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Home My WebLink AboutCC 2006-07-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, July 27, 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 Pedro G. Hernandez, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes July 27, 2006 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES 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 8/29/2006 City Commission Meeting Minutes July 27, 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 27th day ofJuly 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 9:28 a.m., recessed at 12: 51 p.m., reconvened at 3: 00 p.m., recessed at 7: 29 p.m., reconvened at 7: 48 p.m., recessed at 8:28 p.m., reconvened at 8:34 p.m., and adjourned at 9:52 p.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk Chairman Gonzalez: Good morning, ladies and gentlemen. Welcome to the July 27, 2006 meeting of the City ofMiami City Commission in this historic chambers. The members of the City Commission are Joe Sanchez, Vice Chair, Tomas Regalado, Michelle Spence -Jones, Linda Haskins, and myself Angel Gonzalez, the Chairman. Also on the dais are Pedro G. Hernandez, the City Manager, Jorge L. Fernandez, the City Attorney, and Priscilla A. Thompson, the City Clerk. The meeting will be opened with a prayer by Commissioner Sanchez. Commissioner Spence -Jones: Mr. Chairman. Chairman Gonzalez: Yes, ma'am. Commissioner Spence -Jones: If you don't mind, I'd like to at least take a -- at least a moment of silence before Commissioner Sanchez. Today is the first anniversary of the death of our colleague, Commissioner Arthur Teele. I would like to take the time to at least reserve in a moment of silence in his honor. Chairman Gonzalez: Of course. Vice Chairman Sanchez: If you could please join us in a moment of silence for the late Commissioner Teele. Prayer and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS 1. Mayor Diaz presented a proclamation to Consul General Jorge E. Roman Morey in recognition of Peruvian Independence Day, July 28, 2006, Peru's 185th year of independence. 2. Mayor Diaz presented certificates to Megumi Sakanaka, Eri Amiya, Mai Chaen, Hibiki Kimura, Chika Matsushita, Mako Kawabata, Asako Yamamoto, Marina Ohto, Sayumi Sakoda, Mao Matsushita , Hideaki Fukusaki, Kousuke Kukita, Shota Watanabe, Karuna Hayashi, and Aya Kamikatahira, the 2006 participants of the Miami -Kagoshima Sister Cities Student Exchange Program; and to their chaperone, Hideyuki Ogura. 3. Commissioner Haskins presented a proclamation to City employees Laura Billberry, Stephen Bogner, and Alejandra Argudin, in recognition of National Marina Day, for their outstanding work managing the City's marinas. Chairman Gonzalez: Now we're going to go into the proclamation and presentations. I believe City ofMiami Page 3 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 MAYORAL VETOES the Mayor has some proclamations? Mayor Manuel A. Diaz: Yes. Presentations and proclamations presented. NO MAYORAL VETOES Chairman Gonzalez: Madam City Clerk, we don't have any vetoes from the Mayor's office, right? Priscilla A. Thompson (City Clerk): That is correct. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: All right. We need to approve the Planning and Zoning -- the -- I'm sorry - - minutes of the Planning and Zoning meeting of June 22, 2006. Vice Chairman Sanchez: So moved, Mr. Chair. 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: Mr. City Attorney, would you please read the procedures of the meeting? Jorge L. Fernandez (City Attorney): Certainly. Mr. Chairman, Commissioners, members of the public, any person who is a lobbyist must register with the City Clerk. A copy of the section about lobbyists is available at the City Clerk's office. The material in connection with each item appearing on the agenda is available for inspection at the City Clerk's office and also online. Formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto certain items approved by the City Commission within ten calendar days of the Commission action. The Commission may override such veto by a four fifth vote. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item on which the appeal is based. Absolutely no cell phones, beepers, nor other audible sound or ringing devices are permitted in the Commission chambers. Please silence those now. Any person making impertinent or slanderous remarks, or who becomes unruly while addressing the Commission shall be barred from further attending Commission meetings, unless permission to continue or again address the Commission is granted by a vote of the Commission. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or a Commissioner is allowed. No signs or placards are allowed in the chambers. Persons exiting the Commission chambers shall do so quietly, please. Persons may address the City Commission on items appearing on the `public hearing" portion of the agenda and on items where public input is solicited. Persons wishing to speak should inform the City Clerk as soon as possible of a desire to speak, giving the City Clerk their names. At the time the item is heard, persons who will speak approach -- will approach the microphone and wait to be recognized. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberations of the agenda item being City ofMiami Page 4 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. The items will be heard in the numbered sequence on the agenda, except for items PZ (Planning & Zoning), which will begin after 10 a.m. Mr. Chairman, I understand that the Administration has pulled from consideration from the agenda PH.1, so -- Chairman Gonzalez: OK. Mr. Fernandez: -- you will not have to deal with PH.1 this morning. When we get into the PZ agenda, I will then read the script that you need to follow, as well as some items that may be pulled. Chairman Gonzalez: Thank you very much. CONSENT AGENDA CA.1 06-01214 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL Improvement SERVICES AGREEMENT ("AGREEMENT") DATED JANUARY 21, 2005, Programs/Transpor WITH POST, BUCKLEY, SCHUH, AND JERNIGAN, PURSUANT TO tation REQUEST FOR QUALIFICATIONS NO. 02-03-163, FOR THE PROVISION OF CIVIL ENGINEERING SERVICES, FOR STORM SEWER/ROAD IMPROVEMENT/DREDGING PROJECTS ON A CONTINUING BASIS FOR MISCELLANEOUS PROJECTS, IN AN AMOUNT NOT TO EXCEED $158,932, INCREASING THE AMOUNT FROM $500,000, TO AN AMOUNT NOT TO EXCEED $658,932; ALLOCATING FUNDS, FOR SAID INCREASE, FROM VARIOUS FUNDING SOURCES, INCLUDING CAPITAL IMPROVEMENT PROJECT ACCOUNTS; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 06-01214 Legislation .pdf 06-01214 Exhibit .pdf 06-01214 Exhibit 2 .pdf 06-01214 Exhibit 3 .pdf 06-01214 Exhibit 4 .pdf 06-01214 Exhibit 5 .pdf 06-01214 Summary Form.pdf 06-01214 Table of Contents.pdf 06-01214 Professional Services Agreement.pdf 06-01214 Pre -Attachment .pdf 06-01214 Pre -Attachment 2.pdf 06-01214 Work Order .pdf 06-01214 Consultant Work Order .pdf 06-01214 Staff Classification.pdf 06-01214 Pre -Attachment 3 .pdf 06-01214 Pre -Attachment 4 .pdf 06-01214 Corporate Resolution .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0452 City ofMiami Page 5 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 CA.2 06-01216 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID OF SANCHEZ ARANGO CONSTRUCTION, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 05-06-065, ISSUED MAY 23, 2006, FOR THE PROJECT ENTITLED "TRAFFIC CIRCLES AND STREET BARRIERS MAINTENANCE CONTRACT -SECOND BIDDING, B-30370," FOR A TWO-YEAR PERIOD, IN AN ANNUAL AMOUNT NOT TO EXCEED $441,230, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $882,460, AS STATED ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS PROJECT FACT SHEET, ATTACHED AND INCORPORATED, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS, FROM PUBLIC WORKS GENERAL ACCOUNT NO. 001000.310201.6.340; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 06-01216 Legislation.pdf 06-01216 Exhibit.pdf 06-01216 Exhibit 2.pdf 06-01216 Exhibit 3.pdf 06-01216 Summary Form.pdf 06-01216 Letter.pdf 06-01216 Schedule of Bid Prices.pdf 06-01216 Letter 2.pdf 06-01216 Proposal Bid Form.pdf 06-01216 Schedule of Bid Prices 2.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0453 CA.3 06-01217 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY PATRICIA TORRES, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $40,000 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 PATRICIA TORRES V. CITY OF MIAMI, IN THE ELEVENTH CIRCUIT COURT OF FLORIDA, CASE NO. 02-29474 CA (21), UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.651. 06-01217 Legislation.pdf 06-01217 Cover Memo.pdf 06-01217 Memo.pdf City ofMiami Page 6 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0454 CA.4 06-01218 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID OF SFM SERVICES, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 05-06-059, ISSUED MAY 30, 2006, FOR THE PROJECT ENTITLED "CORAL WAY MAINTENANCE CONTRACT, B-30389," IN THE TOTAL AMOUNT NOT TO EXCEED $141,805, AS STATED ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS PROJECT FACT SHEET, ATTACHED AND INCORPORATED, FOR A ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM PUBLIC WORKS GENERAL ACCOUNT NO. 001000.311.003.6.340; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 06-01218 Legislation .pdf 06-01218 Exhibit .pdf 06-01218 Exhibit 2.pdf 06-01218 Exhibit 3.pdf 06-01218 Exhibit 4.pdf 06-01218 Exhibit 5.pdf 06-01218 Summary Form.pdf 06-01218 Proposal Bid Form .pdf 06-01218 Pay Item Description.pdf 06-01218 Local Participation.pdf 06-01218 Questionaire .pdf 06-01218 Office Location Affidavit.pdf 06-01218 Local Participation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0455 CA.5 06-01219 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONTRACT BETWEEN THE CITY OF MIAMI AND ENVIROWASTE SERVICES GROUP, INC., FOR THE PROJECT ENTITLED "CITYWIDE STORM SEWER INLET CLEANING PROJECT -SOUTH ZONE, B-50717," PURSUANT TO RESOLUTION NO. 05-0447, ADOPTED JULY 28, 2005, TO INCLUDE AN ADDITIONAL TWO HUNDRED (200) DAYS OF WORK REQUIRED DUE TO HURRICANE WILMA, INCREASING THE SECOND YEAR CONTRACT SUM IN AN AMOUNT NOT TO EXCEED $694,600.93, INCREASING THE TOTAL CONTRACT AMOUNT FROM $299,610 TO $ 994,210.93; ALLOCATING City ofMiami Page 7 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 FUNDS, FOR SAID INCREASE, FROM FEMA ACCOUNT NO. 800007.311508.6.340; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO SAID CONTRACT, FOR SAID PURPOSE; AMENDING RESOLUTION NO. 05-0447, TO REFLECT SAID INCREASE. 06-01219 Legislation.pdf 06-01219 Exhibit .pdf 06-01219 Summary Form.pdf 06-01219 Letter.pdf 06-01219 Status Contact.pdf 06-01219 Pre-Legislation.pdf 06-01219 City Wide Cleaning Project.pdf 06-01219 Pre-Attachment.pdf 06-01219 Pre -Attachment 2.pdf 06-01219 Pre -Attachment 3.pdf 06-01219 Disclosure Rider.pdf 06-01219 Power of Attorney .pdf 06-01219 Corporate Resolution. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0456 CA.6 06-01220 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Public Works PURCHASE OF ONE (1) DIESEL TANDEM TRUCK WITH A ZIM-MIXER, NINE (9) CUBIC YARD CONCRETE MIXING UNIT, FROM COMMERCIAL VEHICLES OF SOUTH FLORIDA, D/B/A FREIGHTLINER OF TAMPA, UTILIZING PINELLAS COUNTY CONTRACT NO. 056-265-B(JL) ITEM 5, FOR THE DEPARTMENT OF PUBLIC WORKS, OPERATIONS DIVISION, IN AN AMOUNT NOT TO EXCEED $184,797; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ACCOUNT NO. 352216, B-30156. City ofMiami Page 8 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 06-01220 Legislation.pdf 06-01220 Summary Form.pdf 06-01220 Letter.pdf 06-01220 CIP Project Form.pdf 06-01220 Board of County Commissioners.pdf 06-01220 Contract Review.pdf 06-01220 Memo.pdf 06-01220 Bid Tabulation.pdf 06-01220 Agenda Vote Result.pdf 06-01220 Sealed Bid .pdf 06-01220 General Conditions.pdf 06-01220 Special Conditions.pdf 06-01220 Insurance and Indemnification Requirements.pdf 06-01220 Vendor References.pdf 06-01220 General Specifications.pdf 06-01220 Standard Purchase Order.pdf 06-01220 E-mail.pdf 06-01220 Automated Purchase Order .pdf 06-01220 General Specifications 2.pdf 06-01220 Specification Proposal.pdf 06-01220 E-mail 2.pdf 06-01220 Pinellas County Clarification. pdf 06-01220 Schematics.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0457 CA.7 06-01221 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE Capital RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE Improvement FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST Programs/Transpor FOR QUALIFICATIONS NO. 05-06-077, THAT THE FIRMS MOST QUALIFIED tation TO PROVIDE GEOTECHNICAL AND CONSTRUCTION MATERIAL TESTING SERVICES CITYWIDE, ON AN AS -NEEDED BASIS, IN RANK ORDER, ARE: 1) MACTEC ENGINEERING & CONSULTING, INC., 2) ARDAMAN AND ASSOCIATES, INC., AND 3) PROFESSIONAL SERVICES INDUSTRIES, INC; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AGREEMENTS WITH ALL OF THE RECOMMENDED FIRMS; FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENTS TO THE CITY COMMISSION FOR ITS CONSIDERATION AND APPROVAL. 06-01221 Legislation.pdf 06-01221 Summary Form.pdf 06-01221 Memo.pdf 06-01221 Memo 2.pdf 06-01221 Synopsis of Evaluation Committe.pdf 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 8/29/2006 City Commission Meeting Minutes July 27, 2006 R-06-0458 CA.8 06-01222 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN Police INCREASE IN THE CONTRACT WITH EXXON/MOBILE, ATLANTA, GEORGIA, AND ITS GASOLINE DEALERS LOCATED WITHIN THE CITY OF MIAMI ("CITY"), QUALIFIED TO PROVIDE PREMIUM 93-OCTANE GASOLINE TO MEMBERS OF THE CITY POLICE DEPARTMENT'S MOTORCYCLE FLEET, UTILIZING THE EXXON FLEET CREDIT CARD/SPEED PROGRAM, PURSUANT TO RESOLUTION NO. 01-685, ADOPTED JULY 10, 2001, FURTHER AMENDED PURSUANT TO RESOLUTION NO. 05-0518, ADOPTED SEPTEMBER 8, 2005, IN AN ANNUAL AMOUNT NOT TO EXCEED $10,000, INCREASING THE ANNUAL AMOUNT FROM $42,000, TO AN ANNUAL AMOUNT NOT TO EXCEED $52,000; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290301.6.715; AMENDING RESOLUTION NO. 05-0518, TO REFLECT SAID INCREASE. 06-01222 Legislation.pdf 06-01222 Summary Form.pdf 06-01222 Contract Award .pdf 06-01222 Text File Report.pdf 06-01222 Master Report.pdf 06-01222 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0459 CA.9 06-01223 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW Police SPECIAL REVENUE FUND ENTITLED: "COPS HELPING OUR INNER-CITY CHILDREN EXCEL (CHOICE) PROGRAM," FOR THE DEPARTMENT OF POLICE, CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF JUVENILE JUSTICE, IN THE AMOUNT OF $75,000, AND THE CITY OF MIAMI'S REQUIRED LOCAL MATCH CONTRIBUTION IN THE AMOUNT OF $18,857, FOR A TOTAL AMOUNT OF $93,857; ALLOCATING FUNDS, IN THE AMOUNT OF $18,857, FROM THE POLICE GENERAL OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 06-01223 Legislation .pdf 06-01223 Summary Form.pdf 06-01223 Letter.pdf 06-01223 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0460 City ofMiami Page 10 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 CA.10 06-01224 Department of Purchasing RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF FLORIDA POLICE PRODUCTS, RECEIVED MAY 22, 2006, PURSUANT TO INVITATION FOR BIDS NO. 05-06-068, FOR THE PURCHASE OF GAS MASKS AND ACCESSORIES, ON AN AS -NEEDED CONTRACT BASIS, FOR AN INITIAL TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 06-01224 Legislation .pdf 06-01224 Summary Form .pdf 06-01224 Bid Security List .pdf 06-01224 Tabulation of Bids .pdf 06-01224 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones CA.11 06-01225 Department of Information Technology R-06-0461 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PRODUCT MAINTENANCE SCHEDULE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MODIS SOLUTIONS, FOR THE ACQUISITION OF MAINTENANCE OF PROPRIETARY SOFTWARE AND SUPPORT SERVICES, OF THE XGEN/CP DEVELOPMENT/PRODUCTION LICENSE FOR NX4822-32, INCLUDING TWELVE (12) USER XGEN/32 LICENSES, IN ACCORDANCE WITH CHAPTER 18, SECTION 18-86(3)(D), OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR A ONE-YEAR PERIOD, WITH AN OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, AT A PROPOSED ANNUAL AMOUNT NOT TO EXCEED $42,185, FOR FISCAL YEAR 2007-2008, $44,290, FOR FISCAL YEAR 2008-2009, AND $46,504, FOR FISCAL YEAR 2009-2010; ALLOCATING FUNDS, IN THE AMOUNT OF $42,185, FOR FISCAL YEAR 2007-2008, FROM THE GENERAL OPERATING BUDGET OF THE DEPARTMENT OF INFORMATION TECHNOLOGY, ACCOUNT CODE NO. 001000.460101.6.670, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL. 06-01225 Legislation.pdf 06-01225 Exhibit.pdf 06-01225 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0462 City ofMiami Page 11 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 CA.12 06-01226 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), AUTHORIZING THE PURCHASE OF TWO (2) NEW, PORT SECURITY VESSELS, 27' WALK AROUND CABIN SAFE VESSELS, INCLUDING THE INSTALLATION OF FOUR (4), 4-STROKE MOTORS AND ACCESSORIES, AS LISTED IN "ATTACHMENT 1," ATTACHED AND INCORPORATED, FROM SAFE VESSELS INTERNATIONAL, LLC, FOR THE DEPARTMENT OF POLICE, AS AUTHORIZED UNDER A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA COUNTER -DRUG PROCUREMENT PROGRAM, ESTABLISHED AND MAINTAINED PURSUANT TO THE NATIONAL DEFENSE AUTHORIZATION ACT SECTION 1122, KNOWN AS THE "1122 PROGRAM," AND UTILIZING FEDERAL CONTRACT GS-07F-0038H, IN AN AMOUNT NOT TO EXCEED $341,100.64, WITH SAID PURCHASE PRICE INCLUDING TRAVEL EXPENSES FOR FOUR (4) DAYS TO ALLOW FOR TRAINING AND INSPECTION OF EACH PORT SECURITY VESSEL, PRIOR TO DELIVERY; ALLOCATING FUNDS FROM THE PORT OF MIAMI RIVER SECURITY GRANT, ACCOUNT CODE NO. 110172.291145.6.840. 06-01226 Legislation .pdf 06-01226 Exhibit.pdf 06-01226 Exhibit 2 .pdf 06-01226 Exhibit 3 .pdf 06-01226 Exhibit 4 .pdf 06-01226 Exhibit 5 .pdf 06-01226 Summary Form .pdf 06-01226 Modification of Contract .pdf 06-01226 General Services Administration.pdf 06-01226 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0463 CA.13 06-01227 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Police PURCHASE OF FOUR (4) 2006 YAMAHA 4-STROKE MOTORS, FROM CENTRAL FLORIDA YAMAHA, INC., UTILIZING STATE OF FLORIDA CONTRACT NO. 120-440-05-1, EFFECTIVE THROUGH AUGUST 31, 2006, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS, FOR THE DEPARTMENT OF POLICE, AT AN AMOUNT NOT TO EXCEED $57,961.60; ALLOCATING FUNDS FROM THE PORT OF MIAMI RIVER SECURITY GRANT, ACCOUNT CODE NO. 110172.291145.6.840. City ofMiami Page 12 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 06-01227 Legislation .pdf 06-01227 Summary Form .pdf 06-01227 Corporations Online .pdf 06-01227 For Profit Annual Report .pdf 06-01227 Electronic Filing Cover Sheet .pdf 06-01227 Fax Audit.pdf 06-01227 Memo.pdf 06-01227 Memo 2.pdf 06-01227 Certification of Contract .pdf 06-01227 Contract Administrator .pdf 06-01227 Central Florida Yamaha .pdf 06-01227 Ordering Instructions.pdf 06-01227 Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0464 CA.14 06-01253 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING Parks and RESOLUTION NO. 04-0721, ADOPTED NOVEMBER 18, 2004, FOR THE Recreation PURCHASE OF RECREATIONAL EQUIPMENT AND SUPPLIES FROM VARIOUS VENDORS ON AN AS -NEEDED CONTRACT BASIS, FOR THE DEPARTMENT OF PARKS AND RECREATION, TO REFLECT A CHANGE CONVERTING SAID CONTRACT TO A CITYWIDE CONTRACT, AND TO CHANGE THE ANNUAL AMOUNT OF THE CONTRACT TO ALLOW FOR EXPENDITURES SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 06-01253 Legislation .pdf 06-01253 Summary Form.pdf 06-01253 Master Report .pdf 06-01253 Memo .pdf 06-01253 Budgetary Impact Analysis .pdf 06-01253 Award Recommendation.pdf 06-01253 Memo 2 .pdf 06-01253 Contract Award .pdf 06-01253 Award Sheet .pdf 06-01253 Special Conditions .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones CA.15 06-01262 Department of General Services Administration R-06-0465 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE FUND ENTITLED:"FREQUENCY RECONFIGURATION PROGRAM" TO RECEIVE FUNDING FROM NEXTEL SOUTH CORP. ("NEXTEL") PURSUANT TO A City ofMiami Page 13 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 FEDERALLY MANDATED FREQUENCY RECONFIGURATION AGREEMENT ("AGREEMENT") FOR WAVE 3, STAGE 1 REGARDING NATIONWIDE RECONFIGURATION OF PUBLIC SAFETY RADIO COMMUNICATIONS SYSTEMS, WITH PARTIAL FUNDING TO OCCUR AFTER THE EXECUTION OF SUCH AGREEMENT AND IN PART ON A REIMBURSEMENT BASIS; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID FUNDING, TO EXECUTE THE AGREEMENT WITH NEXTEL, IN SUBSTANTIALLY THE ATTACHED FORM, TO EXECUTE THE WAIVER OF PRIVILEGE AND CONFIDENTIALITY ("WAIVER") IN SUBSTANTIALLY THE ATTACHED FORM, REQUIRED BY THE FEDERAL COMMUNICATIONS COMMISSION ("FCC") AND THE 800 MHZ TRANSITION ADMINISTRATOR ("TRANSITION ADMINISTRATOR"), AND TO PROVIDE ALL OTHER NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH THE AGREEMENT, THE WAIVER, AND THE FREQUENCY RECONFIGURATION PROCESSES REQUIRED BY THE FCC AND THE TRANSITION ADMINISTRATOR; AUTHORIZING FUNDING AND APPROPRIATIONS ON AN AS -NEEDED BASIS SUBJECT TO BUDGETARY APPROVALS FOR VARIOUS CITY DEPARTMENTS TO ACCOMPLISH THE RECONFIGURATION PROCESSES REQUIRED BY THE FCC AND THE TRANSITION ADMINISTRATOR AND TO BE DETERMINED DURING THE RECONCILIATION PROCESS. 06-01262 Legislation.pdf 06-01262 Exhibit.pdf 06-01262 Exhibit 2 .pdf 06-01262 Exhibit 3 .pdf 06-01262 Exhibit 4 .pdf 06-01262 Exhibit 5 .pdf 06-01262 Exhibit 6 .pdf 06-01262 Exhibit 7 .pdf 06-01262 Exhibit 8 .pdf 06-01262 Exhibit 9 .pdf 06-01262 Exhibit 10 .pdf 06-01262 Summary Form.pdf 06-01262 Slide Show.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0466 Adopted the Consent Agenda Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA Chairman Gonzalez: All right. Let's move into the consent agenda. Are there any items that you want to pull from the agenda --from the consent agenda? OK. Hearing none, we need a motion to -- City ofMiami Page 14 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Commissioner Haskins: I'd like to pull CA.9, just for discussion, from the Police Department. Chairman Gonzalez: I beg your pardon? Commissioner Haskins: CA.9. Chairman Gonzalez: CA.9. Vice Chairman Sanchez: CA.9 is a -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- matching grant. Commissioner Haskins: I just want to understand from the Police Department, where are you concentrating these funds? What kind of -- what program are you putting together and where is it concentrated? Deputy Chief Frank Fernandez: Good morning, Commissioners. Frank Fernandez, deputy chief Miami Police Department. Thank you so much, Commissioner Haskins. These programs are located in different zip codes throughout the city, as well as the county. Basically, we're focusing these programs in areas where we're finding a lot of criminal activity, a lot of children and kids that are having problems. In particular, four schools that we're focusing in on: the first one, Edison Park Elementary, Allapattah Middle School, Jose Diego Middle School, and Miami Edison Middle School. These are the four schools that our programs are focused around. The programs that were developed are actually tutoring, mentoring, and field frips that we do with the kids. The police officers act as the mentors for these children, and their goal is to keep them off the streets, and provide them a future, as best we can give them a good, solid foundation. Commissioner Haskins: Is there a possibility of getting additional grants in the future related to this? Deputy Chief Fernandez: We are always certainly seeking out additional grants, but certainly, this is a good start for us. Commissioner Haskins: I would like to see some sort of activity in Village West, butt know that you have -- you've applied for the grant for specific schools, but it's something that we've been trying to work on; taking a holistic approach to dealing with economic development, crime, and housing issues in Village West, so if you could think of that in the future, I'd appreciate it. Deputy Chief Fernandez: Absolutely, Commissioner. Chairman Gonzalez: Any further discussion? Hearing none, we need a motion to approve the consent agenda. Commissioner Spence -Jones: So move. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. City ofMiami Page 15 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER LINDA M. HASKINS D2.1 06-01245 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE, PURSUANT TO SECTION 54-343(5) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE DEPARTMENT OF OFF-STREET PARKING ("DOSP") TO APPORTION AND TO WAIVE A PART OF THE SUPPLEMENTARY USER FEE FOR THE 2006 GOOMBAY FESTIVAL, ONLY A PORTION OF WHICH WAS HELD IN THE COCONUT GROVE SPECIAL EVENTS DISTRICT, MIAMI, FLORIDA; AUTHORIZING AND DIRECTING DOSP TO EXECUTE ANY NECESSARY DOCUMENTS FOR SAID PURPOSE. 06-01245 Legislation.pdf 06-01245 Exhibit .pdf 06-01245 Exhibit 2.pdf 06-01245 Exhibit 3.pdf 06-01245 Exhibit 4.pdf 06-01245 Exhibit 5 .pdf 06-01245 Exhibit 6 .pdf 06-01245 Exhibit 7 .pdf 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 R-06-0468 Chairman Gonzalez: D.2. Commissioner Haskins: Yes. My first resolution relates to the waiver of fees by the Coconut Grove Business Improvement Committee for the Goombay Festival. The Goombay activities only took -- occurred in a portion of the BIC (Business Improvement Committee), and they don't want to charge the full BIC fee. They want to prorate it for the portion of the BIC that they used. Commissioner Regalado: Second. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye." City ofMiami Page 16 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. D2.2 06-01246 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RECOMMENDATION AND PROPOSED $75,000 TRANSFER, ON A TWO-YEAR REIMBURSEMENT BASIS, FROM THE PARKING WAIVER TRUST FUND AND APPROVING THE RECOMMENDED AND PROPOSED SECOND AMENDED BUDGET OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006; AUTHORIZING AND DIRECTING THE DEPARTMENT OF OFF-STREET PARKING TO MAKE SUCH $75,000 TRANSFER FROM THE PARKING WAIVER TRUST FUND TO THE COCONUT GROVE BUSINESS DISTRICT IMPROVEMENT TRUST FUND. 06-01246 Legislation .pdf 06-01246 Exhibit .pdf 06-01246 Exhibit 2 .pdf 06-01246 Exhibit 3 .pdf 06-01246 Exhibit 4 .pdf 06-01246 Exhibit 5 .pdf 06-01246 Exhibit 6 .pdf 06-01246 Exhibit 7 .pdf 06-01246 Exhibit 8 .pdf 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 R-06-0469 Commissioner Haskins: The second resolution also relates to the Coconut Grove Business Improvement Committee. This is the first step to putting together an actual business improvement district in Coconut Grove, and it authorizes the use of parking trust funds, in the amount of $75,000, to be used by consultants, and those funds would be replaced in the frust fund over a two-year period. Commissioner Regalado: Second. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ D3.1 06-01288 DISCUSSION ITEM City ofMiami Page 17 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 DISCUSSION CONCERNING A REPORT OF THE CITY OF MIAMI VETERANS WORKING GROUP. 06-01288 E-mail.pdf DISCUSSED Direction by Commissioner Spence -Jones to the Administration to include provisions in upcoming legislation to address special consideration for veterans applying for housing. Chairman Gonzalez: D3.1. Vice Chairman Sanchez: D3.1. Thank you, Mr. Chair. As you are aware and the Administration, we are working on a veteran's working group to address not only housing for the veterans, but also veterans assistance service in the City, and I -- at this time, I would like the working group to come up and just give you a brief detail of what we're working on. If you could all step up, and let's fry to make this as brief as possible; we have a long agenda, but all it basically does is, I'm basically asking that a pilot program be put together in District 3 to assist all those veterans that are coming back now from overseas. They're coming back to a different Miami. A different Miami with different needs, and they've definitely in need of assistance, and not only in assistance, but also in affordable housing and workforce housing, so at this time, I'd like to, you know, reserve some time for those that are here to just elaborate on their responsibility on this working group in the scope of their duties as we fry to accomplish what we set out to do. Daniel Rosemond (Assistant Director): Good morning. Daniel Rosemond, Department of Community Development. As the Commissioner stated, the working group initiative with regard to the veterans program, the affordable housing component is -- essentially, what we've been trying to do is craft a particular program targeted at this particular group of individuals. We have been in contact with several of our affordable housing developers and have gotten preliminary commitments from them to set aside some of the units -- some of the City -assisted units for these veterans, and so what we are trying to do within the next couple of weeks is to develop a specific program and identify the income of these veterans that are returning to make sure that they qualify, given the funding sources that we're using. Vice Chairman Sanchez: Thank you. Hector Mirabile (Deputy Director): Good morning, Commissioners. My name is Hector Mirabile, Employee Relations, City ofMiami. One of the charges that was brought on to my area was the Employee Relations side and how we are helping the veterans hire and how can we assist further. I'd like to report that the City ofMiami is exemplary in that category, and for the details, I have asked Joni Jones Harris to come forward and explain some of the aspects of it. Commissioner Haskins: And Colonel. Mr. Mirabile: Yes. I'm also a Colonel of Florida Army National Guard and a veteran. Thank you. Joni Jones Harris (Employee Relations Manager): Good morning, Commissioners. I'm Joni Harris from the Department of Employee Relations, and I'm pleased to share with you this morning that the City ofMiami has been offering benefits, in compliance with state and federal laws, and probably going a little step further in terms of its employment processes. Currently, we have 103 active, preference -eligible veterans that are in our workforce, and over the last 15 years, we've had 1,142 apply and be given veteran's preference. I want you to know that we do give veteran's preference at each step of our selection process, which makes -- which includes things like making sure that once they qualify, that they are guaranteed an interview; that they City ofMiami Page 18 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 get additional points added to exams in accordance with their disability or their nondisabled veteran status; that their jobs are secured for up to five years; that they're given supplemental pay, based upon our Commission's graciousness, to make sure that they are not losing money for going to serve our country, and on active duty. They also receive preference in retention so that, hopefully not, but in the event that we would have layoffs, if there was a tie in terms of who came to the City first in terms of seniority within a job classification, the veteran would be the one to stay as opposed to being laid off. Continuation of benefits also occurs, and under UCERO, we make sure that if the employee were gone and they were to come back -- if they had been here, we freat them -- we give them the same benefits as if they would have stayed here. If they miss a promotional exam, our contracts have been revised so that we would give them a parallel exam so they can compete for a promotion; their seniority would continue to accrue, and their benefits are uninterrupted. Vice Chairman Sanchez: Thank you. Ms. Jones Harris: You're welcome. Vice Chairman Sanchez: Pablo. Pablo Canton: Good morning, Commissioners, Mr. Manager. First of all, I would like to thank Commissioner Sanchez for his leadership in getting this committee together. I'm honored to be part of this committee as a veteran myself like Colonel Mirabile. I guess he's representing Vietnam and I'm Iraq, couple of years' difference there, or is it the other way around, Hector? Mr. Mirabile: The other way around. Mr. Canton: Other way around. I always forget. Anyway -- Vice Chairman Sanchez: How could you forget you went to Vietnam? Mr. Canton: I don't know. That's combat stress or something that makes me forget the years, but we are here frying to help all the veterans. Once we get the information that we're putting together, the idea is to bring it over to the NET (Neighborhood Enhancement Team) offices so that we can disseminate and help the veterans that will come to the NET offices. I already talked to our director, David Rosemond. We're going to be briefing the whole NET staff as to the benefits, and any time we have a veteran coming in, we can actually refer them to get the proper help, and we're working on it, and hopefully, it's going to be a program that is going to help all the veterans in the City ofMiami. Vice Chairman Sanchez: And I do want to take the opportunity to thank you for the long hours and meetings that we put together. We do have tremendous representation from many agencies, and we're certainly working with the VA (Veterans Administration) and other agencies that provide assistance. There isn't any reason why we can't get this pilot program going in September; hopefully, they'll start coming back, and the beauty of it is, and not only are we going to be able to help veterans, we're also going to be helping City employees that are coming back from overseas, and it's something that we should all be very proud of so thank you very much. Mr. Rosemond: Thank you. Commissioner Spence -Jones: I just want to -- can I just add to it? Vice Chairman Sanchez: Absolutely. Commissioner Spence -Jones: OK. Danny, I just wanted to ask you -- and again, once again, I City ofMiami Page 19 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 commend my colleague on this issue. I -- you know we have so many housing units that are coming up and available. I know throughout the whole city. This weekend was a perfect example of the opening that we did for many of the seniors this past weekend in Overtown for a new development. I know that a lot of the focus -- and I just want to have clarity from Commissioner Sanchez on it. This initiative would not only address the vets (veterans) that are just coming back, but it will be addressing vets period, all the way around, correct? Mr. Rosemond: Correct. Commissioner Spence -Jones: OK. I had, at least, probably about six or seven, Commissioner Sanchez, vets for this housing opening that we had in Overtown, and many of them came to try to apply for housing, and because of their current history -- meaning, you know, some of them were recovering addicts; had been clean maybe 10, 15 years since the war -- found it very difficult to apply, or even be selected, or they were actually being disqualified because of these past issues. I just wanted to find out from Danny, as you begin to pull this whole thing together -- I'd be more than willing, especially from the units that I have coming available in my district -- to outline some of those or identify a certain percentage of those units to go to vets, you know, to make sure that they're not having a hard time, but my question then becomes, I really need for you to work with the housing developers that are building these projects to, at least, have some sort of special consideration -- Mr. Rosemond: Right. Commissioner Spence -Jones: -- for them, because what happens is many of them end up living on the streets, which means they become homeless -- Mr. Rosemond: That's correct. Commissioner Spence -Jones: -- so I just want to make sure -- and I had to really push on the issue when I was there on Saturday, you know, because you see these guys, and they're trying to make it, you know, and -- you know, when they fill out the paperwork, they're saying that they don't qualify, and the issues can range from them having mental illnesses or whatever the situation is -- Mr. Rosemond: Right. Commissioner Spence -Jones: -- so I just want to make sure that you guys do whatever it takes, and all of the upcoming legislation include something to address that issue of having some special consideration for those vets. Mr. Rosemond: And, Commissioner, you're absolutely right. That's exactly where it has to happen. It has to happen at the level of the developers because they deal -- Commissioner Spence -Jones: Yeah. Mr. Rosemond: -- directly with the people that are applying. Once we are able to codify exactly what the program parameters are, they're going to be a vital opponent to making sure that as these individuals -- the target group, as they apply, that they are given special preference, and we're working -- going to work with the VA to make sure that they have all of the financial credentials in line so that they can, obviously, qualify for the units that are being set aside. Vice Chairman Sanchez: And this has never been done. Commissioner Spence -Jones: Right. City ofMiami Page 20 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: I mean -- Mr. Rosemond: Right. Vice Chairman Sanchez: -- there's a lot of duplication of services. They come back from war and they get briefed. They don't care all the papers -- I mean, they get stacks of papers. They just want to get home and be with their loved ones -- Commissioner Spence -Jones: Yeah. Vice Chairman Sanchez: -- so they just ignore all that, so what we're doing is we're eliminating all that double services out there that -- and we're putting together a group -- and basically, what this is is a pilot program to maybe do it for about maybe six months to a year -- Mr. Rosemond: Right. Vice Chairman Sanchez: -- and if it works, then maybe it could be expanded through the whole city, but as everything -- and believe me, we've had meetings with members of the VA -- I mean, we've had numerous meetings with people, and we're just frying to fine-tune this now -- Mr. Rosemond: Right. Vice Chairman Sanchez: -- so we could simplify the process, cut down the red tape, the bureaucracy that exists out there, because you know what? There's a philosophy that goes "Keep it simple, Stupid," and all they do is complicate it where it just -- it gets out of control; too many forms to fill, too many offices to go visit, and we want to just eliminate that. All right. Thank you. I guess that -- that's the only item I had, Mr. Chair. Thank you so much for allowing me to go beyond the 15 minutes. DISTRICT 4 COMMISSIONER TOMAS REGALADO DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES City ofMiami Page 21 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 PUBLIC HEARING PH.1 06-01228 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, Improvement AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND Programs/Transpor CONFIRMING THE CITY MANAGER'S EMERGENCY FINDINGS, WAIVING tation THE REQUIREMENTS FOR COMPETITIVE SEALED PROPOSAL PROCEDURES, PURSUANT TO SECTIONS 18-86 AND 18-87, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND UNDER FLORIDA STATUTE 287.055; AUTHORIZING THE AWARD OF A CONTRACT TO RO ARCHITECTS AND PLANNERS, INC., TO PROVIDE DESIGN (ARCHITECTURE AND ENGINEERING) AND CONSTRUCTION ADMINISTRATION SERVICES, FOR FIRE STATION NO. 1, PROJECT B-60455A, IN AN AMOUNT NOT TO EXCEED $241,165.61; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT B-60455A, AND VARIOUS OTHER SOURCES OF FUNDS INCLUDING NEW FUNDING THAT MAY BECOME AVAILABLE; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 06-01228 Legislation .pdf 06-01218 Exhibit.pdf 06-01228 Exhibit 2.pdf 06-01228 Exhibit 3.pdf 06-01228 Exhibit 4.pdf 06-01228 Exhibit 5.pdf 06-01228 Summary Form.pdf 06-01228 Memo.pdf 06-01228 Memo 2.pdf 06-01228 Notice of Public Hearing.pdf 06-01228 Professional Services Agreement .pdf 06-01228 Corporate Resolution .pdf DEFERRED City ofMiami Page 22 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 ORDINANCE - SECOND READING SR.1 06-01206 ORDINANCE Second Reading Office of the City AN ORDINANCE SCHEDULING AN ELECTION TO FILL, SUBJECT Attorney TO DISPLACEMENT, THE OFFICE OF COMMISSIONER, DISTRICT NO. 2; SETTING NOVEMBER 7, 2006, AS THE DATE OF SUCH ELECTION, AND ESTABLISHING SEPTEMBER 8, 2006 THROUGH SEPTEMBER 23, 2006, AT 6 P.M. AS THE TIME TO QUALIFY THEREFOR; FURTHER, SCHEDULING A RUN-OFF ELECTION TO FILL THE OFFICE OF COMMISSIONER DISTRICT NO. 2, SAID ELECTION TO BE HELD ON NOVEMBER 21, 2006, UNLESS SAID OFFICE HAS BEEN FILLED BY THE ELECTION OF A CANDIDATE AT THE ELECTION TO BE HELD ON NOVEMBER 7, 2006; DESCRIBING PERSONS QUALIFIED TO VOTE IN SAID ELECTIONS; DESCRIBING THE REGISTRATION BOOKS AND RECORDS TO BE USED FOR THE ELECTIONS; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; DIRECTING THE CITY CLERK TO GIVE NOTICE OF THIS ORDINANCE'S ADOPTION AND TRANSMIT A CERTIFIED COPY TO THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-01206 Legislation FR/SR.pdf 06-01206 Cover Memo FR/SR.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado 12829 Chairman Gonzalez: OK. SR.1. Jorge L. Fernandez (City Attorney): Yes. SR.1 is an ordinance that deals with the proper scheduling of the elections and the runoff of that election, and we're doing this to comply with a request from the Supervisor of Elections from the County so that there is appropriate time between the general election and the runoff if there is one, so that they can provide proper equipment to all of the precincts, and this is, in essence, a second reading of that same ordinance. It's a public hearing, so if a member of the public -- Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to address the Commission on this item, please come forward. Seeing none, hearing none, the public hearing is closed. Mr. City Attorney, read the ordinance. Mr. Fernandez: Yes. Vice Chairman Sanchez: So moved. Commissioner Spence -Jones: Second. City ofMiami Page 23 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 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, 4/0. [Later..] Commissioner Regalado: Question. Chairman Gonzalez: All right. Commissioner Regalado: Mr. Chairman, just so -- on the matter of election. Under early voting, Madam Clerk -- Madam Clerk? Ms. Thompson: Yes. I'm -- Commissioner Regalado: The early voting, it will start on the 21 st? Ms. Thompson: Oh, I'm sorry. I don't have that date. It's -- just one second. Let me just check for you. It's actually two days before. It'll start on -- hold on. It'll start on that -- if I'm not mistaken, it's going to start on the 21 st, that Saturday -- they'll have Saturday, Sunday voting straight through the week and end on the Sunday before the election. Commissioner Regalado: That's for the primary, and for the general election, we do have also early voting here in City Hall? Ms. Thompson: Yes, yes. We -- actually, now, the City Manager approved a contract. City Hall will now become a polling place in all elections. Commissioner Regalado: Oh, it will be a polling place. Ms. Thompson: Yes. It is designated now as a polling place. Commissioner Regalado: But it's also early voting? Ms. Thompson: That is correct. Commissioner Regalado: This is the only site in the City, except the County facility. Ms. Thompson: That I can't say offhand. I need to look at my list, because I think there might have been one other one, but I'm not sure. I can check for you. Commissioner Regalado: OK Thank you. Mr. Fernandez: Mr. Chairman, just for the record, to make sure that those who are listening and not reading, the dates of the elections are November 7 and November 21, respectively. Chairman Gonzalez: All right. City ofMiami Page 24 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 [Later...] Ms. Thompson: Chairman, ifI might. IfI might ask your indulgence please? Commissioner Regalado asked a question about the early voting sites in the City ofMiami, and I have given you the list. We have three early voting sites located in the City ofMiami: Lemon City Library, the Stephen P. Clark Center, and of course, Miami City Hall, so I've given you that information. I just wanted it on the record. Chairman Gonzalez: All right. Thank you -- Ms. Thompson: Thank you. Chairman Gonzalez: -- so much. That concludes the regular agenda of the day. City ofMiami Page 25 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 PART B Chairman Gonzalez: Now we are ready to commence the Planning and Zoning agenda. Mr. City Attorney, would you read the procedures of the meeting? Jorge L. Fernandez (City Attorney): Yes. Give me one second, please. Mr. Chairman, I need to announce upfront that PZ.4 and 5, as well as PZ. 26, have been continued to a time certain, in the first meeting -- I mean, in the P&Z (Planning & Zoning) meeting of September, which is September 20 -- Priscilla A. Thompson (City Clerk): Twenty-eight. Mr. Fernandez: Thank you much, so that -- Commissioner Regalado: P -- Mr. Fernandez: -- is PZ.4 and 5 and PZ.26. With regard to all the other PZ items, they will proceed as follows: Everyone wishing to speak will have to be sworn in by the City Clerk, and that will take place momentarily. Staff will first briefly describe the requests, whether it's an appeal, a special exception, a vacation, or a text amendment, zoning change, or land use change, or MUSP (Major Use Special Permit); that is, staff goes first in explaining to you the item in front ofyou. Then the appellant or the petitioner will present their request. The appellee, if applicable, if it's an appeal, will then present its positions. After that, members of the public will be permitted to speak; petitioner may ask questions of staff and after that, they're allowed to make final comments. Then the City Commission takes the item to itself you discuss it, as you deem appropriate, and then you consider a vote on that item. That's the process that should be followed in these hearings in front of you. Vice Chairman Sanchez: All right. Madam Clerk, swear in all those that'll be testifying. Priscilla A. Thompson (City Clerk): Good morning. Those ofyou who will be testifying on P&Z items today and you're in the chambers, I need you to please stand and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: And Chair, we may want to find out if there's anyone that I just administered to that might have needed it done in Spanish or another language. Vice Chairman Sanchez: All right. Is there anyone who needs a translator? If there is, please step forward and be recognized. All right. (Comments made in Spanish not translated.) We need to swear him in. We got two. All right. (Comments made in Spanish not translated.) Do we have a translator to swear him in? Ms. Thompson: Yes. He's right here. Vice Chairman Sanchez: OK. Mr. Translator, you're recognized. If you could swear them in. Well, we want to make sure that they're sworn in before they testify in front of this legislative body. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues, as translated by Rene Ramos, official Spanish interpreter. Vice Chairman Sanchez: OK. Thank you. City ofMiami Page 26 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Ms. Thompson: Thank you. PZ.1 06-00601 mu 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 BRICKELL VIEW TERRACE PROJECT, TO BE LOCATED AT APPROXIMATELY 936 AND 940 SOUTHWEST 1ST AVENUE AND 110 SOUTHWEST 9TH STREET, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 244-FOOT, 24-STORY HIGH MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 119 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 400 SQUARE FEET OF ACCESSORY RETAIL SPACE; AND APPROXIMATELY 268 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 27 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 06-00601 mu - PAB Fact Sheet.pdf 06-00601 mu - PAB Analysis.pdf 06-00601mu - Zoning Map.pdf 06-00601 mu - Aerial Photo.pdf 06-00601 mu - Projects in Vicinity.pdf 06-00601 mu - Traffic Sufficiency Letter (3.24.06).pdf 06-00601mu - IDRC Comments (2.15.06).pdf 06-00601mu - UDRB Reso (2.15.06).pdf 06-00601mu - Aviation Comments (12.9.05).pdf 06-00601 mu - School Board Comments (11.29.05).pdf 06-00601 mu - Public Works Comments (11.28.05).pdf 06-00601 mu - PAB Legislation.pdf 06-00601 mu - Exhibit A.pdf 06-00601mu - Exhibit B.pdf 06-00601mu PAB Reso.PDF 06-00601 mu - Front Cover.PDF 06-00601 mu - Table of Contents.PDF 06-00601mu - I -A Introduction.PDF 06-00601 mu - I-B Application Major Use Special Permit.PDF 06-00601mu - I-C Legal Description.PDF 06-00601 mu - I-D Disclosure of Ownership.PDF 06-00601 mu - I-E Ownership Affidavit.PDF 06-00601 mu - I-F Directory of Project Principals.PDF 06-00601 mu - I-G City of Miami Zoning Atlas Map Page 37.PDF 06-00601mu - I-H Future Land Use Map.PDF 06-00601 mu - I-1 Aerial and Location Map.PDF 06-00601mu - I-J Ownership List.PDF 06-00601 mu - I-K Project Data Sheet and Summary.PDF 06-00601mu - I-L Summary of Approvals.PDF 06-00601 mu - I-M Ownership and Tax Information.PDF 06-00601mu - I-N Corporate Information.PDF 06-00601mu - II -A Project Description.PDF 06-00601mu - Ill -Tab 1 Survey.PDF 06-00601mu - Ill -Tab 2 Site Plan and Drawings.PDF 06-00601mu - Ill -Tab 3 Traffic Impact Study.PDF 06-00601mu - Ill -Tab 4 Site Utility Study.PDF 06-00601mu - Ill -Tab 5 Economic Impact Study.PDF 06-00601 mu CC Analysis.pdf 06-00601 mu Revised School Impact Review Analysis.pdf 06-00601 mu CC Legislation.pdf 06-00601 mu CC Fact Sheet.pdf LOCATION: Approximately 936 and 940 SW 1st Avenue and 110 SW 9th Street APPLICANT(S): Tony Recio, Esquire, on behalf of East Little Havana Community Development Corporation FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on June 21, 2006 by a vote of 7-0. City ofMiami Page 28 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 *See supporting documentation. PURPOSE: This will allow the development of the Brickell View Terrace project. Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Haskins R-06-0473 Vice Chairman Sanchez: All right. We'll go ahead and start with PZ.1, but we have one more. OK. Thank you. All right, we'll go ahead and start with PZ.1. OK. The applicant, you're recognized. Kevin Walford (Planner II): Thank you, Commissioner. Kevin Walford, from the Planning Department. The item before you today is the Major Use Special Permit for the Brickell View Terrace project, to be located at approximately 936 and 940 Southwest 1st Avenue, and 110 Southwest 9th Street, and it's going -- it's supposed to be an approximate 244-foot, 24-story high mixed -use sfructure, to be comprised of approximately 119 total multifamily residential units with recreational amenities, approximately 400 square feet of accessory retail space, and approximately 268 total parking spaces. The applicant is asking for additional floor area bonuses. There are no variances or zoning changes associated with this project, and it meets all Miami -Dade aviation height standards. Staff and the Planning Advisory Board both recommend approval of this project, with the conditions listed. Vice Chairman Sanchez: With conditions as listed? Mr. Walford: Yeah. Vice Chairman Sanchez: OK. Mr. Applicant, you're recognized. Tony Recio: Good morning, members of the Commission. For the record, my name is Tony Recio, with law office at 2665 South Bayshore Drive. I'm here on behalf of East Little Havana Community Development Corporation. I have Perez and Perez Architects here with me, as well as Mr. Juan Espinosa, our traffic engineer, in case there are any questions. We're here seeking Major Use Special Permit approval of this residential project directly west of the Metrorail line at Southwest 1st Avenue, between 9th and loth Streets. We have a positive recommendation from staff. We got the unanimous support of the Planning Advisory Board. I know that you have a long agenda. If you would prefer, I can take any questions that you may have, or I can go into my presentation. Vice Chairman Sanchez: Go into your presentation. Mr. Recio: Yes, sir. OK. The property is zoned R-4 high intensity multifamily residential. Its Comprehensive Plan designation is the same high intensity multifamily residential. However, it is located within the Little Havana target area, which allows the density of 200 units to the acre. We are well below this density. The property is currently improved with an existing condominium development. That condominium development was built by East Little Havana CDC (Community Development Corporation). It was an affordable housing development. The proposed Brickell View Terrace development will be located on the southern portion. I will use our exhibit here. Here's the existing condominium. This will be -- this is the proposed tower, which is currently vacant land, and we will be providing a proposed parking sfructure that is at seven stories. This parking sfructure will serve both this development, as well as the existing City ofMiami Page 29 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 development. We're proposing to maintain the parking that is provided for this development, as well as the full parking compliment for this development. I'll launch into some of the amenities that this project has. We have an interior courtyard. It's approximately 30, 35 feet, which will serve both developments. As I said, the parking structure will serve both developments. They are completely separate. They have their own separate entrances and exits so that they can be separate. They can be operated separately. There are a full complement of amenities within this -- the residential portion of the new development; a fitness center, a pool, a recreation deck. Also, one of the key components to this site, which I thought was very important, is this enormous tree that is existing here. It's an old free. It's -- and the project has actually been designed around the tree to keep that tree there. Now, as far as the location, the location is very advantageous. It's the quintessential, urban, pedestrian friendly project because we are located directly across the street from the Metrorail station. We're within easy access of all public transportation, via thatMetrorail station, Metromover. We're within -- actually, across the street from Mary Brickell Village, as well as within three blocks from all kinds of amenities, such as parks, Fire -Rescue, Publix, and Southwest 8th Street Court, or South Miami Avenue Brickell Corridor, and the Brickell Business Corridor. As I said before, this project has the positive recommendation from staff as well as the positive recommendation from the Planning Advisory Board, and I would urge you to follow that recommendation. Vice Chairman Sanchez: All right. This is a public hearing. Is there anyone from the public wishing to address this item? I -- OK, Julie [sic] you're recognized. All right. You're recognized. Judy Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I think this looks like a very good project. The location needs things, and I only wanted to ask, to have put in the record, about the element, if there is any, of affordable or workforce housing that there might be. Vice Chairman Sanchez: Sir, could you address that? Mr. Recio: Sure. On this project -- this portion of the project, there is no element of affordable or workforce housing just for this building. The entire other condominium that is existing there was completely devoted to affordable housing. Ms. Sandoval: Thank you very much. I think it's -- Vice Chairman Sanchez: All right. Ms. Sandoval: -- a good project. Vice Chairman Sanchez: OK. Mr. Recio: Thank you. Vice Chairman Sanchez: I -- does any of the Commissioner have any questions on the item? I do. Do -- does -- or do the Casa Grande residents, are they in favor of this? Mr. Recio: They actually spoke against this application at the Planning Advisory Board meeting. Vice Chairman Sanchez: And they're not here today? Mr. Recio: They don't seem to be. Vice Chairman Sanchez: All right. This is just -- OK. All right. All right. Any discussion on the item? If not, we need a motion and a second. City ofMiami Page 30 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Commissioner Regalado: Would the Chairman wanted to -- me move the item? It's in your district. Vice Chairman Sanchez: It's fine with me. You can make the motion. Commissioner Regalado: I'll move the item in support. Vice Chairman Sanchez: There is a motion by Commissioner Regalado. Is there a second? Commissioner Spence -Jones: So move. Vice Chairman Sanchez: Second -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- by Commissioner Spence -Jones. The item is under discussion. Hearing no discussion on the item, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Mr. Recio: Thank you very much. Have a good day. PZ.2 06-00603mu 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 TIZIANO II PROJECT, TO BE LOCATED AT APPROXIMATELY 2307 NORTHEAST 4TH AVENUE AND 413-423 NORTHEAST 23RD STREET, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 315-FOOT, 29-STORY HIGH RESIDENTIAL STRUCTURE TO BE COMPRISED OF APPROXIMATELY 54 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; AND APPROXIMATELY 70 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 31 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 06-00603mu - Front Cover.PDF 06-00603mu - Inside Cover.pdf 06-00603mu - Introduction.pdf 06-00603mu - Application & Supporting Docs.pdf 06-00603mu - Owner's List.pdf 06-00603mu - Disclosure of Ownership.pdf 06-00603mu - Affidavit.pdf 06-00603mu - Tax Printout & Warranty Deed.pdf 06-00603mu - Ownership List.pdf 06-00603mu - Corporate Docs.pdf 06-00603mu - Zoning Atlas.pdf 06-00603mu - Future Land Use Map.pdf 06-00603mu - Aerial Location Map.pdf 06-00603mu - Project Principals.pdf 06-00603mu - Project Data Sheet.pdf 06-00603mu - Project Description.pdf 06-00603mu - Supporting Docs Index.pdf 06-00603mu - Site Plan.pdf 06-00603mu - Survey of Property.pdf 06-00603mu - Traffic Impact Analysis.pdf 06-00603mu - Site Utility Study.pdf 06-00603mu - Economic Impact Study.pdf 06-00603mu - Drawings.pdf 06-00603mu - Conceptual Drawings & Context Pictures.pdf 06-00603mu - PAB Fact Sheet.pdf 06-00603mu - Analysis.pdf 06-00603mu - Zoning Map.pdf 06-00603mu - Aerial Photo.pdf 06-00603mu - Traffic Sufficiency Letter (3.2.06).pdf 06-00603mu - IDRC Comments (2.15.06).pdf 06-00603mu - UDRB Resolution (2.15.06).pdf 06-00603mu - School Board Comments (1.6.06).pdf 06-00603mu - Aviation Comments (1.4.06).pdf 06-00603mu - Public Works Comments (1.3.06).pdf 06-00603mu - PAB Legislation.pdf 06-00603mu - Exhibit A.pdf 06-00603mu - Exhibit B.pdf 06-00603mu PAB Reso.pdf 06-00603mu CC Legislation.pdf 06-00603mu CC Fact Sheet.pdf LOCATION: Approximately 2307 NE 4th Avenue and 413-423 NE 23rd Street APPLICANT(S): Maria A. Gralia, Esquire, on behalf of Edgewater, LLC 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. *See supporting documentation. PURPOSE: This will allow the development of the Tiziano II project. City ofMiami Page 32 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Motion by Commissioner Sanchez, seconded by Commissioner Haskins, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-06-0475 Vice Chairman Sanchez: We move on to PZ.2, which is also a resolution. I believe we're going to need our interpreters for PZ.3, Madam Clerk. OK. Priscilla A. Thompson (City Clerk): That's correct. Vice Chairman Sanchez: OK. Maria Gralia: Mr. Chairman, ifI may? Vice Chairman Sanchez: Yes. Ms. Gralia: Just one second. Maria Gralia, at law offices at 201. I am waiting for our boards. Our architect is on his way over here. He's five minutes away. If you can call PZ (Planning & Zoning) --? Vice Chairman Sanchez: Is this your item, ma'am? Ms. Gralia: Yes, it is. Vice Chairman Sanchez: We'll table it for now. Ms. Gralia: OK Thank you. Vice Chairman Sanchez: OK. [Later..] Chairman Gonzalez: (INAUDIBLE) reconvene. We need to swear the witnesses that are going to testify. Ms. Thompson: If you plan on testifying on any of the P&Z (Planning & Zoning) items that will be coming up this afternoon and you were not sworn in this morning, I do need you to please stand and raise your right hand, and in case we have any Spanish-speaking individuals in the audience, I also will have our interpreter repeat what am saying. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues, as translated by Rene Ramos, official Spanish interpreter. Ms. Thompson: Thank you. Chairman Gonzalez: All right. PZ.2 was tabled this morning, so let's take PZ.2. Commissioner Regalado: I thought we had -- PZ.2? Chairman Gonzalez: PZ.2. Commissioner Regalado: Oh. City ofMiami Page 33 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: PZ.2. Commissioner Regalado: PZ.3. Chairman Gonzalez: Yes, sir. Kevin Walford (Planner II): Yes. Kevin Walford, from the Planning Department. In the MUSP (Major Use Special Permit) before you, it's called Tiziano II, and it's located approximately 2307 Northeast 4th Avenue and 413 to 423 Northeast 23rd Street, and they propose to construct an approximate 315-foot, 29-story high residential structure to be comprised of approximately 54 total multifamily residential units with recreational amenities, approximately 70 total parking spaces, and they're asking for additional FAR (floor area ratio) bonuses. There are no variances or zoning changes attached with this particular project. It meets the Miami -Dade aviation height regulations and is recommended for approval by both staff and the Planning Advisory Board with the conditions listed. Chairman Gonzalez: Is there any opposition to this item? Is anyone here that wants to speak in opposition to this item? OK, we see none. Yes, ma'am. Good afternoon. Vice Chairman Sanchez: Brief. Ms. Gralia: Good afternoon. Thank you very much. My name is Maria Gralia, at offices at 201 South Biscayne Boulevard. As you heard, this project was recommended for approval by your Planning staff as well as unanimously recommended for approval by UDRB (Urban Development Review Board), as well as Planning and Advisory Board. Unless you have any questions for us at this moment, I will just answer any questions that you may have. Vice Chairman Sanchez: So moved. Commissioner Haskins: Second. Chairman Gonzalez: All right. This is a resolution, right? So -- Ms. Thompson: Yes. Chairman Gonzalez: -- all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Ms. Gralia: Thank you very much. Chairman Gonzalez: Yes, ma'am. PZ.3 06-00799xc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING SPECIAL EXCEPTIONS REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A RESCUE MISSION IN THE "C-2" LIBERAL COMMERCIAL ZONING DISTRICT SUBJECT TO THE APPLICABLE CRITERIA IN SECTION 1305 AND TO ALLOW A TRANSIENT RESIDENTIAL FACILITY WITH 340 BEDS IN THE "C-2" LIBERAL COMMERCIAL ZONING DISTRICT SUBJECT TO THE City ofMiami Page 34 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 APPLICABLE CRITERIA IN SECTION 1305, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1603-27 NORTHWEST 7TH AVENUE AND 662 NORTHWEST 20TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A". 06-00799xc ZB Analysis 07-10-06 OLD.pdf 06-00799xc Zoning Map.pdf 06-00799zc Aerial Map.pdf 06-00799xc Letter of Intent.pdf 06-00799xc Application & Supporting Docs.pdf 06-00799xc Plans.pdf 06-00799xc ZB Fact Sheet 07-10-06.pdf 06-00799xc ZB Fact Sheet 07-24-06.pdf 06-00799xc ZB Analysis 07-24-06.PDF 06-00799xc Legislation.pdf 06-00799xc Exhibit A.pdf 06-00799xc Exhibit B.PDF 06-00799xc CC Fact Sheet.pdf 06-00799xc Submittal Presentation.pdf 06-00799xc Submittal Zoning Board Presentation.pdf LOCATION: Approximately 1603-27 NW 7th Avenue and 662 NW 20th Street APPLICANT(S): Santiago D. Echemendia, Esquire, and Suzanne M. Besu, Esquire, on behalf of Camillus House, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on July 10, 2006 by a vote of 8-0. PURPOSE: This will allow a rescue mission for Camillus House. NOTE: The Zoning Board recommended approval on July 10, 2006; however, 662 NW 20th Street was inadvertently omitted; therefore, it returns on July 24, 2006. Motion by Commissioner Haskins, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0474 Direction by Commissioner Spence -Jones to the Administration to create an official City -sponsored advisory board to include business owners, residents, and members of the Camillus House organization to monitor and ensure compliance with all elements of the agreement between the City and Camillus House. Direction by Commissioner Spence -Jones to the Administration to ensure there is a proviso requiring Camillus House to educate and provide community outreach to residents and business owners on this project, prior to its move to the Overtown area. Direction by Commissioner Spence -Jones to the Administration to ensure the Camillus House City ofMiami Page 35 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 prepares a transition plan for the homeless entering the shelter and returning to society, and ensure its security plan includes a real security presence. Direction by Commissioner Spence -Jones to the City Attorney to secure a copy of the University ofMiami bio-medical agreement, ensure that residents of the Overtown area will benefit from the agreement, and that the commitment by the University ofMiami remains in effect. Vice Chairman Sanchez: Let's go on to PZ.3. All right, PZ.3 is also a resolution. All right, PZ.3. Roberto Lavernia (Chief of Land Development): Good morning, Commissioners. For the record, Roberto Lavernia, with the Planning Department. This is an application for Camillus House. This is special exception for the use. The City has been working with the Camillus House and the University ofMiami through the process of land use changes -- land use -- zoning change, development agreement, and now this special exception. We're -- applicant has been working with the Planning Department regarding the design of the building, and our recommendation is for approval, as presented. Thank you. Santiago Echemendia: Good morning. Santiago Echemendia, 1441 Brickell Avenue, on behalf of the applicant. I'm accompanied by my colleague, Susan Beni, on behalf of Camillus House; Dr. Ahr, Brother Bill Osmanski, Sam Gill, and Rosario Kennedy. We'll be very brief. We've handed out the long form presentation, which is a presentation that went in front of the Zoning Board. We'll give you the short version. We've been in front of you five times; two for the plan amendment and rezoning, two for the development agreement. This is the final request. This is the special exception for the rescue mission. We agree with staffs recommendations. We're here to answer any questions. Some opposition did appear on Monday. We'd like for them to give their comments, and then we'll respond to those comments. We'd like to add two more conditions that were previously raised by Commissioner Spence -Payne [sic]. One is that we'd add an advisory -- Commissioner Spence -Jones: Spence who? Mr. Echemendia: -- committee -- Commissioner Spence -Jones: What'd he call me? Mr. Echemendia: -- of community residents, and another one is that we will use reasonable -- we will exercise reasonable efforts to use local businesses and local employees in the construction and operation of the facility, so with that, I'd like to go ahead and defer to the opposition; let them give their comments, and then we'll come back on rebuttal. Vice Chairman Sanchez: All right, counsel -- Mr. Echemendia: I'm sorry -- Vice Chairman Sanchez: -- you'll reserve some time -- Mr. Echemendia: -- Spence Jones. I apologize. Vice Chairman Sanchez: -- for rebuttal. Commissioner Spence -Jones: I know my husband wouldn't like that, sir. Mr. Echemendia: Fair enough. Sorry about that. City ofMiami Page 36 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: All right. There is opposition to this item; please step forward and be recognized, so you could have an opportunity to put your comments on the record. Rene Walker: Good morning, Commissioners. Vice Chairman Sanchez: Sir, good morning. State your name and address for the record, and you're recognized. Mr. Walker: Rene Walker, 2009 Northwest 7th Avenue. My name is Rene Walker, and I am a resident of the area. I oppose this petition for the following reasons: One, it is going to expose the children to sexual predators, drug abusers, and alcohol abusers. My research indicates that all the schools and parks in the area are within 2500 feet of the location. This location is close to the 20th Street overpass, the 17th Street overpass, and the 7th Avenue overpass. These places will become hang-outs for the transients. These places are even closer to the schools and parks in the area. You're going to bring sexual predators as close as 540 feet from Dunbar Elementary, 434 feet from Williams Park, 495 feet from Saint Francis Xavier Elementary, 255 feet from Booker T. Washington, 480 feet from Town Park Park, 861 feet from Broward Circle Park and Pine Heights Park, and 300 feet from Lindsey Hopkins. Now, I know that Camillus House is supposed to denied admittance to the shelter to the sexual predators, but this proposal is so crazy that childrens [sic] will be better off if they accept them into the shelter, because if they turn them away, they're going to be hanging around under the overpass and parks without any supervision. Now, why is the Department of Children and Families, which is empowered by the State to protect the children, giving this land to Camillus House? Why are they placing children in direct risk of harm? Are the Commissioners going to take responsibility when a child gets molested? Would the Commissioners be OK if this petition was -- if it was your child or your grandchild? This petition is also in violation of Florida Statute 893. Florida Statute 893 creates a drug free zone within 1, 000 feet from schools and parks. This facility will be 949 feet from Saint Francis Xavier School, 808 feet from Booker T. Washington, 945 feet from Lindsey Hopkins, 948 feet from Town Park Park, 861 feet from Broward Circle Park and Pines Heights Park. It is not the drug treatment center that will be in violation of Statute 893. We can't assume that those who are coming for treatment are making a conscious effort to stay away from illegal drugs. It is the kitchen and the transients' beds that will be in violation of this statute. Drugs abuser, who have no intention of going for treatment, will be coming to the shelter strictly for a meal and a bed. They will be hanging around the overpasses and the parks, in violation to -- of Statute 893. Vice Chairman Sanchez: All right. Thank you. I mean, conclusion. We have other people that want to speak on the item. I think you've made your point very clear already. Mr. Walker: Well -- Vice Chairman Sanchez: No. Go ahead, go ahead. How many pages do you have? Mr. Walker: No. I'm just finishing. Vice Chairman Sanchez: OK. Mr. Walker: I'm just finishing -- Unidentified Speaker: He's speaking for everybody. Mr. Walker: -- but I actually -- Vice Chairman Sanchez: Oh, he's speaking for everybody? City ofMiami Page 37 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Unidentified Speaker: Yes. Mr. Walker: Mr. -- Vice Chairman Sanchez: All right, go ahead, go ahead. Mr. Walker: -- Commissioner Sanchez, I actually have a lot more opposition to it, but I'm just concentrating on this one because this is so important that once you pass this, there will be no turning back, once you pass it. These children will be exposed to this forever -- Vice Chairman Sanchez: I understand. Mr. Walker: -- and ever. If you approve this petition, you will be in violation of Florida Statute 893. You will be placing children in direct risk of harm, and like I said, generations of generations of these children will be exposed to these dangers. Again, I ask you, would you be OK with this petition if it was your child, if it was your grandchild? Please, give these children the safe environment that all childrens [sic] deserve. Thank you very much. Vice Chairman Sanchez: Thank you, sir. Anyone else? Anyone else? Sir, state -- Darrell Roberts: Good morning, Commissioners. Vice Chairman Sanchez: -- your name and address for the record. Mr. Roberts: My name is Darrell Roberts. I live 1825 Northwest Place -- 5th Place, Miami, Florida. I never had a chance to speak on the matter of Camillus House because it never -- when it came up, I couldn't stay the last two times I was here. Vice Chairman Sanchez: But you've heard this item has been in front of us five times. Mr. Roberts: Yeah, but hopefully, now I could -- probably could speak my mind, but what the gentleman said, there was a very great concern. We did have a problem with drug users under 1-95 bridge and everything else, and anybody that lives in Miami, that drove around the Miami area know where Camillus House right now is present. Residents now could see the problem that they having in downtown Miami. This is the problem we're going to have in Overtown. My biggest problem right now -- right now I have the day's paper in my hand. Reading the day's paper, there's a article in here by Adam Walsh, when Adam Walsh was killed 25 years ago. Nobody know who killed him. Nobody was ever arrested by it. The thing that's we all concerned about our children that goes to school everyday, that walks under that bridge. Camillus House, to me, is a -- it's a good thing for -- to keep people off the streets, but there are some people don't - - do not want to be off the streets. They lay around Camillus House. They lives on the doorsteps of these businesses, and they going to live on the doorsteps of our residents. They are drug users. We got people wanted from other countries and other states that comes to Florida because this the paradise area to be; it's warm, you could stay outside all day long, and the criminals come down here and they prey on the residents of this community. Building that area - - building Camillus House during a resident -- near a residential area is a bad idea, and I don't think not one person in here, even the people that support this thing, want Camillus House near them. I've just got to state my opinion. Vice Chairman Sanchez: Well taken, sir, and it's on the record. Mr. Roberts: That's all got to say. Vice Chairman Sanchez: All right. Anyone else speaking on the item? I'll afford you an opportunity. City ofMiami Page 38 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Karen Cartwright: Yes. Vice Chairman Sanchez: Absolutely. I apol -- I didn't see you, my love. Go ahead. Ms. Cartwright: Good morning. Karen Cartwright, 1770 Northwest 5th Avenue. At one point in time, I opposed the fact that Camillus House was going to be near where I live. I have a granddaughter, and I protect mine with my life, OK. I am living in Overtown now, and I'm listening to the people who I have never seen down here telling me about what they don't want in my community. I am not going to argue with them about it. I am not here to debate it. I'm here to state -- make one statement of fact. At this point in time, nobody wants to call the police when there's a problem in the neighborhood. They come and knock on Karen Cartwright's door, OK. Karen Cartwright hear about the problems in the parks. Karen Cartwright hear about the problems on the street, and Karen Cartwright is here to say that if we all work as a team to get this passed and work as a team to protect our children, we wouldn't have to worry about sexual predators, because we don't go to the courthouse, we don't go to the State Attorney's Office, we don't go to the US (United States) Attorney's Office, we don't go anywhere other than to mind other people's business. We should be about our business, and our children are our business, and ladies and gentlemen on that dais, the homeless has to have somewhere to go, and we have a right to protect our own. We also have the right to make laws to protect our own, but if we sit in our houses and think it's all nice and cozy and comfortable, and who doesn't want them here, and who doesn't want them there, we still have a problem, because we still have to address the fact that we created the monsters that we have because we don't make laws to protect us. Thank you. Vice Chairman Sanchez: Thank you. Sir. Lazaro Pina: Good morning. My name is Lazaro Pina; my sister, Maggie Falcon. Vice Chairman Sanchez: Could you state your address? Mr. Pina: 761 Northwest 21 st Sfreet. Elia Falcon: And 724 Northwest 21st Sfreet. We own two buildings. Mr. Pina: Two properties, one adjacent from each other. I'd just like to support -- I'm not even going to touch the business aspect of how much ramifications it would have, which would be immense, but what they've touched today about the personal issue with the children -- and just to collaborate and support what the previous gentleman said, if they would take advantage of the meals and just -- the bedding and everything will be fine, but we took pictures yesterday. Ms. Falcon: Yesterday. Mr. Pina: How the gentleman said how they loiter and linger out in the streets all day and the sidewalks. If you'd like, I'd be more than happy to leave this in passing with you, where you see them lying in cardboard boxes in the middle of the day. How can any children -- how can anyone pass and walk through there, right across from Camillus House, and not fear for their safety or their children safety? Ms. Falcon: Um -- Vice Chairman Sanchez: Name and address for the record, ma'am. Ms. Falcon: Um -- City ofMiami Page 39 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: I apologize, but makes -- Ms. Falcon: No, it's OK. Vice Chairman Sanchez: -- it easier for the Clerk. Ms. Falcon: Elia Falcon, Maggie, 724, 761 Northwest 21 st Street. We've been in business 24 years. My husband's father started the business. He took my husband under his wing and taught him the business. Now, a year later -- a year ago, my husband and I -- I run the office. My husband runs the business. We have 19 employees. We want to raise our kids. We want to raise our kids. We don't want to give it to any nanny or anything like that. We can afford it, but we don't want to do that. We want my child, my daughter, to have a father and a mother. We wake up at 5:45 in the morning, and we get home at 7 o'clock at night. We're successful, but we pay the price. We had a child. In my office, there is a nursery. In my office, there's a chair. In my office, there's a bed. We bring our baby to work everyday. She knows mom. She knows dad. She knows uncle. We do this because that's the right way of raising a child. You sacrifice for a child. You give them parents. You teach them what's right. You teach them how to get things the right way, and now this is what you're giving us. This is what I have to go to everyday with my daughter? Fifty-one predators within a mile radius of the new Camillus House, the existing Camillus House. Fifty-one predators. My baby, for God sake. Why did we give this community 24 years of sacrifice, 24 years of paying taxes, 24 years of permits, licenses? Everything that you requested, we did to be successful, to serve the City ofMiami. Metro -Dade, they -- we are vendors to them, and now that we have the family, we have the American Dream. We're working hard. We're raising our family together as a family. Now you're bringing this to us. How can we just stand back and say it's OK? My employees, most of them have been with us over 16 years. They bring their kids to us. They roam free. They have the reason to do that; we're a family. If they're having a problem, we're there for them, and now I'll have to turn around and say to my employees, "No. If your kid is sick, you can't bring him to our office. He can't be there, because you know what? I cannot be liable for what's laying in the street. "And my customers coming into my -- if that's what's going to dress my sidewalk, how can I obtain customers like Ryder, Budget? How can I tell them that I'm not -- that their trucks that are worth 30 to $100, 000 are going to be safe? A couple of years ago, we had crack houses. I'm sure you're aware of that. We, as citizens, patrolled the area. We, as citizens, helped the police to get rid of them. We have cleaned up our streets. Please, don't make us go back to what we went through before. We deserve better. We are citizens. We're taxpayers, for God sake; respect our needs. Vice Chairman Sanchez: Thank you, ma'am. Ms. Falcon: Thank you. Vice Chairman Sanchez: Ma'am, you're recognized. State your name, although we know who you are and where you live, but state it for the record. Rosa Green: Thank you, Commissioner. Rosa Green, 415 Northwest 6th Street, and I'm here on behalf of the homeless. I feel right now, no one, and I repeat, no one, in America should be homeless. With the billions of dollars that we extend to other countries, we have homeless people. I think there should be something -- some laws made to protect or enforce -- and I don't want to hear "They don't want to." That is not acceptable, "They don't want to, " because "don't want to, " a lot of people wouldn't get up and go to work, a lot of people wouldn't buy houses and pay taxes, and as I've said and stated many times before, even the people on welfare pay taxes, and the rich pay the same amount out of a dollar that we pay, but we who were brought over here -- and when I say "we, "I mean black people, and I also mean poor people, yellow people, green, or whatever color they are -- deserve to have the same opportunities as anyone else, and we need to get those people off the street. Yes, the young lady said she has a nursery, she has City ofMiami Page 40 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 this, and she has that, but my people, so many of them don't even have jobs. They don't know where they going to get the next meal from, and then some of them are working in this fast-food, making $7 an hour, and how can you support a family with those kind of wages? And I know what you're saying. "You had the opportunity. All the resources are here." Yes, they are, but some of us are so unaware of what is really here, and whose fault is that? We. We have met the enemy, and it is us. We are our worst enemy, and right now, right now there are people on the street with a lot of skills, but they are not being hired; coming out of college, or not being able to go to college because they haven't got the right education, and so where are we in America? Everybody's frying to get here, and I don't blame them. The resources are here. Richest country, probably, in the world; I don't know, butt know we are not taking care our valuable -- most valuable resource, which is the human beings. If people on the street can go to your house and build a porch or build a room, as was stated in the Herald not long ago, I know they can be working in some business or some of this consfruction, this booming consfruction that's going on all over Dade County, but not in the black community, which I live, in Overtown; I love it. I want to be there, and I deserve to be there, so I'm asking you right now, please, think of the poor people. We're the ones -- and I think, when the money come, it doesn't come to the rich. Why should you send money to the rich? If it comes to the poor, then that's where it should be utilized, and I thank you. Chairman Gonzalez: Thank you. Anyone else? Santiago Marrero: Good morning, Mr. Chairman. My name is Santiago Marrero. I have a business at 765 Northwest 20th Street. I've been in the area for 31 years, since I was a little kid. Got raised in Dunbar Elementary. I went to West Dunbar. I went to Phillis Wheatley. I went to Booker T., and actually, since seven years I've been in the area, I know the area completely, as most of you; I don't know if you know it, but if you look at the plans, since beginning, when Camillus House started downtown, we see the businesses around the area because this polluted people, and actually, I don't have nothing against them, but if you realize that, you know, they don't have nowhere to go, and they're lying in the street, and if they don't go at the right time to Camillus House, they lock the doors and they don't go in, first of all. Second of all, we see them landing on the street -- sleeping on the corners, under roofs, and those people -- actually, the business owners are those area there. You see the business coming down because most of the people do not want to go around the area, and if we see in the past, those businesses on the past, on the area of 2ndAvenue, off 8th Street, all the business had been destroyed completely, and actually, these big companies are coming to buy the properties and to build those huge building. I don't have against prosperity because I own, myself a business, but actually, I realize that these people -- these type of predators are coming to our areas. Right now, next to me, there's an empty space at -- next to Esther Cantina. That place there, there's a struck, and there's three people living -- Monday, two times. I'm not calling police no more because they come, do their report, and they leave. Like those people who are sleeping in the streets, they come in my business. They had come twice last Monday; they broke in, they took many things, and just for a piece of crack, crack cocaine. I know the system's trying to get whatever, but actually, right now the system sucks definitely. Excuse the word. Chairman Gonzalez: Your time is up. Mr. Marrero: OK. Chairman Gonzalez: Thank you. Mr. Marrero: Because I realize out there, there's a lot of people hanging around the street dealing drugs. If we prepare ourself -- Mr. Chairman, you -- we are responsible for what the (UNINTELLIGIBLE) going on, and I know, as a minister -- because I'm a pastor, and I deal with those cases almost everyday. I don't have nothing against helping Camillus House, but actually, we have to realize what are we bringing to our neighborhood. I'm a businessman. If we bring City ofMiami Page 41 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 this business -- that building to our premises, close the school. Believe me, ten years or fifteen years from now, the whole area will be destroyed. Thank you, Mr. Chairman. Chairman Gonzalez: Thank you. Thank you. Yes, sir. Grady Muhammad: Good morning, Mr. Chairman, Commissioners. Grady Muhammad, 2026 Northwest 3rdAvenue. Growing up in Overtown, where Lindsey Hopkins currently is, was West Dunbar, going to Dunbar, Robert E. Lee, and a graduate ofMiami Jackson Senior High, and watching this community grow. This issue has been going on for a very, very long time. Chairman Gonzalez: Twenty years -- Mr. Muhammad: Very long -- Chairman Gonzalez: -- to be exact. Mr. Muhammad: -- and now we, potentially, have an opportunity to solve a small piece of the project -- problem. I think -- I'm in favor of the project, first, and then secondly, we have to have a holistic and a comprehensive plan to deal with this, because if they're going to be inclusive of the bedding, you're going to have the necessary services that they going to need to be able to, not just to have the bedding. We're going to have to have some continuum of care, long-term care to be able to help those that are homeless to become formerly homeless; those that have drug problems, to be able to become former drug users, as well as to be able to try to get some mental training, some mental counseling, and then, likewise, job frainings and jobs to make them productive members of society. It just cannot be housing of the homeless. It has to be a holistic approach and a continuum of care, and if we can do that with this project, as well they've done with Somerville and other projects that Camillus House have done, as well as to be able to take potentially some of those dollars, by moving Camillus House from its current location to be able to allow some of the other development that was promised with the Miami Arena 20 years ago, and if we can take some of those dollars to be able to provide for that continuum of care, we can then start to solving the problem piecemeal, but if we just do the housing and the housing only, we're not going to be able to solve this problem. All we're doing is moving it from current location to another neighborhood, and we're going to exactly bring that problem that's currently there onto these other business and these homeowners. You've always, Commissioner -- Chairman Gonzalez, you've always talked about it in Allapattah, and you don't want it there. Not because it's there. You don't want -- just to bring those problems. We have to deal with it from a holistic point of view, and I would hope the Commissioners approve this, but likewise, put some conditions -- Chairman Gonzalez: Thank you. Mr. Muhammad: -- on it. Thank you all. Chairman Gonzalez: Thank you. There is a lot of -- there are a lot of conditions imposed on them. Yes, sir. Fernandez Nunez (as franslated by Rene Ramos, official Spanish interpreter): Fernando Nunez, 755 Northwest -- Chairman Gonzalez: Twentieth Street. Mr. Nunez (as franslated by Mr. Ramos, official Spanish interpreter): -- 20th Street. I'm a homeowner and owner of the property, 25 years in the area. Little by little, building up my business to get to where I am. My case, frying to build up my business, making investments in propaganda, in Miami Beach, Key Biscayne, different areas, I got a lot of clients to better my City ofMiami Page 42 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 income. Unfortunately, I find this -- there's homeless people. I'm a human being, so -- but that drives away my clientele. I don't want to add -- I want to say exactly that it's them, but in the last few years, I've been a victim of larceny inside of my shop; I report it to the police. Not only my case, but there's several neighbors that had been going through the same thing. That affects me a lot. I ask myself if Camillus House is there where it's at right now, we have this problem. What would happen if they were one, two blocks away? I would have to -- I want to make clear that I'm not against the homeless or the people that are in Camillus House, but to accept a recommendation from a police officer -- I don't want to say his name -- but the man told me -- gave me -- he told me that I should arm myself get myself a gun. Chairman Gonzalez: His time is up. Mr. Nunez (as translated by Mr. Ramos, official Spanish interpreter): That would be a solution for me, but that would put me in a critical situation, where I would have to shoot somebody. That's all I want to say. Vice Chairman Sanchez: (Comments in Spanish). Canlelario Rodriguez (as translated by Rene Ramos, official Spanish interpreter): I'm Canlelario Rodriguez, 727 Northwest 20th Street. Been thirty -some odd years in the area, and I also have that problem. Anything that you leave outside or unattended, it disappears. I agree that those people should be protected, but they should find another area that wouldn't -- right, that wouldn't hurt the merchants or the business owner. That's all. Vice Chairman Sanchez: (Comments in Spanish). Mariano Cruz. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. Vice Chairman Sanchez: (Comments in Spanish). Mr. Cruz: I've been 40 years in the neighborhood. I live there. I don't have a business there, or got to hotel, or anything. I live there, and I drive the street and everything, and like I say, like I (UNINTELLIGIBLE) before -- Lindsey used to be West Dunbar there because my children went to West Dunbar, so I know that neighborhood. The only thing I am asking the Commission to grant the exception because it's needed. It's going to do something different, and I've been -- for more than 20 years, I've been fighting Camillus House. I never saw any of these people there, never, never fighting; 19 and North Miami, 12 and 20, the CRA (Community Redevelopment Agency), all different places. We fought for 20 more year -- now they going to change, and don't tell that we don't have home -- we have plenty of homeless in our neighborhood, because you go to Beckham Hall, 2735 loth Avenue, the County; Better Way; you got New Horizon; you got different thing, and people are there, but they are taking care the right way, and that's the way it's going to be now with the new Camillus House, because that's -- those are the plans. It's not going to be the Camillus House in downtown. Not anymore, no. It's going to be a different thing because we -- I told them, the day you come to me with a plan, like the rescue mission of Salvation Army, I am with you a hundred percent, and that's the way it's going to be, because you go to Salvation Army, you don't see anybody outside there. You go the same thing with rescue mission, same thing; nothing happen, and that's the way it's going to be, so that's what I asking you. I, that was opposed for many years -- that filled this hall here with people, not just 10 or 20 people, no; fill the hall the last time in 2002 -- June 24, 2002, with the CRA meeting, we came here, and we stop Camillus House that day. Mr. -- they call him Dale Simpson and all that, but now it's different. Now people -- I mean, we talk to each other. It was not that way, "Oh, we're going to do this," and that's not the way. Now it's, "Let's do this together" -- Vice Chairman Sanchez: Thank you. City ofMiami Page 43 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Mr. Cruz: -- and that's the way. Thank you. Vice Chairman Sanchez: Sir, would you like to speak on the issue? Please step forward, state your name and address for the record. Commissioner Spence -Jones: You forgot him. Vice Chairman Sanchez: I certainly don't want -- I apologize. Unidentified Speaker: I'm sorry. Unidentified Speaker: No, it's OK. Vice Chairman Sanchez: I don't want to deny anybody the opportunity to speak on this item, trust me, but you do have two minutes. Wali Muhommad: Wali Muhommad, 1000 Northwest 1st Avenue. I just want to make a statement to all the leadership here in Miami. That's all I want to do. I want to say that the -- this is a collective life that we're living here in Miami, and the benefits should be split up among all the ethnic groups equally; I don't care how big they is; I don't care how small they is, and I'm going to say this, that the budget do not show that Black Americans are getting their fair share, and this is causing homeless and a lot of hardships to us because we are not getting our fair share, but we steady putting in, and this is what I'm asking y'all to consider when you start coming down on -- too hard on the homeless. Vice Chairman Sanchez: Thank you, sir. David Marin: I just wanted to add that -- Vice Chairman Sanchez: Name and address for the record. Mr. Marin: David Marin, 2108 Northwest 7th Avenue. I just want to add -- I'm 34 years old. I've been in the neighborhood for 32 of my 34 years. I just wanted to add that it's not that we're against Camillus House or nothing like that. It's just that, if you look at the record and look at -- just go through the phone book -- and you know because you guys give money for all the programs. Every time there is a homeless, a program; every time there is a drug program, every time there is a halfway house, where do they put it? In Allapattah or in Overtown. Beckham Hall -- you have Beckham Hall. You have Better Way ofAmerica. You have Camillus House right behind -- on 21 st Street and 8th Avenue. You have -- every program in the book is in Overtown or Allapattah. Everybody thinks of something. OK, let's go and dump it in Overtown because the residents from Overtown are not going to protest, or Allapattah doesn't care, whatever; just throw it in there. I just want to say that think about it very well because Commissioner Angel Gonzalez knows that. This neighborhood has come a long, long, long way. I've done it for two generations already. Look how good 20th Street has become because all of the business owners have struggled and has paid the price; have been there numerous hours trying to combat crime and sweeping away the homeless, and now, again, the first thing they think of "OK, let's go dump it again in Allapattah." That's all I have to add. Thank you very much. Vice Chairman Sanchez: All right. Thank you. Is that it fi^om the public? So at this time, the public hearing is closed, and sir, you have -- let's give you five minutes, maybe -- Mr. Echemendia: What I'd like -- Vice Chairman Sanchez: -- seven for rebuttal. City ofMiami Page 44 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Mr. Echemendia: Yes. What I'd like to do is, we've been chatting with these folks, at least the main fellow who spoke the other day, and collaborating with your outreach program, and I'd like to have Dr. Ahr come up to the podium and tell you how we're going to address the loitering, vis-a-vis, additional security that he's committed to hiring to address this particular perimeter, including up to 20th Street. Vice Chairman Sanchez: All right. Chairman Gonzalez: But want to ask you a question, because on the proposed plan that you presented to the Commission, there was a zero tolerance zone, right? Vice Chairman Sanchez: Zero -- Mr. Echemendia: That is correct. Vice Chairman Sanchez: -- tolerance. Mr. Echemendia: That is correct. Chairman Gonzalez: Zero tolerance. Vice Chairman Sanchez: Zero. Chairman Gonzalez: Right. Mr. Echemendia: That is correct. Chairman Gonzalez: Also, on your proposed plan, there were `X" amount of bed. I can't remember exactly if it were 50 or 75 beds. I think there were 50 beds that were going to be available to the City ofMiami and, specifically, to the area where the -- where your location was going to be, so there -- if there was -- were any homeless in the Allapattah area, or as a matter of fact, in Overtown, which is a boundary of this site, we wanted to make sure that there was no reason why a homeless would be on the street because we would have had the available bed for that homeless, is that -- Mr. Echemendia: That's correct. Chairman Gonzalez: -- a part of --? Mr. Echemendia: Mr. Chair. I believe that's the 48 emergency overnight beds that -- Chairman Gonzalez: Exactly. Mr. Echemendia: -- will be provided to the City ofMiami Homeless Outreach Program, but let me have Dr. Ahr amplify on that for a little bit. Vice Chairman Sanchez: All right. Also, have you been able to provide them with the agreement on the conditions in the Letter of the Intent [sic]? Do they have a copy of that? Mr. Echemendia: Because it's a special exception, it's simply going to be conditions attached to the resolution that you passed, so the -- OK. Dr. Paul Ahr: Good morning. Dr. Paul Ahr, president of Camillus House, doing business at 336 Northwest 5th. Commissioner, first of all, the conditions that we have agreed to heretofore City ofMiami Page 45 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 have specifically stated no loitering, drug free zone; our facilities currently are drug free. If you come by the current Camillus House there, you'll see that it is -- been -- being rehabilitated. There's exterior lights. We're getting ready to install security cameras. It's all dug up today because we're in the process of converting our parking lot into a small plaza area so that the people who have historically frequented the street outside will be invited to come in. The new facility will have a plaza area so that anyone who wants to stay outside can stay outside, but within the perimeter of our building. In addition to that, we met previously with Karen Cartwright and her group, and had promised to them, which are over and above the conditions - - although I'd be happy to condition them -- three things. One is is that, at our own expense, we would provide perimeter security, whose job it would be to essentially try to move along any loiterers, because we've agreed to no loitering, and if the people that are loitering are not responsive, then to notify the Homeless Assistance program, and ultimately, the Miami Police Department because loitering is not what we want. The second thing that we have offered is that we have offered job training in our GED (General Education Diploma) program to anybody in the neighborhood that desires that, and thirdly, that the first priority for new jobs at Camillus House will be for individuals who live in our neighborhood. There's a very selfish request. Oftentimes, people have trouble with the transportation, and we want folks that basically can walk to work so that doesn't become a barrier, and we have said that we will provide in-service training to individuals who've just missed the employment criteria so that they can come to work for us. Of course, we have the other conditions, which are known as the HAC (Homeless Assistance Center) conditions; trash receptacles, and other conditions like that, so please, don't imagine that the new Camillus operation is going to be like the old one. I think everybody here knows. I find those conditions unacceptable, and have spent two years to get drug dealers off the street and get the people inside our perimeter. Vice Chairman Sanchez: All right. Any questions? Chairman Gonzalez: It's their time. Vice Chairman Sanchez: Well, the public hearing is closed, sir. We closed the public hearing. He has rebuttal. He's entitled to rebuttal under the process. Unidentified Speaker: We all got the right to -- Unidentified Speaker: We have a question. Vice Chairman Sanchez: No, you don't, not under this process. Unidentified Speaker: -- you know, to speak and to ask questions, don't we? All the people -- Unidentified Speaker: You said if there was any questions -- Unidentified Speaker: That's right. Commissioner Spence -Jones: Mr. City Attorney. Vice Chairman Sanchez: Public hearing is closed, right? They can't -- in other words, they don't have representation. Jorge L. Fernandez (City Attorney): Sorry. I apologize. Yes. Vice Chairman Sanchez: It's -- they're under -- Commissioner Spence -Jones: Do they have the opportunity, if they don't have representation, to rebut against what --? City ofMiami Page 46 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: Public hearing is closed. Mr. Fernandez: No, they don't. This is a quasi-judicial proceeding, so if there is any questions that they have, through the Chair, they could ask the question, and have the applicant respond to that question, but it's not a free-for-all rebuttal of statements. It's informational and questions, and that, by the way, even if they had representation, that's what they would be limited to, to make inquiries, and in essence, to cross-examine the validity of the testimony that's being adduced, not argumentative. Vice Chairman Sanchez: Right. Well, as the Chair, I will allow you to ask questions through the Chair, so who's going to speak on --? Not everybody. You are. Mr. Marrero: As I recall, how can they guarantee us business, the business owners in the area, that there is not going to be no people around the street? Vice Chairman Sanchez: That's a good question. Mr. Marrero: Second question. Vice Chairman Sanchez: Well, hold on. Let's go one at a time, OK -- Mr. Marrero: OK. Sorry. Thank you. Vice Chairman Sanchez: -- so you -- answer properly. The gentleman has asked how are you going to guarantee that they're not going to have loitering in front of their business, which I consider to be a very intelligent question. Dr. Ahr: Paul Ahr, 336 Northwest 5th. The ultimate control is actually through law enforcement. We have no authority to do anything, other than to notice -- notify the Homeless Assistance program and the Police. We have to understand that this -- that loitering, we understand, is an issue for these individuals, and that would have to be matter addressed by the Police Department. We have no authority to pick folks up. I would say that the advantage that we'll have in the new location over the current location is that we will have two courtyards inside, to which we hope that people are directed, if they want to stay out of doors and not come into a building, and these services will be available to them there. Vice Chairman Sanchez: I thought I heard you say that one of the -- Mr. Marrero: (UNINTELLIGIBLE). Vice Chairman Sanchez: -- conditions that you're proffering today is that you would have -- Mr. Marrero: Right. Vice Chairman Sanchez: -- security roaming around making sure people didn't loiter outside. Dr. Ahr: No. I said that we would have security, at our own expense, who would basically try to, you know, move loiterers along, but that security, if they were not successful, would then have to rely on the offices of the City, either the Homeless Assistance program or the Police, because our security people wouldn't have the ability to arrest -- Vice Chairman Sanchez: I understand that. Dr. Ahr: -- anybody. City ofMiami Page 47 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: I understand, but you will have security there, like on golf carts and -- Dr. Ahr: Right, right. Vice Chairman Sanchez: -- moving along, making -- Mr. Marrero: Excuse me. Vice Chairman Sanchez: -- sure people don't congregate? Dr. Ahr: Right, and we've offered -- after the testimony that came up the other day, when our meetings with Ms. Cartwright, we -- Vice Chairman Sanchez: Sir -- Dr. Ahr: -- basically suggested -- Vice Chairman Sanchez: -- one person. Dr. Ahr: -- that we would go from 17th -- Vice Chairman Sanchez: No. Dr. Ahr: -- to 15th -- Vice Chairman Sanchez: He's going to ask -- Dr. Ahr: -- and we're prepared to go -- Vice Chairman Sanchez: -- all the questions through the Chair. Dr. Ahr: -- from the east side of 95 on 20th -- Vice Chairman Sanchez: This isn't a free-for-all, sir. One person, and I'm -- I could deny it, but I want to give you all the opportunity, but you know, he has selected to come up. You could ask him the question. You could do it through the Chair, and he'll answer the questions. One person. Mr. Marrero: Mr. Chair, he said that they went through the perimeters checking the area yesterday. Joe here, he went by and took some pictures of the people sleeping in the areas. He's -- he recalled that they have cleaned the area, which, till yesterday -- Mr. Fernandez: Mr. Chairman. Vice Chairman Sanchez: Whoa, whoa, whoa, whoa. Mr. Fernandez: That is by way of a comment. Clearly, the gentleman and everyone in the audience has been told that limit yourself to asking questions of the testimony that they have adduced. Don't (UNINTELLIGIBLE) -- Mr. Marrero: (UNINTELLIGIBLE), Mr. Chairman. Vice Chairman Sanchez: Well, he's absolutely right. I mean, you're talking about the old facility. Focus on what has been presented. I mean, to be honest with you, this has been going City ofMiami Page 48 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 on for 20 years. I've -- Mr. Marrero: I do understand. Vice Chairman Sanchez: -- been on the Commission for -- Mr. Marrero: I know the area. Vice Chairman Sanchez: -- seven years. This has been an ongoing battle for seven years. God knows how many debates. God knows how many meetings that we've come to these conditions, and let me tell you, it hasn't been easy for none of us here to come to these -- Mr. Marrero: I do understand. Vice Chairman Sanchez: -- conditions, and then you show up at the last minute of a wedding and want to basically -- Mr. Marrero: Actually, I have never -- Vice Chairman Sanchez: -- stop the wedding. Mr. Marrero: -- the gentleman here, he went by my shop and told me what was going on. I have never -- I -- actually, as I will tell you before and the Chair, I'm a pastor. I'm a -- I have a very busy schedule. I'm a homeowner. I have a business, and actually, my schedule, I hardly see TV (television) -- Vice Chairman Sanchez: OK. Mr. Marrero: -- OK. As I recall, I asked you to forgive me because I couldn't -- Vice Chairman Sanchez: Look -- Mr. Marrero: -- if it wasn't for him -- Vice Chairman Sanchez: Fine. Mr. Marrero: -- I would have never known what's going on. Vice Chairman Sanchez: OK. You're here. Is there other questions that you want to ask through the Chair? Mr. Marrero: The question is about -- Mr. Walker: Excuse me. The question is about the Florida Statute. How -- what does the City Attorney -- what's the position of the City about the Florida State Statute 893 establishing the drug free zone around --? Chairman Gonzalez: Mr. City Attorney, is there a violation on any Florida statutes on this proposal? Mr. Echemendia: Mr. Chair, ifI may. Vice Chairman Sanchez: You could address that, while he looks it up. Mr. Echemendia: We don't violate it because we are drug free, so that's -- that -- from our City ofMiami Page 49 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 standpoint -- Unidentified Speaker: No. Mr. Walker: No. Mr. Echemendia: -- there isn't a violation of the statute. Mr. Walker: Excuse me. Mr. Fernandez: Mr. Chairman, we have not been asked that question before, and to research the statutes would take some time. However, I think it is prudent for this Commission to rely on the representations made by applicant's attorney, because I'm sure that this is an issue that they must have dealt with, and I tell you that on the good faith and on the professional qualifications that they have, if they represent to you that the provisions of Florida statutes dealing with drug free areas or spaces is not violated by them, that that would be something that you could rely on. Unidentified Speaker: Miami Herald -- Vice Chairman Sanchez: Sir. Mr. Walker: Camillus House president, Paul Ahr, acknowledge that in the days before his arrival, last year drug dealers operated from the facilities with impunity. Now, obviously, up to last year, it was inside the facilities. Now -- Vice Chairman Sanchez: Sir. Mr. Walker: -- if you move them out of the facilities, you're going to put them -- Vice Chairman Sanchez: Sir. Mr. Walker: -- underneath the overpass. Vice Chairman Sanchez: This process is complicated, but I could tell you that that is irrelevant in this -- Mr. Fernandez: Correct. Vice Chairman Sanchez: -- what you're saying here, OK? Mr. Fernandez: Correct. Vice Chairman Sanchez: It is irrelevant. Mr. City Attorney, correct me if I'm wrong. Mr. Fernandez: Correct. No, you're right. You have addressed the issue correctly. Vice Chairman Sanchez: You know, this is a quasi judicial. I mean, you need to understand what you're basically doing here, and we act as judges, and you make a case, OK. He's the appellant on the case. You have the right -- first of all, you don't have an attorney, but you're representing yourself so -- Mr. Marrero: Right. Vice Chairman Sanchez: -- we offer you that opportunity, and you could do it through the Chair City ofMiami Page 50 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 as asking questions, but you got to ask specific questions pertaining on the merits of the decision being made here today, not that there was a drug dealer a couple of years ago in the place, or you know -- now, what are the issues now that you want to talk about, that you want to bring forth, or questions you may have? Mr. Fernandez: And, again, to the extent that this use for which the specific exception is being applied is really not yet in existence. This is all perspective and out of the scope of your consideration in this application. Vice Chairman Sanchez: All right, so are -- any other questions you may want to ask, and he'll answer it. Mr. Marrero: Yes. It's the -- question I asked about, what is the guarantee as business owners around the area in which they're not going to do? He said that -- he didn't answer question. Mr. Fernandez: Again, Mr. Chairman, the question has been asked -- Vice Chairman Sanchez: OK. Mr. Fernandez: -- and the applicant has given a response. It may not be the response that he would have liked to have heard, but I advise you that the subject matter of that question has been addressed, perhaps not to his satisfaction. Mr. Marrero: I'm sorry. I did not hear an answer from his points. Mr. Fernandez: It was addressed by the doctor who stood up and explained -- Chairman Gonzalez: Maybe I can answer your question. Mr. Marrero: OK. Go ahead. Chairman Gonzalez: I don't know if you were listening when I was asking some questions myself and I asked the question, is there zero tolerance area around Camillus House. You hear that? Mr. Marrero: I heard that. Chairman Gonzalez: And the answer was yes, because it was one of the conditions that we impose on Camillus House when they came with their plan. Under that condition, I believe it is a mile and a half around the center, there cannot be any homeless loitering around the area. If there are any homeless -- Vice Chairman Sanchez: They violate that condition. Chairman Gonzalez: -- they will call the police -- Mr. Marrero: OK. Chairman Gonzalez: -- and the police will go to the homeless, offer them the shelter, and if they refuse to go to the shelter, they will go to jail. Mr. Marrero: So, actually, we got to deal with the Police Department until the case (UNINTELLIGIBLE) right now (UNINTELLIGIBLE) last Monday, because you know, it's predators there. They left -- they didn't leave the scene -- the police left and they left predators in the area there. City ofMiami Page 51 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Commissioner Spence -Jones: Mr. Chairman, I -- Vice Chairman Sanchez: All right. We got to gain some control here. Unidentified Speaker: Yeah. Vice Chairman Sanchez: Hold on. Commissioner Spence -Jones: OK. Vice Chairman Sanchez: If you would allow me just to gain some control before -- OK. The conditions, there have been a lot of conditions placed on -- Mr. Marrero: OK. Vice Chairman Sanchez: -- Camillus House. Are you aware of those conditions? Mr. Marrero: Well, actually, I have not. Just like I was saying, I -- Commissioner Spence -Jones: They haven't been briefed. Mr. Marrero: -- spoke to the gentleman there, and this is why I'm here. Commissioner Spence -Jones: They haven't been briefed. I do -- I have a lot of comments, but I'm trying to, Mr. Chairman, allow for people to speak, and I don't know, Mr. City Attorney, what is -- I mean -- Mr. Fernandez: Well -- Commissioner Spence -Jones: -- we cannot really engage until they complete their public hearing, correct? That's the reason I've been quiet, because at the end of the day, it's my district. Mr. Fernandez: Well, the -- that's right. The item needs to come to the Commission for Commissioner to debate and discuss after the public has had an opportunity for their input. The public has already had their input. The Chairman has allowed some questions to be asked. Again, only questions. No debate. No statements. If the questions have concluded, then the Commission may take this issue to yourself for you to debate amongst yourselves. Vice Chairman Sanchez: All right. I've -- I think -- I feel I have acted in good faith, giving them the opportunity to ask all the questions. Are there any other more questions you may want to ask? Mr. Marrero: No. That's all. Vice Chairman Sanchez: That's it? Mr. Marrero: Thank you very much. Vice Chairman Sanchez: So the public hearing is closed. That's it. You cannot speak anymore. You have time for rebuttal. If you give up your time for rebuttal, then it comes to the Commission, and we'll decide on the item. Mr. Echemendia: Yes. Mr. Chairman, I think we gave our rebuttal. It was directed towards the concern, and that is that we're hiring extra security. We're going to be collaborating with the City ofMiami Page 52 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Police Department so that if -- to the extent our security can't enforce their own loitering ordinance, we would then alert the security, collaborate with them so that the police can then come out and remove these individuals. We believe that there's competent substantial evidence in the record to support the application and garner your approval. We've been working on this. I know I've personally been working on it for seven years, and Camillus House has been working on it for 22. We thank the Mayor and the Chair for their foresight in the goal of this application, which is to resolve the homeless issue in Miami -Dade County, and would urge you to approve the application. Remember, this isn't only Camillus House. This is also a -- the University of Miami biomedical research facility that is going to hire a thousand employees immediately abutting this particular facility between 17th and 20th, so this facility -- there are some folks who came out in opposition thought that Camillus House, because of the address, was going to be abutting 20th Street. It is not. It is between 15th and 17th, so with that, we thank you, and we urge you to approve this application. It's been long, long coming. Vice Chairman Sanchez: All right. Dr. Ahr: Thank you very much, Mr. Chair. Vice Chairman Sanchez: The item is in front of the Commission. It is open for discussion. First, let's get a motion and a second on the item; we'll discuss it, and we could either vote it up or down. Is there a motion to approve PZ.3? Commissioner Spence -Jones: Before I do that, I would like to have a discussion. Vice Chairman Sanchez: Usually, you have a motion and a second, and then you open it up for discussion, or a motion to deny it, second, and discussion. Commissioner Haskins: I'll make the motion so we can get to that point. Vice Chairman Sanchez: All right. There's a motion. Is there -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- a second for the purpose of discussion? Commissioner Regalado: Second. Vice Chairman Sanchez: For the record, there's a second by Commissioner Regalado. For the purpose -- Commissioner Spence -Jones: OK. Vice Chairman Sanchez: -- of discussion, Commissioner Spence -Jones, you're -- Commissioner Spence -Jones: First of all -- Commissioner Spence -Jones: -- recognized. Commissioner Spence -Jones: -- for that reason, I want to make my -- and I -- first -- Mr. City Attorney, ifI -- I can rescind that motion, correct? Mr. Fernandez: You can do what? Commissioner Spence -Jones: Rescind the mo -- rescind -- City ofMiami Page 53 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Mr. Fernandez: No, no. You're not the maker. Only the maker of the motion can take it back. Unidentified Speaker: Rescind the motion? Vice Chairman Sanchez: You can vote against the item. Mr. Fernandez: You can vote against the motion. Commissioner Spence -Jones: But that's the reason why I wanted to make a comment first, before the motion was passed. Mr. Fernandez: But the Chairman is imminently correct; no item may be discussed without a motion being on the floor to be properly discussed. Commissioner Spence -Jones: I learned a very valuable lesson today, didn't I? OK I have a quick -- just -- I wanted to at least bring a point up. I think it's really important. First of all, it is my disfrict. At the end of the day, my disfrict and the residents will be affected by this, bottom line, and somehow that was not considered at all, and I did ask, OK, so I just want to make sure I put that on the record, OK. First of all, I had some key questions that I want to gain better understanding on. The number of people that actually came today to present, how many of those people, by a show of hands, actually live in Overtown? Live in Overtown. OK. Mr. Echemendia: Two in support, two against. Commissioner Spence -Jones: OK. How many of these people that are here actually work in Overtown? OK, these are the people that have the businesses, right? Chairman Gonzalez: In Overtown or in Allapattah? You're located in Overtown or in Allapattah? Unidentified Speaker: Allapattah guys. Unidentified Speaker: He says his company is Allapattah. Chairman Gonzalez: Pardon me? Unidentified Speaker: Seventh Avenue -- Overtown divides -- 7th Avenue divides Overtown from Allapattah. Commissioner Spence -Jones: OK. Unidentified Speaker: All right. Commissioner Spence -Jones: I'm just frying to -- I'm frying to gain who -- Chairman Gonzalez: Yeah, but you're -- Commissioner Spence -Jones: -- because -- Chairman Gonzalez: -- I'm sorry. Commissioner Spence -Jones: OK. Chairman Gonzalez: You're west of 7th Avenue, right? Unidentified Speaker: Right, on 7th Avenue. City ofMiami Page 54 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Chairman Gonzalez: So you are in Allapattah. Unidentified Speaker: (UNINTELLIGIBLE). Chairman Gonzalez: All right. Commissioner Spence -Jones: OK. How many people that have businesses, that actually said that they work in Overtown, have actually hired the people that live in Overtown? OK All right. My point in that is sometimes we get so caught up in not really understanding who's going to be really affected by the overall issue. I can tell you, just because I live and eat and breathe my disfrict, that this issue of homelessness is a true issue. It's a big issue, and it is definitely coupled with the issue of drugs. I can tell you, almost every other day when I ride by my parks in my disfrict in Overtown that there is a serious issue with drugs and needles in our current parks that are there now, and all those folks that raise they hands know that this is a constant complaint that we have, you know, in the Gibson Park area, in the Williams Park area, that we having -- we doing a clean-up this weekend. We have needles all over the place. Our kids that even just -- that are going to be -- the 200 kids that are coming out to even clean up, we have to now advise them on certain things to pick up and not pick up, and guess what? The Camillus House is not even within that particular location, but the drugs will have or the affects of it will have a spill- over effect, I don't care how we look at it. On that particular -- sir, you've already had your opportunity to speak, and I allowed for everybody to speak without saying anything because it was my disfrict. The reality of the situation is, no matter how we look at it, no matter how we look at it, this is going to have an effect on the residents and the businesses of Overtown. That's not going to change, OK, and I think that it's important for us to at least acknowledge that, to not pretend that it does not exist because it's true. It's going -- even if they come to the compound or to the area and they stay in that area and you confine that in that particular -- you're right, it's next to -- the barrier is the expressway. It's going to do all of that, but the reality is it will have an effect. The first part of this is acknowledging that it's the truth, OK, and I think that that's what the people really wanted to kind of somewhat hear that did not really come out in this discussion. Now, I think that Brother Grady Muhammad said earlier, that, yes, you know, the long-term issue, however, is we have to address the homelessness issue, and I'm speaking to those folks that really came out against this item. Now, I very seldom don't -- I really don't forget faces. I remember, when I was campaigning, I knocked on this man's door, Mr. Walker, and he had me at his door for almost an hour and a half talking about this homelessness issue, and what was I going to do. I know you don't remember -- I know you don't think I remember that, but did remember that, and I agree with you, that it is an issue. One of the things that tried to do, being in office over the last six or seven months, is not to ignore it, though. That was the reason why we formed partnerships with homeless -based agencies, like the Lotus House for women in the area, like Somerville for, you know, women and families in the area, because we cannot ignore this issue. You passed around these pictures. Most of those people on those pictures are African American. They're people that look just like me and the people that live in Overtown. How could I -- how could anybody ignore that that is an issue? But the reality of the situation is they got to go somewhere. Something has to happen, period. We have to be able to take care of those people that are vets that we talked about earlier, that cannot afford to live in certain housing. You know, with this serious housing issue that we have across -- really across the County, we're going to have more people living on the sfreets because they're not going to be able to afford the rents anyway. That's the reality, so to me -- but want to say this, I'm a strong supporter of Camillus House because they do great work, and I want to continue to support them supporting people getting off the sfreets, and us going against that is not going to help the current situation, so I wanted to at least be able to acknowledge on both ends. I have a responsibility, not only to my residents that live there, because they got to go through this every single day, OK. That's the reality. They got to go through it. They got to live it every single -- every day. My business owners that decided to be there ten, fifteen, twenty years ago when nobody else wanted City ofMiami Page 55 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 to be there, they stuck in and made sure for the little, small people -- and I know Chairman understand this. That's what I love about him, is that he supports the small people, you know, and I appreciate that, but the reality is we are at a place now that we got to do something and we have to address the issue. I asked, in the first meeting we had, that we added the two additional things to agreement -- to the agreement, and I appreciate the adjustments being made, butt want these people that came out to speak about this item -- because I think you have to educate people so they understand what the changes are. The first one, which I think is really, really important, was making sure that there was some sort of community advisory board. Unfortunately, this has not happened before. Now, I'm going to make -- I want to say today for the -- on the record that we make sure that it's not just a community advisory board that Camillus House creates, but it's an official City community advisory board that will at least assist by having members of the -- business owners and residents and members of the organization on that board to address these issues, because the reality is, even after I'm gone, when this project is up and running, the people that living in those areas are still going to be affected by it. I want to make sure, Mr. City Attorney, that through the help and support of the Camillus House, that we create a ser -- a City -acknowledged advisory board on this issue to make sure everything that goes into this agreement and this understanding is abided by, and I think that's important because a lot of times we say we're going to do things and there's no check points on making sure that they happen, so I'd like to make sure that that amendment, somehow, as a special condition is added to it so that it becomes an official board so that the residents have a place to vent their frustrations when it takes place. The last issue, I think that as we begin to move ahead with making the project take place or moving ahead in that direction, we have to make sure that all of the necessary outreach happens before the project gets there, because you only have maybe seven people here in this room from Overtown that may have said they are against the project that actually live there, but the reality is, there are 7,000 more that still don't know the project is coming -- Unidentified Speaker: That's right. Commissioner Spence -Jones: -- so I have a responsibility to those residents because those are the people that I serve, so I want to make sure that the Camillus House begins -- immediately, to begin educating people that this is coming, because if not, we'll be hearing complaints, from a City Commission standpoint, from now until whenever, until the building is done, and in closing - - I know I said in closing. I just want to just recap real fast on this. I think that it's important -- and Mr. Muhammad said this earlier, but it want to make sure it is actually on the record today - - I think it's important to produce a plan or the Camillus House to work on producing a transition plan for people coming in the homeless shelter and leaving, and I've had this conversation over and over with the Camillus House, and I know Commissioner Regalado is a big avid supporter of this issue of homelessness, but we need to make sure that we have a very tight plan with transitioning people out from the homeless shelter to -- back into society, and it has to be something that the community residents understand. That's the number -- that's one thing. Number two is you mentioned the issue about a real -- a plan for security. Personally, I feel as though that issue was a little weak, and to say that we're going to have a golf cart -- and I know we were frying to make sure that they understood that -- you know, out there patrolling the area, I think that we need to make sure that overall plan includes real security or real presence, or if it's City ofMiami or whoever it is, it needs to be real security presence. I want to make sure that that's a part of this plan, OK? And then last, but not least -- and I thought last, but not least, but -- is the biomedical commitment. Mr. City Attorney, I've asked for the last week or so to get this so-called agreement that the University ofMiami has for the residents of Overtown to make sure that they benefit from this -- these changes that we're making, and I still haven't received it yet, so I would also request -- because I want to make sure -- we've made all these necessary adjustments to benefit making this project happen, butt want to make sure that commitment from University ofMiami is still standing for the residents in the Overtown area to make sure that they do what they promised, not just to get the project passed, but to make sure the people actually benefit on it, and as a mother, I can just tell you -- and I heard you comments, and Linda and I City ofMiami Page 56 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 are women on the dais. Personally, to hear that there's 51 predators that are attached to possible homeless issues, you know, to me, sends great fear, knowing that I have Williams Park, Gibson Park, Booker T., Dunbar, Douglas Elementary, all within that vicinity. Let's not be fooled. Unidentified Speaker: That's right. Commissioner Spence -Jones: They cannot control people that are behind that -- their facility, people coming and going from that facility, and we have our children -- I'm going to say my children of my district that will be affected by this, so all I'm asking is that if there's any way, from a predator standpoint, that we can look at -- and I don't know if there's a way to do it -- to identify those folks as they come in the Camillus House as individuals that may need to be in -- maybe a different space that you have. I think you have one down south or somewhere else, but to have it so close to so many schools and so many parks, I think that the concerns are legitimate concerns. As a parent, as a mom, it's a legitimate concern, so I would ask that the Camillus House please, please look at their policy on addressing this issue, especially since there are going to be so many schools and there are so many parks surrounding this facility now that kids will be affected by it, and that's all that I ask. I was going to support the item, and I want -- I just wanted my constituents and my business owners to know that I am working hard to make sure that we just don't get anything that they give us, but homeless people need a chance, too. They need a second chance, too, and we're all one step away, some of us, from being homeless ourselves, so we have to find a way to support them, and I think Camillus has been doing an outstanding job, butt wouldn't be a good public servant ifI didn't tell you the truth, so that's all I needed to say, and I support Camillus House one hundred percent. Mr. Echemendia: Thank you. Vice Chairman Sanchez: Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you very much, Mr. Chairman. Well, after that eloquent presentation, it's little that I can say, butt really support Michelle's proposal of creating a board of residents and business owners because that would help the City and that would help Camillus House to do the right thing all the time. I think that this should be and is a must condition, but other than two testimonies that -- one of them from the gentleman that came very well-informed about the statutes regarding children and sexual predators and drugs, and the lady that so intelligent and passionate spoke about her work, her business, her family, and her children. All of the other testimony is about crime now, and there is no Camillus House there. The homeless, the people stealing, loitering, you know, theft, drugs is there now, and if we were not to approve Camillus House, it still be there. This is a issue that has to be addressed by the City. It's a City responsibility, whether or not Camillus House is there. These residents, these business owners do deserve the full attention of the City, and I just wanted to understand their complaints regarding the possible site of Camillus House, but their complaints to me were about what is going on now in that area and they should be addressed and should have been addressed by the City. On the issue of the children, I think we have somebody who is a champion of the cause of children, and that would be a watchdog of the needs and the rights of the children, and it is Commissioner Michelle Spence -Jones. She have proven, in the little time that she has been here, that she does care for the children, not in your area or with that comments, but what we have seen in the past in other areas, very far, mind you, from where Camillus House would be in Liberty City, and Model City, Little Haiti. She has been there. She has done that, so there is a guarantee that you would have a watchdog, and also the gentleman showed a paper today just a few minutes -- a few hours ago, I guess, regarding Adam Walsh, on the 25th anniversary of the kidnapping and murder ofAdam Walsh. The reason that that article was published is because this morning, President Bush signed into law the Adam Walsh law, which will have a tremendous impact on sexual predators throughout the United States. Just last week, two weeks ago, on July 1, there was a new law of the state of Florida that was enacted and approved by the state City ofMiami Page 57 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 legislature and signed by the Governor, who had more regulations on sexual predators. Now, if we go to the website of the state of Florida, not only by zip code, we know the names and the addresses of sexual predators who are registered, but we also know the type of crime that they committed; if they have a car, the license number, make of the car, so these people will be easily identified. Should it be the case that some sexual predators are register or will be register in that facility, all of the information will be shown, because not to register as a sexual predator is a felony in the state of Florida. What this means is that, because of the federal law, because of the state law, because of the more regulations are in place as of today, the sexual predators, in essence, do not have any rights, and the City ofMiami could come down on them just for anything, if there is a need, and there is no threat of the City being sued because they have rights. No. Because of the new laws, they almost don't have any rights, and the people are urged to call the police in that case. I think that the issue of sexual predators should be addressed by Camillus House, and I don't know if they have it in their agenda. I don't know if you have it in your conditions, butt would suggest that any sexual predators who would go to that facility, of course, has to be registered with the Police Department. That's the law of the state of Florida. If that person doesn't do it, goes to jail, simple as that, but Camillus House should notify the residents that a certain sexual predator has registered with their facility. That would be a good neighbors' policy. That would be a safeguard of the resident, and you know, the people, not the residents around Camillus House, all of us; I, that have grandchildren, everybody that has children, all of us now have new tools to go after the sexual predators, or at least to know all the information about them, so you know, whether or not Camillus House is there, there is an underlying issue here, that there is crime and there is problem in that area, and that has to be addressed whether Camillus House is there or not, and the time to address that will be during the budget process with the Police Department, but you know, Commissioner Michelle mentioned that I am an advocate for the homeless. What happened is that I was designated by the City Commission to be their representative on the Homeless Trust of Miami -Dade County, and I sit in their board. Igo to all of their meetings. I vote on it, and there is a full commitment of the Trust from the Miami -Dade County government with federal funding to assist, in every way, in terms of the facilities and in terms of the security in the area in the new site. It is very difficult to trust that everything is going to be OK, because as even was mentioned by the new directors of Camillus House, what we had had in the past 20 years is a shame, in terms of homeless sleeping, or you know, just loitering, going around all the downtown areas, so I just think that you, as residents and business owner, should trust the Commissioners of the area. They do fight for the residents; be west of 7th, Commissioner and Chairman Angel Gonzalez, he knows everyone there, and he fights for everyone there, or east of 7th Avenue, Commissioner Michelle Spence -Jones. We're here. We're here to support them, come budget process. We're here to support them with their ideas. They carry the burden of watching specially for you, butt just wanted to say that regardless of Camillus House being there or not being there, the issues that you have raised should be dealt by the City in the near future. Thank you. Vice Chairman Sanchez: Mr. Chairman. Commissioner Spence -Jones: Mr. City Attorney, I just -- thank you, Commissioner Regalado, for your comments. I know that you were frying to -- Mr. Fernandez: Yeah. Commissioner Spence -Jones: I just want to make sure that we're directing you, and I want to make sure I have my support from my colleagues -- we're directing you to at least work on putting together some sort of community advisory board that can be maybe, perhaps, brought back to us the first part of September, and I'd like to request the Camillus House folks, Rosario, if you could definitely reach out to these folks before they leave today so that we can begin to make sure that we work along with the City Attorney to structure the proper language. City ofMiami Page 58 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Mr. Fernandez: Correct. Chairman Gonzalez: All right. Commissioner Haskins: You actually had two amendments to the conditions, I think. Mr. Fernandez: Correct. Vice Chairman Sanchez: I'm sure there's going to be conditions -- Commissioner Haskins: Right. Vice Chairman Sanchez: -- added on to this, and we'll get to them when the time is right. Commissioner Haskins. Commissioner Haskins: Yes. There were a number of things that I'm concerned with this, but the sexual predator is a huge issue. How do you address the housing of sexual predators? Mr. Echemendia: We check to see if the person is a sexual predator, and if they are, we do not accept them into the facility. Commissioner Haskins: Do you assure that they're registered somewhere? Is there any notification to Police? Mr. Echemendia: I think what we talked with -- Commissioner Haskins: Because that doesn't really help me here -- Mr. Echemendia: Understood. Commissioner Haskins: -- and because they come to the facility; they're a sexual predator, and then they're put back out on the street in this neighborhood. Commissioner Spence -Jones: Yes. Mr. Echemendia: Madam Commissioner, I think what we were discussing with the outreach program with David Rosemond the other day is trying to collaborate with the City so that if somebody comes, we identify them as a sexual predator, we alert the City ofMiami that, in fact, there is a sexual predator so that they can enforce the state law. Commissioner Spence -Jones: But if they don't have anywhere to go, where do they go? They go in our parks, our schools? Where do they --? Unidentified Speaker: That's right. Commissioner Spence -Jones: I'm just asking. Commissioner Haskins: And ties in with the other issues. Mr. Echemendia: Let me -- Commissioner Spence -Jones: I don't -- I would not want to see them being released in the streets. It would -- and that's why I asked -- Mr. Echemendia: Yeah. City ofMiami Page 59 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Commissioner Spence -Jones: -- for Camillus to at least -- I know that you have another facility. Maybe they can be -- part of it is fransitioning them out of that into something else. Mr. Echemendia: If we -- as I understand the law -- Susan -- Commissioner Regalado: But the state law says, if you don't register, you commit a felony. If you don't register, there is a warrant for your arrest. Mr. Echemendia: From day one. Commissioner Regalado: Immediately, after you leave jail. Commissioner Spence -Jones: Right. Commissioner Regalado: There is an advice, when they ask you, where are you going? I'm going to Miami or going to -- back to whatever. There is a -- the state prison and the federal prison system is directed to inform the -- especially Miami PD (Police Department), because it's a County -- that there is sexual predator on the way. If that person is found on the sfreet, it's in computers, in all the squad cars -- if that person -- and here, we have the police -- but as a journalist, I understand the law like that. If that person is found not register, there is a warrant for their arrest. Recently, there was a raid that forty -some sexual predators were arrested because they did not register with the Police Department. Once they register with the Police Department, it goes on to the zip code where they are register, and in the case of Camillus House, I guess that the only thing that they have to do is just check with the police to see if that person is a sexual predator. That's all that there is to it. Mr. Echemendia: I think our answer is that we'd like to collaborate with the City. All we can do is enforce the law. If they do come and we identify them, we can -- what we were discussing with David Rosemond again was alerting the City that, in fact, there is a sexual predator; to see how we can collaboratively move this person into the continuum of care, either to the HAC or somewhere else, where they do accept them. Commissioner Haskins: Would you keep them there until you collaborate with someone from our homeless department or the Police Department? Mr. Echemendia: Yes. Commissioner Haskins: Then the second issue is the issue of security, and we all know that there are all sorts of definitions of security, and there has been a lot of discussion about how they need additional patrol down to 20th Street, but we have a number of parks in this area, and one person patrolling this area constantly is not going to go necessarily cut it. My concern is for those people that perhaps aren't going to be satisfied with staying in the enclosed plaza area; that they're going to want to be nearby in order to have food. How many -- how much are you devoting to the security issue, and will you make sure that you not only collaborate with the citizens group, but the City's Parks Department and, to the extent needed, the School Board, to make sure that the homeless on the sfreet issue is addressed appropriately and timely, and as soon as we see problems, we have a chance to address them? Mr. Echemendia: I think Dr. Ahr is more appropriate to answer. Dr. Ahr: First of all, I want to say that this building is probably not going to be operational for three years. I accept every condition that Commissioner Spence -Jones has put in place. We'll start with the advisory group right away. I could give you an answer. I don't know what's adequate. What's adequate is really defined behind me, not here. I will make a commitment that City ofMiami Page 60 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 we will have a security sufficient to satisfy the advisory group. I hope the advisory group includes the Police Department, the Parks Department, and all affected parties, as far as -- as well as Camillus House. I don't know the answer. We know that between 17th and 20th, there's going to be four -- a million, four hundred thousand square feet of office building, which will have security that will help us also, but I do commit that we don't -- we take seriously the "no loitering" requirement. We're willing to expend -- extend the zone, but in the end, no private security firm is going to have the capacity to basically incarcerate or otherwise remove people, so all we can do is have exfra eyes on the street that basically are familiar with the individuals that tend to use services of Camillus House, but we have a lot of time to figure all that out. Commissioner Haskins: I appreciate that. Vice Chairman Sanchez: Mr. Chairman. Commissioner Spence -Jones: Thank you so much. Unidentified Speaker: Can I ask a question? Chairman Gonzalez: Yeah. I just have a question. Commissioner Spence -Jones: You can't -- Chairman Gonzalez: In reference to this advisory board that you're proposing, who's going to select the members of that advisory board? Commissioner Spence -Jones: I think -- Chairman Gonzalez: Is that going to be Commissioners' appointees or --? Commissioner Spence -Jones: -- it -- since -- really, the three of us are really affected by it; Commissioner Haskins with the downtown area, there's still going to be overflow; Allapattah is definitely going to be affected, and my district. I think that we should maybe get with the City Attorney and we should all have appointees to it -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- because this -- it will have a spill -over effect, no matter what. Chairman Gonzalez: Definitely. I know that. I mean -- but let me tell you, one -- you know, some of the cases that had been discussed here today doesn't have anything to do with Camillus House. Camillus House is not there, and let me tell you. There was mention about people living in the truck. Well, I got a call from the produce market last Saturday, and I went out there last Saturday and there were some people living in inside a truck, Mariano, on 14th Avenue and 23rd Street. These people used to sleep and live in that empty fruck at night, and then they go out and rob the businesses, OK, but guess what? Who gave them the truck to sleep in? The owner of one company that was using this guy to unload their products from the truck and, in payment, they would allow them to sleep in that fruck and to smoke crack and to sell cocaine and to do all of that activity, so I sent the Police Department put there. They arrested them. They confiscated crack, cocaine, and marijuana, and they took them to jail, so if you have that problem, you need to contact my office and let me know what your -- problem you're having, and I have the PST [sic] unit respond to it right away, and they will respond and they will arrest them. Now, if we don't know what's going on, then -- you know, we can't be every place at every time, but a lot of the problems that -- are caused by the people themselves. There is an affordable housing project just built on 20th Street and 13th Avenue, just built. You were there. I was there. City ofMiami Page 61 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Commissioner Spence -Jones: Um -hum. Chairman Gonzalez: The unit was rented to a lady. The lady, she rented the unit to five more people, who were felons, OK They were conducting prostitution and selling dope in the building. Who was responsible? The person that rented the unit, so you know, in many cases, the people themselves bring their own problems, you know, with allowing that, and we have homelessness in Allapattah right now wandering the sfreet and we continue to call them and call the Homeless Assistance program. They go out there. They pick them up. They take -- but you also have to realize that there was a law passed in this City, the Pollinger law, that you don't want to know how much protection it gives to the homeless people, OK, and in many instances, you want the police officers to go out there and arrest the homeless because he's a homeless and he's, you know, walking around. They can't do that, and one of the conditions -- that's why one of the conditions that this Commission imposed on them was that there needed to be "X" amount of available beds all the time because we didn't want the excuse that the homeless is out there because they don't have a bed to put them on, and when a police officer approaches a homeless, they have to offer them a shelter. If they don't accept the shelter, then they can take them to jail, but if they can't offer them a shelter, they can do nothing about it because the law prohibit them to do anything, so you know, it's a very tough situation. It's a very delicate issue, and the policemen out there are trying to do the best they can with the situation, but in many cases, they have their hands tied, so that's why we ask a zone, a prohibition zone, we ask "X" amount of additional beds to be available for the City, specifically for the City and the area of Overtown and Allapattah because that's where the center is going to be, so we tried to provide all the protections that we thought of OK. Now I think it's a great idea to have this board or this committee that will be working with Camillus House and bringing their concerns to Camillus House, and you know, you can work together on finding solutions to many of the problems that are going to happen because there will be problems. You know, don't -- there will be problems. There will be concerns, and then -- but like Mariano says, for many, many years, it goes back to -- I can't remember -- 20 years, we've been dealing with the homeless problem, and back then -- I'm sure that back then -- most of you were not in Allapattah. Unidentified Speaker: Why they're still there? I mean, are they moving out of there? Chairman Gonzalez: Never attended the meetings that the community center in Allapattah, so -- and we were fighting and fighting and fighting to prevent it, and you know, but it -- the problem needs to be solved. It needs to be solved. Now there were other solutions that they could have taken and they were other routes that they could have taken that eventually would probably put Camillus House right on 20th Street, because if they go to a judge -- if they go to court with this problem, and they tell the judge that we are not offering any alternative to a solution of the problem, the judge is going to rule in favor of the misfortunate people, the homeless people, you know. That's the way it is. That's what happened with the Pollinger case. That's exactly what happened with the Pollinger case, and now the City's hands are tied and the police hands are tied. There are certain things that they cannot do, and they have to be very careful when they are dealing with the homeless situation. That's all I have to say, Mr. Chairman. Vice Chairman Sanchez: As the Chair, I'll go ahead and close. Let me just say that the homeless issue is a citywide issue. I don't think anybody can dispute that we have a homeless issue citywide. Everyone in their districts get complaints about people being homeless. Homeless has no color, nor does it have a religion, nor does it have a -- Chairman Gonzalez: No nationality, nor religion. Vice Chairman Sanchez: -- nationality, and as my colleague stated, there are many people out there that are a paycheck away from being out on the sfreet, including myself all right, and I pray that I never fall on that -- their circumstances. Camillus House has been a NIMBY (Not In My Back Yard) 20 years ago, and today it continues to be a NIMBY. City ofMiami Page 62 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Commissioner Spence -Jones: Tell them what that is, Joe. Vice Chairman Sanchez: Not in my back yard. Commissioner Spence -Jones: OK. Vice Chairman Sanchez: Nobody wants it. You don't want to deal with it. You want to look the other way and ignore it. We cannot ignore this problem. This is everybody's problem; my problem, your problem, your problem, your problem, and the only way that we're going to resolve it is if we work together. Years ago this City did not have leadership. They wouldn't vote on that issue, and we went through meetings here where we had this place like Madonna's concert, sold out, all right. Signs all over the district. I remember, "No more homeless in Allapattah." Not in my back yard. But you know what? This has been going on for 20 years. We've been dealing with it for seven years. We've worked out a lot of twitches. It has not been easy, but I'll tell you this much. Where the homeless rights end, the residents' and the homeowners' rights begin, and we got to make sure that not only do we provide services for the homeless, but we protect the residents, and I think we could do this, because we have come a long way in negotiating this. I honestly think that you haven't been at the table, and I think you need to be educated on the issue, and you brought some concerns that are very valid, because ifI had a business there and somebody took me to downtown and said, this is what you're going to get, you would say "Over my dead body." Unidentified Speaker: That's right. Vice Chairman Sanchez: OK. The one thing that this Commission has emphasized and preached was that Camillus House work with the homeowners association, work with the residents, work with all the churches to provide that education of how this was going to be accomplished. Step by step, this was like building a one hundred -story tower. We had to start from the foundation, put the proper structure on it, and hopefully, one day, we could be there all to enjoy the ribbon -cutting, OK? There are some conditions that were brought out that think are very important. Unidentified Speaker: Why they're moving from the premises they are? Vice Chairman Sanchez: Sir, you're out of order. You've had an opportunity to talk, and now the Commission needs to address this. We've heard you, and I think it's important that you hear us. You may not like our vote, but at the end of the day, when you leave here, I hope that at least you'll respect us for giving you the opportunity -- Unidentified Speaker: I apologize. Vice Chairman Sanchez: -- and everybody else aside to listen to your concerns. I love the recommendation of having a board of businesses and residents at the table because that way, when there's a problem, you're going to get it fi^om the people that are affected, so I am supporting that a hundred percent and will vote as a condition. Second, I think that we need to partner up with the Police Department. We need to partner up with the State Attorney's Office to address the sexual predators, which is a very concern to all of us that are parents and all those that live in the neighborhood, but want to take it a step further. Security's going to be the number -one issue as to you're able to control who hangs outside, who loiters outside, what elements come by, who's able to be there, who's not, and I just don't think that having a security company out there is going to relieve that, OK. Applause. City ofMiami Page 63 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: We don't -- you can't talk and you can't clap, OK, but think it's important that we partner up with the University ofMiami, who has a tremendous stake in this. They're building a great program out there that's going to bring close to about 5,000 new employees to the area; biomedical center, which is going to be great, and we need to partner up with Jackson Hospital, which is a landmark there in that area, butt want to put one more condition, which is important. To protect their interest, because I'll tell you one thing, ifI vote on this issue -- and I am faced with a picture having seven or eight people in front of a business loitering, yeah, I helped out a homeless, but destroyed a business that has been there for 20 years, it's going to bring a tear to my eye, and I certainly don't want that to happen, so I'm going to impose on the condition that Camillus House will be required to hire off -duty police officers, one at least, one off -duty police officer, because I'll tell you this much, you could call the Police Department all you want and they'll go out there, but let me tell you, if they have a murder, a violent crime, they'll get to you when they get to you, so I want to impose that they do have a police officer working with the security, so the police officer could tell people move along, get in the compound, because after all, when we design this, and we've agreed on those conditions, it is designed to make sure that the homeless are kept in and not out, but we all know that they have rights, and we can't lock them in. Hey, listen, is there a problem with police officers? Unidentified Speaker: We already -- Echemendia: No, not at all. We've already agreed to that as part of one of the -- the conditions in the Letter of Intent, off -duty -- Vice Chairman Sanchez: OK. Mr. Echemendia: -- City ofMiami Police officers. Vice Chairman Sanchez: All right -- Mr. Fernandez: Well -- Vice Chairman Sanchez: -- so that'll be one of my conditions as to that, because I'll tell you this much, folks. Listen, where their rights end, yours begin, and where yours begin, theirs end, and I think that we all have to work together on this. This is the right choice. This is leadership -correct to do what we're doing in this City, because if we don't do it now, 20 years will pass by and we'll continue to feel the effect of homeless in our community, so having said that, I think I've taken enough of your time. I just wanted to add a token of my condition to make sure that, at the end of the day, this is -- we could all live with it and we could all live as good neighbors. Mr. Fernandez: Mr. Chairman. Vice Chairman Sanchez: Yes, sir. Mr. Fernandez: If the Commission has already expressed itself and the public has given their input, it is now up to the Administration and to your City Attorney to make sure that everyone understands and that we're able to put, in writing, all of the conditions, and more than the conditions, the attitude and the values that you all have put out there, and therefore, would you give me a few minutes to summarize, for the record, what understand to be the absolute demands of this Commission on the applicant so that when they proffer their covenants and their conditions on this application, if in fact, it is that they receive an affirmative vote from the Commission, it is very clear and it is not subject to interpretation or ambiguity? Vice Chairman Sanchez: I don't want it clear. I want it crystal clear. City ofMiami Page 64 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Mr. Fernandez: Well, so here we go. The applicant is expected to proffer, on the record, conditions that would speak to the creation by this Commission of an advisory board that would be integrated and accepted into the rubric of Camillus House, and this would require a corporate resolution on the part of Camillus Corporate that goes beyond just what's in the application; that, in fact, you recognize the role and the significance of this advisory board being created, and I take the time to emphasize the word "advisory." Advisory means a lot of things. It could be advisory toothless. It could be advisory with teeth. I understand your advisory to mean Vice Chairman Sanchez: Jaws. Mr. Fernandez: -- full of teeth. Vice Chairman Sanchez: Jaws. Mr. Fernandez: Jaws full of teeth. Vice Chairman Sanchez: A Great White. Mr. Fernandez: There you go, so therefore, following the intent of the Commission, Mr. Echemendia, it is critically important that you understand that, perhaps, an affirmative vote by this board entails the creation of this advisory board, which would embrace and which -- be brought into the rubric to the extent allowed by law of the operations of Camillus House. The makeup and the scope and all of those issues of this advisory board would certainly be something in which you would all have an input. The City's interest that in having neighborhood involvement, having the business community involved that's affected, having the professionals in the City, the Parks and other individuals who are knowledgeable about these issues also be involved, as well as perhaps representation from at least three of the five Commissioners that are sitting on the dais that are directly affected, but all of that will be the subject matter of being worked out later as the County Commission directs me to put together that advisory board, or the legislation that would bring into life that advisory board. It should be understood that the grant of this special exception is made with conditions, and that all of these conditions, if not met, render the special exception susceptible to being rescinded, and the seriousness and the importance of that needs to be acknowledged by the applicant, and the neighbors need to listen to that. The role that the advisory committee would play in advising this Commission as to whether Camillus House is meeting all of its goals and all of its obligations towards the City would be critical. Therefore, part of the recommendation that the advisory committee would be making would be a yearly report to this City Commission on the way that Camillus House is, in fact, discharging its obligation towards its neighborhood and towards this Commission as a result of the privilege they're getting by the grant of this special exception. Am I reading your mind so far? Commissioner Spence -Jones: Yeah. You -- Chairman Gonzalez: I -- Commissioner Spence -Jones: -- just said County Commission. You meant City Commission? Mr. Fernandez: The City Commission. Commissioner Spence -Jones: OK. I just want to make sure. Chairman Gonzalez: I -- Commissioner Spence -Jones: I don't want to be stuck later. City ofMiami Page 65 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Mr. Fernandez: That's because Mr. Hernandez has -- Chairman Gonzalez: -- have a little bit of objection on an annual report. At the beginning, I -- Mr. Fernandez: Biannual. Vice Chairman Sanchez: Bi. Chairman Gonzalez: Bi -- Mr. Fernandez: Sure, and not to start -- Chairman Gonzalez: I would rather -- Mr. Fernandez: -- not to start -- Chairman Gonzalez: -- have it biannual, and then, if everything works out OK, everything is working fine, then we extend it to yearly, but at the beginning, we need to have a more frequent report on what's going on. Mr. Fernandez: Correct. Then continuing with that, this Commission also expects to have a condition of the special exception, the -- an outreach program that clearly outlines how it is that Camillus House, once it gets built and it starts delivering service, how it will outreach to the community and how it will deal with all the issues that have been addressed here today. A plan of transition, how it is that a person walks in homeless and walks out with a plan for his or her life. That is a very strong component and a condition of -- that's being imposed on this special exception, and the -- again, the timeliness of having both an outreach program and a transition plan are critical by the date of operation. The doors to Camillus House will or could not be opened pursuant to this special exception if Camillus House, cooperating with the advisory board, does not have in place an outreach plan and a transition plan. With regard to the issues of security and safety -- and I see that as one combined concern. Issues relative to whether we have an off -duty police officer. That Commissioner Sanchez has clearly stated that he wants that to be besides the security personnel that you may have on premises, he has also requested -- and you need to proffer on the record whether it's OK with you as a condition of the grant of the special exception -- to have an off -duty police officer assisting the security personnel to make sure that all the laws are complied with. With regard to the involvement that Camillus House may have with predators, the statement that you've made is that you will not, as a matter of policy, in your premises, give service or provide services to predators. However, the City Commission is interested in you coming up with a program or a statement or a policy that you would adhere to that would deal with proper notification, proper assistance with law enforcement to make sure that these individuals do not continue then to, you know, loiter the streets or be around the premises or be around children in this area. Again, all of these areas, the outreach plan, the transition plan, and the security safety plan are indispensable components, besides the one that staff will read on the record, with regard to Camillus House, in fact, being able to operate under the grant of the special exception, if it's given, but paramount and most important is the role that the advisory board will play in helping Camillus House meet all of its goals and comply with the community's demands. Commissioner Spence -Jones: Well said. Vice Chairman Sanchez: All right. Mr. Fernandez: Does that summarize what the Commissioners --? City ofMiami Page 66 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: That summarizes it. Commissioner Haskins: Can we clap? Vice Chairman Sanchez: They just need to proffer it now. Mr. Echemendia: Well, the -- just a few points of clarification because Jorge heard a lot more than I did. I guess he kind of read your minds a little bit -- Commissioner Regalado: Excuse me. Mr. Fernandez: Oh, no, no. Trust me -- Commissioner Regalado: Excuse me. Mr. Fernandez: -- what you heard me say is what they've said. Mr. Echemendia: OK. No. Fair enough -- Commissioner Regalado: Mr. City Attorney. Mr. Echemendia: -- and we agree with the conditions. Commissioner Regalado: Santiago -- Mr. Echemendia: We agree. Commissioner Regalado: -- just one second on what you read. What I basically ask is for Camillus House to notify the area residents and business, but I think that this can be done through the oversight board, through the -- Mr. Fernandez: Yeah. Commissioner Regalado: -- so what I meant was that because Camillus House is not a permanent resident -- Mr. Fernandez: Correct. Commissioner Regalado: -- a predator -- a sexual predator could say, I don't have to register in that address. However, Camillus House should notify the citizens' board that every time that there is a registered sexual predator seeking assistance, they should notify the board, the residents' board, and in that way, the board, in their wisdom, will know what to do with that information, because it is very difficult for a transient population to keep notifying in a certain area, and we don't know how long is that area, so the board should be notified. Mr. Fernandez: Yeah. Mr. Chairman and Commissioners, the reason I stated the issue relative to predators as loosely as I did is because, in fairness to Camillus House, we cannot impose on them a burden or an obligation that, by law, they could not possibly discharge, and so we need to be reasonable in the efforts that they would put forth in helping comply with law enforcement, but you know, again, we have to deal with the issues that are germane to their mission. Their mission is to assist homeless people. The fact that there is some -- again, "some" -- I don't know the percentage because no one has addressed that -- members of this homeless population that may also be predators, perhaps, should not disqualify them in the kind of assistance that Camillus may provide to them either directly or by referrals, and so we need to be careful that the City's desire to enforce its conditions on this special exception do not violate Camillus's City ofMiami Page 67 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 House either avowed philosophy or legal rights, either. Commissioner Regalado: But excuse me. I didn't say not to give them service. I say notify the board because, by law, by state law, you have to be register. That's all that there is to it -- Mr. Fernandez: Sure. Commissioner Regalado: -- and when you're register, you, by law, are mandated to tell whoever -- if you're going to apply for a job, if you're going to seek social services, by law, you're mandated to say, '7 am a registered -- Mr. Fernandez: Correct. Commissioner Regalado: -- predator." Mr. Fernandez: That's understood and we can work together, Mr. Echemendia, the ideal situation would be for you to accept, as proffers, and in fact, proffer the summary that the City Attorney has given with regard to the issues and conditions that the City Commission has made. Mr. Echemendia: We accept all of the conditions. I just -- to put it in context. First, I want to say we accept the conditions; just a point of clarification on the advisory committee. The development agreement does provide for limiting us to the conditions that are in the Letter of Intent. That said -- just wanted to bring that to your attention -- we do agree to the additional conditions in deference to Commissioner Spence -Payne [sic] and the comments made by Commissioner Regalado -- Vice Chairman Sanchez: Payne. Commissioner Regalado: Spence Jones. Vice Chairman Sanchez: Not Payne, Spence -Jones. Mr. Echemendia: I'm sorry. There's a law firm of Spence -Payne. Commissioner Spence -Jones: That's all right. You frying to marry me off? Mr. Echemendia: A lawyer that know is Spence -Payne, so -- Commissioner Spence -Jones: OK. Mr. Echemendia: -- I apologize. The law firm, anyways. We agree with the transitional plan. In fact, as part of the development agreement, there already is an operational plan, which is -- which incorporates transitional plan information, but we will work on that with Jorge. The outreach plan, I don't believe we have that. We will -- we agree to that condition. The security, it's condition -- condition number four in the Letter of Intent talks about off -duty Miami Police officers. We should amplify that to include securing the areas between -- during daytime hours, to secure the areas between 15th and 20th Streets and between 7th Avenue and I-95, which is the area that we agree to with the neighbors. Then, finally -- well, the predator law. Thank you, Commissioner Regalado, for amplifying or elucidating on that. Then, finally, on the advisory board, the only confusion I have is I thought I heard Commissioner Spence -Payne -- Vice Chairman Sanchez: Jones. Mr. Echemendia: Jeez. I apologize. City ofMiami Page 68 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Commissioner Spence -Jones: Santa [sic], I have to ask you -- Mr. Echemendia: There's no way -- Commissioner Spence -Jones: -- this question: am I causing -- Mr. Echemendia: -- so -- Commissioner Spence -Jones: -- you any pain today? Mr. Echemendia: Could --? Commissioner Spence -Jones: That's what -- I have to ask that question -- Mr. Echemendia: It was a Freudian slip, possibly. Commissioner Spence -Jones: -- because this is the third time. Am I causing you any pain today? That's what I have to know. Mr. Echemendia: It may have been a Freudian slip. I'll just say Michelle, how's that? Mr. Fernandez: It's a psychological thing. Mr. Echemendia: We -- Commissioner Regalado: We could be a pain. Mr. Echemendia: Yeah. -- had talked about an advisory board for some time. We're very agreeable to it. I guess my only question is, I was of the impression that you mentioned the City establishing an advisory board relative to Camillus House, rather than -- is that what you're envisioning -- Commissioner Spence -Jones: Yeah. Mr. Fernandez: Yes. Mr. Echemendia: -- Jorge? Yes. Commissioner Spence -Jones: It'll be a City board. Mr. Fernandez: The City establishes; Camillus is -- embraces it and -- Mr. Echemendia: Absolutely. Mr. Fernandez: -- accepts it. Mr. Echemendia: Absolutely. We're in agreement with all of those conditions as set forth by the City Attorney. Mr. Fernandez: And then -- Vice Chairman Sanchez: OK. Mr. Fernandez: -- Mr. Chairman, you also need staff to put on the record additional conditions that, in fact, have not been discussed by the Commission, but are still part of the special City ofMiami Page 69 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 exception. Vice Chairman Sanchez: Staff could you please put that on the record so we could get on, because we are beating a dead horse. Mr. Lavernia: Just for the record, my conditions are, A, Camillus House will allow enforce of a curfew; B, Camillus House will feed only those individual who are clients to Camillus House; C, "no loitering" signs will be posted on the perimeter of the buildings; D, Camillus House will prohibit alcohol, drugs, fighting of all -- threatening, or potentially violent behavior; E, Camillus House will employ off -duty Miami Police officers during the busiest part of the day. Commissioner Spence -Jones: Huh? Mr. Fernandez: Well -- Vice Chairman Sanchez: Whoa, whoa, whoa, whoa, whoa. Mr. Fernandez: No. That's -- Commissioner Haskins: It's 24. Mr. Fernandez: -- being modified. Vice Chairman Sanchez: No. It's been modified. Mr. Lavernia: As modified by the -- Commissioner Spence -Jones: OK. Mr. Lavernia: -- applicant. Commissioner Spence -Jones: He can -- Mr. Fernandez: As modified. Vice Chairman Sanchez: Listen, that's the beauty of -- Mr. Lavernia: I'm just read -- Vice Chairman Sanchez: -- you putting it on the record; you have plenty of ears out there. Mr. Lavernia: I'm just reading what original was done. Some of them has been modified -- Vice Chairman Sanchez: OK. Commissioner Haskins: Right. Vice Chairman Sanchez: As well stated for the record. Mr. Lavernia: -- but the City Attorney just read the modifications. Camillus House will maintain a record number of trash receptacle on site; G, Camillus House will give priority for the beds available at the facility to the homeless within the City ofMiami and to homeless persons residing on the street within a one and a half mile radius of the facility; H, Camillus House will maintain the premises in pristine conditions with routine twice daily policing of all property and adjacent properties to make sure no litter or unattractive condition exist, and E, City ofMiami Page 70 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Camillus House will make good faith effort to -- Vice Chairman Sanchez: Effort. Mr. Lavernia: -- have the building constructed and operational within 24-hours of-- month of approval. Vice Chairman Sanchez: Twenty-four months of approval. Mr. Lavernia: Yes. Vice Chairman Sanchez: Is that it? Mr. Fernandez: That is somewhat inconsistent with the statement that we heard; that it would take three years. Twenty-four months is two years. I don't know whether that was unintended statement, but I don't know if you recall the statement being made that -- because, otherwise, this condition says that within 24 months, they have to -- Commissioner Regalado: He said it would not be operational in three years. Mr. Fernandez: That's right. That's what he says. This condition reads -- Mr. Echemendia: Dr. Ahr would -- if we could modify that condition to be 36 months rather than 24 -- Mr. Fernandez: Well -- Mr. Echemendia: -- so that we don't have a problem. Mr. Fernandez: OK, so -- Mr. Echemendia: We would be -- respectfully request -- Mr. Fernandez: -- the Commission needs to, when you take a vote, make it subject to all of these modifications. Vice Chairman Sanchez: All we need to say is "as amended" Mr. Fernandez: As amended, but are you in agreement that it should be 36 rather than 24? Vice Chairman Sanchez: Yes. Commissioner Haskins: Yes. Mr. Fernandez: OK. Vice Chairman Sanchez: All right. The conditions have been proffered and placed on the record by the staff and accepted by everyone for the record. It is a resolution. No further discussion from this Commission. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Thank you so much for your patience. City ofMiami Page 71 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Mr. Echemendia: Thank you for your leadership. Vice Chairman Sanchez: We -- Mr. Echemendia: Appreciate it. Vice Chairman Sanchez: -- are -- Rosario Kennedy: Didn't you want me to -- Vice Chairman Sanchez: I'm sorry. Yes. Ms. Kennedy: -- put on the record --? Yes. Vice Chairman Sanchez: Before we adjourn -- no, not adjourn; recess. Commissioner Haskins: Recess. Vice Chairman Sanchez: Before we -- Ms. Kennedy: To address -- Vice Chairman Sanchez: -- go to recess. Ms. Kennedy: Rosario Kennedy, with offices at 2645 South Bayshore Drive, here on behalf of Camillus House, as you know by now, but to address Commissioner Spence -Jones' concerns, we'll be very happy to meet with you. If you meet me outside, we'll exchange numbers and set up a meeting. You know, let me just say that it was 20 years ago when I sat on that dais that Camillus House was a recurring item on our monthly agendas, and it -- thanks to you, to the Mayor, the Administration, University ofMiami, and especially, the neighbors, the people in this community who want to work to help the less fortunate, and we're all working together on this, so thank you very much. Vice Chairman Sanchez: And thank you so much for your leadership. Ms. Kennedy: Well, thank you very much. Vice Chairman Sanchez: All right. Meeting is in recess. We will be back -- PZ.4 06-00261 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35, OF THE CODE OF THE CITY OF MIAMI, ENTITLED "MOTOR VEHICLES AND TRAFFIC", BY AMENDING ARTICLE V, IN ORDER 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. City ofMiami Page 72 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 06-00261 Legislation (Version 1).pdf 06-00261 PAB Reso.pdf 06-00261 FR Fact Sheet 03-23-06.pdf 06-00261 SR Fact Sheet 04-27-06.pdf 06-00261 Legislation (Version 2).pdf 06-00261 FR Fact Sheet 06-22-06.pdf 06-00261 SR Fact Sheet 07-27-06.pdf 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. 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 returns to First Reading. CONTINUED PZ.5 06-00261a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 608.10, IN ORDER TO MODIFY THE REQUIREMENTS FOR PARKING IN THE SD-8 SPECIAL ZONING DISTRICT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. 06-00261a Legislation.pdf 06-00261a PAB Reso.pdf 06-00261a FR Fact Sheet.pdf 06-00261a SR Fact Sheet 04-27-06.pdf 06-00261a SR Fact Sheet 07-27-06.pdf 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 06-00261. PURPOSE: This will amend the Zoning Ordinance in order to modify the requirements for parking in the SD-8 special zoning district. NOTE: The Planning Department recommended substantial changes to the related File ID 06-00261. CONTINUED City ofMiami Page 73 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 PZ.6 06-00666zt ORDINANCE Second 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. 06-00666zt - PAB Fact Sheet.pdf 06-00666zt - PAB Legislation.pdf 06-00666zt PAB Reso.PDF 06-00666zt CC Legislation (Version 2).pdf 06-00666zt CC FR Fact Sheet.pdf 06-00666zt CC SR Fact Sheet.pdf 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 Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones 12830 Chairman Gonzalez: PZ.6. Lourdes Slazyk (Assistant Director, Planning Department): Good afternoon. For the record, Lourdes Slazyk. PZ.6 is a second reading ordinance. This is to expand the definition of "dwelling unit" and introduce a definition for "student housing." This will allow more flexible student housing options within the City so as to encourage institutions of higher learning to locate in the City ofMiami. It's been recommended for approval and approved by the Commission first reading already. Chairman Gonzalez: 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. Mr. City Attorney, 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): I'm sorry. I don't re -- I didn't record a mover and a seconder. City ofMiami Page 74 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Commissioner Haskins: So moved. Vice Chairman Sanchez: On which item? Ms. Thompson: On PZ.6. Chairman Gonzalez: PZ.6. Vice Chairman Sanchez: Second. Ms. Thompson: Thank you. Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. PZ.7 06-00806zt ORDINANCE Second 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. 06-00806zt - PAB Fact Sheet.pdf 06-00806zt - PAB Legislation.pdf 06-00806zt PAB Reso.pdf 06-00806zt CC Legislation (Version 2 - Old).pdf 06-00806zt CC FR Fact Sheet.pdf 06-00806zt Legislation (Version 2 - Revised).PDF 06-00806zt CC SR Fact Sheet.pdf 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 Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones 12833 Chairman Gonzalez: PZ.7. City ofMiami Page 75 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Lourdes Slazyk (Assistant Director, Planning Department): PZ. 7 is an amendment -- this is a second reading ordinance as well -- to the parking requirements for the CBD (Commercial Business District) for residential parking in order to allow for the exemptions for residential projects within 600 feet of a Metrorail or People Mover station. This amendment is consistent with our downtown DRI (Development of Regional Impact), which calls for reductions and caps in parking in downtown in order to encourage more usership of the Metro system. It's been recommended for approval by the Planning Advisory Board. Chairman Gonzalez: All right. This is also a public hearing. Anyone from the public that wants to address the Commission on this item, please come forward. Seeing none, hearing none, the public hearing is closed. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: All right. Do we have a motion? Commissioner Haskins: So moved. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second. 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.8 05-00652 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 3690 SOUTHWEST 23RD TERRACE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00652 Legislation.pdf 05-00652 Analysis.pdf 05-00652 Land Use Map.pdf 05-00652 & 05-00652a Aerial Map.pdf 05-00652 School Impact Analysis.pdf 05-00652 PAB Reso.pdf 05-00652 Application & Supporting Docs.pdf 05-00652 FR Fact Sheet 11-17-05.pdf 05-00652 FR Fact Sheet 12-01-05.pdf 05-00652 FR Fact Sheet 04-27-05.pdf 05-00652 Submittal.pdf 05-00652 FR Fact Sheet 06-22-05.pdf 05-00652 FR Fact Sheet 07-27-05.pdf 05-00652 Submittal Declaration of Restrictions.pdf 05-00652 Submittal Presentation.pdf City ofMiami Page 76 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 LOCATION: Approximately 3690 SW 23rd Terrace APPLICANT(S): Santiago D. Echemendia, Esquire, on behalf of Cinco M's Corporation and Rincon Argentino, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on June 29, 2005 by a vote of 5-2. See companion File ID 05-00652a. PURPOSE: This will change the above property to Restricted Commercial. Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: PZ 8. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.8 and PZ.9 are companion items. One is the future land use map change and the other one is the zoning atlas. It's for the property located at 3690 Southwest 23rd Terrace for Rincon Argentino Restaurant. It's a change from R-2 to C-1. This was in front of the Commission and was continued for the applicant to work with the neighborhood, so I'm going to let the applicant give the result of that meeting. Thank you. Priscilla A. Thompson (City Clerk): And we just need a name for the record, please. We need a Mr. Lavernia: Roberto Lavernia of the Planning Department. Ms. Thompson: Thank you. Chairman Gonzalez: All right. Vice Chairman Sanchez: All right. Santiago Echemendia: Good afternoon. Chairman Gonzalez: Yes, sir. Mr. Echemendia: Santiago Echemendia -- Chairman Gonzalez: Good afternoon. Mr. Echemendia: -- 1441 Brickell Avenue, on behalf of the applicant, El Rincon Argentino. With me is my colleague, Suzanne Besu; David Name (phonetic), who's setting up for us, with Engineering and Construction Corp, and Ileana and Miguel De Marziani, who are the owners of El Rincon Argentino, which is located on Douglas and 23rd Terrace. This is a contextual and aerial view of where the property is located. Again, it's on Douglas and 23rd. This is a family -owned restaurant of over 20 years. They're looking to expand or provide some additional parking for outdoor seating. They don't have a place to put the parking. They do own a property across the street immediately behind the -- this is the property that you have in front of you that is in red. It is across the street from El Rincon Argentino, kind of cattycorner, as you City ofMiami Page 77 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 can see in the aerial. As you can see, there are a number of other more intense uses that already kind of jut into the residential area. You have this Major Use Special Permit on Douglas, which is for 19 stories on top of the screen. You have the FPL (Florida Power & Light) substation that goes much further immediately across the street, but for the FPL substation, we would have been able to do the -- through an SD-12, we would have been able to do the parking attendant to El Rincon Argentino, but unfortunately, we have the substation. A little further down you see the Gables Terrace, which we're immediately abutting, and that's a 13-story condo, so we are kind of sandwiched in between the FPL substation, the 13-story condo, and an office building that's immediately behind us, and what we're doing is providing surface parking again so that El Rincon can expand. This is the site where we would be providing the off-street parking. This is the -- a view of the restaurant from the property, where the parking would be. This is the FPL substation. To me, this is really the most telling picture. The one on the left is where the parking would be. As you could see, it's surrounded by a 13-story parking garage, the office building in the back; incompatible for a residential use, and then on the backside, you have that office, so it is, again, surrounded on three sides by fairly intensive, incompatible uses for a single-family residential. This is the east and southeast, so this is the only portion that's residential to the east of us, and here is the condo that we are behind. Most important, just to recap from the last hearing, Commissioner Regalado asked us to meet with Mr. Bloom, who's one of the abutting property owners. We -- in addition to meeting with Mr. Bloom on three -- actually, on four or five occasions, we've met with staff and incorporated all of their comments, including additional parking, a park -like setting, the quality of and type of landscaping. We've altered the parking plans so that dimensions conform to the applicable regulations, and have removed the handicap space from this portion over to where the restaurant is. We met with Mr. Bloom on three separate occasions, on the 20 -- May 19, May 20, and June 21. We incorporated his ideas entirely into the design, including maintaining a residential -like structure near his property, and that's reflected in the site plan in front of you, and I'll get to that in a second, which actually transitions down from the commercial use, keeping larger trees intact in the area so that his view ofIleana's landscape is not altered, and installing additional landscaping to maintain, to make a park -- as park -like as possible. In addition, we agree to place a 15.6 foot heavily landscape buffer will be installed on the property. Note that he already has an existing hedge. We are also agreeing to install a five-foot CBS (Concrete Block and Stucco) wall on the perimeter of the property abutting his property to further buffer any noise and/or light; a one foot iron ornamental fence above it, and then extend the existing fence that runs along the front through the back and up to the six-foot CBS wall, or five-foot, with the one foot addition. In terms of the lighting, it's really low, elegant lighting fixtures, 42-inch bollards, et cetera, and so there are really -- there shouldn't be any spillage of lighting into the abutting residential. The lighting that you see on the right will be on the westernmost part of the property, which is abutting that kind of canyon that we have surrounding the property. This is the site plan, and this is really kind of the most important part of the site plan, and I apologize that it's not in color in your screen. It's in color in front of you. The portion on Mr. Bloom's properties that he rents out, the abutting property would be on the right-hand side of the screen, so there's a 15-foot buffer. We have modified the site plan, so his idea was to push all of the parking away from him. As you can see, we've done that. We've pushed the access away from him, all of the parking, and we've maintained a residential structure there so that it retains some sort of residential character, and again, the 15-foot buffer, with the wall, et cetera, so we've done -- we've met with him recurringly. We've met with staff. We've done everything possible. Staff is recommending against because of the intrusion, but I think staff would tell you that, under Miami 21, what they would propose for this site would be to transition down, not necessarily a single-family, but something that can do a three- or four-story apartment building, which would probably have as much parking as we are proposing on a surface parking lot, so in light of our efforts, we have worked very, very hard with Mr. Bloom indeed. He had seen our site plan and was convinced and was happy and elated. We went to celebrate at his place, and then, for some reason, he got a little bit of cold feet and decided that he wasn't in favor, but in light of all our efforts, we've done everything possible. Reconstructed the entire site plan, and the need that El Rincon Argentino faces relative to the competition that they have in the Gables and the fact that they've City ofMiami Page 78 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 been around for a long time, we would greatly urge you to -- we are tied to the site plan by way of a covenant, so we would urge you to please approve the application. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. Vice Chairman Sanchez: There's no opposition on this item? Chairman Gonzalez: Is there any opposition on this item? Seeing none, hearing none, bring it back to the Commission. Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. I have requested four times this item to be defer, and the reason was that, first, I wanted to understand the whole situation, then there were some residents that express some concerns, and after the meetings took place, the plans changed totally and radically, and what was proposed on the first presentation is totally, totally different than is what is been presented here. As we speak, the Miami Parking Authority is doing a study in Coral Way. We do not have parking in Coral Way, and one of the issues that we are having is that the restaurants that are coming up in Coral Way and the -- there are two, three, four new restaurants from 17th to 37th Avenue, and on 37th Avenue, there are two new ones off Coral Way. Some of the custom -- they valet parking, and some of the cars are being parked in residential areas. This is the case with this restaurant, as well as other restaurant, but one of the things that really caught my eye was when I met with the staff because I really wanted to understand what this was all about, and they show me the -- what Miami 21 propose for this site, exactly this site, and it's next to 37th Avenue, next to this 14-story building, and it's a four-story building, and -- so that change that Miami 21 is proposing will completely dwarf the residential area of the area. That transition and all that, that's a discussion for another day, but it was -- that is what has been proposed. The plan presented now had all the requirement that some -- that most of the residents requested, and number one, was not to have the parking all the way in the back because bad people could congregate there, but to demolish half of the duplex and keep one house as a residential area emblem and have the other part of the lot as parking, and also move the parking away from the next home. They have proposed that, and if they present that covenant, which they have offer with this plan, which mean that they have to stick to this plan or else, I am ready to move the ordinance, PZ.8. Mr. Fernandez: 8. Chairman Gonzalez: All right. We have a motion -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. It's an ordinance. Mr. City Attorney. Vice Chairman Sanchez: Discussion. Discussion on the item. Chairman Gonzalez: All right, discussion. Vice Chairman Sanchez: Now, Planning recommended denial? Mr. Fernandez: Yes, Planning recommended denial. Vice Chairman Sanchez: PAB (Planning Advisory Board) board recommended denial? Mr. Fernandez: Also. Vice Chairman Sanchez: So this comes to us across-the-board denial. I am shocked. I am City ofMiami Page 79 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 shocked that I don't see Miami Neighborhoods United up here and all the homeowners associations opposing this because if there's ever been an intrusion into a neighborhood, this is it, so I -- you know, I'm shocked that you stand up for some developments and then, when you have something like this that clearly got plenty of opposition -- you reached zoning, something from commercial -- from restricted to commercial, clearly, this is going the opposite of what we're trying to accomplish with Miami 21, and it -- I mean -- you know, I'm shocked. I'm honestly shocked. I can't understand it. Please, come up and tell me why you're not fighting this Judy Sandoval: I will. Vice Chairman Sanchez: -- please, because I'm shocked. Ms. Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I'm also in the Coral Way NET (Neighborhood Enhancement Team) district and usually, I support the Golden Pines. This is in the neighborhood of Golden Pines, and I was prepared to do so today, except that I agree with Mr. Regalado about the changes that have been made. It's all on one story. There are these very high buildings in the neighborhood anyway, and there are things before this Commission today, which are much more serious ingressions into residential neighborhoods by commercial, and there will be people here today opposing them, but Douglas is already so built up, and I happen to think Rincon Argentina [sic] is a very good restaurant -- Vice Chairman Sanchez: I didn't say anything about the restaurant. Ms. Sandoval: -- and -- right. Vice Chairman Sanchez: They got great steaks. Ms. Sandoval: I'm just saying, you know -- but -- Vice Chairman Sanchez: That's irrelevant. Ms. Sandoval: -- I think that -- Vice Chairman Sanchez: I like the steak. Ms. Sandoval: -- the recommendations and the landscaping and the evident satisfaction of the neighborhood's complaints have changed my mind, so I'm not opposing it -- Mr. Echemendia: Thank you. Ms. Sandoval: -- and I'm, of course, in Miami Neighborhoods United. I'm sort of a neighbor, and if none of the residents are here to go against it, why should I? I agree with my Commissioner. Thank you. Commissioner Regalado: And ifI may -- Vice Chairman Sanchez: I was just shocked. That's all. Commissioner Regalado: Please. No -- Vice Chairman Sanchez: Because this is not -- Commissioner Regalado: IfI may? City ofMiami Page 80 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: Sorry. I'm not done. This is not rezoning with a street in the middle, giving plenty of buffer into residents. This is changing the zoning, and right next door you have an R-1, but I'm -- listen, I've been shocked before in this Commission. Commissioner Regalado: I -- Chairman Gonzalez: Commissioner Regalado, you're recognized. Commissioner Regalado: IfI may, the reason that, after four deferrals, this come is that they were told, and they did, to meet with all the residents. Right across that property there is a Florida Power & Light substation, which is actually a safety issue for whoever lives there, and I was shock when I was told by the staff that when Miami 21 comes to this quadrant, they would recommend four stories next to that home, which is in R-1. I was really shock because of that, and the residents requested what they've done, and now the parking situation, hopefully, will be better, and no cars will be park in front of driveways, as many complaints that we get in that, but I think that it's an issue that we have to discuss, and I'm very happy that you're shock for these changes because we are going to deal with several ones this afternoon here at this Commission meeting, so I just -- I was told by staff that the reason that they recommended denial was that they couldn't take the covenant, but with this covenant, there is no way that they can change, at all, those plans or else. Is that what you told me, right? Mr. Lavernia: Yes, sir, that's absolutely correct. The petition is a change to restricted commercial, so the Planning Department -- Vice Chairman Sanchez: That's -- Mr. Lavernia: -- recommends denial of commercial intrusion into residential. Vice Chairman Sanchez: OK, but that's the only thing that leans me to support it, because if this project doesn't go through, then it reverts back. Mr. Lavernia: Yes, sir. Vice Chairman Sanchez: OK. Mr. Lavernia: There is -- they are proffering a covenant that is going to be attached to the land. Chairman Gonzalez: All right. Any further discussion? Mr. City Attorney, read the ordinance. The Ordinance was read by title into the public record by the City Attorney. 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 passed on first reading, 5/0. PZ.9 05-00652a ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION First Reading City ofMiami Page 81 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 FROM "R-2" TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3690 SOUTHWEST 23RD TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-00652a Legislation.pdf 05-00652a Exhibit A.PDF 05-00652a Analysis.pdf 05-00652a Zoning Map.pdf 05-00652 & 05-00652a Aerial Map.pdf 05-00652a ZB Reso.pdf 05-00652a Application & Supporting Docs.pdf 05-00652a FR Fact Sheet 11-17-05.pdf 05-00652a FR Fact Sheet 12-01-05.pdf 05-00652a FR Fact Sheet 04-27-06.pdf 05-00652a FR Fact Sheet 06-22-06.pdf 05-00652a FR Fact Sheet 07-27-06.pdf 05-00652a Submittal Declaration of Restrictions.pdf 05-00652a Submittal Presentation.pdf LOCATION: Approximately 3690 SW 23rd Terrace APPLICANT(S): Santiago D. Echemendia, Esquire, on behalf of Cinco M's Corporation and Rincon Argentino, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. 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 Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: PZ.9 is a companion item. Anyone in opposition ofPZ.9? Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Commissioner Regalado: Mr. Chairman, I move PZ.9 on first reading. Chairman Gonzalez: We have a motion. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a second. It's an ordinance, Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes, and with this one is where the covenant is being proffered, but the appropriate time, of course, would be at second and final reading, but we already have copy of the covenant and we are reviewing it, and this is an ordinance of first reading. City ofMiami Page 82 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 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, 5/0. Santiago Echemendia: Thank you. PZ.10 06-00155a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1950 NORTHWEST 1ST AVENUE AND 1905 NORTHWEST 1ST COURT, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL" AND "INDUSTRIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00155a Legislation.pdf 06-00155 & 06-00155a Exhibit A.pdf 06-00155a Analysis.pdf 06-00155a Land Use Map.pdf 06-00155, 06-00155a & 06-00155b Aerial Map.pdf 06-00155 & 05-00155a School Impact Analysis.pdf 06-00155a PAB Reso.pdf 06-00155a Application & Supporting Docs.pdf 06-00155a FR Fact Sheet 03-23-06.pdf 06-00155a FR Fact Sheet 04-27-06.pdf 06-00155a FR Fact Sheet 05-25-06.pdf 06-00155a FR Fact Sheet 06-22-06.pdf 06-00155a FR Fact Sheet 07-27-06.pdf LOCATION: Approximately 1950 NW 1st Avenue and 1905 NW 1st Court APPLICANT(S): Javier F. Avino, Esquire, on behalf of A-1 Management Corporation FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on February 1, 2006 by a vote of 5-0. See companion File ID 06-00155. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Avenue One Major Use Special Permit. City ofMiami Page 83 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Motion by Commissioner Spence -Jones, seconded by Commissioner Haskins, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: All right. PZ. 10. Roberto Lavernia (Chief of Land Development): PZ.10 and PZ.11 are also companion items -- Chairman Gonzalez: Also companion. Mr. Lavernia: -- land use and zoning change for properties at 1950 Northwest 1st Avenue and 1905 Northwest 1st Court. This is going to be part of the Major Use -- Avenue One MUSP (Major Use Special Permit), but again, in front of you is only the first reading for the land use and zoning change. The Planning Department recommendation for the land use is denial, thinking that this is going to be an intrusion of a C-1 into a stable neighborhood. The recommendation of the Planning Department for the zoning change is also for denial. Thank you. Chairman Gonzalez: You're welcome. Is there anyone here that wants to speak on this item, on PZ.9 [sic]? OK. How many persons want to speak? Priscilla A. Thompson (City Clerk): It's PZ.10. I'm sorry. Chairman Gonzalez: Pardon me? Jorge L. Fernandez (City Attorney): 10 and 11. Chairman Gonzalez: PZ.10 and 11. 10 and 11. I'm sorry. Commissioner Spence -Jones: Anybody speaking on PZ. 10 and 11? Chairman Gonzalez: OK. We got -- we have some people. All right. Lucia Dougherty: Good afternoon, Mr. Chairman, members of the board. My name is Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm here today with Luis Dominguez and Victor Labruzzo, who are principals in this project. The project is located on 20th Street -- between 20th Street -- between -- Northeast 1st Avenue and North -- excuse me, Northwest 1st Avenue and Northwest 1st Sfreet. It is a Major Use Special Permit with a rezoning inside of it, so -- and the request in this rezoning is going from C-2, which is on 20th Sfreet, and industrial behind it, to C-1. That was our original request, and the request was made because -- not because we are getting any more FAR (floor area ratio) than currently exists, and nor is it -- and the reason we went with C-1 instead of C-2 is to have a variety of heights. That was what we had wanted to do. In other words, currently, under the I (industrial) designation, you can have exactly the same FAR that we're requesting, and you can have 120-foot office building straight across, or you could have a concrete batch plant, or you could have an adult entertainment center, which is the only classification which allows it in the City of Miami, but we thought, with a very high -end interesting residential project done by an architect -- an award -winning architect, both in Europe and the United States, a variety of height was something that we thought would -- was of interest to the City at the time, so we requested a C-1 and a Major Use Special Permit to encompany [sic] that C-1 residential request. We've gone through this prop -- this project started in the spring of '05. We have gone through every board, whether it's Large Scale Development Committee, UDRB (Urban Development Review Board), Planning Advisory Board, Zoning Board with recommendations of approval from every one of those boards, and again, the request is so that we could actually build this residential project. The only difference between C-1 and C-2 -- actually, C-2 and C-1 and industrial is the fact that you can't do residential in the industrial, and to Commissioner Spence -Jones, I understand that you have a policy, and it's loud City ofMiami Page 84 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 and clear to me, not to change indusfrial to residential in your disfrict, and I for one, got that message, but I don't believe that your message or this particular -- this policy, which is started by you, is something that should be imposed upon a developer that bought a property back in 2004 and started this process in the spring of 2005, because I wanted to show you what's happened in this disfrict in the past, and Patrick, who's here with me, can help me bring this a little bit closer. The purple here is industrial, this area here, and in this industrial project -- in this industrial area, we have rezoned this site for the Chrome residential project; this site for Artists Lofts, this one for the Wynwood Lofts, and this one for Pompei Lofts, all of them requiring a rezoning in order to allow this residential. The property in question, we think, is highly inappropriate for industrial uses because it is right around residential. This is all R-3. It is in between Phillis Wheatley Elementary School, the park, and a -- and Dorsey Park here to the south, so we believe that the C-1, or actually, the residential project is a good buffer between the industrial to the east and the residential to the west, so this indusfrial sliver that you would see right here happens to be the Rinker concrete batch plant. Today the Rinker plant could move this batch plant over to our site without any kind of overseeing by you at all. An adult entertainment establishment could go in here. A used car lot could go in here. These are all things that are permitted in this industrial district without any kind of review by the City Commission. We believe that this particular use -- I mean, this particular rezoning is a good buffer between the indusfrial and the residential to the east. Now this is also a Superfund site. We have actually been awarded and gotten $500, 000 from the State of Florida to clean up what used to be a Superfund because it was a linen dry cleaning plant. We've paid 150,000 of our money so far and we intend to pay more. I mean, it just keeps going because until it gets clean, we have to continually pay money out of our own pockets to clean it up. It makes no sense for us to clean up this property just to put another indusfrial use on it. Somebody has said to us, well, perhaps you could have another resident -- a retail project. Retail would be a good thing there. Well, we've just done a quick analysis of all the retail that has been approved in this immediate vicinity. Bayview Marketplace, which is at 17th -- it's right south of the park -- has been permitted for 653,000 square feet of retail, and probably a Home Depot will be going in there. Midtown Miami has over 600,000 square feet of retail. Omni is proposed for 350,000 square feet of retail, and the current Omni has over 600,000 square feet of failed retail. The C-Tape (phonetic) project is -- has many dark windows right now, and it has retail at the bottom, and a - - close to about two and a half -- 2.3 million square feet of retail in an around this vicinity from 36th Street down. I don't believe that you're going to see another retail project coming on this site. In terms of -- but in fact, what might bring services -- goods and services to this community is more residential and a different variety of residential, and we do have retail at the bottom of our project, although this is not -- this is the Major Use Special Permit plans that I'm going to let Dean -- if you want to see it today -- today is the -- not your Major Use Special Permit -- Commissioner Spence -Jones: We're only addressing one issue today. Ms. Dougherty: So you don't want to see it? Commissioner Spence -Jones: No. Ms. Dougherty: OK, but just for your information, there's retail all around the bottom of the structure, and the parking is totally enclosed so you don't see any parking. It does all the things that the Miami 21 does, and we do have a recommendation of approval for that Major Use Special Permit, which you'll see if we are to have your favorable support today that will come next month or in September, so with that, I will close. We have many people here who are in support of the project. Would you like to hear them now or would you like to --? Unidentified Speaker: I would like to -- Commissioner Spence -Jones: Sure, I'd like to hear the people in support of the project. City ofMiami Page 85 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Chairman Gonzalez: All right. This is a public hearing. I'm going to allow two minutes per speaker, so everybody has an opportunity to express their opinion on this project. Keion McGhee: Good afternoon. Chairman Gonzalez: Good afternoon. Mr. McGhee: My name is Keion McGhee. I live at 1635 Northwest 1st Avenue. I am in favor of the project. However, I'm also in favor of jobs for the community that this project is going to be placed in, as well as some type of subsidized housing, or -- how can I put this better? -- some type of way for the people that are in this community right now to have an understanding as to where we will stand once this is approved, and I'm not here to take up a lot of time. I really don't need two minutes. Like I said, I am in favor of this project, but I'm also in favor of knowing where the community stands as far as our benefits, personally, in Overtown for this project. Thank you. Chairman Gonzalez: Thank you, sir. Yes, sir. Grady Muhammad: Good afternoon, Mr. Chairman -- Chairman Gonzalez: Good afternoon. Mr. Muhammad: -- Vice Chair, Commissioners. Grady Muhammad, 570 Northeast 69th Street. The problem with this project, unfortunately, is as the gentleman eloquently spoke, will not benefit the current residents. A 600-square-foot unit, according to the plans filed by the developer, will be $350, 000; 600 square feet -- really is an efficiency -- will be $350, 000. This is not appropriate for the community of Overtown. They can't afford it, period. I would ask the Commissioners to please consider -- this is an industrial project. We talked about that last time for jobs. That's what this site was; had lots of jobs. That's what the community of Overtown needs. We have a lot of expensive condos up along Brickell, Biscayne Boulevard, which is where the condos are supposed to be. You look at this, it's out of scale for a low-rise neighborhood. Behind that (UNINTELLIGIBLE), it's less than two stories. This is going to be an all-inclusive community that the residents of Overtown will never be able to afford, never be able to set foot on, and never be able to get a job from. I ask the Commissioners to please, humbly and respectfully, to deny this permit. Thank you all. Chairman Gonzalez: All right. Thank you. Yes, sir. Applause. Chairman Gonzalez: No applauding. Irby McKnight: Good afternoon. I'm Irby McKnight, 1600 Northwest 3rd Avenue, and I live at 1040 Northwest 3rdAvenue. I've lived in Overtown for the last 41 years. I lived there, when on this site was a laundry, a commercial linen service. Across the street was Mary Macintosh Diaper Service. I had no idea that while I saw all those red trucks leave everyday going to the Port ofMiami, going to the Beach, and around the County, I had no idea that they had a service station on this lot, and that they had their own mechanics. I didn't have a clue about what PERC (Perchloroethylene), which is a chemical that cleans dry clean clothes, I had no clue as to what role that chemical played with the cause of cancer. I am stunned when I learned that right next door to an elementary school was this brownfield. I am even more so taken back to realize that someone came into the community who was not aware that this brownfield exist. I think the School Board neglected us in several ways; one, to allow this brownfield, and secondly, that they kept children at this elementary school. This elementary school has increased its test scores and now rated a "C" school; for many years as a "D" school. Since the petro [sic] chemical cleaned City ofMiami Page 86 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 up, everything has looked up from that time on. Now I know that there are people who are saying what we, who live in Overtown, can and cannot afford, but we're not saying that. We're saying, by the time you get it built, we would have had the necessary training and work experience to buy it, if that opportunity presents itself. I'm here today to say we cannot deny everything that's coming to our community. Every single project, in the last ten years, have been denied. I ask your support on this project. We -- it has to start somewhere, and it will start somewhere. It'll be good for it to start on this vacant land; no one ever lived there. Therefore, there will be nobody re -- displaced from the community. Thank you, thank you very much. Chairman Gonzalez: Yes, sir. Darrell Roberts: Good afternoon -- Chairman Gonzalez: Good afternoon. Mr. Roberts: -- Commissioners. One thing I wanted to say is that -- Ms. Thompson: I need your name, please. Mr. Roberts: My name is Darrell Roberts. I'm a Overtown resident, 1825 Northwest 5th Place. Early this morning, we had a talk about the homeless issue. We looking at the annihilation of Overtown. There's no way these people who lives in Overtown could afford the apartments, condos that going up. This is the annihilation of Overtown, and anybody don't see that, they are blind. We know these condos is going up. We could look up and see on Brickell and Key Biscayne, and right now, Biscayne Boulevard. They running out of spaces. They coming over to take Overtown land from the poor people. We sit up here and we talk about homeless issues, but the homeless issue is right here. Some of these people here is just a breath away from being homeless, such as myself. Now, if you going to talk about homeless, you got to talk about the people who lives there. We should be able to make a decision what goes in our neighborhood and what comes in and what comes out. Y'all have the final vote, which we should have the right to say what would go in our neighborhood. I've been there for 38 years, born and raised; went to school there; worked there. We've not denying that. We denying -- what we want is affordable housing in Overtown. We ain't asking for nothing to be built there. We talking about jobs and everything there, but for 30, 40 years, 50 years, I didn't see nothing really happening too much in Overtown, and y'all -- be a fool to say is anything is going on there. Let's not be blind. Let's not sell out. I work hard. I work for a living. I never ask anybody to do anything for me, but I'm here, not because I'm getting paid. I'm not getting paid;; because I care about the people Overtown. Not no condos, but affordable housing. Not apartments. The apartments already -- is already abandoned. Some of these people got family living with them because they can't afford other houses. Now you talk about homeless. If we going to be homeless, condos keep going up; Camillus House going to definitely be full. They going to need another Camillus House after this -- so let's stop fooling your -- ourselves. Chairman Gonzalez: Your time is up. Mr. Roberts: Thank you. Chairman Gonzalez: Thank you. Yes. Renita Holmes: Good afternoon, Commissioners, each and every one. Commissioner Jones, Chairman Gonzalez. I want to take an opportunity -- and I want you to bear with me a little bit because I'm a little bit shaky, and it's not that I'm scared because I know I have every right to be here and participate, but it's just my concern about the impediments of participation. You know, I'm a very proud woman, just like everybody else in here is proud of their heritage and their culture, but it doesn't make a difference how many people live in this house because if they're not City ofMiami Page 87 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 poor mothers with poor children, been displaced, then it's not going to make a difference, but I'm going to give you a fine example. When we look in the newspaper today, we -- and for the last several days, we talk about corruption, and building affordable housing, and we wonder where the money's gone, and who's in bed with who. I always like to have answers prior to commitment. I don't like to have contempt prior to investigation, but let me tell you the fruth, and I hope nobody holds it against me because I'm in the business of challenging to do better. I am the executive director and founder of the Women'sAssociation Alliance Against Injustice and Violence and for Empowerment, Incorporated, and it has several other projects, which was being the (UNINTELLIGIBLE), and my concern is about disenfranchising marginalized women, but let me tell you what qualifies me the most. My mama had eight kids that she raised in a one -bedroom apartment, and we started in Overtown when they had Holsum Bread. I moved up and I moved on, and I moved back again to the status of homelessness, and I moved to Model Cities, and I lived in Little Haiti. It has nothing to do with the toxic build-up, like they had on (UNINTELLIGIBLE) Center, where I still have all this blighted urban land over there in Model City. I'm just using an example. I know that's County, but this is -- it's all about economic -- the community economic development, but it's no housing. You got toxic waste. I'm concerned about the toxic content of these mothers and daughters, the effect that has already happened as a result of what was on there, before I even thinking about building something else for some more people to get infected with. I'm concerned that those who are rallying my people and my sisters and my representatives and duping them, like they try to shut me up from educating them on how to participate in this process today, are not standing in this room right now. I'm concerned that those who are supporting it cannot give me a reason as of yet of why they're supporting it, but what they want in the end result or what they're hoping or praying for. I'm concerned that disclosure -- because evidently, if you could get a bunch of people on a bus and tell them that they promise something and to support something that they have no idea about what you giving them, no paperwork about -- which I haven't seen a relative of it to the zoning plans or the plans that they discussed with their chosen representatives or elected representatives, then what's really happening here? Is this another five page series we're going to do on a City level? Chairman Gonzalez: All right, ma'am. Your -- Ms. Holmes: Just in closure. Chairman Gonzalez: -- time has expired. Ms. Holmes: I'm just letting you know the fruth. I mean, I have to get a Sergeant of arms [sic] just because I want to participate, so I'm asking those who are in support here that have been in the neighborhood a long time, what have they done for you lately, what have they promised, and did you get it in writing? Don't think that because I'm black that I'm for everything and that I don't know nothing. I'm sick and tired of developers coercing people, and representatives that come in here and do injustice to people who are already been done a great injustice. The level of disparity is too high for low-income women, and lastly, if it's federal funds attached to the building of this, heck no. Thank you. Applause. Chairman Gonzalez: Thank you. No applauding, please. Darrick Rudolph. My name is Darrick Rudolph, 222 Northwest 22nd Street. I'm a resident of Overtown. Commissioner Spence -Jones: Can you talk in the mike? Mr. Rudolph: I'm a resident of Overtown. City ofMiami Page 88 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Ms. Thompson: I'm sorry. I didn't get that name. Mr. Rudolph: Darrick Rudolph, 222 Northwest 22nd Street. I'm against this project here, due to the fact that I'm not -- I'm for development, but I'm against this project because right now, there's a problem in Overtown whereas the rents are going up right now. They're jumping the rents up $200, $100, where people can't afford it now. Now, when they go and pick up a paper to try to find out where can I move at, where I can afford -- in Miami -Dade County, do you know how many areas that they can go to that they can afford? And y'all talk about homelessness and conditions that people are in. The area that they can go to is the same similar condition; drugs, guns, violence, poor schools, all -- that's the only area that they can go to because that's the only area they can afford. Saying that you want to bring in development, you want to bring up the neighborhood, and whereas the people can't even afford it, you really, know what I'm saying, just the blind -- know what I'm saying, trying -- the blind trying to lead the blind, because we know if this project come, others going to follow. It's simple as that, and when the others come, the people that's there can't afford it; you know. They got to move, and when they do have to move -- right now, y'all can't even tell them what area they can go and they can afford, because of -- the apartments right now Overtown, for a two -bedroom, like $750. The people can't afford that, but they ain't got nowhere else to go, so they have to stay, knowing that they got to stay. Instead of developing projects like this here, we need to develop projects to whereas what's going on on 7th Avenue, I think like on 6th Sfreet. The apartments complex that they building down there, them nice enclosure complex, like they building down there. That'll be something nice to put there then, if you talk about you want to -- housing -- affordable housing, because I learned one thing: the residents that's Overtown, my friends, my people that I know, they know that, hey, ifI got to pay this rent here, I want to make sure that it's nice, ain't no roaches, ain't no rats, know what I'm saying? My kids -- it's safe, ain't no needle -- no drug needles, nothing like that on the ground, nothing like that. They have -- they say they have no problem. If it going to get cleaned up, they have no problem paying their rent. Thank you. Chairman Gonzalez: Thank you, sir. Yes, ma'am. Good afternoon. Rosa Green: Rosa Green, 415 Northwest 6th Street. There's not much else I can say that hasn't been said already, butt would like to ditto, and ifI was in church, I'd say Amen to the people who are against this project, because what you're doing, you're going to have a mass homeless situation, including, perhaps, myself. I think, if you're going to build anything in Overtown -- again, I'd just like to say this, and I'm going to sit down -- which could come to the board, and we should be the ones to say what we want built in Overtown. We have such a small vicinity now in Overtown. It's vastly taking -- they are vastly taking it over, so I would love for you guys to not agree to this high-rise going up in Overtown. Thank you very much. Chairman Gonzalez: Thank you. Thank you. Yes, sir. William Amaya: Good afternoon. My name is William Amaya, and I am the president of the Overtown Chamber of Commerce. I am also a re -- I'm a business owner in Overtown. Now the reason why I'm here is because I'm a proponent of this project. The reason being why is, foremost, as a business owner; that I provide child care to the underprivileged. All of these kids in the families, parents of these kids have dreams, and I also employ high school kids as volunteers and they have dreams, and they look at what is going to happen ten years from now, and they want to have just a good residence, just as anybody else does, and it was interesting that the woman that was just here before -- there's a lot of misinformation going on because, in the two years that I undertook that project that's on Northwest 20th Sfreet and Northwest 2nd Avenue, I was put through the ringer, but I prevailed. Why? Because I had an agenda. I had an objective, a mission, and a vision to help the community, and I am doing that. You ask any of the kids that go there. They don't like going to other day care. They love going to the day care, but then there's people like Ms. Green that is under the presumption that I am granted by the government, where that particular day care is privately owned, and I cater to those kids because City ofMiami Page 89 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 I want to, not because I have to. Having said that, I founded the Overtown Chamber of Commerce, which a lot of people didn't know about, and I founded on January 23 of this year. Ms. Michelle Spence -Jones had -- with all due respect, I appreciate -- she accepted our invitation to a luncheon that was cancelled, and it was based on some things that happened throughout that, but she very well knows, and I sent the documents of that. Now Ms. Linda Haskins is our Commissioner. I firmly believe that this project that these people are going to put here will give an aspiration to those kids there, the next generation, not the people that are there now, but a kid that is going to high school that wants to be a pediatrician, that wants to be a doctor, and you ask the kids that are working in my day care, that's what they aspire to. Let's forget about $300, 000 now. Chairman Gonzalez: We need -- Mr. Amaya: Let's talk about -- Chairman Gonzalez: Sir. Mr. Amaya: -- $5, 000, five years from now, will be half a million dollars. Chairman Gonzalez: Sir, I need to be fair with everybody. Mr. Amaya: Sure. Chairman Gonzalez: You have taken almost three minutes now. Mr. Amaya: Good, and I apologize -- Chairman Gonzalez: OK. Mr. Amaya: -- but again, you have to give this type of project an opportunity so that we gentrify and we are able to move forward. Thank you -- Chairman Gonzalez: Thank you. Mr. Amaya: -- very much. Chairman Gonzalez: Thank you. Yes, sir. Jake Golfer: Hi. My name is Jake Golfer. I'm the general manager -- Chairman Gonzalez: We need your address. Mr. Golfer: Sure. 615 Northeast 22nd Street. Chairman Gonzalez: OK. Mr. Golfer: The general manager of the Big Wash Laundry. We are -- I manage -- Chairman Gonzalez: Speak in the mike. Mr. Golfer: -- three very large, excellent Laundromats. I think you'd all be amazed walking into our newest laundry we opened up nearly a year ago on 20th Sfreet and Northwest 2ndAvenue. It's been the last in the series of three, so I have some --I didn't grow up in Miami, butt have some insight into now working in a Laundromat in Opa Locka, working in a Laundromat in Liberty City on 54th Street, and now on 20th Sfreet, and as a citizen, I stand for everyone here City ofMiami Page 90 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 living in these communities, living in dignity, and raising their children in safety and with a future, and I am for this project, as I will be for any project that will bring in jobs to this community, will bring in the attention of what call "the law." You know, out of the three I've just mentioned, personally, I'm the most uncomfortable driving on 20th Street. It's the place I see the most drug addicts, the most homeless people, so I can't see a downside in new projects, in -- yeah, people of all kinds coming into the area, basically bringing money into the area. In my simple economical mind, that will benefit the people of this community. It trickles down. It moves sideways. If a person buying a -- an apartment in this kind of building shows up, they'll be stopping on the corner, and they'll be stopping at the store, and they're providing another job and another job. Thank you for your attention. Chairman Gonzalez: Thank you. Hi. Karen Cartwright: Karen Cartwright, 1770 Northwest 5th Avenue, Miami, Florida 33136. I live in Overtown for the past 13 years, and I listen to all the people talking about my neighborhood, and I don't see anything on that board that represents anybody in my community. Nobody. I live in Overtown by choice, not by (UNINTELLIGIBLE). You know, nobody made me go. I'm there by choice. I would like my neighborhood to change. I would like for it to grow, but would also like for it to include for people that now reside there. I walk in Overtown everywhere, and anybody who has ever been to Overtown can never, ever say they have never seen me walking, so the security part of it -- Deputy Chief Fernandez on speed dial, OK, ifI run into a problem. I have apartments in Overtown that need to be enforced with Code Enforcement. I have absentee landlords. I have empty lots. I have a lot of things that would like to see changed, but do not want the people who now reside there to be displaced. I don't believe in the promises anymore about the new jobs, because when I moved to Overtown, I heard the jobs about -- the story about the arena was going to provide our jobs, the American Airlines was going to provide jobs, Jackson was going to provide jobs, the new chicken thing on 17th and 7th going to provide jobs. I don't buy that line anymore, so if you're going to build this, if this is what you want to give me, and all get is a bunch of words on paper that have to go back to the courthouse and have it enforced, I don't want it. The simple reason being that they put it in writing for the arena; they put it in writing for the Performing Arts Center; they put it in writing for the American Airlines, and how many people in Overtown have a job there? None, that know of. None, that know of and what would like to see, if you're going to give me something, give me something that we could use, not to patronize -- I have nothing against anybody wanting to live in my neighborhood. I appreciate that they want to come there, but do not put me out of my house so you could move in. Thank you. Applause. Chairman Gonzalez: Thank you. All right. No, no, no, no, no. Gertrude Clyde: Good afternoon. Chairman Gonzalez: Good afternoon. Ms. Clyde: How you doing? My name is Gertrude Clyde. I'm presently the president of Town Park Plaza North in Overtown. I'm here in reference to this building that they're talking about putting up down the street from me, because I live at 1990 Northwest 4th Court. Ms. Dorothy, I think that's her name, she came out to a meeting in Overtown one evening and -- discussing this development, and she asked me at the end of the meeting, how come the people in Overtown does not want this investment? And I stated to her, because it doesn't have anything to do with the residents of Overtown. Because when you put this building up, you're talking about jobs. Jobs for who? Not for the Overtown residents. It's going to be for everybody else, but us, just like the housing and everything else, and I don't think that it's fair or right that the natives of Overtown should have to be forced out to allow newcomers to come in. Now this property that they're City ofMiami Page 91 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 talking about, how come they cannot give that property to the people in Overtown and let us do something with it that's going to benefit the people in Overtown and give us -- and guarantee us those jobs that they're talking about? Now that building is -- if you look at it, it's designed like its own -- in a city, but it's in our neighborhood, but it's going to be built away from us, and I don't think that's right or fair, and I don't think this building should come up in our neighborhood. Chairman Gonzalez: All right. Thank you. Yes, sir. Luis Dominguez: Luis Dominguez, offices at 10924, Miami Beach, Florida. I represent the owners of the property, and it's good to see that there's support and opposition, and it's good to see the people, what their concerns are. There's a lot of misconceptions here that -- first of all, this is not -- no matter what happens to this site, this is privately -owned land. It's never going to be a subsidized housing site. There's no financial basis to be able to build that here, so the options are we're going to put up a condo project -- and I don't know where the $350, 000 per unit came from, but you do the math. It's 600 square feet at $300 a foot. It's 180, 000. They're entry-level condos. There's no balconies. There's no luxury amenities to it. It's not affordable housing, and we don't have the solution for affordable housing. I know everybody's seen the Miami Herald articles and all the -- about how the money was wasted and all that, but we are not subsidized. We've paid for our own money to do this project, and the bottom line is, if we don't do apartments or condos, you know, it's going to be a warehouse. I mean, that's what we're going to put there. It's going to be an office/warehouse, so the question is, do you want multifamily; people living there? They're going to bring jobs. They're going to bring employment. They're going to help the economy. Or do you just want offices? I mean, there's not really -- you know, I know there's a problem with the housing market, but you know, we're not creating that problem. We're just -- this is a vacant piece of land, so that's primarily what I wanted to say. It's -- Chairman Gonzalez: All right. We got your message. Mr. Dominguez: Thank you. Chairman Gonzalez: Thank you. Ms. Cartwright: Commissioner Gonzalez. Mr. Fernandez: Mr. Chairman. Ms. Cartwright: Mr. Chair. Chairman Gonzalez: Yes. Yes, sir. Ms. Cartwright: I don't -- Mr. Fernandez: Point of order. Chairman Gonzalez: Just a minute. Mr. Fernandez: If you're going to open it up for additional comments for those who have already spoken, then that -- you need to take that into account. They're entitled to ask questions, if there is anything that they haven't understood from the presentation made by the applicant, but otherwise, the rule of this Commission is allow everyone to make comments, and then, if there's any question, through the Chair, ask the questions. Otherwise, you would have to have a deviation from your own rules. City ofMiami Page 92 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Chairman Gonzalez: All right. You have -- Ms. Cartwright: OK. Chairman Gonzalez: -- a question? Ms. Cartwright: Yes, I have a question. IfI have to -- ask him, why can'tI have the warehouse then? Because I -- at least, I would be guaranteed jobs. Thank you. Chairman Gonzalez: All right. You have a question or you --? Mr. Roberts: I have a question. Chairman Gonzalez: OK. What's the question? Mr. Roberts: Who could afford to live in this apartment? Chairman Gonzalez: No. Mr. Roberts: What --? Chairman Gonzalez: You go -- you ask me the question. Mr. Roberts: Oh, I'm sorry. Vice Chairman Sanchez: Through the Chair. Chairman Gonzalez: You go through the Chair. Mr. Roberts: How much would it cost to rent out one of these apartments? Ms. Dougherty: It's not -- Chairman Gonzalez: How much? Ms. Dougherty: These are -- Unidentified Speaker: All condos. Ms. Dougherty: -- not for rent. These are for sale for $180, 000, and so somebody who's a teacher, somebody who's a firefighter, somebody who's a nurse, somebody who works at Jackson Memorial Hospital, these are the folks who could afford to live there. Chairman Gonzalez: All right. All right. We got to keep it quiet. Bernadette Armand: Bernadette Armand -- Chairman Gonzalez: I don't want to be forced to call the Sergeant at arms to get anybody out of the chamber, so let's conduct the meeting with decorum, OK? Go ahead. Ms. Armand: Good afternoon. My name is Bernadette Armand. I'm here on behalf of Power U Center in Overtown, 1633 Northwest 3rd Avenue, Overtown. First of all, I want to clarify something. A hundred and eighty thousand dollar studio apartment is not affordable, and it's luxury to anyone in Overtown. In order to afford a $ 180,000 apartment, the mortgage is going to be $1,800 a month, unless they have a lot of money to put down on it. How many people who City ofMiami Page 93 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 live in Overtown now could afford to pay $1, 800 a month for a studio apartment? That means it's luxury for our community. At Power U Center, it's for development. We support development in Overtown. We support development that serves the current community. We are against gentrification. I'm offended that someone stood up here and said, "I'm for gentrification. I want to see that in Overtown." Gentrification means pushing out the folks who live in this neighborhood to bring in a new class, someone you'd rather see in the neighborhood. You can bring in jobs by building affordable housing just the way you can bring in jobs by building the luxury housing. A building is a building. That same construction work that goes into building an affordable housing goes into luxury condos, except affordable housing leaves something in this neighborhood that we can use over the long term, and as far as being trained for those jobs, by the time that building gets built, people are going to be pushed out of the neighborhood and that training will not happen, and we have no guarantees here. We demand dignity, the low-income residents of Overtown in the City ofMiami. We are sick to death of developers coming around with their own personal agendas that don't fit the community. Sure, it's privately -owned, but you don't own the whole community, and the community has a right to say what they want to see in the neighborhood, and obviously, poor, low-income folks don't want to see luxury housing that's not going to serve them. We expect our Commissioners to be responsible. If you want to clean up toxic waste, clean up toxic waste. You don't have to have a condo to clean up toxic waste. Be responsible. We expect you to vote on behalf of the current residents, the people who need you the most, not on behalf of developers who want to make money off of the community. Thank you. Chairman Gonzalez: Thank you. Applause. Chairman Gonzalez: You already -- Commissioner Spence -Jones: No clapping. Mr. Muhammad: Chair, just a question through the Chair. Chairman Gonzalez: Go ahead. Mr. Muhammad: The question is, are we dealing with two parents and one and a half children in Overtown or we're dealing with one parent and four children? So even a one -bedroom unit is obsolete for current residents. They're going to need three or four bedroom, and at $180, 000, how much would it be for that three- or four -bedroom unit for current Overtown residents? That's my question, Mr. Chair. Chairman Gonzalez: Got you. Mr. Muhammad: Thank you. Chairman Gonzalez: Got your question. All right. I'm -- yes. Judy Sandoval: I would like to say something. Chairman Gonzalez: Ms. Sandoval. Ms. Sandoval: This is not a question because I haven't spoken. I spoke in favor of this project before, and Michelle, she didn't vote for it, and -- Chairman Gonzalez: Commissioner Jones, right? City ofMiami Page 94 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Ms. Sandoval: -- I must say that I came prepared to vote in favor of it again because it's a wonderful building and the zoning makes sense, but having listened to these people, I'm going to do another reverse, and I must tell you that I came to Miami in 1980, during the riots, which we all remember, and I talked to a federal -- a lawyer who was sent here by the federal government to examine the root causes and all of these things -- it was a team -- and just before he left, we had a long conversation, and what I remember the most is that he said Miami is the most downtrodden black community in the South. Now we're talking about Memphis, Atlanta, and all these little towns in the Deep South, and that's a pretty serious thing, and I want to tell you that while I live in a nice house, in a nice neighborhood in Miami, I started out as a young artist in a slum in New York City, on the lower eastside, where I worked with a lot of community groups, and these social issues are very serious, and it is a disgrace that the City ofMiami is gentrifying poor neighborhoods and displacing people in Overtown, and it's a real blot on our reputation as a city. It's inhumane. It's unfair, and gentrification is a terrible thing to do to a community, and this was a great community of wonderful people that had their homes, that built up businesses, until it was split by I-95, and we really should find things for these people. Now I do have a question for Michelle. Chairman Gonzalez: Your time -- Ms. Sandoval: What -- just give me -- wind up -- what can we do in Overtown that will provide jobs? What else could we do with this site? Could we buy it off the owner? Let's look for some solutions. I know all of you want them, and what kind of jobs can be created there? Thank you. Chairman Gonzalez: All right. Thank you. Applause. Chairman Gonzalez: All right. I'm going to -- Ms. Holmes: One question -- Commissioner Spence -Jones: Please, everyone -- Ms. Holmes: -- Mr. Chairman. Commissioner Spence -Jones: -- stop clapping. Ms. Holmes: With all due respect, apologize. Whoever organized some of the residents to come, did not actually share the information on how to participate, so they're a little bit misinformed, Mr. Gonzalez, and at the attempt to inform them, there was some unethical practices attempted to ensure that they would be able to participate and they would be heard, so we apologize for someone not informing us, and with that, I'd like to ask the developers or the marketing, as well as the marketing firm that you had, are you willing to ensure, in writing, prior to asking for any federal funds, that you will commit a certain percentage of the housing to the residents who qualify; that you will invest in informing us in Charettes exactly what has been the toxic assessment that you actually have? Tell me what type of cultural education -- are you willing to tell me what type of cultural proficiency or methods you've utilized, and who are the community representatives that you have proposed thus far? You know, because some of us have not been educated, informed, or are aware, and really haven't chosen the people that seem to intervene on your behalf. Ms. Dougherty: Well, the first premise of your question was "before asking for any federal funds." We're not asking for any federal funds. This is total -- Ms. Holmes: My first premise was, are you willing to commit in writing -- City ofMiami Page 95 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Ms. Dougherty: Absolutely, because -- Ms. Holmes: -- a certain percentage with certain procedures that would -- and to utilize -- Mr. Fernandez: Mr. Chairman. Ms. Holmes: -- certain qualifying procedures for the residents? Mr. Fernandez: The questions -- Chairman Gonzalez: OK. Mr. Fernandez: -- have been asked through the Chair. Chairman Gonzalez: Through the Chair. Commissioner Spence -Jones: Yeah. Mr. Fernandez: The applicant's attorney has a right to answer those to the best of her ability without further clarification. Chairman Gonzalez: All right. Ms. Holmes: With all due respect, Mr. Chair, now I have to compete when an attorney when I don't even have one myself? Chairman Gonzalez: Yeah. All right. I'm going to close the public hearing. Is anyone else from the public that hasn't spoke that wants to speak? Ms. Green: Rosa Green, 415 Northwest 6th Street. This is a question. Someone -- a gentleman came up and said something -- I just caught it, I guess, after he had said it, and I don't know what it was -- about Ms. Green. Do anybody remember what that was, or where --? Is that guy still here? For the record, I just want to clear what -- Chairman Gonzalez: No. Ms. Green: OK Well, he said it and left. Maybe we'll meet. Chairman Gonzalez: Thank you. All right. Public hearing is closed. You want rebuttal. Ms. Dougherty: Thank you, Mr. Chairman, and just in rebuttal very quickly. The City has -- experiencing right now the -- Commissioner Spence -Jones: Excuse me. I think -- you may -- I think this is your -- is these your -- are these your people? Chairman Gonzalez: We have another speaker? All right, go ahead. Heather Buchanan: OK My name is Heather Buchanan. Just one quick thing here. Everybody has their points. I understand yours is about making money, but to kind of sum up what everybody else is saying, where are we going to go when you build all these high-rises? Where are we going to go? Just like the gentleman said before, they're raising the rent now. They used Wilma as a very good excuse to all of a sudden start condemning the buildings. The buildings were bad in the beginning, but now all of a sudden, "Oh, we got to kick everybody out," but City ofMiami Page 96 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 where are we going to go? And then you got to think of the elderly. They giving these people 90 days. Where are these old people are supposed to go? Ms. Dougherty: There is nobody on this property. There has never been a building on this property -- Ms. Buchanan: We're talking about -- Ms. Dougherty: -- for the last ten years. Ms. Buchanan: -- in gen -- but we're talking about in general -- Ms. Dougherty: OK. Ms. Buchanan: -- in Overtown -- Ms. Dougherty: All right. Ms. Buchanan: -- and what you're saying is also affiliated with Overtown. Let's build something -- like everybody else has said -- that's going to help the people that are in Overtown. Don't take them and every -- just like they did Scott projects. You want to move everybody down to Homestead. Why are we the ones that have to keep moving, like the young lady spoke and said that we're the most downtrodden? Why are we the ones that almost always get pushed out of our community into some place else where, sooner or later, you're going to push us out of there? I'm done. Chairman Gonzalez: Thank you, ma'am. All right. Anyone else? All right. I'm going to ask you to stand in line, please, people that are going to speak, so I can know exactly how many more persons wants to speak on this item. Odessa Miller: Hi. Good afternoon. Chairman Gonzalez: Want to line them up? Ms. Miller: My name is Odessa Miller. I'm a res -- my address is 445 Northwest 4th Street, Apartment 1005. I've been a resident of Miami for the last 47 years, and like the young lady was speaking, what about --? I mean, you're building high-rise everyday. They're coming up everywhere, so the more you build, the more people is moving out, but maybe y'all -- like you say, people who will be affordable to rent these buildings will be nurses, doctors, lawyers, people like that. Not everybody is that fortune. When y'all go home, y'all go home to somewhere y'all can afford, so you know -- and sometime you -- even though you more fortunate, but put your side on that other side of the fence some time. Thank you. Chairman Gonzalez: All right. Thank you. You already -- Ms. Holmes: No, no. Chairman Gonzalez: -- spoke three times. Ms. Holmes: No. The people are raising their hand, Mr. Gonzalez -- Commissioner Spence -Jones: He asked to -- Ms. Holmes: -- meaning in support. City ofMiami Page 97 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Commissioner Spence -Jones: -- have them stand in the line, though. Chairman Gonzalez: I asked -- Commissioner Spence -Jones: That's what he asked. Ms. Holmes: No, they're not -- they're raising their hands to show support instead of clapping. That's what -- Commissioner Spence -Jones: Oh, OK. Ms. Holmes: -- I was clarifying -- Chairman Gonzalez: Oh, OK. Ms. Holmes: -- for you. Thank you. Chairman Gonzalez: All right. Commissioner Spence -Jones: OK. Chairman Gonzalez: So -- Commissioner Spence -Jones: So you're done? We're done with the public hearing. Chairman Gonzalez: All right, so we're done with the public hearing? Your time for rebuttal -- Ms. Dougherty: Thank you, Mr. -- Chairman Gonzalez: -- if you have any. Ms. Dougherty: -- Chairman. I do. You know, Miami has experienced, in the last couple of years, the lowest unemployment in this City's history, and it's primarily because of the construction jobs. This will bring jobs, just like all the other construction, and you will look at the jobs -- if you look across the city and see who's employed on the construction jobs, they are minorities, and if you want a job, you can get a job in construction by going by the site. I had three or four friends, who have kids who are out of school in the summertime, they walk by a construction job and they can get a job on a day-to-day basis, so there are jobs there, but there - - here are some other things. People who move into a community, then shop at the shops that are in the community. They buy their goods, their groceries. The owner will have to buy his landscaping. He's going to have to buy his toilet paper. He's going to have to buy their office supplies. He's going to have to buy all kinds of things. All the people who would move in there are going to have to buy supplies. Where are they going to buy them? Hopefully, in Overtown. People who get jobs in Overtown, who have businesses in Overtown are going to be employed. You can't have a community as one-dimensional. A one-dimensional community that doesn't have a mix of incomes is doomed to stay exactly what it was -- what it is, and here's something I want to tell you that happened to me at this meeting that we were at. A woman said the same thing that these folk say. I own a unit here. I -- but I can't afford to live in your unit, so why should I support it? Dean Lewis, our architect, said, well maybe you can't afford it, ma'am, but perhaps your children can, and she said, my children is going -- my children are going to college. They're not moving to Overtown, and that's said to me that, in her mind, this community is doomed to stay exactly the way it is. It's not changing in her head, because she doesn't even want her children to come move here. You cannot leave this the way it is and expect it to be some place where these people's children are going to want to come and live, too -- live in, so that's all I have to say. Appreciate it. City ofMiami Page 98 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Chairman Gonzalez: All right. Yes, sir. Dean Lewis: Thank you. I just wanted to reiterate and step aside, even though I am the architect of the project, and I strongly believe in it, so the qualities, we won't have it -- we're not going to get into that now. This is about urban revitalization -- my name is Dean Lewis, for the record -- and urban revitalization is something that I think you all need to become more and more further aware of and to take a city and compliment its growth and its impulse and to bring mixed -use revitalization -- mixed -use meaning, commercial, retail, live/work, as well as residential, in a package, in a combination with integrated parking, eyes on the street, pedestrian traffic, all the way around on the project. It's very hard to find an alternative solution, in my mind, that is better than what we're forwarding to you. It can't be single-family residential on this site. It can't be strictly commercial warehouse or industrial. That's not appropriate either for your residential neighborhood. You have a residential neighborhood now. It can't remain industrial pocketed, zoned, which is contrary to your impulse, your urban impulse. Please become more aware and see we're working to compliment, we're working with you. This is not high -end luxury condominium glass boxes we're designing. The balconies are not articulated as such. The area is built back into the units to give more flexible living space. We have a 65,000 square foot amenity terrace with a kiddie park, swimming pools, exercise facilities, and again, continuous pedestrian traffic all the way on the project, so to close, thank you, Lucia. Chairman Gonzalez: All right. Thank you. All right. This time I'll bring it back to the Commission. Commissioner Haskins. Commissioner Spence -Jones: You're going to defer to -- Chairman Gonzalez: Commissioner Jones. Commissioner Spence -Jones: OK. Commissioner Haskins: I'll defer to Commissioner Spence Jones. Commissioner Spence -Jones: OK. First of all, there's a couple of things that I think I need to clear up, and if we could pull the boards down, because I really want to look at the face -- in the faces of all the people that are sitting in the room. It's -- this is one of the items that, definitely, I had to deal with once I came onboard and became an official member of this dais from day one, and I want to clear up a couple things before I actually make my official statement on it, some things that Lucia made comments on. The first thing she made a comment on was, I guess I'm getting this reputation. I don't know if you would call it an "indusfrial queen, " meaning, I don't want to convert industrial land to residential or commercial, whatever the case may be. I want to clear up that matter because that's just simply not true, because if you've been following anything that I've been doing on the dais, I've actually have converted some indusfrial land, actually, in Little Haiti, as a matter offact, industrial land, but I converted it for affordable housing. Again, yes, I have a big issue around losing industrial, and that's because we need the jobs. We need the jobs in the area, and to say -- or for us to make an excuse, from a City's perspective, from a community's perspective, that nobody's coming to that land, that it will remain, you know, bare and no one won't come means that we're just not doing our jobs, because cities across the country, that's what they do with the land that they have, or the land that developers have in the area. They work with developers to atfract industry to the area, and unfortunately, we never had that opportunity to have anybody focused on that in the area. On the indusfrial issue, so that we're real clear, when I look at Overtown, I only have one vacant lot available, which is the lot you have -- oh, you -- the owner has for industrial use. Vacant. I'm not talking where existing buildings are sitting on. I'm saying vacant lots, so that is the only opportunity that I really even have to even atfract -- I'm just going to use "only" as an example, not to say that that's what it is -- a Home Depot, or any of those major chains that -- those same City ofMiami Page 99 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 people you see out there sitting there would love to have those jobs, would love to have those benefits, but because people's opinion that people won't come back to Overtown, or no one wants to be there, or whatever the case may be, that just simply is not true, OK? I'm just making a statement, the statement that was kind of made -- not necessarily by you, but just a statement within the room, so I wanted to clear that up. You also made a statement about major projects in the area. You mentioned the Filling Station and a couple others that are in the area. All of those projects that you spoke of are all market -rate housing projects within the area, so they all range from $250, 000 and up. Not one of my residents could afford to live there. Guess what? I can't afford to live there, OK, so I wanted to at least bring that -- use that as a reference to say that's kind of what's happening in the area. Yes, it's happening, but it's happening west of the tracks, and I'm sure most of the folks that are old enough, probably here to be my mother or my grandmother, will say, at one time, we couldn't go past the west of the tracks, OK, so I -- so -- but that's not -- that's neither here nor there. I'm just trying to make sure I clear it up. The other thing that has really bothered me the most out of this whole experience, it really has been the -- just -- I'm just disgraced by the division that it's causing in Overtown, and I think that Overtown has already been subjected, rejected, and neglected already enough, and to see these same people, a lot of these people are people that, when I ride on 3rd Avenue -- Red can tell you, because I know him, and I stop and say hello -- these are people that are living and trying to survive every single day. To see them show up here today and not really know why they were here, to me it's shameful. You mentioned the cost of the current units starting at a hundred K, which is a studio. Now, again, I do understand that, you know, $180, 000 for a studio apartment may not seem like a lot to some people, but to many of the residents that are in Overtown or the ones that may be even thinking about coming to Overtown, you know, from other areas, it's still too much, and then my question becomes, OK, so let's say I decide to do that or support that, what guarantees does one have that at -- that would actually happen, not to say that I would be in support of it? But once the zonings change, it's done, so you say it's going to be one thing, but then you turn around, and next thing I know that $180, 000 unit, which nobody can afford anyway, but let's just say that's what it was, then nobody can live there anyway, so I want to say this to Overtown residents because I think it's important to say this. We are -- and I truly do believe -- and I think that in order to get anything done, you must believe first that things can change. I think the biggest problem that is happened, not just in Overtown, but in many areas throughout my district, is that people stop believing, stop having hope that things would change because of quite frankly, situations just like we seen today, and for me, I think that it is imperative, it's important to make sure that people understand what's happening and going on around them. All these projects that you just talked about, Lucia, I can -- I'm willing to bet you, most of these residents don't even know that they're happening, and at the end of the day, for me, I have to be able to -- and I always say this to everybody that I meet -- look at myself in the mirror and be happy with my decisions that I make. It is not even about me being here this year or the next term; it's about who's going to sit in this seat after me, and what's going to be here or left for them? I know -- and I want to say to the residents -- I know that, you know, change is happening rapidly around us. We have to prepare for the future growth. That's going to happen, and for anybody to tell you that change is not going to happen, they're not telling you the truth. The issue is, you have to be prepared for the change. If not you, your children's children or your children have to be prepared for the change. I want development to happen in my district. I love to have develop -- I don't want my community to be abandoned and vacant. That's not what we want. I want to push hard to -- I want to push hard to bring back people to the neighborhood, butt know they're not going to come back, like I took the plunge to come back to the heart of the hood, because they want the same amenities as other neighborhoods. They want to be able to live out in Miramar and have the Starbucks on the corner and -- most of my peers, that's what they want to do, but in order for us to change that, we have to begin to respect the people that live there in that every single day, so I'm saying to the residents, I think that it's very important, and I'm going to work very hard to make sure that we unite on all different levels, because you have to have a mixed community. Somebody mentioned not having nurses or teachers or those type of people that -- we can't really afford that, or attorneys come. No, we need that. We need our children to come back. Ben, perfect example, born, raised in Overtown; City ofMiami Page 100 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 went off-- went to the University ofMi -- University of Florida, played football, had a scholarship there; could go off and do anything else, but he chose to come back into Overtown to help the children in Overtown, to help rebuild it, so when I hear stories of people don't want anything, they don't want it to change, or it's not going to be anything, I don't believe that, and the minute that start believing that that is true, is the minute that need to stop sitting in this chair, so I'm saying today -- and I have to -- I want to kind of defer a little bit to Commissioner Haskins because we share this district. Actually, the disfrict, because the lines were recut, it's actually Commissioner Haskins' district. Even today, the ploy to kind of put that out there to say, well, really, Commissioner, it's not really your district, to me was another indicator that we just cannot allow for folks to divide the people that live, eat, and think Overtown. We just cannot allow for that to happen, and Commissioner Haskins is a sister of mine on the dais, and I say that -- and I know that she has compassion about this issue. We want developers to come. I want to see things change. I want different generations to stay here. I want teachers back, but we have to find a balance, and without having that balance of having, yes, rental units, yes, affordable house units, yes, workforce house unit, I don't even mind some market rate, but you can't -- we -- in order to have a viable community, we know we have to have all of that, but when these projects are put together with a total disregard of the people that are living there, that's when it becomes a problem for me. Commissioner Haskins and I share this disfrict. As a matter of fact, most of the people that are here probably live in my disfrict because this sits on a very important avenue, 1st Avenue, and I don't know if you know how relevant it is, but the first black millionaire, Dorsey, his library sits on 1st Avenue; Dorsey Park named after him, sits on 1st Avenue. It's a significant thing to many people from that community, so I wanted to make sure that you understood and your team understood -- and I don't know where the owner is of the land. Where is he? And I want you to stand up, too, because I want you to understand, you know, this is not about you. You bought the land. You bought the land. You fairly bought the land. My only question was, when you bought the land, you knew that it was industrial then. Mr. Dominguez: We -- if you'll -- Commissioner Spence -Jones: I'm just making this statement. You knew that it was industrial. If vou know that it's industrial, and it's zoned industrial, then what makes you think that that's going to change? And I'm going to say this to you, I'm still going to say to you that welcome vou to my district. I want to -- I want these people to work with you to find the best use for what needs to happen for them, because they're going to be affected by it, one way or the other, and I don't want you to feel discouraged. I don't want anybody that has an interest in doing anything within the district, the districts that we share, to not want to come, because that's not what this is about. I think the people in Overtown are ready for something. They've just been lied to so long, and projects that they said were going to happen never happened, so what you see is just frustration that has mounted for many, many years, and that's what you have, so I just want you to know -- and I don't want you to hear it by way of a third party -- that I support try -- I don't want you to hold on to land that you can't do anything with. That's not what this is about. Mr. Dominguez: We've done -- we have the ability to -- Ms. Thompson: I'm sorry. I can't record you -- Chairman Gonzalez: I'm sorry. Ms. Thompson: -- if you're not -- Chairman Gonzalez: I'm sorry. Ms. Thompson: -- on the mike. I need -- Chairman Gonzalez: Are you asking -- City ofMiami Page 101 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Commissioner Haskins: Come to the mike. Chairman Gonzalez: -- (UNINTELLIGIBLE) --? Commissioner Spence -Jones: Well, I'm going to just do my closing comments, and then, if they want to make any state -- I just want to say -- and Commissioner Haskins, and I appreciate you deferring to me on this item, because I know that a question came up that -- to the fact that it's really, the way that the lines were drawn, in Commissioner Haskins' disfrict, and I respect that. I think that it's important to respect your colleagues in what areas they represent. Unfortunately, most of the residents living over there never knew they got cut out, but that's just another thing that always happens, but the issue, though, is -- just as Mr. Chairman here -- sitting here, he knows there are certain things that we share alike. Allapattah is another perfect example. We talked about Camillus House was another issue. He had a great project, which is the Route II (phonetic) project, which is now coming, which was really in his district in the beginning, and now it's mine, but guess what? He came to me to defer to me on it because it's in my district, and I respected him enough to say, no, you put all this work and time into doing that project. I'm deferring back to you. I'm not going to sit here and take the credit for something you have -- you worked hard to make happen, so I'm saying that to say, I appreciate you, Commissioner Haskins, for supporting me on the issue, and you know, I had so many things that wanted to say on this item, I'm going to be honest with you. I couldn't sleep all night, because I love my disfrict. Anybody that knows me knows that eat, sleep, and drink my district, and I know, in my district, I have people that are very, very wealthy that have to take care of and I have people that are very, very poor in my district thatl have to take care of. I just have to be able to find a balance between the both so that both people don't feel that they're being left out in the loop, and I think today, for me, that's the feeling that most people had in the room. It's that one group of people that have lived there for all their lives, generations after generations, not to say that we don't want to attract people from other areas, because we need it. We need it to keep the community alive, and I welcome that, but can't disregard the people that are here also. Now, if your plan was -- if you came here and you said, Commissioner Spence -Jones, yes, I'm converting this to industrial, but it's going to be affordable, then my beamers would have went up, because in reality, everything across the track is over 200, $300, 000, $1, 000, 000, so I cannot afford to say no to housing, so that is really it in a nutshell. I'm ready to make a motion on it, but don't know if Lucia has any comments that she'd like to make prior to that. Commissioner Haskins, if you have any comments, I would like to hear from you, and I want your residents to know that you feel the same way about things happening in Overtown, too. Chairman Gonzalez: Commissioner Haskins -- Commissioner Haskins: Yes. I would like -- Chairman Gonzalez: -- you're recognized. Commissioner Haskins: -- to speak on this. Would you like to answer some of the --? Mr. Dominguez: If you don't mind, I just want to -- Commissioner Spence -Jones: Sure. Commissioner Haskins: Go ahead. Mr. Dominguez: When we bought the land several years ago, it was contaminated, as you all know. We had a grant for $500, 000 to do the clean-up. Unfortunately, you know, it's gone way over that. We've already spent over 150,000 and we anticipate spending even more for that. To answer your question, Ms. Jones, when we bought the land, we were under the impression that, City ofMiami Page 102 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 you know, looking at Overtown, OK -- we don't know it as well as you do, perhaps -- but there are so many abandoned properties, there are so many vacant areas all over the place, land, and we just felt that if we can bring a residential project, regardless of what the income level was, it would serve the community a heck of a lot greater than some industrial project, OK, 'cause a Home Depot or Office Depot, that's not going to go there, OK. This is zoned for office/warehouse. I don't know what kind of jobs an office/warehouse complex is going to bring. There's going to be people that are going to store stuff there; the people are going to do their own thing there; they're not going to employ anyone, OK. It's not going to be a Home Depot or an Office Depot, and you know, as Lucia said at the beginning of the hearing, we can build at the same density, OK. We were trying to solve the problem by not putting up an industrial site there, but you know, I don't know if that's really what you want for that facility. You know, it's -- we're -- there's a lot of problems in Overtown, and we realize that, and not just Overtown. A lot of the poor communities, as we saw in the Miami Herald articles about grant money being squandered away, but this -- you know, this really is not the issue. I mean, I -- the neighbors have -- you know, the neighbors have very good arguments, and believe me, they are, you know, on point that we do need income and subsidized housing, but the construction costs, the way they are -- you know, this project can never be a subsidized housing project, so that's not the solution. What this project brings to the community is it brings an infusion of more people that can spend money in the community, people that will open businesses in the community, people that will need services in the community. That's the purpose of this project, and if you neglect end -user developers that are going to sell retail units -- you know, Overtown, for the last 20 years, even before you came here, the previous Commissioners, I mean, a lot of the land -- I mean, this isn't the last available, vacant piece of land. There's a ton of land. A lot of it is government -owned. I mean, you -- it would -- it's not a question of whether or not there's enough land. The real issue is why isn't anybody building there? And the reason for that, in my humble opinion, is every time a developer comes up here with a retail project, there's always, you know, well, we've been neglected in the past;; we've been lied to in the past, and really, that's not the case. I mean, nobody ever -- Commissioner Haskins: Can I speak now? Chairman Gonzalez: All right. Commissioner Haskins: OK. Mr. Dominguez: Thank you. Commissioner Haskins: This is a -- Commissioner Spence [sic] and I worked together very closely for a number of years. She knows there's nobody more passionate about affordable housing and workforce housing in this City than me. Ms. Sandoval, you made a statement earlier that I really take exception at, not that I think you're a bad person for saying it. I think it's a misinformed statement. You said that the City ofMiami is gentrifying the city. We have spent -- and you need to really look at the things that we've done over the last three and a half years -- to realign the way the City does business on affordable housing. Do you realize that we've taken merely $20 million -- that's what we've got in funding in the last three and a half years. We don't get a whole lot. We've leveraged that into over $500 billion of affordable housing projects in the City ofMiami in the last three and a half years. Many of those projects are done. Many of those projects are under construction, so when you compare us to what's been in the paper over the last few days, don't make that comparison. We deliver more affordable housing units than the entire Miami -Dade Housing Agency. We will deliver over a thousand affordable housing units this year alone. In Overtown, we have over 600 affordable housing units under construction; of that, 388 have been delivered. We believe in affordable housing. We have taken every single City -owned parcel of land that is truly surplus property and given it to developers, together with not -for -profits, to develop into affordable housing. Habitat for Humanity does not have a problem with the City ofMiami. Developers do not have a City ofMiami Page 103 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 problem with the City ofMiami in supporting affordable housing and workforce housing. I also have -- so when they talk about this, this is a very serious issue. Now I'd like a raise of hands for all the people that spoke either for or against this project, which of you regularly attend CRA meetings? It's a smattering. How many of you protested vehemently a year and a half ago when the CRA master plan was put together and there was not one dollar set aside for affordable housing in Overtown? All of you who live in Overtown, and live, breathe, and eat Overtown need to know that there need to be significant changes, not only in community development, which gets a mere $4 million a year of federal money, but throughout the city, so we need to make sure that we keep everybody's feet to the fire on this. Now I'm also a business person, and I've heard a lot of things here today, and I really believe that this is a -- this is something thatl need to look to Commissioner Spence [sic] on, and Commissioner Spence [sic] and I agree on a whole lot of things. We had some disagreements on this one, right, Michelle? We cannot, as a City, go to the private sector and say, because you've purchased this land and it happens to be in an area that is suffering from economic disparity, economic challenge, lack of quality housing, that because you're a private sector person, you have to build what want you to build. It's not right, and it's not going to get us where we need to be. What's going to get us where we need to be is inviting a mix of income, of business, and all of that, so what happens over time -- and you're going to see the frustration here. I mean, you saw it from the owner of this parcel. Over time, what's going to happen is there's going to be even more of a lack of investment in Overtown. What we need in Overtown is capital. We need people with money to develop, but we need them to work with us; I understand, but for -- to dictate to the private sector is going to leave you with vacant lots, not a single affordable house, and not a single job. That's what you're going to end up with, in my view, in my view. If we could take the energy that's in here and turn it into, let's put the County's feet to the fire, let's put the CRA's feet to fire, and let's do the things that government can do with its own property and its own dollars to make sure that there's development, we will succeed, we will succeed. My problem today is we have a very viable company here that wants to invest, and I haven't really heard today the statement that it's about jobs. I've heard the statement that it's about "we can't live there.". We have to build -- we have to develop Overtown with houses and apartments that people living in Overtown today can't live in. It will not succeed without that. We need a mix of income, so I will defer to my colleague, but I feel very strongly on this. What would prefer, Michelle, is that we take a break, sit back for -- until September, take a deep breath, let's work on some of these issues and see what we can do to come to a meeting of the minds. That's what would like to do. However, you're my sister, you're my Thelma to -- you're Thelma to my Louise, OK, and I will defer to you. Chairman Gonzalez: All right. Any further comments from any of the other Commissioners? Vice Chairman Sanchez: Make a motion. Commissioner Regalado: Chairman. Commissioner Spence -Jones: Sure. Commissioner Regalado: I think that what we have here is not a simple change of zoning or an SD-12 or just a regular decision. What we have here is a very complex, philosophical issue, because what has been true up to now is that the residents of Overtown have been bombarded with promises for years and years, and yes, some affordable housing may have been planned or built, but the fact of the matter is that for several years, we have seen that, in most of these loans that were given to help Overtown, are now in litigation or have disappeared, and the lots are still there. It's the same story, just a different government, and this is an area that has a very deep sense of culture, and when you corner an area and build and build what we like to believe is affordable housing, but not to the people that make $8 an hour, it is very difficult to sell hopes and to keep asking them to have dreams. I really -- I mean, these two woman are very intelligent for me, and I know that they will do the right thing, butt just think that besides this issue, the people of Overtown have the right to exist as an area, as a historic area, as the people of City ofMiami Page 104 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Shenandoah wants to be, the people of the Grove or the West Grove, and we should at least explain to them the plans, the real plans, not the promises, and what we can expect from government and from private. If the people that buy land wants to build whatever they want, there's nothing we can do about it, unless and until they come here for a change, then we have something to say, andl think, you know, either a cooling offperiod or a vote, it's important, but the most important thing is that we make a commitment with the residents of this area to at least inform them of the plans around them and the possible impact and the possibilities that they will have to access those dreams, so I -- I'm just wanted to make that comment because I've been listening to all the comments, and although, maybe -- some people may think, well, it doesn't have to do anything with the project and the issue at hand. It does, because it's about the future, it's about the present, it's about the past, it's about lost hopes, it's about dreams that become nightmares, so I am just waiting for the lead of both of my colleagues, who do share that district, but who also share the problems, but who also have the vision for those district. Vice Chairman Sanchez: All right. We're entertaining a motion. Chairman Gonzalez: All right. Commissioner Spence -Jones: Well, I've heard everyone speak on the issue, and again, you know, sitting in this seat, sometimes you have to make very tough decisions, and I just want to say to the residents of Overtown and those that have an interest in coming back to Overtown that things are going to change, and we're going to work hard to really attract things back to the area so that it becomes a vibrant community, and I do agree with my colleague, you have to, once again, have a mixed community in order for you to have a viable community, and I will continue to push to make sure that that happens, but at the end of the day -- and for the property owners, who, you know -- I still stick to the fact that when the land was purchased, it was industrial, and to make the assumption that it could be changed, for whatever reason, was a gamble that one takes when they decide to invest. I have a responsibility to the current residents that live there in Overtown, and I have to do the right thing by the folks that live -- that will be affected by it one way or the other. Their taxes will be affected by it. I mean, there's a lot of things that come along with a project like this, so my motion is to deny. Commissioner Haskins: I'll second that motion. Chairman Gonzalez: All right. We have a motion and we have a second. Vice Chairman Sanchez: It's a resolution. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. Vice Chairman Sanchez: Mr. Chairman, ifI could take one item out of order -- Ms. Thompson: I'm sorry. Chairman Gonzalez: Yes. Mr. Fernandez: Yes. Vice Chairman Sanchez: Oh, there's a companion? City ofMiami Page 105 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Mr. Fernandez: No. This -- Vice Chairman Sanchez: You got a -- Mr. Fernandez: -- goes -- Ms. Thompson: I'm sorry, I'm sorry. I did not hear the "no" portion. I'm sorry. I only heard all the -- Chairman Gonzalez: There was a motion to deny. There was a second -- Ms. Thompson: Yes. Chairman Gonzalez: -- and I said, "all in favor, say 'aye;'" say "aye." Ms. Thompson: Any opposers? Chairman Gonzalez: No opposition. Commissioner Spence -Jones: No. Ms. Thompson: Thank you. Chairman Gonzalez: Everybody voted to deny it. Mr. Fernandez: Right. Vice Chairman Sanchez: All right. As you exit, please -- Chairman Gonzalez: OK. We -- Vice Chairman Sanchez: -- let's keep it quiet. Chairman Gonzalez: Wait a minute. Vice Chairman Sanchez: We have a long agenda. PZ.11 06-00155 ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 23, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "I" INDUSTRIAL AND "C-2" LIBERAL COMMERCIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1950 NORTHWEST 1ST AVENUE AND 1905 NORTHWEST 1ST COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading City ofMiami Page 106 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 06-00155 Legislation.pdf 06-00155 & 06-00155a Exhibit A.pdf 06-00155 Analysis.pdf 06-00155 & 06-00155b Zoning Map.pdf 06-00155, 06-00155a & 06-00155b Aerial Map.pdf 06-00155 ZB Reso.pdf 06-00155 Application & Supporting Docs.pdf 06-00155 FR Fact Sheet 03-23-06.pdf 06-00155 FR Fact Sheet 04-27-06.pdf 06-00155 FR Fact Sheet 05-25-06.pdf 06-00155 FR Fact Sheet 06-22-06.pdf 06-00155 FR Fact Sheet 07-27-06.pdf LOCATION: Approximately 1950 NW 1st Avenue and 1905 NW 1st Court APPLICANT(S): Javier F. Avino, Esquire, on behalf of A-1 Management Corporation FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on January 23, 2006 by a vote of 8-0. See companion File ID 06-00155a. PURPOSE: This will change the above properties to C-1 Restricted Commercial for the proposed Avenue One Major Use Special Permit. Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Haskins Chairman Gonzalez: We have a companion item, which is PZ.11. We also need to make -- to vote on that item. Jorge L. Fernandez (City Attorney): Right. And there needs to be finality on that item, so you need two separate votes. If you would vote separately on denying 10 and then also move, consistent with your denial of 10, denial, Commissioner Spence -Jones, of 11 -- Chairman Gonzalez: Um -hum. Mr. Fernandez: -- then the item would be complete. Vice Chairman Sanchez: Move to deny it. Commissioner Spence -Jones: The motion is to deny the -- Chairman Gonzalez: All right. Commissioner Spence -Jones: To deny. Chairman Gonzalez: We have a motion -- Vice Chairman Sanchez: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." City ofMiami Page 107 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Vice Chairman Sanchez: So both items have been denied? Chairman Gonzalez: I'm going to be leaving -- Mr. Fernandez: Yeah, so both items, 10 and 11, have been voted down. Chairman Gonzalez: Have been -- Vice Chairman Sanchez: Yes. Chairman Gonzalez: -- voted down. All right. I'm going to be leaving early tonight, so I have some items in my district that are not confroversial. People have been waiting here. I'm not going to keep them here until who knows when, when their item's not confroversial. Also, Commissioner -- Vice Chairman Sanchez has an -- has two items or three items that are not controversial. I'm going to take them out of order and I'm going to bring them up, so I want to go to -- Vice Chairman Sanchez: Wait. Before we do that, while we get -- let's get yours out of the way. Mine is controversial -- Chairman Gonzalez: It is? Vice Chairman Sanchez: -- but -- yeah, I believe so, yeah. 27, but we'll get that one after 5 o'clock. PZ.12 05-01536 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 1200 NORTHWEST 1ST AVENUE AND 115 NORTHWEST 12TH 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. 05-01536 Legislation.pdf 05-01536 & 05-01536a Exhibit A.pdf 05-01536 Analysis.pdf 05-01536 Land Use Map.pdf 05-01536 & 05-01536a Aerial Map.pdf 05-01536 School Impcat Review Analysis.pdf 05-01536 PAB Reso.pdf 05-01536 Application & Supporting Docs.pdf 05-01536 FR Fact Sheet.pdf 05-01536 Submittal Letters.pdf 05-01536 Submittal Sect. 163.335 FL. Statutes.pdf City ofMiami Page 108 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 LOCATION: Approximately 1200 NW 1st Avenue and 115 NW 12th Street APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Royal Palm Miami Downtown, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 21, 2005 by a vote of 5-2. See companion File ID 05-01536a and related File IDs 05-01536b, 05-01536c, 06-003571u and 06-00357zc. PURPOSE: This will change the above properties to Restricted Commercial. 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 Haskins, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Vice Chairman Sanchez: All right. Let's go to PZ.12. We're going to fry to move as quickly as possible. Why don't we try to get the ones that are either going to be deferred or the ones that are noncontroversial so we could get some of the people back home, especially those that have children with us tonight. All right, so why don't we do something. Let's --12 and 13, are they controversial? Jorge L. Fernandez (City Attorney): Well, actually, Mr. Chairman, you have 12, 13, 14, 15, 16, 17. Commissioner Spence -Jones: They're all together. Vice Chairman Sanchez: Well, are they controversial? Lucia Dougherty: They're all contra -- they're all companion items. Mr. Fernandez: Yes. Vice Chairman Sanchez: All right, but is it controversial? Commissioner Spence -Jones: No. I think, for the most part, I do want the residents to be able to speak on this issue. I think it's important to do that. I don't know if you call it controversial -- Vice Chairman Sanchez: All right. Commissioner Spence -Jones: -- but I do have some -- I wanted to at least see what they're going to present because I haven't seen anything at all. Vice Chairman Sanchez: All right. Let's do something. Let's just go 12 through 16. I mean, why fight it? We're going to be here late. We're all going to be here late. Hopefully, somebody brings some coffee. Commissioner Spence -Jones: Yeah, or dinner. Vice Chairman Sanchez: Somebody order a pizza. Of course, it can't be more than $25, or else we'll have to declare it. City ofMiami Page 109 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Commissioner Spence -Jones: We could do four. Mr. Fernandez: So again, Mr. Chairman, you are opening up all of these items at the same time, correct -- Vice Chairman Sanchez: We're going -- Mr. Fernandez: -- all six of them? Vice Chairman Sanchez: -- for the granddaddy of them all -- Mr. Fernandez: All right. Vice Chairman Sanchez: --12, 13, 14, 15, and 16, and 17. Mr. Fernandez: So, Roberto, infroduce -- Commissioner Spence -Jones: So we're going to address them all at one time. Mr. Fernandez: -- them all. OK Vice Chairman Sanchez: Introduce them all, and we'll open it up for the public, and then we'll take it from there. Priscilla A. Thompson (City Clerk): Before we open up, do we want to check and make sure that Vice Chairman Sanchez: Yes. All those that have just arrived that have not been sworn in, please stand up and be sworn in by the Clerk. If you're going to be testifying and you have not been sworn in, please stand up. I'm sure there's -- yeah, OK All right, not everybody up at once. Ms. Thompson: If you're giving testimony in the remainder of the P&Z (Planning & Zoning) items, I need you to please stand and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Vice Chairman Sanchez: All right. Thank you so much. We'll go with PZ.12. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.12 and PZ.13 are companion items, future land use map and zoning change. Land use are two lots, one facing Northwest 1st Avenue and the other one facing Northwest 1st Court. The recommendation of the Department is denial because the petition is for a medium density residential to restricted commercial. The area around is all medium density residential so restricted commercial is not a logical extension of that more intense commercial uses, and the street is totally residential. PZ.13 is the zoning change for the same two lots. The recommendation is also for denial for the same findings. Vice Chairman Sanchez: All right. Mr. Lavernia: Item 14 and 15 -- you asked me to infroduce all of them. City ofMiami Page 110 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: Do them all. Mr. Lavernia: OK. Item 14 and 15 are also companion items, land use and zoning change for the properties 1129, 1135, 1145, 1151, 1159 Northwest 1st Court, 1150 Northwest 1st Avenue, 100 Northwest 12th Street, and 100, 105, and 113 Northwest 11 th Terrace. That is the whole block bounded by Northwest 11 th Street, 12th Street, 1st Avenue, and 1st Court. This petition is the same, from medium density residential to restricted commercial. The recommendation is denial for the same reasons. Number 15 is the zoning for the same addresses I just put on the records, and the recommendation -- Mr. Fernandez: Well, Mr. Chairman, ifI may interrupt a minute. To keep it simple so that you get a sense of package, the first two applications, that is items number 12 and 13 and 14 and 15, come to you with negative recommendations. On the other hand, 16 and 17 come to you with very favorable recommendations, both from staff and from the boards that heard them, so they're really sort of like in the same area, but there are conditions that are very different, so perhaps you -- there should be a break in you considering these -- the first four items because they come with negative recommendation both from staff and the respective boards, from the last two, which come with affirmative recommendations from both staff and the board. Commissioner Spence -Jones: So would you sug --? Vice Chairman Sanchez: So your recommendation is that we take up those four items that are -- that have -- Mr. Fernandez: Yeah, the first -- Vice Chairman Sanchez: -- negative -- Mr. Fernandez: -- four, right -- Commissioner Spence -Jones: 12, 13 -- Mr. Fernandez: -- that deal with -- Vice Chairman Sanchez: For the -- Commissioner Spence -Jones: --14, and 15 --12 through 15? Mr. Fernandez: Yeah, 12 through 15 -- Commissioner Spence -Jones: OK. Mr. Fernandez: -- correct. Vice Chairman Sanchez: OK. Ms. Dougherty: Actually, I'm going to do them all because they're all on the same road, and they're -- they are contiguous to each other -- Mr. Fernandez: And that's -- Ms. Dougherty: -- and -- Mr. Fernandez: -- part of the argument that she has to make, but you need to consider that, you know, separately in your mind. City ofMiami Page 111 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: Madam Applicant, you're recognized. Ms. Dougherty: -- notwithstanding that, the Planning Board and the Zoning Board made a recommendation of approval on all of them -- Mr. Fernandez: Yes. Ms. Dougherty: -- so just to orient you, this is 1st Avenue. This is, again, in the redevelopment area, redevelopment agency area, the Southeast Overtown/Park West redevelopment area. The first parcel down here at the bottom is the last two zoning classification -- or the last two zoning requests, which is recommended for approval. Unidentified Speaker: Right. Ms. Dougherty: The one that's just north of it is the one that's recommended for denial. It doesn't make any sense because all of this orange that you see around here is the same classification that we're asking for, exactly the same classification, and furthermore -- and this is the reason why all of the boards recommended approval. This is in your Southeast Overtown/Park West master plan that has been adopted by not only the CRA (Community Redevelopment Agency), the City ofMiami, as well as the County. This is what is envisioned for that exact area. Now how did we know this is where it is? This is the Arena Towers. The property that we're talking about is directly across the street and to the north of it, so this is exactly what is been proposed for this area and this piece of property. Let me just show you what your -- a blow-up of what the plan actually says is taller buildings, heights when combined with the landscape improvements, will increase the definition of the public space on both sides of the tracks, so right now, what you're saying -- what you see is exactly what we're asking for on the east side of the fracks. It doesn't make any sense to do it on one side of the tracks. This makes a proper buffer for the R-3, which happens to be 50-foot in height, directly to the east of it -- excuse me, to the east -- I'm sleep -- to the west of it, sorry, so just directly to the west is R-3, 50-foot in height, multifamily residential. This is a great buffer between the fracks and this multifamily residential to allow a higher density, higher intensity, which is in complete conformance with your master plan for the Southeast Overtown/Park West. Now what are we going to do with it? Oh, and here is the current condition of that tract. This is a currently approved building that is just south of there. This -- and there is off -- a brand-new office building that is in between here that you can't see, so -- I've lost my train of thought here. Oh, the -- in terms of a larger map here, everything just south of here is the Crosswinds site, which is the one that was coming before you -- apparently, it didn't -- but it's -- all of this property is zoned exactly as we had requested it -- our property to be rezoned in conformance with it. What are we going to do? We're going to do affordable housing. Does that sound good to you? This is the only thing that we are doing. We'll make any kind of commitment that you want that that is the one and only thing that we're going to be doing on this site is affordable housing. Commissioner Spence -Jones: I'm sorry. I had to gasp for a minute. Ms. Dougherty: Can I say it again? Affordable housing. Yes, and that -- and we are talking with several affordable housing developers. They are saying to us, come back to us when you have the property properly zoned. This is first reading this evening. I know it's late, and I would ask you to pass it on first reading, and we'll visit again in September. Vice Chairman Sanchez: Which is fine. As a matter of fact, the County does that. It pass everything on first reading, and then -- all right. Commissioner Spence -Jones: You're chairing, so do you want --? Is it open for the public now or --? City ofMiami Page 112 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: Yeah, absolutely. It's a PZ (Planning & Zoning) item, ordinance on first reading. It is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Sir, good to see you again. State your name and address for the record. Darrell Roberts: Commissioners, my name is Darrell Roberts. My address is 1825 Northwest 5th Place. I seem to be (UNINTELLIGIBLE) about this issue with Overtown. You say that we're going to have affordable housing. What about low-income housing as well? It's kind of (UNINTELLIGIBLE) when you say affordable housing. Affordable housing not necessarily mean for low-income housing. We talking about -- Ms. Dougherty: This is going to be low-income -- Mr. Roberts: -- low-income housing? Ms. Dougherty: -- affordable housing, yes. Mr. Roberts: Low-income housing, and how low are we talking about as far as rent and --? Ms. Dougherty: This is going -- Commissioner Spence -Jones: The tax -- this -- when you say tax -- Ms. Dougherty: Tax credit. Commissioner Spence -Jones: -- credit -based projects, so -- Ms. Dougherty: Correct. Commissioner Spence -Jones: -- which means not only are we talking about purchasing -- Ms. Dougherty: No. We're talking about rental. Commissioner Spence -Jones: -- talk about strictly -- Ms. Dougherty: Only rental. Commissioner Spence -Jones: -- rental, so rents can -- remember the building you made reference to -- Mr. Roberts: Yeah. Commissioner Spence -Jones: -- off of 7th Avenue and 5th Street? Mr. Roberts: Right. Commissioner Spence -Jones: It's those type of projects. Mr. Roberts: OK. All right. Thank you. Bernadette Armand: Good evening. Can you be more specific about two things? It's not my comment, just a question, or a point of clarification. Ms. Thompson: I'm sorry. I need your -- City ofMiami Page 113 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Ms. Armand: I'm sorry. Bernadette Armand, 1633 Northwest 3rd Avenue. My questions are two. One, when you say that lot's going to be affordable housing, is it all of the blocks are going to be affordable housing? Ms. Dougherty: All of it. Ms. Armand: OK, and so the other question is, the kind of affordable housing. I'm not sure you were specific enough. Ms. Dougherty: Low-income -- Ms. Armand: Can you -- Ms. Dougherty: -- affordable -- Ms. Armand: -- low rental? Ms. Dougherty: -- tax -- Commissioner Spence -Jones: Tax credit. Ms. Dougherty: -- credit housing. Ms. Armand: Rental housing -- Ms. Dougherty: Correct. Ms. Armand: -- and what's the price range of those units? Because, otherwise, we don't really know because a lot of times, low income is people who make 150 percent of the median or 120 percent of the median. It'll be useful to know what you mean by low income in rent dollars. Commissioner Spence -Jones: I can give you some help, or either Linda, if you -- I mean, sorry, Commissioner Haskins could. Just as an example, the -- Vice Chairman Sanchez: It's based on their income. Commissioner Spence -Jones: -- right. It's based -- you want to --? Vice Chairman Sanchez: No. It's just it's based on your income. You could go 500, 600, 700, around there. Ms. Armand: You mean, like HUD (Department of Housing and Urban Development) guidelines? Vice Chairman Sanchez: No, no. You got to -- I'm sorry. I apologize. Ms. Armand: Based on your income like using HUD guidelines, or what (UNINTELLIGIBLE) -- anybody could apply, no matter what their income, and it'll be like 30 percent of their income, or how's that --? Commissioner Haskins: It's using the federal guidelines for affordable housing tax credits, which I believe is 60 to -- Ms. Dougherty: Yep. City ofMiami Page 114 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Commissioner Haskins: -- 80 percent of the -- Commissioner Spence -Jones: Eighty percent of median income. Ms. Armand: OK -- Commissioner Haskins: -- median income, area -wide median income. Ms. Armand: -- and when you apply, they -- you give them your income. If you're on a fixed income, for example, do they take a percentage -- it's based on a per -- like 30 percent of your income, when they're deciding how much you're paying -- Ms. Dougherty: Yes. It is -- Ms. Armand: -- in your rent? Ms. Dougherty: -- based on your income, and by the way, my client has also taken the names of the people and the residents of Overtown to assure, to the best he can, that they would get first priority. Ms. Armand: OK. Commissioner Regalado: But the federal standards is the third of what you get monthly; that's the HUD -- the federal government standard is you pay rent the third of your monthly income, regardless of -- Vice Chairman Sanchez: They subsidize the rest. Ms. Armand: Great. Commissioner Regalado: -- whatever that is, and the other question is, is it a lottery to access -- to buy or no? Ms. Dougherty: No. There's no lottery. It's not -- Commissioner Regalado: Or rent? Ms. Dougherty: -- a purchase. It's a rental -- Commissioner Spence -Jones: They're rent. Ms. Dougherty: -- only. Commissioner Spence -Jones: They're rentals. Commissioner Regalado: For renting? Ms. Dougherty: Only renting. Commissioner Regalado: But I mean, is it a lottery or just a waiting list? Ms. Dougherty: Just a waiting list. Commissioner Regalado: Oh. City ofMiami Page 115 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Ms. Armand: How many units will it be in total on the five lots there? Ms. Dougherty: That has not been -- we don't have the plans yet. We're in discussion with affordable housing developers right now, but any plans will have to come back to the City. Ms. Armand: OK. Commissioner Regalado: But one question. Area residents will have an advantage over -- Ms. Dougherty: Yes. Commissioner Regalado: -- other applicants, and the reason is because, as you all know, trailer parks are going, going, and gone. There's one on -- a very huge trailer park now in Flagler and 98th, and they're going to close down, and these people are looking for rental, and the rental inventory is nonexistent here in Miami -Dade County now, especially in the City ofMiami, so the area residents should have -- Ms. Dougherty: And there's even less now 'cause even Arena Towers is going to -- Vice Chairman Sanchez: All right. Ms. Dougherty: -- condo. Vice Chairman Sanchez: All right. Listen, we've got to get going on this. I mean -- Commissioner Spence -Jones: So we have a -- do we have any more public comment on this before we --? Because I do have some statements that I -- you have a public comment? I'm sorry. Vice Chairman Sanchez: All right. Commissioner Spence -Jones: It's two of y'all coming, huh? As long as it's not contagious. Chelsa Arscott: Good evening, Commissioners. Chelsa Arscott. I'm a resident/property owner in Overtown at 410 Northwest 19th Terrace, and basically what I have provided for you is a copy of my responses to the zoning analysis that was included in the zoning package, which identified the reasons why Planning -- the Planning Department was recommending denial, so it's just my responses as to why it should be a reversal and actually an approval, and I don't want to take up too much of your time, but I wanted to put in the record a summary of my comments. Basically, the problem that I see that is preventing development in Overtown and impairing the zoning application is lack of urgency from the City staff which is in direct contradiction to the mission and goals of the existing entity, the CRA, that oversees redevelopment efforts in the Overtown neighborhood. This area, which these parcels are part of are located within the CRA boundaries -- well, basically, I'm in support of this project. Again, it's bringing affordable housing into the community. As mentioned, the existing rental units, like the Arena Tower, has been converted to like the Madison, so there's even less affordable -- well, less rental, I should say, in the area, and there is an urgent need for affordable housing. If you look at the old CRA plans and even this new plan that was approved by the City, the CRA, and the County, it's very, very clear on what's needed, and it is affordable housing, and this project will bring that into the neighborhood. Commissioner Spence -Jones: Thank you. Ms. Arscott: Thank you. City ofMiami Page 116 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: All right. Max Rameau: Max Rameau, 810 Northwest 47th Terrace. I want to know two questions. One is why was it -- why were, I guess, three out of the five proposals rejected from the Planning Board? Ms. Dougherty: The Planning Board recommended approval. The Planning staff I think, had a concern about the height. Mr. Rameau: And -- but I thought you said there was no proposed height already? Ms. Dougherty: No, but -- Mr. Rameau: Is there a proposed height? Ms. Dougherty: -- what could be built, and my response to that is, under the SD-16 ordinance, every building or project has to come to the City for approval. Mr. Rameau: So staffs suggestion was specifically because of height? Ms. Dougherty: Correct. Mr. Rameau: OK, and then second question is, at the risk of sounding questioning or not trusting, are we going to be able to get any of this in writing that this is going to be used for -- Ms. Dougherty: Yes. Mr. Rameau: -- affordable housing, and what the --? Ms. Dougherty: We could do that for -- in writing, but also let me tell you the other safeguard you have. Under this SD-16 ordinance, any project has to come back to the City, and if we don't come back with an affordable housing project, they're going to be awfully mad at us. Vice Chairman Sanchez: All right. This is first reading. We could get through it. It'll come back on second reading, and we could have more debate on it. The reason why I'm asking you that is we have plenty of other PZ items that are on board; some are going to be controversy, and I think we do a tremendous injustice when we're here at 2 or 3 o'clock in the morning on PZ items. That's always been my position. I don't want to be here past 11, so a lot of these items that are just on first reading, if we could just get through them, pass them for now. Well get them at the next meeting. We'll debate them more. Commissioner Spence -Jones: With all due re -- I'm sorry, Mr. Chairman. I'm going to wait until you finish. I want to wait until you finish your statement. Vice Chairman Sanchez: No, no. I'm done. I'm done. Commissioner Spence -Jones: OK. With all due respect, I definitely want to do that because I know that we don't want to be here all night, but I think it's also important for me to at least communicate to the folks that are actually doing the project, and also the folks that actually came out to support the project. First of all, I want to commend you for doing -- making these projects, and I'm going to speak to the -- I'm just going to handle them all in one fell swoop, OK. I want to commend you on at least moving in the direction of creating an affordable housing in that particular area. I wanted to ask you, though, when, you know -- if we vote tonight and we agree to do that and move the -- pass the first reading, are any of these developments going to City ofMiami Page 117 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 include any kind of retail on the bottom of them as a part of it, too, to provide jobs to the area, or is this strictly just going to be housing? Ms. Dougherty: I think -- Commissioner Spence -Jones: Is it going to be a mixed use like -- Ms. Dougherty: It's -- all of -- Commissioner Spence -Jones: -- retail on the bottom and -- Ms. Dougherty: Your zoning -- Commissioner Spence -Jones: -- housing up top? Ms. Dougherty: The ordinance that you're going to be permitting us -- if you -- if we have your favorable vote, does allow it, and we would include it. Commissioner Spence -Jones: OK. It would include it. OK I also want to make sure that also put on the record that -- I know that we talked about rental -- affordable rental projects being a part of it. I think that because 1st Avenue, that area, there's a lot of things that we're working on with the CRA to create the Overtown Folk Life District, that it'll be really important that we do have some sort of mix housing happening as a part of it. I mean, I like to see the -- of course, the majority of it be rental, butl think it's also important to have homeownership in that piece too, so I would like for -- you know, I'm going to go ahead and move all of -- Do I have to move each single -- I have to go through each one? Mr. Fernandez: Yes. Ms. Thompson: Yes. Vice Chairman Sanchez: Yes. Mr. Fernandez: You need to go through -- Vice Chairman Sanchez: Let's close the public hearing. The public hearing is closed. It comes back to the Commission. Commissioner Spence -Jones: I thought the -- yeah. Vice Chairman Sanchez: Is there a motion to approve PZ.12? Commissioner Spence -Jones: There's a motion to approve P -- Vice Chairman Sanchez: PZ.12 -- Commissioner Spence -Jones: -- PZ.12. Vice Chairman Sanchez: -- on first reading. Is there a second? Commissioner Haskins: Second. Vice Chairman Sanchez: Second by Commissioner Haskins. The item is under discussion. Hearing no discussion on the item, Mr. City Attorney, read the ordinance into the record, followed by a roll call on first reading. City ofMiami Page 118 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Sanchez: Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.13 05-01536a ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 23, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "SD-16.1" SOUTHEAST OVERTOWN-PARK WEST COMMERCIAL -RESIDENTIAL DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1200 NORTHWEST 1ST AVENUE AND 115 NORTHWEST 12TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-01536a Legislation.pdf 05-01536 & 05-01536a Exhibit A.pdf 05-01536a Analysis.pdf 05-01536a Zoning Map.pdf 05-01536 & 05-01536a Aerial Map.pdf 05-01536a ZB Reso.pdf 05-01536a Application & Supporting Docs.pdf 05-01536a FR Fact Sheet.pdf 05-01536a Submittal Sect. 163.335 FL. Statutes.pdf First Reading LOCATION: Approximately 1200 NW 1st Avenue and 115 NW 12th Street APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Royal Palm Miami Downtown, LLC 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 05-01536 and related File IDs 05-01536b, 05-01536c, 06-003571u and 06-00357zc. PURPOSE: This will change the above properties to SD-16.1 Southeast Overtown-Park West Commercial -Residential District. Motion by Commissioner Spence -Jones, seconded by Commissioner Haskins, that this matter be PASSED ON FIRST READING PASSED by the following vote. City ofMiami Page 119 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Votes: Ayes: 4 - Commissioner Haskins, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Vice Chairman Sanchez: All right. We move on to PZ.13. It's an ordinance also on first reading. It's a companion from PZ.12. Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: All right. There's a motion. Commissioner Haskins: Second. Commissioner Spence -Jones: Oh, we have to do it again? Vice Chairman Sanchez: It's OK. There's a motion. There's a second. The motion is made by Commissioner Spence -Jones, or Commissioner Spence -- Commissioner Spence -Jones: Payne. Vice Chairman Sanchez: -- Payne. Jorge L. Fernandez (City Attorney): Payne. Commissioner Haskins: (UNINTELLIGIBLE). Vice Chairman Sanchez: Commissioner Haskins -- all right. There's no further discussion on the item. Mr. City Attorney, read the ordinance into the record on first reading, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Sanchez: All right. Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.14 05-01536b ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1129, 1135, 1145, 1151 & 1159 NORTHWEST 1ST COURT, 1150 NORTHWEST 1ST AVENUE, 100 NORTHWEST 12TH STREET AND 105 & 113 NORTHWEST 11TH TERRACE, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading City ofMiami Page 120 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 05-01536b Legislation.pdf 05-01536b & 05-01536c Exhibit A.pdf 05-01536b Analysis.pdf 05-01536b Land Use Map.pdf 05-01536b & 05-01536c Aerial Map.pdf 05-01536b School Impact Review Analysis.pdf 05-01536b PAB Reso.pdf 05-01536b Application & Supporting Docs.pdf 05-01536b FR Fact Sheet.pdf 05-01536b Submittal Sect. 163.335 FL. Statutes.pdf LOCATION: Approximately 1129, 1135, 1145, 1151 & 1159 NW 1st Court, 1150 NW 1st Avenue, 100 NW 12th Street and 105 & 113 NW 11th Terrace APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Royal Palm Miami Downtown, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 21, 2005 by a vote of 5-2. See companion File ID 05-01536c and related File IDs 05-01536, 05-01536a, 06-003571u and 06-00357zc. PURPOSE: This will change the above properties to Restricted Commercial. 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 Haskins, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Vice Chairman Sanchez: All right. PZ.14 is a companion -- Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: All right. It's an ordinance on first reading. Commissioner Haskins: Second. Vice Chairman Sanchez: There's a motion by Commissioner -- Commissioner Haskins: Second. Vice Chairman Sanchez: -- Spence -Jones, second by Commissioner Haskins. The item is up for discussion. Hearing no discussion, Mr. City Attorney, read the ordinance on first reading into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. City ofMiami Page 121 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 PZ.15 05-01536c 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 "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "SD-16.1" SOUTHEAST OVERTOWN-PARK WEST COMMERCIAL -RESIDENTIAL DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1129, 1135, 1145, 1151 AND 1159 NORTHWEST 1ST COURT, 1150 NORTHWEST 1ST AVENUE, 100 NORTHWEST 12TH STREET, AND 105 AND 113 NORTHWEST 11TH TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 05-01536c Legislation.pdf 05-01536b & 05-01536c Exhibit A.pdf 05-01536c Analysis.pdf 05-01536c Zoning Map.pdf 05-01536b & 05-01536c Aerial Map.pdf 05-01536c ZB Reso.pdf 05-01536c Application & Supporting Docs.pdf 05-01536c FR Fact Sheet.pdf 05-01536c Submittal Sect. 163.335 FL. Statutes.pdf LOCATION: Approximately 1129, 1135, 1145, 1151 and 1159 NW 1st Court, 1150 NW 1st Avenue, 100 NW 12th Street, and 105 and 113 NW 11th Terrace APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Royal Palm Miami Downtown, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended of approval to City Commission on January 23, 2006 by a vote of 8-0. See companion File ID 05-01536b and related File IDs 05-01536, 05-01536a, 06-003571u and 06-00357zc. PURPOSE: This will change the above properties to SD-16.1 Southeast Overtown-Park West Commercial -Residential District. 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 Haskins, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Vice Chairman Sanchez: Now PZ.15 and 16 are separate, so the Administration. Jorge L. Fernandez (City Attorney): No. You need to do 15, which was companion to 14, and then 16 and 17 are companions. Vice Chairman Sanchez: I am so sorry. City ofMiami Page 122 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Mr. Fernandez: Yes. Vice Chairman Sanchez: All right. PZ.15, is there a motion? Commissioner Spence -Jones: So move. Mr. Fernandez: We just did 15. You need to do -- now 15, you're correct; 15 comes now. Vice Chairman Sanchez: You got -- Mr. Fernandez: 15. Vice Chairman Sanchez: -- me all confused. I'm already confused. Mr. Fernandez: No, no, no. You were right; I was wrong. Vice Chairman Sanchez: All right. PZ.15 is an ordinance on first reading. We need a motion on that. Commissioner Spence -Jones: So moved. Commissioner Haskins: Second. Vice Chairman Sanchez: There's a motion by Commissioner Spence -Jones, second by Commissioner Haskins. The item is under discussion. Hearing no discussion on the item, it's a resolution [sic]. Read it in the record. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Sanchez: Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.16 06-00357Iu ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION FOR THE APPROXIMATE 0.12± ACRES OF PROPERTIES LOCATED AT APPROXIMATELY 1000, 1012 AND 1022 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, FROM "HIGH 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. First Reading City ofMiami Page 123 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 06-003571u - PAB Fact Sheet (Revised).pdf 06-003571u - Analysis (Revised).pdf 06-003571u - Concurrency Report (Revised).pdf 06-003571u - Comp Plan Map (Revised).pdf 06-003571u - Zoning Map (OId).pdf 06-003571u - Aerial Photo (Revised).pdf 06-003571u - PAB Legislation (Revised).pdf 06-003571u - Application Documents (Revised).pdf 06-003571u PAB Reso.pdf 06-003571u CC Legislation.pdf 06-003571u CC Exhibit A.pdf 06-003571u CC FR Fact Sheet.pdf 06-003571u Submittal Sect. 163.335 FL. Statutes.pdf LOCATION: Approximately 1000, 1012 and 1022 NW 1st Avenue APPLICANT(S): Lucia A. Dougherty, on behalf of Royal Palm Miami Downtown, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 17, 2006 by a vote of 8-0. See companion File ID 06-00357zc and related File IDs 05-01536, 15-01536a, 05-01536b and 05-01536c. PURPOSE: This will change the above properties to Restricted Commercial. 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 Haskins, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Vice Chairman Sanchez: Now PZ.16 and 17 will be presented now by the Administration. Roberto Lavernia (Chief of Land Development, Planning Department): Yes, sir. The two items are different. The item 16 include three addresses, and item PZ.17 is only one address. Vice Chairman Sanchez: All right. Let's do them separate. Let's do PZ.16. Mr. Lavernia: But are the same property. The problem is that two lots were change the zoning and never change the land use, so there was a discrepancy between the comp (comprehensive) plan and the zoning that we're correcting with this amendment -- Vice Chairman Sanchez: OK. Mr. Lavernia: -- so we're doing the three property with the same land use designation and zoning designation. Vice Chairman Sanchez: OK. Mr. Lavernia: That's what I want to put on the record, the addresses and the petition; 1000, 1012, 1022 Northwest 1st Avenue, for the land use. The recommendation is for approval because this is from high density residential to restricted commercial. We have the same height restrictions, so we don't have the concern that we had in the previous items, and second, because this is going to correct this scrivener's error that was in the application, so for the land use, City ofMiami Page 124 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 we're recommending approval. For the zoning change, it's only for 1022 Northwest 1st Avenue. The change is from a high density residential -- Vice Chairman Sanchez: But that's 17. That's PZ.17. Mr. Lavernia: 17. Vice Chairman Sanchez: Let's do it separately. Let's do 16, and then we'll do 17. Mr. Lavernia: OK. Vice Chairman Sanchez: All right, so we don't -- All right. Is there any opposition on PZ.16? Hearing none, seeing none, the public hearing is closed -- Commissioner Spence -Jones: So move. Vice Chairman Sanchez: -- back to the Commission. Commissioner Haskins: Second. Vice Chairman Sanchez: There's a motion by Commissioner Spence -Jones for approval on first reading, PZ.16. There's a second by Commissioner Haskins. The item is under discussion. Hearing no discussion on the item, Mr. City Attorney, could you read it into the record, followed by a roll call. Jorge L. Fernandez (City Attorney): Yes. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.17 06-00357zc ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 23, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL TO "SD-16" SOUTHEAST OVERTOWN-PARK WEST COMMERCIAL -RESIDENTIAL DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1022 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading City ofMiami Page 125 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 06-00357zc Analysis.pdf 06-00357zc ZB Zoning Map.pdf 06-00357zc CC Zoning Map.pdf 06-00357zc ZB Aerial Map.pdf 06-00357zc CC Aerial Map.pdf 06-00357zc Application & Supporting Docs.pdf 06-00357zc ZB Fact Sheet.pdf 06-00357zc ZB Reso.pdf 06-00357zc Legislation.pdf 06-00357zc CC Exhibit A.pdf 06-00357zc CC FR Fact Sheet.pdf 06-00357zc Submittal Sect. 163.335 FL. Statutes.pdf LOCATION: Approximately 1022 NW 1st Avenue APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Royal Palm Miami Downtown, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on June 26, 2006 by a vote of 7-1. See companion File ID 06-003571u and related File IDs 05-01536, 05-01536a, 05-01536b and 05-01536c. PURPOSE: This will change the above property to SD-16 Southeast Overtown-Park West Commercial -Residential District. 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 Haskins, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Vice Chairman Sanchez: All right. Let's do the zoning change, which is PZ.17. It's also on first reading. Roberto Lavernia (Chief of Land Development, Planning Department): Yes. It's only one lot at 1022 Northwest 1st Avenue. The change of zoning is from R-4 to SD-16, which is the equivalent. The recommendation is for approval too. Vice Chairman Sanchez: All right. It's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Is there a motion? Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: Motion by Commissioner Spence -Jones, second by Commissioner Haskins? You second. The item is open for discussion. Hearing no discussion on the item, Mr. City Attorney, read the ordinance on first reading into the record. Jorge L. Fernandez (City Attorney): Yes. The Ordinance was read by title into the public record by the City Attorney. City ofMiami Page 126 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: All right. Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Vice Chairman Sanchez: Commissioner -- Ms. Thompson: The or -- Vice Chairman Sanchez: -- Spence -Jones, you're recognized. Just state what you have to state for the record. Ms. Thompson: OK. The ordinance has been passed on first reading, 4/0. Commissioner Spence -Jones: Lucia, Lucia. Is she gone already? Just two seconds. I -- if you could just step to the mike, and the owner of the property, if they could step to the mike. I see Greg. I just want to say, first of all, once again, commending you for making this step to include -- 1st Avenue is a very important avenue to consider really definitely putting affordable housing there. I want to make sure that, when you come back for the next reading in September, we have something physical to really look at because today I had a difficult time in the beginning supporting something that you just can't see, but the mere fact that you even made the commitment to want to do that, I would -- that made me open to at least go ahead and pass it on the first reading. I want to also commend Greg, another young person, for everything that he's doing on 1st Avenue. A lot of those vacant lots, cleaning them up, making them look better, being a responsible owner in the area, and making sure that the current residents that are living in those spaces, trying to at least upgrade the properties that they're currently living in. I would want to make sure that there's some sort of relocation plan available and put in place so that if anything happens to those existing lots -- I know the one on loth StreetI have a big concern about because it's nothing but seniors in that building, and the worse thing could ever happen is for them to be displaced and not have anywhere to go, so we will work hard from my -- from both hats, from this hat and from the Chair -- from the Chair's hat, as the CRA, since that is in the CRA district, to work with you to not make it such a burden on you, and that's what government needs to do. If you're going to take the steps to try to provide affordable housing to folks in the area, we need to try to step in to assist you with doing that, and I just want to make sure that you know, for the record -- and I know. I see you over there. Vice Chairman Sanchez: If you want to get out of here by 12, you have to help me out -- Commissioner Spence -Jones: We're leaving, we're leaving. Vice Chairman Sanchez: -- sweetheart. Commissioner Spence -Jones: OK, we're going. I just want to say -- I want you to at least leave it open too for them not to be all rental properties. I think that we need to have a mix, and I say - - I keep saying it over -- in order to have a viable community, you need to have a little bit of workforce. You need to have a little bit of rentals. You need to have a little bit of -- I just want to make sure you come back with something mixed -- Unidentified Speaker: We will. Commissioner Spence -Jones: -- because I don't want to create also, you know, a worse situation, so I just want to make sure that -- Vice Chairman Sanchez: All right. City ofMiami Page 127 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Ms. Dougherty: We will -- Commissioner Spence -Jones: -- you know that I'm open to that. Vice Chairman Sanchez: All right. Ms. Dougherty: -- come back with something -- Vice Chairman Sanchez: Moving along. Ms. Dougherty: -- much more concrete. Commissioner Spence -Jones: Thank you. Vice Chairman Sanchez: All right. Thank you. Unidentified Speaker: Thank you very much. PZ.18 06-00615Iu1 ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 1701, 1801, 1825 AND 1851 DELAWARE PARKWAY, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL", "SINGLE FAMILY RESIDENTIAL" AND "OFFICE" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-006151u1 - PAB Fact Sheet.pdf 06-006151u1 - Analysis.pdf 06-006151u1 - Concurrency Report.pdf 06-006151u1 - Comp Plan Map.pdf 06-006151u1 - Zoning Map.pdf 06-006151u1 - Aerial Photo.pdf 06-006151u1 - PAB Legislation.pdf 06-006151u1 - Application Documents.pdf 06-006151u1 PAB Reso.PDF 06-006151u1 Revised School Impact Review Analysis.pdf 06-006151u1 CC Application & Supporting Docs.pdf 06-006151u1 CC Legislation.pdf 06-006151u1 & 06-00615zc1 Exhibit A.pdf 06-006151u1 CC FR Fact Sheet.pdf First Reading LOCATION: Approximately 1701, 1801, 1825 and 1851 Delaware Parkway APPLICANT(S): Simon Ferro, Esquire, on behalf of A+ Mini Storage Airport East, LLC FINDINGS: City ofMiami Page 128 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 5, 2006 by a vote of 8-0. See companion File ID 06-00615zc1 and related File IDs 06-006151u2 and 06-00615zc2. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Miami River Rapids Major Use Special Permit. Motion by Chairman Gonzalez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones Commissioner Spence -Jones: PZ.18. Vice Chairman Sanchez: All right. PZ.18 is the -- Roberto Lavernia (Chief of Land Development, Planning Department): PZ.18 and PZ.19 are companion items. Commissioner Spence -Jones: Are we --? Mr. Lavernia: One is a land use -- Vice Chairman Sanchez: All right. Let's go ahead and go through them. 17. Chairman Gonzalez: I don't think -- Mr. Lavernia: Eight -- Chairman Gonzalez: -- there is any opposition. Commissioner Spence -Jones: Oh, we -- so we moving --? Vice Chairman Sanchez: Oh, wait, wait. It's 18, 19, and 20? Commissioner Spence -Jones: I thought it was 12. Chairman Gonzalez: Yeah, 18 -- Vice Chairman Sanchez: No, no. We'll -- Chairman Gonzalez: --19, and 20. Commissioner Spence -Jones: Are we coming back to it? Vice Chairman Sanchez: No. Well -- Mr. Lavernia: 18 and 19 -- Vice Chairman Sanchez: -- get back to it. Commissioner Spence -Jones: OK. Mr. Lavernia: -- 20 and 21. Vice Chairman Sanchez: See, Commissioner has to leave around -- City ofMiami Page 129 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Commissioner Spence -Jones: Oh, OK. Chairman Gonzalez: 18, 19 -- Vice Chairman Sanchez: -- 6, so we -- Chairman Gonzalez: -- 20 and 21, right? Vice Chairman Sanchez: -- got to get some -- Mr. Lavernia: Yes. Vice Chairman Sanchez: All right, so let's go to 18; 18 is a land use change. Jorge L. Fernandez (City Attorney): Yes, but you -- actually, all four are regarding the same area; 18, 19, 20, 21. You could open all four at the same time, and then take individual -- because anyone speaking to one would presumably speak to all. Vice Chairman Sanchez: All right. Under the advisement of the City Attorney, and for the purpose of these items, let's go ahead and just take them all up at the same time, and that way, all testimony will be brought forth, either by yourself or anyone making testimony on the four items. Sir, you're recognized. Mr. Lavernia: OK. 18 is a future land use map change for south part of the parcel. It's a petition to change from single-family general commercial and office. What is happening in that land is that there is a one foot portion of the parcel parallel to the Delaware Street [sic] that have a different zoning designation than the land that is behind. That's why the designation is like that. This is going to be part of the River Rapid Major Use Special Permit. This is the first reading for the land use and zoning change. We're recommending approval of both item -- of both -- Vice Chairman Sanchez: All right. Mr. Lavernia: -- changes. Vice Chairman Sanchez: Is the -- Mr. Lavernia: Now -- Vice Chairman Sanchez: -- applicant ready? Lucia Dougherty: Yes, Commissioner. Vice Chairman Sanchez: All right. Before we do that, is there any opposition to this item? Mr. Fernandez: Mr. Chairman. Vice Chairman Sanchez: Is there any opposition? Mr. Fernandez: You should allow Roberto to briefly explain to you all four items. Vice Chairman Sanchez: I'll get back to that. I'll get -- Mr. Fernandez: Oh, OK. City ofMiami Page 130 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: -- to that. All right. I just want to state on the record that there is no opposition to this item. Before we turn it over to the applicant, the City staff will put all the proper documentations on the record. Mr. Lavernia: OK. At the north part of the parcel, the land use change is from single-family to C-2, just precisely because of the same reason. This one foot strip of parcel parallel, but the petition is for C-2 instead; previous one was for C-1. The recommendation of the Department is for approval on both cases, too. Vice Chairman Sanchez: So the recommendation is for approval on both cases? Mr. Lavernia: Yes. Vice Chairman Sanchez: OK. Is the applicant ready? All right. You have the floor, ma'am. Ms. Dougherty: Good afternoon, Mr. Chairman, members of the Board. Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm here on behalf of the owners and the applicant. With me is Michael Nunez, as well as Raul Nunez, and I'm also here on behalf of my partner, Simon Ferro, who is the attorney for this applicant. Unfortunately, he was taken to the hospital this morning, and so I'm going to fry to explain this as best I can. Currently, the property is all zoned C-1. However, it has a -- excuse me, C-2, but it has a one foot strip of residential, and a one foot strip of office, so the purpose of this application is actually to unify the site with the exception of this - - we're going to leave C-2 because it is adjacent to a residential neighborhood and has a height limitation of 120 feet. It's a mixed -use project with a variety of units. We have town home units. We have multifamily, mid -rise multifamily units, and some taller units. It is located in Miami, just west -- just south of the Miami River, on 27th Avenue, just west of 27th Avenue. It is not currently an industrial site. It is actually a mini warehouse site. It's not a waterfront industrial site, so with that, I'd urge your approval. Vice Chairman Sanchez: All right. Chairman Gonzalez: Yeah. Mr. Chairman -- Vice Chairman Sanchez: Judy, have you made up your -- Chairman Gonzalez: -- Mr. Vice Chair -- Vice Chairman Sanchez: -- mind whether you're going to --? Have you made up your mind? All right. The public hearing is closed at this time. Commissioner. Chairman Gonzalez: This proposal is in my district. I understand that they met with the community. They had two or three public hearings, so I'm ready to move to approve. Vice Chairman Sanchez: All right. Mr. City Attorney, would you recommend that we approve them separately? Mr. Fernandez: Yes. Vice Chairman Sanchez: All right, so we'll start with -- Mr. Fernandez: 18. Vice Chairman Sanchez: -- PZ.18. PZ.18 is -- where's my --? I got to get in order. City ofMiami Page 131 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Mr. Fernandez: Future land use. Vice Chairman Sanchez: All right. PZ.18 is an ordinance on first reading. We need a motion for approval. Chairman Gonzalez: I'll move it. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: There's a motion by the Chair, second by Commissioner Spence Jones. The item is open for discussion. Any discussion on the item? Hearing none, Mr. City Attorney, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Sanchez: All right. Chairman Gonzalez: Roll call. 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. Vice Chairman Sanchez: Also, for the record, there's a letter of support by the Miami River Commission. Ms. Thompson: Thank -- Vice Chairman Sanchez: Did you get a copy of it that was -- Ms. Thompson: Yes, I did. Vice Chairman Sanchez: -- presented to me? Ms. Thompson: Yes. Vice Chairman Sanchez: All right, so -- Ms. Thompson: The motion -- I'm sorry. Vice Chairman Sanchez: -- we go to -- Ms. Thompson: The ordinance has been passed on first reading, 5/0. Vice Chairman Sanchez: OK. PZ.19 06-00615zc1 ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 26, 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, "0" OFFICE AND "C-2" First Reading City ofMiami Page 132 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 LIBERAL COMMERCIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1701, 1801, 1825 AND 1851 DELAWARE PARKWAY, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00615zc1 Analysis.pdf 06-00615zc1 Zoning Map.pdf 06-00615zc1 Aerial Map.pdf 06-00615zc1 Application & Supporting Docs.pdf 06-00615zc1 ZB Fact Sheet.pdf 06-00615zc ZB Reso.PDF 06-00615zc1 CC Legislation.pdf 06-006151u1 & 06-00615zc1 Exhibit A.pdf 06-00615zc1 CC FR Fact Sheet.pdf LOCATION: Approximately 1701, 1801, 1825 and 1851 Delaware Parkway APPLICANT(S): Simon Ferro, Esquire, on behalf of A+ Mini Storage Airport East, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS: Platting is required. ZONING BOARD: Recommended approval to City Commission on May 22, 2006 by a vote of 7-0. See companion File ID 06-006151u1 and related File IDs 06-006151u2 and 06-00615zc2. PURPOSE: This will change the above properties to C-1 Restricted Commercial for the proposed Miami River Rapids Major Use Special Permit. Motion by Chairman Gonzalez, seconded by Commissioner Haskins, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones Vice Chairman Sanchez: And we move on to PZ.19, which is also an ordinance, also on first reading. Chairman Gonzalez: I'll move to approve PZ.19. Commissioner Haskins: Second. Vice Chairman Sanchez: All right. PZ.19 is a companion to PZ.18. There's a motion by the Chair, second by Commissioner Haskins. The item -- now we've opened it to the public. Do we have to open it again? Jorge L. Fernandez (City Attorney): Well, you -- when you opened it to the public, you opened it on all four -- Vice Chairman Sanchez: All four. Mr. Fernandez: -- items. That's how you started the item. Vice Chairman Sanchez: I just want to make sure that that is on the record -- City ofMiami Page 133 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Mr. Fernandez: Right. Vice Chairman Sanchez: -- because you know people tend to take things out of the record. Mr. Fernandez: Correct. Vice Chairman Sanchez: All right. There's a motion and a second. The item is under discussion from the Commission. Hearing no discussion on the item, Mr. City Attorney, read the ordinance on first reading, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Sanchez: Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. PZ.20 06-006151u2 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 1851 DELAWARE PARKWAY, MIAMI, FLORIDA, FROM "SINGLE FAMILY 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. 06-006151u2 - PAB Fact Sheet.pdf 06-006151u2 - Analysis.pdf 06-006151u2 - Concurrency Report.pdf 06-006151u2 - Comp Plan Map.pdf 06-006151u2 - Zoning Map.pdf 06-006151u2 - Aerial Photo.pdf 06-006151u2 - PAB Legislation.pdf 06-006151u2 - Application Documents.pdf 06-006151u2 PAB Reso.PDF 06-006151u2 Revised School Impact Review Analysis.pdf 06-006151u2 CC Application & Supporting Docs.pdf 06-006151u2 CC Legislation.pdf 06-006151u2 & 06-00615zc2 CC Exhibit A.pdf 06-006151u2 CC FR Fact Sheet.pdf LOCATION: Approximately 1851 Delaware Parkway APPLICANT(S): Simon Ferro, Esquire, on behalf of A+ Mini Storage Airport East, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. City ofMiami Page 134 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 5, 2006 by a vote of 8-0. See companion File ID 06-00615zc2 and related File IDs 06-006151u1 and 06-00615zc1. PURPOSE: This will change the above property to General Commercial for the proposed Miami River Rapids Major Use Special Permit. Motion by Chairman Gonzalez, seconded by Commissioner Haskins, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones Vice Chairman Sanchez: PZ.20 is an ordinance on first reading, also a companion from PZ.18. Chairman Gonzalez: I'll move PZ.20. Vice Chairman Sanchez: There's a motion by the Chair -- Commissioner Haskins: Second. Vice Chairman Sanchez: -- second by Commissioner Haskins. The item is under discussion. Hearing no discussion from the dais, Mr. City Attorney, could you read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Sanchez: All right. Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. PZ.21 06-00615zc2 ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 26, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY RESIDENTIAL TO "C-2" LIBERAL COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1851 DELAWARE PARKWAY, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading City ofMiami Page 135 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 06-00615zc2 Analysis.pdf 06-00615zc2 Zoning Map.pdf 06-00615zc2 Aerial Map.pdf 06-00615zc2 Application & Supporting Docs.pdf 06-00615zc2 Fact Sheet.pdf 06-00615zc(a) ZB Reso.PDF 06-00615zc2 CC Legislation.pdf 06-006151u2 & 06-00615zc2 CC Exhibit A.pdf 06-00615zc2 CC FR Fact Sheet.pdf LOCATION: Approximately 1851 Delaware Parkway APPLICANT(S): Simon Ferro, Esquire, on behalf of A+ Mini Storage Airport East, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS: Platting is required. ZONING BOARD: Recommended approval to City Commission on May 22, 2006 by a vote of 5-2. See companion File ID 06-006151u2 and related File IDs 06-006151u1 and 06-00615zc1. PURPOSE: This will change the above property to C-2 Liberal Commercial for the proposed Miami River Rapids Major Use Special Permit. Motion by Chairman Gonzalez, seconded by Commissioner Haskins, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones Vice Chairman Sanchez: All right. PZ.21 is an ordinance also on first reading, and it's a companion from PZ.18. Chairman Gonzalez: I also move PZ.21 -- Vice Chairman Sanchez: There's a motion by -- Chairman Gonzalez: -- as a companion. Vice Chairman Sanchez: -- the Chair. Is there a second? Second by Commissioner Haskins. Second by Commissioner Haskins. Commissioner Haskins: Second. Vice Chairman Sanchez: All right. The item is under discussion. Hearing no discussion on the item, Mr. City Attorney, read the ordinance on first reading, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. City ofMiami Page 136 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Ms. Thompson: The ordinance has passed on first reading, 5/0. PZ.22 06-00618Iu 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 800, 810, 816 AND 826 SOUTHWEST 7TH STREET AND 720 SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-006181u - PAB Fact Sheet.pdf 06-006181u - Analysis.pdf 06-006181u - Concurrency Report.pdf 06-006181u - Comp Plan Map.pdf 06-006181u - Zoning Map.pdf 06-006181u - Aerial Photo.pdf 06-006181u - PAB Legislation.pdf 06-006181u - PAB Application Documents.pdf 06-006181u PAB Reso.pdf 06-006181u CC Application & Supporting Docs.pdf 06-006181u CC Legislation.pdf 06-006181u & 06-00618zc CC Exhibit A.pdf 06-006181u CC FR Fact Sheet.pdf LOCATION: Approximately 800, 810, 816 and 826 SW 7th Street and 720 SW 8th Avenue APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of 3 BroAmigo, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 17, 2006 by a vote of 8-0. See companion File ID 06-00618zc. PURPOSE: This will change the above properties to Restricted Commercial. Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Haskins, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Vice Chairman Sanchez: PZ.22 and 23. Let's get them out of the way. They're noncontroversial. All right. I'm hoping to get you out of here, folks, and go home to your family, your pets. Roberto Lavernia (Chief of Land Development, Planning Department): Companion -- Commissioner Spence -Jones: Wife. City ofMiami Page 137 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Mr. Lavernia: -- items -- Vice Chairman Sanchez: Wife -- Commissioner Spence -Jones: Husband. Vice Chairman Sanchez: -- husband. Mr. Lavernia: Several lots facing Southwest 7th Street -- Vice Chairman Sanchez: All right. Mr. Lavernia: -- the south side. We recommending it pass and has been granted changes on Southwest 7th Street at the south side because it's not a residential character, and we're recommending approval of the petition, as presented, and the same thing for the zoning change, which is item PZ.23, for same reasons. Vice Chairman Sanchez: All right. Mr. Lavernia: We're also recommending approval. Vice Chairman Sanchez: All right. PZ.22 is an ordinance on first reading, recommended approval by the Planning Department. The PAB (Planning Advisory Board) also recommended approval, 8/0. Madam Applicant, you're recognized, with very limited discussion on the item. Ines Marrero-Priegues: I will go as fast as I can. Good evening, Mr. Chairman, members of the board. For the record, Ines Marrero, with offices at 701 Brickell Avenue, attorney on behalf of the applicants on PZ.22 and 23. As stated by staff this is a rezoning of five lots fronting on Southwest 7th Street. The applicants are also the owners of five lots that have frontage on 8th Street. The application property is outlined in green. The other property that they own is outlined in blue. This request is consistent with the infill, with the policies of your comp (comprehensive) plan, with the vision of Southwest 8th Street. We sup -- just urge your support, and this application will come before you because the SD-25, whatever is developed will probably be a MUSP (Major Use Special Permit), will come before you, and the closing and vacation of Southwest 7th Terrace will also require that the project come before you -- Vice Chairman Sanchez: So no matter what -- Ms. Marrero-Priegues: -- with that -- Vice Chairman Sanchez: -- it ends up -- Ms. Marrero-Priegues: -- that's as fast I can go. Vice Chairman Sanchez: -- in the Commission. Great presentation. This is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Anyone in opposition? Seeing none, hearing none, the public hearing is closed, coming back to the Commission. It's in my district. Could somebody make a motion? Commissioner Spence -Jones: So moved. Commissioner Regalado: Second. Vice Chairman Sanchez: There's a motion by Commissioner Regalado, second by Commissioner Spence -Jones. It's an ordinance on first reading. Mr. City Attorney, read the ordinance into the City ofMiami Page 138 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 record. Jorge L. Fernandez (City Attorney): Yes. The Ordinance was read by title into the public record by the City Attorney. 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 passed on first reading, 4/0. PZ.23 06-00618zc ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 35, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY 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 720 SOUTHWEST 8TH AVENUE AND 800, 810, 816 AND 826 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A", CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00618zc Analysis.pdf 06-00618zc Zoning Map.pdf 06-00618zc Aerial Map.pdf 06-00618zc Application & Supporting Docs.pdf 06-00618zc ZB Fact Sheet.pdf 06-00618zc ZB Reso.pdf 06-00618zc CC Application & Supporting Docs.pdf 06-00618zc CC Legislation.pdf 06-006181u & 06-00618zc CC Exhibit A.pdf 06-00618zc CC FR Fact Sheet.pdf First Reading LOCATION: Approximately 720 SW 8th Avenue and 800, 810, 816 and 826 SW 7th Street APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of 3 BroAmigo, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on June 26, 2006 by a vote of 8-0. See companion File ID 06-006181u. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-25 SW 8th Street Special Overlay District. City ofMiami Page 139 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Motion by Commissioner Regalado, seconded by Commissioner Haskins, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Haskins, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Vice Chairman Sanchez: PZ.23 is a zoning change. It's an ordinance on first reading. Commissioner Regalado: Move it. Vice Chairman Sanchez: There's a motion by -- Commissioner Haskins: Second. Vice Chairman Sanchez: -- Commissioner Regalado, second by Commissioner Haskins. Before we do that, it's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission for discussion. Hearing no discussion on the item, Mr. City Attorney, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Sanchez: All right. Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Vice Chairman Sanchez: All right. Ines Marrero-Priegues: Thank you very much. Vice Chairman Sanchez: We're on track. We're doing very well. PZ.24 06-01209zt1 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE III/ SECTION 62-63 ENTITLED "ZONING AND PLANNING/PLANNING ADVISORY BOARD/PROCEEDINGS," TO CHANGE THE VOTING REQUIREMENT FOR PLANNING ADVISORY BOARD RECOMMENDATIONS FOR APPROVAL OF COMPREHENSIVE PLAN ADOPTION, AMENDMENT, MAJOR USE SPECIAL PERMITS OR OTHER MATTERS LISTED IN SAID SECTION, FROM FIVE MEMBERS TO A MAJORITY OF THE MEMBERS PRESENT; CONTAINING A REPEALER PROVISION, PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-01209zt1 - PAB Fact Sheet.pdf 06-01209zt1 - PAB Legislation.pdf 06-01209zt1 CC Legislation (Version 2) OLD.pdf 06-01209zt1 CC FR Fact Sheet.pdf 06-01209zt1 CC Legislation (Version 2) NEW.PDF APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami City ofMiami Page 140 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Discussed on July 19, 2006. PURPOSE: This will eliminate the requirement of obtaining five affirmative votes for the passage of any item presented to the Planning Advisory Board. Motion by Commissioner Sanchez, seconded by Commissioner Haskins, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Haskins and Spence -Jones Noes: 1 - Commissioner Regalado Absent: 1 - Commissioner Sanchez Chairman Gonzalez: All right. Mr. City Attorney -- Jorge L. Fernandez (City Attorney): Yes. Chairman Gonzalez: -- you want to go to PZ.24 and 25? Mr. Fernandez: Yes. We're ready to do that, and also, at the same time that you consider 24 and 25, we would like to ask your indulgence and allow us to introduce to you a new ordinance that we have prepared, and the legal opinion that gives rise to the presentation on first reading of this ordinance. Chairman Gonzalez: All right. Commissioner Spence -Jones: Mr. City Attorney, are we not --? Mr. Fernandez: Yes. On item 24 and 25, these are the ordinance that the City Commission asked us to prepare changing the voting requirements of the Planning Advisory Board and of the Zoning Board. They have nine members. We -- the amendment consists that quorum is five, and that an item carries if the majority of those present -- Chairman Gonzalez: All right. Mr. Fernandez: -- vote, so if there is five, there is a quorum, and if three of those five vote, the item carries, which is -- Chairman Gonzalez: All right. Mr. Fernandez: -- not the way presently -- Chairman Gonzalez: Very good. Mr. Fernandez: -- you have it, but it's desire of the Commission and both for the Planning Advisory Board and for the Zoning Board, that is the way that those items are changing. Chairman Gonzalez: All right. This is also a public hearing. Anyone from the public that wants to speak on this item, please come forward. Judy Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I object to turning -- changing the rules for the votes the way they're counted on the Zoning Board and the PAB (Planning Advisory Board). I very often participate in these hearings and speak at these meetings, and I've seen how the votes work, and I think that it will encourage a change in the Zoning Board and City ofMiami Page 141 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 PAB hearings that will make them useless, and their way of hearing and deciding on matters and the voting should be preserved as it is. Chairman Gonzalez: All right. Ms. Sandoval: I'm sure that you don't wish to cut the rug out from under them as being an effective body for -- to advise you. Thank you. Chairman Gonzalez: Thank you. All right. Mr. -- anyone else from the public? Seeing none, hearing none, the public hearing is closed. Mr. City Attorney, read the ordinance, please. Mr. Fernandez: Yes. The Ordinance was read by title into the public record by the City Attorney. Mr. Fernandez: That is item 24. Chairman Gonzalez: All right. We need a motion and a second. Vice Chairman Sanchez: So move. Commissioner Haskins: Second for purpose of discussion. Chairman Gonzalez: All right. We have a motion and we have a second. Discussion. You're recognized, Commissioner Haskins. Commissioner Haskins: Mr. City Attorney, I have a question. Does this substantively change what the PAB or the Zoning Board is authorized to do? That is, are there still the same protections for citizen participation going from Planning and Zone -- Planning Advisory Board or the Zoning Board to the City Commission? Does this substantively effect that? Mr. Fernandez: Well, the -- yes, it does. The voting changes. Before, for an item to successfully pass the Planning or the Zoning Board, you needed at least five -- Commissioner Haskins: I'm asking does it change -- Mr. Fernandez: Oh. Commissioner Haskins: -- does it interfere with the ability for citizens to participate? Mr. Fernandez: Oh, no, no, no, no, no. In that particular, it doesn't change anything. I'm sorry, ma'am. Commissioner Haskins: So what it does is, currently, if we've -- if something is failed at the Zoning Board for failure to get five affirmative votes -- Mr. Fernandez: Correct. Commissioner Haskins: -- OK, and it now -- that could turn into a pass because you got three out of five votes -- Mr. Fernandez: Correct. Commissioner Haskins: -- but it still comes to the City Commission -- City ofMiami Page 142 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Mr. Fernandez: Always. Commissioner Haskins: -- so it's all -- it -- the change is basically a form change, not a substance change. Mr. Fernandez: Exactly. Commissioner Haskins: OK. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: All right. I'm sorry. Commissioner Regalado. Commissioner Regalado: How many meetings of the Planning and the Zoning Board have been cancelled in the last 12 months because of lack of quorum? Lourdes Slazyk (Assistant Director, Planning): I don't think there have been any that know of. There was a few years ago where we had problems with quorum, butl don't think we've had any cancellations per quorum -- Commissioner Regalado: So we should have done this few years ago -- Ms. Slazyk: Maybe. Commissioner Regalado: -- not now. Ms. Slazyk: We haven't had any in a long time. I can't remember the last one. Commissioner Regalado: So quorum would be three? Mr. Fernandez: No, no, no. Quorum is five because you have nine members -- Commissioner Regalado: OK Mr. Fernandez: -- and then, if there is five members -- Commissioner Regalado: No, no, no, no. If we change the rules -- Mr. Fernandez: Yes. Commissioner Regalado: -- quorum is three. Mr. Fernandez: No. Commissioner Regalado: No. Chairman Gonzalez: No. Commissioner Regalado: Quorum is five. Mr. Fernandez: Correct. Ms. Slazyk: Majority would be -- Commissioner Regalado: OK City ofMiami Page 143 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Ms. Slazyk: -- three. Mr. Fernandez: And then to carry an item, you have majority of those present, or majority of quorum, and that could be as little as three members effectively passing a measure or rejecting a measure. Ms. Slazyk: OK. Commissioner Regalado: But what's the difference between the majority present and the quorum? Mr. Fernandez: Because you don't have an assembly -- you don't have a meeting unless you have quorum -- Commissioner Regalado: Right. Mr. Fernandez: -- so it's the same thing saying quorum or those present. Commissioner Regalado: So the changes that we are doing here is just because of perception because when it comes back to the City Commission with a recommendation, if it fails to have the five votes, it means that it wasn't approved, right? It's about perception. Mr. Fernandez: Well, no -- Commissioner Regalado: It is about perception. Chairman Gonzalez: No. Let me answer that because I'm the proponent of this legislation, and I have to answer to you what -- Commissioner Regalado: OK Chairman Gonzalez: -- because you're asking the questions. The -- Mr. Fernandez: Actually, oftentimes, you would have seven members. Chairman Gonzalez: -- issue is that there had been complaints in my office that people that serve in the board, they come here, they spend all night here, and sometimes, they vote -- four vote in favor of an item, and because they don't have five, their item isn't approved, so there is a frustration among the board members, and they say that why, if the City Commission -- we're five of us sitting in here, all it takes to approve anything in the City, except an emergency ordinance, is three votes. We don't say four of the five have to vote to approve; three, majority, and all we're doing is proposing to change the five vote to a majority vote -- if the requirement of the board would be to have five members present to conduct business. Now -- to have quorum. To approve anything, you will have to have three offive votes. Ms. Slazyk: What happens -- what this ordinance is going to do is reflect to you the proper will of the board below. You have had cases before you that have come in in what I call "technical denials." Let's say you get four votes in favor of your project and one against. That one against means it's a recommendation of -- Chairman Gonzalez: Right. Ms. Slazyk: -- denial to the City Commission, when in reality, four of the members said yes, so this Commission is not hearing the true will of the board below. This amendment will say that City ofMiami Page 144 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 the majority is what rules, regardless of how many of the members are there. You need five for quorum. Usually, we have six, seven, eight. I mean, last PAB, we had nine members there; everybody was there, which means that then it becomes five votes to get it to you -- Chairman Gonzalez: Exactly. Ms. Slazyk: -- because that's the majority, but if only five show up and one person says no, this Commission is not hearing the true will of the board, and that's what this amendment was about, so that you hear the true will of the board, not the one dissention. Commissioner Spence -Jones: So it wasn't about the number of meetings that had been missed and that they weren't able to get quorum. That wasn't the issue. It was really -- it's just about -- Ms. Slazyk: No. This has nothing to do -- Commissioner Spence -Jones: -- not being able to get an item passed -- Ms. Slazyk: -- with -- quorum stays -- yeah. Commissioner Spence -Jones: -- right. Ms. Slazyk: Quorum stays five people. Chairman Gonzalez: Right. Ms. Slazyk: That's not changing. What we're saying is that, regardless of how many members are there, five, six, seven, eight, or nine, the majority is what's going to rule to you. Commissioner Regalado: So what it means is that there will be more favorable recommendations to the City Commission. Chairman Gonzalez: Not necessarily. Ms. Slazyk: It -- no. That depends on the case. What we're saying is you're going to hear the true will of that board, not the dissention. Commissioner Regalado: Well, I don't know, but I think, you know, the problem -- there seems to be no problem with the attendance -- Ms. Slazyk: No, no. Commissioner Regalado: -- so what is the problem? Ms. Slazyk: The problem is that you actually had a case that came before you where the land use recommendation from the PAB was for denial, but not because it was most of the members voting denial. There was four in favor and two against, but because they didn't have five affirmative votes, the recommendation to you was denial. The exact same case had a Major Use on the property. The Major Use recommendation was for approval because that didn't require five affirmative votes, so they're sending you a contradicting message, and it's not really contradicting. It's just contradicting because of that five affirmative vote rule, so here's the PAB telling you "no" to the land use, but "yes" to the MUSP (Major Use Special Permit). Commissioner Regalado: But I think -- well, I really -- I still don't understand it. The Chairman wants to bring this, and I think he has some logic to it. I really don't understand it because it's about perception because we're supposed to read the background material, and someone has to City ofMiami Page 145 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 write that it came with an unfavorable recommendation -- Ms. Slazyk: Yes. Commissioner Regalado: -- because there were only five people and four voted. I mean, hello. It's easy to write -- Ms. Slazyk: And we do that. It's in the reso (resolution). Commissioner Regalado: -- and easy to read. Ms. Slazyk: It is. Commissioner Regalado: It's nighttime, bedtime -- Ms. Slazyk: Yeah. Commissioner Regalado: -- reading material. The other issue that is important is that -- and the City Attorney has to address this. There have been a challenge about some members not being electors in the City ofMiami. Chairman Gonzalez: We're going to be addressing that after we vote on these two items. Mr. Fernandez: Yeah. Commissioner Regalado: OK Mr. Fernandez: That's the third item that said need to -- Chairman Gonzalez: That's the third item. Mr. Fernandez: -- introduce after you vote on this one. Commissioner Regalado: OK, good. Chairman Gonzalez: All right. You read the ordinance, right? Mr. Fernandez: I read number 24. Yes, I did. Chairman Gonzalez: And we had a motion and we had a second for discussion. Any further discussion? Hearing none, Madam Clerk, would you please read -- roll call, please. Priscilla A. Thompson (City Clerk): Roll call. Chairman Gonzalez: I got 15 minutes left. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Commissioner Haskins? City ofMiami Page 146 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Commissioner Haskins: Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: Yes. Ms. Thompson: The ordinance has been passed on first reading, 3/1. PZ.25 06-01209zt2 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ ARTICLE IV/ SECTION 62-93, ENTITLED "ZONING AND PLANNING/ZONING BOARD/PROCEEDINGS," TO ELIMINATE THE REQUIREMENT OF OBTAINING FIVE AFFIRMATIVE VOTES FOR THE PASSAGE OF ANY ITEM PRESENTED TO THE ZONING BOARD; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-01209zt2 - PAB Fact Sheet.pdf 06-01209zt2 - PAB Legislation.pdf 06-01209zt2 CC Legislation (Version 2).pdf 06-01209zt2 CC FR Fact Sheet.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Discussed on July 19, 2006. PURPOSE: This will eliminate the requirement of obtaining five affirmative votes for the passage of any item presented to the Zoning Board. 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 Gonzalez, Haskins and Spence -Jones Noes: 1 - Commissioner Regalado Absent: 1 - Commissioner Sanchez Chairman Gonzalez: All right. PZ.25 is also changing the -- Lourdes Slazyk (Assistant Director, Planning): Right. This is for the Zoning Board. Chairman Gonzalez: -- for the Zoning Board. Ms. Slazyk: Same issue. Commissioner Haskins: So moved. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. Read the ordinance, please. Jorge L. Fernandez (City Attorney): And it is a public hearing, so I imagine that -- City ofMiami Page 147 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Chairman Gonzalez: Right. Mr. Fernandez: -- whoever has -- Chairman Gonzalez: This is also a public hearing. Anyone from the public that wants to address the Commission on this item, please come forward. Good afternoon. Horacio Stuart Aguirre: Good afternoon. Good evening, Mr. Chairman. My name is Horacio Stuart Aguirre, 1910 Northwest 13th Street, in Durham Park, on the Miami River. The Durham Park Neighborhood Association sfrongly shares the concerns of Commissioner Tomas Regalado, and we sfrongly oppose this very antidemocratic measure. Thank you. Chairman Gonzalez: Your opposition has been acknowledged. Meeting -- the public hearing is closed. Mr. City Attorney, read the ordinance. Mr. Fernandez: 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. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Commissioner Haskins? Commissioner Haskins: Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: Yes, ma'am. Ms. Thompson: The ordinance has been passed on first reading, 3/1. PZ.26 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. City ofMiami Page 148 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 06-00441za Legislation (Version 2).pdf 06-00441za Legislation (Version 3).pdf 06-00441za Amended ZB Appeal Letter.pdf 06-00441za ZB Appeal Letter.pdf 06-00441za ZB Reso.pdf 06-00441za February 13, 2006 ZB Transcript.pdf 06-00441za Zoning Administrator Appeal Letter.pdf 06-00441za Fact Sheet 04-27-06.pdf 06-00441za Fact Sheet 06-22-06.pdf 06-00441za Fact Sheet 07-27-06.pdf 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. CONTINUED PZ.27 05-01525a 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 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. City ofMiami Page 149 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 05-01525a Legislation.pdf 05-01525 & 05-01525a Exhibit A.pdf 05-01525a Analysis.pdf 05-01525a Land Use Map.pdf 05-01525 & 05-01525a Aerial Map.pdf 05-01525a & 05-01525b School Impact Review Analysis.pdf 05-01525a PAB Reso.pdf 05-01525a Application & Supporting Docs.pdf 05-01525a FR Fact Sheet 03-23-06.pdf 05-01525a FR Fact Sheet 05-25-06.pdf 05-01525a FR Fact Sheet 06-22-06.pdf 05-01525a Submittal Letter.pdf 05-01525a Submittal Pettition.pdf 05-01525a SR Fact Sheet.pdf 05-01525a Submittal Petition.pdf 05-01525a Submittal Letter El Bisel.pdf 05-01525a Submittal Letter Camacol.pdf Renaissance Pointe 1.2.pdf 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 Haskins, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Sanchez and Spence -Jones Noes: 1 - Commissioner Regalado 12831 Chairman Gonzalez: Now we're ready to move to PZ. 7 -- 27, I'm sorry. Vice Chairman Sanchez: Mr. Chairman, PZ.27, not -- the counsel and also members of the community requested a time certain after 5 o'clock. We are prepared to start. Counsel, are you ready? Unidentified Speaker: Yes. Vice Chairman Sanchez: OK, let's go ahead. I just want to make sure that you are aware that we made it at 5. OK. Roberto Lavernia (Chief of Land Development, Planning Department): 27, 28, and 29 are companion items, so I'm going to introduce the three items as a whole. 27 is the change in the City ofMiami Page 150 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 future land use map for lots facing Southwest 9th Sfreet. The address is 1919, 1927, 1935, 1945, and 1965 Southwest 9th Sfreet. It's a change from duplex residential to restricted commercial. It's part of the Major Use Renaissance Pointe. The lots on 8th Sfreet, north of those property, are under the same ownership, that's why they are proposing the whole project. The recommendation of the Department was for approval, and the Planning Advisory Board recommend denial. In the zoning change item, which is petition for the same lots, from R-2 to C-1, the Planning Department recommend approval; the Zoning Board recommend approval with conditions. Vice Chairman Sanchez: Could we do the same -- could we take all three up at the same time and hear testimony on it? Mr. Lavernia: That's what I'm saying. Vice Chairman Sanchez: OK. Mr. Lavernia: I just presented the first two. Now I'm going to talk about the Major Use Special Permit that includes those two items that read before. For the Major Use, the address is on Southwest 8th Street, so the address is now going to be 1900, 1952 Southwest 8th Sfreet, 1919, 1965 Southwest 9th Sfreet, and 800 Southwest 19th Avenue for the project Renaissance Pointe. The recommendation of the Department is approval with conditions. We have the same conditions that we put on the Major Use, except for in number 11, there are conditions related to design that I'm going to read for the records. Pursuant to design -related comments received by the Planning director, the applicant shall meet the following condition: architectural language chosen shall be compatible with the Latin Quarter and Design Guideline standards for the Latin Quarter. This project came to us and the Planning Department has been working with the applicant, and this is a different thing that they presented originally. There was only one building of 14 floors all the way across with 356 unit. They reduced the amount of unit at 323, and they divide the whole building in three towers with heights 14, 11, and 12 of height. Vice Chairman Sanchez: They reduced -- Mr. Lavernia: They re -- Vice Chairman Sanchez: -- and they divided -- Mr. Lavernia: In three -- Vice Chairman Sanchez: -- into three. Mr. Lavernia: -- towers, yes, sir, and reduced the amount of unit. Also, they include underground parking and town houses facing 9th Street, so -- Vice Chairman Sanchez: The town houses on 9th Street. Mr. Lavernia: Yes, sir, so the Planning Department recommend approval with conditions. Vice Chairman Sanchez: All right. Mr. Lavernia: Thank you. Lucia Dougherty: Good afternoon, Mr. Chairman, members of the Board. With offices at 1221 Brickell Avenue. I am joined this afternoon by -- with Iris (UNINTELLIGIBLE), my colleague, as well as Ralph Velocci, Jorge Morera, andAlbertArisse [sic], who is the principals of the project. This project is actually a project that has been initiated by two young men who actually City ofMiami Page 151 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 grew up and lived in Little Havana, and this is their dream. It's a project that requires a rezoning of a piece of property that is on Southwest -- the whole property is between Southwest 18th Street and Southwest 19th Sfreet, and it is on -- the property -- Vice Chairman Sanchez: Eight. Ms. Dougherty: -- requires a rezoning from R-2 to C-1. Now I've shown you this comprehensive plan map because you can see, along Southwest 8th Sfreet, the depth of the C-1 along here is not unusual. In fact, all the way over here on 29th, on 32nd, and on 34th Court, there is a large section of C-1. In fact, the only place that the C-1 does not have the depth is right here in this little section. This is the Little Havana Historic District over here, and again, the C-1 is -- has a great depth. Now what the architects have done is they've designed a project that has town houses facing the duplex residential across the street on 9th, so all of the parking garage is totally lined with town houses, and the tower is located on Southwest 8th Street; in other words, the height is. There is actually no entrance and exit from the -- onto the property that was the R-2 site, and we did have, originally, a variance, as well. There was a variance to the height district, or the height -- the over -- the upper level setback condition here because this building is not a part of our property, and therefore, you may recall -- you required a upper level setback when you adja -- you're adjacent to an R-2, and this piece of property is not being changed, so (INAUDIBLE) add a upper level setback variance request. We have also withdrawn that, so now this is just a big public plaza on the corner of 19th Avenue and Southwest 8th Sfreet, so it's open to the sky. It's a public plaza, and again, the residences and the height is all on Southwest 8th Sfreet. Again, to reiterate the density which is allowed is 379 units. We had originally proposed 356 units. We reduced it down to 323 units, so it's been a reduction not only from what we had before, but what you could possibly has -- have as a permitted use, so it's 33 less than last time; 56 less than could be permitted at any rate, so this project complies with all of the design guidelines ofMiami 21, insomuch as you don't see a single parking space; it is totally lined. It has low scale on 9th Sfreet, facing the single-family or the duplex residential across the street, and your height is on Southwest 8th Sfreet, so we'd urge your approval of this petition. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. Lazaro Priegues: Hi. My name is Laz Priegues. I live on 1923 Southwest 13th Street. I am here because the president of the Shenandoah Homeowners' Association was in a car crash and he could not make it. He was -- he has been operated at Jackson Memorial Hospital. He asked me to come by. Some of the other members were going to come by later, but this happened a little bit earlier. The vice president is also traveling. We have one question and one big concern. Our concern is if this change in zoning comes into effect, we have been under the impression that the entrance and the exit of the garage would be occurring on 9th Street -- Vice Chairman Sanchez: No, sir. Mr. Priegues: -- which is -- Vice Chairman Sanchez: It will not. Mr. Priegues: That has been changed? Vice Chairman Sanchez: I guarantee you that it won't. Mr. Priegues: OK, because that was our big concern. Ms. Dougherty: It never was. It never was -- City ofMiami Page 152 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: It's not. Ms. Dougherty: -- on 9th Street. Mr. Priegues: Right. Ms. Dougherty: It has always been on 19th Avenue and on 20th Avenue, in the C-1 portion. Mr. Priegues: Well, 19th Avenue is also -- we were concerned about all the fraffic on 19th Avenue. I mean, when you go from 8th Street to Coral Way, I mean, 19th Avenue will turn into an expressway, and we were wondering why is it that this entrance and exit of the building cannot be through 8th Street, which is the normal heavy artery of traffic in that area, and this is our big concern. You know, we have a quiet, single-family residence -- residential neighborhood, and we'd hate for 19th Avenue to turn into an expressway. You have 300 people living in the area, in and out, going all over the place, the Grove, the Gables, so we understand that if you make this change, that you will no longer require the entrance and the exit of the garage through 8th Street, as is logical, but rather, you would impose exfra fraffic burden on 19th Avenue, so we are basically opposed to this. At firstl thought that the 9th -- 9th Sfreet would be a problem, but we're really opposed because of turning 19th Avenue into an expressway, and we urge -- the homeowners association of Shenandoah urges the Commissioners to please consider the residents who have been living there for a long time, and to -- you know, this dream that these two brothers had in Little Havana, well, this could be -- turn out to be our nightmare for the residents who live in Shenandoah, so that's all have to say, and thank you for listening -- Chairman Gonzalez: Thank you. Mr. Priegues: -- to me. Vice Chairman Sanchez: But Mr. Priegues -- Commissioner Regalado: Mr. -- Vice Chairman Sanchez: -- are there any more concerns other than the entrance? Mr. Priegues: I think that's really the big concern. Vice Chairman Sanchez: OK. Commissioner Regalado: Mr. Chairman -- Chairman Gonzalez: Yes, sir. Commissioner Regalado: -- ifI may. To the staff and to Lucia, whenever a major project comes before us in Coral Way or in 27th Avenue, the first and most important condition is to protect the residential area, and Coral Way being 22nd Terrace, and never ever this Commission has allowed entrance on the residential area or exit of the building; always the building exits and enter on Coral Way. I don't understand why this cannot be done on Southwest 8th Sfreet, which, by the way, is the most logical point of access because it's a one-way, four -lane -- a major -- it reaches I-95; it reaches 17th Avenue, 836. Really, I think, you know, that the fact that we have town houses, it's part of protecting the residential ambience of the area, and we do have that on 22nd Terrace, which, by the way, town houses are allowed on R-2. That's what the City Planning & Zoning Department has determined, but having said that, the serious concern that we have in our district and in our -- and I live only a few blocks away from there -- it is the traffic. If you have the traffic exiting on 19 or 20, the most logical turn for the people will be to City ofMiami Page 153 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 get on south on 19, on 20, to get on 22nd, to get on 17, to get Coral Way or US 1. It is -- it would be placing a burden on 19th Avenue, especially because on 19th Avenue, we have Shenandoah High School and Shenandoah Park. That particular area is crowded. Beginning on a school day, that particular area is a nightmare because of the school, both school, Shenandoah Elementary and Shenandoah Middle, and the library; plus, the school on 23rd Avenue, so I don't -- I just wanted to understand why -- Ms. Dougherty: I think the -- Commissioner Regalado: -- cannot be the exit and enter of this building on Southwest 8th Street. Ms. Dougherty: Well, it could have. If we had initially done this -- but the Planning staff always tries to get us not to put entrances and exits on those main arteries, and to go into the side. We also could -- Commissioner Regalado: Because the Planning staff doesn't live in Shenandoah. Ms. Dougherty: Well, I'd have to ask them to describe why -- Commissioner Regalado: Yeah. Well, I mean -- Ms. Dougherty: The fruth of the matter is -- Commissioner Regalado: -- (UNINTELLIGIBLE) -- Ms. Dougherty: -- the -- our -- we have our traffic engineer here who says that it's a very low condition -- Commissioner Regalado: Look, the Planning staff just recommended on a corner on 36Avenue or 37th Avenue, and 30 -- 23rd, denial for a change -- the same change that they're recommending here for approval, and the Planning staff have always been vehemently opposed of not having exit and entering buildings other than Coral Way, and you know, whoever did the plans have to follow the Planning staff so the big question here is why cannot -- I mean, it's so easy. I mean, why piss off a whole area? Ms. Dougherty: We can do it, if that's what the -- Commissioner Regalado: But -- Ms. Dougherty: -- if that's what you're directing us. I mean -- Commissioner Regalado: -- I just want to understand. I just want to understand why you want to direct all the traffic in Coral Way -- on Coral Way and why you don't want Southwest 8th Sfreet, which is a state highway, by the way, four -lane, bigger than Coral Way, to just be the normal conduit of traffic? Mr. Lavernia: Southwest 8th Sfreet, there's a special district that require a Class II Special Permit as part of a Major Use. In Chapter 625.3, "Class II Special Permit, " number 2, it said, "Off-street parking shall not be placed in required yards or required open space adjacent to Southwest 8th Street, and vehicular entrance shall be discouraged along Southwest 8th Street when access from other public right-of-way is available, depending of the nature of the proposed use." If we want to increase the pedestrian activity on 8th Sfreet, we should not interrupt it by -- Commissioner Regalado: So what you -- City ofMiami Page 154 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Mr. Lavernia: -- vehicular fraffic. Commissioner Regalado: -- want to do is divert 300, 400 cars to my home and to these folks' home. That's what you want to do. Mr. Lavernia: The entrance on 19th and 20th are allowed today without any changes because it's in the commercial part of the lot that is facing those avenues. Commissioner Regalado: But there is no building there. I mean, no one here is opposed to the building. No one here is opposed to that beautiful project. I'm just saying, why do you want to direct the traffic on an avenue that has two school, one elementary -- Chairman Gonzalez: I have a question. Commissioner Regalado: -- and one high school in four -- in five blocks? Why do you want to direct the traffic to an area that is completely and absolutely residential? That, I do not understand. Chairman Gonzalez: They don't have -- they don't seem to have an answer. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. Chairman Gonzalez: Are we allowed to request, as a condition, that the entrance and the exit to the parking be throughout 8th Street? It's very simple. Mr. Fernandez: Yes. Chairman Gonzalez: It's very simple. The answer is "yes." All we need to do is just to request it, and that will -- Mr. Fernandez: Now the -- Chairman Gonzalez: -- solve the problem. Mr. Fernandez: Correct. You may do so, notwithstanding the recommendations of staff. The item needs to go back to staff because then they need to still be able to approve the proper points of entrance on Southwest 8th, and perhaps, all the issues relative to cuts that may require State of Florida because Southwest 8th is a state highway, as was already stated, and so while, yes, you may disregard the recommendation of staff, the applicant needs to know that it has to go back to staff for them to find accommodations to see how it could fit within their project, and the criterias [sic] and the standards that staff would still impose. Commissioner Regalado: Coral Way is a state road; 27th Avenue is a state road, and the condition that staff always places on buildings in Coral Way is exit and entering in Coral Way. The condition that staff always places on State Road 27, Unity Boulevard, is exit and entering on 27th Avenue. I don't -- Chairman Gonzalez: All right. Commissioner Regalado: -- know why is it different. I mean, don't we want people walking in Coral Way? We were told we did. We were told we want, so the people that will be walking in Coral Way must be daredevils because they can fight the traffic that comes out the different buildings, and the people that we want walking on Southwest 8th Street must be slower because they cannot fight the fraffic. You know, it's very simple. I mean, no one here is fighting the project. We're fighting -- you know, you have to be equal. You have to -- you can -- we cannot City ofMiami Page 155 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 have a double standard for different projects. I mean, the people here are not fighting the projects. The people here are just fighting for the residential -- to protect the residential area, which is something that no one can complain about it because everybody does that. I mean, they're not asking to build there a different thing that the one plan. They're just asking -- I'm asking something that makes sense, something that the City does in a state road; 376, which is Coral Way, or State Road 27, 27th Avenue, or State Road -- I think it's 842, which is Le Jeune Road. All the buildings in my disfrict in Le Jeune Road, by staff recommendation, needs to exit in Le Jeune Road, so I don't understand. Ms. Dougherty: Mr. Commissioner, I just talked to our traffic engineer, and one of the things he said is that we could design driveways exiting that would only permit people to turn towards Southwest 8th Street. Commissioner Regalado: How do you do that? Ms. Dougherty: You actually design a bollard system where they are required -- they'd have to actually do something very illegal to turn around and go back the other way -- and with signage. Commissioner Regalado: They will do very illegal thing -- Ms. Dougherty: Well -- Commissioner Regalado: -- to turn. Ms. Dougherty: -- I know that, but all I'm saying to you is that we could design something that, you know, unless, you know, they want to take that kind of chance, we could -- Commissioner Regalado: Look -- Ms. Dougherty: -- make it so that only left turns -- Commissioner Regalado: -- like -- Ms. Dougherty: Um -hum. Commissioner Regalado: -- I wasn't here for the first reading. I cannot speak for what (UNINTELLIGIBLE) said. I'm just saying -- Southwest 8th Street and 19th Avenue is part of Commissioner Sanchez disfrict. District 4 begins on the south side of Southwest 9th Street, so the changes that you're proposing will be technically in Commissioner Sanchez, but I think that the discussion that Linda and Michelle had here -- Ms. Dougherty: Um -hum. Commissioner Regalado: -- a few moments ago, and it is important that both district interact because it's only a few feet away, and what I'm telling you is that I cannot support something that can be done, something that can be done. I mean, it's not a hardship. It has been mandated by the Planning Department and all the departments that exit can be done on Southwest 8th Sfreet. I mean, the excuse of that we want more pedestrian friendly Southwest 8th Sfreet is unacceptable because then we will, from now on, start diverting traffic from Coral Way to 22nd Terrace, or 29th Avenue, or whatever, and if you look at all the condo buildings in Coral Way, on 27th Avenue, on Le Jeune Road, all of them exit on the major street. I just do not understand Vice Chairman Sanchez: Mr. -- City ofMiami Page 156 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Commissioner Regalado: -- why is this line of thinking only on Southwest 8th Street. Vice Chairman Sanchez: Mr. Chairman -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- I'd like to listen to the -- Chairman Gonzalez: We have -- Vice Chairman Sanchez: -- residents. Chairman Gonzalez: -- opened the public hearing -- and yes, Mr. City Attorney. Mr. Fernandez: Yeah. The -- I hear a lot of debate amongst yourselves, and my concern is for the integrity of the regulations that we have in place, and you know, Commissioner Regalado's concern is that in one area of the City, certain standards are being applied, and then in another area, other standards are being applied. I think consistency is a critical element to you all, as well as to the development community and the citizens alike, and I think staff has testimony to put into the record as to why the entrances to these garages for these buildings are on Coral Way. There is a rationale for Coral Way and 27th, and perhaps, Lourdes can illuminate. Chairman Gonzalez: All right, but let me address that. There has never been consistency in the City ofMiami in reference to the different neighborhoods in the City ofMiami because what applies to Allapattah doesn't apply to other neighborhoods. What apply to Overtown doesn't apply to other neighborhoods, so don't try to look for consistency in this city government because you will never find it. Mr. Fernandez: We'll con -- Chairman Gonzalez: Disparity, you will find a lot; consistency, probably none. Mr. Fernandez: We continue -- Chairman Gonzalez: Go ahead. Mr. Fernandez: -- to fry. Lourdes Slazyk (Assistant Director, Planning): OK. Just real quick, the different special districts were -- you know, they addressed the concerns of the different areas. On Coral Way, the special district was about protecting the landscaping and the character of Coral Way. The SD-23, which is in Coral Way, is -- reads just like the SD-25 on 8th Street, in that it discourages vehicular ingress and egress on Coral Way. Twenty -Seventh Avenue is different, though, because the original draft of 27th Avenue special district did also discourage the vehicular ingress and egress on 27th Avenue, frying to create a more pedestrian friendly environment. The Commission requested the change to get rid of that and make it encourage the vehicles on 27th Avenue because it wasn't the same pedestrian character as Coral Way and 8th Street, and that came as a result of meetings we had with those neighborhood associations at the time. They felt very strongly that 27th Avenue was not the same character and that the vehicles should come in and out on 27th Avenue to protect their neighborhoods from the vehicular intrusion. That's why that one was different, but Coral Way and 8th Street both only -- you know, it's not prohibited to have the vehicular ingress and egress; it's just discouraged in order to create a more pedestrian friendly frontage -- Commissioner Regalado: I -- City ofMiami Page 157 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Ms. Slazyk: -- and the Commission can absolutely put a condition here that they move that to 8th Street. Commissioner Regalado: -- would agree with you always until I leave this seat, when I booted out of office or retire. I will agree if you name one building in Coral Way that does not have an exit and enter in Coral Way. Ms. Slazyk: The majority of them do because they don't have side -- Commissioner Regalado: Not the majority -- Ms. Slazyk: -- streets. Commissioner Regalado: -- all of them. Ms. Slazyk: I'd have to go look, but if they're not on a corner -- most of them are mid -block conditions. They don't -- if they don't go to the end, they're going to have it on Coral Way because they have no other choice. We can't deny access to their properties. Vice Chairman Sanchez: Look -- Chairman Gonzalez: All right. We're ready to -- Vice Chairman Sanchez: -- can we listen to -- Chairman Gonzalez: -- continue -- Vice Chairman Sanchez: -- the public, please? Chairman Gonzalez: -- with the public hearing because we had a lady standing here for -- Mr. Fernandez: Mr. Chairman -- and before you do that, there are many people that have just come in that have not been sworn in; perhaps this is an appropriate time to swear in everyone who has come in recently. Chairman Gonzalez: Madam City Clerk, will you please swear the witnesses? Priscilla A. Thompson (City Clerk): Any individuals that are in the chambers and you will be testimo -- I'm sorry, giving testimony on PZ (Planning & Zoning) items remaining, and you've not been sworn in, I need you to please stand and raise your right hand, and repeat after me -- I'm sorry, to listen -- to be sworn in. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chairman Gonzalez: All right. Karen Denunzio: OK. Chairman Gonzalez: Good afternoon. Ms. Denunzio: Good afternoon. City ofMiami Page 158 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Chairman Gonzalez: You have two minutes. Ms. Denunzio: My name is Karen Denunzio. I live at 1868 Southwest 17th Terrace. I am vice president of the Miami Shenandoah Neighborhood Association. I just stood -by on a flight from Atlanta, ended my business there, to get here. That's how important this issue is to us. I'm here to represent our board of directors and myself. I would like to go on record that we do not oppose development on Southwest 8th Street. In fact, nothing would please us more than to one day see Calle Ocho thriving with multifamily residences, fine restaurants, successful shops, and our neighboring community frequenting the area. Projects like Renaissance Pointe is an integral part of that vision. Renaissance Pointe can exist now without the zoning change. The fact that the area does not support their economic vision should not influence your decision. The planners of this development should have sought an area that supported their plans without asking the neighborhood to make sacrifices to a change of commercial zoning. C-1 zoning opens up the door to a multitude of intrusions into our neighborhood. It is without saying that the street is starving for improvement, but that's an issue for the City to enforce the zoning and expulsion of illegal activity there. If this change of zoning takes place and the builders are allowed to go higher with more density, then the impact of traffic on Southwest 19th Avenue and 20th Avenue will be tremendous. Southwest 19th Avenue, as we've already been hearing, it's a direct route from Southwest 8th Street to Coral Way. It runs through the heart of Shenandoah. It will end up becoming a main thoroughfare through our quiet neighborhood. Commissioners, last year we came before you with our battle againstALFs (Adult Living Facilities) in Shenandoah. We know that, in your heart, you wanted to support us. We're asking you to show us today, your constituents, that you truly do support your residents and all the neighborhoods. We're asking you to deny a change of zoning. Thank you. Chairman Gonzalez: Thank you. Hi. Albio Castillo: My name is Albio Castillo. I live in 2386 Southwest 5th Street, and I have some questions on zoning issue. Is this building going to comply with the following zonings? (UNINTELLIGIBLE) businesses going to have a minimum of ten parking space, and for the residential, according to the City Charter, is two for the residential, and for visitor, it should be 50 and up. Is this building going to comply with this, or we have to go through parking with the neighborhoods and get towed, which is a very hefty fine? Is this building going to comply whatl just said? Ms. Dougherty: Yes. Chairman Gonzalez: Is that your question? Mr. Castillo: Yes, sir. Chairman Gonzalez: You direct your question through me. The answer is yes -- Ms. Dougherty: Yes. Chairman Gonzalez: -- right? Ms. Dougherty: It complies with all the parking requirements -- Chairman Gonzalez: Your question has been answered. Ms. Dougherty: -- both for the retail -- Chairman Gonzalez: Yes. City ofMiami Page 159 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Ms. Dougherty: -- as well as the residential. Mr. Castillo: And the exits, are they going to be, more or less, you know, complied to? Ms. Dougherty: The which? Mr. Castillo: The in and outs of the -- Chairman Gonzalez: They're work -- Mr. Castillo: -- parking area. Chairman Gonzalez: -- working in that issue now. Mr. Castillo: Thank you. That is all. Chairman Gonzalez: You're welcome. Good afternoon. Maria Pedrajo: Good afternoon. My name is Maria Pedrajo. I live at 1893 Southwest loth Street. I'm not going to repeat most of what they've already said. I'm sorry. I'm not going to repeat most of what they already said. Maria -- Chairman Gonzalez: We appreciate that. Ms. Pedrajo: -- Pedrajo, 1893 Southwest loth Street. The traffic issue is a large issue for us because it does cut right through our neighborhood, and there are children very close by, two blocks down, at Shenandoah Elementary, which are very young children. The other issue is the development itself. It is way too massive for that area. R-2 presently permits -- I'm not sure, what 20 feet of height, 25 feet? C-1 will give them unlimited height. It goes for approximately, I think, nine -- I think it's nine per acre that they can build to 150 units per acre. I just think this is just way, way too large for our neighborhood. Other than that, you know, those are mainly our concerns. Thank you. Chairman Gonzalez: Thank you, ma'am. Jacquelyn Cotarelo Echagarrua: Hello, Commissioners. My name -- Chairman Gonzalez: Hello. Ms. Cotarelo Echagarrua: -- is Jacquelyn Cotarelo Echagarrua, and I live at 1815 Southwest 16th Street. I've been living in the neighborhood for the past 21 years. I -- you know, I can -- I'm going to echo what Karen said, butt want to go ahead and bring up a couple of other issues. If we change the zoning, which concerns me, we're going to set a precedence [sic] to remove -- little by little, it's going to trickle down. We're going to go ahead and remove our current buffer R-2, and we're going to go ahead and have commercial intrusion into our residential neighborhood. That concerns me. Also, the commercial designation would allow for residents in those townhomes to, at some point, open a business. What stops them? It's already a commercial designation. Of course, the increase in traffic, and I don't really think that there're services in place to handle the density. I heard back and forth about covenants; you know, if we allow the zoning, for a covenant. You know, the City ofMiami is not very well-known for enforcing their covenants, or you know, it would be an undue pressure on the residents to go ahead and have to come 20 years later and have to pay for attorneys to enforce a covenant. Again, I welcome development. I think this is great. I'm kind of excited because I wish it were -- you know, it could have our blessing, but I'm very concerned about the C-1 designation, the City ofMiami Page 160 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 traffic. I mean, if you travel -- you mentioned Southwest 8th Street being four; it's three. It's a three -lane, you know, unique arterial. It's only going one way. You're going to have -- I mean, if anybody can stand here and say it's not going to come from the residential area, they're lying, so anyways, I thank you for your time, and I hope you take these things into account, and I know that you want to do the best for the neighborhood, and I hope that you deny the commercial designation. Thank you. Chairman Gonzalez: Thank you. Anyone else? Good afternoon. Julia Muniz: Hi. Good afternoon. My name is Julia Muniz, 2057 Southwest 8th Street. I am here today representing the owners and employees of Doctor's Pharmacy, located at 2057 Southwest 8th Street, a family business established over 40 years ago on 8th Street, right across from the proposed project. Its owners, Ofelia Reyes and (UNINTELLIGIBLE) Nasir (phonetic) asked me to speak on their behalf and to ask you to please approve the project, which they believe is much needed and will be wonderful for the neighborhood. They believe the neighborhood is in much need of capital investment, and they respectfully ask you to consider the positives of the project, most of all the positive impact of those young families moving into the neighborhood, willing to invest their money and live right on 8th Street, and the new businesses that will follow them. Ms. Reyes and Ms. Nasir (phonetic) are so excited about the project that they even volunteered to collect signatures in their pharmacy, collecting over 150 signatures, which I have copies right here, in support of the project from the customers, and most of all -- and most of them that live in the general vicinity. Thank you very much -- Chairman Gonzalez: Thank you. Ms. Muniz: -- and please, they do want you to consider -- Chairman Gonzalez: Thank you. Ms. Muniz: -- the project. Thank you. Vice Chairman Sanchez: All right. Chairman Gonzalez: Yes, sir. Jose Morales: Hi. My name is Jose Morales. I live in 919 Southwest 20th Avenue, and I agree with the project. I think -- Vice Chairman Sanchez: You -- Mr. Morales: Yeah. I agree with -- Vice Chairman Sanchez: Esta favor? Mr. Morales: Yes, I'm favor. Yeah. I don't want to stop the progress, and I think we need to build this in 8th Street where people can walk and go shopping without taking his car and the cars, and I hope one day to see all 8th Street full of buildings and with a good -- very good public transportation where every five minutes people can get a bus, and you know, no -- and this balance. I live right at the corner, so I'm going to have very close to the building, and I know it's going to be more traffic, but it's a balance. We cannot stop the progress, and I want to see the City growing, and I want to see 8th Street full of new business, a lot of people walking, and -- you know, and consuming there, and even that have my house and, you know, those are going to be buildings, I'm in favor of that project. OK. Chairman Gonzalez: All right. City ofMiami Page 161 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Mr. Morales: Thank you. Chairman Gonzalez: Yes, sir. Ms. Denunzio: Can I --? Miguel Soliman: Good afternoon. I'm sorry. Ms. Denunzio: No. I just wanted to ask a question for clarification. If the C-1 zoning is changed, will the project still be able to exist? If it is not changed, if it remains R-2, will the project still be able to exist? Chairman Gonzalez: No. Ms. Dougherty: No. Vice Chairman Sanchez: I don't think so. Chairman Gonzalez: No. Ms. Denunzio: Why not? Chairman Gonzalez: Because the R-2 doesn't -- Ms. Dougherty: Well, because, obviously, you can't have the same FAR (floor area ratio) without it. Ms. Denunzio: But you can have it reduced. You can have a project, correct? Ms. Dougherty: Well, not this project. You asked if this project could be approved, but let me see -- I've got several ways that we could protect against this issue of C-1, if -- when you're -- Ms. Denunzio: You can -- yeah. Ms. Dougherty: -- ready to hear about it. Chairman Gonzalez: All right. Ms. Denunzio: But you can have a project, correct? Ms. Dougherty: A different project, yes. Ms. Denunzio: OK. Thank you. Chairman Gonzalez: Thank you. All right. Yes, sir. Mr. Soliman: Good afternoon. My name is Miguel Soliman. I have a property at 502 Southwest 18th Avenue, and I'm here to urge you to please approve this project. I think it will be a tremendous asset to the area. We want 8th Street to look more and more like Brickell. It's not going to be Brickell, but hopefully, it'll -- it can be better than Brickell. It could be very pedestrian friendly. On Fridays we already have established heritage day, and it's very positive for the area. I'm doing a project, which is approved and already under construction; it's 30 units on that property, 502 Southwest 18th Avenue. I've got young families buying into my project, and they're very enthusiastic with the future of 8th Street, and everybody's very positive. City ofMiami Page 162 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 The area that I've seen -- the change that I've seen in the -- in my immediate area has been incredible since I started the project. When I first started digging the foundations of the projects, you could see on the weekends people drinking, gathering, cursing, saying bad words in the backyards. I once had to call the police. After my project -- I don't know if it's my project bringing something new to the area, but you no longer see that. It's a different atmosphere that a new project will consist, and the folks here that are against it -- against this project, you know, you can still have a project on 8th Street without this, but it's going to be a much smaller project. They're not going to have the ability to spend the kind of money that these people are spending and making a really nice project. You're going to limit them to doing a very basic building, a box. It's going to be C-1. What you're going to be facing on the residential is going to be very ugly. It's going to be a flat wall because they're not going to have the money and the resources that this project will have to bring a positive impact into the area, so I beg you to please consider that. Chairman Gonzalez: All right. Mr. Soliman: You may wind up with something worse, very, very worse than this, and -- Chairman Gonzalez: Your time is up. Mr. Soliman: Yeah -- Chairman Gonzalez: Thank you. Mr. Soliman: -- and ifI may, very positive. Chairman Gonzalez: Thank you. Mr. Soliman: Thanks. Chairman Gonzalez: Yes, Judy. Judy Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I live in Silver Bluff and it's adjacent neighborhood to Shenandoah, and our Silver Bluff Homeowners Association supports the homeowners association of Shenandoah. Where -- I live just next to 27th Avenue, in Mr. Regalado's district, and we fought very hard to get all of the entrances and exits onto 27th Avenue. They wanted to put them in the side streets. It would have ruined our neighborhood, and the traffic that's coming in from Coral Way that does go down the side streets, we've having to put in 25 traffic circles to slow them down because they become racetracks. The entrances and exits to this building should be revised to go on Calle Ocho, and 27th is just as much a pedestrian street and also a state road. I'm very much against -- and Miami Neighborhoods is against rezoning of residential to C-1. It's a very bad precedent, and you don't know what the end result is going to be of this C-1 designation. It could be businesses later on. Also, very high-rise buildings -- and this is still a high-rise -- are very detrimental in appearance and cutting off air and light to the residential buildings behind them. I might add that the people who live in Shenandoah near this proposal have invested for many, many years in buying their properties and improving them and maintaining them. It's not as though they're not investors in the City ofMiami, and these neighborhoods are the next step up from poverty. People buy these neighborhoods, they've improved them over the years, and this city should not be neglecting and cannibalizing these neighborhoods. Chairman Gonzalez: Thank you. Ms. Sandoval: Thank you. City ofMiami Page 163 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Chairman Gonzalez: Thank you. Yes, sir. Good afternoon. Antonio Muniz: Commissioners, my name is Antonio Muniz, 1264 Milan Avenue. This has to be a good project when even the opposition is saying good things about it. I believe that to invest on 8th Sfreet is much different than to invest in a neighborhood, and the people that will be coming into this project will be investing on 8th Sfreet. They want to live on 8th Street. They want to shop on 8th Street. Many of these people in the neighborhoods, they probably go to the Publix on 27th Avenue and Coral Way to purchase their goods. We have a shopping center right on 8th Sfreet, Presidente Shopping Center. It would be good for that business. That's a small business, and it's a small business in the area. Small businesses -- how many businesses are going to come in to be there in that building? How many people are they going to bring in? So it's good. Even the opposition is saying that it's good. I just want to say something to Commissioner Regalado regarding the buildings entrance on Coral Way. I will bring to your attention, respectfully, Mr. Regalado, that there is a condo on Coral Way and 36Avenue, the entrance is on 36Avenue. It's the one in front of Sears. Commissioner Regalado: I know. The entrance is right in front two restaurants, the Boston Market, Habana Vieja, and everything there is commercial. There is nothing, nothing at all, and by the way, as you know, they have to go on Coral Way when they exit the condo. Mr. Muniz: There is -- this shopping center on Southwest 27th Avenue and Coral Way, there is an entrance to that shopping center, a whole bunch of stores there, big stores, and they have an entrance on -- Commissioner Regalado: On 25th -- Mr. Muniz: -- 25th Avenue -- Commissioner Regalado: -- Avenue. Mr. Muniz: -- right -- there are homes there at the corner, I think. Commissioner Regalado: The biggest mistake that ever the City made because, you know what? Now we had to have about five traffic circles on 25th Avenue because it's a corridor from Coral Way to US 1, and also on 24th Avenue, which is an open-ended -- and there have been two fatalities in Coral Way and in 24th Avenue, and 23rd Sfreet, and 22nd Terrace. There have been two fatalities in 25th Avenue. The most -- the biggest mistake that the planners could make is to divert traffic from commercials and shopping center into residential areas because of cars pulling off the driveways in the different areas, especially on 25th. Twenty -Fifth is not as wide as 24th Avenue. What happened on 26 is that the building was so narrow that there was no way that they could have exited on Coral Way. All of the other buildings, including the one that the Planning Department said that never should had happened, which is the long extended stay next to that building that you mentioned, which is like on the sidewalk, they cannot exit not on 22nd Terrace, not on any side avenues. All of them exit in Coral Way, and we're talking -- I'm talking from 17th Avenue to 37th Avenue. In fact, there are two buildings now being built and the exit is also in Coral Way, so my point was why not in Southwest 8th Street. The building that you mentioned is an anomaly, and it is because it's all commercial. It's totally commercial. Sears, you know; Boston Market, Habana Vieja, everything, and that place was a warehouse, and it had the parking besides that, so that's what I think is happening. I don't know as much as you do about construction, but I do know about traffic. Chairman Gonzalez: All right. Mr. Muniz: All right. I just wanted to agree on one thing with Commissioner Regalado, and that -- which is that the building is good. I mean, the people coming in -- young people coming City ofMiami Page 164 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 in into 8th Sfreet. For years we've been saying we need to revitalize 8th Street, and here we have an opportunity. We have two young fellows that, you know, are from Little Havana. We just feel that they love the neighborhood because I've known them for years, and I just feel that, you know, we need to support people like this. Thank you. Chairman Gonzalez: Thank you. Sir. Sam Mitchell: Yes. My name is Sam Mitchell, and my address, for the last 12 years and my permanent residence, is 1950 Southwest 9th Street, so I'm directly impacted by this building. I've always had -- I used to belong to Shenandoah Association, and my big concern always has been traffic off Calle Ocho and 22ndAvenue. That's always been a problem, but think this building offsets any negative impact that we're going to have from the traffic. If we can stop the fraffic problem before it is a problem, you know, the solution of having the entrances and exits off Calle Ocho is probably the best solution for this, but I'm so excited to see this coming in fruition, butl hope it passes, and I hope nothing stops it, so I'm all for the -- Vice Chairman Sanchez: What was your name again? Mr. Mitchell: My name is Sam Mitchell. Chairman Gonzalez: Sam Mitchell. Mr. Mitchell: I signed the thing. I don't know -- Vice Chairman Sanchez: Yeah. Mr. Mitchell: -- if you got -- Vice Chairman Sanchez: Yeah. That's fine. Mr. Mitchell: OK. Thanks. Chairman Gonzalez: All right. Thank you, sir. Yes, sir. Michael Amador: Michael Amador, 1450 Brickell Bay Drive. I've been in this area for a very long time; born and raised in Shenandoah. I lived there all my life. I think this is a great project. The last time we were here in this meeting, half of the room stood up because they're in support of this project, and half of the room was -- half of that -- well, not half of the community, but a lot of people from that community because it's going to impact them in a very positive way. You have businesses that are, hopefully, going to come in there. You have pedestrian traffic that's hopefully going to come in there. We're not just talking about car traffic; we're talking about pedestrian fraffic, which is very important for such a vital area for the 8th Sfreet corridor. We have Miami 21. We have the Brickell corridor, who's expanding. We have the river run. There's Miami River projects all over the place. Why not 8th Sfreet? Why not that area? It's about time that we give them a chance. The developer has invested a lot of money and a lot of time in this project, and it's about time we give them the chance -- this is not a building on steroids; it's not. He's really worked with staff. He's worked with all of us to get this project going, so it's about time that we help him out. Thank you. Chairman Gonzalez: Thank you. Sir. Javier Peral: Good afternoon, Mr. Chairman, Commissioners. My name is Javier Peral, from 2250 Southwest 9th Avenue. I fully support the project. I've owned a business, Continental Pharmacy, at 505 Southwest 8th Sfreet, for the last 35 years, and the only thing that is good for the area on 8th Sfreet is development. You know, I hear a lot of things about fraffic. I'm sure it City ofMiami Page 165 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 can be worked out, butl could tell you that, being in that corner of 8th Street and 5 Avenue since (UNINTELLIGIBLE) all the way to now, and the only good thing is, when you bring business, you bring people in. You get -- drive the criminals out, and it's good for the neighborhood. I'm fully -- I'll support the, you know, traffic issue, but I'm sure there's things that are being worked out, like they put the circles in the roads and all that, and you know, there is things that you can work around that, so I fully support the project. Thank you -- Chairman Gonzalez: Thank you -- Mr. Peral: -- for your time. Chairman Gonzalez: -- very much. Thank you. Yes, sir. Paul Proenza: Good afternoon. My name's Paul Proenza, 1042 Southwest 3rd Avenue. I own several property off of Southwest 8th Sfreet, and I remember, as a small boy, my parents moving to the suburbs out in Sweetwater, and on the weekends, traveling down Southwest 8th Street to have a cup of ice cream, and so on and so forth. As years went on, I became a teenager and I still traveled that area. I saw a lot of the businesses there close down, and I think it was mostly as a result of people in the Shenandoah neighborhood, with all due respect to them now; they may not have lived there at the time, but people that lived in those areas, I don't think that they frequented these businesses because, if not, they probably wouldn't have gone out of business. My grandparents actually owned the coin laundry near there, and subsequent, had to close it down because the people in the neighborhood really didn't use -- go there to wash their clothes, and as I see projects like this coming up in the neighborhoods and all over Southwest 8th Sfreet, I think it's a positive thing. The only way you're going to get people to fraffic the businesses on Southwest 8th Street is to put projects like this physically on Southwest 8th Sfreet. I think, if you took a poll today -- I don't know how many of the people that live in these adjacent neighborhoods actually frequent the businesses that are on Southwest 8th Street, with the exception of Versailles restaurant, which is a magnet for everyone that lives in the neighborhood, so I really support this project. I think the City should -- you should really approve it, and I think it's going to be a great thing for the neighborhood. Thank you. Chairman Gonzalez: Thank you. Yes, sir. Jose Serrano: Good evening. My name is Jose Serrano. I own a property right in front of the project, which is 1961, 1963 8th Street. I was thinking of-- I came here to see what the opposition wanted, why they don't want the building, and I never thought that it was going to become an issue of traffic. I -- really, that's the only thing that never thought we were going to be arguing about it, or discussing, or even putting in the table. The (UNINTELLIGIBLE) -- that if you take 19 to go to 24th or south, you're going to have a street full of stop signs, fraffic, schools, and everything. You can take 17, which is a very good sfreet, wide, no traffic whatsoever, or traffic -- less traffic than you will get in 19, and you get 22, which is a great sfreet also, so I never thought that we were going to argue with traffic. The project is great; everybody has said the project is great. The sfreet in Calle Ocho is very pedestrian, like it is in 13, like it is in 12, like it is going to be -- all the projects that you can see in Calle Ocho, all the projects are projected to be pedestrian in the front for it to be what we want to see in Calle Ocho, but that's all I wanted to say. Thank you very much. Chairman Gonzalez: All right. Thank you. All right. This concludes the -- no? This does not conclude the public hearing. Mr. Tucker Gibbs. Tucker Gibbs: OK. Chairman Gonzalez: Yes, sir. City ofMiami Page 166 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Mr. Gibbs: My name is Tucker Gibbs, with law offices at 215 Grand Avenue, in Coconut Grove, and I'm here representing the Shenandoah Homeowner's Association and Maria Pedrajo, who lives near this site. Tonight I want to talk to you -- tonight, yes -- tonight I want to talk to you about my clients' objections to the land use change, the rezoning, and the Major Use Special Permit, and urge you to reject all three applications because -- and I'm going to give you four reasons; two reasons I'm going to discuss and two reasons, Mr. Alvarez, our professional planner, is going to discuss with you. Number one, the proposals are in conflict with your Comprehensive Plan. Number two, your project runs counter to the basic principles of good planning. Three, the project utilizes bonuses that are unconstitutionally vague and without appropriate standards; and four, and most importantly, this project is out of scale with the neighborhood. It is just too big. This isn't about a retail project on the ground floor that everybody wants. This isn't about residential, which everybody wants. This is about the size of this development, and that's the problem. Let's look at how massive this project is for this well -established neighborhood. The land use and zoning changes and other changes are proposed for one purpose, and that purpose is to cram as much development on this site as is possible. Look at the requests in your package. Number one, they need to rezone the property on 9th Avenue to C-1. They want to increase their base square footage to get more density and more floor area. Number two, they're asking for a Class II Permit to allow for more lot coverage. They want to increase the lot coverage from the 40 percent that's required right now. That means they want to put more building on that site than is allowed. They're also asking for a planned unit development bonus to allow for a 20 percent increase in floor area; that is a 51,000 square foot increase in floor area that they're looking for. They're asking for an affordable housing bonus to allow for a 25 percent increase in their FAR, which is an additional 64,000 square feet. Without these requests for these extras, this project would be much smaller. Even with the rezoning, it would be 141,000 square feet, with 40 percent lot coverage; instead of 256,500 with a much more -- with a much larger lot coverage. That is quite a difference. What this says is this project is too big for this site. Let's look at the neighborhood zoning that's on the site right now. The lots facing 9th Street are R-2, but they also have an SD-12 overlay. I don't know if any of you remember why SD-12 was developed by the City ofMiami. SD-12 was a result of what is called transitional zoning, which was allowed 15 years, 15 -- 20 years ago, in this community, and what happened was the City said let's have this new SD (special district) district that will establish a buffer between more intense commercial districts and less intense residential districts. That means ifyou owned this property on 9th Street and you owned the property on 8th Sfreet, and you wanted to use the property on 9th Sfreet to support your development on 8th Sfreet, you could do so with surface parking, but you would have to put a wall up. The wall would be approximately 20 feet from 9th Sfreet, and the area between the wall and 9th Street would be a landscaped buffer to provide buffering between the two incompatible uses. SD-12 was created to do buffer -- to have buffering to protect the neighborhood. Putting C-1 -- I don't care ifyou have liners with three-story town houses or five -story town houses -- does not provide the same buffering. It still towers over a residential neighborhood. This rezoning takes away that buffer no matter how you look at it, and this rezoning brings the intense development closer to the R-2 across the street. Quite simply, with SD-12, it's further away; with this zoning, it's closer. Let's take a look at the project that they're proposing. Literally, this is a sore thumb sticking up out of the neighborhood. It sticks up 14 stories. There is nothing like it within blocks. Look at 8th Street. It just sticks up out there. This should be an area of planned growth. We're all talking about Miami 21; Miami 21 this, Miami 21 that -- gets a lot of play for something that has never been adopted yet, but we're talking about a plan. Miami 21 is a plan, and ifyou want to redevelop 8th Sfreet, ifyou want to take every single parcel behind the C-1, then you know what? The City ofMiami should bite the bullet, and the City ofMiami should direct -- you all should direct your Planning Department to create a plan, a plan that involves the community, to say, "You know what? We think that this is important to rezone all the R-2 behind the C-1 because we want to have big projects like this," and let the community who lives in that neighborhood participate. They have a vested interest. They're going to live with it everyday, and yet, they come in here, project after project. Where's the planning in that? That's the concern my clients have. Is this what you want 8th Street to be like? Do you want 8th Street City ofMiami Page 167 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 to be a wall, 12, 11, 14 stories? Look at that -- look at the drawing. That's their proposal. Their proposal -- that sits flat up against a neighborhood. Now is that the way 8th Street is going to look like on the north side and the south side, with a wall of 11, 12, 14 stories? That's what you're saying you want in this community. Our position is, do it right. Ask your Planning Department to create a plan; get the citizens involved, and then, if that's what the community wants, then by God, put it there, but don't do it just because somebody asks for it. Finally, this project implements two bonuses that, together, allow it to almost double its permitted size. As I said before, the planned unit development bonus gives the developer 20 percent in FAR, in floor area, 51,315 square feet. I say `gives" because this bonus is a gift. There are no standards in your code. All you have to do is say I'm a planned unit development, and you get 20 percent extra square feet. You don't pay for it; you don't do anything. You get it, and the developer has 20 percent more property he can lease, he can sell, and it's a bonus for him. It's a real bonus for him. It's a profit center for him. There are no standards for the grant of this bonus. It's just another way to give the developer extra square footage. Let's look at the affordable housing bonus. That gives the developer 25 percent extra in floor area, which is a total in this project of 64,000 square feet. This is a bit different from the PUD (Planned Unit Development) ordinance because the developer pays the princely sum of $12.40 per square foot, and you trade dollars -- those dollars for their extra square footage. Well, how much will this developer sell that exfra square footage you sold them for $12.40? Hundred dollars a square foot? Two hundred dollars a square foot? Three hundred dollars a square foot? If we're talking Brickell, we're talking $800 a square foot. The issue here -- Vice Chairman Sanchez: Tucker, may -- sorry to interrupt you. How much time are you going to need to build a record? Mr. Gibbs: I'm almost finished, but I think these points -- Vice Chairman Sanchez: It's a voluminous agenda today, but I -- Mr. Gibbs: I understand -- Vice Chairman Sanchez: -- want to make sure you have plenty of time to build your record and have your -- Mr. Gibbs: -- and that's exactly what I'm frying to do. The issue here is how much is the City going to get while the developer -- for this $12.50 a square foot? You all get $745, 785.50, according to the staff report. How much affordable housing does this pay for? How much afford --? I'd like to know how much afford -- how much money is in your Affordable Housing Trust Fund. How much money is there -- how much money has been used for affordable housing, and how much of that affordable housing comes with the developer raking in 100, 300, 400, $800 a square foot? To me, it's an inequitable trade in the City ofMiami where we have a dearth -- and that's putting it politely -- of affordable housing. My point is quite simple, you're trading or giving development bonuses that allow the developer to build a project that is out of scale with the neighborhood, and the City is getting very little, if anything, back in return. We urge you to reject the project, as it is out of scale with the neighborhood. Mr. Alvarez, our professional planner, will follow with a presentation regarding the planning aspects of this project. Vice Chairman Sanchez: Mr. Alvarez, I am the Chair. How much time are you going to need, my dear friend? Mark Alvarez: About ten minutes. Vice Chairman Sanchez: Ten minutes, you have. Mr. Alvarez: Thank you, sir. Mark Alvarez. I'm a professional planner, 18 years of experience City ofMiami Page 168 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 in the area, at 625 Northeast 50th Terrace, in Miami. You know why we're here, but always like to start with why are we here. It's a Major Use Special Permit for Renaissance Pointe. The property, again, as you see the aerial, is bounded by 8th Sfreet on the north, 9th Sfreet on the south, between 19th and 20th Avenues. There's a dotted line that you see, and that's, of course, the difference in the zoning categories on that property, and if you look at the aerial, you'll see that there is a very well -- a very green residential neighborhood to its south. The Major Use Special Permit -- there are eight actual applications with this. There's a land use change. There's a rezoning from R-2 to C-1, which, in this case, is more like R-2 to R-4. With that goes the residential density change from 18 units an acre on the rezoned part to 150. The MUSP (Major Use Special Permit) is triggered because of the two hun -- more than 200 units; there's 323, more than 500 parking spaces. As Tucker already discussed, there are FAR bonuses amounting to 45 percent above what would normally be allowed. There is a Class II Permit for a special -- I'm sorry, for an increased footprint from 40 percent to 60 percent, and a waiver of a parking standard for (UNINTELLIGIBLE). Vice Chairman Sanchez: What? Mr. Alvarez: I'm sorry? Could you hear that? Vice Chairman Sanchez: Yeah. Slow it down a little bit. I want to give you plenty of time -- Mr. Alvarez: OK. I'll take my time then. Vice Chairman Sanchez: -- because I could hardly understand a word you're saying. Mr. Alvarez: OK. That part you should already know. If you want me to go back over it -- Vice Chairman Sanchez: No, no, no, no. Mr. Alvarez: OK. Vice Chairman Sanchez: Go ahead, please. Mr. Alvarez: Why are we here? I did their part first, so now I'll do my part. It's inconsistent with the Shenandoah neighborhood, for the character and the -- in terms of character and scale. Vice Chairman Sanchez: It's inconsistent. Mr. Alvarez: Correct. Vice Chairman Sanchez: Based on what? Mr. Alvarez: I'm going to get to that. Your standards -- of course, in Article 17, there are seven standards. We are going to focus a little bit on the standard number six, which says that you comply with the standards ofArticle 13 for special permits, and what is of interest in Article 13 is item one, that the site and the urban planning are consis -- respond to the physical and contextual environment of the surrounding area. Now we'll talk about the meat of this. The existing -- in terms of scale, there's a residential density issue. If that property were zoned as it is right now, with about half of it as C-1 and half of it as R-2, you would be able to have 317 units on that property and not 323, so it's a little bit over what is -- Vice Chairman Sanchez: Rewind. Say the numbers again. Mr. Alvarez: OK. It -- on the existing zoning -- right now you have C-1 and R-2. City ofMiami Page 169 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: Right. Mr. Alvarez: The C-1 would allow, based on the acreage, 290 units. The R-2 -- Vice Chairman Sanchez: Two hundred and nine units or ninety units? Mr. Alvarez: Two hundred and nine -- two -nine -zero. Vice Chairman Sanchez: OK. Mr. Alvarez: The R-2 -- is that better? Vice Chairman Sanchez: Yes. Mr. Alvarez: OK. -- would allow 27 units. The total is 317 that is allowed right now as it is zoned. The application is for 323, 6 more. Vice Chairman Sanchez: Six more units? Mr. Alvarez: Six more. Vice Chairman Sanchez: Six more units. Mr. Alvarez: Six more. The proposed zoning would allow, though, 513. It is a rezoning -- we think of rezonings as separate from the actual projects, and that is a 62 percent increase over what's there now -- would be allowed right now. The existing zoning would allow 183,257 square feet of space; again, the C-1 and the R-2 combination. The proposed zoning, changing it all to C-1, would allow 256,574; that's an increase of 40 percent, so in terms of both the residential density, and in terms of the floor area, the scale is tremendously larger by the rezoning, by the land use change and the rezoning. In terms of height and massing, part of this permit requests a Class II Permit for 60 percent footprint on the entire property. The C-1 -- what's fronting 8th Sfreet, and there are some pictures here of what's right across the sfreet -- the picture on the left is what's right across the street,• the picture on the right, the right side would be this property, is looking down 8th Sfreet to the east. Right now what's allowed there is an unlimited height and a lot coverage of 40 percent. On the back of that site is an entirely different situation. It's a residential neighborhood, an R-2 neighborhood, duplex neighborhood, and the height that's currently allowed there is 25 feet, with a lot coverage of 40 percent, and the SD-12 district runs through there, which is supposed to be a special buffer. The intent of that is exactly for what we're here for, is to provide some additional buffering to make sure that the commercial uses don't impact to the neighborhoods behind them. The proposed zoning would put this project fronting also on the residential street, and that height -- the C-1 height would be unlimited, and the lot coverage, if the Class II Permit is allowed, will be 60 percent. Vice Chairman Sanchez: But these projects -- the portion of the projects are on the 8th Street portion, not on -- Mr. Alvarez: I'll get to that. Vice Chairman Sanchez: No, no, no. Mr. Alvarez: I understand, I understand. Vice Chairman Sanchez: I'll let you make your testimony, but you, you know -- Mr. Alvarez: No, next slide. I understand -- City ofMiami Page 170 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: OK. Mr. Alvarez: -- and the height that is there will be 152 -- I'm sorry, 152 feet, and then there's a liner on the neighborhood of 35 feet, which is still higher than what the neighborhood would normally allow. The floor area is 366, 000, and again, remember, it would be 183, 000, if it were zoned as it is now, and FAR -- total FAR of 2.46, and a lot of coverage of 60 percent, and what I did here is -- the yellow part in that diagram is what is fronting onto 9th Street; the orange is what's behind it, but still on that block. Vice Chairman Sanchez: OK. Mr. Alvarez: The issue here is really about zoning pattern. The site, again, as shown here with the little -- it looks like a flag, the rectangle that's red on the north side and yellow on the south side; red is the commercial, yellow is the current R-2 zoning. If we look at what that actually looks like in context, though, by coloring in the rest of the map, you see 8th Street is that blue line, and the project is there, and what you see is there's a very clear pattern, and it happens throughout the City, and the pattern is that commercial uses end at the rear lot line, and the reason they end at the rear lot line is to buffer the neighborhoods, so in other words, that commercial use, that C-1 intensity that allows R-4 intensity doesn't come into the neighborhood, so they always end at the rear lot line. All those red squares around the blue, 22ndAvenue, 27th Avenue, 17th Avenue, Flagler and Southwest 1st, Southwest 8th; it actually goes up to -- I wish I had the -- up to the Northwest 7th, the very same pattern; the red ends at the rear lot line. This project would, essentially, reduce that in this spot. There is nowhere else where that happens; nowhere else where the red goes to the sfreet behind it. Why should you buffer? You should buffer because policy -- in your Comprehensive Plan, Policy L U 1.1-3 requires you to. It says the City Zoning Ordinance will provide protection to all areas of the City from, number one, the encroachment of incompatible land uses. Policy HO 1.1-8 talks about the same thing. It says to protect and enhance existing viable neighborhoods within the City. Shenandoah is an existing viable neighborhood. The City Zoning Ordinance will retain residential zoning in those areas suitable for housing. The staff recommendation cited goal L U 1.3, which says -- which supports what I'm saying as well. It says the City will continue to encourage commercial office and industrial development within existing commercial office and industrial areas. It doesn't say in a different area, and then it goes on to say -- about the economy. The staff report said that this is really something that promotes economic development, but really, if you look at what the goal says, that's sort of tangential to the goal. The goal supports the concept of encouraging development that is compatible with what's across the sfreet, and finally, staff -- the staff report also cited Policy LU 1.3-6, which talks about encouraging the diversification of a mix in industrial and commercial activities, and tenets through strategic and comprehensive marketing and promotion efforts. Well, this project doesn't really change any of that. The exist -- what's existing there now on 8th Street is 16,456 square feet of retail, or I should say, of commercial, which is comprised of retail, of restaurant, and a closed service station. The proposed project has a very little bit more commercial space, 18,000, and there's no assurance that it would provide any additional mix, anything that's different. More importantly, the mechanism of this policy is not to be rezoning, is not to be land use changes. The mechanism is that you encourage this mix for -- through marketing and promotion efforts, so really this policy is nonapplicable and does not support this project. The impacts to the neighborhood; quality of life, privacy, and quiet enjoyment. This is the neighborhood. It's all -- it's well -- it's very green; it's 25 feet in height. Now that's looking down 9th Street to the west. Again, there's a lot of pictures here, but you can see on the south side of the neighborhood, these are the kinds of dwelling units that are here. A little further south, there's a picture of one house on loth. It's a very green neighborhood. It's all low intensity. On the left side, the north side is what's going out, and the very bottom left side one is the house that would be the out parcel right next to this project. The impacts would also be in terms of traffic intrusion into the City -- into the neighborhood streets. The traffic report that's included with the MUSP, the Major Use Special Permit, says that there City ofMiami Page 171 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 will be a 115 percent increase in p.m. peak trips, in terms of traffic generation. However, what neighbors experience in their neighborhood is not the p.m. peaks; it's the daily traffic, and daily and p.m. have different characteristics, dependent on the use, and the additional trips, in that case, will be 1,842, which is a 157 percent increase over what's there, and how will the traffic be distributed through the neighborhood? The -- which I guess is hard to read even on these screens -- it show -- what I'm showing here is the increase on each street, based on the frip -- on the traffic report, and I thought it would be easier to read on the screen, butt will read it for you. On Southwest 9th Street, the project would increase the traffic by only four percent. However, towards the west of the projects, there would be a 17 percent increase in daily fraffic on 9th Street. There will be a 22 percent increase in daily fraffic on 20th Avenue, and that would be in addition to the growth that exists right now over these two years of about nine percent and ten percent, respectively, on those two streets, so why we feel you should deny this? The land use change is not supported by the Comprehensive Plan. The land use change (UNINTELLIGIBLE) policy L U 1.1-3 and 1.1-8. The rezoning is incompatible with the established zoning pattern. The project removes the neighborhood buffer and is out of scale, and the project adversely impacts the neighborhood in terms of scale and traffic impacts. Vice Chairman Sanchez: All right. Mr. Alvarez: Thank you. Ten minutes. Vice Chairman Sanchez: That's perfect. We'll leave that there, and then I'm going to need you to do me one big favor. Mr. Alvarez: Sure. Vice Chairman Sanchez: You do have a picture of the site. Once we're done with this, we're going to go to that picture of the site, OK? Mr. Alvarez: The aerial? Vice Chairman Sanchez: You could help me out with that. Mr. Alvarez: OK. Vice Chairman Sanchez: Counsel. Mr. Alvarez: You want me to --? Vice Chairman Sanchez: The other side has time for rebuttal, but -- where's the counsel? I gave you plenty of time now, all right. OK. Can we have staff? Can you address that on the record? Are we complying with that? Mr. Lavernia: All of them? Vice Chairman Sanchez: All of them. Mr. Lavernia: In the land use analysis from staff we said goal Land Use 1.3, promote and facilitate economic development and the growth of job opportunity within the City -- Vice Chairman Sanchez: OK. Mr. Lavernia: -- and policy Land Use 1.3-6, continue to encourage diversification in the mix of commer -- industrial and commercial activities. City ofMiami Page 172 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: So we're complying with that? Mr. Lavernia: Yes. Vice Chairman Sanchez: That -- Mr. Lavernia: That's our analysis, and we recommend it for approval. Vice Chairman Sanchez: The analysis, and that's based on your recommendation that addressed all those concerns. Mr. Lavernia: Yes. Vice Chairman Sanchez: OK. Now the other time -- are you done or you're not done? Mr. Alvarez: I'm done. Vice Chairman Sanchez: OK, you're done. Where's the applicant on the other side? You got time for rebuttal. Mr. Alvarez: Did you need me to stay here? Ms. Dougherty: This is not rebuttal yet. This is just my client, who'd like to make a statement. Vice Chairman Sanchez: Sure. Can you put the picture of the site? Mr. Alvarez: The aerial? Vice Chairman Sanchez: The site, yeah, what's there now. Mr. Alvarez: These? Vice Chairman Sanchez: No, no. Mr. Alvarez: No. Unidentified Speaker: Existing. Vice Chairman Sanchez: Existing. Mr. Alvarez: That one? Vice Chairman Sanchez: You don't have a picture of what's there now, right? Mr. Alvarez: I do, but they're in pieces. It's all those houses that -- wait a minute. I'll show you what's there now. Vice Chairman Sanchez: No, not the houses. I'm talking about the commercial itself. Chairman Gonzalez: The actual site. Vice Chairman Sanchez: The corridor of 8th Street. The houses, I love those houses -- Mr. Alvarez: The commercial? City ofMiami Page 173 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: -- and I wanted you to show what's there now. You don't have a picture of it. Mr. Alvarez: I do have it. Let me just find it. There. Chairman Gonzalez: That's it. Mr. Alvarez: Across the street and to the right -- Vice Chairman Sanchez: That's across the street. Mr. Alvarez: Right. Chairman Gonzalez: That's across the street. Vice Chairman Sanchez: Boy, do I know my area -- do I know my district. Mr. Alvarez: Eighth Street or Ninth Street? Vice Chairman Sanchez: No. I want what's there now. Mr. Gibbs: On 9th Sfreet. Chairman Gonzalez: On 8th Street. Vice Chairman Sanchez: On 8th Street. Mr. Gibbs: Oh, on 8th Street. Mr. Alvarez: On 8th Sfreet. Chairman Gonzalez: On 8th Street. Mr. Alvarez: Just to the right of the right side picture is what's there. Vice Chairman Sanchez: Oh, OK. Mr. Alvarez: Do you need that one? Vice Chairman Sanchez: No, no, no. You don't have it. You don't want to put that there anyway. All right. Mr. Alvarez: OK. Vice Chairman Sanchez: All right. Let's go. AlbertArisso: Good evening. AlbertArisso, 1650 Coral Way. Good evening, Chairman and Commissioners. I'm one of the owners of the property. I just want to be brief and say a few comments. First of all, we're not outsiders. I live in Shenandoah. My parents live in Shenandoah. My uncle and my cousin been living in Shenandoah for 40 years. We respect the area; we care about the area. This is not going to be negative. What's negative is what's there now. We own the property. We struggle with it everyday. Believe me, it's a very good thing we're presenting here. We've fried everything to make everyone happy. I hope -- that wasn't said, but I believe that in our heart. I think the redesign was a good thing at the end of the day. My partner grew up a couple of blocks away from this. This means a lot to us. You hear a lot of City ofMiami Page 174 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 negative things. Basically, when I saw -- to all respect -- all respect to Mr. Alvarez. He basically talked about a six -unit difference and a 20 percent increase in traffic, if he's correct. That's what we're talking about. Right now with all the new bank restrictions, I think this is one of the few viable economic projects as -is that's going to be built to change this area. If we change this project, it might not happen, and we're going to stay with 8th Street how it is; a great -- a place that could be -- it's a diamond in the rough, a place that we care a lot about, but it needs a little change, and this is what we're presenting to you, with all respect. This is, we think, a very good product, and we hope you see that. Thank you. Ms. Dougherty: I just want to address a couple of concerns the neighbors had. One of them was: "Well, if you change it to C-1, what could happen in the future? People could change the units in the back into commercial." Three reasons or three protections that we think that you have. One is it's a Major Use Special Permit and we can't change the uses. Two, you have an SD-25 overlay, which means that anything that we do do to change it has to come back to your Planning staff and to the City Commission for an amendment; and thirdly, we will offer in our condominium docs. (documents) that there will be no commercial uses permitted, and it will be enforceable not only as a condition of your MUSP, but also as a condition of the condominium association as well. In terms of the lot coverage that they made a lot of issues about, and the fact that we had an SD-12 overlay in the rear, which allowed you to put a wall up with a 20 foot buffer, this is exactly what Miami 21 does not want you to do. They don't want walls with buffers. They want units out onto the street, which is what we've proposed. If we took those units off the garage, we wouldn't have a 40 percent lot coverage; we'd have a 60 percent lot coverage, and we'd have a wall, exactly what they're suggesting we have, a 20 foot landscape buffer with a wall. That's not what Miami 21's about, and I'm kind of surprised that Mark Alvarez would suggest that that would be a better condition -- or maybe it was Tucker. Mr. Gibbs: It was me. Ms. Dougherty: It was Tucker -- Mr. Gibbs: Yes. Ms. Dougherty: -- would suggest that a better condition would be a 20 foot landscape buffer and a wall. We've been through the Planning staff the Planning Advisory Board, the Zoning Board, the UDRB (Urban Development Review Board), with unanimous approval on every single board, so we'd urge your approval tonight. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. Vice Chairman Sanchez: Close the public -- Chairman Gonzalez: The public hearing is closed. Everybody has been afforded an opportunity to speak on this item, so now it comes back to the Commission. Mr. Tucker Gibbs, you're done? Vice Chairman Sanchez: Tucker, I don't want you to accuse me of not -- Chairman Gonzalez: Thank you. Vice Chairman Sanchez: -- giving you enough time to build your -- Mr. Gibbs: You want me to do more? I'm happy to -- Vice Chairman Sanchez: No, no, no, no, no, no, no. City ofMiami Page 175 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Mr. Fernandez: No, no, no, no, no, no. Vice Chairman Sanchez: No, no. Let's go ahead and -- Chairman Gonzalez: All right. Commissioner Sanchez. Vice Chairman Sanchez: Mr. Chairman, once again, thank you so much for allowing me to hold this after 5 o'clock, giving the residents plenty of time to come and voice their opinion. It is very important that residents participate in what they consider the best interest of their community. I also want to take this opportunity -- I know that Hugh Ryan was involved in an accident. My prayers are with him. I did visit him at the hospital, and he's doing much better, so we'll continue to pray for him. Also, I want you to understand that when you -- and I want to direct this to everyone who sent an e-mail (electronic mail) to me. Under the Jennings Rule, I am not entitled to respond to you -- or phone calls. I know you call me at the office, and I don't return the phone call, and you're probably going to say, "Well, he's not returning my phone call. He's not returning my e-mails." By law, I am not allowed to do that. I act as a quasi-judicial -- I'm a judge up here, and I have to give everybody the same opportunity without being biased and to hearing their concerns and stuff. Today is court. All sides had the opportunity to state their case, and I think we afforded them the opportunity to do that. Now, based on the Planning recommendation for approval, there are certain conditions that are here listed. Let me tell you the one that I think fits this project the most, and I'm going to read it very brief because I know we have a long agenda. It says it is found that the change to restricted commercial is a logical extension of that category in order for Southwest 8th Sfreet to function as a vital commercial corridor, and to allow greater flexibility to the developer to proper in a manner -- property in a manner that will be beneficial to the surrounding area, OK. We all agree -- and I don't hear anybody that says I'm against the development. The development is good. There are some concerns, and they are valid concerns. I'm going to bring some of the concerns now. Traffic was one of the concerns. Well, that could be easily remedied by us here at the Commission. It's a policy issue, where we could decide that one of the conditions be that you will not be able to turn into the residential; instead, turn onto 8th Street and be able to leave onto 8th Sfreet, so that's a condition we could say. Let me tell you the issue that worries me the most, and that issue is what we're doing here today, amending the future land use map from duplex residential to restricted commercial. OK. Now in order for this project to be vital, to promote 8th Street -- and I think it's everybody's dream here to have an 8th Street that we could all be proud of whether we live there, we work there, or we invest in -- we have to be able to put together projects that are going to benefit the entire area, and by doing this, one of the conditions that's set forth is that they'll be putting town houses to buffer onto the residents that are behind, and then we'll have a buffer because they'll have the town houses, 15 feet of street, and then the residential, but that isn't it. I think the concern that most of the people have is, well, what happens if one of the town houses decides to do -- hey, I want to do a beauty salon in my town house. Well, we set conditions that don't allow that to happen. In other words, you cannot and will not have commercial along 9th Sfreet. You cannot have a 7-11. You cannot have a CVS (Consumer Value Stores). You cannot have a Dairy Queen. You cannot have that. Once you're able -- if we put that buffer of town houses, which we've done throughout the entire City. We've done that through the entire City to create a beautiful buffer between a development, a buffer area, and the community; we could do that. However, to protect the residents -- and I think all the residents will agree with me on that -- we could put a condition where what we do is we'll approve it in part, or the Major Use. Any other project or any amendments must come back to the Commission. That protects you, the residents, from them having that type of commercial intrusion, which will not happen. Now let me tell you this much. I've been a Commissioner now in that area for seven -- eight years, and I got elected to serve for four more years. People may not like the decision I make, but they respect me, and I'll tell you why. Little Havana, in the last seven years, has changed more than any part of the City, other than downtown and Brickell, but it has changed for the better, and not only do I look out for the residents and I look out for City ofMiami Page 176 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 community services, but you know what? We look out for people that come and invest in our city. This project's been working for almost two years, correct? It went back and forth. We didn't agree with it; at first, it was too big. I said it myself it was too big. It didn't meet the conditions we wanted. It was going to be terrible intrusion on the residents, and it was really going to be not compatible with what we want to accomplish on 8th Sfreet, so it went back and forth with the Administration, and finally, I think that we've been able to iron something out that we could live with. I think that we could live with this project if we are able to put the conditions that are set forth that concern you the most. Traffic is one. I will be more than glad to put a condition that traffic will only exit onto 8th Street and not into the residentials along 19th or 18th Street. I would even put the conditions that set forth that if this project does not move along, it comes back or reverts back to exactly what it was, and that protects you, but I'll tell you this much. This is what you compare -- and I wanted you to show me the picture of what's there today, and I could bring you the police reports and the calls we get, and the merchants complaining. This is much better than what's there now. You may not agree with me, but I'm going to do what's right for this City, so having said that -- and I want my colleagues to elaborate on it -- I think it's perfect mixed use. I think it is in compliance with -- which we have not adopted Miami 21, but it falls within the parameters ofMiami 21, and I'll let my Commissioners speak on the issue, but then I am prepared to move to approve with conditions, and I want to make sure those conditions are on the record to protect the residents of that area, so at this time -- Chairman Gonzalez: All right. Would you make a motion and -- Vice Chairman Sanchez: I will -- Chairman Gonzalez: -- then -- Vice Chairman Sanchez: -- move for the purpose of -- Chairman Gonzalez: -- we open it for discussion? Vice Chairman Sanchez: -- discussions, and we should have done that. I should have made a motion. Chairman Gonzalez: All right. We have a motion to approve. Is there a second? Commissioner Haskins: Second. Chairman Gonzalez: OK, it's second. Discussion. Commissioner Regalado, you're recognized - - I'm sorry. Commissioner Spence -Jones: Well, it's actually -- it's your district. I just was going to make a comment about the project. I mean -- so should I make the comment now? Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: OK. First of all, this is -- I think the project is a great project, and this is for the folks that are still left here from the earlier conversations. This is the type of energy that think is necessary in order to rebuild neighborhoods. You have young people that stood up here today that were born and raised in the neighborhood, might have moved away, maybe still away, but decided that they wanted to change something; that they wanted to be a part of Southwest 8th Sfreet being a destination, and I just -- you know, Commissioner Sanchez made a very good point about how much he's accomplished in the last seven years in just looking at what is happening on Southwest 8th Street. This is what needs to happen in all of our neighborhoods; Little Haiti, Overtown, Liberty City, Wynwood -- because that's my district, but City ofMiami Page 177 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 these are the type of things that we need to see happening within the neighborhoods that will provide just a mixed array of things, so I just wanted to at least acknowledge -- and I think that - - I know that there are some issues from a traffic standpoint, but I think that it's also important to acknowledge, you know, my generation that just got up to the mike and made a personal commitment to really want to help rebuild Southwest 8th Street and Little Havana, and I think that that is important, so I just wanted to at least officially acknowledge that because I thought that it was important to say, and hopefully, will inspire other people sitting in the room to do the same in their own communities. Chairman Gonzalez: All right. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Mr. Chairman. I am -- I should be very old because I remember Shenandoah when some of the people here weren't even born. I have lived in Shenandoah since 1961, uninterrupted. I worked for nine years in Southwest 8th Street when Southwest 8th Street became the doors of hell, after the Mariel boatlift. I had breakfast and lunch, and I bought everything that I needed in Southwest 8th Sfreet, so I know the area. I think it's little to ask what the residents are asking and I asked before on the traffic issue. We're not discussing here the Southwest 8th Sfreet development. Everybody wants that. We all want a Southwest 8th Street that thrives with new businesses, and people, and restaurants, and whatever markets, and to some people that said that the people in Shenandoah doesn't go to Southwest street -- 8th Sfreet -- somebody said that -- yes, I do. I live in Shenandoah and I do go to Southwest 8th Street, and I just think that it would be unfair for the residents to -- just because we need to develop Southwest 8th Sfreet -- divert all the traffic, divert all the cars to the residential area. The owner of the project has said that he asked us to approve the project as it is. Somebody mentioned that if it has to -- if it -- if the Commission decides -- I think the City Attorney did -- that the only exit is on Southwest 8th Street, it has to go back to the staff something like that, so I don't know what we are approving here. I know that Commissioner Sanchez has been a driving force developing Southwest 8th Sfreet, and we thank you for that, but we all live in the area, and it's unfair. I mean, somebody just stood there and said, oh, they can take 22nd, or they can take 19, or they can take -- well, then, you know, to hell with it. Let's start changing Shenandoah, have -- you know, tell my daughter that has two small kids, move away from Shenandoah because in the street that you live, we are going to divert a hundred and two hundred more cars, or you know, delivery trucks, or whatever, you know, tractor trailers that will be delivering goods to the stores and to the apartment building there, so I just don't know what we are approving here or denying. I remember that the City Attorney said that it was the will of the Commission -- Mr. Fernandez: It can be done. Commissioner Regalado: -- to condition that only on Southwest 8th Street, no bollards, no turning, no turn right, no turn left, only on Southwest 8th Street. The traffic -- it had to go back to the staff. Mr. Fernandez: May I clarify that statement? What I was trying to do was make sure that the applicant understood that while you may make a final decision today that doesn't have to come back to you, still they have to go back to the technical people, to staff to make sure that the entrances on Southwest 8th Street, entrances and exit, are appropriate, according to all the standards and all the regulations, but it doesn't need further review by you, certainly by staff. You may make a final legislative decision today eliminating the con -- Vice Chairman Sanchez: No. Mr. Fernandez: -- imposing a condition -- Vice Chairman Sanchez: Imposing a condition, not eliminating. City ofMiami Page 178 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Mr. Fernandez: -- that it be egress and egress only from Southwest 8th Street, and that is final. Commissioner Regalado: OK Chairman Gonzalez: All right. Vice Chairman Sanchez: And that is what I'm prepared to do, as the maker of the motion, and what I would ask is if the attorney could step up to the mike and proffer, as we protect the homeowners and people living in that area, that I will approve this as part of the Major Use. Now any other project or any other amendments made would have to come back to this Commission, so you must proffer that. Ms. Dougherty: We don't have a problem with that condition. Vice Chairman Sanchez: OK. Ms. Dougherty: I just want to make sure that you know that we also have to get a FDOT (Florida Department of Transportation) permit -- Mr. Fernandez: Correct. Ms. Dougherty: -- and that may -- Vice Chairman Sanchez: Well, that's -- and I understand that, and if the FDOT says no, then you know, they're -- Ms. Dougherty: So make it subject to FDOT. Vice Chairman Sanchez: I'll make it -- Ms. Dougherty: We'll make it a condition -- Vice Chairman Sanchez: -- subject to FDOT condition. If they say you can't do it, then you know what? We're going to have to go with option 2, which is that exiting, you'll have to divert all traffic onto 8th Sfreet. At the end of the day, we accomplish the same thing, but you want it through 8th Sfreet, you could have it through 8th Street, but subject to FDOT, which we have no control over FDOT. Chairman Gonzalez: All right. Ms. Dougherty: That's fine. Vice Chairman Sanchez: So those are my -- Chairman Gonzalez: The motion is -- Vice Chairman Sanchez: -- conditions. Chairman Gonzalez: -- clear. Commissioner Regalado: Well, but -- Mr. Fernandez: And so that is a proffer being made by you, Ms. Dougherty. City ofMiami Page 179 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Ms. Dougherty: Yes. Commissioner Regalado: No, no, no, no, but -- Ms. Dougherty: Well, we accept it as a -- Commissioner Regalado: -- wait, wait, wait a minute. Ms. Dougherty: -- condition. Commissioner Regalado: This -- Ms. Dougherty: I just want to say -- Commissioner Regalado: -- FDOT thing -- Ms. Dougherty: Sure. Commissioner Regalado: Commissioner Sanchez, which is the maker of the motion, said that if FDOT doesn't allow, then we're going to have to do this, we're going to have to do that; that's unacceptable -- Ms. Dougherty: That's what? Commissioner Regalado: -- because the will of the Commission is that the traffic exits on Southwest 8th Street. Ms. Dougherty: And we accept it as a condition. All I'm saying to you is -- Commissioner Regalado: I understand that -- Ms. Dougherty: -- what happens if FDOT doesn't permit -- Commissioner Regalado: -- but he just said that if FDOT rejects -- Ms. Dougherty: Yes. Commissioner Regalado: -- for whatever reason, don't know what reason -- rejects the petition, then we have to do it existing on 19 -- Mr. Fernandez: Nineteen. Commissioner Regalado: -- exiting on 20 -- Ms. Dougherty: Correct. Commissioner Regalado: -- to Southwest -- Vice Chairman Sanchez: Diverting traffic onto 8th Street. Commissioner Regalado: -- diverting traffic. To me, that's unacceptable. Vice Chairman Sanchez: Well -- Commissioner Regalado: It would be to the -- City ofMiami Page 180 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: All right -- Commissioner Regalado: -- Vice Chairman -- Vice Chairman Sanchez: -- so listen -- Commissioner Regalado: -- but -- Vice Chairman Sanchez: -- in other words, I'll amend it to if FDOT doesn't allow, then you know, we could stop the project and forget it, if that's what he wants. Ms. Dougherty: Well, that's not something that we would like to happen. Vice Chairman Sanchez: Because it's not logical. We have no control over FDOT. If FDOT says you can't do it, then we would have to explore other ways, and the only logical thing to do is, as they exit east and west, you divert traffic onto 8th Street, where -- Ms. Dougherty: You know -- Vice Chairman Sanchez: -- they would only exit onto 8th Street. Ms. Dougherty: -- Commissioner Regalado, this is something that's very interesting because, as a developer's attorney, we are always fighting to have our front door on the major arterial. I can't tell you how often we've come to the Planning staff with, you know, circular driveways in the front and they take it off so to now have it being imposed as a condition, which we accept because, typically, we like that -- all I'm saying to you is don't put us in a position where if somebody -- some other higher authority says we cannot do it, for whatever reason -- and I don't think that's going to happen -- that we don't have a project any longer. Commissioner Regalado: But why would it happen? Ms. Dougherty: Excuse me? Commissioner Regalado: Why --? Ms. Dougherty: Why would they not do it? Commissioner Regalado: Yeah. Ms. Dougherty: I don't think -- Commissioner Regalado: Because the City staff recommends that it looks better. I mean -- Ms. Dougherty: No. From a -- Commissioner Regalado: -- why they would allow it on Southwest 8th Street and 51 st? Ms. Dougherty: Perhaps there's no other way to do it on Southwest 8th Street and 51st. Commissioner Regalado: No. I mean, why would they allow it on a state road in Coral Way, which is Coral Way, a state road, or 27th Avenue? I mean, FDOT runs Southwest 8, Flagler, Northwest 7, Coral Way, 27th Avenue, Le Jeune Road. Ms. Dougherty: Mr. Commissioner, I believe that they will let us do it. I don't think it's going to City ofMiami Page 181 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 be a problem. I'm just trying to think of a exit strategy in case they don't; that's all. I think they will allow us to do it. Mr. Fernandez: Well, the exit strategy may be that part of the condition that you impose, if, for whatever reason, FDOT does not grant it, then it comes back to this Commission for you then to reconsider other alternatives or the project doesn't go, because at that time, nothing could be built without the final approval of this Commission, which is being given today subject to FDOT approving egress and egress from Southwest 8th Street. Vice Chairman Sanchez: Look, with all due respect -- come on -- we're notgoing to kill this project because of the cars exiting one way -- Mr. Fernandez: Well -- Vice Chairman Sanchez: -- or the other. Come on. Let's not BS people here, OK. Mr. Fernandez: Well, no, I'm not. I'm just -- Vice Chairman Sanchez: You want to put condi -- Mr. Fernandez: -- interpreting Commissioner Regalado. Vice Chairman Sanchez: With all due respect, Commissioner Regalado, you are entitled to vote against the issue if you -- on that condition. Everybody here has the right to vote on the issue. The simplest thing -- and I don't know how to explain it -- is if they can't get it through FDOT, then they would have to find another solution. That's it. Are we going to come back and say we're notgoing to do the project because of one issue? That's not good government, so my motion stands as it is. I will respectfully call the -- I even forgot what it's called now. Mr. Fernandez: Call the question. Chairman Gonzalez: All right. Vice Chairman Sanchez: Call the question. Chairman Gonzalez: We have a motion and we have a second. Mr. City Attorney, read the ordinance, please. Mr. Fernandez: Twenty-seven. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Ms. Thompson: Prior to a roll call, can I just make sure, for the record, that the second reading ordinance, is it or is it not modified with -- because of those conditions? Mr. Lavernia: No. Mr. Fernandez: No. Ms. Thompson: Thank you. Roll call. Commissioner Regalado? Commissioner Regalado: Well, since I asked something that I thought it was fair, things -- as a resident, and as a representative of the area that will be impacted, I didn't even fought the City ofMiami Page 182 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 change of zoning, but asked only something that it makes sense, that it's about safety, it's about quality of life, and since I could not have a logical explanation from the staff -- since it's either you take it or leave it, then I am sorry. This is not about being against development in Southwest 8th Street, nor about the 200 signature of or bis -- of businesses, not residents, that we just got, because this is important development, then I'm forced to vote "no," and of course, the project will be approved, but I just want to be on record saying that what I asked I don't think it was a maker or breaker of the project. It has been done throughout the City. Why then punish the residents of Shenandoah? So my vote is no. Chairman Gonzalez: All right. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Commissioner Haskins? Commissioner Haskins: Yes. Ms. Thompson: Vice Chair -- Commissioner Haskins: Yes. Ms. Thompson: OK. Vice Chairman Sanchez? Vice Chairman Sanchez: As amended, yes. Mr. Fernandez: Well -- Mr. Lavernia: No. Mr. Fernandez: -- just to -- for clarification, 27 need not the amendment. The amendment is needed on 29 -- Vice Chairman Sanchez: OK. Mr. Fernandez: -- but you're discussing all the issues at the same time. On 27, there is no amendment. It is just as it is. Vice Chairman Sanchez: I stand -- Mr. Fernandez: We have to wait for 29 to include the amendment. Vice Chairman Sanchez: -- corrected. I just want to make sure that those are put in. Mr. Fernandez: Yes. Ms. Thompson: So that was -- Vice Chairman Sanchez: Yes. Ms. Thompson: Thank you, and then Chairman Gonzalez? Chairman Gonzalez: Yes, ma'am. Ms. Thompson: The ordinance has been adopted on second reading, 4/1. City ofMiami Page 183 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 PZ.28 05-01525 ORDINANCE Second 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. 05-01525 Legislation (Version 1).pdf 05-01525 OLD Analysis.pdf 05-01525 OLD Application & Supporting Docs.pdf 05-01525 ZB Reso 12-12-05.pdf 05-01525 & 05-01525a Exhibit A.pdf 05-01525 Zoning Map.pdf 05-01525 & 05-01525a Aerial Map.pdf 05-01525 FR Fact Sheet 03-23-06.pdf 05-01525 FR Fact Sheet 05-25-06.pdf 05-01525 REVISED Analysis.pdf 05-01525 REVISED Application & Supporting Docs.pdf 05-01525 ZB Fact Sheet 06-12-06.pdf 05-01525 ZB Reso 06-12-06.pdf 05-01525 FR Legislation (Version 4).pdf 05-01525 FR Fact Sheet 06-22-06.pdf 05-01525 SR Fact Sheet.pdf 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 ADOPTED PASSED by the following vote. City ofMiami Page 184 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Sanchez and Spence -Jones Noes: 1 - Commissioner Regalado 12832 Chairman Gonzalez: OK. PZ.28. Vice Chairman Sanchez: It's a companion? Chairman Gonzalez: It's a companion. PZ (Planning & Zoning) -- Jorge L. Fernandez (City Attorney): PZ.28 needs to be moved. Vice Chairman Sanchez: So move. Commissioner Haskins: Second. Chairman Gonzalez: We have a motion and we have a second. It's also an ordinance. Mr. Fernandez: Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: All right. This also requires a public hearing. I know there was -- Vice Chairman Sanchez: No, no, no. Chairman Gonzalez: -- opposition. The opposition that has been established on the record applies also to this item. Mr. -- Mr. Fernandez: Of course. Chairman Gonzalez: -- Gibbs. Tucker Gibbs: Yes. Chairman Gonzalez: Is that all right? Vice Chairman Sanchez: Yes. Chairman Gonzalez: All right. Roll call. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Regalado? Commissioner Regalado: For the same reason that I mentioned before, because the staff has not give -- has given me a logical explanation to why we have a double standard in the City of Miami, because there is no way to understand why there and not here, I'm voting no. Chairman Gonzalez: All right. Ms. Thompson: All right. Commissioner Haskins? Commissioner Haskins: Yes. Ms. Thompson: Commissioner Spence -Jones? City ofMiami Page 185 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Commissioner Spence -Jones: Yes. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: Yes. Ms. Thompson: The ordinance has been adopted on second reading, 4/1. PZ.29 05-01525b 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 RENAISSANCE POINTE PROJECT, TO BE LOCATED AT APPROXIMATELY 1900-1952 SOUTHWEST 8TH STREET, 1919-1965 SOUTHWEST 9TH STREET, AND 800 SOUTHWEST 19TH AVENUE, MIAMI, FLORIDA, TO CONSTRUCT TWO APPROXIMATE 152-FOOT, 14-STORY HIGH MIXED -USE STRUCTURES TO BE COMPRISED OF APPROXIMATELY 323 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 18,000 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 538 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 186 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 05-01525b Inside Cover.PDF 05-01525b Outside Cover.PDF 05-01525b Table of Contents.PDF 05-01525b Article I - Project Information.PDF 05-01525b Letter of Intent.PDF 05-01525b Major Use Special Permit Application.PDF 05-01525b Zoning Write-Up.PDF 05-01525b Zoning Atlas.PDF 05-01525b Project Data Sheet.PDF 05-01525b Deed-Computer.PDF 05-01525b Ownership List.PDF 05-01525b State of Florida Documents.PDF 05-01525b Directory of Project Principals.PDF 05-01525b Article II - Project Description.PDF 05-01525b Article III - Supporting Documents.PDF 05-01525b Minority Construction Employment Plan.PDF 05-01525b Traffic Impact Analysis.PDF 05-01525b Site Utility Study.PDF 05-01525b Economic Impact Study.PDF 05-01525b Survey of Property.PDF 05-01525b Drawings Submitted.PDF 05-01525b Legislation.pdf 05-01525b Exhibit A.pdf 05-01525b Exhibit B.pdf 05-01525b Analysis.pdf 05-01525b Zoning Map.pdf 05-01525b Aerial Map.pdf 05-01525b School Board Impact Analysis.pdf 05-01525b PAB Reso.pdf 05-01525b Fact Sheet.pdf LOCATION: Approximately 1900-1952 SW 8th Street, 1919-1965 SW 9th Street and 800 SW 19th Avenue APPLICANT(S): Javier F. Avino, Esquire, on behalf of Renaissance Pointe, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on January 18, 2006 by a vote of 5-2. See companion File IDs 05-01525 and 05-01525a. *See supporting documentation. PURPOSE: This will allow the development of the Renaissance Pointe project. Motion by Commissioner Sanchez, seconded by Commissioner Haskins, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Haskins, Sanchez and Spence -Jones Noes: 1 - Commissioner Regalado City ofMiami Page 187 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 R-06-0476 Chairman Gonzalez: PZ.29. Lucia Dougherty: Thanks very much. Vice Chairman Sanchez: Move as amended. Jorge L. Fernandez (City Attorney): Correct, and then let Mr. Lavernia put on the record precisely what the conditions and the amendments are. Vice Chairman Sanchez: Now I'm going to -- the residents, you need to listen to this because this is the conditions that basically protect you, so -- Roberto Lavernia (Chief of Land Development, Planning Department): There's two additional condition. Number one, all traffic, ingress and egress, shall be -- occur on Southwest 8th Street, subject to FDOT (Florida Department of Transportation) approval. If FDOT denies, the access shall be along the side street designated to route cars to 8th Street. Vice Chairman Sanchez: OK. Mr. Lavernia: Number two, applicant shall record a covenant that state that if the MUSP (Major Use Special Permit) expire or is abandoned, any development on this property shall require City Commission approval. Vice Chairman Sanchez: Now do you understand this, what happens? If the developer, for whatever reason, does not build, boom, we're back at the same zoning that we had before changing the zoning. Mr. Lavernia: No. The condition is that any project have to come in front of you to be approved. Vice Chairman Sanchez: All right. Well, that's fine. That's fine. It's OK Mr. Lavernia: Your move. Vice Chairman Sanchez: That's it. All right. Chairman Gonzalez: That's it? Priscilla A. Thompson (City Clerk): It's a resolution. Chairman Gonzalez: All right. We had a motion. Vice Chairman Sanchez: As amended. Ms. Thompson: No. Vice Chairman Sanchez: Yeah. Chairman Gonzalez: As amended. Vice Chairman Sanchez: It's a motion, as amended. Chairman Gonzalez: Do we hear a second? City ofMiami Page 188 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Commissioner Haskins: Second. Chairman Gonzalez: And we have a second. It's a public hearing. The opposition that has been put on the record also apply to this item. Mr. City Attorney, read the ordinance. Mr. Fernandez: No. This is a resolution. Ms. Thompson: It's a resolution. Chairman Gonzalez: Oh, I'm sorry. Mr. Fernandez: You just need -- Chairman Gonzalez: This is a -- Mr. Fernandez: -- to have -- Chairman Gonzalez: -- resolution. Mr. Fernandez: -- a roll call. Chairman Gonzalez: All right. All in favor -- Vice Chairman Sanchez: Roll call, roll call. Chairman Gonzalez: Why don't you do roll call, please? Because we have one "no" vote. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: Sometime -- some decades ago (UNINTELLIGIBLE) Stevenson asked (UNINTELLIGIBLE) United Nations, I'll be waiting for the answer until hell freezes over. I'm still waiting for the answer, why the double standard in the City ofMiami, and you get -- and you know what? You have to respond with a logical and intelligent response because I will keep asking this question every Commission meeting, but meanwhile, my vote, because of this and because of either take it or leave it, which is wrong since I represent a fifth of the City ofMiami, my vote is no. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Commissioner Haskins? Commissioner Haskins: Yes. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: Yes. Ms. Thompson: The ordinance has been a -- I'm sorry. The resolution has passed, 4/1. PZ.30 06-00379Iu ORDINANCE First Reading City ofMiami Page 189 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE 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. 06-003791u - PAB Fact Sheet.pdf 06-003791u - PAB Legislation.pdf 06-003791u - PAB Application Documents.pdf 06-003791u - Analysis.pdf 06-003791u - Concurrency Report.pdf 06-003791u - Comp Plan Map.pdf 06-003791u - Zoning Map.pdf 06-003791u - Aerial Photo.pdf 06-003791u PAB Reso.pdf 06-003791u CC Legislation (Version 2).pdf 06-003791u & 06-00379zc Exhibit A.pdf 06-003791u CC Application & Supporting Docs.pdf 06-003791u CC FR Fact Sheet 06-22-06.pdf 06-003791u Submittal.pdf 06-003791u CC FR Fact Sheet 07-27-06.pdf 06-003791u Submittal Objections.pdf 06-003791u Submittal Plan Overview.pdf 06-003791u Submittal Letter.pdf 06-003791u Submittal Affidavit.pdf 06-003791u Submittal Petitions.pdf 06-003791u Submittal Petitions II.pdf 06-003791u Submittal Memo.pdf 06-003791u Submittal Objectives.pdf 06-003791u & 06-00379zc Clarifying Application Documents.PDF 06-003791u CC FR Fact Sheet 09-07-06.pdf LOCATION: Approximately One Herald Plaza - Parcel 1 APPLICANT(S): Javier F. Avino, Esquire, on behalf of Citisquare Group, LLC, Contract Purchaser, and Knight-Ridder Newspapers, Inc., Ownerand 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. City ofMiami Page 190 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 CONTINUED A motion was made by Commissioner Regalado, seconded by Commissioner Haskins, and was passed unanimously, with Chairman Gonzalez absent, to continue PZ.30, PZ.31, PZ.32, PZ.33, PZ.34, and PZ.35 to the special City Commission meeting currently scheduled for September 7, 2006, at 2 p.m. Vice Chairman Sanchez: We move on to PZ.30, the granddaddy of them all. All right. PZ.30. Commissioner Spence -Jones: PZ.30. Commissioner Haskins: Is anyone here on PZ.30? Vice Chairman Sanchez: Land use change, Herald Square, Parcel 1. Let's go. Lucia Dougherty: We're going to be very kind to you tonight. Commissioner Haskins: Oh, you are? Ms. Dougherty: Yes. Commissioner Haskins: OK. Ms. Dougherty: We're going to ask for a deferral. Vice Chairman Sanchez: There is a god. Commissioner Spence -Jones: On all of them? Vice Chairman Sanchez: On all of them? Ms. Dougherty: On at least the first four, and I'm not sure about the others. Commissioner Spence -Jones: That's all of them. Commissioner Haskins: Can I --? Vice Chairman Sanchez: Hey, look on the bright side. We won't be here till 12 or 1 o'clock in the morning. Commissioner Haskins: We've got a request to -- for a deferral on PZs.30, 31, 32, and 33. Vice Chairman Sanchez: Is there a motion to defer all the items stated on the record? Commissioner Haskins: My understanding is -- are you OK with this? Is the other side OK? Because I know that there were some discussions about trying to hear all the items. We're -- you're not OK with the deferral? Can we -- Unidentified Speaker: Defer them all. Commissioner Haskins: -- defer all items? Jorge L. Fernandez (City Attorney): Well, they're different applications. Vice Chairman Sanchez: Whoa, whoa, whoa. Yeah. City ofMiami Page 191 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Mr. Fernandez: 30 -- Commissioner Haskins: One opposition group -- Vice Chairman Sanchez: Look, we could at least agree on a deferral. Ms. Dougherty: On the first four anyway. Mr. Fernandez: On the first floor [sic]. The last two, 34 and 35 -- Commissioner Spence -Jones: We can have -- Ms. Dougherty: They're -- Commissioner Spence -Jones: -- we'll -- Ms. Dougherty: -- outside right now discussing -- Mr. Fernandez: It's a different -- Ms. Dougherty: -- what they should do. Different application, different lawyers. Mr. Fernandez: Correct. Commissioner Haskins: Are they discussing a deferral right now? Vice Chairman Sanchez: All right. Let's take a five-minute recess. [Later... Vice Chairman Sanchez: All right. Let's go. What's the will of the people? Who's going to make a call? Unidentified Speaker: Do it all or defer it all. Vice Chairman Sanchez: Well, listen, we've got to agree on something here, folks. Not -- Commissioner Haskins: I'm ready to hear them all. Vice Chairman Sanchez: All right. We're ready to hear them all? Commissioner Haskins: Let's go. PZ.30. Vice Chairman Sanchez: OK, let's go. I was going to get home early. This is my dinner, a pizza -- slice of pizza and a Coke. You want some, Tucker? Here, have it. All right. First item up -- Roberto Lavernia (Chief of Land Development, Planning Department): Item 30 and 31 -- Vice Chairman Sanchez: -- PZ.30. Mr. Lavernia: -- are companion items, land use -- Vice Chairman Sanchez: All right. Mr. Lavernia: -- and zoning change for Parcel 1, Herald Plaza. City ofMiami Page 192 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: OK, so we're going to go with PZ.30 and 31. Mr. Lavernia: Yes, sir. Vice Chairman Sanchez: All right. Mr. Lavernia: The recommendation of the Department is for approval, and the Planning Advisory Board recommend denial due to the failure to obtain the required five votes. At the Zoning Board -- our recommendation, the Planning Department, I mean, is approval, and the Zoning Board recommended denial for the same lack of five votes. Thank you. Vice Chairman Sanchez: OK. Madam Applicant, you are recognized. Ms. Dougherty: Need a few minutes here. Vice Chairman Sanchez: At the end of the day, we work for you. All right. Madam Clerk, just for the point of clarification, these are the only items that are left, besides pocket items, if any of the Commissioners --? Priscilla A. Thompson (City Clerk): That's right, PZ.30 through 35. Vice Chairman Sanchez: OK. PZ.30 through 35, and we're going to hear all of them, based on the recommendation of the district Commissioner, OK. Mr. Fernandez: Mr. Chairman, while the applicants are setting up, to make sure that both the applicants and the Commission understands that because the Commission is made up of four members, a 2/2 vote on any of these item means an outright denial. That's the sum and the import of that, and it is ultimately the City Commission's decision as to whether to grant, at this moment on any of these items, whether the parties agree or don't agree -- it was properly noticed; it's properly in front of you, and it is the Commission's decision whether to proceed or not. You do have quorum, and it is your will. Yeah, and Mr. Chairman, also, with regard to the presentation of the following items, my recommendation to you is that you take 30, 31 by itself. Open up the meeting only to those, and deal with that, and then open 32 and 33. Even though they are contiguous lots, they're completely different type of applications and consideration, and my recommendation to you is that you only take evidence and testimony 30, 31, dispose of it;; 32, 33, dispose of it, and then, of course, 34 and 35 are independent. They're Major Use Special Permits; you take those individually also. Vice Chairman Sanchez: All right. Mr. Attorney, we'll take your recommendation under advisement. All right. We'll go ahead and do PZ.30 and 31. Ms. Dougherty: Thank you, Mr. Chairman, members of the board. Lucia Dougherty, with offices at 1221 Brickell Avenue, here today on behalf of the owner and the applicant, and joining me this evening from the applicant is Pedro Martin and David Martin, and -- from Knight Ridder, who is the current -- or the actual former owners are Larry Harbert, vice president of production and facilities, and we're here on today, first on Parcel 1. Parcel I currently has the Miami Herald office building and printing presses. My client, the Martins, have what's not an option to purchase, but instead, they have a right offirst refusal on this piece of property, and you may say, well, why are you seeking a rezoning when you have simply a right offirst refusal on a parcel that we don't know it's ever going to be necessarily developed in the future? And in fact, the Miami Herald -- or the Knight Ridder has said in the past, we don't have any present plans to rezone this property. The question then becomes, why have you asked us to rezone the property when there's no present plans to develop it? Well, one of the reasons is because the Martins have a tremendous investment in the entire site, including this -- these parcels, which City ofMiami Page 193 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 you're going to be seeing for the retail side, as well as the north parcel, which they do have a contract to purchase, and one of the things that they said to the Miami Herald at the time is, we don't know if you're ever going to sell this piece of property. We don't know if in the future, you're ever going to develop it, but if you do, we want to make sure that we tie you to a certain development so that we protect our views and our investments in the future. We want to make sure that if you sell it to anybody else, it's going to be developed according to the plan that the City ofMiami has proposed, and furthermore, we're going to make you covenant that you develop in accordance with that plan, so that's what we did or the Martins have required the former Miami Herald and now McClatchy Newspapers to bind themselves to that development parcel. Now, in terms of the rezoning, this is going to be necessarily -- this is in the comp (comprehensive) plan. This is the only C-2 parcel on the entire bay. C-2 is a warehouse industrial zoning classification that's left over from the time that there was a Belcher Oil plant, the FEC (Florida East Coast) railroad was on the Bicentennial Park site. This is a remnant zoning classification that doesn't exist anywhere else on the bay, and it certainly doesn't ex -- it shouldn't be adjacent to your highest, most intense zoning classification, the SD-6, as well as the CBD (Central Business District). Across the 15th Street and the Venetian Causeway, the Plaza Venetia is actually zoned a central business district. It's not only an SD-6, so the Omni CRA (Community Redevelopment Agency) redevelopment plan says the following: "The C-2 zoning classification of the Miami Herald building is inconsistent with the existing zoning patterns and should be changed to better reflect the desired character of the area, " so your own adopted redevelopment plan recognizes that this C-2 classification is not consistent with what is with the area. We are asking for it to be rezoned to the same classification as all of these parcels that are directly to the west that the current parking lot is on and that you're going to be seeing a retail project in the -- later on this evening. I'd like Jack Luft, who's our urban planner, former Planning director for the City ofMiami, to discuss a little bit more about why it's inappropriate to have Parcel I zoned C-2 and should be zoned SD-6 and comp planned SD-6 -- I mean, C-1. Jack Luft: Good evening. Jack Luft, 1717 Winward Way, Sanibel Island, Florida. I come to you as a professional planner, member ofAICP (American Institute of Certified Planners), registered planner, 36 years experience in planning, 28 years with the City ofMiami. In considering a comprehensive man -- plan change, the central issue is changed conditions. The plan, as it stands today, is presumed valid. However, if you can demonstrate that conditions have changed and require a revisiting, a rethinking of the master land use plan, then it is appropriate to make that change. I would like you -- just for the record, I am going to pass out this map. In the 1960s, the entire waterfront, all of those colored parcels that you see, were zoned C-4. C-4 was an industrial zone, and it was there because of the FEC railway offloading, because of the Port ofMiami and the cargo ships, because of the offloading of Belcher Oil tanks, and because the Miami Herald offloaded newsprint from a barge. The C-2 disfrict is specifically set up -- and I'd like to read to you very briefly from the future land use general commercial category. It says the categories include retailing, second-hand items, automotive repair, new and used vehicle sales, parking lots, garages, heavy equipment sales, building materials, wholesaling and warehousing, distribution, and transport -related services and like manufacturing. The intent of the disfrict is to serve the needs of other businesses that generally require off- and on -loading facilities and benefit from close proximity to industrial areas. That is the master plan intent of the general commercial category that is currently on the Herald property. What we have here is a classic case in planning law of reverse spot zoning. Through the attrition and the disappearance of the remaining industrial uses, we are now left with one parcel. It is a classic case of an island, isolated and unrelated to the surrounding area. The C-2 is no longer relevant. Changed conditions argue persuasively that it needs to be changed. The second issue, of course, is the emergence of the redevelopment plan. The most dramatic change in conditions has been a change in plan that began in -- really in full force in 1990, when the decision was made to locate the Performing Arts Center in the Omni area. That cast the future of this district as the Performing Arts District, and compelled the inclusion of significant commercial and residential uses. Significantly, the C-2 district discourages residential. It considers it a special exception and is not permitted as of right. Residential is a water -related use; office is not. Printing City ofMiami Page 194 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 presses are definitely not. Your own comprehensive plan sets out policies to encourage water -related and water -dependent uses. The comprehensive plan -- your staff recommendation has listed several, a handful of policies. Really, it's much more extensive than that. I'd like to provide, on the record -- I won't read it to you, but there are six goals, ten objectives, and thirty policies in your comprehensive plan that, in my review, establish the consistency of this future land use change with your comprehensive plan and its goals, objectives, and policies. Significantly, the most -- one of the most important is objective L U-1.4. Just briefly, it says the growth of downtown Miami shall continue and expand as the center of domestic and international commerce, further its development as a regional center for the performing arts, and its cultural and entertainment activities, and develop an urban residential base. These are the goals for this district. C-2, general commercial, has nothing to do with this goal. In fact, it conflicts dramatically. Probably the most significant use of -- that is currently there that poses problems is the printing plant. The only reason to maintain the C-2 disfrict in your future land use plan at this location is to allow the expansion of the printing plant. That's the only reason. If you change the zoning, the printing plant can remain. It becomes legal nonconforming. It continue indefinitely. It cannot expand, and I would submit to you that any reasonable evaluation of the future of this disfrict, which suggests that expanding the printing plant and the attendant trucking and offloading, and distribution activities that go with it is diametrically opposed to all of the policies and plans that your CRA has established for this district. There is no need and there is no reason to expand that printing plant. Other than that, there is no need for that district. Moreover, your comprehensive plan has also established this as an Urban Central Business District under Florida Statutes 2824.014, paragraph 10 of the Florida Administrative Code, and I will read to you just this one line. This is what your designation of this area, including this Herald site says, "The designated area shall contain mass transit service, as defined by 9J5F of Florida Administrative Code, shall contain high intensity, high density multiuse development, which may include any of the following: retail, office, professional/governmental offices, cultural recreation, entertainment, and high density residential." It does not mention printing presses. It does not mention industrial, so that is your future land use element. Now the other issue, beyond consistency with your comp plan, is the ultimate implementation of the district. It is very much a part of the Omni district that the -- in your second page that I just gave you here, says -- and I'll read quickly from it -- it says that the current zoning of the Herald property, C-2, should be modified to better reflect surrounding zoning and induce the redevelopment of this property, providing public access to the bayfront. Ultimately, your leverage to achieve your Omni plan cannot occur unless you change this zoning and stimulate this redevelopment. There is no reason to redevelop it under C-2. Now, the final point is that your financing plan for the Omni disfrict -- and I'm referring to the redevelopment plan. I'd like to submit into the record the pages from your CRA plan. That plan says that you have an ob -- under your plan, a commitment to providing over $213 million in public funds for public infrastructure improvements, and those funds are to be paid with tax increment. This development of the site -- I'm not talking about a specific development -- but the build -out under the proposed future land use plan will amount to enough square footage and enough intensity of development to achieve about $2 billion worth of investment. That translates into $20 million in tax increment, of which about 10 million would go on an annual basis to the authority. That 10 million can be leveraged in bonds to $100 million. In other words, the rezoning of this site and its intended redevelopment gets you potentially halfway there in your overall funding plan, just from this project, and then, of course, we look across the street. That's why your redevelopment plan says it is integral to the financing of this to achieve this rezoning, this re -- master plan designation, and spur the redevelopment. The -- I'll leave it right there. OK, thank you. Vice Chairman Sanchez: All right. Madam Applicant, does that conclude your presentation? Ms. Dougherty: At this point, that concludes our presentation with regard to the zoning. If you want to see the project or the bay walk, or anything like that, let us know, but the issue tonight is actually just the comp plan and the rezoning. City ofMiami Page 195 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Commissioner Haskins: I would like to see that. Ms. Dougherty: Great, so Steve Lefton -- Commissioner Regalado: On the zoning, I have a question. Ms. Dougherty: Yes, sir. Commissioner Regalado: Is the printing plant also included in the change of zoning? Ms. Dougherty: The project -- the two zoning classifications -- the two zoning applications that you're hearing right now is the one that includes the printing press. Commissioner Regalado: And if we change -- Vice Chairman Sanchez: Parcel 1. Commissioner Regalado: -- the zoning, would the printing plant still -- Ms. Dougherty: Yes. Commissioner Regalado: -- be legal? Ms. Dougherty: It will be a nonconforming use, a legal nonconforming use. It can remain. It can continue. It just can't expand in terms of square footage, so in answer to your question, that's what you're considering now; the comp plan and the rezoning of Parcel 1, which includes the printing press. Commissioner Regalado: OK Mr. Fernandez: Mr. Chairman. Vice Chairman Sanchez: Yes, sir. Mr. Fernandez: I know Commissioner Haskins has asked to see the actual project and the design. Keep in mind that the two issues in front of you today are the comprehensive plan and the zoning change, not the MUSP. That would be if this item survives to a second hearing, I'm sure the MUSP will be accompanying it at that time, and that would be the appropriate time. However, you may take a look at that, which will be proposed in the MUSP, but in making your decisions and determinations, you are not to be controlled or necessarily guided by what you see in the MUSP. That's another decision for another day. Vice Chairman Sanchez: And the two issues are land use change and zoning change. Mr. Fernandez: Right, right. Vice Chairman Sanchez: Those are the only two issues right now that we're discussing. Madam Applicant. Ms. Dougherty: Yes. Vice Chairman Sanchez: Are you done with your -- Ms. Dougherty: No, because -- City ofMiami Page 196 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: -- presentation? Ms. Dougherty: -- she -- I am, but Steve Lefton is going to present the bay walk, and then -- Vice Chairman Sanchez: Oh, OK. Ms. Dougherty: -- Luis Revuelta is going to show Commissioner Haskins the actual project. Mr. Fernandez: By opening it up this way, the members of the public may also then speak to all of these items. Commissioner Haskins: And that's what they would like to be able to do. Mr. Fernandez: Correct. Vice Chairman Sanchez: All right. Continue. You're recognized. Steve Lefton: Thank you. Good evening. My name is Steve Lefton. I'm the landscape architect, with Kimley-Horn & Associates, offices at 1691 Michigan Avenue. I've been involved with this area of the City for many years. In fact, I authored the Venetian Causeway Master Plan for the City approximately nine years ago, and I think it's relevant -- and I'm going to try to keep my points to the issues on the table because some of the things that are very important for me, as a landscape architect in working on this site, is what the rezoning and the redevelopment allows us to do, as we look forward to the future of the redevelopment of -- or the reconstruction of the historic Venetian Causeway. It allows us to do some very interesting things. This is a before and after. This is a computer simulation. This is not perfect, but whatl want to show you, and something that we've been struggling with for years, is the reality of with a parking lot on the corner -- I'm going to point there for a second -- the obvious response to a parking lot on the corner is hide it, and when you hide it, you hide a lot of the view, so you really don't open up to the causeway and to the vision of the bay until you're actually at the historic markers that say, "The Short Way. Venetian Way," which are right here, so this is -- I'm sorry. Lucia wants me to talk about 1. I'm going to talk about the openness, so this is the openness that you get on this parcel. Commissioner Spence -Jones: Who? Vice Chairman Sanchez: Who? Mr. Lefton: There's something equally as important that you'll see as I go to the next parcel, and this is really the amazing space that we're allowed to create, so the first piece justl was describing, I'm happy to describe that in more detail later, is the opening of the view as you approach the Venetian. What's most interesting about the parcel that's for discussion at this moment -- Vice Chairman Sanchez: We're addressing Parcel 1. Mr. Lefton: That's correct, and that's right here, so -- and I apologize. I -- we all seem to do the same thing, get 1 and 3 confused. Vice Chairman Sanchez: It's getting late at night. Mr. Lefton: OK, so very briefly. This is 14th Street. This is the extension. The Performing Arts Center is here. Commissioner Haskins: Could you just concentrate on the bay walk, please? City ofMiami Page 197 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Mr. Lefton: Yes. What it does is opens up the bay walk, OK. Right now there is no opening here. You can't see the water; you can't get to the water. This becomes the large open plaza, one acre of open space that actually funnels to the bay walk. Coming from 14th, coming from -- so when I think about the bay walk, I don't think about, per se, just a walk along the bay. A public space is created here that has an open plaza, an amphitheater, if you will, to view out to the bay, as an amenity of the bay walk. This isn't just, in our mind, an area where someone walks or passes through. This is a place where you can stop. There's an area for retreat under the palms to spend time at the water, and in fact, that's what this is, this carve -out. If DERM (Department of Environmental Resource Management) allows us to do this, we want to create a space that brings people to the site to actually spend time at the bay, not just -- not for this just to be an avenue for people to come through and move on. Commissioner Haskins: And how does the character of the bay walk change as you go up to Parcel 3, from what it is today? Mr. Lefton: Vastly, and in a very positive way. Right now you can't physically access it. I'm going to show you a rendering we did, the before and after -- and this is important because this shows -- you know, some people will come to you and show something in the best light. This shows the absolute narrowest point of the bay walk, and it's important because there's a limiting factor, which is the printing press, and I thought it was appropriate to show you, at the absolute narrowest, what it becomes, and it becomes this lush screening, which we fried to use some of the space for -- to screen the existing printing press, which is proposed to remain, and what you're seeing here is where it flares out into the open space, this great, wide open space, so the idea of palm frees, open views, bollards, really a wonderful space, so again, we're here to show you not the perfect, most beautiful idealistic picture, but the reality of what it looks like even at its most constrained point, and I hope that answered your question. Commissioner Haskins: That's great. Mr. Lefton: OK. Vice Chairman Sanchez: All right. Ms. Dougherty: We can also show you what the project's going to look like, if that's -- Commissioner Haskins: I think the real concern is the bay walk -- Ms. Dougherty: OK. Commissioner Haskins: -- at this point, for Parcel 3. Ms. Dougherty: All right. Commissioner Haskins: I mean, for Parcel 1. Ms. Dougherty: I just want to let the Commission know that we've worked very hard with our neighbors, and the Venetian Causeway Alliance, as well as the Venetian Causeway Homeowners Association have entered into agreements with us, and we think that we have resolved all of the issues that they had and concerns that they had with respect to both parcels, so this is an -- I just want you to be aware that we've spent a lot of time in trying to negotiate and meet the concerns of our neighbors. Vice Chairman Sanchez: Will you be --? I'm sorry, Commissioner. Did you have a question? No? Would you be reserving time for rebuttal? City ofMiami Page 198 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Ms. Dougherty: Yes, please. Vice Chairman Sanchez: OK. All right. That concludes their presentation. On the other side, is there anyone in opposition to this item? Please step forward. State your name and address for the record. Stacy Stokes: Hi. My name is Stacy Stokes. I live at 555 Northeast 15th Street. Vice Chairman Sanchez: Ma'am, could you lower the mike, please? Ms. Stokes: Lower? Vice Chairman Sanchez: Yes. Thank you. Ms. Stokes: I live -- my name is Stacy Stokes. I live at 555 Northeast 15th Street, Miami, Florida. Vice Chairman Sanchez: Before you go any further, how many people will be testifying on behalf of this item? Please raise your hand. OK. Mr. Fernandez: Has everyone been sworn? Vice Chairman Sanchez: Has everyone been sworn? Yes, you have? OK, and this is -- Priscilla A. Thompson (City Clerk): And have they all sign -- Vice Chairman Sanchez: -- on PZ.30 and 31. Ms. Thompson: Have they all signed in? Vice Chairman Sanchez: Have you all signed in to speak? Ms. Stokes: Yes. Vice Chairman Sanchez: OK. Ma'am, I apologize for the interruption. You may proceed, please. Ms. Stokes: OK, just very briefly. My understanding of Parcel 1 is that it's not under contract, that it's not an option to purchase, that it's a right of first refusal, and I've been following this for about three months, and I'm still confused as to who the owner of this property is, or how it is that this developer is coming before the Commission and asking for a rezoning on somebody else's property; a rezoning that would make the Herald property a nonconforming use, and would incur all kinds of -- I don't -- you know, I don't know that much about land use, butl understand tremendous amount of taxes. I mean, it's illogical. I don't understand why this Commission should be granting this rezoning now for this particular party, and I understand that Miami 21 is coming soon. Why is the developer doing this now? Why are we talking about what will be when what will be will be here very soon? Why are we pushing it ahead so fast? I think that there are other legal ways that the parties can find to protect that piece of property, which I understand the developer wants to, I guess, preserve that space so that no other developer comes in there, but there are other legal ways to do that; rezoning is not the way, and I think I'm done. Thank you. Vice Chairman Sanchez: Thank you so much. City ofMiami Page 199 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Gabriel Mendoza: Good evening -- Vice Chairman Sanchez: Good evening. Mr. Mendoza: -- and thank you for being here and listening to us. I'm a resident at 555 Northeast 15th Street. Vice Chairman Sanchez: Name. Mr. Mendoza: Gabriel Mendoza, Unit 403. First of all, I'd like to say I think we're blessed that we're in a country and city where, as residents, we're creating process of construction and not destruction, and that's why I'm here supporting this project, and the only way that construction's going to move forward is through change. I've been there for six years, and because of construction, I've seen a resurgence of people, businesses, and just life coming to that area. Without this change, what I've experienced is the drug use in that corner, which he was showing, prostitution, basically a lot of stuff that is not good for the City, so as a resident, I'd like to see that area be changed because, through change is why this City's growing, and another thing is, these guys are local developers, and I'd rather see the Martins, you know, developing this area than the Trumps, so when people question who they are, I think that they should realize that they're doing a lot of good for the community. They just finished donating a million dollars to the Performing Arts Center, so I think that it's in their interest to, you know, make this City a better place, so thank you for your time. Vice Chairman Sanchez: Thank you. Mr. Mendoza: All right. Hal Spaet: I'm sorry that I wasn't here when you called the agenda item. My name is Hal Spaet. I live at 555 Northeast 15th Street. I'm the spokesman for the Omni opponents. We've appeared before the Planning Board and the Zoning Board. Let me first say this. We really have a problem with what the City Attorney has done. Our presentation is geared towards both properties, you know. The position that we're in now is splitting our presentation, so the Omni residents feel as though the development of this 1 Herald Plaza area is a huge mistake, is tremendously injurious to the residents of that area, the residents of the Venetian Islands -- although I understand they went off and did their own thing. It's injurious to thousands of people, you know. I really don't like making this argument to you because we're talking about nothing here. Stacy was absolutely right. This development company does not own this property. The owner of this property has really not legally authorized -- signed this application, as the ordinance -- zoning ordinance requires. My next speaker I'm going to infroduce to you is going to give you that exact argument, but we feel as though we're making an argument here against nothing because nothing is going to happen. We've talked to the Herald; they've talked to the Herald. We've met. The Herald is not leaving. The Herald has not joined in this application, and at this moment, I'd like to infroduce Loretta Alkalay, who is a environmental and land use attorney, who'd like to talk to you about the irregularities of this application, although I would like her to deal with the issue that we're talking about first. Loretta. Mr. Fernandez: Mr. Chairman. Vice Chairman Sanchez: Yes, sir. Mr. Fernandez: I think that, perhaps, having Ms. Dougherty back at the podium to categorically state who her clients are and whether, in fact, she represents the Knight Ridder group or the owners of the property would be dispositive of a lot of the issues that have been raised by two of the last three speakers, and then you can proceed. My understanding is that Ms. Dougherty does, in fact, have and does represent the owners of the Herald, not only the -- you know, the City ofMiami Page 200 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 individuals who are trying to get a right of first refusal. Ms. Dougherty: Yes, I do. Mr. Fernandez: Well, that's categorical. She's under oath, and she knows that she takes an oath that, if she lies, she perjures herself. Vice Chairman Sanchez: But sir, could you state on the record why is it detrimental, the development? No, you. You need to put those things on the record. I'm -- you're taking one angle -- Mr. Spaet: I'm sorry. Ask me again. Vice Chairman Sanchez: You need to state on the record why is this development detrimental to the area, to the Omni. Mr. Spaet: Sir, we have a lot of testimony. We have graphic design work. We have traffic consultants' reports, but they were geared towards the entire development. When we made our presentations, which were obviously convincing to the Zoning and the Planning Board, because they denied this application, we made them at the same time, on both of these parcels. You know, putting us in this position where we have to split our argument like this really cuts the impact and the importance of this issue. The importance of this issue, sir, is that if giving the right of first refusal -- I'm not really sure when that right will be exercised, but any time the development is built on this property, the result in fraffic -- I guess you're talking now about -- we were talking about something like 2,600 individuals driving in and out of this property. These people would be driving in and out of this property on what are small local roads. This area is two full blocks from the only major road in the area, which is Biscayne Boulevard. The traffic consultant's report of the developers says that they plan to use 15th Street, 14th Sfreet, 13th Street, and North Bayshore Drive. If you've been through that area, you know 15th Sfreet is a two-lane road, OK. You can't move 2,600 cars, plus the 4,000 people that live there, and the 3, 000 people that are about to live up on North Bayshore Drive between 18th and 21 st, which is another 2,800 people. That's over 10,000 cars on small streets that are away from the major road. It cannot be done. We have traffic consultants that will testify to that. That's exactly what I'm talking about, so to allow this development on that piece of property brings in thousands of automobiles to an area that simply can't support them. We have graphics work to show it. We have traffic -- you have a copy of our fraffic consultant's report, so force -- putting us in the position of splitting this issue -- I thought that I would come up here because Ms. Alkalay is going to talk to you about the actual filing of the application, but I thought, coming up here and talking to you, I'd save our real argument till the last one because we're really against you granting this application in either property. Vice Chairman Sanchez: OK, so you're going to focus on the application itself. Loretta Alkalay: OK, but I really do feel that we are prejudiced ifI can only talk about one application because my presentation was prepared for both -- Ms. Thompson: I'm sorry. We need names for the record. Vice Chairman Sanchez: Yes, ma'am, please. Ms. Alkalay: I'm sorry My name is Loretta Alkalay. I -- Vice Chairman Sanchez: Your address, please. Ms. Alkalay: -- own a home at 555 Northeast 15th Sfreet, Miami, Florida -- City ofMiami Page 201 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: OK. Ms. Alkalay: -- 33132. I prepared my presentation for both parcels. A lot of the documents are the same documents. A lot of the -- parcels -- Commissioner Haskins: Talking about Parcels 1 and 3 -- Ms. Alkalay: Yes, yes, I am. Commissioner Haskins: -- but by everyone's admission, nothing's happening on Parcel 1 for a long time. Ms. Alkalay: Well, it may be that nothing's happening for a long time, but if you grant the rezoning, something may happen, and I want to make sure that we don't grant the rezoning, so my arguments that apply to both Parcel 1 and 3, a lot of the documents submitted by the applicants are the same documents. My arguments will be the same for both. Commissioner Haskins: But you can't argue it both ways. Ms. Alkalay: I can argue it twice. Commissioner Haskins: You can't argue it that there's no reason because nothing's going to happen, and then argue against it because if you change it, it's going to be the end of the world because -- Ms. Alkalay: I would like to make my -- Commissioner Haskins: OK, because of the -- Ms. Alkalay: There's definitely something going on that I would like to show is improper and inappropriate, and I would like to have the opportunity to do that, and with your indulgence, I'll do it twice -- Commissioner Haskins: I think that testimony is probably best at second reading, OK? I wanted to see what the bay walk was, what the differences were in the bay walk between the two parcels, but those arguments, I think, should be in -- because we didn't talk about the development -- Ms. Alkalay: No. Commissioner Haskins: -- we talked about -- Ms. Alkalay: There are -- Commissioner Haskins: -- the -- only the baywalk. Ms. Alkalay: -- irregularities in the filing of the documents. Mr. Fernandez: That would be appropriate. I mean, she's addressing the application itself. She's not addressing the actual development, so she's within her rights to address those concerns. Commissioner Haskins: I was only addressing her comments on the impact on traffic. Mr. Fernandez: Correct, and that's understood. City ofMiami Page 202 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: All right. Ma'am -- Ms. Alkalay: OK. I didn't talk about the impact of traffic. Vice Chairman Sanchez: -- are you ready with --? Ms. Alkalay: Yes. I am ready. I have exhibits, but what I would like to clarify is that my presentation is going to cover both parcels, and I can do it twice, or I can ask you to include it in the record, and I would like to give you the exhibits for you to follow. Vice Chairman Sanchez: Ma'am, how much time are you going to need? Ms. Alkalay: Probably 20, 25 minutes. Well, I apologize, butt mean, we --I flew in from New York. I appreciate that you've been up a long time. We were willing to defer all the projects. It was the project applicants that refused to do that. Vice Chairman Sanchez: Look, I certainly don't want to deny you due process in any way. Can - - try to expedite it. Ms. Alkalay: I will do that. It's a complex case, and I will do what I can. OK. OK, my -- Vice Chairman Sanchez: And you can't just do Parcel 1? Ms. Alkalay: I -- really, they're the same documents, and I don't want to be precluded from objecting to both. Vice Chairman Sanchez: All right. What's ever simpler -- Ms. Alkalay: OK. Vice Chairman Sanchez: -- for you. Ms. Alkalay: Thank you. Vice Chairman Sanchez: Let's try to do it in 20 minutes. Ms. Alkalay: OK. My name is Loretta Alkalay. I bought a condominium across from 1 Herald Plaza in June 2005. I am also an attorney in New York. I have handled environmental and land use issues throughout the United States for more than 25 years. I've also worked on and I've handled a number of civil fraud cases, and I've worked on some significant criminal fraud cases. The applications for land use and zoning changes for Parcels I and 3 should be rejected, and the resolutions of the City ofMiami Zoning and Planning Advisory Board recommending denial should be adopted. At best, the applications are incomplete and should be rejected as such. At worst, these applications were improperly filed in KnightRidder's name without KnightRidder's corporate consent. The Zoning Ordinance 11000, Section 2202 clearly states that no person shall apply for an amendment for the rezoning of property except an owner or agent, or attorney for an owner, and I would like to draw your attention to Attachment 1. Attachment 1 is an affidavit from Larry Marbert. Larry Marbert did work for Knight Ridder, and he may work for McClatchy today. However, the affidavit that he filed does not indicate that he works for Knight Ridder, does not indicate his position with Knight Ridder, and it does not indicate that he is authorized to speak for Knight Ridder. The law requires corporate resolutions. There are no corporate resolutions in the file. Knight Ridder is a publicly held corporation, and it requires a corporate resolution for it to be binding. What is most troubling is this letter, which I brought up to you, which is Attachment 2 also, and -- what I'd like to point out is this letter is very -- is odd. City ofMiami Page 203 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Knight Ridder, Inc. is not Knight Ridder's letterhead. Knight Ridder's letterhead is a service mark, which there are copies of and I can point out the exhibit that is. Miami Herald reporter -- and ifI must, I will give you his name -- confirmed to us that that is not Knight Ridder letterhead. The letter is very interesting. It's addressed to Lucia Dougherty, and what it says -- it's not a dated letter, and it does not, in any way, identify the property as 1 Herald Plaza. It says, "This letter serves to advise you that Greenberg Traurig has the authority to file, with the City of Miami, a Major Use Special Permit application for property located in Miami -Dade County, Florida, on behalf of City Square Group, LLC, which is the proposed purchaser of my property. Now Larry Marbert is a citizen. He may have property in Florida. For all I know, it's in Miami -Dade County, but he does not own Knight Ridder. He does not own The Miami Herald. This is odd, and when you have an odd document, it raises question. How does this document authorize Greenberg Traurig to be their attorney? Furthermore, it says it is my understanding that Citisquare Group will be paying for all application fees, as well as for all legal fees earned by Greenberg Traurig. This is the only document in the file that purports to give Greenberg Traurig the authority to act for Knight Ridder, and I tell you that it has significant problems. It is not Knight Ridder letterhead. It is not dated, and it does not refer specifically to the property at issue, which is 1 Herald Plaza, and I would say it raises tremendous questions about the good faith of the applicants in claiming that they represent Knight Ridder. Knight Ridder is not here, and there is no document from Knight Ridder. I can show you in the file -- in the attachments what Knight Ridder -- if you look at Attachment 5, that is what Knight Ridder's letterhead looks like. You look like you have a question. Vice Chairman Sanchez: No. No, I don't. Ms. Alkalay: What is also very troubling is -- and also indicative that Knight Ridder did not give its corporate consent is that the applications were filed in the name of KnightRidder Newspapers, Inc. Knight Ridder Newspapers -- ifyou look at Attachment 3 -- Knight Ridder Newspapers, Inc. has not existed as a corporation for more than 20 years. In 1986, a corporate resolution merged Knight Ridder and Knight Ridder Newspapers, Inc., and Knight Ridder, Inc. became the successor corporation. Now you've all either hired attorneys or are attorneys yourself and if there's one thing that an attorney knows is the name of their client, and I tell you that Greenberg Traurig did not know the name of its client. I also tell you that, in the applications, which is also rather peculiar, the applications that were filed indicate that Knight Ridder is owned by Miami Herald Publishing Company, Knight Ridder Newspapers, and Richwood, Inc. It's hard to imagine that if Knight Ridder were in fact Greenberg Traurig's client, that they did not know that The Miami Herald was owned by Knight Ridder. I mean, these are pretty shocking. Greenberg Traurig is one of the largest law firms in America. It makes no sense for Knight Ridder to have filed these applications because it has, with regard to Parcel 1 specifically, repeatedly stated that it does not intend to sell its Miami Herald offices. From its March 7, 2005 press release announcing the sale of its parking lots to Terra Group to numerous quotes from Knight Ridder executives and Larry Marbert himself Knight Ridder has repeatedly and consistently stated it has no intention of selling its Miami Herald offices, and if you look at Attachment 4, and the only reason I want to bore you with the quotes is because I think it's -- becomes clear, it's like a drumbeat of KnightRidder/Miami Herald people saying we're not selling. Well, if you're not selling, why would you rezone? Why would you make your property a nonconforming use? And creation of new nonconforming uses is prohibited by Miami Ordinance 11000, Section 200. In March 7, 2005, in making the announcement Friday, both Knight Ridder and the Herald scotched earlier rumors that the Herald's building at 1 Herald Plaza was a part of the deal. "It is not for sale, " Marbert stressed. May 6, 2006, company executives say the building is not now for sale and will remain in place for the foreseeable future. Miami Herald Publisher Jesus Diaz said that's unlikely to change even after the pending purchase of KnightRidder by the McClatchy Company. I will tell you that I spoke with the general counsel for McClatchy. Her name is Karole Morgan -Prager, and she told me that she had no idea that the property was being rezoned. I was the one who told her about that, and she told me that The Miami Herald was not going anywhere. "Knight Ridder has always said the City ofMiami Page 204 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 building is not on the Market," Diaz said in an interview. "That position has not changed, and I don't foresee it changing under McClatchy." May 17, 2006, which was the date of the Planning Advisory Board hearing, Larry Harbert, Knight Ridder's vice president of production and facilities, reiterated what Knight Ridder officials have said repeatedly since the company first put the ten acres on the block. I don't know how many different ways I can say it, the building is not for sale. In fact, during the bidding process, those who included the building in their bids were excluded." I think it should be noted that the agreement that Knight Ridder had -- the merger agreement that Knight Ridder had with McClatchy prohibited it from taking action to subdivide, rezone, and build on 1 Herald Plaza. Specifically, what the merger agreement stated was that Knight Ridder covenants and agrees with McClatchy that (A) the business of Knight Ridder and its subsidiaries shall be conducted in, and such entities shall not take any action except in the ordinary course of business. Rezoning your corporate headquarters is not in the ordinary course of business, and Knight Ridder and its subsidiary shall use commercially reasonable efforts to preserve intact their business organizations. Well, clearly, rezoning and planning a building on top of your property is not preserving your business intact. Contrary to what the Citisquare argues, the current land use and zoning for Parcels 1 and 3 are perfectly consistent with the current and future use of the property, as determined by the owner of the property. It's not the developer that determines the use of property; it's obviously the owner. Parcel 1 is an office building for Herald reporters and executives, and the printing press Parcel 3 is a delivery truck entrance for Herald trucks going to the printing press, which, under every scenario, remains exactly as it is today. Citisquare's claim that it needs to protect the view corridors of The Herald parking lots it recently purchased is contrary to assertions made by Lucia Dougherty at the May 8, 2006 Zoning Board, where she stated that restrictive covenants have been agreed to by The Herald which will control future development. As I stated, changing the land use and zoning would make 1 Herald Plaza a nonconforming use, which is prohibited. The evidence clearly shows that the property owner has not filed the application, and I do want to point out that, at the first Zoning Board hearing, it was pointed out by Commissioner Ganguzza that there was a problem with the documents that were filed. I pointed that out at the May 8 hearing. It was pointed out at the Planning Advisory Board hearing, and they still haven't done the corporate resolutions, which, to me, makes clear that they cannot get the corporate resolutions because, if they could, why wouldn't they? What is the big deal? They need corporate resolutions; get the corporate resolutions. In addition, the law requires that all property owners file the application. Their own documents indicate that there are other owners. For example, Richwood, Inc. is listed in their deeds as a property owner. There's no application. There's no consent. There's no authorization from Richwood, Inc. There are -- there's an easement owner. The easement owner has not filed an application. Bayfront Park owns the easement. There's no information. There's no authorization. We're talking about a major project with huge defects. There's a right-of-way. I have asked for these documents. I haven't been given these documents. I've raised these issues repeatedly. Why is it so hard for them to comply with the law? There's -- I'm sorry. Commissioner Haskins: Is that -- are those easements -- do those apply to both Parcels 1 -- Ms. Alkalay: Yes, they -- Commissioner Haskins: -- and 3? Ms. Alkalay: -- do. Yes. Bay Park [sic] easement runs across the entire property, and I would - Commissioner Haskins: And the -- and then different owners? Ms. Alkalay: No. It's the same owner, but they haven't filed from either owner. There's no authorization, and the same with their right-of-way. There's coastal construction setback, control lines -- one of the other things, which clearly indicates that they did not have the City ofMiami Page 205 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 authority of KnightRidder, is when Commissioner Ganguzza, from the Zoning Board, asked for the articles of incorporation. They had to go to a title company to get them. Now, clearly, if your client is the corporation, wouldn't they just give you the articles of incorporation? Would you pay for a title report? Doesn't make any sense to me. In addition, the law required that disclosure of all parties having a financial interest. Now McClatchy clearly had a financial interest because they had a merger agreement with Knight Ridder. They didn't bother complying with any of those requirements. No articles of incorporation were ever provided for Richwood, Inc. or Citisquare, LLC. The title report indicates restrictive easements -- indicates easements and restrictive covenants that are not identified anywhere. The project -- both projects are incomplete and devoid of information. Commissioner Regalado: I have a question, Ms. Alkalay. Ms. Alkalay: Yeah. I'm sorry. I couldn't tell who was talking. Commissioner Regalado: The public debate has been air on Cable TV (television). The Herald is within the City municipality limits. They have reporters covering this. This has been an issue that had been raised in the Zoning Board, in the Planning Board, so my question is, why does The Herald has not raised the issue that they are not a part of this? I mean, why the secrecy? Ms. Alkalay: Well, I can only tell you -- and I have done fraud investigations, and I've done investigations. All I can tell you is that there's something wrong here. I don't know the motivation why. Why would someone write something on letterhead that's not KnightRidder's? Why wouldn't they produce the corporate resolutions? One of the things -- I mean, I think that there's a difference between Knight Ridder and The Miami Herald. The Miami Herald reporters have told us that they can't write the stories they would otherwise write because they can't write about their own employer. I don't know what the scam is, to be honest with you. All I know is that there is a scam, and I -- ifI continue, I can tell you some other improprieties that have occurred. Commissioner Haskins: You know, these are really tough charges, and I think that we really need to keep it at a different level here, and I under -- I mean, look, you've brought your points up, but let's not call it scams and that sort of thing. Ms. Alkalay: Well -- Commissioner Haskins: We don't -- you know, there's another side that needs to present here, and this isn't a criminal trial here. Ms. Alkalay: Well, but with all due respect, there are some very funny things going on, and I have never in my life seen a letter on phony letterhead -- Vice Chairman Sanchez: Ma'am -- Ms. Alkalay: -- introduced into a file. Vice Chairman Sanchez: -- I think you've made your point -- Ms. Alkalay: OK. Vice Chairman Sanchez: -- on the letter and the irregularities that you have stated, and in conclusion, is there anything else that you would like to put on the record? Ms. Alkalay: Yes. I would like to continue with the numerous irregularities in the applications themselves. Applications are not notarized or are notarized before the date the applications City ofMiami Page 206 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 were signed and dated. For example -- and there are some that are MUSPs, some that are the Neighborhood Comprehensive Plan. If you look at Parcel 3 MUSP, there's no notarizations at all, and that's Attachment 6. More disturbing are the notarizations of the other applications, including Parcel 1 and 3, amendments to the Miami Comprehensive Neighborhood Plan, where the notarizations are inexplicably dated a week or more before the date they're signed by Javier Avino, which means that they basically are contrary to Florida law. You can't sign -- you can't notarize a document before it's signed, and I could tell you that there are numerous examples that I have given you, and while you might think that one improper notarization is a mistake, the -- there is not one single notarization that is appropriate. In addition, the documents signed by Javier Avino that certify that all the documents are correct are dated before the preceding documents, including an affidavit ftom Larry Harbert, and before the date he himself signed the application. I would also tell you that the City employees have engaged in a pattern of conduct that deprives the public, and in particular project opponents, of due process of law, and I apologize if you -- if this is late, but these are significant allegations of impropriety that have affected our due process rights, and I apologize if these are strong words, but I am quite shocked by what I discovered, and I would like to let you know without feeling that by bringing you shocking allegations that I am somehow in the wrong. In complete contravention of the requirements of Section 2215, titled "Requirements concerning changes in original applications after processing begins," City employees in the Board of Hearings allowed pages of dated and notarized applications to be removed and substituted after the Zoning Board and Planning Advisory Board hearings. This has resulted in backdated documents and affidavits swearing to the accuracy of documents that have no meaning. In addition, the City Commissioners and the public have no way of knowing what documents are properly before them today, and I can tell you how we discovered this. On May 25, 2006, I came with Patricia Mayor, another project opponent, to the Board of Hearings. I had previously reviewed the documents there, and I noted that, for Parcel 1, one of the pages was different. It was a different type, and the name of the applicant had been changed from Knight Ridder Newspapers, Inc. to Knight Ridder. I noted that. I was going to take it back because I was concerned about how that had happened, and then I reviewed Parcel 3, and I noted that a group of the -- four pages were clipped together, and there was a yellow sticky on it that said "New/Update, " and another one that said "Parcel 3." I didn't see any signature pages. I asked the City employee that was watching us where the signed and dated pages were. She told me that she needed to remove the old pages and insert the changed pages. I said -- and I was incredulous -- "How can you do that? The pages are signed and notarized," and she said, I can't say anything more. You have to speak to Anel Rodriguez." She came -- he came over and I asked him how pages in sworn documents could be changed, and he said, "That's how we do things," and that is really quite dismaying. The date on the documents from Javier Avino were dated February of 2006, but they were not in the file when I first reviewed it, and when they were added to the file, the indication -- and they're in -- attached as exhibits to the documents. Vice Chairman Sanchez: Ma'am -- Ms. Alkalay: This is part of the -- you look puzzled. Vice Chairman Sanchez: No, just, you know -- Commissioner Haskins: Can we hear from --? Vice Chairman Sanchez: -- those are serious allegations -- Commissioner Haskins: Yeah. These are very serious allegations -- Vice Chairman Sanchez: -- and you know, maybe they shouldn't be made here, and they should be made at the State Attorney's Office. Ms. Alkalay: Well, one of the things I wanted to ask you is that you refer these allegations to the City ofMiami Page 207 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 appropriate body. Vice Chairman Sanchez: Well, but -- you know, I'd rather you turn in the documents in to the City Clerk, and then we'll review them, and then if that needs -- you know, if that's the avenue we take -- but I think it's you who found this out. It is you who has all the proper information. It is you who could testify to the incident, not me, who needs to go to the State Attorney's Office. You're an attorney; you know better than that. Ms. Alkalay: Well, I mean -- Vice Chairman Sanchez: But listen, that's irrelevant here. Listen, I'm going to say this. It is now 9:30, OK. We're on item 30 and 31. We will finish those items, but unless there is a unanimous vote to continue the Commission meeting, no other items will be heard tonight. We do have an ordinance in place -- and I don't think the votes are here to continue because we do have -- this item is going to drag on forever, and then we are still stuck with several other items that are all going to be very controversial, so it is not our fault. We have -- every year in July this happens that we get -- all the items are put on the agenda, so as the Chair, unless there is four votes here to stay -- and I am not going to do it -- I'm going home as soon as 30 and 31 because I have three children and a wife that I'm going to be with tonight, so let's finish 30 and 31. Make your -- you need to make your case for the record here -- Ms. Alkalay: Yes. Vice Chairman Sanchez: -- and then we'll allow the other side, and we'll just continue with these two items because I -- Commissioner Haskins: Commissioner, let's just make a motion to continue, until September, all the rest of the items. There's no reason -- I think that we want to be able to hear all these items. The -- we've heard that clearly from the neighbors that they want to hear all the items, so let's just defer it. I don't want to hear it one at a time. Vice Chairman Sanchez: Well -- Commissioner Haskins: How does the developer feel on that? Yes -- Vice Chairman Sanchez: Commissioner -- Commissioner Haskins: -- developers? Vice Chairman Sanchez: I mean, we've heard -- we went through half -- Commissioner Haskins: I know how the neighbors feel. Vice Chairman Sanchez: -- of the testimony, and ma'am, I hate to cut you through. I mean, I would have preferred maybe we could have finished it off and maybe not even vote on it, and deferred it so it's on the record already and then you don't have to do it all over again. Ms. Alkalay: Well -- Vice Chairman Sanchez: For the sake of time and for harmony -- Commissioner Regalado: I'll second. Ms. Dougherty: Mr. Chairman, how would you like me to handle all of these scurrilous remarks by this woman? City ofMiami Page 208 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: Well, we shouldn't even be listening to that. Ms. Dougherty: Should I --? Commissioner Haskins: You know, I would like -- Mr. Fernandez: Mr. Chairman. Ms. Dougherty: OK, so let me ask you a question. Mr. Fernandez: Mr. Chairman. Commissioner Haskins: In fairness, I think -- Vice Chairman Sanchez: Whoa, whoa, whoa, whoa, whoa, whoa, whoa, whoa. Ms. Dougherty: Here's what I think I should do. Vice Chairman Sanchez: Mr. Attorney. Mr. Fernandez: Mr. Chairman. Excuse me. Ms. Dougherty: Should I meet with the City Attorney between now and September? Mr. Fernandez: No. Vice Chairman Sanchez: No,. Mr. Fernandez: The -- what I suggest you do -- and you still have 25 minutes -- is to allow the presenter, within the 20 minutes limit that you gave here -- I don't know how many more minutes she has. Even if she -- this doesn't count against here, but for her to finish, and then do allow Ms. Dougherty to answer some of those issues, and then, if Commissioner Haskins' motion to continue the item -- Vice Chairman Sanchez: That's what we'll -- Mr. Fernandez: -- 30, 31 carries, then you may continue the whole to September. Vice Chairman Sanchez: -- and that's what I -- that's what we're going to do, so go ahead and continue. You're almost -- Mr. Fernandez: How much more time, Madam Clerk, does this presenter has? Vice Chairman Sanchez: Well, she -- I'm sure she's past her 20 minutes. I've been very lenient. Commissioner Haskins: Two minutes. Vice Chairman Sanchez: No? Ms. Thompson: One minute and fifty-six seconds. Vice Chairman Sanchez: Wow. Mr. Fernandez: And you did stop the clock before we started the comments? City ofMiami Page 209 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Ms. Thompson: Yes, I did. Vice Chairman Sanchez: Not bad. Mr. Fernandez: All right. Vice Chairman Sanchez: Ma'am, please proceed -- Ms. Alkalay: OK -- Vice Chairman Sanchez: -- in conclusion. Ms. Alkalay: I guess what just want to clarify is that when we do this hearing again, I will have the opportunity to restate these objections for the record. Mr. Fernandez: No, you will not -- Vice Chairman Sanchez: No, you will not. Mr. Fernandez: -- because these are already part of the record, and it will be one continuous record. Ms. Alkalay: OK, so that will include Parcel 3 or not? Vice Chairman Sanchez: It will include both. You've been testifying on both. Ms. Alkalay: OK, so issues, though, related to the MUSP, I can raise separately. Commissioner Haskins: Yes. Vice Chairman Sanchez: Yes. Mr. Fernandez: Yes, because the MUSP -- Ms. Alkalay: OK. Mr. Fernandez: -- is not in front of the Commission today. Ms. Alkalay: OK. Well, you know, I'm a little bit -- and I must put on the record that finding serious allegations of wrongdoing is not a reason for the kinds of comments, quite frankly, that I've gotten. I am outraged that these issues have come up, and I just want to make clear thatl am disturbed by what have found;; that don't consider them to be scurrilous; that consider them to be evidence for your consideration as to whether we were denied due process or not, so with that, I will conclude my remarks on the land use -- Mr. Fernandez: Correct. Ms. Alkalay: -- and rezoning. Commissioner Haskins: Believe me, we all -- I'm sure that we all believe that these are very serious and need to be -- Commissioner Regalado: But -- City ofMiami Page 210 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Commissioner Haskins: -- addressed. Commissioner Regalado: -- Ms. Alkalay, you are a land use attorney, and what you said you found is something that you know very well the law. If there is any criminal activity in this application, rather -- like Commissioner Sanchez had said -- than bringing to the public, wouldn't you, as an officer of the court -- I don't know if you remember The Florida Bar, but wouldn't it be better to go to the -- not only the State Attorney, but the Ethics Commission because of -- this is government -alleged wrongdoing. Ms. Alkalay: I may or may not -- Ms. Thompson: You need to be on the mike. I'm sorry. I can't re -- Alkalay: OK. I may or may not have done that. I may or may not do that, but right now my concern is with how this process ran and what was done, so I feel I have an obligation to bring it to your attention for consideration as to whether or not the property owner filed the application, why there are curious documents in the file, why things have happened that are of concern. Vice Chairman Sanchez: Thank you, ma'am. OK. You have time now. Ms. Dougherty: Thank you, Mr. Chairman, members of the board. Again, Lucia Dougherty. In terms of this letter written by Larry Marbert, I must admit it is inaccur -- I mean, inarticulately written. It is one of the form letters that the City has adopted that we submit to show that we are authorized to represent them. It is actually not a requirement. We do it for our own protection, but it says here all -- this is the proposer. The proposed purchaser of my property -- that's obviously an inarticulate form letter that the Knight Ridder Larry Marbert signed. Now in terms of why it has a different logo or letterhead, maybe Knight Ridder has more than one letterhead. Who knows? I certainly don't know, but I mean, it's kind of a ridiculous allegation. Then in terms of -- just to prove that though, we do have Craig Weischwill, vice president of The Miami Herald, and on behalf ofMcClatchy, here this evening, as well as Gus Perez, director of The Miami Herald, on behalf ofMcClatchy. I have a letter written by the woman who said she did not know that there was an application filed by McClatchy. She is the general counsel, Karole Morgan -Prager, who has indicated -- here's a copy for everyone -- that McClatchy Newspapers understands, acknowledges, and has consented to these applications, all four of them that are here before you today. I also have an affidavit, that's also in the Major Use Special Permit, by Larry Marbert. Again, she says the facts as represented in the application and the documents submitted in conjunction with this affidavit are true, and in connection with the application. Again, that was put in the Major Use Special Permit after it was alleged at the Zoning Board or Planning Board -- I don't remember -- that we didn't have the authorization, or he didn't have the authorization to sign the documents. I don't know aboutAnel changing documents out at the City Clerk's Office, but it isn't -- it would not be unusual for him to call the office and say, hey, you need to fill in this thing. You missed something to fill in. That would not be an unusual thing for a City administrator to do. I don't know what happened in this particular case, if in fact, documents were changed. In terms of the ownership of the property, Board Member Ganguzza raised it at the Zoning Board that we didn't own the property or that the documents were incorrect. It was a very lengthy chain of title. Can I tell you --? It was a merger. It was a change in name so that the deeds that were in the Major Use Special Permit application were not the same names that are on the actual ownership of the company, and that's because they merged names after the deeds were done. It was a very lengthy chain of title. We went to the Zoning Board -- back to the Zoning Board the next month because it was deferred for that reason. Joe Ganguzza was -- accepted the chain of title and the evidence that was presented, including a title opinion, and the City Attorney accepted it as well, so -- George Wysong, who was there at the CityAttorney's be -- from the CityAttorney's Office, looked at the chain of title. He looked at the title opinion, and he looked at all the evidence and determined that the correct people had actually filed the application on behalf of the property owner, and they were here to City ofMiami Page 211 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 hear that. In terms of Ridgewood not being there, Ridgewood does not own any part of Parcel 1. There are no easements in connection with Parcel 1. There are no covenants in connection with Parcel 1 yet. These are covenants that we would proffer, or that my client has made The Miami Herald agree to sign in the event that the zoning was approved, so that's the reason for the covenant. I -- there were so many allegations, I don't know where else to begin, but I think these were the major ones. Oh, the people from The Miami Herald are here and willing to speak. Craig Weischwill: Good evening. I'm Craig Weischwill, work for The Miami Herald. I'm the vice president of operations there. Greenberg Traurig represents us in this. McClatchy -- the McClatchy Company, the survivor of the merger between Knight Ridder and -- Ms. Thompson: I'm sorry. We need you to speak into the mike because -- Weischwill: How about this one? That -- the McClatchy Company, which is the survivor of the merge between Knight Ridder and the McClatchy Company, does, in fact, support the application for rezoning, supports the application for the MUSP. Mr. Fernandez: Well, excuse me, more than support. You, in fact, have authorized Ms. Dougherty to act in your behalf. Mr. Weischwill: In fact, we have, sir. Mr. Fernandez: All right. Vice Chairman Sanchez: All right, so well stated on the record. Mr. Weischwill: Thank you. Vice Chairman Sanchez: Anything else? Counselor, is there anything else? Ms. Dougherty: I don't have anything else. Vice Chairman Sanchez: OK. All right. Here's what we're going to do, OK. We're going to continue item 30 and 31 to September. However, September PZ (Planning & Zoning) meeting, there are 58 items, all right, so therefore, as the Chair, I am going to request a special meeting in September to address all these issues and get rid of them, so I could only make the recommendation that we hold a special meeting addressing these items so we could get rid of them, and then, of course -- I mean, September, 58 PZ items. There's just no way, and it's just a backlog of PZ items. I got PZ coming out the ears. Sir, you're going to have plenty of time, all right? Unidentified Speaker: I'm not saying anyting. Vice Chairman Sanchez: OK, so I think that we all agree on that. If my -- Commissioner Regalado: Mr. Chairman, I think that -- Vice Chairman Sanchez: Yes, sir. Commissioner Regalado: -- you can even probably pick a day. We have four members here, and at least, it is a very good idea to have just a special meeting for this item, and you know, so we won't be rushing them and us, and I'm willing to come, you know, regular time. Mr. Fernandez: Mr. Chairman, ifI may remind you, earlier today, you moved your regularly scheduled meeting of September 14 to the 12th because you were frying to achieve some City ofMiami Page 212 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 economy of scales here. Now because of this need, keep in mind you now how the 14th. Now you'll be meeting twice in a week, which is precisely what you were trying to avoid earlier on by moving your 14th meeting to the 12th. Vice Chairman Sanchez: But I don't have a problem and I don't think anybody has a problem with having it the first week of September. I mean, August, it's -- we're all on vacation on August. I planned vacation with the family, and I'm just not going to be here in August. Commissioner Haskins: First week in September. We'll -- Vice Chairman Sanchez: So if we agree -- Commissioner Haskins: -- set a date. Vice Chairman Sanchez: -- Mr. City Manager, are you here? Let's go ahead and schedule a special PZ hearing on these items so we could take them all. Mr. Fernandez: Would that be September 7, Thursday? Vice Chairman Sanchez: September 7 is fine. Are both parties in agreement? Unidentified Speaker: Yes. Commissioner Regalado: In the afternoon? Vice Chairman Sanchez: So I -- yes. We could start -- let's say we could start at 2 and maybe finish at 10, 11, 12. It don't matter to me. Unidentified Speaker: It's OK with us. Vice Chairman Sanchez: It's OK with you? Unidentified Speaker: Yes. Vice Chairman Sanchez: All right, so we're all in agreement, so therefore, PZ.30 and 31 have been continued for a special meeting on the 7th -- Unidentified Speaker: It would be September 7. Vice Chairman Sanchez: -- here scheduled -- properly scheduled at 2 o'clock. Commissioner Haskins: Mr. -- Mr. Fernandez: Now that is 30, 31, 32, 33, 34, 35. Vice Chairman Sanchez: Yes, sir. Mr. Fernandez: All of those items are being continued to September 7, at 2 p.m. Commissioner Haskins: And Mr. City Attorney, and Lucia, and the Venetian Plaza folks, and all of you, there were some very damaging statements made tonight about ethics and all of that, so when we meet in September, I want to make sure that this is all cleared up -- Mr. Fernandez: Yes. City ofMiami Page 213 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Commissioner Haskins: -- because it is not proper, in these settings, to have that level of discourse without having good facts, and it seems to me that we need to get that cleared up for everyone's sake, and I would hope that, in the future, if there are these sorts of items that are of concern, that they're straightened out before they're brought in a public hearing like this. Vice Chairman Sanchez: All right. Madam Clerk. Ms. Thompson: I'm sorry. I need the record -- Mr. Fernandez: A res -- yes. Ms. Thompson: -- to be correct. I need, if I'm not mistaken, two motions, one to schedule the special -- I'm sorry, one to continue these items -- Mr. Fernandez: Right, and the other one to -- Ms. Thompson: -- and then one to -- Mr. Fernandez: -- call for a -- Vice Chairman Sanchez: All right. Mr. Fernandez: -- special meeting. Ms. Thompson: Exactly. Vice Chairman Sanchez: All right. Is there a motion to continue these items? Commissioner Regalado: Move it. Vice Chairman Sanchez: Moved by Commissioner Regalado, second by Commissioner Haskins. 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, says "nay." It passed. PZ.31 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 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. City ofMiami Page 214 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 06-00379zc Analysis.pdf 06-00379zc Zoning Map.pdf 06-00379zc Aerial Map.pdf 06-00379zc ZB Application & Supporting Docs.pdf 06-00379zc ZB Fact Sheet 04-10-06.pdf 06-00379zc ZB Fact Sheet 05-08-06.pdf 06-00379zc ZB Reso.PDF 06-00379zc CC Legislation (Version 2).pdf 06-003791u & 06-00379zc Exhibit A.pdf 06-00379zc CC Application & Supporting Docs.pdf 06-00379zc CC FR Fact Sheet 06-22-06.pdf 06-00379zc Submittal.pdf 06-00379zc CC FR Fact Sheet 07-27-06.pdf 06-003791u & 06-00379zc Clarifying Application Documents.PDF 06-00379zc CC FR Fact Sheet 09-07-06.pdf LOCATION: Approximately One Herald Plaza (Parcel 1) APPLICANT(S): Javier F. Avino, Esquire, on behalf of Citisquare Group, LLC, Contract Purchaser, and Knight-Ridder Newspapers, 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. CONTINUED A motion was made by Commissioner Regalado, seconded by Commissioner Haskins, and was passed unanimously, with Chairman Gonzalez absent, to continue PZ.30, PZ.31, PZ.32, PZ.33, PZ.34, and PZ.35 to the special City Commission meeting currently scheduled for September 7, 2006, at 2 p.m. PZ.32 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. City ofMiami Page 215 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 06-003831u - PAB Fact Sheet.pdf 06-003831u - PAB Legislation.pdf 06-003831u - PAB Application Documents.pdf 06-003831u - Analysis.pdf 06-003831u - Concurrency Report.pdf 06-003831u - Comp Plan Map.pdf 06-003831u - Zoning Map.pdf 06-003831u - Aerial Photo.pdf 06-003831u PAB Reso.pdf 06-003831u CC Legislation (Version 2).pdf 06-003831u & 06-00383zc Exhibit A.pdf 06-003831u CC Application & Supporting Docs.pdf 06-003831u CC FR Fact Sheet 06-22-06.pdf 06-003831u Submittal.pdf 06-003791u CC FR Fact Sheet 07-27-06.pdf 06-003831u & 06-00383zc Clarifying Application Documents.PDF 06-003831u CC FR Fact Sheet 09-07-06.pdf LOCATION: Approximately One Herald Plaza - Parcel 3 APPLICANT(S): Javier F. Avino, Esquire, on behalf of Citisquare Group, LLC, Contract Purchaser, and Knight-Ridder Newspapers, Inc., Ownerand 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 06-00383zc and related File IDs 06-003791u and 06-00379zc. PURPOSE: This will change the above property to Restricted Commercial for the proposed Herald Square - Parcel 3 Major Use Special Permit. CONTINUED A motion was made by Commissioner Regalado, seconded by Commissioner Haskins, and was passed unanimously, with Chairman Gonzalez absent, to continue PZ.30, PZ.31, PZ.32, PZ.33, PZ.34, and PZ.35 to the special City Commission meeting currently scheduled for September 7, 2006, at 2 p.m. PZ.33 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 City ofMiami Page 216 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00383zc Analysis.pdf 06-00383zc Zoning Map.pdf 06-00383zc Aerial Map.pdf 06-00383zc ZB Application & Supporting Docs.pdf 06-00383zc ZB Fact Sheet 04-10-06.pdf 06-00383zc ZB Fact Sheet 04-10-06.pdf 06-00383zc ZB Reso.PDF 06-00383zc CC Legislation (Version 2).pdf 06-003831u & 06-00383zc Exhibit A.pdf 06-00383zc CC Application & Supporting Docs.pdf 06-00383zc CC FR Fact Sheet 06-22-06.pdf 06-00383zc Submittal.pdf 06-00383zc CC FR Fact Sheet 07-27-06.pdf 06-003831u & 06-00383zc Clarifying Application Documents.PDF 06-00383zc CC FR Fact Sheet 09-07-06.pdf LOCATION: Approximately One Herald Plaza (Parcel 3) APPLICANT(S): Javier F. Avino, Esquire, on behalf of Citisquare Group, LLC, Contract Purchaser, and Knight-Ridder Newspapers, Inc., Ownerand 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 06-003831u and related File IDs 06-003791u and 06-00379zc. 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. CONTINUED A motion was made by Commissioner Regalado, seconded by Commissioner Haskins, and was passed unanimously, with Chairman Gonzalez absent, to continue PZ.30, PZ.31, PZ.32, PZ.33, PZ.34, and PZ.35 to the special City Commission meeting currently scheduled for September 7, 2006, at 2 p.m. PZ.34 06-01053mu 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 CITY SQUARE RETAIL PROJECT, TO BE LOCATED AT APPROXIMATELY 1431-1451 NORTH BAYSHORE DRIVE AND 425 NORTHEAST 13TH STREET, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 130-FOOT, 5-STORY HIGH RETAIL STRUCTURE TO BE COMPRISED OF APPROXIMATELY 641,104 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 4,052 TOTAL PARKING SPACES; City ofMiami Page 217 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 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. 06-01053mu - PAB Fact Sheet.pdf 06-01053mu - PAB Analysis.pdf 06-01053mu - Zoning Map.pdf 06-01053mu - Aerial Photo.pdf 06-01053mu - Traffic Sufficiency Letter (6.7.06).pdf 06-01053mu - UDRB Resolution (5.17.06).pdf 06-01053mu - IDRC Comments (5.9.06).pdf 06-01053mu - School Board Comments (4.24.06).pdf 06-01053mu - Public Works Comments (4.24.06).pdf 06-01053mu - Aviation Comments (5.4.06).pdf 06-01053mu - PAB Legislation.pdf 06-01053mu - Exhibit A.pdf 06-01053mu - PAB Exhibit B.pdf 06-01053mu - Table of Contents.pdf 06-01053mu - TAB A - Letter of Intent.pdf 06-01053mu - TAB B - Application.pdf 06-01053mu - TAB C - Zoning Write Up.pdf 06-01053mu - TAB D - Legal Description.pdf 06-01053mu - TAB E - Aerial.pdf 06-01053mu - TAB F - Zoning Atlas Page 23.pdf 06-01053mu - TAB G - Project Data Sheet.pdf 06-01053mu - TAB H - Warranty Deed(s) & Property Tax Information.pdf 06-01053mu - TAB I - Ownership List & Mailing Labels.pdf 06-01053mu - TAB J - State of Florida Corporate Documents.pdf 06-01053mu - TAB K - Directory of Project Principals.pdf 06-01053mu - TAB L - Project Description.pdf 06-01053mu - TAB M - Minority Construction Employment Plan.pdf 06-01053mu - TAB N - Sufficiency Letter.pdf 06-01053mu - TAB N - Traffic Impact Study.pdf 06-01053mu - TAB 0 - Site Utility Study.pdf 06-01053mu - TAB P - Economic Impact Analysis.PDF 06-01053mu - TAB Q - Survey.pdf 06-01053mu - TAB Q - Site Plans of Property including Photos.pdf 06-01053mu PAB Reso.PDF 06-01053mu CC Analysis.pdf 06-01053mu CC Legislation.pdf 06-01053mu CC Exhibit B.pdf 06-01053mu CC Fact Sheet 07-27-06.pdf 06-01053mu & 06-01054mu Supplemental Disclosure of Ownership.PDF 06-01053mu CC Fact Sheet 09-07-06.pdf LOCATION: Approximately 1431-1451 N Bayshore Drive and 425 NE 13th Street APPLICANT(S): Ben Fernandez, Esquire, on behalf of Knight-Ridder, Inc., Successor by Merger to Miami Herald Newspaper, Inc. and Miami Herald Publishing Company and the McClatchy Company a Publicly Traded Company on the NYSE as MNI City ofMiami Page 218 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on July 5, 2006 by a vote of 7-1. See related File ID 06-01053mu. *See supporting documentation. PURPOSE: This will allow the development of the City Square Retail project. CONTINUED A motion was made by Commissioner Regalado, seconded by Commissioner Haskins, and was passed unanimously, with Chairman Gonzalez absent, to continue PZ.30, PZ.31, PZ.32, PZ.33, PZ.34, and PZ.35 to the special City Commission meeting currently scheduled for September 7, 2006, at 2 p.m. PZ.35 06-01054mu 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 CITY SQUARE RESIDENTIAL PROJECT, TO BE LOCATED AT APPROXIMATELY 1401 BISCAYNE BOULEVARD, 360 NORTHEAST 14TH TERRACE, AND 1410-1420 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 623-FOOT, 60-STORY HIGH MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 942 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 13,566 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 1,684 TOTAL PARKING SPACES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 219 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 06-01054mu - PAB Fact Sheet.pdf 06-01054mu - PAB Analysis.pdf 06-01054mu - Zoning Map.pdf 06-01054mu - Aerial Photo.pdf 06-01054mu - Traffic Sufficiency Letter (6.7.06).pdf 06-01054mu - UDRB Resolution (5.17.06).pdf 06-01054mu - IDRC Comments (5.9.06).pdf 06-01054mu - School Board Comments (4.21.06).pdf 06-01054mu - Public Works Comments (4.18.06).pdf 06-01054mu - Aviation Comments (4.18.06).pdf 06-01054mu - PAB Legislation.pdf 06-01054mu - Exhibit A.pdf 06-01054mu - PAB Exhibit B.pdf 06-01054mu - Table of Contents.pdf 06-01054mu - TAB A - Letter of Intent.pdf 06-01054mu - TAB B - Application.pdf 06-01054mu - TAB C - Zoning Write Up.pdf 06-01054mu - TAB D - Legal Descritption.pdf 06-01054mu - TAB E - Aerial.pdf 06-01054mu - TAB F - Zoning Atlas Page 23.pdf 06-01054mu - TAB G - Project Data Sheet.pdf 06-01054mu - TAB H - Warranty Deed(s) and Propoerty Tax Information.pdf 06-01054mu - TAB I - Ownership List and Mailing Labels.pdf 06-01054mu - TAB J - State of Florida Corporate Documents.pdf 06-01054mu - TAB K - Directory of Project Principals.pdf 06-01054mu - TAB L - Project Description.pdf 06-01054mu - TAB M - Minority Construction Employment Plan.pdf 06-01054mu - TAB N - Sufficiency Letter.pdf 06-01054mu - TAB N - Traffic Impact Study.pdf 06-01054mu - TAB 0 - Site Utility Study.pdf 06-01054mu - TAB P - Economic Impact Study.pdf 06-01054mu - TAB Q - Survey.pdf 06-01054mu - TAB Q - Site Plans for Property.pdf 06-01054mu PAB Reso.PDF 06-01054mu CC Analysis.pdf 06-01054mu CC Legislation.pdf 06-01054mu Exhibit B.PDF 06-01054mu CC Fact Sheet 07-27-06.pdf 06-01053mu & 06-01054mu Supplemental Disclosure of Ownership.PDF 06-01054mu CC Fact Sheet 09-07-06.pdf LOCATION: Approximately 1401 Biscayne Boulevard, 360 NE 14th Terrace and 1410-1420 N Bayshore Drive APPLICANT(S): Ben Fernandez, Esquire, on behalf of Knight-Ridder, Inc., Successor by Merger to Richwood, Inc. and Miami Herald Publishing and the McClatchy Company a Publicly Traded Company on the NYSE as MNI FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on July 5, 2006 by a vote of 8-0. See related File ID City ofMiami Page 220 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 06-01053mu. *See supporting documentation. PURPOSE: This will allow the development of the City Square Residential project. CONTINUED A motion was made by Commissioner Regalado, seconded by Commissioner Haskins, and was passed unanimously, with Chairman Gonzalez absent, to continue PZ.30, PZ.31, PZ.32, PZ.33, PZ.34, and PZ.35 to the special City Commission meeting currently scheduled for September 7, 2006, at 2 p.m. NON -AGENDA ITEMS NA.1 06-01377 DISCUSSION ITEM DISCUSSION CONCERNING THE CURRENT STATE OF THE MIAMI-DADE HOUSING AGENCY. DISCUSSED Direction by Vice Chairman Sanchez to the Auditor General to conduct a complete audit of all housing activities conducted by the City ofMiami Department of Community Development; further requesting that the audit be approved or denied at the City Commission meeting currently scheduled for September 12, 2006. Direction by Commissioner Regalado to the City Attorney to provide a report to the City Commission outlining all outstanding loans due to the City and how the City is receiving payment and by whom; further, to include a report on recent pending court cases and settlements, within the past two years. Direction by Commissioner Spence -Jones to the City Manager to work with Cynthia Curry, Senior Advisor to the County Manager, and the City ofMiami Department of Community Development to identify the current tax credit projects that may be in jeopardy and provide assistance if possible. Direction by Commissioner Haskins to the Administration to request a presentation from the City ofMiami Department of Community Development, at the City Commission meeting currently scheduled for September 12, 2006, to clarify the City's policy for funding projects, loan collection process, and foreclosure process. Chairman Gonzalez: Before we go into the consent agenda, Vice Chair Sanchez have request to be recognized. You're recognized, Mr. Vice Chair. Vice Chairman Sanchez: Thank you, Mr. Chairman. Thank you for allowing me to take this item out of order. My colleagues, if half of what The Miami Herald reported about the Miami -Dade Housing is true, there are thieves preying upon our most needy people and denying them the opportunity for a secure, safe, and affordable housing. I'm sure you have read the investigative series called "The House of Lies," written by Debbie Cenziper. The article, in itself, if you've had the opportunity to read it, like a lot of people in our community have, it is really shocking, and it is truly, fruly a travesty for all those that have labored so hard to try to help the working poor to accomplish the American Dream, and then things like this happen in our community. This is not a county problem. It is a city problem. Many of these county developments are located within our cities. The most alarming is that some of these shameful, failed developments also receive CDBG (Community Development Block Grant) funds and dollars, and that is truly cause for grave concern to us. Now, under Ordinance 12351, adopted April 10, 2003, pertaining to the Department of Internal Audit and Review, which clearly defines City ofMiami Page 221 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 the responsibilities, qualifications, and duties and powers of the IAG (Internal Auditor General) under City Charter Section 48(c), which clearly defines the operating procedures and responsibilities, we -- and when I say we, this legislative body, as an independent or as a Commission, can request an audit. It clearly says, on Subsection A, audits to be performed by the IAG shall be requested by the City Commission or any member of the City Commission at a City Commission meeting. The requester or the requesters of the audit, all they need to do is request that audit to appear at the next Commission meeting -- scheduled Commission meeting on the agenda. Now the audit or the audit's requester shall be deemed approved by the City Commission, unless motions to the contrary is raised by the City Commission or fails by a majority vote to decline the request. To protect our taxpayers -- and I really don't want to get into the series in itself because I'm sure there's going to be a big investigation, but I do believe in good governments, transparency -- I am requesting and making a motion directing the Auditor General to perform a complete audit of all housing activities conducted by our Community Development Department in the City ofMiami, so therefore, I am requesting that it be at the next Commission meeting, where this legislative body action to be deemed either to approve or deny this audit. Thank you, Mr. Chair. Chairman Gonzalez: You're welcome. Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman, and I am in full support of that. What The Miami Herald has done is the work of the Police Department, and of the State Attorney, and now they have -- everything is cooked for them. They have -- but I'm -- I would also like to have, from the City Attorney, a report on all the pending cases that we have of loans that had not been paid to the City, and also the loans that are in the process of being paid, how those loans are paid, because that's the people's money. It's -- the City, several years ago, back in the '80s and early '90s, had the history of giving away some of these loans, and now we -- we're faced, 15, 20 years after, with all these problems. I think that the audit is a very good idea, but we need to also to know and to understand the loan process, and how these loans are being paid, who is paying what, because there have been some questionable loans and some that have not been paid, some that are still in court in litigation, so I think that we need to know everything, and you know, this is something that the people deserve to know. This has been brought to the public domain, and it is important that we tell the people what has been done with their money, so I fully support the Vice Chairman's proposal, but I'm also requesting a detail report on all the loans outstanding and recent court cases and recent settlements in the last two years, and how and which -- with what money these loans have been paid. Thank you. Chairman Gonzalez: All right. Any further comments? Commissioner Spence -Jones: Mr. Chairman, I'd just like to add. First of all, I'd like to, once again, commend my colleague for really stepping up, and you know, taking the leadership on this issue. I mean, we cannot help but not ignore what has happened in the paper over the last couple of days, and for him to really step out on this issue to really check our own house, I think should be commended, so I wanted to at least publicly acknowledge him for that leadership in that matter. I want to just add -- and I'd like to make a statement to actually our City Manager, because right now, we really don't understand the long-term effects of what's happening in the County. I, myself know, and I'm sure some of my colleagues on the dais know, that many of the tax -- upcoming tax credit projects that are going to be taking place within the City ofMiami throughout all of our districts, which depend heavily on County dollars to even do the projects, can become now jeopardized, and already we have a serious issue with housing, and now with this major overhaul happening at Miami -Dade Housing, we're going to have some serious issues; one about the public perception or people feeling that, you know, they want to scrutinize everything that happens at this point, even the projects that have been successful and that have not had any of these issues or not -- were not included in any of that will now be looked at under a microscope, which I don't have a problem with the microscope, but I do have a problem with delayed housing and our inability to build much -needed housing, so I'm really directing this to City ofMiami Page 222 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 the City Manager, which has, hopefully -- well, we know has a great relationship over there -- to really work along with Ms. Curry, which is now head of this whole effort to work with us and our CD (Community Development) Department to, at least, identify the current projects that are -- I think we might have won about ten -- seven or ten tax credit projects, and all of them are at jeopardy now. That's a lot of units to be losing because of the issue of the funding in the County, so I'm asking for the City Manager to, at least, reach out to Cynthia Curry to see if there's anything that we can do to support the effort of not losing existing programs that we do have for housing units that we do have because of this issue, and that's my only comment on it, because I would really hate to have a situation where our projects could not move because of what's going on, especially when we need the much -- we need the housing. Vice Chairman Sanchez: And the purpose, ifI may, is to identify and to remove the bad apples as quickly as possible. There are good agencies out there that are working and accomplishing their goals, but the greatest concern that have is with all that's going on, that the County would ask for a monitorium [sic] on public housing and that isn't really fair. It affects the most needed in our community -- Commissioner Spence -Jones: Um -hum. Vice Chairman Sanchez: -- and the quicker we get to this and we remove the bad apples, we could continue to provide the quality of service that people deserve, and that is affordable housing, which it continues to be the number -one priority, at least for me, here in the City. Chairman Gonzalez: All right. Any further comments? Commissioner Haskins: I would -- I think this is a great initiative, and it's definitely something that we need to do. What's been printed in the Herald this week is absolutely appalling, when we've struggled so hard for so many years in addressing affordable housing issues in the City. You know, to read where the County has millions of dollars of resources that have been wasted is horrible, when we feel -- when we see that the City is using $20 million of resources in the last several years has leveraged that into $532 million of real projects that have been constructed or in the ground, but what would like to do is take this as a learning experience as well, so I would like to understand and, perhaps, in the next Commission meeting, in the Commission meeting in September, have a presentation from Community Development on what our policy is for funding projects. Do we fund administration? Would we fund soft costs? What is our process for collecting loans? What is our -- how is the decision process done to foreclose on loans or to foreclose on property that the City may have given for affordable housing? I would like to understand, from a Commission perspective, what are our policies, what are our processes, and is there something that, between now and the time the internal -- the Auditor General completes the audit, there's something that we should change to correct any issues we might have with our policies now? Chairman Gonzalez: All right. Vice Chairman Sanchez: All right. Chairman Gonzalez: Mr. City Manager. Pedro G. Hernandez (City Manager): Mr. Chairman, I totally agree with the comments that the Commissioners have made. I will follow through and have a report for you for the September meeting on the loan activity, on the policies and process that we have, on the impact that the County issues will have on our housing program, andl think thatl would like to look internally at our own house and see how are we doing. I think that's very critical, and we'll be back reporting to you in September. City ofMiami Page 223 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Chairman Gonzalez: All right. Vice Chairman Sanchez: All right, Mr. City Attorney, the process is, the next Commission meeting in September, the audit would be placed on the agenda, and if the Commission does not vote down the audit, the audit goes. That's according to -- Jorge L. Fernandez (City Attorney): Correct. Vice Chairman Sanchez: -- the Code. Mr. Fernandez: To the process. Vice Chairman Sanchez: OK. Chairman Gonzalez: All right. Does this requires a vote? Vice Chairman Sanchez: No, it does not. Mr. Fernandez: No. Chairman Gonzalez: It doesn't. Mr. Hernandez: No. Chairman Gonzalez: All right. NA.2 06-01331 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN THE AMOUNT OF $500, FOR THE PROVISION OF CITY OF MIAMI SERVICES, AND THE CITY OF MIAMI SHOWMOBILE FOR THE "SANTO DOMINGO GUZMAN," A COMMUNITY EVENT, AT NORTHWEST 1ST STREET AND NORTHWEST 13TH AVENUE, MIAMI, FLORIDA, ON SUNDAY, AUGUST 6, 2006; ALLOCATING SAID FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS ACCOUNT NO. 001000.921054.6.289. 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-06-0470 Direction by Vice Chairman Sanchez to the Administration to provide the Commission with a detailed report on the concerns and recommendations surrounding the outcome of the Santo Domingo Guzman event last year. Chairman Gonzalez: All right. Before -- Commissioner Regalado, you don't have anything? Commissioner Regalado: Yeah, I do, just one question and one small item. The item, Mr. Chairman, is a resolution of the City ofMiami Commission authorizing the allocation offunds of the special event account of District 4, on the amount of $500, for the provision of City ofMiami services and the showmobile for the Santo Domingo Guzman community event of the Nicaraguan community; that it will be held on August 6, 2006, in the City ofMiami, and this $500 will come from the special events account of Disfrict 4. So move. City ofMiami Page 224 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 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: Those opposed have the same right. Motion -- [Later..] Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: Vice Chairman Sanchez. Vice Chairman Sanchez: Mr. Chairman, ifI may. Commissioner Regalado presented an item in his blue pages that I thought was going to be a pocket item, and it's -- basically, it's in my district. It's the Santo Domingo Guzman community event, which I support, but let me tell you. From past experience, I've received a lot of complaints on that event, and I think that the police needs to address this issue as to some of the things that have happened in this event. I mean, I have had a lot of complaints from my -- from residents that live in and around, and the Police Department, last year, also complained that they had a lot of problems with this. Are you aware? Assistant ChiefAdam Burden (Police Department): Yes. There were some -- Vice Chairman Sanchez: Because I -- 'cause I'm -- Assistant Chief Burden: Yes. Vice Chairman Sanchez: -- supportive of all of these festivals, but some of these festivals get out of hand, and the neighbors complain, and you know, we have to address it. I don't mind -- maybe it's the issue of providing additional security, which is fine, butt have had some complaints on this item. Assistant Chief Burden: Assistant ChiefAdam Burden, with the City ofMiami Police Department. I am aware that there were some concerns with the event in the past. We have to take a look at the After Action Report to give you the specifics, but that report would tell us exactly what we need, so what we'll do is go back, take a look at all the concerns, and I'll get back with you and let you know what we're doing to address them. Vice Chairman Sanchez: OK. Assistance Chief Burden: OK Commissioner Regalado: Well -- Vice Chairman Sanchez: Please do. Commissioner Regalado: -- just to clarify. Basically, what they requested is the showmobile, because they're having the Miss Nicaragua contest, or you know, the selection ofMiss Nicaragua. This -- my understanding, that this was a religious procession of Santo Domingo de Guzman from Flagler to the John -- Saint John Bosco Church, and that's all I'm supporting. I don't know about other festival or whatever. The payment for the $500 is to pay for the City ofMiami Page 225 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 showmobile so they can have their contest. That's all that there is to it, so -- Assistance Chief Burden: OK Vice Chairman Sanchez: Well, could you provide me with that report? Provide all the Commissioners with that report -- Assistance Chief Burden: Yes, I will. Vice Chairman Sanchez: -- please. Thank you. Assistance Chief Burden: Thank you. All right. Thank you. Chairman Gonzalez: All right. D5, Commissioner Jones. Commissioner Spence -Jones: No. I have no items. Chairman Gonzalez: All right. Mr. City Attorney, we are ready to go into the PZ (Planning & Zoning) agenda. Jorge L. Fernandez (City Attorney): Actually, PH.1 is continued, but you have SR (second reading) -- Commissioner Spence -Jones: SR.1. Mr. Fernandez: -- 2 -- Vice Chairman Sanchez: SR.1. Mr. Fernandez: -- and you also have a supplemental -- Chairman Gonzalez: Oh, I'm sorry. Mr. Fernandez: -- agenda. Chairman Gonzalez: I'm sorry. I still have one item. I'm sorry. I'm sorry. PH.1 has been deferred -- has been -- Mr. Fernandez: Correct. Chairman Gonzalez: -- pulled. [Later..] Vice Chairman Sanchez: But let's -- before we do that, let me get -- is Chief Fernandez here? Earlier today my colleague, Commissioner Regalado, requested assistance for an event in my district, Santo Domingo de Guzman, and the event, I know that it -- in the last two years, we've had a lot of complaints, and it's really been pretty bad, and I just wanted you to state on the record, as your After Action Report, of what has gone there so we could make sure that, if the event goes on this year, we do have the appropriate police department out there to make sure that nobody gets hurt. Deputy Chief Frank Fernandez: Thank you, Commissioner. Frank Fernandez, Miami Police deputy chief. Yeah, we were asked, obviously by yourself, to find out what actually happened in the after -action of this event. This event took place last year, on August 7, 2005. It started about City ofMiami Page 226 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 12 o'clock in the afternoon and ended about 11 o'clock at night. Throughout that time period, the following calls we received there and we handled. We handled a violent disturbance involving subjects throwing bottles. We also handled another violent disturbance involving people with knives, fighting against each other. We actually made one DUI (Driving Under the Influence) arrest; one also -- one fight arrest; one person, threats to kill by a drunk person; a large group fight involving drunks, and again, another fight with bottles, and this all happened throughout the night progressively. This year we've had some problems locating the actual promoter for the event. He did come in; submit his application. Within review of the application, I asked him to come back. Finally, today, about 12 o'clock, he did call. He will be meeting with us tomorrow, and then we will progress from that point on to see what exactly he wants with the event, and we will staff it appropriately, according to the demands of such event. Vice Chairman Sanchez: And once again, I just wanted to put that on the record. Commissioner Regalado, I appreciate you taking an event in my disfrict and championing it, but with all due respect, I would respectfully request that the next time, that you would kindly contact our office so we could work together on this item. Commissioner Regalado: IfI may, Mr. Vice Chairman. Chairman Gonzalez: Yes. Commissioner Regalado: I did not request assistance. I just offer money from the special event to pay for the showmobile because they told me that was a religious procession that begins in my disfrict, in Saint Michael Church, and goes to Saint John Bosco Church. That's --I did not request any support from the City, nor any money from the City, or the Police Department. I just offer $500 to cover the cost of the showmobile. However, if this is the case and the police recommends that this will be the problem situation in that part of the City or the community itself I will withdraw my offer, and my offer, just to make sure -- because apparently, some people think thatl am requesting help. No. I offer to pay the showmobile from the City for them to have the procession from Flagler to 13th Avenue, but am not supporting any event, after party, just the procession and the Miss Nicaragua -- Vice Chairman Sanchez: But by -- Commissioner Regalado: -- concert, but -- Vice Chairman Sanchez: Commissioner, by no means do I want you to withdraw your assistance. I mean, I'm all for the event, but it is the after -event, because they -- Commissioner Regalado: No. I -- Vice Chairman Sanchez: -- let me tell you what happens. Commissioner Regalado: -- what I'm going to say -- Vice Chairman Sanchez: They have the perception -- they walk with -- Commissioner Regalado: Yeah. Vice Chairman Sanchez: -- the -- Commissioner Regalado: Through Flagler. Vice Chairman Sanchez: -- saint, and then they get to a location, and the gentleman owns the grocery store and a little bakery, and then they get the parking lot, and they've closed the City ofMiami Page 227 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 NA.3 06-01379 parking lot, and they charge people to get in, and they go through the middle of the night, and believe me, it has been, in the past couple of years, a nightmare of complaints from the residents, from the police, as to the activities leading after this event. Commissioner Regalado: And you know, Joe, I think that this is something that every one of us will be concerned with, andl think that they should be told that they cannot go on -- the party cannot go on forever, you know. When you finish the procession, when you finish the contest, you're done, and you got to go, and that's it. That's the -- it depends on the permit that the City issues. Chairman Gonzalez: You're right. They should be required to pull a special permit to hold that party. Commissioner Regalado: I mean, the City issues a permit because they even have to close Northwest 1st Street to put the showmobile there for the show, so if the permit says 6 p.m., or 5 p.m., or 4 p.m., they got to leave, and they cannot hang around. Anybody hanging around will be loitering; is that a fair assessment, Chief? Because, I mean, if you're drinking in public and they don't have a permit, that's breaking the law. Deputy Chief Fernandez: Commissioner, (UNINTELLIGIBLE) last year, as Commissioner Sanchez said, we did have some difficulties with the promoter. This year I don't know what they have planned because we have not met with them yet. Certainly, after they come forward tomorrow, we will again review what it is they want to do; the parade, the road closure, but they have not submitted yet for a road closure permit, so again -- Commissioner Regalado: No. I mean -- Deputy Chief Fernandez: -- once we review the whole process, then we'll be able to -- Commissioner Regalado: Last year, I don't know what happened. I mean, I wasn't part of that last year. They just approached me because of the religious procession and the fact that it's part of their culture, fine. I didn't -- I -- the motion was not to request waiving of any fees or anything, just to help them with the cost of the showmobile. That's all that there is to it, but think that if they do request a permit, that they should have several regulations, and they should be told, you know what, this is what happened last year. Vice Chairman Sanchez: And it's fine. Commissioner, I don't want yourself or myself to have -- to end up with eggs in our face. Commissioner Regalado: Huh? Vice Chairman Sanchez: I just don't want either yourself or myself to end up with egg in our face. Commissioner Regalado: No, I know, and I didn't know what happened last year and -- but again, my role was only to offer, from the special events account of Disfrict 4, help for them to pay the City for the showmobile. That's all that there is to it. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. PZ.18. Vice Chairman Sanchez: Thank you, Assistant Chief Fernandez. DISCUSSION ITEM City ofMiami Page 228 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 NA.4 06-01380 DISCUSSION REGARDING EXPANDING THE EFFORTS TO NOTIFY RESIDENTS OF PLANNING AND ZONING ITEMS THAT REQUIRE A PUBLIC HEARING. DISCUSSED Direction by Commissioner Haskins to the Administration to consider posting the hearing notices on the City ofMiami Web site. Commissioner Regalado: The question is for the City Attorney and/or the Administration, and last Commission meeting we passed a resolution directing the City Attorney and the Administration to start a process for the expansion of the 500-feet notification process on all matters of zoning and planning by waiving, as we said, you know, parks and highways and public facilities. My question, when would this come before the PAB (Planning Advisory Board)? What is the timeline for this, and when would it get to the City Commission? You should not go on vacation. Orlando Toledo (Senior Director, Building, Planning & Zoning): You're absolutely right. Commissioner Regalado: Every year. Mr. Toledo: Every year. Good morning. Orlando Toledo, senior director of Building, Planning and Zoning. We should have something for you by September. What we're doing is we are looking at the way the County does their zoning issues, and the County right now has a -- an actual area of 1,500 feet. That way, if we take it to 1,500 feet, automatically, everybody will be covered, so we're looking at that, and we should have something for you in September. Commissioner Regalado: So 1,500, it would be fine, and what you mean is by September, it will go to PAB and then -- Mr. Toledo: To PAB. To PAB. Commissioner Regalado: -- to the City Commission? Mr. Toledo: Um -hum. Commissioner Haskins: A lot of -- could we also look at posting the notices on the City ofMiami Web site? Mr. Toledo: Yes, I would. Yes. Commissioner Regalado: Thank you, so it's September, right? DISCUSSION ITEM BRIEF DISCUSSION CONCERNING OVERTOWN ADVISORY BOARD ELECTIONS. DISCUSSED Commissioner Spence -Jones: Mr. Chairman, I just have a quick question for Madam Chair -- Chairman Gonzalez: Yes, ma'am. Commissioner Spence -Jones: -- Madam Clerk, I'm sorry. I know that we also have special -- some sort of elections coming up for the OAB (Overtown Advisory Board), correct? Priscilla A. Thompson (City Clerk): Actually, according to the OBA -- OAB ordinance, they do City ofMiami Page 229 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 have annual elections based upon the vacancies that are coming about. We have not scheduled the elections yet, but yes, they do have annual elections. They just have not been scheduled yet. Commissioner Spence -Jones: OK. NA.5 06-01383 DISCUSSION ITEM DISCUSSION REGARDING THE SUSPENSION OF THE MELREESE RFP (REQUEST FOR PROPOSALS) PROCESS INDEFINITELY. DISCUSSED A motion was made by Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to suspend the Melreese RFP (Request for Proposals) process indefinitely. Vice Chairman Sanchez: Mr. City Manager. Commissioner Spence -Jones: What time? Pedro G. Hernandez (City Manager): Mr. Chairman -- Vice Chairman Sanchez: Boy, you get here and you're taking care of all these things, huh? Commissioner Spence -Jones: I know, right. Mr. Hernandez: Mr. Chairman, I have a simple, quick item, that ifI -- you allow me a few minutes, I would like to get your guidance on it. Commissioner Spence -Jones: Today? I mean, right -- when we come back? Mr. Hernandez: It's -- Vice Chairman Sanchez: Yes -- Mr. Hernandez: -- an item -- Vice Chairman Sanchez: -- yes, yes. Mr. Hernandez: -- that is not on the agenda, and it deals with the Melreese RFP (Request for Proposals). Last week there was a prebid conference, and there was a lot of issues that were raised by proposers, reference the ongoing litigation, and -- regarding the initial RFP, and they were talking about delaying the submission date, et cetera. They also -- even though we feel that the City acted correctly in rejecting that proposal, the proposal or concern as to the investing in the preparation of a very complex RFP without knowing what may happen as a result of the litigation and the potential of rejections, et cetera, with -- I think that it'll be prudent for the City's best interest and for the best interest of the prospective proposers that we suspend at least, you know, the RFP indefinitely, with your approval, and -- until we have a better definition as to what the situation is with the litigation. I was made aware of this litigation last week -- early this week at a meeting with the City Attorney, and I think it would be prudent if -- I feel that, administratively, I could do so. However, it's something that I felt I should be sharing with you, and I would like to have your support to at least suspend indefinitely until we know better the direction in which we're going. Vice Chairman Sanchez: So terminate it? Chairman Gonzalez: Mr. City Attorney, does this confer with --? City ofMiami Page 230 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Mr. Hernandez: No. I'm just asking for -- Jorge L. Fernandez (City Attorney): Yes, it does. Mr. Hernandez: -- suspension at this point. To suspend it indefinitely -- Vice Chairman Sanchez: OK. Mr. Hernandez: -- until we have a better idea as to what the litigation may do. Vice Chairman Sanchez: All right. Is there a motion? Chairman Gonzalez: I'll move -- Vice Chairman Sanchez: There's -- Chairman Gonzalez: -- to grant the City Manager's request. Vice Chairman Sanchez: -- a motion by the Chair -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- second by Commissioner Regalado. Commissioner Regalado: The only condition -- Vice Chairman Sanchez: Discussion. Commissioner Regalado: -- any settlement do not go to any cafeteria to have breakfast, man. Chairman Gonzalez: Please, please don't. Commissioner Regalado: Do not go to any cafeteria to have breakfast. Vice Chairman Sanchez: All right. Mr. Hernandez: OK. Vice Chairman Sanchez: No further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. The meeting is in recess till 3 o'clock. NA.6 06-01381 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF SEPTEMBER 2006, ORIGINALLY SCHEDULED FOR SEPTEMBER 14, 2006, TO TAKE PLACE ON SEPTEMBER 12, 2006. 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 City ofMiami Page 231 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 R-06-0478 Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. Vice Chairman Sanchez: I would -- Chairman Gonzalez: We're going to take -- Vice Chairman Sanchez: 27. Chairman Gonzalez: -- PZ.27, but before doing that -- Vice Chairman Sanchez: Ready? Chairman Gonzalez: -- I have a request from the Mayor. The Mayor has requested that the regular Commission meeting for September 14, 2006 be moved to September 12, 2006, when we have already scheduled the budget hearing. The regular meeting can begin at 9 a.m. in the morning, per our usual time, since the budget hearing will begin at 5: 05 p.m. This will move the entire regular first meeting in September from Thursday, September 14, to Tuesday, September 12. This change will also prevent the Commission from having to convene twice in the same week. I wonder if one of my colleagues is willing to make a motion -- Does this require a motion? Jorge L. Fernandez (City Attorney): Yes, it is. Priscilla A. Thompson (City Clerk): Yes. Commissioner Haskins: So move. Chairman Gonzalez: -- to move this meeting. Commissioner Haskins: So moved. Commissioner Spence -Jones: Second. Chairman Gonzalez: OK, from September 14 to September 12, to have only one meeting in that week. Vice Chairman Sanchez: OK, sounds good to me. 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. That's taken care of. NA.7 06-01374 ORDINANCE Draft AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "ZONING AND PLANNING/APPOINTMENT OF MEMBERS AND ALTERNATE MEMBERS OF THE PLANNING ADVISORY BOARD AND ZONING BOARD," MORE PARTICULARLY BY AMENDING City ofMiami Page 232 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 SECTION 62-124(D), TO CHANGE THE QUALIFICATIONS OF BOARD MEMBERS FROM REQUIRING THAT MEMBERS BE ELECTORS OF THE CITY OF MIAMI ("CITY") TO REQUIRING THAT MEMBERS EITHER BE PERMANENT RESIDENTS OF THE CITY, OR WORK OR MAINTAIN A BUSINESS IN THE CITY, AND HAVE GOOD REPUTATIONS FOR INTEGRITY AND COMMUNITY SERVICES; FURTHER PROVIDING FOR FOUR VOTES OF THE CITY COMMISSION TO WAIVE SAID REQUIREMENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-01374 Submittal Memo.pdf DISCUSSED A motion was made by Chairman Gonzalez to approve the proposed Ordinance amending the qualifications for Planning Advisory Board and Zoning Board members, but it failed due to the lack of a second. Note for the Record: City Attorney Jorge L. Fernandez advised the Commission that he would notify the members of the Planning Advisory Board (PAB) and Zoning Board who are not electors of the City ofMiami that they are not in compliance with this requirement, and they would be removed from their respective board(s). Direction by Commissioner Haskins to the City Attorney to conduct the necessary research to amend the Ordinance regarding appointments to allow individuals who are electors of the City, or who own property in the City, to be appointed as members of the Planning and Advisory Board and/or the Zoning Board, and to bring said item back to the City Commission. Chairman Gonzalez: All right. Mr. City Attorney, the other -- Jorge L. Fernandez (City Attorney): Yes. Chairman Gonzalez: -- ordinance. Mr. Fernandez: The other item -- I have passed out both a legal opinion consisting of two short pages and a proposed ordinance to, perhaps, if it's the will of the board -- of the Commission, to address the concerns raised here. I have been asked whether members of the Planning Advisory Board and the Zoning Board must be electors of the City ofMiami. The short answer to that is yes. History, tradition, past courses of action, and practices, we can all spend a great deal of time trying to explain or justify, but the bottom line, after very carefully researching and reading the exact and precise wording of our Code, the answer is an unequivocal yes. Therefore, in order to address the concern that we do have members serving on both the Planning and Zoning Board that are not electors of the City ofMiami, and keeping in mind that the vast majority of all boards and committees of the City have a provision that members could be resident, or they could own business, or they could work in the City ofMiami, and that there is a provision requiring four fifth vote on the part of the Commission to waive the residency requirement. Otherwise, the proposed ordinance that I have here for you is curative, and it will then align both the Planning and Zoning Board with the vast majority of all your other boards to, in fact, be the same -- read the same way that members of the Planning and Zoning Board hereinafter will be -- will have to be residents, work, or have businesses in the City, and also building in a four fifth waiver requirement, and that is the short and long of it. I have the legal opinion I passed out to you. I won't bore reading it, but the ordinance that I have also attached for your consideration could pass today on first reading, and then be duly advertised for second and final reading for your September meeting. City ofMiami Page 233 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Chairman Gonzalez: All right. Commissioner Regalado: Mr. Chairman, iflmay. Chairman Gonzalez: Yes. Commissioner Regalado: Mr. City Attorney, is it not much easier to comply with the law rather to change the law? Mr. Fernandez: And that's the other alternative you have. The other alternative you have is, in fact, to notify all the members -- or those members of the Planning and Zoning Boards who are not electors of the City ofMiami that they are, in fact, out of office, as it were, and then those Commissioners whose appointment they were, then appoint electors of the City ofMiami to those positions, so you have an option. As usual, I give you a choice. You either do this to bring those two boards in alignment, or you then dismiss those members that are -- that were improperly, inadvertently, you know, appointed, and then make your new appointments of electors. Commissioner Regalado: Because, you know, the Zoning -- especially, the Zoning Board, makes final decisions -- Mr. Fernandez: Yes. Commissioner Regalado: -- and impacts the lives of all the taxpayers here, and the Planning Board does that. I mean, maybe Code Enforcement because it has an enforcement area, but Planning and Zoning -- Chairman Gonzalez: No. I have to defer with you on that because the decisions of the Planning Board and the Zoning Board ultimately have to come to this board. The decision of the Code Enforcement -- the Code Enforcement Board really, really affect the life of every single resident that stand here to testify and are fined $5, 000, $10, 000, and so on and so on, and we -- Commissioner Regalado: And Mr. Chairman -- Chairman Gonzalez: -- cannot -- and they have to appeal to the courts -- Commissioner Regalado: Right, but the -- Chairman Gonzalez: -- not to the City Commission. Commissioner Regalado: Yeah, but Mr. Chairman, what said is that the Zoning Board makes final decision, unless it's appealed -- Chairman Gonzalez: Unless it's appealed -- Commissioner Regalado: -- to the City Commission. Chairman Gonzalez: -- but there is an appeal process to the City Commission. Commissioner Regalado: To the City Commission, but -- Chairman Gonzalez: Right. Commissioner Regalado: -- these are important board. I mean, they should be elector. For all we know, Code Enforcement should be electors. I mean, why not? We have to be electors. We - - I mean, it is -- it makes sense. It gives you a sense of belonging. You have to be a resident. City ofMiami Page 234 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 You have to own a business or whatever. You should be a resident. I mean, people that have business maybe do not know the mechanics of the daily life, so I don't -- I just don't understand why not comply with the law and why change the law. Commissioner Spence -Jones: I -- Chairman Gonzalez: We are not changing the law. We're amending the Code, as we amend the Code here many, many times for other reasons -- Commissioner Spence -Jones: I just -- Chairman Gonzalez: -- so -- Commissioner Spence -Jones: -- I'm sorry, Mr. Chairman. I just have a quick question for the City -- for you, for the City Attorney. I just want to be clear on -- the current -- I'm assuming this came up because there are a lot of issues around the current appointees, correct? Mr. Fernandez: No. This came up at the last -- I believe it was the -- Commissioner Spence -Jones: No. I'm saying the issue. We're talking about the appoint -- the current -- are there current appointees that did not get the waivers -- Mr. Fernandez: No. There -- Commissioner Spence -Jones: -- and they're on --? Mr. Fernandez: -- are current appointees who are not electors, period -- Commissioner Spence -Jones: OK. Mr. Fernandez: -- and they are -- in my opinion, they should not be serving because they do not meet that ultimate requirement. Commissioner Spence -Jones: OK, so when -- I just have to ask this question. They got on the board, though, right? Mr. Fernandez: They did. Commissioner Spence -Jones: So when it came here to come in front of us -- Mr. Fernandez: You were not properly served. You were not -- the City Attorney did not carefully scrutinize and review all of your board appointments because, in the past, it has not been the practice of the CityAttorney's Office to review every single appointment that you make. It will be the practice of the City Attorney, henceforth, to do that. Commissioner Spence -Jones: So it was basically an oversight on our behalf? Mr. Fernandez: It's an oversight on -- you know, and I hate to point fingers. I'd much rather point fingers at myself than any place else because I really believe that this was a good faith oversight over the years because, clearly, that has been the consistent practice of this Commission, to make appointments following that criteria. A more careful reading of the applicable ordinance, in my opinion, says that they have to be electors, and all can do is apologize for the discomfort that this causes you, and certainly, the discomfort it causes those members who have been appointed, but I'd much rather point out a mistake, correct it, and move forward than to live with that mistake. City ofMiami Page 235 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: May I interject on this? We're talking about two appointments; one of them is mine. I appointed the individual based on the City Clerk's code on the computer. You look in, and it clearly says a resident, work, or own a business. Then later on, there was another interpretation in the Legal Department that was amended, and that's where the confusion came in, so we need to clarify -- if there's a contradiction between two codes, then we need to clarify that, but I'm prepared to do whatever this legislative body wants to do, whether it's electoral or not. Mr. Fernandez: I prepared a legal opinion to you that I'm able to read in its entirety, and yes, while there are two provisions of the Code that may read contrary to each other, there is a way of reading those provisions that makes sense, and that's what has not been done in the past. We have done that now, and it is my categorical opinion that, to serve on the Planning Advisory Board and on the Zoning Board, irrespective of whatever other provisions there may be, there is one that is controlling, and that says that they must be electors. Vice Chairman Sanchez: All right. All right. What's the wish of the Commission? Mr. Fernandez: So you have two choices: You either consider the ordinance that I have presented to you -- Chairman Gonzalez: To amend the ordinance. Mr. Fernandez: -- which brings the Planning and Zoning Board into alignment with all -- most of all the other boards that you have that makes -- that gives you the flexibility of appointing either residents, or people who have business, or people who work in the City, and also gives you the option of a four fifth waiver for those. The -- or you may instruct us to notify those people who were improvidently appointed, and they're out, and you will get to make -- whoever had made those appointments, get to make new appointments of electors. Those are your two choices. Vice Chairman Sanchez: Well, I don't know about my colleagues, but I'm having a hard time getting people to appoint them to boards. Chairman Gonzalez: Me, too. Vice Chairman Sanchez: Honestly, I'm getting -- it's hard to get people to commit to boards. Chairman Gonzalez: Especially on those two boards where you need certain qualifications to serve on those boards. Vice Chairman Sanchez: So -- Judy Sandoval: Chairman Gonzalez, is this open to the public? Commissioner Spence -Jones: Is this open to the public? Vice Chairman Sanchez: This open to the public? Mr. Fernandez: Yes, it is -- Chairman Gonzalez: All right. Yeah. Mr. Fernandez: -- because, in essence, it's an ordinance that you're considering -- City ofMiami Page 236 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Chairman Gonzalez: Yes. Mr. Fernandez: -- and in fact, the speaker has already spoken on the previous one on the Planning Advisory Board, but you may speak to the Zoning Board -- Chairman Gonzalez: Speak again. Mr. Fernandez: -- also, I imagine. Chairman Gonzalez: This is democracy. Ms. Sandoval: Thank you. Judy Sandoval, 2536 Southwest 25th Terrace. I attend all of these meetings, and I wanted to point out that one of these electors does not even live in the County, but in Broward County. I mean, how far do we have to look for people to be on our boards, and the other person -- and I'm not mentioning their names, although I know very well -- I have personally asked to step down because of conflicts of interest, and who does not live in the City ofMiami -- Mr. Fernandez: Well -- Ms. Sandoval: -- who conducts business here, but he is a very one-sided board member. We -- you can predict how he's going -- how this person is going to vote on everything, and it's really doesn't seem to be a person, neither does the other one, that really understands the City and has the welfare of the whole city at interest. Thank you. Vice Chairman Sanchez: OK. All right. I think we're going to require -- I'm sorry. I apologize. Horacio Stuart Aguirre: I'll defer to you for a moment, sir. Vice Chairman Sanchez: No, no. I'll defer to you. Mr. Stuart Aguirre: Thank you kindly. Mr. Chairman, Horacio Stuart Aguirre, 1910 Northwest 13th Street, Durham Park, on the Miami River. I also have the same concerns that Ms. Judy Sandoval has. People who do not live in the City ofMiami, people who do not vote in the City of Miami, are not stakeholders, are not bona fide residents, and do not have the genuine interest/concern at heart of the city and this community, they are here solely for one purpose. I respectfully disagree with the concept that this has been a misunderstanding. There's been no misunderstanding here, Mr. Chairman. There are two people on -- serving on the boards here that are strictly pro -developer people. They were appointed because they are pro -developer, and if any Commissioner feels that there is a difficulty getting members to serve on these boards, I'll find you ten people before the night is over, sir, all qualified, college -educated, long-term residents of this community. Vice Chairman Sanchez: And I'm sure they'll be anti -development. Chairman Gonzalez: And they be anti -- Mr. Stuart Aguirre: Oh, I don't know that that would be your concern, sir. You would just want good, able-bodied, qualified residents. Vice Chairman Sanchez: No. I'm looking -- Mr. Fernandez: Mr. Chairman. Vice Chairman Sanchez: -- for them. Not going to get into debate with you, but -- City ofMiami Page 237 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Mr. Fernandez: Mr. Chairman. Mr. Stuart Aguirre: Thank you, sir. Chairman Gonzalez: All right. Mr. Fernandez: You need to disregard -- Chairman Gonzalez: The public hearing is closed. Mr. Fernandez: -- any comments regarding personalities or regarding -- Chairman Gonzalez: Right. Mr. Fernandez: -- pro or against whatever. You're just looking at a generic issue of governance Chairman Gonzalez: (UNINTELLIGIBLE), right. Mr. Fernandez: -- and the issue is, do you want to have the Planning and Zoning Board members subject to the same qualifications for appointment as the vast majority of all your other boards, or do you want to superimpose on them what, in my opinion, is what the law now requires, that they be electors of the City ofMiami? That means that they must be -- Chairman Gonzalez: All right. Commissioner Spence -Jones: Residents. Mr. Fernandez: -- reside -- Chairman Gonzalez: You are -- Mr. Fernandez: -- and registered to vote in one of the precincts -- Chairman Gonzalez: -- in -- Mr. Fernandez: -- of the City. Chairman Gonzalez: -- introducing an ordinance? Mr. Fernandez: Yes. Chairman Gonzalez: You have read the ordinance. Mr. Fernandez: For your consideration, I have prepared the ordinance that I delivered to you. If you would like -- if there is a pending motion -- Chairman Gonzalez: It's a pending -- Mr. Fernandez: -- I could read it. Chairman Gonzalez: -- motion, yeah. Mr. Fernandez: Certainly. City ofMiami Page 238 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. We need a motion. Is there a motion? Vice Chairman Sanchez: All right. Chairman Gonzalez: I move it. Vice Chairman Sanchez: There's a motion by the Chair. Is there a second? All right. Chairman Gonzalez: Motion fails. Vice Chairman Sanchez: So what -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- what's the other one? Mr. Fernandez: No. Vice Chairman Sanchez: The individual -- Mr. Fernandez: There is no other. The next thing is that will then undertake -- Vice Chairman Sanchez: You would have -- Mr. Fernandez: -- to painfully notify -- Vice Chairman Sanchez: -- to notify -- Mr. Fernandez: -- those members that are not electors, and they would officially then be removed, and then you would be notified, if they were your appointees, for you to make appointments at your convenience. Vice Chairman Sanchez: OK. Chairman Gonzalez: OK. All right. We're going to take a ten-minute recess. [Later... Vice Chairman Sanchez: (INAUDIBLE) the Chair if he's coming back or not. Well, let's see if he comes back, or else -- Once again, this is the last meeting ofJuly, and usually, it is a very voluminous agenda. We still have plenty items to go through, but we will work our way through them, and we'll fry to get them all done, so what we'll do now is we'll wait for the Chair to come. If not, I'll go ahead and start the meeting. Commissioner Haskins: Commissioner Sanchez, can I say something? On the issue of the Planning Advisory Board and the Zoning Board and requiring members to be electors, I know that that motion failed, or the ordinance -- this ordinance, this proposed ordinance failed for lack of a second, and I really didn't -- the discussion went quickly, and the recess started very quickly. I just wanted to say something. I think it's very important that not only electors, but also people that own property in the City be qualified for this board. I think that -- I understand City ofMiami Page 239 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 -- I think it's important that we, on these boards, look at people who really have an interest in what is being decided at the PAB and the Zoning Board, so what I've -- I asked the City Attorney at the break to do the research to see what can we do to change this ordinance so that the requirement is that it's elector or owning property in the City. I understand there're -- either there could be some case law on that. There's some other things that need to be researched, but I would really like to take a hard look at this so we make sure the people on the board do have an interest in what these decisions are. Vice Chairman Sanchez: All right, and I think that's a great idea. If we could, in the near future, come back, and we'll, of course, debate the item, and possibly, either continue to support it or amend it, as was discussed today. NA.8 06-01382 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A SPECIAL CITY COMMISSION MEETING TO TAKE PLACE ON SEPTEMBER 7, 2006. Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Haskins, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-06-0479 A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, scheduling a Special Commission meeting for PZltems #30-35 to be scheduled for Tuesday, September 7, 2006 at 2 PM. Jorge L. Fernandez (City Attorney): Now -- Vice Chairman Sanchez: Motion -- Mr. Fernandez: -- call for a special meeting. Vice Chairman Sanchez: -- for a special meeting on September 7 -- Mr. Fernandez: At 2. Vice Chairman Sanchez: -- 2 o'clock, here at City Hall, the chambers. Mr. Fernandez: To hear the -- Commissioner Regalado: Move it. Mr. Fernandez: -- items that you just -- Vice Chairman Sanchez: To hear the items. Mr. Fernandez: Correct. Commissioner Regalado: Move it. Unidentified Speaker: That's correct. Commissioner Spence -Jones: Second. City ofMiami Page 240 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: There's a motion by Commissioner Regalado, second by Commissioner Spence -Payne [sic]. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Thank you so much for being so patient with us. Have a good weekend. Thank you so much. NA.9 06-01385 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DESIGNATING COMMISSIONER SPENCE-JONES AS THE CITY'S REPRESENTATIVE TO THE GREATER MIAMI CONVENTION AND VISITORS BUREAU, FOR A TERM AS DESIGNATED HEREIN. 06-01385 Memo.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Haskins R-06-0480 A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez and Commissioner Haskins absent, to appoint Commissioner Spence -Jones to the Greater Miami Convention and Visitors Bureau as the City's representative. Vice Chairman Sanchez: Well -- Commissioner Spence -Jones: Commissioner Regalado. Vice Chairman Sanchez: -- we -- Commissioner, I just have one item that I'd like to take up. It's not 10 yet, and that is that I have a memo from the City Manager; subject is the Greater Miami Conventions and Visitors Bureau, and this memo serves to designate Commissioner Michelle Spence -Payne [sic] to act -- Commissioner Spence -Jones: Jones. Vice Chairman Sanchez: -- as City ofMiami representative to the Greater Miami Conventions and Visitors Bureau, so we need a motion -- Commissioner Regalado: Move it. Vice Chairman Sanchez: -- for that. Commissioner Regalado: Move it. Vice Chairman Sanchez: There's a motion. Commissioner Spence -Jones: Second. City ofMiami Page 241 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: Second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Commissioner Spence -Jones: No. Vice Chairman Sanchez: Motion carries. NA.10 06-01386 RESOLUTION A RESOLUTION OF MIAMI CITY COMMISSION DONATING IN -KIND SERVICES, THEREBY WAIVING THE CITY OF MIAMI DEPARTMENT OF SOLID WASTE FEES AND THE SHOWMOBILE FEES, FOR THE COSTS ASSOCIATED WITH THE "PEACE IN THE HOOD FESTIVAL," TO BE HELD ON SATURDAY, AUGUST 20, 2006, HOSTED BY THE ALBERT LEROY MOSS FOUNDATION, INC., FROM 11:00 AM to 8:00 PM, AT NORTHWEST 15TH AVENUE (FROM 62ND STREET THROUGH 71ST STREET), MIAMI FLORIDA. Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Haskins R-06-0481 Vice Chairman Sanchez: And I believe there are no pocket items. Commissioner Spence -Jones: Yes, just one. Vice Chairman Sanchez: All right. Let's get rid of the pocket items. Commissioner Spence -Jones: All right. I just want to actually direct the City Manager to provide support for the upcoming -- as you know, the united peaceful rally for the kids in reference to all the violence in Liberty City, to provide City services for the Peace in the Hood event on August 19, 2006. Vice Chairman Sanchez: The pocket item reads to waive permit fees required for the Peace in the Hood Festival, which will be held August 19, 206 [sic], from -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- noon 'till eightp.m. -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- on Northwest 15th Avenue, from 62nd Street to 71 st Street. Commissioner Spence -Jones: Thank -- Vice Chairman Sanchez: There was a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 242 Printed on 8/29/2006 City Commission Meeting Minutes July 27, 2006 Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Mr. Fernandez: And that was a resolution. The waiver of fees requires a resolution. We'll be preparing a resolution. Commissioner Spence -Jones: OK. Thank you. Vice Chairman Sanchez: All right. Once again, the meeting is adjourned. Thank you so much. Have a wonderful weekend, and God bless you, and have a safe ride home. City ofMiami Page 243 Printed on 8/29/2006