will. Ms. Prymus: We will. Commissioner Regalado: Thank you. Ms. Prymus: Thank you so much. Chairman Gonzalez: All right. Thank you. Commissioner Regalado: We need a vote. Priscilla A. Thompson (City Clerk): We need a motion -- Vice Chairman Winton: Did you make a motion? Ms. Thompson: -- a second -- Vice Chairman Winton: Second. Ms. Thompson: -- and a vote. Chairman Gonzalez: All right, we have a motion and we have a second. All in favor, say "aye." City of Miami Page 31 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. D4.3 06-00634 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $2,500, TO THE MIAMI DREAM TENNIS TEAM THAT OPERATES AT BRYAN PARK, TO CO-SPONSOR THEIR TRIP TO AN INTERNATIONAL COMPETITION IN ASTURIAS, SPAIN; ALLOCATING FUNDS IN THE AMOUNT OF $2000 FROM THE DISTRICT 4, AND AN AMOUNT OF $500 FROM THE DISTRICT 3, SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE NO. 001000.921054.6.289. 06-00634 Leg islation.pdf Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0252 Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. Just a few minutes ago, we were very happy to see a company -- Spanish company located in Miami to support the Miami Dream Team, the tennis team of Bryan Park. They have been invited to go to international meet in Asturias, in Spain, and next year the team from Spain will be coming to Miami, and Miami will be host, so I'd like to introduce a resolution authorizing the allocation of funds, in an amount not to exceed $2, 000, for the Miami Dream Team Tennis that operates at Bryan Park to cosponsor their trip to the international competition in Asturias, Spain; allocating funds from the District 4 special event account. So move. Commissioner Sanchez: Second. Discussion. Chairman Gonzalez: All right. There is a motion and there is a second for discussion. You're recognized, Commissioner Sanchez. Commissioner Sanchez: On the discussion side, this really isn't a discussion. I should take the opportunity to praise the gentleman who spearheads that program, who's done a tremendous job, and I believe he's been named Coach of the Year. It is a great program, and it is a program that serves a lot of children in my district, and I just want to take this opportunity to say that I would like to give $500 from my office account -- Commissioner Regalado: Great. Commissioner Sanchez: -- to assist them in this trip, and I certainly wish them the best. We are well represented by these children that are going to have a great opportunity to travel abroad to Europe, and really not only enjoy the sport that they like, but also to learn the different cultures, and I cannot see money so better well served than helping those children, so I would add $500 from my office account, Commissioner Regalado. Commissioner Regalado: Thank you. Thank you very much, Commissioner Sanchez, and Madam Manager, we need to remind Finance that it's now $2,500 that need to be given to the City of Miami Page 32 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 coach so they can make the arrangement for the trip. You know, it's a whole team, and by the way, the parents are paying for the children. It's a hardship, but all of them are paying, and we need some support, so so move, and -- yeah, Mr. Chairman. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City of Miami Page 33 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 06-00635 DISCUSSION ITEM DISCUSSION CONCERNING A STATUS REPORT FROM THE CAPITAL IMPROVEMENTS DEPARTMENT AND OTHER PERTINENT DEPARTMENTS TO ADDRESS THE STATUS OF THE REPAIR OF THE N.W. 7TH STREET BRIDGE WHICH SPANS WAGNER CREEK AND SEYBOLD CANAL. 06-00635 - Email.pdf DISCUSSED Chairman Gonzalez: Commissioner Spence -Jones. Commissioner Spence -Jones: Yes. D5.1, homeown -- I just want to make sure. I think I have somebody from staff here, and also from my neighborhood association, from the Spring Garden area. Is anybody here at all? OK. If you also step up. I just want to acknowledge you. As you know, homeowners and neighborhood associations play a very important role in improving our communities, and I really want to make sure -- I got a chance to visit the Spring Garden area and it's a beautiful area over there and the folks are very, very committed to keeping their area clean and just doing the right thing, and I got a chance to see the Seybold Park that they're working on over there, and they're committed to really making some great things happen, so two of the concerns that they had. The first one was regarding a status report of the bridge, the 7th Street Bridge. I wanted to see if Capital Improvements can give us an official update on that, and I greatly appreciate that. Mary Conway: Mary Conway, Capital Improvements & Transportation. The City had to close that bridge last year because of deficiencies with the sidewalks and the railing and safety issues. The plans are 90 percent complete. We expect them to be completed by June of this year, and at that point, they'll be going into -- that project will be going into construction, so we expect to have the improvements to the rails. We've already been before the HEP (Historical and Environmental Preservation) Board to get approval. Everything will be consistent with what was originally there so we stay with the historic character in the neighborhood. Commissioner Spence -Jones: And this bridge will be a bridge that can be traveled -- will be -- you know -- Ms. Conway: It'll -- Commissioner Spence -Jones: -- you'll still -- Ms. Conway: -- as soon -- Commissioner Spence -Jones: -- be able to travel. Ms. Conway: -- as the improvements are completed, it'll be opened back up. Commissioner Spence -Jones: OK. Mr. Martin, I know that that was one of the biggest issues from the groups that we -- that I visited with, and I want to just make sure that all your issues or concerns have been addressed for the neighbors. Ernie Martin: Ernie Martin, 1000 North River Drive. First of all, let me thank the City of Miami Page 34 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner for taking such an interest in the number of capital improvements that we have in Spring Garden. In some cases, we've been waiting for it for over a decade, so she has taken a great interest and has facilitated a dialogue, which is the beginning of progress. We haven't seen any of the progress yet, but at least we're now talking, and you've opened up the channels of communication, and for that we're very grateful. Just want to -- and thank you for that information on the 7th Street Bridge. We hadn't heard anything up until now. Commissioner Spence -Jones: OK. Well, you officially have it today, and as of June, right, we will begin pulling the plan together, and we're looking at some sort of completion date, when, Mary, because I -- Mr. Martin: Just like to know about the construction timetable, well, after the plans are done in June. Commissioner Spence -Jones: And has the money already been identified to cover the cost of this? Ms. Conway: Yes. We're using current capital year funds to get the bridge back open. I would expect that probably around September, we ought to be able to have construction started, and I would think it would take no more than six to eight months for the type of work that we're doing on this bridge. Commissioner Spence -Jones: OK, so I just wanted to make sure that -- September, Ernie, is when they're looking at, you know, starting officially with construction. D5.2 06-00636 DISCUSSION ITEM DISCUSSION CONCERNING A STATUS REPORT FROM THE CAPITAL IMPROVEMENTS DEPARTMENT AND OTHER PERTINENT DEPARTMENTS TO ADDRESS THE STATUS OF PROJECTS TO CLEAN UP WAGNER CREEK AND THE SEYBOLD CANAL.THIS REPORT SHALL ADDRESS AMONG OTHER TOPICS, THE CLASSIFICATION OF CONTAMINANTS IN THESE BODIES OF WATER, THE AREAS TO BE CLEANED, AND THE SCOPE AND STATUS OF THE PROJECTS BEING UNDERTAKEN TO ADDRESS THESE MATTERS. 06-00636 Email.pdf DISCUSSED Commissioner Spence -Jones: I think the next item is D5.2 -- thank you, Mary -- another item attached to that, which is the Wagner Creek and Seybold Canal. I think one of the biggest issues with the group, as I visited out there, was -- there was a feeling that they were only going to deal with the Wagner Creek and not the Seybold Canal. I just want to make sure that we clear up that issue and not -- and there was a big concern about the million dollars that we have from the South Florida Water Management -- Mary Conway (Director, Capital Improvements & Transportation): Management district. Commissioner Spence -Jones: -- and us losing that grant. I just would like for you to state on the record as to, you know, where we are with that. Ms. Conway: Certainly. It was brought to our attention last year that the capital plan only included dredging of Wagner Creek and not Seybold Canal. There is one tributary that goes off the Miami River to the north. It has two names. The most upstream portion is Wagner Creek. The portion closest to the Miami River opening is the Seybold Canal. We have since added the Seybold Canal into the capital plan so that that entire tributary will be dredged at the same time City of Miami Page 35 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 as funds become available. We are aware of the time limitations and the issues associated with the South Florida Water Management District grant, and we have been having ongoing dialogue with them so that if the monies -- if they need to move the monies that they have in a current year somewhere else, we have a commitment that they will work with us in a future year as soon as we're ready for this project to move forward to construction to make up those funds and to work with us to provide additional funding. We anticipate having an advertisement by May go out. If you recall, the most complicated issue with this project has been that contaminants were found, and we're dealing with how those contaminants will be handled, but we will have an advertisement in May for a competitive negotiation process to bring aboard a contractor to work with us to do the dredging of the channel. Commissioner Spence -Jones: What is the estimated cost for the actual project, would you say? Ms. Conway: Right now, our total estimated cost, on a worst case scenario, is about $17 million. It's difficult -- the reason we're going to use competitive negotiations, as we move forward, is that there are a lot of variables. If someone is able to identify a site and bring that forward to the City, it's in close proximity or along the channel, there are cost -savings associated with that. If we can't do that and we have to identf a site that's further away and we have to truck the material in sealed trucks with a washed -down procedure, the cost goes up, so right now we've estimated that the worst case cost would be $17 million. It may be less if we're able to get a site that's closer to the channel. Commissioner Spence -Jones: And how much money do we already have identified currently to begin the project? Ms. Conway: We have about $3 million identified. Commissioner Spence -Jones: Three million, so Ernie -- Ms. Conway: It'll be done -- Commissioner Spence -Jones: -- Spring Garden -- Ms. Conway: It'll -- Commissioner Spence -Jones: -- I want you guys to hear this. Ms. Conway: -- be a phased project -- Commissioner Spence -Jones: Yeah. Ms. Conway: -- similar to the Miami River dredging project, but obviously on a much smaller scale. Commissioner Spence -Jones: OK, so we have to definitely try to figure out where we're going to get the additional money to handle this. Do you -- Commissioner Sanchez: Would you yield for a minute? Commissioner Spence -Jones: Sure. No problem. Commissioner Sanchez: I've been here seven years, and in those seven years, just about every year, that issue comes up. It is, if not mistaken, one of the most polluted channel -- because it's like a little channel, the Wagner Creek -- in the United States, and every time the issue comes up, it's the same thing. We have "X" amount of dollars from one funding source; we're trying to City of Miami Page 36 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 come up with the other one, and somewhere along the line, we don't end up doing it, and it's just like everything: The more we wait, the more it's going to cost us -- Commissioner Spence -Jones: More expensive, yeah. Commissioner Sanchez: -- the more polluted it's going to become, the more of a negative factor and harm to the environment and the residents of that area, so we got to come up with the money, and if it's 13 million now and we wait five years, it's going to be 14, 15 million, and four more years, 18 million, so we've got to find a way to get it done. It is a shame. It is -- I've seen it. It is horrible, horrible, but we've got to get it done. Ms. Conway: Agreed. Chairman Gonzalez: All right. Any -- Commissioner Spence -Jones: Mr. Martin, do you have any comments on the Wagner Creek issue and Seybold issue because I know that this is a very, very important issue to you, and we will be pushing hard on our end to make sure we identf or find some fundings to actually get this done because I agree with my colleague. I mean, I'm a freshman on the dais, so I'm just becoming aware of all the issues, but you can best believe, I'll be pushing hard to make sure we find the monies to begin and complete this project, but if you do have any comments, I'd like you to bring them to us. Mr. Martin: I would just like to echo what Commissioner Sanchez said, and I -- you know, we -- those of us who live on the canal have been hearing this for decades now, and it has -- Commissioner Sanchez: How much times have you been in front of this Commission on that issue? Mr. Martin: Oh, a dozen times, ever since we discovered dioxins in the Wagner Creek. It became a -- the most polluted waterway that we have here in South Florida, if not, as you said, the country, so it's something that we must address, and I didn't hear a timetable, other than when the plans will be done, and we need to find additional money, and again, thank you, Commissioner Spence -Jones, for bringing this to the attention again of the Commission, and I think something is going to now happen. Thank you. Commissioner Spence -Jones: Thank you, Mr. Martin. Chairman Gonzalez: All right. D5.3 06-00657 DISCUSSION ITEM DISCUSSION REGARDING WAIVING RENTAL FEES AND PROVIDING IN KIND SERVICES AT THE COCONUT GROVE CONVENTION CENTER FOR THE SENIORS FIRST EXPO TO BE HELD ON JUNE 1, 2006. SENIORS WILL RECEIVE INFORMATION ABOUT HURRICANE PREPARATION AND OTHER RESOURCES THAT HELP SENIORS IN TIME OF EMERGENCY. ACCESS IS NEEDED FROM ABOUT 8:OOAM TO 4:OOPM. 06-00657 E-Mail.pdf MOTION A motion was made by Commissioner Spence -Jones, seconded by Commissioner Sanchez, and was passed unanimously with Chairman Gonzalez absent, waiving rental fees at the Coconut City of Miami Page 37 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Grove Convention Center for the seniors' first Expo (Exposition), currently scheduled to be held on June 1, 2006. Note for the Record: Commissioner Spence -Jones expressed her concern of the lack of venues in the City to host City -related events, and other events for City residents who are unable to pay the required rent at the major venues in the City. Chairman Gonzalez: Next. Commissioner Spence -Jones: D5.3. D5.3 is kind of connected to D5.4, but one of the things I wanted to make sure -- as you know, as we approach the hurricane season, one of the things I really wanted to make sure that we had things put in place to deal with any possible hurricanes that may come. It is predicted that we're going to have twice the amount of storms that we've had in -- before, and I wanted to make sure that we had some key things put in place. The first item, D5.3, deals with an initiative for our seniors. As you know, seniors are most at risk during the hurricane season. Last year, as a matter of fact, many seniors went, you know, untaken care of, and I really wanted to make sure that we put something in place to support our seniors. I'm asking for the waiver of the fee for the Coconut Grove Convention Center. We're going to launch on June 1, the day of hurricane -- first day of hurricane season, an expo to bring information to ours. We're expecting about 3,000 seniors to participate, and every agency that focuses on seniors will be at the expo, so I'm asking for your support so that we can continue to take care our seniors during their times of need, so I'm asking for support on that. Vice Chairman Winton: So that's your motion. Second, and comment. Commissioner Sanchez: Third. Chairman Gonzalez: All right, we have a motion and we have a second. Discussion. Vice Chairman Winton: Mr. Manager, I'm a little curious because it seems to me that this is a City function, not an external function. I mean, am I wrong here? Isn't this a City -sponsored function? Joe Arriola (City Manager): Yes, sir. Vice Chairman Winton: So why would we charge ourselves rent? Mr. Arriola: I have no idea, but we're not. Vice Chairman Winton: Because as you all know, I've typically voted against waiving -- Mr. Arriola: I know. Vice Chairman Winton: -- rental fees for facilities because if you do it for one, you've got to do it for all, and so I wrote on here "no" when I read this agenda item for that very reason, but I listened to Commissioner Michelle Spence -Jones and it's a City function, not some not -for -profit's function, so it seems to me we shouldn't even have a vote here, that -- it's a City function that shouldn't be a need to waive rent because there isn't any rent to be charged because we own it, is that not correct? Mr. Arriola: Absolutely, sir. Vice Chairman Winton: So there is no reason to have a vote. Commissioner Spence -Jones: OK. I just want to make sure. I was told that we -- no matter City of Miami Page 38 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 what, we needed to bring that in front, but if that's fine, I'm -- Mr. Arriola: Commissioner -- Commissioner Spence -Jones: -- I just want to make sure my seniors are taken care of. Mr. Arriola: -- if that's what you want, we will get it done. Commissioner Spence -Jones: OK. Thank you very much, but I do want to at least bring this up as a point because as we go on, one of the biggest issues that I address a lot is -- or I'm concerned about is the lack of venues that we do have to do city -related events, period, and as we lose our venues in this town, there's going to be nowhere to go to host events or host activities, not just from a City standpoint, but from these little small organizations that have nowhere else to go. I think that we really need to look, in the future, in addressing this issue before we lose the venues. Now, we're utilizing the Coconut Grove expo center for this and there are several other things that I want to see happen. There's a career expo, various things that need to take place in the City, and we just don't have the venues. We don't have them anymore, so I think that we really, really need to look at how we're going to address providing not only the service for city -related events, but for the citizens of this town that need to -- that can't afford to go to the major venues in this town to pay for rent, so I -- I'm being a little selfish, and I'm thankful to be able to do this for my seniors, but I have to also think about the other agencies and organizations that, you know, have the -- will have the same problem. Vice Chairman Winton: But -- well, you're saying two different kinds of things. One is that we're losing the venues, and I think that's a serious issue for us that we need to have a dialogue about and a debate about because we -- the venues we have are either obsolete, outdated, and almost all of them are, and we have very few to begin with, and I think we do need a public venue for these kinds of things that doesn't exist today, and we need to start talking about that. However, that said, providing them for free is a different issue. Commissioner Spence -Jones: Providing the venues? Oh, no, I'm not saying provide it for free. Vice Chairman Winton: Oh, OK, good. Commissioner Spence -Jones: I'm just saying -- Vice Chairman Winton: Because if small groups -- Commissioner Spence -Jones: -- if we -- Vice Chairman Winton: -- can go to a lot of our park -- we have buildings in our parks and -- Commissioner Spence -Jones: Yeah, but a lot of times -- Vice Chairman Winton: -- community buildings in our -- Commissioner Spence -Jones: -- it doesn't accommodate, you know. When you talk about the expo center -- I'm just using that as an example -- it -- a park will never accommodate -- Vice Chairman Winton: No, no, I agree. You're right, so -- Commissioner Spence -Jones: OK. Vice Chairman Winton: -- well, I think we're on the same wavelength then. City of Miami Page 39 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Spence -Jones: OK. We're on the same page. Vice Chairman Winton: Commissioner Sanchez, did you have something to say? Mr. Arriola: One of the things that you're going to -- we're going to try to include in the new Orange Bowl is some sort of a venue -- Vice Chairman Winton: There's a good idea. Mr. Arriola: -- for this sort of thing because -- Vice Chairman Winton: That ought to be -- Mr. Arriola: -- you know -- Vice Chairman Winton: Yeah. Mr. Arriola: -- it's central, and because of what's going to happen with a couple of them, we -- Vice Chairman Winton: Well, look at Florida State -- Mr. Arriola: Yes. Vice Chairman Winton: -- stadium. I mean -- Mr. Arriola: It's exactly -- Commissioner Sanchez: Campbell Stadium. Vice Chairman Winton: Yeah. Mr. Arriola: -- what we're going with. Vice Chairman Winton: So that's a great idea. Mr. Arriola: That's exactly what we're going with. Vice Chairman Winton: OK. Apparently, I'm chairing the meeting all of a sudden, and I wasn't thinking about chairing the meeting; I was just talking, so you still have the floor. Commissioner Spence -Jones: I thought we moved it already, right? Vice Chairman Winton: OK. Priscilla A. Thompson (City Clerk): We have a motion and a second, yes. Commissioner Spence -Jones: OK, so I'm just -- Vice Chairman Winton: We have a motion -- well, I guess I made the second. Can I leave it on the floor? Ms. Thompson: Yes, sir. Vice Chairman Winton: OK. We have a motion on a -- and a -- yes, sir. City of Miami Page 40 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Spence -Jones: Yes, sir. Commissioner Sanchez: Second. Vice Chairman Winton: OK, we have a motion and a new second. We have a motion and an old second. All in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. Motion with both seconds passes. D5.4 06-00676 DISCUSSION ITEM DISCUSSION CONCERNING HURRICANE PREPAREDNESS. 06-00676 E-mail.pdf DISCUSSED A direction was made to the City Manager by Commissioner Spence -Jones to provide an official update detailing the City's hurricane readiness plan, and that said plan incorporate consideration for senior citizens. Commissioner Spence -Jones: And my last item is D5.4, which is discussion from the City administration. When I came on board almost six months ago, I asked where we were with the hurricane readiness plan. With less than 60 days away from hurricane season, I still have not officially gotten a report as to what is our plan for this year's hurricane season. Is -- I just wanted to get an official update. I understand that -- I got a briefing, I believe, yesterday, but if I could get one from the City Manager as to what is our timetable to get official document as to what the City's going to do in case of a disaster. Joe Arriola (City Manager): The -- obvious, we're working very hard towards. We have a plan, and I understand that the Mayor, in the next couple days, is going to announce the special event that we're going to have in the City that one of the emphasis is going to be in the hurricanes, but I'd rather wait until the Mayor announces this and talks to all of you -- Commissioner Spence -Jones: OK. Mr. Arriola: -- before we go public with it. Commissioner Spence -Jones: All I ask is that in that plan we include something exclusively for our seniors. Mr. Arriola: Absolutely. Commissioner Spence -Jones: Thanks. Vice Chairman Winton: Oh, I'm sorry. Jeez, so did we get an answer? I was reading something. Commissioner Spence -Jones: Yeah. He's -- the City Manager basically said that the Mayor's going to be launching, I guess, an official plan, and he would rather wait until, you know, he launches it. I just asked that we include -- we make sure that there's something in there for our seniors as we do that. Vice Chairman Winton: Great, so that concludes your blue pages? Commissioner Spence -Jones: Yes. City of Miami Page 41 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 PUBLIC HEARINGS PH.1 06-00456 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS Police (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PURCHASE OF A SKY WATCH SENTINEL OBSERVATION PLATFORM, FROM NEW HEIGHTS MANUFACTURING, INC., FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $111,259.20; ALLOCATING FUNDS FROM THE URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM, ACCOUNT CODE NO. 110143.280911.6.840. 06-00456 Legislation.pdf 06-00456 Summary Form.pdf 06-00456 Memo.pdf 06-00456 Memo 2.pdf 06-00456 Memo 3.pdf 06-00456 PH Memo.pdf 06-00456 PH Notice.pdf 06-00456 Memo 4.pdf 06-00456 Price Quotation.pdf 06-00456 Master Report.pdf 06-00456 Summary Fact Sheet.pdf Motion by Commissioner Regalado, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0253 Chairman Gonzalez: Let's move to PH.1. Commissioner Sanchez: Anyone here from the Police Department? Deputy Chief Frank Fernandez: Good morning, Commissioner. Chairman Gonzalez: Good morning. Deputy Chief Fernandez: Frank Fernandez, deputy chief Miami Police Department. Yes, sir. Vice Chairman Winton: PH.1. Chairman Gonzalez: Can you give us some information on the record? Deputy Chief Fernandez: Absolutely, so this is the -- in addition to the -- what we currently have. We have a -- Commissioner Sanchez: Sky Watch. Deputy Chief Fernandez: -- a Sky Watch system that we have. You've seen it at the special events. It's a system that elevates above. It provides us an aerial view, a platform to look at the City ofMiami Page 42 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 special events. Typically, you saw it at the Calle Ocho event. Very, very beneficial for us. We're asking for authorization to purchase an additional one for our Department. Chairman Gonzalez: Very good. Commissioner Regalado: So moved. Chairman Gonzalez: This is a public hearing. Vice Chairman Winton: Second. Chairman Gonzalez: Anyone from the public -- Vice Chairman Winton: Discussion. Chairman Gonzalez: -- that wants to address this item, please come forward. Seeing none, hearing none, the public hearing is closed. We have a motion and we have a second for discussion. Commissioner -- Vice Chairman Winton, you're recognized. Vice Chairman Winton: It's come to my attention that potentially included in this authorization - - you're authorized also to purchase cameras for intersections and other -- in other places, and that -- and I was concerned that that information may be incorrect, so I just want to know. Glenn Marcos: Commissioner, Glenn Marcos, Purchasing Director. The actual item that you're referring to is the RE. 1 item that is coming up -- Vice Chairman Winton: Oh, RE.1. Mr. Marcos: -- and not PH.1. Vice Chairman Winton: Got it. Thank you. Mr. Marcos: This particular item was -- Vice Chairman Winton: Never mind. I'll discuss it then. Mr. Marcos: Thank you. Vice Chairman Winton: Thank you. Chairman Gonzalez: All right. This is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. PH.2 06-00594 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Facilities ATTACHMENT(S), DECLARING SURPLUS AND APPROVING THE SALE OF THE CITY -OWNED PROPERTY LOCATED AT 123 SOUTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO 121 RIVER DRIVE ASSOCIATES, LLC., A FLORIDA LIMITED LIABILITY CORPORATION ("PURCHASER"); ESTABLISHING THREE HUNDRED THOUSAND DOLLARS ($300,000), AS THE AMOUNT TO BE PAID TO THE CITY OF MIAMI ("CITY") City of Miami Page 43 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 BY THE AFOREMENTIONED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PURCHASE AND SALE, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTERESTS OF THE CITY. 06-00594 Legislation.pdf 06-00594 Exhibit.pdf 06-00594 Exhibit 2.pdf 06-00594 Summary Form.pdf 06-00594 PH Memo.pdf 06-00594 PH Notice.pdf Motion by Vice Chairman Winton, 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-06-0254 A motion was made by Vice Chairman Winton, seconded by Commissioner Sanchez, and was passed unanimously, stating that as a matter of policy, the net proceeds from funds generated from the sale of city -owned property (7,500 square feet or less) to the private sector be distributed on an equitable basis, with 50% to be used by the affordable housing trustfund and 50% by the parks land trust ftind, subject to any pre-existing conditions. Chairman Gonzalez: PK 2. Deputy Chief Frank Fernandez: Thank you. Chairman Gonzalez: PK 2. Ben Alvarez: Good morning, Commissioners. Ben Alvarez -- Chairman Gonzalez: Good morning. Mr. Alvarez: -- 2601 South Bayshore Drive. Laura Billberry (Director, Public Facilities): Lori Billberry, director of Public Facilities. This is a resolution before you to sell the city -owned property at 123 Southwest North River Drive to Mr. Alvarez at -- which company is 121 River Drive Associates. The purchase price is 300,000 and it is $80 a square foot. It is approximately 3,750 square feet. This is comparable to other rates in the area. Mr. Alvarez's property is the only property that has an abutting -- or a common boundary line with this property, and I believe he wishes to address you, but it is exempt from the City Charter because it is non -waterfront and it is less than 7,500 square feet. Vice Chairman Winton: So moved -- Chairman Gonzalez: Thank you. Vice Chairman Winton: -- with comment. Chairman Gonzalez: We have a -- City ofMiami Page 44 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Regalado: Second. Chairman Gonzalez: -- motion -- Commissioner Regalado: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. Discussion. I'm sorry. This is a public hearing. Yes, ma'am, you're recognized. Nina West: Thank you. My name is Nina West, 3690 Avocado Avenue, Coconut Grove. I just have a question about this property. Is this property going to be upzoned very soon? What's the zoning -- we know the zoning now, but is -- Chairman Gonzalez: Is the property going to be upzoned? Ms. West: -- this slated for an upzoning in the very near future, maybe even today? Commissioner Spence -Jones: What is it zoned for now? Ms. Billberry: It's currently C-2 and -- I mean, the appli -- the owner would have to apply for any zoning change. I don't -- Ms. West: OK, so -- Ms. Billberry: -- believe he's -- Ms. West: -- no zoning change -- Ms. Billberry: -- contemplating it. Ms. West: -- is contemplated on this property? Mr. Alvarez: Not at this time. Ms. West: OK. Thank you. Chairman Gonzalez: All right. Discussion. You're recognized, Mr. Chairman. Vice Chairman Winton: Yes. I think that, as we find additional sites like this, we need to get back in the public and the private sector and -- out of the public sector, we don't generate revenue. We don't do a good job of maintaining our lots, never mind -- so -- Chairman Gonzalez: And it cost us. Vice Chairman Winton: -- cost us a lot; they can be put to productive use. However, I think that, as a policy, we need to establish that the funds that come from the sale of City property should go to one of two sources -- Commissioner Sanchez: One of them is going to be affordable housing. Vice Chairman Winton: -- parks or affordable housing, and maybe it's 50/50, but we ought to set a policy. What it should never do is disappear into the general fund. It should go to parks trust or -- City of Miami Page 45 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Spence -Jones: House -- Vice Chairman Winton: -- Affordable Housing Trust or 50/50, and I don't have a strong feeling one way or another. I just feel strongly that it needs to go to one of those two. Chairman Gonzalez: Right. Commissioner Sanchez: If you -- Commissioner Winton, if you want to put a motion out, I am prepared to second it and third and fourth and fifth. Vice Chairman Winton: I would move that the sale of any city -owned property to the private sector, the proceeds of that will go 50/50 -- 50 percent to affordable housing and 50 per -- to the Affordable Housing Trust fund and 50 percent to the Parksland [sic] Trust fund. Commissioner Regalado: I'll second -- Chairman Gonzalez: All right. Commissioner Regalado: -- but we haven't -- Chairman Gonzalez: We have a motion -- Commissioner Regalado: -- vote on the first one. Chairman Gonzalez: -- and we have a second -- Vice Chairman Winton: Oh, yeah, I'm sorry. Chairman Gonzalez: -- so -- Vice Chairman Winton: So I'll have to make that motion afterwards. Chairman Gonzalez: You'll make that motion afterwards -- Vice Chairman Winton: Yeah. Chairman Gonzalez: -- because we are in the middle of the other vote. OK, we had a public hearing. I'm closing the public hearing. It comes back -- Commissioner Sanchez: I'm sorry. Chairman Gonzalez: -- to the Commission. We had a motion and we had a second -- Commissioner Sanchez: That's fine. Chairman Gonzalez: -- and we had a discussion open. You want to discuss it? Commissioner Sanchez: No, no. Chairman Gonzalez: Anything else? Hearing none -- Julie O. Bru (Assistant City Attorney): Mr. Chairman. Chairman Gonzalez: -- all in favor, say "aye." City of Miami Page 46 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Ms. Bru: Mr. Chairman, just point of a clarification. Commissioner Sanchez, you meant any City property or City property that is exempt under 29B -- Vice Chairman Winton: No. Ms. Bru: -- such as these lots? Vice Chairman Winton: We're voting on the motion in front of us, which is to -- Commissioner Sanchez: Yeah. Vice Chairman Winton: -- sell the property. Chairman Gonzalez: Yeah. Commissioner Sanchez: We're not -- Commissioner Regalado: No. This is -- Chairman Gonzalez: Then we'll discuss the -- Commissioner Regalado: -- to sell. Commissioner Sanchez: That's what I wanted to clam. I'm OK now. No. This got nothing to do with -- the motion that -- Vice Chairman Winton: I have to make a new motion -- Commissioner Sanchez: -- Commissioner -- Vice Chairman Winton: -- after this. Commissioner Sanchez: -- he's going -- Ms. Bru: All right. Commissioner Sanchez: -- to make the motion after we vote on this. Ms. Bru: OK, OK Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Winton: All opposed have the same right. Motion carries. Now, Commissioner Winton -- Vice Chairman Winton: A new motion, and -- Chairman Gonzalez: I'm sorry. Mr. Chairman, you're recognized. Vice Chairman Winton: -- Julie, what is your question about the motion I'm about to make? Ms. Bru: My question is is that you are indicating that, as a matter of policy, City of Miami Page 47 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 (UNINTELLIGIBLE) need to sell city -owned property -- Priscilla A. Thompson (City Clerk): I'm sorry, your microphone. Ms. Bru: As a matter of policy, you want any funds generated from the sale of City -owned property to be used either for parks or affordable housing, but do you mean City -owned property generally or just the kinds of property that are sold pursuant to this exemption that involves small lots -- Chairman Gonzalez: Just -- Commissioner Sanchez: It should be this exemption. Ms. Bru: -- lots that are nonbuildable. Chairman Gonzalez: -- this property. Commissioner Sanchez: Yeah. Chairman Gonzalez: All right. Commissioner Regalado: All of them. Commissioner Sanchez: Nah. Vice Chairman Winton: Well, I don't know. You know, that's -- well, we ought to -- well, for now, I'm going to suggest, so that we don't have to have a de -- but we do need to have a debate because I don't know the law of unintended consequences, so I'm only thinking about small lots that we're putting back into the -- but what is the definition of the small lots? Commissioner Spence -Jones: Anything under 75 -- Ms. Billberry: Seventy-five hundred square feet or less -- Commissioner Spence -Jones: Anything under that. Vice Chairman Winton: And under, OK. Ms. Billberry: -- but if we can also clam that if there is a condition, such as -- for example, if this was a foreclosure property and you are still using that threshold, it might require that the federal funds be reimbursed to the federal government -- Vice Chairman Winton: You're right. Ms. Billberry: -- for CDBG (Community Development Block Grant), so it would be subject to those kind of conditions. Vice Chairman Winton: Absolutely. Commissioner Sanchez: Absolutely. Vice Chairman Winton: Always would be subject to that, so not the gross amount, the net amount -- Commissioner Sanchez: All right, so less than -- City of Miami Page 48 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Vice Chairman Winton: -- so -- Commissioner Sanchez: -- 75,000 square feet. Vice Chairman Winton: Seventy-five hundred. Commissioner Spence -Jones: Hundred. Commissioner Sanchez: Seventy-five hundred. Chairman Gonzalez: Seventy-five hundred. Vice Chairman Winton: Yeah. Commissioner Spence -Jones: Seventy-five hundred. Commissioner Sanchez: Sorry. Vice Chairman Winton: 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: Those opposed have the -- Commissioner Sanchez: That's the best motion -- Chairman Gonzalez: -- same right. Commissioner Sanchez: -- motion you've had -- Chairman Gonzalez: Motion carries. Commissioner Sanchez: -- in some time, my friend. Vice Chairman Winton: You know, that's it. I'm -- Chairman Gonzalez: PH.3. Mr. Alvarez: Thank you very much. Vice Chairman Winton: -- apparently running out of steam. PH.3 06-00595 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "SCHOOL BOARD PARKING," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY City of Miami Page 49 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 06-00595 Legislation .pdf 06-00595 Exhibit .pdf 06-00595 Exhibit 2.pdf 06-00595 Exhibit 3.pdf 06-00595 Exhibit 4.pdf 06-00595 Exhibit 5.pdf 06-00595 Exhibit 6.pdf 06-00595 Summary Form.pdf 06-00595 Legal Description.pdf 06-00595 PH Memo.pdf 06-00595 PH Notice.pdf 06-00595 Public Works Memo .pdf 06-00595 Public Works Notice .pdf Motion by Vice Chairman Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez PH.4 06-00462 Department of Capital Improvement Programs/Transpor tation R-06-0255 Chairman Gonzalez: PH3, someone from Public Works, please. Stephanie Grindell: Stephanie Grindell, director of Public Works. PH.3 is a resolution accepting the proposed plat of the School Board parking, which is located between Northeast 1st and 2nd Avenues, between Northeast 15th and 16th Streets. Vice Chairman Winton: So moved. Chairman Gonzalez: All right. We have a motion -- Commissioner Regalado: Second. Chairman Gonzalez: -- and we have a second. It's a public hearing. Anyone from the public that wants to address this item, please come forward. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 05-0154, ADOPTED MARCH 10, 2005, THAT AWARDED A PROJECT ADMINISTRATION AGREEMENT TO HAMMES COMPANY SPORTS DEVELOPMENT, INC., TO PROVIDE PROGRAM, PROJECT AND CONSTRUCTION MANAGEMENT SERVICES FOR THE ORANGE BOWL REDEVELOPMENT PROJECT. City ofMiami Page 50 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 06-00462 Summary Form.pdf CONTINUED A motion was made by Comissioner Sanchez to rescind Resolution 05-0154 that awarded a project administration agreement to Hammes Company Sports Development, Inc. to provide program, project and construction management services for the Orange Bowl Redevelopment Project, but said motion died for lack of a second. A motion was made by Vice Chairman Winton, seconded by Commissioner Regalado, with Commissioner Sanchez dissenting, directing the City Attorney to hire outside counsel to thoroughly review and provide a report on the sequence of events that occurred regarding the Hammes agreement; further moving to re -entertain the motion cancelling said contract at the May 11, 2006 Commission meeting. A motion was made by Vice Chairman Winton, seconded by Commissioner Regalado, and was passed unanimously, to continue Item PH.4 to the Commission meeting currently scheduled for May 11, 2006. Chairman Gonzalez: PH.4, Capital Improvement and Transportation. Vice Chairman Winton: Hey, you're on. Jorge L. Fernandez (City Attorney): Yes. Vice Chairman Winton: This is -- Mr. Fernandez: Mr. Chairman -- Vice Chairman Winton: Hammes. Mr. Fernandez: -- Commissioners, you have two items in front of you. The first one calls for this Commission rescinding the resolution that you passed on March of 2005, authorizing the City Manager to execute a contract with Hammes Wisconsin, subject to three conditions. Those three conditions were negotiated and, at the end of the day, a contract was signed. Inadvertently, the contract that was resubmitted was a contract being proffered not by Hammes Wisconsin, but by a Limited Liability Corporation, incorporated in the state of Florida of even date with the amendment -- with three amendments that were being made to the contract. Clearly, the Hammes actions in this regard are perhaps fraudulent, certainly misleading, certainly not in keeping with all of the canons of ethics of lawyers dealing with each other with regard to amendments being made to a pre -approved contract like this was by the City Commission. Eventually, the City rescinded officially. The City Manager notified Hammes that because of their bad faith and because of the way they had dealt with the City, the City was no longer interested in doing business with them, and in fact, put them on notice that there was no contract, as it is the City's position today that there is no legally binding contract because that which the Commission approved back in March of 2005 was a contract with Hammes Wisconsin, not with Hammes Limited Liability Corporation of Florida. In January of 2006, Hammes filed a lawsuit against the City to enforce what they believe it's either a contract or it is an oral contract, and they have a very complex complaint against the City, alleging seven or eight different causes of action, all of which we're ready and able to discuss with you if you need further elucidation on this matter. However, the reason this is in front of you today is because the Administration is ready to proceed to award this contract, given a very tight time frame that it is operating under with regard to promises of deliverables being made to the University of Miami. The City engaged in a very extensive and a very thorough procurement process that ended up with three finalists out of a field of nine that applied, after Hammes was put on notice that the City had no relationship and had had no intentions of doing any business with them. Of those three, the City is recommending to you that today -- and this is a second item in front of you -- you enter into a City of Miami Page 51 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 contract with Jones Lasalle. Now, in order for you to enter into that contract, if you're, in fact, interested in moving full speed ahead in meeting your obligations, it is necessary that you rescind the previous authorization you gave to your City Manager to enter into that now nonexistent contract -- I don't know what to call it because it isn't a contract, but it is being alleged that, one way or another, it is a contract -- in order for this Commission to be free from all the restraints of the previous authorization that you gave the City Manager. Furthermore, it enhances our position in court if this Commission takes official action in that regard, clearly showing all along what was the clear intent of this Commission, vis-a-vis, Hammes Wisconsin. We stand ready to explain to this Commission, if this Commission needs to know, the timeline of events and what led us to this situation that we have presently with Hammes in court. Ms. Ramirez -Sews, from my office, who was involved in the procurement and in the execution of the contract -- alleged contract, is here to explain -- answer any questions you may have, and then Ms. Santovenia, from my office, likewise, who is vigorously defending this lawsuit on behalf of the City, a lawsuit, which, by the way, I would classify as -- let me measure my words. I'm sure all of this would be quoted and then brought out in court -- but short of being a sham, short really of lacking in substance, but as you all know, to be able to get into court and to make allegations, you need only have a filing fee. Notwithstanding all of that, there are issues that are raised in the contract that we're taking very seriously because they can, perhaps, appeal to the court's sense of equity, not necessarily make legal arguments to the court because when it comes to legal concepts and argument, they may not carry the day, but the court also has equitable jurisdiction to consider what they're claiming in their lawsuit, which is, in fact, that they were acting on the basis of all contracts and promises being made to them, blah, blah, blah, blah, blah, blah, which again is, in my opinion, fluff, lacking in substance, but we're taking it all very seriously, and we're aggressively defending the City's position with regard to the termination of that fraudulent contract that they perpetrated on us. Having said that, you need to understand that the CityAttorney's Office is facilitating and has been facilitating all along the Administration's direction and decision to meet its deadlines and its commitments to other parties, namely, the University of Miami, and that we were fully involved with the Administration in the selection process in reviewing the qualifications and the ability of the party that's being proposed to you today in the second item. You need to know that the contract that is being proposed to you has greater scope of services, and this party, Jones Lasalle, in fact, offers greater coverage and greater liability insurance and protection to the City than was ever considered in the previous contracts, so in and of itself it's a much better deal for the City, leaving aside or putting aside all issues of deception and fraud, so it is -- I recommend, as your City Attorney, that you, in fact, move expeditiously, and rescind the authorization you have given your City Manager in the Hammes mishap and proceed to the next item and consider awarding the contract to Jones Lasalle, and we stand ready to answer any questions you may have. Chairman Gonzalez: All right. Any questions? Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. The fact of the matter is that I'm very happy that the City Attorney says that this is sort of a frivolous suit and that we can get rid of it the sooner, the better, but I do have a question. If we are so sure that we will prevail, why we just don't wait to get this thing over in court and then come clean and enter into a new contract with the new person? After all, it's been a year since Hammes was recommended as the best company in the United States to do this. Now we're choosing the second-best company because Hammes was recommended as the first, and it is complicated, this kind of suit, because there is some issues, like you mentioned -- and it was explained to me very well -- thank you very much -- by your office, but it's difficult to understand this whole process, but I do understand that what we're here is cleaning the mess that somebody else made. Nobody, nobody read the fine print. When we buy insurance or a house or something, we need to read the fine print, and the contract was signed and nobody just notice that the company had a different name. That's very unfortunate because, you know, this is fire fee deja vu; nobody knew. You know, we were fooled, and I am so uncomfortable in doing this because, you know, the City Commission always, always carries the burden of coming front and making decisions that, in turn, puts us in the spotlight, City of Miami Page 52 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 which, by the way, just wanted to mention something that I would like to discuss. This City Commission, because it has not vote on an issue, the five members will be held in contempt of court in a few days, and I'm sure that you all know that. Hopefully, we will resolve that before we have to paying the fines ourself personally, not the City. I think it's May 8 that we're found in contempt of court, but -- Commissioner Sanchez: What are you talking about? Chairman Gonzalez: Wait, wait, wait. We're found in contempt of court -- Vice Chairman Winton: Are you a judge? Chairman Gonzalez: -- for doing what? Commissioner Regalado: I'm not a judge. I'm just following the information that I have from the City Attorney on the firefighters' union suit, that in 20 days, we will be found in contempt of court if we don't appoint somebody, but I'm just saying this, and you can -- I'm sure that you have been briefed by the City Attorney's office -- Commissioner Sanchez: Yeah, but -- Commissioner Regalado: -- on this. Commissioner Sanchez: -- apparently, we don't get the information you're getting -- Commissioner Regalado: I asked. Commissioner Sanchez: -- because nobody told me that I was going to be in contempt of court. Vice Chairman Winton: Well, plus, it's a whole -- Commissioner Regalado: I asked -- Vice Chairman Winton: -- different issue. Commissioner Regalado: -- but anyway -- Vice Chairman Winton: It's a red herring thrown out there in the middle of it. Commissioner Regalado: Well, anyway, I just mention that because the City Commission takes the brunt, like we did on the fire fee and all that. I cannot understand why the City Attorney cannot go out to court, get the suit dismissed, and then we can start clean. I don't understand why do we have to vote on a parallel contract while we have an ongoing case, and mind you -- and I ask -- the new company has been told, if we lose in court, you're going to lose the contract. That's some of the ideas that -- and I ask -- because I ask the question, what if, what if, what if and I am very concerned, and you know, I am -- I think that the City Attorney should explain, in more details, maybe in private to the members of the Commission, this strategy because six months from now, you know, we're going to be saying, "Oh, you know, we didn't know, " and then we have to pay $2 million to this company and pay the other company, so that's what I wanted to say. I had a very good briefing, Mr. City Attorney, from your office. It took more than an hour and a half and I was able to ask all the questions in the world, and because I was able to ask all the questions in the world is why I am so uncomfortable with this whole situation. That's it. Mr. Fernandez: Mr. Chairman. City of Miami Page 53 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to address this item, please come forward. OK. Seeing none, hearing none, the public hearing is closed. It comes back to the Commission. Any Commissioner -- Commissioner Spence -Jones: I just -- I'm sorry. I just had one quick question, Mr. City Attorney. I did -- I also want to thank you. I did get from your office a very good briefing on where we are on the overall project, but I just wanted -- just for a point of clarification, we are dealing with a time -sensitive issue because of the University of Miami and -- Mr. Fernandez: Commitments. Commissioner Spence -Jones: I just want to make sure that we're clear why the need to do both at one time. Mr. Fernandez: Well, the -- with regard to the commitments that the City has made to the University of Miami and with regard to the length of time that it would take to do the tens of millions of dollars of repairs and other issues to be addressed at the Orange Bowl, it is a professional opinion -- and you would need to ask the Administration -- that this much time would be needed, and the fact that a year has already lapsed in this whole debacle, if you will, with Hammes, further exacerbates the need to move on a timely basis. I cannot speak to technical issues of how long does it take to build or to bid or to do all of that. That would be technical information that you need to receive from the Administration. All that I'm telling you is that before, either today or a year from now or whenever you're ready to enter into a contract with a new party, you need to dissolve and you need to address and you need to clean up what you have done with the previous one, and to the extent that the Administration wants to move forward with a new contracting party, I am bringing the first item, which is then you need to rescind the previous authorization so that you would have the full power, no questions asked, to enter into the second one, as well as helping us stand in better -- be in better standing with the courts as we defend this frivolous lawsuit that Hammes has brought against the City. With regard to some of the comments made by Commissioner Regalado, we're ready to reply, specifically with what is being perceived to be an oversight on the part of the attorneys reviewing the contract, and I would like for Ms. Ramirez -Sews, of my office, to briefly address that to you, and as she's standing up, let me also, you know, put it on the record that not only did Commissioner Regalado get an exceptional briefing on this issue -- Commissioner Sanchez: We all did. Mr. Fernandez: -- but all of you did. We spent the time showing, step-by-step, and analyzing all of the issues and answering every questions you have. Now, the nature of the business that we're about, which is municipal government handling millions of dollars in complex projects with all types of sectors of the community with varying degrees of decorum and ethics and the like, puts us in this predicament. It is unfortunate. It is not the way that I would ideally have any contract of the City go, but in the real world in which we live, this is something that we're certainly very ready to confront and resolve on behalf of the City. Now, the urgencies and the reasons for moving simultaneously, at the same time, needs to be addressed by the Administration. Olga Ramirez -Sews: Good morning, Commissioners. I'm Olga -- Mr. Fernandez: Closer to the microphone. Ms. Ramirez -Sews: -- Ramirez -Sews, assistant city attorney, and I am the attorney who handled the Hammes contract. I have briefed each and every one of you on how this came about, and I believe that the City Attorney has correctly given you a chronology of the events that led to the execution of a contract with Hammes of Florida. There is one thing that I do want City of Miami Page 54 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 to emphasize, and I take full responsibility for the fact that I did not review the first page of the contract that had the word "Florida" inserted in it instead of Hammes of Wisconsin, because I spent about a month negotiating an expansion on a limitation of liability from $50,000 limitation to $500, 000. As you all know, because I have briefed all of you, we went back and forth numerous times on those three items that were being negotiated. When the contract was finally negotiated and we finally reached an agreement on the limitation of liability, Hammes, that same day, they incorporated a limited liability Florida company. When I received the contract that was satisfactory with respect to the items that I was negotiating, the contract in -- the cover letter from the attorney from Hammes included a statement that we had hopefully addressed all of the concerns that I had, everything that we had been negotiating. At no time, at no time did I ever hear that a new company was being formed in order to take this contract. I believe it is outrageous to be negotiating in good faith on a contract that has been pre -approved on three particular items and without disclosing it, without even underlying it, form a new entity and have the contract in the name of the new entity. That's -- I don't know. I'll -- Vice Chairman Winton: That last statement -- Ms. Ramirez -Sews: -- be happy to answer any questions. Vice Chairman Winton: Olga, that last statement, the punch line, got swallowed. Would you repeat the punch line, please? Ms. Ramirez -Sews: I think it is outrageous -- Vice Chairman Winton: That? No, finish the -- Ms. Ramirez -Sews: -- that Hammes would have tried to pull this one on us. Mr. Fernandez: Mr. Chairman, further, to elaborate on that. If, in fact, as Commissioner Regalado suggests, one-year time period would be all that would be needed to address, through the court system, all the issues that Hammes is raising, then perhaps I would be much more forthcoming to agree with Commissioner Regalado about the strategy of holding on one to get to the other, but the reality of our court system is that any lawsuit, which any attorney wants to make complex and complicated, does not get resolved in a one-year period, and then you still confront the fact that you need to do something with this facility of yours in which you have contractual expectations, and then what difference does it make to, you know, wait another two weeks, wait another month, wait another year when, at the end of the day, we're still going to be in litigation, and the factual allegations that are being raised in the complaint are not going to change, and we're going to have to litigate, and we're going to have to wade through that morass of facts and allegations, and you know -- the outcome in court -- please, let the record reflect, I'm not predicting here. I can make all statements that are heartfelt with regard to the nature of their causes of action, but what I cannot do is predict the judge's ruling. We're very confident that we have the law on our side. We believe that the equities are largely on our side, but they're alleging -- they're throwing in the kitchen sink and everything else they can, and we need to see how that -- the outcome of that is. Notwithstanding that, I still believe that it's imperative that the City move forward with awarding the other contract, which is, you know, much better for the City, in any event, than the Hammes contract ever was. Commissioner Regalado: Mr. Chairman -- Vice Chairman Winton: Mr. -- Commissioner Regalado: -- if I may, just clarification. I never said that we should wait a year. I just said that because your office believed that this is a frivolous suit, that because it's something that any court of law will see that was fraudulent, we could try to dismiss this suit City of Miami Page 55 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 even before going through the process, which, of course, everybody knows is a long process. I'm just uncomfortable to do parallel things, and I mean, you know, I'm just one vote. I am telling you that somehow -- and you know, and the Orange Bowl should not be hit with friendly fire, but we've been one year in this, and this came up just in the last meeting, so it was a year of silence, mind you, negotiations and all that, but at least we should have known, we should have known, and we're kept in the dark for one year, and then, boom, we're hit with all this mess, and to me, it's still very uncomfortable, and you know, I just want to clarify that I did not say wait a year. I said that because your office believe it's a frivolous suit and that can be easily fight -- Vice Chairman Winton: He didn't say that part. He said frivolous. He didn't say "easy" anything. Mr. Fernandez: That's right, but you know, Commissioner, I -- Commissioner Regalado: I understand that, but I never said that we should wait a year. I don't Mr. Fernandez: OK. Commissioner Regalado: -- want -- Mr. Fernandez: All right. Commissioner Regalado: -- to give the impression that, you know, we should wait a year. I said we've waited a year. The City waited a year to tell us that this thing was going on. I -- for the life of me, I voted for the first contract as an emergency because it was an emergency. The Orange Bowl was falling down; we needed to proceed. It's been a year. It's been through Hurricanes Katrina and Wilma; still there. We need to do something with the Orange Bowl, but you know, we -- I was not informed -- maybe somebody else -- I was not informed and it's very uncomfortable, and that's all I wanted to say. Mr. Fernandez: You know -- Vice Chairman Winton: Mr. Chair -- Mr. Fernandez: I'm sorry. Vice Chairman Winton: Mr. Chairman. Chairman Gonzalez: Yes, sir. You're recognized. Vice Chairman Winton: Right now I'm just focused on the item that's in front of us, which is PH (public hearing) -- Chairman Gonzalez: 4. Vice Chairman Winton: -- 4. I'm not yet going to address PH.5, which is moving to the next contract, but as it relates to PH.4, I too have been thoroughly briefed by the City Attorney's office, and I could tell you all, I've been in professional business for over 30 years. I've negotiated hundreds of contracts myself some simple as heck, some very complex, and what Hammes did here, and that is in a contract -- and you're negotiating in the body of the contract. You've narrowed the issues down to three. You're no longer moving the whole contract back and forth; you're moving those affected pages back and forth because everything else has been agreed to, and so we get a letter from Hammes saying, "Here's the new executed contract, and we've now agreed to all the items," and that agreement was the result of a negotiation that was City of Miami Page 56 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 relatively intense by Hammes and the City of Miami over liability, and the first liability issue is their liability requirement is 50,000; we got it up to 500, 000, and on the day of that agreement to -- where they increased their liability exposure, they form -- they said, yes; went out -- that was in the front door. They went out the back door and formed a new company, a Florida -based LLC (Limited Liability Company) that had no assets. Commissioner Sanchez: No experience. Chairman Gonzalez: It's a paper company. Vice Chairman Winton: No anything, so my initial reaction is -- I've dealt with Hammes, if you all remember, when we -- both Hammes and Jones Lang Lasalle, I've dealt with relative to baseball, professional stadiums, and I thought both were extremely good, and so I thought this must be some sort of mistake, but when you look at the actual process here -- and again, I've negotiated hundreds of contracts myself. I have never seen anyone ever pull a stunt like they pulled. It would be one thing that "7 made a mistake in here." You know, I type in the wrong corporate name. That was a mistake. Made a mistake; I put the right corporate name back in. This wasn't a mistake. This was fraud on their part. Mr. Fernandez: Purposeful. Vice Chairman Winton: Purpose fraud. I'm no longer contracting -- you're no longer contracting with a parent company. You're contracting with a shell corporation that I formed yesterday in Florida that has no assets; that's fraud, so Commissioner Regalado, I've been in courts many times also. I can't predict what a judge is going to do. They're not predictable. You've got to run the course. However -- so I feel very strongly that this contract needs to be revoked. However, I think there's an additional step we need to take and I think we can do that step in two weeks. Because of the fire fee, we're under a different kind of public scrutiny than we typically would be. If this happened a year ago, I'm making the motion to move this and I'm done. It didn't happen a year ago; it happened now, so every -- you know, you've got the arm -chaired quarterbacks, some professor for -- you know, they can always find some expert out there somewhere. There's some expert at UM (University of Miami); never heard of that guy, but anyhow, he's the new expert on what the City's doing, but there's a legal issue here and there's a public opinion issue here, and I think we need to also address the public opinion issue. Our -- I think our City Attorney's office, in fixing the problem, has done a real good job. I wish that that problem hadn't occurred, but I'll tell you, in negotiating contracts before, the mistake that they made is a not -so -hard a mistake to make. We've agreed to everything. We've agreed to every -- still says Hammes, blah, blah, blah, blah. Then it says Florida LLC. I mean, that's not such a -- that's an easy mistake to make. Shouldn't have made it, but an easy mistake to make. Nonetheless, our City Attorney's Office is front and center in this deal, and they've got something on the table here. I think that what we ought to do is hire independent counsel, give them two weeks' time to come to the next Commission meeting to thoroughly review the sequence of events that have occurred, to either confirm the facts that have been put in front of us as it relates to the sequence of events or identify where maybe something didn't happen quite the way we all and they all think it happened, and bring this back to the next Commission meeting two weeks from now, with special counsel, hired outside, independent counsel, who's going to go through the process, and either certify completely that this is in fact what happened or suggest that maybe there's some modifications, because at the end of the day, we have two things we have to deal with, which that counsel can help in both. We're going to -- we're already in court, and a judge is going to make a decision, so outside counsel may find something that will help our argument or it may find nothing, but outside counsel will absolutely put their stamp on this thing that says, "While the City Attorney's Office has a vested interest right here, we've looked at that and they've said everything exactly as it is" and that becomes part of the public record and helps form the law of public opinion, and so if I'm saying yes to this, I'm saying yes to this with the proviso that we hire independent counsel, give them two weeks. We bring this issue back in two City of Miami Page 57 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 weeks to review the sequence of events as have been presented to us -- Commissioner Sanchez: All right. Vice Chairman Winton: -- and that's my comment, and I would make that motion after Commissioner Sanchez or -- Chairman Gonzalez: Commissioner Sanchez. Vice Chairman Winton: -- someone else made their comments. Commissioner Sanchez: Well, Commissioner Winton, you touched on some of my points that I wanted to bring out so eloquently. I got to -- have to gather my thoughts a little bit, but I think that the bottom issue here is that what we approved, what this legislative body approved was a deal with Hammes of Wisconsin -- Vice Chairman Winton: Bingo. Ms. Ramirez -Sews: Correct. Commissioner Sanchez: -- not with Hammes Florida LLC -- Vice Chairman Winton: Bingo. Commissioner Sanchez: -- and that's the argument that we should be making. Was it a bait and switch? Absolutely. Did somebody get doped [sic]? Absolutely, but you know what? We've stepped up to the plate. It's municipal government where you're dealing with so many things that we have to correct. The bottom line here is that the Attorney has given us an advice that I think it is the prudent steps to take. The issue is not consistent with the legislation that was passed by us, and that is the biggest argument that we can make on this. Now, once again, as always, this will end up in court, and I'm always -- Vice Chairman Winton: It is in court. Commissioner Sanchez: -- very careful what I say, so I limit myself to the points that I want to make, and being the last person to speak, I am going to take the recommendation of the City Attorney and make the motion to rescind resolution number 05-0154. So move. Chairman Gonzalez: Is there a second? Vice Chairman Winton: Let's see, I'm going to -- can I second with a modification? Commissioner Sanchez: With an amendment, absolutely. Vice Chairman Winton: OK. I'm going to second with -- Commissioner Sanchez: An amendment. Vice Chairman Winton: -- the amendment, and the amendment is to, in fact, take that action, but the amendment is to formally take the action at the next Commission meeting following independent counsel reviewing the sequence of events. That's the amendment to the motion. Commissioner Sanchez: The maker of the motion accepts the amendment. Commissioner Spence -Jones: Second. City of Miami Page 58 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Chairman Gonzalez: All right. Commissioner Regalado: So -- Chairman Gonzalez: We have a motion and we have a second. Commissioner Regalado: -- but excuse me, so what is going on here is -- Chairman Gonzalez: We're not rescinding the contract today. Commissioner Regalado: We are not rescinding the contract today -- Chairman Gonzalez: It would be to wait, correct? Commissioner Regalado: -- but Commissioner Sanchez says that to accept the recommendation of the City Attorney and rescind the contract today, but this amendment does not rescind the contract. Commissioner Sanchez: My motion is to resent [sic] this resolution today. Commissioner Regalado: OK, then -- Vice Chairman Winton: OK, so -- Commissioner Regalado: -- something going on here. Vice Chairman Winton: Yeah, yeah. Commissioner Regalado: I don't know. Vice Chairman Winton: Because I don't think -- Commissioner Regalado: You have to figure it out. Vice Chairman Winton: -- we could do both, can we? Chairman Gonzalez: You can't do both. Vice Chairman Winton: We can't do both of these things that we just -- Commissioner Regalado: You can. Vice Chairman Winton: -- described. Mr. Fernandez: Well -- Commissioner Spence -Jones: Yeah, because what happens if, in the two weeks, if something comes back and there's a issue? Mr. Fernandez: Well, the -- Chairman Gonzalez: Either you do it today or you do it in two weeks. Vice Chairman Winton: In two weeks. Yeah, I think that's right. City of Miami Page 59 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Mr. Fernandez: If I may -- Joe Arriola (City Manager): Can I say one thing because -- Vice Chairman Winton: Hold it. Mr. Arriola: -- there's been to this day -- to today, Hammes Corporation has refused to put Hammes Wisconsin in the -- Vice Chairman Winton: Right. Mr. Arriola: -- contract, and you should be aware of that because there have been rumors that if we're willing to change -- Vice Chairman Winton: Yeah. Mr. Arriola: -- they have not put anything in writing and they have refused to put in writing that Hammes Wisconsin will be responsible for this. To this day, what they exist today -- what they have offered is Hammes Florida LLC. A lot of talk has been said, but nothing, zero, has been put in writing. Commissioner Sanchez: And our responsibility -- Chairman Gonzalez: All right. Commissioner Sanchez: -- and I'm going to say this. I mean, our responsibility is to the City of Miami, the taxpayers, the University of Miami -- Vice Chairman Winton: You're right. Commissioner Sanchez: -- the Gold Cup, and all those events that are coming to the Orange Bowl. Anybody who sits here and is going to defend a company, then you shouldn't be sitting up here. Mr. Fernandez: Mr. Chairman -- Vice Chairman Winton: But I think, Joe, that all -- I think all of us are in agreement, that we think Hammes -- Commissioner Spence -Jones: That they've done something wrong. Vice Chairman Winton: -- has really wronged us, and the only issue I'm dealing with here -- and we've waited a year -- I'm dealing now with the issue of public opinion and suggesting that -- we've waited a year; two more weeks isn't going to make any real difference to anything we're doing with UM (University of Miami), and you know, I'm shoulder -to -shoulder with you on everything we need to do with the Orange Bowl. Always have been; always will be, but I think that we ought to take this additional step and only allow two weeks, not a month, not two months, not anything else, and bring it back at the next Commission meeting after we've had independent counsel review our record to make sure that the facts, as they've been presented to us, are in fact the facts, and then we've got our strong feelings about the law, and hopefully, the issue of public opinion more strongly on our side. That's the only thing I'm suggesting here, so -- Commissioner Regalado: I -- City of Miami Page 60 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Vice Chairman Winton: -- it's only a two -week delay is all I'm suggesting, because you have all of our -- we all know -- we agree that we need to rescind this contract. Commissioner Sanchez: Johnny, I could entertain that, but let me tell you something. You had an attorney that came up here, who is a very good City employee, who said, "Look, I made a mistake. I reviewed a contract that was a voluminous contract; just maybe a word with three other letters, Florida LLC" that just slipped by her, all right, and she has come up and stated, "Look, we did that mistake. We're willing to correct the mistake." The issue here in itself is -- the bottom line is that we voted on legislation, which was for Hammes and Wisconsin, not the Florida LLC. Vice Chairman Winton: OK, I understand, but listen -- think about this. Probably, the entity most strongly interested in limited progress in our city, as far as I'm concerned, is the Miami Herald, and the Miami Herald is already creating a scenario in the public eye out there -- Commissioner Sanchez: They do that every day. Vice Chairman Winton: -- that suggests that this is another fire fee fiasco, which it is not -- Commissioner Sanchez: They do that every day. Vice Chairman Winton: -- and so, if this would have happened before the fire fee, I wouldn't be taking this additional step at all, but we know what they're interested in doing, and that is writing more trash, and so I would rather take that additional step so that not only is it us, but we have an independent review that says that we've done everything we can do, and the City's done everything it can, and all the facts as presented are in fact accurate, and that's all I'm trying to get done, and then we have one more piece there: Instead of calling somebody from Santa Clara, they can call somebody from Miami. Chairman Gonzalez: Mr. City Attorney. Commissioner Regalado: Can I say just one thing? Chairman Gonzalez: Commissioner Regalado, go ahead. Commissioner Regalado: I'm more confused now because in the briefing, the City Attorney's office explained to me that one of the things that Hammes or Hammes or whatever, the Palestine Group -- either one or two things: $2 million for what they think they did and money, or to have the contract with Hammes of Wisconsin. Grant you, I don't know if that is in writing or not, but that's the information that I got from the City Attorney, who are my attorneys. Now -- Vice Chairman Winton: That said what, now? Repeat that. Said what? Commissioner Regalado: That -- the two things they're asking, it's either $2 million or that we do the contract with Hammes of Wisconsin, not Hammes of Florida LLC. That is what the City Attorney told me. Now, if this is not the case, well, then -- Vice Chairman Winton: Well, get that on -- that's a good question. Mr. Fernandez: Well -- Chairman Gonzalez: OK. We need -- Mr. Fernandez: If the point -- City of Miami Page 61 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Chairman Gonzalez: -- to clarify that. Mr. Fernandez: -- is that Hammes is now offering to -- Commissioner Regalado: No, no, no, no. I'm not giving you that information. That information was given to me. Vice Chairman Winton: He's asking whether or not that's factual. Ms. Ramirez -Sews: OK Commissioner Regalado: No, no, I'm not asking. It was given to me -- Ms. Ramirez -Sews: Commissioner -- Vice Chairman Winton: By them. Commissioner Regalado: -- by them, by the City Attorney's Office. Ms. Ramirez -Sews: -- I briefed you on that, and I explained to you the urgency of rescinding this resolution, and I told you that one of the causes of action that Hammes was asking was mandamus, and that mandamus is a cause of action that would -- they're requesting -- one of the actions that -- one of the actions is requesting the court to force the City to enter into a contract with Hammes. What has happened and the -- Chairman Gonzalez: Hammes -- Vice Chairman Winton: Hammes who? Chairman Gonzalez: -- Wisconsin? Ms. Ramirez -Sews: -- and Maria Santovenia -- Chairman Gonzalez: Hammes -- Ms. Ramirez -Sews: -- is here. She may be better -- Chairman Gonzalez: -- Hammes -- Ms. Ramirez -Sews: -- better -- Vice Chairman Winton: Which Hammes? Commissioner Regalado: Well, you told me Hammes of Wisconsin. Ms. Ramirez -Sews: Well, Hammes is Hammes -- Chairman Gonzalez: Which -- ? Ramirez -Sews: -- of Florida is Hammes of Wisconsin. Commissioner Regalado: No, no, no, no, no. Vice Chairman Winton: Now, don't play -- City of Miami Page 62 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Ms. Ramirez -Sews: They could -- Commissioner Regalado: No, no, no, no, no. Vice Chairman Winton: Excuse me. Ms. Ramirez -Sews: Let me finish. Commissioner Regalado: Olga, I am a journalist; I can remember quotes. You told me -- and this is why we began this -- Ms. Ramirez -Sews: Yes. Commissioner Regalado: -- debate. You told me that they're requesting to establish the contract with Hammes of Wisconsin. Ms. Ramirez -Sews: Yes. Commissioner Regalado: OK. Ms. Ramirez -Sews: What I said, Commissioner, is that the action for mandamus could cause a court, if they are successful, to require the City to enter into a contract with Hammes of Wisconsin, and that is the reason -- one of the reasons that we're seeking a recision of this resolution. Mr. Fernandez: Correct. Commissioner Sanchez: But that'll be determined -- Chairman Gonzalez: OK. Commissioner Sanchez: -- by the courts. Mr. Fernandez: And that could be -- Ms. Ramirez -Sews: That will be determined by the court, and that is one of their actions. Chairman Gonzalez: But that is one -- Ms. Ramirez -Sews: That's one of the counts. Chairman Gonzalez: -- that could be an order of the court, not that -- Mr. Fernandez: Correct. Chairman Gonzalez: -- the company -- Ms. Ramirez -Sews: Absolute -- Chairman Gonzalez: -- is asking that they -- Mr. Fernandez: No. Chairman Gonzalez: -- that we do a contract with them. City of Miami Page 63 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Ms. Ramirez -Sews: They are not asking us -- Mr. Fernandez: They have never proffered that. Ms. Ramirez -Sews: -- to execute a contract with Hammes of Wisconsin. It is one of the claims in the court case. Vice Chairman Winton: These guys are fraud. Commissioner Sanchez: All right. Chairman Gonzalez: All right. Commissioner Sanchez: With all due respect, there's a motion. My motion is to resent [sic] the resolution -- Vice Chairman Winton: But I -- Commissioner Sanchez: -- under the advisement of the City Attorney. Vice Chairman Winton: I'm withdrawing my second, though. Commissioner Sanchez: All right. Well -- my motion is still on the floor. Mr. Fernandez: Well -- Commissioner Sanchez: If I can't get a second, then we'll entertain some other -- Chairman Gonzalez: All right. Commissioner Sanchez: -- motions. Chairman Gonzalez: There is a motion on the floor. Is there a second? Mr. Fernandez: May -- Mr. Chairman, may I speak? Chairman Gonzalez: Is there a second? No second. Yes, Mr. -- Commissioner Regalado: I will support Vice Chairman Winton because I think it's all about public perception. I think it's all about mistakes that were made. You know, by now, everybody know the mistakes were made, so you know, I would support his motion. I would not support this because this would just rubber-stamp, "OK, we made a mistake. Oh, I'm sorry. You know, I just" -- Vice Chairman Winton: Mr. Chairman. Commissioner Regalado: -- "I step on your foot and I'm sorry." Vice Chairman Winton: Mr. Chairman. Chairman Gonzalez: Yes, sir. Vice Chairman Winton: I would like to make a motion, and my motion is to direct the City Attorney to hire outside counsel that will bring a report back to us at the very next Commission meeting that either confirms the facts as we've been -- had the facts presented to us today or City of Miami Page 64 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 identify some areas where maybe it's not quite as clear as we thought it may be. Chairman Gonzalez: All right. Vice Chairman Winton: That's my motion. Commissioner Regalado: Second. Vice Chairman Winton: -- and to re -entertain the motion for canceling this contract at that same time. Chairman Gonzalez: All right. We have a motion and we have a second. Mr. City Attorney, I think you wanted to address the Commission. Mr. Fernandez: As your City Attorney, I welcome and I receive and follow your directions and your instructions. If the motion being made by Commissioner Winton is successful, I would certainly do that, and within two weeks, you would have the most preeminent law firm in town standing here in front of you reporting to you on the scope that has been outlined by Commissioner Winton, and perhaps any comments that I would have to make with regard to that can wait until a later time. I think the most important thing is to allow this Commission to do its business unimpeded by personal agendas or personal perspectives, and clearly, anything that I may say now may be highly personalized, which does not serve or help the debate. My main concern is to do that which is in the best interest of the City, and if the wisdom of the elected officials is to have involvement of the most preeminent law firm in town look at all the facts and all of the laws and all of this and give you a second opinion, I welcome that opportunity gladly and follow the directives of this Commission. Chairman Gonzalez: All right. We had a motion and we had a second. Would you -- why don't you do a roll call -- Vice Chairman Winton: Roll call. Chairman Gonzalez: -- on this? Priscilla A. Thompson (City Clerk): Roll call. Commissioner Sanchez? Commissioner Sanchez: No. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Vice Chairman Winton? Vice Chairman Winton: Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: Yes, ma'am. Ms. Thompson: The motion has been adopted unanimously, 5/0. City of Miami Page 65 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Chairman Gonzalez: All right. Vice Chairman Winton: No, 4/1. PH.5 06-00459 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, Improvement AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND Programs/Transpor CONFIRMING THE CITY MANAGER'S EMERGENCY FINDINGS, THAT IT IS tation MOST ADVANTAGEOUS FOR THE CITY OF MIAMI TO WAIVE COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTION 18-86 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; APPROVING THE USE OF COMPETITIVE NEGOTIATIONS, FOR THE PURPOSES OF NEGOTIATING AN AGREEMENT FOR PROGRAM MANAGEMENT SERVICES, FOR THE "ORANGE BOWL RENOVATION PROJECT, B-30153;" AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH JONES LANG LASALLE AMERICAS, INC., IN AN AMOUNT NOT TO EXCEED $6,500,000, FOR SAID PURPOSE; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $3,000,000, FOR FISCAL YEAR 2005-2006, FROM CAPITAL IMPROVEMENT PROJECT ('CIP") NO. B-30153, AND AN AMOUNT NOT TO EXCEED $3,500,000, FOR FISCAL YEAR 2006-2007, FROM CIP NO. B-30153 AND/OR THE GENERAL OPERATING BUDGET. 06-00459 Exhibit.pdf 06-00459 Exhibit 2.pdf 06-00459 Exhibit 3.pdf 06-00459 Exhibit 4.pdf 06-00459 Exhibit 5.pdf 06-00459 Exhibit 6.pdf 06-00459 Exhibit 7.pdf 06-00459 Exhibit 8.pdf 06-00459 Summary Form.pdf 06-00459 Public Hearing Memo.pdf 06-00459 Public Hearing Ad.pdf 06-00459 Expense Proposal.pdf 06-00459 Letter.pdf CONTINUED A motion was made by Vice Chairman Winton, seconded by Commissioner Regalado, and was passed unanimously, to continue Item PH.5 to the Commission meeting currently scheduled for May 11, 2006. Chairman Gonzalez: And now -- Commissioner Regalado: Four/one. Chairman Gonzalez: -- we will need to defer -- Priscilla A. Thompson (City Clerk): I stand corrected -- Chairman Gonzalez: -- PH.5 -- City ofMiami Page 66 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 Ms. Thompson: -- it's 4/1. Chairman Gonzalez: -- or -- Jorge L. Fernandez (City Attorney): You need to defer both of these items to the next City Commission agenda, both -- Chairman Gonzalez: To the next agenda. Vice Chairman Winton: So move. Mr. Fernandez: -- 4 and 5. Vice Chairman Winton: So move, defer 4 and 5. Mr. Fernandez: Yes. Vice Chairman Winton: PH.4 and 5. Chairman Gonzalez: All right. Commissioner Regalado: Second. Chairman Gonzalez: 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. City of Miami Page 67 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 EM.1 06-00265 Office of Strategic Planning, Budgeting, and Performance ORDINANCE - EMERGENCY ORDINANCE Emergency Ordinance "INCOMPLETE (CHANGES NECESSARY) - PENDING FINAL REVIEW AND APPROVAL BY CITY ATTORNEY." (4/STHS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 12596, THE ANNUAL APPROPRIATIONS ORDINANCE, TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2006; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-00265 Legislation.pdf 06-00265 Exhibit SUB.pdf 06-00265 Summary Form.pdf Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado 12790 Chairman Gonzalez: EM.1 is an amended item, right? Larry Spring (Chief Strategic Planning, Budgeting & Performance): Yes. Chairman Gonzalez: Yes, sir. You're recognized. Mr. Spring: Actually -- Larry Spring, chief of Strategic Planning, Budgeting, Performance. Commissioners, I've given you, in my briefings over the last two days -- and I just passed out the floor amendment to EM.1. EM.1 is our year-end closeout budget appropriation. The general nature of these changes are to -- so that our budget appropriation is in accordance with the closing of the CAFR (Comprehensive Annual Financial Report) financial statements. There is no additional general fund appropriations in this ordinance change. However, we are appropriating all of the grants that the City has accepted between the last budget amendment and the end of the '05 fiscal year. The general change -- hold on one second. You'll notice that our appropriation bottom line is the same in the general fund, 472,777,246; our special revenue has gone from 220,104,499 to 252,574,393, and also -- and that includes -- and our debt service has increased from 40, 854, 556 to 47, 845, 553. Chairman Gonzalez: All right. Commissioner Spence -Jones: I didn't have any issue at all on what you presented, Larry, but I do want to just get clarification. The first series of the bonds for all the capital improvements, that's not something that you necessarily handle, correct? Mr. Spring: No. That item -- those discussions -- those items will be brought as our capital -- part of our capital appropriation, which is brought as a separate document to this Commission, and our CIP (Capital Improvements Program) Department would be generally responsible; of course, working with our CFO (Chief Financial Officer) -- Commissioner Spence -Jones: OK. Just so that I -- City of Miami Page 68 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Mr. Spring: -- on those items. Commissioner Spence -Jones: -- clarity, do we know when -- Ms. City Manager, do we know when we're looking -- how often do we get like a briefing on, you know -- as Larry does, you know, the -- his briefings on where we are on the budget, how often do we get briefings on where we are regarding the capital improvement -related expenditures for the first series? Because I know, at one time, there was a issue or a concern about us being able to meet our obligations, and I know that there's projects that clearly that out -- from my district, that I want to have happen in the second series of bonds, but there's things that still have not been completed for the first series. How often do we get briefings, like Larry comes to brief us in -- we kind of have a sense of what's happening from a financial standpoint, but not really on -- so who does that? Linda Haskins (Deputy City Manager/Chief Financial Officer): That's handled by the Capital Improvements division -- Commissioner Spence -Jones: And how often -- how -- Ms. Haskins: -- and there is an annual appropriations ordinance, and there is to be an annual presentation to the Commission for capital improvements plan. My understanding is that something is coming in May before the Commission -- Commissioner Spence -Jones: OK. Ms. Haskins: -- and that's still being worked on, but my understanding is something's coming in May on that. Commissioner Spence -Jones: And if by chance some of those projects that are -- that was supposed to happen in the first series -- I'm just putting it out there -- that we were -- we have not been able to move or make happen or whatever the case may be, are we able to then relook at possible projects that was going to happen in the second series of bonds to --? Ms. Haskins: That is the process that they have gone through to expedite the spending of the first series of the homeland defense bonds, and to, wherever possible, move projects from first series to second series, and they can certainly include in their presentation a briefing on that, on what's been moved first series, second series, and as part of the briefings to the Commissioners before the meetings, they can be prepared to discuss that. Commissioner Spence -Jones: If I can get just get before -- thank you, Larry. I'm sorry about that. I just wanted to be clear when you were giving me the briefing on that, I keep wondering like where's the budget for the capital improvement expenditures, so are you saying to me, Ms. City Manager, that it's coming to us in May? Ms. Haskins: That is my understanding. Commissioner Spence -Jones: OK. Is there any way I can get confirmation on that from the capital improvements person regarding that? Ms. Haskins: I will find Mary -- Commissioner Spence -Jones: Because I've been asking. Ms. Haskins: -- and get that confirmation, OK. Commissioner Spence -Jones: All right, thank you. City of Miami Page 69 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Chairman Gonzalez: All right. Do I have a motion on -- Priscilla A. Thompson (City Clerk): I'm sorry. Chairman Gonzalez: -- approving the -- Ms. Thompson: Chair -- Chairman Gonzalez: Pardon me? Ms. Thompson: Chairman Gonzalez -- Commissioner Spence -Jones: You only have two. Ms. Thompson: -- I'm sorry. Emergency ordinance, four -fifth vote. Chairman Gonzalez: Oh, this is an emergency ordinance. All right. We need another Commissioner here. Mr. Spring: Go get him. Commissioner Sanchez: He's coming back. Hold on. Unidentified Speaker: Mr. Chairman, are you taking any public input on this? Commissioner Spence -Jones: It's a public hearing, right? Chairman Gonzalez: Can we take public input? Commissioner Sanchez: Oh, is this a public hearing, Madam Attorney? Chairman Gonzalez: It's a closeout item. Commissioner Spence -Jones: Yeah. Chairman Gonzalez: Is this a public -- Julie O. Bru (Assistant City Attorney): It's not a public hearing. Commissioner Spence -Jones: It's not? Chairman Gonzalez: It's not a public hearing? Ms. Bru: No. Chairman Gonzalez: No. Commissioner Spence -Jones: No. Chairman Gonzalez: I'll tell you what, why don't we take -- Mr. Spring: Here he is. Chairman Gonzalez: -- SR (second reading) -- oh, OK. All right. Do we have a motion on this? City of Miami Page 70 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Sanchez: So moved. Vice Chairman Winton: Second. Chairman Gonzalez: OK. We have a motion and we have a second. All in favor, say "aye." Ms. Thompson: It's an ordinance. It's an ordinance. Ms. Bru: We have to read -- Chairman Gonzalez: An ordinance. Ms. Bru: -- the ordinance. Chairman Gonzalez: I'm sorry, it's an ordinance. Madam City Attorney. Ms. Bru: Mr. Chairman. The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Gonzalez: Roll call, please. Ms. Thompson: First roll call. Second roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: The ordinance has been adopted as an emergency measure, 4/0. City of Miami Page 71 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 ORDINANCE - SECOND READING SR.1 06-00463 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), APPROVING (SUBJECT TO THE RECEIPT BY THE CITY OF MIAMI AND CLEARANCE OF THE PAYMENT SET FORTH HEREIN BY SEPTEMBER 30, 2006) THE TERMINATION OF THAT CERTAIN 37-YEAR FRANCHISE AGREEMENT BY AND BETWEEN THE CITY OF MIAMI ("CITY") AND TECO THERMAL SYSTEMS, INC., FORMERLY KNOWN AS FPL THERMAL SYSTEMS, INC. (TECO THERMAL"), AS SUCCESSOR IN INTEREST OF FPL ENERGY SERVICES, INC.; PROVIDING FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF AN ENERGY EFFICIENT DISTRIBUTION SYSTEM IN THE PUBLIC RIGHT-OF-WAY OF THE SERVICE AREA AS DESCRIBED IN SAID FRANCHISE AGREEMENT; PROVIDING FURTHER THAT NO TERMINATION SHALL OCCUR UNTIL THE CITY HAS RECEIVED AND CLEARED BY SEPTEMBER 30, 2006, THE PAYMENT OF ONE MILLION, ONE HUNDRED THOUSAND DOLLARS FROM TECO THERMAL; CONTAINING A RESERVATION OF THE CITY'S RIGHTS IF NO TERMINATION; A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-00463 FR/SR Legislation.pdf 06-00463 FR/SR Exhibit 1.pdf 06-00463 FR/SR Exhibit 2.pdf 06-00463 FR/SR Exhibit 3.pdf 06-00463 FR/SR Exhibit 4.pdf 06-00463 FR/SR Exhibit 5.pdf 06-00463 FR/SR Exhibit 6.pdf 06-00463 FR/SR Exhibit 7.pdf 06-00463 FR/SR Exhibit 8.pdf 06-00463 FR/SR Exhibit 9.pdf 06-00463 FR/SR Exhibit 10.pdf 06-00463 SR Summary Form.pdf 06-00463 FR Summary Form.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado 12789 Chairman Gonzalez: All right. SR.1, it's also an ordinance. SR.1, Public Works. Stephanie Grindell: Stephanie Grindell, director of Public Works. SR.1 is an ordinance approving the termination of the franchise agreement between the City of Miaini and TECO (Tampa Electric Company) Thermal Systems in exchange for a negotiated termination fee of $1.1 million. Chairman Gonzalez: All right. This is not an emergency ordinance, right? All right. Commissioner Sanchez: So moved. It's -- City ofMiami Page 72 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 Chairman Gonzalez: OK. Commissioner Sanchez: -- on second reading. Chairman Gonzalez: We have a motion. Commissioner Spence -Jones: I just -- before I second it, I just want to just be clear. TECO, I wanted to commend you for -- from the last -- from the first time going out to clean up that additional site that you have in Overtown. The wall definitely looks better next to our brand-new affordable houses, and I look forward to seeing the greenery that you're going to put on top, and I thank you for removing the barbed wire. Thanks, so I second it. Chairman Gonzalez: You second it? OK, we have a motion and we have a second. All in favor, say "aye." Commissioner Sanchez: No. It's an ordinance, ordinance. Chairman Gonzalez: I'm sorry, it's an ordinance. Madam City Attorney. Julie O. Bru (Assistant City Attorney): Chairman. The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. City of Miami Page 73 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 ORDINANCE - FIRST READING FR.1 06-00596 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Fire -Rescue 19/SECTION 19-14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FIRE PROTECTION/FIRE RECORDS, REPORTS AND PHOTOGRAPHS," TO ESTABLISH A FEE FOR OBTAINING FIRE RECORDS OR PHOTOGRAPHS IN DVD FORM AS AN ADDITIONAL OPTION; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-00596 FR/SR Legislation.pdf 06-00596 FR/SR Summary Form.pdf 06-00596 FR/SR E-mail.pdf 06-00596 FR/SR Miami Code.pdf Motion by Vice Chairman Winton, 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 Chairman Gonzalez: All right. FR.1. Commissioner Sanchez: Fire Department. Chairman Gonzalez: Fire Department. Commissioner Sanchez: All right. Deputy Chief Maurice Kemp: Deputy Chief Kemp, Miami Fire Department. This is an ordinance to change the City Code to allow us to sell to the public, in DVD (Digital Video Disk) or CD (Computer Disc) form, what we already give them in hard copy. Vice Chairman Winton: So moved. Chairman Gonzalez: All right. We have a motion. Commissioner Sanchez: Second. Chairman Gonzalez: Second. It's an ordinance. The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. City ofMiami Page 74 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 RESOLUTION RE.1 06-00446 RESOLUTION Department of "INCOMPLETE (CHANGES NECESSARY) - PENDING FINAL REVIEW AND Purchasing APPROVAL BY CITY ATTORNEY." A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PROCUREMENT OF HOMELAND SECURITY EQUIPMENT, PUBLIC SAFETY EQUIPMENT AND RELATED SERVICES, FROM U.S. COMMUNITIES, UTILIZING AN EXISTING U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE CONTRACT FOR HOMELAND SECURITY SOLUTIONS, #RQ06-814063-10A, EFFECTIVE THROUGH OCTOBER 8, 2008, FOR THE DEPARTMENT OF PURCHASING, TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES ON AN AS -NEEDED CONTRACT BASIS, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY U.S COMMUNITIES, WITH AN OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $800,000, FOR FISCAL YEAR 2005-2006, WITH PURCHASES FOR SUBSEQUENT FISCAL YEARS SUBJECT ONLY TO BUDGETARY APPROVAL; AUTHORIZING THE PROCUREMENT OF COMPUTERS (BRAND NAME), PERIPHERALS, SOFTWARE, AND RELATED SERVICES, FROM U.S. COMMUNITIES, UTILIZING AN EXISTING U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE CONTRACT FOR TECHNOLOGY PRODUCTS, #RQ03-605674-16A, EFFECTIVE THROUGH APRIL 30, 2006, FOR THE DEPARTMENT OF PURCHASING, TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES ON AN AS -NEEDED CONTRACT BASIS, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY U.S COMMUNITIES ,WITH AN OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $1,500,000, FOR FISCAL YEAR 2005-2006, WITH PURCHASES FOR SUBSEQUENT FISCAL YEARS SUBJECT ONLY TO BUDGETARY APPROVAL; FURTHER AUTHORIZING THE UTILIZATION (PIGGYBACKS) OF OTHER AND FUTURE U.S. COMMUNITIES CONTRACTS WITHOUT ANY FURTHER CITY COMMISSION AUTHORIZATION, UPON THE CHIEF PROCUREMENT OFFICER'S DETERMINATION THAT SAID PIGGYBACKS ARE IN COMPLIANCE WITH SECTION 18-111 OF THE PROCUREMENT CODE AND ALL PURCHASES BEING SUBJECT TO BUDGETARY APPROVAL ONLY. City ofMiami Page 75 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 06-00446 Legislation.pdf 06-00446 Summary Form.pdf 06-00446 Pricing.pdf 06-00446 Solutions.pdf 06-00446 Notice of Award of contract.pdf 06-00446 Memo of Negiations.pdf 06-00446 Notice of contract revised.pdf 06-00446 Pricing Structure.pdf 06-00446 Technology Products.pdf 06-00446 Amendment to Notice.pdf 06-00446 Revise Notice.pdf 06-00446 Acceptance Agreement.pdf 06-00446 Product Listings.pdf 06-00446 Administrative Agreement.pdf Motion by Vice Chairman Winton, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado R-06-0256 Chairman Gonzalez: RE.1. Glenn Marcos: Glenn Marcos, Purchasing director. The actual item in front of you is a piggyback of various contract under the U.S. Communities. There is actually two contracts that we're specifically ident Eying here. One is for computers; the other one has to do with Homeland Security. This item was in front of you last Commission meeting, and it was deferred by Commissioner Sanchez to this particular meeting, and this is the item, Commissioner Winton, that you were referring to that pertains to the actual cameras. Commissioner Spence -Jones: The actual cameras? Mr. Marcos: Yes, the cameras that -- Vice Chairman Winton: So explain that to me. Mr. Marcos: The actual cameras that the Police Department will be contemplating on installing throughout the City. Vice Chairman Winton: Contemplating installing what? Commissioner Spence -Jones: Throughout the City. Mr. Marcos: Throughout the City. Chairman Gonzalez: Throughout the City. Vice Chairman Winton: Oh, throughout the City, so contemplate -- but -- so is this giving them authorization in this -- to -- what are we authorizing them to do relative to cameras? I'm OK with the rest of them, but I just want to understand what's going on with cameras. Commissioner Spence -Jones: Are the cameras going to be put in public places throughout the City? City of Miami Page 76 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Deputy Chief Frank Fernandez: Good morning again, Commissioner. Frank Fernandez, deputy chief. The contract that Glenn Marcos is proposing to you today basically is authorizing us to purchase equipment, not just cameras, but anything that may fall under that contract. In particular, under that contract, they do have two vendors that would supply CCTV (Closed Circuit Television) cameras. Now, we do have a plan in place, at the direction of the Manager, to provide a camera system, a closed circuit TV (television) system throughout the downtown Brickell and Biscayne Boulevard area, and we have plans in place to expand that out through the southern part of Coconut Grove and also the northern part of Model City. It is in phases. We have about 90 percent -- 95 percent completed our initial plan. Once that plan is complete, we're going to introduce that plan, the deployment plan of the cameras, through the Manager. Once the Manager authorizes the plan, then it's at his discretion whether or not he wants to bring it before the Commission as a discussion item. I would encourage that. It is a public issue of concern. Vice Chairman Winton: Yeah. Deputy Chief Fernandez: I would encourage that. We put it out there; allow us to the opportunity -- Vice Chairman Winton: Public hearing. Deputy Chief Fernandez: -- to showcase what we're -- what we want to put, because I do believe the public would want to have an interest and say on that. Vice Chairman Winton: You bet, so from my viewpoint, I want to approve this resolution. However, I think it needs to be modified because I think the -- any move to put the cameras in place has to come back before this Commission, and what -- how you've outlined the process for doing it, I'm one hundred percent in favor of. I think we do need to get out to the public. We need to have public hearings. We need to have some debate here about it because it's a controversial issue -- Deputy Chief Fernandez: Absolutely, it is. Vice Chairman Winton: -- and you know, one day I'm a hundred percent in favor of it and the next day, I'm a hundred percent opposed to it, and I'm kind of teetering here. You know, I'm mostly (UNINTELLIGIBLE) and I'll probably teeter in favor of but I'd like to hear the public's reaction to this. It's a sensitive issue. Deputy Chief Fernandez: And Commissioner, I would encourage that. I would like to also, you know, say that we have an elaborate plan in place and we want to showcase it, so when we start installing the cameras, people know the intent of why we want to put those out there, but I would also like to add that this contract is not just for -- Vice Chairman Winton: No, I understand. Deputy Chief Fernandez: -- these overt -type of cameras. We do have a covert system that we'd like to purchase -- Vice Chairman Winton: Yes, and that's OK. Deputy Chief Fernandez: -- and that's obviously undercover. We would not want to tell the public about -- Vice Chairman Winton: Right. City of Miami Page 77 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Deputy Chief Fernandez: -- what they look like and -- Vice Chairman Winton: Right. Deputy Chief Fernandez: -- what they are -- Vice Chairman Winton: Right. Deputy Chief Fernandez: -- so I'm going to discourage -- Vice Chairman Winton: So let me -- help me here so I don't mess you up here. What I would like to modem is not give you the same authorization on the overt camera system as you have on the covert camera system, and that anything relative to the overt system is required to come back before the City Commission for approval. Deputy Chief Fernandez: Is there any way -- Vice Chairman Winton: Is that OK? Deputy Chief Fernandez: -- that we could approve that contract so it allows us the opportunity to buy equipment, but in terms of the CCTV system restricting us from purchasing until we get Commission approval, is that possible? Commissioner Spence -Jones: No. Vice Chairman Winton: Well, I'm not -- Chairman Gonzalez: I think we (UNINTELLIGIBLE) can authorize to buy them. I mean, the installation is the one that needs to be approved by -- Vice Chairman Winton: But if you buy it, we're going to have to install it. I don't want to be buying it if -- Deputy Chief Fernandez: No, no. I'm talking about other equipment that could fall -- Vice Chairman Winton: Yeah. You know, I'm OK with the contractor. I just want to carve out the -- Deputy Chief Fernandez: The CCTV. Vice Chairman Winton: -- cameras that relate to -- Deputy Chief Fernandez: Yes. Vice Chairman Winton: -- the public stuff, you know what I mean? Deputy Chief Fernandez: We agree. Vice Chairman Winton: And that's all I'm trying to carve out. I'm trying -- Commissioner Spence -Jones: So -- Vice Chairman Winton: -- to carve out nothing else. Commissioner Spence -Jones: -- Commissioner Winton, you're saying that we -- you have -- City of Miami Page 78 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 you're basically -- you support us proceeding with Glenn Marcos -- Vice Chairman Winton: On -- Commissioner Spence -Jones: -- on -- Vice Chairman Winton: -- with the -- Commissioner Spence -Jones: -- the agreement? Vice Chairman Winton: -- particular contractor, we're just carving out the piece about public cameras -- Commissioner Spence -Jones: Right -- Vice Chairman Winton: -- and they have -- we're not ob -- Commissioner Spence -Jones: -- so that part of it would come back in front of us -- Vice Chairman Winton: Yes. Deputy Chief Fernandez: Absolutely. Commissioner Spence -Jones: -- so that the public would have the opportunity to at least vet their concerns regarding it. Mr. Arriola: Let me suggest what you do is approve this with a condition that before we buy that specific camera, we have to come back in front of you -- Vice Chairman Winton: Yes. Mr. Arriola: -- to get your approval in -- Vice Chairman Winton: There you go. Mr. Arriola: -- that particular case, and I think that that would -- Vice Chairman Winton: So move. Mr. Arriola: -- that's an easy solution. Chairman Gonzalez: All right, we have a motion -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. City of Miami Page 79 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 DISCUSSION ITEM DI.1 06-00598 DISCUSSION ITEM Department of DISCUSSION CONCERNING A FINANCIAL UPDATE AND BUDGET Finance OUTLOOK. 06-00598 Summary Form.pdf DISCUSSED Chairman Gonzalez: DI.1, financial update. We already did that, right? Commissioner Spence -Jones: Yeah. Chairman Gonzalez: No? Larry Spring: This would -- Commissioners, Larry Spring, chief of Strategic Planning, Budgeting & Performance. All I want to put on the record today is that the mid year budget appropriation is being worked on right now. I'll be coming back and doing briefings with each of you, once the Manager and I have sat down and come up with our final recommendation, and that's it. Chairman Gonzalez: All right. Thank you so much. All right. We're going to stand adjourn -- Unidentified Speaker: Mr. Chair, are you taking -- Chairman Gonzalez: -- until 2:30 this afternoon. Unidentified Speaker: -- any -- Julie O. Bru (Assistant City Attorney): Chairman -- Unidentified Speaker: -- (UNINTELLIGIBLE) on this item? Commissioner Spence -Jones: Is this a -- ? Chairman Gonzalez: Beg your pardon? Unidentified Speaker: Are you taking any public input on this item? Chairman Gonzalez: No, I don't. City of Miami Page 80 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 PART B Julie O. Bru (Assistant City Attorney): Mr. Chairman. Chairman Gonzalez: Yes, ma'am. Ms. Bru: There are some items on the P&Z (Planning & Zoning) agenda that may be continued or that had been withdrawn. If there are people here, perhaps we can make an announcement so they don't come back after lunch. Chairman Gonzalez: All right, let's do that. Ms. Bru: Madam Clerk. Chairman Gonzalez: Do you know the items that are going to be defer? Priscilla A. Thompson (City Clerk): According to discussion that both the City Attorney and I had, we're un -- with the understanding that on the PZ agenda, on the PZ agenda, items number 13 and 14 will possibly be continued; item PZ.25, as well as item PZ.28 -- as you will note on the printed agenda, PZ items 29 and 30 were withdrawn, totally withdrawn by the applicant -- Ms. Bru: The applicant, yes, yes. We have -- Commissioner Spence -Jones: Can you put -- can you say the dates -- I mean -- Lourdes Slazyk (Assistant Director, Planning): Yeah. Let me -- Commissioner Spence -Jones: -- the PZ items again because it -- Ms. Thompson: OK. Commissioner Spence -Jones: -- kind of went a little fast. Ms. Slazyk: -- give you the date certains [sic]. Chairman Gonzalez: Wait a minute. Ms. Thompson: OK. Let's -- Chairman Gonzalez: Wait a minute, wait a minute. Let's keep the order here because if we all going to start talking at the same time, then we will never end up, OK? You had the floor. You were informing the Commission on the items that were going to be defer. Finish with your items, then you address the Commission, then you have the opportunity, but you know, we have to establish some control in here. Ms. Thompson: OK. Chairman Gonzalez: You said PZ.29 and PZ.30, right? Ms. Thompson: According to our printed agenda, PZ.29 and 30 were withdrawn on April 17 by the applicant/appellant. Chairman Gonzalez: OK. Ms. Thompson: OK. City of Miami Page 81 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Chairman Gonzalez: But they still withdrawn, right? Commissioner Spence -Jones: I missed all the other ones before that. That's why -- Ms. Thompson: I can repeat them if you -- not a problem. Commissioner Spence -Jones: -- and I think Commissioner Sanchez needed to hear them also. Ms. Thompson: OK, and maybe -- Chair -- Chairman Gonzalez: Yes, ma'am. Ms. Thompson: -- as we call them out, maybe Lourdes wants to go ahead and confirm; give the dates at the same time, if that would be -- Chairman Gonzalez: OK. Ms. Thompson: -- expeditious? Chairman Gonzalez: Very good. Ms. Thompson: OK. According to what we have here, PZ.13 is being continued, is that correct? Ms. Slazyk: Correct. We were asking for May 25 in order to have a new first reading. Commissioner Spence -Jones: OK. Ms. Thompson: OK. PZ -- Chairman Gonzalez: 13 and 14, right? Ms. Slazyk: 13 to May 25 and 14, we're asking for June 22 so that PZ.13 can catch up to it. Chairman Gonzalez: OK. Ms. Thompson: OK. Then we have PZ.25. Ms. Slazyk: Correct, and that we're requesting May 25. Ms. Thompson: OK. PZ.28. Ms. Slazyk: 28, until June 22. We need to get transcripts. Ms. Thompson: And that would be all that I have. The other two were withdrawn. Ms. Slazyk: Correct. Chairman Gonzalez: Is that it? Ms. Slazyk: That's it. Chairman Gonzalez: Now, any questions from the Commission? Commissioner Sanchez: On PZ? City of Miami Page 82 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Chairman Gonzalez: Yeah, you're ready? Commissioner Sanchez: I'm ready. Ms. Thompson: Just -- Chairman Gonzalez: All right. Ms. Thompson: Are we taking a vote on the continuances that were requested? One vote. Chairman Gonzalez: OK. Ms. Bru: One vote. Chairman Gonzalez: Let's -- OK. We need to vote -- Commissioner Sanchez: So move. Commissioner Spence -Jones: 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: Motion carries. We will come back at 2:30, all right? Ms. Thompson: Thank you. Chairman Gonzalez: Thank you. "[Later...I" Chairman Gonzalez: OK, let me -- Madam Clerk, what items do we have pending because I step out of the dais for a few minutes, and I lost all of -- ? Ms. Thompson: According to the list I have here, we still have CA.11, PZ. 7 and 8. We've just handled 31 and 32, so we have PZ.27, 33, 34, 35, and our -- we call it Non Agenda 4, which is the Civil Service Board appointment. Commissioner Spence -Jones: Mr. Chairman, if I can take 7 and 8 now? Commissioner Sanchez: All right. Chairman Gonzalez: OK. Commissioner Sanchez: Is there any opposition to this item? Chairman Gonzalez: To what? Commissioner Sanchez: To this item that's in front of us. Is there any opposition to this item? Vice Chairman Winton: What item? Ms. Thompson: There's no -- City of Miami Page 83 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Ms. Slazyk: 7 and 8? Commissioner Regalado: Which one? Commissioner Sanchez: Oh, no, you're bringing 7 and 8? Commissioner Spence -Jones: Yeah. "[Later...]" Chairman Gonzalez: We will now begin the regular meeting, and the City Attorney will state the procedures to be followed during this meeting. Ms. Bru: Good morning, Chairman, members of the Commission, Madam Clerk. Any person who is a lobbyist must register with the City Clerk before appearing in front of the City Commission. A copy of code section about lobbyists is available in the City Clerk's office. The material in connection with each item appearing on the agenda is available for inspection during business hours at the City Clerk's office and on-line at www.miamigov.com <http://www.miamigov.com>. Formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto certain items approved by the City Commission within ten calendar days of the Commission action. The Commission may override such veto by a four -fifth vote. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item on which the appeal is based. Absolutely no cell phones, beepers, or other audible sound or ringing devices are permitted in the Commission chambers. Please silence those devices now. Any person making impertinent or slanderous remarks or who becomes unruly while addressing the Commission shall be barred from further attending Commission meetings, unless permission to continue or again address the Commission is granted by a vote of the Commission. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or Commissioner are allowed. No signs or placard are allowed in the chambers. Persons exiting the Commission chamber shall do so quietly. Persons may address the City Commission on items appearing on the "public hearing" portion of the agenda and on items where public input is solicited. Persons wishing to speak should inform the City Clerk as soon as possible of the desire to speak, giving the City Clerk their names. At the time the item is heard, persons who will speak should approach the microphone and wait to be recognized. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m., or at the conclusion of the regularly scheduled agenda, whichever occurs first. The items will be heard in the numbered sequence on the agenda, except for the P&Z (Planning & Zoning) items which will begin after 10 am. Chairman Gonzalez: Thank you. "[Later...1 " Chairman Gonzalez: We will now begin the Planning and Zoning items. The City Attorney will state the procedure to be followed during this portion of the meeting. Let me address an issue during this meeting. I'm going to afford two minutes to every person that want to speak in each item. I ask you to please stick to your two minutes because I don't want to be rude; I don't want to shut off the microphone to anyone, but if I'm forced to do so, I will do it, so try to stay within your two minutes of whatever statement you want to make in any of the items that are going to be discussed this afternoon. Madam City Attorney, go ahead, please. City of Miami Page 84 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Ms. Bru: Thank you, Mr. Chairman. OK. P&Z (Planning & Zoning) items shall proceed as follows. Before the P&Z agenda is heard, all those wishing to speak will be sworn in by the City Clerk. Staff will briefly describe the request, whether an appeal, special exception, vacation, text amendment, zoning change, land use change, a MUSP (Major Use Special Permit), or other type of request and will present its recommendations. The appellant or petitioner ii'ill then present its request. The appellee, if applicable, will present its position. Members of the public will be permitted to speak on certain petitions. Petitioner may ask questions of staff, appellant, or a petitioner will be permitted to make final comments. PZ.1 06-00143a ORDINANCE Mayor's Office for Signature AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 35, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "C-1" RESTRICTED COMMERCIAL TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, INCREASING THE F.A.R. TO 2.0, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 45 SOUTHWEST 8TH AVENUE, 715, 717, 727 AND 735 SOUTHWEST 1ST STREET, AND 702 AND 720 WEST FLAGLER STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00143a Legislation.pdf 06-00143a Exhibit A.pdf 06-00143a Analysis.pdf 06-00143 & 06-00143a Zoning Map.pdf 06-00143 & 06-00143a Aerial Map.pdf 06-00143a ZB Reso.pdf 06-00143a Application & Supporting Docs.pdf 06-00143a FR Fact Sheet.pdf 06-00143a SR Fact Sheet 03-23-06.pdf 06-00143a SR Fact Sheet 04-27-06.pdf REQUEST: To Amend Ordinance No. 11000, from C-1 Restricted Commercial to C-1 Restricted Commercial with an SD-19 Designated F.A.R. Overlay District, Increasing the F.A.R. to 2.0, to Change the Zoning Atlas LOCATION: Approximately 45 SW 8th Avenue, 715, 717, 727 and 735 SW 1st Street, and 702 and 720 W Flagler Street APPLICANT(S): Simon Ferro, Esquire, on behalf of Little Havana Associates, LLC, Contract Purchaser and Amefra Corporation and New Rabar Corporation, Owner FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on January 23, 2006 by a vote of 5-3. See companion File ID 06-00143. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-19 Designated F.A.R. Overlay District, increasing the City ofMiami Page 85 Printed on 5,22,2006 City Commission Meeting Minutes April 27, 2006 F.A.R. to 2.0 for the proposed Intown Village Major Use Special Permit. 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 12801 Chairman Gonzalez: All right. Good afternoon, Lourdes. PZ.1. Priscilla A. Thompson (City Clerk): I'm sorry. Chair, may I swear in --? Chairman Gonzalez: Oh, I'm sorry. You have to swear -- Commissioner Sanchez: Swear them in. Chairman Gonzalez: -- in the -- Ms. Thompson: Yes. Chairman Gonzalez: Yeah. Ms. Thompson: Yes. May we have your attention, please? If you're in the room and you will be test Eying on any P&Z items, I do need to swear you in, so can you please stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chairman Gonzalez: PZ.1. Sorry. Go ahead. Lourdes Slazyk: All right. Thank you. For the record, Lourdes Slazyk, Planning Department. PZ.1 and 2 are companion items. PZ.1 is a change of zoning. This is for the property at 45 Southwest 8th Avenue. It's also 715, 717, 727, and 735 Southwest 1st Street, and 702 and 720 West Flagler Street. The companion item, which is PZ.2 is the Major Use Special Permit for the Intown Village project. In the first item, the zoning change is in order to add an SD-19 designated FAR (floor/area ratio) overlay district to increase the FAR to 2.0 for the proposed Major Use Special Permit. The Planning Department had initially recommended denial of this item. It was recommended for approval by the Zoning Board and passed by the City Commission first reading in February. If the City Commission were to so pass it on second reading today, the Planning Department would like to add a new condition on the Major Use Special Permit, which basically states that because of this zoning change, we would like them to record a covenant that states, "If the Major Use Special Permit is ever abandoned or expires, whatever they choose to develop here because of the increased FAR, would come back to the Planning Department for a design review using the same criteria as the original MUSP" (Major Use Special Permit). This is something to protect, in the future, with the zoning change that they can't just go, like a blank check, and do whatever they want, so -- Chairman Gonzalez: Do you agree -- Ms. Slazyk: -- that being said -- Chairman Gonzalez: -- with the condition? City of Miami Page 86 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Ms. Slazyk: -- we would recommend approval of the Major Use, which is number 2. Chairman Gonzalez: Do you agree? Simon Ferro: Yes. This is the first time we hear this, but we agree with that condition. Ms. Slazyk: OK. Chairman Gonzalez: All right. Ms. Slazyk: I'll -- Chairman Gonzalez: Let me ask -- Ms. Thompson: I'm sorry. Ms. Slazyk: -- read it when we get to 2 in the record. Commissioner Sanchez: Could you state your name for the record? Mr. Ferro: Simon Ferro, 1221 Brickell. I'm the attorney for the applicant. Chairman Gonzalez: Let me ask, is there opposition to this item? Steve Hagan: Yes. Commissioner Sanchez: Opposition. Chairman Gonzalez: I thought so. Vice Chairman Winton: Yeah. He's from the Upper Eastside. That's close to the neighborhood. Chairman Gonzalez: Huh? Commissioner Sanchez: Close to the neighborhood? Chairman Gonzalez: Very close? Vice Chairman Winton: Yeah. Chairman Gonzalez: You have -- Mr. Hagan: Chair -- Chairman Gonzalez: -- two minutes. Mr. Hagan: -- and Commission. I'm here asking -- Steve Hagan, 725 Northeast 73rd Street. I'm here asking again today the same question I put before this Commission via e-mail (electronic mail) and via phone calls to all of your offices at the last Commission meeting, and that is that all Planning and Zoning items be held at a time which is convenient for the public to be here, preferably after 6 o'clock. Chairman Gonzalez: Yeah. Mr. Hagan: It is a burden for me to be here today. It's a financial burden for me to be here City of Miami Page 87 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 today. It's a burden for everybody that has a normal job to be heard on these important issues in daylight hours, especially when there is such a huge agenda. I'd like to read to you part of a citizens' bill of rights that comes from the County. "The right to be heard. So far as the orderly conduct of public business permits, any interested person has the right to appear before the Commission or any municipal council or any county or municipal agency, board, or department for the presentation, adjustment or determination of an issue, request, or controversy within the jurisdiction of the governmental entity involved" Provided therein, nothing herein shall prohibit the Commission or any municipal consulble (phonetic) from referring a matter to a committee of each of their respective bodies to conduct a public hearing, unless prohibited by law. 'Matters shall be scheduled for the convenience of the public, and the agenda shall be divided into approximate time periods." I thought it was ironic that this morning you have from here a visiting dignitary from Spain from the Department of Justice, the Secretary of Justice for Spain, and I'm asking here to be some -- for you to hear some justice today and to defer all of these matters until after 6 p.m. so that the public could have the right to be heard. Chairman Gonzalez: Thank you. Anybody else? All right. Yes, sir. Mr. Ferro: Mr. Chairman, for the record, I'd like to point out that there was nothing mentioned about this particular item by this neighbor or this citizen. Mr. Hagan: I do have comments on this particular item, as well. Chairman Gonzalez: Well, I afforded you the opportunity to speak on the item, and then you went into something else. Mr. Hagan: I object to this item. I ask the City Attorney to read the requirements of posting on this property. Ms. Bru: Requirements. Mr. Hagan: The requirements of posting on this property for the zoning hearing and so forth. Ms. Bru: This item is properly before you, Commissioners. Ms. Thompson: We need you to turn your microphone on. Ms. Bru: This item is properly before you, Commissioners, and as far as posting, the Department can speak to that, but it is properly before you at this time. Chairman Gonzalez: Thank you. Mr. Hagan: Well, Commission, I've been told that this item has -- supposed to be posted the typical red signs that go up on a property. Commissioner Sanchez: Steve. Mr. Hagan: This involves about 12 parcels of land, and I think that that 12 parcels of land requires 12 postings. I went by the property this morning; I did not see one parcel. I went around the block three times. Now, when properties are posted in my section of the city, they're posted for the Zoning ordinance; people come to the zoning meetings. Those signs stay there sometimes months. I did not see one red sign posted on the entire block that involves that prop -- this property that we're speaking of and in terms of the -- I spoke to five people on the street. I said, did you -- did any of you see -- I asked them if they lived in the neighborhood. I said, did any of you ever see a red sign posted for this property? "No." I said, do you know that there's a 17-story building going up on this property? "No," so I challenge this Commission that, in this City of Miami Page 88 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 City of Miami, I think you need to do a little bit more in terms of involving your public in the process. We're dealing with a -- the public in Miami, we know this -- that is undereducated. A lot of renters that are uninformed of what's going on in their neighborhoods, and I think this Commission needs to take the extra step to go and inform the neighborhood of what's going on, because I went around this neighborhood today and I saw four or five buildings going up. They're are three- and four-story buildings, and to have this 17-story monstrosity come here is going to change the complexion of this neighborhood completely, and then it's -- and then you're going to hear, you know, when the cranes roll in, the construction rolls in -- Chairman Gonzalez: Time is up. Mr. Hagan: -- then the people may realize what's going on. Chairman Gonzalez: Your time is up. Thank you. You may continue with your presentation, please. Mr. Ferro: Thank you, Mr. Chair. First of all, this is -- Chairman Gonzalez: Go ahead. Mr. Ferro: -- the fifth public hearing that has -- Chairman Gonzalez: Right. Mr. Ferro: -- occurred on this item, so we believe that it's been properly noticed, properly posted, and anybody that ever needed notice has been notified, and there had been more than enough public hearings to talk about this item. Real briefly. Again, this is the second reading, second time before you. The first time it came up, we then went back to the Zoning Board for a small variance we needed. We have done substantial and material improvements to the site plan in accordance with requests from staff. We now have a positive recommendation from staff. We have agreed to the conditions that staff wanted. One of the major things we did was, we lowered the height of the buildings, and we actually have a full floor of parking underground and that is another one of the conditions that we had agreed to with staff. This is a -- going to be a very important project in this area. This is between Flagler and Southwest 1st Street and between Northwest -- Southwest 7th and 8th Avenues. It is going to be a mixed -use project. This is a project by mFm Construction and the Canyon -Johnson Urban Fund, and it is completely compatible with the area. We believe it'll be a very important project to revitalize this area, which was -- used to be called Little Vietnam -- Chairman Gonzalez: Little Vietnam. Mr. Ferro: -- Little Vietnam -- Chairman Gonzalez: That's what I was going to say: Mr. Ferro: -- and this is the first major project in this area. We believe it is compatible. We ask that you approve the application based on the Department's recommendation and on the approval recommendations of all of the other committees that have seen this application, and if you have any questions, we'll be more than happy to answer them. Mr. Robert Behar, who is the architect, is here, if you have any specific questions regarding the site plan, and Mr. Eli Drerser, representing mFm Construction. mFm Construction is a very, very active developer in the Little Havana area. They have gone into neighborhoods where nobody else had gone before. They have revitalized the area. They are pioneers in the Little Havana overlay district -- Commissioner Sanchez: So move. City of Miami Page 89 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Mr. Ferro: -- and we are four blocks from downtown Miami. We believe this will serve not only downtown Miami, but also the Civic Center and other areas which are major popu -- work and population centers. Chairman Gonzalez: All right. The public hearing is closed. I opened the public hearing. I had one speaker. The public hearing is closed. It's Commissioner Sanchez district. Commissioner. Commissioner Sanchez: Mr. Chairman, this item is in front of us on second reading. It was discussed and debated in first reading, and I am prepared to move the item. So move. Vice Chairman Winton: Second. Chairman Gonzalez: All right, we have a motion and we have a second. It's an ordinance. Madam City Attorney. Julie O. Bru (Assistant City Attorney): Mr. Chairman. The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Gonzalez: Madam City Clerk -- Ms. Thompson: Chairman -- Chairman Gonzalez: -- roll call, please. Ms. Thompson: -- before I do the roll call, I just want to make clear for the record, Lourdes did mention conditions, so am I -- Ms. Slazyk: But that -- Commissioner Sanchez: With conditions. Ms. Slazyk: Well, no -- Chairman Gonzalez: With conditions. Ms. Thompson: So this modi -- Ms. Slazyk: No, no. Ms. Thompson: Thank you. Ms. Slazyk: PZ.2 is the one with the conditions. This is the change of zoning. The Major Use will have a condition, and I'll read it after this vote. Ms. Thompson: So there's no modification -- Ms. Slazyk: No. Ms. Thompson: -- to the ordinance? Ms. Slazyk: No. Chairman Gonzalez: All right. City of Miami Page 90 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Ms. Thompson: Thank you. 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.2 06-00143 RESOLUTION "INCOMPLETE (CHANGES NECESSARY) - PENDING FINAL REVIEW AND APPROVAL BY CITY ATTORNEY." A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE INTOWN VILLAGE PROJECT, TO BE LOCATED AT APPROXIMATELY 45 SOUTHWEST EIGHTH AVENUE, 715, 717, 727 AND 735 SOUTHWEST 1ST STREET, AND 702 AND 720 WEST FLAGLER STREET, MIAMI, FLORIDA, TO CONSTRUCT TWO APPROXIMATE 202-FOOT, 19-STORY HIGH MIXED -USE STRUCTURES TO BE COMPRISED OF APPROXIMATELY 395 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 33,000 SQUARE FEET OF RETAIL SPACE AND 34,000 SQUARE FEET OF ADDITIONAL ACCESSORY COMMERCIAL USES; AND APPROXIMATELY 660 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 ofMiami Page 91 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 06-00143 Outside Cover.PDF 06-00143 Inside Cover.PDF 06-00143 Table of Contents.PDF 06-00143 Article I - Project Information.PDF 06-00143 Letter of Intent.PDF 06-00143 Major Use Special Permit Application.PDF 06-00143 Zoning Write-Up.PDF 06-00143 Zoning Atlas.PDF 06-00143 Project Data Sheet.PDF 06-00143 Deeds.PDF 06-00143 Ownership List.PDF 06-00143 State of Florida Documents.PDF 06-00143 Owner Authorization Letter.PDF 06-00143 Directory of Project Principals.PDF 06-00143 Article II - Project Description.PDF 06-00143 Article III - Supprting Documents.PDF 06-00143 Minority Construction Employment Plan.PDF 06-00143 Traffic Impact Analysis.PDF 06-00143 Site Utility Study.PDF 06-00143 Economic Impact Study.PDF 06-00143 Survey of Property.PDF 06-00143 Drawings Submitted.PDF 06-00143 Legislation (Version 1).pdf 06-00143 Exhibits A & B.pdf 06-00143 MUSP Analysis.pdf 06-00143 & 06-00143a Zoning Map.pdf 06-00143 & 06-00143a Aerial Map.pdf 06-00143 School Impact Review Analysis.pdf 06-00143 PAB Reso.pdf 06-00143 MUSP Fact Sheet 03-23-06.pdf 06-00143 Variance Fact Sheet.pdf 06-00143 Variance Analysis.pdf 06-00143 ZB Reso.pdf 06-00143 Variance Application & Supporting Docs.pdf 06-00143 Legislation (Version 2).pdf 06-00143 MUSP Fact Sheet 04-27-06.pdf REQUEST: Major Use Special Permit for the Intown Village Project LOCATION: Approximately 45 SW 8th Avenue, 715, 717, 727 and 735 SW 1st Street, and 702 and 720 W Flagler Street APPLICANT(S): Simon Ferro, Esquire, on behalf of Little Havana Associates, LLC, Contract Purchaser and Amefra Corporation and New Rabar Corporation, Owner FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on February 1, 2006 by a vote of 4-1. ZONING BOARD: Recommended approval of the Variance on April 10, 2006 by a vote of 9-0. See companion File ID 06-00143a. City ofMiami Page 92 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 *See supporting documentation. PURPOSE: This will allow the development of the Intown Village project. Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0257 Chairman Gonzalez: PZ 2. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.2, let me just read -- this one will have a modification, based on the approval of the change of zoning. We're adding an additional condition to the Major Use Special Permit that states "within 60 days of the effective date of this resolution, the applicant shall submit a recorded covenant -- recordable covenant subject to review and approval by the City Attorney, which states that in the event that this Major Use Special Permit expires or is abandoned, any development or redevelopment of this property shall require design review and approval by the Planning Director, utilizing the same criteria as the original MUSP (Major Use Special Permit). Chairman Gonzalez: All right. Go ahead, please. Simon Ferro: We accept that condition. Chairman Gonzalez: OK. Commissioner Sanchez: So move, as modified. Chairman Gonzalez: OK. Vice Chairman Winton: Second. Chairman Gonzalez: We have a motion and we have a second. A public hearing. Anyone from the public that wants to address this item? Seeing none, hearing none, the public hearing is closed. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Mr. Ferro: Thank you all very much. Chairman Gonzalez: Thank you. PZ.3 05-01505 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 26 NORTHWEST 30TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTI -FAMILY RESIDENTIAL" TO "GENERAL COMMERCIAL;" MAKING FINDINGS; City ofMiami Page 93 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-01505 Legislation.pdf 05-01505 & 05-01505a Exhibit A.pdf 05-01505 Analysis.pdf 05-01505 Land Use Map.pdf 05-01505 & 05-01505a Aerial Map.pdf 05-01505 School Impact Review Analysis.pdf 05-01505 PAB Reso.pdf 05-01505 Application & Supporting Docs.pdf 05-01505 FR Fact Sheet.pdf 05-01505 Letter Lougheed.pdf 05-01505 Letter Vargas.pdf 05-01505 SR Fact Sheet.pdf 05-01505 Submittal.pdf REQUEST: To Amend Ordinance No. 10544, from "Medium Density Multi -Family Residential" to "General Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 26 NW 30th Street APPLICANT(S): Javier F. Avino, Esquire, on behalf of 2994 North Miami Avenue, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial due to the failure to obtain the required five affirmative votes in favor to City Commission on November 16, 2005 by a vote of 3-2. See companion File ID 05-01505a. PURPOSE: This will change the above property to General Commercial. Motion by Commissioner Spence -Jones, 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 12791 Chairman Gonzalez: OK. Go ahead with 3 and 4, please. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 3 and 4 is a request for a change of land use and zoning for the property at 2994 North Miami Avenue. The request is to go from medium density multifamily residential, which is R-3, to a C-2, which is a general commercial land use classification. It was passed by the City Commission first reading on March 23. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public? Seeing none, hearing none, Lucia, go ahead. Lucia Dougherty: Good afternoon, Mr. Chair, members of the board. My name is Lucia Dougherty, with offices at 1221 Brickell Avenue, here today on behalf of Kevin Peters and Miami Divers, which is a really interesting business that's at 30th Street and North Miami Avenue. You all heard this last time. I know that Johnny Winton wasn't here, so I'll just make a City ofMiami Page 94 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 brief presentation about it. Kevin has actually created a really interesting business here, and it's very unique. There are three Miami Divers throughout the world,• one in Long Beach, one in Curacao, and one here. He has invented a system which repairs boats underwater, so if Royal Caribbean has a propeller that is broken in some country outside of Miami, he flies his team of people down and they repair it underwater, and he can -- he's also invented the only seal repair mechanism for under water. I'm going to show you some photographs of the business currently, which is a warehouse business on 30th, and it has approximately four parking spaces, but he's got 25 employees, all of whom park in the neighborhood. The idea is to ask for this one rezoning so that he can actually park his employees' cars here. This is already -- has a SD-12 overlay, which allows for parking, but you can't use that SD-12 overlay because there is a 20-foot buffer, but also you can't enter it from that area. You'd have to actually cut a hole through his business in order to enter it from the commercial side, so that's an impossibility. Interestingly enough, all of this across the street is already a -- is a -- already a parking lot. I'll just show you photographs of the parking lot that goes as far deep in that neighborhood. I'll also show you another photograph, which I think is really quite interesting. This is actually a tank that is in that warehouse that he trains people from all over the world how to do underwater welding, which is pretty difficult also, so -- let's see. The neighborhood is supportive of it, and as I read at the last time -- and Commissioner Spence -Jones says, "Enough already," because they went on and on and on, but he sent another letter just to, recently, saying I support Miami Divers in its bid to convert 26 Northwest 30th Street to a private parking lot for the use of its staff and students. Miami Divers has been a part of Wynwood for 25 years. The neighborhood needs such consistency as it ventures into a period of change caused by commercial development in Midtown. By the way, this purple part that you see on this map is Midtown Miami, and (UNINTELLIGIBLE) has cooperated with Wynwood's art district; allowed young artists to exhibit in its space; has opened its doors to local students. Visit the school and observe the training facilities is important to our neighborhood; youth to seek career options such as this. Other institutions in the area should follow Miami Divers' example. Parking is necessary for Miami Divers' staff and student body. Miami Divers plan to set the back to -- to set the back of the street wall -- or the parking lot and landscape the public side is in keeping with the street's designation. One of the things that I think is of note also is that this is an R-3 district, which would allow you currently to build a 50-foot garage in connection with a residential building in the front, so it's not like -- we're only asking to park at grade parking, and you could build a 50-foot garage there anyway today, so with that, I'd urge your support. This doesn't go any further deeper into the neighbor than we have to the north. Chairman Gonzalez: All right. The public hearing was opened and closed; comes back to the Commission. Commissioner Spence -Jones: So moved. Vice Chairman Winton: Second. Chairman Gonzalez: We have a motion and we have a second. It's an ordinance. Madam City Attorney. Julie O. Bru (Assistant City Attorney): Yes. The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. City of Miami Page 95 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 PZ.4 05-01505a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 21, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT TO "C-2" LIBERAL COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 26 NORTHWEST 30TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-01505a Legislation.pdf 05-01505 & 05-01505a Exhibit A.pdf 05-01505a Analysis.pdf 05-01505a Zoning Map.pdf 05-01505 & 05-01505a Aerial Map.pdf 05-01505a ZB Reso.pdf 05-01505a Application & Supporting Docs.pdf 05-01505a FR Fact Sheet.pdf 05-01505a Letter Lougheed.pdf 05-01505a Letter Vargas.pdf 05-01505a SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from R-3 Multifamily Medium -Density Residential with an SD-12 Buffer Overlay District to C-2 Liberal Commercial to Change the Zoning Atlas LOCATION: Approximately 26 NW 30th Street APPLICANT(S): Javier F. Avino, Esquire, on behalf of 2994 North Miami Avenue, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on December 12, 2005 by a vote of 7-1. See companion File ID 05-01505. PURPOSE: This will change the above property to C-2 Liberal Commercial. Motion by Commissioner Spence -Jones, 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 12792 Chairman Gonzalez: PZ.4. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.4 is the companion. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to City ofMiami Page 96 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 address this item, please come forward. Seeing none, hearing none, the public hearing is closed. We need a motion. Commissioner Spence -Jones: So moved Vice Chairman Winton: Second. Chairman Gonzalez: We have a motion and we have a second. It's an ordinance. The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. PZ.5 05-01507 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 4350 NORTHWEST 10TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "HIGH DENSITY MULTIFAMILY RESIDENTIAL;" MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-01507 Legislation.pdf 05-01507 & 05-01507 Exhibit A.pdf 05-01507 Analysis.pdf 05-01507 Land Use Map.pdf 05-01507 & 05-01507a Aerial Map.pdf 05-01507 School Impact Review Analysis.pdf 05-01507 PAB Reso.pdf 05-01507 Application & Supporting Docs.pdf 05-01507 FR Fact Sheet.pdf 05-01507 SR Fact Sheet.pdf Second Reading REQUEST: To Amend Ordinance No. 10544, from "Medium Density Multifamily Residential" to "High Density Multifamily Residential" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 4350 NW 10th Street APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Five Properties, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission City ofMiami Page 97 Printed on 5,22,2006 City Commission Meeting Minutes April 27, 2006 on December 7, 2005 by a vote of 6-1. See companion File ID 05-01507a. PURPOSE: This will change the above property to High Density Multifamily Residential. Motion by Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones 12793 Chairman Gonzalez: PZ.5. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.5 and 6 are companion items. These are also second reading change of land use and zoning. The request here is from medium density multifamily residential to high density multifamily residential, and is the companion zoning from R-3 to R-4. This was approved by the City Commission on first reading March 23. The applicant was requested to submit some documentation regarding the height and the density limitations in the County ordinance to the City Attorney's Office and I believe those were submitted. Commissioner Sanchez: They were submitted? Ms. Slazyk: That's what I was told, they were submitted, yes. Chairman Gonzalez: All right. This is a second reading. Lucia Dougherty: Good afternoon again. Lucia Dougherty, with offices at 1221 Brickell Avenue. Again, second reading. This is a piece of property that is west of Le Jeune, in an area that desperately needs redevelopment. It is currently R-3. We are asking to go to an R-4. We had originally asked for a C-1 designation because all of this property is currently zoned C-2, and we had asked for a C-2 designation as well. It's not C-1, C-2, but then the City said -- the City staff recommended that we don't go for C-2 because that would be a commercial intrusion into a residential neighborhood, so we didn't plan on doing commercial anyway, so we amended our application to R-4. If you look at the actual area -- and this is not the map I want. We are -- this is going to be accompanied by a Major Use Special Permit, and the proposed project is located here. You will notice that the only nice projects in this entire district are actually built to an R-4 classification. This is not -- although they are zoned R-3, at some point the City downzoned them after they were built. These are all R-3, but they're nicer buildings. The current buildings -- again, this is built to an R-4 classification, not an R-3, but this is the current building that we have, and this is basically the neighborhood. Oh, here's the building. This is the current building, so basically this would be an upgrade to the neighborhood. It would be an upgrade to this particular housing stock, and probably the last housing stock you're going to have because this is the area where Dade County passed a law that you can no longer have residential. We have letters from both the County Attorney's Office, as well as the FAA (Federal Aviation Administration), saying that we'll have a limitation of 75 feet, so even though it's R-4 classification, which would allow you to have unlimited, we are limited to 75 feet, and basically, a 8-story condominium product with modest prices, so we would -- Chairman Gonzalez: So much -- Ms. Dougherty: -- urge your approval for this. Chairman Gonzalez: -- much needed for that neighborhood. That neighborhood have gone to pieces in the last few years. All right. This is a public hearing. Anyone from the public that City of Miami Page 98 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 wants to address this item, please come forward. Seeing none, hearing none, the public hearing is closed. I'm going to pass the gavel to the Vice Chairman. This is a project in my district, and as I said, this area needs some revitalization because it has gone downhill in the last 10, 15 years incredibly. I mean -- whomever went by that neighborhood 15 years ago and go by there now, see that it has gone to pieces, so I'm ready to move this item for approval. Commissioner Sanchez: Second. Vice Chairman Winton: We have a motion and a second on PZ.5. Commissioner Sanchez: Discussion on the item. Chairman Gonzalez: It's an ordinance. Vice Chairman Winton: Discussion. Yes, sir. Commissioner Sanchez: This would still have to go to the County and be approved by the County on the height for the airport, right? Chairman Gonzalez: Right. Ms. Dougherty: We do have to get a variance from the County as well. Commissioner Sanchez: OK, and what was the concern with the City? The City's concern was what, there was an intrusion of a high intensity development into the residential area? Ms. Slazyk: Right, because this is -- even though there are buildings within the R-3 that are grandfathered, at an R-4 there's always potential for more. I think the letter from the County limiting the height to 75 feet is probably an appropriate mitigation for here, but try to imagine an unlimited height in that -- you know, when you're dealing with a strict land use and zoning classification, that's where the concern was. Commissioner Sanchez: Yeah, I don't think the County's going to allow -- Ms. Slazyk: No. Commissioner Sanchez: -- unlimited height -- Ms. Slazyk: No, I don't think so. Chairman Gonzalez: Of course not. Commissioner Sanchez: -- so -- but it's just been my practice that I usually don't vote on something when it has straight across-the-board denial, but based on the testimony heard, I am prepared to support it. Vice Chairman Winton: Did you open it? Did you do the public hearing already? Commissioner Sanchez: Yeah. Vice Chairman Winton: You did? OK. Now, we have a motion and a second. Chairman Gonzalez: Right. It's an ordinance. Vice Chairman Winton: And your comment -- and I'd like to comment also and kind of echo City of Miami Page 99 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 what Commissioner Sanchez said because as you can see my little notes here in the margin, I wrote "no." I wasn't at the last Commission meeting because I was at the MPO (Metropolitan Planning Organization) board meeting and for the very same reasons, and if you all remember, I was here at the last part of the meeting, and I said at the last part -- there were a lot of items on the last P&Z (Planning & Zoning) agenda that, in my initial response, I wrote "no" to because they were all upzoning, and I said, you know, the more we upzone, the more we encourage developers to come to us for upzoning, and the more your upzone, the less the probability is that you're going to end up with affordable housing, because any seller says, "Heh, I don't care what it's zoned right now. I'm going to sell it because it's going to require higher zoning because I know you can go before the City Commission and get it zoned," and so -- and then when you look at the aerial -- and I knew what the zoning was, but the fact that this really is principally in keeping with a lot of the surrounding because of the height limit here -- Ms. Slazyk: Exactly. Vice Chairman Winton: -- and you end up with this product, which is light years better, and we used to own an apartment property not far from there 15 years ago and it was a great neighborhood, and you go in that neighborhood, it's -- it has really, really -- Chairman Gonzalez: Gone down -- Vice Chairman Winton: -- gone down -- Chairman Gonzalez: -- completely. Vice Chairman Winton: -- and so this is a neighborhood that needs a jump start -- Chairman Gonzalez: Yeah. Vice Chairman Winton: -- and this is one of those kind of catalytic projects, I think, that justifies our upzoning because I think it can provide the jump-start that you really need in an area like that. Chairman Gonzalez: Not only start on other people building new buildings, but maybe this motivate people to even -- that own property there now to even paint -- Vice Chairman Winton: Clean them up. Chairman Gonzalez: -- and -- Vice Chairman Winton: Right. Chairman Gonzalez: -- clean them up, and you know, do landscaping and try to improve the neighborhood because the neighborhood, as you said, it has gone downhill -- Vice Chairman Winton: Right. Chairman Gonzalez: -- incredibly. I mean -- Vice Chairman Winton: OK. Any other comments on PZ. S? If not, would you read the ordinance, please? Julie O. Bru (Assistant City Attorney): Yes. The Ordinance was read by title into the public record by the Assistant City Attorney. City of Miami Page 100 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 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. Ms. Dougherty: Thank you very much, and you'll be seeing this in about two months for the Major Use Special Permit. PZ.6 05-01507a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 27, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "R-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 4350 NORTHWEST 10TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-01507a Legislation.pdf 05-01507 & 05-01507 Exhibit A.pdf 05-01507a Analysis.pdf 05-01507a Zoning Map.pdf 05-01507 & 05-01507a Aerial Map.pdf 05-01507a ZB Reso.pdf 05-01507a Application & Supporting Docs.pdf 05-01507a FR Fact Sheet.pdf 05-01507a SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from R-3 Multifamily Medium -Density Residential to R-4 Multifamily High -Density Residential to Change the Zoning Atlas LOCATION: Approximately 4350 NW 10th Street APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Five Properties, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended of denial to City Commission on January 9, 2006 by a vote of 7-2. See companion File ID 05-01507. PURPOSE: This will change the above property to R-4 Multifamily High -Density Residential. Motion by Chairman Gonzalez, 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 City ofMiami Page 101 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 12794 Lourdes Slazyk (Assistant Director, Planning & Zoning): Well, PZ.6 is the companion. We still have to -- Vice Chairman Winton: So what does that mean? PZ.6 is -- Chairman Gonzalez: PZ.6. Ms. Slazyk: We still -- well, we just did 5. We have to do 6 -- Vice Chairman Winton: Yeah. Ms. Slazyk: -- which is their companion. Vice Chairman Winton: OK. Chairman Gonzalez: All right. You might want to open the public hearing and see -- no, no. You -- Vice Chairman Winton: Oh, I'm -- Chairman Gonzalez: -- -- handle it because -- Vice Chairman Winton: -- keeping the gavel. PZ.6. This is a public hearing. Anyone from the public would like to comment on PZ.6? Anyone from the public? Apparently not. We will close the public hearing. Vice Chairman Winton: Chairman Gonzalez: I'll move PZ.6, Mr. Chairman. Vice Chairman Winton: We have a motion -- Commissioner Sanchez: Second. Vice Chairman Winton: -- and a second on PZ.6. Discussion. No discussion. Chairman Gonzalez: It's also an ordinance. Vice Chairman Winton: Yes. Madam City Attorney, would you read the ordinance, please? Julie O. Bru (Assistant City Attorney): Yes. The Ordinance was read by title into the public record by the Assistant City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Dougherty: Thank you very much. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. Chairman Gonzalez: All right. PZ. 7 and 8 are going to be defer for later on this afternoon. City of Miami Page 102 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Spence -Jones: Yeah, until the last (UNINTELLIGIBLE). PZ.7 05-01555 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 221 NORTHWEST 38TH STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "GENERAL COMMERCIAL;" MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-01555 Legislation.pdf 05-01555 & 05-01555a Exhibit A.pdf 05-01555 Analysis.pdf 05-01555 Land Use Map.pdf 05-01555 & 05-01555a Aerial Map.pdf 05-01555 PAB Reso.pdf 05-01555 Application & Supporting Docs.pdf 05-01555 FR Fact Sheet 02-23-06.pdf 05-01555 FR Fact Sheet 03-23-06.pdf 05-01555 SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to "General Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 221 NW 38th Street APPLICANT(S): Alejandro C. Trasobares, Gregory M. Wood and Carlos Nunez, Owners FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 21, 2005 by a vote of 7-0. See companion File ID 05-01555a. PURPOSE: This will change the above property to General Commercial. Motion by Commissioner Spence -Jones, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado 12799 Commissioner Spence -Jones: Mr. Chairman, can I take 7 and 8? Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: Thank you, and I apologize for keeping you waiting. One of the residents asked to put it later on in the calendar, butt appreciate your patience. City ofMiami Page 103 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 Vice Chairman Winton: Hey, I've had people here since first thing this morning -- Chairman Gonzalez: This morning, yeah. Commissioner Spence -Jones: I know. Vice Chairman Winton: -- and they're last. Commissioner Spence -Jones: I know. Chairman Gonzalez: PZ. 7 and P -- OK, PZ. 7. Commissioner Spence -Jones: Is there staff here for --? Chairman Gonzalez: Lourdes, PZ. 7. This is second reading, isn't it? Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. Chairman Gonzalez: Yeah. Ms. Slazyk: -- PZ. 7 and 8 -- Unidentified Speaker: Yes. Ms. Slazyk: -- are second reading of a land use and zoning change. These were recommended for approval by the Planning Department. The property address is 221 Northwest 38th Street. It was also recommended for approval by the Planning Advisory Board and the Zoning Board, and approved by the City Commission first reading. Chairman Gonzalez: All right. Anyone in opposition or anyone that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed. Commissioner Spence -Jones. Commissioner Spence -Jones: So moved. Vice Chairman Winton: Second. Chairman Gonzalez: We have a motion and we have a second. It's an ordinance. Madam City Attorney, read the ordinance, please. Julie O. Bru (Assistant City Attorney): OK, I'm trying to find the ordinance. Chairman Gonzalez: PZ.7. Ms. Bru: PZ. 7. Hold on a second. Vice Chairman Winton: You want to borrow mine? Ms. Bru: I had to go back to the other book. Vice Chairman Winton: Want to borrow my ordinance? Ms. Bru: Here we go. City of Miami Page 104 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Vice Chairman Winton: I'll give you something to read. The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3/0. PZ.8 05-01555a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 16, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "C-2" LIBERAL COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 221 NORTHWEST 38TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-01555a Legislation.pdf 05-01555 & 05-01555a Exhibit A.pdf 05-01555a Analysis.pdf 05-01555a Zoning Map.pdf 05-01555 & 05-01555a Aerial Map.pdf 05-01555a ZB Reso.pdf 05-01555a Application & Supporting Docs.pdf 05-01555a FR Fact Sheet 02-23-06.pdf 05-01555a FR Fact Sheet 03-23-06.pdf 05-01555a SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-2 Liberal Commercial to Change the Zoning Atlas LOCATION: Approximately 221 NW 38th Street APPLICANT(S): Alejandro C. Trasobares, Gregory M. Wood and Carlos Nunez, Owners FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on January 23, 2006 by a vote of 7-1. See companion File ID 05-01555. PURPOSE: This will change the above property to C-2 Liberal Commercial. Motion by Commissioner Spence -Jones, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 105 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado 12800 Note for the Record: Please refer to Item PZ. 7 for minutes referencing Item PZ.8. Chairman Gonzalez: PZ.8. Lourdes Slazyk (Assistant Director, Planning & Zoning): 8 is a companion. Vice Chairman Winton: Public hearing. Chairman Gonzalez: OK. It's also public hearing. Anyone from the public that wants to address the Commission on this item, please come forward. Seeing none, hearing none, the public hearing is closed -- Commissioner Spence -Jones: So moved. Chairman Gonzalez: -- comes back -- Vice Chairman Winton: Second. Chairman Gonzalez: -- to the Commission. We have a motion and we have a second. It's also an ordinance. Madam City Attorney. The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3/0. Chairman Gonzalez: Thank you. PZ.9 05-01514 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 36, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "SD-16.2" SOUTHEAST OVERTOWN-PARK WEST COMMERCIAL -RESIDENTIAL DISTRICTS TO "SD-16.2" SOUTHEAST OVERTOWN-PARK WEST COMMERCIAL -RESIDENTIAL DISTRICTS WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, INCREASING THE F.A.R. TO 4.6, FOR THE PROPERTY LOCATED AT APPROXIMATELY 530 NORTHWEST 1ST COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 106 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 05-01514 Legislation.pdf 05-01514 Exhibit A.pdf 05-01514 Analysis.pdf 05-01514 Zoning Map.pdf 05-01514 Aerial Map.pdf 05-01514 ZB Reso.pdf 05-01514 Application & Supporting Docs.pdf 05-01514 FR Fact Sheet 01-26-06.pdf 05-01514 FR Fact Sheet 02-23-06.pdf 05-01514 Articles.pdf 05-01514 SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from SD-16.2 Southeast Overtown-Park West Commercial -Residential Districts to SD-16.2 Southeast Overtown-Park West Commercial -Residential Districts with an SD-19 Designated F.A.R. Overlay District, Increasing the F.A.R. to 4.6 to Change the Zoning Atlas LOCATION: Approximately 530 NW 1st Court APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Urbana Development, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on December 12, 2005 by a vote of 8-0. PURPOSE: This will change the above property to SD-16.2 Southeast Overtown-Park West Commercial -Residential Districts with an SD-19 Designated F.A.R. Overlay District, increasing the F.A.R. to 4.6. Motion by Commissioner Spence -Jones, 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 12795 Chairman Gonzalez: Let's do PZ.9. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.9 is a second reading ordinance. This is a change of zoning for the property at approximately 530 Northwest 1st Court. This is a second reading. It is in order to add the SD-19 overlay to this property. It is in the Southeast Overtown/Park West special district, and the FAR (floor/area ratio) is to 4.6. It was passed by the City Commission first reading on March 23. Vice Chairman Winton: What is this allowing? Ms. Slazyk: This is a little bit of an increase in an FAR. They did do a presentation at first reading. I believe you'll see it again now. The Department had originally recommended denial, not because we think there's anything wrong with the project. You know, it's quite the contrary. It's a good project for this area, and a new office building. It was the SD-19 as a precedent to do City ofMiami Page 107 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 it, but the project is a great project for the redevelopment area. Vice Chairman Winton: OK. Chairman Gonzalez: Very good. Lucia. Lucia Dougherty: Yes, sir. Thank you. Mr. Chairman, members of the Commission, Lucia Dougherty, offices at 1221 Brickell Avenue. I'm here today on behalf of the owners and applicant. With me is George -- Jorge Arevalo, as well as Takis Metropoulos, who are the owners of the property. It is a property that -- the reason we're asking for the SD-19 is because this is an office product, as opposed to a residential product. In other words, when you do an office product, none of the things that are excluded from FAR (floor/area ratio) for a residential product are excluded, so for your example, your restaurants, which would be excluded in a residential project, your gymnasium, many of your product -- many of the things that would otherwise be excluded in a residential project are included in FAR, so basically, this is a -- roughly equivalent. If you didn't give it to us, we would lose two floors. We think it's absolutely necessary for this office product. This is no more FAR than you have on your office product on Brickell Avenue, so it is a beautifully designed project, as you can see it right here. This is the -- it is catty -corner from the City's jail. I mean -- excuse me -- the City's Police Department, which is right here. It is right next to the Metrorail parking garage and the parking garage for the HRS (Health and Rehabilitative Services) building, which is right here. Here's your City Police Department, and here's the charter school, I-95, so we believe that -- and it's really unusual, but we have two office products on today's agenda, which is, you know, just recently happening again, thank goodness. It's not everything is being residential product, and in order to make this a viable office product, we really need the FAR to be roughly equivalent to the same FAR that you could have for residential because you have so many bonus in the residential, so with that, we'd urge your approval. Oh, by the way, here's something that's interesting. Here's the brand-new federal courthouse. There's a new office building that is going up right here. This is -- the photograph is not here, but it's actually up already, a new -- Vice Chairman Winton: That's the County building. Ms. Dougherty: -- the new County building, so there's lots of people out here working, who didn't used to be here. I mean, there are people working in the courthouses. There are lawyers downtown, so this is actually -- and we have 200 people on the waiting list. We've sold out. This is an office condo, so we have two people -- 200 people already given checks to our real estate brokers waiting for this office product, so -- Chairman Gonzalez: Incredible. Commissioner Spence -Jones: In Overtown? Ms. Dougherty: In Overtown, yes, ma'am. Vice Chairman Winton: Third Avenue Business Corridor. Ms. Slazyk: Yeah. Ms. Dougherty: So we'd urge your approval -- Vice Chairman Winton: Wow. Ms. Dougherty: -- of this SD-19 overlay. Vice Chairman Winton: I'm shocked (UNINTELLIGIBLE). City of Miami Page 108 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to address this item, please come forward. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Commissioner Spence -Jones. Commissioner Spence -Jones: What -- as you know, last Commission meeting, I definitely supported the project and I continue to support the project, so I'm going to go ahead and move it, but I do want to just put a couple of things on the record. Vice Chairman Winton: I'll second the motion -- Commissioner Spence -Jones: OK. Vice Chairman Winton: -- for discussion. Commissioner Spence -Jones: Thank you. With all the great things that we're getting ready to do in the Overtown area and with the CRA (Community Redevelopment Agency), especially my fellow colleagues, I think that this is definitely going to be a step in the right direction. With all of the emphasis now being placed on affordable housing and work force housing throughout the City, we have to start figuring out ways to attract businesses or companies to the area in order to even fill the housing stock that we're going to find ourselves with, so I definitely support a project like this happening. I understand that there's some great retail things happening on the bottom of it, which will provide, hopefully, some job opportunities for local residents in the area. I just wanted to make sure, from a staffer standpoint, I think my concern -- and I just want to make sure that we include in there -- I know I'm approving today -- Ms. Slazyk: The zoning. Commissioner Spence -Jones: -- these items, right? The zoning item. I just want to make sure, as we move ahead, because I'm sure they'll come back in front of us for some sort of permit, or in front of you, is that correct, Lourdes? Ms. Slazyk: Correct. This district -- whatever they do here is going to require a Class II Special Permit, so they will be, at a minimum, going through an administrative approval. Commissioner Spence -Jones: OK. Ms. Slazyk: If it's a MUSP (Major Use Special Permit), it'll come back to you. Commissioner Spence -Jones: OK. I just want to -- I got a chance to meet the owners of the project. I think they're here. I don't know if they're here now. A young couple that actually owns or is involved in developing the project, and I requested for them to really make sure that we have some sort of minority participation. I think the City has some sort of minority participation plan, or they can submit -- can you speak to that to make sure that that stays very relevant, and I want to make sure -- also, there's supposed to be some sort of local hire that -- you know, agreement that's normally put in place for projects like this, especially since this is happening in Overtown. Ms. Slazyk: No, not exactly like that. What'll -- Commissioner Spence -Jones: OK. Just -- can you put it on the record so we know exactly what Ms. Slazyk: OK. City of Miami Page 109 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Spence -Jones: -- can happen? Ms. Slazyk: What happens in a Major Use Special Permit is the applicant submits to us what their minority construction plan is and what their local hiring plan is, and then -- Commissioner Spence -Jones: OK. Ms. Slazyk: -- through the special permit, we just make sure -- we tell them they have to abide by what they told us they were going to do. The City doesn't require them to have a first source hiring agreement or, you know, anything like that, but through the Class II, we're going to ask them to give us their plan and then we'll hold them to it -- Commissioner Spence -Jones: OK. Ms. Slazyk: -- and that's about the best we can do with that. Commissioner Spence -Jones: OK. Ms. Slazyk: OK. Commissioner Spence -Jones: No problem, so we are going to make sure we do that, right? Ms. Slazyk: Yes. Commissioner Spence -Jones: OK. Thanks. Commissioner Sanchez: Could -- did someone put the proffer on the record as to the FAR? Did you do that already? Ms. Slazyk: It's not a proffer. They're actually -- you're approving an SD-19 overlay to give them an FAR of 4.6. What'll happen now is they'll come in for a Class II Special Permit, and at that time, we'll put all their conditions on them. Commissioner Sanchez: OK. Ms. Slazyk: This is not a conditional approval. You're giving them their zoning. Commissioner Sanchez: You learn something new everyday. Ms. Slazyk: Yes. Chairman Gonzalez: All right, we had a motion and we had a second. It's an ordinance. Madam City Attorney. The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. Ms. Dougherty: Thank you very much. City of Miami Page 110 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 PZ.10 06-00123 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 18, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "C-2" LIBERAL COMMERCIAL TO "C-2" LIBERAL COMMERCIAL WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, INCREASING THE F.A.R. TO 2.1, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2951 NORTHWEST 36TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00123 Legislation.pdf 06-00123 Exhibit A.pdf 06-00123 Analysis.pdf 06-00123 Zoning Map.pdf 06-00123 Aerial Map.pdf 06-00123 ZB Reso.pdf 06-00123 Application & Supporting Docs.pdf 06-00123 FR Fact Sheet.pdf 06-00123 SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from C-2 Liberal Commercial to C-2 Liberal Commercial with an SD-19 Designated F.A.R. Overlay District, Increasing the F.A.R. to 2.1 to Change the Zoning Atlas LOCATION: Approximately 2951 NW 36th Street APPLICANT(S): Ben Fernandez, Esquire, on behalf of Sherman Development Company, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on January 9, 2006 by a vote of 9-0. PURPOSE: This will change the above property to C-2 Liberal Commercial with an SD-19 Designated F.A.R. Overlay District, increasing the F.A.R. to 2.1. Motion by Chairman Gonzalez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Aves: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones 12796 Chairman Gonzalez: PZ.10. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.10 is also a second reading in order to add the SD-19 overlay to the property at 2951 Northwest 36th Street, and I believe the City ofMiami Page 111 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 applicant just said their architect is not here. I don't know if he wants to present without him or ask you to table it. Commissioner Sanchez: Let's go ahead and table it, and we'll bring it back. You want to do that? Ben Fernandez: That's fine. Thank you. Chairman Gonzalez: You want to table it? Mr. Fernandez: Well, it's second reading, Mr. Chair. If you want to proceed, that's fine with us. This is an application that has received a favorable recommendation from your Zoning Board. It's a request for an SD-19 that's consistent with a prior approval down the street on 36th Street. It is a project that's going to provide housing in an area that's near the airport. We think it's a very appropriate application near Melrose Elementary School, as well as other commercial uses on 36th Street, and we would request that you approve -- Chairman Gonzalez: Well, once again -- Mr. Fernandez: -- the application. Chairman Gonzalez: -- it's a revival of Northwest 36th Street. Ms. Slazyk: Thirty -Sixth Street. Mr. Fernandez: That's correct. Priscilla A. Thompson (City Clerk): Excuse me -- Chairman Gonzalez: Allapattah. Ms. Thompson: -- Chair, we do need an identification for the record, please. Mr. Fernandez: I'm sorry. Ben Fernandez, 200 South Biscayne -- Ms. Thompson: Thank you. Mr. Fernandez: -- Boulevard. Thank you. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that want to address this item, please come forward. Seeing none, hearing none, the public hearing is closed. I'll move to approve PZ.10. Commissioner Spence -Jones: Second. Vice Chairman Winton: Got a motion and a second on PZ 10. Are they building on just that sliver or the whole lot? Chairman Gonzalez: The whole lot. Vice Chairman Winton: The whole -- that whole thing. Mr. Fernandez: The whole lot. It's the old -- next to Miami -Dade County's old emissions testing facility on 36th Street. City of Miami Page 112 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Vice Chairman Winton: Oh, in that area. Yeah. Mr. Fernandez: Yeah. It's a really great thing. It's vacant now. Vice Chairman Winton: OK. We have a motion and a second. Any other discussion? If not, read the ordinance, please. The Ordinance was read by title into the public record by the Assistant City Attorney. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. Mr. Fernandez: Thank you. PZ.11 06-00154 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 36, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "C-1" RESTRICTED COMMERCIAL TO "SD-7" CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICTS, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 621, 635 AND 645 SOUTHWEST 3RD AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00154 Legislation.pdf 06-00154 Exhibit A.pdf 06-00154 Analysis.pdf 06-00154 Zoning Map.pdf 06-00154 Aerial Map.pdf 06-00154 ZB Reso.pdf 06-00154 Application & Supporting Docs.pdf 06-00154 FR Fact Sheet.pdf 06-00154 SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from C-1 Restricted Comerical to SD-7 Central Brickell Rapid Transit Commercial -Residential Districts to Change the Zoning Atlas LOCATION: Approximately 621, 635 and 645 SW 3rd Avenue APPLICANT(S): Simon Ferro, Esquire, on behalf of Erika Enterprises, Contract Purchaser and Julia & Eddy Sabugo, Owners FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on January 23, City ofMiami Page 113 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 2006 by a vote of 5-3. PURPOSE: This will change the above properties to SD-7 Central Brickell Rapid Transit Commercial -Residential Districts. 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 12797 Chairman Gonzalez: PZ.11. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ. 11 is a change of zoning for the properties at 621 -- this is -- by the way, this is also a second reading -- 635 and 645 Southwest 3rd Avenue. The request is from C-1 to SD-7, the Central Brickell Rapid Transit Commercial district. The Planning Department had recommended denial; the Zoning Board recommended approval, and the City Commission did approve this on first reading in March. The applicant, at first reading, did proffer a covenant, which they will describe to you, which limits their FAR (floor/area ratio) under that which SD-7 would normally permit, and it also includes height limits, which was probably more important to the Planning Department, and they have proffered that, so if the City Commission were to accept that covenant, we'd have no further objection. Vice Chairman Winton: Is that right? Ms. Slazyk: Yeah. It -- Vice Chairman Winton: And that's -- Ms. Slazyk: -- was -- it's a height thing. Vice Chairman Winton: -- and that becomes consistent with some of the other things we've turned down in this zone. Ms. Slazyk: Oh, no, you've -- the others were approved. There were two others that had been approved before this. Vice Chairman Winton: Well, there's also been a number that were not approved. Lucia Dougherty: No. Commissioner Sanchez: Well, the -- Ms. Slazyk: No. Commissioner Sanchez: -- concern -- Ms. Slazyk: You approved them with covenants -- Commissioner Sanchez: -- the concern -- Ms. Slazyk: -- and they're doing this -- Vice Chairman Winton: Oh, we did? Ms. Slazyk: -- they're -- City of Miami Page 114 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Vice Chairman Winton: Which ones? Ms. Slazyk: -- consistent with the covenants you've approved -- Vice Chairman Winton: OK. Ms. Slazyk: -- for the other two. Vice Chairman Winton: OK. Commissioner Sanchez: But the concern here was the 5.5 FAR. Ms. Slazyk: Well, no. The SD-7 allows -- Commissioner Sanchez: SD-7. Ms. Slazyk: -- 8.0 and they're proffering the 5, which is -- which brings it back into scale with the other two that have already been approved here. The SD-7 allows an 8.0 -- Commissioner Sanchez: Right. Ms. Slazyk: -- FAR. They're proffering a 5.5, I belief, if it's office, and a 4.5 if it residential, with a height limit, which they'll show you is consistent with what's next door, and -- Vice Chairman Winton: OK. Ms. Slazyk: -- with that -- Commissioner Sanchez: OK. Ms. Slazyk: -- being said, there would be no objection. Commissioner Sanchez: All right. I just want to -- for the point of clarification on that as to the second reading. Ms. Slazyk: Exactly. Commissioner Sanchez: All right. Vice Chairman Winton: Yes. I'm with you, Joe. Chairman Gonzalez: Go ahead. Ms. Dougherty: I didn't hear you. Commissioner Sanchez: Go ahead. Go ahead. Vice Chairman Winton: He wasn't asking -- Ms. Dougherty: OK Lucia Dougherty, 1221 Brickell Avenue. This is actually the last parcel on this entire block that's not zoned SD-7. the entire block is zoned SD-7, except for this one parcel, so this would be an SD-7, a designation for this property, but we are offering a proffer of a FAR limitation of 4.25 if it's residential and 5.5 if it's commercial, and the reason for that is because we are proposing an office building, and again, the issue is can you -- the FAR that is excluded City of Miami Page 115 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 for residential is included in the office, so they roughly would not be the same, so for example, Ruth's Chris Steak House is going to go in the middle of the project, roughly here, and that would be cluded [sic] in the FAR if it's office; it would be excluded if it's residential, so to have roughly the same equivalent, what we've proffered is a covenant that says if we ever build residential, it's limited to 4.25, which is consistent with everybody else, but if we build a commercial office building, it would be 5.5, and we've limited ourselves to the height of the proposed buildings at 600 -- 4 -- 375 feet, which is modest in comparison to many of the other office buildings, so we would ask your approval of this -- Chairman Gonzalez: All right. This is a public -- Ms. Dougherty: -- SD (UNINTELLIGIBLE). Chairman Gonzalez: -- hearing. Anyone from the public that want to address this item, please come forward. All right, seeing none and hearing none, the public hearing is closed. Commissioner Winton -- Commissioner Sanchez: I'll make the motion -- Chairman Gonzalez: -- I think this is yours, right? Commissioner Sanchez: -- you could second it for the purpose of discussion. So moved. Vice Chairman Winton: I'll second. Chairman Gonzalez: OK, we have a motion and we have a second. Discussion. Chairman Gonzalez: Commissioner Sanchez. Commissioner Sanchez: No. Discussion is -- Chairman Gonzalez: Oh, Commissioner Winton, you want to discuss? Vice Chairman Winton: No. Chairman Gonzalez: No. Commissioner Spence -Jones: I -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- would like to at least say something on the project. Chairman Gonzalez: You want to -- Commissioner Spence -Jones: I'm excited about the project happening in the area, and I just -- I'm -- I got a chance to see a little bit of it the first time in the first presentation, Lucia, and it's great. Once again, very close to Overtown; being able to provide jobs in the area. I think the builder -- the developer is also here with you, too? Ms. Dougherty: Yes, sir. Eric Bachelor is here -- Commissioner Spence -Jones: OK. Ms. Dougherty: -- and I did pass out his -- a couple of stories about him because he is a major City of Miami Page 116 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 developer in Missouri, California, and Florida, and this is his first project in the City of Miami, so -- Commissioner Spence -Jones: And I just think it's important, we need to see projects like this happening -- African Americans doing wonderful projects throughout the City, not necessarily always in District 5, but I just welcome him to the area and I'm very excited about having it in, once again -- where is my Planning person from Planning Department? I would like to -- even though we know you're a minority, I would definitely like to make sure that, you know, as we go for our Class II permit -- because that would be the next -- right -- Ms. Slazyk: This is also a Class II. Commissioner Spence -Jones: -- that we definitely consider or have them proffer some sort of minority participation plan along with that -- Ms. Slazyk: OK. Commissioner Spence -Jones: -- and regarding this real fast, too -- Vice Chairman Winton: Go ahead -- Commissioner Spence -Jones: OK. Vice Chairman Winton: -- because I want to -- Commissioner Spence -Jones: -- regarding on that, too, I know -- part of -- I just want to be clear, Lourdes, because during your briefing with me, you stated about the local hire part of this, and one of the things that has been a problem is when you try to encourage -- please put that on the record, and I don't think you made that clear the last time, that we had a pro -- can you put that on the --? Ms. Slazyk: Well, what I had been told -- Commissioner Spence -Jones: Exactly what you said to me, so -- Ms. Slazyk: yeah. I'll just tell you what was told to me, and I -- Commissioner Spence -Jones: OK. Ms. Slazyk: -- don't know. Lucia can probably expand on it. I know that there were several developers who were asked to, you know, work with -- you know, trying to hire local people, and when they actually got, you know, to the programs, there weren't -- they weren't able to get the people. They were either not -- Vice Chairman Winton: Well, let me -- Ms. Slazyk: -- properly registered or -- you know, people need to -- you know, if there's a -- Vice Chairman Winton: Let me chime in -- Ms. Slazyk: -- small firm -- Vice Chairman Winton: -- because that's -- Ms. Slazyk: -- OK. City of Miami Page 117 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Vice Chairman Winton: -- what I wanted to talk about. You weren't here. Commissioner Spence -Jones: OK. Vice Chairman Winton: I'm going to say two years ago -- Ms. Slazyk: Um -hum. Vice Chairman Winton: -- three, Greenberg Traurig hosted a breakfast meeting in their offices downtown that I asked her to host, and she invited all the major developers that were building the big buildings in downtown Miami to come to that breakfast because I wanted to talk to them about voluntarily hiring City of Miami residents to work on their jobs. What came out of that was a committee that was made up of some of my staff at City Hall and developer staff where they made a commitment to, in fact, do that. We were counting on -- what the hells that organization called? Commissioner Regalado: Workforce. Vice Chairman Winton: -- the South Florida Workforce, whatever that thing's called, that never does anything -- counting on support from them to help us. What ended up happening is that the developers, using their own money and their own resources -- Charles Cutler and a couple of other people were involved. They helped us do the recruitment of the individuals to work. You had to have drug testing done. You had to do background checks because you don't want drug addicts on the job; you don't want people, you know, so -- Commissioner Spence -Jones: Yeah. Vice Chairman Winton: -- they went through a lot of hoops by themselves, and actually, we have reports where you could show the successes that they had in hiring. We were counting on, within a year, turning that over to South Florida Workforce. Now, I'm going to ask this question, but I already know the answer, but it's three years later. The Manager's had two different staff people trying to work with South Florida Workforce to get it going also, and they've -- everybody's failed, everybody's failed, and I'm not in the least bit happy about that at all, but the developers are still, as best they can do, have their team together working clearly as volunteers -- Commissioner Spence -Jones: Yeah. Vice Chairman Winton: -- to do recruitment of residents in the City of Miami to get them onto these job sites, but the entity that collects 50 or $75 million a year -- Chairman Gonzalez: Is not doing anything. Commissioner Regalado: A hundred. Vice Chairman Winton: -- a hundred million dollars a year in south -- in Miami -Dade County can't figure out how to help us lift a damn finger. Commissioner Spence -Jones: Especially when we need all these jobs. Vice Chairman Winton: Absolutely, so it's been an eye opener, a very frustrating experience, but to the developers' credit, they're still pushing along as best they can with this volunteer program. They've kept better data than South Florida Workforce in terms of who they've been able to attract, how long they've worked, and the amount of money they've been out -- been able to make and the impact it's had, so I'm sure that this developer is going to become a member of that team City of Miami Page 118 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 of developers who've been working on their own -- Commissioner Spence -Jones: Yeah. Vice Chairman Winton: -- to do precisely that. Commissioner Sanchez: On the discussion. Chairman Gonzalez: Yeah. Vice Chairman Winton: I'm done. Commissioner Sanchez: Very brief on the discussion. I was not here -- Vice Chairman Winton: Nothing written about that, though. Commissioner Sanchez: Did you hear that, Mike? Vice Chairman Winton: Don't know how to write that. Commissioner Sanchez: Mike, did you hear that? OK. Vice Chairman Winton: It isn't him; it's his bosses. Commissioner Sanchez: I was not here for the first vote on this, but I'm glad to see that both sides were able to work out and compromise, where now we have lower FAR, and really, the building is truly a beauty and very compatible to what's around. On whether it's -- whatever is built there, whether it's office space or resident, I just -- on the vibrant side of downtown, (UNINTELLIGIBLE) everyone turn downtown into a 24-hour downtown known throughout the world, I think we need to have a balance of both housing and office space, and at one time, you know, there was a lot of talk about a lot of businesses leaving to Coral Gables and going to other places. Well, I'm glad to see, and maybe I could encourage you to try to focus more on the office space than on the retail or the condos because we know what's happening now with the condos, so -- but I want to praise you for having the vision to come to our city and invest in our city, and once again, thank all sides for making it happen. Vice Chairman Winton: You know, I keep hearing this. I can't resist; I have to say this. If you look back at the history of migration out of our cities, the residents fled because, you know, those first planned little communities were built out there in the suburbs, where you get your little stand-alone house and your little white picket fence and they went. Commissioner Sanchez: That wasn't the only reason why. Vice Chairman Winton: The jobs didn't go first. The employers followed the workers. We're building housing in the City of Miami for the first time in 50 or 60 years, a lot of it. The employers are going to follow the workers. The employers, some of them are the employers, who are moving here instead of living in the suburbs themselves, are going to bring their companies in here, and the same with the retail part. I've had these big debates at some of my DDA (Downtown Development Authority) board meetings about, "Well, we gotta get retail here." You're not going to get retail until you have a buyer of the retail product, and the buyer lives in a condo, so the fact that you've built all of these condos all over our city, and you get new residents in those condos, the job piece and the retail piece follows. Chairman Gonzalez: That's right. City of Miami Page 119 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Vice Chairman Winton: That's the long-term history, so they're coming back, and you can't manufacture it. It's kind of a natural, evolutionary process. Commissioner Sanchez: But there are more elements than just those two to make a successful downtown. Vice Chairman Winton: Oh, yeah, yeah. Ms. Slazyk: Yeah. Vice Chairman Winton: I mean, a lot more. Chairman Gonzalez: All right. Any further discussion? Hearing none -- Commissioner Sanchez: It's an ordinance -- Ms. Slazyk: It's an ordinance. Commissioner Sanchez: -- second reading. Chairman Gonzalez: -- it's an ordinance. Madam City Attorney. The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. Ms. Dougherty: Thank you very much. Commissioner Sanchez: With conditions -- Chairman Gonzalez: PZ.12. Commissioner Sanchez: -- as amended. Ms. Slazyk: No, there were no conditions on that. Commissioner Sanchez: There weren't any? Ms. Slazyk: No. They'll come with their Class II. That's where the conditions will be. PZ.12 06-00260 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ARTICLE 4, SECTION 401 OF THE ZONING ORDINANCE, AS AMENDED, IN ORDER TO MODIFY THE HEIGHT LIMITATIONS WITHIN THE C-2 LIBERAL COMMERCIAL ZONING DISTRICT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 120 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 06-00260 Legislation.pdf 06-00260 PAB Reso.pdf 06-00260 FR Fact Sheet.pdf 06-00260 SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on February 15, 2006 by a vote of 6-0. PURPOSE: This will modify height limitations within C-2. 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 12798 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.12 is a second reading text amendment to fix the C-2 Liberal Commercial District height. The current ordinance says 120 feet or 10 stories, whichever is less. The direction we're heading in is to, you know, give a height limit. It is what it is, so this is to correct it to 120 feet, and it's been recommended for approval and passed City Commission first reading in March. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to address this item, please come forward. Seeing none, hearing none, the public hearing is closed. Vice Chairman Winton: Move PZ.12. Commissioner Sanchez: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. It's an ordinance. Madam City Attorney. The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. PZ.13 06-00261 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35, OF THE CODE OF THE CITY OF MIAMI, ENTITLED "MOTOR VEHICLES AND TRAFFIC", BY AMENDING ARTICLE V, IN ORDER City ofMiami Page 121 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 TO MODIFY THE REQUIREMENTS FOR PARKING IN THE SD-8 SPECIAL ZONING DISTRICT AS SPECIFIED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. 06-00261 Legislation.pdf 06-00261 PAB Reso.pdf 06-00261 FR Fact Sheet.pdf 06-00261 SR Fact Sheet.pdf REQUEST: To Amend the Miami City Code APPLICANT(S): Joe Arriola, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on February 15, 2006 by a vote of 6-0. PURPOSE: This will amend the Miami City Code in order to modify the requirements for parking in the SD-8 special zoning district. CONTINUED A motion was made by Commissioner Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Winton and Commissioner Regalado absent, to continue Item PZ.13 to the Commission meeting currently scheduled for May 25, 2006. Chairman Gonzalez: All right. PZ 13 and 14 have been deferred to May 25. Vice Chairman Winton: What's been deferred, 13 -- ? Chairman Gonzalez: PZ.15. Vice Chairman Winton: Oh. Commissioner Regalado: Which one? Chairman Gonzalez: 13 and 14 have been -- Lourdes Slazyk (Assistant Director, Planning & Zoning): Right. Chairman Gonzalez: -- deferred to -- Vice Chairman Winton: Oh. Ms. Slazyk: One of them was to May and the other to June. We're working with the Department of Off -Street Parking on -- Chairman Gonzalez: Right. Ms. Slazyk: -- that ordinance and it'll come back when we're done. PZ.14 06-00261a ORDINANCE Second Reading City ofMiami Page 122 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 608.10, IN ORDER TO MODIFY THE REQUIREMENTS FOR PARKING IN THE SD-8 SPECIAL ZONING DISTRICT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. 06-00261a Legislation.pdf 06-00261a PAB Reso.pdf 06-00261a FR Fact Sheet.pdf 06-00261a SR Fact Sheet 04-27-06.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on February 15, 2006 by a vote of 6-0. PURPOSE: This will amend the Zoning Ordinance in order to modify the requirements for parking in the SD-8 special zoning district. CONTINUED A motion was made by Commissioner Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Winton and Commissioner Regalado absent, to continue Item PZ.14 to the Commission meeting currently scheduled for June 22, 2006. Note for the Record: Please refer to Item PZ.13 for minutes referencing Item PZ.14. PZ.15 06-00155a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1950 NORTHWEST 1ST AVENUE AND 1905 NORTHWEST 1ST COURT, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL" AND "INDUSTRIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00155a Legislation.pdf 06-00155 & 06-00155a Exhibit A.pdf 06-00155a Analysis.pdf 06-00155a Land Use Map.pdf 06-00155, 06-00155a & 06-00155b Aerial Map.pdf 06-00155 & 05-00155a School Impact Analysis.pdf 06-00155a PAB Reso.pdf 06-00155a Application & Supporting Docs.pdf 06-00155a FR Fact Sheet 03-23-06.pdf 06-00155a FR Fact Sheet 04-27-06.pdf 06-00155a FR Fact Sheet 05-25-06.pdf City ofMiami Page 123 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 REQUEST: To Amend Ordinance No. 10544, from "General Commercial" and "Industrial" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1950 NW 1st Avenue and 1905 NW 1st Court APPLICANT(S): Javier F. Avino, Esquire, on behalf of A-1 Management Corporation FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on February 1, 2006 by a vote of 5-0. See companion File ID 06-00155. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Avenue One Major Use Special Permit. CONTINUED A motion was made by Commissioner Spence -Jones, seconded by Vice Chairman Winton, with Commissioners Sanchez and Regalado absent, to defer Item PZ.15 to the Commission meeting currently scheduled for May 25, 2006. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.15 and 16 are companion items. This is for a change of land use and zoning. The address is 1950 Northwest 1st Avenue and 1905 Northwest 1st Court. The request is from general commercial and industrial to restricted commercial with a zoning change from industrial in C-2 to C-1. This was recommended for denial by the Planning Department, approval by the Planning Advisory Board, and approval by the Zoning Board. This change of land use and zoning is a companion item to a Major Use Special Permit called Avenue One. You'll see the Major Use Special Permit at second reading if the land use and zoning get approved. The recommendation of denial was based on a concern from the Planning Department, which, if you were to approve the land use and zoning, we would put the condition on the Major Use Special Permit, similar to the one we just did earlier today that says that in the event that the Major Use Special Permit is either abandoned or expires, that whatever you build on there has to come back for design review. The concern is they get C-1 zoning for a property this big; the Major Use goes away; they have a blank check, so the covenant is a way to make sure that if something happens to the MUSP (Major Use Special Permit) or if they flip it, that we get to see whatever they put in its place, but in the meantime, the recommendation for the land use and zoning is for denial. Vice Chairman Winton: But if they do the proffer? Chairman Gonzalez: All right. Ms. Slazyk: They can. Vice Chairman Winton: No. Ms. Slazyk: They can proffer -- Vice Chairman Winton: If they did -- Ms. Slazyk: -- that covenant. City of Miami Page 124 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Vice Chairman Winton: And if they did, your recommendation would be? Ms. Slazyk: The objections would go away -- Vice Chairman Winton: OK. Ms. Slazyk: -- because we'd have design review guaranteed. Commissioner Spence -Jones: Mr. Chairman, also, I think that -- I mean, I had requested that we looked at deferring this item, but -- yeah, I did. Commissioner Sanchez: To defer it? Commissioner Spence -Jones: Yeah, I did. Wanted to, but it's -- I wanted a little more time to digest the project, but -- Ms. Dougherty: Madam Chairman -- I mean, Madam Commissioner, this -- if you would allow us at least to make a presentation to you, because even if you defer it afterwards -- because the truth is, we can't talk to you. Commissioner Spence -Jones: Yeah, I know that. Ms. Dougherty: This is the only way we that we can talk to you, so if you'd let us make a presentation and then if you want some -- Commissioner Spence -Jones: No. Ms. Dougherty: -- further consideration -- Commissioner Spence -Jones: I'm just saying I didn't expect for you to talk to me. I was talking about staff. Continue. Ms. Dougherty: Again, for the record, Lucia Dougherty, with offices at 1221 Brickell Avenue, and here today on behalf of the applicant and the owner, and with me today is Luis Dominguez, who is in the audience and the owner of the property. We've taken five years to clean this property. It used to be a dry cleaning plant, and as a dry cleaning plant, it became a super fund site. It's taken over $600,000, most of which came from the State, and five years to clean the property so that you could do anything other than industrial on it, and it is located right here on -- and this is sort of an important map. It's located right here in between an industrial property and Phyllis Wheatley Elementary School and Dorsey Park. I mean, we have a park, an elementary school, a church nearby, and all of this residential right around it. It makes no sense to leave this industrial. This would be -- the worst thing you could do is leave this parcel, right in between -- in the middle of a residential area, industrial. There's a church down here as well. Right here is the cement batch plant for Rinker. We have residential all around here, which is currently these very cool residential projects, the loft project, which is located right here, the -- this is the Park Loft's project right here. Again, the site that we're talking about is right here. Here's Phyllis Wheatley Elementary School; the Avenue One, this is what we're proposing; a park here, a park here, and this is the cement -- the Rinker cement batch plant, but then there's residential coming around. You have Park Lofts; Filling Station Lofts is going directly across the street. Other residential projects; the Lombardi -- what's that called? The Lombardi -- the Pompei Lofts are right here. Chrome, which is right here, so this is becoming -- Wynwood Lofts, so we're -- it's becoming a very unique residential community. Those are some of the prototypes. This one's actually on -- this is already constructed, so having said that, we think that industrial is absolutely the most inappropriate zoning classification for this, so we came in and asked for a residential classification, which -- and a product that we think totally fits in with this City of Miami Page 125 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 neighborhood, and if you -- I'm going to let Dean Lewis, who is our architect, describe the project. This is a companion Major Use Special Permit that will go along with the zoning, and by the way, the zoning currently, which is industrial, doesn't allow any more FAR (floor/area ratio) than we would be proposing for this. The only thing that industrial doesn't allow us to have residential, but the FAR is 1.72. This rezoning allows us for 1.72, so, Dean, if you'd like to describe your project. Dean Lewis: Thank you. I will try to be brief. I wanted to just express that we took this project to heart as a low- to middle -income infill revitalization project. This is not a high -end, glass box condominium that we find on South Beach, and in order to do that, we've composed a mixed -use product so we have more eyes on the street and activities throughout the evening, as well as during the day. We have a three-story podium that is activated with retail, surrounding all four sides of the street. There's a slight curvature to both ends, north and south, and a corner accent to allow entries into the major retail pulls. This three-story podium also shields and totally wraps a four-story parking structure, and one of which is below ground, so the owner, again, is going the extra mile to assure that this product and its scale is appropriate to the neighborhood. In addition, we have broken the massing of the project into an Hplan and two towers that are connected with a bridge building, which frame, at the same time, a beautiful terrace -- amenity terrace to the south, which I need to show you on another board. This one right here will be perfect -- and the westerly tower, which is the tallest one facing the park and the recreation facility, giving a buffer zone, allowing its height of 160 -- excuse me, 160 feet, where 105 feet on the lower tower to the east, affording better views, angles, receiving the sun with open arms, and the theme for the project, with the slight waves in both of the roof towers itself going in opposite directions, is essentially and poetically two ships passing and docking in the night to give a new level of animation, and again, revitalization to this somewhat undeveloped area. Twentieth Street elevation is this -- would be this tower right here. You could show her this one. There's 1st Avenue here, and this is the corner of 20th. This is the northwest corner right here, 20th, and then you have IstAvenue. We have two tones that articulate the massing and further breakdown the volumes with suspended atriums, common balconies, ventilation. It's, you know, focused towards natural ventilation and sustainable energy products. The units are facing both views; east and west, as well as southeast primarily back towards downtown, and we hope you'll agree. We have over 6,000 square feet of amenity pool terrace and another 30,000 square feet of playground/recreational kiddy park area all found on this amenity deck that is at level 4, and the loading, the articulation of the two towers, we could get into detail if you'd like, but we hope you'll appreciate the project and give us a vote of approval. I'll leave the rest up to questions, and we have some brief (UNINTELLIGIBLE) elements, and the facades, I think, will speak for themselves. Thank you. Ms. Dougherty: Commissioner Spence -Jones, one of the things I forget to mention is that the developer has asked me to say that he would give preference to any contractor that would hire, (a), minorities as workers, and (b), people who live in the City of Miami. Commissioner Spence -Jones: I thank you and I appreciate -- I mean, not -- definitely, that's not -- that would not be my issue of concern, so -- by all means, I would assume that -- Lucia, you're always pushing for that anyway, to support local minority contractors, so I thank you for offering that. I just had some other concerns about the project. I think we also have some -- probably some community comments on it too, so -- but I just need to finish with you. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to address the Commission, please come forward. Good afternoon, welcome. Judith Sandoval: Commissioners, good afternoon. Judith Sandoval, 2536 Southwest 25th Terrace. I simply would like to say very briefly that, too often, I -- very often, I feel obliged to come before you and criticize a project because it's oversized, or not well designed, or inappropriate for the neighborhood. That is not the case with this project. I have supported it City of Miami Page 126 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 before, as I'm sure Lucia remembers. It's well designed. It's an interesting building. It's not too big, and I think it's a very good piece of work by the architect, and I would ask you to approve it. Chairman Gonzalez: Thank you. Ms. Sandoval: Thank you. Chairman Gonzalez: Yes, sir. Good afternoon. Darrell Roberts: Good afternoon, Commissioners. My name is Darrell Roberts. I'm a resident at 1825 Northwest 5th Place. I'm a Overtown resident; growed up and been born in Jackson Memorial Hospital, which is close to Overtown. I've been here since this morning, and I heard a lot of things that's going on with Overtown, and a lot of things that's not in the best interest of Overtown. A lot of places and a lot of buildings are going up; condos, office buildings. It's not going to benefit Overtown at all. It may make a lot of money for the City of Miami, but it's not benefiting Overtown. Overtown is a resident where blacks mostly lives, low-income. We got condos going up and nobody can be able to afford those condos. We looking at the extermination of our community. I heard not one person up here said now who going to be able to live in these places. Where do we going to live? I've been hearing all kind of things that going on since this morning, since 9 o'clock. Now these condos that's going up, they look beautiful. Yes, they do. I love the City of Miami. I'd like to stay here, but Overtown is a great place, always have been. We looking for a redevelopment. We looking for places that people can live, who can afford it. They can't afford these things. I came in here to comment on the Camillus House, but I'm listening to all these other things that's going up, and I mean, it's incredible, and nobody even know that they going up. Keep in mind when you make these decisions that these who actually live in Overtown, they ain't going nowhere. They ain't got no place to go. Once they be kicked out of these places, where they going to go? Keep in mind when y'all make these decisions. I mean, I was going to comment on the Camillus House. Chairman Gonzalez: Thank you, sir. Mr. Roberts: Now I got to get out of -- Thank you. Chairman Gonzalez: Thank you very much. Good afternoon. Anybody else? All right. Seeing none, hearing none, the public hearing is closed. Commissioner Spence -Jones, it's your district. Commissioner Spence -Jones: And I hate that he actually left because, you know, it's so great to see Overtown residents that interested in what's happening in their area, you know, and to see my generation stepping up to the mike to say that they're concerned -- he looked like a hard-working young man; stayed around all day. Can't stay any longer; had to leave. This wasn't even his issue or his item; had no idea it was even going on in his neighborhood, but he came, and the issue that I would have with this project -- and again, I do want to defer it. I do want to defer it -- is that it is in Overtown. It's on 20th Street. Phyllis Wheatley is on one side of it, yes. Right behind it is the Rinker area, which is an industrial area, and really, there's not much happening else around it, but clearly, this particular building will stand out in the area and a lot will change in Overtown off 20th Street because of it. I have some serious concerns. I've always stated that when we look at changing industrial areas, you know -- very few areas I have within my district that I could even create areas to create jobs for the people that live there, and you know, I just have to be very mindful of the residents that voted me here, that put me here, and I have concerns about the project. I never saw the project until really right now, and I'm seeing the project and I still have concerns about it, and I'm going to ask for this -- for it to be deferred for me to have a little more time to think about it, but at this point, I'm not -- I would rather just defer the project until I have a little bit more time to digest it. Ms. Dougherty: That's fine. Let me just -- I mean, you're the Commissioner and we would, of City of Miami Page 127 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 course, respect your wishes in that regard. I want you to know, though, to go through this process, it takes a year -- Commissioner Spence -Jones: Um -hum. Ms. Dougherty: -- to go through this, and this has been vacant for over ten years. Commissioner Spence -Jones: Right. Ms. Dougherty: This is property that is not -- doesn't have housing on it. Commissioner Spence -Jones: Right. Ms. Dougherty: It is currently zoned industrial. Commissioner Spence -Jones: I know exactly where it is, Lucia. Ms. Dougherty: OK Commissioner Spence -Jones: I ride in my district all the time, and I'm just -- as I would state on this issue and any other issues where I have industrial areas, you know -- Ms. Dougherty: Yes. Commissioner Spence -Jones: -- it's really -- you know, for instance, I can say that about every part of my district. I have vacant lots and abandoned buildings. Ms. Dougherty: I know, but let me just ask you this. Commissioner Spence -Jones: Sure. Ms. Dougherty: Do you think that this is the appropriate place for industrial right next to your parks and your schools -- Commissioner Spence -Jones: It all -- Ms. Dougherty: -- and in your residential area? Commissioner Spence -Jones: -- depends on what you're going to put there. Ms. Dougherty: OK, well, let me just tell you what you can put there -- Commissioner Spence -Jones: Um -hum. Ms. Dougherty: -- as of right, without having to go get a permit -- Commissioner Spence -Jones: Um -hum. Ms. Dougherty: -- because industrial -- Commissioner Spence -Jones: OK. Ms. Dougherty: -- doesn't require a permit. Commissioner Spence -Jones: Tell me what -- City of Miami Page 128 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Ms. Dougherty: OK Commissioner Spence -Jones: -- you can put there. Ms. Dougherty: This is your light in -- your industrial. Areas designated industrial allow manufacturing, assembly, storage, generally includes activities that would otherwise generate excessive amounts of noise, smoke, fumes, illumination, traffic, hazard waste, or negative visual impacts. Stockyards, rendering works, smelterings, refining plants, and other activities are excluded. Those are the only ones that are excluded, so I mean, you may not like this product. You may want something else, but industrial is the inappropriate place for this particular site. Mr. Lewis: Lucia, if I may also add, the owner and I, we have worked very hard to render this `product" -- I hate to refer to our architecture as product, but in a way, it is, and it -- because it's a place of living and it's a place of activity and a place of business, and therefore, mixed -use, by definition, is probably the most appropriate use of this property, and we have integrated cost-effective value engineering to render this product and their units as affordable as possible to the community, so the first phase buyers and/or renters will have access to this product, and I think that if that's your primary concern, which you haven't voiced -- Commissioner Spence -Jones: Afford -- I mean -- Mr. Lewis: -- I'd like to answer it, and if there's anything else, give us the opportunity to do so. Commissioner Spence -Jones: Well, obviously, the young man is not here now, but I guess his question would be -- just like mine would be -- affordable to who? Mr. Lewis: OK. Low- to middle -income families, and individuals, young, start-up -- Vice Chairman Winton: What's the price range or earning power of the family that could -- or an individual that could get in there? Mr. Lewis: It's two -- the answer to that question is two fold, and I wanted to just remind everybody that we also have live/work units, just to answer that so that the individuals coming in will have the opportunity to both live and work out of a single mortgage, and that is a real accessibility option. Ms. Dougherty: Why don't you ask Luis? Mr. Lewis: Luis, Mr. Dominguez, if you could. Ms. Dougherty: One of the things I want to tell you is that, before you were the Commissioner, we were before the Planning Advisory Board on this project. There were people who live in this community who came to that board, saw what we were doing, and were happy about it and left. Commissioner Spence -Jones: Then where are they now? Ms. Dougherty: When you're happy, you don't come. Everybody within -- Commissioner Spence -Jones: They should be happy -- Ms. Dougherty: -- 500 feet -- Commissioner Spence -Jones: -- supporting it. Lucia -- City of Miami Page 129 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Ms. Dougherty: Excuse me. Commissioner Spence -Jones: -- they should be happy supporting it then. Vice Chairman Winton: But there's -- Commissioner Spence -Jones: They should be here speaking on behalf of it. Vice Chairman Winton: (UNINTELLIGIBLE). Commissioner Spence -Jones: Come on now. Ms. Dougherty: Well, everyone within 500 feet gets notice of it. When they came to the Planning Advisory Board, we showed them what they were doing, and they haven't come back since because they were sat -- happy with it. Commissioner Spence -Jones: But, Lucia, you just had a person that lived in the neighborhood that he -- Ms. Dougherty: No. He never got -- Commissioner Spence -Jones: -- wasn't even here -- Ms. Dougherty: -- notice of this one. He didn't live within 500 feet. He just happened to be here for another product -- another matter. I don't want to be argumentative with you -- Commissioner Spence -Jones: Right. Ms. Dougherty: -- but I'm telling you that some people from the neighborhood came and were supportive and left. They did not object to it. Mr. Lewis: Yeah. We also had an owner right across the street who strongly appreciated and voted in favor of the project, but had to catch a plane after 1:30. He was here at 10 a.m. and waited also, but -- I introduce the owner, Mr. Luis Dominguez. If you could, Luis. Luis Dominguez: Hi. Luis Dominguez, Venetian Causeway, one of the owners of the property. Just wanted to say -- the first comment, to make it brief -- the property is vacant, and we have to spend money on a fence around it because people keep dumping cars, they keep dumping garbage on that property. I mean, it's a very blighted property right now, and I think we're trying to do something very nice for the community. As far as the price point is concerned, half of the units -- or a third -- I mean, Dean would be better to describe that -- are very small units. They're 600 square feet, and as you know, the value of the properties are based on how much it's going to cost to construct them, and so they're very small units, and they were intended, obviously, for a more entry level type product than what you see on Brickell or Biscayne Boulevard. That's -- Vice Chairman Winton: Well, what does that mean, and what's the price point? Ms. Dougherty: Say the price. Mr. Dominguez: It's really hard to say market conditions, but you know, 600 square feet -- you know, 700 square feet times $300 a foot, you know, it's 180, 200, $300, 000. I mean, that's very entry level right now for anywhere in the City, and that's the majority of the product. Ms. Dougherty: If the Commission would let us know if there's anything else that you need to City of Miami Page 130 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 make your decision, any other kind of information. Is there something else that we can do to assist you, let us know. Commissioner Spence -Jones: Thank you. Chairman Gonzalez: All right. We have a motion to defer PZ.15 and -- Ms. Slazyk: Can we have a -- Chairman Gonzalez: -- six -- Ms. Slazyk: -- date certain of May 25? Commissioner Spence -Jones: That would be fine, Lourdes. Ms. Slazyk: That's the 30-day -- OK. Vice Chairman Winton: May -- Ms. Slazyk: May 25. Chairman Gonzalez: May 25. Vice Chairman Winton: I'll second, but may I chime in? Commissioner Spence -Jones: Sure. Vice Chairman Winton: We have a challenge in Overtown that I don't know how to solve, frankly, because there's a big part of me that says that's exactly what we want to try to attract into Overtown, but the flip side of the coin is, in my mind, unequivocal, and that is that what you said is true. That gets built, the surrounding area will change, but some change we want. No one that I know of including the residents of Overtown -- and that's the primary people I'm talking about -- want Overtown to remain like it is. They've complained to me since I've been elected that we're not doing enough to change Overtown, but when you begin the process of changing Overtown, those very people don't want it changed that way. I understand the fear because I've been here long enough now, because it's been such a tug and a pull, and it is scary, but the median income of the residents of Overtown, as I saw in writing from a thing that I went to that FIU (Florida International University) was at and Power U was at, and I was one of the speakers at that thing, and the data that they provided me said that the most that an average family in Overtown could pay for a house is $50, 000. There was a panel of four of us discussing Overtown; three of them were Overtown people. I was the non-Overtown person, and one of the reverends that was there is building single-family housing, and I said -- not knowing he was doing that -- that in today's marketplace, the absolute cheapest you're going to build a single-family house for in today's marketplace is $150,000. You're generally closer to 200 now, nevermind 150, but leave 150 on the table and do the math. If the most that most residents of Overtown can pay for a house is 50,000, the cost is 150; you've got a $100, 000 gap. Well, let's say that our objective is to meet the needs of 1,000 Overtown residents, and there are 8,000; is that not correct? Commissioner Spence -Jones: Um -hum. Vice Chairman Winton: For 1,000 families, so maybe that translates to 3,000 of the residents; meet their need. In order to do that, you have to bring a $100 million subsidy to the table to meet the needs of 1, 000 families. That's the math. That's the unequivocal math. I don't know how to solve this problem. We're not going to get $100 million. I will give you a position paper City of Miami Page 131 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 that I wrote in 2000, right after I got elected, that I gave to our US Senators, every US Congressman we have, every state legislator that we have, and I wrote a position paper right after I got elected, and I said take Wynwood -- Overtown, as an example. I'm going to guarantee you that our City is changing, and that property prices are going to go up dramatically because we're going to be, for the first time in 30 years, an attractive city. The American Dream, middle income -- the middle income in America was created through homeownership. That's how the vast majority of Americans became middle class following World War IL In Overtown and Wynwood, we have some great housing stock that has no value, but families own it. If the feds -- and this is what I said -- if you brought -- did this as a trial -- and I think houses back then, you could buy them for $60,000. I said bring $100 million to the table, and we'll take some of the poorest neighborhoods in America and turn the families that live there into middle-class Americans. Well, a big part of what I predicted happened. We became a hot city, values went up, but the feds, the state, everybody, deathly silence because no one wanted to come to the table back then where you could actually do something. We're in the same dilemma, except it's worse, so there is no question -- Commissioner, you're a hundred percent right. That gets built; that has a significant impact that will change the surrounding area. We want some sort of change, but if we, from our position, don't figure out what the right change is, Overtown will stay the single most blighted area of Miami -Dade County that exists if we don't provide some sort of guidance that says, all right. We're willing to accept change, but here's how change is defined. We haven't done that. I don't know what that is either, by the way, so I'm not suggesting I have a brilliant idea. I am suggesting we have two choices: Do nothing; Overtown will be the same way 15 years from now as it is today, or figure out what change is acceptable, put that on the table, and that's what'll come forward -- Commissioner Spence -Jones: Right. Vice Chairman Winton: -- and so I hope that, this aside, even if it -- ultimately, you decide wrong project, wrong place, I think we have to do something internally to define what change is acceptable in Overtown and put the pieces in place to make that happen. End of my -- Commissioner Spence -Jones: Well -- and I thank you so much, Commissioner Winton. I think you and I -- before I even got in office, you had that similar discussion with me before I even got in office, and I definitely -- I'm not disagreeing that change needs to happen. By all means, I know that, you know, we can't build a community with all low-income and all affordable housing. You have to have mixed housing in any neighborhood in order for it to be a vibrant neighborhood. That's not what this is about. I just have to really make sure that the decisions that I make, you know, are decisions -- Vice Chairman Winton: For you -- Commissioner Spence -Jones: -- that are truly for the residents of Overtown, and that is important to me. It may not be important to anybody else in the room -- Vice Chairman Winton: It's important to all of us. Commissioner Spence -Jones: -- but it is extremely, extremely important to me, and I can't speak what happened before I got in this seat, but I know that I have a responsibility, and I just can't go voting on, you know, projects that are -- may look like good projects, and then five years from now, six years from now, whenever, I look back and then I played part in it changing and the people not taking part in it. It is my responsibility as the elected official to ask people what they want to see happen in their community, so I didn't say no today. I said I'm deferring it to the end of the month, and that's really it. Vice Chairman Winton: And there's nothing wrong with what you did. City of Miami Page 132 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Spence -Jones: OK, that's really it. Vice Chairman Winton: Nothing wrong with what you did. Chairman Gonzalez: All right. PZ 17. Priscilla A. Thompson (City Clerk): I'm sorry -- Vice Chairman Winton: Did we vote? Ms. Thompson: No, we didn't vote, and -- Ms. Slazyk: You have to vote on the -- Ms. Thompson: -- a question. Chairman Gonzalez: Oh, I'm sorry. Ms. Slazyk: -- continuance. Ms. Thompson: Would this be on PZ 15 and 16, the compan --? Chairman Gonzalez: 15 and -- Ms. Slazyk: Yes. Chairman Gonzalez: --16 because -- Ms. Thompson: Thank you. Chairman Gonzalez: -- it's companion. Ms. Slazyk: 15 and 16 both to May 25. Ms. Thompson: Thank you, and the vote. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. PZ.16 06-00155 ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 23, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "I" INDUSTRIAL AND "C-2" LIBERAL COMMERCIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1950 NORTHWEST 1ST AVENUE AND 1905 NORTHWEST 1ST COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading City ofMiami Page 133 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 06-00155 Legislation.pdf 06-00155 & 06-00155a Exhibit A.pdf 06-00155 Analysis.pdf 06-00155 & 06-00155b Zoning Map.pdf 06-00155, 06-00155a & 06-00155b Aerial Map.pdf 06-00155 ZB Reso.pdf 06-00155 Application & Supporting Docs.pdf 06-00155 FR Fact Sheet 03-23-06.pdf 06-00155 FR Fact Sheet 04-27-06.pdf 06-00155 FR Fact Sheet 05-25-06.pdf REQUEST: To Amend Ordinance No. 11000, from "I" Industrial and "C-2" Liberal Commercial to "C-1" Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 1950 NW 1st Avenue and 1905 NW 1st Court APPLICANT(S): Javier F. Avino, Esquire, on behalf of A-1 Management Corporation FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on January 23, 2006 by a vote of 8-0. See companion File ID 06-00155a. PURPOSE: This will change the above properties to C-1 Restricted Commercial for the proposed Avenue One Major Use Special Permit. CONTINUED A motion was made by Commissioner Spence -Jones, seconded by Vice Chairman Winton, with Commissioners Sanchez and Regalado absent, to continue Item PZ.16 to the Commission meeting currently scheduled for May 25, 2006. Note for the Record: Please refer to Item PZ.15 for minutes referencing Item PZ.16. PZ.17 06-00085 ORDINANCE First Reading DEFERRED AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1720 AND 1771 NORTHWEST 33RD STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 134 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 06-00085 Legislation.pdf 06-00085 & 06-00085a Exhibit A.pdf 06-00085 Analysis.pdf 06-00085 Land Use Map.pdf 06-00085 & 06-00085a Aerial Map.pdf 06-00085 Application & Supporting Docs.pdf 06-00085 FR Fact Sheet.pdf 06-00085 Submittal.pdf 06-00085 SR Fact Sheet 05-25-06.pdf REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to "Major Institutional, Public Facilities, Transportation and Utilities" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1720 and 1771 NW 33rd Street APPLICANT(S): Richard A. Pankey, President, on behalf of Allapattah Baptist Church FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial due to the failure to obtain the required five affirmative votes in favor of the plan amendment to City Commission on January 4, 2006 by a vote of 3-2. See companion File ID 06-00085a. PURPOSE: This will change the above properties to Major Institutional, Public Facilities, Transportation and Utilities. Motion by Chairman Gonzalez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: PZ.17. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.17 and 18 are companion items. This is a change of land use and zoning from duplex residential and major institutional and public facilities to restricted commercial. The property is the Allapattah Baptist Church. The location, 1720 and 1771 Northwest 33rd Street. Chairman Gonzalez: Yeah, that's right. Ms. Slazyk: The change of zoning is from GI (Government/Institutional) and R-2 to C-1. This has been recommended for denial by the Planning Department, denial by the Planning Advisory Board, and recommended for approval by the Zoning Board. The concern here is, if you look at the graphics in your package, the amount of commercial intrusion that's going to occur on 33rd Street, with a straight flat-out change of land use and zoning. We do agree that when a GI property is no longer going to be used for government or institutional use, it should be rezoned. The GI zoning is not appropriate anymore, but the request to C-1 is what the -- our issue is with this particular application. Chairman Gonzalez: Yes, sir. Jerry Proctor: Good afternoon, Mr. Chairman. Jerry Proctor. I'm an attorney, 200 South City ofMiami Page 135 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Biscayne Boulevard. I'm here with Rafael Gomez, my client, and Mr. Manny Prieguez, of Miami Municipal Strategies, who has also helped us on this application. Mr. Chairman, we have an application for a boundary change from GI and R-2 to C-1. This property is still owned and was formerly used by the Allapattah Baptist Church. Chairman Gonzalez: And abandoned about 15, 18 years ago. Mr. Proctor: That's correct. Two of the three lots on this application were zoned and are zoned GI. One of the three lots is zoned R-2. We are asking for C-1 -- and Mr. Chairman, I know that you're familiar with the property and the area. This property is located on the west side of 17th Avenue. There is a Laundromat on the corner here, on 33rd Street. This -- the property is outlined here. It's a little bit less than a half an acre. Chairman Gonzalez: Right. Mr. Proctor: We have a Laundromat along 17th. We have, we think, a situation in which we need to transition the zoning on our property between this corridor and the surrounding R-2 area, and the reason we think some other category other than R-2 is appropriate is because of what we have in the surrounding area. We have a number of very, very tall residential buildings. Chairman Gonzalez: Um -hum. Mr. Proctor: I don't know if you can see the shadows here. There are shadows because these are -- Chairman Gonzalez: Yeah. Mr. Proctor: -- 13-, 14-, and 15-story buildings to our southwest, to our west. Up here, as we get closer to 36th Street, there is an apartment building of well over ten stories in height. Perhaps, more importantly, to our north, directly across 33rd Street, we have property that is zoned R-4, several hundred feet deeper into the community, and they have on that property, which was also formerly church property -- Chairman Gonzalez: Right. Mr. Proctor: -- a proposed project that's working its way through the system right now that we have put in pictorial form here for you of some 424 residential units, known as Villa Amalia. That project is working its way through the process, will be coming to you. The zoning, which is in place for that, is R-4, which is quite intense, quite a bit more intensive than we're asking. Vice Chairman Winton: And that's across the street? Chairman Gonzalez: That project -- Mr. Proctor: That's across the street. Vice Chairman Winton: That project, is it across the street? Mr. Proctor: Yes, it is. Vice Chairman Winton: Oh, OK. Chairman Gonzalez: Across the street from that. That project was just approved. It's right across the street from them. City of Miami Page 136 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Mr. Proctor: When we presented our application to both of the boards preceding this board, the same question came up. Why are you asking for C-1? We do not want to build commercial. However, we cannot ask for the R-4 or something similar because that district requires a half acre of lot size. We have less than a half an acre. We have between 19 and 20,000 square feet. We're asking for C-1. The commitment we made to the boards and to the staff, and we're making to you, we want to build a residential project at this location. We don't want commercial, and we have followed through on that commitment, which we've made at your lower boards in writing by covenant to your staff. Mr. Suarez -Rivas, of your Legal Department, has reviewed our covenant, and it has been signed by the property owner, and it says, specifically, this must be developed residential. We understand that 33rd Street, when you get off of 17th Avenue, is not a commercial corridor, and commercial would not be appropriate. I'll pass this forward into the record. Because of our land size, it's really impossible for us to ask for any other category other than C-1. Having said that, Mr. Chairman, I'd like to ask Mr. Prieguez to come forward. He has had some input from the community. He knows the community. He used to serve the community in Tallahassee, and I'd like to ask him to comment. Vice Chairman Winton: With distinction, I might add. Manuel Prieguez: Thank you very much, Jerry. Commissioners, Manny Prieguez, 4000 Malaga Avenue, in Coconut Grove, Florida, Miami, Florida. When I was first approached on this project, I was excited about it because I knew the area very well. As Jerry said, I represented the area in the State legislature and still have many, many, many friends in those very neighborhoods, and as the Commissioner alluded to earlier, this is a project that -- this is a piece of property rather that's laid stagnant for many, many, many years, and so now, you know, the community of Allapattah has an opportunity to make a little bit of a change here at this particular site and create something that would be of great benefit to the residents of the community and to the overall neighborhood. As Jerry mentioned, I know a lot of people in the neighborhood. I've been around, and this is something that I think will be welcomed with open arms. He also alluded to the fact that we've obviously gone before the Planning Advisory Board and the hearing board -- the Zoning Board, rather, and on the Planning Advisory Board, Mrs. Gort, who sits on that board, was vehement in her support of the project. Notwithstanding the fact that staff has not recommended it and notwithstanding the fact that we needed five votes on the Planning Advisory Board because it's an amendment to the comp. (comprehensive) plan, notwithstanding all of those things, the representatives on the PAB (Planning Advisory Board) that come from the area, that have been appointed by Commissioner Gonzalez, Chairman Gonzalez, were very excited about the project. When we move forward on to the Zoning Board, we also received support and actually got a favorable recommendation, 5/3, so -- and at that meeting, as a matter of fact, there were some residents that came to the meeting, came at night, and voiced their support for the project, so I think it's going to be a positive thing. I think it's going to -- it's good for Allapattah. I think that we are experiencing a transition of sorts from what was around many years ago to slowly but surely coming around to a better neighborhood, and so, obviously, we would ask for your support. Jerry. Chairman Gonzalez: Thank you. Mr. Proctor: Thank you, Mr. Chairman. We're here to answer any questions, react to any comments you have. We're hopeful that you'll pass this. This is first reading. We would be happy to react to any comments you have, and hope that you pass this along to second reading. Thank you. Chairman Gonzalez: All right. Vice Chairman Winton: This is a public hearing. Anyone from the public like to comment on PZ.17? City of Miami Page 137 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I know this particular school very well because two of my youngest children went to school there till the school was closed. Chairman Gonzalez: Mariano, that school has been closed -- Mr. Cruz: Yeah. Chairman Gonzalez: -- at least since 1990, right? Mr. Cruz: Oh, a long time. Yeah, they left a long time ago, and even I remember the old -- this laundry used to be the old post office -- Chairman Gonzalez: The old post office. Mr. Cruz: -- in Allapattah, and they shared the parking lot - Chairman Gonzalez: Right. Mr. Cruz: -- post office and church, but at the time, Allapattah Baptist years and years ago, used to be one of the largest -- had the largest Sunday school in United States, and everything went down. Somebody think some of these reverends, the only thing they want to do is make money and they could care less. They were selling the church piece -by -piece. The only thing that worries me is how long it's going to take to implement the plan of building because, so far, the other part, like part on 17th and 34th, have been there for months and months and months, and nothing being done, so I would like -- you know, OK, if it's going to be built, build it. Vice Chairman Winton: I'm confused. Are you in favor or --? Mr. Cruz: I'm in favor. Vice Chairman Winton: Oh. Mr. Cruz: In favor, yeah. In favor, yeah. I told you, I didn't -- I didn't say anything wrong about I don't want it. Vice Chairman Winton: Well, I couldn't tell. Mr. Cruz: I stop at that corner every morning at 17th and 33 -- Vice Chairman Winton: Thank you. Mr. Cruz: -- at the little Cuban place to get my coffee there. Vice Chairman Winton: Thank you. Anyone else from the public like to comment on PZ.17? If not, the public hearing is closed. Chairman Gonzalez: Mr. Chairman, I'm ready to move PZ 17. Commissioner Spence -Jones: Second. Vice Chairman Winton: We have a motion and a second, and I would like to, unfortunately, comment again. Again, my initial concern was the change in zoning and the commercial aspect City of Miami Page 138 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 of the zoning. I'm still concerned about the commercial part. I understand very clearly what their issue is, and so -- but it's also -- one of the positive things here is that they're doing something here that, unfortunately, our city never did a long time ago, and that's creating a buffer between these commercial zones, which is the battle we have on Biscayne Boulevard. We're going to create a buffer. The worst thing that could happen, however, is that at some point down the road, you fill up 33rd Street with retail -- Chairman Gonzalez: Yeah, we would. Vice Chairman Winton: -- so -- Ms. Slazyk: Yeah. Vice Chairman Winton: -- but C-1 allows retail, so how do we make sure that, down the road, they don't get to open a liquor store? Ms. Slazyk: Well -- Vice Chairman Winton: Well, there's probably a school to prevent it. That's a bad example, but Ms. Slazyk: -- that's what their covenant is for. Vice Chairman Winton: Oh, so they've offered -- Ms. Slazyk: They've proffered the covenant, which they've already delivered to the City Attorney, and we can look at it now, but by second reading. Vice Chairman Winton: Any other comments? If there's no other comments, it's an ordinance. Please read the ordinance. The Ordinance was read by title into the public record by the Assistant City Attorney. Priscilla A. Thompson (City Clerk): Roll call. Vice Chairman Winton: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. Commissioner Sanchez: That's first reading, right? Ms. Thompson: Correct. Ms. Slazyk: Yes. Unidentified Speaker: Thank you. PZ.18 06-00085a ORDINANCE DEFERRED First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 19, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE City of Miami Page 139 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "Gil" GOVERNMENT AND INSTITUTIONAL AND "R-2" TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1720 AND 1771 NORTHWEST 33RD STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00085a Legislation.pdf 06-00085 & 06-00085a Exhibit A.pdf 06-00085a Analysis.pdf 06-00085a Zoning Map.pdf 06-00085 & 06-00085a Aerial Map.pdf 06-00085a ZB Reso.pdf 06-00085a Application & Supporting Docs.pdf 06-00085a FR Fact Sheet.pdf 06-00085a SR Fact Sheet 05-25-06.pdf REQUEST: To Amend Ordinance No. 11000, from "Gil" Government and Institutional and "R-2" Two -Family Residential to "C-1" Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 1720 and 1771 NW 33rd Street APPLICANT(S): Richard A. Pankey, President, on behalf of Allapattah Baptist Church FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on February 13, 2006 by a vote of 5-3. See companion File ID 06-00085. PURPOSE: This will change the above properties to C-1 Restricted Commercial. Motion by Chairman Gonzalez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones Lourdes Slazyk (Assistant Director, Planning & Zoning): And PZ.18 is the companion. Vice Chairman Winton: Companion. Want to move it? Chairman Gonzalez: I'll move PZ.18. Vice Chairman Winton: Oh, and I guess, also, PZ.18's a public hearing. Anyone from the public would like to comment on the companion to PZ.17, which is PZ.18? If not, public hearing is closed. We have a motion. Need a second. Priscilla A. Thompson (City Clerk): No. Commissioner Spence -Jones: Second. City ofMiami Page 140 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 Vice Chairman Winton: We have a motion and a second on PZ.18. Read the ordinance, please. The Ordinance was read by title into the public record by the Assistant City Attorney. Ms. Thompson: Roll call. Chairman Gonzalez: Roll call, please. A roll call was taken, the result of which is noted above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. PZ.19 06-00213Iu ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 620, 630, 640 SOUTHWEST 7TH STREET AND 665 SOUTHWEST 8TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-002131u Legislation.pdf 06-002131u & 06-00213zc Exhibit A.pdf 06-002131u Analysis.pdf 06-002131u Land Use Map.pdf 06-002131u & 06-00213zc Aerial Map.pdf 06-002131u School Impact Review Analysis.pdf 06-002131u PAB Reso.pdf 06-002131u Application & Supporting Docs.pdf 06-002131u FR Fact Sheet.pdf 06-002131u SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 10544, from "Medium Density Multifamily Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 620, 630, 640 SW 7th Street and 665 SW 8th Street APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Miami Automotive Retail, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on February 1, 2006 by a vote of 5-0. See companion File ID 06-00213zc. PURPOSE: This will change the above properties to Restricted Commerical. City ofMiami Page 141 Printed on 5,22,2006 City Commission Meeting Minutes April 27, 2006 Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.19 and 20 are companion land use and zoning changes. This is for the properties at 620, 630, 640 Southwest 7th Street and 665 Southwest 8th Street. The request is for medium density multifamily residential -- from medium density multifamily residential to restricted commercial, and the companion zoning change from R-3 with the SD-12 overlay to C-1 with the SD-25. The recommendation is for approval by the Planning Department, approval by the Planning Advisory Board, and approval by the Zoning Board, and just for the record, the SD-25 zoning overlay will assure that no matter what happens there, development or redevelopment, there will be a special permit, so we recommend approval. Vice Chairman Winton: There'll be a what? Commissioner Sanchez: Special permits. Ms. Slazyk: A special permit, so there will be design review. Vice Chairman Winton: Oh, OK. Chairman Gonzalez: Good afternoon. Vicky Garcia -Toledo: Good afternoon. For the record, Vicky Garcia -Toledo, with offices at 200 South Biscayne Boulevard, and I'm here today with my associate Carlos Gimenez from the law firm of Bilzen Sumberg. We are happy to appear before you on this application on behalf of Brickell Motors -- even though some of the addresses show on the tax folio as 8th Street, the six lots that are being rezoned here are all fronting 7th Street -- Southwest 7th Street, and it's really more of a house-cleaning application because we want to un fy all of the client's property under the same zoning category, which is the C-1. For that purpose, we've brought before you a land use and zoning application. As Lourdes mention, we come to you with approval not only from your professional experts in the Planning Department, but approvals from the Planning Advisory Board and the Zoning Board. Lourdes is quite correct, that upon approval of these applications, anything that the owner would want to do on the property, even something as simple as changing an awning, would require a Class II Special Permit, which allows the City to have, through its Planning Department, full design review of the application in this site, so having said that, I'm available for any questions you may have, and I would urge you to follow the recommendation of your staff and the lower boards. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public want to address the Commission on this item, please come forward. Seeing none, hearing none, the public hearing is closed. Commissioner Sanchez, this is your district. Commissioner Sanchez: So move. It comes across-the-board recommendation for approval. It is the old brick -- it was the Brickell Honda property -- Ms. Garcia -Toledo: Correct. Commissioner Sanchez: It's from 8th Street to 7th, which the zoning change is going on there as to future development of the sites and approving the area, so I'm in support of it, so -- Vice Chairman Winton: And the buffer across the streets, medium density multifamilies, so -- Commissioner Sanchez: It's perfect. City of Miami Page 142 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Ms. Garcia -Toledo: Exactly. Commissioner Sanchez: So move. Vice Chairman Winton: Second. Chairman Gonzalez: All right, we have a motion and we have a second. It's an ordinance. Madam City Attorney. The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. Chairman Gonzalez: PZ (Planning & Zoning) -- Commissioner Sanchez: I wish that -- I wish all the zoning changes were as clean-cut as this one. PZ.20 06-00213zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), AMENDING PAGE NO. 36, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL AND "SD-12" BUFFER OVERLAY DISTRICT TO "C-1" RESTRICTED COMMERCIAL AND "SD-25" SOUTHWEST 8TH STREET SPECIAL OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 620, 630 AND 640 SOUTHWEST 7TH STREET AND 665 SOUTHWEST 8TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." 06-00213zc Legislation (Version 2).pdf 06-002131u & 06-00213zc Exhibit A.pdf 06-00213zc Analysis.pdf 06-00213zc Zoning Map.pdf 06-00213zc Aerial Map.pdf 06-00213zc ZB Reso.pdf 06-00213zc Application & Supporting Docs.pdf 06-00213zc ZB Fact Sheet.pdf 06-00213zc FR Fact Sheet.pdf 06-00213zc SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from "R-3" Multifamily Medium -Density Residential and "SD-12" Buffer Overlay District to "C-1" Restricted Commercial and "SD-25" SW 8th Street Special Overlay District to Change the Zoning Atlas City ofMiami Page 143 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 LOCATION: Approximately 620, 630 and 640 SW 7th Street and 665 SW 8th Street APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Miami Automotive Retail, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on March 27, 2006 by a vote of 5-1. See companion File ID 06-002131u. PURPOSE: This will change the above properties to C-1 Restricted Commercial and SD-25 SW 8th Street Special Overlay District. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.20 -- Chairman Gonzalez: PZ.20. Ms. Slazyk: -- is the companion. Chairman Gonzalez: All right, this is a public hearing, PZ.20. Anyone from the public that want to address the Commission, please come forward. Seeing none, hearing none, the public hearing is closed. Commissioner Sanchez: So move. Chairman Gonzalez: We have a motion -- Commissioner Sanchez: Companion item. Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have -- Vice Chairman Winton: Second. Chairman Gonzalez: -- a second. It's also an ordinance. Madam City Attorney. The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. Vicky Garcia -Toledo: Thank you. PZ.21 06-00351Iu ORDINANCE First Reading City ofMiami Page 144 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 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 APPROXIMATE 2.83± ACRES OF PROPERTIES LOCATED WITHIN AND APPROXIMATELY BOUNDED BY NORTHWEST 17TH STREET TO THE NORTH, INTERSTATE I-95 TO THE EAST, NORTHWEST 15TH STREET TO THE SOUTH, AND NORTHWEST 7TH AVENUE TO THE WEST, 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. 06-00351Iu - PAB Fact Sheet.pdf 06-00351 lu - Analysis.pdf 06-00351 lu - Concurrency.pdf 06-003511u - PAB Comp Plan Map.pdf 06-00351lu - PAB Zoning Map.pdf 06-00351lu - PAB Aerial Photo.pdf 06-003511u - PAB Legislation.pdf 06-003511u PAB Reso.PDF 06-003511u CC Land Use Map.pdf 06-003511u & 06-00351zc CC Aerial Map.pdf 06-003511u Legislation (Version 2).pdf 06-003511u & 06-00351zc Exhibit A.pdf 06-00351lu FR Fact Sheet.pdf 06-00351lu SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 10544, from "Industrial" to "General Commercial" to Change the Future Land Use Map of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately bounded by NW 17th Street to the north, Interstate 1-95 to the east, NW 15th Street to the south, and NW 7th Avenue to the west APPLICANT(S): Joe Arriola, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommened approval to City Commission on March 15, 2006 by a vote of 6-2. See companion File ID 06-00351zc and related File IDs 06-003521u, 06-00352zc and 06-00799zt. PURPOSE: This will change the above properties to General Commercial. Motion by Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: PZ.21. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZs (Planning & Zonings) 21, 22, 23, and 24 are companion items. These are a series of changes of land use and zoning from City ofMiami Page 145 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 industrial to general commercial. The -- PZ.21 and 22 is for the area approximately bounded by Northwest 17th Street to the north, 1-95 to the east, 15th Street to the south, and 17th Avenue to the west. PZs 20 -- that's 21 and 22; 23 and 24 are bounded by Northwest 20th Street to the north, 1-95 to the east, 17th Street to the south, and 7th Avenue to the west. The -- this has been recommended for approval by the Planning Department, approval by the Planning Advisory Board, and approval by the Zoning Board. The change -- Chairman Gonzalez: Do we have to vote independently? Ms. Slazyk: Individually, yes -- Chairman Gonzalez: Individual. Ms. Slazyk: -- you do because two of them are comprehensive plan amendments and the other two are zoning changes. Chairman Gonzalez: All right. PZ.21 is a public hearing. Anyone from the public that wants to address the Commission on this item, please come forward. Mariano. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I don't come here as a paid lobbyist or anything. I come here as a resident and taxpayer of the neighborhood, and I think -- Commissioner Sanchez: As a concerned resident. Mr. Cruz: -- this -- yeah, concerned, concerned. Commissioner Sanchez: Concerned, concerned resident. Mr. Cruz: And I think -- yeah, that's the adjective. It's important to us anything that brings development, jobs, and things to the area, and I think this change will accelerate whatever is going to be built there. That's very simple, and also one thing. The people that handling these people is same thing for Administration. They know now how to talk to the people. Years ago, other people, they didn't know how to talk to the people, but now it's a different -- different completely. Thank you. Chairman Gonzalez: Different ballgame. Mr. Cruz: Yeah. Chairman Gonzalez: Thank you, Mariano. Anyone else from the public? Seeing none, hearing none, the public hearing is closed. Vice Chairman Winton, would you please chair? I'll move PZ.21. Commissioner Regalado: Second. Vice Chairman Winton: We have a motion and a second on PZ.21. Comments? Chairman Gonzalez: It's an ordinance. Vice Chairman Winton: If not, Madam City Attorney, would you -- Commissioner Regalado: Well, Mr. Chairman. Vice Chairman Winton: -- read the ordinance, please? Yes. City of Miami Page 146 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Regalado: Just to -- Vice Chairman Winton: OK, I'm sorry. Commissioner Regalado: -- just a comment. As your representative on the Homeless Trust, I think it's important that we understand that all these changes are for Camillus House, and we have a representative of Camillus House, and in fact, representatives from the community look like out there when they were like next to each other, it looks like Camp David with the Israelis and the Palestinians, but -- Mariano being the Palestinian, and -- but also, I just want you to know that the Homeless Trust is looking forward -- it has received an extraordinary amount of money from the restaurant tax, and there will be a presentation by Dr. -- on May 27, before the Homeless Trust, and I think that if we get -- pass this today, he will be able to come before the Homeless Trust and explain the plan and maybe get the full support that this change will need, so I just wanted to say that, as your representative in the Homeless Trust -- the City's representative in the Homeless Trust, we, in the board, are looking forward to see this project move forward. Commissioner Spence -Jones: And -- Chairman Gonzalez: Very good. Commissioner Spence -Jones: -- Mr. Chairman, I also want to add -- Vice Chairman Winton: Yes, ma'am. Commissioner Spence -Jones: -- because the project's actually going to be in -- within my district and many of the housing or homeless -related shelters are in my district. I definitely look forward to having this project on 7th Avenue. I've been -- it's been great working along with Camillus House, and we're coming up with some great initiatives for women that are homeless, and I think that this is definitely the step in the right direction in cleaning up the area, so I commend everyone for working on it -- Vice Chairman Winton: Commissioner Sanchez. Commissioner Spence -Jones: -- including Rosario Kennedy -- Unidentified Speaker: Thank you. Commissioner Spence -Jones: -- and her hard work on it. Vice Chairman Winton: Commissioner. Commissioner Sanchez: If I'm not mistaken, it was about 21 years that - Vice Chairman Winton: Well, that's what I -- Commissioner Sanchez: -- this Commission -- 22 years this Commission batted back and forth; nobody wanted Camille [sic] moved, nobody wanted it in their backyard. Ms. Slazyk: Yeah. Commissioner Sanchez: For the last eight years that I sat here, we had debates -- there was heated debates between people that respected themselves, and it was just a very tough situation. Well, let me say, this City has come a long way, and when we're able to sit here together and join hands with the University of Miami, with Camillus House, government, private sector, putting City of Miami Page 147 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 together this plan that I think is really going to turn around this city and take it to another level - Vice Chairman Winton: And the community. Commissioner Sanchez: -- and the community because the community play a very important role in putting this plan together. I think it's something that we're all very proud of. I'm sorry it took 21 years to get it done, but I'm certainly glad to be here today to support it, all the items that are in front of us, to make sure that, in the near future, we're going to have the University of Miami, with a bio center. We're going to have the Camillus House, and we're certainly going to be giving a lot of people an opportunity to say I have a good job, so thank you so much to all those who labored so hard to put this together. Chairman Gonzalez: Roll call. Vice Chairman Winton: Couldn't have said it better. Commissioner Sanchez: Hurrah. Vice Chairman Winton: Couldn't have said it better. Have we read the ordinance yet? Chairman Gonzalez: No, not yet. Vice Chairman Winton: So any other comments from the Commission? If not, would you read the -- Commissioner Sanchez: From the peanut gallery. Vice Chairman Winton: -- ordinance, please? Vice Chairman Winton: Hmm? Commissioner Sanchez: From the peanut gallery. Vice Chairman Winton: Yeah. The Ordinance was read by title into the public record by the Assistant City Attorney. Priscilla A. Thompson (City Clerk): Roll call. Chairman Gonzalez: Roll call. Vice Chairman Winton: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. PZ.22 06-00351zc ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), AMENDING PAGE NO. 23 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FOR THE APPROXIMATE 2.83± ACRES OF PROPERTIES First Reading City of Miami Page 148 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 LOCATED WITHIN AND APPROXIMATELY BOUNDED BY NORTHWEST 17TH STREET TO THE NORTH, INTERSTATE 1-95 TO THE EAST, NORTHWEST 15TH STREET TO THE SOUTH, AND NORTHWEST 7TH AVENUE TO THE WEST, MIAMI, FLORIDA; FROM "1" INDUSTRIAL TO "C-2" LIBERAL COMMERCIAL (SEE MAP OF EXACT PROPERTIES ATTACHED HERETO AND COMPLETE LEGAL DESCRIPTIONS ON FILE); MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00351zc PAB Fact Sheet.pdf 06-00351zc - PAB Zoning Map.pdf 06-00351zc - PAB Aerial Photo.pdf 06-00351zc - PAB Legislation.pdf 06-00351zc PAB Reso.PDF 06-00351zc CC Analysis.pdf 06-00351zc CC Zoning Map.pdf 06-003511u & 06-00351zc CC Aerial Map.pdf 06-00351zc Legislation (Version 2).pdf 06-003511u & 06-00351zc Exhibit A.pdf 06-00351zc FR Fact Sheet.pdf 06-00351zc SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from "I" Industrial to "C-2" Liberal Commercial to Change the Zoning Atlas LOCATION: Approximately Bounded by NW 17th Street to the north, Interstate 1-95 to the east, NW 15th Street to the south, and NW 7th Avenue to the west APPLICANT(S): Joe Arriola, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 15, 2006 by a vote of 6-2. See companion File ID 06-00351Iu and related File IDs 06-003521u, 06-00352zc and 06-00799zt. PURPOSE: This will change the above properties to C-2 Liberal Commercial. Motion by Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.22, companion. Vice Chairman Winton: PZ.22, companion item. Chairman Gonzalez: I'll move PZ.22. Vice Chairman Winton: Got a motion. Commissioner Regalado: Second. Vice Chairman Winton: This is a public hearing. Anyone from the public like to comment on City ofMiami Page 149 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 PZ.22? Anyone from the public? If not, the public hearing is closed. We have a motion and a second. Discussion. If not, ordinance -- read the ordinance, please. The Ordinance was read by title into the public record by the Assistant City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. PZ.23 06-00352Iu ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES APPROXIMATELY BOUNDED BY NORTHWEST 20TH STREET TO THE NORTH, INTERSTATE 1-95 TO THE EAST, NORTHWEST 17TH STREET TO THE SOUTH AND NORTHWEST 7TH AVENUE TO THE WEST, 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. 06-003521u - PAB Fact Sheet.pdf 06-003521u - Analysis.pdf 06-003521u - Concurrency.pdf 06-003521u - Comp Plan Map.pdf 06-003521u - Zoning Map.pdf 06-003521u - Aerial Photo.pdf 06-003521u - PAB Legislation.pdf 06-003521u PAB Reso.PDF 06-003521u Legislation (Version 2).pdf 06-003521u & 06-00352zc Exhibit A.pdf 06-003521u FR Fact Sheet.pdf 06-003521u SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 10544, from "Industrial" to "General Commercial" to Change the Future Land Use Map of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately Bounded by Northwest 20th Street to the north, Interstate 1-95 to the east, Northwest 17th Street to the south and Northwest 7th Avenue to the west APPLICANT(S): Joe Arriola, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 15, 2006 by a vote of 7-1. See companion File ID 06-00352zc and related File IDs 06-003511u, 06-00351zc and 06-00799zt. City ofMiami Page 150 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 PURPOSE: This will change the above properties to General Commercial. Motion by Chairman Gonzalez, seconded by Commissioner Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones Lourdes Slazyk (Assistant Director, Planning & Zoning): OK, P -- Chairman Gonzalez: I'll move PZ.23, Mr. Chairman. Commissioner Spence -Jones: Second. Commissioner Sanchez: Public hearing. Vice Chairman Winton: Yes. We got a motion -- Commissioner Sanchez: Second. Vice Chairman Winton: -- and second on PZ (Planning & Zoning) -- which one? Chairman Gonzalez: 23. Ms. Slazyk: 23. Vice Chairman Winton: -- 23. PZ.23 is also a public hearing. Anyone from the public like to comment on PZ.23? If not, the public hearing is closed. Comment? If not, read the ordinance. The Ordinance was read by title into the public record by the Assistant City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. PZ.24 06-00352zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 23 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FOR THE APPROXIMATE 7.88± ACRES OF PROPERTIES LOCATED WITHIN AND APPROXIMATELY BOUNDED BY NORTHWEST 20TH STREET TO THE NORTH, INTERSTATE 1-95 TO THE EAST, NORTHWEST 17TH STREET TO THE SOUTH AND NORTHWEST 7TH AVENUE TO THE WEST, MIAMI, FLORIDA; FROM "1" INDUSTRIAL TO "C-2" LIBERAL COMMERCIAL. (SEE MAP OF EXACT PROPERTIES ATTACHED HERETO AND COMPLETE LEGAL DESCRIPTIONS ON FILE); MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 151 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 06-00352zc - PAB Fact Sheet.pdf 06-00352zc - Zoning Map.pdf 06-00352zc - Aerial Photo.pdf 06-00352zc - PAB Legislation.pdf 06-00352zc PAB Reso.PDF 06-00352zc CC Analysis.pdf 06-00352zc Legislation (Version 2).pdf 06-003521u & 06-00352zc Exhibit A.pdf 06-00352zc FR Fact Sheet.pdf 06-00352zc SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000, from "I" Industrial to "C-2" Liberal Commercial to Change the Zoning Atlas LOCATION: Approximately Bounded by Northwest 20th Street to the north, Interstate 1-95 to the east, Northwest 17th Street to the south and Northwest 7th Avenue to the west APPLICANT(S): Joe Arriola, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 15, 2006 by a vote of 7-1. See companion File ID 06-003521u and related File IDs 06-003511u, 06-00351zc and 06-00799zt. PURPOSE: This will change the above properties to C-2 Liberal Commercial. Motion by Chairman Gonzalez, seconded by Commissioner Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones Vice Chairman Winton: And final item, PZ.24. Lourdes Slazyk (Assistant Director, Planning & Zoning): 24. Chairman Gonzalez: PZ.24, I'll move PZ. 24. Commissioner Sanchez: Second. Commissioner Spence -Jones: Second. Vice Chairman Winton: Motion, second. Public hearing. Anyone from the public like to comment on PZ.24? If not, public hearing is closed. Read the ord -- any comments? Read the ordinance, please? The Ordinance was read by title into the public record by the Assistant City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. City ofMiami Page 152 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Vice Chairman Winton: I would call this historic. Joe Arriola (City Manager): Can I -- Mr. Chairman, can I make a comment for one second? Commissioner Sanchez: Hey, you think the Herald's going to write about this? Mr. Arriola: I think that you guys have -- Vice Chairman Winton: Yeah, on the back page. Mr. Arriola: -- congratulated everybody, but being that I've been involved with this a little while, I want to congratulate all five of you. This is true leadership. You have no idea what you've done today. Vice Chairman Winton: Oh, yes, we do. Mr. Arriola: Ten years from now, when this is the center in the City of Miami, you should remember this day because this is the day of the beginning of something you changed for Overtown, for Allapattah, for the City of Miami, for the homeless, and for an industry that you have just built in the City of Miami with this vote. Thank you. Commissioner Sanchez: Well, you were a part of it. All right. Applause. Commissioner Sanchez: Well, listen, save that for tonight, the Heat game, OK? Chairman Gonzalez: Thank you. Commissioner Sanchez: Save that for tonight. PZ.25 06-00140 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 9, SECTION 917.7.2 IN ORDER TO AMEND THE NAME OF THE COMMUNITY REVITALIZATION DISTRICTS (CRD) TO NEIGHBORHOOD DEVELOPMENT ZONES (NDZ); AMENDING THE BOUNDARIES THERETO AND TYING THE BOUNDARIES TO THOSE SPECIFIED IN THE CITY OF MIAMI CONSOLIDATED PLAN FISCAL YEARS 2004-2009, AS MAY BE AMENDED; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00140 Legislation.pdf 06-00140 Map.pdf 06-00140 PAB Reso.pdf 06-00140 FR Fact Sheet 02-23-06.pdf 06-00140 FR Fact Sheet 03-23-06.pdf 06-00140 FR Fact Sheet 04-27-06.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager, on behalf of the City of Miami City ofMiami Page 153 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on January 18, 2006 by a vote of 7-0. PURPOSE: This will amend the references and boundaries of the former CRDs to reflect the new NDZs as identified in the current City of Miami Consolidated Plan Fiscal Years 2004-2009. CONTINUED A motion was made by Commissioner Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Winton and Commissioner Regalado absent, to continue Item PZ.25 to the Commission meeting currently scheduled for May 25, 2006. PZ.26 06-00367zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 9, SECTION 906.9 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY ADDING PROVISIONS FOR TEMPORARY AUTO SALES, REQUIRING ISSUANCE OF CLASS I SPECIAL PERMIT; PROVIDING FOR CRITERIA; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00367zt - PAB Fact Sheet.pdf 06-00367zt - PAB Legislation.pdf 06-00367zt PAB Reso.PDF 06-00367zt Legislation (Version 2).pdf 06-00367zt FR Fact Sheet.pdf 06-00367zt SR Fact Sheet.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 15, 2006 by a vote of 8-0. PURPOSE: This will allow temporary automobile sales by Class I Special Permit subject to limiting conditions. Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Chairman Gonzalez: OK. Meanwhile, while you decide what you want to do, let's take -- Vice Chairman Winton: Yeah. Chairman Gonzalez: -- PZ.26. City ofMiami Page 154 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 Vice Chairman Winton: OK Lourdes Slazyk (Assistant Director, Planning & Zoning): OK. PZ.26 is a first reading text amendment. This is in order to expand the temporary event section of the Code to allow temporary auto sales; requires a Class I Special Permit. There are some limiting conditions, which include having to have properties of at least five acres in size, no closer than 300 feet from residentially zoned properties, and there is a maximum of six consecutive days for such events, and a maximum of the number of events you can have per year. There's also some requirements that any proposed tent, air balloons, or banners had to be situated clear of ingress and egress points for safety purposes. It's been recommended for approval by the Planning Advisory Board and approval by the Planning Department. Commissioner Regalado: So -- Chairman Gonzalez: All right. Commissioner Regalado: -- Mr. Chairman, what is this for? Ms. Slazyk: This is to increase the number of special events if they are auto sales on properties, including GI (Government/Institutional) properties, so it would include large, City -owned parcels, or include like the dog track property. Commissioner Regalado: Oh -- Ms. Slazyk: It would not be allowed on small, little infill sites within the City. You have to have a large site, and it lets you have more of them per year. Commissioner Regalado: Larger than what? Ms. Slazyk: Five acres. Commissioner Regalado: OK, so this will be only for the dog track, Orange Bowl -- Vice Chairman Winton: Orange Bowl. Ms. Slazyk: The Orange Bowl might qualify. There may be others that we're not aware, but five acres is the minimum. Commissioner Regalado: How about Home Depot in Southwest 8th Street and 29th Avenue? Ms. Slazyk: They are -- they five acres? I don't know. Commissioner Regalado: I don't know, but -- Ms. Slazyk: I'm not -- Commissioner Regalado: I don't know, but if they do that, then they going to send the employees and the customers parking around the neighborhood. Ms. Slazyk: Well, the problem is, if they're going to do it in an existing parking lot, they wouldn't be allowed because then they would be deficient on parking for the actual Home Depot use, so that would be a way -- you'd have to have five excess acres, and I don't think they meet it. It's only allowed on GI properties or properties that allow car sales as a permitted use, and I think they're C-1, and I think in C-1, you need a special exception for car sales, so -- City of Miami Page 155 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Regalado: Remember, they did -- Ms. Slazyk: -- they may not qualify. Commissioner Regalado: -- the Christmas trees. Ms. Slazyk: That's a temporary event that's not like these because it's not taking your parking away. Commissioner Regalado: Oh, yes, it did -- Ms. Slazyk: They did? Commissioner Regalado: -- and Code Enforcement closed it. Ms. Slazyk: How -- yeah -- they closed them? Commissioner Regalado: Yeah. Ms. Slazyk: That's probably because they exceeded what they were allowed to do. Commissioner Regalado: Well, I'm just saying, you know. Ms. Slazyk: Yeah. Commissioner Regalado: I understand that this is for the dog track and probably the Orange Bowl -- Ms. Slazyk: Right. Commissioner Regalado: -- but we need to be precise on this, you know, because they may use it. Ms. Slazyk: Let me see if by sec -- let me meet with the Zoning administrator and see if, by second reading, we -- I can give you an answer, but if it's not a permitted use in that district, they wouldn't qual fy anyway, but I'll -- Commissioner Regalado: OK. Ms. Slazyk: -- get you that answer. Commissioner Regalado: Thank you. Chairman Gonzalez: All right. Do I have a motion? Nina West: Wait. Commissioner Sanchez: So move. Ms. West: Is this a public hearing? Commissioner Regalado: Second. Vice Chairman Winton: Second. City of Miami Page 156 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Chairman Gonzalez: OK. We have a motion and we have a second. Yes, ma'am. It's a public hearing. Come in. Ms. West: I came across this quite by accident because I went to the Planning Board on something else, but I would like the Commission to be aware that there are people who do live across the street from the dog track; that the traffic goes to and from the airport, and this 37th Avenue side is a very, very busy street, and when the flea market is just on the weekends, the traffic is backed up way, way down in both directions. It's impossible to get in and out of the airport. I also think -- but this is just my personal opinion -- that this is an increase over what was available before. They were allowed to have fewer days, as explained to me by Lourdes, right? In the past, they could have fewer days in a row. They weren't allowed to have six. Ms. Slazyk: No. Ms. West: When I asked you at the Planning Board. Ms. Slazyk: Yeah. The six consecutive days is all they could do for this event. Other special events allow you to have two weeks; this is less. Ms. West: No, no, no. I'm talking about this. We were talking about this at the time, I think -- Ms. Slazyk: OK. I don't recall the question. Ms. West: -- and -- all right, but it doesn't matter. Anyway, I'm very, very concerned about the traffic over there because it is backed up with just the flea market, and if anybody's been to a car auction, it makes a lot of noise. It's very noisy, and I don't live in that neighborhood, but I don't think I would want to live in that neighborhood while they're setting up for this, while they're tearing down for this, and while it was going on, and I don't know how many they're restricted to -- six days, how many uses per year in one location, and I think that puts an awful lot of stress on a neighborhood. Thank you. Chairman Gonzalez: Thank you. Commissioner Regalado: Nina, I would like to respond to that because that is the district that I represent. The dog track is within my -- the District 4, and it is sort of a catch-22 there. The good news is that no events exit or enter on 39th Avenue, which is the residential part. The only fronting area, the dog track, with residential is 39th Avenue from 8th Street to 11 th Street. Special events or flea markets, or what have you, no one exit or comes in through that area. Yes, there is gridlock during the flea market on 37th, and sometimes, 7th Street, although they hire off -duty police department. My -- the reason that I asked about the dog track is my concern and the concern of the residents is that this is probably the largest piece of land, private, that remains in the City of Miami. If the referendum for slots machine is derailed by the legislature, and there's no referendum next year, and the people of Dade County cannot vote, probably, I guess, the people of the dog track will sell the property, and the rumor was that it will be like a mega Wal-Mart store there. That would really impact the residential area which is all around. There is no residential area across the street on 37th Avenue at all from Northwest 7th to Flagler, and there is no residential not up until the Northwest Flagler Terrace, so I'm kind of hoping that if they can come up with some car sales, they will be able to sustain their self and not because -- one thing that the neighbors do not want, and I've met with them many, many times, is a big -box, huge mega store there, and -- because that would impact -- as we are seeing in Home Depot in Southwest 8th Street, so that's why I was asking -- Ms. West: And soon, Coconut Grove. City of Miami Page 157 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Regalado: Well -- Ms. West: Very soon, but thank you very much. Commissioner Regalado: You're welcome. Vice Chairman Winton: OK. I think we're -- I just became chairman again. I think this is in the public hearing phase. Anyone else from the public who want to comment on PZ.26? If not, the public hearing is closed. We have a motion and a second. Any other comments? PZ.26, is it an ordinance? Commissioner Regalado: Ordinance -- Julie O. Bru (Assistant City Attorney): Ordinance. Commissioner Regalado: -- first reading. Vice Chairman Winton: Would you read the ordinance, please? The Ordinance was read by title into the public record by the Assistant City Attorney. Vice Chairman Winton: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.27 06-00100 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY DENYING OR GRANTING VARIANCES FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A FRONT SETBACK OF 4'7" WHERE 10'0" IS REQUIRED, AND A SIDE STREET SETBACK OF 0'0" WHERE 7'6" IS REQUIRED FOR THE PROPERTY LOCATED AT APPROXIMATELY 1800 SOUTHWEST 8TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." City ofMiami Page 158 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 06-00100 Legislation (Version 2).pdf 06-00100 Exhibit A.pdf 06-00100 Legislation (Version 3).pdf 06-00100 Exhibit A.pdf 06-00100 Zoning Board Appeal Letters.pdf 06-00100 Analysis.pdf 06-00100 Zoning Map.pdf 06-00100 Aerial Map.pdf 06-00100 ZB Reso.pdf 06-00100 ZB Transcript.pdf 06-00100 Application & Supporting Docs.pdf 06-00100 Plans.pdf 06-00100 Fact Sheet 03-23-06.pdf 06-00100 Fact Sheet 04-27-06.pdf 06-00100 E-mail.pdf 06-00100 Petition.pdf 06-00100 Photos.pdf REQUEST: Appeal of a Zoning Board Decision of Variances LOCATION: Approximately 1800 SW 8th Street APPLICANT(S)/APPELLANT(S): 1800 Group, LLC AGENT(S): Oscar Rivero, Managing Member FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and denial of the Variances. ZONING BOARD: Denied the Variances on January 9, 2006 by a vote of 7-1. PURPOSE: The approval of this appeal will allow a multifamily project with fewer setbacks than required. CONTINUED A motion was made by Commissioner Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to continue Item PZ.27 to the Commission meeting currently scheduled for May 25, 2006. Commissioner Sanchez: Could you allow me to bring up one item -- Lourdes Slazyk (Assistant Director, Planning & Zoning): 27, right. Commissioner Sanchez: -- in my district that was the following one -- Ms. Slazyk: Yeah, the -- Commissioner Sanchez: -- so I can leave and come back? Ms. Slazyk: -- PZ.27. Commissioner Sanchez: Please? City ofMiami Page 159 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Spence -Jones: Sure. Commissioner Sanchez: All right. Ms. Slazyk: Yeah, PZ.27 is -- Commissioner Sanchez: Let's take that up. Ms. Slazyk: -- an appeal of the Zoning Board decision -- Commissioner Sanchez: Which is your item? Unidentified Speaker: 33. Commissioner Sanchez: I'm sorry, ma'am. I really -- and you've been here all day. I apologize. I -- Chairman Gonzalez: And they've been here all day. Vice Chairman Winton: And so have the folks for 35. They've been -- Chairman Gonzalez: Yeah. Vice Chairman Winton: -- here all day. Commissioner Sanchez: I'm so sorry. I apologize. I will be back for your item. I promise. Vice Chairman Winton: How are you going to do that in 45 minutes? Commissioner Sanchez: Maybe 30 minutes, Johnny. Why are you always questioning me? Ms. Slazyk: PZ.27 -- Commissioner Regalado: What -- Chairman Gonzalez: PZ.27. Ms. Slazyk: -- is an appeal of -- Commissioner Regalado: -- are we doing here? Commissioner Spence -Jones: What -- Chairman Gonzalez: PZ.27 is an appeal, isn't it? Ms. Slazyk: P -- yes, PZ.27 is an appeal. The Zoning Board denied it, and the appellant is here before you. It's for a setback variance at 1800 Southwest 8th Street. It's the Havana Lofts project. Commissioner Regalado: Yeah, but I need clarification on this. This is actually on Commissioner Sanchez district -- Commissioner Sanchez: Yes. Commissioner Regalado: -- but this is up to 9 Street, which is District 4. City of Miami Page 160 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Sanchez: No, it doesn't touch your street. Unidentified Speaker: No. Commissioner Regalado: Yes, it does. Unidentified Speaker: No. Commissioner Sanchez: No. It's next door to (UNINTELLIGIBLE) cinco, cero, seis; it's not across the street. Commissioner Regalado: Yes, it does. Chairman Gonzalez: No, no, no. Commissioner Regalado: My district starts on 9 Street -- Commissioner Sanchez: Your district starts -- Commissioner Regalado: -- and 17th Avenue. Commissioner Sanchez: -- on the south side of 9th Street. Commissioner Regalado: Well, on the south side of 9 Street. Chairman Gonzalez: And this is 1800 Southwest 8th Street. Commissioner Sanchez: It's not your district, but, hey, anyway -- Vice Chairman Winton: What item is it? Commissioner Regalado: It's 27. Commissioner Sanchez: -- you're always in my district anyway. Chairman Gonzalez: It's at -- Commissioner Regalado: No, the thing is -- my complaint is that no one from the Department briefed me on this. I didn't know anything about it. Commissioner Sanchez: Well, sir, with all due respect, I think every time that something like that comes, I would entertain a motion to defer if you want to defer it, with due respect. Commissioner Regalado: I would really like to be brief on all these -- Commissioner Sanchez: Is it time sensitive? Commissioner Regalado: -- consequences -- Alicia Cuervo Schreiber (Chief of Operations): I think it is. Commissioner Regalado: -- so I will ask -- Commissioner Sanchez: There was a problem before, and then they've corrected it -- City of Miami Page 161 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Ms. Cuervo Schreiber: They were already deferred one time -- Commissioner Sanchez: -- and now they're bringing it back. Ms. Cuervo Schreiber: -- prior. Commissioner, if I may speak on the item, maybe it'll clear it up. Originally, the applicant had a variance of -- a 10 foot variance on the side property facing the adjoining street, and a 7.5 foot variance on the front street. They have dropped and redesigned their building to eliminate the 10 foot variance on the side street, and on the front street, technically, because of the way the base building line is placed and the way the build -out of the road is, it's really a variance of 2.5 feet. However, mathematically, it's 7.5, but physically, when you look at the road and the base building line, it's 2.5 feet, so it's a nominal variance. It has no impact. It's compatible with the build -out on both sides. We went out to the site, staff did. We really -- Commissioner Sanchez: I'm prepared to -- Chairman Gonzalez: All right. What -- Commissioner Sanchez: -- move on it. Chairman Gonzalez: You want to defer it? Commissioner Regalado: It's Commissioner Sanchez district, but I'm looking at the Planning Department -- Chairman Gonzalez: All right. Commissioner Regalado: -- recommended denial. Julie O. Bru (Assistant City Attorney): Mr. Chairman, if I may. This is before you on an appeal of a denial by the Zoning Board of this variance. We're still under -- for this matter, we're under the standard of the Morningside case, so you're limited to considering only the record, whatever was presented to the Zoning Board, so if this information that Alicia is giving you now is new information, you can't consider that as part of your technical information to make this decision. Commissioner Sanchez: Well, I think you've said enough. Move to defer. Commissioner Regalado: I second. Chairman Gonzalez: All right. We have a motion to defer PZ.27, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed -- Ms. Slazyk: Can we have date certain May 25? Chairman Gonzalez: -- have the same right. Pardon me? Vice Chairman Winton: What? Ms. Slazyk: Date certain of May 25, please? Chairman Gonzalez: May 25. City of Miami Page 162 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 PZ.28 06-00441za RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY DISMISSING OR REMANDING AN APPEAL BY OCTAVIO ROBLES WHEREIN HE REQUESTED THAT THE 180 DAY PERIOD PROVIDED IN SECTION 2105.4.1(a) OF ORDINANCE NO. 11000 BE STRICKEN OR IN THE ALTERNATIVE BE CONSIDERABLY EXTENDED TO REFLECT A REASONABLE PERIOD IN TODAY'S PERMITTING CLIMATE. 06-00441za Legislation (Version 2).pdf 06-00441za Legislation (Version 3).pdf 06-00441za ZB Appeal Letter.pdf 06-00441za ZB Reso.pdf 06-00441za Zoning Administrator Appeal Letter.pdf 06-00441za Fact Sheet 04-27-06.pdf REQUEST: Appeal of a Zoning Board Decision of the Zoning Administrator Interpretation and Decision Appeal APPELLANT(S): Octavio Robles FINDINGS: OFFICE OF ZONING: Recommended denial of the appeal and approval of the administrator's interpretation and decision. ZONING BOARD: Dismissed the appeal for failure to state any grounds upon whihc relief can be granted. PURPOSE: The approval of this appeal will reverse the decision of the Zoning Board and remand the appeal to the Zoning Board. CONTINUED A motion was made by Commissioner Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Winton and Commissioner Regalado absent, to continue Item PZ.28 to the Commission meeting currently scheduled for June 22, 2006. PZ.29 06-00407v RESOLUTION This item was WITHDRAWN on April 17, 2006 by the applicant/appellant. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY DENYING OR GRANTING VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, REQUIRED SIDE SETBACK, TO ALLOW A SIDE SETBACK OF 5'0" (20'0" REQUIRED) FOR THE PROPERTY LOCATED AT APPROXIMATELY 1001 NORTHWEST 54TH STREET, MIAMI, FLORIDA, PURSUANT TO CONDITIONS FROM THE ZONING BOARD, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." City ofMiami Page 163 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 06-00407v Analysis.pdf 06-00407x & 06-00407v Zoning Map.pdf 06-00407x & 06-00407v Aerial Map.pdf 06-00407v Application & Supporting Docs.pdf 06-00407x & 06-00407v Plans.pdf 06-00407v ZB Fact Sheet.pdf 06-00407v & 06-00407x Appeal Letter.pdf 06-00407v & 06-00407x Exhibit A.pdf 06-00407v ZB Reso.pdf 06-00407v Fact Sheet.pdf 06-00407v & 06-00407x Withdrawal Letter.pdf REQUEST: Appeal of a Zoning Board Decision of a Variance LOCATION: Approximately 1001 NW 54th Street APPELLANT(S)/APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Tri-Arts, LLC, Owner & Coral Place Limited Partnership, LLC, Contract Purchaser FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and denial of the Variance. ZONING BOARD: Denied the Variance on March 27, 2006 by a vote of 5-1. See companion File ID 06-00407x. PURPOSE: The approval of this appeal will allow less side setbacks that required. This item was WITHDRAWN on April 17, 2006 by the applicant/appellant. WITHDRAWN PZ.30 06-00407x RESOLUTION This item was WITHDRAWN on April 17, 2006 by the applicant/appellant. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING OR DENYING THE APPEAL, REVERSING OR AFFIRMING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING OR DENYING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 917.6, SCHEDULE OF DISTRICT REGULATIONS, TO PERMIT REDUCTION OF OFFSTREET PARKING REQUIREMENTS IN CONNECTION WITH HOUSING FOR LOW INCOME FAMILIES AND INDIVIDUALS IN AN AMOUNT NOT LESS THAN 1/2 OF THE SPACES GENERALLY REQUIRED, WHERE THE APPLICANT IS PROPOSING 111 SPACES, WHERE 176 ARE GENERALLY REQUIRED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1001 NORTHWEST 54TH STREET, MIAMI, FLORIDA, PURSUANT TO ANY CONDITIONS FROM THE ZONING BOARD, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." City ofMiami Page 164 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 06-00407x Analysis.pdf 06-00407x & 06-00407v Zoning Map.pdf 06-00407x & 06-00407v Aerial Map.pdf 06-00407x Application & Supporting Docs.pdf 06-00407x Plans.pdf 06-00407x ZB Fact Sheet.pdf 06-00407v & 06-00407x Appeal Letter.pdf 06-00407x ZB Reso.pdf 06-00407v & 06-00407x Exhibit A.pdf 06-00407x Fact Sheet.pdf 06-00407v & 06-00407x Withdrawal Letter.pdf REQUEST: Appeal of a Zoning Board Decision of a Special Exception LOCATION: Approximately 1001 NW 54th Street APPELLANT(S)/APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Tri-Arts, LLC, Owner & Coral Place Limited Partnership, LLC, Contract Purchaser FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions* of the appeal and approval with conditions* of the Special Exception. ZONING BOARD: Denied the Special Exception on March 27, 2006 by a vote of 6-0. See companion File ID 06-00407v. *See supporting documentation. PURPOSE: The approval of this appeal will allow a reduction in parking requirements for low income housing. This item was WITHDRAWN on April 17, 2006 by the applicant/appellant. WITHDRAWN PZ.31 05-00517 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 2460 SOUTHWEST 16TH COURT AND A PORTION OF 2465 SOUTHWEST 17TH AVENUE, MIAMI, FLORIDA, FROM "OFFICE" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 165 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 05-00517 Legislation (Version 1).pdf 05-00517 & 05-00517a Exhibit A.pdf 05-00517 Analysis.pdf 05-00517 Land Use Map.pdf 05-00517 & 05-00517a Aerial Map.pdf 05-00517 School Impact Analysis.pdf 05-00517 PAB Reso.pdf 05-00517 Application & Supporting Docs.pdf 05-00517 FR Fact Sheet 11-17-05.pdf 05-00517 FR Fact Sheet 12-01-05.pdf 05-00517 Submittal-1.pdf 05-00517 Submittal-2.pdf 05-00517 & 05-00517a 02-07-06 Zoning Administrator E-mail.PDF 05-00517 Legislation (Version 2).pdf 05-00517 FR Fact Sheet 04-27-06.pdf 05-00517 Submittal.pdf 05-00517 Submittal e-mail.pdf 05-00517 Submittal Letters.pdf 05-00517 Submittal Map.pdf 05-00517 Submittal Negotiations with residents.pdf 05-00517 Submittal Photo.pdf 05-00517 Sumbittal Petition.pdf 05-00517 Submittal Photo & Map.pdf REQUEST: To Amend Ordinance No. 10544, from "Office" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 2460 SW 16th Court and a Portion of 2465 SW 17th Avenue APPLICANT(S): Melissa Tapanes Llahues, Esquire, on behalf of Richard Fonseca and Fonseca & Associates, Inc. FI NDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended denial due to the failure to obtain the required five affirmative votes in favor to City Commission on May 18, 2005 by a vote of 2-3. See companion File ID 05-00517a. PURPOSE: This will change the above properties to Restricted Commercial. NOTE: On February 7, 2006, the Zoning Administrator determined that the proposed Zoning Change companion amendment should return to the Zoning Board with a revised application due to the omission of the SD-12 Buffer Overlay District zoning designation; therefore, returning to City Commission as First Reading. DENIED A motion was made by Commissioner Sanchez, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Winton absent, to deny Item PZ.31. City ofMiami Page 166 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 Chairman Gonzalez: OK. PZ.25 have been deferred to May 25. Commissioner Sanchez: Mr. Chairman, if I may. We have -- I have a PZ (Planning & Zoning) item 31, which I have some homeowners from my district that are here. Chairman Gonzalez: 31. Commissioner Sanchez: 31. Let me just advise you that I have to break away at 6 o'clock and will be back about 6:30, or 6:40, the latest. The way that the agenda is going, you might have to wait for me to get back to get this done. If you have all your residents here, we'll be more than glad to do it. If not, I'll do whatever you want, and I'll wait. Chairman Gonzalez: You want to do it now? Vice Chairman Winton: Well, I got some people here too that have been since the morning, and they're on the last item. Commissioner Sanchez: Well, let's get them out of the way because, I mean -- Chairman Gonzalez: Yeah, let's -- Commissioner Sanchez: -- we want -- Chairman Gonzalez: -- get them out of the way. Vice Chairman Winton: OK. That'd be fine, that'd be great. Commissioner Sanchez: I mean, it's up to them. Vice Chairman Winton: Well, I would ask the -- Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes, no? Vice Chairman Winton: -- same question on PZ.35. "[Later...]" Vice Chairman Winton: PZ.20 -- Commissioner Sanchez: All right. Vice Chairman Winton: PZ (Planning & Zoning) -- Commissioner Sanchez: PZ.31. Ms. Slazyk: OK. PZ.31 and -- Priscilla A. Thompson (City Clerk): Before -- I'm sorry, before we start on that, Vice Chair, I think we do need to administer the oath again. I think we have -- Ms. Slazyk: Yeah, some new people. Ms. Thompson: -- individuals who came in. City of Miami Page 167 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Sanchez: Yeah, let's -- we had some residents -- Vice Chairman Winton: So, Madam Clerk. Commissioner Sanchez: -- that have showed up. Let's go ahead and swear -- Ms. Thompson: Yes. Commissioner Sanchez: -- them in. Ms. Thompson: If there's anyone else in the audience that'll be testifying on the rest of the PZ items and you've not been sworn in, can you please stand so we can swear you in? Please raise your right hands. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Ms. Slazyk: PZ.31 and 32 are first reading ordinances. This is for a change of land use and zoning. The property is 2460 Southwest 16th Court and a portion of 2465 Southwest 17th Avenue. The request is from office to restricted commercial, and the zoning change from 0 (office) to C-1. This has been recommended for approval by the Planning Department, recommended for denial by the Planning Advisory Board, due to a failure to get the five required affirmative votes, and recommended for denial by the Zoning Board. The City Commission did hear this item on first reading, and had granted approval on first reading, and because of a technical SD-12 buffer overlay zoning omission in the application, it did have to return back to the Zoning Board for readvertisement to come back to you, so it is here before you today again on a new first reading, and again, the Planning Department is recommending for approval. Vice Chairman Winton: Yes. Melissa Tapanes Llahues: Good evening. Melissa Tapanes Llahues, with the law firm of Bercow & Radell, 200 South Biscayne Boulevard, Miami. I'm joined here today with my client, Richard Fonseca, the owner and applicant of the property, as well as my colleague, Ben Fernandez. As staff mentioned to you, this Commission unanimously approved this exact same item on December 1, 2005. We are here because of notice issues, an SD-12 overlay, as well as it was not posted at Zoning Board, so we had to go back to Zoning Board and we're back here today. You may recall that this property is located at Southwest IstAvenue, Southwest 16th Court, and Southwest 17th Avenue, directly across from the Metrorail path station and US 1. Our client, Mr. Fonseca, he owns both the Citgo gas station at that hard corner on 17th Avenue as well as the property abutting it, which is the subject of this application. As we mentioned to you, the intent of this application is to renovate the current four -unit apartment building called Woodside to a restaurant use, Anacapri Restaurant. You see here a rendering of what the property could look like as a refurbished restaurant use. Just to be very clear up front, currently the property is zoned office and SD-12. That allows unlimited height and 150 units per acre, the same exact density and height that we -- that is under the C-1, which we're requesting, so this is not a red herring. This is not requesting C-1 in order to develop it as a huge skyscraper. We can do that right now. The SD-12 overlay is meant for parking lots, so right now, for example, this -- the subject property could be developed as a parking lot for the C-1. However, again, our intent is to refurbish the building and create a high -end, upscale Anacapri Restaurant. It has other locations on Miracle Mile and in Pinecrest. It's a very world-renowned restaurant. As you can see by this aerial photograph, the property is completely surrounded by commercial and commercial -serving uses. There is the owner's Citgo gas station at 17th Avenue, the Casola's (UNINTELLIGIBLE) parking, which is the reason for that SD-12 overlay, as well as the City of Miami Page 168 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Casola's. Right across Southwest 16th Court, you have an FPL (Florida Power & Light) substation. This is not the type of enclave for a residential community. That's the reason why a commercial use and the rezoning and the redesignation of this property is so important. It's right in front of Southwest 1st Avenue, and if you recall driving down that avenue, you see US 1. It's right across the street; it's right over the path. Our understanding with the Miami Parking Authority is that they're even creating actually, and they've funded -- I believe there are some issues now with the County regarding handicap accessibility, but they're funding these 22 parking spaces, and I have the plans, which are already on the record. We have a favorable staff recommendation, as staff pointed out, and I would like to adopt the staff recommendation and put it into the record at this time. As far as neighborhood outreach, prior to even submitting this application, we reached out to the NET (Neighborhood Enhancement Team) offices and to the Commissioner's office. We began meeting with neighborhood leadership back in March 2005, prior to submitting this application. Prior to our first meeting with the neighborhood leader -- and you'll hear from her, Ms. Beba Mann, who is now a member of the PAB (Planning Advisory Board) -- we met with her and she went door-to-door to her neighbors without even hearing about our application, and basically, didn't know anything about our application; went door-to-door, and by the time we met, everybody was in opposition. As is been on the record through our two Zoning Board meetings, our Planning Advisory Board, and the first City Commission reading, the residents in -- that are here to oppose the project are unwilling to learn the facts of this application, and are unwilling to negotiate or come to a compromise. Vice Chairman Winton: Are willing or unwilling? Ms. Tapanes Llahues: Unwilling, unwilling. With that said, we've engaged in over thirty hours of meetings with these particular neighbors. We've exchanged dozens of e-mail (electronic mail) correspondence and certified letters to the homeowners' association pleading with them to -- asking them to meet with us in order to reach a compromise. As I believe the Commissioner well knows, their interest is to close Southwest 16th Court to all traffic. Their issue with -- is with Casola's and their parking lot; has nothing to do with this specific property. They'll argue today that this is a commercial intrusion on their -- in their residential area. I submit to you that this is an enclave surrounded by commercial uses. This is an FPL substation, a gas station, and a Casola's, right in front of the Metrorail path and US 1. They'll also say that there is an issue with traffic in this neighborhood. There has been a plan -- the roads plan to create all sorts of traffic calming devices within this area, and a quality restaurant, as your staff recommendation correctly points out, generates less traffic than what is the as -of -right development. More about that as -of -right development. Right now, the owner can build, with his joint property, 114 dwelling units with unlimited height, plus the bonuses for being within 600 feet of the Metrorail path, so we're speaking about a very large residential development, and I'll submit to you, if that was the owner's intent, we would not be going through this process asking for a C-1. We're going through this process because we want to place a restaurant there. We believe that is what is compatible with the area. It's a neighborhood -serving use. It will benefit the neighbors by providing jobs and services, and again, the neighbors' issue is Southwest 16th Court. Many have told us privately and on the record that their -- that they have no problem with this application. It's all about closing 16th Court, and this is their pulpit. I ask you to please not make this application suffer for something that has nothing to do with the merits of it. Again, this is consistent with planning sound principles. It's compatible with the surrounding uses. The redevelopment into a quality restaurant will benefit the surrounding community, provide less traffic. The density and height restrictions are equivalent --150 units per acre, unlimited height -- under both our proposed and our as -of -right development. This is not a red herring. We would not go through this entire one-year process that it's taken us to come back to this point in order to come back and request a MUSP (Major Use Special Permit) next month and go through another yearlong process. That doesn't make any common sense, and it's definitely not in my client's best interest. This is a conceptual plan, and this is what could be of that building if it was approved tonight. We ask for your approval tonight, just as was done on December 1, and we're available for any questions, and reserve, respectfully, time for rebuttal, as well as to ask City of Miami Page 169 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 questions to the members of the public that are here. At this time, I'd also like to submit for the record, as I mentioned previously -- these are 30 letters in support of this application, and I'd like to submit that to the record, as well as our negotiations with the residents, there're certified letters; there's e-mail correspondence. In pervious hearings, they've said that we never met with them, things of that sort. These date back to February, March 2005. Thank you very much. Vice Chairman Winton: Yes, ma'am. Louise Caro: Hello. Louise Caro, 3683 Avocado Avenue. I'm here on behalf of the residents, and first off I wanted to know am I going to be restricted to two minutes? Commissioner Sanchez: Are you an attorney? Ms. Caro: Am Attorney. Commissioner Sanchez: Are -- Vice Chairman Winton: You're what? Commissioner Sanchez: -- you a lob -- are you -- Ms. Caro: Yes. Commissioner Sanchez: -- registered -- Ms. Caro: Yes. Commissioner Sanchez: -- with the City? Ms. Caro: Yes. Commissioner Sanchez: You're representing -- Ms. Caro: OK. Commissioner Sanchez: -- them, you have as much time as you want. Ms. Caro: OK. Vice Chairman Winton: You have as much time as they had -- Commissioner Sanchez: Well, yeah. Vice Chairman Winton: -- so whatever that is, right. Commissioner Sanchez: Same -- Ms. Caro: OK. I just wanted to clarify that. First of all, this is not a pulpit for closing 16th Avenue. That is a misconception. What this is really all about is maintaining the residential character of the neighborhood. You see in that rendition there sort of a zooming in of the C-1 area, but if you were to zoom out -- and we would really like you to zoom out tonight and look in the general area. This is residential. Across US 1 is Coconut Grove; that's all residential. It's just this corner right here that we're talking about. This is a long-standing residential area. The people have been there a long, long time, and they're feeling the impact already of the commercial, and they have been trying to get the City to pay attention to that. They have, for City of Miami Page 170 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 quite some time now, been asking for help with regard to how the commercial that is already there is impacting their neighborhood, so they're outraged. To -- Commissioner Sanchez: When you say the commercial that's affecting, you're talking Casola's? That's the only one. Ms. Caro: Well, let's think about this. Vice Chairman Winton: No, it's all -- Commissioner Sanchez: Or -- Vice Chairman Winton: -- commercial there. Commissioner Sanchez: -- the gas station. Ms. Caro: There's a gas station on the corner there. There's a few other stores, and -- Vice Chairman Winton: There's a dry cleaners. Ms. Caro: -- what has happened -- Vice Chairman Winton: There's a Quizno's. There's -- Ms. Caro: -- as a result of -- Vice Chairman Winton: -- a lot of commercial. Ms. Caro: -- having the commercial, it's a different kind of traffic. People don't care so much. They don't live there and then come out and come in. They whiz through there. The residents will show you photos of the traffic in the morning and in the evening already. They've had it. This residential area is not targeted as some commercial corridor; 17th Avenue is not a commercial corridor. It is a residential area, so the fact that the application says that it's compatible with the immediate area -- it's compatible with land that he already owes -- owns that's C-1, and once you take the leap and you go into commercial, it doesn't matter what this man wants to do with it today. It's now available for C-1 in the future, and since he already owns the other properties -- and I know that you've said that he is -- only wants a restaurant there, you know, it's now commercial and it's subject to, you know, whatever anybody wants to put there. They could un fy the title and do whatever, and so I know you're used to people coming up and saying, OK, we're going to have a large building here, a lot of residential, you know, to the sky kind of thing. That's not really what's concerning them. What's concerning them is keeping the character of the neighborhood, and you know what? You have the authority and the responsibility to do that. Your Zoning Code, Section 120, protection of the neighborhoods, the SD (special district) buffers -- buffers are there to protect residential neighborhoods, to buffer the neighborhoods, and then your comp. (comprehensive) plan, you -- there's -- you have Goal LU-1 and Policy one point -- dash three -- I mean, it's written all over. You have that ability to, and also, you have case law that says that. You have the Allapattah Community Association versus the City of Miami, where the court held the Community Association proved that rezoning was arbitrary, benefit only a commercial entity that owned two lots in the rezoned area, and did not benefit the public health, safety, or welfare, and as here, the court found that it was arbitrary; that for no other reason, besides the property owner wanted it, so it was considered arbitrary, and also in that same case, quoting another City of Miami versus (UNINTELLIGIBLE), the court said those who own property and live in a residential area have a legitimate and protectable interest in the preservation of the character of their neighborhood, which may not be infringed on by unreasonable or arbitrary act by the government. Now we're City of Miami Page 171 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 going to find that this is unreasonable, if not arbitrary here, so -- the community has a lot to say. A few people are going to get up, and they will speak to the communications that she's talking about, and the conversation she may have that she feels -- perhaps, Fonseca feels there was one resident in the area that was on some mission to close the street, but that's just not the case. I have a petition that I'd like to enter into the record that is 64 people who say we don't want this, and that's really what it's all about is no commercial encroachment. Yes, there's been some already. They just don't want any more, and they would still love to talk to you about all the problems they're having with the commercial that's already there, so don't add insult to injury here, please. Now as far as the parking that may come underneath the Metrorail, that's public parking. Different people could use it, and by the way, FP&L lines up their trucks there after a hurricane, so that also serves that purpose. If you look at the photos, which I guess I could pass to you, these are what it looks like in their neighborhood in the morning and in the evening coming down 23rd and 3rd Avenue, if I may, if you'd like to take a look -- so there's already problems. Now I also want to note, too, that the circle of 500 feet where people actually get notification really harmed the community in this case because if you'll look at the circle, it crosses the highway, so even as far as maybe 23rd Street, people wouldn't have been notified, so it was actually the desire so much from a few of the residents to make sure the people knew about this, so they went door-to-door because, otherwise, they wouldn't have been notified, so I'd like to point that out, too. This is -- so that's really the motivation is letting people know and really there isn't any residents in this immediate area that do want this building. Now there are letters that are already in the record that were submitted by my opposing counsel, and it turns out those people actually live more than six times that distance. They live in Coconut Grove off of Tigertail, so as I said in front of the Zoning Board, I would suggest that you give those zero weight and you consider the residents that are on this petition, 64 people, so I'd like to enter that into the record at this time. All right. Just one more moment. I want to make sure I cover everything. OK. Now another thing about traffic that I think is important and you need to consider is that 17th Avenue, 16th Avenue, the -- right there at -- where US 1 connects to 1-95, and that's a real bottleneck -type situation, so the more commercial you add in the there, the more people coming quickly in and out, the more likely you have a chance of accidents. An accident at either one of those intersections could really mess up rush hour time, so you know, there's already -- we already have enough trouble with -- because I run it everyday, going up and down. There's already enough trouble there in those intersections, and the light there is just a few seconds long, so you're just adding a lot more traffic congestion there and the possibility of accidents really having a domino effect. OK, and I'd like you to seriously consider also when you're looking at the fact that you're here working for the residents, you're talking one resident against, essentially, all the people in the whole area saying no, and several of them will come up here and they will talk to you about that, and also, earlier today, Commissioner Sanchez was talking about affordable housing, and this is a neighborhood that has been relatively affordable. Obviously, if the people were to have to leave, they wouldn't find anything affordable, so it doesn't seem to make sense to be supporting the idea of putting more commercial. We need more residential, and this is already used as a residential building. Yes, it's zoned for office, but like she said, you could build more residential in that spot, and maybe it's kind of a walking distance to the Metrorail -- 'cause there is no station right there. You'd have to walk, I think, it's like five blocks, but that would make more sense, I think, to encourage the residential character in this area. OK, and I think that's all that I have, and the residents would like to speak. Ms. Tapanes Llahues: Mr. Chairman, may I ask opposing counsel just a few questions? Commissioner Sanchez: Yes, ma'am. Ms. Caro: Um -hum. Ms. Tapanes Llahues: Who hired you? Ms. Caro: Silver Bluff Homeowners Association. City of Miami Page 172 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Ms. Tapanes Llahues: Do you have a resolution from either homeowners association? Ms. Caro: Not with me. Ms. Tapanes Llahues: Are -- did they have a meeting, a vote on your representation or an opposition? Ms. Caro: Yes. Ms. Tapanes Llahues: What was the date of that meeting? Do you have an agenda or any minutes, anything? Ms. Caro: Not with me at this time, but I can provide them to you. Ms. Tapanes Llahues: So then, just for the record -- Ms. Caro: Um -hum. Ms. Tapanes Llahues: -- there is no -- nothing in the record that she represents an entire homeowners association, that there was an actual meeting, that it was voted upon -- Ms. Caro: Well, I do have -- Ms. Tapanes Llahues: -- or anything to -- Ms. Caro: -- the people from that homeowner association here that you can talk to. Ms. Tapanes Llahues: For the record. Thank you. Chairman Gonzalez: All right. The lady was the counsel, right, representing -- Ms. Thompson: Yes. Chairman Gonzalez: -- the opposition. Commissioner Sanchez: Yeah, two minutes. Chairman Gonzalez: So now it's going to be the public. It's going to be two minutes per speaker, so you're recognized. Beba Mann: Can I have a little bit more than two minutes because -- Chairman Gonzalez: No, ma'am. Ms. Mann: -- to clam -- Chairman Gonzalez: I can make no -- Ms. Mann: -- a little bit more. Chairman Gonzalez: -- exceptions. I stated at the beginning of the meeting that I'm going to allow two minutes per speaker -- Ms. Mann: OK. City of Miami Page 173 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Chairman Gonzalez: -- so -- no, no. We won't, we won't. Ms. Mann: For the record, my name is Beba Mann. I live at 1665 Southwest 23rd Street. This is the house that I grew up in and bought from my mother; lived there 38 years. Ms. Tapanes has misrepresented a little bit of the facts here. I went to meet with her after Commissioner Sanchez told me about the restaurant and the proposal. I contacted her. I went and met with her. She told me what she wanted to do, what they wanted to do, and I told her I would go and talk to the neighborhood; I did. Basically, they don't want a restaurant. They can build whatever they want by right. They want to build a high-rise, whether it's office or residential, they can go ahead. They don't want the residential neighborhood intruded anymore by commercial. The pictures that you see on the package I just sent out, the first picture, that's the traffic in the morning. That's the traffic in the afternoon. It's a short two blocks from 17th Avenue to 16th Avenue, which then they turn illegally -- or not illegally because we've been trying to get some kind of relief in that area onto 16th Avenue to cut onto the expressway. At night, we have the traffic coming out of Casola's speeding on 16th Court, OK. The other day one of my neighbors was on a wheelchair, almost got hit. The Commander -- Commissioner Sanchez: Please don't tell me it was Willie. Ms. Mann: Willie, yeah. Commander Rivero, we've asked him -- after we begged for I don't know how long -- to do something about the traffic situation in our area, in less than one week, ticketed 30 people for speeding in a two -block -- running from Coral Way to the corner of Southwest 3rd Avenue, OK. The amount of traffic that this little neighborhood has, which only consists of two blocks, whichever direction you want to go, is enormous. The commercial that's around us -- we have what is grandfathered in called El Milagro Market on the corner of 23rd Street. The garbage is outrageous. Commissioner Sanchez, you know how much I've complained about that garbage. We still live with that nightmare, OK. Every single commercial that we have around our neighborhood is a nightmare. We have Casola's. We had a neighbor that came in and flew in from San Francisco, specifically for the item back in 1998, where they were asking for a special variance on the exit of the Casola onto 16th Court. They said that they were going to do a wall that would force the cars to turn right. They didn't do that. What they did was that they put there a stop sign. It is not enforced. Everybody that leaves Casola leaves making a left turn because nobody wants to deal with the traffic on 17th Avenue, and nobody wants to deal with the traffic on 3rd Avenue. First Avenue is bumper -to -bumper; it's a gridlock. It would be crazy to put a commercial business in that corner. Now if you have a residential, whether it's a building or not, the cars come in, they stay home. Chairman Gonzalez: All right. Ms. Mann: They go in and out differently. A restaurant is constant in and out. Chairman Gonzalez: Thank you. Ms. Mann: Thank you very much. Chairman Gonzalez: Next speaker. Good afternoon. Luis Herrera: Good afternoon. My name is Luis Herrera. I live in 1181 Southwest 22nd Terrace. Mr. Sanchez, I come in today to ask you when you need support when you be electing, now I asking you to support our people -- Commissioner Sanchez: No, no, no. Mr. Herrera: -- the 64 -- City of Miami Page 174 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Sanchez: Mr. Herrera -- stop the clock so we don't waste his time. Chairman Gonzalez: Stop the clock for a minute. Commissioner Sanchez: I think that we need to be honest here. You didn't support me in my reelection, but -- Mr. Herrera: I -- Commissioner Sanchez: -- that's beside -- Mr. Herrera: -- support you. Commissioner Sanchez: -- the point. Mr. Herrera: I said the people. Commissioner Sanchez: OK, OK. Mr. Herrera: I said the people. I not support you. I said the people, OK. Chairman Gonzalez: All right. Mr. Herrera: It's 64 people here -- Chairman Gonzalez: Start the clock. Mr. Herrera: -- you know. The need to you support like they support you when you being in there. Now supporting the majority of people (UNINTELLIGIBLE) that we are and supporting the people with money, I don't think it is right for the neighborhood. We are please all the Commissioners to support us. Thank you. Chairman Gonzalez: Thank you, sir. Next speaker. Yes, ma'am. Elia Lopez: Hi, Commissioners. Chairman Gonzalez: Hi. Ms. Lopez: My name is Elia Lopez. I live at 2498 Southwest 17th Avenue, the Grove Garden Condominiums, and I have been to every single Zoning Advisory Board meeting, and every one that I've attended, I've spoken about and I am against the zoning change, and all -- at every meeting, they -- it was always voted down, and then it came up to the Commission and the Commission voted for it, and I don't understand why they ignored the Zoning Advisory recommendations. I live in an affordable condominium, Grove Garden Condominiums. It's a very well -kept building -- buildings, and it's in keeping with the neighborhood. It's a very nice neighborhood, and I invited the Commissioners to come see it, and all I can say is that it's a shame that big business keeps winning out over homeowners. Thank you. Chairman Gonzalez: Thank you. Next speaker. Paul Mann: My name is Paul Mann. I'm speaking as secretary of the Silver Bluff Homeowners Association today. I live at 1665 Southwest 23rd Street. Two minutes only allows me to summarize the points that we're trying to make here. In a democratic government, majority should rule, and we have an entire neighborhood -- the Woodside pocket is a very special little City of Miami Page 175 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 neighborhood, where everybody knows everybody, and I am quite certain that the names on your list are not from that neighborhood. They're from just outside that neighborhood. We're against this change not so much because we don't like restaurants -- although this particular restaurant we don't think will survive there. A restaurant needs either high prices or high volume, and we don't see how a high-priced restaurant can survive sandwiched between a garage, an FP&L substation, Casola's parking lot, underneath railroad tracks, and by a major highway. It is not a good location, and if location counts for anything, these people have some other motive behind the restaurant. Right now, he already has his restaurant inside his gas station, so he does not need to -- he does not need a land use change at the Woodside apartments. He already has his restaurant on the property that he owns. He could modify that property to include a full-time restaurant. The clientele in that restaurant now are the loudest I have ever heard. If you go in to buy something at the Citgo station there -- Ms. Tapanes Llahues: Your neighborhood. Mr. Mann: -- you will hear them partying in the back surprisingly loud, considering the kind of cars that actually park in that parking lot. I went in there the other day, and yes, it's upscale. There were Bentleys, Lamborghinis, and Mercedes Benzes parked; people eating and drinking inside the gas station, and it just made me smile to think what kind of upscale restaurant would survive in this little location. The -- more importantly, this location is critical to the 16th and 17th Street nodes of I-95. The most -- Chairman Gonzalez: Thank you. Mr. Mann: -- important highway on the eastern seaboard ends right there. The light on 16th Street is five seconds. The light -- Chairman Gonzalez: Your time is up. Mr. Mann: -- on 17th is ten seconds. Chairman Gonzalez: Thank you so much. Mr. Mann: All right. Chairman Gonzalez: Thank you. You got -- we got your message. Thank you. Mr. Mann: I would urge you to follow the PAB, the Planning Advisory Board, and the Zoning Board's advise on this. Thank you very much. Chairman Gonzalez: Thank you, sir. Good afternoon. Next speaker. Anyone else from the public? Yes, ma'am. Commissioner Sanchez: I encourage all homeowners to come up and speak on the issue. Jeannette Pineda-Olivan: Hey, good afternoon. I not speak English very well, but I would like - Commissioner Sanchez: We'll get -- Ms. Pineda-Olivan: -- to explain my point because I'm the owner. Commissioner Sanchez: -- you a translator. Ms. Pineda-Olivan: I come to speak. I understand. Only my problem, I no have a good City of Miami Page 176 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 grammatic [sic]. Commissioner Sanchez: Don't let them translate. Ms. Pineda-Olivan: With this (UNINTELLIGIBLE), I would like to say you thank you for help the people in the Little Havana (UNINTELLIGIBLE) over there, and you have a support for all the old people in this center. Commissioner Sanchez: Thank you, thank you. Ms. Pineda-Olivan (as translated by Pilar Oberheiser, official Spanish interpreter): My name is Jeannette Pineda. Chairman Gonzalez: Ms. -- Ms. Pineda-Olivan (as translated by Pilar Oberheiser, official Spanish interpreter): I live on 17th Avenue -- Chairman Gonzalez: -- we need your complete address. Ms. Pineda-Olivan (as translated by Pilar Oberheiser, official Spanish interpreter): -- the condo across from the gas station. Chairman Gonzalez: We need your complete address. Ms. Pineda-Olivan (as translated by Pilar Oberheiser, official Spanish interpreter): 2498 Southwest 17th Avenue. Chairman Gonzalez: Go ahead. Ms. Pineda-Olivan (as translated by Pilar Oberheiser, official Spanish interpreter): I had the American dream of having my own property. Unfortunately, today I am on disability. My hopes are over. I need to protect my property for my daughter. It is a nice neighborhood. I know Mr. Fonseca for many years now. He is a person that has a financial means to put his restaurant somewhere else, and the majority of the people in my condominium, 80 percent, are people that are retired. Please do not take away from me the only thing that I have left. I need a place to live in peace. Thank you. Ms. Tapanes Llahues: I'd like to say something at this point regarding her testimony. I received a phone call from Jimmy Morales, whose mother also lives at the Grove Gardens Condominium. She received a flyer -- Commissioner Sanchez: Jimmy Morales who? Ms. Tapanes Llahues: Jimmy Mor -- the -- Chairman Gonzalez: The ex -Commissioner? Ms. Tapanes Llahues: Yes, the ex -Commissioner, Miami -Dade County. You can confirm this with him, and they received a flyer saying that this application would expropriate -- in Spanish, expropiar -- their property, so I wasn't able to obtain a copy of that flyer. Mr. Morales did not have that, but you can confirm that with him, and maybe that has something to do -- I've tried to explain that. I do speak Spanish, and I explained that to the neighbors, but again, there's a lot of misunderstandings about the facts of this application. City of Miami Page 177 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Chairman Gonzalez: Yes, ma'am. Gay -Lynne Anagnostis: My name is -- Chairman Gonzalez: Good afternoon. Ms. Anagnostis: -- Gay -Lynne Anagnostis. I live at 2348 Southwest 16th Avenue. Ms. Tapanes, I really have to take exception to some of the assertions you are making about reaching out to the neighborhood. Before the last Commission meeting, we were supposed to all get together. You were going to defer the items so we could get together and discuss our issues, and at the last minute, you cancelled, giving us the opportunity -- Ms. Tapanes Llahues: That's not the -- none of that happened, and you could ask your attorney to verify that. I have it in writing -- everything in writing, and it's submitted into the record. None of that took place, none of it, and I could read -- Ms. Anagnostis: OK. Let's -- Ms. Tapanes Llahues: -- I could show it to you if you like. Ms. Anagnostis: -- pretend that you're right. Ms. Tapanes Llahues: I am. Ms. Anagnostis: I live in that neighborhood. I have been notified for every one of these hearings. I've never heard from you. Commissioner Sanchez: Have you been notified of the meetings? Ms. Anagnostis: Yes. Commissioner Sanchez: And you have been notified about zoning? Ms. Anagnostis: But I've never received any communication from her or Mr. Fonseca requesting my input or my participation, what my concerns are. Ms. Tapanes Llahues: You're represented by counsel -- Ms. Anagnostis: I've lived there almost -- Ms. Tapanes Llahues: -- so I'm not allowed to communicate with you -- Ms. Anagnostis: Prior to that. Ms. Tapanes Llahues: -- and I have communicated with your counsel and your homeowners association. Ms. Anagnostis: I'm not here to debate you. I heard what you said, but prior to our having an attorney, you were trying to -- you are claiming that you sent out certified letters. I've never received one, nor has any of the other neighbors, so all I am -- all I'm saying to you is I've lived there almost 30 years. We have a horrific traffic issue. The FP&L substation, being commercial, is almost moot because it's a very passive use. There are no in -and -out traffic -- there's no in -and -out traffic at night, during the day; only the trucks that service the substation. We don't have people throwing garbage there. It's a totally different situation. If you look around the neighborhood, if you travel 17th Avenue from US 1 to the river, most of that street is City of Miami Page 178 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 residential, pure and simple; take a look. Commissioner Sanchez: And you don't have a problem being residential? Ms. Anagnostis: No. What I have a problem with -- and we -- and I sent all of you an e-mail, to which I got no response, but I have been very -- Ms. Tapanes Llahues: Quasi-judicial. Ms. Anagnostis: -- I've lived here almost 30 years in the house that I'm living in. I have watched the traffic become steadily worse and worse, and I feel kind of grateful that I don't live on 16th Court because I'd be tearing my hair out. We were looking for concessions to protect us from traffic, the intrusions, and the quality of our lives. We've got people cutting through our streets. We just now got "No Thru Truck" signs to protect us from people cutting in, going from Coral Way to US 1 and the reverse throughout the day at high speeds. It's turning into a nightmare there, and it's basically a wonderful, old neighborhood. We'd like to keep it that way, and regardless of what you decide, please try to enact some -- or take some kinds of measures to preserve our neighborhood. Chairman Gonzalez: Thank you. Ms. Anagnostic: That's what we would like. Chairman Gonzalez: Thank you. Next speaker. Ms. Tapanes Llahues: Chairman, Chairman, if I may. Chairman Gonzalez: Yes, ma'am. Julie O. Bru (Assistant City Attorney): The last speaker made some representations that there were e-mails that were sent to each Commissioner. If in fact, Commissioners received any e-mails on this item, I would recommend that you put them on the record and give the City Clerk a copy of it. Commissioner Sanchez: No, no, no, no. First of all, ma'am, let me -- this is a PZ item. In other words, under the Jennings Rule, you and I, or anyone that's involved with this item, we cannot communicate, so therefore, when I get e-mails pertaining to a PZ item, by law, I cannot respond to you, and that's the reason why, at least, you didn't get a response from my e-mail. Ms. Anagnostis: But I sent you other e-mails about this concern. Commissioner Sanchez: But pertaining to this item in front of us, I can't respond to you, by law. Chairman Gonzalez: By Jennings law, we cannot respond. Good afternoon. You have two minutes. Elvis Cruz: Thank you, Commissioner. Elvis Cruz, 631 Northeast 57th Street. I wanted to point out -- make a couple points. The first one is that the attorney has made some statements that are incorrect. Specifically, she has repeated a number of times that the developer would be able to build a high-rise as of right. That is incorrect. The maximums are not entitlements. That has been researched thoroughly by your Legal Department, specifically Attorney Rafael Suarez -Rivas, and he has shown conclusively that, within the City's own Zoning Code, specifically 1305.2, this body, this Commission does have a tremendous amount of leeway to protect neighborhoods from out -of -scale development, so you do have the ability to cut down on the maximum. It is not as of right. There's also extensive Florida case law that backs up your City of Miami Page 179 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 authority to do that, and the last point I wanted to make is that there's a tendency for developers to come before this Commission and ask for changes in the zoning classification of land. Instead of buying a zoning class that they need, they buy the wrong class, then come here and ask for a change. There's plenty of C-1 land all throughout the City. There's really no reason for them to have bought 0 and then come in here and ask for it to be changed to C (commercial). Thank you. Chairman Gonzalez: Thank you. Ms. Tapanes Llahues: Mr. Chairman, I would ask for Mr. Toledo, your Zoning Administrator, to clarify the issue of unlimited height in both Office and C-1 -- Chairman Gonzalez: Go ahead. Ms. Tapanes Llahues: -- please. Chairman Gonzalez: Mr. Toledo, would you respond? Orlando Toledo: Orlando Toledo, Zoning Administrator. Presently, theproperty is zoned 0, which means that you could build 150 units per acre, and it's unlimited. Chairman Gonzalez: It's unlimited? Commissioner Sanchez: Yeah, but listen. It's -- I did the numbers. It's about 38 units; you're right. It's 38 units, so let's get over that, or else we'll be here all day on that issue. Go ahead. Nina West: My name is Nina West, 3690 Avocado Avenue, Coconut Grove. I'm here on behalf of Miami Neighborhoods United, of which this homeowner association is a member. We made a -- we had a resolution quite a while ago to support this. The people in this neighborhood are only asking for the preservation of their neighborhood. They are not asking him to change the use of what he has now under his current zoning. They're saying, you own the property; you can build to the sky. You can put in an office; you can put in residential, and we do not dispute this, nor do we object to this. The only thing we are objecting to is a change in the zoning. There is absolutely no reason for this. He can make absolutely highest and best use of his property with its existing zoning. Furthermore, we have 328,000 square feet of vacant commercial space either on-line or coming on-line over the next two years, so there's plenty of places to put restaurants all over the City of Miami, and I can also tell you that restaurants that are most successful are next to other restaurants in restaurant rows, and those are the people who make money, so there's -- as far as we are concerned, we are here to support them, and we beg you to look at the zoning; look at what's happening, and say to this gentleman, you have a property; you have zoning. You can build whatever you want according to the zoning. Thank you. Chairman Gonzalez: Thank you. Next speaker. Judy Sandoval: Good afternoon. Judy Sandoval, 2536 Southwest 25th Terrace. I live in Silver Bluff, and I'm a member of the Silver Bluff Homeowners Association, and I can assure you that we resolved to hire Louise to be our attorney months ago, and she's been working on the case ever since for us, and that we even had -- I think it was about two months -- a very successful garage sale to pay her, so that shouldn't be questioned. I wish to ask Ms. Tapanes a question about the 30 letters or petition in favor of this project that you submitted today. Ms. Tapanes Llahues: Um -hum. Ms. Sandoval: Were some of those or 15 of them, I think was the number, the same ones that you submitted previously in support of this project? City of Miami Page 180 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Ms. Tapanes Llahues: Absolutely not. We have an additional 15 letters that were here -- that are already on the record that were submitted at the first reading. These are an additional 30 original copies -- originals that we've submitted on the record today. Ms. Sandoval: And where do these people live who signed this petition? Ms. Tapanes Llahues: Most of them in the area. They're all -- they all frequent the gas station, and they're either -- Ms. Sandoval: Be more specific. A client -- Commissioner Sanchez: All right. Ms. Sandoval: -- of a gas station is not a resident of a neighborhood. Ms. Tapanes Llahues: You can see through the addresses the majority of those are in Coconut Grove and in the Roads/Silver Bluff area. Commissioner Sanchez: Mrs. Sandoval, I have the list, and I have compared them already, so -- Ms. Sandoval: Yeah, OK, because I know of the 15 that were submitted before, they were not within the range that's considered -- Ms. Tapanes Llahues: They were mostly in Coconut Grove, which is within the 500 foot radius because, as your attorney pointed out, 500 feet radius affects Coconut Grove as much as it affects the Woodside, so -- Ms. Sandoval: That's not what the attorney said, excuse me. Thank you, gentlemen. Commissioner Sanchez: All right. Chairman Gonzalez: Thank you. Anybody else? Ms. Caro: Can I just clarify a point from -- Chairman Gonzalez: Go ahead. Ms. Caro: -- earlier? Chairman Gonzalez: Go ahead. Ms. Caro: What occurred when I first came on board was we were discussing the possibility of a covenant, and when I first joined with the residents, they were hotly against it, so I talked to Ms. Tapanes, and I said, well, let me take some time and sit with them again and really see what it is that's really bothering them, and maybe there'll be that possibility, and so we discussed deferment of the item, and she said I don't see why my client will have a problem with it, and then when it finally came to a point where it was too late to take -- to defer it -- for her to defer it, she said no. We've been waiting too long, you know, forget about it. We have to go forward on this. That's -- Commissioner Sanchez: So are you still thinking? Ms. Tapanes Llahues: That's not what happened at all. City of Miami Page 181 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Sanchez: Whoa, whoa, whoa. Ms. Tapanes Llahues: I have e-mails dated October 17 -- Commissioner Sanchez: All right. Listen -- Ms. Caro: So -- I was just trying to clarify. I know that's not what this is about. Commissioner Sanchez: All right, but you brought it up. Ms. Tapanes Llahues: That's not the case. Ms. Caro: Excuse me. Commissioner Sanchez: Are you saying that there's a possibility that you could work something out as the counsel? I mean, it is up to you; it'll be your call. I'm ready to decide on this. Ms. Caro: Right. The residents don't want it. Commissioner Sanchez: They don't want -- well, fine. Once the meeting is closed, then I will do what I have to do as the City Commission, OK. Chairman Gonzalez: All right. Anything else that you want to add? Ms. Tapanes Llahues: Yes. I'd like to have Mr. Fonseca speak, and I will just take a moment more to close. Chairman Gonzalez: All right. Mr. Fonseca. Ricardo Fonseca: Good afternoon. My name is Ricardo Fonseca. I own the properties both at 2460 Southwest 16th Court and 2465 Southwest 17th Avenue. I, as I stated at the last meeting, thought I had built up quite a goodwill over the 25 years that I've been on the same corner. The building in question, again, I'm happy to hear that some people here have classified me as a big businessman. I always thought of myself somewhat more limited. However, another fellow was questioning my business acumen. Yes, someone seem to be bewildered by the fact that I can attract the kind of customers that, apparently, he doesn't like their tone of voice, but still even he had to admit that there are families and respectable people being attracted to the gas station, and so I think that my original idea is still a plus for the neighborhood, the idea of rebuilding -- which actually has been astonishing to me that rebuilding a building that was built originally in 1924 and keeping it pretty much with the same integrity, I thought was quite an asset to the City and not a detriment, and so I'm somewhat surprised, but I trust your judgment and your leadership. Thank you. Chairman Gonzalez: Thank you, sir. Yes, ma'am. Ms. Tapanes Llahues: Very briefly, to close. Seventeenth Avenue is a commercial corridor. It has three blocks. You all just approved a daycare in the area. There's restaurants; there's Quizno's. There's dry cleaners. It is a commercial corridor, and it's trending to become more of a neighborhood -serving retail and commercial corridor. I would submit to you that we have presented and your staff has presented substantive competent evidence. This is what the standard is for zoning approvals. As far as garbage and traffic, I will have staff -- staff can also confirm that traffic is less. The amount of traffic generated is less in a quality restaurant than it is in the as of right, so we are alloying [sic] the traffic issue. As far as the petition, we have submitted a -- the petition that was submitted by counsel, I would submit to you that even though there are over 60 signatures, most of those are doubled per household and tripled per household, City of Miami Page 182 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 so there are not sixty -some actual homes. These are doubled and tripled per households. The signatures that we have provided to you, they're on the record. Coconut Grove -- the signatures that are from Coconut Grove residents, they are within the 500 foot radius, and are as affected as the Woodside subdivision. We ask that you approve this on first reading. Thank you very much. Chairman Gonzalez: Thank you. All right. The public hearing is closed; brings it back to the Commission. Commissioner Regalado wants to speak on the item. I don't know if -- do you mind, Commissioner Sanchez, that he is first? Commissioner Sanchez: I don't mind at all. Chairman Gonzalez: Go ahead. Commissioner Regalado: Well, I just wanted to say that since I have to vote, I have to speak. Just wanted to clarify something that was done in the district that I represent against my will; a childcare center. It totally disrupt the residential area, but we're talking on 23rd Street, not US 1, just to clam, and as we speak, that place is totally abandoned; has been fined by Code Enforcement several times, and it was something that shouldn't be done. Just wanted to clam that, which by the way, doesn't have to do anything at all with this issue. The other issue is the condominium building, that part I represent across 17th Avenue. The exit and the entrance is on 24th Terrace, and I think that basically the point here is traffic, and we requested several times from the County a "No Left Turn" sign on 24th Terrace and 17th Avenue because the area that I represent, which is west of 17th Avenue, the people of Silver Bluff were going crazy with the traffic, people trying to avoid US 1 going west, and they would use 24th Terrace to -- in order to exit. We were denied that because they said that 17th Avenue was a facilitator, and that they needed traffic to move off US 1, but I think that there are remedies, and this I'm addressing the residents, and even the applicant, which is a very prominent business owner. Here in the Grove, on 22nd Avenue, you will find that, from US 1 to almost Tigertail, there are one-way streets only. This is because the residents of the Grove pushed and got, from the County and the City, the need to avoid people going to the convention center, to the Grove, to 27th Avenue, cutting into their residential streets on 22nd Avenue, so there's no way at all that you can cut in to go to 27th or Tigertail or Cocowalk from 22nd without taking either Tigertail or Bayshore Drive. They were able to do that. If you drive by 27th and try to get a -- Bayshore, you will see that there are at least four streets in the Grove that are closed to the traffic so the traffic that runs through -- cutting off 27 to Tigertail, to Bayshore, will not cut into -- through the residential area. I really don't see why the City and the County can't apply to make 16 Avenue only a one-way street because they -- the stop sign that you have in Casola is just a stop sign that people believe that was placed there by Casola, and some people do not respect that stop sign. One of the remedies will be, yes, to close 16th. It's a logical thing. It has been done in the Grove; it has been done in Coral Gables, at all. I mean, if you see streets abutting LeJeune or 57th Avenue, there is some residential streets that been closed, like in Coral Gate, as we seen it, so it can be done. Commissioner Sanchez: So your suggestion is 16 a one-way? Commissioner Regalado: I think, you know, that the remedy to this huge traffic -- and it is a difficult situation for the neighbors. It is a hardship for the neighbors. I have seen it. -- will be either to close that next -- or near the substation, or designating 16Avenue one-way coming south, so no one could go in the wrong way and they have to exit onto 17th and US 1. I think it only be fair. Regardless of what happen with the property, but I think it only be fair, and hopefully, the traffic study will show that that's -- need to be done. I -- Commissioner Sanchez: Is there a traffic study now on that? Are they doing a traffic study on that? City of Miami Page 183 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Regalado: There is a traffic study that include that area. We expanded from the Silver Bluff because this is Silver Bluff East, sort of and we -- there is a traffic study. There are traffic circles that will be placed in the Silver Bluff east and west, but I think, Commissioner Sanchez, that, you know, whatever, regardless of the outcome of this vote, the people of 16 -- which, by the way, it's not only 16; it's -- I know people that live on 16, and even relatives that lives on one of the streets near 16, and they do really hurt by this situation of the traffic going that way, so I think that the City should explore and Public Works should explore designating 16 a one-way, or -- and closing the street. After all, it can be done because that street is not what Dade County calls a facilitator, and believe me, I have learned -- Commissioner Sanchez: Commissioner. Commissioner Regalado: -- a lot about this street situation because I've been working with the traffic studies for the longest, so that was my comment on the traffic issue. Commissioner Sanchez: Well, Commissioner, I'm prepared to make -- Chairman Gonzalez: All right. Commissioner Sanchez: -- a motion to deny this application, if you're willing to make a second, for the purpose of discussion. Commissioner Regalado: To what? Commissioner Sanchez: How's that? Commissioner Regalado: I'm sorry? Commissioner Sanchez: I'm prepared to make a motion to deny the application for the purpose of discussion. Commissioner Regalado: OK, I'll second the motion -- Commissioner Sanchez: So I make a motion to -- Commissioner Regalado: -- for discussion. Commissioner Sanchez: -- deny the application for the purpose of discussion. Chairman Gonzalez: All right. Chairman Sanchez: Discussion. Chairman Gonzalez: We have a motion and we have a second. Discussion. Commissioner Sanchez, you're recognized. Commissioner Sanchez: Thank you, Mr. Chairman, and I want to thank all of you who have taken time off of your busy schedule to come to this meeting. Let me just state that I know the area very well. I travel through it everyday. I go to the gentleman's gas station. As a matter of fact, I put my gas there, and I do a lot of my shopping in the place. Let me just state a couple of things for the record. One, there were three issues that were important to me here. We act as a quasi judicial. In other words, we have to take argument based on the facts that are presented to us. I could vote either way based on the facts that are put forth for us to make that decision. One, the greatest concern that I have -- and I want you to listen, everyone who's here, and all those that did not come. The gentleman is asking for a zoning change. That's the only reason City of Miami Page 184 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 why he's here today is for a zoning change. If he wanted to build condos there, because of the size of the property -- it's not 150 units. I did the numbers; it's about 38 units, but he would have, as right, to build 38 units. You couldn't even come here. It'll be done by the City, and the next thing you know, construction starts. It still brings problems to the area. Traffic continues to be a nightmare for that area, it does. I have -- with the homeowners association, we have had our differences in the past, but I have always worked with you to try to resolve the issues. You know, I consider myself maybe like a baseball coach. If he's winning, he's great; if he's losing, he's a bum. Every time that I make a decision here, if I'm not in the decision -- if I don't rule in your favor, you know, there's always that thing that we have to deal with up here, but you always want to do what is right for the area. The restaurant being compatible -- I think a restaurant there would have been compatible if certain conditions existed around the neighborhood, but right now, those conditions does not exist. I get bombarded with calls from Casola. I go to Casola's and I take my kids to Casola. I'm tired of talking to the owners. I think they have done some things to work some of the issues out. They want to be good neighbors. Sir, you want to be a good neighbor. The last thing you want to do is be there and not have a good relationship with the surrounding people that basically are the ones that are going to go to your gas station and buy stuff from you and put gas, but the -- but to be here and look at the list that was presented to us -- now, it's -- I looked at the list and some of the people that live here are pretty -- they live further than what they suggest there in that area of -- or the other side of US 1. If you look at the other side of US 1, it has no impact whatsoever to what these neighbors will have to suffer through the entire process, and you know, I have to make that decision. At the end of the day, I'm the one that has to make that decision, or vote my way, and we all vote independently here as to what we think is right, but when you look at some of the arguments that have been made with the surrounding commercials -- look, you know, I quit going to Gigi's because I couldn't get a parking spot, OK. I quit going to the sub place, Quizno, 'cause I couldn't get a parking spot. Yeah, I have been working with Off -Street Parking to get parking down there, good luck. If I haven't been able to get that done with all the red tape between Off -Street Parking and the County, you know, it's just hard, and I really want to -- I want to be supportive because you have a business in the area, and I want to find a solution to it, and the only solution right now there may be -- and that's why I'm open for suggestions. Any time you come to me with a problem, bring -- you bring me a problem, bring me a solution to it. Could it be 16th being turned into a one-way? Yes. City code and County code, everything that has to do with traffic, has to be approved by the County. Talk to me 'cause I'm the expert on circles and I'm the expert on anything that has to do with the County; the County has to put it. The signs have taken so long because we've had to go to the County to ask them to put those signs, and they're the ones that decide when those signs are put. Believe me, we make phone calls; we write letters; we contact the Commissioner; we contact the director, but they're the ones that decide once those signs are being put. Being that so many neighbors came in opposition -- and my responsibility is to the neighbors -- I cannot support this right now. If, for whatever reason, there is -- should continue to be dialogue because I don't think -- we don't need to be enemies. We shouldn't take things personal, and if we're able to work together and work -- all of us, homeowner association passing resolutions asking for a one-way of 16th, then we could bring back the process, and if it's a better understanding of the entire process, then we could move forward, but based on the arguments that have been made -- and I'm not going to let you speak. I apologize, but I'm not going to let you speak. I think everybody's had an opportunity, and you know, if I allow you to speak, they're going to want to speak, so based on the arguments that have been presented here and knowing what's going to happen to the area as traffic cutting in through 16th -- Ms. Tapanes Llahues: Please, I ask for a deferral so we can continue to work with them. Commissioner Sanchez: I -- Ms. Tapanes Llahues: We had a unanimous vote at the last first reading. It was unanimous by this -- City of Miami Page 185 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Sanchez: Yeah, but I -- Ms. Tapanes Llahues: -- same Commission. Commissioner Sanchez: -- but they didn't have -- you didn't have that many people that are being affected that are concerned about the quality of life in their neighborhoods. You know, I always tell people, you know, if you have a problem in an area, and every time that I tackle (UNINTELLIGIBLE) of an area -- when I had the issue of 13th Avenue, I addressed the people that were from 13th Avenue, but still, I got letters from Canada, Ontario, Alaska; people that never knew where 13th Boule -- they didn't know what the Cuban Memorial Boulevard was, but they were still sending e-mails not knowing what they were talking about, but the people that are affected are here. Ms. Tapanes Llahues: That petition was from 2005, and it's been in the record since the very beginning. Commissioner Sanchez: So having said what I'm going to -- what I'm putting the motion out -- sir, you know, I sympathize with you. I commend the legal team that you've put together. They have worked very hard, but you know what, at the end of the day, I represent the people, and I'll tell you this much. Some of the people that are sitting out there -- and I -- this is just being funny -- didn't support me in my campaign; they were against me in my campaign, but that's the beauty of democracy. That's the beauty of democracy, and that's why we're sitting here today, and maybe after today they'll love me or hate me, but at the end of the day, they need to know that I have to look out for the people that are going to be affected, and on this issue, they're going to be affected, so I stand by my decision, which is to accept the Zoning Board request to deny this application, and there's already a motion and a 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: Motion carries. Ms. Tapanes Llahues: Thank you. PZ.32 05-00517a ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 44, 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 "O" OFFICE AND "SD-12" BUFFER OVERLAY DISTRICT TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2460 SOUTHWEST 16TH COURT AND A PORTION OF 2465 SOUTHWEST 17TH AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading City of Miami Page 186 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 05-00517a Legislation (Version 1).pdf 05-00517a OLD Analysis.pdf 05-00517a OLD Zoning Map.pdf 05-00517a OLD ZB Reso (2005-1070).pdf 05-00517a OLD Application & Supporting Docs.pdf 05-00517a FR Fact Sheet 11-17-05.pdf 05-00517a FR Fact Sheet 12-01-05.pdf 05-00517 & 05-00517a 02-07-06 Zoning Administrator E-mail.PDF 05-00517a Legislation (Version 2).pdf 05-00517 & 05-00517a Exhibit A.pdf 05-00517a Analysis.pdf 05-00517a Zoning Map.pdf 05-00517 & 05-00517a Aerial Map.pdf 05-00517a ZB Reso (2006-1144).pdf 05-00517a Application & Supporting Docs.pdf 05-00517a FR Fact Sheet 04-27-06.pdf REQUEST: To Amend Ordinance No. 11000, from 0 Office and SD-12 Buffer Overlay District to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 2460 SW 16th Court and a Portion of 2465 SW 17th Avenue APPLICANT(S): Melissa Tapanes Llahues, Esquire, on behalf of Richard Fonseca and Fonseca & Associates, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended denial to City Commission on October 17, 2005 by a vote of 7-1. NOTE: On February 7, 2006, the Zoning Administrator determined that the proposed amendment should return to the Zoning Board with a revised application due to the omission of the SD-12 Buffer Overlay District zoning designation; therefore, returning to City Commission as First Reading. Recommended denial to City Commission on March 13, 2006 by a vote of 7-1. See companion File ID 05-00517. PURPOSE: This will change the above properties to C-1 Restricted Commercial. DENIED A motion was made by Commissioner Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to deny Item PZ.32. Chairman Gonzalez: Next item. Commissioner Regalado: We don't need -- Commissioner Sanchez: Sir, I hope you're able to work with them -- Commissioner Regalado: -- to vote. City ofMiami Page 187 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 Commissioner Sanchez: -- and find a solution. Unidentified Speaker: There's a companion -- Chairman Gonzalez: Huh? Commissioner Regalado: We don't need to vote. Lourdes Slazyk (Assistant Director, Planning & Zoning): There's a -- there is a -- Chairman Gonzalez: We already voted. Ms. Slazyk: -- companion item. There is a companion item. I think it's moot when you -- Commissioner Regalado: Yeah, but if -- Ms. Slazyk: -- deny the first, but for the record -- Commissioner Regalado: -- this was rejected, everything goes. Ms. Slazyk: Do they have to actually make a motion? I think they do. Yes. Julie O. Bru (Assistant City Attorney): I would suggest, yes, that you make a motion on the companion item also. Chairman Gonzalez: On the companion item, OK. Commissioner Sanchez: All right, which is what, 30 --? Melissa Tapanes Llahues: Commissioner, I would really ask you to reconsider. This is it. This is -- if you deny it here, there's no opportunity to work with the neighborhood. This is it for us. Commissioner Sanchez: No. This is -- we're not going to give it another opportunity. I mean, you guys could work -- I tell you, build a condo; come back, and if any one of them shows up here to talk against that project -- you have the right to build that, but you don't have a right for the zoning change. We give you that right, and we're denying it right now. Ms. Tapanes Llahues: Thank you. Chairman Gonzalez: All right. Ms. Slazyk: PZ.32. Chairman Gonzalez: We need a motion on the companion item. Commissioner Sanchez. Commissioner Sanchez: So move to deny, right? Chairman Gonzalez: Move to deny, right, and -- Commissioner Regalado: Second. Chairman Gonzalez: -- we have a second. All in fav -- Commissioner Regalado: We have a second. City of Miami Page 188 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Chairman Gonzalez: -- pardon me? Commissioner Regalado: We have a second. Ms. Slazyk: Yeah. Commissioner Regalado: I second it. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Commissioner Sanchez: Mr. Chairman, if you would allow me. I have to go to a ceremony of a topping of one of the projects in my district -- Chairman Gonzalez: Go ahead. Commissioner Sanchez: -- and then 171 be back in about 40 minutes. That's why I wanted to take up 31 and -- Vice Chairman Winton: Well, I hope we're not -- Commissioner Sanchez: -- 32. Vice Chairman Winton: -- here in -- Chairman Gonzalez: Go right ahead. Vice Chairman Winton: -- 40 minutes. Chairman Gonzalez: Go right ahead. Commissioner Sanchez: Huh? Vice Chairman Winton: I said I hope we're not here in 40 minutes. Commissioner Spence -Jones: Yeah. Commissioner Regalado: Yeah, we -- Chairman Gonzalez: I hope so, too. Commissioner Sanchez: I hope not either. PZ.33 05-00652 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 3690 SOUTHWEST 23RD TERRACE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; City ofMiami Page 189 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 AND PROVIDING FOR AN EFFECTIVE DATE. 05-00652 Legislation.pdf 05-00652 Analysis.pdf 05-00652 Land Use Map.pdf 05-00652 & 05-00652a Aerial Map.pdf 05-00652 School Impact Analysis.pdf 05-00652 PAB Reso.pdf 05-00652 Application & Supporting Docs.pdf 05-00652 FR Fact Sheet 11-17-05.pdf 05-00652 FR Fact Sheet 12-01-05.pdf 05-00652 FR Fact Sheet 04-27-05.pdf 05-00652 Submittal.pdf REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3690 SW 23rd Terrace APPLICANT(S): Santiago D. Echemendia, Esquire, on behalf of Cinco M's Corporation and Rincon Argentino, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on June 29, 2005 by a vote of 5-2. See companion File ID 05-00652a. PURPOSE: This will change the above property to Restricted Commercial. CONTINUED A motion was made by Commissioner Regalado, seconded by Vice Chairman Winton, and was passed unanimously, with Commissioner Sanchez absent, to continue Item PZ.33 to the Commission meeting currently scheduled for May 25, 2006. Chairman Gonzalez: Now we move to -- Commissioner Regalado: PZ (Planning & Zoning) -- Chairman Gonzalez: -- PZ.33. Commissioner Regalado: -- 33. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZs 33 and 34 are companion items. This is for a change of land use and zoning from duplex residential to restricted commercial, with a zoning from R-2 to Gl. The property is at 3690 Southwest 23rd Terrace. The application has been recommended for denial by the Planning Department, denial by the Planning Advisory Board, and denial by the Zoning Board. The request here is in order to change commercial zoning. The property -- the Rincon Argentina [sic] restaurant is the applicant, and this property is not touching theirs. It's across the street and kind of kitty-corner. They wanted to use it for parking. The concern there is that it is across the street and not touching, so the commercial designation is an intrusion of commercial into the residential area. I believe the applicant is going to, in his presentation, proffer a covenant, and that will be up to City ofMiami Page 190 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 you to consider. Chairman Gonzalez: All right. Good afternoon. Welcome. You're recognized. Santiago Echemendia: Good afternoon. Santiago Echemendia, 1441, on behalf of the applicant, Rincon Argentino. I'm accompanied by the owners of Rincon Argentino for 20 years. Hold on one second. I have a little bit of a PowerPoint presentation of Rincon Argentino. Ileana and Miguel De Marziani, who are the owners who are sitting back here. I'm Santiago Echemendia. I'm accompanied by Suzanne Best, and we're accompanied by our architect as well, David Name. The purpose of the request is basically to provide for additional surface parking on a piece of property across the street to permit the applicant to expand the restaurant. Currently, they have enough parking for the space that they have. They want to add to their foyer. They can't do that without additional parking. We could do this as part of an SD-12 if the parking lot were abutting the property. Unfortunately, we're penned in by an FP&L (Florida Power & Light) site. This is across the street, and as a result, we have to request the C-1. What we're doing to address the concern, however, that we're requesting a C-1 is we have proffered a covenant that limits the surface parking to compliance -- to surface parking compliance with the SD-12 criteria as though we were rezoning or had the SD-12 overlay, except for the ingress and egress, and Ileana would like to be able to do storage in the existing duplex, but we can talk about that a little bit more, and we'll defer to the Commissioner whose district the property lies and the rest of the Commissioners. The aerial that you have in front of you, which unfortunately, I can't see too well because it's not on my screen -- Vice Chairman Winton: Here, you want to borrow this? You can borrow one of your documents. Mr. Echemendia: I got it, Johnny. Thanks. As you can see, just to give you a contextual of what we're talking about in the aerial that you have in front of you is the orange parcel. The property is -- on the west of the property you have Douglas Road. You have the orange parcel. You have Rincon Argentino immediately to the north. You have -- immediately to the west of the proposed parking lot, which currently has a duplex or proposed surface parking, you have the Gables Terrace Condominium, which is a 13-story condo. Interestingly, the opposition or the folks that are concerned is comprised of one unit owner -- at least one unit owner is represented here of the Gables Terrace Condominium, which is a 13-story condominium immediately abutting the property, yet they're concerned about surface parking next to their 35 foot parking garage. Immediately to the east of the Rincon Argentino, you have an FP&L substation. Had the property been abutting Rincon Argentino, again, we could have done this through an SD-12 and a special exception. Unfortunately, we're penned in. Just a little bit more to the north, you have a 19-story Residences at Douglas that was approved as part of the Major Use Special Permit not too long ago, so contextually, as you can see, you have fairly massive structures, both the 19-story building; you have the FP&L substation and the Gables Terrace; more easterly, or at least the FP&L substation and Residences at Douglas more easterly than the proposed surface parking lot. This is an aerial view of the subject property again. It gives you a little better idea of the 13-story condominium that is immediately to the west. It has the FP&L station, and it shows you Rincon and the subject property. This is a view of the subject property. It is currently a duplex. Ileana, who is the wife of the owner who's back there, would like to be able to continue to use that for storage, as opposed to demolishing it and just using surface parking, and I'll show you -- and we could slightly modify the covenant to provide for that and still be in compliance with respect to everything else with the SD-12. That's a view of the restaurant from the property. That is from the proposed surface parking lot across the street. Again, this is the FP&L site. What you have in front of you, or unfortunately, kind of behind you, and it's only on that screen - - and unfortunately, I was going to hand out for you all to look at, knowing that the screen is behind you, we made some last-minute modifications due to the SD-12, so we don't have -- I guess we do have additional copies, but it's been slightly -- City of Miami Page 191 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Vice Chairman Winton: How come the technology -- Mr. Echemendia: -- revised. Vice Chairman Winton: -- how come it doesn't show up on our own screen? Commissioner Regalado: It doesn't show. Vice Chairman Winton: Yeah. I mean, the technology should allow. What happened to our technology department? We're spending millions. Chairman Gonzalez: Um -hum. Mr. Echemendia: Yeah. Thank you, Commissioner. It's actually very important because it really does show you the context within which we're requesting this approval. Vice Chairman Winton: Yeah. Chairman Gonzalez: There we go. Mr. Echemendia: You got it? Vice Chairman Winton: Magic. Mr. Echemendia: Let me just go -- Vice Chairman Winton: So -- Mr. Echemendia: Well, you got -- Vice Chairman Winton: -- IT (Information Technology) can -- Mr. Echemendia: -- the view -- Vice Chairman Winton: -- keep their millions -- Mr. Echemendia: Thank you. Vice Chairman Winton: -- so the technology department can keep their millions 'cause now we got it on our screen. Mr. Echemendia: Thank you. You have the view of the restaurant from there. Commissioner Regalado: They will ask for more. Vice Chairman Winton: Yeah. Mr. Echemendia: You have the substation. This is an interesting one. This one shows you on the left. This shows you the parcel that we're talking about. As you can see, immediately to the right is the parking garage of the condominium that is here in opposition. They have some concerns that I'll talk to in a second. Vice Chairman Winton: Can I inter --? Mr. Echemendia: Yes. City of Miami Page 192 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Vice Chairman Winton: Is the red brick on the right of the left-hand picture, is that the back of the condominium project? Mr. Echemendia: That is the back -- that is the parking garage of the condominium. That is correct -- Vice Chairman Winton: Oh, my God. Mr. Echemendia: -- and just behind us is an office -- a small office building -- Vice Chairman Winton: Oh, my -- Mr. Echemendia: -- the front of which you can see right next door. Commissioner Regalado: Is that the air conditioner, this one, the air conditioner unit sort of? Mr. Echemendia: On the one that you have in front of you right now, that's just -- that is their -- Commissioner Regalado: The one that Leo always complain about -- Mr. Echemendia: That is -- Commissioner Regalado: -- many years ago. Mr. Echemendia: -- the back -- that is their parking garage, in effect. Commissioner Regalado: OK. Mr. Echemendia: OK. The next one, the one that you have is -- that's east and southeast. You have some somewhat dilapidated duplexes zoned two-family residential. This is the 13-story residential condo immediately to the west, which is abutting the property. In terms of concurrency analysis, we meet all the adopted levels of service regarding portable water, open space, sewer, traffic circulation. Staff raised some concerns regarding intrusion into the residential neighborhood. Staff previously didn't have the benefit of a covenant. That covenant has been reviewed by Rafael Suarez -Rivas as to legal form and sufficiency, and we've proffered and given you copies of that covenant, which basically ties us to the SD-12 ordinance, with the exception of ingress and egress, so in effect, what we're doing is we're rezoning 'cause -- since the property isn't next door, we can't avail ourselves of the SD-12, but limiting ourselves to the SD-12, with the exception of ingress and egress. The property has an existing six-foot wall, and in some portions, a fence buffering the abutting properties, and will include landscape hedge. This is a conceptual of the existing duplex and what the parking would look like. This is another view from the north of the property. You can see it has the contextual of the duplex behind us and the height of the condominium, as well as the parking garage. This is another proportional visual comparison. This is the two-dimensional rendering. As you can see, it has pavers, landscaping, and I think, still retains, vis-a-vis the duplex, a little bit more of the residential character, as opposed to demolishing the duplex and just having surface parking. This is the architectural diagram. The enhancements of frontage incorporate enriched landscaping, fichus, royal palms, ornamental shrubbery for a positive pedestrian experience. There's also gravel and concrete material to be replaced by pavers with elegant herringbone design, so it really is going to look very, very nice, not just a surface parking lot. There's some elegant lighting features, which include the lighting is limited -- that's one of the concerns of the condominium -- to 42-inch bollard lights. That was in response to that concern; angled wall -mounted lights installed at 42 inches, and there is one light post for the disabled parking, but it's a nice ornamental -type light post. This is another conceptual relative to the, again, condominium to City of Miami Page 193 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 show the difference in bulk and massing, and then lastly with respect to the neighbors' concerns, the covenant, again, limits us to surface parking that will serve as off-street parking, including valet, subject to special exception approval, for the property currently occupied by Rincon, and subject to compliance with the SD-12 ordinance. That's critically important because I think Lourdes will confirm that insofar as we're tying ourselves to the SD-12 ordinance, staff -- and she's chatting with Commissioner, but I think staff is willing to support the application in light of the constriction and the covenant tying us to the SD-12 ordinance. The neighbors. We attempted to meet with one of the neighbors, an elderly gentleman who lives in the duplex or single-family home next door. He was unwilling to do so. I believe he's here this afternoon. We met with Karol Kempster, who's the manager of the 13-story condominium, and she met with the board of directors on Monday. We tried to follow up; didn't get an answer. They're here today. Their articulated concerns were the lighting. We talked about the lighting and the bollards. It's only 42 inches, et cetera. The aesthetics; we talked about the pavers, landscaping, palms, et cetera. I do a lot of opposition work, and frankly, I couldn't understand how a 13-story condominium would be objecting to something that is limited to surface parking by covenant, where it has pavers, where it has bollards, and where it's necessary for the functionality of the existing restaurant, which at this point, needs to expand and has been in operation and servicing our community for 20 years. I think one of the concerns that was articulated is one of the unit owners, who's a board member, actually has a balcony on the fifth floor, and so the concern is that fumes are going to be coming up or that some sort of view is going to be impeded. They would have to -- firstly, there is a fairly substantial setback relative to their parking garage, which goes beyond -- in other words, they have their balconies, and beyond their balconies is their own parking garage for approximately, I would say, 20 to 35 feet, and then you have the surface parking lot, so it's somewhat visible. You would almost have to kind of overhang over your balcony to look at it. I think one of the other concerns was that to the extent that it's C-1, that in the future, there may be a building blocking their view. We're limiting, by covenant, to basically a surface parking lot, so I think those concerns would be addressed, so in that light -- in light of the covenant tying us to the SD-12, in light of the need for Rincon, which has been servicing the community for 20 years, and that we basically addressed that SD-12 issue in limiting ourselves to SD-12, we would ask you to approve the application. It is surface parking. It's nicely designed. I'm sorry, one more thing. It's not only limiting us to the SD-12, which requires a special exception, but what staff has suggested is limiting to the SD-12, except for ingress and egress, and a requirement that the site plan be approved by internal design review, which is Planning Department staff and we've incorporated that language into the covenant, so in that light, we would urge you to approve the request, and would just like to reserve a little time for rebuttal. Thank you. Chairman Gonzalez: All right. Anyone in opposition? Leo Bloom: My original speech was supposed to be "good morning." Chairman Gonzalez: You need to speak on the mike -- Mr. Bloom: Oh. Chairman Gonzalez: -- and we need your name and address for the record, please. Mr. Bloom: My name is Leo Bloom. I live at 3670 Southwest 23rd Terrace. I've been living there for 60 years. My original speech was supposed to be "good morning, " so now it's good evening. Chairman Gonzalez: It's good evening. Mr. Bloom: I do not want a commercial parking lot next door. I would like you to have a description of the area that shows you the exact layout of everything. The residential property at City of Miami Page 194 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 3690 Southwest 23rd Terrace is a duplex. It is owned by the restaurant, which is across the street, not the corner. They want to expand and that requires more parking space. The nearest place that they can achieve that is at the duplex across the street in the residential area at 3690, which happens to be next door to me and my property. I represent nine families living within 250 feet of 3690, the duplex, and I own five houses that are adjacent to that duplex. They are located at 3658, 3660, 3662, 3670, and 3684 Southwest 23rd Terrace, and you could see by the diagram, my house at 3684 is only five feet from the property line and driveway of 3690, the duplex. Five feet; that's not in any of their pictures. Expansion at the corner restaurant foreshadows an unwelcomed encouraging of more traffic, lights, and noise at night. It's -- the zoning change has been rejected twice; first by the Planning Advisory Board last year on June 29, and then the Zoning Board rejected it on July 25. Before I close, I would like to say it just does not make sense to have a parking lot behind a deplex. It is not like an open area that can be seen from the street. Nobody'll know what's going on back there. They could be robbed, raped, anything. Suppose there's only two people back there. You never know what's going to happen back there. Lights wouldn't make a bit of difference. It's an isolated area. It all looks beautiful with these pictures, and the folks living next door in my house at 3684, five feet away, they got to hear stuff going on. I live 50 feet away. It's quiet there, dead quiet at night, and the restaurant closes at 12, so that means after 12, there'll be activities going on there, so you'll have shrubbery, lights pointing downwards, doesn't matter about the people in the 12-story building. We're the ones that are affected by it, and if you look at my layout there, all those people all around in those houses don't like the idea, and your -- Chairman Gonzalez: OK. Mr. Bloom: -- denial of this zoning change would be greatly appreciated. Chairman Gonzalez: Thank you, sir. Mr. Bloom: Thank you. Chairman Gonzalez: Next speaker, please. Karol Kempster: It's nice to stand up. My name is Karol Kempster. I'm the property manager of 2351 Southwest 37th Avenue. I've been asked to speak to the Commission by our board and our association. There are 108 members. They're all in accord; they don't want it. I don't know what else to say. Chairman Gonzalez: They are in opposition. Ms. Kempster: They're in opposition. Vice Chairman Winton: Why is that? Ms. Kempster: Why? Vice Chairman Winton: Yeah. Ms. Kempster: Fumes, noise, lights, precedent; that this could open the door for a lot more development. Chairman Gonzalez: All right, ma'am. Thank you very much. Ms. Kempster: Um -hum. Chairman Gonzalez: Next speaker. Yes, ma'am. City of Miami Page 195 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Judy Sandoval: I have an idea. Vice Chairman Winton: You got to come to the microphone. Ms. Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I live in Silver Bluff. It's the adjacent neighborhood, and I know that area very well, and of course, further over east 23rd Street is all residential, and we've had a lot of discussions about things over there. This is just an idea. How about if they made this a one-story indoor parking lot, included the lady who wants to use some of it for storage and put a nice park on the top? Then the people in the condominium could look down on this landscape, nice green area, and use it. Make it semi-public or something like that, and the cars could be accommodated, and you wouldn't have the noise and the smell and all of the inconvenience because they'd be in a building. That's all I wanted to suggest. Chairman Gonzalez: All right. Ms. Sandoval: Thank you. Chairman Gonzalez: Thank you very much. Anybody else? OK That close the public hearing. Yes, for rebuttal. Mr. Echemendia: Just a few quick comments. Ileana would like to just make a comment if she could. She's one of the owners of the property. Just very quickly on the security, we're going to try to do valet, and it would be closed after the restaurant is closed, with -- Chairman Gonzalez: What time does the restaurant close? Mr. Echemendia: 10:30 during the week, and 11:30 Friday and Saturday evening. As we understood it, one board member was in opposition because they have the balcony overlooking. The fumes, I doubt it's going to go up 50 feet, and again, of course, she's representing that it's the entire board. In our meeting, apparently, one board member had a concern, what have you. The noise, again, there's quite a bit of buffering and distance between the two. The lighting, it's bollard lighting. The recommendations didn't have the benefit of the covenant that is being proffered that ties us to the SD-12, which we discussed with staff right before the hearing is being what would induce them to kind of support the application, so in that light, we would ask you to approve the request. Ileana for a second. Chairman Gonzalez: All right. Mr. Echemendia: And she's going to just explain the need for the expansion and why, from a competitive standpoint, it's important for them. Ileana De Marziani: Hello. My name is Ileana De Marziani. I'm the owner of 3690 and 2345 Southwest 37th Avenue, both properties, and for the last few years, there have been a lot of restaurants popping up in our area which have outside seating, which are accommodating the smokers. We are, frankly -- we've noticed in our revenues that they've gone down. I attributed this partly to that convenience that other restaurants are able to offer that we can't. Part of our renovations is offering this outside area for the smokers, so we can stay competitive and stay in business like we have for the 20 years we've been in that location -- well, 19 years. We're in that location nine years, and ten years just around the corner. We'll try to do whatever we can to accommodate the neighbors, those that are -- make it possible for us to reach out to them, and that's all I can say. Please help me 'cause this is my income. I mean, I have noticed that my revenues has gone down, so thank you very much. City of Miami Page 196 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Chairman Gonzalez: Thank you, ma'am. All right. That brings it back to the Commission. Ms. Kempster: I can't say -- Chairman Gonzalez: Commission. Ms. Kempster: Can I just answer one thing? He had mentioned that it was a board -- one board member that was objecting. It's all of the board members, and it was unanimous, and traffic was the real main issue. Chairman Gonzalez: All right, ma'am. Thank you so much. Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman, and you know, I have these memories. I think it was the first year that I was elected. It was either late 1996 or early 1997. I remember Leo complaining about the noise of the air conditioner because Frank Rollason was the Assistant City Manager, and we sent inspectors there, and they resolved the issue. I think that it was resolved. I remember when Vice Chairman Winton was discussing an item of a restaurant in his district that I said, you know -- Vice Chairman Winton: That you voted against. Commissioner Regalado: Exactly, exactly, and I said this is going to be also a problem in the district that I represent, especially this restaurant. The problem is that this restaurant has been there forever, and I always seen it, and the complaints that we get in our office is the residents parking around the neighborhood because there is no parking at the restaurant. Vice Chairman Winton: No, the complaints the customers are parking in the -- Commissioner Regalado: The customers are parking around the residential area. They can't park on 37th. They couldn't -- they cannot cross and park -- walk three blocks and park on the municipal parking in Coral Gables, so they decide to park in and around 23rd and 23rd Terrace, and even 22nd Terrace, and we get the complaints, so that's the problem that always -- you know, existing problem that we have with the restaurants and parking and sending employees to park around, et cetera, and the owner had mentioned that she is competing against restaurants in the Gables area that do have their canopies and tables outside, and she is right. Having said that, if this is a change of zoning, clean-cut from residential to commercial, I will vote on a heartbeat no because we really need to protect residential areas. I think that Leo has a point that should be very well taken, that the parking lot doesn't have to be in the back because it is far from the street. It could create problems of crime. People could congregate, sell drugs, do things. At the end of the day, the valet parking people will be in and out, and you know -- so I really cannot support this concept. I would only support this concept if this has -- and maybe Lourdes can help me here -- a covenant that will run with this property that can only be used for surface parking, and if this is ever sold or changed, it would revert back to residential. Ms. Slazyk: I don't think we can do that it would revert zoning. What you can say is that if -- when it ceases to be used for parking, it can only be used for duplex residential, so it'll -- Commissioner Regalado: Well -- Ms. Slazyk: -- remain commercial zoning, but you -- the use will be restricted to duplex, and -- Commissioner Regalado: As long as it is, but you know, I would -- if this concept is the one that you're asking me to vote right now, I will vote against. Ms. Slazyk: And let me tell you. The Planning Department was not in favor of the concept of a City of Miami Page 197 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 duplex use up front and parking in the back. We had been presented with that by the applicant, and we were not recommending that either. Commissioner Regalado: So here we have, at this late time, two choices, and the Chairman has given me the possibility of doing the motion since this is a district that I represent, so we have this option. Option number one, defer and bring it back with a new design, or right now, vote against this application. Mr. Echemendia: I -- can I answer one question, if I may, through the Chair? There is a covenant -- I think that there's a third option which addresses your question as to whether there was a covenant. There is a covenant -- Ms. Slazyk: Yes. Mr. Echemendia: -- that ties us to the SD-8 ordinance -- SD-12 ordinance, which is what we would be able to use if it were abutting, that requires us to go to the design review board, as per my discussions with Robert Lavernia -- Ms. Slazyk: Right. Mr. Echemendia: -- in which she has a copy of in front of her. We can add a sentence that says once this use has been terminated, the only residential use that will be allowed is duplex. In that case, the question that you asked, the answer is, yes. You have that covenant in front of you. We are proffering it. Ileana is here to initial the change, and you are fully -- both of your issues are fully addressed. Commissioner Regalado: Not the one, the parking in the back, though. Mr. Echemendia: The parking -- Ms. Slazyk: And not keeping the duplex structure. That -- Mr. Echemendia: Not keeping the duplex -- Ms. Slazyk: Right. Mr. Echemendia: -- structure -- Ms. Slazyk: That -- Mr. Echemendia: -- it would have to be in accordance with SD-12, which is what the covenant says. It doesn't allow the duplex structure. Commissioner Regalado: So, you know, Lourdes -- Ms. Slazyk: You could approve it on first reading, and if the modifications to the covenant are not made at second reading, you can deny it at that time, if they -- Mr. Echemendia: If you would -- Ms. Slazyk: -- if it's not in -- Mr. Echemendia: -- afford us that, that'd be great. Ms. Slazyk: -- approved. City of Miami Page 198 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Regalado: I don't have a problem, but I have a real problem, number one, doing this to start with, but I do have a real problem with having parking in the back and a structure at front -- Ms. Slazyk: That's what we -- yeah. Commissioner Regalado: -- because it would generate -- Ms. Slazyk: That has to go away. Commissioner Regalado: -- so much problems. Ms. Slazyk: I -- Mr. Echemendia: Commissioner, we agree. We'll remove -- we will agree to comply with the SD-12, and when -- before we come back for second reading, we will have a conceptual that will show you the proposed the site for the -- Ms. Slazyk: Yeah. Mr. Echemendia: -- property that will vet this out. Ms. Slazyk: We agree with you. There should not -- Mr. Echemendia: Yeah. Ms. Slazyk: -- be parking behind the duplex structure -- Chairman Gonzalez: No. Ms. Slazyk: -- for lots of reasons. That shouldn't be there. Mr. Echemendia: We agree. Ms. Slazyk: I think he agreed to remove it, but we'd need to see it before second reading -- Mr. Echemendia: Absolutely. We -- Ms. Slazyk: -- or continue it until we see it, whichever -- Mr. Echemendia: For the record -- Commissioner Regalado: Well, I would rather continue until the staff see it. You know, it's been back and forth, and I ask your indulgence in this because we need to -- we need the staff to see it. We need to be very clear. You know, the residents have come here once, and again, and again, and again, and they do deserve to understand that this is not if -- or we'll do it on the second reading or whatever. It has to be a clear, transparent plan, and like I said, you know, I'm uncomfortable doing, but I understand that -- Ms. Slazyk: Yeah. Commissioner Regalado: -- you know, it's the only solution for the business itself but also for the residents that complain about parking around, and around, and around, but it has to be, you know, something -- let me tell you something. If you go to Coral Way and 31st, the doctor's City of Miami Page 199 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 building, they acquired the duplex behind the building, and that duplex was on 21st Terrace. They came here. There were some neighbors, at first, that were a little upset. This Commission approved that. We demanded a covenant. We demanded a wall, a landscape wall. We demanded fences, and now there is no problem with the parking around the doctors. You know, no picking up and people walking around the neighborhoods leaving parked car and everything, but the fact is that the neighbors are really satisfied with the beautiful landscaping -- Ms. Slazyk: Yeah. Commissioner Regalado: -- that these people did. If they did it, someone else could do it, so I would really -- Ms. Slazyk: And there are some significant trees on this property. It looks like there's some nice trees -- Mr. Echemendia: Yeah. Ms. Slazyk: -- which some of the neighbor's concern about fumes and light. If the parking could be designed around the trees and the canopy could stay there, I think it can -- they can do a good job -- Mr. Echemendia: Great. Ms. Slazyk: -- but we need to see the plans, so -- Commissioner Regalado: Well, I think that if we can have the plans -- because I think that the resident, specially the resident immediately next to it, in this case, Leo and the residents of the building, they need to see the plan, not -- you know, it's not about changing your plans all the time, but it's about having this plans for them to see before we even take the first vote, so -- Mr. Echemendia: Commissioner, just one question to the Chair, if I may. Just -- and we agree. We'll come back and we accept the continuance and thank you for giving us the opportunity. We now know what your concerns are, and we'll address them before, I guess, the next first reading. The only issue that I have is one of timing. This is the first time we actually get on the agenda. We've been on two previous agendas, and we've been pulled off. Vice Chairman Winton: Well, you got a better shot now. Mr. Echemendia: We would ask for -- I know May 25 is getting kind of tight, but if we could be - Commissioner Regalado: Everybody is deferring to May 25. District 4 have not deferred an item, so might as well. Mr. Echemendia: If we could do May 25, that would be good. Ms. Slazyk: OK. Vice Chairman Winton: May I chime in? Chairman Gonzalez: Yes, sir. Vice Chairman Winton: I have a number of things to say, and no disrespect to those of you who live in the condo, but I can tell you, if it were ever up to me, the condo would never have been built because I would have been totally offended by the wall that's up against the houses, and City of Miami Page 200 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 when I -- y'all saw my reaction. I said is that wall back there the dividing line between -- and you all don't know this, but I used the medical building that's by doctors hospital there that's on the same side of Douglas, on the east side of Douglas, as the poster child for the wrong kind of development because that huge, giant building is built right up against those duplexes, and it was ow -- to this day, the value of those duplexes are dramatically lower -- Commissioner Regalado: Right across Coral Gables Hospital. Vice Chairman Winton: -- so that's a problem with our zoning. Creating these new kinds of buffers -- Mr. Echemendia: Transitions. Vice Chairman Winton: -- and transitions, I think, is a good move, but to our Planning Department, wherever they went -- oh, there she is -- isn't -- can't we figure out a way in our code to create a transition without creating a God -awful new zoning designation that you would never in a million years want to have happen? Isn't there a better way to create these kind of transitional moves along these corridors where we're having these big battles? Ms. Slazyk: Wait till you see Miami 21. Vice Chairman Winton: OK, thank you. That's all I want to know. I'm done. Ms. Slazyk: They're in there, they're in there. Mr. Bloom: Can I say a couple words? Commissioner Regalado: Move to defer. Chairman Gonzalez: All right. Commissioner Regalado: Move to defer. Chairman Gonzalez: So we have a -- Vice Chairman Winton: Second. Chairman Gonzalez: -- motion to defer -- Ms. Slazyk: May 25. Commissioner Regalado: To May 25. Chairman Gonzalez: -- and we have a second, right -- Commissioner Regalado: Yes, we -- Mr. Bloom: Can I say a couple words? Vice Chairman Winton: Yeah, second. Chairman Gonzalez: -- for May 25. All in favor -- Commissioner Regalado: Leo. City of Miami Page 201 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Chairman Gonzalez: -- say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All opposed have the same right. Commissioner Regalado: Just -- I mean, Leo, let me ask you this. Staff Lourdes, and Madam City Attorney, we need to know the number in the agenda to have the idea of approximate times so to tell them because he was here at 9 a.m. because -- Chairman Gonzalez: They've been here all day. Commissioner Regalado: -- the agenda -- Chairman Gonzalez: All day. They've been sitting there all day long. Commissioner Regalado: No -- Ms. Slazyk: We're going to be -- Commissioner Regalado: -- and I really apologize. I didn't know you, but I do know Leo, and I didn't know that you were here for that item, and I really apologize, but we need - Ms. Slazyk: I think -- Commissioner Regalado: -- to know -- Ms. Slazyk: -- yeah. I think we're scheduled to go through the May agenda Monday of next week, so -- Commissioner Regalado: OK -- Ms. Slazyk: -- I'm going to ask -- Commissioner Regalado: -- so you will tell my office, and we'll -- Ms. Slazyk: And then you can -- Commissioner Regalado: -- contact -- Ms. Slazyk: Perfect. Commissioner Regalado: -- you -- Ms. Slazyk: OK. Commissioner Regalado: -- and tell you exactly what it is. Chairman Gonzalez: You all came together, right? So you can all communicate to -- Commissioner Regalado: And -- Chairman Gonzalez: -- each other? Unidentified Speaker: Excuse me, sir? City of Miami Page 202 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Chairman Gonzalez: Did you all come in together? Unidentified Speaker: She and I did. Chairman Gonzalez: So, by noting -- Commissioner Regalado: No, no, but -- Chairman Gonzalez: -- one person -- Commissioner Regalado: -- if you -- would you mind to leave your name in the office -- in my office so we can -- Chairman Gonzalez: Right, so you can also be -- Commissioner Regalado: -- advise. Chairman Gonzalez: -- notified. Commissioner Regalado: We can also -- like to send you an advanced copy of their proposal that will be delivered to the Planning Department. Mr. Bloom: I can't see how they can make any -- Vice Chairman Winton: This isn't -- Mr. Bloom: What can they possibly do? Vice Chairman Winton: We're not in a public hearing. Mr. Bloom: I can't understand it. Chairman Gonzalez: Well, you have to wait -- Mr. Bloom: What are they going to do -- Chairman Gonzalez: -- and see. Mr. Bloom: -- knock down half the duplex? Commissioner Regalado: Oh, the duplex -- Mr. Bloom: I mean -- Commissioner Regalado: -- entirely. Vice Chairman Winton: All of it. Commissioner Regalado: All of it, all the duplex. Mr. Bloom: I know, but how can they make any changes that would be approved? The parking's going to still be in the back. Ms. Slazyk: No, but -- City of Miami Page 203 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Spence -Jones: No. Ms. Slazyk: -- the duplex won't be in the front. Vice Chairman Winton: Well, if we're going to rehear this tonight, we need to -- Mr. Bloom: I mean, you can't move the -- Vice Chairman Winton: -- rehear it. Mr. Bloom: -- duplex. Vice Chairman Winton: Otherwise, we need to -- Commissioner Regalado: No, I mean -- Ms. Slazyk: Yeah, they'll demolish it. Mr. Bloom: Well, even if they demolish it, let's say they demolish it -- Vice Chairman Winton: Mr. Chairman. Commissioner Regalado: Well -- Mr. Bloom: -- it's still going to be moving into a residential area. It's still going to -- Vice Chairman Winton: Listen, excuse me. Mr. Bloom: The activities -- Vice Chairman Winton: Mr. Chairman. Mr. Bloom: -- going on there at night -- Chairman Gonzalez: Yes. Vice Chairman Winton: Are we going to rehear this tonight? Commissioner Regalado: No, we can't. Vice Chairman Winton: Well, then you -- Chairman Gonzalez: No, I don't think so. Vice Chairman Winton: -- we can't be accepting testimony here. Chairman Gonzalez: Yeah. We can't be discussing this any further because it's going to come back to the Commission, and then at that point, we will hear arguments again, but not tonight. I think we have three or four items -- Mr. Bloom: I think it would be a good idea if they came to me. Vice Chairman Winton: Well -- City of Miami Page 204 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Mr. Bloom: They never came to me. Commissioner Regalado: I think it would be a very good idea if they do, so -- Chairman Gonzalez: Right. Mr. Echemendia: We'd be happy to. I think we (INAUDIBLE) -- Commissioner Regalado: Could you do that? Would you do that? Mr. Echemendia: Yes. Mr. Bloom: They have never come to me. Vice Chairman Winton: Well -- Commissioner Regalado: OK. Vice Chairman Winton: -- he's going to now. Mr. Bloom: Nobody. Chairman Gonzalez: Now, he's going to. Commissioner Regalado: Well, he's going -- Vice Chairman Winton: He's going to. Commissioner Regalado: -- to now, and then we're going to be here, and to you. Vice Chairman Winton: Yeah, he'll go to you, too. Mr. Bloom: They left a message on my telephone. Commissioner Regalado: And to you. Ms. De Marziani: My stepson personally came up to you and said -- Vice Chairman Winton: Oh, hey, hey, hey, hey, hey. Commissioner Regalado: Please, please. Hey, no, no. Chairman Gonzalez: No, no, no. Wait, wait, wait, wait, wait, wait. Commissioner Regalado: Please. OK. Vice Chairman Winton: They're going to -- Commissioner Regalado: They will be -- Vice Chairman Winton: -- come to you. Commissioner Regalado: In fact, to end this, if they don't meet with all you all, we don't hear the case on May 25. City of Miami Page 205 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Priscilla A. Thompson (City Clerk): Chair. Vice Chairman Winton: OK, next item. Ms. Thompson: I'm sorry. Chairman Gonzalez, I just want to make sure that -- Commissioner Regalado: We haven't vote. Ms. Thompson: Yes. No, no. You've done all of that, but that is also going to carry over to your companion item. Julie O. Bru (Assistant City Attorney): The companion -- Ms. Slazyk: Correct. Ms. Bru: -- item. Ms. Slazyk: Correct. Priscilla A. Thompson (City Clerk): Thank you. Ms. Bru: They have to be. PZ.34 05-00652a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3690 SOUTHWEST 23RD TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00652a Legislation.pdf 05-00652a Exhibit A.PDF 05-00652a Analysis.pdf 05-00652a Zoning Map.pdf 05-00652 & 05-00652a Aerial Map.pdf 05-00652a ZB Reso.pdf 05-00652a Application & Supporting Docs.pdf 05-00652a FR Fact Sheet 11-17-05.pdf 05-00652a FR Fact Sheet 12-01-05.pdf 05-00652a FR Fact Sheet 04-27-06.pdf REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 3690 SW 23rd Terrace APPLICANT(S): Santiago D. Echemendia, Esquire, on behalf of Cinco M's Corporation and Rincon Argentino, Inc. City ofMiami Page 206 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on July 25, 2005 by a vote of 7-0. See companion File ID 05-00652. PURPOSE: This will change the above property to C-1 Restricted Commercial. A motion by Commissioner Regalado, seconded by Vice Chairman Winton, and was passed unanimously, with Commissioner Sanchez absent, to continue Item PZ.34 to the Commission meeting currently scheduled for May 25, 2006. PZ.35 05-00014 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY DONALD J. HAYDEN, ESQ., AND JONEL NEWMAN, ESQ., (FORMERLY ANDREW W.J. DICKMAN, ESQ.), ON BEHALF OF THE MORNINGSIDE CIVIC ASSOCIATION, INC., ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ, AFFIRMING OR REVERSING THE DECISION OF THE MIAMI ZONING BOARD, THEREBY APPROVING WITH CONDITIONS OR DENYING THE CLASS II SPECIAL PERMIT APPLICATION NO. 04-0198, TO ALLOW FOR NEW CONSTRUCTION ON THE PROPERTIES LOCATED AT APPROXIMATELY 5301-5501 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." City ofMiami Page 207 Printed on 5/22,2006 City Commission Meeting Minutes April 27, 2006 05-00014 Legislation a (Version 2).PDF 05-00014 Legislation b (Version 3).PDF 05-00014 OLD Zoning Map.pdf 05-00014 OLD Aerial Map.pdf 05-00014 Exhibit A.PDF 05-00014 ZB Appeal Letter.PDF 05-00014 ZB Reso.PDF 05-00014 Class II Appeal Letter.PDF 05-00014 Class II Final Decision.PDF 05-00014 Class II Referral.PDF 05-00014 Drawings.PDF 05-00014 Fact Sheet 03-10-05.PDF 05-00014 October 18, 2005 Circuit Court Order.pdf 05-00014 CC Reso R-05-0155.pdf 05-00014 Sec 1305.pdf 05-00014 December 13, 2004 Zoning Board Transcript.PDF 05-00014 Legislation (Version 4).pdf 05-00014 Legislation (Version 5).pdf 05-00014 Fact Sheet 11-17-05.pdf 05-00014 Fact Sheet 12-01-05.pdf 05-00014 Fact Sheet 01-26-06.pdf 05-00014 Submittal Letter.pdf 05-00014 Submittal Transcripts.pdf 05-00014 Zoning Map.pdf 05-00014 Aerial Map.pdf 05-00014 ZB Reso (Amended).PDF 05-00014 Morningside Devlopment, LLC Transcript.pdf 05-00014 Neighbor Transcript.pdf 05-00014 Legislation (Version 7).PDF 05-00014 Legislation (Version 8).pdf 05-00014 Fact Sheet 04-27-06.pdf 05-00014 Fact Sheet 05-25-06.pdf 05-00014 Submittal Appeal.pdf 05-00014 Appellee Points & Authorities in Opposition to Appeal.PDF 05-00014 Appellants' Reply Brief.PDF REQUEST: Appeal of a Zoning Board Decision of a Class II Special Permit Appeal LOCATION: Approximately 5301-5501 Biscayne Boulevard APPELLANT(S): Donald J. Hayden, Esquire, and JoNel Newman, Esquire, on behalf of the Morningside Civic Association, Inc., Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz, Adjacent Property Owners APPLICANT(S): Doug Halsey, Esquire, on behalf of the Morningside Development, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal, affirm the decision of the Zoning Board and uphold the director's decision. ZONING BOARD: Denied the Class II Special Permit appeal on December 13, City ofMiami Page 208 Printed on 5,22,2006 City Commission Meeting Minutes April 27, 2006 2004 by a vote of 7-1. Denied the Class II Special Permit appeal after the remand from the City Commission on March 13, 2006 by a vote of 6-2. PURPOSE: The approval of this appeal will allow not the new construction of a mixed -use structure. NOTE: On October 18, 2005, the Circuit Court ruled to quash the City Commission's decision and remanded this case to the City Commission for proceedings. CONTINUED A motion was made by Vice Chairman Winton, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioner Sanchez absent, to continue Item PZ.35 to the Commission meeting currently scheduled for May 25, 2006. Chairman Gonzalez: Let's take PZ.35. We have some neighbors here that have been here all day long. Unidentified Speaker: 33. Chairman Gonzalez: And 33 also. You're right. I've been -- Lourdes Slazyk (Assistant Director, Planning & Zoning): Yeah. Thirty -- Chairman Gonzalez: -- watching you sitting there all day. Ms. Slazyk: Yeah. Priscilla A. Thompson (City Clerk): PZ.35. Ms. Slazyk: PZ.35 is an appeal of a Zoning Board decision of a Class II Special Permit appeal. This case has quite a history. The latest action of this City Commission was to remand it back to the Zoning Board on January 26. This is an appeal of a Class II at 5301 and 5501 Biscayne Boulevard. The Planning director granted the Class II. It was appealed to the Zoning Board. It was remanded from the circuit court, and the City Commission, on January 26, remanded it back to the Zoning Board. The Zoning Board denied the appeal on March 13, 2006 by a vote of 6/2, and it's now here before you as an appeal from the Zoning Board. Vice Chairman Winton: And Madam City Attorney. Julie O. Bru (Assistant City Attorney): Yes. Chairman and Commissioners, again, this matter is before you under the scope of that limited review, where you're only to look at whether or not the Zoning Board applied the essential -- the correct law, whether they afforded due process, and whether there was competent substantial evidence presented, so you are to review the record and base your decision on the record and the argument of counsel and the parties. Vice Chairman Winton: So who presents? Chairman Gonzalez: Who's the --? Vice Chairman Winton: I mean, what -- Ms. Slazyk: Appellants. Chairman Gonzalez: Appellant. City of Miami Page 209 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Ms. Bru: Correct. Jonel Newman: Thank you, Commissioners, and Mr. Chairman, for taking our item at this time because, as you did note, there were neighbors who have been here all day. Chairman Gonzalez: Sorry, very sorry. Ms. Newman: My name is Jonel Newman, the University of Miami School of Law, 1311 Miller Road, Coral Gables. I represent the Morningside Civic Association, Rod Alonso, Ron Stebbins, Scott Crawford, and Elvis Cruz on this appeal. The -- I did prepare a brief which I have filed with the City Attorney, the City Clerk, and given a copy to opposing counsel, so at this time, with your permission, I'll hand it to the Commission, as well. Ms. Thompson: We'll take it for you. Ms. Newman: The appellants in this case are, as the City Attorney noted, back in front of you today on this long appeal asking that the Commission do the following: To grant our appeal and approve the proposed development, if at all, on the condition that they comply with appropriate site and neighborhood compatibility standards, as expressed in 1305 design review criteria; or in the alternative, remand the matter to the Zoning Board with instructions to hold a de novo public hearing. The circuit court gave this Commission two instructions when it sent the case back to the Commission. First is Section 1305 of the Zoning Ordinance requires written findings and determinations on those criteria, and second, this Commission can hear this matter only as an appellate body, and you are prohibited from holding your own public hearing on the matter. Because of those instructions, in January, this Commission remanded the appeal to the Zoning Board for an appropriate hearing and written findings, and a determination. Instead of holding a de novo public hearing, the Zoning Board refused to take any evidence, did not weigh any evidence, and adopted the proposed resolution drafted by the developer's attorney without considering the underlying merits of the appeal. In fact, the attorney for the Zoning Board instructed the board that it had no discretion to consider the merits of the appeal or to reach any decision other than to deny our appeal. I have a tape of that proceeding, which I'd like to also submit at this time. The appellants are now requesting that this Commission, acting as the appeal's tribunal, find that the Zoning Board denied the appellants procedural due process, that the Zoning Board did not follow the essential requirements of the law, and that the Zoning Board's findings are not supported by competent substantial evidence. The existing record in this case clearly shows that the two projects, as presently proposed, do not comply with the design review criteria that are set forth in the tables that accompany Section 1305.2 of the Zoning Ordinance. Design review criteria Roman numeral one, number one, and Roman numeral two, numbers two and three, require that, before approving this, the Zoning Board must have found substantial competent evidence that the proposed projects respond to physical contextual environment, taking into consideration urban form and natural features; that they respond to the neighborhood context and create a transition in bulk and scale before granting the Class II Special Permit. The contextual renderings, color context elevation, color context bird's eye rendering, and color context perspective, along with the context photos, all show that the presently existing urban form and neighborhood context are single-family or one- or two-story homes, or small commercial structures, and I -- this is from the Zoning Board's record. I only have one copy, so I'll pass it around. The specific purpose survey, the boundary survey, the location map, and the UDRB (Urban Development Review Board) submittal, combined with the elevation contexts, all show that the proposed 95- and 92-foot buildings will be adjacent to single-family homes in the Morningside neighborhood, with a rear setback of only five feet. This fails to respond to the physical contextual environment and the neighborhood context, and it fails to create a transition in bulk and scale, as required by the design review criteria. For that reason, in permitting the structures and making the findings that it did, the Zoning Board failed to follow the essential requirements of law. In addition, design review criteria Roman numeral City of Miami Page 210 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 one -three requires that buildings on corner lots should be oriented to the corner and to public street fronts. The drawings and elevations that are part of the record and were submitted to the Zoning Board all show that the project plans two large buildings on two prominent corner lots, and the two buildings are not oriented to the corner and public street fronts, in violation of that section of the design review criteria. Design review criteria Roman numeral one-two requires that sighting should minimize the impact of automobile parking and driveways on the pedestrian environment and adjacent properties. The sighting for this project does not do so, as is evidenced by the fact that the applicant requested -- and this is part of the Zoning Board's record -- a reduction in the dimensions of the off-street loading stalls, and also to allow loading spaces backing into the public right-of-way. That was noted in the Zoning director's findings, dated October 27, 2004 in this case. They are part of the Zoning Board record. They're also attached to the brief as Exhibit B. Design review criteria Roman numeral three, numbers one and two require that development promote pedestrian interaction and design facades that respond primarily to the human scale. The elevation drawings for this project show that there are no pedestrian human proportional entrances or pedestrian friendly elevations and entrances. Instead, there are long expanses of repetitive walls with no design elements. The Zoning Board failed to follow these essential requirements of law. Design review criteria Roman numeral five four requires that proposed projects use surface parking areas as a district buffer. This is a very key item for this particular matter because the drawings submitted that are part of the Zoning Board's record show that there's absolutely no surface parking for these projects, and therefore, there is no buffer whatsoever between the large buildings and the single-family homes that they seek to abut. Instead, there is only a five-foot setback to a 40-story -- excuse me, a 40-foot garage; a five-foot setback from a single-family lot. This clearly shows that the essential requirements of law were not observed by the Zoning Board. Lastly, the Zoning Board was required by 1305.3.1 to consider the manner in which the proposed use will operate, given its specific location and proximity to less intense uses. Particular consideration shall be given to protecting residential areas from excessive noise, fumes, odors, commercial vehicle intrusion, traffic conflicts, and the spillover effect of light. There is certainly evidence in the submission considered by the Zoning Board that this tall project immediately adjacent to single-family homes with a far less intense use has the potential to burden adjacent residential area, particularly with respect to the spillover effect of light. In addition, the Planning & Zoning Department itself has previously found that rather than the 40-foot height limit at the rear of properties such as this, a 25-foot height limit is more appropriate to protect light and air flow to the abutting residential properties and neighborhoods, and that is the SD-9 Biscayne Boulevard North Overlay District final report and recommendation to the City Commission. We ask that you grant this appeal on the merits based upon the Zoning Board's record. In addition, we ask that you find that the Zoning Board failed to afford us due process in two ways: First, by failing to permit us to conduct a public hearing and introduce evidence on remand, and by failing to consider the merits of the appeal on remand. As this Commission is well aware, prior to the circuit court's decision quashing the Commission's decision in this matter originally, de novo appeals in Class II Special Permit cases were routinely held before the City Commission. The appellants in this case relied on that existing and long-standing practice in making a short argument before the Zoning Board and presenting the bulk of their evidence to the City Commission. As a result, when this Commission remanded the matter to the Zoning Board to conduct a hearing, the failure to do so effectively has precluded the civic association from introducing any evidence in its appeal, in violation of its right to due process. Jennings versus Dade County, as well as Metropolitan Dade County versus Sokolowski clearly say that quasi-judicial zoning proceedings must entitle a party an opportunity to present evidence and cross-examine witnesses, and that that opportunity must be meaningful, full and fair, and not merely colorable or illusive. In addition, the failure of the Zoning Board to conduct that de novo hearing departed from Section 1806 of the Zoning Ordinance itself, and lastly, refusal to consider the merits of the appeal, irrespective of whether there was a de novo hearing, violated the most fundamental and basic concepts of due process and fairness. Thank you. Chairman Gonzalez: Thank you. Yes, sir. City of Miami Page 211 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Douglas Halsey: Good afternoon, Commissioners. My name is Douglas Halsey, with the law firm of White & Case, 200 South Biscayne Boulevard, on behalf of the permit applicant, Morningside Development. There are several arguments which have been advanced by counsel for the association. I will attempt to address each of them, although I was just handed moments ago their brief. The first argument is that the association has been denied due process. This is simply not the case. This case has a long history. The association had an opportunity, in December 2004, when this matter was before the Zoning Board, to call evidence, to put on witnesses and put on exhibits to support whatever arguments they were to make regarding the issuance of the permit by the Planning director. They elected not to. Instead, very ably represented by counsel, they relied solely on lawyer arguments and offered no evidence in support of their appeal, so the record in this case comes before you with the record of the Zoning Board action in December 2004, where there was evidence produced by the applicant, had sworn testimony of the architect for the project. We have the permit and recommendations issued by your Planning departments, which includes the review work done by the Design Review Board, internal review committee, finding that all relevant zoning criteria were met and fully complied with, so we have before you a record with no competent substantial evidence to support the position of the association. They had the right to present evidence and testimony. They were never foreclosed from doing so. There was no due process violation. When this matter went back to the Zoning Board in March of this year, it was remanded by this Commission to provide the Zoning Board the opportunity to amend the resolution to set forth findings and determinations. That was the purpose of the remand. As you know, there had been orders issued by the circuit court, acting in appellate capacity, regarding this case and regarding the limited review and function of both this Commission, as well as the Zoning Board. That court made perfectly clear that it was not an opportunity for the Zoning Board to reconsider or to rehear the evidence, or have a de novo hearing, so to suggest that they were denied due process because the Zoning Board followed the advice of the City Attorney, which is the mandate of the court, is just simply a misstatement. They were given their opportunity in December 2004 to present evidence and testimony; they elected not to. When it was back before the Zoning Board in March of 2006, it was for purposes of generating a resolution, and they had two. They had the resolution which counsel for the association prepared, and they had the counsel -- they had the resolution which we prepared. They had the record from 2004 and they had the evidence before them. There was no competent substantial evidence before the Zoning Board to support the resolution or any of the findings which Ms. Newman would like this Commission to adopt today, so that's a critically important point. The unique nature of this proceeding, sitting as an appellate tribunal, considering a record before the Zoning Board with no evidence of any kind put forward by the association to support the arguments they advanced today. I think what's particularly important here is for you to understand that this project was reviewed by the zoning division of the Planning & Zoning departments, by the Upper Eastside NET (Neighborhood Enhancement Team) office, by the internal design review committee, by the Urban Development Review Board, and after a detailed analysis, and after modifications were made in response to questions and concerns raised by staff the director of Planning, Ana Gelabert, issued a Class II Permit, with conditions, and determined that all of the criteria of 1305 were met. Now it's no surprise that they would argue and go to different sections of the Code and say, well, this wasn't met, that wasn't met. The point here is that those determinations had been made. They've never presented any evidence in the record to support it. We just have nothing but lawyer arguments, and you have the professional staff of the City that reviewed this project carefully. You have the decision of your own appointees at the Zoning Board upholding that decision, finding that it complied with the relevant criteria of the Code. Of course the neighborhood is going to contend that there was not compliance, but the facts of the record, the evidence in the record before you provides no basis to support their position. What the association is, essentially, inviting you to do is to ignore the court's order in this case. They want you, effectively, to violate the law by acting in a manner inconsistent with the court's order, by acting in a way that's not consistent with what an appellate tribunal does, and also, by mixing this Commission's function acting in an appellate tribunal capacity on a quasi-judicial matter, City of Miami Page 212 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 and they want you to change hats and act in a quasi -legislative matter, and essentially change the metrics, change numbers and put in place altogether different conditions, but that's something that, of course, you can't do in this context. Unlike some previous applications before you tonight, we're not asking for a zoning change. We're only asking for that which we are entitled to under the Code, and that which your own professionals and zoning appeals board have determined we are entitled to because we comply with the Code. The association has been very well represented by various attorneys throughout the process, and we ask this Commission to do that which is legally right, to follow the decision of the circuit court, which remanded it to you for a hearing on the record, which means the record before the Zoning Board in December 2004 -- you have the transcript, you have the permit, you have the plans, and you have the uncontradicted testimony of the applicant and its architects -- that this meets all of the relevant criteria. I'd just like to point out that as far as a departure from the essential requirements of law are concerned, we have no facts in the record to support the argument they're making. They're effectively asking this City Commission to act as super architects or super planners and substitute its judgment for that of the staff and the Zoning Board, and second-guess that which went before you, but that's not your function in this kind of a record appeal. The function is was there competent evidence before the Zoning Board in December 2004. The answer is yes. The only evidence that was offered was by the applicant; none was offered by the association. The second was did they have due process of law in 2004. The answer is yes. They had the opportunity to call witnesses. They chose to rely exclusively on lawyer argument. Even though when they requested the appeal in November '04, they reserved the right to call evidence; they never did. Finally, the question is, is there -- was there a departure from the essential requirements of law, and I suggest to you that this has been carefully reviewed by each and every one of the elements and divisions that look at the 1305 criteria, and they have determined, in their professional opinion, that it meets those criteria, so there's nothing here before you, we respectfully submit, that would authorize the extraordinary relief they seek because there's no evidence in the record before you which would support that. If you were to approve this and attempt to impose conditions, it could only be conditions which would be addressing portions of the application which are not supported by substantial competent evidence. We submit to you there is nothing in the record which shows a lack of substantial competent evidence, so under the Code, which is 1306, it says no such condition or safeguard shall establish special limitations and/or requirements beyond those reasonably necessary for the accomplishment of the purpose for which the condition or safeguards attached, and it can only be done in circumstances where you found there's not evidence to support it. The case law is clear that the permit itself, issued by your staff constitutes substantial competent evidence, but not only do we have the permit and all the backup from the Planning Department, we also have the sworn testimony of the applicant in the proceedings below. We have two votes of the zoning appeals board to deny this appeal. We think there is more than enough before you to support the project, and we believe there is simply nothing factually by way of evidence or in the law that sustains the appeal filed by the association. Chairman Gonzalez: All right. Anything you want to add? Ms. Newman: Yes. May I respond? Chairman Gonzalez: Rebuttal. Ms. Newman: First of all, with respect to changing the conditions, we aren't trying to change the conditions. We're merely saying that the conditions that you are required to consider, and frankly, appellate courts do it everyday, is whether the Zoning Board did its job correctly, and we submit, based only on this record that is in front of you and was in front of the Zoning Board, it didn't. There is nothing in the law that prohibits you from saying that the substantial competent evidence in this case dictates otherwise, and while we agree that we do not have an opportunity to present evidence in -- to this body at this time based on the court's decision, there is evidence in the record. The evidence speaks for itself with respect to the Zoning Board file, City of Miami Page 213 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 and there is nothing in that record whatsoever -- I would challenge anyone to show me how a surface parking lot creates a buffer and transition between the single-family residential neighborhood and this large project. It's simply not there, and it's not there because it doesn't exist, and those are the kinds of examples that we can go through in a concrete manner, and that is where the Zoning Board failed. The Zoning Board -- he wants you now to count two votes of the Zoning Board, but it should only count once because they said we can't revote this matter, and that is, we contend, a denial of due process. Lastly, he says that they are entitled under the Code to build this project. We all know, and have been down this road before, that maximum height is not a right, an entitlement. Maximum height means that the body approving it is required to exercise its discretion reviewing all of the zoning criteria expressed in 1305 and elsewhere. There is simply no entitlement to build this large building. Thank you. Mr. Halsey: Just very -- Chairman Gonzalez: Thank you. Mr. Halsey: -- briefly, ifI may. Just very briefly. Vice Chairman Winton: Is he allowed? Chairman Gonzalez: With that, I'm going to close. Vice Chairman Winton: Madam City Attorney, process. Commissioner Spence -Jones: Is he allowed? Ms. Bru: Yes. Chairman Gonzalez: Yes, he's allowed. Mr. Halsey: Just very briefly. It's important for you to understand, and I'm sure your attorney will advise you that your function acting as an appellate tribunal here is not to reweigh the evidence or substitute your judgment for that of the Zoning Board, but determine was there competent substantial evidence before the Zoning Board. Did they follow the law? Did they violate due process? And my submission is that the process that they needed to get involved in was the SD-9 overlay district. If they didn't like what was authorized to be on Biscayne Boulevard, they wanted it to be single-family residential, or if they wanted to reduce the height to 30 or 40 feet, that is the process, rather than attempt to, on a quasi-judicial review, essentially reduce substantially the metrics which define fundamental property rights. Thank you. Chairman Gonzalez: Thank you. All right. That concludes the presentation of both counsels; comes back to the Commission. Vice Chairman Winton: Well, I need the City Attorney because, contrary to what the honorable judge has ordered, I'm not a lawyer; haven't been trained as a lawyer -- Chairman Gonzalez: Right. Vice Chairman Winton: -- and I recognize that he has directed me to act as a lawyer tonight, and so I've heard the two lawyers argue about the law, and I need some guidance. Ms. Bru: OK Well, Commissioner, first of all, the trial court, sitting in its appellate capacity, instructed the Zoning Board to not conduct a de novo review when this went back to the Zoning Board in March, so counsel for the neighborhood association is saying that the Zoning Board was instructed incorrectly; that is not the case. They were under a mandate to not have a de City of Miami Page 214 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 novo review, so they acted in according with the law -- Chairman Gonzalez: With the law. Ms. Bru: -- with respect to that issue. Furthermore, I'd like to just say that the brief that was handed to us today is untimely. There isn't any way that I could go through this and comment on this or give you advice on this, so that I would request that this be stricken from the record. It was just handed to us here, and really, there's no way to give this any meaningful review and be able to advise you accordingly as to any argument that's made in that brief. That leaves us with what you're doing here. What you're doing here is, again, to reiterate -- and I think counsel has already made that perfectly clear -- there has -- Vice Chairman Winton: Well, it -- excuse me, Madam City Attorney. It may be perfectly clear to you -- Ms. Bru: I will explain it. Vice Chairman Winton: -- but it is not perfectly clear to me. Ms. Bru: OK, OK. This application has gone through various reviews, both by the Administration, from a technical perspective, where they've considered our Zoning Ordinance, our requirements, design criteria, and they've come up with a recommendation, and their recommendation was to grant the application to grant the Class II. When the Zoning Board considered it, they had before them all the expertise, the review, the recommendation that the City's technical people made -- Vice Chairman Winton: Hold -- Madam City Attorney, could I interrupt you for one second? Ms. Bru: Yes. Vice Chairman Winton: I'm going to make a motion to defer this item to the next P&Z (Planning & Zoning) meeting because I want an opportunity to review the documents that I'm being required to review between now and that next meeting so that I can make my own determination about whatever it is you're explaining to me. I do not want the explanation coming just from you, so my motion is to defer to the next P&Z meeting. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion -- Commissioner Regalado: I'll second. Chairman Gonzalez: -- and we have a second. Commissioner Regalado: Just a comment, Mr. Chairman. Just for -- Chairman Gonzalez: Beg your pardon? Commissioner Regalado: -- clar -- Vice Chairman Winton: Comment. Chairman Gonzalez: Discussion. Vice Chairman Winton: He has a comment. City of Miami Page 215 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Regalado: Discussion and a comment. I have a comment and a question. Just to prepare for the next round, since I'm supporting the Vice Chairman motion to defer, but it says here on the appeal, grant the appeal and approve the proposals only on the conditions that they comply with appropriate site and neighborhood compatibility. Now this is what they say here, but -- Vice Chairman Winton: That's the document she says we can't consider. Commissioner Regalado: OK, yeah, but here it says purpose: the approval of this appeal will not allow the new construction of a mixed -use structure, so it's a contradiction of sorts because - Ms. Bru: OK. Commissioner Regalado: -- it says here it would not allow -- Ms. Bru: Commissioner, you -- when you're referring to "it says here," are you referring to the text of the resolution that was presented to you? Commissioner Regalado: Yes. Ms. Bru: OK I believe that you have two different versions of resolutions. You may grant the appeal with conditions 'cause this is before you under review. You have the option of denying the appeal, of granting the appeal -- Commissioner Regalado: Excuse me. I only have one. Ms. Bru: There should be two resolutions in your packet. Commissioner Regalado: Well, they're not. Ms. Bru: Yeah, one affirming the decision of the Zoning Board; one -- Commissioner Regalado: A resolution -- Ms. Bru: -- reversing. Commissioner Regalado: -- of the Miami City Commission -- this is what got me confused -- denying or granting the appeal. Ms. Bru: OK Well, I have two in my packet. I don't know if -- Commissioner Regalado: You're lucky because you're the attorney, because -- Vice Chairman Winton: We need all that stuff. We need to understand. Commissioner Regalado: We -- I don't understand this. Why it says here and here a different thing? I just want to understand. I'll move, of course -- Ms. Bru: It's at -- Commissioner, it's at the very, very end of the packet, I'm being told. Commissioner Regalado: Oh, OK. Chairman Gonzalez: There is a resolution -- City of Miami Page 216 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Regalado: Oh, the packet. Chairman Gonzalez: -- that says resolution of the City of Miami Commission, with attachments, granting the appeal. Is that what you're talking about? Pardon me? Vice Chairman Winton: Well, maybe y'all could organize this stuff a little better for us so we really can see all of these things in kind of one fell swoop -- Chairman Gonzalez: Yeah. Vice Chairman Winton: -- and my -- and so the motion is to -- Chairman Gonzalez: To defer. Vice Chairman Winton: -- defer this to the next Planning & Zoning -- Chairman Gonzalez: Are we going to hear the legal arguments again at the next meeting, or are we just going to make a decision, or --? Vice Chairman Winton: We have to ask our City Attorney what the law -- Chairman Gonzalez: Do we have to hear -- Vice Chairman Winton: -- is going to require -- Chairman Gonzalez: -- legal arguments again at the next --? Vice Chairman Winton: As far as I'm concerned, I don't need to hear the legal arguments again. I've already heard them. Ms. Bru: You don't have to, and I guess that gives us an opportunity to review the brief that has been submitted today, and then review the record and see whether there is competent substantial evidence in the record to support any of the arguments that are being made in the brief. Vice Chairman Winton: Bingo. Chairman Gonzalez: And then we just come here to -- Vice Chairman Winton: And so it should be -- Chairman Gonzalez: -- make a decision. Vice Chairman Winton: -- short and sweet. We'll argue the relative -- relevant points, and there'll be a motion. Chairman Gonzalez: And be a motion. All right. Mr. Halsey: Since they filed a brief we'd like an opportunity to respond. We just got it as well. Ms. Bru: Of course. Mr. Halsey: Thank you. Chairman Gonzalez: All right, so we have a motion and we have a second to defer for when? City of Miami Page 217 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Ms. Slazyk: May 25. Chairman Gonzalez: May 25. Vice Chairman Winton: Yes. Chairman Gonzalez: OK, May 25. We're loading the May 25 agenda. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Trust me, this'll be fast next time. Chairman Gonzalez: All right. Ms. Newman: Thank you. City of Miami Page 218 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 NA.1 06-00763 DISCUSSION ITEM A MOTION WAS MADE BY VICE CHAIRMAN WINTON, SECONDED BY COMMISSIONER REGALADO, AND WAS PASSED UNANIMOUSLY, DIRECTING THE CITY MANAGER TO REPORT BACK TO THE COMMISSION, WITHIN 30 DAYS, WITH A REPORT DETAILING THE BEST PRACTICES AROUND THE COUNTRY INVOLVING THE INSPECTION OF CRANES AND THE ASSOCIATED COSTS AND BENEFITS IN RELATIONSHIP TO SAME. Motion by Vice Chairman Winton, seconded by Commissioner Regalado, PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: Anything else? Vice Chairman Winton: Yes. Mr. Chairman, there was another item supposed to be on my blue pages and I don't know what happened. There was a mix-up. Chairman Gonzalez: I had the same problem. Vice Chairman Winton: Did you? Chairman Gonzalez: I had a discussion item, but it wasn't placed on the -- Vice Chairman Winton: And this relates to the balance cranes that we have, particularly located within District 2 for all the high-rise buildings, and I've given a lot of thought to this issue relative to whether we should have inspections or not have inspections, and I still don't know exactly, in my mind, what the right answer for that issue is because it's not as simple as just walking out the door and hiring an inspector to go in and inspect because you have to know, one, what you're inspecting, what you're looking for, what the issues are, and so what -- I think the appropriate tact should be to direct the Manager to review best practices around the country. There aren't a lot of places which do it, so it isn't as though you're going to go to every city in America. There's a handful of cities that actually do this; they have real experience in doing it, and I think what we ought to do is direct the City Manager to, in fact, look at the procedures and practices of the few cities out there that really inspect these big cranes and understand how the process works, what the process is going to cost, how the process is paid for, and what the cost benefit relationship is to doing this, and so my recommendation is, in fact, to direct the City Manager to bring back to us a report, in some reasonable time -- I don't know if it's -- we'll ask the Manager whether that's 30 days or 90 days or 120 days, something in that time frame -- and bring a recommendation back to us based on his research in looking at best practices in other cities. Chairman Gonzalez: All right. Vice Chairman Winton: And so I would move that recommendation. Joe Arriola (City Manager): Commissioner. Commissioner Regalado: I would second, and can I say something? Vice Chairman Winton: Sure. Commissioner Regalado: Because I think that you're on the right track, but I will give you more ammunition to that. We have an e-mail (electronic mail) here from the regional office of OSHA City of Miami Page 219 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 (Occupational Safety & Health Administration) in Fort Lauderdale. As we all know, OSHA does not inspect cranes. They are like the National Safety Transportation Board; they come in when there is an accident, and everyone that understand the federal government understand this, but Mr. [sic] Vergie Bain, in behalf of Mr. Luis Santiago, the director of OSHA, the regional office that covers Broward, Miami -Dade, and Monroe County, has offer, through the Department of Labor -- they are a division of Department of Labor -- a local emphasis program to train city inspector in the cranes inspection. I think I can give this to the building director because he's willing to come here before the City Commission and he's willing also to meet with you. He offered to meet with us, but I think it would be best for you because they would -- they have a program where they -- and they did that in New York -- train inspector for cranes and -- because all of the cranes are rented, you know, so they move from state to state, and what they are going to do is help us in the training -- specialized training in cranes. In the e-mail, they say that they are very interested because having an accident is something that OSHA doesn't want, so they figure that they could help us, so I think it's important, what you're doing, and mind you, we look around and we are the per capita, the area with more cranes now working in the United States -- Vice Chairman Winton: No question. Commissioner Regalado: -- so -- Mr. Arriola: Commissioner -- Commissioner Regalado: -- thank you. Mr. Arriola: -- if you'd like, Hector Lima will read a statement because we've been working on this, and the other thing that maybe you want to bring to the record, because there's been some - - well, not debate -- in the media, some criticism of our police department, how they handle this thing, and you know, we have a statement compared to that, but we are working on this thing, and Hector, maybe you can give him what you're going to be doing in the next 30 days or so. Vice Chairman Winton: And what's your -- and what you think you timeline is that you need, Hector. Hector Lima (Director, Building Department): A time frame, sure. Vice Chairman Winton: Sure. Mr. Lima: Hector Lima, director of the Building Department. Even before the accident, Alicia had asked me to look into the cranes so that hurricane season, we would be prepared, and at that time, she asked me to prepare some documents for the Manager, and I have gone ahead and submitted a memo (memorandum), a white paper to him saying that I will be doing that research exactly as you suggested, and we're also going to include OSHA, and I'm very happy that you already have a contact for us. I feel that a research, such as this, should be done in 30 days because it's -- we're not going to reinvent anything. We're just going to get information, gather it together, and come up with an opinion of our own. My understanding is also that the Board of Rules and Appeals, which is the entity that rules over the codes, are also going to be discussing this issue at their meeting, so there's a lot of people moving on this, and all of that information needs to just be gathered together and a recommendation be -- Vice Chairman Winton: You know, interestingly, you said something that I wasn't -- y'all are ahead -- certainly ahead of my thought process, which most people generally are anyhow, so -- but that is about hurricane issues, and I'm not sure that the cities that have implemented inspection programs for their high-rise cranes are in hurricane zones, so the research we do may not be adequate to deal with the safety procedures that we've got to consider because while I -- you know, the accident that happened a week ago or two weeks ago, which was a terrible City of Miami Page 220 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 tragedy, particularly for the family that was involved, but the fact of the matter is, in dangerous jobs, there are periodically accidents. I think our biggest challenge isn't with -- necessarily with that safety piece of it. It is with this -- the issue relative to hurricanes when hurri -- an actual hurricane or a near hurricane comes and how those cranes -- and we've seen how they reacted in the last storms and they did pretty damned well, but what are they going to do in a little bigger storm, and so I think y'all might have to look at, not only best practices, but somebody's got to be thinking about -- and you might need some engineering support to think about what the impact of hurricanes really are on these things as we go through hurricane seasons in the future. Mr. Lima: Again, that was the initial intent, the hurricane season -- Commissioner Regalado: One -- Mr. Lima: -- and now we're going to -- Commissioner Regalado: -- fell during Wilma, one, and one fell in District 4, and it took the electricity for the whole shopping center on Flagler and 37th Avenue. Chairman Gonzalez: All right. Any -- Mr. Lima: Accidents will happen. Chairman Gonzalez: -- further discussion? All right. Commissioner Winton, you have a motion on the floor, right? Vice Chairman Winton: And -- yeah, and so, Hector, you're saying 30 days? Mr. Lima: Thirty days. Vice Chairman Winton: OK, 30 days. Chairman Gonzalez: Thirty days, so -- there is a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Vice Chairman Winton: And that's all I have -- Chairman Gonzalez: That's all you have. Vice Chairman Winton: -- Mr. Chairman. NA.2 06-00764 DISCUSSION ITEM A MOTION WAS MADE BY COMMISSIONER SANCHEZ, SECONDED BY COMMISSIONER REGALADO, AND WAS PASSED UNANIMOUSLY, DIRECTING THE CITY ADMINISTRATION TO WORK WITH THE PARKS DEPARTMENT TO FIND THE NECESSARY FUNDING TO EXPEDITOUSLY IMPLEMENT, IN ALL CITY OF MIAMI PARKS, SHADED CANOPIES WHERE THERE ARE PLAYGROUND AREAS, WHILE CONTINUING THE PROCESS OF RESTRUCTURING DAMAGED CANOPIES. Motion by Commissioner Sanchez, seconded by Commissioner Regalado, PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones City of Miami Page 221 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Chairman Gonzalez: Commissioner Sanchez, you're recognized. Commissioner Sanchez: Thank you, Mr. Chairman. Mr. Chairman, I have one blue page item on the agenda, and I had one for discussion, which apparently, was not put on either, so let me start with the first one. I have invited two individuals from the Veterans Administration Office to appear in front of this legislative body. It's Eileen Broton and Janice Postlewaite of the Veterans Administration Office to address -- regarding services needed by local veterans returning from Iraq. What I am respectfully going to request, since they have not been able to make it -- and I think my office contacted your office and tried to schedule it time certain for 11 -- if I could table this item till they get here, and then I would respectfully request that it be taken out of order at this time. "[Later...1 " Commissioner Sanchez: So what I'd like to do is move on to my discussion item, which is pertaining to canopy, and basically, as you are aware, the Mayor has -- Vice Chairman Winton: Pertaining to -- Commissioner Sanchez: -- appointed -- Vice Chairman Winton: -- what, Joe? I didn't hear you. Commissioner Spence -Jones: The canopy. Commissioner Sanchez: The canopy, and green and -- Vice Chairman Winton: Oh, OK. Commissioner Sanchez: -- environmental friendly City, which the Mayor has appointed me to undertake that task as the chair of his initiative. I started to look around, and really, if you look at the City, we have lost so much canopy, it is incredible, and to replace that canopy, it's certainly going to take a lot of time and we are working on that. As a matter of fact, we had our first meeting, which a very productive meeting. It's a very complicated issue. It's an issue that I'm really educating myself on, but I looked around and I said, well, what are the first thing that we need to focus on, and it was on public places, such as parks, and I visited four parks, and I went to those parks. They were heavily utilized by parents and toddlers, you know, and the swings and stuff, and really, it was mind -boggling to me, and I couldn't even fathom that a lot of these places didn't have a single tree over those toddler play areas, not single one, and now we're coming up on the hottest months of our year, where, you know, the kids are going out there to play; you know, they sweat, they play with sand, they get sand in their mouth, they get sand in their eyes, and basically, you know, I spoke to some of the parents who were there. I said, look, it's intolerable for me to be out here with my child because there isn't any shade, so having said that -- and we looked at some parks. I wanted to bring the Parks director to come up -- and I looked at a park that came up with an initiative as we built -- and I know that we're not going to rebuild the canopy we lost within the next two years, but we need to start. Where we lost one tree, we need to plant maybe five or ten to make sure that with time, we do develop that canopy back for the betterment of our environment and the betterment of the people that we serve, but I think an alternative here and what I wanted to make sure was a directive to the Administration to put some type of canopy over these tod -- playgrounds for children so at least the children that are playing there in this hot summer now will have a better environment for them to play, and basically, if you have benches where parents sit, they could also be covered for now with some type of shaded solution as we -- Commissioner Spence -Jones: Pavilions. City of Miami Page 222 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Sanchez: -- or pavilions -- as we work on adding more greenery and more canopy and more shades to our parks. Perfect example is Douglas Park, which I drove by. Douglas Parks [sic] have now like a canopy, a blue canopy on top of those. My recommendation -- and I would like to have support from my colleagues -- is to direct the City Manager to quickly expedite and work with the City Parks Department to quickly implement in all our parks, wherever there is a toddler area that is -- does not have sufficient canopy shade -- and some do have shade, because some of the parks that I visited were -- had some kind of shade, but others had nothing, absolutely nothing. It was the children, the sand, the children, the play equipment, and the sun beaming in their heads, so having said that, I want to formally introduce a motion directing the City Administration to work with the Parks Department to find the necessary fundings to implement those types of shaded canopies all over our city parks while we work on rebuilding canopies in our public parks. Ernest Burkeen (Director, Parks and Recreation): Ernest -- Commissioner Sanchez: So move. Hold on. Commissioner Regalado: 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: Those opposed have the same right. Motion carries. Commissioner Sanchez: Mr. Parks Director, I apologize for putting you in this situation. Mr. Burkeen: Oh, know. Ernest Burkeen, director of Parks and Recreation. I just want to say thank you. We begin -- we instituted the program to put shade structures in the park where we could, but it's only, you know, so much money to go around, and you're absolutely correct, it gets extremely hot for the kids, and so having a shade structure is going to help, so I say thank you very much. Commissioner Sanchez: Well, let's get it done, because I tell you, we're going to make a lot of children happy and we're certainly going to make a lot of parents that take those childrens [sic] to our parks happy. Mr. Burkeen: I'm going to take your words back to the Budget director and we're going to have a little conversation. Thank you. Commissioner Sanchez: If we could find a lot of money around here for a lot of projects, this is one project that should have priority. All right, so Mr. Chairman, with all due respect, I'll table my item till they get here. They're on their way; we've made contact with them, and it's a very important subject, that is affordable housing, and it's a component of veterans returning back. They just completed their four years; they're coming back to State side. A lot of them are coming back to Miami and they're finding themselves in a situation where they can't not [sic] buy, so we need to work on that, so when the time is right and they get here, I'll ask you for the indulgence to allow me ten minutes to -- Chairman Gonzalez: All right. Commissioner Sanchez: -- address that issue. Chairman Gonzalez: All right. City of Miami Page 223 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 NA.3 06-00765 DISCUSSION ITEM A DIRECTION WAS MADE TO THE CITY MANAGER BY CHAIRMAN GONZALEZ TO ADDRESS ISSUES WITH THE OFFICE OF CODE ENFORCEMENT REGARDING COMPLAINTS RECEIVED AND RUDE TREATMENT OF RESIDENTS, AND TO PRIVATELY REPORT BACK TO THE CHAIRMAN. DISCUSSED Chairman Gonzalez: As you know, Mr. Manager, I have my staff -- most of my staff is out on the field, and my instructions to them are to check every street, check every alley for illegal dumping, for repairs needed, quality of life issues, and so on and so on and so on. They spent all day in different areas or neighborhood of my district, and a couple of weeks, while I was absent, one of my staff member had a confrontation or a discussion or an argument with a Code Enforcement inspector, who told him that he was not supposed to be in an alley, and the reason that my -- the person from my office was in that alley is because there were complaints for illegal dumping in the alley, so I want the Office of Code Enforcement to know, through you, that my staff has a purpose; they're getting paid to do a job; they represent me in my district, and thanks to them, they get a lot of the complaints that they are supposed to take care of. They get them because they come from my office, because I have those people working all day long, every single day of the week, looking out for these problems to report back. Another problem that I have is that I had a couple of complaints about an inspector that is treating the residents very rude. In order to issue a citation or to call the attention of a resident in reference to a violation, you don't have to be rude. I mean, you can be polite and say the same thing in a polite way, and look the end result, which is compliance, in a nice way. You don't have to be rude to citizens, and you know - - and I hope that you address those issues with the Code Enforcement Office and report back to me in private, all right? Thank you, sir. That's my item. NA.4 05-01470 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE ELECTION OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVIL SERVICE BOARD FORA TERM AS DESIGNATED HEREIN. ELECTED REPRESENTATIVES: SEATS REPRESENTED: Jorge L. Garcia Seat #1 Michael T. Dames Seat #2 Motion by Commissioner Regalado, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0259 Commissioner Regalado: OK. Mr. Chairman, if I may, now that -- because I said something that got the attention of the members of the Commission. On a briefing that I had from the Law Department regarding a Civil Service appointment, there was a suit filed, and I was given by the Law Department the mandamus, the court, right. It says that we have 20 days to act since the day that the order was issued by the judge. This suit was not against the City. It was personally against Commissioner Spence -Jones, Commissioner Joe Sanchez, Commissioner Angel City of Miami Page 224 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Gonzalez, Commissioner Johnny Winton, and Commissioner Tomas Regalado, and according to the City Attorney's Office, we will be responsible for either having a remedy to this situation or -- Vice Chairman Winton: What's the issue? Commissioner Regalado: The issue is the appointment of the Civil Service Board. It's so simple, and -- Vice Chairman Winton: Well, why don't we vote on it? Commissioner Regalado: Exact -- I don't -- I just don't understand how we got to this place here, and mind you, I -- Vice Chairman Winton: Is it on our agenda today? Commissioner Regalado: It's not on the agenda, and that's the thing. I think that the 20 -- the clock -- Commissioner Sanchez: Johnny, it's on our next agenda. Vice Chairman Winton: Oh. Commissioner Regalado: -- runs. Those 20 days are May 8, so it will be three days before the May 11 City Commission. I don't understand why we have to be embarrassed and be found by a judge in contempt of court, then get an attorney, then go there, pay a fine. You know, we're not going to go to jail, but I mean, this is a civil case, so there is fines involving contempt of court because we haven't followed the order's direction. The order clearly says appoint these people. It is your duty. Is that correct, Mr. City Attorney? I mean, can we do it today? Can we remedy this situation and get it over with? Jorge L. Fernandez (City Attorney): My position always has been that this City Commission can do anything it wants, unless it's absolutely prohibited by some law, and there is no law that prohibits you from acting on this item. There is a recommendation that has been made. It is not properly agendized [sic] in front of you. It was at one time, and then, for whatever reason, unbeknownst to me, it was pulled. It -- I know that it is in the agenda for the first meeting in May. Yes, we're in court. We don't have a date certain yet for the hearing. Yes, there are things that they could argue with regard to dereliction or failure to perform an act that you were supposed to perform per contract and per ordinance, but those are all the issues that we, as City Attorneys, in our favorite role of pooper scoopers, will have to deal with when we get -- Commissioner Regalado: It's a no-brainer, man. Mr. Fernandez: -- into court and, you know, address -- Vice Chairman Winton: Anybody -- Mr. Fernandez: -- all their concerns. Vice Chairman Winton: -- got the names somewhere? Commissioner Sanchez: So moved. Mr. Fernandez: What was that? Commissioner Sanchez: So move -- City of Miami Page 225 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Vice Chairman Winton: Anybody got the -- Commissioner Sanchez: -- to appoint -- Vice Chairman Winton: -- name of this person -- Commissioner Sanchez: -- the firefighters' appointment. Vice Chairman Winton: -- we're required -- Mr. Fernandez: Yes. Vice Chairman Winton: -- to appoint? Mr. Fernandez: The name of the person should be readily available. We can get to that -- to you -- Commissioner Regalado: The afternoon -- Mr. Fernandez: -- within 10 or -- Commissioner Regalado: -- we'll do it -- Mr. Fernandez: --15 minutes -- Commissioner Regalado: -- and that's it, and we get it over. Mr. Fernandez: -- and you may make an issue of that and pass it. Vice Chairman Winton: How about our first agenda item in the afternoon? Commissioner Sanchez: No. We should do it right now. Vice Chairman Winton: Well, I don't -- Commissioner Sanchez: So move. Mr. Fernandez: Well, we don't know the name, and we would need to have a formal item in front of you brought, as it were, out of pocket by whoever makes the motion -- Vice Chairman Winton: Great. Commissioner Sanchez: Well, Commissioner Regalado -- Mr. Fernandez: -- and then the item can be dealt with. Commissioner Sanchez: -- is going to bring it out of pocket. Vice Chairman Winton: Yeah. Pocket item in the afternoon. Priscilla A. Thompson (City Clerk): Commissioners, I'm sorry. May I put my two cent in? In the Civil Service Board, there's a two prong issue. One is first to adopt the election results from your Civil Service employees that covered those two union appointees -- City of Miami Page 226 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Sanchez: Madam Clerk -- Ms. Thompson: -- and then -- Vice Chairman Winton: What are we in court over? Commissioner Sanchez: -- could you bring that forth in the afternoon? Could you bring both items -- Ms. Thompson: I have it ready. Commissioner Sanchez: -- in the afternoon and we'll take them up. Mr. Fernandez: And the name is Michael Dames. Ms. Thompson: Dames. Commissioner Sanchez: That's the only appointment that we're going to make in the afternoon. At least that -- Ms. Thompson: That's -- Commissioner Sanchez: -- I'm prepared to make. Ms. Thompson: That is the individual who was elected -- I'm sorry, not even -- was unopposed -- Mr. Fernandez: Correct. Ms. Thompson: -- and stood to win the election, you know, appointment from the firefighter union. Vice Chairman Winton: Is that what the suit's over, that one? Commissioner Sanchez: Yeah. Commissioner Regalado: OK, OK Why don't we do this? Vice Chairman Winton: Well, then, don't put all that other stuff in here. Commissioner Regalado: Why don't we -- the City Attorney gets with the City Clerk after lunch and then brings -- Mr. Fernandez: We'll bring a proper item. Commissioner Regalado: -- the details and we get it over with, and one legal case less for the City. That's it. Chairman Gonzalez: All right. Are you all done with the firefighter? All right, let's continue with the agenda then. "[Later...]" Chairman Gonzalez: All right, so that has been done. We have NA.4, the issue about the Civil Service Board appointment that Commissioner Regalado made reference to this morning that we're going to all be sue -- City of Miami Page 227 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Vice Chairman Winton: So the one that we have -- Chairman Gonzalez: -- and put in jail -- Vice Chairman Winton: -- to make is which one? Chairman Gonzalez: -- and sentenced to 30 years. Vice Chairman Winton: Which one do we have to make? Commissioner Regalado: Thirty years in probation. Chairman Gonzalez: In probation. Vice Chairman Winton: No. I'm asking a very specific question. Commissioner Regalado: Michael Dames -- Vice Chairman Winton: OK, so -- Commissioner Regalado: -- and Jorge Garcia. Chairman Gonzalez: And Jorge Garcia. Vice Chairman Winton: Those are the two -- Chairman Gonzalez: They were both elected. Vice Chairman Winton: -- Fire guys? Commissioner Regalado: No. Chairman Gonzalez: No. Commissioner Regalado: One is Police and the other is Fire. Vice Chairman Winton: Who sued us? Commissioner Regalado: These are the elected ones. Vice Chairman Winton: OK. Chairman Gonzalez: Both of them got elected. Vice Chairman Winton: OK, so you're going to move those -- Commissioner Regalado: Yeah. Vice Chairman Winton: -- two? Commissioner Regalado: I'll move -- Vice Chairman Winton: Second. City of Miami Page 228 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Regalado: -- to appoint -- or to confirm the results of the Civil Service Board -- Vice Chairman Winton: Election. Commissioner Regalado: -- employee election; Jorge L. Garcia, elected to seat number one, and Michael D. Dames was elected, unopposed, to seat -- Vice Chairman Winton: Second. Commissioner Regalado: -- number two. 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. Vice Chairman Winton: OK What else do we have? Chairman Gonzalez: Now what do we -- what else? Commissioner Regalado: We're off the hook. Chairman Gonzalez: We -- Commissioner Regalado: We're off the hook. Vice Chairman Winton: Adjourn. Chairman Gonzalez: No, no. Wait a minute, wait a minute. We accepted the result of the elections. Now we have to accept the appointment? Ms. Thompson: No. In this particular instance, they're all together. Chairman Gonzalez: Yeah. Ms. Thompson: In this -- so you're fine. Vice Chairman Winton: We're done -- Chairman Gonzalez: We're fine now. Vice Chairman Winton: -- looking at -- Ms. Thompson: Everything is fine. Vice Chairman Winton: -- this issue. Ms. Thompson: Fine. Chairman Gonzalez: All right. Commissioner Regalado: You want to appoint the other three members, or --? City of Miami Page 229 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Vice Chairman Winton: No, we do not. Chairman Gonzalez: No. Commissioner Regalado: No? OK NA.5 06-00766 DISCUSSION ITEM A DIRECTION WAS MADE TO THE ADMINISTRATION BY COMMISSIONER SANCHEZ TO WORK WITH DEVELOPERS IN FOCUSING ON CREATING ENVIRONMENTALLY -FRIENDLY "GREEN BUILDINGS" IN THE CITY OF MIAMI. DISCUSSED Chairman Gonzalez: PZ.3. Commissioner Sanchez: While we -- Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ (Planning & Zoning) -- Commissioner Sanchez: -- allow for them to set up on PZ.3, let me just take this opportunity -- now would be a good time for the Administration to work with developers to create a green environmental friendly type of buildings that we're focusing on here in the City, so if we could -- as the process starts, although we're drafting the proper legislation, maybe now would be the appropriate time for us to start sitting down with developers and start looking at what our ideas are in the future -- Ms. Slazyk: Actually, Commissioner -- Commissioner Sanchez: -- for green buildings. Ms. Slazyk: -- we've been discussing this through the work with the Miami 21 process, and I'm not sure exactly which elements will be in Miami 21, but there are discussions, and we've been looking at other cities for that very purpose, so we'll bring something to you when we have it. Commissioner Sanchez: Thank you. I just wanted to bring that out. NA.6 06-00767 DISCUSSION ITEM A REFERENCE WAS MADE BY COMMISSIONER SPENCE-JONES RELATING TO CHAIRMAN GONZALEZ' PAST COMMENTS RELATING TO ESTABLISHING CREATIVE WAYS TO ADDRESS THE ISSUE OF RESIDENTS BEING UNABLE TO ATTEND MEETINGS CONCERNING ZONING -RELATED ITEMS. DISCUSSED Chairman Gonzalez: I'm sorry. I think you wanted to hold PZ.3 till later on, right? Commissioner Spence -Jones: No, not -- Chairman Gonzalez: You're fine with it? Lourdes Slazyk (Assistant Director, Planning & Zoning): It was like 7 and 8. Chairman Gonzalez: PZ.3 and 4. City of Miami Page 230 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Commissioner Spence -Jones: No. I think it was actually 8 that we were talking about holding. Chairman Gonzalez: 8? Commissioner Spence -Jones: PZ.3 is -- I think they're ready to go on PZ.3. I do want to make a comment, though, Mr. Chairman. I do remember -- I think before you went on your trip, that you did mention something about trying to come up with a creative way to address the issue of residents not being able to be here for zoning -related items, and I think that you might have even mentioned it somehow that you thought that it was a concern and that we needed -- or at least staff needed to try to come back to you on -- I remember you mentioning something about zoning -related issues. Chairman Gonzalez: Not in reference to -- Commissioner Spence -Jones: I know you -- Chairman Gonzalez: -- change of hours because -- Commissioner Spence -Jones: Yeah, not the change of hours. Chairman Gonzalez: Ever since I been in the -- Commissioner Spence -Jones: Not the change -- Chairman Gonzalez: -- City of Miami, the meetings have started 9 o'clock in the morning and have -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- finished at whatever time they finish -- Commissioner Spence -Jones: OK. I thought -- Chairman Gonzalez: -- so -- Commissioner Spence -Jones: -- maybe you might have said if there was something -- Chairman Gonzalez: Yeah. Commissioner Spence -Jones: -- reference to -- Chairman Gonzalez: No. Commissioner Spence -Jones: -- a special request that someone had, that they could make it maybe later on or something to that effect. OK. It was just a suggestion. Chairman Gonzalez: But I understand that someone from your staff contacted my office and ask that one of the items be heard last on the agenda or -- Commissioner Spence -Jones: Oh, yeah. I had -- I actually had a resident -- a couple residents that had -- on 7 -- it was 7 and 8, not 3. Chairman Gonzalez: 7 and 8. Commissioner Spence -Jones: Yeah. City of Miami Page 231 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 Chairman Gonzalez: OK. Commissioner Spence -Jones: We're going to hold off until some of my residents -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- get here. Chairman Gonzalez: Very good. NA.7 06-00768 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $642, TO THE INSTITUTO PARTRIOTICO Y DOCENTE SAN CARLOS, TO COVER THE RENTAL FEE COST, FOR A CULTURAL EVENT TO BE HELD AT THE MANUAL ARTIME COMMUNITY CENTER, MIAMI, FLORIDA, ON MAY 11, 2006; ALLOCATING FUNDS FROM THE DISTRICT 1 SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE NO. 001000.921054.6.289. Motion by Vice Chairman Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0258 Chairman Gonzalez: I have a pocket item. It's very simple. It's very short. It's very sweet. A resolution of the City of Miami Commission authorizing the allocation of funds in an amount not to exceed $642 to the Institute Patriotico y Docente -- Vice Chairman Winton: Second the motion. Chairman Gonzalez: -- San Carlos, to cover the -- Vice Chairman Winton: Second. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye." Vice Chairman Winton: I'll make the motion, and he made the second -- Chairman Gonzalez: All right. Vice Chairman Winton: -- on your behalf Mr. Chairman. Chairman Gonzalez: Motion. Commissioner Regalado: And these are the 642 that they were missing when I paid -- Chairman Gonzalez: Yeah, right. Commissioner Regalado: -- the rent. Chairman Gonzalez: All right. All in favor, say "aye." City of Miami Page 232 Printed on 5/22/2006 City Commission Meeting Minutes April 27, 2006 The Commission (Collectively): Aye. Chairman Gonzalez: That's it. Motion carries. MOTION TO ADJOURN A motion was made by Vice Chairman Winton, seconded by Commissioner Regalado, and passed unanimously, with Commissioner Sanchez absent, to adjourn today's meeting. Vice Chairman Winton: Do we have anything else? Chairman Gonzalez: We don't have anything else, do we? Motion to adjourn. Vice Chairman Winton: So move and done. Commissioner Regalado: Second, third. Chairman Gonzalez: We have a motion and we have a second. All in favor, "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Meeting adjourned. City of Miami Page 233 Printed on 5/22/2006