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HomeMy WebLinkAboutCC 2006-06-22 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, June 22, 2006 9:00 AM PLANNING AND ZONING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Angel Gonzalez, Chairman Joe Sanchez, Vice Chairman Linda M. Haskins, Commissioner District Two 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 June 22, 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 RE - RESOLUTIONS DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gonzalez, Commissioner Haskins, Commissioner Sanchez, Commissioner Regalado and Commissioner Spence -Jones On the 22nd day of June 2006, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chairman Angel Gonzalez at 9:12 a.m., recessed at 9:33 a.m., reconvened at 9:48 a.m., recessed at 12:13 p.m., reconvened at 2:33 p.m., with Commissioners Haskins and Regalado absent, and adjourned at 6:24 p.m. Note for the Record: Vice Chairman Johnny L. Winton was suspended from office by Governor Jeb Bush on Tuesday, June 20, 2006. This action caused a vacany on the Commission. The Commission appointed Linda Haskins as the new Commissioner for District 2 on June 22, 2006, and Mayor Manuel A. Diaz appointed Commissioner Sanchez as the new Vice Chairman. ALSO PRESENT: Jorge L. Fernandez, City Attorney Joe Arriola, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk Chairman Gonzalez: (INAUDIBLE) meeting of the City ofMiami City Commission in this historic chambers. The members of the City Commission are Joe Sanchez, Tomas Regalado, Michelle Spence -Jones, and me, Angel Gonzalez, your Chairman. Also on the dais are Joe Arriola, the City Manager, and Jorge L. Fernandez, the City Attorney; also Priscilla A. Thompson, the City Clerk. This meeting will be opened with a prayer by Commissioner Sanchez, and the pledge of allegiance by Commissioner Regalado. Please all rise for the invocation. Prayer and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 06-01090 CEREMONIAL ITEM Name of Honoree Presenter Protocol Item Barbara Simpson Commissioner Spence -Jones Memorial Salute PRESENTED Commissioner Spence -Jones presented a Certificate of Merit to Dyshon Graham for her exceptional service and dedication as an employee of the Solid Waste Department; further recognizing her efforts in going beyond the call of duty to beautify public spaces in the City of Miami, as well as her noteworthy diligence, efficiency, and team spirit. Commissioner Spence -Jones acknowledged the late Barbara Simpson, honoring her memory and service to the South Florida community; further recognizing her dedication as president of the Little River Homeowners Association; Pastor Walter Simpson and Cathy McCarthy (family members) received award on behalf of the late Barbara Simpson. City ofMiami Page 3 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 MAYORAL VETOES Chairman Gonzalez: I understand that Commissioner Spence -Jones have presentation. Commissioner Spence -Jones: Good morning, everyone. Presentations made. NO MAYORAL VETOES Chairman Gonzalez: All right. Madam City Clerk, I understand there are no vetoes from the Mayor? Priscilla A. Thompson (City Clerk): That is correct. Chairman Gonzalez: OK, let the record reflect that. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Regalado, seconded by Commissioner Sanchez, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: Also, we need to approve the Planning & Zoning meeting ofMay 25, 2006. Commissioner Regalado: Move it. Chairman Gonzalez: We have a motion -- Commissioner Sanchez: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. ORDER OF DAY Chairman Gonzalez: All right, so now we're ready -- are you ready, Commissioner Haskins, to move on with the -- Commissioner Haskins: I think so. Chairman Gonzalez: -- with this agenda? Also, there is a -- Mr. City Attorney, you need to -- Jorge L. Fernandez (City Attorney): Yes. Chairman Gonzalez: -- help me on this, too. There are certain concerns in reference to some items that were supposed to be discussed today on District 2, and people are asking if the items are going to be deferred. Is this the time to defer any items on the Planning and Zoning agenda, or do we have to wait until 10 a.m. in the morning? Mr. Fernandez: After 10 a.m., which would be in a few minutes. In order -- if you want to continue any portion of the P&Z (Planning & Zoning) agenda, you have to wait until 10 o'clock to make those announcements. City ofMiami Page 4 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Chairman Gonzalez: OK. Commissioner Haskins, are you ready to make a decision on that when the time comes or you want to analyze it? Commissioner Haskins: Yes, I am. Chairman Gonzalez: All right, ma'am. City ofMiami Page 5 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 CA.1 06-00971 Department of Police CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SOUTH FLORIDA HIGH INTENSITY DRUG TRAFFICKING AREA ("HIDTA") CRIME AND DRUG DEMAND REDUCTION PROGRAM X" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $45,000, CONSISTING OF A GRANT AWARD FROM THE SOUTH FLORIDA HIDTA THROUGH THE MONROE COUNTY SHERIFF'S OFFICE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones CA.2 06-00972 Department of Police R-06-0380 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE FUNDING OF CRIME STOPPERS OF MIAMI-DADE COUNTY INC., IN AN AMOUNT NOT TO EXCEED $10,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, WITH SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH THE PROVISIONS OF SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones CA.3 06-00973 Department of Parks and Recreation R-06-0381 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND FOR FISCAL YEAR 2005-2006 ENTITLED: "CHILD DAY CARE FOOD PROGRAM" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $72,000, CONSISTING OF ENTITLEMENT FUNDING ON A REIMBURSEMENT BASIS FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE THROUGH THE FLORIDA DEPARTMENT OF HEALTH, BUREAU OF CHILD NUTRITION PROGRAMS CHILD CARE FOOD PROGRAM, FOR THE OPERATION OF A YEAR-ROUND FOOD SERVICE PROGRAM FOR PRE-SCHOOL AGED CHILDREN IN CITY OF MIAMI PARKS; AUTHORIZING THE CITY MANAGER TO ACCEPT THE ENTITLEMENT FUNDING ON A REIMBURSEMENT BASIS, AND TO EXECUTE THE FISCAL YEAR 2005-2006 CONTRACT (S576), IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. This Matter was ADOPTED on the Consent Agenda. City ofMiami Page 6 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0382 CA.4 06-00975 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A TERMINATION OF LEASE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("LESSEE") AND RIVER VILLAGE DEVELOPMENT, A LIMITED LIABILITY CORPORATION ("LESSOR"), AS SUCCESSOR IN INTEREST TO ORIELLI TROIA, TRUSTEE UNDER A REVOCABLE TRUST AGREEMENT DATED MAY 25, 1995, TO TERMINATE THE LEASE FOR PROPERTY LOCATED AT 779 WEST FLAGLER STREET, MIAMI, FLORIDA ("PROPERTY"), FOR THE OPERATION OF THE HOMELESS PROGRAM ADMINISTRATIVE OFFICE ON AUGUST 1, 2006; FURTHER PROVIDING FOR PAYMENT BY LESSOR TO LESSEE OF A RELOCATION FEE IN THE SUM OF $40,000, AS FOLLOWS: (A) $20,000, UPON FULL EXECUTION OF THE TERMINATION OF LEASE AGREEMENT; AND (B) $20,000, SIMULTANEOUS WITH LESSEE VACATING AND SURRENDERING THE PROPERTY TO LESSOR; WITH ADDITIONAL TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0383 CA.5 06-00976 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN Police INCREASE IN THE CONTRACT AWARDED TO NES TRAFFIC SAFETY, PURSUANT TO RESOLUTION NO. 04-0392, ADOPTED JUNE 24, 2004, FURTHER AMENDED BY RESOLUTION NO. 05-0115, ADOPTED FEBRUARY 24, 2005, FOR THE PROVISION OF ADDITIONAL BARRICADE RENTAL SERVICES, FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $38,452.30, INCREASING THE CONTRACT FROM $30,000 TO $68,452.30, ANNUALLY; ALLOCATING FUNDS FOR SAID INCREASE, FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET ACCOUNT CODE NO. 001000.290201.6.610; AMENDING RESOLUTION NO. 04-0392 TO REFLECT SAID INCREASE. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones R-06-0387 CA.6 06-00977 RESOLUTION City ofMiami Page 7 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES, IN AN AMOUNT OF $50,000, PLUS COSTS TO BE APPROVED BY THE CITY ATTORNEY, FOR THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF BERGER SINGERMAN, P.A., FOR REPRESENTATION OF THE CITY OF MIAMI IN ALL MATTERS, INCLUDING BUT NOT LIMITED TO LITIGATION AND BANKRUPTCY, RELATED TO THE WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC., CASE NO. 05-15867-AJC; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.661. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0384 CA.7 06-00978 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY LETICIA BUTLER, AS PERSONAL REPRESENTATIVE OF ANTONIO BUTLER, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $900,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF LETICIA BUTLER, AS PERSONAL REPRESENTATIVE OF ANTONIO BUTLER VS. CITY OF MIAMI AND JUAN MENDEZ, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 01-02569 CA (24) JUDGE GENDEN, UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS INCLUDING JUAN MENDEZ, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0385 CA.8 06-00979 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSIGNMENT, ASSUMPTION OF LEASE AGREEMENT AND AMENDMENT NO. 4, IN SUBSTANTIALLY THE ATTACHED FORM, AND AUTHORIZING THE CITY ATTORNEY TO ENTER INTO AN AMENDED STIPULATED SETTLEMENT (WITH EXHIBITS), IN SUBSTANTIALLY THE ATTACHED FORM, WITH OVERTOWN VENTURES, INC., TO RESOLVE PENDING LITIGATION, WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS ASSERTED BY EITHER PARTY, IN CIRCUIT COURT CASE NOS. 94-13825 City ofMiami Page 8 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 CA 02, AND 06-0071 CA 06. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, to continue item CA.8. CA.9 06-00980 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF THE DEPARTMENT OF FINANCE TO ISSUE A CHECK PAYABLE TO THE TRUST ACCOUNT OF HUGO A. RODRIGUEZ, P.A., IN THE AMOUNT OF $80,725, IN FULL SETTLEMENT OF ANY AND ALL CLAIMS FOR ATTORNEYS' FEES AND COSTS FOR THE REPRESENTATION OF POLICE OFFICERS JESUS AGUERO, JORGE GARCIA AND ISRAEL GONZALEZ, IN THE CASE OF ALICE YOUNG V. CITY OF MIAMI, ET AL., CASE NO. 99-2994-CIV-MARTINEZ; ALLOCATING FUNDS FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. WITHDRAWN CA.10 06-00981 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF THE DEPARTMENT OF FINANCE TO ISSUE A CHECK PAYABLE TO THE TRUST ACCOUNT OF RUSSELL MACE & ASSOCIATE, P.A., IN THE AMOUNT OF $18,200, IN FULL SETTLEMENT OF ANY AND ALL CLAIMS FOR ATTORNEYS' FEES AND COSTS FOR THE REPRESENTATION OF POLICE OFFICERS WILLIAM HAMES AND JOHN MERVOLLIAN, IN THE CASE OF ALICE YOUNG V. CITY OF MIAMI, ET AL., CASE NO. 99-2994-CIV-MARTINEZ; ALLOCATING FUNDS FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. WITHDRAWN CA.11 06-00982 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF THE DEPARTMENT OF FINANCE TO ISSUE A CHECK PAYABLE TO THE TRUST ACCOUNT OF KLAUSNER & P.A., ON BEHALF OF IN THE AMOUNT OF $75,500, IN FULL SETTLEMENT OF ANY AND ALL CLAIMS FOR ATTORNEYS' FEES AND COSTS FOR THE REPRESENTATION OF POLICE OFFICER WILFREDO PEREZ, IN THE CASE OF UNITED STATES OF AMERICA V. WILFREDO PEREZ, ET AL., CASE NO. 02-20174-CR-ALTONAGA; ALLOCATING FUNDS FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones City ofMiami Page 9 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 R-06-0386 CA.12 06-00880 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT MATCHING GRANT FUNDS, IN THE AMOUNT OF $75,000, FROM THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY, AS PREVIOUSLY AUTHORIZED FOR GRANT SUBMISSION BY RESOLUTION NO. 05-00403, ADOPTED JUNE 23, 2005, AND APPROPRIATING SAID FUNDS TO THE GENERAL FUND -NON DEPARTMENTAL ACCOUNT NO. 001000.921002.6.930; AUTHORIZING THE CITY MANAGER TO ACCEPT THE BID OF SFM SERVICES/TECHNO, JOINT VENTURE, IN THE TOTAL AMOUNT OF $172,475, FOR THE PROJECT ENTITLED "LITTLE HAITI GRANT -PLANTING PROJECT, B-30260," FOR A ONE-YEAR PERIOD; ALLOCATING FUNDS FROM THE GENERAL FUND -NON DEPARTMENTAL ACCOUNT NO. 001000.921002.6.930, IN THE AMOUNT OF $75,000, TRANSFERRED TO THE PUBLIC WORKS GENERAL FUND ACCOUNT NO. 001000.311003.6.340, THE AMOUNT OF $18,750, IN MATCHING FUNDS FROM THE PUBLIC WORKS GENERAL FUND ACCOUNT NO. 001000.311003.6.340, AND THE AMOUNT OF $78,725, FROM THE PUBLIC WORKS GENERAL FUND ACCOUNT NO. 001000.3102.6.340; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID FIRM, FOR SAID PURPOSE; Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0406 Direction by Chairman Gonzalez to the Administration to meet with him during the week of June 26, 2006, to discuss the replacement of dead palm trees at the Produce Market in Allapattah, as well as Northwest 21 Terrace. Chairman Gonzalez: All right. That concludes the Planning & Zoning agenda. We have to reconvene the regular agenda. Jorge L. Fernandez (City Attorney): No. Priscilla A. Thompson (City Clerk): Yes. Commissioner Spence -Jones: 32. Unidentified Speaker: CA.12. Ms. Thompson: CA.12. Chairman Gonzalez: Yes, sir. We have CA.12. Mr. Fernandez: Oh, yes, oh, yes, that's right, you have -- City ofMiami Page 10 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Chairman Gonzalez: CA.12, I think it was tabled by Commissioner Sanchez -- by Chairman Sanchez. Is he here? Is he gone? Commissioner Regalado: I'll move -- Chairman Gonzalez: Did he left? Commissioner Regalado: -- CA.12. Chairman Gonzalez: All right. We have a motion on CA.12 -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." He's coming. He's coming. Let's hold the vote. CA.12. Vice Chairman Sanchez: Oh, I apologize. Chairman Gonzalez: Are you ready to accept the --? Vice Chairman Sanchez: I'm prepared to accept it for one year. Chairman Gonzalez: All right, for one year, as amended. Who was the maker of the motion? The maker of the motion. Commissioner Spence -Jones: Maker of the motion. Ms. Thompson: Commissioner Regalado was. Commissioner Spence -Jones: OK. Chairman Gonzalez: For one year. Commissioner Regalado: Yeah. Chairman Gonzalez: All right, so as amended, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Adopted the Consent Agenda City ofMiami Page 11 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, including all the preceding items marked as having been adopted on the Consent Agenda. Chairman Gonzalez: All right, so let's proceed with the consent agenda then. Jorge L. Fernandez (City Attorney): Mr. Chairman. Chairman Gonzalez: Are there --? Yes. Mr. Fernandez: With regard to the consent agenda, the Administration and the Office of the City Attorney would like to pull items 9 and 10. Vice Chairman Sanchez: Hold on, hold on. 9 and 10? Chairman Gonzalez: Pull for discussion or --? Mr. Fernandez: Pull from discussion and not -- Chairman Gonzalez: OK. Mr. Fernandez: -- to be considered today. Chairman Gonzalez: Pull them from the agenda, OK. Mr. Fernandez: Pull altogether from the agenda, and also the staff needs to have consent item number 5 pulled because it needs to be modified on the floor, slightly, but it still needs to be corrected, so you need to pull 5, and it will be discussed, minor modifications, but again, 9 and 10 are pulled indefinitely from the agenda. Chairman Gonzalez: But 5 is going to pull -- be pulled for discussion, right? Mr. Fernandez: Yeah, pulled for discussion, correct. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. Any of the Commissioners wish to pull any items from the consent agenda or defer? Commissioner Spence -Jones: Yes. Chairman, I'd like to pull C8 [sic], which is Overtown Ventures, just for discussion. Vice Chairman Sanchez: Mr. Chairman, I would respectfully request that CA.12 be pulled for the purpose of discussion, just for point of clarification. Chairman Gonzalez: Very good. Commissioner Regalado, any item? Commissioner Regalado: I would like, just for discussion, CA.7 to be pulled out of the consent agenda. Chairman Gonzalez: Commissioner Haskins, any items to be pulled for discussion? Commissioner Haskins: No. Chairman Gonzalez: All right. OK. Commissioner Spence -Jones, on CA.8. Commissioner Spence -Jones: OK, yes. Actually, I would just want to get clarity on this particular issue. This is for Overtown Ventures, and I'm going to ask the City Attorney to just provide me with further clarity on the issue of Overtown Ventures. I do know that the owner of -- or the person that's actually leasing space from Overtown shopping plaza, which we own, has -- I -- I'm assuming you guys kind of got to some sort of a settlement City ofMiami Page 12 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 or issues or concerns around it, but I want to just get clarity from you on that. I do -- and I have had opportunity to at least meet Mr. Cordone [sic] and his team, and I'm really committed to the fact that he has really gone out his way to really support many of the businesses and citizens of Overtown, so I want to see if we're moving in the direction to at least find some sort of resolution. Mr. Fernandez: Well, clearly, the proposed settlement that's in front of you today may not accomplish all of the goals and objectives that you may have in mind, Commissioner Spence -Jones, and certainly, perhaps, some of the goals that the Administration also has, and to the extent that this proposed settlement doesn't meet all the expectations, it would be prudent and wise course of action for you to postpone this item, direct us back to the table so that we can further negotiate, so that we, in a negotiated way, whether it's a win -win to both sides, we can come to a better solution than the one that's in front of you today, so my recommendation would be for you to continue it, and with directions to the City Attorneys Office and the Administration to engage in further negotiations. Commissioner Spence -Jones: All right, then I'd like to make sure that that definitely happens, and I just want the owner of that business to know and realize and understand that we're definitely committed. We understand that you went to Overtown when many people did not want to go to Overtown, and you stayed, and we appreciate that commitment to provide legal services to people from the community when no one else would be there, so -- and also, but -- by keeping a grocery store, which we don't have in Overtown, so we appreciate that, and we hopefully can have the attorneys work with your attorneys to really get past that, and I appreciate us being able to sit down at the table on that. Chairman Gonzalez: All right, so we're going to defer CA.8. OK. I need a motion and a second. Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion and a second on CA.8 to be deferred. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. All right. Commissioner Sanchez, CA.12. Vice Chairman Sanchez: Thank you, Mr. Chair. This is addressed to the Administration on this item. I had been appointed by the Mayor for the greening [sic] of Miami, and I'm all for replacing canopies in the City, and believe me, I've done all I can to go out there and plant as many trees as we can, but looking at the numbers here, it's being that -- fiduciary responsibility, I just have some questions on this as to the amount that we're paying for the trees, and where the funding is coming from, which is not clear, so I just need to clarify that so I -- Francis Mitchell (Assistant Director, Public Works): OK. Vice Chairman Sanchez: -- could feel comfortable in approving this item. One is we're paying a cost of almost $513 per tree -- Mr. Mitchell: Yes. Vice Chairman Sanchez: -- as the calculation that I'm making. Why? Is there a specific reason why we're paying that amount of money -- Chairman Gonzalez: Expensive trees. City ofMiami Page 13 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Vice Chairman Sanchez: -- for those trees? Mr. Mitchell: We contact -- Francis Mitchell, representing Public Works -- more than 200 vendors, landscapers, for them to have a chance to bid on this item, and the price that we are paying actually include one-year maintenance; they will water the trees, and if there -- one died, they will replace it and, typically, 300 to $400 per tree is not too expensive, considering the maintenance, the watering, and replacement and staking, if there -- one ever fall down. That's -- Vice Chairman Sanchez: How about size, what is the size? We don't want to go back to the days here where the palm trees were being planted. Mr. Mitchell: Yeah. Vice Chairman Sanchez: You know "X" amount of feet were being sold and "X" amount of feet were being planted. Mr. Mitchell: These trees will be Florida class I trees; two inch caliper to four inch caliper height, and ten feet high. Vice Chairman Sanchez: Ten feet high. Mr. Mitchell: Yeah. Vice Chairman Sanchez: All right. The other question that I have -- and I took notes on this issue -- is that I understand that we're getting a grant for 75,000, with the City matching another amount, which is 18,750, but -- why are we filtering in another 78,725 from the nondepartmental account to Public Works to double the amount of the tree costs? Why are we doing that? Mr. Mitchell: OK. What we are doing -- you know, this resolution is to ac -- to formally accept the $75,000 grant from the -- yeah, from the Department of Agriculture, to accept that grant, and Public Works is actually putting an extra fund to have these trees planted in other areas of this city. This will include the Flagami area, and other part of the city, and Little Haiti. It's not really strictly for Little Haiti. Vice Chairman Sanchez: OK, but that's exactly my point here now, and -- Mr. Mitchell: Um -hum. Vice Chairman Sanchez: -- I wanted you to get to that, because the title says that this is for Little Haiti, and I'm all for planting trees in Little Haiti, OK. Mr. Mitchell: Yes. Vice Chairman Sanchez: I'm for planting trees all over the city, OK, but the background claims that a big chunk of it is for citywide tree planting. Mr. Mitchell: Yes, 140,330 will be for citywide, and 32,145 -- based on the bid -- will be for Little Haiti. Vice Chairman Sanchez: Well, let me tell you why I have problems with this, and I think we could work it out after lunch. You need to sit down with me. One is I have a problem with the paying way -- how we're handling this, and the other issue is that we are creating a piece of legislation that is impossible to track, in -bound funds, and exactly what money goes into Little Haiti and citywide. I need to know how much is going into Little Haiti. I need to know exactly how much is going into citywide as to the planting -- City ofMiami Page 14 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Mr. Mitchell: Yeah. Little -- Vice Chairman Sanchez: -- so -- Mr. Mitchell: -- Haiti, per contract, per -- not per contract, per the actual bid that we received will be 32,145. Vice Chairman Sanchez: I'm sorry? Mr. Mitchell: Thirty-two thousand, one hundred and forty-five. Vice Chairman Sanchez: That's going into Little Haiti. Mr. Mitchell: Little Haiti. Vice Chairman Sanchez: How much is going citywide? Mr. Mitchell: One hundred and forty thousand, three hundred and thirty. Vice Chairman Sanchez: OK, and you feel comfortable paying $513 per tree -- Mr. Mitchell: Yes. Vice Chairman Sanchez: -- based on the maintenance and the associated costs -- Mr. Mitchell: Yes. Vice Chairman Sanchez: -- of keeping it up? All right. All right. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, sir, you're recognized. Commissioner Regalado: About a year and a half ago, we were able to get some trees donated, and we -- with the help of NET (Neighborhood Enhancement Team) and Public Works and Solid Waste, we planted some trees in and around the Golden Pines area, which is west of 27th Avenue, near the Publix, and the people were really happy because we planted like about seven to eight trees in about two blocks, but because they weren't maintain, these trees today no longer exist. These trees never cost to the City, just the work that, you know, the City put to plant it, and the volunteers and everybody was happy and, you know, taking pictures and all that, but when it didn't get maintain, people like run over, park on the swale, nobody watered them, so I think that what Public Works is doing is wise because that way, we can get -- we can track those trees. May be expensive as it is, but you know, if we have the tracking of maintenance and watering -- because you know, we cannot ask the residents to just go out and water, and sometimes in, you know, very unique case, trees are -- trees bother the residents because they cannot park on the swale or on the sidewalk or whatever, so I think it's important that this goes along with the watering and the maintenance, and I think it's the right thing to do. Chairman Gonzalez: All right. Any further discussion? Vice Chairman Sanchez: One more question. It's a five-year contract, and if it is, why are we committing to a five-year contract? Mr. Mitchell: For the grant, the management of the grant, it's for three years that those trees has to be monitored, for three years. Vice Chairman Sanchez: But is the contract a three-year or a five-year contract? I think it's a five-year contract, if I'm not mistaken. City ofMiami Page 15 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Chairman Gonzalez: It says that the City, at its sole discretion, may opt to renew the contract for four additional years. Vice Chairman Sanchez: Four -- so it's five years. Mr. Mitchell: Five years, yes. Yes, five years. Vice Chairman Sanchez: And you're comfortable with that? Mr. Mitchell: Yes. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. Let me add to this, that you might be comfortable with the five-year contract. Vice Chairman Sanchez: No, I'm not comfortable with the contract. Chairman Gonzalez: No. He said he is -- Vice Chairman Sanchez: He is. I'm not. Chairman Gonzalez: -- comfortable. I'm not comfortable with it. Are these extensions on this contract, do they come back to the Commission every time we're going to extend a contract -- Vice Chairman Sanchez: No. Chairman Gonzalez: -- or they -- it be automatically? Vice Chairman Sanchez: No. Mr. Mitchell: No, no. It will come back here for any increase. Chairman Gonzalez: You'll come back to renew the contract every single year, right? Vice Chairman Sanchez: If there's an increase. If there's no increase, it doesn't come back to this Commission. Mr. Mitchell: No. Vice Chairman Sanchez: OK. It's very simple. If there's -- Chairman Gonzalez: It doesn't come back? Vice Chairman Sanchez: -- no increase for five years, they could order the trees and they could do what they want with the trees. If there's -- Chairman Gonzalez: Well, you know -- Vice Chairman Sanchez: -- an increase, it comes back to us. Chairman Gonzalez: You know, I -- let me tell you. I was going to bring this issue to the floor later on on another item that we have on the consent agenda, but I understand we're doing something that I don't really like; I don't know how my colleagues feel about it, but on the computer contract, I understand that we approve a global contract for certain amount of dollars, and the Administration has the option to go and approve contracts without coming back to the Commission. I think that every contract that is put out there City ofMiami Page 16 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 should be approved by this Commission. That's the way I feel about it, and the same thing apply to this. We have an item later on -- and I'm going to be talking about it again - - where they're doing that again. They want us to approve a global contract, and then we will never hear or see anything else in reference to this item. I don't agree to that. We are responsible, you know. As Commissioner Regalado said, we are in the trenches, and we are the ones that have to face the public and the taxpayers, and when something goes wrong, they don't call the Administration, they don't call the procurement officer, they don't call -- they call the Commissioner, and they call the Mayor, and in some cases, they call the City Manager, so we are responsible here for the money that is spent, how it's spent, and how it's managed. In reference to the trees, I also agree with Commissioner Regalado, that it is good that we have a maintenance program if we're spending this amount of money on dollars -- on trees, I'm sorry, because let me tell you what happened to me. We had a whole bunch of palm trees planted in the produce market in Allapattah, also on Northwest 21st Terrace. You know what? They are all dead, and I want to meet with whomever is responsible for this tree planting, to see what are they going to do to replace those trees that were planted, because first of all, we spent a lot of money on building the curbs and building the site for the trees. We went out there. We bought the trees. We planted the trees. You know, we paid for all of these services. They were never maintained. They were never watered. No one went ever back to those site to look at the trees and see how they were doing, and now they're all dead, so I want to have a report -- next week I want to sit with the Administration in my office, Mr. Manager, and discuss this issue, because you were there with me; you saw what happened, so -- I mean, you know, maybe they never went out there; maybe they never saw it, but you saw it and the Mayor also saw it, so you know, I mean, we can't be wasting money here right and left and planting trees and then letting the tree dies [sic]. All right. Commissioner Regalado. Vice Chairman Sanchez: No. We have to vote on this one. Chairman Gonzalez: OK, I'm sorry. Well, we're going to vote on the entire consent agenda. Vice Chairman Sanchez: All right. Well, I'll tell you what, I want to sit down with you, and we'll bring it back in the afternoon. I'm not prepared to vote on this issue. I still have some concerns with it. Mr. Mitchell: OK. Chairman Gonzalez: All right, so what you want to do? You want to defer this? Vice Chairman Sanchez: Table it till this afternoon. Chairman Gonzalez: Tabled. CA.12, tabled. Commissioner Regalado, CA.7. Commissioner Regalado: Thank you, Mr. Chairman. I was given a very detailed briefing by the Law Department regarding this settlement of the Office of the City Attorney, but I thought that it's important to have, at least in a nutshell, an explanation from the City Attorney, because this is a settlement of $900,000, and it's a big -ticket item, and it is important to at least understand what is this settlement and to understand if this is in the best interest of the City, so I would just like for the City Attorney to give on the record, in public, a -- not the whole explanation that I was given, and I'm sure that all of you got, but that the people should know why we are approving this big settlement. Thank you. Mr. Fernandez: Yes. Mr. Chairman, Commissioners, whenever we bring to you a settlement arising out of the Police Department, your law enforcement agency conducting their business, which is the safety of the residents of the City of Miami, we always do this -- take it very seriously because the job that they do for you and for the residents of this City, it has no way to be valued and appreciated. This is a case where there was a shooting back in 1999, and the life of a young man was taken. This young City ofMiami Page 17 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 person was in the process of fleeing. There was a stolen vehicle. There is a record of this young man's activities, illegal activities, and the shooting took place, and the young man was killed. The family of the young man sued the City seven years ago, and for the last seven years, we have engaged in a very aggressive course of action litigating, defending the shooting as a legitimate shooting on the behalf of the Police Department. However, the family and their attorneys have successfully raised several issues to the attention of the court that puts the City in a position of having to react or defend itself. They're raising -- as a result of any number of circumstances, there were some records that were destroyed inadvertently. Now, destroying of these records inadvertently is being construed by the attorneys for the family as an attempt to cover up, and that's how it's being projected, and like that, a series of other events and situations which puts the City's ability to defend this case in a position where we cannot assure the City, the City Commission, or the Police Department that we would prevail. Given the severity of the damages caused and given the fact that legitimate questions have been raised by the plaintiff, this case went to mediation, and at mediation the family was asking, of course, for considerably more money, the value of a life, and we were successful in obtaining a settlement with our agreement for $900,000. There is concurrence between the Police Department, Risk Management, and the Office of the City Attorney that it's in the best interest of this City and of the family and of the community to move forward and put an end to this situation and approve the settlement for $900,000. We have fully briefed each of you as to all of the particulars. Most of those particulars, it would not be in the best interest of either the City or the plaintiffs to be fanned in public because these are all trial strategies and issues of great sensitivity, but I concur and agree with the Police Department, the Administration, Risk Management that it's in the best interest that you seriously approving this settlement. Commissioner Regalado: OK. That's enough. Chairman Gonzalez: That's enough. All right, so -- Vice Chairman Sanchez: So move. Commissioner Regalado: I'll -- Chairman Gonzalez: OK. Commissioner Regalado: -- move to bring it back. Chairman Gonzalez: So we're pulling indefinitely 9 and 10; 8 is being deferred; 12 is being tabled, so I need a motion to approve the balance of the consent agenda. Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. Mr. Fernandez: Well, and CA.5. Excuse me, Commissioner. I notified you that CA.5 needs to be modified on the floor briefly. If you would consent to having Mr. Marcos clarify, for the record, how it is that CA.5 needs to be modified before it becomes final. Chairman Gonzalez: All right. Mr. Marcos. Glenn Marcos (Director, Purchasing): Thank you, Mr. City Attorney. Chairman Gonzalez: Good morning. Mr. Marcos: Good morning, City Commissioners. Glenn Marcos, Purchasing director. CA.5 is an increase to the barricade contract by $8,452.30. We actually want to make a City ofMiami Page 18 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 modification on the floor to increase that by $38,452.30, due to the fact that those barricades will be needed for tomorrow's Heat parade. Chairman Gonzalez: All right. Any discussion? Commissioner Spence -Jones: Go Heat. Chairman Gonzalez: Hearing none. All right, we need to approve the balance of the consent agenda. We had a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: All right, so let's proceed with the consent agenda then. Jorge L. Fernandez (City Attorney): Mr. Chairman. Chairman Gonzalez: Are there --? Yes. Mr. Fernandez: With regard to the consent agenda, the Administration and the Office of the City Attorney would like to pull items 9 and 10. Vice Chairman Sanchez: Hold on, hold on. 9 and 10? Chairman Gonzalez: Pull for discussion or --? Mr. Fernandez: Pull from discussion and not -- Chairman Gonzalez: OK. Mr. Fernandez: -- to be considered today. Chairman Gonzalez: Pull them from the agenda, OK. Mr. Fernandez: Pull altogether from the agenda, and also the staff needs to have consent item number 5 pulled because it needs to be modified on the floor, slightly, but it still needs to be corrected, so you need to pull 5, and it will be discussed, minor modifications, but again, 9 and 10 are pulled indefinitely from the agenda. Chairman Gonzalez: But 5 is going to pull -- be pulled for discussion, right? Mr. Fernandez: Yeah, pulled for discussion, correct. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. Any of the Commissioners wish to pull any items from the consent agenda or defer? Commissioner Spence -Jones: Yes. Chairman, I'd like to pull C8 [sic], which is Overtown Ventures, just for discussion. Vice Chairman Sanchez: Mr. Chairman, I would respectfully request that CA.12 be pulled for the purpose of discussion, just for point of clarification. City ofMiami Page 19 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Chairman Gonzalez: Very good. Commissioner Regalado, any item? Commissioner Regalado: I would like, just for discussion, CA. 7 to be pulled out of the consent agenda. Chairman Gonzalez: Commissioner Haskins, any items to be pulled for discussion? Commissioner Haskins: No. Chairman Gonzalez: All right. OK. Commissioner Spence -Jones, on CA.8. Commissioner Spence -Jones: OK, yes. Actually, I would just want to get clarity on this particular issue. This is for Overtown Ventures, and I'm going to ask the City Attorney to just provide me with further clarity on the issue of Overtown Ventures. I do know that the owner of - - or the person that's actually leasing space from Overtown shopping plaza, which we own, has - - I -- I'm assuming you guys kind of got to some sort of a settlement or issues or concerns around it, but I want to just get clarity from you on that. I do -- and I have had opportunity to at least meet Mr. Cordone [sic] and his team, and I'm really committed to the fact that he has really gone out his way to really support many of the businesses and citizens of Overtown, so I want to see if we're moving in the direction to at least find some sort of resolution. Mr. Fernandez: Well, clearly, the proposed settlement that's in front ofyou today may not accomplish all of the goals and objectives that you may have in mind, Commissioner Spence -Jones, and certainly, perhaps, some of the goals that the Administration also has, and to the extent that this proposed settlement doesn't meet all the expectations, it would be prudent and wise course of action for you to postpone this item, direct us back to the table so that we can further negotiate, so that we, in a negotiated way, whether it's a win -win to both sides, we can come to a better solution than the one that's in front ofyou today, so my recommendation would be for you to continue it, and with directions to the CityAttorney's Office and the Administration to engage in further negotiations. Commissioner Spence -Jones: All right, then I'd like to make sure that that definitely happens, and I just want the owner of that business to know and realize and understand that we're definitely committed. We understand that you went to Overtown when many people did not want to go to Overtown, and you stayed, and we appreciate that commitment to provide legal services to people from the community when no one else would be there, so -- and also, but -- by keeping a grocery store, which we don't have in Overtown, so we appreciate that, and we hopefully can have the attorneys work with your attorneys to really get past that, and I appreciate us being able to sit down at the table on that. Chairman Gonzalez: All right, so we're going to defer CA.8. OK. I need a motion and a second. Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion and a second on CA.8 to be deferred. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. All right. Commissioner Sanchez, CA.12. City ofMiami Page 20 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Vice Chairman Sanchez: Thank you, Mr. Chair. This is addressed to the Administration on this item. I had been appointed by the Mayor for the greening [sic] ofMiami, and I'm all for replacing canopies in the City, and believe me, I've done all I can to go out there and plant as many trees as we can, but looking at the numbers here, it's being that -- fiduciary responsibility, I just have some questions on this as to the amount that we're paying for the trees, and where the funding is coming from, which is not clear, so I just need to clarify that so I -- Francis Mitchell (Assistant Director, Public Works): OK. Vice Chairman Sanchez: -- could feel comfortable in approving this item. One is we're paying a cost of almost $513 per tree -- Mr. Mitchell: Yes. Vice Chairman Sanchez: -- as the calculation that I'm making. Why? Is there a specific reason why we're paying that amount of money -- Chairman Gonzalez: Expensive trees. Vice Chairman Sanchez: -- for those trees? Mr. Mitchell: We contact -- Francis Mitchell, representing Public Works -- more than 200 vendors, landscapers, for them to have a chance to bid on this item, and the price that we are paying actually include one-year maintenance; they will water the trees, and if there -- one died, they will replace it and, typically, 300 to $400 per tree is not too expensive, considering the maintenance, the watering, and replacement and staking, if there -- one ever fall down. That's -- Vice Chairman Sanchez: How about size, what is the size? We don't want to go back to the days here where the palm trees were being planted. Mr. Mitchell: Yeah. Vice Chairman Sanchez: You know "X" amount offeet were being sold and "X" amount offeet were being planted. Mr. Mitchell: These trees will be Florida class I trees; two inch caliper to four inch caliper height, and ten feet high. Vice Chairman Sanchez: Ten feet high. Mr. Mitchell: Yeah. Vice Chairman Sanchez: All right. The other question that I have -- and I took notes on this issue -- is that I understand that we're getting a grant for 75,000, with the City matching another amount, which is 18,750, but -- why are we filtering in another 78,725 from the nondepartmental account to Public Works to double the amount of the tree costs? Why are we doing that? Mr. Mitchell: OK. What we are doing -- you know, this resolution is to ac -- to formally accept the $75, 000 grant from the -- yeah, from the Department ofAgriculture, to accept that grant, and Public Works is actually putting an extra fund to have these trees planted in other areas of City ofMiami Page 21 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 this city. This will include the Flagami area, and other part of the city, and Little Haiti. It's not really strictly for Little Haiti. Vice Chairman Sanchez: OK, but that's exactly my point here now, and -- Mr. Mitchell: Um -hum. Vice Chairman Sanchez: -- I wanted you to get to that, because the title says that this is for Little Haiti, and I'm all for planting trees in Little Haiti, OK. Mr. Mitchell: Yes. Vice Chairman Sanchez: I'm for planting trees all over the city, OK, but the background claims that a big chunk of it is for citywide tree planting. Mr. Mitchell: Yes, 140,330 will be for citywide, and 32,145 -- based on the bid -- will be for Little Haiti. Vice Chairman Sanchez: Well, let me tell you why I have problems with this, and I think we could work it out after lunch. You need to sit down with me. One is I have a problem with the paying way -- how we're handling this, and the other issue is that we are creating a piece of legislation that is impossible to track, in -bound funds, and exactly what money goes into Little Haiti and citywide. I need to know how much is going into Little Haiti. I need to know exactly how much is going into citywide as to the planting -- Mr. Mitchell: Yeah. Little -- Vice Chairman Sanchez: -- so -- Mr. Mitchell: -- Haiti, per contract, per -- not per contract, per the actual bid that we received will be 32,145. Vice Chairman Sanchez: I'm sorry? Mr. Mitchell: Thirty-two thousand, one hundred and forty-five. Vice Chairman Sanchez: That's going into Little Haiti. Mr. Mitchell: Little Haiti. Vice Chairman Sanchez: How much is going citywide? Mr. Mitchell: One hundred and forty thousand, three hundred and thirty. Vice Chairman Sanchez: OK, and you feel comfortable paying $513 per tree -- Mr. Mitchell: Yes. Vice Chairman Sanchez: -- based on the maintenance and the associated costs -- Mr. Mitchell: Yes. Vice Chairman Sanchez: -- of keeping it up? All right. All right. City ofMiami Page 22 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, sir, you're recognized. Commissioner Regalado: About a year and a half ago, we were able to get some trees donated, and we -- with the help of NET (Neighborhood Enhancement Team) and Public Works and Solid Waste, we planted some trees in and around the Golden Pines area, which is west of 27th Avenue, near the Publix, and the people were really happy because we planted like about seven to eight trees in about two blocks, but because they weren't maintain, these trees today no longer exist. These trees never cost to the City, just the work that, you know, the City put to plant it, and the volunteers and everybody was happy and, you know, taking pictures and all that, but when it didn't get maintain, people like run over, park on the Swale, nobody watered them, so I think that what Public Works is doing is wise because that way, we can get -- we can track those trees. May be expensive as it is, but you know, if we have the tracking of maintenance and watering -- because you know, we cannot ask the residents to just go out and water, and sometimes in, you know, very unique case, trees are -- trees bother the residents because they cannot park on the Swale or on the sidewalk or whatever, so I think it's important that this goes along with the watering and the maintenance, and I think it's the right thing to do. Chairman Gonzalez: All right. Any further discussion? Vice Chairman Sanchez: One more question. It's a five-year contract, and if it is, why are we committing to a five-year contract? Mr. Mitchell: For the grant, the management of the grant, it's for three years that those trees has to be monitored, for three years. Vice Chairman Sanchez: But is the contract a three-year or a five-year contract? I think it's a five-year contract, if I'm not mistaken. Chairman Gonzalez: It says that the City, at its sole discretion, may opt to renew the contract for four additional years. Vice Chairman Sanchez: Four -- so it's five years. Mr. Mitchell: Five years, yes. Yes, five years. Vice Chairman Sanchez: And you're comfortable with that? Mr. Mitchell: Yes. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. Let me add to this, that you might be comfortable with the five-year contract. Vice Chairman Sanchez: No, I'm not comfortable with the contract. Chairman Gonzalez: No. He said he is -- Vice Chairman Sanchez: He is. I'm not. Chairman Gonzalez: -- comfortable. I'm not comfortable with it. Are these extensions on this City ofMiami Page 23 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 contract, do they come back to the Commission every time we're going to extend a contract -- Vice Chairman Sanchez: No. Chairman Gonzalez: -- or they -- it be automatically? Vice Chairman Sanchez: No. Mr. Mitchell: No, no. It will come back here for any increase. Chairman Gonzalez: You'll come back to renew the contract every single year, right? Vice Chairman Sanchez: If there's an increase. If there's no increase, it doesn't come back to this Commission. Mr. Mitchell: No. Vice Chairman Sanchez: OK. It's very simple. If there's -- Chairman Gonzalez: It doesn't come back? Vice Chairman Sanchez: -- no increase for five years, they could order the trees and they could do what they want with the trees. If there's -- Chairman Gonzalez: Well, you know -- Vice Chairman Sanchez: -- an increase, it comes back to us. Chairman Gonzalez: You know, I -- let me tell you. I was going to bring this issue to the floor later on on another item that we have on the consent agenda, but I understand we're doing something that I don't really like; I don't know how my colleagues feel about it, but on the computer contract, I understand that we approve a global contract for certain amount of dollars, and the Administration has the option to go and approve contracts without coming back to the Commission. I think that every contract that is put out there should be approved by this Commission. That's the way I feel about it, and the same thing apply to this. We have an item later on -- and I'm going to be talking about it again -- where they're doing that again. They want us to approve a global contract, and then we will never hear or see anything else in reference to this item. I don't agree to that. We are responsible, you know. As Commissioner Regalado said, we are in the trenches, and we are the ones that have to face the public and the taxpayers, and when something goes wrong, they don't call the Administration, they don't call the procurement officer, they don't call -- they call the Commissioner, and they call the Mayor, and in some cases, they call the City Manager, so we are responsible here for the money that is spent, how it's spent, and how it's managed. In reference to the trees, I also agree with Commissioner Regalado, that it is good that we have a maintenance program if we're spending this amount of money on dollars -- on trees, I'm sorry, because let me tell you what happened to me. We had a whole bunch of palm trees planted in the produce market in Allapattah, also on Northwest 21 st Terrace. You know what? They are all dead, and I want to meet with whomever is responsible for this tree planting, to see what are they going to do to replace those trees that were planted, because first of all, we spent a lot of money on building the curbs and building the site for the trees. We went out there. We bought the trees. We planted the trees. You know, we paid for all of these services. They were never maintained. They were never watered. No one went ever back to those site to look at the trees and see how they were doing, and now they're all dead, so I want to have a report -- next week I want to sit with the Administration in my office, Mr. Manager, and discuss this issue, because you were there with me; you saw what City ofMiami Page 24 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 happened, so -- I mean, you know, maybe they never went out there; maybe they never saw it, but you saw it and the Mayor also saw it, so you know, I mean, we can't be wasting money here right and left and planting trees and then letting the tree dies [sic]. All right. Commissioner Regalado. Vice Chairman Sanchez: No. We have to vote on this one. Chairman Gonzalez: OK, I'm sorry. Well, we're going to vote on the entire consent agenda. Vice Chairman Sanchez: All right. Well, I'll tell you what, I want to sit down with you, and we'll bring it back in the afternoon. I'm not prepared to vote on this issue. I still have some concerns with it. Mr. Mitchell: OK. Chairman Gonzalez: All right, so what you want to do? You want to defer this? Vice Chairman Sanchez: Table it till this afternoon. Chairman Gonzalez: Tabled. CA.12, tabled. Commissioner Regalado, CA.7. Commissioner Regalado: Thank you, Mr. Chairman. I was given a very detailed briefing by the Law Department regarding this settlement of the Office of the City Attorney, butl thought that it's important to have, at least in a nutshell, an explanation from the City Attorney, because this is a settlement of $900, 000, and it's a big -ticket item, and it is important to at least understand what is this settlement and to understand if this is in the best interest of the City, so I would just like for the City Attorney to give on the record, in public, a -- not the whole explanation that I was given, and I'm sure that all of you got, but that the people should know why we are approving this big settlement. Thank you. Mr. Fernandez: Yes. Mr. Chairman, Commissioners, whenever we bring to you a settlement arising out of the Police Department, your law enforcement agency conducting their business, which is the safety of the residents of the City ofMiami, we always do this -- take it very seriously because the job that they do for you and for the residents of this City, it has no way to be valued and appreciated. This is a case where there was a shooting back in 1999, and the life of a young man was taken. This young person was in the process of fleeing. There was a stolen vehicle. There is a record of this young man's activities, illegal activities, and the shooting took place, and the young man was killed. The family of the young man sued the City seven years ago, and for the last seven years, we have engaged in a very aggressive course of action litigating, defending the shooting as a legitimate shooting on the behalf of the Police Department. However, the family and their attorneys have successfully raised several issues to the attention of the court that puts the City in a position of having to react or defend itself. They're raising -- as a result of any number of circumstances, there were some records that were destroyed inadvertently. Now, destroying of these records inadvertently is being construed by the attorneys for the family as an attempt to cover up, and that's how it's being projected, and like that, a series of other events and situations which puts the City's ability to defend this case in a position where we cannot assure the City, the City Commission, or the Police Department that we would prevail. Given the severity of the damages caused and given the fact that legitimate questions have been raised by the plaintiff, this case went to mediation, and at mediation the family was asking, of course, for considerably more money, the value of a life, and we were successful in obtaining a settlement with our agreement for $900, 000. There is concurrence between the Police Department, Risk Management, and the Office of the City Attorney that it's in the best interest of this City and of the family and of the community to move forward and put an end to this situation and approve the settlement for $900, 000. We have City ofMiami Page 25 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 fully briefed each of you as to all of the particulars. Most of those particulars, it would not be in the best interest of either the City or the plaintiffs to be fanned in public because these are all trial strategies and issues of great sensitivity, but I concur and agree with the Police Department, the Administration, Risk Management that it's in the best interest that you seriously approving this settlement. Commissioner Regalado: OK. That's enough. Chairman Gonzalez: That's enough. All right, so -- Vice Chairman Sanchez: So move. Commissioner Regalado: I'll -- Chairman Gonzalez: OK. Commissioner Regalado: -- move to bring it back. Chairman Gonzalez: So we're pulling indefinitely 9 and 10; 8 is being deferred; 12 is being tabled, so I need a motion to approve the balance of the consent agenda. Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. Mr. Fernandez: Well, and CA.5. Excuse me, Commissioner. I notified you that CA.5 needs to be modified on the floor briefly. If you would consent to having Mr. Marcos clarify, for the record, how it is that CA.5 needs to be modified before it becomes final. Chairman Gonzalez: All right. Mr. Marcos. Glenn Marcos (Director, Purchasing): Thank you, Mr. City Attorney. Chairman Gonzalez: Good morning. Mr. Marcos: Good morning, City Commissioners. Glenn Marcos, Purchasing director. CA.5 is an increase to the barricade contract by $8, 452.30. We actually want to make a modification on the floor to increase that by $38,452.30, due to the fact that those barricades will be needed for tomorrow's Heat parade. Chairman Gonzalez: All right. Any discussion? Commissioner Spence -Jones: Go Heat. Chairman Gonzalez: Hearing none. All right, we need to approve the balance of the consent agenda. We had a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. END OF CONSENT AGENDA City ofMiami Page 26 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 06-01043 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT IN THE AMOUNT OF $500,000, FROM THE CHILDREN'S TRUST TO ESTABLISH THE CITY OF MIAMI-TRUANCY PREVENTION PROGRAM DURING THE 2006-2007 SCHOOL YEAR; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD. Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0388 Chairman Gonzalez: All right. Let's move to the Commissioner items. The Mayor has an item here, M.1. Anyone from the Mayor's office? Good morning. Vivianne Bohorques (Administrative Assistant): Good morning. Vivianne Bohorques, Mayor's office. This is a resolution of the City ofMiami Commission authorizing the City Manager to accept a grant in the amount of $500, 000 from the Children's Trust to establish the City of Miami Truancy Prevention Program during the 2006/2007 school year; authorizing the City Manager to execute the necessary documents to implement acceptance of said grant. Chairman Gonzalez: All right. Do I hear a motion? Commissioner Spence -Jones: So moved. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion and we have a second. Discussion. Being none -- Commissioner Spence -Jones: I just have one quick question, Mr. Chairman. Regarding the actual grant, it's going to start the upcoming school year? Ms. Bohorques: It'll be for this school year. There'll be a planning portion and then implementation throughout -- Commissioner Spence -Jones: -- and it -- Ms. Bohorques: -- this school year. Commissioner Spence -Jones: -- it's district wide? I mean, citywide. Ms. Bohorques: It is -- it's a pilot program, and it is targeting two high schools and three middle schools. The high schools are Booker T. Washington and Miami Senior High School, and the middle schools are the ones that feed into those two high schools. City ofMiami Page 27 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Commissioner Spence -Jones: Good. Commissioner Haskins: OK. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. City ofMiami Page 28 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 DISTRICT 1 CHAIRMAN ANGEL GONZALEZ DISTRICT 2 VICE CHAIRMAN JOHNNY L. WINTON DISTRICT 3 COMMISSIONER JOE SANCHEZ D3.1 06-01071 DISCUSSION ITEM DISCUSSION CONCERNING THE CITY'S ACCEPTANCE OF 6 HISTORICAL MARKERS DONATED FOR THE MIAMI RIVER GREENWAY. DISCUSSED Chairman Gonzalez: D3.1. Vice Chairman Sanchez: Thank you, Mr. Chairman. This item is a discussion item pertaining to acceptance of six historical markers donated for the Miami River Greenway. If we could have someone from the Miami River Commission come up to address this item. Let me just state that this is a grant that they've accepted, and as you are aware, we're doing everything we can to revitalize around the river, and these greenways are looking great, and we're finally seeing some improvements in an area that, for so many years, lacked that improvement. Public Works and Legal have been briefed on this item and they are aware of it. The only issue here is on the maintenance side of it, and once -- of course, we all realize how hard it is to go out and seek grants and get them, and then find a way not to accept them. Of course, we end up losing, and the issue here, it's all about maintenance, which is a very concern -- I've always been very concerned about maintenance, and we've got to have the proper maintenance in place, but I think this issue could be easily resolved, and I -- at this time, I would yield, and sir, you could elaborate a little bit, and then I will present a motion or directing the Administration to handle the situation. Ernie Martin: OK. I'm Ernie Martin with -- 1000 North River Drive. I'm representing the Miami River Commission today. I'm the chairman of the Greenways Subcommittee of the Commission, and we have been working for quite some time now, a number of years, to secure funds from the villagers, the oldest Dade County historic preservation organization, and we secured the funding to have historic markers prepared, to have them fabricated, and then installed along the Miami River Greenway, and as you know, the Miami River Greenway is five and a half miles long on both sides of the Miami River. It is to be a recreational trail, but it was also our intent and part of the master plan from the beginning that it's also a heritage trail because of the history of the Miami River, and we're trying to install these markers now. We've let the bid out on it, and the contract has been awarded, so we only need to find who's going to maintain them. Vice Chairman Sanchez: Thank you, Ernie. I just -- on the issue, I mean -- not only it's to beautify the City, but I think one of the biggest efforts that we've had here and -- to revitalize the river, it's also to create pedestrian friendly walkways, where people could really go out and exercise and really see the beauty of what Miami is all about, and what better way to walk around and have markers that show you where once Alligator Joe's farm existed and Seybold Park and other historical areas; the house of Fort Dallas park along the river, and these markers are just to improve the quality of life in that area, so what I would like to present is City ofMiami Page 29 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 just have the Administration or Legal draft two resolutions, and then we'll come back in the afternoon and debate them. One would be option A, resolution to be drafted, which -- accept the markers. We just accept the markers, and you know, if there's no maintenance to it, and we'll handle it later on, but at least we accept them and we don't lose them, and of course, I would like to push for B, which is a resolution accepting the markers, and directing the Administration to find the legal -- the appropriate maintenance department that will be providing the maintenance to these markers, so Mr. City Attorney, if you could come back and work with my staff to prepare both resolutions. I would bring them back later on as a pocket item, and the Commission to authorize the Administration to proceed with either A or B so we could resolve this issue, and once again, I want to thank the Miami River Commission for their involvement in assuring that the Miami River, not only is it a working river, but a historical river, and that's always been the balance that I have pushed for, so thank you very much, and we'll pass this in the afternoon, either A or B. Yes. Chairman Gonzalez: All right. Commissioner Spence -Jones: I would just like to add on to the project itself. I don't know for - - how many people have actually seen the new area that's been completed, but it's beautiful, and it's a great transition from communities actually into the downtown area, and I think the staff did an awesome job. I wanted to at least acknowledge the Trust for Public Land for their hard work, and Lavinia Freeman and their crew for working along with Ernie and staff to make sure that we came out with a beautiful project, so I just wanted to acknowledge that. Chairman Gonzalez: All right. 06-01071a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO ACCEPT SIX (6) HISTORICAL MARKERS DONATED TO THE CITY OF MIAMI ("CITY"), FOR THE MIAMI RIVER GREENWAY; FURTHER AUTHORIZING THE CITY MANAGER TO DIRECT THE APPROPRIATE CITY DEPARTMENT, DEPENDING ON THE LOCATION OF SAID MARKERS, TO MAINTAIN SAID HISTORICAL MARKERS. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0399 Chairman Gonzalez: Let's continue with the regular agenda. Commissioner Sanchez, you're recognized. Vice Chair Sanchez, I'm sorry. Vice Chairman Sanchez: Mr. Chairman, thank you. One of the items that was discussed in my blue pages, which I've directed the Legal Department to prepare a resolution, has been prepared by the Legal Department, and I would like to present it for a vote. It is the item accepting the six historical markers on the Miami River Greenway, and the resolution that I would like to put forth for a vote reads as following -- and I believe you do have a copy -- and it's a resolution of the City ofMiami Commission authorizing the City Manager to execute the necessary documents to accept six historical markers donated to the City ofMiami for the Miami River Greenway; further authorizing the City Manager to direct the appropriate City department, depending on the location of said markers, to maintain such historical marker. In other words, if it's in a park, the Parks Department will maintain it. If it is in the public City ofMiami Page 30 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 right-of-way, the Public Works Department will maintain. So move. Chairman Gonzalez: All right. We have a motion -- Commissioner Spence -Jones: Second. Commissioner Haskins: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. OK. City ofMiami Page 31 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 06-01069 DISCUSSION ITEM DISCUSSION ABOUT ESTABLISHING A PILOT PROGRAM TO ENCOURAGE COMPLIANCE WITH THE FLORIDA BUILDING CODE BY WAIVING BUILDING PERMIT FEES AND CHARGES FOR SENIOR CITIZEN HOMEOWNERS WHO CORRECT VIOLATIONS. MOTION A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, for the City Attorney to prepare legislation, for the City Commission meeting currently scheduled for July 13, 2006, which would waive all City fees for qualified senior citizens, to include veterans and disabled senior citizens certified by the Social Security Administration, for those who desire to become compliant with existing code violations. Direction by Vice Chairman Sanchez to the Administration to provide the fiscal impact to the City on the proposed legislation to waive all City fees for qualified senior citizens who desire to become compliant with existing code violations. Chairman Gonzalez: D4.1. Commissioner Regalado: Thank you, Mr. Chairman. You remember that when we had a resident of Flagami here, we heard him complain about some Code enforcement issues -- actually, all of the block's houses were cited, and you asked us to meet with them and to see how we can help, what we can do. We have been meeting with them. We have been checking on them. Some of them are complying to exactly what the City asked them. Some of them have requested extensions and -- but most of them want to do the right thing. All of them want to do the right thing, but it cost money. For instance, a demolition permit for a bird cage, or if you want to take down a fence, you need a permit, you need a survey, you need this, you need that, you need a lot of documents, and some of the complaints were, well, you know, we have to go and pay -- two of the people have had to ask for a loan to comply, so I was looking at the legislation in the County trying to see what the County is doing countywide. Last month there was an ordinance that was passed on first reading that would exempt senior citizens from paying any permits to comply with any Code enforcement violation. You may say, well, you know, they -- the construction work is what it cost, but maybe $50, $75, $150 is not that much. I mean, the census, by the way, says that we have one million and a half household, and 44,000 have more than one million in assets, so we have 44,000 millionaires here in Miami -Dade County, but you know, it's one at the top and many at the bottom, and these people are hurting. They sometimes do not have the money to pay the permits, and trust me, older citizens, principally all the citizens, they do want to comply. They want to be within the law. They are very nervous. They are very upset because they cannot comply, and they don't have the money to, so I looked at the County's ordinance, and the County ordinance is very specific. It waives the cost of the permits to comply with any Code violation for every senior citizen, which falls into the poverty level, and that's very easy to find out. You know, when the state legislature approved and the voters ratify amending the Constitution for a $25, 000 extension on the homestead exemption, only the people that fall below the poverty level could qualify. Well, if we look at the City ofMiami, we have more than 20,000 or almost 30,000 people on that category that do qualify. We have plenty of these people; retired, social security income; they have paid their home, and the ordinance is also specific on the kind of work. If you did the work before 2002, or if you bought the house with already the violation, you will be exempt from paying permits. Now, some people may say in the Administration, well, but how 'bout if City ofMiami Page 32 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 they have to demolish and then build again? They have to pay impact fees. You know, impact fees we cannot exempt because everybody has to pay impact fees. Well, 99 percent of the compliance work does not require new buildings, because people usually do not have the money to build something that they are told is not in compliance, so I think -- we have the Building director here, and I think -- Hector, if you can -- I mean, we know it's possible because it's been done, but how can we, in the Building Department, help those people that do want to comply and that have more than enough problems trying to comply with their Code enforcement cases, and believe me, there are many, so we can waive some of the permit costs? Hector Lima: Good morning. Hector Lima, Building director. I'm glad that you mentioned that, Commissioner, because the fees for the building permit are really a small amount of the total for compliance. Chairman Gonzalez: All right. Mr. Lima: As I was saying, the permit fees are really a small amount, so I wanted to be clear exactly -- because the County does exempt other departments within the County fees, so I wanted to make sure that it also might include all those or just the building permit fees? Commissioner Regalado: Well -- Joe Arriola (City Manager): Well -- Commissioner Regalado: -- you know, I don't know if we can exempt -- Mr. Arriola: No. Commissioner Regalado: -- DERM's (Department of Environmental Resources Management's) Mr. Arriola: No, no, no, the City's. Commissioner Regalado: In the City. Mr. Lima: I'm sorry. The City has other departments that also charge fees within the building permit, so -- Commissioner Regalado: Oh. Mr. Lima: -- I'm wondering if you want -- Chairman Gonzalez: They should all be included. Mr. Lima: -- to include those? Commissioner Regalado: Of course, all of the fees, all of the fees, because that's the purpose of helping them. I mean, it's -- they have enough problems with trying to comply. No, I'm talking all of the fees. I don't know -- you know, I would think -- well, the guiding truck here is the Building Department -- Mr. Lima: Correct. Commissioner Regalado: -- and then from then on, you look occupational, I don't know. City ofMiami Page 33 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Mr. Lima: Well, we're talking about Public Works. We're talking about Zoning, Hearing Boards. Commissioner Regalado: Exactly -- Mr. Lima: Those kind of fees that relate to a building permit. Commissioner Regalado: -- and I'm talking about that. I'm talking -- Mr. Lima: OK. Commissioner Regalado: -- to any senior citizens that qualifies within the tax card of having double homestead exemption, and has an illegal citation, and wants to comply, that all the fees of the City are waived. That's my main -- Mr. Lima: That's fine. Commissioner Regalado: -- issue. Mr. Lima: We can do that. Chairman Gonzalez: All right. Commissioner Regalado: So Mr. City Attorney -- Chairman Gonzalez: Is that your motion? Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: Is that your motion? Commissioner Spence -Jones: I -- Commissioner Regalado: Yes. I would make a motion for the City Attorney to, in the next Commission meeting, bring back the legislation exactly on those terms. Vice Chairman Sanchez: Second -- Commissioner Haskins: Second. Vice Chairman Sanchez: -- for the purpose of discussion. Chairman Gonzalez: Sec -- we have a motion and we have a second. Discussion. Commission -- Vice Chair Sanchez. Vice Chairman Sanchez: Mr. Chairman, let me just say that this is by far a great legislation being presented here today. As you know, all our seniors in our community that struggle everyday to be able to pay their rent, and with the increase and high price of not only fuel, but food and Medicare and Medicaid, everyday they're being squeezed out of our city, and you know, these are people that were here for a long time, they established their roots here, their families are here, and today, because of the high prices, you know, they're being basically forced out of our city, so this is great legislation to provide that assistance with a lot of other assistance they're being provided. One of the things that I'd like to include here, if it's possible, is that, you know, I would like to know exactly what is the fiscal impact to the City, and that's City ofMiami Page 34 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 an important question to this issue, but I would also like to see if somehow anybody below the poverty level -- they may be disabled -- could qualify for that, and we could extend assistance to them, even veterans that are retired and are in that situation that we could help out, so let's look at all those angles, because at the end of the day, although our City continues to grow and we're having people move in, we've got to do everything we can within our power to make sure that all those that have founded this City have all the assistance to make sure they're able to continue to live in this City and be a part of this City, so please include that. If the maker of the motion accepts the amendment to include disability in the process, and possibly, even veterans, and come back. When the legislation is presented, we'll debate it, and then I'm sure that, you know, we'll pass good legislation to provide the proper assistance, so I will second the motion with that amendment. Mr. Fernandez: Disability -- veterans is a much easier status to ascertain because I'm sure we can look to some federally -issued designation. Disability is a very broad -- you know, are you talking about physical disability, mental -- Commissioner Spence -Jones: Mental. Mr. Fernandez: -- disability? What is certified by Social Security? We're trying -- Commissioner Regalado: No, no, no, no. He's -- Mr. Fernandez: -- because we need to have strict standards. Commissioner Regalado: -- talking about those persons certified by Social Security as being disabled -- Mr. Fernandez: OK. Vice Chairman Sanchez: Mr. City -- Commissioner Regalado: -- so that's a very specific -- Mr. Fernandez: Correct. Commissioner Regalado: -- category. Vice Chairman Sanchez: --Attorney, as always, we give you the cake; you bake it. Mr. Fernandez: All right. Commissioner Regalado: And -- Chairman Gonzalez: All right. Commissioner Regalado: -- we need to bring this on the first meeting of July. Mr. Fernandez: All right. Commissioner Regalado: It's easy. The County -- Mr. Fernandez: We have a (UNINTELLIGIBLE) -- Commissioner Regalado: -- you can mirror the County -- City ofMiami Page 35 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Mr. Fernandez: Correct. Commissioner Regalado: -- ordinance applying to the City. Mr. Fernandez: So you have accepted his modification -- Commissioner Regalado: Yes, I have. Mr. Fernandez: -- to include --? Commissioner Regalado: Yes, I have. Mr. Fernandez: OK. Commissioner Regalado: Yes, I have. Thank you. Chairman Gonzalez: All right. Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. City ofMiami Page 36 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 06-01029 DISCUSSION ITEM DISCUSSION REGARDING SOLID WASTE FACILITY. DISCUSSED Chairman Gonzalez: D5.1. Commissioner Spence -Jones: Commissioner Spence -Jones: Yes, Mr. Chairman. Thank you very much. I know I do have several items, and I'm going to try to get through them rather quickly. The first one is a discussion regarding Solid Waste facility, and as you know, earlier we acknowledged Dyshon for her outstanding contributions in the area of Solid Waste, and Al, Mario, Barbara, Joe, and everyone from the Solid Waste family, you know, doing whatever it takes to really make sure the spirit of the workers stay alive. My question, however, was centered around -- and hopefully -- I don't know ifAlicia's around. I know that the City Manager and I have had a discussion regarding, as well as Mario, the facility itself. I did happen to take a tour of the facility, Mr. Chairman, and I have some images that I want to just pass down to you guys, just for you to take a look at it. I just think that it's really, really important, when we talk about taking care of our citizens, that we also have the same attitude when it comes to taking care of our City employees. I, myself was, at one time, as you know, a City employee, and I know how hard it is to work to get things done, and morale is very important, and as you know, when you're out all day in those hot trucks and, you know, picking up trash, and having to deal with maggots and roaches and all kinds of things, things that most of us don't want to really deal with everyday, these people are out there doing it, making sure that garbage gets picked up. My only request on this -- and I think that the City Manager and I have somewhat worked out something, and I'm very happy that we were able to do that. I do understand that all of this stuff has a fiscal impact on us, but for showers, you know, more so than any other department, garbage men need to be able to -- after slinging trash all day, should be able come in and take a shower in a decent, clean facility, and these are our buildings, so I'm happy that the Manager and I have actually worked it out. I think Mario may have something that he wants to put on the record, and I do -- so they're going to get -- no, they're going to -- so they're going to get showers and -- Joe Arriola (City Manager): Absolutely. Commissioner Spence -Jones: All right, so I hope my Solid Waste workers are happy and -- we want you to be clean, OK, so we really appreciate y'all, OK, so we got to -- Joe, we got a gun, Joe, and thank you, Commissioners, for your support on the item. D5.2 06-01030 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE ON OSUN VILLAGE. DISCUSSED Direction by Commissioner Spence -Jones to the Administration to meet with Leroy Jones (Neighbors and Neighbors Association) in finding a solution for small local businesses concerning restricted covenants, and provide a recommendation to the City Commission. Commissioner Spence -Jones: So I'm going to move to the next one real fast, and that is on Osun Village, and I'm going to ask for Barbara Rodriguez, from Community Development, if City ofMiami Page 37 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 she can step up to the mike, along with Leroy Jones, from NANA (Neighbors and Neighbors Association). As you know, we've -- we're undergoing some serious changes on 7th Avenue in the heart of Liberty City. I believe Representative Dorothy Mindingall was here last time asking for our support and pushing very hard on a new area that would be the -- kind of the cultural mecca of Liberty City from the perspective of African Americans and Caribbean Americans. I just want to make sure that, as we proceed -- and I think Leroy has already identified several of the businesses that are participating in the program, and I think Barbara and her team has done an outstanding job, and I think they're getting ready to get started on it. I wanted to at least provide you with a package on where they are, and then I think that they have some -- few concerns that they want to address, and hopefully, I can get some support on those items. Barbara Gomez -Rodriguez (Director, Community Development): Go ahead. Leroy Jones: Leroy Jones, executive director of Neighbors and Neighbors Association, 180 Northwest 62nd Street. I just do want to mention what the Commissioner said, that KDI (Kwaku Design International), the creators of the concept, has gotten legislation passed through the State of Representatives [sic] to designate that area as the Osun Village area, which is great, which is wonderful, and the bill has been signed already by the Governor, so I commend KDI for their hard work and efforts in the process. They are the original -- originators of this concept. NANA is just the technical component, so we administer the program. We act as the liaison for the City, as the middle people with the City, and the architects, as well as the property owners. We recently -- in our June 2, the last two of the five first projects, the environmentals have been cleared, so we have five projects already cleared through environmentals, which is slated for the first portion of the project. It is a costly project, though. It's roughly about $4 million. The City has already approved 500, 000 for the first phase of the process, which will be the first five properties identified through the project, so that is done. We have already -- one of the projects, which will be over $100,000, has to have Section 3 compliance applied to it, so I've already received the contract as who are already qualified and approved through Section 3 compliance that we can use through that process, so that's been done. The plans is in the process of being completed now. Once the plans is completed, then we can sit down with Community Development as -- the Section 3 compliance, the environmentals people, and we already drafted the article for the newspaper to be submitted so that contractors can bid on the project, which is great. Community Development has -- have already approved the layout for the advertisement that will be advertised in the newspaper for contractors to bid on the project, which is great. The only thing we waiting on now is the plans to be completed, the final plans to be completed so that we can sit down with the City and the architects and send the news advertisement to the newspaper so that we can advertise the project, so we making great progress in it. I do want to say that it was some slight delays in it because we had to wait for the environmentals. It wasn't the simple environmentals that had to be done. A full-blown environments had to be done on the project, so it took a little time, so that was delay in getting environmentals done, but they're completed, so we making great progress in that, and I want to thank Community Development for working closely with us and making sure that, you know, everything is done, you know, the way that it need to be done so that we don't have no problems later on. We did, however, have some concerns about the declaration -- a restriction covenant. It is a covenant. As the Commission know, when Commissioner Winton was here, he recommended that the covenant last for eight years, and -- instead of the normal five years, which is a additional three years added to the covenant. I'm also aware that -- I don't think this project is the only one in the City that has to go through that eight year covenant, and so I'm not here just fighting for -- to get the reducement [sic] from the eight years to five years only for this project. I'm fighting as well for the other project, which I think is being done by a Little Havana group, if I'm not mistaken, so I'm not here just fighting to try to get the covenant reduced for a project that NANA is involved with, but I think that, overall, all the projects that's being done, the match should be five years instead of eight, City ofMiami Page 38 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 because that's the normal standards, was five years. Commissioner Spence -Jones: When you say normal standards, you mean -- is the County's program operate from that perspective? Mr. Jones: Yes, it's five years. It -- Commissioner Spence -Jones: Oh. Mr. Jones: -- was -- Commissioner Winton was the one who requested that this project not be five years; that it be eight years -- Commissioner Spence -Jones: OK. Mr. Jones: -- so we added an additional three years' covenant, which now the owners would have to be responsible for paying for tax deeds and stuff because it has to be registered, as well, so -- Commissioner Spence -Jones: OK. Barbara, can you just --? I know that this is a new issue that has come up, and I think that many of the other businesses are having this concerns with signing this paperwork to get this work done and the possibility of them losing their businesses behind this. I just want to make sure that that's not the next step, you know, in a situation where businesses already struggling -- I mean, we may be able to do the facades to assist them with getting their businesses up, but they still have to run their businesses. Do you have any recommendations on how we can work along with NANA and with all the other groups throughout the district -- I mean, throughout the City so that we don't have this issue? Ms. Gomez -Rodriguez: I will work with Leroy on reference to what his concerns that he have received from the community. I have not received concerns from the downtown area, which is the other one that has this. The restricted covenant only says that if they sell the property, they got to pay us back -- Commissioner Spence -Jones: OK. Ms. Gomez -Rodriguez: -- and Commissioner Winton, which was the maker of that motion, he felt that the amount of money that we were putting in, eight year was kind of reasonable. What I would recommend to the Commissioners is that let me come back at the next Commission meeting -- let me have an opportunity to meet with Leroy, find out what the concerns of the business community are, and then make some recommendations. Commissioner Spence -Jones: OK. All right. You have any comments on that? Mr. Jones: Well, I want to say for the record, is that, you know, it's nothing that -- I think me and Community Development have a good relationship, so I don't want Community Development to think -- Ms. Gomez -Rodriguez: No. Mr. Jones: -- that it's nothing reflect on them, because I know that Community Development didn't have anything to do with it. Ms. Gomez -Rodriguez: Right. Mr. Jones: I know Commissioner Winton was the one who -- City ofMiami Page 39 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Ms. Gomez -Rodriguez: Right. Mr. Jones: -- requested that -- Ms. Gomez -Rodriguez: No problem. Mr. Jones: -- the eight year covenant be added -- Commissioner Spence -Jones: Right. Mr. Jones: -- but I do want to say that a deed has to be recorded with this -- Ms. Gomez -Rodriguez: Right. Mr. Jones: -- covenant, and that the property owners is responsible for paying for the deed. The County program is no deed recorded -- no covenant deed recorded. It is signed documents notarized and approved that the owners agree upon not selling the property -- Ms. Gomez -Rodriguez: Yeah. Mr. Jones: -- within five years, and after the first year, it's a declining rate, so -- Ms. Gomez -Rodriguez: Right. Mr. Jones: -- so it goes from 80 percent to 60 percent to 30 percent -- Ms. Gomez -Rodriguez: Right. Mr. Jones: -- but in this one, however, if they sell within four years, the City has a right to recoup every penny -- Ms. Gomez -Rodriguez: Every penny. Mr. Jones: -- and then it declines, so it's like -- it's a eight -year if -- and they can't refinance. They can't do anything without, you know, having the City agree to the process, you know, so what -- in looking at that area now, once we rehab these properties, they going to be worth more, which means more taxes going to be collected, you know, and we talking about owners who probably now, even up to this day, is only getting 5, 6, 7, $800 for rent a month, which is nothing compared to what square footage is in the City ofMiami and Dade County and the country, so now, of course, they'll now be able to -- after carrying these properties so long, because they can't find tenants that can afford to pay, now they're going to be real attractive, where they can get reasonable dollars for the property. You know what I mean? Commissioner Spence -Jones: Yeah. Mr. Jones: So for them to not to be able to have some say-so in a property is just like -- it's -- you know, this eight -year covenant thing is like -- Ms. Gomez -Rodriguez: OK. Mr. Jones: -- you know -- and they understand the process. They know they can't sell it. None of them is interested in selling they property, so they're not doing it to fix it up to sell they properties, you know; they doing it because they want to be involved in the City process and City ofMiami Page 40 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 D5.3 06-01031 make their business look more attractive, not only for the business, but for the community -- Commissioner Spence -Jones: Right. Mr. Jones: -- you know, so it's not -- Ms. Gomez -Rodriguez: Well -- Mr. Jones: -- it's a price they have to pay, too. They going to have to pay these -- Commissioner Spence -Jones: Leroy, I got -- Mr. Jones: -- taxes that's going to increase. Chairman Gonzalez: All right. Commissioner Spence -Jones: Leroy, I definitely -- Mr. Jones: Yes. Commissioner Spence -Jones: -- have it, and I -- to me, you made a very good case and a very good point. We're trying to support local businesses in the area, not trying to put them out of business, so if you and Barbara can -- Ms. Gomez -Rodriguez: Let's meet and let's see. Commissioner Spence -Jones: -- definitely sit down and try to work it out and bring back a recommendation. I just want to say that I'm real proud of you guys, and I'm very excited about the Osun project, so Barbara, can you -- Ms. Gomez -Rodriguez: Of course. Commissioner Spence -Jones: -- definitely make -- Ms. Gomez -Rodriguez: Yes. Commissioner Spence -Jones: -- sure you sit down and work out --? Thank you. Mr. Jones: Thank you. Thank you, Commissioner. DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE ON HURRICANE READINESS PLAN . DISCUSSED Direction by Commissioner Spence -Jones to the Administration to develop in the existing Hurricane Readiness Plan a response team or plan for the purpose of aiding senior citizens. Chairman Gonzalez: All right. D5.3. Commissioner Spence -Jones: Yes, Mr. Chairman. Most of this has already been answered, once again, by our City Manager regarding the hurricane readiness issue. I did, officially, get my copy of the City's plan on -- with -- how we deal with hurricanes as they hit us, but my City ofMiami Page 41 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 biggest concern -- and hopefully, the Manager can appoint someone to work along with us -- is our seniors during their time of need. As you know, last year many seniors were really put out by the whole hurricane, so I just would like to make sure that's added in the existing plan that was provided to me is some sort of response team or some sort of response plan for our seniors because, currently, it's not existing in the plan, and I think that it's important to take care of them during that time, so I'd like to find out if we can identify someone to work with us on making sure we have a great plan. OK. Thank you. D5.4 06-01070 DISCUSSION ITEM DISCUSSION REGARDING THE MODEL CITY TRUST. DISCUSSED Chairman Gonzalez: All right. D5.4. Commissioner Spence -Jones: All right. The next one, as you know, when I first came on board, Model City Trust was a big, big issue in my district that I was working on. Today, this morning, I have with me the new chairman of the Model City Trust, Mr. David Chiverton -- if you can stand up, please, and address -- along with the consultant that was brought on board to assist us with the transformation, and just rethinking how the Model City Trust works. I have to say that we've made some great strides. The Model City Ad Hoc Committee, throughout the whole entire Model City area, is working really well, and I mean, we're moving in the right direction, and I just want to have them just give us a brief brief update as to the findings from their report and their analysis. Brian Finney: Good morning. Brian Finney, Platinum Property Management, the consultant for the Model City Trust. Before I give my presen -- my brief presentation, I'd like to thank the representatives from the City, District 5 Commissioner's office, the Model City board, and the Model City board of directors and staff for their support. In a document written to the chairman of the Model Cities, and overviewing [sic] my report, I made a statement on the cover letter, which I'd like to read to you. It start -- it says, while our assessment has been one of detached analysis, we've been a fairly good student of watching this process both formally and informally. There were no major findings, apart from what we have already heard, but we are pleased to have reached the conclusion that the goals, the mission of the Model City Trust district -- the Model City Revitalization Trust are viable and that the organization, with the right leadership, can achieve success. In terms of what we did as a company, our major focus was to look at the operations of the Trust. We reviewed the organizational management, program implementation, and the board procedures. From an organizational management standpoint, we are recommending that its implementation structure be modified, but most importantly, most importantly, we're recommending that a new present [sic] CEO (Chief Executive Officer) be identified that is a strong present [sic] and CEO that would take on the task as assigned to that person by the board and have the skills to implement the new functions. We looked at program implementation. We recommend one significant change. The change being that the Model City program be utilized to facilitate development as opposed to being involved in the development. The current structure they do have is not open to direct development. The skill sets on staff are not adequate for direct development, and we're recommending that we depart from that function, facilitate and work extremely and very closely with the City ofMiami as they begin to improve -- as they begin to implement their programs, and consistent with the interlocal agreement, which is already in place, which is a fantastic agreement. Last, but not least, we ask the Chairman, as well as the Commissioner and the City Manager, to look very closely at filling the vacancies on the board, and bring to the board the type of business skills and acumen required to assist in lead and shepherd the process through, and last but not least, again, most importantly, the operating structure. We need more operating committees. There were three or four operating committees. We need an audit committee. We need a personnel committee. We need, you know, affordable housing City ofMiami Page 42 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 committee; a commercial development committee; enough of these operating committees staffed with board members and interested community residents, so as items are approved, the process is structured, where it's a community -wide process, but efficient in making sure that everybody communicates consistently along this parallel, and we believe, with those changes made, this organization will become realistic and attainable. Commissioner Spence -Jones: Mr. Finney, you have packages also just to provide -- can you just drop them off? Make sure each one of the Commissioners get a copy of the report. Mr. Finney: Shall I provide it to the County -- Commissioner Spence -Jones: Yeah. Mr. Finney: -- City Attorney? Commissioner Spence -Jones: Sure. David Chiverton: Good morning. David Chiverton, chairman of the board of directors, the Model City Trust. We were fortunate to get this report from Mr. Finney, understanding those necessary things that we needed to do to improve the status of the Trust and really build a confidence in the community and with this governing body. I just want to give you some pointers of what we've done in the last six months. We've finally been able to close on five new homes. We have five new homeowners in -- within the Model City boundaries. We have -- by about the end of this -- end of September, we'll have 12 people who would have purchased and closed on homes and are able to move in. In addition to that, we've taken an aggressive approach towards the recommendation of assigning -- confirming a new president and CEO, who's here with us today, Ms. Elaine Black. I just want to say a special thank you to this Commission for its support, the staff and particular, to our Commissioner, Ms. Spence -Jones, and the management, and Community Development, who's really come on board, and since I've become chairman, really helped us understand what the missing links have been and so that we can really improve the way -- I think, by next year this time, our progress report will be a whole lot more people who will have owned homes. We had one lady who had waitened [sic] for about two and a half years. She's closed. She's moving into her home, so we're excited, my colleagues and myself and again, thank you, Commissioner and the City staff. Chairman Gonzalez: All right. Commissioner Spence -Jones: I just want to say, you guys have done a great job, and I'm just really excited that Community Development -- we finally got the Trust and community back -- Community Development back together again. We realize that that resource is a valuable resource to our community, and I just want to thank Barbara for helping us get through those rough periods. This is probably one of the toughest items, Mr. Chairman, that I've had to deal with since I've been on board, and it has not been easy. As you know, we have an audit that's going to be coming up real soon, and our auditor's here, regarding that to kind of deal with the issues, butl look forward to coming back in July with a new proposed plan as to what we're going to do with the Trust, but wanted to officially thank also my City Manager for just really sticking in there with me and making sure that we were able to get things done for the folks in Model City, and we're welcoming a new young lady that's coming from New Orleans that will work hand -in -hand with us from economic -- over Economic Development that will also be a very great asset to the Trust in doing economic development -related projects, so I just want to say thank you. D5.5 06-01072 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 43 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 ATTACHMENT(S), APPROVING THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST'S ("TRUST") APPOINTMENT OF ELAINE BLACK AS THE PRESIDENT/CHIEF EXECUTIVE OFFICER OF THE TRUST, EFFECTIVE JULY 5, 2006, WITH OTHER TERMS AND CONDITIONS OF EMPLOYMENT AGREED UPON BY THE TRUST. Motion by Commissioner Spence -Jones, seconded by Commissioner Haskins, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Haskins and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado R-06-0391 Chairman Gonzalez: All right. D5.5. Commissioner Spence -Jones: OK. I'm going to do this real fast. This is -- again, as in their report, we talked about a new director that was being brought on board. We're -- she's no stranger to us. She's somebody that's been in the struggle for a long time in the Model City/Liberty City area trying to make a difference. She's joining us today. I'd like to read the resolution regarding accepting the recommendation by the board accepting Elaine Black as the new president and CEO (Chief Executive Officer) of the Trust, effective date July 5, with other terms and conditions of employment agreed upon by the Trust. I believe that the City Attorney -- Mr. City Attorney, Kirk Menendez, is preparing -- Jorge L. Fernandez (City Attorney): Yes. We have prepared, pursuant to the decisions made by the Trust. The conditions that are being referred to are salary, and it's been determined -- and the City Commission would need to concur and approve on that -- that it would be no greater than $85, 000 annually; that there will be a cell phone allowance of $200 per month, and a car allowance of $250 per month. Those are the basic benefits. Any other benefit would be ancillary and small, but in essence, the resolution should contemplate those amounts already specified for your consideration. Commissioner Spence -Jones: The only thing that I would like to add on that, as you know, Mr. Chairman, as far as the Trust is concerned, one of the things I've been looking at, along with Larry from Budget, is really looking at the budget as we move ahead regarding the Model City Trust, and that is one of the major adjustments that we wanted to make, was the amount of money that we were spending regarding staffing and making sure that the Trust runs properly. The only thing that I would suggest on this is, as they negotiate, Mr. Chairman and consultant with our new CEO, that we also -- and I've already mentioned this to Kirk -- is that we also work in this whole project, in an employment package that would also include benefits for the president and CEO. Chairman Gonzalez: All right. Do we hear a motion on the --? We have a resolution here. Commissioner Spence -Jones: OK. I move it. Chairman Gonzalez: All right. We have a motion -- Commissioner Haskins: Second. Chairman Gonzalez: -- and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City ofMiami Page 44 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Priscilla A. Thompson (City Clerk): I'd just like to make sure -- Chairman, I'm sorry. Chair, just for the record, I was handed a substitute attachment, and I wanted to make sure if that is correct, and then does that modify your resolution? Mr. Fernandez: Does it say attachment 8? Ms. Thompson: Yes. Chairman Gonzalez: Right. Mr. Fernandez: Yes, it is. Ms. Thompson: So it's a modified resolution. Mr. Fernandez: Which is, in essence -- Chairman Gonzalez: As amended. Mr. Fernandez: -- what read into the record. Ms. Thompson: Thank you. Chairman Gonzalez: As modified. Mr. Fernandez: Correct. Ms. Thompson: Correct. D5.6 06-01073 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO FENCE CITY OF MIAMI OWNED LOTS TO PREVENT SUCH LOTS FROM VIOLATING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS STATED HEREIN. Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0392 Chairman Gonzalez: All right. D5.6. Commissioner Spence -Jones: And this is the last thing. As you know, since I've been on board, it's all I've been talking about, is lots, lots, lots, and I know I'm driving everybody crazy about these lots, butl think someone from Code Enforcement should be here regarding it, but my biggest issue, as I said, Mr. Chairman, before, I have so many abandoned lots throughout my whole entire district, and the number of crimes and drugs and all of the things that are associated with those lots have become a true problem, and I really don't -- I mean, I have a issue with private -owned lots being that way, but my biggest issue is if they're City lots, we need to be taking care of them. Just last week in Overtown, a City -owned lot -- I was called by a 71 year- old senior to come visit their house, and as soon as I got to that lot, I saw at least ten, twelve addicts running, you know, from that lot, our City -owned lot, and you know, seniors and community people that are trying to live their lives the right way should not have to be put in a City ofMiami Page 45 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 situation where they're in a bad environment, and especially if this is City -owned lots, and I do understand that there's a cost associated with fencing all the lots; that's not what I'm asking for today. I'm asking that we address only the lots -- and I think it's only about six of them -- that have become continuous problems. While I do understand that a fence is not going to totally stop everything that's going on, but it will detour some of the activity that's taking place, and our citizens should not have to endure this kind of activity that's taking place, so I believe there are six lots, correct, Mr. City Attorney? Jorge L. Fernandez (City Attorney): Yes, that's my understanding, and this resolution only deals with City -owned lot. Commissioner Spence -Jones: Yes. Mr. Fernandez: Anything relative to private lots will be the subject of a future amendment to the Code enforcement ordinance, and we will work that in in future meetings. Vice Chairman Sanchez: There's a motion? Chairman Gonzalez: All right. Commissioner Spence -Jones: So move. Chairman Gonzalez: Do I hear a motion? Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second. Discussion. Vice Chairman Sanchez: Discussion on the item. I've always been a believer that you got to police yourself before you police others, and this is a quality of life issue. I'm glad to see that it's been brought down to six, because I had some concerns with -- of course, fencing all City properties would have been -- Commissioner Spence -Jones: An issue. Vice Chairman Sanchez: -- a big issue; a lot of money towards that, but I could understand the concern that the Commissioner has, and therefore, I support the legislation, and it's all about quality of life in neighborhoods, so Commissioner, praise you for your efforts to improve the quality of life in your district. Commissioner Spence -Jones: Thank you, Commissioner Sanchez. Joe Arriola (City Manager): Well, if you -- let me say this, because I have spoken to Commissioner Spence -Jones about this. A fence is not going to avoid what you're having there now. What you have is people that don't give a hoop about their neighborhood and just do a lot of dumping. What you're doing is you're really -- you're spending 40, $50,000 and not going to avoid the problem. You're going to make it harder to be cleaned up. You're going to make it harder to maintain. I mean, I'm totally -- I want you to know, the -- my people and myself -- I'm totally opposed to putting fences. I think it's a total waste of time and money. You will not avoid the illegal dumping just because you have a fence. People have to care about their neighborhood. I've seen this -- and Commissioner Gonzalez, you and I have been through neighborhoods where we just put brand-new streets, brand-new pavement, and then the next City ofMiami Page 46 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 day, everybody's dumping the same thing. A fence is not going to keep it away. As a matter of fact, what a fence is going to do is going to make it harder for us to clean it up. We could do a maintenance program. We could do anything you want, but if you think a fence is going to keep the illegal dumping, you're nuts, you're nuts. As a matter of fact, before you know it, the fence is going to be run over, and we're going to be picking up the fence. I mean, that's my opinion, and that's been my experience here in four years. Vice Chairman Sanchez: And Mr. City Manager -- Arriola: I mean, this is absolutely my experience on every -- being out there everyday. Every time we put something up -- I mean, it's basically the same thing. Who do you think kill those palm trees? And you and I have been out there, Commissioner Gonzalez. Chairman Gonzalez: Right. Mr. Arriola: Who killed the palm trees out there that they --? It was nobody else than the darn truckers backing up into those palm trees and destroying the palm trees because people don't care. You want to do a better program of cleaning up City lots and all that, I'm all for that, but putting fences, I'm telling you, you're wasting your money. As a matter of fact, what you're basically doing is you're going to make it harder for the people to clean it up. The proof is in the pudding. In six months, this fence is going to be in the ground, and you just blew 50 grand. Chairman Gonzalez: That's right. Commissioner Spence -Jones: OK. With all due respect, if you don't mind me, Mr. Chairman -- Chairman Gonzalez: Yes, you're recognized. Commissioner Spence -Jones: -- addressing the City Manager on that, and I do respect your opinion about it, and if we even look at the issue of illegal dumping, I'm going to just say from my district's perspective, the comment around the people not caring about illegal dumping or them dumping in their own neighborhoods is really not true, because most of the dumping that takes place in our neighborhood comes from people coming from outside of our neighborhoods to dump, so that's where a lot of the dumping comes from. Mr. Arriola: Commissioner, I am -- Commissioner Spence -Jones: I allowed for you to speak, so I'd like to have the opportunity to speak also. While I do understand the fiscal impact of doing this -- and the issue for me, as I stated in the very beginning, was not necessarily centered around just dumping. It was centered around creating the detour from people -- detouring people from wanting to do drugs and do those type of activities in those -- on those lots, and that's the issue. It's not necessarily about illegal dumping. It's about crimes that are being created or committed, I should say, on City -owned lots. Now, if we cleaned our lots, I wouldn't have an issue with it, but that's not happening, so that's the reason why I'm having a issue with it, and I just explained to you that 70 year old man living in Overtown for me to come as a constituent -- me go visit them and they tell me that they're having a issue, and as soon as I arrive there, there's 12, 13 drug addicts running out of a City lot right next to the house. They've been there since 1921, not bothering anybody, trying to keep their property clean, and ours next to it is not in the same condition. Now, I don't mind having a maintenance plan on it. I think we do need to have a maintenance plans, but in the meantime -- because we got people that are on those lots doing drugs, needles -- kids walking through these lots. Now, we either pay $40, 000 now or we pay $40 million later, so the issue for me is -- City ofMiami Page 47 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Mr. Arriola: But you're -- Commissioner Spence -Jones: -- we need to address the issue of at least creating the detour. Mr. Arriola: -- but absolutely -- you're absolutely wrong, because that fence is not going to be there in a month. The people that go there and jump that -- they're going to jump that fence; they're going to destroy that fence, and I will tell you something. Do not believe that the dumping in this City comes from the outside. I'd love to say that, but I will tell you, the dumping come from the neighborhoods, and any Commissioner here that's gone to any of their district -- that Commissioner Sanchez, Commissioner Gonzalez, Commissioner Regalado, and - - not you, but you've been with me -- people in this City -- I'm not saying a lot, but a great deal don't care. We fix those streets. We pick up the garbage, and the next day, the next day, it's -- the dumping is all over the place. I guarantee you, it doesn't happen in other place. We do a great job cleaning up. We do a great job cleaning our own streets. We go all over to do it, but fencing is not going to save it. As a matter offact, those drug addicts are going to be more isolated and more protected by having a fencing in there. This is not an outside problem. This is an inside problem that our own neighborhoods don't -- do not care enough about our neighborhoods -- Commissioner Spence -Jones: Mr. City Manager -- Mr. Arriola: -- and I proved it -- Commissioner Haskins: May I --? Commissioner Spence -Jones: I think that's a pretty -- Mr. Arriola: -- to everybody. Commissioner Spence -Jones: -- strong statement -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- because I know many -- Mr. Arriola: And it's a very strong statement, but it's the truth. Commissioner Spence -Jones: -- residents in the Model City areas do care about where they live, and they're not dumping in the area, and many people that are coming to dump in those areas are coming from other communities to dump. Mr. Arriola: I'm sorry. Commissioner Spence -Jones: Now -- well -- Mr. Arriola: A lot of the dumping's done -- Commissioner Spence -Jones: -- I'm sorry, too, and -- Mr. Arriola: -- internally, and I proved it. Commissioner Spence -Jones: -- I'm going to ask Mr. Chairman -- Chairman Gonzalez: All right. City ofMiami Page 48 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Commissioner Spence -Jones: -- I'm going to ask Mr. Chairman -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- to -- and my colleagues on the dais to support me on this issue. Chairman Gonzalez: All right. Commissioner Spence -Jones: Now it's $40, 000 now or $40 million later -- Commissioner Haskins: Mr. Chairman, may I speak? Mr. Arriola: It's not -- Commissioner Spence -Jones: -- catching a lawsuit. Mr. Arriola: -- going to be $40 million. Commissioner Spence -Jones: Catching a lawsuit. Commissioner Haskins: Mr. Chairman, may I speak? Chairman Gonzalez: All right. Mr. Arriola: Where? Chairman Gonzalez: Mr. Manager -- Commissioner Haskins: Mr. Chairman, may I speak? Chairman Gonzalez: -- Mr. Manager. All right. Commissioner Haskins. Commissioner Haskins: The way I read the resolution is -- and I think this is still the resolution -- that we're first asking the Administration to maintain the lots, to bring them up to standards, which includes keeping the grass no higher than a certain level, keeping garbage off the lot, and that is the first item, and only if that is not done, you're asking for fences, is that correct? Commissioner Spence -Jones: I -- exactly, and -- Commissioner Haskins: OK -- Commissioner Spence -Jones: -- I don't even think -- Commissioner Haskins: -- so I think that -- Commissioner Spence -Jones: -- that's a big issue. Commissioner Haskins: -- what we're doing here -- I'm sorry; I don't mean to interrupt you, but I think what we're doing here is arguing over an issue that I don't think is there, because what you're asking for is the same thing I hear the City Manager saying that we have a maintenance program, and what you're asking -- because you've had -- you've been disappointed that there hasn't been a maintenance program. As your last resort, put the fence on, so on that basis, I have no problem with this. I understand the Administration's position, that they have concerns City ofMiami Page 49 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 about the fences, but if the City Manager and the Administration is saying they will maintain, and that's what your resolution is saying, first maintain, and second -- last resort is the fence -- Vice Chairman Sanchez: Fencing. Commissioner Haskins: -- I'm in support of this. Commissioner Spence -Jones: Right, and let me just add on this -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- because -- I'm sorry -- Chairman Gonzalez: We have a motion. Commissioner Spence -Jones: -- but I want to just make sure that I'm really clear on it. Yes, Commissioner Haskins, I am stating that also, but I've asked for the six lots that I know that I've had problems on over the last seven months that there's an issue on, so I'd like to make sure that those lots get addressed and any future lots, we look at doing that, but let's address the lots that constituents and residents are complaining about, that they're having issues about. It was the Police Department or the police officers that actually told me that, Commissioner Spence -Jones, you're right. If you put a fence up there, it would at least stop people from going there, because people will get the idea that they're trespassing because the fence is there. Now -- right now people don't realize or understand that, so that was a recommendation that was made to me by the Police Department to do that. Chairman Gonzalez: All right. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: I remember many years ago the deputy chief of the City ofMiami Police Department, Frank Fernandez, was the commander of the Coral Way area, and we went to Bryan Park, and Bryan Park was a place that became a no-man's-land, and Bryan Park was an open park, and on Saturday morning, Frank and I went there and found needles and all kind of broken beer bottles and all that, and the first thing that the commander recommended was to fence the park, and at that time there weren't any money from the bonds and all that. That was back in '97/'98, and we fence the park. I remember it cost $69, 000, and from that moment on, it became a good park. This is on the issue of the fence. The fence may not avoid the dumping, but it sure will deter people from dumping, and the second issue is illegal dumping. I don't know how one can determine that every illegal dumping is being done by your next door neighbor. It is impossible. Sometimes the Solid Waste Department goes and try to dig into, or whatever, and find an envelope with a address, but sometime it doesn't. As I was going to my early morning work in the radio station, around 4 a.m., there is an issue of an abandoned shopping center on 37th Avenue and 16th Street, which supposed to be demolished to become a new project, and about that time, there was a pick-up truck dumping tires in the alley next to the shopping center. Chairman Gonzalez: Did you call the cops? Commissioner Regalado: I did call. I could not get the tag of the pick-up truck that really sped away, but there were tires. Those tires did not belong to the next door neighbor. They weren't placed there by members of the community of Coral Gate or Shenandoah. That was City ofMiami Page 50 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 someone that got paid that saw the opportunity, so there is a lot of illegal dumping, and the reason that there is a lot of illegal dumping is because if you're going to -- you have people that do advertise, '7 remove debris," and if you want to remove those debris and bring it to the County dump, you have to pay $250, if there is construction material, so they make the money and they dump it on us. It is illegal dumping. It is a outside problem more than inside problem, and so much so that the Police Department has a special unit looking for illegal dumping. Mind you, I remember in Allapattah, somebody dumped a boat, a huge boat. I mean, is that a neighbor? So it is -- I think, to speak very lightly about laying blame on the residents is not the right thing, because you know, if we're fatalists, there's nothing we can do about it, but remember the Commissioner doing this same kind of exercise at the CRA (Community Redevelopment Agency) meeting, and the CRA push it back to the City, and the City push it back to the CRA, and Michelle has been with this issue for more than seven month, thatl can remember, and I do remember because I can remember quotes and dates, so -- I mean, if nothing happen, I would say go for the fence, and then start working and preparing the maintenance program, so that's all I can say. Chairman Gonzalez: All right. We have a motion and we -- Commissioner Spence -Jones: Thank you. Chairman Gonzalez: -- have a second. Vice Chairman Sanchez: Call the question. Chairman Gonzalez: I think we have heard enough about fences. I mean, we have, you know -- we have -- probably at this point have fenced half of the City ofMiami. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. City ofMiami Page 51 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 PUBLIC HEARING PH.1 06-00983 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Fire Rescue (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 PROCUREMENT OF DEFIBRILLATOR/MONITORS, ACCESSORIES AND EQUIPMENT MAINTENANCE SERVICES, FROM MEDTRONIC EMERGENCY RESPONSE SYSTEMS, INC., THE SOLE SOURCE PROVIDER, ON AN AS -NEEDED CONTRACT BASIS, FOR A ONE-YEAR PERIOD; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT; AUTHORIZING SAID PURCHASES AS NEEDED, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 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, Haskins, Sanchez, Regalado and Spence -Jones R-06-0393 Chairman Gonzalez: We're going to go into the public hearings. We have PH.1. It's a resolution. Mr. Glenn Marcos. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: This is the item that -- huh? -- I spoke about, you know, where we will be approving a global contract, and then you will never come back to this Commission to get approval on the subsequent contracts, so you're recognized. Glenn Marcos: Thank you, Commissioner. Glenn Marcos, Purchasing director. This is a sole source purchase of the Medtronic defibrillators. What you have in front of you is a sole source that has been in front of the City Commission on four previous occasions, and as long as the Fire Department continues to have the Medtronics within the Fire Department, in order for them to buy the actual parts and accessories, it has to be a sole source. What we're trying to do here is create the efficiencies that you all have pretty much guided the Administration to create in which we don't have to, on a repeated basis, bring back the same items that is a no-brainer. This is a no-brainer that as long -- Chairman Gonzalez: But that -- at least to me, that's not a problem. That's what I'm getting paid for, as all my colleagues. We're getting paid to be here -- Commissioner Regalado: Yeah -- Chairman Gonzalez: -- and listen to you -- Commissioner Regalado: -- and to make a decision. Chairman Gonzalez: -- every time you come here with the same item. You know, it's no problem. We like to see you, so -- but I also like to approve every single -- City ofMiami Page 52 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Vice Chairman Sanchez: With a no-brainer. Chairman Gonzalez: -- contract. Commissioner Regalado: You can resolve PZ (Planning & Zoning) items. It's worse -- Chairman Gonzalez: Exactly. Commissioner Regalado: -- than this. Chairman Gonzalez: All right. Do I hear -- Commissioner Regalado: Six month -- Chairman Gonzalez: -- any motion? Commissioner Regalado: -- coming back with a certain amount, and you know, if there is a sole source need, there is a -- Vice Chairman Sanchez: But in all fairness, let's make it a year. It is items that people could save lives. I'm all in favor -- Commissioner Regalado: No, no, no, no, no. The item is not a discussion. It's the way -- Chairman Gonzalez: The way. Commissioner Regalado: -- that they said, well -- Commissioner Regalado: The procurement. Commissioner Regalado: -- we can now do whatever. Vice Chairman Sanchez: The issue that we all have a problem -- and I think that so far three Commissioners have a problem, including myself is on the procurement, that we're giving them a blank -- in other words, from now on, as long as the Fire Department has it in their budget, then -- Chairman Gonzalez: Yeah. Vice Chairman Sanchez: -- they could go ahead and order as they please, and right now, this may be -- Mr. Marcos: Commissioner. Vice Chairman Sanchez: -- the only company -- Mr. Marcos: With one -- Vice Chairman Sanchez: -- but a month from now, they may not be the only company. Chairman Gonzalez: And let me tell you. Mr. Marcos: That is correct, and that's why within the actual resolution, we have -- we've City ofMiami Page 53 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 addressed that same issue. I have the same issue with that interview. If you look at the actual resolution, it says that upon market research, as long as the actual market yields that this is a sole source, we will end up continuing to buy this as a sole source, but the moment that we find out that this is no longer a sole source, we're going to end up opening this thing out for competitive bids, and that is within the resolution, if you -- Vice Chairman Sanchez: Well, I'm prepared to support it on a yearly basis -- Commissioner Regalado: So you have a year. Vice Chairman Sanchez: -- that it comes back to us. Commissioner Regalado: So you have a year. Mr. Marcos: Yes. Commissioner Regalado: Exactly one year to do that. Vice Chairman Sanchez: All right. You make the motion, Commissioner Regalado; I will second it. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye. The Commission (Collectively): Aye. Chairman Gonzalez: All opposed have the same right. OK. EM (Emergency) -- Jorge L. Fernandez (City Attorney): That was -- Mr. Chairman. Chairman Gonzalez: I'm sorry. It was a public hearing. I'm sorry. It's a public hearing. Anyone from the public that wants to address this item, please come forward. All right. Seeing Vice Chairman Sanchez: Also, Madam Clerk, it requires a four fifth roll call. Chairman Gonzalez: -- none and hearing none, the public hearing is closed. Vice Chairman Sanchez: Roll call. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): It's actually just a four fifth vote. Before we even take the roll call, I want to make sure whether or not that statement now modifies your resolution? Commissioner Regalado: Yes. Vice Chairman Sanchez: Abs -- Chairman Gonzalez: Yes. Mr. Fernandez: Yes, it does. It clearly makes it a one-year period. Chairman Gonzalez: One-year -- City ofMiami Page 54 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Ms. Thompson: Thank you. Chairman Gonzalez: -- period. Mr. Fernandez: And what's interesting about that -- and perhaps Mr. Marco didn't -- Glenn didn't finish explaining it. It's all within the budget cycle, because it's driven by whatever is appropriated to that department's budget, and that's in a yearly cyclical basis, but to make it clear, the resolution would be amended to reflect that the Commission specifically requested that it be on a one-year cycle. Ms. Thompson: Right, and Commissioners -- Chairman Gonzalez: Very well. Ms. Thompson: -- and because I have a new Commissioner, I go through that simply because with our Legistar program, we are very explicit about what happened, and it shows that the resolution was modified; it'll show that, so that's why we always want to make sure. Mr. Fernandez: Certainly. Ms. Thompson: Thank you. Mr. Fernandez: Ms. Chiaro will follow up with you on that. Chairman Gonzalez: All right. Roll call, please. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: Thank you. City ofMiami Page 55 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 EM.1 06-01033 Department of Economic Development ORDINANCE - EMERGENCY ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 56/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "TAXATION/AD VALOREM TAX EXEMPTION FOR ENTERPRISE ZONE BUSINESSES," BY DELETING THE REFERENCE TO THE CITY OF MIAMI'S ECONOMIC DEVELOPMENT FINANCE AUTHORITY AND REPLACING IT WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT; MORE PARTICULARLY BY AMENDING SECTIONS 56-111, 56-114, 56-116, 56-117, 56-119 AND 56-120; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Commissioner Spence -Jones, seconded by Commissioner Haskins, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez 12814 Chairman Gonzalez: EM.1. Anyone here from the Administration on EM.1? Lisa Mazique (Director, Economic Development): Good morning, Commissioners. Chairman Gonzalez: Good morning. Ms. Mazique: I'd like to -- Mr. Chairman, Commissioners, I'd like to introduce myself as Lisa Mazique. I am the director of Economic Development. Chairman Gonzalez: All right. Ms. Mazique: I have met the other Commissioners. I've not had the pleasure -- Priscilla A. Thompson (City Clerk): I'm sorry. Ms. Mazique: -- good morning. Ms. Thompson: We didn't get that name. Ms. Mazique: Lisa Mazique. Ms. Thompson: Thank you. Ms. Mazique: My pleasure, Madam Clerk. Today we do have an item here. It is a amendment to the ad valorem tax law in the City ofMiami. The current law has provided that the Economic Development Finance Authority approved applications. However, the entity, as I appreciate, is defunct. The Department had been working to change this, and this is what we're requesting today. The emergency is we have probably 12 businesses that stand to benefit from this change, and we would like to appreciate your consideration for the removal of this particular entity and replacing it with the Department of Economic Development. City ofMiami Page 56 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Chairman Gonzalez: This is a no-brainer, so do I hear a motion? Commissioner Spence -Jones: So moved. Chairman Gonzalez: We have a motion. Commissioner Haskins: Second. Chairman Gonzalez: We have a second. It's an ordinance. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes -- Chairman Gonzalez: Is this also a public hearing? Mr. Fernandez: -- it's an ordinance. Ms. Thompson: Yes, yes. Public hearing. 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. Mr. City Attorney. Mr. Fernandez: Yes. The Ordinance was read by title into the public record by the 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. Chairman Gonzalez: Very well. City ofMiami Page 57 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 RESOLUTIONS RE.1 06-00986 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE LOCALLY Improvement FUNDED JOINT PARTICIPATION AGREEMENT AND MEMORANDUM OF Programs/Transpor AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION tation ("FDOT") AND THE FLORIDA DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF TREASURY ("TREASURY"), PURSUANT TO RESOLUTION NO. 05-0719, ADOPTED DECEMBER 15, 2005, FOR ADDITIONAL WORK NECESSARY FOR THE STREETSCAPE IMPROVEMENTS ALONG NORTHEAST 2ND AVENUE FROM NORTHEAST 13TH STREET TO NORTHEAST 14TH STREET, MIAMI, FLORIDA, AS PART OF CAPITAL IMPROVEMENT PROJECT NO. B-30361 "PAC SUPER BLOCK STREETSCAPE PROJECT," IN AN AMOUNT NOT TO EXCEED $26,144.65, INCREASING THE AGREEMENT FROM $264,525 TO $290,669.65; ALLOCATING FUNDS, FOR SAID INCREASE, FROM THE COMMUNITY REDEVELOPMENT AGENCY OMNI TAX INCREMENT FUND, ENTITLED "CONSTRUCTION IN PROGRESS," ACCOUNT CODE NO. 686001.590320.6.860; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; AUTHORIZING PAYMENT TO THE TREASURY ON BEHALF OF FDOT; AMENDING RESOLUTION NO. 05-0719, TO REFLECT SAID INCREASE. Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0394 Chairman Gonzalez: RE.1. Good morning, Mary. Mary Conway (Director): Mary Conway, Capital Improvements & Transportation. RE.1 is a resolution authorizing an increase to a joint participation agreement between the City and the Department of Transportation that was already approved by this Commission, that is being funded through CRA (Community Redevelopment Agency) -- Omni/CRA monies for improvements to Northeast 2nd Avenue, between 13 and 14 Street, as part of the Performing Arts Center Super Block work. Commissioner Spence -Jones: So moved. Chairman Gonzalez: All right. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion and we have a second. Discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 58 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 RE.2 06-00988 Department of Capital Improvement Programs/Transpor tation Chairman Gonzalez: Those opposed have the same right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONSTRUCTION CONTRACT WITH WILLIAMS PAVING CO. INC., PURSUANT TO RESOLUTION NO. 04-0747, ADOPTED NOVEMBER 18, 2004, FOR THE PROJECT ENTITLED "NORTHWEST 14 STREET IMPROVEMENTS, B-50686," IN AN AMOUNT NOT TO EXCEED $388,526, FOR ADDITIONAL NECESSARY WORK, INCREASING THE CONSTRUCTION CONTRACT FROM $1,936,116 TO $2,324,642; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-50686, FOR SAID INCREASE; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; AMENDING RESOLUTION NO. 04-0747, TO REFLECT SAID INCREASE. Motion by Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0395 Chairman Gonzalez: RE.2. Mary Conway (Director, Capital Improvements & Transportation): RE. 2 is a resolution authorizing an increase in the construction contract with Williams Paving to add additional work associated with turf block and landscape along 26Avenue, at the request of the Chairman, on behalf of his constituency. Chairman Gonzalez: Move RE. 2. Commissioner Regalado: Second. Commissioner Haskins: Second. Vice Chairman Sanchez: All right. There is a motion on RE.2. There's a second. Motion is made by the Chair, second by Commissioner Regalado. Commissioner Spence -Jones: I just have a -- Vice Chairman Sanchez: The item is under discussion. Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: Yeah. Mary, I just wanted to just ask you one quick question. The Super Block project is going really well. I know in our last CRA (Community Redevelopment Agency)/Capital Improvement meetings, one of the recommendations that came from the citizens was to include that little small section on 14th Street, between 3rd Avenue and -- what is it, 3rdAvenue and 2ndAvenue? Ms. Conway: And the railroad tracks -- Commissioner Spence -Jones: The little -- City ofMiami Page 59 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 RE.3 06-00991 Department of Capital Improvement Programs/Transpor tation Ms. Conway: -- and the FEC (Florida East Coast) -- Commissioner Spence -Jones: -- yeah, the little -- Ms. Conway: -- tracks. Commissioner Spence -Jones: Yeah, because my concern at that particular time is I didn't want people to get the -- constituents to get the viewpoint or feeling that once it got to the railroad tracks and it entered into the Overtown area, that everything stopped at that point, and I know in that meet -- I just want to -- I don't know if this includes that. Does this include this, at all? Ms. Conway: No, not as part of this item, because this is addressing CRA funding that will be going from the City to the Department of Transportation because they are constructing Northeast 2nd Avenue and doing a two-way conversion project -- Commissioner Spence -Jones: OK. Ms. Conway: -- on behalf of the County and the Performing Arts Center, and what this agreement is for is strictly the decorative lighting and the pavers -- Commissioner Spence -Jones: OK. Ms. Conway: -- associated with 2nd Avenue. However, what I committed to you that we would do is in the capital plan that we will bring before the Commission in March of next year, that we will include Northwest 14th Street, that several block section, so that we have continuity to the 3rdAvenue Business Corridor. Commissioner Spence -Jones: Thank you very much. Chairman Gonzalez: All right. Vice Chairman Sanchez: All right. Any further discussion on the item? It is a resolution, not requiring a public hearing. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXERCISE THE CITY OF MIAMI'S FIRST OF FIVE OPTIONS TO RENEW THE PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC., PURSUANT TO RESOLUTION NO. 05-0534, ADOPTED SEPTEMBER 8, 2005, TO CONTINUE TO PROVIDE PROFESSIONAL PROGRAM MANAGEMENT SERVICES FOR THE CAPITAL AND TRANSPORTATION IMPROVEMENT PROGRAM AND SPECIALTY SERVICES, AS DESCRIBED IN "ATTACHMENT 1," ATTACHED AND INCORPORATED, AS NEEDED FOR AN ADDITIONAL ONE-YEAR PERIOD, IN AN AMOUNT NOT TO EXCEED $6,029,882.28, CONSISTING OF $5,033,131.91, FOR PRIMARY PROGRAM MANAGEMENT SERVICES, PLUS $996,750.37, FOR THE MIAMI STREETCAR PROJECT; ALLOCATING FUNDS FROM VARIOUS CAPITAL City ofMiami Page 60 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 PROJECT ACCOUNTS, SUBJECT TO BUDGETARY APPROVAL. Motion by Commissioner Haskins, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Haskins and Spence -Jones Noes: 1 - Commissioner Sanchez Absent: 1 - Commissioner Regalado R-06-0396 Direction by Commissioner Haskins to the Administration to provide the City Commission with updates to monitor the progess and setbacks of capital improvement projects. Vice Chairman Sanchez: And we move on to RE.3. Mary Conway (Director, Capital Improvements & Transportation): RE (Resolution) -- Vice Chairman Sanchez: RE.3 is also a resolution. Ms. Conway: Yes. RE.3 is a resolution requesting City Commission approval for the first one-year option for professional program management services with HDR Engineering in support of the City's capital plan delivery, as well as program management services for the Streetcar Project. Commissioner Regalado: Mr. Chairman. Is this five millions for one year? Ms. Conway: Yes, it is. Commissioner Regalado: And where is that money coming from? Ms. Conway: The money is coming from the administrative fees that are charged to capital projects, as well as a general fund contribution that supports the CIP (Capital Improvements Program) office administration. Commissioner Regalado: OK, but we don't have that much money for curbs or sidewalk coming from the different sources, even from general fund, right? Ms. Conway: At the level of $5 million for curbs and sidewalks, no, we don't. We were able to put in, I believe, an additional 3 or $500, 000 in your district for curbs and sidewalks. This money is to support the delivery of the 100, $150 million worth of projects that we have either in construction or design. Commissioner Regalado: But this is only for one year -- Ms. Conway: Yes. Commissioner Regalado: -- so we're paying at the tune of five millions to six million for just managing the program. I just want to understand that. Ms. Conway: For administrative support costs, that's correct. Commissioner Regalado: For how many projects, because these are not the $150 million at the same time? Ms. Conway: To distinguish the number of projects, we have City staff who are working on the City ofMiami Page 61 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 delivery of the capital program, and we also have program management staff that are working on the delivery of the program in support of City staff. We don't necessarily have projects that are assigned to one or the other. If we're talking about for project management, we do. If we're talking about construction management -- in the case of project management, the City has more in-house resources, so we only have one or two project managers through this contract assisting City staff. On the construction management side, it's the reverse. We have much less staff in-house, and we rely on this contract much more to provide construction management, so it's not necessarily broken down on a project -by -project basis, but on a function, depending on the staffing that we have internally versus the supplemental staffing that we need. Commissioner Regalado: OK. Vice Chairman Sanchez: Mr. City Attorney, you're recognized. Jorge L. Fernandez (City Attorney): Not on this item, Mr. Chairman. You should conclude your discussion on this item. I need to speak briefly after you finish this item. Vice Chairman Sanchez: Commissioner Spence -Jones, you're recognized for discussion. Commissioner Spence -Jones: Yes, and I'm -- I want to say that, Mary and Gary kind of cleared up a lot of issues for me yesterday, and the City Manager, regarding this whole HDR contract, because in the beginning, I had huge, big concerns about it, but do want to make sure at least I put them on the record so that at least we're all on the same page about the direction we're going in. For me, the $6 million, once you broke it down over -- you know, compared to $100 million worth of program -- I mean, projects that are taking place, you know, it makes sense to have somebody on the outside that is going to really focus on making sure those projects get completed, so on that end, I don't really have a big issue on the amount of money regards to the number of projects that we're getting done. Not to mention, Mary, your team has done an outstanding job. I think the last Commission meeting, we even -- you came and gave us a report on how many projects moved so quickly because of it, so it's not really about the -- whether or not the projects are getting done from that perspective. I just want to make sure -- because I personally had some incidents within my district where there's key things that wanted to make sure happen regarding the small businesses or small contractors who are involved in projects within my district, and that was not happen. I know that I've called you on several mornings -- 8 o'clock in the morning, 9 o'clock in the morning, people out working -- and saying, Mary, you know, what's going on with the small businesses? But really want to make sure that you put it on the record for me this morning -- this afternoon, letting me know at least how we're going to address that issue, because that is a big concern, and then last but not least, I know that get countless number of phone calls regarding parks within my district and regarding capital improvement -related issues, and you cleared up some of those today regarding one of the parks, which was Gibson Park, which I understand was not really managed up under this process, which I'm glad that you explained that, butl think that it's really important for the citizens to at least know, because I know you're tired of going to meetings after meetings and kind of getting beat up regarding the issue because the parks are not moving in certain communities, i.e. Overtown, i.e. Gibson Park, so I just want you to at least clear up those two things so that at least we have a clear understanding of where we are, because if this group is from now on going to be responsible for these type of projects, I think that it -- they need to be sensitive to the issues. Ms. Conway: Certainly. Chairman Gonzalez: All right. City ofMiami Page 62 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Ms. Conway: Regarding the first issue, we have had some success with our outreach efforts to bring local firms, small disadvantaged businesses, and minority -owned businesses onto our program as -- either as direct contractors or subcontractors, but not the level of success that we would have liked to have seen. As a result, part of the team that will be through this contract that is before you today will include a subconsultant to specifically assist in that regard, and we anticipate that we'll have more successful results when we come before the Commission six months, twelve months from now. Regarding the park -- and it's very unfortunate in Gibson Park that we've had delays. There was a decision -- there was a desire to start those improvements, and I think it came from a noble intent, but didn't necessarily work out at the end of the day. The intent was to start the improvements in that park as quickly as possible, and the project was broken into two phases. The first phase those efforts began. There were some issues that then came up with storms, with permits that had lapsed. The phase I of the project is now completed. Phase II is ready to begin, but based on the Parks Director's input and a desire not to disrupt the summer programs that are taking place at Gibson Park, we will not start the phase II construction until the summer programs have completed. There were also some concerns in that park associated with storm damage that happened to the pool fence. The Parks Department is addressing that directly, and there are actually people on -site today who are working on the repairs to the fence, and that work should be completed within the next couple weeks. Commissioner Spence -Jones: OK, because my biggest issue is just making sure if we say that we're going to do something from that perspective, and if a company's hired to provide those services, we need to make sure that -- Ms. Conway: We get it done. Commissioner Spence -Jones: -- it's getting done, so on -- just so that I'm real clear, so we are going to bring the contractors' resource center on to work along with you to help identify those type of small businesses to make sure that gets done? Ms. Conway: Yes, and we've already initiated those conversations. Commissioner Spence -Jones: OK. Thank you very much. Chairman Gonzalez: All right. Commissioner Regalado. Vice Chair Regalado. I'm sorry. Vice Chair Sanchez. Vice Chairman Sanchez: It's one of those days. Chairman Gonzalez: One of those days. Vice Chairman Sanchez: Thank you, Mr. Chair. Let's start with a little bit of history on this. I think, last year your department came to us with a contract for more than -- it was $36 million for HDR, and one vote would have approved the base five years renewal option; they would have never come back to the Commission, and there was some concern with the Commission as to making sure that it would be brought back to us on a yearly basis so we can review exactly what was the progress and the process of a lot of the projects that are going on. I am very sympathetic to this and I -- by no mean is this directed towards you or anybody else, because it's a monumental task when you have more than a hundred projects going on, and you're trying to please everybody, and it's very hard to please everyone, but let me assure you that the experience that I've had -- at least with the projects in my district -- with HDR have not been pleasant, all right. I could start with the circles; some of them are still flooding, and I have tried and we have tried, our staff to resolve that issue. The Domino Plaza in my district took two to three times as long to complete for a variety of reasons; some was their fault, some were City ofMiami Page 63 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 our fault, but I could honestly tell you that I don't think that HDR is the last Pepsi Cola in the desert, OK. They are providing a service to us, but I am very concerned with the quality of service that they're providing. One, I want to assure that better checks and balances exist, and check -off lists, as projects go on, project management. That is their cup of tea; they're the best at that. There isn't a reason why they should check off on a project that they didn't go through A through C. That's what they're -- we're paying them. We're paying them good money. We need to make sure that there's a proper checklist to make sure that all projects are done. That way we don't have to go back to you and you don't have to go back to them to go back and fix an issue on a -- it shouldn't be written off because let me tell you what's happening. We've already signed off on some projects. They have moved on. Now we got to beg them to come back because there are problems with that program. That -- it continues to be an issue, at least in my district. I also want to bring out the concern that I have that they need to provide a better quality of service. They need to provide a better quality of service. They need to make sure that once they move away from a project, that project is done properly, and I have not yet to seen that, and I have brought that forth, and I have had discussions with you, as well as your staff so I want to put it on the record. I don't think they're the last Pepsi Cola in the desert. They need to improve their services, and right now I am not -- and I want to put on the record - - satisfied with their services. Just three. Chairman Gonzalez: There's three of us. Mary, you know what my concerns are. I believe these people are getting paid very, very good money. They need to be more on top of these projects. There has to be some type of communication between our offices and these people so we know exactly what's going on in our projects. If it isn't because we call meetings, we will never know what happened, why a project gets delayed, what problems do they have, and I realize that they might have problems, but I need to know what problems they have. Maybe I can help them with their problems, but ifI don't know about the problems, there is no way that neither one of us can help you, so you know one of the concern that I have, three or four projects going on in my district; one is a citywide project, which is the water park, and I feel that all my colleagues should be as concerned as I am with the progress of that project because it's a project that is going to affect the entire City and the entire County. It's going to be a countywide project, so that's all I could -- that's all I have to say. Vice Chairman Sanchez: All right. Commissioner Spence -Jones: I just want to add on to -- Chairman Gonzalez: Yes. Commissioner Spence -Jones: -- and again, I do understand, Mary, how difficult it is to manage all of these projects, and in the beginning, when you started this task, you had a major, major, major hurdle that you had to, you know, accomplish from the standpoint of not really -- in the past, when we were trying to get our capital improvement projects moving, they just were not moving, so your last report on that showed that you're moving projects. I think that what my colleague has said, Commissioner Sanchez, and both Gonzalez has said, and you know, I've said, you know, over and over regarding this issue, you know, it is imperative that, you know, if we have someone on board handling these projects, that they're actually doing the work and it's actually getting done, because at the end of the day, guess who they call, the citizens and the residents? They call the Commissioners and they call the Mayor and they call the Manager, and -- but it always stops with us most of the time. I know that I have Overtown residents in here very upset because that park is not moving. I have people in Little Haiti, you know, still that have not been really communicated on what's happening with Little Haiti Park, so -- but this is -- for me, I understand your commitment to get things done, so that's not what this is about, but we do need to have better controls on what HDR is asking for. To come in and ask now to have their agreement approved, and not really know or have any type of document City ofMiami Page 64 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 saying what type of services, from a quality control standpoint, what went good and what went bad, to me that would have been great in helping me make this decision as to whether or not, you know, I want to approve this contract again. I would like to be -- and you know I already have the issue with them doing their own quality control. You know, how do you provide quality control to, you know, yourself you know, so -- but again, I support what you're trying to do. I just want to make sure that it is very clear today that HDR needs to be on the ball, and they need to make sure projects are happening and moving in our district. Ms. Conway: And ifI may, I appreciate the recognition for the successes that we have had, but let me also say that we're, by no means, where we need to be, and we know that, and staff acknowledge that, HDR staff acknowledge that also. You know, under difficult set of circumstances, we were tasked with driving forward a large volume of projects and we have been able to do that, but it has not been without bumps in the road that every one of us have experienced, and we are working very diligently on having checklists on place -- in place; training our staff so that we have protocols and standard procedures in place, and we are moving in that direction. We are not there yet, but we will continue to redouble our efforts to get where we need to be so that we're not just getting things done quickly, but we're getting them down with the most efficient process and with high -quality results. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. Commissioner Sanchez: Call the question. Chairman Gonzalez: Call the question. Vice Chairman Sanchez: Call the question. Chairman Gonzalez: Is there a motion? Do we have --? Vice Chairman Sanchez: There was no motion? Chairman Gonzalez: Huh? Priscilla A. Thompson (City Clerk): I don't have a record of a motion. Chairman Gonzalez: We don't have a motion? Is there a motion? Commissioner Haskins: I move the item. Chairman Gonzalez: We have a motion. Is there a second? Is there a second? Commissioner Spence -Jones: Second. Chairman Gonzalez: No sec -- OK. We have a motion and we have a second. All in -- Vice Chairman Sanchez: Roll call. Chairman Gonzalez: Roll call. Ms. Thompson: Roll call. Commissioner San -- I'm sorry, Vice Chairman Sanchez? Vice Chairman Sanchez: No. City ofMiami Page 65 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Ms. Thompson: Commissioner Haskins? Commissioner Haskins: I can't believe this is my first day. Vice Chairman Sanchez: Welcome -- Commissioner Haskins: Yes. Vice Chairman Sanchez: -- to City Hall. Commissioner Haskins: Yes, and I want to say that think that it is very important to move this -- the capital improvement program, and I'm voting yes. Ms. Thompson: I'm sorry. I didn't hear that. Chairman Gonzalez: She's voting yes. Ms. Thompson: Thank you. Commissioner Spence -Jones? Commissioner Spence -Jones: I vote -- definitely vote yes on it. All I ask is that -- definitely for my people that are here, that came out today to support -- that Ernest and Mary take the time, before they leave -- because they took time out of their busy day to really understand what's going on in their parks -- that you take the time to make sure they thoroughly understand this so that their projects move, but vote yes. Ms. Thompson: And then Chairman Gonzalez? Chairman Gonzalez: Let me tell you, I'm going to vote yes because I know how important it is to move these capital projects, but -- and they should realize that they were in very, very serious danger today because I was intended to vote no, so I hope they're looking at this meeting, and I am sure they are, so they better realize that, you know, if they don't start improving, there will be no other contract. When are they supposed to come back with another approval, next year? Ms. Conway: Yes. It would be one year from today. Chairman Gonzalez: OK. Very good. All right. I'll vote yes. Ms. Thompson: Then the resolution has been adopted, 3/1. Commissioner Haskins: Could I say some --? Chairman Gonzalez: RE.4. Commissioner Haskins: Chairman, could I just --? I mean, I think that this was really a great discussion about some of the concerns, so if it -- we could look in the future to -- or -- at -- you know, as we go through this process to have some sort of update to the Commissioners on where project stands, where there have been problems, that sort of thing, just so that it could be monitored. I think that's probably -- that was the message I heard loud and clear out of the discussion today. If we could do something like that -- you guys in the capital improvements area, you've done such a tremendous job, and I think it'll help the Commissioners understand some of the issues that you deal with on an ongoing basis. City ofMiami Page 66 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 RE.4 06-01013 Department of Parks and Recreation Ms. Conway: Well do that. Chairman Gonzalez: All right. RE.4. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE USE OF THE PLAZA IN FRONT OF THE EXISTING PAVILION LOCATED IN THE NORTHEAST CORNER OF JUAN PABLO DUARTE PARK, IN THE CITY OF MIAMI ("CITY"), FOR THE INSTALLATION OF COMMEMORATIVE BRASS PLATES AND/OR HEAD BUSTS IN HONOR OF COMMUNITY LEADERS WHO HAVE CONTRIBUTED TO THE CULTURAL AND ECONOMIC DEVELOPMENT OF THE DOMINICAN COMMUNITY IN MIAMI, FLORIDA; RESERVING THE RIGHT FOR THE CITY TO APPROVE IN ADVANCE THE NAMES OF THE INDIVIDUALS TO BE HONORED WITH A BRASS PLATE AND/OR HEAD BUST; AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FUNDACION PRO INTEGRACION DOMINICANA, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION, FOR AN INITIAL TERM OF FIVE (5) YEARS, WITH ANY SUBSEQUENT TERM TO BE APPROVED BY THE CITY COMMISSION, FOR THE PURPOSE OF FUNDING THE INSTALLATION AND PROVIDING FOR THE MAINTENANCE OF THE NEW AND FUTURE COMMEMORATIVE BRASS PLATES AND/OR HEAD BUSTS TO BE INSTALLED BY SAID ORGANIZATION ON BEHALF OF THE COMMUNITY. Motion by Chairman Gonzalez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-06-0397 Chairman Gonzalez: All right. RE.4. Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. This is a resolution authorizing a maintenance agreement with Foundacion Pro Integracion Dominicana for use of the plaza at Juan Pablo Duarte Park. Chairman Gonzalez: OK. I -- I'm in support of this item, but the only question that I have is -- and I told them that when they came to see me. Their -- all we're doing is giving them the authorization to install the plaques, but they're going to be paying for the plaques, they're going to be paying for everything, right? Mr. Burkeen: Yes, and they need to come before you before anything is installed. Chairman Gonzalez: All right. Very good. All right. I move RE.4. Vice Chairman Sanchez: All right. There's a motion -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- RE.4. City ofMiami Page 67 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Commissioner Spence -Jones: Second. Vice Chairman Sanchez: There's a second. It is -- an ordinance or a resolution? Chairman Gonzalez: It's a resolution. Vice Chairman Sanchez: It's a resolution. Any discussion on the item? Commissioner Spence -Jones: No. I just have a comment. Vice Chairman Sanchez: All right, comment. Discussion. Commissioner Spence -Jones: We already voted, though, right? Vice Chairman Sanchez: No. Commissioner Spence -Jones: I second it. Vice Chairman Sanchez: Right. You (UNINTELLIGIBLE). Commissioner Spence -Jones: OK. (UNINTELLIGIBLE). Burkeen, is there any way, like I said, before you leave, that we connect with the folks that have come from Overtown on -- regarding that park? Can we have you at least meet with them for a few seconds to re -- address their issue? Mr. Burkeen: For Gibson Park? Commissioner Spence -Jones: Gibson Park. Mr. Burkeen: It's not a problem. Commissioner Spence -Jones: Thank you. Vice Chairman Sanchez: All right. Any -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- further discussion on the item? It's a resolution not requiring a public hearing. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 4/0. RE.5 06-00912 RESOLUTION Office of Strategic A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING THE Planning, APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY Budgeting, and REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2006. Performance Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 68 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-06-0398 Chairman Gonzalez: All right. RE.5. Larry Spring: Commissioners, Larry Spring, chief of Strategic Planning, Budgeting and Performance. Before you is the mid year appropriation for the fiscal year 2006. Generally, the nature of these appropriations are to provide additional dollars for the operating departments to keep -- continue their level of service delivery for the remainder of the fiscal year. Total appropriations in the general fund will be increased by $6.6 million; from 492 million to 498.7 million, and special revenue will be increased from 172 million to 232.6 million. The -- and I would like to quickly address some of the more salient points of the resolution. First, we are recommending the appropriation of additional million dollars to address increase in fuel and utility costs within several departments, which include Public Facilities, GSA (General Services Administration), Parks and Recreation. We're also appropriating an additional $800, 000 for the continued operation of the Melreese Golf Course as a result of having to rebid the RFP (Request for Proposals) of the redevelopment of the course. In addition, we are recommending appropriation of four hundred and -- approximately $440, 000 for the cost associated with continuing our overnight plans review operation both within the Building and Zoning Department. However, it should be noted that this cost is completely offset by the revenue that is generated from those operations. We're also recommending the addition of ten police officer positions to be funded just for the remaining portion of the year, and I wanted to put on the record those funds would only be used to fund those positions, because I know Commissioner Gonzalez had a concern with the money being used for other purposes, or being transferred. Again, that -- those ten additional officers are us continuing our strategic commitment that this Commission made last year to putting more officers on the street. The cost associated there is approximately $250, 000. We're also recommending an additional five communication operators in the 911 -- the Fire Department 911 operation. As you know, they're -- they've been under a lot of stress, and a lot of overtime in that operation, so we're recommending these additional positions, a cost of approximately $90, 000. The remaining and probably the largest is approximately $5.4 million that we're recommending be contributed to our CIP (Capital Improvements Program) Department in an effort to continue their delivery on the projects of the City's capital plan. You just -- the Commission just actually addressed one of those items just a moment ago, and I'd just like to note that this appropriation is just a small portion. When you look at over $100 million project delivery, you're talking about a four or five percent increase to help facilitate that completion, so I respectfully ask that you approve the item as presented. Chairman Gonzalez: Very well. Is there a motion? Vice Chairman Sanchez: So moved. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. Discussion. Hearing none, all in favor, say "aye. The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. City ofMiami Page 69 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 DI.1 06-01020 Office of the City Attorney DI.2 06-00998 Department of Finance DI.3 06-01086 Office of the City Clerk DISCUSSION ITEMS DISCUSSION ITEM PRESENTATION OF ANNUAL REPORT BY THE CITY ATTORNEY. DEFERRED Chairman Gonzalez: I have asked the City Attorney to please hold his presentation of annual report for the first meeting in July, and I want to thank you for accepting that -- DISCUSSION ITEM DISCUSSION CONCERNING A FINANCIAL UPDATE AND BUDGET OUTLOOK. DEFERRED Chairman Gonzalez: So we need to move to DI.2. Larry Spring (Chief of Strategic Planning, Budgeting & Performance): Mr. Chair, I ask that that item be deferred since it is a budget -related item, and we just passed the mid year. Chairman Gonzalez: Very good. DISCUSSION ITEM DISCUSSION CONCERNING A REQUEST TO USE CITY HALL AS AN EARLY VOTING SITE FOR UPCOMING MIAMI-DADE ELECTIONS. MOTION A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, with Commissioner Regalado absent, to use City Hall as an early voting site for upcoming Miami -Dade elections. Chairman Gonzalez: DI.3. Priscilla A. Thompson (City Clerk): On DI.3 -- Chairman Gonzalez: Madam City Clerk. Ms. Thompson: -- Commissioners, yes. We have received a request from the Supervisor of Elections for Miami -Dade County to use our facility here at the City Hall as an early voting facility, and we just need to get your approval. In your packet, you have a copy of the proposed schedule, and we need this done now because the Elections Department needs to go out, inform the State of the locations, and have these locations printed. Vice Chairman Sanchez: So move. Commissioner Spence -Jones: 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. Before we recess for lunch, I want to City ofMiami Page 70 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 recognize Lucia Dougherty. She wants to -- you done? You all right? All right, so -- City ofMiami Page 71 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 PART B Direction by Chairman Gonzalez to the City Attorney requesting a legal opinion regarding the maximum number of items to be considered at each Commission meeting, in accordance with the City Charter; further providing a legal opinion on Chairman's desire to limit the planning and zoning agenda to Planning and Zoning items, Commissioners' items, and emergency items from the Administration; said legal opinions to be provided June 26, 2006. Chairman Gonzalez: Now, Commissioner Haskins wants to address the Planning and Zoning agenda -- Commissioner Regalado: And me too. Chairman Gonzalez: -- because she's going to be deferring some items, and there's public here been sitting, and we're not going to hold them here all day long to later on tell them, you know, this item is going to be deferred. Commissioner Haskins: Yes. There are some items on the Planning and Zoning agenda that I would like to have more time to understand all the details and understand the positions of each side, so those items that I would move to continue would be PZs.25, 26, 32, 33 -- Commissioner Regalado: Wait, wait, wait. You said 25 -- Commissioner Haskins: 26, those are companion items. PZ.32 and PZ.33, 34, 35, and 36, those are related to the Herald properties. Chairman Gonzalez: All right. We have a motion to defer PZ (Planning & Zoning) -- Vice Chairman Sanchez: Second. Chairman Gonzalez: -- 25. OK. PZ.25, 26, 32, 33, 34, 35, 36. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Lucia Dougherty: Mr. Chairman -- Chairman Gonzalez: Those opposed -- Lourdes Slazyk (Assistant Director, Planning Department): Can we have a date certain? Chairman Gonzalez: -- have the same right. Ms. Dougherty: -- before you go -- Chairman Gonzalez: Yes, Lucia. Ms. Dougherty: Yes, that's what I was going to request, a date certain. We have a consultant who's going to be out of town on your second meeting. We wondered if you could have it on the 13th of July? Chairman Gonzalez: OK. Let me tell you, and that is -- now that is a issue that I want to address, OK, because what is going to happen -- and I know what is going to happen, and I was going to address the issue of the agendas, all right. Mr. City Attorney, I need to have a memo City ofMiami Page 72 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 where -- that clarifies how many items, according to the City Charter, are we supposed to take on each Commission meeting. Jorge L. Fernandez (City Attorney): OK. Chairman Gonzalez: I know that the second meeting in July, every single developer and every single people that want to build anything in the City ofMiami is going to push, and the Administration is going to help them push the items into the agenda. We had a lot of -- we had a whole bunch of very controversial items on this agenda today. I hear that there're going to be some other controversial items on this agenda next month, so if you put them together, in addition to what we're putting on on regular agenda, we won't be able to leave the City Hall for three days -- Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: -- so as the Chair -- each Chair has the discretion to run their meetings as they please, according to the Charter, and I'm going to do it according to the Charter, OK, but I want a limit. The Planning and Zoning agenda, I want to limit those meetings to Planning and Zoning items, Commissioners' items, and any emergency items that the Administration might have, and I want you to do a research on that, Mr. City Attorney. Mr. Fernandez: Yes. Chairman Gonzalez: I want to do it according to the Charter. I don't want to violate any rules, OK; according to the Charter. Mr. Fernandez: I'll have a memo written for you -- Chairman Gonzalez: The second meeting of every single Commission meeting, I would only take Planning and Zoning items, Commissioners' items, and any emergency item from the Administration, emergency item. In addition to that, I will limit the agenda to the number established on the City Code that we're supposed to take, and I want a legal opinion on that as soon as possible. If you could have it by Monday or Tuesday -- Mr. Fernandez: You'll have it by Monday. Chairman Gonzalez: -- I will appreciate it. Yes, Lucia. Ms. Dougherty: On items number 33, 34, 35, and 36, that's the Miami Herald that Commissioner Haskins asked -- and by the way, congratulations. Commissioner Haskins: Thank you. Ms. Dougherty: -- that they be deferred. We were wondering if we could have that deferred to the first meeting, which is the 13th, because we have our consultants. Our architects are going to actually -- Chairman Gonzalez: No, because -- Ms. Dougherty: -- be on vacation. Chairman Gonzalez: -- the first meeting in July, we're going to have exactly the same thing that we're going to have on the second meeting in July. We're going to have a lot of items that is going to come from the regular agenda for the first meeting, and you know -- and also, it was City ofMiami Page 73 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 established here that by 9 o'clock -- and that also applies to the City Code -- all Commission meetings should be in recess, right, Mr. City Attorney? Mr. Fernandez: I don't know that it's 9. I believe it's 10. Commissioner Regalado: It's 10. Chairman Gonzalez: Or 10. Mr. Fernandez: It's 10. Chairman Gonzalez: Or 10 p.m, or 10 p.m., so -- Mr. Fernandez: Right. Chairman Gonzalez: -- I don't want to load an agenda that I'm not going to be able to handle, OK, and then we're going to have to be post -- you know, postponing items for September or October, so no. It's going to be on a PZ agenda, and I want -- you know, that's -- also that's -- also, it's very important. I don't know what's going on, but we're getting -- on the first meeting of the month, we're getting PZ items, and then we're getting PZ items on the second meeting of the month, and we're getting a huge agenda. Look at this agenda. Look at this. This is totally ridiculous, OK. We want to give the public the opportunity to speak on the items. We want to open public hearings and allow them the opportunity to speak on each individual item, and then we got an agenda that if we were going to handle this agenda, we'll probably need to be here for two consecutive days, so you know, we have to -- I've been trying to be very polite, and I said, let me see how far they're going to go with it, you know. It's far enough. It's far enough, so the second meeting of the month is going to be Planning and Zoning. The first meeting of the month is going to be regular items, and Mr. City Attorney, once again, I need a legal opinion. Mr. Fernandez: You got it. You will get it. Chairman Gonzalez: Thank you so much. Lucia. Ms. Dougherty: I also have a question about one of the items that Commissioner Haskins just asked to be deferred. It is in Commissioner Spence -Jones' district. We did have this -- and it has to have two readings. We have -- Commissioner Haskins: 25 and 26. Ms. Dougherty: -- many supporters -- pardon me? Yes. Commissioner Haskins: PZ.25 and 26. Ms. Dougherty: 25 and 26. We have many -- Commissioner Haskins: I believe it's District 2. I think it's just -- it's in District 2, but it is in the Overtown area. Ms. Dougherty: It's actually not in District 2. Commissioner Regalado: That's northwest. Commissioner Haskins: Yeah. City ofMiami Page 74 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Ms. Dougherty: But the point -- here's what I'm trying to say to you, is that this has been deferred many, many times, and we had a hearing on it. At the last agenda, one of the things that Commissioner Spence -Jones asked us to do is to meet with our neighbors. We have many supporters coming down here right after lunch, and I'm just wondering, even if you deferred it, do you want to hear from them now so that you can at least know what the issues are? I don't think we have any opposition, and I -- Chairman Gonzalez: No, no. We don't want to open the (UNINTELLIGIBLE) -- Ms. Dougherty: -- and -- we do? Unidentified Speaker: Yes. Ms. Dougherty: Oh, OK. Well, anyway, do you want to hear from everybody so you can at least know what the issues are? Commissioner Haskins: I would like to hear it in the regular -- when we deal with the entire item, is what I would prefer. Ms. Dougherty: That's what I'm saying, do you want to do it today? Commissioner Haskins: Not today. If the item is going to be deferred, I would like to hear it at the time the item is heard in total. Ms. Dougherty: All right. Thank you very much. Chairman Gonzalez: Thank you. Hal Spaet: Mr. Chairman. Chairman Gonzalez: Yes, sir. Mr. Spaet: Hal Spaet, a resident of the Omni area, and representing the main group on the other side of the issue. We appreciate your comments, because this particular issue is very time-consuming. A number of people are going to be here; that it be held at another time later so that another -- a number of other issues -- so that we have a chance to present. Chairman Gonzalez: Yes, sir. Mr. Spaet: Thank you. Chairman Gonzalez: You're very welcome. All right. "[Later...]" Mr. Fernandez: Mr. Chairman -- Chairman Gonzalez: Yes. Mr. Fernandez: -- just for the record to be very clear, for the afternoon session, PZ (Planning & Zoning) items 19, 20, 25, 26, 32 through 36 have been continued to the second meeting of July, to the P&Z agenda in July. City ofMiami Page 75 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Chairman Gonzalez: Tentatively, right? Maybe, right, according to the July agenda? Mr. Fernandez: That's right. Chairman Gonzalez: All right. We're going to stand in recess until 2:30. Two -thirty be all right with you, Commissioners? Commissioner Spence -Jones: Yes. Chairman Gonzalez: Great. Thank you. "[Later...]" Chairman Gonzalez: All right. Madam City Attorney, would you please read the procedure for the Planning and Zoning meeting? Julie O. Bru (Deputy City Attorney): Yes. Good afternoon, Mr. Chairman and members of the Commission. The 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 requests, whether an appeal, special exception, vacation, text amendment, zoning change, land use change, or a MUSP (Major Use Special Permit), and make its recommendation. The appellant or petitioner will then present the 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 petitioner will be permitted to make final comments. Thank you, Chairman. Chairman Gonzalez: Thank you. Madam City Clerk, would you swear people that are going to testify? Priscilla A. Thompson (City Clerk): Yes. If you're in the chambers, please, if you plan on testifying on any of the P&Z items that are on today's agenda, I need you to please stand and raise your right hand so that I can swear you in. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on planning and zoning issues. Ms. Thompson: Thank you. Chairman Gonzalez: All right. Welcome to the Planning and Zoning meeting. I -- for those that were not here this morning, let me tell you that PZ items 25, 26, 32, 33, 34, 35, 36, 19 and 20 have been deferred, so we don't want you sitting around here all day long to later on tell you that your item has been deferred. PZ.1 04-00650mm RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, PURSUANT TO ARTICLES 5, 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE BRICKELL STATION PROJECT, TO BE LOCATED AT APPROXIMATELY 550 BRICKELL AVENUE AND 31, 39, 41, 47, 51, 57, 59 AND 65 SOUTHEAST 6TH STREET, MIAMI, FLORIDA, TO ALLOW THE MODIFICATION OF THE PREVIOUSLY APPROVED 500 BRICKELL PROJECT, PURSUANT TO RESOLUTION NO. 04-0420, ADOPTED ON JUNE 24, 2004, TO CONSTRUCT AN ADDITIONAL APPROXIMATE 568-FOOT, 53-STORY HIGH MIXED -USE STRUCTURE TO City ofMiami Page 76 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 BE COMPRISED OF APPROXIMATELY 232 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 4,978 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 307 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. REQUEST: Major Use Special Permit Substantial Modification for the Brickell Station Project (F.K.A. 500 Brickell) LOCATION: Approximately 550 Brickell Avenue and 31, 39, 41, 47, 51, 57, 59 and 65 SE 6th Street APPLICANT(S): Adrienne F. Pardo, Esquire, on behalf of Liberty View Associates, LP FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on May 17, 2006 by a vote of 8-0. ZONING BOARD: Recommended approval with conditions* of Variances to City Commission on April 24, 2006 by a vote of 5-1. *See supporting documentation. PURPOSE: This will allow the development of the Brickell Station project. Motion by Commissioner Haskins, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0402 Chairman Gonzalez: All right. Let's go back to PZ.1. Lourdes Slazyk (Assistant Director, Planning): PZ.1 is a Major Use Special Permit for the Brickell Station Project. Some of you may remember; you approved a 500 Brickell project sometime ago. This is the property just behind that going towards the Central Brickell area. This will consist of a 53-story high mixed -use structure; it'll contain approximately 232 multifamily residential units, 4,978 square feet of retail, and 307 parking spaces. It's been recommended for approval with conditions by the Planning Department, approval by the Planning Advisory Board. The conditions primarily relate to -- the design -related conditions relate to requiring the applicant to add an element to break the garage massing to a perceivable level, subject to review and approval by the Planning director. Any proposed screening shall block lighting from within the garage from view at night, except the glass areas may give ambient lighting, and we wanted them to continue to add shade trees along 5th Street in the public right-of-way, continuing the same planting as the 500 Brickell project, and refine and soften the landscape plan of the pedestrian plaza. With these conditions, we recommend approval. Chairman Gonzalez: All right. City ofMiami Page 77 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Adrienne Pardo: Hello. My name is Adrienne Pardo, with law offices at 1221 BrickellAvenue. I'm here today on behalf of the developer, The Related Group of Florida. With me here today is Mr. Bernardo Fort -Brescia, who's the architect on this particular project. This is for a Major Use Special Permit. It's located within the SD-7 district. It's for 232 residential units, and we would request your approval. We agree with all the conditions, and we've had recommendations of approval throughout the entire process with Planning staff Planning Board, and if you'd like a full presentation by Mr. Fort -Brescia, we can do that. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. All right, seeing none, hearing none, the public hearing is closed; comes back to the Commission for a motion. Commissioner Haskins: So moved with conditions. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: It was a resolution and it is with conditions. PZ.2 06-00612mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE 2121 BISCAYNE PROJECT, TO BE LOCATED AT APPROXIMATELY 2121 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 222-FOOT, 16-STORY HIGH RESIDENTIAL STRUCTURE TO BE COMPRISED OF APPROXIMATELY 147 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 46,400 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 6,682 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 376 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. REQUEST: Major Use Special Permit for the 2121 Biscayne Boulevard Project LOCATION: Approximately 2121 Biscayne Boulevard APPLICANT(S): Javier F. Avino, Esquire, on behalf of 2121 Biscayne Boulevard, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on May 3, 2006 by a vote of 8-0. City ofMiami Page 78 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 *See supporting documentation. PURPOSE: This will allow the development of the 2121 Biscayne Boulevard project. Motion by Commissioner Haskins, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0403 Chairman Gonzalez: PZ.2. Adrienne Pardo: Thank you very much. Chairman Gonzalez: You're welcome. Lourdes Slazyk (Assistant Director, Planning): PZ. 2 is a Major Use Special Permit for the 2121 Biscayne Project. This project will consist of -- obviously, at 2121 Biscayne Boulevard. It consists of a 16-story high residential structure, with approximately 147 multifamily residential units, 46,400 square feet of office, 6,682 square feet of retail, and approximately 376 parking spaces. This was also recommended for approval by the Planning Advisory Board and the Planning Department, with conditions. The conditions are listed in your package. The conditions have to do with the louvered treatment on the north and south facades of the parking area in order to continue the patterns presented in the rest of the building. We wanted the aluminum vertical fins and awnings to be expressed in their natural material and color, not painted to add interest and variety in the building's textures and colors, to which we have already met with the applicant and we're finalizing a solution for that, and extend the blue/green spandrel glass panel so the garage structure is shown in the liner facades, instead of painting the stucco; additional street trees to be provided; integrate additional variable height plantings and species, and the rest of the conditions had to do with final landscape plans coming in for Planning review and approval. Like I said, we've already been meeting with the applicant in order to resolve those issues in the elevations. With that, we recommend approval. Chairman Gonzalez: All right. Lucia Dougherty: Good afternoon, again, Mr. Chairman, members of the Commission. Lucia Dougherty, with offices at 1221 Brickell Avenue; here today on behalf of the owner and the applicant, Bill Biondi. The principal is with us this afternoon, and Bernardo Fort -Brescia, the architect. This is a true mixed -use project. We have retail, office, and residential on Biscayne Boulevard. It is completely lined with units. It has internal loading. It does all the things that Miami 21 has requested that we do, and it is a very modest building actually, compared to what's around it. You can see it next to the 46-story paramount base property, and this is 16 stories. Bernardo is here to make a full presentation, if you'd like, or we can rest at this time. Chairman Gonzalez: Is there any opposition on this item? Is there any opposition on PZ.2? No. OK. All right. That concludes your presentation? Ms. Dougherty: Yes, sir. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak in reference to this item, please come forward. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. City ofMiami Page 79 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Commissioner Haskins: I move the item, with conditions. Vice Chairman Sanchez: Second -- Chairman Gonzalez: All right. Commissioner Sanchez: -- with conditions. Chairman Gonzalez: We have a motion and a second to approve with conditions. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: It was a resolution. It was approved. Ms. Dougherty: Thanks very much. PZ.3 06-00613mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE BRICKELL FLATIRON PROJECT, TO BE LOCATED AT APPROXIMATELY 1001, 1015, 1023, 1101 AND 1121 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 794-FOOT, 70-STORY HIGH MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 554 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 254,043 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 30,316 SQUARE FEET OF RETAIL SPACE; APPROXIMATELY 16,913 SQUARE FEET OF RESTAURANT SPACE; AND APPROXIMATELY 820 TOTAL PARKING SPACES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: Major Use Special Permit for the Brickell Flatiron Project LOCATION: Approximately 1001, 1015, 1023, 1101 and 1121 South Miami Avenue APPLICANT(S): Javier F. Avino, Esquire, on behalf of Brickell Flatiron, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on May 3, 2006 by a vote of 9-0. *See supporting documentation. PURPOSE: This will allow the development of the Brickell Flatiron project. City ofMiami Page 80 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Absent: 2 - Commissioner Haskins and Regalado R-06-0400 Chairman Gonzalez: I'm going to bring the agenda -- I'm going to take the agenda out of order, and I'm going to call item 3 and 5, Lucia. I have a special request. I believe they have to catch a plane at a certain time, so welcome. I'm sorry. Go ahead. Lucia Dougherty: Good afternoon, Mr. Chairman, members of the board, Commission. Lucia Dougherty, with offices at 1221 Brickell Avenue. The property that we are seeking to have your approval for today is located in West Brickell, and with me this afternoon is Asi Cymbal and Susan Hollander, who are the project representatives. The property is located just east of Rosinella's restaurant and just south of Perricones, and for obvious reasons, as you'll see in a minute, it's called the Flatiron building. You've seen this building before because the City Commission actually closed a street in order to allow the Metrorail to go right through the building, and you've also seen the building -- you've also seen this building because this is the building that the Mayor sent an e-mail around of the New York Times article in which they said celebrity architects come to the City ofMiami, so this afternoon we have with us Enrique Norton, who is here and can present the full project, and that's why we've asked that we go first because he actually has to catch a train -- a plane, but we have a complete presentation to make for you today. We have staff recommendations of approval, UDRB (Urban Development Review Board) recommendations of approval, and Planning Advisory Board recommendations of approval. I'd like Enrique to come forward, and if you'd like to hear from him, and then we have one condition we'd like to have modified. Chairman Gonzalez: OK. Enrique Norton: Thank you very much. I appreciate very much being here. I thank you all for inviting me. Well, I know the time is very tight, so really, all I want to say is that I'm very honored to be presenting this project -- or this project to be presented here in Miami in front of you, and I wanted you to know that my team, my office, myself are very, very committed to making this project happen, and to make it happen in a way that both our clients and the City ofMiami would be very proud of. I understand that you all know the project, so I don't want to take any more of your time, but I'd be very happy to try to answer any questions, if there would be any. Thank you. Chairman Gonzalez: Thank you, sir. Ms. Dougherty: Mr. Chairman and Madam Planning Director, I'd just like to go over one of the conditions. One of the conditions is number 11, where they -- I have asked that we have the loading area screened when not in service, and the loading door materials would be -- compliment the building; the garage lighting of the cars would not be visible from the street, which we agree to. The next provision is provide a recess glass panel behind a metal screening in keeping with the office and residential wall sections, and we would ask that we modify that condition to say that we would work with the Planning Department to find a suitable solution for that paneling. Right now Mr. Norton doesn't know exactly how he'd like to handle it, but he doesn't think that glass and steel is the appropriate way, and we'd like to continue working with staff. Chairman Gonzalez: Very good. Let me ask, is there opposition to this item? Lourdes Slazyk (Assistant Director, Planning): No. City ofMiami Page 81 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Chairman Gonzalez: Is there any opposition to this item? I see none. OK. Ms. Dougherty: That concludes our presentation. Chairman Gonzalez: All right. Lourdes. Ms. Slazyk: The Planning Department recommends approval of the project with the conditions, and we have no objections to modifying the last line of condition 11, to keep working with the applicant to find that suitable material. We suggested glass because that would be in keeping with the residential wall sections, but we will keep working with them to find something that works. The idea is to just make sure that the cars are not visible, and if there's another solution, we'd be glad to explore it. Chairman Gonzalez: Very good. All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Commissioner Spence -Jones: As I -- you -- the last time you presented it, it was -- it's a great project. I think it's an awesome project. I just want to -- just to at least mention -- I know you said it last time when we had the Commission meeting regarding the beautiful art area under the Metrorail space. Just to -- again, just trying to -- making sure that we support local artists in the area and -- Ms. Dougherty: Yes. Commissioner Spence -Jones: -- I know that we need to get past this period, but I definitely -- we -- the Mayor and I launched off an initiative last week -- I don't know if you know -- called Art Over Miami, to try to encourage local artist participation on many of these projects. Ms. Dougherty: Excellent idea, and we agree with that. Commissioner Spence -Jones: OK, so I definitely would want to make sure that we work with you on making sure we include that. I have no projects with the projects, so -- problems with the project, so I move it. Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. We have a motion and we have a -- Vice Chairman Sanchez: As amended. Chairman Gonzalez: -- second, as amended. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Ms. Dougherty: Thanks very much. PZ.4 06-00426mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. City ofMiami Page 82 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 11000, AS AMENDED, FOR THE HIAWATHA VILLAGE PROJECT, LOCATED AT APPROXIMATELY 3535 HIAWATHA AVENUE, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 68-FOOT, 4-INCH, 6-STORY HIGH RESIDENTIAL STRUCTURE CONSISTING OF 19 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, IN ADDITION TO A 3-UNIT SINGLE-FAMILY TOWN -HOME COMPONENT; AND APPROXIMATELY 75 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. REQUEST: Major Use Special Permit for the Hiawatha Village Project LOCATION: Approximately 3535 Hiawatha Avenue APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of G.C. Homes, Inc., Contract Purchaser and Chateau Apartments, Ltd. LLLP, Owner FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on June 7, 2006 by a vote of 7-0. ZONING BOARD: Recommended approval of a Variance to City Commission on April 24, 2006 by a vote of 5-2. *See supporting documentation. PURPOSE: This will allow the development of the Hiawatha Village project. Motion by Commissioner Sanchez, seconded by Commissioner Haskins, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0404 Chairman Gonzalez: PZ.3 is also a resolution. Lourdes Slazyk (Assistant Director, Planning): I think we did 3 already, right -- Vice Chairman Sanchez: We did 3 already. Ms. Slazyk: -- the Flatiron? Yeah. Chairman Gonzalez: I'm sorry, we did PZ.3 already. Ms. Slazyk: 4. PZ.4 is a Major Use -- Chairman Gonzalez: PZ.4. Ms. Slazyk: -- Special Permit for the Hiawatha Village Project. This is at 3535 Hiawatha City ofMiami Page 83 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Avenue. The project includes a 68-foot, 6-story high mixed -use structure. It will have 19 multifamily residential units, with recreational amenities, and a three -unit single-family town home component. The total parking spaces is approximately 75 parking spaces. It's been recommended for approval by the Planning Advisory Board. There is a variance component with -- that was recommended for approval by the Zoning Board, and it was also recommended for approval by the Historic and Environmental Preservation Board. There are a series of conditions in this one, in addition to our design conditions. I'm not going to read them all into the record because it's about three pages worth of conditions, and I'm sure the applicant will refer to them in their presentation, but with these conditions, we recommend approval. Chairman Gonzalez: Those conditions are -- that you're talking about are -- that these conditions that -- Ms. Slazyk: Yes. Chairman Gonzalez: -- were just handed to us? Ms. Slazyk: Oh, the ones that were handed out, I don't think -- are they already in here? Lucia Dougherty: They're not already in -- Ms. Slazyk: No, I don't think they're all in there. They may need -- this will be approved with modifications, for the City Clerk, to incorporate the additional conditions, but what happened is, as this went through the Zoning Board and the Planning Advisory Board, some of these conditions were already added and they're in your package, and it looks like they're supplementing the conditions today. Chairman Gonzalez: All right. Ms. Dougherty: Good afternoon -- Chairman Gonzalez: Lucia. Ms. Dougherty: -- Mr. Chairman, members of the Commission. Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm very pleased to represent this project tonight because it's been a very long process to get where we are. We've met with all of our neighbors in connection with this site, which is located east of Bayshore Drive on Hiawatha -- between Hiawatha and Glencoe Street, and it's a very interesting site because it is actually zoned R-3, but it actually is on a single-family neighborhood, so we could have a 50-foot tall building on this entire site as of right because it's zoned R-3, so -- but we knew initially -- and Michael Garcia Koreo, who is my client, is here. He initially said, you know what? That's not going to work, a 50-story building right across the street from single-family neighborhood, so we had a five town home unit product that faced Glencoe Street, 25 feet tall, which is what a single-family house could have, and the neighbors said, you know what? We'll support that. That is the Glencoe Neighborhood Association, which is here, but we'd really rather have three single-family homes so it looks like the rest of the houses on the street, so that's what we did. Behar and Font is our architects, and they have designed three single-family houses which face the Glencoe single-family neighborhood. In return for which, they agreed to support us for a one-story additional height variance on the water, so this building right here is one story higher than it would otherwise be able to be, and we had support from -- and this was such an interesting process, because we had -- we met with the Glencoe Homeowners Association and we had their support. Then we met with the Beacon Harbor Homeowners Association, and we had another list of concerns that they had that we addressed, and we got their support in writing, and then we had -- then we met with the -- on our hearing with the Zoning Board, the Fairview City ofMiami Page 84 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Homeowners Association, represented by Bruce Beep [sic], who's on the first row here, came and we also worked out an agreement with them, and many of the things that you have in your package are these conditions that we've worked out with that neighborhood association, and we would ask that you incorporate them into your conditions. There is just one condition, however, that we would like you to -- and it has nothing to do with any of our neighborhood associations, but we'd like you to reconsider. There is a condition, that we turn the houses and put the parking garages in the rear, meaning not have the parking garages off of Glencoe Street, and this is a City staff request. We would ask that the townhomes -- I mean, the houses - - the single-family houses be approved as -is with the garages, like any single-family house in the front of the building, so we would only ask that that consideration be made as a modification of the condition, and I know that all of our neighbors would support that as well, so with that, Bruce, would you like to say anything? Bill Yates: I'm Bill Yates, 1600 South Bayshore Lane, and we concur with the conditions and the conditions that were passed out to you. Vice Chairman Sanchez: With these conditions that were passed out? Mr. Yates: Yes, and with the MUSP (Major Use Special Permit) that's -- I believe's attached -- Vice Chairman Sanchez: The MUSP is not in front of us. Ms. Slazyk: It's in your book. Ms. Dougherty: It is in your book. Commissioner Spence -Jones: It's in the book. Ms. Dougherty: These are additional conditions that we've been meeting with. Chairman Gonzalez: All right. Bruce Reep: Bruce Reep, 3530 East Fairview Street. The developer and their attorneys have been very cooperative working with us. At first we objected, but they have worked out a lot of the solutions with us. What I handed out to you earlier was some modified conditions regarding some easements. Just so you know, one of the nice things this developer's doing, by request from this neighborhood, is he's going to give improvements to a park, which is Steele Park, as a gift to the City. Of course, we would have to work that out with the City Parks Department and everything. These are very minor improvements, but they're actually very nice improvements; grass and some park benches and water fountains and lighting, and -- so he's doing some nice things for the neighborhood. We wish that you would add in that these are conditions of the MUSP, and that this variance is dependent upon the MUSP, and that if any other developer buys it, they must build this complex with these conditions. If not, we should go back to the 50 feet. If not -- but for giving them the higher building, they have been very, very cooperative with us, but we do -- Chairman Gonzalez: Thank you, sir. Mr. Reep: -- want it as that -- be conditional. Thank you so much. Chairman Gonzalez: Thank you. Ms. Dougherty: So the condition that we would ask that you would consider modifying is 11(a), where it says, "The single-family units shall be oriented to have the garage doors face the City ofMiami Page 85 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 interior and not onto Glencoe Street." Chairman Gonzalez: All right. Ms. Slazyk: And I just wanted to clarify for the record, based on that last comment, if the Commission approves this Major Use Special Permit that includes the variance component, they can only build this project. If this project is abandoned or the Major Use expires, the variance goes bye-bye with it. They -- nobody can come back in and modify the project without coming back to this Commission and public hearings for approval, so on that, you can be assured. Vice Chairman Sanchez: I am glad that you were able to put that into the record. Chairman Gonzalez: Very good. All right. That concludes your presentation? Ms. Dougherty: Yes, sir. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none -- yes, sir. Sorry. Tucker Gibbs: Sorry. Chairman Gonzalez: Almost missed you. Mr. Gibbs: Sorry, Mr. Chairman. Good afternoon. My name is Tucker Gibbs, with law offices at 215 Grand Avenue, in Coconut Grove, and today I represent Peacock Properties, which is owner of several units in Beacon Harbor, adjacent to this property, and I'm here to speak on the MUSP, opposing the variance that is the integral part of the MUSP, and so I want to put this on the record, that the MUSP includes the grant of a zoning variance to increase the height of the project from 50 to 68 feet, which you all have heard about today. That's an 18-foot variance. The variance request, in our position, fails to meet any of the requirements of -- for the grant of a variance in Section 1903.2, which is set out, and those are the hardship standards that are in your Code. Your staff also has recommended denial of the variance. While the Zoning Board has recommended in favor of the variance, your professional staff has recommended denial, and our position is the applicant has presented no competent or substantial evidence in the record today that the variance does meet those standards. Therefore, there is no substantial competent evidence in the record to support the variance. Therefore, without the variance, this MUSP should be denied, and we'd recommend that you vote to deny the Major Use Special Permit. Thank you. Ms. Dougherty: You know -- Chairman Gonzalez: Thank you. Ms. Dougherty: -- Tucker was so quiet back there, I completely forget to mention the fact that we are in negotiations with his client as well, and we have reached a settlement, but as of yesterday, when he sent the agreement, we couldn't turn it around in time, so we anticipate that this would also be a nonissue, let's put it that way. Mr. Gibbs: Thank you. Chairman Gonzalez: All right. Anyone else? All right, seeing none, the public hearing is closed. It comes back to the Commission. City ofMiami Page 86 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Commissioner Haskins: Lourdes, the developer has objected to one of the conditions. Can you address that issue? Ms. Slazyk: Sure. Condition 11(a) says that we wanted the single-family units to be oriented in a way that the garage was facing the interior of the site instead of the garage facing the street. While the -- a lot of the homes in this neighborhood do have their garages facing the street. Where we're heading with our NCD-3, which is already in place in the R-1 in Coconut Grove, and the way we're heading with Miami 21 is to try to make the garage a much less dominant feature in the homes and put them to the rear as much as possible to try and create more pedestrian friendly streets. That's where this condition came from, and again -- I mean, we recognize that many of the homes that are already there already have the garages in the front, but if we're going to try to change our single-family neighborhoods and get them more pedestrian friendly, we impose that condition, so it's up to the Commission. Chairman Gonzalez: I want to ask -- I'm sorry. You're through? Commissioner Haskins: Yeah. Chairman Gonzalez: I want to ask you a question. How wide are these lots? Ms. Slazyk: Actually, their architect could probably better answer that than I can. Javier Font: I'm sorry? Chairman Gonzalez: How wide are these lots? Mr. Font: They're -- they -- Priscilla A. Thompson (City Clerk): I'm sorry. I do need a name. Mr. Font: Oh, I'm sorry. Javier Font, 4533 Ponce De Leon Boulevard, Behar Font & Partners. The lots are about 50 feet wide. Chairman Gonzalez: Fifty feet wide. That's what I figured. If you intend to put -- Ms. Slazyk: Fifty feet, which is about a standard width. Chairman Gonzalez: Right, 50 is a standard size lot, but I wanted to ask just to make sure that I was right. If you are going to build a garage through the back of the house, that means that you had -- you need to leave at least ten feet on the side of the house so you can have your driveway, right, plus your setback is another five feet; you're talking -- Commissioner Haskins: Fifteen feet. Chairman Gonzalez: -- 15 feet, so you'll be building a house 35 feet. I wouldn't like to see a house like that in my neighborhood, to be honest with you. Ms. Slazyk: Right. Well, we don't think -- Chairman Gonzalez: I mean -- Ms. Slazyk: -- that each -- Chairman Gonzalez: -- you know, I don't know what they're doing with -- City ofMiami Page 87 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Ms. Slazyk: Yeah. Chairman Gonzalez: -- Miami 21, Miami -- you know, I hear a lot of talk about Miami 21 -- Ms. Slazyk: Yeah. Chairman Gonzalez: -- but I also hear that there are a lot of people that are going crazy with Miami 21 that really don't care about Miami 21 and about all the money that has been spent on this plan, and we will see where that will go in -- Ms. Slazyk: Right. Chairman Gonzalez: -- the future, but -- Ms. Slazyk: With this one -- Chairman Gonzalez: -- we're not discussing -- Commissioner Regalado: Well -- Chairman Gonzalez: -- Miami 21. Ms. Slazyk: Yeah. Commissioner Regalado: -- but how 'bout -- Ms. Slazyk: With -- Commissioner Regalado: -- if you want to keep an RV (Recreational Vehicle) inside the garage, how wide do you need the corridor -- Ms. Slazyk: I -- Commissioner Regalado: -- to turn around an -- Chairman Gonzalez: Yeah. Commissioner Regalado: -- RV in -- around in a -- coming into the front and turning around so they can go into the garage? Ms. Slazyk: Well, the idea with this one, let me explain, it's not that each lot has to have a driveway that takes you to the back. When one developer's doing townhomes like this, they could make one driveway on one end that serves all of the units, and it's not that each 50-foot lot has to have, you know, a cut driveway that goes to the back. They can unify it. It's similar to an alley concept. Chairman Gonzalez: But what you're talking about here is single homes, right? You're not talking about town houses. Ms. Slazyk: But they're all under the same ownership right now, and it could be done in a way that the access is through the rear for all of them. Chairman Gonzalez: All right. City ofMiami Page 88 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Mr. Font: I think that -- Chairman Gonzalez: I don't want to complicate the matter. Ms. Slazyk: Right. Chairman Gonzalez: I mean, it's up to the -- Ms. Slazyk: I was just explaining -- Chairman Gonzalez: -- Commission. Ms. Slazyk: -- where that -- Commissioner Haskins: Right. Ms. Slazyk: -- came from. Mr. Font: If I can jump in for two seconds. That works very well if you do have a larger development where you have the alley concept, and most of the houses feed off the alley. What we have here is basically three lots within an existing neighborhood, of which there is no alley and nobody has their garage in the back. It's actually very typical, what's there, and we did try to do several sketches on what it would be, and were not happy with any of them, and I think -- Chairman Gonzalez: All right. Mr. Font: -- the neighbors would appreciate this a lot more, because you do have a lot more pavement in a condition where you have to come in through the side of the house. Chairman Gonzalez: Definitely. Ms. Slazyk: Also, Javier, show them the agreement that we made with the Glencoe Homeowners Association. We're providing a public access to the park -- to Steele Park behind on our property. Mr. Font: Correct. One of the things that we're doing is giving you a connection to the park back here that West Glencoe Association -- or neighborhood does not have now. They now need to come out onto Bayshore and come around, so we're giving them access to the park. We've also increased the setback for the front of the houses, seven feet, to assure that we could fit cars in front of the garages without sticking out into the sidewalk areas, if you will. Chairman Gonzalez: All right. Very good. Commissioner Spence -Jones: Lourdes -- Chairman Gonzalez: Any -- Commissioner Spence -Jones: -- I just have a -- Lourdes, the issue with -- I just -- this is a quick question. Is that the --? The garage in the back thing, is that the new urbanism thing that's going --? Is that the whole purpose of it, because I started having flashbacks when I start hearing garages in the back? Ms. Slazyk: You know what, it's -- City ofMiami Page 89 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Commissioner Spence -Jones: Commissioner Haskins, I'm sure you know what I mean by "garages in the back," but is that the new urbanism thing? Is that the reason why that was --? Ms. Slazyk: It's one of the concepts. If you can keep the cars off the street, then the street becomes more pedestrian, the front. Vice Chairman Sanchez: All right. Chairman Gonzalez: Well, you know -- Vice Chairman Sanchez: I'm prepared to move. Commissioner Haskins: And -- yeah, and -- Chairman Gonzalez: Maybe we will never need to use cars, because now we're planning to build a train that is going to cost $200 million, is that right? Ms. Slazyk: I don't know the cost. Chairman Gonzalez: Huh? Ms. Slazyk: I don't know the cost. Chairman Gonzalez: Well, $200 million on a train, so pretty soon, you know, if we find another 600 million or 800 million, maybe we won't need to have a garage because we will -- neither one of us would need a car. All right. Commissioner Haskins: And -- I mean, I think that on that street, though -- Chairman Gonzalez: Yeah, you're right. Commissioner Haskins: -- most of the houses there, the garage is in the front, so -- and so with the fact that the developer's provided the access to the park and with some of the other considerations, it certainly doesn't -- I think that there's been a lot of compromise here, so I don't think that's as important an issue, from my perspective. I'm a little bit -- with the negotiations with Tucker Gibbs and his group, you say that that's in process. Should this item be continued until that finishes? Ms. Dougherty: I don't think so, and I don't think he's asked for that either. Commissioner Haskins: OK. All righty. Vice Chairman Sanchez: All right. I'm -- Chairman Gonzalez: All right. Do I -- Vice Chairman Sanchez: -- prepared to -- Chairman Gonzalez: -- hear a motion? Vice Chairman Sanchez: I am prepared to move the item for approval, with the exception of condition 11(a)? City ofMiami Page 90 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Ms. Slazyk: 11(a). Vice Chairman Sanchez: 11(a). So move. Ms. Slazyk: And adding the -- Commissioner Haskins: And the amended conditions -- Ms. Slazyk: -- conditions. Commissioner Haskins: -- today. Vice Chairman Sanchez: And adding the conditions. Ms. Slazyk: Excellent, OK. Commissioner Haskins: Second. Chairman Gonzalez: All right. We have a motion 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. Ms. Dougherty: Thanks very much. PZ.5 06-00359Iu ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY CHANGING THE LAND USE DESIGNATION FOR THE APPROXIMATE 0.54± ACRES OF PROPERTIES LOCATED AT APPROXIMATELY 27 AND 29 NORTHWEST 34TH TERRACE AND 34 NORTHWEST 35TH STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" AND "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544, from Duplex Residential and Medium Density Multifamily Residential to General Commercial to Change the Future Land Use Map of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 27 and 29 NW 34th Terrace and 34 NW 35th Street APPLICANT(S): Adrienne F. Pardo, Esquire, on behalf of North Miami Avenue LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. City ofMiami Page 91 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 19, 2006 by a vote of 8-0. See companion File IDs 06-00409zc and 06-00359mu. PURPOSE: This will change the above properties to General Commercial for the proposed Midtown Park Major Use Special Permit. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones 12815 Chairman Gonzalez: PZ.5. Let me also ask, is there any opposition to PZ.5? Lourdes Slazyk (Assistant Director, Planning): For the record -- Chairman Gonzalez: I see no opposition. Ms. Slazyk: -- PZs.5, 6, and 7 are companion items Chairman Gonzalez: OK. Ms. Slazyk: 5 and 6 are the land use and zoning change, and PZ.7 is the Major Use Special Permit. PZ.5, which is the land use change, is for the property at 27 and 29 Northwest 34th Terrace and 34 Northwest 35th Street. The request is from duplex residential and medium density multifamily residential to general commercial. This has been recommended for approval by the Planning Advisory Board and passed by the City Commission first reading. PZ.6 is the companion zoning change. This is a request from R-2 two-family residential and R-3 multifamily medium density residential to C-2 liberal commercial. This was also recommended for approval by the Zoning Board and passed by the City Commission first reading. PZ.7 is the Major Use Special Permit. It's for the Midtown Park project. The project is going to consist of an eight -story -high mixed -use structure with 155 multifamily residential units, approximately 5,959 square feet of retail, and 1,308 square feet of restaurant, 263 parking spaces. There is one typo. It says 128 foot. The C-2 district only allows 120 feet, and their plans show 120 feet. This was just a typo, and I just want to correct it on the record so that when we finalize the legislation, we can correctly reflect they're allowed 120 feet. This has also been recommended for approval by the Planning Advisory Board, with conditions, and approval by the Planning Department, and the design -related conditions all had to do with the landscape plan and the -- and replacing certain types of palms with shade trees within certain areas in order to promote the pedestrian activity, and I believe the applicant is in agreement with the conditions, so with that, we would recommend approval. Chairman Gonzalez: All right. We had a full presentation on the first reading. You want to add anything to the -- your presentation? Adrienne Pardo: No. My name is Adrienne Pardo, with law offices 1221 BrickellAvenue. We would just request your approval on this project, and if you'd like to hear any further -- anything further, I can go into it. We have our architects and everybody's here. Vice Chairman Sanchez: Is there any opposition? Chairman Gonzalez: All right. No, there is -- is any --? OK. This is a public hearing. City ofMiami Page 92 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Anyone from the public that wants to speak on this item, please come forward. All right, seeing none and hearing none, the public hearing is closed. I asked at the beginning if there was any opposition, and I -- there was none, so I think the next step is to -- Vice Chairman Sanchez: So move -- Chairman Gonzalez: -- hear a motion. Vice Chairman Sanchez: -- with conditions. Commissioner Spence -Jones: Second. Ms. Slazyk: Well, P -- Chairman Gonzalez: OK. Ms. Slazyk: -- PZ.5 has no conditions; it's just a land use -- Chairman Gonzalez: No condition. Ms. Slazyk: -- change. Chairman Gonzalez: OK. It's an ordinance. Madam City Attorney. Julie O. Bru (Deputy City Attorney): Yes. The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. Chairman Gonzalez: Roll call, please. Ms. Thompson: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. PZ.6 06-00409zc 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-2" TWO-FAMILY RESIDENTIAL AND "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "C-2" LIBERAL COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 27 AND 29 NORTHWEST 34TH TERRACE AND 34 NORTHWEST 35TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family City ofMiami Page 93 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Residential and R-3 Multifamily Medium -Density Residential to C-2 Liberal Commercial to Change the Zoning Atlas LOCATION: Approximately 27 and 29 NW 34th Terrace and 34 NW 35th Street APPLICANT(S): Adrienne F. Pardo, Esquire, on behalf North Miami Avenue, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on March 27, 2006 by a vote of 6-0. See companion File IDs 06-003591u and 06-00359mu. PURPOSE: This will change the above properties to C-2 Liberal Commercial for the proposed Midtown Park Major Use Special Permit. Motion by Commissioner Sanchez, seconded by Commissioner Haskins, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones 12816 Vice Chairman Sanchez: PZ.6 is with conditions. Lourdes Slazyk (Assistant Director, Planning): PZ. 6 -- Chairman Gonzalez: All right. Ms. Slazyk: -- is a companion zoning change. There's no conditions on this one either. Chairman Gonzalez: All right. It's also a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Commissioner Spence -Jones: I just -- again, you know I loved the project the first time we saw it. Commissioner Haskins and I actually -- this is a project that we'll actually be kind of sharing, Linda, in the Wynwood area. It's a beautiful project. The public purpose part of it now includes a park that the local neighborhood residents from Wynwood will be able to appreciate. I would just like to put it on the record with Ms. Pardo, if you could perhaps get with my office and Linda's office to make sure because, again, you know, there's a lot of great sculptors that are in the Wynwood area that we'd love to have participate in the project somehow. Commissioner Haskins: Um -hum. Commissioner Spence -Jones: Just to make -- I mean -- Ms. Pardo: Absolutely. We will contact both -- Commissioner Spence -Jones: -- right in the heart of Wynwood. Ms. Pardo: -- offices. City ofMiami Page 94 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Commissioner Spence -Jones: OK. Vice Chairman Sanchez: So moved. Commissioner Spence -Jones: Second. Commissioner Haskins: Second. Chairman Gonzalez: All right. We have a motion and we have a second. It's also an ordinance, Madam City Attorney. Julie O. Bru (Deputy City Attorney): Yes. The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. 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. Chairman Gonzalez: OK. PZ.7 06-00359mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE MIDTOWN PARK PROJECT, TO BE LOCATED AT APPROXIMATELY 3452-56 AND 3466 NORTH MIAMI AVENUE, 20 AND 34 NORTHWEST 35TH STREET, AND 27 AND 29 NORTHWEST 34TH TERRACE, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 120-FOOT, 8-STORY HIGH MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 155 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 5,959 SQUARE FEET OF RETAIL SPACE; APPROXIMATELY 1,308 SQUARE FEET OF RESTAURANT SPACE; AND APPROXIMATELY 263 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. REQUEST: Major Use Special Permit for the Midtown Park Project LOCATION: Approximately 3452-56 and 3466 North Miami Avenue, 20 and 34 NW 35th Street, and 27 and 29 NW 34th Terrace APPLICANT(S): Adrienne F. Pardo, Esquire, on behalf of North City ofMiami Page 95 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Miami Avenue, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on April 19, 2006 by a vote of 8-0. ZONING BOARD: Recommended approval with conditions* to City Commission on March 27, 2006 by a vote of 6-0. See companion File IDs 06-003591u and 06-00409zc. *See supporting documentation. PURPOSE: This will allow the development of the Midtown Park project. Motion by Commissioner Spence -Jones, seconded by Commissioner Haskins, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0401 Chairman Gonzalez: OK. PZ.7. Lourdes Slazyk (Assistant Director, Planning): PZ.7 is the MUSP (Major Use Special Permit), and again, this one does have the modification. It's just a scrivener's error. The 128 feet, wherever it's referenced in the legislation, will be switched to 120 feet. Chairman Gonzalez: All right. This is also a public hearing. Anyone from the public that wants to address this item, please come forward. All right, seeing none, hearing none, the public hearing is closed. It's a resolution. I need a motion and a second. Commissioner Spence -Jones: So moved. Commissioner Haskins: 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. PZ.8 06-00401Iu ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY CHANGING THE LAND USE DESIGNATION FOR THE APPROXIMATE 1.64± ACRES OF PROPERTIES LOCATED AT APPROXIMATELY A PORTION OF 600 BRICKELL AVENUE AND 57 SOUTHEAST 7TH STREET, MIAMI, FLORIDA, FROM "OFFICE" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; City ofMiami Page 96 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544, from Office to Restricted Commercial to Change the Future Land Use Map of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately a Portion of 600 Brickell Avenue and 57 SE 7th Street APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of 600 Brickell, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 19, 2006 by a vote of 8-0. See companion File ID 06-00481a, related File ID 06-00481 and companion File ID 06-00401mu. PURPOSE: This will change the above properties to Restricted Commercial for the proposed 600 Brickell Major Use Special Permit. Motion by Commissioner Haskins, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones 12817 Chairman Gonzalez: All right. Let's go to PZ.8. Lourdes Slazyk (Assistant Director, Planning): PZ.8, 9, 10, and 11 are related items; 8, 9, and 10 are companion items for land use and zoning change, and PZ.11 is the Major Use Special Permit for the 600 Brickell Project. PZ.8 is here on second reading. This is a land use change for a property -- a portion of the 600 Brickell Avenue and 57 Southeast 7th Street property from office to restricted commercial. It's been recommended for approval by the Planning Advisory Board and passed by the City Commission first reading on May 25. PZ.9 is one of the companion zoning changes. This is in order to add the SD-19 designated FAR (floor/area ratio) overlay district to increase nonresidential FAR and to reduce residential FAR. This has been recommended for approval by the Planning Advisory Board for the change of land use, and the Zoning Board recommended approval on the zoning change. This passed on first reading May 25. PZ.10 is the other companion change of zoning for the SD-19 FAR district again. This is also increasing nonresidential FAR and decreasing residential FAR. It's been recommended for approval by the Zoning Board and passed by the City Commission first reading May 25. PZ.11 is the Major Use Special Permit. This is for the 600 Brickell Project. This will be comprised of several phases; two buildings, mixed -use development. They range in height from approximately 484 feet to 903 feet. The project will consist of 134 multifamily residential units, 360 hotel rooms, 17,947 square feet of retail and restaurant space, 1,915 parking spaces, and an office tower. It was recommended for approval by the Planning Advisory Board, except conditions 11(b) and (c), and the Planning Department is also recommending approval. Conditions 11(b) and (c), which the Planning Department is requesting, again, the Planning Advisory Board recommends eliminating them. They have to do with the current proposal of the ten levels of unlined parking we feel is unacceptable because it is fronting on their park and plaza that -- and also that the excess parking -- this project has approximately 3 to 400 spaces of excess parking. We believe that that should be City ofMiami Page 97 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 reduced to the urban context of the project, given its proximity to public transportation, that that's a little excessive on excess parking. Therefore, we recommend approval with these conditions, and again, the Planning Advisory Board recommended eliminating them. Chairman Gonzalez: All right. Gilberto Pastoriza: Good afternoon. Chairman Gonzalez: Let me ask, is there any opposition to these items, to PZ. 8, 9, 10, and 11? No opposition. All right. Mr. Pastoriza. Mr. Pastoriza: Good afternoon -- Chairman Gonzalez: Good afternoon. Mr. Pastoriza: -- Mr. Chairman. Congratulations to the new Commissioner. Gil Pastoriza, 2665 South Bayshore Drive. We went through a very long presentation the first go -round. Needless to say, this is a very unique project on Brickell Avenue. We have approximately three-quarter acres -- about thirty -some odd thousand square feet of public open space right on Brickell Avenue. I would like to just concentrate, ifI could, on just the differences between the staffs recommendations and what we would like, and they are very minor indeed. The staff is placing 16 conditions on this Major Use Special Permit approval. We agreed with 15.6 of those conditions. What we -- and as a matter of fact, what we would ask this Commission to do is to delete a couple of the conditions that they want us to comply. The first condition is they would like us to reduce our parking -- the number of our parking spaces. You have in the -- and I don't know whether that's also in your monitors -- a little table that I prepared with the various ratios of office space and the parking ratios for office space throughout the City of Miami and its various districts. For example, if this building was in a C-1 zone, this office building, we would require one space per 300 square feet, for a total of 3,179 parking spaces. If this building was located in an 0, which is an office district, we would be required one space per 350 square feet, for a total of 2,725 parking spaces. In this SD-5 and SD-7 district, which takes into consideration the fact that you have the Metrorail and the People Mover, the parking requirements for an office use is one space per 800 square feet, or 1,192 parking spaces. Our project is the parking ratio that we're providing is one space per 572 square feet, or 1,666 parking spaces. I would submit to you that this number of parking spaces barely meets the minimum of a Class A office building. To require less parking spaces will jeopardize the marketability of this project -- Chairman Gonzalez: Definitely. Mr. Pastoriza: -- as a Class A office building -- Chairman Gonzalez: Definitely. Mr. Pastoriza: -- so I would please ask you to consider that. The next point that I want you to consider is the use of liners. The real intent that -- of this Commission -- the vision of this Commission is to have parking structures where the activity that occurs behind the parking structure be hidden from view. Our architect will show you how we are accomplishing this. We do not have any open garages in any of our facades, number one. Number two, if we were to place liners, guess what would be at risk? The plaza. Because the only way that we could put liners on the buildings would be -- the only way that we could do that would be to broaden, and we have -- and our architect will show you some of the presentations that he's done -- but basically, what would happen is that this building would begin to encroach on the plaza, and at the end of the day, you would destroy the real beauty of this plaza because of its size and the City ofMiami Page 98 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 various components that it has. Rod, if you don't mind, please, why don't you go through the portion of the presentation that shows the garage and what we're doing architecturally to the garage facades and then the plaza, please. Rod Henderer: OK. Hi. My name is Rod Henderer. I'm an architect from RTKL (Rogers, Taliaferro, Kostritsky, Lamb) in Washington, DC (District of Columbia). Before you is a rendering of the building as depicted at night. One of the things that I'd like to point out and highlight in this rendering is the consistent treatment of the building from the top of the building to the grade -crossed parking garage. The parking garage is being treated in a very similar way as the office building, same proportions window, same wall systems, a very high -quality exterior treatment. Again, one of the features of this project is this urban plaza that we see is creating a very vibrant opportunity for a life in Miami and becoming a very successful urban space. Briefly, it's on Brickell Avenue, between 6 and 7 Street. I'll skip through this. This focuses on the plaza, and it shows the size and the dimension of this plaza. It's a very significant urban space. The plaza is roughly broken up into two zones: A hard scape zone for program public events and a garden oasis that is highlighted in the green area in the plan. These renderings show basically -- there's two renderings here that basically show the plaza design. This plaza -- this particular rendering focuses on the hard scape zone. What separates the hard scape zone and the soft scape zone is a 200-foot long water feature that basically become a significant feature, a place for people to watch people, and a very attractive feature on Brickell Avenue. Next rendering basically is standing in that garden zone looking back at the reflecting pools and a small restaurant pavilion that sits at the back of the garden oasis. This rendering basically is a rendering of the front entrance to the first phase office buildings. One of the things that I'd like to point out is the height of the base. The height of this base is 40 feet tall. In scale, that's about ten feet taller than this room that roughly estimate. Its scale is about the equivalent of a four -stories high in height. That is where the parking garage begins. Down in the urban zone is the office lobby, is restaurants, is retail. In fact, really, you could say that under the first four floors, there is really no parking garage. One of the things I'd like to also point out is the glazing pattern for the parking garage is the same as the office building. The difference is the glazing will be frosted glass so you will not see the cars behind the office building. This depicts the image as -- again, of the design at night; shows the consistent treatment from the office buildings down across the garage; shows the monumental base that's at the bottom of the building. If I could flip real quickly to this other presentation, which show the impact of the liners on the project. Right now this is how the project's designed. It's approximately a 30,000 square foot public plaza; shows the typical parking garage level. If we were to add liners to make those liners viable, we would have to add about 30 feet to either side of the parking garage. Obviously, we can't extend over the property line on the south side, so the whole development would have to scoot over to the north side. Notice how the public spaces reduce in width. It reduces from about a 30,000 square foot public plaza to about a 16,000 public plaza. I dare say that this public plaza would no longer be a plaza, but more of a landscape feature, and -- so therefore, I think -- in fact, these liners really present a challenge to us in trying to create both the public plaza as well as a -- as well as effectively dealing with the image of the garage. The other way of looking at this is one could say, well, you could raise the parking garage in the air. You notice what happens between these two slides if you were to introduce the liners as requested of the first couple floors of the parking garage that, in fact, the garage raises up considerably in height, and one of the other things that mentioned in the previous presentation is that we roughly estimate that this public plaza represents about a $10 million investment on the part of the owners and developers of this project. Part of that money is in the plaza itself. Part of it is in enhancing the parking garage as it currently stands. If we were to raise this up even higher than it is, the garage becomes higher on the skyline in Miami, but it also becomes considerably more expensive for our client. Thank you. Chairman Gonzalez: Thank you. City ofMiami Page 99 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Mr. Pastoriza: I'd just like to conclude by saying that both the Zoning Board and the Planning Board, when faced with the same issues, they both approved the project, deleting the two conditions. I urge you to please support the project, as presented, and delete the two conditions, and we're here to answer any other questions that you have. Chairman Gonzalez: All right. This requires a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. I'm going to ask the Commissioner of the district to -- Commissioner Haskins: Do you have the respective [sic] on the public plaza looking from the public plaza to the parking structure? Because the perspective you showed was like looking at the lobby, so it looked like you were looking at something. Mr. Henderer: Is this the one you're talking about? Commissioner Regalado: We don't see it. Commissioner Haskins: No. Vice Chairman Sanchez: Yeah. Mr. Pastoriza: It's not there? Commissioner Haskins: So if -- Mr. Henderer: Is this the one you're talking about (UNINTELLIGIBLE) --? Commissioner Haskins: Yes. It -- I mean -- so when you're in the public plaza and you're looking at -- you're not looking at just a wall here. Mr. Henderer: No. Commissioner Haskins: It looks like there's light here, there's activity here from -- Mr. Henderer: That's correct. Commissioner Haskins: -- that activity -- Mr. Henderer: That's correct. Commissioner Haskins: -- from this perspective. Mr. Henderer: That's correct. Commissioner Haskins: Lourdes, is that right? Ms. Slazyk: Well, it's glass, but behind it is a parking garage. It's not the -- the activity is down at the ground floor; you have your lobby, and that is active. It's glass and it's lobbies, and people come in and out, and that's what's directly at the -- for the -- that whole podium right there, that rendering, but above that, that's all cars, and I -- you know, just -- where our condition came from there had to do with you're creating -- and we agree, they're creating a fabulous open space, fabulous. Between the hard scape and the trees, it's going to be a great City ofMiami Page 100 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 space with programming for activities on Brickell Avenue, and it's a lost opportunity to not have -- and when we say habitable spaces, we don't mean residential liners. We don't even mean it has to be huge office spaces, but there's other types of liner uses; conference rooms and other things that don't need huge amounts of space that will at least have a presence of people in those spaces, and not even for the full ten stories. We're looking for two or three levels of some activity and some people, you know, an interaction with the plaza. It's a lost opportunity if they don't do it, and that's where -- Commissioner Haskins: So in this perspective here -- Ms. Slazyk: Yeah. Commissioner Haskins: -- is looking from the public plaza, there's the lobby, and then above that is the parking. Ms. Slazyk: That's parking. That's not offices. Commissioner Haskins: But from the ground level, this is what you see. Ms. Slazyk: From the ground, that's what you see. Commissioner Haskins: And this height, as you said earlier, is somewhat -- Ms. Slazyk: About 40 feet. Mr. Pastoriza: 50 feet. Ms. Slazyk: Forty. Commissioner Haskins: -- taller than -- Mr. Pastoriza: Yes. Commissioner Haskins: -- this building. Mr. Pastoriza: So you know, the first parking occurs about ten feet above what you see here now, so to the person standing in the plaza, he's going to see activity at ground level because the entire ground level is activated by -- Ms. Slazyk: Lobby. Mr. Pastoriza: -- active commercial uses or the lobbies of the various buildings. Commissioner Haskins: And the parking is disguised with glass. Mr. Pastoriza: Yes. Ms. Slazyk: Yes. Commissioner Haskins: I mean, those sorts of treatment so that -- Mr. Pastoriza: Yes, ma'am. Chairman Gonzalez: All right. City ofMiami Page 101 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Commissioner Haskins: OK. Chairman Gonzalez: Commissioner Haskins. Commissioner Haskins: I agree with the board. I think that I would be in favor of removing the condition for liners in the parking. Ms. Slazyk: So this would be to -- same as the Planning Advisory Board, removing conditions 11(b) and (c). Mr. Pastoriza: Yes. Commissioner Haskins: Yes. Ms. Slazyk: OK. Vice Chairman Sanchez: But still the glass is going to be like frosted glass where you can't see cars inside. Mr. Pastoriza: Yes, sir. Chairman Gonzalez: All right. We have a motion to approve -- Commissioner Haskins: Make a motion. Chairman Gonzalez: -- (UNINTELLIGIBLE) conditions. Do I hear a second? Commissioner Regalado: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: And we have a second. It's an ordinance. Madam City Attorney. The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. 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 is adopted on second reading, 5/0. PZ.9 06-00481a 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-5" BRICKELL AVENUE AREA RESIDENTIAL -OFFICE DISTRICT TO "SD-7" CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICTS AND "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, TO INCREASE THE NON-RESIDENTIAL F.A.R. FROM City ofMiami Page 102 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 2.25 TO 3.25 AND REDUCE THE RESIDENTIAL F.A.R. FROM 6.0 TO 3.0 FOR A TOTAL F.A.R. OF 6.25, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 57 SOUTHEAST 7TH STREET AND A PORTION OF 600 BRICKELL AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from SD-5 Brickell Avenue Area Residential -Office District to SD-7 Central Brickell Rapid Transit Commercial -Residential Districts and SD-19 Designated F.A.R. Overlay District, to Increase the Non -Residential F.A.R. from 2.25 to 3.25 and Reduce the Residential F.A.R. from 6.0 to 3.0 for a Total F.A.R. of 6.25 to Change the Zoning Atlas LOCATION: Approximately 57 SE 7th Street and a Portion of 600 Brickell Avenue APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of 600 Brickell, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval of the change to SD-7 excluding Lot 3 and Lot 7 and denial of the change to SD-19. ZONING BOARD: Recommended approval to City Commission on March 13, 2006 by a vote of 5-3. See companion File ID 06-004011u, related File ID 06-00481 and companion File ID 06-00401mu. PURPOSE: This will change the above properties to SD-7 Central Brickell Rapid Transit Commercial -Residential Districts and SD-19 Designated F.A.R. Overlay District, to increase the non-residential F.A.R. from 2.25 to 3.25 and reduce the residential F.A.R. from 6.0 to 3.0 for a total F.A.R. of 6.25 for the proposed 600 Brickell Major Use Special Permit. Motion by Commissioner Haskins, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones 12818 Lourdes Slazyk (Assistant Director, Planning): 9 is the companion. Just to be real clear for the record for the Clerk, 8, 9, and 10 are the land use and zoning changes. The one with modifications is going to be PZ.11 -- Priscilla A. Thompson (City Clerk): Thank you. Ms. Slazyk: -- so 8, 9, and 10 do not have modifications. Chairman Gonzalez: All right. This is a public hearing on PZ.9. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed. Commissioner Haskins. Commissioner Haskins: I move item 9, it is, right? PZ.9. City ofMiami Page 103 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Vice Chairman Sanchez: Second. Are there any conditions on this? There's none on this one - Gilberto Pastoriza: No. Vice Chairman Sanchez: -- right? Chairman Gonzalez: No. On 11, I think. Vice Chairman Sanchez: Oh, OK. Commissioner Haskins: Only 11. Chairman Gonzalez: I think she said -- Mr. Pastoriza: 11 has got the conditions. Vice Chairman Sanchez: 11 has got the conditions, all right. 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 Deputy City Attorney Julie O. Bru. Chairman Gonzalez: Roll call, please. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. PZ.10 06-00481 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-7" CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICTS TO "SD-7" CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICTS AND "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, TO INCREASE THE NON-RESIDENTIAL F.A.R. FROM 2.25 TO 3.25 AND REDUCE THE RESIDENTIAL F.A.R. FROM 6.0 TO 3.0 FOR A TOTAL F.A.R. OF 6.25, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 33 AND 45 SOUTHEAST 7TH STREET AND 38, 40 AND 44 SOUTHEAST 6TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from SD-7 Central Brickell Rapid City ofMiami Page 104 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Transit Commercial -Residential Districts to SD-7 Central Brickell Rapid Transit Commercial -Residential Districts and SD-19 Designated F.A.R. Overlay District, to Increase the Non -Residential F.A.R. from 2.25 to 3.25 and Reduce the Residential F.A.R. from 6.0 to 3.0 for a Total F.A.R. of 6.25 to Change the Zoning Atlas LOCATION: Approximately 33 and 45 SE 7th Street and 38, 40 and 44 SE 6th Street APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of 600 Brickell, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on March 13, 2006 by a vote of 6-2. See related File IDs 06-004011u and 06-00481a, and companion File ID 06-00401mu. PURPOSE: This will change the above properties to SD-7 Central Brickell Rapid Transit Commercial -Residential Districts and SD-19 Designated F.A.R. Overlay District, to increase the non-residential F.A.R. from 2.25 to 3.25 and reduce the residential F.A.R. from 6.0 to 3.0 for a total F.A.R. of 6.25 for the proposed 600 Brickell Major Use Special Permit. Motion by Commissioner Haskins, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones 12819 Chairman Gonzalez: All right. PZ.10 is also a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Commissioner Haskins: Move PZ.10. Chairman Gonzalez: We have a motion on PZ.10 -- Commissioner Regalado: Second. Vice Chairman Sanchez: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. It's an ordinance. Madam City Attorney. The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. City ofMiami Page 105 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Ms. Thompson: The ordinance has been adopted on second reading, 5/0. PZ.11 06-00401mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE 600 BRICKELL PROJECT, TO BE LOCATED AT APPROXIMATELY 600-680 BRICKELL AVENUE, MIAMI, FLORIDA, TO CONSTRUCT A PHASED, TWO -BUILDING MIXED -USE DEVELOPMENT RANGING IN HEIGHT FROM APPROXIMATELY 484 FEET TO 903 FEET TO BE COMPRISED OF APPROXIMATELY 134 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 360 HOTEL ROOMS; 954,756 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 17,947 SQUARE FEET OF RETAIL AND RESTAURANT SPACE; AND APPROXIMATELY 1,915 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. REQUEST: Major Use Special Permit for the 600 Brickell Project LOCATION: Approximately 600-680 Brickell Avenue APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of 600 Brickell, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions*, except conditions 11 b and 11 c, to City Commission on April 19, 2006 by a vote of 7-1. ZONING BOARD: Recommended approval of a Special Exception to City Commission on March 13, 2006 by a vote of 6-2. See companion File IDs 06-004011u, 06-00481a and 06-00481. *See supporting documentation. PURPOSE: This will allow the development of the 600 Brickell project. Motion by Commissioner Haskins, seconded by Commissioner Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0405 Chairman Gonzalez: PZ.11 is also a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none and hearing none, the public hearing is City ofMiami Page 106 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 closed. It is a resolution. Vice Chairman Sanchez: This one is a resolution with the conditions, right? Chairman Gonzalez: With the conditions. Lourdes Slazyk (Assistant Director, Planning): Yes. This is the one where you would -- Commissioner Haskins: I -- I'm -- Chairman Gonzalez: With the exception -- Vice Chairman Sanchez: So moved. Chairman Gonzalez: -- of two conditions, right? Gilberto Pastoriza: We did, yeah. Commissioner Haskins: I move PZ.11, with conditions. However, I'd like to remove conditions 11(b) and (c). Ms. Slazyk: Correct. Chairman Gonzalez: All right. Vice Chairman Sanchez: Second, as amended. Chairman Gonzalez: We have a motion and we have a second, as amended. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Mr. Pastoriza: Thank you. Chairman Gonzalez: Thank you. PZ.12 06-00085 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1720 AND 1771 NORTHWEST 33RD STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" AND "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544, from Duplex Residential and Major Institutional, Public Facilities, Transportation and Utilities to Restricted City ofMiami Page 107 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Commercial 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 Restricted Commercial. NOTE: Returned to First Reading due to incorrect notice. Motion by Chairman Gonzalez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones 12820 Chairman Gonzalez: All right. PZ.12. Lourdes Slazyk (Assistant Director, Planning): PZ. 12 and 13 are companion items. This is second reading item. The applicant is Allapattah Baptist church. This is a request for a change of land use and zoning for 1720 and 1771 Northwest 33rd Street. The request is from duplex residential and major institutional and public facilities to restricted commercial. It has been recommended for denial by the Planning Advisory Board and passed by this City Commission first reading. PZ. 13, which is the companion item, has been recommended for approval by the Zoning Board, and passed by the City Commission first reading. Vice Chairman Sanchez: All right. This is an ordinance on second reading. At this time, is the applicant ready? Carlos Gimenez: Yes, Commissioner. Carlos Gimenez, 200 South Biscayne Boulevard, and congratulations to Commissioner Haskins for being appointed today. We -- as you just heard, we're here on second reading, and frankly, we were here twice for first reading. There was a problem the first time. We had a notice issue, so we had to come back before you. We're ready to present, if you'd like us to, but we'll rest on our presentation from the previous two hearings, unless I hear otherwise. Vice Chairman Sanchez: All right. This is an ordinance on second reading. Is there anyone in opposition to this ordinance? Please step forward and be recognized. Seeing none and hearing none, the public hearing is closed, coming back to the Commission. Commissioner -- excuse me. Chairman Gonzalez: Mr. Vice -- Vice Chairman Sanchez: Mr. Chairman, you're recognized. City ofMiami Page 108 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Chairman Gonzalez: -- Chairman, I'm ready to move PZ.12. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: All right. There is a motion by the Chair, second by Commissioner Spence -Jones. The item is under discussion. Any discussion on the item? The item is on second reading. Mr. City Attorney, please read the ordinance into the record. The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. Vice Chairman Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. PZ.13 06-00085a ORDINANCE Second 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, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "G/I" 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. REQUEST: To Amend Ordinance No. 11000, from "G/I" 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. City ofMiami Page 109 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Motion by Chairman Gonzalez, seconded by Commissioner Haskins, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones 12821 Vice Chairman Sanchez: PZ.13 is an ordinance also on second reading. It's a companion item to PZ.12. Chairman Gonzalez: I'll move PZ.13. Vice Chairman Sanchez: All right. There is a motion. Is there anyone in opposition to PZ.13? It is a public hearing. Hearing none, seeing none, the public hearing is closed, coming back to the Commission for a discussion. Hearing no discussion on the item, there was a motion by the Chair. We need a second. Commissioner Haskins: Second. Vice Chairman Sanchez: Second by Commissioner Haskins, and we go to City Attorney to read the ordinance into the record. The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. Vice Chairman Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. Carlos Gimenez: Thank you. PZ.14 06-00356Iu 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 FOR THE APPROXIMATE 0.20± ACRES OF PROPERTY LOCATED AT APPROXIMATELY 3840 NORTHWEST 7TH 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. REQUEST: To Amend Ordinance No. 10544, from Medium Density Multifamily Residential to Restricted Commercial to Change the Future Land Use Map of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3840 NW 7th Street APPLICANT(S): Simon Ferro, Esquire, on behalf of Hasred Inc., Contract Purchaser and Mavicmar Inc., Owner City ofMiami Page 110 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 15, 2006 by a vote of 8-0. See companion File ID 06-00356zc and related File ID 06-00440zc. PURPOSE: This will change the above property to Restricted Commercial. Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones 12822 Vice Chairman Sanchez: All right. PZ.14 is an ordinance on second reading. Lourdes Slazyk (Assistant Director, Planning): PZ.14 and 15 are companion items, and 16 is related. PZ.14 and 15 are land use and zoning change. These are second reading ordinances. The address is approximately 3840 Northwest 7th Street. The request is from medium density multifamily residential, which is R-3, to restricted commercial C-1. This is at the end of a block that's already commercial. We have recommended approval. It's been recommended approval by the Planning Advisory Board and the Zoning Board, and passed by the City Commission first reading. PZ.16, which is a related item, is for the adjacent property. It is currently single-family residential. It's also second reading. The request is to put an SD-12 buffer overlay on it so they could use it for surface parking. It's also been recommended for approval. Commissioner Regalado: OK, Mr. Chairman. Chairman Gonzalez: All right. We had a presentation on this item before, didn't we -- Ms. Slazyk: Yes. Chairman Gonzalez: -- on the first reading? Lucia Dougherty: We have passed -- Chairman Gonzalez: You had a full presentation. Ms. Dougherty: That's correct. Chairman Gonzalez: Yes. Commissioner Regalado, you're recognized, sir. Commissioner Regalado: Thank you, Mr. Chairman. Lourdes, you may remember, and Lucia, on May 25, which was the date of the first reading, the resident spoke about the noise -- Ms. Dougherty: The generator. Commissioner Regalado: -- of the air condition, and -- Ms. Dougherty: Correct. Commissioner Regalado: -- or whatever -- or the generation -- generator unit, and of course, City ofMiami Page 111 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 the buffer -- the noise abatement and the buffer is one of the things that -- it's a must in this case because what was discussed and what we all understood is two things. One, this company is going to grow regardless of what we do, because we all knew, at that time, that a similar company had closed in Biscayne Boulevard, move on to Canada, I think, so the same business that the other company got in South Florida will be diverted to that company, so we will have the issue of parking in -- either across the street from this place, which will be the Central shopping plaza, or the dog track, or the residents around -- in front of their house, so the parking idea, to me it seems it was a logical thing to do, but there was the need to have a buffer and also the noise abatement, which was one of the major complaints of the residents. One of them is here today; I see him, so we have -- Ms. Dougherty: Would you like me to address that? Commissioner Regalado: Yeah. Ms. Dougherty: Oh. Yes. Since you -- since we had our last meeting, what we did is we enga - - and what -- the noise is coming from a generator that is behind our (INAUDIBLE). Here is Mr. Levy's house (INAUDIBLE) generator, Levy, excuse me, and this is where the generator is located. It is turned on because, as you know, emergency generators have to be turned on. It's turned on once a week, on Wednesday afternoons, for a half an hour. What we have engaged was a generator maintenance company to do two things. One is to give us a plan for noise abatement, which they have done, and they've suggested that we do a hospital grade silencer on this project, which we will do, which is a buffering -- I mean, not a buffering, but a baffling, a insulation baffling, which we will install on the generator. We've also engaged them to not turn on the generator but every two weeks for 30 minutes, so -- actually, 20 minutes, so it's like a reduction in the time that the generator would have to turn on by 50 percent, and lastly, they have suggested that we landscape around, which we agreed to do, so in combination with the landscaping, the actual providing a muffler around the generator, as well as the -- and that should give us a residential noise issue, so what they've suggested here is that -- on this letter -- currently, there's 90 decibels per -- 90 decibels is what it happens every Wednesday at -- for a half an hour. What we're suggesting is we'll do this every two weeks for a half an hour, and it'll be down to anywhere between 70 and 75, which is a residential generator -type muffle. We can't do much anything other than that. Although -- let me just tell you this. After -- and this was, again, a rezoning of this site to commercial, and this to residential -- to leave it residential with an SD-9 overlay so we can park. On our phase II, we will be actually building a garage here, and we can actually relocate the generator into that garage in connection with our development, so if this solution doesn't work, we'll relocate the generator. Commissioner Regalado: OK. That's one of the issues that were discussed here, and one of the, you know -- Ms. Dougherty: Yes, and the other issue -- Commissioner Regalado: -- things that -- Ms. Dougherty: -- of course is -- Commissioner Regalado: -- do bother the resident, and -- Ms. Dougherty: No. Commissioner Regalado: -- they are right on this issue. Ms. Dougherty: You know, we've had this generator here for five years. This is the first time City ofMiami Page 112 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 we've heard about it, so we would have addressed it earlier had we ever heard a complaint from anybody about the generator, so as soon as we heard about it -- Commissioner Regalado: Well -- Ms. Dougherty: -- we engaged a sound attenuation expert, and we think that we could solve the problem. Commissioner Regalado: -- the people think that they have to get used to bad things, but they don't -- Ms. Dougherty: No. We agree. Commissioner Regalado: -- and -- as a matter of fact, on the next Commission meeting, we will have -- and Mr. Chairman, this is important for your area, so as the area we share and the residents. We will have a full report on finally the noise abatement committee ofMiami International Airport. I remember that I began attending that in 1997, and ten years after, we will have a new flight plan going over the west, especially the cargo planes over your area that leaves in the early morning hour, which, by the way, they go by my home and by your home, and Shenandoah, so you know, noise, it's very disturbing, and if that thing doesn't work and you can -- Ms. Dougherty: Relocate. Commissioner Regalado: -- move -- relocate the generator, you know, within an enclosed structure -- by the way, there is a restaurant on -- near US 1 and 17th Avenue, the pizza -- Ms. Dougherty: Right. Commissioner Regalado: -- place that has an industrial generator -- Ms. Dougherty: Right. Commissioner Regalado: -- and it is enclosed, completely enclosed, and you can barely, barely hear when it's working, so -- Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. Commissioner Regalado: Anywhere. Chairman Gonzalez: Anywhere. Commissioner Regalado: Anywhere. Chairman Gonzalez: Anywhere. Roy Levi: Well, there's two people standing there. Chairman Gonzalez: That one is closer to you. Mr. Levi: I'm sorry. My name is Roy Levi. I live at 3889 Northwest 6 Street. My property is the one most affected by this change. I don't quite understand what's happening right now because you've got three different items -- City ofMiami Page 113 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Commissioner Regalado: Yours is the -- Mr. Levi: -- putting it together. Commissioner Regalado: -- third one. What we're doing now is facing 7th Street; yours is number 16. That would be -- Mr. Levi: 14 is the one now, isn't it? Commissioner Regalado: No, 14 and 15 are facing 7th Street across. Mr. Levi: That's on 7th Street, 3840 Northwest 7th Street -- Commissioner Regalado: Right -- Mr. Levi: -- is my understanding. Commissioner Regalado: -- and then yours -- your issue is 600 Northwest 38th Court. Mr. Levi: Yeah. I'm right next -- I'm right -- almost -- Commissioner Regalado: Yeah, yeah, I know -- Mr. Levi: -- (UNINTELLIGIBLE) to the commercial. Commissioner Regalado: -- exactly where -- Mr. Levi: We're right there, and -- Commissioner Regalado: But I mean, I was saying if you want to comment now or later because we're doing the Northwest 7th Street. Mr. Levi: OK. I can speak at both of them, I imagine. Commissioner Regalado: Go ahead. Mr. Levi: The reason we had no -- I must apologize. I learned over the years not to complain about things happening in the neighborhood. I know that maybe I spoke too generally about it, but they did it one time. I imagine Building and Zoning, or whoever it was, had -- with the police department -- come out and plastered abandoned cars all over my windows, or rather, the driver side window of the two cars that we drive -- my wife and I drive -- everyday. It caused my wife a great deal of stress, and I think that day, ifI could have possibly had a heart attack, that would have been the day. I called different people at the Building and Zoning, and it seemed to make no difference to them, so that's one of the reasons. Anyhow, talking about the commercial property on 7th Street, there's no telling what's going to be put in there. Nobody has said to us or to you what kind of building was going up. I'm sure you know restrictions, what they can go up with and how much they can put in there, but going to commercial -- I know better than to complain anymore. My wife passed away, so I don't have to cause her any more stress by my going against this development, so there's no problem there. She really got stressed out about it, so -- and our cars were not abandoned, and so it's a hard situation, so I'm against the construction. It's going to be more traffic. The character of our -- quality of our life will, of course, deteriorate a great deal, like it has now with this generator that goes off regularly at an irregular time. It doesn't always go at the same time. Now she's City ofMiami Page 114 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 probably right -- the lady's right that it did go off yesterday between 3 and 4 or 2 and 3, one of the hours, but since the last meeting, it has gone off at least once, to the best of my knowledge. I didn't put the time down, but it has. If they put the new building in, whatever it's going to be - - it's commercial. You're zoning it commercial -- it's going to be a hazard. It's going to be more traffic, more parking problems, and the same thing that's happening now, they're going to grow. The most influential thing that they're doing is they're making money, which is great, but they want more money and more money and more money, and so pretty soon, they gobble up our neighborhood, single-family dwelling. I'm the only single-family dwelling in the neighborhood. Others have added onto their property, but it doesn't show on the tax rolls, so I'm the single-family dwelling. I'm the one that's very important to me that we keep this property a single-family dwelling -- I mean, a commercial, that we keep it like it is. You have beautiful property, a beautiful building on the property, and I'm against this new progressive attitude, so thank you very much for your time. I appreciate -- Chairman Gonzalez: Thank you, sir. Mr. Levi: -- you listening. Chairman Gonzalez: Thank you. Anyone else from the public? Yes, ma'am. Diane Levi: Good afternoon, council members and chairperson. My name is Diane Levi. I live at 3871 Southwest 13th Avenue, in Naples. I am the youngest of Roy Levi's children, and I am here to speak about the rezoning of all the properties that are going on. At 38th Court, 7th Street, also at -- I think it's 14, 15, and 16 are the rezonings that you're doing. My father lives at 3889 Northwest 6th Street, and I support his opposition to the expansion of Hasred, Inc. The last meeting in -- May 25, a history and background of Dr. Harris, the owner of Hasred, Inc., was given. I'd like to give you one of my father's. My father was a World War II veteran. He served in the United States Marine Corp. and the Pacific Theater, and when he got home, through the GI Bill, he attained a bachelor's degree in business from the University of Chattanooga. Moving from Chattanooga with his wife, Elizabeth, and their first child, Debra, he soon found work with the City ofMiami as a firefighter. In '59, the Levi family moved to 3889 Northwest 6th Street, so they've been there quite a long time. My father held down two jobs to support his growing family. One of his other jobs was as a substitute teacher in many of the schools in the area, Kinloch Park Junior High, Kensington, and Miami High. He was also a boy scout leader for Troop 29, and he influenced many, many young minds. My father's a hard worker, which gave his children the ability to attain college degrees. My parents also instilled in us good work ethics. After my father retired from the City, he became even more active in his community. He joined American Legion Post 98 and was a volunteer at the VA (Veterans Affairs), helping those veterans in need. With the American Legion, he has played an active leadership role. Presently, as its commander, he helps the ROTC (Reserve Officers' Training Corps) units at Miami Senior High in Coral Gables with donations to help run these programs. He is also an active member in his church and helps those not as fortunate as himself. Although my father became legally blind due to macular degeneration, he continues to be independent. He rarely asks for our help, but he rarely needs it. His relationship within the community is contingent upon his remaining in his neighborhood that he has contributed to for over the last half century. Now in the matter about the generator that was discussed at the last City meeting, the business behind my father on the corner of 39th Avenue and 7th Street is manned 24 hours a day, 7 days a week, 365 days a year. I think it does the pharmaceutical studies for companies, you know, where they do the blind studies and people come in for testing. The power generator is the large capacity supplied by a diesel fuel tank, so when power fluctuates, the generator kicks in, so there's never any brownouts; there's never any blackouts, so when you see your clock blinking, that generator's just gone off, OK. It is very loud, and if you went through the hurricane last year -- and we had a year -- a week without power -- and you have the windows open and that thing's going off 24 hours a day, 7 days a City ofMiami Page 115 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 week for a whole week, it's very hard to sleep. I guess they've looked at the problem and are thinking about ways to address it, but would hope the council will vote against the change in the zoning just as a measure to ensure that Hasred, Inc. does something before the construction begins, and there's no way we can kind of stall the changes that are going on. My last question is about expansion of Hasred, Inc. On the properties at 3885 Northwest 6th Street and 600 Northwest 38th Court, they're being rezoned for additional parking for the existing business. The question is with the planning of the new building on 38th Court and 7th Street, where will these future additional employees park? Expansion of Hasred, Inc. is inevitable, but at what cost? Will Hasred, Inc. eventually take over the whole block? How will this impact my father? Will expansion of Hasred, Inc. relocate my father from an area where he's lived the majority of his life? He has his home, with familiarity, security, and at a central locality to the city, and most of all, has memories of a lifetime. It seems the Commission has chosen commercial expansion over the needs of a few residential properties owners left, and the contributions my father's made over a lifetime for this community can find no compensation through the representatives of the City. I'm sorry. Chairman Gonzalez: Thank you very much. Madam City Clerk, we're going to start clocking the speakers because I think you can make your point -- right, two minutes. All right. Anyone else from the public that wants to speak on this item? Please come forward. Ms. Dougherty: This is my client. Stuart Harris: Hi. I'm Dr. Stuart Harris, one of the principals at Hasred, Inc. I talked before the Honorable Commission previously. I'll try to be very, very brief. From the outset of our project -- this goes back five years ago when we remodeled and installed the generator that Mr. Levi mentioned -- Mr. Levi was a opponent to us expanding our business on Northwest 7th Street. At that time, we talked about putting the cur -- up the current parking lot -- can we see that, Lucia? He was concerned because he thought we would build a building that would obstruct his view where we have our parking lot, and we also proposed a six-foot privacy wall that was required by Code, and he objected to that and said he wanted a perforated wall so that he could see through the wall and not have anything block his view. The City granted us special permission to build a perforated wall, which we did. I think we have a picture of that wall. You can see (INAUDIBLE) -- Chairman Gonzalez: You need -- sir, you need to speak on the mike. Mr. Harris: You can see that the wall is fully perforated. His property is somewhere about here, and the generator is over here. It's actually catty -corner to his property, not against it. We also never built any structure behind his property. In our current plan -- and she's showing you the rendering of the new building, which is a small building that will have its own parking garage beneath it, does not block his property. We have also, at the request of the City, put no signage on our building. We also do no recruiting at the facility. We do it off -site so all the in and out traffic does not come to that facility. Our need, as we said, is for our own employees who work on shifts to have a place where they can safely park their car convenient to the facility, and I would say that of all the businesses, retail and commercial, along 7th Street, between say 17th and Le Jeune, we are by far the quietest, least obtrusive, and architecturally, you know, appropriate building. Thank you. Chairman Gonzalez: Thank you, sir. All right. Anyone else from the public? Seeing none, hearing none, the public hearing is closed. Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. Definitely, there is need everywhere for parking, and if we don't have parking onsite, employees will be told by their bosses to go park somewhere. We have this same situation all along Northwest 7th Street, all City ofMiami Page 116 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 along Flagler, all along Coral Way, all along Southwest 8th Street. For the residents around those corridors, the days are really difficult because some people do park in front of the driveways. In fact, as we speak now, Miami Parking Authority is trying to do a study in Coral Way to see if we can resolve the problem, even fights, fistfights of people with clients of a County building on Coral Way and 22nd Avenue, so having said that, it is important to have a place to park for the people to protect the residential area, so I'll move again the recommended by the Planning Department approval, and move PZ.4 [sic] for approval. Chairman Gonzalez: All right. We have a motion on PZ.14. We need a -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- second -- and we have a second. Discussion. No discussion. It's an ordinance. Madam City Attorney. The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. 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.15 06-00356zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 25 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3840 NORTHWEST 7TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from R-3 Multifamily Medium -Density Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 3840 NW 7th Street APPLICANT(S): Simon Ferro, Esquire, on behalf of Hasred Inc., Contract Purchaser and Mavicmar Inc., Owner FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on April 24, 2006 by a vote of 7-0. See companion File ID 06-003561u and related File ID 06-00440zc. City ofMiami Page 117 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 PURPOSE: This will change the above property to C-1 Restricted Commercial. Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones 12823 Chairman Gonzalez: PZ.15 is also a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed. Commissioner Regalado. Commissioner Regalado: Yes, Mr. Chairman. For the same reason, the same issue, I'll move the Planning Department recommendations on second reading, PZ.15. Chairman Gonzalez: All right. We have a motion -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. It's also an ordinance. Madam City Attorney. The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. 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.16 06-00440zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 34 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY RESIDENTIAL TO "R-1" SINGLE-FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3885 NORTHWEST 6TH STREET AND 600 NORTHWEST 38TH COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from R-1 Single -Family Residential to R-1 Single -Family Residential with an SD-12 Buffer Overlay District to Change the Zoning Atlas LOCATION: Approximately 3885 NW 6th Street and 600 NW 38th Court APPLICANT(S): Simon Ferro, Esquire on behalf of Hasred, Inc. City ofMiami Page 118 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on April 24, 2006 by a vote of 5-2. See related File IDs 06-003561u and 06-00356zc. PURPOSE: This will change the above properties to R-1 Single -Family Residential with an SD-12 Buffer Overlay District. Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones 12824 Chairman Gonzalez: PZ.16 is also a public hearing. Anyone from the public that wants to speak on this item, please come forward. Madam City Clerk -- Roy Levi: My name is Roy -- Chairman Gonzalez: -- would you set the clock, please? Priscilla A. Thompson (City Clerk): Yes. Mr. Levi: I'm sorry. Chairman Gonzalez: Go ahead, sir. Mr. Levi: My name is Roy Levi. I live at 3889 Northwest 6th Street. This is regarding the two houses that are exactly east of me at 3885 Northwest 6th Street and 600 Northwest 38th Court. They say this is for a parking lot, and perhaps, for a while, it may be, but I have a feeling that it'll eventually turn commercial, but you still got four houses on the block, and we're going to -- we just getting there and we're getting saturated by these parkings. Traffic, of course -- we have young children in the neighborhood now, and I think that's fantastic, but we also have a hazard of these people parking on these parking lots. They have to come in off of 6th Street or whatever they have to come off of, but it's going to be a hazard, and I have to listen to them driving in and out; have to have the noise from the parking garage. They spoke last time we were here that Flagler Dog Track wasn't interested, but I went by -- I think it was yesterday morning and -- to catch the bus, and there were buses parked out there, and I imagine they were at Flagler Dog Track. It seems like some of these builders, whatever it is, if it's green, they want to pave it, and in my lot, I've got, I think, around 14, 15 trees, brushes and shrubbery, and it's -- it helps the neighborhood to soften the impact of concrete pavement. If it's green, it seems like they want to pave it, and put a building up on it, and then make it a high-rise. You know, I'm against this. Central shopping plaza is right across the street. It's difficult for them to walk over there. At one point in time, I didn't complain about it. I used to walk it, and I have a cane that I get across the street on 7th Street and I go down 39th Avenue, which is where they park, and they have cleaned their act a little bit. They used to park and they go almost all the way up to the fence around their parking lot on 39th Avenue, but they've cleaned it up. Now they park in the curbs on the corners. Yesterday I noticed it. Quite effectively they've parked on 6th Street and 39th Avenue, and they park around the curb. It's so totally inappropriate. If you're going to park in the residential neighborhood, park where you're supposed to, not in the curb where people driving their cars cannot see where they -- what's oncoming. He keeps -- he's not, you know, a pristine neighbor. They're nice. I guess, they're nice. They've been talking nice, but they're not pristine, and it's -- to have these two houses, City ofMiami Page 119 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 which they're very nice. They were single-family dwelling, and I come to find out the one on the corner, 600, had added about, I would guess, 1,000 square feet to his house, and I didn't even notice it. They covered it in shrubbery, so -- Chairman Gonzalez: All right. Mr. Levi: -- that was it. Chairman Gonzalez: Thank you, sir. Mr. Levi: Thank you so much for your time and I appreciate it. Chairman Gonzalez: Thank you for being here. Anyone else from the public that wants to speak on this item? All right. That concludes the public hearing. Lucia Dougherty: I just wanted to remind the Commissioners that this parking lot is not as -of -right. We have to get a special exception to be able to use the single-family lots. We're not rezoning them to commercial, so there can never be a commercial use on it. The only thing that the City is allowing us to do is to put -- but we have to do so through a special exception, which requires a 20-foot landscape buffer on 38th. It also requires us not to be able to enter from the single-family side. You have to enter from 7th Street, so there will be no traffic on 38th. All of the parking has to enter from 7th Street, and there is this fully -- 20-foot landscape buffer and a wall around it. We do have a rendering of the proposed building. Chairman Gonzalez: Put it over here. Ms. Dougherty: Oh, I'm sorry. Lourdes Slazyk (Assistant Director, Planning): And also, that special exception does have to come back to the City Commission for approval, so at that time, if the Commission wanted to impose any additional conditions about buffering or screening or generators, it will come back to you. They can't use it unless you approve it. Chairman Gonzalez: Very well. Commissioner Regalado: Thank you. Chairman Gonzalez: All right. It comes back to the Commission. Commissioner Regalado: Thank you, Mr. Chairman. I -- again, for the same reason -- and by the way, I understand the complaints of the residents because people do park in the wales; people do go over the sidewalks, and the problem with the dog track, if they were to rent part of the parking, which they could eventually, is that this building works 7 days a week, 24 hours a day. Now the Flagler Dog Track does their flea market on Saturdays and Sunday, so they won't rent the parking on those days, and people or employees will have to go find parking in the residential areas. Then there is a issue of the next general election in seven -- in 207 [sic]. The jackpot machines will be back on the ballot, and of course, if people were to approve, Flagler Dog Track will do major construction as Calder is doing now, if the people were to approve that, so that parking possibility is very unstable, and I am at least comfortable on the fact that this is not a rezoning. This is just a permit to park. They -- you guys cannot build there like a condo tower or something like that. It's just a parking -- it's either a parking with a buffer or goes back to residential, so I'll move PZ.16 for approval on second reading. Chairman Gonzalez: All right. We have a motion on PZ -- City ofMiami Page 120 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Commissioner Spence -Jones: Second. Chairman Gonzalez: -- 16. We have a second. It's an ordinance. Madam City Attorney. The Ordinance was read by title into the public record by Deputy City Attorney Julie O. Bru. Chairman Gonzalez: Roll call, please. 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. Ms. Dougherty: Thanks very much. PZ.17 06-00396Iu 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 3921 WEST FLAGLER STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" AND "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544, from Medium Density Multifamily Residential and Single Family Residential to Restricted Commercial to Change the Future Land Use Map of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3921 West Flagler Street APPLICANT(S): Ben Fernandez, Esquire, on behalf of Premier Management and Investments Company, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 1, 2006 by a vote of 6-1. See companion File ID 06-00396zc. PURPOSE: This will change the above property to Restricted Commercial. Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones City ofMiami Page 121 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 12825 Chairman Gonzalez: All right. PZ.17. Lourdes Slazyk (Assistant Director, Planning): PZ.17 and 18 are here on second reading. This is a companion change of land use and zoning. The property is 3921 West Flagler Street. The request is from medium density multifamily residential and single-family residential to restricted commercial. The Planning Department had recommended denial. It's been recommended for approval by the Planning Advisory Board and a recommendation of denial by the City Commi -- the Zoning Board, I'm sorry. That was a motion to approve that failed by a vote of 3/4. Since it did not have the required five votes, it ended up a recommendation of denial. The City Commission approved this on first reading, where the applicant had proffered a covenant, in order for us to review the covenant and the plans between first and second reading. We have the covenant now. The covenant proffers that the applicant will provide a liner of townhomes along Northwest Flagler Terrace. They also agreed to a maximum height of any development within the first 25 feet from Flagler Terrace to be 35 feet in height, and for the following 25 feet shall not exceed 60 feet in height. The applicant did not include in this covenant tying themselves to a particular set of plans or agreed to go through any further design review. When we did design review on these plans, we still had some outstanding comments, so we would say that it probably really doesn't go far enough yet, and we don't recommend approval. Our recommendation of denial continues. Chairman Gonzalez: All right. Ben Fernandez: Good afternoon. Chairman Gonzalez: Is there any opposition on this item? All right. I see no opposition. Mr. B. Fernandez: Thank you. Chairman Gonzalez: Good afternoon. Mr. B. Fernandez: Good afternoon, members of the board. Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of Premier Investments, the property owner. With me is Mr. Carlos Gil, principal of Premier Investments. This is, of course, second reading. We've gotten a favorable recommendation on this application from the Planning Advisory Board. This is a major roadway. We have everything around the property is zoned -- is already zoned commercial or office, and that's what this exhibit here shows. The colors that are in red or orange represent commercial or office zoning districts, and so the -- everything from 37th to 42nd is that way. This would be the only property that isn't zoned that way. That, in and of itself we believe is reason enough to approve this application. We have proffered a covenant that will ensure compatibility and create a townhome liner along Flagler Terrace, as you see here in the middle. That's what the project -- property looks like now, so we're here to answer any questions that you have, and we hope that you approve our application. Thank you. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Commissioner Regalado, this is your district. Commissioner Regalado: Thank you, Mr. Chairman. I think that one of the issues that concerns everyone is what happens on the residential street on the back of a major development on a commercial or a preferential corridor. This has been the pattern in Coral Way or in Northwest 7th Street, but especially in Coral Way because Coral Way has residential street on both sides, and what has been the pattern is that, number one, no exit from the parking garage of the apartment building on the residential street, and number two, the town City ofMiami Page 122 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 houses, to keep the ambience of residential in that area. To me, that is what this project offers. What is there now is something that is out of context with what is going on right across the street, one block, two blocks, and three blocks from that same address in Le Jeune and in Flagler Street, and we can either, you know, leave it like that and it really looks out of context, but if we have this project, and especially, the town houses facing Northwest Flagler Terrace, this project will be in line with what we have now already in Le Jeune and in Flagler Street and 40th Avenue and Flagler Street and 42nd Avenue, so I'll move for approval PZ.17 on second reading. Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. We have a motion and we have a second on PZ.17. It's an ordinance. Madam -- I'm sorry. Mr. City Attorney. Don't change your roll on me that fast. The Ordinance was read by title into the public record by the City Attorney. Jorge L. Fernandez (City Attorney): And Mr. Chairman, before you take a vote on this, we need the record to be clear as to whether the Commission is accepting, in passing this item, the covenant as proffered, or whether the issues raised by staff -- Commissioner Regalado: The covenant as proffered. Mr. Fernandez: Covenant as proferred. That's clear. Thank you. Chairman Gonzalez: All right. 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.18 06-00396zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 32 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY RESIDENTIAL AND "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3921 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. REQUEST: To Amend Ordinance No. 11000, from R-1 Single -Family Residential and R-3 Multifamily Medium -Density Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 3921 West Flagler Street APPLICANT(S): Ben Fernandez, Esquire, on behalf of Premier Management City ofMiami Page 123 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 and Investments Company, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial upon a motion to approve, which failed to City Commission on April 24, 2006 by a vote of 3-4, requiring five (5) favorable votes. See companion File ID 06-003961u. PURPOSE: This will change the above property to C-1 Restricted Commercial. Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones 12826 Chairman Gonzalez: All right. PZ.18 is also a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. I'll move PZ.18 for approval on second reading. Lourdes Slazyk (Assistant Director, Planning): And -- Vice Chairman Sanchez: Second. Ms. Slazyk: -- for the record, this is the one where the covenant is -- it would be accepted. Commissioner Regalado: OK, with -- Chairman Gonzalez: All right. Commissioner Regalado: -- the covenant proffered by the developer. Chairman Gonzalez: All right. We have a motion and we have a second. It's also an ordinance. Mr. City Attorney. The Ordinance was read by title into the public record by the 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. Chairman Gonzalez: All right. Ben Fernandez: Thank you very much. PZ.19 05-00652 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING City ofMiami Page 124 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 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; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3690 SW 23rd Terrace [Commissioner Tomas Regalado - District 4] 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. Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, to continue Item PZ.19 to the Commission meeting currently scheduled for July 27, 2006. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Commissioner San -- yes, Commissioner Regalado. Commissioner Regalado: We did defer item PZ.19 on the first reading. It's a change of zoning from duplex to restricted commercial near 37th Avenue, and we ask that the residents met with the developers and come back, but as of today, I am -- I have not been briefed by the Administration because we understand that the Administration requested, at that time here, some new plans, but I have not been briefed. Chairman Gonzalez: So you -- Commissioner Regalado: This is in -- Chairman Gonzalez: -- want to defer PZ.19? Commissioner Regalado: I would like to defer this, because I cannot talk to any of the parties - Chairman Gonzalez: That's correct. Commissioner Regalado: -- and -- City ofMiami Page 125 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Lourdes Slazyk (Assistant Director, Planning): 19 and 20. Commissioner Regalado: -- it's becoming a little uncomfortable -- Vice Chairman Sanchez: Which one? Commissioner Regalado: -- because I'm a little confused -- Ms. Slazyk: 19 and 20. Commissioner Regalado: -- on this item. Chairman Gonzalez: All right. Commissioner Regalado: It's -- Chairman Gonzalez: We have a motion to defer PZ.19 and 20. Ms. Slazyk: And 20 is the companion item. Would this be for the July PZ (Planning & Zoning) meeting? Commissioner Regalado: Yes. Jorge L. Fernandez (City Attorney): Yes. Chairman Gonzalez: PZ.19 and 20 for the July, second Commission meeting. All in -- we need a second. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Any items that the Administration may want to defer? Joe Arriola (City Manager): No. Chairman Gonzalez: No? Very good. PZ.20 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. City ofMiami Page 126 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 LOCATION: Approximately 3690 SW 23rd Terrace [Commissioner Tomas Regalado - District 4] APPLICANT(S): Santiago D. Echemendia, Esquire, on behalf of Cinco M's Corporation and Rincon Argentino, Inc. 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. Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones A motion was made by Commissioner Regalado, seconded by Commissioner Sanchez, and was passed unanimously, to continue Item PZ.20 to the Commission meeting currently scheduled for July 27, 2006. PZ.21 05-01230 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 7205 NORTHEAST 4TH AVENUE, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "GENERAL COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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 7205 NE 4th Avenue APPLICANT(S): Lucia A. Dougherty, Esquire, on behlaf of 7205 Holdings, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on October 19, 2005 by a vote of 5-1. See companion File ID 05-01230a. PURPOSE: This will change the above property to General Commercial. City ofMiami Page 127 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado A motion was made by Commissioner Spence -Jones, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to deny Item PZ.21. Chairman Gonzalez: PZ.21. Vice Chairman Sanchez: Congratulations. Lourdes Slazyk (Assistant Director, Planning): PZ.21 and 22 are companion items. This is for the property located at 7205 Northeast 4th Avenue. The request here is from industrial to general commercial for the land use change, and PZ. 22 is the zoning change from I (Industrial) to C-2. The Planning Advisory Board has recommended approval and the Zoning Board has recommended approval, but the Planning Department continues to recommend denial. This property is in an industrial zone. It is out of context to introduce the general commercial classification, and we continue to recommend denial. Vice Chairman Sanchez: All right. Madam Director, what item is this? Jorge L. Fernandez (City Attorney): 21. Ms. Slazyk: PZ. 21 and 22. It is the 7205 Northeast 4th Avenue request for land use and zoning change. Vice Chairman Sanchez: All right. This is an ordinance on first reading. Madam Applicant, you're recognized. Lucia Dougherty: Thank you very much. Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm here today with my client, the principal and owner of the property, Selig Sacks. The property is located in an island that is surrounded by rail. It is currently zoned industrial, and I'm just pointing to it right here, and it is adjacent to C-2, which is right here, and that's what we're asking for. We're asking for it to be zoned C-2, which is the next category after industrial. The reason we're doing that is because we are asking to introduce a residential component. Right now, under industrial, you can have no residential. What we're asking to do is to introduce a work/live component and to recycle an existing building. In other words, right now there is a 128 linear foot warehouse product on there, currently there is, and it's 178,000 square feet inside, and what we had suggested is that what we would do is have a live/work component, meaning that you could have working downstairs and living upstairs, and to show you the recycling of this existing building, which is a warehouse building currently, as I said. The purpose of this, we believe, is to recycle a building that is pretty much out of date. It is no longer a building that warehousing -- that we used to know, when the garment industry was in full force and effect in Miami, before NAFTA (North American Free Trade Agreement). The garment industry was something that was located here and many other places in the district, but we believe that introducing residential in this area and introducing a small component -- and when I say that, one thing you need to be aware of is that we can't do this as of right. We still have to come back for a special exception, meaning you get to approve the project, and this is the project that we're suggesting, a work/live project, so we can't do it as of right. This is something that we would have to come back to you anyway for. We're not asking for any more height than is currently allowed or any more FAR (floor area ratio) than is currently allowed under the industrial zoning. The purpose, though, is to introduce this living component so that people who have businesses in the area feel more comfortable having and introducing and bringing more businesses to the area. Having eyes on the street, which is the whole issue that City ofMiami Page 128 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Miami 21 has, bringing people, as a 24-hour district, will make it much more comfortable, for example, for Van Teal Lighting to attract more of its employees here. There is a bakery -- this slim and -- Slim and Soft Bakery. That bakery exists in one of these warehouse -- not in ours, but in a different one. He says, I would love to be able to work downstairs and be able to live upstairs and not have to pay two different rents, and I'd have the ability to actually have eyes on the streets in the evening. There are other ones who say that -- Van Teal Lighting is one and another business -- I'm trying to think of what it was now -- Weatherall (phonetic), that said that, you know, I can attract better employees; I can attract more employees; I'd feel more positive about expanding my business ifI knew that there were people there 24 hours a day. Selig Sacks is my client. He'd like to say a few words. Selig Sacks: Well, thank you. Since we were first -- our hearing was initially in January and was postponed. The Commissioner had asked that we really reach out and speak to members of the community, which we have been attempting to do, and some of whom you will hear from today. Two of our existing tenants that Lucia has mentioned, one, for example, is an existing tenant, Slim and Soft, they manufacture sandwich bread, which they distribute throughout the company. The owner of that business, Mr. Retondaro, who actually spoke on behalf of our project at the Upper Eastside/Little Haiti session ofMiami 21, as Lucia Dougherty has mentioned, would love to be able to live in the project, as well. Another one of our current existing tenants, Delta Printing, while they themselves would not want to live there, they would want to use the space for additional offices. They think having a live component in the area will effectively make it a more wholesome environment. We dead-end, and effectively, unless we were going to construct tall fences around the entire perimeter, we would not be able to control successfully and have not been able to control successfully, even with a full-time property manager, what happens in the property itself particularly during the evening. Our goal is not to create fences, but to create a neighborhood, and our neighbors, Van Teal Lighting, Weatherall (phonetic), those owners have each testified in favor of the project themselves. In fact, Van Teal has an intern program with DASH (Design and Architecture Senior High), where some of their students come as designers, and they work with them in their lighting design. The Van Teals and I believe that the type of additional small businesses that we will attract to this location would be perfect candidates for continuing and enhancing the interim programs with DASH and with other schools in the area itself so what we are thinking about is 70 or so small businesses, people today who are having a hard time, perhaps, staying in Miami and being able to pay their rent and also the rent to live and to work. It allows them to consolidate their position and work and live in the same place, and I will say the emphasis here is work. We would be creating additional jobs. The live component is only and entirely ancillary to the work component, and we would covenant with the land that, indeed, the only residential component we would have here would be ancillary to and with the work itself. Through the Commission's efforts, I have met with Bennet Pumo and others, and I think we can preserve the industrial nature of our district and bring in other jobs an other opportunities if we allow this type of additional use in this property. I have R-3 on three and a half of my sides. We're at the upper end, if you will, of the Little River industrial district. This, I think, allows us an opportunity to kind of unify us with the communities to the west, as well as to the communities to the east, and to create additional jobs for the area, which I am very committed to, and I have been working and meeting with different organizations in the community to see that as much of the work as possible that will happen in terms of the renovation -- this is not redevelopment; it's renovation -- will involve local businesses, local contractors, local suppliers, and also with my tenants, as well, I will try to encourage and increase that dialogue that we have begun. Ms. Dougherty: And I think that -- and throughout the hearing -- Priscilla A. Thompson (City Clerk): I'm sorry. City ofMiami Page 129 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Ms. Dougherty: -- we had at least 20 people come and support this project, and the folks who are here today are not the same folks that we had coming at those other hearings. Ms. Thompson: I'm sorry, Lucia. Can I please have that name -- Ms. Dougherty: Oh, I'm sorry. Ms. Thompson: -- for the record? Mr. Sacks: I'm sorry. Selig Sacks, 1662 Lincoln Court, in Miami Beach. Ms. Thompson: Thank you. Vice Chairman Sanchez: OK, Madam Applicant, are you done, or are you going to --? Ms. Dougherty: Yes, sir. Vice Chairman Sanchez: OK, you're done. All right. The Administration has already stated their recommendation, so at this time, it is open to the public. Sir, we need for you to state your name and address, and I'll give you -- Bennet Pumo: I just have this to read here. That's all. Vice Chairman Sanchez: How long is that going to take -- Mr. Pumo: One page. Vice Chairman Sanchez: -- you to read? Mr. Pumo: That's it. Just this little front page. Vice Chairman Sanchez: All right. Mr. Pumo: Everything else you have in your package. Vice Chairman Sanchez: Thank you. You're recognized. Mr. Pumo: My name is Bennet Pumo. We have the Pumo industrial warehouses throughout the area, and we're impacted in Selig Sacks' area, as well. One of the things we have to discuss is -- real quick, before I get into my package here, the work/live that they're proposing is very nice. The problem is Weatherall (phonetic), the printer, the bakery, and Van Teal cannot go to C-2. Their properties could never exist in C-2, as well as some of the occupants in Selig's building could never occupy C-2; they need I-1. The project is very nice, but let me go on to what I had scripted. Our old Code 11000 was written before work/live and live/work occupancy components were in existence. Since 11000's first writing is 9500, it just omitted all residential from its industrial zone. Today, many cities around the country have adopted work/live in their industrial zones and then allowed work/live and live/work in the liberal commercial and mixed -use zones. The City ofMiami is trying hard with Miami 21 to bring building occupancy, its uses and redevelopments to forefront to enhance districts and rehabilitate neighborhoods. The idea is not just to preserve the job base, but create more and enhance jobs and afford business opportunity for our residences. Today, the petitioners are here with their request to ask this Commission to first downzone needed lands for business industry and then to venture into spot zoning, which is illegal. They wish to request only because the antiquated 11000 codes do not have the occupancy use component called City ofMiami Page 130 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 work/live. The new Miami 21 is still trying to describe its D-1 and D-2 uses and designate them to the respective community areas. If these petitioners are asking for a live/work component, this is strictly a primary residential use, which incidental -- which is incidental and very restrictive commercial use; very similar to a home office, with the ability to obtain a certificate of use. This intense residential use would be better located in mixed -use areas, similar to 11000's C-1 and Miami 21's T-5. Please recognize there is a very big difference between work/live and live/work. Work/live is work; the shop area being the primary use with a live area restricted and only incidental to the primary shop use. Conversely, whereas in live/work, the component live is the primary use, with work only as the incidental to the unit's primary use as a residential habitat. Work/live and live/work are occupancies that will be a major rehabilitative catalyst for the enhancement of the City's industrial and commercial areas of District 5. This Commission must take charge and recognize that this is the vision of progress for District 5. Little River Industrial Park, with this new multi -adaptive zone use, will be the success and the benchmark for other cities to follow. You want Miami 21 to be visionary. Well, then let's take a break from the hype and Miami 21 's fight with residential high-rise developers and their T zones, and concentrate on the City's grassroots industrial business area with its jobs and supporting community. There is no need to spot zone. You are the officials elected by the community. You hired DPZ (Duany Plater-Zyberk). You ordered area studies, and Miami 21's criteria is still being written. You tell them what is best, and deep down you know this can work. Enhancement of this neighborhood's job zone versus abandonment of the zone. You know what is best. IfMr. Sacks, who has his project here now, and the other petitioners covenant their projects to be true work/live shops, tell DPZ this is it. Enhance this industrial area with this new trend of occupancy and make it happen. To illegally spot zone and to begin segmenting -- downzoning in this industrial zone is in nobody's best interest. I have nothing against Mr. Sacks' project as a true work/live facility, as approved throughout the nation's cities in the enhancements of their industrial zones. Downzoning by spot zoning is not the way. Work/live is new to this city. With this Commission's vision and demands, the melding of work/live to this industrial area is a win for the building owner/redeveloper, and it's a win for the neighborhood by the enhanced variety and vitality of all the area uses and increases within the job base. The unique multifunctional occupancy will rekindle this district's industrial and business community. This district's challenge to you is to make this happen. In closing, the package you have gotten are examples from other cities around the country -- Cleveland, California -- that have made work/live work in their industrial zones. It's only a matter of putting the wording together to make it happen. I know they're stuck between a rock and a hard place because of 11000, its antiquated rule that says no residential, but work/live is something new. I don't know if the Commission can put them in on a covenant basis or whatever, but it needs to be done. To take I-1 zoning away, put C-2 there, almost every occupancy in that area in Little River Industrial Park could never survive in a C-2. It must be maintained as I-1. Thank you. Vice Chairman Sanchez: Thank you, sir. Ms. Dougherty: Before this gentleman speaks, I'd just like to respond to what uses can be permitted there. The ones that we spoke of the printer, the wholesale bakery, and the lighting company, I must say to you, the Miami Herald is in a C-2; it's a printer. Bakery -- our bakeries all over town in a C-1; you can be in a C-2, and the lighting company -- I don't have to tell you -- can be in a C-2 because it's in a C-1 right on US-1. Mr. Pumo: Yeah, but Van Teal's a manufacturer and the bakery's a wholesale bakery, which requires an I-1 because it's a food product. Vice Chairman Sanchez: All right. Thank you. Anyone else speaking on the item, please step forward -- City ofMiami Page 131 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Mr. Pumo: It's the degree of use. Vice Chairman Sanchez: -- and state your name for the record. Thank you, sir. Grady Muhammad: Good afternoon, Mr. Vice Chair, Commissioners. Grady Muhammad, 570 Northeast 69th Street, Suite 4. This is a very vibrant industrial area, and to say that this current property has no businesses or have small business, the whole complex is very, very vibrant with a lot of industrial businesses that has a lot ofjobs. That's one of the things we have a problem with, lack ofjobs. We need the industrial base in the City ofMiami to keep those jobs. That's why it's called the Little River Industrial Park. We need to keep industrial industrial. This project is surrounded by nothing but industrial, north, east, south, and west. I -- my office is about two and a half blocks. I pass by this project everyday, every night. Jobs is very vibrant as an industrial complex. Miami 21 has not yet been finalized. This is in the east quadrant, and we do not yet know what Miami 21 will recommend, so everything, unfortunately, is coming prior to the completion ofMiami 21, so we never really will know what's going to happen because, unfortunately, a lot of projects is trying to be rushed ahead ofMiami 21 to beat that bell curve, so to speak, and I think the Commission should slow down and allow Miami 21 -- the Mayor's proposal for Miami 21 to take root and to have an opportunity to see what is recommended, and then from that vantage point, to be able to say we could allow this or not allow this, but to start to doing -- as Mr. Pumo said -- spot zoning, downzoning, and to incorporate this -- he may do the covenant; others may not do the covenant, and that potentially will allow for maybe a higher density property to come in and businesses need to be businesses. Thank you, Commissioners. Chairman Gonzalez: Thank you. Yes, sir. David Chiverton: David Chiverton. I'm the CEO (Chief Executive Officer) of Weed and Seed. We looked at this project. Part of the strategy for Weed and Seed in that area is the redevelopment of the area to bring in some new economic engines in there, and I just want to put on the record, we looked at it and found it to be feasible and supportive of what we're trying to get done in that community. Chairman Gonzalez: Thank you. Leroy. Leroy Jones: Leroy Jones, Neighbors and Neighbors Association, 180 Northwest 62nd Street. I am one of the persons who was contacted by Mr. Felix [sic]. I spoke to him about his project. I do want to say, if the City keep changing land usage, what we going to have? I mean, what are we going to have for the little people, for the small businesses? I mean, that property that they're looking to change is already being used for industrial. People are already -- businesses are already there. I mean, what's kind of -- what effect it's going to have in the neighborhood with the other small businesses, the increase? I mean, I'm sure none of the businesses in the area is going to be able to afford that space, so we looking at bringing in a whole new group of outside people, you know, to set the tone for that area when it's businesses and people that been there for years and years that need to benefit from that industrial park, you know; that now, once that project is approved, if it's approved, is going to change the property value around in that neighborhood, so it's going to be people being priced out. It's going to be small businesses that's not owner occupied, at least in space, is now going to have to embear [sic] the additional fees that's going to be a burden to them now because of that project, because now the property value going to go up, so the people who was renting for six and seven and $800, now going to end up having to pay 2,000, $3, 000, which they not going to be able to afford, and the property owners ain't going to have no other way but to enforce them fees because they going to endure them fees. They going to be impacted by the rising cost of taxes in that area, once this project - - if this project is approved, so -- when Mr. Felix [sic] came to me, it made me feel -- I'm going to tell you, it really made me feel good because it made me felt like somebody had to tell him City ofMiami Page 132 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 that I have a comfortable position in the City and people respect the things that I say, so if he felt that way to come to meet with me because he felt that maybe what I had to say or people would listen to me, then I want this Commission to listen to me. I don't think the use should be changed, you know, so I thank Mr. Felix [sic] for coming and meeting with me about the project because it do let me feel that people in the City ofMiami do feel concerned about the way I feel about things, but to remember that I represent small businesses, and that's what the City pay me for, to fight for the small man, for the small businesses, and I don't see small businesses in that area benefiting from this project. I only see outside people who going to be able to afford the rising cost of that project. Thank you. Chairman Gonzalez: Thank you. All right. Let's try to stay within the two -minute margin because I don't want one person taking four minutes and then limit the other person to two minutes. I want to be fair to everyone, so -- yes, sir. James McQueen: James McQueen, 19 West Flagler. It is my opinion that to allow for Rail 72 improves the communities in and around this area. Everyone can see the tremendous change that are come -- that is coming over neighborhoods of the northeastern Miami. While the change, I believe, is welcome, it must be controlled and balanced with the needs of the existing community. One of the most important thing is to offer the community a wider variety of employment opportunities in the neighborhood, and at the same time, to maintain affordable housing stock. Rail 72 provides a wider variety of better paying jobs, while not eliminating any of the neighborhood's existing affordable housing. The buyers and users of the proposed work/live site lofts are likely to be small lighting companies, frame shops, architects, accountants, and small engineering firms. All of these businesses also employ junior associates, staff assistants, and clerical staff. It offers the neighborhood a wider variety of employment opportunities that is presently available. I would like to conclude by emphasizing this is a rehabilitation project and not a redevelopment project. It preserves the industrial nature of the area. It is an opportunity to improve the quality of life, add jobs, and upgrade a building currently in the area. Thank you very much. Chairman Gonzalez: Thank you, sir. Yes, ma'am. Good afternoon. Carlene Paul: My name is -- good afternoon. My name is Carlene Paul. I come before you as chair of the CAA (Community Action Agency) Edison/Little River Advisory Committee. We meet once a month at 115 Northeast 59th Street, and as chair of the Edison/Little River Advisory Committee, I am speaking for the resident of that community, and they do not, and I repeat, they do not want to see any changes in that particular area to be made nothing else, but to keep it industrial. These people want to be able to work in a neighborhood that they live. Previous speaker have spoken about the issues of the resident not being able to maintain their property and moving out because the tax base is going to be too high, they're bringing it to my attention, and I'd like to bring to your attention that Mr. Felix [sic] may not know about CAA, but CAA meets every month, and he did not have a chance to contact us at CAA, and the people are against any change. Thank you. Chairman Gonzalez: Thank you. Yes, ma'am. Silvia Wong: Good afternoon. My name is Silvia Wong, as you -- many of you know. My husband, Manny, and I own a business and property on Northeast 67th Street and Northeast 4th Avenue, just a few blocks south of 7205 Northeast 4th Avenue. Many property and business owners and other concerned citizens and taxpayers in this area advocate mixed -use live/work or work/live as a means to revitalize Lemon City/Little River/Little Haiti. As you know, this area needs more residents and more housing and pedestrian friendly streets to deter the current homeless, drug addicts, and prostitutes from taking over the upcoming $30 million Little Haiti Park. We remember that, while planning for this park, City officials promised more City ofMiami Page 133 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 residences around the park. The subject property is easily within walking distance of this park, right at Northeast 4th Avenue, which is the eastern border of the park. In fact, the subject property is located on the northeast border of the Little River industrial district. We advocate mixed -use live/work or work/live, or T-5 zoning under Miami 21, all along the outer borders and the transportation corridors of Lemon City/Little River. We envision T-5 along Northeast 59th Street, along Northeast 4th Avenue, along Northeast 61 st Street, along 4th -- Northeast 4th Avenue, and especially along the FEC (Florida East Coast) Corridor. The FEC Corridor is mentioned as the future of public transportation in South Florida. The consultants doing the FEC Corridor study have asked for more density on the corridor so they get more riders, but please note we do acknowledge that some industrial or D-2 zoning continues to be applicable in this area, such as for McArthur Dairy on Northeast 69th Street and Northeast 4th Avenue. Yet, some T-5 is definitely appropriate along the transportation corridors and bordering blocks around the neighboring residential areas, which are currently R-3s and R-4s or T-3s, T-4s, and T-5s under Miami 21, so it is unrealistic to assume that the theory "one size fits all" in Lemon City/Little River fits our entire 80 to 100 acres. Chairman Gonzalez: All right. Ms. Wong: That is, this area cannot be all D-2 or all industrial, or the reverse is also true. This area cannot be all T-5 or all mixed -use live/work. Chairman Gonzalez: OK. Your time is up. Ms. Wong: Thank you. Chairman Gonzalez: OK. Thank you. Ms. Wong: OK. Chairman Gonzalez: Yes, sir. Peter Ehrlich: Good afternoon, Mr. Chairman, Commissioners, and welcome to Commissioner Haskins, if she's watching on TV (television). My name is Peter Ehrlich. I have offices at 395 Northeast 59th Street on Northeast 4th Avenue. I'm the president of the Lemon City Taxpayers Association. I've been a business owner on Northeast 4th Avenue since 1998. Thank you very much for the opportunity to speak. I promise I'll be brief. Please approve the application. In the interest of brevity, I'm only going to list a few of the many reasons why I believe you should approve the application. I just passed out a map of our area. The map is created by a Miami 21 consultant, Goody Clancy, and is the result of their experience and much public input. It is available on Miami 21 dot org. It recommends our 80 to 100 acres to be developed with mixed -use zoning, supporting the new $30 million Little Haiti Park. The subject site sits on the eastern edge of the 80 to 100 acres, zoned industrial, adjacent to an area zoned C-2, just north of the new soccer park under construction. My company, Palm Bay Studios, began investing in this area eight years ago, and we own four acres along Northeast 4th Avenue and 59th Street. We paint, renovate, and clean 300 days a year, and we covet mixed -use zoning. Let me quote from Suburban Nation: The Rise of Sprawl and the Decline of the American Dream. `Ideally, every neighborhood should be designed with an even balance of residents and jobs." And further, "zoning that prohibits housing in commercial and industrial areas, often largely empty, and therefore affordable, must be replaced with a mixed -use classification." That was written in Suburban Nation: The Rise of Sprawl and the Decline of the American Dream. Everyone who is actively participating in the growth of our area is in favor of a residential component being added to our commercial base. We foresee additional jobs added and new buildings constructed on our vacant lots and within our renovated warehouses. We see net gains in employees and residences for Lemon City, Little River, and Little Haiti. That is our goal, and City ofMiami Page 134 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 we believe when the City planners and consultants accept our offers, tour our area, and get to know our area as we know it, it'll be their goal as well. Thank you very much. Chairman Gonzalez: Thank you. Hi. Good afternoon. Hattie Willis: Good afternoon, Commissioners. My name is Hattie Willis, and I'm the president of Communities United. My address is 5510 Northwest 1st Avenue, and I also have a small business. The interesting thing is I was not notified, but it's OK, and I represent the homeowners association. First thing I want to say is congratulations to the Commissioner -- Commissioner Haskins: Thank you very much. Ms. Willis: -- for your appointment, and I am very proud of my Commissioner because the reason that we're standing here today that there's a change in the City ofMiami that has occurred because the one thing that's happened now is that the community is not disrespected, so we were notified, so we're here, so now it's amazing to me because I've been through this whole nine -month -- nine-year process, that these people are standing before me saying, you know, it's a good thing when they fought me when I wanted my park. Now they've changed their mind. They want mixed -use. Well, let me say this to you. I've watched everything occur around me and my tax bases went up. I'm a homeowner. I'm still owning my home because I can afford it; most people can't, and I agree with the Mayor. We need the Miami 21 to be finished. All I'm asking my Commissioners is to give us the chance, the people who live in the community, to have a input of what they want in their community and continue respect us as the people who live there, not the outsiders that have come in and trying to move us out of there, and because you respect us, I'm here to say thank you, and I do not approve of the change. I agree with staff and please do not do that, and thank you. Chairman Gonzalez: Thank you. Yes, ma'am. Marleine Bastien: Good afternoon, Mr. Chair -- Chairman Gonzalez: Good afternoon. Ms. Bastien: -- Commissioners. My name is Marleine Bastien, executive director of FANM Ayisyen Nan Miyami, the Haitian Women ofMiami. Thank you for the opportunity to address you this afternoon. What is happening today in this Commission chamber has happened years and years ago. You have people living in their communities, living a peaceful lives, growing and maintaining their businesses, and then suddenly, you have a group of people who feel that they know better. They come -- oftentime [sic], come with arrogance, and then they want to impose their will on the people, as though those people who have been living there for years, who have grown roots in their own community, do not know what they doing, and that, I resent and I resent strongly. A presenter earlier mentioned that what's happening, what they're offering happens all over the country. Yes, it is happening all over the country, but you know, what's going on all over the country is that big developers are coming in with plans with the only aim of displacing people, the same people who have made the community interesting enough for them to want to come in and take it away. Lastly, I'll say, if the plan is so good, why haven't we -- haven't I and my thousands and thousands of people that I work with, the hundred who come to my office on a daily basis, why aren't they aware of it? If it is so beautiful and so wonderful, why is it kept a secret? My position -- and I urge you to support it -- is to maintain the decision that was taken on this issue that was recommended by the Planning Department to deny this issue and to give these people of the district who have been there, living there, paying taxes there to make their own decision about what's best for their community because they do know what is best. City ofMiami Page 135 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Chairman Gonzalez: Thank you. Ms. Bastien: I urge you to support our cause today. Chairman Gonzalez: Thank you. All right. Anyone else? Seeing none, the public hearing is closed. It comes back to the Commission. Commissioner Spence -Jones. Commissioner Spence -Jones: Yes. As you know, this definitely is my district. I've been dealing with this issue for -- since December, as a matter of fact, and -- where's Selig? Is he around? Can you ask him to step to the podium also, Lucia? The first time that I encountered this project -- this is probably one of the biggest projects that I've had to deal with being on the dais so far. When I first got the -- had the official presentation here, right here in the -- on the dais regarding the area, I'm going to be honest with you, I was a little disturbed with the way that it was presented because ifI had not gone to that area, ifI had not lived within that community, I would have totally thought that a bomb had dropped in this particular area, the way that it was presented, and my concern at that point, knowing that there were so many other -- so many businesses in that same district, in that same area in the industrial park, Mr. Pumo, I think, during his presentation even said that -- I think -- well, I don't where Pumo -- 85 percent of the park was basically full, and it really, really rubbed me the wrong way, but from that meeting, I was happy to know that you did try your best to do some outreach, and there were several community folks that did reach out to me to tell me that you did -- you made every effort to try to communicate to folks about what you were trying to do in the area. I -- there's a big question. I guess I'm getting -- for some reason, I'm being crowned lately as the industrial queen, meaning if it's something industrial, don't go to that Commissioner because she's not supporting it, and I just want you to understand that that is not the case. I do know that you've done some great things in other cities across the country and have a true commitment to the arts, and I value and I appreciate that. My concern, though, is the people that elected me to sit in this seat, to make sure that the folks in Little Haiti, Lemon City, Little River all feel as though they're included in this project, and I tried very hard -- when I tell you I tried very hard, I tried very hard to search within, you know, my soul to find a way to see if it could work, you know, and I think Ben mentioned earlier -- and I'm going to have our new department director - - I'm going to have her step up to the mike, Lisa, to give us an update from the ERA (Economics Research Associates) report, but I tried to do everything to try to figure out the best solution to this issue, and I kept coming back to the same thing. If I make that decision to change the zoning in that area, I'm opening up a can of worms, and since this last meeting, I had several property owners trying to get in my office to discuss the fact that they wanted to convert their properties to that, which, to me, sent a red signal because that meant that the little, small businesses in Little Haiti, a lot of those businesses in an industrial area are Haitian -owned businesses in that little section over there would suffer, and I know that we're on this big, big high of trying to get so much affordable housing or housing period in the City, but I'm also pushing -- you know, if we have all this housing and nobody has nowhere to work, and if we don't preserve the small, little areas that we do have in the -- in industrial areas, then we can't attract businesses to do that, so I just wanted you to know that I did, you know, try my best to try to search, you know, and try to figure out something, and Ana can tell you, up until yesterday, and then our new director, Lisa -- can you please at least step to the mike? On this whole issue ofMiami 21, I know that we want to get past it, and it's been, you know, a very difficult things -- thing for many of my residents and many of my community members because, for some reason, many of them are feeling that they're not included in the process, and this is just a perfect example of them not feeling included, so my last resort was my meeting with Ms. Lisa, Ms. Lisa Mazique, from New Orleans. She's a new person that's handling the Department of Economic Development, to see Lisa. Are there any places across the country that we could find a way to make sure that we have a mix so that we don't lose the businesses that are there? And I just wanted her to at least share with the Commission before I make that decision on the finding based upon what ERA, the consultants that Miami 21 has hired, to at least give us a City ofMiami Page 136 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 briefing on that before I make my decision. Lisa Mazique (Director, Economic Development): Yes, Commissioner, and Commissioners, thank you for allowing me to address this issue, and I'll work to be very succinct. I know your time is of essence, but very timely, the ERA report that was performed in this particular quadrant was very clear. Commissioner Spence -Jones: You got to say your name and department. Ms. Mazique: My name is Lisa Mazique. I apologize, Madam Clerk, again. They were very clear in acknowledging that the real estate as the current economic driver for Miami, while it had been good in certain areas, was beginning to create development pressures and encroachment in industrial areas, and it will be incumbent upon the City to protect these areas for long-term sustainment [sic]. Regrettably, having looked at the land use map and working close with Planning, it was apparent that this particular project is in the heart of an industrial district, between two rail lines, and presents a real encroachment and potential quality of life, not only issue, but a loss of industry, and particular, the employment complement that would go with industrial use. The report also, though, highlights that the investment in Haiti Park -- new -- Little Haiti Park could be a better utilization of residential space, and maybe -- sometimes it's not the merits of a project, it's just the location, but if we're going to have industry here, it's important that we protect it. Very compelling in this report -- and we did submit copies to the Clerk's Office for public consumption -- are the fact there were seven industries that were considered for economic growth. I'd like to name them very briefly. It was motion picture and media production, biomedical technology, tourism and hospitality, light industry manufacturing/ warehousing, international trade and finance, venture capital, as well as marine industries, and compellingly, what struck me most was that none of these industries were considered -- with the exception of light industry -- as potential drivers for this particular area, so I think it would be incumbent upon us, as the City, to continue to protect this particular location for purposes of industry. We do realize there are some challenges in the business industry districts; that they need to be cleaned, safer, maybe shored up, but clearly, not reduced and minimized to the extent that we have competing forces, residential and industrial, side -by -side. Little bit of research I was able to do, that the McArthur Dairy had exactly relocated to this area. They had closed another facility. The old facility is actually was being redeveloped for affordable housing, so we do have adaptive reuse going on in the City, but this was deemed as a more attractive industrial area for growth and expansion, and with that, I have no more, if there are any other questions. Chairman Gonzalez: All right. Commissioner Spence -Jones: Thank you, Lisa, for the report, so I just want Lucia and Selig to -- and the folks that came out to support this project -- understand that, you know, I've gone -- I mean, I've really, really tried to find a way to make something happen on this project, and it just was a very, very difficult decision, and you know, the more and more I heard about the project, the more division took place within the community between the Haitian community and the African American community and the Anglo community. We had fights going on between each other for someone, honestly, that came from the outside, so I just would hope, after today, that we could focus our energies and work with the Department of Economic Development, with Planning, with all the necessary departments to do what the City should be doing. If the industrial park is not everything that we need for it to be or the industrial area is not as clean as it needs to be, then that's the City's responsibility to work hard to make sure that the place is an attractive place for businesses to come, for businesses to stay, so with that, I just wanted you to know, Selig, I -- you're an upstanding guy, and these same people would be your biggest supporters if they had the opportunity to meet you and really understood where your heart was, but in a situation like this, I had to make the best decision for the people that I serve. You want City ofMiami Page 137 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 to make a comment before I make my decision? Mr. Sacks: Firstly, I wanted to thank you for your comments, and I think it's really a testament to your effectiveness and how you try to bring about involvement and trying to create the different -- and taking from the different elements of the community and trying to create one community. I feel it unfortunate, in a sense, that this project was the one -- even though we proposed it a year ago -- came at a point in time when Miami 21 was just being unveiled, and it seems to me, there're still issues that are on the table. I've heard, even at the Upper Eastside/Little Haiti forum that took place three weeks ago or so, that the issue of whether they'll be able, consistent with industrial uses, to introduce a work/live component in the area is still under discussion, and perhaps, we're at a point where those discussions, I guess, need and are continuing, and I think -- from what I'm hearing, I, frankly, had thought coming here today that I had touched base with the various constituents. Clearly, there were a number that I haven't. I'm not here on a full-time basis. I hoped that others who were working with me would have accessed even more, but there's more work to be done to better understand the community, to understand whether, in my view and in Mr. Pumo's view, and perhaps, others, having a live component to work is job enhancement as opposed to detracting it. I would like the opportunity, and I'm sure Mr. Pumo and others, to continue the dialogue with Miami 21 and with the community and see if in fact, we can have a broader consensus than what we have achieved today as to whether or not there is a proper use within our area for a live component as well that will not detract from the loss of a single job that, at the end of the day, will be additive, so perhaps, you know, this should be something that we defer pending a over -- the overall consideration of the area because these matters are still being discussed and they're still being the subject of discussion. Commissioner Spence -Jones: OK. I just have one quick comment for my City -- Mr. City Attorney. Regarding the applicant and what they're -- actually, what they're applying for now, what use -- or that might be an Ana question or a Lourdes question. What current use will they have outside of factories? What else could they put there with the existing zoning that they have? Ms. Slazyk: Because our zoning is a pyramid concept of zoning, each district allows everything from the lower district. When you get up to industrial, you can pretty much do anything in the lower districts, except residential, so they could put retail uses, office uses, as well as industrial and other C-2 uses; wholesale, warehouse, light manufacturing, auto uses. I mean, it pretty much -- almost anything in the zoning ordinance, except residential. Commissioner Spence -Jones: OK, so the biggest issue really is not size of your project -- because I know you made adjustments on it -- it's whether or not you could have the live component, which is the biggest issue for the folks from the community, so it's not like you won't still have the ability to do a much bigger project, and I think there's more office space that's currently needed -- I'm going to be honest with you -- on that side of town. We do not have enough office space or area space for those type of -- for architects and photographers and those type of uses, so to have an office space within an industrial park could be an interesting addition, and something that I think the community would value and appreciate, but I just would have to say at this point that, for me, I would have to deny it, based upon what the community feels that they really want to see happen. Mr. Sacks: I respect that. Thank you. Chairman Gonzalez: All right, so we have a motion, right, to deny? Unidentified Speaker: Motion to deny. City ofMiami Page 138 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Vice Chairman Sanchez: It's a motion to deny? Unidentified Speaker: Yes. Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: All right. Chairman Gonzalez: There is a motion -- Vice Chairman Sanchez: Second for the purpose of discussion. Chairman Gonzalez: -- and second. Discussion, Commissioner Sanchez -- Vice Chair Sanchez, I'm sorry. Vice Chairman Sanchez: You know, Miami doesn't have a ton of industrial zoning. We all realize that, and these little zones that we do have are the economic engine for our community. Now I could honestly say that a site that is well put together, can serve an industry quite well if it's done right, but we need a diversified economy for the strengthen of our city, and I, for one, can see the concern that the residents have because, you know, a lot of the jobs that'll come in to that area -- and I hate to say this. I hope I don't offend anybody, but it's probably the hip -hop generation now, where I don't think the baker's going to be living on top. I don't think the guy who has a shop is going to be living on top. It's going to be somebody else who's going to move into the area, bring in -- and have an architect office and live on top, so that's the type of thing that you see here, and when you basically have a Planning recommendation of denial, as well as the Economic Development staff saying that they don't approve it, and the community out here saying, hey, listen, we're not comfortable with it now -- and there's been some good arguments made. Let's wait 'til Miami 21 and see what the future may be. Maybe it's not acceptable now, but maybe later on it might be acceptable. I'm open to both sides here, but I can honestly tell you this much, when you have the community coming out here and saying, look, it's not something we're willing to accept now, you got to respect the people. You got to respect the people that are being affected by it. It's not the developer who comes in that's going to invest the money. It's the people who wake up day and night, live with their families there. They're the ones that are that neighborhood. They make that neighborhood what it is today, and you got to respect them for that, so I have to support the recommendation that's put out and support the denial as it is right now for changing of the land use. Chairman Gonzalez: All right. Any further discussion? Hearing none, all in favor of denial, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Ms. Dougherty: Thank you very much. PZ.22 05-01230a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 9, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "I" INDUSTRIAL TO "C-2" LIBERAL COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 7205 NORTHEAST 4TH City ofMiami Page 139 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from I Industrial to C-2 Liberal Commercial to Change the Zoning Atlas LOCATION: Approximately 7205 NE 4th Avenue APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of 7205 Holdings, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on November 14, 2005 by a vote of 5-2. See companion File ID 05-01230. PURPOSE: This will change the above property to C-2 Liberal Commercial. Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado A motion was made by Commissioner Spence -Jones, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to deny Item PZ.22. Chairman Gonzalez: PZ.22. Jorge L. Fernandez (City Attorney): You also need a motion of denial to be consistent with your denial of 21, in that way there is finality to both of these items. Chairman Gonzalez: So both are denial -- Mr. Fernandez: Commissioner Spence -Jones. Chairman Gonzalez: -- with one vote? Vice Chairman Sanchez: Make the motion. Mr. Fernandez: A similar motion -- Commissioner Spence -Jones: So move. Mr. Fernandez: -- on 22 -- Chairman Gonzalez: Yeah. Mr. Fernandez: -- needs to be made. Commissioner Spence -Jones: So move. City ofMiami Page 140 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Vice Chairman Sanchez: Second. Chairman Gonzalez: All right, so we have a motion and a second on denial of PZ.22. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. PZ.23 05-01525a 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 1919, 1927, 1935, 1945 AND 1965 SOUTHWEST 9TH STREET, MIAMI, FLORIDA, FROM "DUPLEX 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. LOCATION: Approximately 1919, 1927, 1935, 1945 and 1965 SW 9th Street APPLICANT(S): Javier F. Avino, Esquire, on behalf of Renaissance Pointe, LLC FINDINGS: 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 January 18, 2006 by a vote of 3-4. See companion File IDa 05-01525 and 05-01525b. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Renaissance Pointe Major Use Special Permit. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado Chairman Gonzalez: Let's go to PZ.23. Lourdes Slazyk (Assistant Director, Planning): PZ.23 and 24 is -- they are companion items for a land use and zoning change. This is for the properties located at approximately 1919, 1927, 1935, 1945, and 1965 Southwest 9th Street. The request is from duplex and R-2 to restricted commercial, which is a C-1 zoning classification. I was -- I received a letter yesterday from the Miami -Dade School Board saying that the applicant did come in and meet with them and make a proffer as related to schools, consistent with our interlocal agreement, and I'll let the applicant describe what that is. On the land use classification change, this was recommended for denial by our Planning Advisory Board due to a failure to obtain the required five affirmative votes. It's been recommended for approval by the Planning Department. City ofMiami Page 141 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Chairman Gonzalez: Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. Chairman Gonzalez: I -- about a couple of months ago, I think I asked you to provide me with an opinion of why does the Planning Advisory Board functions different than the City Commission. City Commission, if you have three votes in an issue, unless it is an emergency item, the -- if you have three votes, the item passes. Why does the Planning Advisory Board has a different system -- Slazyk: They only do for -- Chairman Gonzalez: -- of voting? Ms. Slazyk: -- comp. plan -- yeah. The Planning Advisory Board, it's a majority vote, except for comprehensive plan amendments -- Chairman Gonzalez: All right. Ms. Slazyk: -- and that's what requires five affirmative votes, and I believe it's in the -- Mr. Fernandez: In the state statute. Ms. Slazyk: -- state statutes. I don't -- Chairman Gonzalez: It's mandated by the state statute? Ms. Slazyk: -- no -- yeah, but for other things, like Major Use Special Permits and other things that they consider, it's a majority vote. Mr. Fernandez: Well, it -- Chairman Gonzalez: Yeah, yeah, but it is -- Mr. Fernandez: -- we -- Chairman Gonzalez: -- mandate by -- Mr. Fernandez: No. Chairman Gonzalez: -- the State? Mr. Fernandez: I don't believe so. Ms. Slazyk: I think it's in our Code. Mr. Fernandez: We have done the research. We just haven't put it in a written opinion to you. It has been discussed with the Planning Advisory Board. We will be forthcoming to you and -- first, to them, with our recommendation to you to make their voting requirements or their voting processes similar to this Commission, which is straightforward on a majority basis on all items. Chairman Gonzalez: Equal to the Commission. City ofMiami Page 142 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Mr. Fernandez: Yes. Chairman Gonzalez: Yes, sir. Ms. Slazyk: Yeah. I think it's in the Code -- Mr. Fernandez: It's in the Code. It's not -- Ms. Slazyk: -- which would make -- Mr. Fernandez: -- in the -- Ms. Slazyk: -- it would need a code amendment, right. Chairman Gonzalez: It's not in the -- Mr. Fernandez: But that -- the Code can change -- Ms. Slazyk: No, I think it's the Code. Mr. Fernandez: -- because you're the author of the Code. Chairman Gonzalez: Exactly. Ms. Slazyk: Correct, but for other things, it is a majority, but the comp. plan, it was five. Chairman Gonzalez: Well, let's try to correct this because -- Mr. Fernandez: Yes, we will. Chairman Gonzalez: -- I mean, it's kind of unfair, you know. Those people, they sit here in a meeting, and see them on TV (television), sometimes they're here until 12 midnight, 1 a.m. in the morning -- Vice Chairman Sanchez: They love it. Chairman Gonzalez: -- you know. Mr. Fernandez: You know -- Chairman Gonzalez: They serve the City, they serve -- and then, you know, they vote and their vote equals to zero, even though they have four against three; the four are zero because they don't have five. Ms. Slazyk: Right. Chairman Gonzalez: I mean, that's -- Mr. Fernandez: It's an issue of how they constitute -- Chairman Gonzalez: -- it's a game. Mr. Fernandez: -- quorum, and then how they can vote, so -- City ofMiami Page 143 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Chairman Gonzalez: It's a game. Mr. Fernandez: -- as long as they constitute quorum, then majority of those -- Chairman Gonzalez: Right -- Mr. Fernandez: -- present would carry the day, just like with the City Commission. Chairman Gonzalez: -- and let me tell you, the reason I'm bringing this up is because I have heard the complaints -- Mr. Fernandez: Yes. Chairman Gonzalez: -- of the members of the -- Mr. Fernandez: Yes. Chairman Gonzalez: -- Planning Board that feel offended and feel that they're wasting their time coming here spending six and seven hours, and at the end, their decision is null because they don't have four other people that vote with them, so I hope that that gets corrected -- Mr. Fernandez: Yes. Chairman Gonzalez: -- please -- Ms. Slazyk: Then with -- Chairman Gonzalez: -- if my colleagues agree with me. Mr. Fernandez: Well -- Chairman Gonzalez: I have to, you know, consider my colleagues on this. All right. PZ.22 -- 23, I'm sorry. Ms. Slazyk: Yeah, 23, and then on PZ.24, again, which is the companion zoning change, that was recommended for approval by the Planning Department and approval by the Zoning Board. These two items are companion items to a Major Use Special Permit for the Renaissance project, which you will see at the next City Commission meeting, you know, pending the outcome of these. Vice Chairman Sanchez: And that's when the MUSP (Major Use Special Permit) comes in front of us. Ms. Slazyk: That's for the MUSP, right. The MUSP will come when these return on second reading, if you know, they get approved. Lucia Dougherty: Good afternoon, Mr. Chairman, members of the board. Lucia Dougherty, with offices at 1221 Brickell Avenue. This is a project that is located between 19th Avenue and 20th Avenue on Southwest 8th Street, and this has actually gone through the process, and it's been over a year because we have been constantly revising the project. We initially had gone through both boards with a recommendation of approval from the Zoning Board, and actually, it was a -- I think it was a recommendation of denial, which failed, so there's probably no recommendation -- City ofMiami Page 144 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Chairman Gonzalez: No recommendation. Ms. Dougherty: -- but at that time, we had a building, which covered all the way to Southwest 19th Street, and therefore, we required an upper level setback from this property, which is not a part. This is still -- Chairman Gonzalez: The building will cover up to 19th Avenue, right? Ms. Dougherty: Yes. Chairman Gonzalez: Not street, avenue. Ms. Dougherty: I'm sorry. You're right, 19th Avenue. It's been a long day for all of us -- so this property here is not included. It is an R-2 site. The gentleman who is not opposed to our project is supportive, but he didn't want to sell us his property, so it's carved out. We had initially had a building on 19th Avenue, and therefore, we needed a variance for the upper level setback. We have since withdrew that variance, and we have modified the building, so while 379 units are permitted, we had initially proposed 356 units; we are now down to 323 units, or 33 less than we had originally proposed. Parking is still at three -- 538 units. We have retail on the ground floor facing Southwest 8th Street. This is a project that is sort of a model for Miami 21. We have retail on Southwest 8th Street. We have liner units of residential townhomes all along Southwest 9th Street, as well as 20th Avenue. The -- we have a heavy landscaped area around the house, the single-family house here, the gentleman's property. We do have with us this afternoon Ralph Velocci, who is the principal, as well as Jorge Morera and AlbertArisso, and also Robert Behar, who's our architect. I'd just like him to run you through the project real quickly. Chairman Gonzalez: If you allow me, I would like to ask, is there any opposition to this item? Is there anyone in opposition to this -- Vice Chairman Sanchez: Tucker -- Chairman Gonzalez: -- item? Vice Chairman Sanchez: -- Tucker, Tucker. Chairman Gonzalez: OK, Tucker. All right. Tucker Gibbs: (INAUDIBLE) very briefly (INAUDIBLE). Chairman Gonzalez: All right. Ms. Dougherty: We also have 15 people who are here in support. I don't know if you want to hear them on first reading, or we can just have them stand up, or all those -- Chairman Gonzalez: It's up to -- Ms. Dougherty: -- who are in support -- Chairman Gonzalez: -- the district Commissioner. They're all in favor of the project? Ms. Dougherty: They're all in favor of the project. City ofMiami Page 145 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Vice Chairman Sanchez: Just let the record reflect there's a lot of people here in support of this project. Chairman Gonzalez: Right. All right. Ms. Dougherty: Thank you very much. Vice Chairman Sanchez: A lot and one against. Chairman Gonzalez: All right. This is a public hearing. Mr. Tucker Gibbs, welcome, once again, sir. Mr. Gibbs: Thank you very much, Mr. Chairman. Again, W. Tucker Gibbs, offices at 215 Grand Avenue, in Coconut Grove. I represent the Shenandoah Homeowners Association, and we're going to urge you to deny this land use and zoning change before you today, but we will make our full presentation at the next meeting, when you'll be considering this on second reading, as well as the Major Use Special Permit, and I thank you. Chairman Gonzalez: Thank you, sir. Vice Chairman Sanchez: So well stated on the record. Counsel, I hope you get paid by the hour. Mr. Gibbs: No, I don't, unfortunately. Thank you. Chairman Gonzalez: All right. Anyone else from the public? All right. Public hearing is closed. Brings it back to the Commission. Vice Chairman Sanchez: Mr. Chairman, this -- as the counsel stated, this is a project that's over a year in drafting. It has been back and forth. I, at some times, have requested it to go back and have the Administration work with the developer. I think the developer has acted in very good faith on this project. It is completely different than what was going to be presented to this Commission years ago, and let me just go through some of the things that I think are important to put on the record as we discuss this project. The revitalization of 8th Street, as you all have seen, is that we have worked very hard to bring revitalization to an area that was economically flat -lined for many years, and what's compared in that project -- what's compared in that property now to what's coming to that area, you can't even compare it to apples and oranges. I mean, it's a big change for that area, so let me compliment all those who labored so hard to put such a good project in place. Now, there is some opposition to it. There's always opposition to every project. We've all seen that, but let me just say a couple of things that I want to put in the record as to this project. One, I believe that this building does exactly what Miami 21 calls for, and one is that if you look at the corridor on 8th Street, it's got commercial on that side, and the biggest concern that was all brought forth by the resident at one time, it was too mammoth; that's been reduced. I think -- if there's any opposition here, I think there'll be some opposition at the next meeting, but the concern that they had was on 9th Street, as to the buffer of still such a large-scale development, at that time, the impact that it would have across the street on single-family home. Now you've seen today several projects that have been here that have put beautiful buffer town houses, as well as many other projects in our community that has done that to -- not to encroach on residents, but better yet, to beautify it and create that ambience of a good, smooth transition between a commercial zoning and residential zoning, and this project clearly, clearly does that. Now it's also recommended by the Planning Department. The Planning Advisory Board recommended denial due to they couldn't get a fifth vote, and we've all expressed that concern on that issue, but basically, having said that -- and I had a lot of notes here that I wanted to put forth -- I'm confident, as it City ofMiami Page 146 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 is right now, with the project. The liners of the town house along Southwest 8th Street and the southeast half of Southwest 20th Avenue development, I'm comfortable with, and I'll tell you what, I am prepared to pass the ordinance on first reading, and then, you know, when we get to second reading, counsel, you'll have an opportunity, and also you'll have -- the residents will have an opportunity also to express -- but as it is on first reading, I would move this item to be approved on first reading. Commissioner Spence -Jones: Second. Commissioner Haskins: Second. Chairman Gonzalez: All right. We have a motion and we have a second. It's an ordinance. Mr. City Attorney. Mr. Fernandez: Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Vice Chairman Sanchez: Before we vote on this, there's one thing I want to put on the record. Counsel, I want to make sure that you understand that to protect the neighborhood and to protect, I think, everyone here acting in good faith, Planning will make the developer proffer with a MUSP that if the MUSP is not executed, the zoning change will come back to this Commission. I think you would agree on that. Ms. Dougherty: I'd be happy to. Vice Chairman Sanchez: I just wanted to state that on the record. 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 is passed on first reading, 4/0. PZ.24 05-01525 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 39, 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 WITH AN "SD-12" BUFFER OVERLAY DISTRICT TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-25" SOUTHWEST 8TH STREET SPECIAL OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1919, 1927, 1935, 1945 AND 1965 SOUTHWEST 9TH STREET, 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 147 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 LOCATION: Approximately 1919, 1927, 1935, 1945 and 1965 SW 9th Street APPLICANT(S): Javier F. Avino, Esquire, on behalf of Renaissance Pointe, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended of approval with a condition* to City Commission on December 12, 2005 by a vote of 7-1. Returned to the Zoning Board due to the omission of SD-12 and SD-25. Recommended approval to City Commission of the amended request on June 12, 2006 by a vote of 7-1. See companion File IDs 05-01525a and 05-01525b. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-25 SW 8th Street Special Overlay District for the proposed Renaissance Point Major Use Special Permit. Motion by Commissioner Sanchez, seconded by Commissioner Haskins, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado Chairman Gonzalez: PZ.24 -- Lucia Dougherty: Thanks very much. Chairman Gonzalez: -- is also a public hearing. Anyone from the public? Vice Chairman Sanchez: Tucker. Tucker Gibbs: I've already said it on the record. Chairman Gonzalez: All right. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Vice Chairman Sanchez: So move, Mr. Chair. Commissioner Haskins: Second. Chairman Gonzalez: We have a motion, we have a second. It's also an ordinance. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. The Ordinance was read by title into the public record by the 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. City ofMiami Page 148 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.25 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. LOCATION: Approximately 1950 NW 1st Avenue and 1905 NW 1st Court [Commissioner Michelle Spence -Jones - District 5] 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. NOTE: This item was reconsidered on October 12, 2006; see File ID 06-01663. Motion by Commissioner Haskins, seconded by Commissioner Sanchez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones A motion was made by Commissioner Haskins, seconded by Vice Chairman Sanchez, and was passed unanimously, to continue Item PZ.25 to the Commission meeting currently scheduled for July 27, 2006. PZ.26 06-00155 ORDINANCE First Reading 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 City ofMiami Page 149 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1950 NW 1st Avenue and 1905 NW 1st Court [Commissioner Michelle Spence -Jones - District 5] 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. NOTE: This item was reconsidered on October 12, 2006; see File ID 06-01663. Motion by Commissioner Haskins, seconded by Commissioner Sanchez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones A motion was made by Commissioner Haskins, seconded by Vice Chairman Sanchez, and was passed unanimously, to continue Item PZ.26 to the Commission meeting currently scheduled for July 27, 2006. PZ.27 06-00136 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 7251 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "GENERAL COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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 7251 NE 2nd Avenue APPLICANT(S): Ben Fernandez, Esquire, on behalf of Junction Partners, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. City ofMiami Page 150 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 PLANNING ADVISORY BOARD: Recommended approval to City Commission on January 18, 2006 by a vote of 6-1. See companion File ID 06-00136a. PURPOSE: This will change the above property to General Commercial. Motion by Commissioner Spence -Jones, seconded by Commissioner Haskins, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Haskins and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado A motion was made by Commissioner Spence -Jones, seconded by Commissioner Haskins, and was passed unanimously, with Vice Chairman Sanchez and Commissioner Regalado absent, to deny Item PZ. 27. Chairman Gonzalez: All right. PZ.27. Lourdes Slazyk (Assistant Director, Planning): PZ.27 and 28 are companion land use and zoning change items. This is for the property located at 7251 Northeast 2nd Avenue. This is also a request from industrial to general commercial. It's right around the corner from the Rail 72 one you just heard. Our recommendation for this is denial, as well. This is also an industrial area, where the general commercial classification is not appropriate. It's been recommended for approval by the Planning Advisory Board and approval by the Zoning Board. Chairman Gonzalez: You're recognized. Commissioner Spence -Jones: OK. I didn't know. They actually have -- Ben Fernandez: Thank you. Commissioner Spence -Jones: -- to present the proj -- this is the first time I've seen the project. Mr. B. Fernandez: Yes, it is. Commissioner, good afternoon. Ben Fernandez, Bercow & Radell, 200 South Biscayne Boulevard, here on behalf of the property owner. With me is the principal of Junction Lofts, Mr. Steven Perricone, also Mr. Bill Fuller, his partner, Mr. Rafael Marcos, and Robert Beauchamp, from Borges & Associates, our project architect. I will really get to the point with this. I'll get to the point with this because this is -- although it's similar to the application that you heard a little while ago, it's really very different. It's very separated and on the fringe. It's not in the Little River industrial area, which is here. It is on the periphery, which is Northeast 2ndAvenue, here. The pictures that Mr. Perricone has just distributed to you indicate what the property looks like today. It also demonstrates the fact, the very real fact that this property is surrounded by residential uses or noninstitutional uses on practically three sides. You have the church -- a church, a large church here to the north. You have residential uses right here. Everything on this picture that is shaded in brown is a residential use, and this, that's shaded in a red, is a large church, which you see in the pictures to Emmanuel Baptiste Church. Another thing that's very interesting about this site is that, historically, it was used for retail. The frontage of the shop -- you can see what it looks like now -- is a little retail operation. It always was neighborhood -serving, and it serves the neighbors that live in this residential area to the west. It serves the neighbors that live to the north, and over here to the south. What we have directly south of this site is the McArthur Dairy property, more -- the green space associated with that property, which ends at the south property line here. The McArthur Dairy doesn't utilize the east coast railway tracks whatsoever, and this property doesn't utilize it either because this property is less than a hundred feed wide. It's an extremely narrow sliver. We're talking about a small piece of property. It's a little bit wider -- it's about a hundred feet here, and then it tapers down, and it's really an awkward, sort of a remnant of something from the past, and now the dairy is really City ofMiami Page 151 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 come up to here, and what you have is a retail use here in the light blue area, followed by 11 units that have been used as warehouse space, and what we want to do is continue to utilize them as a live/work type of warehouse arrangement, with a very, very workforce type of orientation, and I'm going to letMr. Fuller tell you more about what that is in just a moment, but the point is, this is existing retail. This isn't an industrial site, never was; always was retail. You can see it in the pictures. As Ms. Slazyk explained to you, industrial allows retail uses. It's a pyramid -type zoning, so the point is, although this has been zoned industrial, it really isn't industrial and hasn't been industrial for some time. Mr. Perricone intends to bring in his wife's business, which is called Thistles & Petals -- it's on the Beach; it's a flower shop -- to occupy the southern -- the lower part of the building, and above that, he wants to bring in -- and ironically, Commissioner Sanchez, you said there aren't any bakers in this area. Well, Mr. Perricone's a baker, and actually, he wants to introduce a baking operation into the second level of that building, and although he won't be living there -- it won't be a live/work -- some of his employees might, so people associated with his business might, so this will truly be a live/work operation. We're requesting that you rezone the property to C-2, which will be consistent with the church that you have directly to the north. You're going to hear from the church members here, Emmanuel Baptiste congregation, Reverend Maxi (phonetic). They're sitting in the back. Can you all stand up for me just a moment, please? Say hello to your district Commissioner, Ms. Spence -Jones. Thank you, and that's really what we want you to recognize here is that this is part of the neighborhood -serving retail area that exists between 72nd Street and 79th. As you all know, there's a lot of new development coming to 79th Street and the 79th Street corridor; new improvements to that roadway, to 82nd Street, as well, and we think that the line, the industrial line, should be drawn at the dairy. That's where it makes most sense. It's unlikely that this will ever be utilized, this sliver area, for anything other than what it has historically been, which is retail, and I want to ask Mr. Fuller to talk to you a little bit about the pricing of these units and the plan for this unit. Bill Fuller: Hi. Bill Fuller, 7251 Northeast 2nd Avenue. I just wanted to explain that already 50 percent of the property is this -- the property is about 20,000 square feet, and 50 percent of it, 10,000 square feet is already retail use. What we're looking for really is to take the back 50 percent, about 10,000 square feet, which is already divided into ten separate bays -- and they're not even real bays. They're two -level platforms with bathrooms inside, and they really look like the structure or the shell for residential, and we wanted to make those unique properties that would invite what you've heard today, architects and professional craftsmen, furniture makers and that -- to be able to reside and live and work in the exact same location, and this is, believe it or not, a type of workforce housing, and this is attractive to business owners and to residential owners because by creating and making these available as residential units, these business owners can now afford to buy this by coming in with a minimum payment and financing under the residential housing loan programs that exist today. If they were to go and buy this as a commercial space, they would be required to bring in 25 percent down in cash, which is cost prohibitive to may small business owners, and would -- and we wouldn't see them as business owners, so this is just a format to help them, in a sense be able to afford those particular units. Like I said, there's already retail up front, and we would be looking to maintain retail in the back, maintain the business, but make it more economic and more feasible for people to live in them as well. Thank you. Chairman Gonzalez: Thank you. Mr. B. Fernandez: Thank you. Now I'd like to have Pastor Ronald Eugene briefly tell you how -- what it looks like from the church onto this property. Pastor Ronald Eugene: Good afternoon. My name is Pastor Ronald Eugene, of Emmanuel Haitian Baptist Church, right across the street from the railroad track, and I would like to say that it will be definitely a good change for the neighborhood. We have over a thousand City ofMiami Page 152 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 members that meet at the church on a Sunday morning. Eventually, when you look at that building right now, that's probably one of the worst looking building around the area, and with the changes that's going to come, I really believe it's going to be beautified -- it will beautify the rest of the town because, if you notice, even from downtown all the way up, there's a lot of changes taking place, and we definitely know that this change that will take place in our neighborhood will definitely be a positive thing. Mr. B. Fernandez: And lastly, I just want to mention that you -- this segment of the building will remain what it is, so in no way is this going to establish any kind of precedent for further rezonings because what you have to the south is the dairy; what you have across the street is residential. This isn't going to be establishing a domino effect. It's very dissimilar from other applications, which are entirely surrounded by industrial. This is not the fact, and with that, I would just close our presentation and reserve some time for rebuttal. Thank you. Chairman Gonzalez: All right. This is a public hearing. Yes, sir. Bennet Pumo: Bennet Pumo, of Ben Pumo Building Corporation. We do have industrial properties in the area. I read a statement earlier about having the work/live component brought into the City. The City does not have a work/live component at this time. The petitioner has asked for live/work. Live/work component is more residential than work. If they want a work/live component, perhaps, if the new zoning will allow it, if we can get that in our I-1 district. As far as the church that was here, the church, if you recall, used to be Baker, Knapp & Tubb. It was a furniture factory for many, many years, and because the zoning allows multiple uses in the area, it happens to be a church at this time, but it was a three-story furniture manufacturing plant. Mr. B. Fernandez: I'm sorry. I have to correct you on that. The church requires a special exception, and it's not permitted as of right. It's not a use. It's just -- Mr. Pumo: It's still there. Mr. B. Fernandez: -- (UNINTELLIGIBLE). Mr. Pumo: Regardless, it's still there in -- Mr. B. Fernandez: It was approved -- Mr. Pumo: -- an industrial building. Right. Mr. B. Fernandez: -- by a decision from this board. Chairman Gonzalez: But let me -- Mr. Pumo: That was an industrial building before they were a church. Chairman Gonzalez: -- please let me -- Mr. Pumo: Now -- Chairman Gonzalez: -- interrupt for a minute. Mr. Pumo: Yes, sir. Chairman Gonzalez: You said that there was a furniture manufacturing company -- City ofMiami Page 153 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Mr. Pumo: That's correct, Baker, Knapp & Tubb, used to be. Chairman Gonzalez: -- and why did the building get vacated? Why did the company --? Mr. Pumo: Baker, Knapp & Tubb moved up to the -- Dakota. Chairman Gonzalez: Pardon me? Mr. Pumo: They moved to Dakota. Chairman Gonzalez: They moved to -- Mr. Pumo: All right. Now, the property that's immediately adjacent to them to the east -- Chairman Gonzalez: How long was the building empty before it became a church? Mr. Pumo: I don't know. Chairman Gonzalez: That would be -- Mr. Pumo: It wasn't -- I don't think it was very long. I don't think it was long at all because it didn't go into disrepair, but the property right next to it happens to be an industrial building. The -- what they're talking about looking across the street, the church looking across the street at this particular property, well, only 50 feet away, McArthur Dairy is right now building their truck and terminal 24-hour yard, which is only going to be 50 feet across the street from this. They're going to have a truck and tractor terminal right across the street, and once again, you're taking this industrial property and you're venturing into spot zoning and segmenting now something to C-2. He's saying he wants to put a commercial bakery in there. That's a food production, and if you go to 11000, food production requires I-1. They're shooting themselves in the foot by asking for C-2. They have I-1 there now. He could put his bakery in there. If he goes to C-2, he won't be able to put the bakery there. The work/live component doesn't even exist in C-2, except for an R-3 special exception they can get later on. If these folks want to do something, let them change I-1 and enhance I-1 with a work/live component. Mr. B. Fernandez: That's incorrect. Mr. Pumo: (INAUDIBLE) need to do. Mr. B. Fernandez: That's entirely incorrect. You can -- Chairman Gonzalez: No. Ben -- Mr. B. Fernandez: -- package -- Chairman Gonzalez: -- let him finish -- Commissioner Spence -Jones: Let him finish. Chairman Gonzalez: -- and then you can rebut. Mr. B. Fernandez: I would just invite the Zoning Administrator -- Chairman Gonzalez: Yeah. City ofMiami Page 154 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Mr. B. Fernandez: -- to correct some of these statements. Chairman Gonzalez: I'm going to allow you five more seconds -- Mr. Pumo: OK. Chairman Gonzalez: -- because -- I'm sorry, five more minutes -- Mr. Pumo: According -- Chairman Gonzalez: -- because I took some minutes of your time. Mr. Pumo: -- OK, I got it here. In the City ofMiami evaluation and appraisal report by the Coronado Group, they have recognized the entire area as industrial. They have -- the existing land use plan is industrial; their future land use plan is industrial, the recommendation, and it also complies with the comprehensive master plan for City ofMiami. The change of zoning would be ludicrous. Chairman Gonzalez: Thank you, sir. Anyone else? Carlene Paul: Yes. Chairman Gonzalez: Yes, ma'am. Ms. Paul: Carlene Paul, again, chair of CAA (Community Action Agency) Edison/Little River Advisory Committee, 120 Northeast 59th Street. I heard the pastor talk, but the pastor have thousands of people that come to the church everyday and that live in the area, so obviously, there's enough living space because that's the most populated church in that area, and we're asking you again, Mr. Chair, members of the Commission, please, let's keep the little bit of industrial area that we have in the City ofMiami, on behalf of the constituent that come to meeting every month that do not want the change. Thank you. Chairman Gonzalez: Thank you. Hattie Willis: Commissioners, I'm going to make this brief. I'm just going to switch it over. I missed an MPO (Metropolitan Planning Organization) meeting today, where we won a victory, because we got $80 million to do a study and take care of the problems that we're having right now, which the Mayor has supported by doing the Miami 21. We don't have to even go through this, and we want you to understand, gentlemen, that we are not opposed to quality of life and economic change. It's what you're asking that you want to change. Come to us with something that we feel is viable to bring economic development and jobs and quality of life to the people in our communities -- let me finish -- and give us a chance to sit down with you and explain to you what we want. The change that's occurring in the City ofMiami is wonderful because, for the first time, people are listening to the community, and the close it is -- the Cit -- the Man -- the Commissioner just said it. It's the City's responsibility to clean up that industrial park and make it viable so people'll want to come and bring business to it, and right now, Northeast 2nd Avenue has got the money to redo that whole street, and this is what they know, so they don't have to spend their dollars because it's infrastructure and it's expensive. Give us the time to do what we need to do with the Miami 21. The answer is no. Igo with the staff recommend denial. Thank you. Chairman Gonzalez: Thank you. City ofMiami Page 155 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Leroy Jones: Leroy Jones, 180 Northwest 62nd Street, echo the same thing. We denied Mr. Felix [sic] because we wanted to keep an industrial park there. It should stay industrial. Stay the course. Chairman Gonzalez: All right. Mr. Jones. OK, thank you. Chairman Gonzalez: Thank you. Georgia Jones Ayers: The name is Georgia Jones Ayers, born, reared, geared, everything that you might want to say about me, in Miami, Florida. That area -- I usually fuss at my brothers and sisters about calling it Little Haiti, but it's Lemon City/Little Haiti. I will get out there and publicly picket anybody that comes in there and try to change that area from what it is. I am the founder/director of the Alternative Program. I have to find housing and everything else for people in that area and all around Dade County. I have purposely sat here and kept quiet, but I'm not keeping quiet anymore. If you come in there with anything to disrupt what we're trying to build in that area, you're going to have trouble out of Georgia Lee Thomas Jones Ayers, and before I sit down, I want you all to hear me when all of this is over. Thank you. Chairman Gonzalez: Thank you. Marliene Bastien: Mr. Chair, Commissioners. Marliene Bastien, again, from 8325 Northeast 2nd. I would again urge you to support the Planning Department proposal, recommendation to deny this proposal because, as Carlene indicated, there are businesses there; there are people living there. We don't have any indication that all these two are impossible in the community as it is right now, and I strongly oppose the proposal in front of you this afternoon. Thank you. Chairman Gonzalez: Thank you. Anyone else? Gepsie Metellus: Yes, sir. Good afternoon, Mr. Chair. Gepsie Metellus, 5000 Biscayne Boulevard, Miami, Florida. Commissioners, thank you very much for this opportunity. I simply want to echo Ben Pumo's comments and want to caution you that you want to allow yourself some time to either define clearly what is live/work versus work/live. You want to be sure that these definitions are in line with Miami 21. You want to be sure that any development that occurs in this particular neighborhood does not displace, and you want to be sure that the City puts its resources and its might, and its carrot and its stick, whatever you want to call it, you put that behind trying to improve the lives of people, trying to ensure that people have places in which to do business, as well as places in which to live, and so all this is cautioning you is to not do anything that would be outside of your great master plan, which is Miami 21, and so, if we've got to postpone some things such that they can be aligned, then I would recommend that that's the course of action. Otherwise, this cannot happen as it is being proposed. Thank you. Chairman Gonzalez: Thank you. Anyone else? Peter Ehrlich: Yes. Thank you for permission to speak again. My name is Peter Ehrlich. I have offices at 395 Northeast 59th Street and Northeast 4th Avenue. I'll be -- I ask you to approve the application, and I would like to point out, just to refer you to the map that I submitted previously from Miami 21 dot org. The Miami 21 is not complete yet, but this is a draft map with the recommendations that came about through a lot of community meetings from people in the Upper Eastside, Little Haiti, Lemon City, Little River, and they contributed their ideas, and the consultants, Goody Clancy, the subconsultants to Miami 21, they came out with this chart listing what they think would be the best things to happen in this area. The area City ofMiami Page 156 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 delineated in yellow is the 80 to 100 acres that's called Lemon City or Little River Industrial Park, south of 72nd Street, down to 59th Street, and it says right on their chart that this should be mixed -use development to benefit -- my eyesight isn't as good as it used to be -- but it's to support the new park with mixed -use development, support the cultural center, pedestrian friendly workforce housing, connect to the FEC (Florida East Coast) greenway, so you know, please, Miami 21 isn't quite finished yet, but this is one of the initial rec -- staff -- or consultant recommendations, and I hope you'll take into account, and I hope you'll approve the application. Thank you very much. Chairman Gonzalez: Thank you. Anyone else? All right. Seeing none, public hearing is closed. You want -- Mr. B. Fernandez: Yes. Chairman Gonzalez: -- to rebuttal? Mr. B. Fernandez: Brief rebuttal. I'm just going to point out one thing. I know that you've been through these arguments just a couple of applications ago, but what's very obvious is the proximity of the residential here. It's right across the street, and you see it in your pictures. The other thing that's very important for you to note is that we'll have to come back to the Zoning Board with an application for a special exception for anything that we do. This is not the end of the road for us, so you would have another opportunity to review what ultimately gets done here. If the application isn't approved, what we're going to simply do is leave the property the way it is; use it for retail, perhaps, which is the only thing that's viable there; industrial isn't, so it's going to look the way it looks, which we want to bring jobs to the area and we want to keep the retail that's on the site. This isn't about introducing strictly live/work. It's about maintaining a retail component that's always been there on 2nd Avenue. Thank you. Chairman Gonzalez: Thank you. All right. It comes back to the Commission. Commissioner Spence -Jones. Commissioner Spence -Jones: Once again, this is in my district. This is -- like I said earlier, this has been one of the biggest challenges that I've had regarding, you know, development happening within my district -- and Mr. Perricone, can you --? And I have much respect for you and your business and what you've done with your -- I love your space and -- on Brickell and the stuff that you're getting ready to do on the Upper Eastside, so it's -- it really has nothing to do with you, so it's -- I really just want to make that clear because I do understand that, you know, you have a vision. There's some great things that you're trying to do there, and I don't -- I'm not trying to stop the vision of anything happening. My biggest concern on all of this is the people that I serve in Little Haiti; the people that I serve in Lemon City; the people that are in that area that feel this is the next step to them being pushed out. That's real to them, and industrial areas are areas where we haven't done our job, from a City's perspective, to really attract jobs back to the area. Maybe the reason the Dakota church -- I mean, Dakota furniture store left was because it didn't really have the support from the City like it needed, you know, to encourage the -- maybe we didn't provide them with incentives. Maybe -- there could be so many reasons why they left, and I can tell you, for a long time, until we started putting some real attention on the area, that particular area, things at least started to change, and hopefully, we can put together a serious industrial park next to something that we're already spending $25 million on, you know, because we have to upgrade the area. You can't have a beautiful park, you know, and have a horrible -looking industrial park next to it, and I just -- if nothing else, I just want you to understand -- and I know it's very difficult to -- you know, after working on something and trying to get something done, and I'm sure your intentions are great, but when you sit in this seat, you have to deal with the people that you serve, and hopefully, the zoning that this is allow -- that's allowed there can -- maybe there's City ofMiami Page 157 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 some other use that we can come up with to assist you with making it easier for you. Young lady said earlier, we are getting ready to do a major road improvement project on Northeast 2nd Avenue, which your property is going to be affected by it, you know, so I just don't -- the most important thing, I just don't want you to feel as though we're not -- you know, the City's just being -- or I, as the Commissioner, is not trying to work with you because whatever I need to do -- I know you don't want to have your business there or property there that's not doing well, but the City needs to do whatever we need to do to make it not a loss for you, and I just want to say that to you because I know it's hard to sit up here and listen to the community really go off you know, about a project, and you know, their concerns, at the end of the day, is that they're going to end up being put -- that's what it all equates to, so I just wanted you to know that, and I am committed, and I'll make sure our departments are committed to really work with you so that it's a valuable piece of property for you. Steven Perricone: You know -- Steven Perricone. I appreciate your comments, and you know, I have been living and working in Miami for 15, 16 years, and I went to South Beach in 1989, and I went to the west side of Brickell in 1994, when there really wasn't anything there, and I saw this area as a very similar area, an area to bring some life and some vibrancy to. I wasn't trying to displace anyone. As Bill Fuller explained, it was a small portion of the building that was really, unfortunately, illegally being used for live/work when we bought the building, and it was an eyesore, and I was taking a vibrant business -- or intended to take a vibrant business from South Beach, which employs over 25 people currently, which is my wife's flower shop, and then to put in also a wholesale bakery operation, which again, would employ maybe a half a dozen or more people, so the retail component, which it always was, would remain, and I didn't, by any means or any stretch, intend to displace anyone by converting smaller units, what we really felt would really be affordable live/work space, true live/work, and I know there's -- you know, is it work/live or is it live/work? I know there is a difference, but with the size of the building, with the way the building was, this really was conducive to that, and that was the concept behind it, and I am sensitive to the community's -- Commissioner Spence -Jones: And I -- Perricone: -- feelings, and in no means did I want to offend anyone in the community. Commissioner Spence -Jones: -- thought that it was important for me to at least address you so that the folks -- Perricone: Well, I appreciate it. Commissioner Spence -Jones: -- that are in the community know who you are, and I want them to be good neighbors so that we can find a better way to utilize your existing properties. I want to also say to the pastor that came out to support the project, I also want the pastor to know -- I mean, I understand your viewpoint. It's very important that we support you -- as Teacher Carlene said, you have probably most of my -- most of the members of your church are residents in my district, and for that reason, I'm concerned about them being displaced. I'm concerned about them not being able to have jobs, and once I make this change today, that's it. It's done, and then you'll be in here the next time telling me, Commissioner, why did you do that to me? You didn't explain to me that the area was going to change, so I just think that -- the only thing that I really wanted to say is that it would be great to see some working together, not just because, pastor, coming out just because it's an item that's in front of us, but really having a working relationship so that we never get to the point like this again that you put time and energy into making something happen for the good only to find out that you have opposition. Mr. B. Fernandez: But Commissioner, may I say something for the record? City ofMiami Page 158 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Commissioner Spence -Jones: Sure. Mr. B. Fernandez: This is the first time that you see this application -- Commissioner Spence -Jones: Um -hum. Mr. B. Fernandez: -- and perhaps, it wasn't abundantly clear that with a C-2 zoning, for instance, the wholesale baking is still a permitted use, which is compatible with industrial -- Commissioner Spence -Jones: Um -hum. Mr. B. Fernandez: -- and that's what we want to maintain on this site -- Commissioner Spence -Jones: Um -hum. Mr. B. Fernandez: -- so I don't know if that is significant to you, the fact that there are going to be jobs created, and the fact that it isn't going to be, you know, entirely residential, and it isn't going to be entirely retail. It's going to be a wholesale type of -- you know, light industrial type of use because your industrial in the zoning is really heavy industrial. Your C-2 allows packaging. Many of your "industrial uses" are actually C-2 along the Miami River, you know, in other areas. They function as light industrial operations, and I think that's the kind of thing thatMr. Perricone's trying to keep or bring to this property. Commissioner Spence -Jones: OK. Can I ask you a question, Lourdes, real fast, before I make a decision on this? I mean, today, at least, I think thatMr. Perricone's made a very good point from the standpoint of what retail businesses -- not retail businesses that he's hoping to have come, but businesses that he knows that he's going to bring a certain level of jobs to the area already from the retail standpoint. I just want to have a clear understanding. If he's saying -- currently, everything is zoned industrial, right, the whole piece? Ms. Slazyk: Correct. Commissioner Spence -Jones: OK, so he's going for a C-2. Ms. Slazyk: C-2, which is a general commercial -- Commissioner Spence -Jones: OK -- Ms. Slazyk: -- correct. Commissioner Spence -Jones: -- and your concern from a Planning standpoint -- I want you to be very clear, to put that on the record, why you have a con -- why Planning has a concern with this project or this project being zoned something else. Ms. Slazyk: OK. The -- it goes to the fact that the C-2 classification does allow residential, which is not compatible with industrial. It's an inconsistent use for the character of the area, and true, this is on the edge of the industrial district, but it is still the industrial district, so -- Commissioner Spence -Jones: OK. Jorge L. Fernandez (City Attorney): And -- Chairman Gonzalez: All right. City ofMiami Page 159 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Commissioner Spence -Jones: Yes, City Attorney. Mr. B. Fernandez: But couldn't we address that through the special exception, further work with staff? I mean, it would still require another hearing to ensure compatibility. Ms. Slazyk: But this is a land use and zoning change, so -- Mr. B. Fernandez: That's true -- Ms. Slazyk: -- we can't address conditions. Mr. B. Fernandez: -- and we can't get into the plan -- Ms. Slazyk: Yeah, you can't. Mr. B. Fernandez: -- but we'd be happy to work with you on that. Mr. Fernandez: Well, you know, the past practices and the way that the City has consistently been approaching all of these issues -- when I hear a developer or a developer attorney, in a comprehensive plan change, talk about the specific uses to which the property would be put and I see the Commission passively sitting there, I'm inclined to interrupt the dialogue, but out of courtesy to the applicant and out of consideration to you, I keep quiet because I really hope and trust that you remember what I have been advising you all along. Land use changes go with the land. If you change this application in the comprehensive plan to C-2, it is C-2. Their promises, well intended, honorable; you can rely and trust them because from week to week, they appear in front of you. They fool you once, and they're gone. They know that, so you know, taking into account all of those good things, the fact still remains that what they're asking for is a permanent, transcendental, big change in the land use. If a fu -- at a future time, after they have had this use, that they come through with a special exception and all of that, if at a future time, a buyer of that property that now has that in place chooses to change it to any of the other C-2 uses, they're entitled to do that because the underlying zone and the comp. plan has already changed. Mr. B. Fernandez: You're absolutely right, Mr. Fernandez. With all due respect to your learned counsel, we would be willing -- the only thing that we can do -- this is the only process that we have. It's not like we have a choice. It's not like we choose to ask for the zoning first and there's another way to do it. It's the only way to do it, but we do have, in our arsenal of weapons, so to speak, to ask -- to give to you is a covenant that would ensure that the front portion of this property would remain a C-2 liberal commercial employment center for this area, and we'd be happy to proffer that between now -- Mr. Fernandez: Well -- Mr. B. Fernandez: -- if you wish to continue this matter, we would be happy to proffer a covenant to that effect, which is all that we can do. Mr. Fernandez: Again, my distant cousin, Mr. Fernandez here, is trying to grasp straws to go somewhere else with it. The whole use of proffering covenants, not as part of the comprehensive plan change, but as part of the zoning map, is another type of practice that, over the years, has been worked in such a way that I would like, again, over the next several years, try to redirect the attention of the development community and of this Commission to how I believe it's best practices that needs to be done. There is limited uses for proffered covenants when you're dealing with these types of situations. Hopefully, Miami 21 will rise up to the occasion and speak to all of these issues, fundamentally, so that the development City ofMiami Page 160 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 community no longer feels the need to be in a -- caught in the bind of you know, we can't do it because of zoning, and you know -- and then we have, in fact, forced them into doing things that have made the system very complex, and at times, unfair to them, and at times, unfair to the residents, so again, understanding all of that, I just want to continue to be your conscience when it comes to understanding what's happening, without interfering with your decision as you weigh the evidence that's been adduced in front of you. Mr. B. Fernandez: And ifI could only play the left side of the brain, please don't make us an example of Mr. Fernandez's quote for future legal reformation at the City. This is a very -- Mr. Fernandez: Ms. -- Mr. B. Fernandez: -- small application -- Mr. Fernandez: -- Dougherty is sitting there, and she's taking notes of everything I -- Mr. B. Fernandez: -- copious -- Mr. Fernandez: -- have said also. Mr. B. Fernandez: -- I'm sure, but the fact is, Miami 21 is around the corner, and we can wait for that, or we can do what every other developer does, you know, work with staff to craft a covenant that would ensure that this property remain compatible with both the church and with the industrial area, and that's all I'll say. Chairman Gonzalez: All right. I think it's time to either fish or cut bait, so -- Commissioner Spence -Jones: So I've heard both sides, Ben, distant cousin to Fernandez, but I, again, have to go with what the residents really want to see happen in the district. I mean, that's the folks that elected me, and it's really important that we focus -- again, Mr. Perricone, I would love to work with you, and hopefully, our team can work with you to figure out the best use for the area, but my motion is to deny. Chairman Gonzalez: All right, so we have a motion to deny PZ.29, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: And it's only three of us? Mr. Fernandez: Yes -- Chairman Gonzalez: Yes. Mr. Fernandez: And then again, you need the same action for the next item. PZ.28 06-00136a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 9, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "I" INDUSTRIAL TO "C-2" LIBERAL COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 7251 NORTHEAST 2ND City ofMiami Page 161 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from I Industrial to C-2 Liberal Commercial to Change the Zoning Atlas LOCATION: Approximately 7251 NE 2nd Avenue APPLICANT(S): Ben Fernandez, Esquire, on behalf of Junction Partners, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended of approval to City Commission on February 13, 2006 by a vote of 6-2. See companion File ID 06-00136. PURPOSE: This will change the above property to C-2 Liberal Commercial. Motion by Commissioner Spence -Jones, seconded by Commissioner Haskins, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Haskins and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado A motion was made by Commissioner Spence -Jones, seconded by Commissioner Haskins, and was passed unanimously, with Vice Chairman Sanchez and Commissioner Regalado absent, to deny Item PZ.28. Chairman Gonzalez: And on PZ.30, there -- we need a motion -- Priscilla A. Thompson (City Clerk): I'm sorry, Chair, we're on 27 and 28. Chairman Gonzalez: Pardon me? Ms. Thompson: We're on 27. That first one was 20 -- Chairman Gonzalez: I'm sorry. PZ.27. Commissioner Spence -Jones: We just did -- Lourdes Slazyk (Assistant Director, Planning): Yeah, we did -- yeah. Chairman Gonzalez: Sorry, PZ.27. Ms. Slazyk: PZ.27 was the denial you just did, and we need the same for PZ.28. Chairman Gonzalez: For PZ.28, that's correct. I need a motion on PZ.28. Commissioner Spence -Jones: Oh, motion. Commissioner Haskins: Second. City ofMiami Page 162 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Chairman Gonzalez: We have a motion to deny PZ.28, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Commissioner Spence -Jones: Sorry, Ben. PZ.29 06-00261 ORDINANCE First 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 TO MODIFY THE REQUIREMENTS FOR THE PARKING TRUST FUND IN THE SD-2 SPECIAL ZONING DISTRICT AS SPECIFIED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI; AND TO INTRODUCE A PARKING TRUST FUND SECTION FOR 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. APPLICANT(S): Pedro G. Hernandez, 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. See related File ID 06-00261a. PURPOSE: This will amend the Miami City Code in order to modify the requirements for parking in the SD-8 special zoning district. NOTE: The Planning Department recommended substantial changes; therefore, this item returned to First Reading. Motion by Commissioner Spence -Jones, seconded by Commissioner Haskins, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez A direction by Commissioner Spence -Jones to the Administration to continue dialogue with Art Noriega (Miami Parking Authority) and Bob de la Fuente in reference to the proposed amount of payment into the Parking Trust Fund for parking spaces and the proposed rates for parking. Chairman Gonzalez: PZ. 29. Lourdes Slazyk (Assistant Director, Planning): PZ. 29 is here for your on first reading. You actually already approved it on first reading and directed us to meet with the Department of Off -Street Parking to make some changes. This is an amendment to the City Code in order to institute a parking trust fund for the SD-8 Design District. We met with the Department of Off -Street Parking, and there were some things in there that they needed to be corrected, so they're back to you first reading again. Primarily, what needed to be changed was the amount City ofMiami Page 163 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 of payment into the trust fund for parking space. The amounts -- Chairman Gonzalez: All right. Ms. Slazyk: OK. Chairman Gonzalez: Is there anyone in opposition of this item? Bob de la Fuente: Yes. Chairman Gonzalez: You are in opposition? Mr. de la Fuente: Sort of soft opposition. Chairman Gonzalez: Sort of OK. Either you are or you're not, you know. There is not -- Commissioner Spence -Jones: Not one foot in -- Mr. de la Fuente: At this point, we -- Commissioner Spence -Jones: -- one foot out. Mr. de la Fuente: -- have concerns with it. Chairman Gonzalez: You can't be half. You need to be -- either be or not be. Go ahead. Mr. de la Fuente: Yes. Chairman Gonzalez: Go ahead. Mr. de la Fuente: For the record, my name is Bob de la Fuente, with law offices at 1441 Brickell. I am here on behalf of Dacra, and we just have a couple of concerns with the draft that my client received for the first time on Monday, and mainly, it has to do with the rates that have been proposed in this. We feel that the rates are excessive for the area, and we fear that the rates are going to be a deterrence to actual economic redevelopment of this area, which is the main goal -- one of the main goals of this process, so we would just say that, between now and second reading, we would encourage the Department to continue to look at these, and we will continue our dialogue with Mr. Noriega because I believe that, perhaps, the rates were based on an inaccurate construction cost that's been anticipated, so we would hope that the Commission would also direct staff to continue to work with us and try to reduce these rates significantly because they're about a hundred percent higher than we thought they were going to be. Chairman Gonzalez: All right. I think one of the Commissioners can direct the Administration to sit down -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- with Miami Parking and -- Commissioner Spence -Jones: I think that's Dacra, right, that's in -- within Design District. Ms. Slazyk: Yeah. City ofMiami Page 164 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Commissioner Spence -Jones: Definitely -- please -- and I really need to make sure that we're at the table on this whole thing regarding the Dacra issue because I know that Mr. Robins had some serious issues about it -- Slazyk: OK. Commissioner Spence -Jones: -- so I guess well pass it for now, correct, Mr. Chairman -- Ms. Slazyk: You can pass it on first -- Commissioner Spence -Jones: -- and then we can --? Ms. Slazyk: -- reading and we'll -- Chairman Gonzalez: We can do it on first -- Ms. Slazyk: -- meet before -- Commissioner Spence -Jones: Well pass it on the first reading. Ms. Slazyk: -- second reading -- Chairman Gonzalez: Right. Ms. Slazyk: -- but just for the record, these came directly from the Department of Off -Street Parking, and this is what they do, and these are the rates that Mr. Noriega felt was what it was going to cost, and like Coconut Grove, what happens is once they actually have the garage built, then the rates actually came down, but he -- this is what he felt he needed as an initial number, but I'll meet with him again, and with you, and well see if you know, maybe Art has -- needs some additional information. Mr. de la Fuente: Thank you. Ms. Slazyk: OK. Chairman Gonzalez: All right, so the public hearing is closed. It comes back to the Commission. Do I have a motion? Commissioner Spence -Jones: So moved. Commissioner Haskins: Second. Chairman Gonzalez: We have a motion and a second to approve on first reading. It's an ordinance. The Ordinance was read by title into the public record by the 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 165 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 PZ.30 06-00666zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ARTICLE 25, SECTION 2502 OF ZONING ORDINANCE 11000, AS AMENDED, IN ORDER TO EXPAND THE DEFINITION OF A DWELLING UNIT TO ACCOMMODATE STUDENT HOUSING WITHIN ANY DISTRICT WHICH PERMITS MULTIFAMILY HOUSING; TO AMEND THE DEFINITION OF FAMILY TO EXCLUDE STUDENT HOUSING; AND TO ADD A DEFINITION FOR STUDENT HOUSING USE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 3, 2006 by a vote of 9-0. PURPOSE: This provides for a definition of student housing. Motion by Commissioner Haskins, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Chairman Gonzalez: PZ.30. Lourdes Slazyk (Assistant Director, Planning): PZ.30 is a text amendment in order to expand the definition of a dwelling unit to accommodate student housing within any district which permits multifamily housing. This is being done right now in order to allow more flexible student housing options within the City, particularly in downtown, and it's been recommended for approval. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed. It comes back to the Commission. Commissioner Haskins: I move item PZ.30. Chairman Gonzalez: We have a motion on PZ.30. Do I hear a second? Commissioner Spence -Jones: Second. Chairman Gonzalez: And we have a second. All in -- I'm sorry, it's an ordinance. Mr. City Attorney. The Ordinance was read by title into the public record by the 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. City ofMiami Page 166 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.31 06-00806zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ARTICLE 4, SECTION 401 OF ZONING ORDINANCE NO. 11000, AS AMENDED, RELATING TO OFFSTREET PARKING IN THE CENTRAL BUSINESS DISTRICT (CBD), IN ORDER TO ELIMINATE RESIDENTIAL PARKING REQUIREMENTS WITHIN THE CENTRAL BUSINESS DISTRICT FOR DEVELOPMENTS LOCATED WITHIN 600 FEET OF A RAPID TRANSIT/METRORAIL STATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 17, 2006 by a vote of 8-0. PURPOSE: This will amend the Zoning Ordinance to eliminate the residential parking requirements within the Central Business District (CBD). Motion by Commissioner Haskins, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Haskins, Regalado and Spence -Jones Noes: 1 - Commissioner Gonzalez Absent: 1 - Commissioner Sanchez A direction by Commissioner Haskins to the Administration to provide information on the potential impact of eliminating residential parking within the Central Business District (CBD) and its affect on parking rates. Chairman Gonzalez: PZ.31. Lourdes Slazyk (Assistant Director, Planning): PZ.31 is a first reading ordinance. This is to eliminate residential parking requirements in CBD (Central Business District) for developments within 600 feet of a rapid transit station. There is -- I just need to put in the record real quick for the Clerk this is going to be a modified ordinance. There was a scrivener -- it's not a scrivener's error. I think it was a Legistar glitch. On page 2 of the legislation, item number 3 needed to have been shown as stricken, and you can see that the renumbering took place, but the stricken language wasn't shown as stricken, even though it was in the original draft, so anyway, just for the record, that's got to be -- Priscilla A. Thompson (City Clerk): So that sounds like a formatting issue. Ms. Slazyk: It's a formatting -- Ms. Thompson: The language is correct -- Ms. Slazyk: -- exactly. City ofMiami Page 167 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Ms. Thompson: -- but just a formatting issue. Ms. Slazyk: Exactly, so -- Ms. Thompson: OK. Commissioner Regalado: Mr. Chairman. Lourdes, what is the meaning of this? To -- so the residential will use the Metrorail parking? Ms. Slazyk: Right. What it is now is you can have zero parking for residential, but you have to find off -site parking. You can rent spaces in a garage. There's other mechanisms, you know, with which you can meet your parking. What this is going to do is say that off-street parking shall not be required for these uses when they're located within 600 feet of a rapid transit. Doesn't mean it's not allowed; it's just not going to be required, so this way, the market is going to determine -- you know, a developer can build his project with parking, but he's not going to be bound to any number. He can choose -- or the bank can choose how much he's going to provide. The City's not going to tie him to a number. Commissioner Spence -Jones: Whoa. Commissioner Regalado: But people do have cars, and where they would park? Ms. Slazyk: Where they will park -- they -- in many other cities in down -- remember, this is only CBD. In many other cities, people either keep cars in off -site locations in garages. If you live and work in downtown and you don't need your car everyday, you can park it in a garage. You can find, you know, space somewhere else for the -- Commissioner Regalado: No. Ms. Slazyk: -- weekends or whenever you need it. This is something that's done in major cities all over the country. It's consistent. Commissioner Spence -Jones: In New York there's (INAUDIBLE) -- Ms. Slazyk: It's consistent. Commissioner Regalado: In major cities -- Chairman Gonzalez: Major cities. Commissioner Regalado: -- around the country. Ms. Slazyk: I think Miami is a major city. Commissioner Regalado: In major cities around the -- Chairman Gonzalez: He said it; major cities. Commissioner Regalado: -- country, people -- everyone does not have a car -- Ms. Slazyk: No. Commissioner Regalado: -- but my issue was that we do not control the sites of the Metrorail. City ofMiami Page 168 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Chairman Gonzalez: Right. Commissioner Regalado: Look what is happening in 27th Avenue, and the County now, very aggressive, is looking for developers within the Metrorail areas, and the County itself has the policy of not caring about if they don't have parking anymore, so this will complicate more the parking situation. I understand what you're looking -- this -- offer people option -- Slazyk: We're not telling them they can't have parking. Commissioner Regalado: No, I understand -- Ms. Slazyk: We're just saying we're not -- Commissioner Regalado: -- that. Ms. Slazyk: -- going to require any. Commissioner Regalado: Exactly. Ms. Slazyk: You choose how much you want to provide. Commissioner Regalado: I understand that -- Ms. Slazyk: OK. Commissioner Regalado: -- but there is no way that you can plan thinking that the Metrorail parking could be available somehow, you know what I mean? Ms. Slazyk: I didn't say it had to be Metrorail. There are private parking operators. Somebody somewhere will figure out where to store their car. Commissioner Spence -Jones: Who --? Lucia Dougherty: Could I just address it? This ordinance was a -- as initiative by The Related Companies in building their affordable housing projects in downtown. It is only applicable in the CBD -- Ms. Slazyk: That's right. Ms. Dougherty: -- and where there is parking -- where -- there's lots of garages in downtown, but we can't lease the spaces, so Loft I's actually -- Loft actually was able to lease spaces in the downtown parking garage for the residents at night. Lofts II cannot do it -- Chairman Gonzalez: Right. Ms. Dougherty: -- so the purpose of this is only to allow it around the Metrorail stations in downtown and nowhere else; not around the Metro stations in any other place in the City. Chairman Gonzalez: But I heard that with that particular project, there was a problem that -- and I don't know ifI was informed right -- that the developer was asked that their residents will have to abandon the parking lot by 6 a.m. in the morning or whatever because they want to double dip. They want to -- Ms. Dougherty: You mean Off -Street Parking. City ofMiami Page 169 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Chairman Gonzalez: -- rent the parking -- Ms. Dougherty: Well, they wouldn't -- Chairman Gonzalez: -- space to the -- Ms. Dougherty: -- allow us to rent -- lease it full-time. Chairman Gonzalez: -- residents and then they want to rent the parking to the business community or whomever, and let me tell you, who is going to guarantee that these people are going to find another place to park? Who's going to guarantee that these people are not going to be gouged on pricing on parking because once we have `X" amount of buildings in downtown and there is no parking, whoever owns a parking lot is going to raise -- is going to increase the rate of those parking spaces to the sky because it's -- you know, it's offer and demand -- Commissioner Spence -Jones: Mr. Chairman -- Chairman Gonzalez: -- so I have a serious problem with this proposal -- Commissioner Spence -Jones: Mr. Chairman, I just want to -- Chairman Gonzalez: -- a serious problem. Commissioner Spence -Jones: -- add -- I'll yield to you if you wanted to make a comment. Chairman Gonzalez: Yes, ma'am. Go ahead. Commissioner Spence -Jones: OK. I just want to be clear, Lourdes, so we're making this change because of one project? Ms. Slazyk: I -- well, no. There would be probably future projects that would -- Commissioner Spence -Jones: But this one project is -- Ms. Slazyk: -- avail themselves -- Commissioner Spence -Jones: -- driving this legislation? Ms. Slazyk: They -- well, that's where the -- Jorge L. Fernandez (City Attorney): Idea. Ms. Slazyk: -- idea, yeah, that -- the -- it initiated because of that, but again, it's not uncommon -- Commissioner Spence -Jones: I think we really need -- Ms. Slazyk: -- in -- Commissioner Spence -Jones: -- I think -- Ms. Slazyk: -- downtown. As a matter of fact, our downtown DRI (Development of Regional City ofMiami Page 170 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Impact) says we should have caps on parking in downtown -- Mr. Fernandez: Yes. Commissioner Spence -Jones: I think -- Ms. Slazyk: -- so -- Commissioner Spence -Jones: -- that we need to, just based upon what the Chairman is thinking, what I am feeling, and I don't know what Commissioner Haskins is going to say after that, but she got that look. I know that look. I think that we may need to just -- Ms. Slazyk: Continue. Commissioner Spence -Jones: -- I think we need to just have a better understanding of what kind of impact this is going to have, even for a smaller area, the Central Business District, because once we make this change -- Mr. Fernandez: Continue. Commissioner Spence -Jones: -- so, to me, I would think that we should -- Mr. Fernandez: Continue. Commissioner Spence -Jones: -- maybe -- Commissioner Haskins: I -- Commissioner Spence -Jones: -- perhaps, continue it -- Commissioner Haskins: Yeah. Commissioner Spence -Jones: -- but I want to defer to Commissioner Haskins. Ms. Slazyk: Can we continue it to -- Commissioner Haskins: I think there's some -- Ms. Slazyk: -- September? Commissioner Haskins: -- very -- there are significant questions to this. I -- you know, and having been to Chicago and, you know, on some of the economic development trips, and New York, I understand this, and you know, it is quite limited. It is 600 feet within a rapid transit site, and because of my role in dealing with some of the affordable housing issues, I know what a challenge it's been to -- for these developers to provide the appropriate amount of parking and keep the units affordable, so I think -- this is a first reading item, right? Ms. Slazyk: Yes. Commissioner Haskins: If we could either defer it or pass it on first reading, but if staff could come back with answers to these questions: What is the impact? What's going to happen with parking rates? You know, will there be -- will we be able to provide --? And if that's not until September, that's not until September, you know -- City ofMiami Page 171 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Ms. Slazyk: Yeah. I would say that the July -- Commissioner Haskins: -- but think we -- Ms. Slazyk: -- agenda is very heavy. Commissioner Haskins: -- need to have some answers on what the impact of this is. Ms. Dougherty: Well, if we could have this passed on first reading, and we'll make sure that people are here with the answers by your next Commission meeting. Commissioner Spence -Jones: And I'm fine. Well, I'm -- defer to you, Commissioner Haskins, because it is your district, you know what mean? Commissioner Haskins: I mean, it's not in effect -- Commissioner Spence -Jones: I mean, you're the -- Commissioner Haskins: -- until second reading. It's not an emergency, and I would move it on first reading, but ask for a lot of information to come back, and with the warning that unless we get a lot of good information, it may not pass. Chairman Gonzalez: All right. We have a motion. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a second. It is a resolution -- no, it's an ordinance. Ms. Slazyk: It's an ordinance. Mr. Fernandez: It's an ordinance. Ms. Thompson: It's an ordinance. Chairman Gonzalez: It's an ordinance. Mr. City Attorney. Mr. Fernandez: And the members of the public have spoken. Chairman Gonzalez: Oh, I'm sorry. It's also 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. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: All right. Roll call. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. City ofMiami Page 172 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Ms. Thompson: Commissioner Haskins? Commissioner Haskins: Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: No -- Ms. Thompson: The -- Chairman Gonzalez: -- and let me tell you, you have to start learning to brief the Commissioners on all of these items. My office was not briefed on this item. I don't know what this item is all about. I don't know if it's intended to benefit a specific person or company or developer. I don't know what's the purpose behind this ordinance, so since it's not clear to me, I'm voting no. Thank you. Commissioner Haskins: And -- Ms. Thompson: All right. That means -- Commissioner Haskins: -- Commissioner Gonzalez, I think you're absolutely right. We should never have ordinances that are designed for one project. That's not -- Chairman Gonzalez: But they're used to it. I mean, they -- you know, I have said it a hundred times since I became a Commissioner, but they don't listen. Ms. Thompson: Just to record the vote on that first reading ordinance, it was passed 3/1, with Chairman Gonzalez voting no. Chairman Gonzalez: Yes, ma'am. PZ.32 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. 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 which 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. City ofMiami Page 173 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Motion by Commissioner Haskins, seconded by Commissioner Sanchez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones A motion was made by Commissioner Haskins, seconded by Vice Chairman Sanchez, and was passed unanimously, to continue Item PZ.32 to the Commission meeting currently scheduled for July 27, 2006. PZ.33 06-00379Iu ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY ONE HERALD PLAZA - PARCEL 1, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately One Herald Plaza - Parcel 1 [Commissioner Linda M. Haskins - District 2] APPLICANT(S): Javier F. Avino, Esquire, on behalf of Citisquare Group, LLC, Contract Purchaser, and Knight-Ridder, Inc., Owner and the McClatchy Company (Publicly Owned) as Successor in Interest FINDINGS: PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS: Platting is required. PLANNING ADVISORY BOARD: Recommended denial due to the failure to obtain the required five affirmative votes in favor of the plan to the City Commission on May 17, 2006 by a vote of 4-3. See companion File ID 06-00379zc and related File IDs 06-003831u and 06-00383zc. PURPOSE: This will change the above property to Restricted Commercial for the proposed Herald Square - Parcel 1 Major Use Special Permit. Motion by Commissioner Haskins, seconded by Commissioner Sanchez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones A motion was made by Commissioner Haskins, seconded by Vice Chairman Sanchez, and was passed unanimously, to continue Item PZ.33 to the Commission meeting currently scheduled for July 27, 2006. PZ.34 06-00379zc ORDINANCE First Reading 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 City ofMiami Page 174 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "C-2" LIBERAL COMMERCIAL TO "SD-6" CENTRAL COMMERCIAL -RESIDENTIAL DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY ONE HERALD PLAZA (PARCEL 1), MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately One Herald Plaza (Parcel 1) [Commissioner Linda M. Haskins - District 2] APPLICANT(S): Javier F. Avino, Esquire, on behalf of Citisquare Group, LLC, Contract Purchaser, and Knight-Ridder, Inc., Owner and the McClatchy Company (Publicly Owned) as Successor in Interest FINDINGS: PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS: Platting is required. ZONING BOARD: Recommended denial to City Commission on May 8, 2006 by a vote of 4-2 by virtue of the fact that Section 62-93 of the City Code requires five (5) favorable votes for the approval. See companion File ID 06-003791u and related File IDs 06-003831u and 06-00383zc. PURPOSE: This will change the above property to SD-6 Central Commercial -Residential District for the proposed Herald Square (Parcel 1) Major Use Special Permit. Motion by Commissioner Haskins, seconded by Commissioner Sanchez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones A motion was made by Commissioner Haskins, seconded by Vice Chairman Sanchez, and was passed unanimously, to continue Item PZ.34 to the Commission meeting currently scheduled for July 27, 2006. PZ.35 06-00383Iu ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY ONE HERALD PLAZA - PARCEL 3, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately One Herald Plaza - Parcel 3 [Commissioner Linda M. Haskins - District 2] City ofMiami Page 175 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 APPLICANT(S): Javier F. Avino, Esquire, on behalf of Citisquare Group, LLC, Contract Purchaser, and Knight-Ridder, Inc., Owner and the McClatchy Company (Publicly Owned) as Successor in Interest FINDINGS: PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS: Platting is required. PLANNING ADVISORY BOARD: Recommended denial due to the failure to obtain the required five affirmative votes in favor of the plan to the City Commission on May 17, 2006 by a vote of 4-3. See companion File IDs 06-00383zc and 06-00383mu. PURPOSE: This will change the above property to Restricted Commercial for the proposed Herald Square - Parcel 3 Major Use Special Permit. Motion by Commissioner Haskins, seconded by Commissioner Sanchez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones A motion was made by Commissioner Haskins, seconded by Vice Chairman Sanchez, and was passed unanimously, to continue Item PZ.35 to the Commission meeting currently scheduled for July 27, 2006. PZ.36 06-00383zc ORDINANCE First Reading 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 "C-2" LIBERAL COMMERCIAL TO "SD-6" CENTRAL COMMERCIAL -RESIDENTIAL DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY ONE HERALD PLAZA (PARCEL 3), MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately One Herald Plaza (Parcel 3) [Commissioner Linda M. Haskins - District 2] APPLICANT(S): Javier F. Avino, Esquire, on behalf of Citisquare Group, LLC, Contract Purchaser, and Knight-Ridder, Inc., Owner and the McClatchy Company (Publicly Owned) as Successor in Interest FINDINGS: PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS: Platting is required. ZONING BOARD: Recommended denial to City Commission on May 8, 2006 by a vote of 4-2 by virtue of the fact that Section 62-93 of the City Code requires five (5) favorable votes for the approval of any item before the Zoning Board. See companion File IDs 06-003831u and 06-00383mu. City ofMiami Page 176 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 PURPOSE: This will change the above property to SD-6 Central Commercial -Residential District for the proposed Herald Square (Parcel 3) Major Use Special Permit. Motion by Commissioner Haskins, seconded by Commissioner Sanchez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones A motion was made by Commissioner Haskins, seconded by Vice Chairman Sanchez, and was passed unanimously, to continue Item PZ.36 to the Commission meeting currently scheduled for July 27, 2006. NA.1 06-01127 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING LINDA HASKINS, SUBJECT TO MEETING THE QUALIFICATIONS OF THE OFFICE, AS A MEMBER OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, DISTRICT 2, TO FILL THE VACANCY CREATED BY THE SUSPENSION OF JOHNNY LEE WINTON TO SERVE UNTIL SUCH TIME AS THE RESULTS HAVE BEEN DECLARED AND CERTIFIED FOR AN ELECTION TO BE HELD ON NOVEMBER 7, 2006, OR UNTIL COMMISSIONER WINTON'S SUSPENSION MAY BE REVOKED PURSUANT TO SECTION 112.51(6), FLORIDA STATUTES (2005), WHICHEVER MAY OCCUR FIRST. Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0377 Chairman Gonzalez: Before going into the consent agenda, we all know what had just transpired with our dear colleague, Commissioner Johnny Winton, and I want to say that my family and I have been praying for his family and for him, and we ask the Lord to protect him and to make sure that he comes out OK of this situation, of which we're sure of and we ask God to bless him and bless his family, and protect him and guide him throughout this process. It's a very hard process. It's the second time that we have to go through this situation, but the City have to move on. The City businesses have to also move on, and it's our duty, under the City Charter, to appoint a person that will be a care holder of this position of this seat until Commissioner Winton situation gets clear, so for that purpose, I want to open the meeting to the Commission, and Mr. City Attorney, will you please guide us through this process? Jorge L. Fernandez (City Attorney): Yes. Mr. Chairman, Commissioners, the process is very straightforward and simple. Basically, you open the floor to nominations by Commissioners, then you entertain a motion to close nominations, then you proceed to voting, and you -- my suggestion is that you vote on those nominees or nominee, as presented to you, in the order in which they were nominated. You may instruct the City Clerk to take a voice vote or a written vote or whichever way you feel comfortable, according to the complexity that presents itself if any. Then, upon the person -- the first nominee that receives three votes, that is the person that then is considered to have been appointed to the position. If the person has already qualified for the position with the City Clerk, then you may pro -- and the City Clerk certifies that to you on the record, then you may proceed to a swearing in. If the person that's successful appoint -- or the -- the person who becomes appointed has not yet fully qualified with the Clerk, then you should take a break -- a recess; allow that process to take place; have the City Clerk come back City ofMiami Page 177 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 to you and certify to you that that person is, in fact, eligible to hold office, and then proceed to the swearing in. Chairman Gonzalez: So I can understand exactly what you're saying, after the person has been selected, then we should call a recess so --? Mr. Fernandez: If that person -- if the person that happen to have been selected has not yet qualified. It could be that that person has qualified -- Chairman Gonzalez: All right. Mr. Fernandez: -- and then you may proceed immediately to the swearing in. Chairman Gonzalez: Very good. OK, before going to nominations, what I would like to see is a voice vote, and then followed by a roll call, all right? OK, I'm going to open it to the Commission. Is -- are there any nominations from any of the Commissioners? Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Regalado: I would nominate to fill vacancy of seat District number 2 Linda Haskins. Chairman Gonzalez: All right. The name of Ms. Linda Haskins has been proffered. Is there a second to that nomination? Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye. Vice Chairman Sanchez: Discussion, discussion, discussion -- Chairman Gonzalez: I'm sorry. Discussion. Vice Chairman Sanchez: -- on the item. Chairman Gonzalez: Discussion. Yes, sir. Vice Chairman Sanchez: Mr. Chairman, I truly agree with you on the issue of Commissioner Winton, and it's sad, and I know that his suspension will probably be a short-lived suspension, and he will be back here at this Commission. I truly believe that we are creating a city that is, again, vibrant, robust, and alive, and thanks to the Heat, we'll be celebrating with a national title, but we are making progress in this city, and of course, there are many mountains that we have climbed and there are yet some that we have -- we will be faced with in the future. Whoever we appoint to this vacant Commission seat will have to deal with a appointment not only of in the near future, the City Manager, also key positions in the Administrations [sic] that are face right now, so this is really a tough decision for this Commission to make because we are faced with a lot of important issues that are ahead of us. Let me just say, whoever that person may be, it must be a person who quite under -- must understand the City and have a knowledge of coming out the fence running. Why? Because there are a lot of important issues in our city today. Of course, we have the upcoming budget that we faced every year, and it's one of the most important things that any legislator can do here is to set out a fiscal City ofMiami Page 178 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 responsibility -- responsible city. We also have Miami 21 and zoning in progress, so those individuals are individuals that must know or have a hands-on community involvement in those process. We also have the fire fee settlement that we'll soon -- hopefully, we'll enter in a settlement, and we could start the distribution process to all the residents that will be getting reimbursed, but whatever that process may be that we would have to decide how that money's going to be equitably distributed to the taxpayers, but also we have pensions, which continues to be a problem, not only for our city, but all cities throughout the United States, and we're faced now with contract negotiations, which is something that we must take very, very seriously for the future of this City, so those are all important issues, and whoever we select must have hands-on, and I certainly know that Linda has been with the City for many years and have enough knowledge to step in and address these issues, so having said that, I just wanted to state that on the record. I would have preferred to have other discussion and possibly introduce some other names that are out there. We have a lot of great citizens in our community that would love to, you know, come in and be an intern for the City and provide that leadership till Commissioner Winton comes back, but being that this was a very short nomination progress -- process, I would have preferred to have more names tossed out because there are a lot of good people in this City, and some that are even here today sitting that would have had also an opportunity and would have deserved an opportunity to recognize them for their community involvement and what they could provide to this City, but having said that, I am comfortable with the nomination, and would ask for a vote if there's no further discussion. Thank you, Mr. Chairman. Chairman Gonzalez: All right. Commissioner Spence -Jones, any comments? Commissioner Spence -Jones: Again, for me, you know, knowing Linda and knowing how committed she is to the citizens of this City and having the opportunity to work with her for many years, you know, in City government, and just knowing how committed she is to making sure that people from all walks of life -- no matter what color they are, what matter -- no matter what race they are, she's a fair, fair person, and I think that nominating her for this position is the right decision, not to mention it'd be nice to have another woman on the dais, too, but -- Chairman Gonzalez: That's right. Commissioner Spence -Jones: -- she's a great, great person, so I'm very excited to have her on board. Chairman Gonzalez: All right. All I have to add is that I agree with both of you -- with all of you. Those of us that have been associated with Linda knows of her dedication and her commitment, and Linda is the type of person that comes to City Hall early in the morning and to the MRC (Miami Riverside Center), and sometimes she's 8:30, 9 p.m., 9:30 at night and Linda is still working and still moving this City forward, and no one can doubt her knowledge of City businesses and City problems, and I think Commissioner Regalado, it was the right choice, so, yes, sir, you're recognized. Commissioner Regalado: Mr. Chairman, thank you very much, and I agree with all of you, that knowledge -- because like we all know, the person that sits in this seat today needs to touch the ground running, but to me, something is more important. Here is this lady who has a very high position in the government, and she is willing to work now in a different court. For me, the most important quality that I see in Linda is not only the knowledge, but the passion. She has passion -- Chairman Gonzalez: Passion, um -hum. Commissioner Regalado: -- for the City, and to be sitting here, you have to have passion for City ofMiami Page 179 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 the City, because you get attacked, you get criticized, you get questioned; you are in the spotlight. People in the ranks of bureaucracy are not the focus of attention, or the media or the people. This is the trench. This is the front line, so her passion, it's important to defend the people of District 2, the quality of life of all the City, and I am very happy to have made the nomination. Thank you. Chairman Gonzalez: Thank you. Mr. Fernandez: Mr. Chairman. Chairman Gonzalez: Yes, sir. Mr. Fernandez: Nominations don't necessarily need a second, so you need to ascertain whether there are any other nominations. If not, you may either declare the nominations closed or call for a vote, and then proceed to the actual voting. Chairman Gonzalez: All right. Are there any other nominations? OK. Hearing none, all in favor of Linda Haskins, say "yes." The Commission (Collectively): Yes. Chairman Gonzalez: Those opposed have the same right. Commissioner Regalado: Roll call. Chairman Gonzalez: Madam City Clerk, will you do 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 -- Chairman Gonzalez: Thank you. Ms. Thompson: -- appointment has been approved, 4/0. Applause. Mr. Fernandez: Mr. Chairman, you may proceed to ask -- inquire of the City Clerk as to the status of the -- Chairman Gonzalez: Madam City Clerk -- Mr. Fernandez: -- Ms. Haskins. Chairman Gonzalez: -- does Linda Haskins to qualify to occupy the position of Commissioner of District 5? Ms. Thompson: Yes, sir. Commissioner Regalado: Two. Chairman Gonzalez: I'm sorry, District 2. City ofMiami Page 180 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Vice Chairman Sanchez: 2. Ms. Thompson: Yes, sir, Ms. Linda Haskins did come in and qualify this morning, and I have the necessary paperwork. Chairman Gonzalez: OK, so the next step to be the swear -in, right? Mr. Fernandez: The swearing in, correct. Ms. Thompson: Actually, I think there's one more step before that. Mr. Fernandez: Which is? Ms. Thompson: A resignation. Mr. Fernandez: Well, yes. That she was holding in one hand anyway. Vice Chairman Sanchez: All right. Mr. Fernandez: Then she must hand that letter -- Joe Arriola (City Manager): Madam Clerk, what happens ifI don't accept the resignation? Ms. Thompson: Sir, that's between you and the new Commissioner. Chairman Gonzalez: OK. I'm sure that Linda has her resignation letter. What would like to do now, before doing the swearing in, I would like to take a five-minute recess so Linda can adjust to what just had happened, and then come back for the swearing in, so let's take a ten-minute recess and come back for the swearing in ceremony. Thank you. NA.2 06-01133 CEREMONIAL ITEM LINDA HASKINS SWORN IN AS DISTRICT 2 COMMISSIONER. PRESENTED Chairman Gonzalez: (INAUDIBLE) we're going to resume the City Commission, and we're going to proceed with the swearing in ceremony of the new appointed Commissioner, Linda Haskins. Thank you. Note for the Record: The City Clerk administered the Oath of Office to Commissioner Linda Haskins. Commissioner Haskins: I -- Joe, I'm not going to do what did at the employee awards breakfast, OK. I'm not going to talk forever. This is short and sweet. I'm really humbled by this opportunity. Commissioner Winton is someone that I've been admiring for a long time, and he has served this City incredibly well, so this situation isn't the situation that anybody would want to have. However, I am very honored to be able to serve in his place, and I want to do him proud. I do want to thank all the Commissioners for all your support throughout the years, and of course, our Mayor, Manny Diaz, who has been a wonderful mentor for me, as well, over the last four years, but more than anything, I need to thank my mom, my little mom, who I love dearly; takes care of me and still does, and of course, my husband, who has stayed with me and puts up with all the passion which goes into craziness every once in a while, but anyway, thank you so much, and I look forward to this. City ofMiami Page 181 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Applause. NA.3 06-01134 DISCUSSION ITEM EXPLANATION OF THE PROCESS FOR FILLING A COMMISSION VACANCY AND THE PROCESS INVOLVED IF COMMISSIONER WINTON'S SUSPENSION IS NOT REVOKED BY THE GOVERNOR. DISCUSSED Chairman Gonzalez: Mr. City Attorney, I have been approached by a couple of persons that have certain concerns about what the process might be in the case that Commissioner Winton doesn't return to his seat, so will you please explain the process? Jorge L. Fernandez (City Attorney): Yes. The process is as follows: Ms. Haskins serves on this seat until either Commissioner Winton gets reinstated or the suspension gets revoked by the Governor, and then he automatically vests back in his seat, or until such time as there is an election that's -- will take place in November of this year. The person who gets elected to that position occupies the seat until the following November, which is when Commissioner Winton's seat would have lapsed, and/or again, if in that interval, Commissioner Winton obtains a verdict that would be favorable and would provoke the Governor to rescind his suspension, then even then, after there is an election and the seat remains occupied by someone else, Commissioner Winton is entitled to return to finish his term. Chairman Gonzalez: Thank you, sir. NA.4 06-01135 CEREMONIAL ITEM MEMORANDUM RECEIVED FROM MAYOR MANUEL A. DIAZ APPOINTING COMMISSIONER JOE SANCHEZ AS VICE CHAIRMAN OF THE CITY OF MIAMI COMMISSION. PRESENTED Chairman Gonzalez: All right. I just received a memo from the Mayor, and it reads as follows: '7 hereby appoint the Honorable Joe Sanchez Vice Chairperson of the City ofMiami Commission. This appointment shall take place effective immediately at the June 22, 2006 Miami City Commission meeting, " so congratulations -- Vice Chairman Sanchez: I don't know to take that -- Chairman Gonzalez: -- Commissioner Sanchez. Vice Chairman Sanchez: -- with condolence or congratulations. NA.5 06-01128 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING VICE CHAIRMAN JOE SANCHEZ AS CHAIRPERSON OF THE DOWNTOWN DEVELOPMENT AUTHORITY, TO FILL AN UNEXPIRED TERM AS DESIGNATED HEREIN. City ofMiami Page 182 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Motion by Chairman Gonzalez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0378 A motion was made by Chairman Gonzalez, seconded by Commissioner Spence -Jones, and was passed unanimously, to appoint Vice Chairman Joe Sanchez as Chairperson of the Downtown Development Authority. Chairman Gonzalez: All right. We also have to take care of some appointments to the boards that Johnny used to serve on, and we're going to begin with the DDA (Downtown Development Authority). We need a motion to proffer a name for the DDA. I'm going to pass the gavel to the Vice Chair now, and I will propose the name of Commissioner Joe Sanchez -- Vice Chair Joe Sanchez, I'm sorry. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: All right, DDA chair. There is -- Chairman Gonzalez: We have -- Vice Chairman Sanchez: -- a motion by Chairman Gonzalez, second by Commissioner Spence -Jones. The item is under discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Hearing none, it passes unanimously. All right. NA.6 06-01129 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER SPENCE-JONES AS CHAIR, AND CHAIRMAN GONZALEZ AS VICE CHAIR, OF THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI COMMUNITY REDEVELOPMENT AGENCIES, TO FILL AN UNEXPIRED TERM AS DESIGNATED HEREIN. Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0379 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Commissioner Spence -Jones as Chairperson and Chairman Gonzalez as Vice Chairperson of the Southeast Overtown/Park West and Omni Community Redevelopment Agencies. Chairman Gonzalez: CRA (Community Redevelopment Agency). Vice Chairman Sanchez: Pass the gavel back to the Chair. City ofMiami Page 183 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Regalado: CRA appointment. Chairman Gonzalez: Yeah, that's what we're going to do now. Commissioner Regalado: OK. Vice Chairman Sanchez: CR -- Chairman Gonzalez: All right, CRA. Vice Chairman Sanchez: -- CRA, I would like to nominate Commissioner Michelle Spence -Jones as Chair, and Vice Chair, Chairman Gonzalez. So move. Commissioner Regalado: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Vice Chairman Sanchez: MPO (Metropolitan Planning Organization). Chairman Gonzalez: Motion carries. NA.7 06-01130 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER LINDA HASKINS AS A MEMBER OF THE METROPOLITAN PLANNING ORGANIZATION (MPO), TO FILL AN UNEXPIRED TERM AS DESIGNATED HEREIN. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0389 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, to appoint Commissioner Linda Haskins as a member of the Metropolitan Planning Organization (MPO). Chairman Gonzalez: Now we got to do MPO (Metropolitan Planning Organization). Vice Chairman Sanchez: Mr. Chairman, I would like to nominate the newly appointed Commissioner, Linda Haskins, to the MPO board in the County. So move. City ofMiami Page 184 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 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: All right. Those opposed have the same right. Motion carries, and that's it. NA.8 06-01131 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER LINDA HASKINS AS CHAIRPERSON OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE (BIC), TO FILL AN UNEXPIRED TERM AS DESIGNATED HEREIN. Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0390 A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, to appoint Commissioner Linda Haskins as Chairperson of the Coconut Grove Business Improvement Committee (BIC). Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Regalado: Before we forget, I'm reminded that we missed one appointment, the Coconut Grove Special Business Association [sic] that Commissioner Winton used to chair, and this, as you know, it's all the merchants and all the stakeholders in Coconut Grove, and they have an upcoming meeting, and they do need a chair, so if you allow, I will move the name of Linda Haskins -- Vice Chairman Sanchez: Second. Commissioner Regalado: -- to become the chairperson of that committee. 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. NA.9 06-01136 DISCUSSION ITEM CITY ATTORNEY TO PREPARE REPORT ON FIRMS AWARDED NO -BID CONTRACTS BY THE CITY OF MIAMI. City ofMiami Page 185 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 DISCUSSED Direction by Vice Chairman Sanchez to the City Attorney, for the Commission meeting currently scheduled for July 13, 2006, to prepare a report of firms awarded no -bid contracts by the City. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Haskins, and was passed unanimously, for the City Attorney to prepare legislation for approval, at the Commission meeting currently scheduled for July 13, 2006, which would ban former City employees being employed by firms awarded no -bid contracts that exceed $500, 000, for at least two years following the completion of work on no -bid contracts. Chairman Gonzalez: D3.2. Vice Chairman Sanchez: Thank you, Mr. Chairman. Mr. Chairman, Administration, all those that work in the City, I have, at times, questioned the no -bid contracts, and I have supported them because I felt that due to the time restrictions of the bond issuance and what the City is out to accomplish, it's really monumental what we're trying to accomplish with the $255 million bond issuance, and people really need to understand that we have certain amount of time, and if we don't accomplish what the voters wanted, it really will put us in a bind where we're going to be fined, and the City's not going to look very well both on the investors' side and on the media, but I want to take this opportunity to address an issue that has concerned me, and I would ask the Legal Department to prepare for the next meeting -- that focuses on companies that are awarded unbid [sic] contracts. Now, the City has right now a policy in place that people that work for the City cannot come back and lobby the City for two years, and that is a safeguard for good government, because at times when there's opportunities for abuse, there's going to be abuse, so I think it's a step forward for us, for this legislative body to work on a legislation that would ban City employees from going to work for those companies until at least two years after a no -bid project is completed. Now, the amount could be debated here between us. I would like to -- for an example, if a CIP (Capital Improvements Program) Department awards a $2 million no -bid contract to a firm -- and we're not going to use any firm -- for a paving road or for any big project, that -- the employee from that department cannot go to work for that firm until a two-year after the project has been completed or the project is finished, a two-year gap to protect certain individuals from maybe offering no -bid solicitation or favoritism to those companies, so at this time, I believe that we should apply a contract or a limit on a contract of $500, 000 or more, but I am open-minded, and if my colleagues feel more comfortable on a higher or a lower threshold, I would be open to suggestions, so at this time, I'd like to open it up for discussion. Chairman Gonzalez: Discussion. Commissioner Regalado: Oh, I think perception is sometimes greater than reality, and Commissioner Sanchez is right. You know, when someone has the authority to award a huge contract and then decides to go to the private sector, it's -- it may be a coincidence, but it certainly raises some issues, and there is, you know, a trend to try to protect governments from this kind of scrutiny and perception, and maybe disdain by members of the community. I agree. I don't see a problem in that. You know, you don't have to go to the same company. If you're good for the private sector, you're good for anyone. If you prove that you can do wonders in the government, people will fight for you throughout the private sector, so it's nothing wrong. It's just a mechanism of how we police that. I guess, you know -- I don't know how to be certain how can we make sure that people won't do that, but other than that, I think it's a good piece of legislation, and I think also that the threshold makes sense, half a million dollars, because you know, if you award $10, 000 or something, that might not be the case, but a big contract is a big contract, and people make a lot of money, so I just think that the City Attorney's Office should work on the wording, but especially on how you make sure that this not happen and just -- it's City ofMiami Page 186 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 just not in theory, so I hope that you would ask the City Attorney to include the way to make sure that this don't -- doesn't happen. Vice Chairman Sanchez: Well, of course, it's all how you craft a legislation, and once again, it's to focus on good government. It's to focus on transparency. It's to focus on perception. In this legislation, the interest of -- in the interest of good government, this two-year employment ban removes any potential conflict of interest when a City employee is choosing one firm over another for a no -bid contract, so it just provides one layer of -- or a filter in a process where there is no room for improprieties, accusations, and at the end of the day, tarnish government while government is doing all it can to provide the best possible project, and it's happening because the City has never had the opportunity that it has today where we are dealing with millions and millions of dollars, along with hundreds and hundreds of big projects in our City. It's all about good government, and that's what I think we all stand for -- Chairman Gonzalez: Any -- Vice Chairman Sanchez: -- so -- Chairman Gonzalez: -- further discussion? Vice Chairman Sanchez: -- if there's no discussion on the item, Mr. City Attorney, I would like to work -- Chairman Gonzalez: Mr. City Attorney. Vice Chairman Sanchez: -- with you to draft legislation pertaining to what has been discussed here today, to be brought back on the Commission, possibly at the next meeting, for further discussion and approval of this legislative body. So move. Commissioner Haskins: 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: Mr. City Attorney, you have given a good task. Jorge L. Fernandez (City Attorney): We will work. Vice Chairman Sanchez: We shall work. Chairman Gonzalez: I -- you know, I agree in concept. My only concern is, is this constitutional? I mean, can you tell a private -- a person that left the City that they cannot work for a certain company? Can you tell a company that you cannot hire -- they cannot hire a person that was working for the City? I think we're going into some kind of civil -- Mr. Fernandez: Again, we want to research this issue. We want to look at all other jurisdictions out there that might have enacted a similar legislation so that we don't have to reinvent the wheel. Certainly, that's where we will start, but we will give a thorough analysis and make sure that it's -- it does not breach any constitutional rights of either the individual or of the private sector, but certainly protects the City in what Commissioner Sanchez so eloquently described, you know, the transparency of City government. City ofMiami Page 187 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 NA.10 06-01137 Chairman Gonzalez: Very well. Commissioner Regalado: Mr. Chairman -- Chairman Gonzalez: All right, D4 -- yes, sir. Commissioner Regalado: -- but just to mention, remember, federal government has a very strict standard -- Mr. Fernandez: Um -hum. Commissioner Regalado: -- in terms of that, the same situation. We are not reinventing the wheel here. Mr. Fernandez: Correct. Commissioner Regalado: The federal government -- you know, any federal agency employees cannot go to work for people that they have awarded directly contract. Mr. Fernandez: Um -hum. Commissioner Regalado: In fact, when you work for a security, a national security agency -- Mr. Fernandez: Um -hum. Commissioner Regalado: -- you have to sign a contract that for 25 years, you will not reveal whatever you work was. It takes 25 years for the record to be open, so there are precedents in this matter, and you can look at the federal government -- Mr. Fernandez: Yeah -- Commissioner Regalado: -- level. Mr. Fernandez: -- and that's the first thing we will do. We will make sure that we look at all other jurisdictions with similar legislation so that we don't reinvent the wheel and we can proceed with due haste. Chairman Gonzalez: Very well. DISCUSSION ITEM UPDATE FROM CITY ATTORNEY JORGE L. FERNANDEZ REGARDING THE WATSON ISLAND/MIAMI CHILDREN'S MUSEUM PROJECT. DISCUSSED Discussion regarding City Attorney Jorge L. Fernandez' report in reference to the Watson Island/Miami Children's Museum project; further requesting that said item be continued to the Commission meeting currently scheduled for July 13, 2006. Jorge L. Fernandez (City Attorney): Mr. Chairman, before you get to that item, ifI -- if you may indulge me. Chairman Gonzalez: Yes, sir. City ofMiami Page 188 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Mr. Fernandez: I just, very briefly, talked to Commissioner Haskins, and there are members in the audience that, out of courtesy to them, you need to make an announcement that the issue related to Watson Island and the charter school inside the Miami Children's Museum, which was one of the projects -- one of the issues that Commissioner Winton had instructed my office and the Administration to bring to this Commission and report to him. The issue -- we've met. We had a summit meeting where everyone in the City that had to be involved was involved. We met with the Museum and with the charter school parties, and we identified all the issues that need to be addressed, but to the extent that I didn't have an opportunity to either brief Commissioner Winton because of what had been happening, and certainly have not had an opportunity to discuss the issue with Commissioner Haskins, as this is within her district, I would highly recommend to you that while there is high definition to all of the issues that need to be addressed and tackled, that you continue this, certainly, to the first meeting in July so that Commissioner Haskins has an opportunity to take ownership of this project, and then bring it and argue for it, as I'm sure Commissioner Winton would have argued for it had he been here, so -- Chairman Gonzalez: What -- Mr. Fernandez: -- in any event, my suggestion, so that the members who are here understand, is that the City Commission fully tackle all of these issues at the first meeting in July with high resolution, high definition of everything that needs to be addressed. Chairman Gonzalez: -- item is that? Mr. Fernandez: It's not an item. It's an issue that was instructed for me to bring to the Commission -- Chairman Gonzalez: Oh, OK. Mr. Fernandez: -- as part of City Attorney's report -- Chairman Gonzalez: All right. Mr. Fernandez: -- and so I'm just, you know, promoting my report a few hours ahead of time, out of deference to the members who are here. Chairman Gonzalez: All right. Very good. NA.11 06-01138 DISCUSSION ITEM DISCUSSION REGARDING GEORGIA JONES AYERS' REQUEST TO THE CITY COMMISSION REGARDING SUPPORT IN CURTAILING FREQUENCY OF MURDERS COMMITTED IN MIAMI-DADE COUNTY, FLORIDA. DISCUSSED Commissioner Spence -Jones recognized Georgia Jones Ayers, who seeks support of the City Commission in curtailing the frequency of murders committed in Miami -Dade County, Florida. Chairman Gonzalez: Pocket items. Commissioner Regalado, do you have any pocket items? Commissioner Regalado: No, Mr. Chairman. Vice Chairman Sanchez: Georgia -- Chairman Gonzalez: Commissioner -- City ofMiami Page 189 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Vice Chairman Sanchez: -- in a minute, you'll be -- Chairman Gonzalez: -- Haskins, I'm sure that you don't have one. It's too early for you to have one. Commissioner Haskins: Thank goodness. Georgia Jones Ayers: Commissioner, please -- Chairman Gonzalez: Commissioner Spence -Jones. Commissioner Spence -Jones: Yes. I think that both myself and Commissioner Sanchez would like to recognize Ms. Georgia Ayers. As you see, she's giving you a package today. I don't know if you've gotten the CD (compact disc), but -- Chairman Gonzalez: Yes, ma'am. Commissioner Spence -Jones: -- she wanted to at least be able to address the Commission, so -- Chairman Gonzalez: Sure. Commissioner Spence -Jones: -- I want to provide that with -- that -- Chairman Gonzalez: Sure. Commissioner Spence -Jones: -- with her that opportunity. Chairman Gonzalez: Of course. Ms. Ayers: I'm going -- I promise I will be very -- Vice Chairman Sanchez: And the heat is definitely on. Ms. Ayers: -- nice today. Chairman Gonzalez: Of course. Ms. Ayers: Yes. Chairman Gonzalez: You promise you're not going to beat on me? Ms. Ayers: I promise on my word of honor, but my left hand is up. OK. I have with me one of my young men that I've been tutoring for the past 15 years. I want to give you something on the lighter side. He's going to do three voices for you, and before he comes up, I want you to know you'll be seeing me quite a bit. I know you all have been hearing about all the murders we've been having in Dade County. I went to the morgue. I think I gave it to your office. You have a package that thick of all of the murders from the year 2000 until the murder of the young boy from Carol City Senior High School. This community is under siege by murderers. We've got to do something about it, and I'm letting you know that will be working with Mr. Flakes, who is an impressionist. He will be dealing with me, and by the way, I've already talked to police chief -- assistant police chief at the Miami Beach Police Department, Mr. Fernandez, to -- Martinez -- after baseball season is over -- I mean, Ray Martinez, rather -- after baseball season is -- football season's over, whatever it is, whatever (UNINTELLIGIBLE) -- the City ofMiami Page 190 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 basketball season is over, I'm asking him, and I already have the young man who was placed into my program from the football areas to deal with me with his community service hours. You will give me all of your support, and I know you are, in dealing with the murders here in Dade County. We have more murderers in Dade County than we have anywhere -- I don't care what they tell you -- in the United States. From the year 2000 until now, it's in your office. You will be shocked at the list that's this thick. I cannot, as a community person who gives the social service and criminal justice -- justice is my specialty. I cannot sit back without harassing you, prodding you, and begging you to work with me on these issues of the murders that we're having here in Dade County. Now Mr. Flakes will come before you and tell you about the record I pushed him to put together if our team wins. We won, and the record you have before you will let you know that the Heat is number one, but prior to that, he will come up and do three voices. Be prepared. Vice Chairman Sanchez: Three voice, be prepared. William Flakes: First of all, why don't the Commissioners give themselves a round of applause for the many headaches and businesses and things that you all deal with on a regular meeting or agenda. Why don't you give yourselves a round of applause -- Chairman Gonzalez: Thank you. Mr. Flakes: -- please? Applause. Mr. Flakes: Quickly, to pull this into perspective concerning the CD, Georgia is a -- not only an advocate of the communities, but a lot of us have adopted her as our mom, in one way or another, and when she spoke to me about the Miami Heat -- and last year, we thought we were going to win, but this year, she told me, if we win, I want you to do something special, so we put together the song, and when you guys hear it, I know you'll be proud, but one of the things that we wanted to do was to -- because it's such a good song, to see whether or not we can have it be played on the celebration of the Heat tomorrow, and not only that, but we want to celebrate a 30-day win the NBA (National Basketball Association) championship for South Florida, doing - - and celebrating it across South Florida at different places, having -- and what's so special about it is I wrote the song, but you had another gentleman that did the music and another gentleman who had to do the -- an update because the Heat did trade some players, but all of the voices that you will hear on the CD, except my voice at the end, were done by teenagers from across South Florida. They did a fantastic job. I wish we could play a couple of bars of that right quick, but they did a fantastic job. They were all teens. The only thing that the adult, like myself had to do with it is I wrote it; another guy did the music, another guy did the update of it. I think that it is a fantastic project. What we have decided to do, based on the way it's set up, is that out of this project, 25 percent out of every dollar will go to set up a scholarship fund to benefit youth across South Florida. We set it up that way because at the particular time when it was cre -- first created, you had (UNINTELLIGIBLE), who's from Miami, you had (UNINTELLIGIBLE) from Fort Lauderdale, and Jones that is from Pompano. We wanted to do something to support the educational system of South Florida, so that is why it was put together like that. We would like to move -- and have you guys to support that effort; hear it and deal with it, and hopefully, you guys will support the effort that we've put together about a 30-day celebrate the NBA across South Florida at different sites and places. Chairman Gonzalez: All right. Mr. Flakes: In closing -- City ofMiami Page 191 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 Vice Chairman Sanchez: We wish you the best. Mr. Flakes: Yes, sir. Thank you. In closing, Georgia spoke about our young people and the kinds of things that have happened. Several years ago, she asked me to do a piece based on a young man who was the perfect teen. He was perfect in that he was A "/ B" honor roll. He was in the band. He was also on the junior varsity football team, and he lived with his grandmother, and he was just a fantastic kid. He had asked her whether or not he could go to a football game; she granted him that right. He went there, and after the game, went out to make a phone call, and was shot and killed. She asked me to do a special piece, and as an international poet and infotainer, I'd like to do a couple of verses from that particular piece. It says come a little closer. Look at that blood on the ground. The children, that's our future, it's a shame without a change that they won't be around. Another one shot through the head. He was only 14; killed by another youth because he dressed too clean. Checked his pockets, what was found? Just enough to catch the bus to the other side of town, and yes, come a little closer. Look at that blood on the ground. The children, that's our future, it's a shame, without a change, that they won't be around. That old lady said that she would see him each day. As he walked past the park to school, he would always wave and say, "Have a nice day." Why do they kill each other in the name of more -- more money, more things to wear? Can't they understand that more's killing everyone and leaving us all in despair? And yes, come a little closer. Look at that blood on the ground. The children, that's our future, it's a shame, without a change, that they won't be around, and unless we do something, they won't be around. It's our youth. It's our community. It's our neighborhood, and if we don't do nothing, then we can't expect any different. Applause. Chairman Gonzalez: Thank you. Ms. Ayers: Go back and do the three voices. Mr. Flakes: OK. Yeah. As a 21-voice impressionist, I do a thing called the round table. We're going to do -- I'm going to do a quick thing with a black, white, Hispanic, and southerner about why it's important for us to not only celebrate the NBA champions that live in South Florida, but also why we should fight crime and make sure that we come together quickly. We're going to have a southern guy who is not from the area. He's going to start it off because he's curious about why are we making all this noise about the NBA champs and the fact that we have murderings [sic] and killings in America everyday, why are we at a point of such an upset, and he'll start it off. Here we go. You know, I'm going to tell you the truth. You know, all this -- looking at the news the other day, and you know, people talking about, you know, South Florida this and South Florida that. You know, my thing is, you know, I like them people from that state that start with a "T, " and as you can probably hear my accent, you can understand why, but then, on the other hand, you know, my -- Well, wait a minute. Let me try to tell you something now. You're sitting there and say something like that, right? The bottom line -- Well, wait a minute. See, this -- I didn't ask you to make a comment. I'm telling you what -- Well, wait a minute. Let me try to say this to you, all right. Well, hey, man, see, I think that the bottom line is you don't understand our town, our city, and the kinds of problems we see, especially when it comes to crime, killing, and murder in this town. Well, wait a minute. Let me try to tell him this way, man. The bottom line is if you was living here, right, you could better understand what we're talking about and why we're upset. Well, I probably could, but see, the bottom line -- you need to also understand this here. You have murder in every town, every city across America, and the thing -- the bottom line is is that since that happened, I can't understand why you guys are making such an upset like you do? Well, guys, let me say this, and I -- because I think that, to me, it's very important here that they understand that if we don't do something and make sure that we, number one, look out for our kids, fight crime, and then, City ofMiami Page 192 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 secondly, support with the greatest team in the United States, in America, in the world right now, which are the Miami Heat, I think that we are cra -- Well, wait a minute. I ain't going to call you all crazy, but I'm going to say this here, I think ifI was from this town, I had the greatest team in the world living with me, and I -- think about it now. If you don't stand up and fight for your young people, that means that they will grow up and they may not even make it out of high school. Well, wait a minute. That what I was trying to tell you and (UNINTELLIGIBLE) is that not only are we going to stand up for the Miami Heat, but man, we're going to fight against crime. Applause. Vice Chairman Sanchez: Bravo. Chairman Gonzalez: All right. Vice Chairman Sanchez: See, that's the way we should always end the Commission meeting. That's the secret here. We should always end the Commission meeting like this. Chairman Gonzalez: Mr. Vice Chair. Anyone else has any other pocket items? Vice Chairman Sanchez: All right. Chairman Gonzalez: No? NA.12 06-01139 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, IN AN AMOUNT NOT TO EXCEED, $3,000,000, FOR THE 2007 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE ("SAFER") GRANT PROJECT; AUTHORIZING THE ALLOCATION OF REQUIRED MATCHING FUNDS, FOR THE HIRING OF 30 NEW FIREFIGHTERS TO COVER THE COST OF SALARIES AND ASSOCIATED BENEFITS OVER A FIVE (5) YEAR PERIOD, FROM THE DEPARTMENT OF FIRE -RESCUE, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, FOR SUBMISSION OF THE SAFER GRANT APPLICATION, SUBJECT TO THE TERMS AND CONDITIONS OF SAID GRANT APPLICATION. Motion by Chairman Gonzalez, seconded by Commissioner Haskins, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0407 Vice Chairman Sanchez: All right. Pocket items are in order. Chairman Gonzalez: OK. Vice Chairman Sanchez: Mr. Chairman, you're recognized for a pocket item. Chairman Gonzalez: All right. I have one. To authorize the City Manager to submit an application for grant funding to the US (United States) Department of Homeland Security, City ofMiami Page 193 Printed on 12/14/2006 City Commission Meeting Minutes June 22, 2006 DHS, in an amount not to exceed $3 million for the 2006 Staffing for Adequate Fire and Emergency Response, SAFER grant project. The funding will contribute to the hiring of 26 new firefighters to cover the cost of salaries and associated benefits over a five-year period. That's my motion. Vice Chairman Sanchez: All right. There's a motion by the Chair. Is there a -- Commissioner Haskins: Second. Vice Chairman Sanchez: -- second? Second by Commissioner Haskins. All right. Discussion. Discussion on the item. I just have one question. This is just the application process? Chief. Deputy ChiefMaurice Kemp (Fire -Rescue): Maurice Kemp, deputy chief. Yes, it is, the application. You're approving the right for us to apply. Vice Chairman Sanchez: All right. There's a motion and a second. The item is under discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Any in opposition, having the same right, say "nay." Motion carries. Any other pocket items? Chairman Gonzalez: No. Motion to adjourn. Deputy Chief Kemp: Thank you. Vice Chairman Sanchez: All right. That motion is always accepted. It's a motion to adjourn. All in favor, say "aye." Chairman Gonzalez: And congratulations -- Vice Chairman Sanchez: Anyone in opposition -- Chairman Gonzalez: -- to the new -- Vice Chairman Sanchez: -- we don't want to hear it. Chairman Gonzalez: -- Commissioner, once again. Vice Chairman Sanchez: All right. Thank you so much, and Commissioner Haskins, congratulations. Commissioner Haskins: Thanks. City ofMiami Page 194 Printed on 12/14/2006