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HomeMy WebLinkAboutCC 2006-09-28 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, September 28, 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 September 28, 2006 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES 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 EM - EMERGENCY ORDINANCES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City of Miami Page 2 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 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 28th day of September 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 9:30 a.m., recessed at 12:37 p.m., reconvened at 2:46p.m., recessed at 5:49 p.m., reconvened at 6:14 p.m., recessed at 6:16 p.m. to convene the Second Budget Hearing; reconvened the regular meeting at 8:41 p. m. and adjourned at 8: 48 p.m. Note for the Record: Commissioner Spence -Jones entered at 9:32 a.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, CMC, City Clerk Pamela Burns, Assistant City Clerk Chairman Gonzalez: Good morning, ladies and gentlemen. Welcome to the September 28, 2006 meeting of the City ofMiami City Commission in this historic chambers. The members of the City Commission are Joe Sanchez, Vice Chairman, Tomas Regalado, Michelle Spence -Jones, Linda Haskins, and me, Angel Gonzalez, your 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 -- by Vice Chairman Sanchez, and the pledge of allegiance by Commissioner Regalado. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 06-01705 CEREMONIAL ITEM Name of Honoree Presenter Protocol Item Firefighter Kent Padmore Mayor Diaz Commendation Florida Board of Nursing Board Members Staff Rick Garcia Monty McCullough Cassandra Pasley Commissioner Regalado Commissioner Regalado Commissioner Regalado Commissioner Regalado Commissioner Regalado Salute Salute City Plate Salute Salute 06-01705 Cover Page.pdf 06-01705 Protocol List.pdf Mayor Diaz presented a commendation to Firefighter Kent Padmore, U.S. Marine of the Year, for his demonstrated commitment to the principles of democracy, using resources, expertise, and talents as both Firefighter and Naval Officer to ensure an elevated quality of life for all people. Commissioner Regalado presented a salute to Enrique "Rick" Garcia on becoming the first Cuban American president of the Florida Board of Nursing; further recognizing Monty McCullough, Cassandra Pasley, and staff members of the Florida Board of Nursing. City ofMiami Page 3 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 MAYORAL VETOES Chairman Gonzalez: Now we're going to go with the presentations/proclamations that we have this morning. I believe the Mayor -- Mr. Mayor, good morning, sir. Mayor Manuel A. Diaz: Good morning. Chairman Gonzalez: Welcome. I understand you have a presentation. Presentations made. NO MAYORAL VETOES Chairman Gonzalez: All right. Do we have any vetoes from the Mayor's Office, Madam City Clerk? Priscilla A. Thompson (City Clerk): There are no vetoes. Chairman Gonzalez: All right. Let the record reflect that. ORDER OF THE DAY Chairman Gonzalez: All right. Now we will begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. Any person who is a lobbyist must register with the City Clerk before appearing in front of the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. The materials in connection with each item appearing on the agenda today is available for inspection during business hours 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 Commission action. The Commission may override such veto by a four fifth vote. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item on which the appeal is based. Absolutely no cell phones, beepers, or other audible sound or ringing devices are permitted in the Commission chambers. Please silence those devices now. Any person making impertinent or slanderous remarks, or who becomes unruly while addressing the Commission, shall be barred from further attending Commission meetings, unless permission to continue or again address the Commission is granted by a vote of the Commission. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or a Commissioner are allowed. No signs or placards are allowed in the chambers. Persons exiting the Commission chamber shall do so quietly. Persons may address the City Commission on items appearing on the `public hearings" portion of the agenda and on items where public input is solicited. Persons wishing to speak should inform the City Clerk as soon as possible of the desire to speak, giving the City Clerk their names. At the time the item is heard, you should walk to the podium, approach the microphone, and wait to be recognized. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. The items will be heard in the numbered sequence on the agenda, except for items PZ (Planning & Zoning) -- except for PZ items, which will begin after 10 a.m., and Mr. Chairman and Commissioners, item DI.1 and PZ.32 are being deferred by the Administration at this time. I repeat, DI. 1 and PZ.32 are being deferred. Vice Chairman Sanchez: PZ.32? City ofMiami Page 4 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 CA.1 06-01418 Department of Economic Development Mr. Fernandez: Um -hum, correct. Priscilla A. Thompson (City Clerk): Before we continue, is there a date that we're deferring PZ.32? Mr. Fernandez: No, no date certain. It's just being deferred. "[Later...]" Chairman Gonzalez: Now we're going to close the budget hearing, and we're going to go back to the Planning and Zoning agenda, and what I would like to do with -- my colleagues agree with me -- I would like to take one item, which is D5.2, which is very important to District 5, and Vice Chairman Sanchez: Which one is that? Chairman Gonzalez: -- and we need to get that done, and then I would like to defer the rest of the Planning and Zoning agenda for the next Planning and Zoning meeting of October 2006. CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), EXPANDING THE BOUNDARIES OF THE CITY OF MIAMI DESIGNATED BROWNFIELD AREAS, TO INCLUDE THE AUGMENTED (01/01/06) ENTERPRISE ZONE AS ILLUSTRATED AND DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, IN ACCORDANCE WITH FLORIDA STATUTES SECTION 376.80(2)(A) OF THE BROWNFIELDS REDEVELOPMENT ACT, WHICH WILL FACILITATE THE ASSESSMENT, REHABILITATION AND REDEVELOPMENT OF PROPERTIES WITHIN THE BROWNFIELDS AREA THAT HAVE BEEN DETERMINED TO HAVE A CRITICAL NEED FOR REDEVELOPMENT; AUTHORIZING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE MIAMI-DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT OF SAID EXPANSION; AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO UNDERTAKE ANY OTHER NECESSARY RELATED PROCEDURES, NOTICES, AND REQUIREMENTS FOR SAID DESIGNATION, FOR SAID PURPOSES. 06-01418 Legislation .pdf 06-01418 Exhibit .pdf 06-01418 Exhibit 2 .pdf 06-01418 Exhibit 3 .pdf 06-01418 Summary Form.pdf 06-01418 Master Report .pdf 06-01418 Pre-Legislation.pdf 06-01418 Map .pdf 06-01418 Map 2.pdf 06-01418 Pre -Legislation 2 .pdf 06-01418 Pre -Legislation 3 .pdf City ofMiami Page 5 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0561 Chairman Gonzalez: Commissioner Sanchez, CA.1. Vice Chairman Sanchez: Mr. Chairman, thank you, and good morning to all. I would just like to have the Economic Development director justify for this action on the record as to a point of clarification as to the downtown area. There was some concern about expanding the brownfield area into downtown, and as we all know, downtown has been, especially the Brickell area in downtown, I mean, that is an area that has benefited from all the economic revitalization in our City. Just wanted to clarify that. On the map, I was a bit confused. I know it's expanding to Melreese, Little Havana, and I just wanted to clarify downtown. Lisa Mazique (Director, Economic Development): Yes, sir. Downtown has already been an enterprise zone and a brownfields area. This expansion only reflects the County's expansion of January, which is into Melreese, the Orange Bowl, Calle Ocho, Flagler, and up 27th Street, as indicated in the orange. The blue and green areas have already been predesignated. We're only expanding into the enterprise zone as ofJanuary this year, which into -- went into these areas. Priscilla A. Thompson (City Clerk): And when you come back to the mike, can we get her name for the mike? Vice Chairman Sanchez: Yes. Ms. Mazique: Yes, Madam Clerk. Lisa Mazique, Department of Economic Development -- Vice Chairman Sanchez: All right. Ms. Mazique: -- and this is only our effort to try to expand our incentive in programming to twin - the enterprise zone with respect to brownfields. It doesn't make the areas -- it doesn't designate them brownfields. It just means that there's contamination found in the course of rehabilitation. The opportunity to provide for federal grants and state grants exists. Vice Chairman Sanchez: Now, just -- my question has been answered, and I'm OK. Does this, in any way, because -- could this assist Wagner's Creek [sic], which is our most contaminated water here in the City, as you all -- the history of Wagner's Creek [sic]? Does this, in any way -- I know that we're trying to tap into federal funds and all types of funds so we could try to clean up that contaminated waterway. You are aware of Wagner Creek, correct? Ms. Mazique: Regrettably, no. I apologize. Vice Chairman Sanchez: You are not? Ms. Mazique: No, sir. Vice Chairman Sanchez: Well, I think somebody should let her know about Wagner's Creek [sic}. Maybe you can, sir, on the issue. I just want to know what, if this, in any way, you know, could it have been expanded to that area to try to clean up that area? Glendon Hall: OK My name is Glenn Hall. I'm with Economic Development. The brownfields area that we already have as part of this City includes all of Wagner Creek. It benefits -- it bene City ofMiami Page 6 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Vice Chairman Sanchez: It includes Wagner Creek? Mr. Hall: Right. It benefits the properties that have been contaminated by the actual river. In fact, there's a couple properties right now being remediated on both sides, benefiting from some of the different brownfield incentives. Vice Chairman Sanchez: All right. No further question on the item, Mr. Chair. Chairman Gonzalez: I -- Pedro G. Hernandez (City Manager): Commissioner -- ifI may, Commissioner, -- Mr. Chairman, I think that properties that are abutting Wagner Creek may be impacted by this, but the cleanup of Wagner Creek will be a project separate from this process, a project that staff is working on right now to develop the best way to proceed forward with. Vice Chairman Sanchez: OK. Thank you. Chairman Gonzalez: I believe that I heard you said that this will include Melreese? Mr. Hall: Yes. Chairman Gonzalez: OK. When you say Melreese, what area are you talking about -- Mr. Hall: Melreese Park -- Chairman Gonzalez: -- from where to where, what are the boundaries? I can't see from here. I can't see the map -- Commissioner Spence -Jones: What's the boundaries? Chairman Gonzalez: --from here. Commissioner Spence -Jones: Ok and what's the address, like what's the area -- what's the address? Chairman Gonzalez: What -- from what avenue to what avenue, from what street to what street? Mr. Hall: Northwest 42nd is the west boundary; 13th Street, almost to the Dolphin, is one (UNINTELLIGIBLE) on the south. It's entire Melreese Park. Chairman Gonzalez: From Legion [sic] Road to -- on the west to where on the east? Mr. Hall: All right. Chairman Gonzalez: Frank, could you -- did you check this out? Frank Castaneda: (Chief of Staff, Office of Chairman Gonzalez: ): It's including the whole golf course. Mr. Hall: Right. Chairman Gonzalez: It's -- did you check it out? Are you sure? Mr. Castaneda: Yes. City ofMiami Page 7 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Mr. Hall: It's on 37th. Mr. Castaneda: Including the golf course, correct. Mr. Hall: Northwest 37th on the east side; Northwest 42nd on the west, and to the south, it borders a new street that is just north of the Dolphin. Chairman Gonzalez: All right, so it covers the entire golf course, right? Mr. Castaneda: Correct. It does not include Grapeland Park, but -- Chairman Gonzalez: Oh. Mr. Castaneda: -- it does include the golf course. Chairman Gonzalez: Grapeland Park was already -- Mr. Castaneda: I (INA UBIBLE) -- Chairman Gonzalez: -- cleaned up, and it cost us $10 million, so you know, too little too late, as far as I'm concerned. All right. That was my question, if the golf course was included in this. All right. Do I hear a motion? Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. CA.2 06-01647 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO PURCHASE, IN ACCORDANCE WITH THE AGREEMENT DATED APRIL 1, 2004, BETWEEN THE CITY OF MIAMI AND THE VILLAGE OF KEY BISCAYNE, ATTACHED, SECTION VIII, "RIGHT OF FIRST REFUSAL," TWO (2) RESCUE TRUCKS, FOR THE DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $32,500 EACH, FOR A TOTAL AMOUNT OF $65,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 311850.026132.4.193. 06-01647 Legislation .pdf 06-01647 Exhibit .pdf 06-01647 Summary Form.pdf 06-01647 Safety Approval Form.pdf 06-01647 Pre-Legislation.pdf 06-01647 Letter .pdf 06-01647 Letter 2 .pdf 06-01647 Pre -Legislation 2 .pdf 06-01647 Certified Copy.pdf City ofMiami Page 8 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0558 CA.3 06-01648 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Zoning ATTACHMENT(S), AUTHORIZING THE MAYOR AND THE CITY CLERK TO APPROVE THE RELEASE OF A UNITY OF TITLE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 119 SOUTHWEST 6TH AVENUE AND 574 SOUTHWEST 1ST STREET, MIAMI, FLORIDA. 06-01648 Legislation.pdf 06-01648 Exhibit .pdf 06-01648 Exhibit 2.pdf 06-01648 Exhibit 3.pdf 06-01648 Exhibit 4.pdf 06-01648 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0559 CA.4 06-01649 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED JULY 24, 2006, PURSUANT TO INVITATION TO BID NO. 05-06-085, FROM PETROLEUM TECHNICAL SERVICES, INC., AS A SHORT TERM CONTRACT, FOR THE PURCHASE AND INSTALLATION OF ONE (1) 15,000 GALLON ABOVEGROUND FUEL TANK, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION ("GSA"), AND THE REMOVAL OF THE EXISTING FUEL TANK AND PURCHASE AND INSTALLATION OF ONE (1) NEW 2000 GALLON ABOVEGROUND FUEL TANK, AT THE MARINE STADIUM MARINA, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $158,786; ALLOCATING FUNDS FOR THE GSA, FROM CAPITAL IMPROVEMENT PROJECT ("CIP") NO. 311010.429301.6.830, JOB B-30365, AT AN AMOUNT NOT TO EXCEED $106,800, AND FOR PUBLIC FACILITIES (MARINAS), FROM CIP NO. 326015.359307.6.830, JOB B-30225, AT AN AMOUNT NOT TO EXCEED $51,986. City ofMiami Page 9 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 06-01649 Legislation.pdf 06-01649 Summary Form.pdf 06-01649 Award Recommendation Form.pdf 06-01649 Award Sheet.pdf 06-01649 Tabulation of Bids.pdf 06-01649 Bid Security List.pdf 06-01649 Bid Response Form.pdf 06-01649 Minority Affidavit.pdf 06-01649 Affirmitive Action Statement.pdf 06-01649 Office Location Affidavit.pdf 06-01649 Bid Response Checklist pdf.pdf 06-01649 Addendum No.1.pdf 06-01649 Occupational License Tax pdf.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0560 Adopted the Consent Agenda Motion by Commissioner Haskins, seconded by Commissioner Spence -Jones, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA Chairman Gonzalez: And now we're going to go to the consent agenda. Are there any items that the Commission wants to defer or pull for discussion? Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: Item CA.1, I just want to pull for discussion, and just for the point of clarification with the Economic Development Director, who's here, just to justify the item or an issue on the item. Chairman Gonzalez: Any other items that the Commission may want to defer or pull for discussion? OK, hearing none, can we have a motion on the balance of the consent agenda? Commissioner Haskins: So moved. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. City ofMiami Page 10 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 CHAIRMAN ANGEL GONZALEZ City of Miami Page 11 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 DISTRICT 2 COMMISSIONER LINDA M. HASKINS DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ D3.1 06-01665 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING THE SALARY AND BENEFITS TO BE RECEIVED BY INDEPENDENT AUDITOR GENERAL VICTOR I. IGWE. 06-01665 Legislation.pdf 06-01665 Exhibit.pdf DEFERRED Motion was made by Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, directing the Audit Committee of the City ofMiami to provide an evaluation report on the Auditor General to the City Commission; further, to establish communication and appeal protocols and a system for regular internal review of the Auditor General, via the Audit Committee, to the City Commission every three years. Motion was made by Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to defer Item D3.1. Chairman Gonzalez: All right. Let's go to Commissioners' blue pages. Vice Chairman Sanchez, do you have anything? Vice Chairman Sanchez: Mr. Chairman, my item, D3.1, is a resolution. As you know, I was directed by the Chair to evaluate and come back to this Commission with the ratifying and approving and confirming of the salary and benefits by the Independent Auditor General, Victor L Igwe. Chairman Gonzalez: Mr. Vice Chair, I'm sorry to interrupt you, but if you don't mind, I would like to have that item deferred. Vice Chairman Sanchez: All right. What, I'm the Chair? Chairman Gonzalez: You're chairing. Vice Chairman Sanchez: Well -- all right. Well, the item -- I -- I mean, I would respect, but ifI may just -- I was asked to evaluate, and I said it very clearly for the record that I wanted to get an independent evaluation of all the Commissioners so I could determine, based on the inputs from all the Commissioners, his -- ratifying his contract to work here at the City. I received only two Commissioners that responded. One was Commissioner Regalado and the other was Commissioner Spence -Jones on this matter, so -- I mean, I -- for the sake of harmony and the understanding, I would re -- you know, I would respect that -- you know, your deferral item on it, but I think that since it was my responsibility to bring it forth and present it, you know, the item is on the table, so -- Commissioner Spence -Jones: I just -- City ofMiami Page 12 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Chairman Gonzalez: Yeah. Commissioner Spence -Jones: -- Mr. Chairman, I just have -- Chairman Gonzalez: I -- Vice Chairman Sanchez: Wait, wait. Commissioner -- Chairman Gonzalez: I'm -- Vice Chairman Sanchez: Chairman Gonzalez. Chairman Gonzalez: --just going to make a motion to defer the item today. Vice Chairman Sanchez: All right. There's a motion. Is there a second? Commissioner Spence -Jones: I just have a comment. Chairman Gonzalez: We need to have a -- Commissioner Regalado: I'll second. Chairman Gonzalez: -- second to go -- Commissioner Regalado: I'll second for discussion. Chairman Gonzalez: -- to discussion. Vice Chairman Sanchez: All right, wait. There's a second for the purpose of discussion. Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: OK. I just want to have a understanding because I know that we've been waiting for these contracts. We confirmed or we completed the CityAttorney's and we completed the City Clerk's last week -- I mean, the last -- during the last meeting, and then it was thought that we would complete the auditor's. I'm just wondering why for the -- why are we asking for the deferral? Vice Chairman Sanchez: I'm not asking for it. I'm ready. Commissioner Spence -Jones: I mean, I just want to know for what reason are we asking for it. Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: I just asked for a deferral. Let me tell you, I have a serious problem with this particular -- and that's the reason why I haven't send you my opinion on this. The Auditor General is supposed to audit everybody and render an opinion on the performance of everybody. My question is, we, the Commissioners and the Mayor, are supervised by the people, and we are checked out -- our work is checked out by the people, and they supervise us, OK. The City Manager supervise the work of every single director in the City ofMiami, and so on and so on and so on. It's a chain. I don't feel that I am capable of really analyzing the work of an Auditor General because I'm not an accountant. I'm not a CPA (Certified Public Accountant). I know the rules of accounting and auditing, and that's why we have in place an audit committee in the City ofMiami, where each one of us appoint a person, and I think that audit committee should be involved in the evaluation and the -- and should issue a report on the work done by the Auditor General. City ofMiami Page 13 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Commissioner Spence -Jones: OK. Can I ask this question, Mr. Chairman? When do you propose for us to address the issue with the Auditor General? Because I understand that he's been waiting -- I'm not really sure how long. How long have you been waiting, Mr. Auditor General? Victor Igwe: Victor Igwe, the Auditor General for the City. I haven't had a raise since 2003. Commissioner Spence -Jones: 2003? Mr. Igwe: Right, and I made an appointment, Chairman, to talk to you personally, and never did get an appointment. Chairman Gonzalez: Well, but the problem is not getting an appointment to talk to me because you can tell me whatever you want, and to me, it won't make any difference -- Commissioner Haskins: Mr. Chairman. Chairman Gonzalez: -- because I don't know how to evaluate you. I'm not an accountant. Even though I went through some courses in accounting in Miami -Dade Community College in my degree in business administration, I don't think that makes me capable of really making an opinion on your performance as an auditor, but in the other hand, we have an audit committee that is composed of auditors, each one of them is an auditor, and they can evaluate your work, and that's what would like to see them do. I would like them to see what you have done, check the audits that you have done, and then come back with an opinion. Commissioner Haskins: Mr. Chairman, could I be recognized? Chairman Gonzalez: Yes, ma'am. Commissioner Haskins: OK. Vice Chairman Sanchez: Commissioner Haskins, you're recognized since I'm chairing the -- Commissioner Haskins: Commissioner Sanchez, I did send an e-mail to your office declining to weigh in on the evaluation because I didn't think that it was appropriate because areas that reported to me in the City were subject to internal audit, and I thought anything that might say would sound self-serving, so that's why declined, but did sent your office a message on -- Vice Chairman Sanchez: And you're -- Commissioner Haskins: -- how I look -- yeah. I said -- Vice Chairman Sanchez: -- absolutely right. Commissioner Haskins: -- and -- on how I think we should look at this process, because I think, in fairness to everyone, the -- my firm belief is that there have been breakdowns in the auditing process in the City from both sides. I think we've had situations where Vic -- the Auditor General has gone into audit areas; staff has not responded; staff has not given the information that's requested, and that's certainly not fair to the Auditor General. I also think that there are issues of protocol that we need to establish. I was an auditor for 11 years, not an internal auditor, but an auditor. I'm not -- sorry, not 11 years, nine years, and there is an association, the International Association for the Professional Practice of Internal Auditing, that sets standards, and those standards include protocols, communication protocols that should be written and set forth so that in those situations where there are disagreements between internal - City ofMiami Page 14 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 - the audit department and staff there is an appeals procedure. We don't have that in the City, and I think that's very important. There are, in the professional standards, as well, there's a requirement -- they suggest that at least every five years there be an external review of the audit function, because what you basically get down to is who audits the internal auditor. That's -- you know, and in their literature, they talk about that so that you would hire an association to look at the practices and protocols, interview departments that have been audited, what's their -- what -- how has the interaction been, interview members of the internal audit staff getting the same thing, so that you have a fair picture. In this -- you know, I'm -- I have a real sense of fairness when it comes to these issues, because I know how powerful -- having been an auditor, I know how powerful this position can be, and when you -- when people are not -- when there are tensions and there's a sense that there's nowhere to go, it does not add to the quality of the reports, and as we know, we've had those issues. We've had issues with errors in inter -- in reports. Commissioner Spence -Jones, I know you were not happy with the Model City report. Commissioner Spence -Jones: Well, it wasn't that was not happy with the Model City report. It was -- Commissioner Haskins: Well, in the last meeting, you said that you found, after the fact, that -- Commissioner Spence -Jones: There was addi -- Commissioner Haskins: -- things were not true in there. Commissioner Spence -Jones: Right. There were some things in it -- Commissioner Haskins: OK. Commissioner Spence -Jones: -- that needed to be clarified -- Commissioner Haskins: Exactly -- Commissioner Spence -Jones: -- so I didn't -- Commissioner Haskins: -- so -- Commissioner Spence -Jones: -- right. Commissioner Haskins: -- those are the sorts of things that think, in a public way, not in a private way, in a very public way, because this is a -- should be a public process -- there should be a way to deal with these issues, and when I was in the Administration, when I was in budget and when I was the deputy City Manager, my sense was that we needed to have some protocols established so that the disagreements could be addressed on a more professional basis. I think Victor is probably one of the most learned internal auditors you will ever find, without a doubt, but think in order to make this process really work effectively, I think we should ask the audit committee to really look at the issues that -- on protocols, communication protocols, dissemination of information protocols; what happens if staff does not respond to the Auditor General, because those are serious issues, and I think the -- as we can see here, there are tensions, and those tensions need to end because we need an effective audit process. Vice Chairman Sanchez: Commissioner Regalado. Mr. Igwe: Yeah. Can I respond to what the Commissioner said? In the profession of internal auditing, there are usually two standards. One of the standards is the one that she alluded to, which is the Institute of Internal Auditors; they have standards, and also they -- the generally accepted government accounting standards. There are two standards, and you have the option City ofMiami Page 15 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 to take one of them. My office, because we are in governmental, we go strictly with generally accepted government accounting standards. Those standards are different from the HA (Institute oflnternalAuditors), which tends to, you know, gear more to the private sector, so in terms of protocols, procedures, we do have written protocols; we do have written procedures. When we do audits and we have disagreements, we usually give the auditee [sic] the opportunity to respond in writing, and those written responses are reflected as part of the report. There is nothing that goes into the report that is not clearly discussed, debated, and properly vetted. Nothing goes into the report -- just because there was a reason for something to happen, doesn't necessarily mean that those things are in compliance with whatever rules, laws, or regulations that we're supposed to be determined, and what -- you know, what do they comply with. Our accomplishments, our things that we've been able to achieve since I've been here, since '99, speaks for itself. I put out a quarterly report that chronicles all the things that we've done for that particular quarter. We do all type of audits, financial, compliance, operational, forensic audits, so if there's a disagreement, usually we give them the opportunity to respond, and that response gets reflected in the audit report. Then let the reader read and draw their own conclusions, so we do have a process in place, and -- you know, to discuss and vet these things. That's my response to Commissioner Haskins. Vice Chairman Sanchez: Commissioner -- Commissioner Spence -Jones: Mr. Chair -- Mr. -- Vice Chairman Sanchez: Well, Commissioner Regalado -- Commissioner Spence -Jones: I'm sorry. Vice Chairman Sanchez: -- and then Commissioner Spence -Jones. Commissioner Regalado: Thank you very much, Mr. Chairman. I read every audit report that Mr. Igwe sends, and here I see two problems, not being an accountant, never been an auditor, not understanding a lot of the numbers, but when you read -- this is one of the problems, and probably, this is the underlying concern. When you read an audit and you see an assumption of a department that something is going on that shouldn't be, something is not right, this is what catch your attention, not the explanation of the department We did this because we did that. We did this because we did that. That is, I think, something that is unfair to the City employees. The other thing is about the tensions that Linda mentioned and the protocol, and I think that some things has to be told because, after all, this is a government in the sunshine, and the people needs to know. I don't think it's a problem about protocol. I think that the pastAdministration created a hostile environment for the auditors to go, and the past Manager, personally and directed -- directly engage in orders to some people not to talk to auditors, and even some of the auditors were threatened that they will never get a raise, and you know, you -- I mean, the School Board has been without an auditor for a year, and the easiest way to not reveal any wrong -doing or corruption is not to have an auditor, and -- but think that what the Chairman is trying to do is frying to understand what is the role of the auditor, and I think he's right in terms of how do we look at the auditor. I look at the auditor for the results. You know, the Bayfront Trust audit ended in arrest. The scandals of the no -bid contracts were front page. Unfortunately, the City Attorney -- the State Attorney didn't do anything, and these are the fundamental issues that we need to know. The people ofMiami deserve to understand that we're having a government that functions, but also the people ofMiami should not be subjected to the notion that someone is doing something wrong, and yet, it's not proven because, at the end of the day, in the United States everyone is innocent until proven guilty. When -- it's like being judged in the media. You know, when someone name is published in the media, this person did that and that and that, that person is guilty as charged by the media, and when that person is found innocent, well, the story is on 6B, and it's very difficult to read because of the size. I think we need to have a balance. I think that we need to have an auditor. I think that we need to have -- City ofMiami Page 16 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 thank God that we have a new Manager that understands the system. Thank God that we have a new Manager that understand transparency in government, and you know, that doesn't bully the auditors to -- not to ask question, but you know, I answer the request of the Vice Chairman very simple. I just wrote what I think the auditor had done in the past, and the money that has been save, and I -- hopefully, this thing will resolve because I think that all of the problems and all of the tension had to do with the past and not with the present and the future, and hopefully, we will have a good auditor, a good audit office, and you know, my -- like I said, my only concern, Victor, is the notion that something may be wrong, and then, when it's explained, you see the last line -- and I do read all the audits -- saying the Department will correct this, but you know, what you read is what it looks really bad, so I don't -- you know, I don't -- I will follow the recommendations of the member of the Commission that was in charge of this audit. I mean, of this evaluation, and I would also hope that the Chairman will be satisfied, if the audit committee has input on this matter, but I think that the problems and the tensions and the issues are just part of the past, and that's what I think and that's what I hope. Thank you. Mr. Igwe: Yeah. Let me -- Commissioner Spence -Jones: Mr. -- Mr. Igwe: -- respond to -- can I respond to -- Vice Chairman Sanchez: Well -- Mr. Igwe: -- what he's --? Vice Chairman Sanchez: -- Mr. Igwe, please respond, and then Commissioner Spence -Jones. Mr. Igwe: OK. In terms of perception of what people perceive from either the title of the finding - - of the audit finding, per se, the standards require me to report what I find, regardless of whether it's been corrected, or regardless of whether there's a correction plan in place. I'm still required to report it. Then, in addition to the reporting, I want to also to inform the public there's something -- the Department has already initiated efforts to fix that problem, so merely just because the audit finding either is in the process of being corrected, doesn't -- will not start - - will not -- will still require me to report that, that it was found, but something is being done to have the problem, you know, corrected. Vice Chairman Sanchez: All right. Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: Yes. I just want to say a couple things. First of all, I am going to yield to the Chairman of the board, because if any of my colleagues or if he feels that he needs an additional way to evaluate the auditor, then I want to yield to that, so that we could at least allow for him to, you know, express his viewpoint about it, so I will yield to it being deferred, but I do want to at least officially put on the record my position. As you know, I am the only African American sitting on this dais, and one of the biggest issues that I always talk about is leadership in City government -- leadership from all stands -- from all walks when we're doing -- when people are doing business with the City, but especially in City government, and you know, by all means, we're not asking for anybody to be evaluated based upon who they are, butt just -- I have to at least admit to you that I feel a little uncomfortable because we did evaluate the City Attorney and, quite frankly, I'm not an attorney, so -- but we evaluated him. Quite frankly, I have no -- you know, we evaluated the City Clerk, and I'm just becoming aware of what the City Clerk does, you know, and -- but I did my best, and you know, never admitted to knowing what an auditor does fully, and I'm learning as Igo. I just want things to be fair, and that's what this was all about for me, is ifwe did itfor one and we did itfor another, then we should be able to do it for this one, but I am going to yield to it, and I'm going to ask, Mr. Chairman, that at least we give a time frame, because ifMr. Igwe has been waiting for the last three years for his City ofMiami Page 17 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 increase or his evaluation, I really would like to at least know or at least put a time frame as to when he will -- when we will be able to get this recommendation back from the audit committee. I would hate to see him have to wait another year in regards to this issue. Vice Chairman Sanchez: Mr. Chairman, you're recognized for the record. Chairman Gonzalez: Yeah. I don't think it'll be necessary to wait for another year, but the time that he has wasted on not getting a pay raise, I understand on the -- on what the Vice Chair was going to propose included the raise to be retroactive, is that correct? That was your proposal. Commissioner Spence -Jones: Yeah, they're retroactive. Chairman Gonzalez: So he was going to be compensated, but let me tell you. Once again, I'm going to say it again. I'm not an accountant. I'm not a CPA. I have some basic accounting knowledge that learned during my business administration degree, but that doesn't capacitate me to really give an opinion on the work of an auditor, and let me tell you, I've been audit. I've been audit on my -- on businesses that have worked for. For example, in Allapattah Business Development, we had an audit. We have an audit every year, and the audit is not to crucify anybody. The audit is not to embarrass anybody, or to taint anybody's name or reputation or profession. The audit is to find deficiencies on the operation of any business, and then the purpose is to find those deficiencies and find ways to correct the deficiencies. That's why you have a reporting status, and you have a time where to offer your -- what you're going to do to repair those deficiencies. That's what an audit is supposed to be. I have had serious problems with couple ofyour audits, particularly the one that you did on the consultants, where you included in your consultants -- and if we want to talk about it -- because you know, this has nothing to do with race, let me tell you, and I don't know ifI perceive correctly what my colleague Spence -Jones was saying. This has nothing to do with race. I don't care if you are Cuban, Chinese, Puerto Rican, yellow, blue, white, green, I'm going to treat you the same way, OK. If you're Cuban and I don't feel you're doing the right thing, I'm going to tell you, I'm going to tell you, because this is not about race, OK, and I hate to hear those implications, especially me, because I have worked in this City for many years with every single group -- Vice Chairman Sanchez: All right. Chairman Gonzalez: -- but going back to the audit, in that audit, you made a mistake and you reported even the people that clean the bathrooms at City Hall as consultants. Now, the press -- the Miami Herald got that and, right away, they wrote an article, front page, as Commissioner Regalado says, blasting the City, blasting the Administration, and blasting the government that represent as a Commissioner because you made a mistake in that audit, OK. Then we had another audit -- Mr. Igwe: Can I re -- Chairman Gonzalez: -- and the problem that also have is that you report to the Miami Herald your audits before we know. I hate to have receive a call from the Miami Herald asking me a question about something thatl don't have no knowledge of because it makes me look like I am a dumb I -don't -know -what sitting here, OK. We should be the one to be inform first of what's going on so when we're called and we're asked, we're able to give an intelligent, correct opinion. It makes me feel very, very bad when a reporter calls me and ask me a question, and I have to say, I don't know anything about it. Nobody has told me about it. I don't know what's going on, because -- Mr. Igwe: OK. Chairman Gonzalez: -- the people that elected me are going to say, well, what are you doing City ofMiami Page 18 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 sitting over there. You're supposed to know, and if you don't know because the people that are supposed to inform you doesn't inform you, then you're supposed to get rid of those people -- Igwe: Commissioner, can I --? Chairman Gonzalez: -- so I do have serious problem. Mr. Igwe: Let me respond. Chairman Gonzalez: Even with my limited knowledge on accounting principles and auditing principles, even with my limited knowledge on that field, I do have serious problems on the way that you report your audits and in the way that you conduct some of your audits -- Igwe: OK. Commiss -- Chairman Gonzalez: -- and now I have speak my mind. Vice Chairman Sanchez: Mr. Igwe -- Commissioner Spence -Jones: Mr. Chair -- Vice Chairman Sanchez: -- your response, but listen -- Hr. Igwe: Yeah. Vice Chairman Sanchez: -- I think, at the end of the day, it's going to be a deferral. We're going to defer it. As the Chair, I will reserve the last, and as the person who made the evaluation. Mr.Igwe: Right. Vice Chairman Sanchez: Mr. Igwe, you're recognized. Mr. Igwe: Yeah. I just need to clarify what the Chairman said. Mr. Chair, you indicated that I issued a false report, a report that was incorrect. What happened -- first of all, it wasn't an audit. It was not an audit. It was a compilation of the total number of consultant activities that the City had at a particular point, but then what happened was the listing included all and every activity that is not City -related. The report did not change. What we did was we went back and grouped -- regrouped the other ones that are not "consultant" as you know, like engineers, architects. We segregated those. The numbers are still the same. It was still the same number. Chairman Gonzalez: Well, but the perception that you gave out there was that -- Igwe: Yeah. Let me finish, sir. Chairman Gonzalez: -- that department was a total disaster. Same thing happened with Model City Trust. Mr. Igwe: Well -- Chairman Gonzalez: IfI would have guided my -- you know what? You know what made me refrain myself from blasting the Model City Trust? That I have a little bit of knowledge of what it takes to build affordable housing, and I have built affordable housing. I have done it, physically done it, OK, but when I read that audit, I was ready to blast it, Model City Trust. Yeah, in fact, they had some faults, they made some mistakes, but it wasn't as bad as it was portrayed on the report, and those are the things that really concern me, OK. City ofMiami Page 19 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Mr. Igwe: But I had said on record that that report -- Chairman Gonzalez: Now, let me tell you another thing. I'm very concerned on the audit that you're writing now in reference to affordable housing, because being an auditor doesn't mean that -- Vice Chairman Sanchez: All right. Chairman Gonzalez: -- you know everything, because that doesn't mean, in any way or shape, that you're God. God is the only one that knows everything, OK You have problems with the City Attorney, where you are in disagreement with legal opinions. Are you an attorney or you're an auditor? I mean, how many things are you at the same time? Vice Chairman Sanchez: All right. Chairman Gonzalez: Let me tell you. Vice Chairman Sanchez: Let's -- Chairman Gonzalez: This -- Mr. Igwe: I don't have -- Chairman Gonzalez: -- is not an item for discussion. Mr. Igwe: -- any disagreements. Chairman Gonzalez: Let me tell you, this is not an item for discussion. I asked for a deferral, you know. What you can do, Mr. Vice Chair, take a vote. If you don't want to defer it -- if the Commission -- Vice Chairman Sanchez: No, no, no, no. Chairman Gonzalez: -- doesn't want to defer it -- Commissioner Spence -Jones: Mr. Chairman, I think -- Chairman Gonzalez: -- I don't have a problem -- Commissioner Spence -Jones: -- we had already said that we were -- Chairman Gonzalez: -- but the discussion -- Commissioner Spence -Jones: -- going to defer. We're going to de -- we are going to yield to you to defer on the item because we want to be comfortable with before we make this decision. I -- my only question is do we want to give him another six months or three -- how many more months do --? Chairman Gonzalez: I just want to submit it to the board where every single person that is sitting in that board is an auditor -- Vice Chairman Sanchez: Well -- Chairman Gonzalez: -- and have them give me an opinion. City ofMiami Page 20 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Commissioner Spence -Jones: Do they meet every month or every -- how often --? Chairman Gonzalez: We -- Commissioner Spence -Jones: They meet every month? Chairman Gonzalez: -- could find out. Vice Chairman Sanchez: All right. Chairman Gonzalez: We could find out. If not, my office can request that they meet in a special session. Vice Chairman Sanchez: The Chair has made a valid argument. I think that the concern here is that I -- I would respect a deferral; there's no doubt about it. I am prepared with my evaluation, butt will respect -- and I think some of the concerns that have been brought forth have merit. I just would respectfully request that if we defer the item, a motion is made as to some of the statements that were made. One was a motion directing the Audit Committee to provide an evaluation report to this Commission. That was one of the statements that the Chair made. The other one was the statement that Commissioner Haskins made, which was also a very intelligent suggestion, which was? Commissioner Haskins: That there be protocols -- what I put in my e-mail, that we have communication protocols, we have appeal protocols, and we have a system where we do regular internal reviews, via the Audit Committee, and maybe every three years or so, external reviews of the audit department. Vice Chairman Sanchez: All right. We'll go ahead and put that in a form of a motion. The motion is made by the Chair -- Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: -- second by Commissioner Haskins, for the record. Commissioner Regalado. Commissioner Haskins: I believe it was seconded by Commissioner Regalado. Vice Chairman Sanchez: Seconded by Commissioner -- Commissioner Regalado: Yeah. Vice Chairman Sanchez: -- Regalado, but let's take the defer out of -- let's vote on the deferral. All in favor -- Madam Clerk. Priscilla A. Thompson (City Clerk): Parliamentary procedures requires that now that you've introduced this new motion, you vote on that first, and then you can go ahead -- Vice Chairman Sanchez: On the motion? Ms. Thompson: On the -- Vice Chairman Sanchez: All right. There's a motion -- Ms. Thompson: -- this one and then the deferral. City ofMiami Page 21 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Vice Chairman Sanchez: -- on the floor. OK, there's a motion on the floor made by the Vice Chair -- I mean, correct, the Chair, Commissioner Gonzalez, and by -- second by Commissioner Regalado. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries. Now we need a motion to defer the item. Ms. Thompson: No. You already have the motion. You just need to vote. Commissioner Regalado: No. We just did the deferral. Vice Chairman Sanchez: Well, I just want to put on the record who made the -- because I mean, it was about 20 minutes ago. Who made the motion, Madam Clerk -- Ms. Thompson: The motion -- Vice Chairman Sanchez: -- for the deferral? Ms. Thompson: -- was made by -- Vice Chairman Sanchez: The Chair. Ms. Thompson: -- the Chair and seconded by Commissioner Regalado. Vice Chairman Sanchez: All right, so it's on the record. We're voting on the deferral. 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 very much, and we'll move on to the next item. Mr. Igwe: Thank you. Vice Chairman Sanchez: Oh, I'm the next item. Chairman Gonzalez: Thank you, Mr. Vice Chair. City ofMiami Page 22 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 DISTRICT 4 COMMISSIONER TOMAS REGALADO DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 06-01289 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE Attorney XI OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/ BOARDS, COMMITTEES, COMMISSIONS," BY AMENDING CERTAIN SECTIONS RELATING TO THE OVERTOWN ADVISORY BOARD, ESTABLISHING THAT THE OVERTOWN ADVISORY BOARD SHALL HEREAFTER BE KNOWN AS THE OVERTOWN COMMUNITY OVERSIGHT BOARD; EXPANDING THE PURPOSE OF THE OVERTOWN COMMUNITY OVERSIGHT BOARD; AMENDING PROVISIONS RELATING TO MEMBERSHIP AND QUALIFICATIONS FOR MEMBERSHIP; SETTING FORTH PROCEDURES FOR ELECTION AND APPOINTMENT OF MEMBERS AND PROVIDING FOR THE APPOINTMENT OF YOUTH BOARD MEMBERS; AMENDING PROVISIONS RELATING TO THE TERMS OF OFFICE; PROVIDING FOR NECESSARY STAFFING; PROVIDING FOR "SUNSET" REVIEW BY AMENDING SECTION 2-892 OF THE CITY CODE; AND CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Votes: 06-01289 Legislation SR .pdf 06-01289 Legislation FR .pdf 06-01289 Cover Memo SR .pdf Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: Commissioner Spence -Jones, you -- Commissioner Spence -Jones: Yes. Chairman Gonzalez: -- have two items, I understand. Commissioner Spence -Jones: Yes. The first one is the OAB (Overtown Advisory Board), which is the Overtown Advisory Board. As you know, I've been in office almost ten months now, and one of the things that I've done once I got in office was to kind of evaluate the boards that I have within my district. I thought it was really important to kind of understand what their mission and their purpose was. The Overtown Advisory Board is a board that has actually, you know, been around for a very long time, and some of the adjustments that, you know, we felt were necessary to make -- we fried to include it in this ordinance. One of the biggest issues, so that you know -- and the Clerk can, I guess, comment on this -- is the voting issue; that this particular board members have to actually be voted in from the community standpoint, and lately, we've been having --from that perspective, we've been having a low voter turnout, correct, City Clerk -- Ms. City Clerk? City ofMiami Page 23 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Priscilla A. Thompson (City Clerk): Just to give you the full history, of your 13 members that currently sit on the board, two are appointed; one by the Mayor, one by the district Commission [sic], and the other eleven are elected -- Commissioner Spence -Jones: OK. Ms. Thompson: -- and yes, when we've had elections, and we have rotate -- we have elections every year because the term of office is two years. We have had low voter turnout. Commissioner Spence -Jones: Yeah. Right, so what we decided to do is make some sort of changes on those, and we've been working back and the forth with the Overtown Advisory Board members. Some of them are here today. One of the biggest things that I also wanted to include - - and I'm going to try to include it in all my boards -- is to also include a young person from each one of those areas to actually sit on the board, because I think that it's important to have young people involved in the process as to what's happening in their neighborhoods, so basically, what we're doing is we're splitting it. We're having still some voters -- the voting part of it happening, but the others are -- half of it is actually going to be appointments to make sure that we get good people on those boards to work along with community residents, community businesses to really look at what needs to happen in the Overtown area, and as you know, there's a lot of major projects coming to the Overtown area, and the board needs to be operational. The City Manager and I have also had a discussion -- because I think one of the biggest concerns that the board has had is not having a staff member attached to the board to assist them with their needs. Because of all of our budget constraints this year, one of the things that the City Manager and I have worked out is another way to kind of handle the cost of that staff member, which I'm most likely going to do it through the CRA (Community Redevelopment Agency). That's the discussion that we had, is utilize the CRA outreach worker to assist the board in doing what they need to do, because at this present time, to my understanding, the budget is a little too tight for us to handle it, so that's the adjustment we're making. I think I have a few board members and I guess a few community members that want -- would like to make a statement. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. Yes, sir, good morning. Charles Cutler: Good morning. Chairman Gonzalez: Your name and address for the record. Mr. Cutler: Charles Cutler, 706 Northwest 4th Avenue. In looking at the new ordinance, I'm in agreement with it because Overtown is changing and it's changing rapidly, and I think that some of the things that was put in place for the old OAB is sort of outdated now, and I think the responsibilities and the road that we're taking now is much more different and it has changed, so I'm in full support of these new amendments that's been made to the OAB. Thank you. Chairman Gonzalez: Thank you. Commissioner Spence -Jones: Thank you, Mr. Cutler. "[Later...]" Leroy Jones: Yes. I want to give my support to the item on the Commissioner's blue page. I'm originally from Savannah, and when my family -- Vice Chairman Sanchez: Savannah, Georgia. City ofMiami Page 24 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Mr. Jones: -- move -- Savannah. We moved from Savannah to Overtown when I was nine years old. Unidentified Speaker: Savannah, Georgia. Vice Chairman Sanchez: Beautiful, Savannah, Georgia. Mr. Jones: We moved from Savannah to Overtown when I was nine years old, to Overtown, and we stayed in Overtown -- Commissioner Haskins: The garden of good and evil, right? Mr. Jones: Right. From the time I was nine until I got fifteen years old, so I have a history in Overtown, and I support the changes in the Overtown Advisory Board to what the Commissioner wants to change it to. I do think it need some more people to be involved in it. I service the people in Overtown. I provide a service to them because the City Commission approved me funding for my agency, so I do -- and I'm willing to donate any time or services I can to help this board out, OK, so I -- I'm in full support of this -- Chairman Gonzalez: Thank you. Mr. Jones: -- and thank you -- Chairman Gonzalez: Thank you, Leroy. Mr. Jones: -- Mr. Chair, for allowing me. Commissioner Spence -Jones: OK. Chairman Gonzalez: Thank you. Yes, sir. Commissioner Spence -Jones: Mr. Bryan. Del Bryan: Mr. Chairman, Commissioners, Commissioner Spence [sic], morning. Commissioner Spence -Jones: Jones. Mr. Bryan: This is an item that needed to be addressed for a long, long time, and change is necessary, and this board has not been able to function as it should have. This is a matter that has been -- the Commissioner and I worked on while she was with the Mayor's Office. We made many, many attempts. The point is, without the proper support, there will not be good boards, and you're not going to have a good result. These changes are necessary and I support them fully, and the Commissioner's worked at it, and I give her a lot of credit for this, and I said "thank you for listening," and now that you're in a position to make that change, the successive boards will be able to provide better service to the community, which is the purpose of it. We already made some start with some structuring and there's a base to build on, and hopefully, the community will be able to benefit from this board, as it was intended to with these changes, andl support it a hundred percent. Ms. Thompson: And we do need -- Commissioner Spence -Jones: Thank you, Del. Chairman Gonzalez: Thank you. City ofMiami Page 25 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Ms. Thompson: -- a name for the record, please. Mr. Bryan: Del Bryan, 201 Northwest 7th Street. Chairman Gonzalez: Thank you. Mr. Bryan: Thank you. Commissioner Spence -Jones: Thank you, Mr. Bryan. Chairman Gonzalez: Hi. How are you? Rosa Green: Good morning, Commissioners. Chairman Gonzalez: Good morning. Ms. Green: Rosa Green, 415 Northwest 6th Street, and I will also respectfully ask you to support this ordinance, because Overtown Advisory Board is long overdue with the support that we need. In my opinion, it never has, for the last 12 years that I've been involved, been fully staffed and did what it was supposed to do, as the ordinance, when they amended it in 1998, and I do have a copy of that ordinance, so I'm solely hoping and praying that you guys will think and support this ordinance for the business -- I mean, for the benefit of the Overtown residents, and let me give you a little of my history. I came to Miami at the age of 13, and I was raised in Overtown. They had a little area there called Good Bread Alley. We were Georgia -- like I am from Georgia also, and we had the Bahamians and what we call the "Geechees." I think they were from Georgia, too, but instead of me seeing Overtown improved, I've seen it decreased until I'll almost ashamed of it, but it's where I live, it's where I love, it's where I love to stay there until God calls me home, so I haven't seen many changes. The changes have been for the worse, and usually, we look forward to changes for the best. I will also say this word "affordable housing," and I've been wondering, affordable, what is affordable housing? How far -- how high do you go for affordable housing? And if you think -- when you build those houses, please don't build one bedroom and call it a house. As you know -- most of you know -- and I'm right from the heart -- black people have more children than anybody, and I go by and see big mansions almost a block long -- not that you built them -- and maybe two people live there, so I mean, you can't say "my yard." You got to say "our yard," and I'm not raining on the parade, but we want and we need bigger houses. I mean, if you can't put everybody in there, then they have to live somewhere else, but to put them like that, like little shoe boxes that I could stretch my arms out, being tall lady like I am, and reach from one wall to the other, it's not acceptable. Commissioner Spence -Jones: Thank you, Ms. Green. Ms. Green: I'd rather you build less -- yeah, you might have to stop me, Commissioner, and -- Commissioner Spence -Jones: Thank you, Ms. Green. Ms. Green: -- I'm going to sit down. Thank you very much. Chairman Gonzalez: Thank you. Commissioner Spence -Jones: Appreciate you. Chairman Gonzalez: Thank you. "[Later...]" City ofMiami Page 26 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Charles J. Flowers: So Commissioner Jones [sic], I -- as I said to you before, I'm here for you before. If you need me 24-hours a day, if that's possible, but the change is needed -- Commissioner Spence -Jones: Thank you, Mr. Flowers. Mr. Flowers: -- and thank you very much. By the way, I'm not on the Zoning Board no more, butt served over eight years, and we also go to 1 o'clock in the mornings and there's no food, and I, too, also came here with a walker and a crutches when I had a knee replacement, so I just want to also put that on the record, and pardon me for taking up -- raining on your parade for the -- Commissioner Spence -Jones: No, no, no. Mr. Flowers: OK. Commissioner Spence -Jones: Thank you, sir, for coming out. Mr. Flowers: Thank you. Chairman Gonzalez: I remember that. All right. That concludes the public hearing. Mr. Fernandez: Well -- Chairman Gonzalez: Mr. City Attorney, it's an ordinance. Mr. Fernandez: Yes, certainly, and just for the record to make sure that the only change to this ordinance is the reference to providing for the employment of an Overtown Community liaison. We're substituting that statement by saying 'providing for necessary staffing," and then that issue would be addressed later on. Commissioner Spence -Jones: OK. Mr. Fernandez: All right. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call. Ms. Thompson: I need a mover and seconder, please. Vice Chairman Sanchez: So moved. Chairman Gonzalez: OK. We have a motion. Commissioner Regalado: Second. Chairman Gonzalez: We have a -- Vice Chairman Sanchez: Discussion. Chairman Gonzalez: -- second. Discussion. Vice Chairman Sanchez: Not just on discussion. I just want to take the opportunity to praise Commissioner Spence -Jones for having the leadership to go out there and study all these boards City ofMiami Page 27 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 and study how she could improve the service of these boards, and I really -- you know, we often don't take the opportunity to have someone who has come into this Commission with so much energy and focus on really working to make a difference, and I went to her district, and let me tell you, things are happening, and you know, she's only been here a short period of time. She hit the floor running, and I just wanted to take the opportunity -- Michelle, I know people don't do that that often, but let me tell you, I think you're doing a fabulous job representing District 5. Commissioner Spence -Jones: Thank you. Applause. Chairman Gonzalez: All right. Commissioner Spence -Jones: I'm trying. Chairman Gonzalez: All right. Ms. Thompson: Roll -- 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, as modified. D5.2 06-01706 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AMENDING CHAPTERS 2 AND 12.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), BY AMENDING THE CHAPTERS ENTITLED "ADMINISTRATION" AND "COMMUNITY REVITALIZATION" WHICH CREATED THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST ("MODEL CITY TRUST"), PURSUANT TO ORDINANCE NO. 12082, ADOPTED JULY 10, 2001, BY REPEALING ALL SECTIONS RELATED TO THE MODEL CITY TRUST, AND SUBSTITUTING IN LIEU THEREOF NEW SECTIONS ESTABLISHING THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST BY DESIGNATING THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST'S JURISDICTIONAL AUTHORITY AS A LIMITED AGENCY AND INSTRUMENTALITY OF THE CITY OF MIAMI, SETTING FORTH THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST'S PURPOSE, POWERS AND DUTIES, INCLUDING BUT NOT LIMITED TO: TO SUE AND BE SUED, PLEAD AND IMPLEAD, CONTRACT AND BE CONTRACTED WITH; PROVIDING FOR COMPOSITION AND APPOINTMENTS AND PROCEDURES, TERMS OF OFFICE, VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTENDANCE REQUIREMENTS, OFFICERS; OATH, QUORUM AND VOTING, MEETINGS, ABOLISHMENT, A PRESIDENT/CHIEF EXECUTIVE OFFICER AND STAFF, COUNSEL, BUDGET APPROVAL AND ANNUAL REPORT; PROVIDING FOR "SUNSET" REVIEW; MORE PARTICULARLY BY AMENDING SECTION 2-892 AND DIVISION 2 TO CHAPTER 12.5, OF THE CITY CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN City ofMiami Page 28 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Votes: EFFECTIVE DATE. 06-01706 Legislation SR.pdf 06-01706 Cover Memo SR.pdf 06-01706 Legislation FR.pdf 06-01706 Exhibit FR/SR .pdf 06-01706 Submittal 09-28-06.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: All right. D5.2. Commissioner Spence -Jones: Well, hopefully, I'll get a little praise on this item. Vice Chairman Sanchez: You may, you may not. Commissioner Spence -Jones: All right. Mr. Chairman, as you know, again, the -- several of the things that I inherited in my disfrict, and the Model City Trust was one of those things that I inherited. As Commissioner Sanchez said earlier, one of the things I really tried to do was to really get out there and really understand really what was happening with me and my boards. I've made several adjustments already to the existing Trust, butt really felt that there were some overall things that needed to happen to change it. Just to give you a brief update, as you know, we now have a new chair for the Trust. We now have a new president and CEO (Chief Executive Officer) for the Trust. We now have a new -- had put in place a Model City ad hoc committee to survey the needs of that particular community, and of course, as you talked about earlier, we had a Model City audit done of the Trust. I want to say that on this -- on your -- the actual attached ordinance is actually not the correct ordinance. There are some changes that I caught yesterday that were not in the -- your backup, and I asked for the City Attorney to provide that information to you. I do know that, you know, everyone has had concerns in the past about the direction of the Trust. Mr. Chairman, you actually -- you and I actually did a tour of the area. I don't know if it was last week or the week before last. I went to your district and you went to mine, and I love some of the great things that you're doing in Allapattah from a housing perspective, and you got a chance to see some of the houses that we built in the Trust area. One of the major focuses that I wanted to see changed with the Trust was instead of them building and developing, which was kind of you know, a lot of their emphasis, was to put them more in a facilitation role and not necessarily be responsible for actually building or identifying developers to do that type of work, but just becoming more of a facilitation support system to those that wanted to develop in the area. Most of the land within my disfrict at this point or in the Model City area, the single-family homes, are -- the land has basically -- has been already identified for single-family housing, so I really don't have that many single-family housing left in the Model City area that's City -owned property, but as you saw, Commissioner Sanchez and Commissioner Gonzalez, I do have, however, some huge lots on major corridors in my disfrict, so -- or at least in Model City -- so I really wanted the focus to be more on the mixed -use projects on my major corridors because it really makes my neighborhood look bad as people ride through it and see vacant, abandoned lots and nothing happening on it. The City Manager actually went out with me a couple of times, where we've had people actually just storing stuff on those lots, making the neighborhoods look bad, so we've had to do a lot of Code enforcement issues, so I really wanted the focus of the Trust really to be focused on more of a -- of housing, but yet and still, some economic development things that would include, of course, mixed -use developments that would happen on those major corridors, because we have to get something done with them, and hopefully, that will provide the jobs that are necessary in the district, and the housing that's necessary within the disfrict. I have been working hand -in -hand with the new president, and Community Development, and Economic Development, but as you know, our City staff is overwhelmed already with frying to build and support staff -- excuse me, support all of the districts, so we City of Miami Page 29 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 really needed to make sure that we had a group in place that would continue to work to at least make sure development happened within the area. As you know, we have probably about ten new houses that are coming online. You got a chance to see some of them, but before the end of the year -- the beginning part of the year, we will now have, you know, new homeowners going into the area. We have won -- all this took place in the last ten months now. We have won our first tax credit project in the Model City Trust zone that will provide affordable rentals in the area for about 60, 70 units, close to 70 units, which is awesome, which we never had before, and I just think that we're really, really making some great strides, but one of the things I wanted to say, I do know that the Model City Trust issue has been a big concern for many of my members that sit on the dais, prior to me getting here and even while we were here -- while I am here, but I just want you to know that I'm truly, fruly committed to really turning the area around. Commissioner Gonzalez even said to me -- and I felt so good about that -- was -- he said, "Spence -Jones, I've got to tell you. This is the first time I've seen your district this clean" -- Chairman Gonzalez: That's right. Commissioner Spence -Jones: -- and it was amazing because, you know, I live in the neighborhood. I live right down the street from the Model City Trust zone, and you know, you live in it and, after a while -- you know, I'm always talking about pick up trash, pick up the trash. You know, you don't really realize how clean it's getting because you notice every piece of trash that's on the ground, but when someone comes from the outside into your district and they say that to you, that let's you know that your neighbors are starting to get the point of how important it is for them to clean up their areas, but also, you see that the City staff is really stepping up to the plate to fry to clean it up, so my mission has -- and a part of the whole Trust, is to really begin to attract my peers, people that have fled Liberty City because they feel as though it wasn't a safe place to live, work, or play. With the new mission of the Trust to attract those people back from Broward County and back from Kendall, that -- or those that have graduated from college to begin to look back in their own neighborhoods to live. I think that Model City Trust becomes a marketing arm to begin to do that, to make sure that once these houses are built, we are -- we do have a nice, clean space for them to live in, so as I stated earlier, I have asked the City Attorney to do a side -by -side comparison of what the new Liberty City Trust is, and again, we made the changes on the name ofModel City Trust for a couple of reasons, and I'm sure you know, Model City Trust itself had a very negative name -- stigma attached to it for one thing, and then, two, most of the people now live in Liberty City really don't know they even live in Model City, so we made the adjustment on the name, so I wanted to at least go through this -- have the City Attorney -- Jorge L. Fernandez (City Attorney): Yes. Commissioner Spence -Jones: -- at least go through it, but do have, before we went through it - - because I do know my colleagues on the dais have a few questions regarding the item, but would like to at least allow the members of the community to at least come out and bring their comments regarding the items before the Commissioners bring theirs. Mr. Hardemon. Roy Hardemon: Good morning, Commissioners. Roy Hardemon, community advocate for the Model City Trust, 655 Northwest 48th Street. We haggled over this ordinance for quite some time to figure out which way to go; how could we make this community better. As you all know, back in 1997, we led the charge to bring over 150 families because of the conditions of the Model City area, and from -- at that time, Commissioner Teele and Mr. Sanchez them did some modifications that helped us create this Model City Trust that allowed us to start to stop the hemorrhaging of our community. Since then, it was dollars expended; nothing was been done. In February of '05, I became the Model City advocate at that time. We begin to run around and do things that we needed to do and build houses. We're at that point of deja vu, where we frying to figure out what is it other folks want for our community. I think the other folks want no more than they want for they own community, a better community. We're still pushing forward. We're City ofMiami Page 30 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 still building houses. We're making sure that businesses are coming online. Mr. Regalado, I wish he was here to understand that we have a long ways to go, and we need his support. We need him just as well as we need each one of you all to make sure that when they put those suns around our community that didn't allow the tourists to come into our neighborhood, it was a problem. They just closed off 112. Now, Model City area have to go way to 62nd to get on I-95 to come downtown. If you sitting right there on 40th Street or whatever, it takes us away from our community. It's further give us problems. We have so many problems that continue to add on to the poverty that's in our neighborhood. To support this item -- this ordinance to not only change the name, to create a new -- to make sure that not only affordable housing, but affordable rent space come online, and we're going to be working as just as diligently with the County to make sure that the surtax dollars that they have come and we'll be able to bring that -- cost of these units down even farther [sic] than they are. We need y'all support on this here, and as a person that really put the issue at hand, I'm requesting you all to help us. Ms. Haskins has been there. She's been a person that really knows what the issues was and where we are today. I think we really grew and we're growing even more with y'all support. Chairman Gonzalez: All right. Thank you. Yes, sir. Anthony Cutler: Thank you, Commissioner Gonzalez. My name is Anthony Cutler, 6114 Northwest 7th Avenue. My concern with this particular ordinance is that, you know, it -- I know the Model City Trust did a lot of -- had a lot of bad things was going on there, but a lot of things was being corrected. Even with the City ofMiami itself it had a lot of black eyes with this -- with the problem that they had, they straighten them out, and as far as a change in name, I don't think a name change would even make a difference because a lot of the people that's in Model City is not in Liberty City, and the hand that the Model City was dealt actually wasn't a fair hand, because when Marva Wiley was CEO for the Model City Trust, you know, it was hard for her to get land, and then, when she got land, she couldn't get the money, and when you look at the progress of the Trust, you know the sunshine elapsed in '07, the progress would actually be -- it wouldn't actually be an impact on the progress because I don't know if it was the bureaucrats or what, but you know, she was dealt a stacked deck so how could the Model City show progress if these things was hindering her? And then what my concern is, even if you create another board with the Liberty City Trust, would they have the same type of obstacles in the way from stopping them from progressing? And see, what I look at -- I looked at the economical base in the Miccosukee Indians. The Miccosukee is in control of their economy. When I look at the Seminole Indians, they're in control of theirs, and even the Hispanics, they're in control of they [sic] economy, but then when I look at the African Americans, then I wonder who's in control of theirs? Vice Chairman Sanchez: We should all own casinos. Mr. A. Cutler: Well, see -- and this what I'm saying, you know. Now here we are, we have a board that's supposed to be ran by the people, and if the people's not running it or in control of it -- I'm talking about the people that's in the community -- if they not in control of they own economy, then it's going to always be issues and problems, and see cause when Jeffrey Whitaker, when he retired as vice CEO for the Model City Trust, what he said disturbed me, and he said that the issues that -- the things that he could do, he was being hindered, so I asked him, well, who's stopping you from doing what you're obligated to do? And -- Chairman Gonzalez: All right. We're going to need you to limit, you know, because -- Mr. A. Cutler: OK. Well, so anyway -- Chairman Gonzalez: -- I mean, time is running. We have a voluminous agenda to take care of today. We have a budget hearing this afternoon, so we need to move on, so I will appreciate it if you, you know, just make your statement and -- City ofMiami Page 31 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Mr. A. Cutler: OK, so my -- Chairman Gonzalez: -- be precise. Mr. A. Cutler: -- thing is I think we should support one group, one organization, and let them do it own. If it's a problem, solve the problems and move on, and that's (UNINTELLIGIBLE) so, you know -- Chairman Gonzalez: That's right. Commissioner Spence -Jones: Thanks, Mr. Cutler. Chairman Gonzalez: Thank you, sir. Yes, Leroy. Leroy Jones: Leroy Jones, 180 Northwest 62nd Street. In support of the item for the Commissioner, I just want to say thatl think Commissioner Sanchez summed it up when he said how proud he was of Commissioner Spence -Jones hitting the ground and running, and why that's so important is that everybody want to be given a opportunity, a fair opportunity to do what's right, and we got a new Commissioner here for that disfrict. She should be given the opportunity to do what she think is right for that district and not to be judged for past experiences, you know. She's there. She want to see progress. She's dedicated. She's working hard. She see the vision. She just need this full support of the Commission to support her in her efforts, and I just ask you to please support her in her efforts because I know she'll support you all in y'all efforts of y'all disfrict. She know what's needed in her district. She live right down the street from there. Commissioner Spence -Jones: It's my neighborhood. Mr. Jones: She live right there, so if anybody who know what needs to take place that's sitting up there on the dais of that disfrict is this Commissioner, so I just urge you -- you know, and I own property in that area, too, and I do see how much cleaner and how nice it is since the Commissioner been in office, so please support her so that she can do what's right for the residents of -- Commissioner Spence -Jones: Thank you, Leroy. Mr. Jones: -- Model City. Chairman Gonzalez: Thank you. Mr. Jones: Thank you. Chairman Gonzalez: Yes, sir. Willy Calhoun: Good afternoon, Commissioners. Chairman Gonzalez: Good afternoon, sir. Mr. Calhoun: My name is Willy Calhoun. I live at 1090 Northwest 53rd Street, and I'm proud to be an Miamian. I was one of the ones that's ashamed to say thatl abandoned Overtown, and I will not -- and I say I will not -- abandon Model/Liberty City, whether we continue to call it Liberty City or Model City, and I am proud to be in the district of Commissioner Jones [sic]. She's doing a fantastic job with what she have to work with, and we're in hopes that you will support her as she will support the rest of this City in doing the job that's necessary. We thank you very much, and have a great day. City ofMiami Page 32 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Chairman Gonzalez: Thank you, sir. Thank you. Mikal Hamin: Good morning. Chairman Gonzalez: Good morning. Mr. Hamin: My name is Mikal Hamin, 5245 Northwest 7th Ave. I would like to thank you, Mr. Chairman and Commissioner Spence -Jones, for this ordinance. As a collaborative partner with the Liberty City/Model Trust, whatever name she chooses, I think, in the name itself represents the need for the community, and I support her 100 percent in the efforts of bringing about this new ordinance. I think it's a new spirit. She brings about a new spirit for the City and the disfrict in which she lives and work, and I support her in this effort. Thank you. Chairman Gonzalez: Thank you. Commissioner Spence -Jones: Thank you, Mikal. Charles Cutler: Charles Cutler, 706 Northwest 4th Avenue. I want to say thank you first of all to Commissioner Sanchez. I saw your presentation that you made before Dade County, and I was really proud of you, truly proud of you, sir, and if you need me to go to Tallahassee, I'll be -- I'll gladly go up there with you because it's about time somebody was standing up on the issue like that that's really affecting all of us, and I want to say thank you. Vice Chairman Sanchez: Thank you. Mr. C. Cutler: In terms of the Model City Trust, I'm in support of the Commissioner's ordinance. I think that the poverty that exist in our community, traditionally, has been manufactured by government, and I think that now we've reached a stage in our development that we can finally come together as a community and grow together as a community, and I think that now we're on the right track. I think that some of the cultural barriers that we faced in the past, we've overcome them, and I'm looking forward to watching our community grow together and prosper together, like we should have done years ago. Thank you very much. Commissioner Spence -Jones: Thank you, Mr. Cutler. Chairman Gonzalez: Thank you, sir. Yes, ma'am. Good morning. Muriel Walker: Yes. My name is Muriel Walker, and I'm from Edison Towers in Liberty City. I'm in the disfrict with Michelle Spence -Jones. I want to thank her and everybody who is supporting her because she has been a great help to us seniors. She is helping us get low affordable housing. I live to the Edison Towers. They had took our tax credit away from us. For 15 years, we had to wait. Now we getting it back. Michelle, I would like to thank you. I would like to thank Sanchez and all the other Commissioners for going out supporting Michelle along with all the seniors in the Model City area. Thank you very much. Chairman Gonzalez: Thank you, ma'am. Ms. Walker: OK Leroy Lee: Good morning, everyone. Chairman Gonzalez: Good morning. Mr. Lee: Leroy Lee, 1131 Northwest 57th Street, Miami, Florida. I am the newly -appointed City ofMiami Page 33 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 attorney for the Overall Tenant Council Advisory Commission [sic] for Miami -Dade County Public Housing. I didn't expect to come here today, but I just wanted to speak on the item right quickly. Ms. Jones [sic] is a very sincere and committed, and she has been at Liberty Square 10, 11 o'clock at night organizing things, making sure the people's voice is heard. I think she's right on point with a name that's more reflective of the community, more responsive. Ms. Jones [sic], keep up the good work. It's been a short period of time. I also wanted to say hello to my law school buddy, Mr. Kevin Jones. He came the year after me at the University of Florida. I'm very proud of him. Keep up the good work, Kevin. I support your amendment, ma'am, and keep up the good work. Commissioner Spence -Jones: Thanks. Chairman Gonzalez: Thank you. Yes, sir. Ken Knight: Ken Knight, chairman of the OCED (Office of Community and Economic Development) Subcommittee. I'm here to support Commissioner Jones [sic]. Also, I want to thank Commissioner Joe Sanchez for coming to public housing, coming to Liberty Square. He's our hero. He's welcome any time. He represented the Commission well, Commissioner Gonzalez. I -- we -- and also, Commissioner Sanchez, and like it was said previous, we join you, we join the City, we join the County in that march to Tallahassee. We call it the "We the People Rally," and we intend to have an event on November 14, starting from Liberty Square, to rally all of Floridians in this effort for not only affordable housing, but taxes and the -- and this thing with insurance, but enough can't be said about Commissioner Spence -Jones. She's a visionary. She's a leader. I'm proud to work with her. Hitting the ground running, that's just an understatement. I mean, she's taking off and she is really, really ignited, and really put our community back on track, so we support her 1, 000 percent. She's our leader, and there again, we welcome all of the Commissioners to the Model City, the Liberty City area, and you, Commissioner Gonzalez, will be our honored guest, and we thank you ever so much. Commissioner Spence -Jones: Thank you, Mr. Knight. Chairman Gonzalez: Thank you, sir. Yes, sir. Charles J. Flowers: Again, good morning. Charles J. Flowers, 1000 Northwest North River Drive. You may say, well, why Mr. Flowers here; he live in Overtown. When 95 came through, most of us move in Liberty City and we stayed in Liberty City, and when I went off to war for the second time, I leftfrom the City, but I've been in this City over 70 years, seven zero years. I would like to say this, yes, I support Commissioner Jones [sic], and what -- something that a lot of folks don't know, when she ran for office, I didn't vote for her and I told her I didn't vote for her, butt said, when you prove yourself to me, I will be there for you, and she have, and as I said earlier, I'm there for her any time that she need me because she have proven herself to me, and I'll support her on the Model City/Liberty City Trust, whatever she want to call it. Thank you. Chairman Gonzalez: Thank you. Commissioner Spence -Jones: Thank you, Mr. Floyd [sic]. Elaine Black: Hello. My name is Elaine Black. I'm the president/CEO of the Model City Trust, 4800 Northwest 12th Avenue. I came on board July 5, 2006. We had begun to address the many issues as a result of the Auditor General's audit, as well as our independent audit. We put things into place. I feel that we're on the road to making things happen within the community. We're working very closely with all the departments from the City Manager's Office, Community Development, Capital Improvement, the Clerk's Office, and we look forward to implementing the changes and working with the community and our Commissioner to ensure that development does occur. We're working with all of the developers in the area. We're addressing their issues. City ofMiami Page 34 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 More housing is coming on board. More people are looking to come to the area, and we look forward to leveraging and working with strategic partners around, addressing the issues of jobs for people, housing, home ownership, as well as rental. Our objectives is to work with everyone, addressing the technical issues, as well as the community issues, so thank you so very much for the opportunity, and I look -- continue to serve you. Chairman Gonzalez: Thank you. All right. That concludes the public hearing. Commissioner Jones [sic]. Commissioner Spence -Jones: Thank -- first of all, I wanted to thank those that came out from the Liberty City areas and supporters of the ordinance. It has been a very tough road frying to put things in order and in place, and we've had many battles on this ordinance, and what was the right thing to do for the citizens of the Liberty City area, and I feel pretty comfortable in at least making sure that the process was transparent for the folks that live in the Liberty City area. That was really important to me. I wanted to make sure that, you know, whether or not agreed with everything that the individuals brought to the table, I allowed them to have a voice or an opinion or their input in the process, so what wanted to at least be able to do is at least afford them the opportunity to communicate their feelings on the item. I have may -- given you the comparisons from the Liberty City Trust to the new -- I mean, to the -- from the Model City Trust to the Liberty City Trust, and really, Mr. Chairman, one of the things -- I know that you have not had the opportunity and all of the board members have not had the opportunity to really go through the new revisions, but would ask that -- I would like to afford you the opportunity to do that, and maybe perhaps we can bring it back before, you know, the evening's over regarding it, butl would like to have your opinion about the item because I think that my residents and the folks that came out should hear some of your concerns, so at least they -- we can perhaps address them by way of the City Attorney, so can I at least have the Commissioners at least -- Chairman Gonzalez: Commissioner Regalado, do you have any comments on the -- on this item? Commissioner Regalado: Well, I think what had been presented here is a logical thing to do. I think that the Trust has gone through difficult times, and you know, I, too, commend Commissioner Spence -Jones for looking and facing problems head on and offering solutions, and if we have to change the rules so things could work, I'm all for it. You know, there is a saying, "if it ain't broken, why fix it," but this was broken and it needed to be fixed, so I -- Commissioner Spence -Jones: Thank you, Commiss -- Commissioner Regalado: -- support that. Commissioner Spence -Jones: Thank you, Commissioner Regalado. Chairman Gonzalez: Thank you. Commissioner -- Commissioner Spence -Jones: Commissioner Haskins. Chairman Gonzalez: -- Haskins. Commissioner Haskins: I'd like to review the revisions and comment later. Commissioner Spence -Jones: OK, but do want to say this, though. Commissioner Haskins -- I can't see your face; if you could just sit up a bit. Commissioner Haskins actually was a board member at one time of this organization and a staffer after that handing this, and has been very - - was very supportive before she came to the Commissioner [sic] on changes that needed to take - - occur -- take place regarding this, the Trust, and I want to at least officially acknowledge City ofMiami Page 35 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Commissioner Haskins for her input on this issue, because she's been talking about this for a very, very long time and has been a very strong supporter of housing happening in the area, but just frying to make sure the Trust was on the right track, so I just wanted to at least commend you for your input prior to you becoming a Commissioner on this whole Model City Trust. Commissioner Haskins: I was a charter member of the Model City Trust board and it was -- when it started out, it started out as a quarter square mile area where we were going to focus on redevelopment as -- of a small area in Model City, so as to provide the seeds to -- for more development. It was a -- the original conception was a great project, and it had very lofty goals that really believed in and believe in to this day. Things went really out of whack over the years. I have to take exception a little bit to the comments that 'Marva's hands were tied" The original concept was to build housing and to fix streets. It got out of control in a number of ways. It got out of control when we were going to take $19 million, in 2001, dollars to bury utilities. Given my choice, I would rather have housing built than worry about the utilities being buried, because in all of these things, there are tough choices. I expressed my concern as a board member on that. The original concept was not that the Model City board would be buying land on its own. We tried to come up to any number of solutions to get the project kick-started, but it -- every time you turned around, it got bigger and bigger and bigger and less and less affordable, and I think what happens when, you know, you have lofty ideas, but not the dollars to go with it, things get -- things don't get done because there's always that push and pull of what do we do first and what do we do second, so when this whole concept grew so dramatically, I think we lost focus on what we -- what our original mission was, and our original mission was to take that area from 13th Avenue to 17th Avenue, and from 54th Street to MLK (Martin Luther King) Boulevard and concenfrated on wonderful redevelopment effort, and from 58th to MLK Boulevard, it was going to be new housing, and from 58th south to 54th, it was going to be single-family rehab, because when you drive that area -- and I know it like the back of my hand because I spent many, many hours up there, and Leroy knows. I've known Leroy through this and -- but -- Roy -- Commissioner Spence -Jones: Roy. Commissioner Haskins: -- you know, and there's significant home ownership -- some of the prettiest architecture you're going to see anywhere in Dade County, but we have people on fixed incomes; they've had the property for years and can't afford to rehabilitate it, so in anything that I do with respect to this, I would always like to see us go back to that original concept. I agree that a lot of problems have been created from government over the years. When I look at Overtown andl see the expressways cutting through it and the ramps cutting through it, it just really makes me sick. In fact, I got another proposal this week, you know -- this past week. They want to do this ramp again, and I said, there's nothing I'm going to do to ever support that. The closing of the exit from I-95 on 54th Street makes no sense because what FDOT (Florida Department of Transportation) did then was force truck traffic down MLK Boulevard, which was a residential street. It's just shameful what's happened, but we need to have a really concenfrated approach to this, and we need to have not small ideas; still lofty ideas, but lofty ideas that we can match our financial resources with the product that we want to see, and my fear is that we keep going down this -- we keep going down the pike of not concentrating on what can we do today, always keeping sight in what you want to do in the future, but what did we can do today and do it effectively? So my term on the Model City Trust board ended when I spoke my mind, and as everybody who's -- knows me, I'm not necessarily afraid of speaking my mind when I don't agree with things, but it was always a -- disagreeing on an agreeable basis, and what I'd really like to see is an effort -- and Elaine, I think you've -- Elaine, you're a wonderful woman. You've done a great job with this -- what I'd really like to see is coming back to -- let's look at our mission and let's address our housing issue, and let's do it in such a way that we are really revitalizing the neighborhood, and that we really are addressing the needs -- we've ruined our businesses through this process of not getting houses built. I mean, our businesses on MLK Boulevard, whether it's the -- a convenient store, or the fruit -- the produce market are dying. City ofMiami Page 36 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 We've taken a lot of people -- lot of population out of that area, so I'd really like to see a real concentrated effort on getting the right thing done, less of a concenfration on things like parking lots and more in housing -- amen, right? -- less of a concenfration on, you know, let's get this land transferred so that it can be titled in Model City before it, you know -- the Model City Trust before it's built, rather than let's just -- Commissioner Spence -Jones: Build. Commissioner Haskins: -- build, OK, and you know, let's build houses that people want to live in as well. I think that there's some incredible successes in the single-family homes that have been built. I think we need to do a lot more in multifamily, and I would really like to see this move forward more in line with the original intentions. Commissioner Spence -Jones: Thank you so much, Commissioner Haskins. Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: Yes, Vice Chairman Sanchez. Vice Chairman Sanchez: I think one thing that makes us better human beings is that we learn from our mistakes. You know, it's those who fall off a horse that get back on that horse; those who are able to recover from having problems with drugs, those who have lost a loved one and are able to get back on their feet as quickly as possible, I think that's what makes us, at the end of the day, better human beings and better leaders. I don't like to relive the sins of the past, and Model City did have a lot of its problems. I think the one thing that we could agree on that the quicker that we cut the umbilical cord from Model City and start anew, the better off that we will not only lead, but serve our people and our community. Model City, since day one, was doomed to fail, folks, and when I say that, I say it because we put the cart in front of the horse. We build a building without having plans looked at by professional people. We are able to find cure for diseases and the only way we're able to do it is with the proper resources and researches that we do, so we have learned from the past, let there be a new day in Model City. The one thing that do ask is thatl do not want to see, at the end of the day, egg on the face of the district Commissioner, and the only thing that ask is that we do it right; that we are prudent in this matter; that we are able to do it right, because ifI could remember Model City when it first started, I think we amended it like -- ten times it was in front of this Commission amending it because we were building as we went along, and things don't work that way. You can't build as you go along. We need to have a plan of action, what's our mission, what's our scope, what's our goal to accomplish it? I do think that the proper thing to do today is to discuss the item. Let's be prudent about it. Let's make sure that we have all our is crossed and our is dotted so when we do present this ordinance on second reading, we're able to pass it and then, at the end of the day when we look back, if there's anyone to fail -- that has failed, that has been us failing the people, because I say it. Government at times is not the solution, folks. Government is the problem, and government cannot do it by itself. We need to work together to make things happen. The one thing that do like is that we're seeing new people involved; you're changing the way to make sure that we don't create the problems that we had in the past, and we're able to provide for those that are less needy than a lot of people in this community, so I look forward to making sure that we're able to approve this, but I'll tell you this much. I'm going to make sure that, at the end of the day, the person who does not get her name mentioned in the paper, the person who is not looked upon or a finger is pointed at and said "it was your fault," is going to be this young lady who's here, who her heart is in the right place to make sure this works. I'm going to work with her. I'm going to work with the Commission. I'm going to work with the City Attorney, the Mayor, the Administration, to make sure that we do it right this time, and the next time that we're here, we'll be able to have positive things to say about this and not as it was in the past, where every time that we met in front of this Commissioner [sic], with a drop of tear in my eye, I had to criticize people and I don't want to do that again, so I'll just -- I'm glad that City ofMiami Page 37 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 we're discussing this item, and it's going to come back when it is properly put together, so thank you so much. Mr. Chair. Commissioner Spence -Jones: Thank you. Chairman Gonzalez: All right. Commissioner Spence -Jones: I just want to say, Mr. Chair, I thank you so much for allowing everyone to speak, and I want to thank my colleagues for allowing us to at least go through this item. I am going to ask the City Attorney to go through it -- not now, just do it -- I'm going to ask for the -- my colleagues to at least provide you with any of their issues or concerns with the item, and I'll be prepared to bring it back to you before the evening's over. Chairman Gonzalez: All right, so let's table this item until this afternoon. If that's the right procedure, Mr. City Attorney? Mr. Fernandez: Correct. Chairman Gonzalez: Thank you, sir. "[Later...]" Commissioner Spence -Jones: Thank you, Mr. -- Chairman Gonzalez: So we had a discussion this morning. Commissioner Spence -Jones: Yes. Vice Chairman Sanchez: He's the Chair. He is the Chair. Chairman Gonzalez: We had a presentation. We had a discussion. We had everything. All you needed to do was to move the ordinance and have a second and -- Commissioner Spence -Jones: Yes. I just wanted to tell everyone thanks for your patience and understanding on this issue. As you can see, we made some serious changes to build the confidence level in the Trust. As you know, my biggest issue about this whole thing is, ultimately, I'm responsible anyway, whether or not the Trust remains what it is or becomes something else. If anything happens with the Trust, I'm going to be responsible. I'd rather be responsible for something that I have the ability to have some input on, and I think that we have made those necessary changes, and you should have received a copy on that, so I ask, at this time, that my fellow colleagues support me in this item. Vice Chairman Sanchez: Mr. Chairman, I would second the item. I have been briefed with the changes. I am comfortable with the changes. I had my staff sit down with the attorneys, and at this time, I am comfortable with it, so I would gladly support it. Chairman Gonzalez: All right. We have a motion and we have a second. It's an ordinance, Mr. -- and we had a public hearing this morning, so all we need to do now is just vote, so Mr. City Attorney, would you please read the ordinance? Thank you, sir. Mr. Fernandez: Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. City ofMiami Page 38 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Priscilla A. Thompson (City Clerk): Before we do the roll call, I did receive a -- was this a modification or a sub --? Mr. Fernandez: Yes. Chairman Gonzalez: Modified -- Mr. Fernandez: This -- Chairman Gonzalez: -- yes, ma'am. Mr. Fernandez: -- the one that was distributed late this afternoon that was just given to you, Madam Clerk, that's what the Commission is voting on. Ms. Thompson: Thank you. Chairman Gonzalez: Yes, ma'am. Ms. Thompson: Roll call. Chairman Gonzalez: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. City ofMiami Page 39 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 ORDINANCE - EMERGENCY EM.1 06-01660 ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, PROVIDING FOR THE WAIVER OF THE BUILDING PERMIT TRANSFER FEE, FOR A ONE-YEAR PERIOD BY THE BUILDING DIRECTOR UNDER CERTAIN CONDITIONS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-01660 Legislation.pdf 06-01660 Summary Form.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Haskins, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez 12836 Chairman Gonzalez: All right. Let's move to FM. Hector Lima (Director, Building): Good morning. Hector -- Chairman Gonzalez: Good morning. Mr. Lima: -- Lima, director of the Building Department. The Administration feels that we need to pass this ordinance so that we can alleviate the homeowners that have suffered from the unlicensed contractors that -- Chairman Gonzalez: That's right. Mr. Lima: -- unfortunately, obtained licenses from the County. Vice Chairman Sanchez: So moved. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion and we have a second. It's an ordinance. Yes, it is an ordinance. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Where --? Chairman Gonzalez: I'm sorry. This is a public hearing. Anyone from the public wants to address this item, please come forward. Seeing none, hearing none, the public hearing is closed. Mr. -- Commissioner Regalado: No. Chairman Gonzalez: -- City Attorney. Commissioner Regalado: Discussion. Yes, Mr. Chairman, ifI -- Chairman Gonzalez: Yes, Commissioner Regalado. City ofMiami Page 40 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Commissioner Regalado: Question. Hector, on -- do we know how many people are affected -- we know that at least 3,000 homes throughout the County, but do we know in the City ofMiami? Mr. Lima: Yes, yes we do. The -- we know there was about 270 unlicensed contractors, of which 700 permits were obtained from the City in the last two and a half years. Commissioner Regalado: Oh, my God. Mr. Lima: Half of those permits are -- have been final. They're actually inspected by our City inspectors, so the work was done properly. It's just a matter of transferring the permits, and still there's 364 that are active that are being transferred to new contractors. Commissioner Regalado: OK, but these people understand that the County has a sum of money that can help them in trying to repermit, if they need to. I mean, that -- if they have to pay to the City, the County has to cover the cost on these people. Mr. Lima: That makes sense, and -- Commissioner Regalado: No. Mr. Lima: -- I think -- Commissioner Regalado: No. It -- Mr. Lima: -- that's what the County wants to do, yes. Commissioner Regalado: No, it doesn't make sense. It's a law. I mean, the County has a reserve -- some of the money that they seize, plus -- and they say that anyone -- but my fear is that you need to call 311, which is the County and the City -- Mr. Lima: Right. Commissioner Regalado: -- but they are -- when you call on this issue, they are diverted to the County Building Department, not to the City Building Department. Vice Chairman Sanchez: Have we notified -- Chairman Gonzalez: We were ready to vote on it -- Mr. Lima: They're diverted to the County Code compliance office -- Commissioner Regalado: Right -- Mr. Lima: -- and there they file a complaint against the contractor. We are advising everyone that's doing the change -- the transfer to do that so that they will be somehow on that list. Commissioner Regalado: -- but -- Mr. Lima: Yes. Commissioner Regalado: -- there's a second part to it. Any cost that these people may incur with the City -- Vice Chairman Sanchez: It's being waived. City ofMiami Page 41 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Commissioner Regalado: -- with your department has to be paid by the County. The County has a sum of money ready to do that. Do you know, Mr. Manager? Chairman Gonzalez: All right. Pedro G. Hernandez (City Manager): Yes. The item -- Chairman Gonzalez: Well -- Mr. Hernandez: -- that we have really before us today only deals with projects that were completed, inspected, and accepted, and all we're doing is just the transfer from the unlicensed, illegal contractor to the owner. The other ones that think are the ones you're referring to where work is underway, and they have to do a fransfer to another confractor, that may result in additional expenses, and you're right, that the County has taken action to provide some sort of relieffor those individuals. Commissioner Regalado: No. I'm just saying -- I understand what this is, but I'm just saying that since we have so many open permits -- Mr. Hernandez: The open permits, you're right. Commissioner Regalado: -- you know, we should advise these people that there is money for them to pay the permits -- a new permits that they need to pay because they're going to have to pay new permits. Mr. Lima: The only cost for transferring a permit is $78. Commissioner Regalado: Well. Mr. Lima: That's what they will be paying, and yes, we are notifying everyone that does the change to put in a complaint with the County with regards to contractors. Vice Chairman Sanchez: But who pays the $78? Mr. Lima: The ultimate responsible party is the owner. This ordinance, on final permits, would alleviate that from them. On active permits, it could be the contractors who know that they've hired the wrong people; they will pay for that, and then like Commissioner Regalado said, if they file a complaint in the County -- with the County, then they should be able to get reimbursed. Vice Chairman Sanchez: The County is notifying them. I believe we are, too. We're notifying -- Mr. Lima: We -- Vice Chairman Sanchez: -- everybody. Mr. Lima: -- are notifying them. The County has created a common law for all the municipalities, and then it put the burden on the City, and we have notified them all, yes. Vice Chairman Sanchez: Let me ask you something. Why are they being penalized when they're the victims? Mr. Lima: Well, they're not being penalized. The law is the law, and you cannot have a permit issued to an unlicensed confractor, so the only thing that the municipalities can do is fransfer the permits to the right people. When they're final, the common thing to do is to transfer it to the owner. When they're active, they have to be transferred to another contractor or to the owner, if City ofMiami Page 42 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 the owner is qualified. Vice Chairman Sanchez: OK. I think the concern that Commissioner Regalado has, and I believe we all do, is to make sure that we do have the proper mechanism in place to let them know that this exist, because right now they get the letter, does the letter clearly say that they could contact either the City or the County providing information? Mr. Lima: Yes. Every single homeowner on those permits was notified, via a letter from the City with all the instructions, et cetera, yes. Vice Chairman Sanchez: Thank you. All right. I believe there's a motion. Madam Clerk, there's a motion. Mr. Fernandez: And it's an ordinance. Vice Chairman Sanchez: It's a -- but -- I just -- for the record, is there a motion and a second? Priscilla A. Thompson (City Clerk): Yes, there is. I'm sorry. I'm just trying to make sure -- we did have someone sign up to speak, and I didn't want -- Vice Chairman Sanchez: Oh, I'm sorry, ma'am. Please. I apologize. It's an ordinance and it's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Before we go to the public hearing, Madam Clerk, could you state for the record who made the motion and second it? Ms. Thompson: The motion was made by Commissioner Sanchez -- Vice Chairman Sanchez: Right. Ms. Thompson: -- Vice Chairman Sanchez, and seconded by Commissioner Spence -Jones -- Vice Chairman Sanchez: All right. Ma'am. Ms. Thompson: -- and it is an emergency ordinance, so we'll have two votes. Vice Chairman Sanchez: Yes, ma'am. Ma'am, you're recognized for the record. Vera Everett: Yes. Vice Chairman Sanchez: Good morning. Ms. Everett: Good morning. My name is Ms. Vera Everett, and I'm a major property owner -- Commissioner Spence -Jones: Pull your mike down. Ms. Everett: My name is Ms. Vera Everett, and I think everybody knows me. I formally was a employee here, and I'm a homeowner here in Coconut Grove and many other areas. I think you know me from the Perrine area incident. I have come before time and time again to let you all know the terrorism and the government take-overs here. That should not be done. It cannot take over private property by the government with threats. Me and my children are being injured. We are pushed to homelessness, and we want our properties back here in Dade County. We want our vouchers back. We want our shipyards back, and all of these ordinances are regarding me and my children. We want our freedom and our civil rights and human rights here, and stop this terrorism. Clinton gave a good -- a speech today, and this Bush Administration -- I'm not here as (UNINTELLIGIBLE) and all of these issues that have been going in the paper. My name City ofMiami Page 43 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 is Ms. Vera Everett, and the white collar and all of that needs to go underground and stuff. Mr. Manuel Diaz, formally Mr. Carollo; this is far back as it goes, so I want my own -- my properties and vouchers there -- Vice Chairman Sanchez: All right. Thank you, ma'am. Ms. Everett: -- and my children. Vice Chairman Sanchez: Thank you. Ms. Everett: OK, and protection, and we want to go home. Vice Chairman Sanchez: OK. All right. Anyone else speaking on this item? If not, let the record reflect that the public hearing is closed. There is a motion and a second. It's an ordinance requiring two readings. Mr. City Attorney, read the ordinance into the record, followed by a roll call. Ms. Thompson: One reading, two votes. Vice Chairman Sanchez: One reading, two votes. Mr. Fernandez: And it requires a four fifth. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Sanchez: All right. Madam Clerk, roll call. Ms. Thompson: Roll call. Vice Chairman Sanchez: Two roll calls. Roll calls were taken, the results of which are stated above. Ms. Thompson: The ordinance has been adopted as an emergency measure, 4/0. City ofMiami Page 44 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 DISCUSSION ITEM DI.1 06-01658 DISCUSSION ITEM Civilian DISCUSSION CONCERNING A PRESENTATION BY THE CIVILIAN Investigative Panel INVESTIGATIVE PANEL REGARDING ITS FINDINGS AND RECOMMENDATIONS ARISING FROM AN INVESTIGATION INTO THE MIAMI POLICE DEPARTMENT'S PREPARATION FOR AND RESPONSE TO DEMONSTRATIONS DURING THE FREE TRADE AREA OF THE AMERICAS (FTAA) SUMMIT HELD IN MIAMI IN NOVEMBER 2003. 06-01658 Cover Memo.pdf 06-01658 Memo.pdf DEFERRED City ofMiami Page 45 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 PART B PZ.1 06-00839v RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING A VARIANCE FROM 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 REAR YARD SETBACK OF 3'6" WHERE 20'0" IS REQUIRED, AND TO ALLOW A SIDE YARD SETBACK OF 4'9" WHERE 5'0" IS REQUIRED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 5853 SOUTHWEST 5TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." Votes: 06-00839v Analysis.pdf 06-00839v Zoning Map.pdf 06-00839vAerial Map.pdf 06-00839v Application & Supporting Docs.pdf 06-00839v Plans.pdf 06-00839v ZB Fact Sheet.pdf 06-00839v ZB Appeal Letter.PDF 06-00839v ZB Reso.PDF 06-00839v Code Enforcement Findings. pdf 06-00839v Application Page 4 Replacement.PDF 06-00839v Legislation (Version 3).pdf 06-00839v Exhibit A.pdf 06-00839v Legislation (Version 4).pdf 06-00839v Exhibit A.pdf 06-00839v CC Fact Sheet.pdf Motion by Commissioner Regalado, seconded by Commissioner Haskins, that this matter be ADOPTED PASSED by the following vote. Ayes: 4 - Commissioner Gonzalez, Haskins, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0562 Vice Chairman Sanchez: Let's go to PZ (Planning & Zoning). Let's swear everyone in. Mr. City Attorney -- Jorge L. Fernandez (City Attorney): Yes. Vice Chairman Sanchez: -- on PZ. We're moving to PZ, so we're going -- Mr. Fernandez: Yes. Vice Chairman Sanchez: -- to go ahead and swear everybody in -- Mr. Fernandez: Correct. Vice Chairman Sanchez: -- then we'll start. Madam Clerk, all those that'll be testifying in front of any of the PZ items that are on the order of the day, please stand up to be sworn in by our City Clerk. City ofMiami Page 46 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Priscilla A. Thompson (City Clerk): Thank you. Vice Chairman Sanchez: So help you God. All right. We go to PZ.1. The Administration is here. It's on a variance. It's an appeal. Roberto Lavernia (Chief of Land Development): For the record, Roberto Lavernia, with the Planning Department. PZ.1 is an appeal for a variance. The Department recommend denial and the Zoning Board recommend denial, and this is appeal for the owner of the property. Originally, the variance was for setback -- side setback and rear setback. Thank you. Vice Chairman Sanchez: All right. This is PZ. Anyone -- any -- who's the -- the appellant? Commissioner Regalado: Mr. -- Vice Chairman Sanchez: Please step forward. Mr. Regalado, you're recognized. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you very much. Before all this started, I was able to speak to the lady and see the place, and what you are listening here is a difference of three inches, a toolshed. A very alert City inspector saw a toolshed and went to the rule -- with a ruler and measure the distance and it found three inches off so the person was cited and was told to demolish. The person wasn't told that she could seek a variance. It was a very emotional thing for that person and that family because the toolshed had been built with permits for the husband that passed away, and it was very difficult to demolish, and finally, she was told that she could go through the process and started the whole thing to keep the toolshed that could have been demolished. It's just a -- sort of a sentimental thing, and it went through the system; somehow the Zoning Board deny it; somehow it came here, it came before the City Commission, and it's interesting because we have so many illegal units throughout the City ofMiami. We have people living in a residential house and occupying ten and fifteen parking spaces around the area, and yet, we focus on three inches that this toolshed had from the abutting neighbor. I think -- I am ready to move to accept the appeal of this item, Ms. Angelina Gonzales, the owner of the house, and -- 5853 Southwest 5th Street, and also it's interesting because the people need to understand. If you read the PZ item as it's written -- and I would read it to you -- a resolution of the Miami City Commission, with attachment, denying or granting the appeal, affirming or reversing the decision of the Zoning Board, thereby denying or granting variances from ordinance number 110000 [sic], as amended, the Zoning Ordinance of the City ofMiami, schedule of district regulations, to allow a reduction of the required rear yard, required 20, proposed 3.6, waived 6.6, and to allow a reduction of the side yard, required 5, proposed 4.9, waive 0.3 for the property located at so and so address. Whoever read this says, oh, my God, that's a crime. There's something wrong with that, and it says here, the approval of this appeal would allow the existing addition to a single-family resident [sic] with fewer setbacks than required. You would think, wow, the City Commission is approving an illegal unit, and what we're doing is letting a widow that lives alone to have a toolshed built by her late husband. I think that somehow the County has it. Somehow the Zoning director should have more latitude to work on this thing and make decisions on this thing of this magnitude. We're talking three inches, three inches from what is required to where it is, and mind you, all the residents are in agreement, so maybe, if we can place a flag in that -- or a big banner, an illegal banner, like the one the Herald is going to place -- pay by the County in November. I have the press release. Later on, I will tell you about it. -- illegal banner that says, "Here, the City did the ultimate battle for quality of life, three inches, " so I'm -- Mr. Chairman, I'm moving to accept the appeal ofMs. Angelina Gonzales. City ofMiami Page 47 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Mr. Fernandez: The proper motion would be to grant the appeal. Chairman Gonzalez: To grant the appeal. Commissioner Regalado: OK, to grant the appeal. Commissioner Haskins: Move -- Chairman Gonzalez: OK. We have a motion. Do I hear a second? Commissioner Haskins: I'll second, and I'd like to make a comment. Chairman Gonzalez: OK. We have a motion and we have a second. Discussion. You're recognized, Commissioner -- Commissioner Haskins: You know, we have -- Chairman Gonzalez: -- Haskins. Commissioner Haskins: -- this issue that's over three inches, and I wish, in my district, we had as diligent a process, because I've got ongoing e-mails on construction on Gifford, where we have a height limitation of 25 feet and the buildings are 37 feet. There's a third -- a third -story observation deck has been added and there was no variance asked for, and the setbacks are also not being met, so -- Commissioner Regalado: We're going to send you the guy with the same ruler. Commissioner Haskins: I'd like to know his name, OK. 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. Unidentified Speaker: OK. Thank you -- Chairman Gonzalez: Gracias. Unidentified Speaker: -- very much. Gracias. Unidentified Speaker: Thank you. Thank you very much. PZ.2 06-00616v RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING VARIANCES FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A SIDE YARD SETBACK OF 3'8" WHERE 5'0" IS REQUIRED AND TO ALLOW A REAR YARD SETBACK OF 2'3" WHERE 14'0" IS REQUIRED, AFTER APPLYING AN ALLEY CREDIT OF 6'0", FOR THE PROPERTY LOCATED AT APPROXIMATELY 2150 SOUTHWEST 17TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN City of Miami Page 48 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 "EXHIBIT A." 06-00616v Analysis.pdf 06-00616v Zoning Map.pdf 06-00616vAerial Map.pdf 06-00616v Application & Supporting Docs.pdf 06-00616v Plans.pdf 06-00616v ZB Fact Sheet.pdf 06-00616v ZB Reso.pdf 06-00616v ZB Appeal Letter.pdf 06-00616v Code Enforcement Findings.pdf 06-00616v Application Page 4 Replacement. pdf 06-00616v Legislation (Version 3).pdf 06-00616v Exhibit A.pdf 06-00616v Legislation (Version 4).pdf 06-00616v Exhibit A.pdf 06-00616v CC FR Fact Sheet.pdf Motion by Commissioner Regalado, 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-06-0563 Direction by Chairman Gonzalez to the City Attorney and the City Administration to provide the City Commission with an analysis of existing ordinances and standards, and provide viable options to solve discrepancies involving these ordinance standards. Chairman Gonzalez: PZ.2. Roberto Lavernia (Chief of Land Development, Planning): PZ.2 is an appeal of a variance also. The Planning Department recommend denial for no hardship and the Zoning Board recommending denial. Thank you. Commissioner Regalado: Could you explain just what are we dealing here with exactly? Mr. Lavernia: Well, it's a variance -- Commissioner Regalado: Is it -- Mr. Lavernia: -- for site -- Commissioner Regalado: -- an illegal unit? Mr. Lavernia: The variance was for side setback, request of waive one foot, four inches, and rear setback, request to waive eleven feet and nine inches. That was the item. Commissioner Regalado: OK, so it's one feet [sic] and nine -- Mr. Lavernia: One feet [sic] four and eleven feet. Commissioner Regalado: OK, and -- but I'm think -- I'm talking about the structure. Is it an illegal unit or is it -- City ofMiami Page 49 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Mr. Lavernia: I don't have that in my record, what -- it was illegal units. Commissioner Regalado: So how do we know? Mr. Lavernia: The Hearing Boards Office is going to see if there's a report for illegal units in the -- in that address. Teresita Fernandez (Executive Secretary): Teresita Fernandez, Hearing Boards. The Zoning Board has a policy that we do not schedule any items with any illegal units violation or any other type of violations in front of them, unless that -- unless the violation will be resolved by the variance, so in this particular case, when the case was scheduled, there were no violations. Chairman Gonzalez: So you mean there is no illegal units here? Ms. Fernandez: No illegal units. Commissioner Regalado: So -- Ms. Fernandez: Illegal construction, but not -- Chairman Gonzalez: Or illegal -- Ms. Fernandez: -- illegal units. Chairman Gonzalez: -- construction (UNINTELLIGIBLE). Commissioner Regalado: So what -- do we know what is this? I mean, is it another toolshed or is it like, I don't know, a --? Chairman Gonzalez: How did they encroach on the setbacks? Commissioner Regalado: Yes. Unidentified Speaker: Right. Commissioner Regalado: How the -- is it the extension of the house or is it -- I don't know -- a hotel, restaurant? Ms. Fernandez: It -- as far as our records is concerned, it's a single-family structure. Chairman Gonzalez: Yeah, we know that, but what we're frying to find out, there is an encroachment problem here on the setback, correct? Mr. Lavernia: Correct. For illegal -- Chairman Gonzalez: How did the encroachment came about? Did they build an addition to the house? Did they build a porch? Did they build a garage? Mr. Lavernia: There is -- Chairman Gonzalez: How did they encroach? Mr. Lavernia: -- illegal construction we included into the setback, yes. Chairman Gonzalez: OK, so there is an illegal construction? City ofMiami Page 50 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Mr. Lavernia: Yes. Commissioner Regalado: OK, so -- Mr. Lavernia: Regala -- Commissioner Regalado question is, it was an illegal unit on that construction, and that's something that the applicant should -- Commissioner Regalado: So -- Mr. Lavernia: -- tell you the history about the -- Commissioner Regalado: Are you here for --? Denise Francis: Yes, 2150 Southwest 17 Street. Commissioner Regalado: OK. What is going on there? I mean, I don't -- Commissioner Spence -Jones: What's your name? Priscilla A. Thompson (City Clerk): I -- Chairman Gonzalez: Your name and -- Ms. Thompson: -- need -- Chairman Gonzalez: -- address for the record, please. Mr. Francis: Denise Francis. OK I bought the house. All of sudden, after two month, I found a paper from the City on the house, so we came over here to find out what happened. They said there is something in the back of the house, and that's it. They said first there is illegal unit. They went; they check; everything is fine, so this is what's happen. Jorge L. Fernandez (City Attorney): Mr. -- Commissioner Regalado: So what is it, it's like part of your house? Mr. Francis: Yeah, yeah. This is -- I bought the house like this, and the -- after two months, they put me there as violation, and the house is built in 1924, something like this. It's old house. Commissioner Regalado: Oh. Mr. Fernandez: I -- Mr. Chairman, I can't hear. He bought the house or he built the house? Commissioner Regalado: No. He bought -- Chairman Gonzalez: No. Commissioner Spence -Jones: Bought. Commissioner Regalado: -- the house. Mr. Francis: I bought. Mr. Fernandez: Oh. City ofMiami Page 51 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Commissioner Regalado: The house was built in 1924, and he bought the house. Two month after, he says he gets a letter -- Mr. Fernandez: Correct. Commissioner Regalado: -- from the City that he has something illegal. He invited the inspectors. They thought that there was an illegal unit, and the inspectors went there and found no illegal units. It's just apparently part of the house. That's what -- Mr. Fernandez: Correct. Commissioner Regalado: -- I'm frying to find out. I don't understand. Chairman Gonzalez: We have Mariano de Mola [sic] here, who is the director of Code Enforcement; maybe he can enlight us on -- Mariano Loret de Mola: Yeah. Chairman Gonzalez: -- what's going on here. Mr. Loret de Mola: Loret de Mola, Code Enforcement director. The -- this property was cited for two violations, illegal unit, which they corrected. They fix the problem with illegal unit. They had another violation, which they had not corrected, which is work without per -- finalized permit. Commissioner Regalado: Well, I still don't understand. OK. Chairman Gonzalez: Now -- Commissioner Regalado: I -- Chairman Gonzalez: -- I'm more confused. Commissioner Regalado: Now you just made it more complicated because -- OK. Mr. Loret de Mola: I'll explain it to you, Commissioner. Commissioner Regalado: No, no, no, no. Mr. Loret de Mola: All right. Commissioner Regalado: Let me just say this. This guy bought the house, right, and apparently, the house did had an illegal unit, so I guess that when he move in -- I'm guessing -- he evicted the people there and you said that he fix. How he fix it, I don't know. I guess he took out the door or -- Loret de Mola: Let me explain -- can I explain it to you, Commissioner? If you got an illegal unit and you evicted the person living over there, that's the first requirement. The second requirement is you probably has a -- you had to fix -- if they got plumbing, you had to seal the plumbing. If they got, what you call it, the -- a rack with -- Commissioner Regalado: So he did that? Mr. Loret de Mola: Yeah, he did all of that, and so he comply with that, so the illegal unit City ofMiami Page 52 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 problem was corrected, all right. Commissioner Regalado: OK, so I just want to ask you a question. I just want to ask you a question. Just to see, you know -- think about good faith and bad faith. The -- when you bought the house, did you rent to people or you bought it --? Mr. Francis: I bought the house as it is, and the -- and I saw that violation after two month -- Commissioner Regalado: Yeah -- Mr. Francis: -- and -- Commissioner Regalado: -- but what I'm saying is -- Mr. Francis: We don't -- I don't do any work at all. Commissioner Regalado: No. I -- Mr. Francis: I -- Commissioner Regalado: -- what I'm saying is you didn't rent part of the house to people. Mr. Francis: No, no. Commissioner Regalado: You live there. Mr. Francis: Yeah. Commissioner Regalado: OK, so he comply when -- apparently, the old owner had an illegal unit. Now -- Mr. Loret de Mola: Has to be. Commissioner Regalado: -- the second part. Work -- Mr. Loret de Mola: He has probably a sink. He probably have a sink in your place, and that illegal has a sink, so you will have to remove the sink. You'll have to cap the plumbing, the -- Commissioner Regalado: Well -- so is this about a sink or? Mr. Loret de Mola: That's part of the illegal unit. If you have a sink, that's -- Commissioner Regalado: No, no, no, no, but you said the illegal unit has been complied with, right? Mr. Loret de Mola: Yeah, that's right. Commissioner Regalado: OK, so now it's work without permits. What kind of work? Mr. Loret de Mola: That place was built probably without a permit. Chairman Gonzalez: The addition. They probably -- Mr. Loret de Mola: The addition -- City ofMiami Page 53 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Chairman Gonzalez: -- build an addition -- Mr. Loret de Mola: -- was built without a permit -- Commissioner Regalado: OK. Mr. Loret de Mola: -- as illegal addition. That's another case. Mr. Fernandez: Mr. Chairman, you know, perhaps a relevant question would be -- buyers have certain rights, and they're protected. I don't know how the transaction took place, whether he was represented by a realtor who would have made proper disclosures -- Chairman Gonzalez: Well -- Mr. Fernandez: -- but certainly the ability -- you know, caveat emptor is the phrase that's used in the Queen's English when they're frying to convey the message that the problems of the seller become the problems of the buyer, and the seller built without a permit and certainly violated the City's ordinances with regard to setbacks. That becomes the buyer's problems, and just because he bought without knowledge, you know, is no excuse, does not constitute a hardship, and that's the standard to be able to give -- what's being -- Commissioner Regalado: But -- Mr. Fernandez: -- asked here. Commissioner Regalado: -- can I -- Mr. Chairman, can I say something? Chairman Gonzalez: Yes, sir. Commissioner Regalado: Shenandoah is full of illegal units and -- Chairman Gonzalez: And Little Havana. Commissioner Regalado: Huh? Chairman Gonzalez: And Little Havana -- Commissioner Regalado: And Little Havana -- Chairman Gonzalez: -- and Flagami -- Commissioner Regalado: -- andAllapattah -- Chairman Gonzalez: -- andAllapattah -- Commissioner Regalado: -- and Flagami andAllapattah and -- Chairman Gonzalez: -- and with the increases in taxes and insurance and everything, you're going to have more illegal units. Commissioner Regalado: Right, so here's the thing. I -- Mariano Loret de Mola can tell you that me, personally, my -- one of my assistant Marrero and my office floods him with requests to go see houses with illegal units, because the illegal units create a serious problem when there are more than three or four in the whole area, and we know that for a fact. People parking and parking and parking, so here's the thing, we have a guy that spent his money and buy a house in City ofMiami Page 54 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Shenandoah where we have a prevailing problem of illegal units, and we have this person that close the illegal unit and complied with everything, and now we want to punish him for closing an illegal unit, so what happen, Mr. Zoning Director, if-- what happen if we deny the appeal? Chairman Gonzalez: He will have to demolish the sfructure. Mr. Fernandez: Yeah, he would have to demolish the structure. Commissioner Regalado: OK, he would have to demolish the sfructure. Mr. Fernandez: Or, before he does that, he can proceed legally against the sell letter, who sold him a bad house. Commissioner Regalado: I understand that, I understand that, but what I'm saying is the illegal structure -- the -- all the four feet that we're asking here or the whole illegal (UNINTELLIGIBLE)? Because the issue here is the setback. What we have here is the setback, not the whole illegal sfructure, so if he takes a hammer and a saw and cuts four feet, he's OK Chairman Gonzalez: He's OK. Commissioner Regalado: So there's still an illegal construction, but he's complying with the setback. Orlando Toledo (Senior Director, City Manager's Office): If he's using the property -- Mr. Fernandez: Your mike, your mike. Mr. Toledo: -- as he's suggested, as a single-family residence, he's fine. If he takes that hammer -- the thing is that it's not four feet. You've got to remove 11 foot from one side and -- I mean, 6 feet from the other, so it's not a matter of -- I mean, you'll be reducing a certain amount of square footage from the illegal addition, and to be able to do that, you would need to obtain a building permit to go ahead and legalize the demolition that you're doing and what is existing there without a permit. Commissioner Regalado: Well, I don't understand. What do you have to say for yourself? Mr. Francis: I don't understand either. If somebody make mistake -- I don't -- I'm not supposed to pay for his mistake. I don't know how you see it. IfI know there is any problem, I don't buy the house. Mr. Fernandez: Well -- Commissioner Regalado: It's a public hearing. Captain. Charles J. Flowers: Thank you. Charles -- Commissioner Regalado: You are an expert on this. Mr. Flowers: -- J. Flowers, 1000 Northwest North River Drive. I'm hearing some information that is not true. You have the Building director here; he should come and explain to you Commissioners what he could do to legalize the unit. It says that -- the complaint I hear is that was a finalized permit. There's ways to do that, to finalize the permit, and you have the Building director here; he should say something about that. I yield to you, sir. Hector Lima (Building Director): Would you -- City ofMiami Page 55 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Commissioner Regalado: So it -- Mr. Lima: -- like for me to explain anything, sir? Commissioner Regalado: No. It -- Chairman Gonzalez: I -- Commissioner Regalado: -- it's about a permit or it's about demolition? It's about -- Mr. Lima: The -- Commissioner Regalado: -- both? Mr. Lima: Hector Lima, Building director. When you want to comply with legalizing something that was built without permits, it could be a combination of various things. In this particular case, because they encroached on the setbacks, part of the compliance will be to bring the property where the structure end terminates to the property -- to the actual setback. In addition, they will also have to legalize whatever little area or small area that remains -- that could remain. They would also have to legalize that through the permitting process. Chairman Gonzalez: I -- Mr. Flowers: That's correct. Chairman Gonzalez: -- I'll bet you to say that the biggest problem that he's having to legalize the construction or to finalize the permit is the encroachment. If you wouldn't had the encroachment, he will probably get a final permit on the construction, so that's what really -- what's really holding him from getting the final permit is the encroachment. Commissioner Regalado: Yes. Grace Solares: Hi. My name is Grace Solares. I'm from the Roads Association. I've been listening. I wasn't here or I'm not here for this particular issue, but I'm kind of confused. If the house was built in 1924, as he said, was this house built in 1924 encroaching upon -- was the encroachment built in 1924 or was one ended -- or was that house in 1924 built to a certain amount of square feet, and some point in time by somebody, it was added onto the house? Is that what happened? Thank you. Unidentified Speaker: Yes, ma'am. Ms. Solares: Thank you. Commissioner Regalado: Apparently, what's added on to it, right? Chairman Gonzalez: Yeah. Commissioner Regalado: It was added on to it. I just -- Chairman Gonzalez: But, you know, that goes back -- Tomas, that goes back to the same thing that I've been saying long before I became a Commissioner. We had an error here of I don't know, maybe 20 years or 25 years when people started to arrive to Miami and there were -- there weren't enough housing in Miami to accommodate the thousands of particularly Cubans that were coming from Cuba, arriving to Miami; they had no place to live, and the property City ofMiami Page 56 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 owners saw the advantage of building illegal units and converting garages into apartments and subdividing houses into rooms to accommodate these people and make a profit. Back at that time, nobody in the City, no inspector in the City, no inspector in the County, nobody in the Administration wanted to hear the problem or look at the problem because they needed to solve the problem to provide housing to the people that were arriving. They couldn't had them at Bayfront Park or at the Orange Bowl or under expressway. Housing needed to be provided, so what -- which was the way -- best way to provide housing? It doesn't matter if it was legal or illegal, you know. Illegal units, so let's look the other way. Now 40 years later -- 46 or 47 years later, with, I don't know, maybe 700,000 Cubans, 200 people from Salvador, 250,000 from Nicaragua, 70, 000 from Puerto Rico, 120, 000 from Dominican Republic, leaving a lot of them in illegal units in the City ofMiami, we have decided to go out there and get rid of these illegal units, and at the same time, we're not doing anything to provide more housing -- affordable housing, OK That's a problem that we have on one hand. In a -- long time ago, I propose that we should revise the Zoning ordinance because there are areas that are R-1 that should be preserved at every cost as R-1, but there are some areas that, right now, it's duplexes, illegal units, three units, four units, five units on neighborhoods, and what are we going to do? I mean, it's fine. Yeah, we can go out there with Code Enforcement, with Building and Zoning, with, you know, the Army, the Air Force, the Navy; you know, if they're back to the river, we can bring the Navy into the river and go into the -- and move the people out, cite the owners, force -- but what are we going to do with the people? Who has the solution on how to accommodate those people? We have another serious problem that, for right now -- that we're facing right -- and we had been talking about this morning. Increases in taxes. Taxes are going bizarre. Insurance are going bizarre. There are a lot ofpeople in fix income, senior citizens, people that -- they're not on welfare; people that have work in this City for thirty -some years to have a retirement. Now they have a retirement that they can live on. They own a property. They're about to lose it because they can't afford to pay the taxes, the fees, and the insurance, and they have to go and rent a room in order to have an additional income so they can use that money to pay for their taxes and be able to preserve the home that they work for for so many years, so what are we going to do? I mean, I believe it's our duty to come up with ideas on frying to help the situation, because of these cases, you're going to have plenty of them. I mean, you know, it's very sad -- you know, whatever is illegal, is illegal, and we can't condone anything that is illegal, but let me tell you. It's sad to see the amount of people that come before this Code Enforcement Board with those cases. Hard-working people, senior citizens that have work all their lives, and right now they face $100, 000 fine from the City ofMiami because violations and, you know -- I mean, let me tell you. It's suicidal for some of these people. You see some of those elderly people here. Because young people, it's different. You know, young -- when you're young, you say, what are you going to do to me? I mean, what are you going to do to me? You're going to kill me? You're going to give me 25 years for building an illegal house, you know? Mr. Flowers: Mr. Chairman -- Commissioner Regalado: Yeah, but -- Chairman Gonzalez: You just laugh at them, but elderly people, they get afraid, they are -- they feel unprotected, they feel, you know -- Commissioner Regalado: On this case, I am really, really trouble that we could punish a person for eliminating an illegal unit -- Chairman Gonzalez: Of course. Commissioner Regalado: -- and you know, to eliminate an illegal unit is something that you need to have the will and the economic possibilities to do it, and yet, we're still punishing that person. I'm really troubled by it, and I'm really troubled by -- and you know, it may have some setbacks or it may have whatever, but the message should be clear to -- especially to those City ofMiami Page 57 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 people who are coming into our areas, especially Shenandoah and -- especially Shenandoah, where we have so many illegal unit, and cleaning up their act, you know. We cannot kill them with friendly fire, you know. It's -- it would be very sad because the message will be "why do it?" I mean, I -- you know, if the -- if some people will figure out that the Constitution of the United -- of the State of Florida says that if you have a homestead exemption, there's no way that they can take your home -- Unidentified Speaker: But they do. Chairman Gonzalez: That's correct, they can't. Commissioner Regalado: -- so you know, you can have $850, 000 in fines and there is no way, until you die -- Chairman Gonzalez: Exactly. Commissioner Regalado: -- that they can take away your home. These letters that the City sends -- you know, we're going to lien your property and we're going to -- you cannot be more assure by the Constitution of the state that by having -- yes, there is a loophole in the Constitution, you're going to say? Mr. Fernandez: No, there is not a loophole, but there is a very powerful tool, which is that by filing a lien against that property, you may stay there until you die, but you would be unable to do any financing, you would -- Commissioner Regalado: That's what I'm saying. Chairman Gonzalez: No. Yeah. Commissioner Regalado: That's what I'm saying -- Mr. Fernandez: So it restricts. Commissioner Regalado: -- but we're talking hereof people at the end of their years, people that are using that rent to pay insurance or maybe the medicare copayment or something like that. Of course, you have a lien and -- but what if you say, well, I'm going to die here, and -- Mr. Fernandez: You transfer the property to the subsequent owner, so just -- you know, you live, you die, and then your heirs take it and they try to sell it, they have to pay the lien. Commissioner Regalado: I understand that, but we're not talking about that. Mr. Fernandez: Oh. Commissioner Regalado: I'm talking about today, present. I understand that perfectly, but the point is that it's very difficult for me -- I mean, I cannot punish a person that is trying to do the right thing and clean an illegal unit, especially in the Shenandoah area, and -- because this is an ongoing problem. You know that the other day, in Shenandoah, we requested several times and finally we got inspector, that there was a house -- a residential house that had three -- that has -- because the process take too long -- three illegal units. Besides the living quarters, they had three illegal units. They had a shed that became a restaurant and bar. They serve liquor. They have domino tables. They have gambling. They have a roulette, and you know how many people park around -- by the way, my daughter's home in Shenandoah -- like 40 or 50 people every weekend because -- I mean, I guess the food was good. I mean, they had roasted pigs and all that, and this is the kind of people that we have to send the Army to. City ofMiami Page 58 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Chairman Gonzalez: But then when you say something like that, you know what they tell you? Commissioner Regalado: The law is the law, and everything -- Chairman Gonzalez: No, and that you are -- you want selective enforcement. Unidentified Speaker: Right. Chairman Gonzalez: That's the answer. You know, well, what you're saying, Commissioner, You're right, but that's selective enforcement. Commissioner Regalado: Well, I mean, I -- I'm just saying that we have bigger and better causes to fight -- Chairman Gonzalez: I agree with you. Commissioner Regalado: -- and -- Mr. Flowers: Commissioner, let me say something before you stop, please. Chairman, you were right in your assessment of the houses that was built, and so are you, Commissioner Regalado, but what a lot of people don't know, back in the second World War, there were a lot of houses built and extension was put on homes -- in military, back in '42, '43, asked people to build onto their homes, for the GI (Ground Infrantry), they have a place to stay. There was a order that came out. There was no permit at that -- in those days, back in 1924. There was no permit. Whatever the military said was done, and there are a lot of permits that were issued in Shenandoah and other places that you cannot find in the City ofMiami what happened to those permits. Chairman Gonzalez: Who knows? Mr. Flowers: I will tell you what happened to those permits. It's -- may be a top secret, but when your office was on 2ndAvenue, they had so many files and so many permits, they put all those permits in the garbage can to maybe to put in microfilm. They hired some janitors. When they find all those papers in the garbage can, what did they do? Just throw it in the trash, so they are missing, and there are a lot of homes in Shenandoah and other places that had permits, but you cannot prove it and neither can I -- Chairman Gonzalez: That's right. Mr. Flowers: -- but the thing is the military allowed, by order of the president, houses -- people to increase things in their home for the military to live there, many, and they still here today. Thank you. Chairman Gonzalez: You're welcome. Commissioner Regalado: Mr. Chairman, I made a motion to grant the appeal. Chairman Gonzalez: All right. We have a motion -- Commissioner Haskins: Second. Chairman Gonzalez: -- and we have a second, and before taking a vote, I agree with what you said, Mr. City Attorney. They have a legal recourse, but I don't know if Commissioner Regalado, you remember about probably three years ago, I wanted -- I introduce a resolution or an City ofMiami Page 59 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 ordinance that was voted down, or I don't even remember if it was voted down, it was -- Commissioner Regalado: No, no -- Chairman Gonzalez: -- discussed. Commissioner Regalado: -- it was approved. It's to direct the Administration to go after the aggressive violators of illegal units. Chairman Gonzalez: No. That was another one. Mr. Toledo: No, no. Chairman Gonzalez: That was another one. I'm talking about the one where I -- what I ask the - - the resolution or the ordinance was that anyone that was going to sell their homes -- Mr. Toledo: Correct, correct. Chairman Gonzalez: -- they needed to have an inspection or a certificate from the City ofMiami Mr. Toledo: Correct. Chairman Gonzalez: -- where it said that the house didn't had -- Commissioner Regalado: That's what Hialeah has. Mr. Fernandez: Like the City of Hialeah. Chairman Gonzalez: -- and I did it based on Hialeah, OK, because that would have protected this gentleman and many, many other people that buy the home having a problem, they don't realize it, and then after they own the house, they find themselves in a serious problem, where they have to spend, I don't know, another $20, 000 or $30, 000 to correct a violation, plus attorney's fees; that they have to hire an attorney to bring him here to the Code Enforcement Board and to the Planning Board and to the Zoning Board and pay $6, 000 for a variance, and you know, thousands and thousands. When I introduce that resolution or that ordinance, I think Commissioner Teele was here back then, and I think I didn't get the support on that resolution -- Commissioner Regalado: Well, you should bring it back. Chairman Gonzalez: -- so -- Commissioner Regalado: You should bring it back, because you know, we'll be doing a favor to people like him -- Chairman Gonzalez: To people that are buying and that -- Commissioner Regalado: -- and you know -- Chairman Gonzalez: -- are investing, you know. Commissioner Regalado: -- some people may be upset because, oh, no, they're going to inspect our home and we won't be able to sell it. So be it, you know -- Chairman Gonzalez: Right. City ofMiami Page 60 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Commissioner Regalado: -- because that way -- Chairman Gonzalez: Right. Unidentified Speaker: Correct. Commissioner Regalado: -- people -- Chairman Gonzalez: Right. Commissioner Regalado: -- like him would not have a problem. Chairman Gonzalez: But at least we'll be protecting, you know, innocent people that are buying properties without the knowledge of the property has a problem, and then they have to solve the problem, so saying that, we had a motion and we had a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Thank you, sir. Mr. Fernandez: Mr. Chairman. Chairman Gonzalez: Mr. City Attorney. Mr. Fernandez: Yes, and just very briefly. I want to -- the Chair and the Commission to instruct the City Attorney to come back to you with an analysis of your existing ordinance and the existing standards that you have in your ordinances; for you to consider doing something with those standards. Right now, what see happening -- and I need to speak to this because it really affects the quality of governance thatyou provide to your residents -- is thatyou have ordinances, and you're perhaps not meeting the standards of the ordinances that you have. We have case law from the Third District Court ofAppeals, and not that in these last two appeals that you granted that there would be a challenge, but I'm telling you that if any decision that you have made here this morning on these types of appeals are challenged, we would be hard-pressed to convince the court that there is, according to your own ordinance, the standard of hardship has been met. You don't have to have that standard there. You could lower your standards, and then, you know, have your dilemma solved by doing it that way, because as long as you have such very, very high standards, you're going to be setting yourself up to engage in this dilemma of the widow, of the innocent buyer, of you know, all of these things, which is not recognized in your ordinance, and so as your attorney, I need to caution you that you need to act practically, you need to act -- and so I would welcome a direction from you for us to make a presentation to you that would give you options in how you want the City to be governed so that you're not constantly putting yourself at variance or at odd with your own ordinances, so that you can continue to govern and do what you believe to be the right thing, but certainly, not continue to expose the City to legal challenges. Commissioner Regalado: But number one, the County, in their ordinance, offers the Zoning director a -- Mr. Fernandez: And that's one of the changes -- Commissioner Regalado: -- greater -- Mr. Fernandez: -- exactly -- City ofMiami Page 61 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Commissioner Regalado: -- administrative latitude -- Mr. Fernandez: -- and that's -- Commissioner Regalado: -- than the City has. In the County -- Mr. Fernandez: Correct. Commissioner Regalado: -- the three inches of the toolshed -- Mr. Fernandez: Yes. Commissioner Regalado: -- would have been solved by a stroke of a pen -- Mr. Fernandez: And we could do that, and that's one of the changes -- Commissioner Regalado: -- and this case would have been solved by a stroke of a pen. Mr. Fernandez: Exactly, and so that's one of the changes that, if you instruct us to come back to you, we will give you viable options that would eliminate your pain, because I look at your faces and you're all pained by what you have just gone through, and really puts the City on a much better -- Commissioner Regalado: And let me tell you something, do you know that this lady had to take a loan to do this process? Mr. Fernandez: You're trying to speak to my heart and you -- Commissioner Regalado: No, no, no, no. I'm frying to speak to the people to -- so the people would understand all this language translate into a nightmare for one person, you know. It's all boils down to the human factor. Mr. Fernandez: So I really, Mr. Chairman, would welcome a direction from the Chair and from the Commission to -- Chairman Gonzalez: OK. Mr. Fernandez: -- Mr. Toledo and to myself to come back to you with an analysis that gives you option to practically and realistically deal with this problem. It's a citywide problem. It's a problem that you're constantly dealing with, and the solutions that you are creatively coming up with are not necessarily always in tandem with your own regulations. Chairman Gonzalez: All right. Mr. Fernandez: You own your regulations; change them and -- Chairman Gonzalez: OK -- Mr. Fernandez: -- make it easy for everyone. Chairman Gonzalez: -- so you are instructed to please meet with Mr. Toledo, and between both of you, come up with a solution to this crisis that we have to face here. Mr. Toledo: In addition -- City ofMiami Page 62 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Chairman Gonzalez: Yes. Mr. Toledo: -- I just want to make it clear that he still needs to obtain the building permit -- Mr. Fernandez: Yes. Mr. Toledo: -- to make sure that he legalizes the construction side -- Chairman Gonzalez: Do you understand? Mr. Toledo: -- of this. Chairman Gonzalez: You understand? Your appeal has been granted, but that doesn't mean that you have to get your permit. You still have to get your permit. What happen is now, you don't have to deal with the setbacks. Now you need to get a permit for whatever was constructed there, OK? Mr. Francis: OK Chairman Gonzalez: All right, so you may follow up with the Building and Zoning Department or Zoning or whomever. There are so many departments here that -- Commissioner Regalado: Thank you. Mr. Francis: Thank you. Vice Chairman Sanchez: All right. PZ.3 06-00100 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD, THEREBY DENYING VARIANCES FROM 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 FRONT SETBACK OF 4'7" WHERE 10'0" IS REQUIRED, AND A SIDE STREET SETBACK OF 0'0" WHERE 7'6" IS REQUIRED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1800 SOUTHWEST 8TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." City ofMiami Page 63 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Votes: 06-00100 Legislation (Version 2).pdf 06-00100 Exhibit A.pdf 06-00100 Legislation (Version 3).pdf 06-00100 Exhibit A.pdf 06-00100 Zoning Board Appeal Letters.pdf 06-00100 Analysis.pdf 06-00100 Zoning Map.pdf 06-00100 Aerial Map.pdf 06-00100 ZB Reso.pdf 06-00100 ZB Transcript.pdf 06-00100 Application & Supporting Docs.pdf 06-00100 Plans.pdf 06-00100 Fact Sheet 03-23-06.pdf 06-00100 Fact Sheet 04-27-06.pdf 06-00100 E-mail.pdf 06-00100 Petition.pdf 06-00100 Photos.pdf 06-00100 Fact Sheet 09-28-06.pdf Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Haskins R-06-0564 Chairman Gonzalez: PZ.3. Vice Chairman Sanchez: PZ.3, just go ahead and put it into the record. I'm going to make a motion to deny it. Roberto Lavernia (Chief of Land Development, Planning): PZ.3 is a request for -- it's an appeal for a variance. We -- Chairman Gonzalez: All right. Mr. Lavernia: -- recommend denial, the Zoning Board recommend denial, and -- Chairman Gonzalez: Everybody recommend -- Mr. Lavernia: -- this is the appeal. Chairman Gonzalez: -- denials. Vice Chairman Sanchez: Vote to denial [sic] the appeal. Commissioner Regalado: Second. Chairman Gonzalez: OK. This is a public hearing. Anyone from the public wants to speak on this item? Seeing none, hearing none, the public hearing is closed. We have a motion to deny it and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. All right. We're City ofMiami Page 64 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 going to recess for lunch. We should be back at 2:30 -- Vice Chairman Sanchez: We're paying you by the hour anyway. Chairman Gonzalez: 2:30 or 3 o'clock? Commissioner Spence -Jones: 2:30. Chairman Gonzalez: 2:30? Commissioner Spence -Jones: Yeah. Chairman Gonzalez: 2:30. PZ.4 06-00441za RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY DISMISSING OR REMANDING AN APPEAL BY OCTAVIO ROBLES WHEREIN HE REQUESTED THAT THE 180 DAY PERIOD PROVIDED IN SECTION 2105.4.1(a) OF ORDINANCE NO. 11000 BE STRICKEN OR IN THE ALTERNATIVE BE CONSIDERABLY EXTENDED TO REFLECT A REASONABLE PERIOD IN TODAY'S PERMITTING CLIMATE. 06-00441za Legislation (Version 2).pdf 06-00441za Legislation (Version 3).pdf 06-00441za 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 06-00441za Fact Sheet 09-28-06.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 Motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and was passed unanimously, with Vice Chairman Sanchez absent, to continue Item PZ.4 to the Planning & Zoning meeting currently scheduled for December 14, 2006. Chairman Gonzalez: PZ.2. City ofMiami Page 65 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Roberto Lavernia (Chief of Land Development, Planning): Mr. Chairman, before I present that, PZ.2, the Administration want to continue item PZ.4 for three months. Chairman Gonzalez: All right. Mr. Lavernia: December PZ (Planning & Zoning) meeting. Chairman Gonzalez: All right. We need a motion to do that, Mr. City Attorney, or they -- Jorge L. Fernandez (City Attorney): Yes. Chairman Gonzalez: -- they can just --? Mr. Fernandez: To a time certain. You need a motion to defer it to the PZ meeting in December. Commissioner Spence -Jones: OK. Chairman Gonzalez: All right. You want a time certain or --? Mr. Fernandez: Well -- and by that means as soon as the item is called, but a date certain. That's what I meant. Not a time certain, a date certain. Chairman Gonzalez: Oh, date certain. All right. Mr. Fernandez: Whenever the December date is, we will then -- Chairman Gonzalez: All right. Can I have a motion to defer this item, PZ.4, to December -- to the December Planning and Zoning meeting? Commissioner Spence -Jones: So move. Commissioner Regalado: Move it. Move it. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. PZ.5 06-01065v RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY DENYING OR GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 8, SECTION 803, SUBSECTION 803.3.6, ADDITIONAL LIMITATIONS AND REQUIREMENTS, TO ALLOW A REQUIRED FRONT YARD SETBACK FOR GARAGES WITH ACCESS OPENING TO THE STREET, TO ALLOW A FRONT YARD SETBACK OF 20'0" (40'0" REQUIRED) FOR THE PROPERTY LOCATED AT APPROXIMATELY 3672 ROYAL PALM AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN "EXHIBIT A." City ofMiami Page 66 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 06-01065v Analysis.pdf 06-01065v Zoning Map.pdf 06-01065vAerial Map.pdf 06-01065v Application & Supporting Docs.pdf 06-01065v Plans.pdf 06-01065v ZB Fact Sheet.pdf 06-01065v ZB Appeal Letter.PDF 06-01065v ZB Reso.PDF 06-01065vApplication Page 4 Replacement. pdf 06-01065v Legislation (Version 3).pdf 06-01065v Exhibit A.pdf 06-01065v Legislation (Version 4).pdf 06-01065v Exhibit A.pdf 06-01065v CC Fact Sheet 09-28-06.pdf 06-01065v CC Fact Sheet 10-26-06.pdf LOCATION: Approximately 3672 Royal Palm Avenue [Commissioner Linda M. Haskins - District 2] APPELLANT(S)/APPLICANT(S): Robert P. Gonzales and Anna Oleskiewicz, Owners FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and denial of the Variance. ZONING BOARD: Made a motion to approve, which failed (due to the failure to obtain the five affirmative votes) constituting a denial to City Commission on July 24, 2006 by a vote of 4-4. PURPOSE: The approval of this appeal will allow a garage addition to a single-family residence. DEFERRED Item PZ.5 was deferred to the Planning & Zoning meeting currently scheduled for October 26, 2006. PZ.6 06-006151u1 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 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. City ofMiami Page 67 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 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 (Version 2).pdf 06-006151u1 & 06-00615zc1 Exhibit A.pdf 06-006151u1 CC FR Fact Sheet.pdf 06-006151u1 CC SR Fact Sheet.pdf LOCATION: Approximately 1701, 1801, 1825 and 1851 Delaware Parkway [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Simon Ferro, Esquire, on behalf of A+ Mini Storage Airport East, LLC FINDINGS: 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, 06-00615zc2 and 06-00615mu. 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 ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Haskins 12837 Chairman Gonzalez: All right. Let's go to -- well, PZ.5 is in Commissioner Haskins's district; she's not here, so I'm going to hold that until she's present, so PZ.20 -- I'm sorry, PZ.6. Yes, go ahead. Roberto Lavernia (Chief of Land Development, Planning): For the record, Roberto Lavernia, with the Planning Department. Item number 6 is the change in the future land use map as part of the Miami River Rapids Major Use Special Permit. It's for the south part of the area. The Planning Department is recommending approval as part of the Major Use. Vice Chairman Sanchez: All right. It is an ordinance on second reading. Chairman Gonzalez: Is there -- Vice Chairman Sanchez: The applicant's -- Chairman Gonzalez: -- opposition? City ofMiami Page 68 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Vice Chairman Sanchez: -- ready. Are there any opposition to this item? Anyone in opposition to this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed. Chairman Gonzalez: Mr. Vice Chairman, this is in my district. I see there is no opposition. We had, I think it was, two public hearings in the district in reference to this project. We didn't had any opposition at the meetings either, so I'm ready to move for approval. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: All right. There is a motion on the floor made by the Chair, second by Commissioner Spence -Jones. This is an ordinance on second reading. 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. Priscilla A. Thompson (City Clerk): Roll call. Vice Chairman Sanchez: All right. Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is adopted on second reading, 4/0. PZ.7 06-00615zc1 ORDINANCE Second Reading 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" 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 (Version 2).pdf 06-006151u1 & 06-00615zc1 Exhibit A.pdf 06-00615zc1 CC FR Fact Sheet.pdf 06-00615zc1 CC SR Fact Sheet.pdf LOCATION: Approximately 1701, 1801, 1825 and 1851 Delaware Parkway [Commissioner Angel Gonzalez - District 1] City ofMiami Page 69 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 APPLICANT(S): Simon Ferro, Esquire, on behalf of A+ Mini Storage Airport East, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. 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, 06-00615zc2 and 06-00615mu. 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 Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Haskins 12838 Vice Chairman Sanchez: PZ.7 is an ordinance on second reading. It's a companion item to PZ.6. The applicants are here. Is there any opposition to this item? Seeing none, hearing none, the public hearing is closed; coming back to the Commission. Chairman Gonzalez: Mr. Vice Chairman, I'm ready also to move PZ.7. Vice Chairman Sanchez: There is a motion by -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- the Chair, second by Commissioner Spence -Jones. The item is under discussion. Hearing no discussion on the item, it is a resolution -- second -- Jorge L. Fernandez (City Attorney): No. Vice Chairman Sanchez: -- reading. 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: Madam Clerk, roll call for the record. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is adopted on second reading, 4/0. PZ.8 06-006151u2 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 1851 DELAWARE PARKWAY, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO City ofMiami Page 70 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 "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 (Version 2).pdf 06-006151u2 & 06-00615zc2 CC Exhibit A.pdf 06-006151u2 CC FR Fact Sheet.pdf 06-006151u2 Application Page 3 Replacement.pdf 06-006151u2 CC SR Fact Sheet.pdf LOCATION: Approximately 1851 Delaware Parkway [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Simon Ferro, Esquire, on behalf of A+ Mini Storage Airport East, LLC FINDINGS: 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 06-00615zc2 and related File IDs 06-006151u1, 06-00615zc1 and 06-00615mu. 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 Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Haskins 12839 Vice Chairman Sanchez: PZ.8 is an ordinance also on second reading. It's a companion to PZ.6. Can we get a motion? Chairman Gonzalez: I'll move it. Vice Chairman Sanchez: There's a motion by the Chair. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: Is there a second? Second by Commissioner Spence -Jones. Before we City ofMiami Page 71 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 discuss the item, it's an ordinance requiring a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, for the record, the public hearing is closed; coming back to Commission. There's a motion and a second. No further 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: 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 is adopted on second reading, 4/0. PZ.9 06-00615zc2 ORDINANCE Second Reading 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. 06-00615zc2 Analysis.pdf 06-00615zc2 Zoning Map.pdf 06-00615zc2 Aerial Map.pdf 06-00615zc2 Application & Supporting Docs.pdf 06-00615zc2 ZB Fact Sheet.pdf 06-00615zc(a) ZB Reso.PDF 06-00615zc2 CC Legislation (Version 2).pdf 06-006151u2 & 06-00615zc2 CC Exhibit A.pdf 06-00615zc2 CC FR Fact Sheet.pdf 06-00615zc2 Application Page 3 Replacement.pdf 06-00615zc2 CC SR Fact Sheet.pdf LOCATION: Approximately 1851 Delaware Parkway [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Simon Ferro, Esquire, on behalf of A+ Mini Storage Airport East, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. 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, 06-00615zc1 and 06-00615mu. City ofMiami Page 72 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 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 Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Haskins 12840 Vice Chairman Sanchez: All right. We go to PZ.9. Chairman Gonzalez: I'm ready to move PZ.9 also. Vice Chairman Sanchez: PZ.9 is an ordinance on second reading. There's a motion -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- by the Chair, second by Commissioner Spence -Jones. Chairman Gonzalez: Mr. Vice Chairman, I would like the record to reflect that all of these items has been recommended for approval by the Administration, is that correct? Roberto Lavernia (Chief of Land Development, Planning): That is correct. Chairman Gonzalez: Thank you. Vice Chairman Sanchez: All right, as so stated on the record. Before we discuss the item, it's a resolution -- I mean, it's an ordinance, second reading, requiring a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed; coming back to the Commission for discussion. Hearing no discussion on the item, Mr. City Attorney, read the ordinance, on second 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: All right. PZ.9. Priscilla A. Thompson (City Clerk): No -- roll -- Vice Chairman Sanchez: Madam Clerk, roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. PZ.10 06-00615mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, 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 MIAMI RIVER RAPIDS PROJECT, TO BE LOCATED AT 1701, 1801, 1825 AND 1851 DELAWARE PARKWAY AND 2990 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, TO CONSTRUCT A FOUR -BUILDING City ofMiami Page 73 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 MIXED -USE DEVELOPMENT RANGING IN HEIGHT FROM APPROXIMATELY 115 FEET TO 143 FEET TO BE COMPRISED OF APPROXIMATELY 1,590 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 65,852 SQUARE FEET OF RETAIL AND RESTAURANT SPACE; AND APPROXIMATELY 2,200 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 74 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 06-00615mu - PAB Fact Sheet.pdf 06-00615mu - Analysis.pdf 06-00615mu - Zoning Map.pdf 06-00615mu - Aerial Photo.pdf 06-00615mu - Miami River Commission Minutes (6.5.06).pdf 06-00615mu - Traffic Sufficiency Letter (3.27.06).pdf 06-00615mu - IDRC Comments (1.18.06).pdf 06-00615mu - UDRB Resolution (1.18.06).pdf 06-00615mu - Aviation Comments (12.2.05).pdf 06-00615mu - School Board Comments (10.20.05).pdf 06-00615mu - Aviation Comments with Map (10.12.05).pdf 06-00615mu - Public Works Comments (10.5.05).pdf 06-00615mu - Miami River Commission Minutes (6.14.05).pdf 06-00615mu - HEPB Resolution (4.5.05).pdf 06-00615mu - PAB Legislation.pdf 06-00615mu - PAB Exhibit A (Legal Description).pdf 06-00615mu - PAB Exhibit B (Zoning Data Table).pdf 06-00615mu PAB Reso.PDF 06-00615mu - PAB Legislation (Revised).pdf 06-00615mu - Analysis (Revised).pdf 06-00615mu - Front Cover.PDF 06-00615mu - Inside Cover.PDF 06-00615mu - Table of Contents I to III.PDF 06-00615mu - I Project Information (A to I).PDF 06-00615mu - A Letter of Intent.PDF 06-00615mu - B MUSP Application -Rezoning -Land Use Applications -Variance and Spe 06-00615mu - C Zoning Write-Up.PDF 06-00615mu - D Zoning Atlas.PDF 06-00615mu - E Project Data Sheet.PDF 06-00615mu - F Deed Tax Printout.PDF 06-00615mu - G Ownership List.PDF 06-00615mu - H State of Florida Documents.PDF 06-00615mu - I Directory of Project Principals.PDF 06-00615mu - II Project Description (A -Zoning Ordinance No. 11000).PDF 06-00615mu - III Supporting Documents (Tab 1 to Tab 6).PDF 06-00615mu - Tab 1 Minority Construction Employment Plan.PDF 06-00615mu - Tab 2 Sufficiency Letter -Traffic Impact Analysis(Appendices A-B).PDF 06-00615mu - Tab 2 Traffic Impact Analysis(Appendices C to I).PDF 06-00615mu - Tab 3 Site Utility Study.PDF 06-00615mu - Tab 4 Economic Impact Study.PDF 06-00615mu - Tab 5 Survey of Property.PDF 06-00615mu - Tab 6 Drawings Submitted.PDF 06-00615mu CC Special Exception Fact Sheet.pdf 06-00615mu CC Special Exception Analysis.pdf 06-00615mu ZB Reso.pdf 06-00615mu Revised School Board Analysis.pdf 06-00615mu CC Legislation (Version 2).pdf 06-00615mu CC Exhibit A.pdf 06-00615mu CC Exhibit B.pdf 06-00615mu CC MUSP Fact Sheet.pdf LOCATION: Approximately 1701, 1801, 1825 and 1851 Delaware Parkway and City ofMiami Page 75 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 2990 NW South River Drive [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Simon Ferro, Esquire, on behalf of A+ Mini Storage Airport East, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Recommended approval with conditions* of a Certificate of Appropriateness to City Commission on April 5, 2005 by a vote of 8-0. MIAMI RIVER COMMISSION: Unanimously passed a motion finding the project to be consistent with the Miami River Corridor Urban lnfill Plan, subject to conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on July 5, 2006 by a vote of 8-0. ZONING BOARD: Recommended approval with conditions* of a Special Exception to City Commission on May 22, 2006 by a vote of 7-0. See companion File IDs 06-006151u1, 06-00615zc1, 06-006151u2 and 06-00615zc2. *See supporting documentation. PURPOSE: This will allow the development of the Miami River Rapids project. Motion by Chairman Gonzalez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Haskins R-06-0566 Vice Chairman Sanchez: All right. PZ.10 is also a companion to PZ.6. This is a resolution. It's a resolution. Can we get a motion and a second? Chairman Gonzalez: I understand there is certain conditions, right? Roberto Lavernia (Chief of Land Development, Planning): Yes. Item number 10 -- Vice Chairman Sanchez: Sir -- Mr. Lavernia: -- is the Major Use Special Permit encompassing all the four previous items, but this item has been in front of you. Planning Department is recommending approval with conditions that we want to modify on the record that in the package that you have, conditions F, G, H, and J, we are deleting those conditions. Vice Chairman Sanchez: OK. Could you read the conditions into the record? Are they brief or long? Mr. Lavernia: Special conditions for this specific project. We're putting the same condition regularly that we put for a Major Use. In this case, we have pursuant to design -related comments, provide separate plans for building 1 and 4 as both building are different in height, density, and in context with intersection of Northwest 20 and Northwest 28th Avenue; B, provide a different architectural character and massing of each building in order to provide variety of the building's appearance, unit mix, pedestrian experience, and space created; C, continuous street frontage along Delaware Park shall be divided by adding a larger entry street with a median or larger sidewalk between buildings 2 and 3, and buildings along Delaware Park shall City of Miami Page 76 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 step back in massing and return to a lower scale along the inner unnaming sfreet; E, provide perspectives for the interior roadwork between buildings; and condition I, we keep it. It's provide clear pedestrian sidewalk or at least eight feet in width along Northwest 28th Avenue that will cross over the bridge and lead directly to the plaza along Northwest North River Drive. Vice Chairman Sanchez: All right. The conditions have been put on the record. Chairman Gonzalez: All right. Vice Chairman Sanchez: Let's go ahead and get a motion and a second on the item. Chairman Gonzalez: I'll -- are you -- do you agree with the conditions? Simon Ferro: Yes, we do, Mr. Chairman. Chairman Gonzalez: All right. I'll move -- Priscilla A. Thompson (City Clerk): We need a name -- I'm -- Chairman Gonzalez: -- it with -- sorry? Mr. Ferro: Simon Ferro, 1221 Brickell. I represent the applicant. Ms. Thompson: Thank you. Chairman Gonzalez: All right. Mr. Vice Chairman, I'm ready to move with the conditions. Vice Chairman Sanchez: There's a motion by the Chair on this resolution, which is PZ. 10. We need a second. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: Second by Commissioner Spence -Jones. Before we open it up for discussion, it is a PZ (Planning & Zoning) item requiring a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed; coming back to the Commission. Any further discussion on this item? Hearing none, 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. Ms. Thompson: As modified. Vice Chairman Sanchez: As amended or modified. Ms. Thompson: Thank you. Mr. Ferro: Thank you all very much. Have a good afternoon. Thank you. Chairman Gonzalez: Thank you. Vice Chairman Sanchez: All right, and I will pass the gavel back to the Chair. PZ.11 05-00652 ORDINANCE Second Reading City ofMiami Page 77 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 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 05-00652 SR Fact Sheet.pdf 05-00652 Submittal.pdf LOCATION: Approximately 3690 SW 23rd Terrace [Commissioner Tomas Regalado - District 4] APPLICANT(S): Santiago D. Echemendia, Esquire, on behalf of Cinco M's Corporation and Rincon Argentino, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on June 29, 2005 by a vote of 5-2. See companion File ID 05-00652a. PURPOSE: This will change the above property to Restricted Commercial. Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Haskins 12841 Chairman Gonzalez: All right. PZ.11 is a second reading ordinance. Roberto Lavernia (Chief of Land Development, Planning): May I? Chairman Gonzalez: Yes, sir. Go ahead. City ofMiami Page 78 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Mr. Lavernia: It's a second reading for the change from duplex residential to restricted commercial for -- the applicant is Rincon Argentino Restaurant. We present -- fully present this at the first reading, and just -- I want to put on the record that the applicant has been working with the Planning Department for a long time, and what you saw is the final result, and we are in agreement with the proposal [sic] plan. Thank you. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public -- is there opposition to this item? Yes, sir. Leo Bloom: Is he going to go first? Chairman Gonzalez: Yes, sir. Go ahead. Mr. Bloom: No. Is he going to go first? Chairman Gonzalez: No. He already did a presentation. You want to put -- Mr. Bloom: Oh, he did? Chairman Gonzalez: -- something else on the record now or -- Mr. Bloom: Oh, I see. Santiago Echemendia: I'd be happy to allow Mr. Bloom to -- Chairman Gonzalez: To allow him -- all right. Mr. Echemendia: -- make his comments, and then we'll rebut, if necessary. Chairman Gonzalez: Go ahead, and then he will rebuttal if he has a -- Vice Chairman Sanchez: All right. Sir, when you give me a copy, could you present with the City Clerk a copy when you're done? Here, I -- give it to me and I'll take it to her. Chairman Gonzalez: Yes, sir. Mr. Bloom: You're ready for me? Chairman Gonzalez: Yes, sir, we're ready. Mr. Bloom: OK. I've been here a few times already and just trying to keep things from changing in my area. Ms. Thompson: I just need your name and address, sir, for the record. Mr. Bloom: All right. My name is Leo Bloom. I live at 3670 Southwest 23rd Terrace. I came here 60 years ago, and left the military and moved to 3670; been there 60 years. Been working hard selling ice cream on the street, cutting down big frees; finally got enough money to get some property. It happens to be right next to 3690. I own the property that's five feet away. You see the picture there, the layout of the houses. I own five houses all in a row, so anybody says you can control who lives next door to you, which is nice. I got wonderful neighbors; they're friends of mine; some of them been there 20 years. Now anything going on next door will affect this pretty badly. I met with these people. First, let me tell you, there was illegal parking on the other side of the duplex. You see the duplex? Previous owner was parking there. He put a fence City ofMiami Page 79 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 down the middle, in the back. I didn't know it. He had a little business there and he was parking there, but there's three or four people. Now, when these people bought this property, they had their people going into that parking. They had a sign "Parking for the Restaurant." Now, when I met with these people, they started off -- first of all, they didn't show me the plans at a previous meeting before the Commission. We were here from 10 o'clock in the morning till 7 at night, and we were presenting -- well, not much presenting. There was only two Commissioners here, and during the proceedings, it came up that the plans was shown through the duplex on the corner, which is right next to this property here, so I said, I didn't see the plans, so we were sent packing; they show me the plans. Well, when they showed me the plans, I sat down and I'm looking at it, and the attorney comes up with the question, "what don't you like?" what 1 should have said was I don't like the parking lot next door, but he was nice. I'm not an attorney. Maybe the attorney would have told me to not even see him. I answered his question. I don't like this 7-foot wall going next to my property. Four foot --140 feet long, OK. They're going to lower the fall. Next question they come up with, what don't you -- now what you don't like? Well, I don't like this. I don't like them taking down the big frees. Well, we're going to landscape it, put new trees in, so all these questions are coming along and I'm sitting here and I'm saying, God almighty, here I am designing their parking lot. Now would you say that's a little on the devious side? I don't have an attorney advising me. Now there's no -- no matter what they did to the parking lot. I still didn't want it next door, OK. Now that being said, there were three things that concern me. I would never agree to a parking lot right next door for three different reasons, the main reason, the value of my property. I have nothing to gain. Who knows how much it'll go down, 50,000? They assess my property -- this last time they assessed it 50,000 on each property, so I have to pay taxes on those five properties. Heavens alive, I can't even raise the rent on these people. They can barely make it. They can't come down here with me and make speeches and everything; they're working now. My son had to go to the doctor today, OK. That's one item; value of my property. Now, the second concern I have, this type of operation next door is the kind of operation does not close at 5 o'clock at night. After 5 o'clock, when it gets dark, things light up, people coming in, cars driving in and out, doors slamming, engines racing up and down, and alarms going off. Talking about alarms. Last Thursday night, 12:30, after midnight, I hear this rattling in the house. I'm wondering is it a noise in my refrigerator. I'm going around and finally worked my way to the door, and I'm hearing -- I open the door and to and behold, there's an alarm going on down the street at the restaurant. I figured, well, alarms go off. You know, some of them go off right away. This thing is going for a half-hour, till 1 o'clock in the morning. I'm just wondering, why don't they turn it off? Maybe someone was in there; they're washing the pots and pans from the restaurant and they didn't hear it. Now, if this was in the parking lot near us, there's a big building right there, 12-story building. You'll see it right there. The vibration, who knows what. Chairman Gonzalez: We need you to please, you know, conclude your presentation. You -- Mr. Bloom: I'm almost done. Chairman Gonzalez: OK. Mr. Bloom: OK. My third concern. Now this is really in a side street. Take a look at the property there. Right next to it, on the right, the big building -- Chairman Gonzalez: Right. Mr. Bloom: -- in the back, they're going to have the walls, dark -- you see my picture dark I took down the street. On the right side is the Florida Power & Light nicely landscaped 200 feet;; it's opposite us. It's opposite the duplex. The restaurant is down on the corner, not even directly across, so actually, the restaurant is 80 feet away. I'm closer than the restaurant. I got one house five feet away, another fifty feet away, and two of them a hundred feet away, so it's your decision, what you're going to do, and that's about all I have to say. City ofMiami Page 80 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Chairman Gonzalez: Thank you. Judy Sandoval: Can I speak to this issue? Chairman Gonzalez: Sure. Madam, City Clerk, let's set the clock at two minutes for a speaker. Go ahead, Judy. How you're doing? Judy Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. This is very close to my neighborhood, and I have a question. I -- is this restaurant that's concerned the Rincon Argentino? OK. I was at -- in fact, I spoke at the first reading, and the lawyer -- my second question is, is this the same gentleman that was discussed in the first reading? Because the attorney said that there was only house that was affected, and that the gentleman agreed to having the restaurant and the parking lot and all that stuff. Is this the same gentleman that supposedly agreed with the project? Commissioner Regalado: I can answer that, and -- Ms. Sandoval: No. Yeah. Commissioner Regalado: I can answer that. You were here, I was here, and what you're saying is what really happened. This item had been deferred five times, and I ask to be defer until they met with all the residents, which, in fact, is Mr. Bloom and other resident, his son, his wife, other residents in the area, until they met with the people from the condo next door. The report that we had is that they did all that was requested by the neighbors. For instance, the -- there was a fence or a concrete fence that was going to be too high; they didn't want it. They went down. They didn't want parking next to the new -- to their house that is occupied. They move the parking. They didn't want lights up, so they decided to put lights on the floor. They didn't want the whole house demolished, so they decided that the house will not be demolished, so it would look sort of residential and have the parking lot in the back; only half of the duplex will be demolished and the other duplex will be an office or -- and the parking. As you just heard Mr. Bloom, who I know for all the years that I've been here, because he has come here in many occasions with several issues, and I remember when they were building that condo on 37th Avenue, and the air condition noise and all that. As you just heard Mr. Bloom said that he answer all the questions, and he made all the requests. In fact, he was designing the parking lot, and he said, what -- I made a mistake. What should have said, I don't want the parking lot, but he was being ask what you don't like? This. We'll fix it. What you don't like? This. (UNINTELLIGIBLE). That's exactly what he said. At the end of the day, he doesn't want the parking lot. The whole thing came about with this issue precisely for a problem that which have in the Coral Way area. That restaurant has been there forever, and in fact, I never been at that restaurant, butt know for the complaints of the people on 23rd and 24th and 24th Terrace that because of the restaurant not having parking, people park on -- in front of the houses on residential street on 24th. They do not cross 37th Avenue because two reasons: It's very dangerous and also it's Coral Gables and the parking meters in Coral Gables run until like 10 p.m., and people just don't want to start putting coins and watching the -- they watch to see if their meter is over, so all the overflow parking from the restaurant went to the residential area, the same thing that we have with the restaurant on 32nd Avenue and 23rd, the club that is operating there. This Commission, this Administration never had to do anything with that restaurant. That restaurant has been there for, I don't know, I guess 20 years or something like that. None of us were here, but the fact is that we inherit the problem, and then they decided to do something apparently bought that property. When the -- on the first reading -- you were here and Leo was here -- there was a covenant that that property would revert to residential if ever it's not used as parking, and that the house cannot be demolished. That was the reason thatl approve for two reasons the reasons of the parking overflow throughout the area and the reason of the property owner doing what the residents wanted. We just heard Mr. Bloom, that he said, City ofMiami Page 81 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 well, you know, I should have said from the beginning, I don't want a parking, but he was guiding those people, and frankly, the reason that I wanted to defer that item so many times and did is because I didn't like, at all, the first plan. As they move forward and comply with all the residents' requests at that time, I thought it was a win -win situation. We have a situation also, which Mr. Bloom is showing here, which is the Florida Power substation. None of us had anything to do with that, but it's on a residential street. It's right in front this property. It's fronting this residential property. At night, it's very dark. During the day, it's very nice, landscaping and all that, but at night it's very dark. It should be lit, and what is happening there is the people are parking, and even creating problems in front of the FPL (Florida Power & Light) substation, so what we have in this street is a very unique situation. We have a Florida Power & Light substation that takes two lots, almost three lots, of the residential area, and across the street, on the corner, we have this house, which was going to be demolished for a surface parking, but because of the will of the resident, it will not be demolish, and it would be -- it will preserve the looks of a residential and have a parking in the area, and that's what I can tell you the history of that. I am -- I don't know. Correct me if I'm wrong. Mr. Bloom: I will. Commissioner Regalado: OK. Mr. Bloom: Can I do it fi^om this podium? OK. When I met these people, I suggested to them -- I spoke to Ileana. I told her straight out, I said, look, if you take the half of duplex away, you'll have a whole 50 by 140 feet; do whatever you want there. I don't care if they put a 20-foot wall there. No problem. You'll have your parking lot. The other half of the duplex use for your storage. I will still be looking at a duplex and nothing will change, so here's what they want to do. First of all, there's no parking on the street. They don't have that much business. Their lot is full. They don't have that much parking. They want to get bigger. They want to put an extension on their building. They want to have outdoor parking, which is going to -- not outdoor parking, but outdoor eating. People that come to their restaurant, they want to smoke. They can't smoke in the restaurant. You know, I've been talking to these people a long time, and I've gotten a lot of information. That's what they want to do, so they go out and they eat out there and smoke. Meantime, they're utilizing their parking spaces. They got to look for another place to park. Where are they going to park? In a residential area by me and it's out of place. You go by there at night and you see this place lit up. You'll say what the heck's a parking lot doing over there? Then you look around for the restaurant. The restaurant is across the street on a corner, so what do you do now? Now, what are they going to do? Twist me around and say, hey, he wants that parking lot because he made these changes? I was there to get information like they were there to get information from me. Now I'm not an attorney. I'm just a plain guy. I read a lot. Not only that, right here I have a declaration of restrictions. They told me it reverts back to residential when they sell it, if they sell it. Right here. Covenant running with the land. These restrictions shall be for the benefit and limitation upon all present and future owner of the real property and the public welfare. That means the new owners will have it. Commissioner Regalado: The new owner will have the limitation that these people have. Mr. Bloom: It won't revert back to residential. Commissioner Regalado: But they cannot build anything there. That's a parking. It's a parking, it's a parking, it's a parking. They -- Mr. Bloom: Here's another -- Commissioner Regalado: -- cannot build anything there. Mr. Bloom: -- thing. Modification of (UNINTELLIGIBLE) lease. Suppose they decide they City ofMiami Page 82 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 want to put a two-story building there. Chairman Gonzalez: They can't do it. Mr. Bloom: Wait a minute. They can't do it? Vice Chairman Sanchez: No. Chairman Gonzalez: No. Mr. Bloom: Right here, they can go before the Planning Board. Vice Chairman Sanchez: No, sir. Chairman Gonzalez: No. Mr. Bloom: That is what Planning -- Commissioner Regalado: OK. We -- maybe the attorney or the plan -- the Zoning director can give us a hand here, because the covenant that we all heard was that's a parking, that's a parking, it's a parking. It's only going to be a parking, and they cannot build anything at all, so maybe somebody can help understand. Mr. Bloom: Anyway, when I went to the Planning, I made my speech. One of the things they said to the other guys on the board, they said, look, we don't want to have that zoning change because who knows what's going to happen in the future? They'll have opportunities. Nothing's written in stone. The Zoning Board, the same thing, and they voted 7/0 about it, and that was one of their main reasons. Once they get a foothold in (UNINTELLIGIBLE), so there's a lot of things -- nothing's written in stone, you know that. This ordinance, that ain't written in stone. Commissioner Regalado: Can you --? Mr. Bloom: They're going change residential to -- Chairman Gonzalez: Could you please? Mr. Lavernia: The applicant is offering a voluntary covenant attached to a specific site plan, and that's exactly what they have to do. The only thing they can do is what is in the plan that they are offering, and in order to get rid of the covenant, they have to come in front of you and you release the covenant. Commissioner Regalado: How many covenants have been released at -- Mr. Lavernia: Not many. Commissioner Regalado: -- in the last ten years that I have been here? Mr. Lavernia: Not many. Just a few. Commissioner Regalado: I think one, only one, because I check. I check when I learn. In the last ten years I have been here, one covenant and I think it was because of hardship or something like that, but one covenant has been -- one question. Can we enforce the covenant? I mean, can we -- Mr. Lavernia: Enforce is -- City ofMiami Page 83 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Commissioner Regalado: Enforce is -- Mr. Lavernia: -- about use and construction. Commissioner Regalado: No. You cannot build anything and no, we will not give you any -- Mr. Lavernia: The only -- Commissioner Regalado: -- permits and no -- Mr. Lavernia: -- thing that -- Commissioner Regalado: -- we will -- Mr. Lavernia: -- they can build is what they offer in that plan that is attached to this covenant. That's the only thing that they can build. Jorge L. Fernandez (City Attorney): It will be prosecuted by the City under Code Enforcement and other applicable laws if they put that to any other use other than that agreed to in the zoning Mr. Lavernia: Just want to remind you that when somebody want to release a covenant, they have to come in front of you, and have to be advertised, and notices have to be sent out so everybody will know about it, and you are the only body that can release the covenant. Commissioner Regalado: So can we hear from the attorney, to see if --? Chairman Gonzalez: Yes. Mr. Echemendia. Mr. Bloom: Can I say something else, just one more thing? Chairman Gonzalez: Yes. Mr. Bloom: OK. Commissioner Regalado: Go ahead. Mr. Echemendia: Mr. Chair, Santiago Echemendia, 1441, on behalf ofRincon Argentino. I'm here with Ileana and Miguel De Marziani, who have been in this very arduous process for a year. The first time we were in front of this Commission was in November of 2005. The Commissioner has done a formidable task of making sure that we engage the neighbor; that we did everything possible. We've gone through three or four site plans. We've moved the parking back. We've given a 20-foot setback. We've agreed to a wall. All of that is tied into the covenant. The covenant actually attaches a site plan that retains half of the duplex that has the wall that goes all the way back five feet with a little kind of iron rod feature. We've done everything, everything possible. This is a family. This isn't a developer that's here on a new project, et cetera, looking to -- well, to develop rightfully so, but this is a family that is a hard-working family, that's had a restaurant that has a predicament. They've fried to address it in the best way possible. I think they have to the point where I think even staff concedes we've really done everything possible to make it compatible. In that light, we would greatly urge you -- in light of the comments at the last Commission meeting and the 5/0 vote, we would urge you to again vote in favor of the application, and we appreciate all your efforts, Commissioner Regalado. City ofMiami Page 84 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Commissioner Regalado: Just to make sure, the owners understand that what is there is the only thing. Hr. Echemendia: It is the only thing, and as the City Attorney correctly pointed out, in order to do anything different, which is not the intent -- their intent is to continue operating the restaurant -- would be to come back to the board, and as you pointed out, it's a hard road to get a covenant modified in front of this Commission. Vice Chairman Sanchez: I'm OK with the covenant. Chairman Gonzalez: Yeah. Vice Chairman Sanchez: I'm OK with it. Chairman Gonzalez: All right. Hr. Echemendia: Thank you. Chairman Gonzalez: Yes. Vice Chairman Sanchez: I'm OK with the covenant. Chairman Gonzalez: Done? Commissioner Regalado: I'm sorry? Chairman Gonzalez: You done, Commissioner? Commissioner Regalado: Anything else? Hr. Bloom: Let me say one more thing. Commissioner Regalado: Sure. Hr. Bloom: Security. Visualize this thing. Here's the parking lot, walls all around, on the side street. Across the street is Florida Power & Light, dark as hell. You got one opening here all enclosed. People go drive in; isolated. Now, one of the meetings we said, you didn't like the idea of them parking behind duplex. Security. Suppose some guys are coming in from out of town; they want to go to a good Argentine restaurant. They find out about this restaurant, and they come in; they drive in. There might be an attendant there, and they come out and eat. They enjoyed the meal. Then they go back in and say, hey, this is opportunity to do damage. Suppose the attendant has to go to the bathroom; nobody's there, and here they are, they come back, sit in their car waiting for an opportunity. It could be scary. Just -- Chairman Gonzalez: Yeah. Hr. Bloom: -- go back there at night and see how isolated it is, so -- Commissioner Regalado: It is isolated, and one thing is Florida Power & Light needs to address the issue of the substation at night. I have been there at night, and yes, it is very dark that street, although Florida Power & Light occupies almost a third of the block with a substation in the area, and so -- you are from the condo building. Chairman Gonzalez: Yes, ma'am. City ofMiami Page 85 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Karol Kempster: Yes. I'm -- Chairman Gonzalez: Your name and address for the record, please. Ms. Kempster: I'm -- my name is Karol Kempster. I'm the property manager of Gables Terrace Condominium, at 2351 Douglas Road. The membership in the association has all voted that they do not want to have a parking lot next to their building, 108 units. Chairman Gonzalez: Thank you. Ms. Kempster: They don't want it. Commissioner Regalado: Well -- Chairman Gonzalez: Thank you. Ms. Kempster: I've been here five times. This is my fifth time in front of the Commission to repeat in their behalf that they don't want it. Commissioner Regalado: My understanding is that you objected to, I guess, the noise or the fumes, but your -- what abuts that property is your parking -- Ms. Kempster: We're -- Commissioner Regalado: -- three stories. Ms. Kempster: -- underground. Commissioner Regalado: I'm sorry? Ms. Kempster: We're underground. Commissioner Regalado: OK, but you can see the parking lot. Ms. Kempster: Yes, from the residence. Commissioner Regalado: OK, so you -- Chairman Gonzalez: All right. Commissioner Regalado: -- you have a parking there. Chairman Gonzalez: Thank you. Commissioner Regalado: All right. Chairman Gonzalez: Anyone else from the public? All right. We're closing the public hearing, bringing it back to the Commission. Commissioner Regalado, it's your district. Commissioner Regalado: I'll move for approval for second reading -- Chairman Gonzalez: All right. We have a -- Commissioner Regalado: -- PZ.11. City ofMiami Page 86 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Chairman Gonzalez: -- motion on PZ.11. Vice Chairman Sanchez: But based on the covenant, right? Chairman Gonzalez: Yes. Commissioner Regalado: Of course. Chairman Gonzalez: Right. Commissioner Regalado: No, no. Vice Chairman Sanchez: Oh --I -- Commissioner Regalado: The covenant is -- Vice Chairman Sanchez: -- would second it on -- with the covenant. Mr. Fernandez: The covenant comes in with item number 12. Vice Chairman Sanchez: All right -- Chairman Gonzalez: Right. Vice Chairman Sanchez: -- but I want -- Mr. Fernandez: Yes. Chairman Gonzalez: OK. Vice Chairman Sanchez: -- to know that the -- Mr. Fernandez: It's understood. Vice Chairman Sanchez: -- covenant is there to protect the gentleman and the residents. Chairman Gonzalez: All right. We have a motion and we have a second. It's an ordinance, Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. PZ.12 05-00652a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION City ofMiami Page 87 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 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 05-00652a SR Fact Sheet.pdf LOCATION: Approximately 3690 SW 23rd Terrace [Commissioner Tomas Regalado - District 4] APPLICANT(S): Santiago D. Echemendia, Esquire, on behalf of Cinco M's Corporation and Rincon Argentino, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on July 25, 2005 by a vote of 7-0. See companion File ID 05-00652. PURPOSE: This will change the above property to C-1 Restricted Commercial. Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Haskins 12842 Chairman Gonzalez: PZ.12 is also a second reading. It's also a public hearing. Yes, Mr. Lavernia. Roberto Lavernia (Chief of Land Development, Planning): Yes. Number 12 is a companion zoning atlas change for the same property. We have the same recommendation, and in -- Chairman Gonzalez: OK. Recommended for approval. Mr. Lavernia: -- this case -- Commissioner Regalado: And it's -- City ofMiami Page 88 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Chairman Gonzalez: All right. Anyone from the public that wants to speak on this item, please come forward. Commissioner Regalado: -- the covenant attached to this -- Chairman Gonzalez: Right. Commissioner Regalado: -- ordinance. Mr. Lavernia: You -- Commissioner Regalado: OK. Mr. Lavernia: -- can put it as -- Commissioner Regalado: I move P -- Mr. Lavernia: -- condition. Chairman Gonzalez: Seeing none, hearing none, public hearing is closed; comes back to the Commission. Commissioner Regalado. Commissioner Regalado: I move PZ.12 for second reading. Chairman Gonzalez: We have -- Vice Chairman Sanchez: Second. Chairman Gonzalez: -- a motion to approve PZ.12 and we have a second. It's an ordinance. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. Chairman Gonzalez: All right. PZ 13. Karol Kempster: Thank you very much. Chairman Gonzalez: Goodnight. Good afternoon. Miguel De Marziani: Gracias. (Comments in Spanish not franslated). Ms. Thompson: Now do I have a name for the record on that one? Chairman Gonzalez: Sir -- his name for the record and address. (Comments in Spanish not franslated). City ofMiami Page 89 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Mr. De Marziani (as interpreted by Official Spanish Interpreter, Rene Ramos): Miguel De Marziani. Rene Ramos: He's nervous. What's --? Mr. De Marziani: (Comments in Spanish). Mr. Ramos: There you go. Chairman Gonzalez: All right. Mr. De Marziani: Thank you -- Chairman Gonzalez: Thank you. Mr. De Marziani: -- everybody. Chairman Gonzalez: Thank you. Mr. De Marziani: Thank you. PZ.13 05-01536 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 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 05-01536 Application Page 4 Replacement.pdf 05-01536 SR Fact Sheet.pdf 05-01536 Submittal 09-28-06.pdf LOCATION: Approximately 1200 NW 1st Avenue and 115 NW 12th Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Royal Palm Miami Downtown, LLC City ofMiami Page 90 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 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 Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Haskins 12843 Chairman Gonzalez: All right. PZ.13. Yes. Go ahead. Roberto Lavernia (Chief of Land Development, Planning): 13 and 14 are companion items. Chairman Gonzalez: Right. Mr. Lavernia: It's change of the future land use map of the Comprehensive Plan from medium density multifamily residential to resfricted commercial. It's two lots in the corner of Northwest 12th Street, Northwest 1st Court, and Northwest 1st Avenue. The Planning Department was recommending denial. The Planning Advisory Board recommend for approval. The recommendation of the Planning Department for denial was for the amount of unit that can be built in the commercial, and trying to protect the neighborhood for commercial activities, since the designation that they ask was resfricted commercial. Chairman Gonzalez: All right. Is there any opposition to this item? All right, no opposition. OK. Lucia. Lucia Dougherty: Good afternoon, Mr. -- Chairman Gonzalez: Good afternoon. Ms. Dougherty: -- Chairman and members of the Commission. Lucia Dougherty with offices at 1221 BrickellAvenue. I'm here today with GregMermelli and Isaac Kazi, who are the developer's representative of Royal Palm Developers, and you probably know Royal Palm because they are the -- also the developers of Paramount Park and Paramount Place, so they're here. They're in town. They're not going anywhere, and they're part of our community and will continue to stay here. Over the last five years, they started purchasing property in this area, and they did it pursuant to a plan that was adopted by the City Commission. Actually, it was the CRA (Community Redevelopment Agency), and it's actually been also approved by Dade County, and this is basically the plan for this 1st Avenue corridor. It goes between 12th Avenue -- 12th Sfreet and 14th Sfreet on this corridor. Again, you see what it looks like today. This is your plan, which we intend to implement, and we intend to implement this by affordable housing. We have done a plan for you because Commissioner Spence -Jones rightly said, well, you say you're going to do affordable housing. Let's see what it's going to be, right? So here's what we've proposed. We've proposed -- we've told you how many units that each one of these parcels would contain, and this is the plan that we have for financing it, and here's what we have. We're not affordable housing developers, but what we intend to do between now and 30 days after we - - because we've been in negotiations with the five affordable housing developers in town, and there's really four or five here in town, and you know the usual suspects, so we have been negotiating with all of them. Within 30 days after we sign -- we get this approval, what we will City ofMiami Page 91 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 do is finalize our negotiations with one of them. We will go to Tallahassee and fry to get these tax credits in February, and this is the application form. This is the requirement. Twenty percent of the home assisted units are occupied by families whose annual incomes do not exceed 50 percent of the median income family area -- for the area, and the balance cannot exceed 60 percent of the median family income for the area, and what you do is you apply, and when you apply, you're applying for all of these loans, so that's what we're going to do by February, and we're going to do that with our partner, who we ultimately join with, and our intent again is to have at least 20 percent of all of the units be affordable under the Florida housing home ownership definition. Now I know that this is really important to the Commissioner, and therefore, we would like to proffer one of two things, and I'm going to tell you which I think is the better one. We could give you a covenant that says exactly what I just said. Twenty percent of these units are going to be affordable as defined by the Florida Housing Finance Corporation, right? A minimum, because actually, we intend to do more than that, but as a minimum, that's what we could actually put in a covenant. Alternatively, we could agree to come back with whatever project and get it approved by this board. In other words, on parcel 3, maybe a small project. You may not need a Major Use Special Permit. You probably only need a Class II permit. That's a possibility, but what I'm -- we're suggesting is that we'll come back with whatever project we have so that you can see the financing, the total amount of units, the amount that we'd be paying, and let me just tell you what we think the -- I wrote down here. Hold on. The amount per unit, for these affordable units, are as follows: For the low income units, it'll be 450 to $650 per month in rent; for the workforce housing, it would be 800 to $1,200 per month in rent, so that's our proposal, and we'd urge your support for this, and again, it's for -- it's not just the one that you read. It's for items number -- Chairman Gonzalez: 13 to 18, right? Ms. Dougherty: That's correct. Chairman Gonzalez: All right. Commissioner Spence -Jones: So we're taking them all now? Chairman Gonzalez: We're taking one at a time. Commissioner Spence -Jones: OK. Chairman Gonzalez: 13, 14. Commissioner Spence -Jones: OK. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item? Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Commissioner Spence -Jones, it's your district, ma'am. Commissioner Spence -Jones: Yes. First of all, I want to applaud Lucia and their firm, along with the developers of the project for coming back with something that definitely will benefit not only the local residents, but people from different places for Overtown and the -- I know this is just -- we don't have a schematic of what's going to take place there, but here's a perfect example of really a builder or developer trying to, you know, accommodate that particular community in the area, so I just wanted to commend you guys for at least proffering this, and making this a major part of what you're going to do in that area. I'm sure the community will be very happy to see it happening there, and -- the only thing that I would just want to make sure we would mention is I know on some of those parcels, especially on parcel 3, is a building that -- is nothing but seniors that live in that building, and there's -- some of them have lived there for very, very long time. I would just want to make sure that if anything happen from a development City ofMiami Page 92 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 standpoint, that these seniors would not be displaced or if they have to be displaced, that there's some sort of plan put in place, but not just the senior -- that particular one because I know I've knocked on the doors in that one, but then there are a lot of people in parcel 2 that I just would not want them to have anywhere else to go. Ms. Dougherty: We actually have a commitment with them, with those folks already, and that is that we will not displace them without giving them moving expenses or -- there was an alternative. Finding them a place. That we would -- you know, we were going to attempt to find them places to go and we will pay their moving expenses, and we will not displace them with less than six months notice. Commissioner Spence -Jones: OK. Vice Chairman Sanchez: Lucia, could he come up and state his name for the record? Ms. Dougherty: Certainly. Greg Mirmelli: Hi. Greg Mirmelli, 100 Southeast 2nd Street, Royal Palm. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. Ms. Dougherty: Greg Mirmelli. Vice Chairman Sanchez: One question. This is subject to State funding, right, SHIP (State Housing Initiatives Partnership) money? Ms. Dougherty: The affordable housing units will be, yes. Vice Chairman Sanchez: Subject to State funding -- Ms. Dougherty: Well -- Vice Chairman Sanchez: -- which is SHIP money, right? Ms. Dougherty: Correct. Vice Chairman Sanchez: All right. Commissioner Spence -Jones: And I just want to be clear just so -- because I'm learning as I go. In this -- Mr. City Attorney, since they are proffering this and saying that if-- as far as the zoning is concerned, that if we approve this today and they do what they have proffered to do, then the zoning is in tact, but if they do not and they decide to do something else, then it has to still come back in front of us, correct? Jorge L. Fernandez (City Attorney): No. Ms. Dougherty: We're actually proposing that we come back in any event. Commissioner Spence -Jones: OK. Did you hear that? I want to make sure. Mr. Fernandez: OK. Let -- I'm thoroughly confused, and I'm frying to find out from my office if my office has given thorough review to the alternative covenants that Hs. Dougherty is making reference to. She made first reference to one and then, in the alternative, she proffered City ofMiami Page 93 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 something else -- Ms. Dougherty: Correct. Mr. Fernandez: -- and that is -- I haven't seen it. I haven't heard of it, butt want to make sure that someone in my office has, in fact, reviewed -- Ms. Dougherty: No one has reviewed it yet. Mr. Fernandez: Well -- Ms. Dougherty: I haven't submitted it because I just came up with it today, because I know that she was -- Commissioner Spence -Jones is concerned to make sure that we don't say one thing and do something else, and -- Commissioner Spence -Jones: Yeah. Ms. Dougherty: -- I want to make sure that she knows that we're not going to do that, and I propose very simple covenant that I will submit to you before the 30 days is out so you can reconsider it if you wanted to, but the covenant is no matter what we propose on these properties, even if they don't have to come back here legally, we will bring those projects back to you for consideration. Mr. Fernandez: Except this item doesn't deal with all of these properties. This item deals only with one of those parcels. Ms. Dougherty: Well, I'm going to make a covenant that would be on all three parcels. Mr. Fernandez: That binds all the other properties -- Ms. Dougherty: Correct. Mr. Fernandez: -- even though they're not part of this application? Ms. Dougherty: Because they are on the next -- Mr. Fernandez: Well -- Ms. Dougherty: -- few, and I made one presentation for all of them. I'm sorry. Mr. Fernandez: OK, and so you're really speaking not only about items 13 and 14, but you're speaking about -- Ms. Dougherty: All the way up to 18. Mr. Fernandez: -- right, all the way -- Chairman Gonzalez: From -- Mr. Fernandez: -- through, so then it would be individually covenanted in each of those -- Ms. Dougherty: That's correct. Mr. Fernandez: -- applications -- City ofMiami Page 94 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Ms. Dougherty: That's correct. Mr. Fernandez: -- in each of those, and that's fine because we will review the alternative. She's proffering, in essence -- the first covenant that she's offering basically fixes the number of units correctly. Ms. Dougherty: Here's what would further do, and it's up to how you feel more comfortable. I would prefer not to have that covenant because I think that is confusing to financing people. What prefer to do is come back with the project and have -- Commissioner Spence -Jones: OK. Ms. Dougherty: -- you approve the project, as opposed -- Mr. Fernandez: Yeah -- Ms. Dougherty: -- to the first one. Chairman Gonzalez: That's (UNINTELLIGIBLE). Mr. Fernandez: -- but the project will not come back who knows for how long. Commissioner Spence -Jones: But she's saying that she will bring it back no -- Ms. Dougherty: No matter what. Commissioner Spence -Jones: -- matter what. She's -- that's her covenant. Ms. Dougherty: That's right. Commissioner Spence -Jones: Once they -- Ms. Dougherty: Doesn't matter if it's six months from now. It doesn't matter -- Chairman Gonzalez: Right. Ms. Dougherty: -- if it's a year from now. Any project that is built on here, according to my covenant, will have to come back to the Commission for review regardless -- Mr. Fernandez: Of whether it's a MUSP (Major Use Special Permit) or a class -- Ms. Dougherty: Correct. Mr. Fernandez: -- any type -- Ms. Dougherty: Any -- Mr. Fernandez: -- of development will -- Ms. Dougherty: Correct. Mr. Fernandez: -- come back again, and it would come back under what vehicle? I mean, traveling like what? Because the City Commission doesn't get to review -- Ms. Dougherty: Well, because -- let's say, for example, say this one's a Class II. You have other City ofMiami Page 95 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Class Its in your Code that -- for example, for drive-ins for banks, there's a Class II approval that -- which is normally met Administration -- excuse me -- administrative, but the Code says with Commission approval -- Mr. Fernandez: Correct. Ms. Dougherty: -- so we would have whatever approvals, whether it's a MUSP or a Class II, which -- either one, would have to come back for the City Commission review. Mr. Fernandez: Very creative. I have never done this. It doesn't mean that it cannot be done, but we're going to need to get very comfortable with it to make sure -- Chairman Gonzalez: You know what? There is always a first time. Mr. Fernandez: There is -- Chairman Gonzalez: And you know what -- Mr. Fernandez: -- and I'm open to that. Chairman Gonzalez: -- you know what's really important? That she continues to make a difference because that's -- Vice Chairman Sanchez: It's there. Chairman Gonzalez: -- what really is needed in that area, affordable housing. Whatever we need to do to make sure that we build affordable housing for the people need in the City of Miami in that district, we need to do. Mr. Fernandez: Correct, and so, in essence, Ms. Dougherty is no longer proposing alternative covenant. She has retrieved the first one that had been proffered, and she actually now wants you to consider the one where she's binding all of the development -- Chairman Gonzalez: Right. Mr. Fernandez: -- of all of these three applications, in essence, that you have in front of you, to be submitted to you regardless of the permitting process -- Chairman Gonzalez: Right. Mr. Fernandez: -- that's necessary for development -- Chairman Gonzalez: Um -hum. Vice Chairman Sanchez: Yeah. Mr. Fernandez: -- and then you would proffer something in writing for -- Ms. Dougherty: I will. Mr. Fernandez: -- me, and if, within 30 days, which is your -- actually, next City Commission meeting -- if we're not satisfied with that, then you can rescind the decision that presumably -- Chairman Gonzalez: Exactly. City ofMiami Page 96 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Mr. Fernandez: -- you would have made today approving it. Chairman Gonzalez: You will let us know if there is any -- Mr. Fernandez: Correct. Vice Chairman Sanchez: All right. Chairman Gonzalez: -- kind of -- Commissioner Spence -Jones: Thank you very much. Chairman Gonzalez: All right. Madam Commissioner, you want to make a motion. Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: Second with -- Chairman Gonzalez: All right. We have a motion -- Vice Chairman Sanchez: -- the covenant. Chairman Gonzalez: -- and we have a second. I open and close the public hearing. Mr. City Attorney, it's an ordinance, sir. Mr. Fernandez: Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, Madam City Clerk. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is adopted on second reading, 4/0. Ms. Dougherty: Thank you very much. PZ.14 05-01536a ORDINANCE Second 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 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. City ofMiami Page 97 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 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 05-01536a Application Pages 3 & 4 Replacement.pdf 05-01536a SR Fact Sheet.pdf LOCATION: Approximately 1200 NW 1st Avenue and 115 NW 12th Street [Commissioner Michelle Spence -Jones - District 5] 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 Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Haskins 12844 Chairman Gonzalez: PZ.14 is also a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, Mr. Lavernia. Roberto Lavernia (Chief of Land Development, Planning): It's the same recommendation. The only thing that I want to request is to add the condition of the covenant attached to this item. Chairman Gonzalez: OK. Lucia -- Vice Chairman Sanchez: I -- Chairman Gonzalez: -- did you hear the conditions? Vice Chairman Sanchez: Aren't they apply to all the --? It applies to all the PZ (Planning & Zoning) items that are in front of us for -- yeah. Lucia Dougherty: My proffer is that it will come -- it will be applied to all the -- Vice Chairman Sanchez: Right. Ms. Dougherty: -- PZ items. City ofMiami Page 98 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Mr. Lavernia: But it has to be at the zoning change items, which is, in this case, 14. Vice Chairman Sanchez: OK. Jorge L. Fernandez (City Attorney): Right. It was discussed during -- Vice Chairman Sanchez: I got it. Mr. Fernandez: -- the last item -- Vice Chairman Sanchez: I got it. Mr. Fernandez: -- but it applies to -- Vice Chairman Sanchez: I got it. I got it. Mr. Fernandez: -- to 14. Chairman Gonzalez: All right. Very good. Commissioner. Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second. It's an ordinance, Mr. City Attorney. Vice Chairman Sanchez: With the covenant. Commissioner Spence -Jones: With the covenant. Chairman Gonzalez: With the covenant, right. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Before the roll call, could I please make sure that my records are straight? The statement that was made, does this now modify the second reading ordinance or not? Ms. Dougherty: No. Mr. Fernandez: No. Chairman Gonzalez: No. Mr. Fernandez: It's a covenant that travels with the second and final reading of this ordinance, item 14. Ms. Thompson: Thank you. Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is adopted on second reading, 4/0. City ofMiami Page 99 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 PZ.15 05-01536b 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 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. 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 05-01536b Application Page 4 Replacement.pdf 05-01536b SR Fact Sheet.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 [Commissioner Michelle Spence -Jones - District 5] 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 Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Absent: 2 - Commissioner Haskins and Regalado 12845 Chairman Gonzalez: PZ.15. Mr. Lavernia. Roberto Lavernia (Chief of Land Development, Planning): PZ.15 and 16, companion item, land use map change and zoning atlas change for the block that is south of the property that you just act on, south of 12th Street. The recommendation of Planning was for denial; was for approval City ofMiami Page 100 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 at the Planning Advisory Board, item 15; and for approval from the Zoning Board, item 16. Chairman Gonzalez: All right. This is also a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed. Madam Commissioner. Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second. It's an ordinance. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3/0. PZ.16 05-01536c ORDINANCE Second 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 05-01536c Application Pages 3 & 4 Replacement.pdf 05-01536c SR Fact Sheet.pdf LOCATION: Approximately 1129, 1135, 1145, 1151 and 1159 NW 1st Court, City ofMiami Page 101 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 1150 NW 1st Avenue, 100 NW 12th Street, and 105 and 113 NW 11th Terrace [Commissioner Michelle Spence -Jones - District 5] 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 Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Haskins 12846 Chairman Gonzalez: PZ.16. Roberto Lavernia (Chief of Land Development, Planning): 16 is the -- Vice Chairman Sanchez: The companion item. Mr. Lavernia: -- companion item -- Chairman Gonzalez: It's a companion item. Mr. Lavernia: -- for the zoning. In this case we should add the covenant also. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Madam Commissioner. Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: Second with the covenant. Chairman Gonzalez: We have a motion and we have a second. It's an ordinance. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. City ofMiami Page 102 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Ms. Thompson: The ordinance has been adopted on second reading, 4/0. PZ.17 06-00357Iu ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION FOR THE APPROXIMATE 0.12± 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. 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 (Version 2).pdf 06-003571u CC Exhibit A.pdf 06-003571u CC FR Fact Sheet.pdf 06-003571u Submittal Sect. 163.335 FL. Statutes.pdf 06-003571u CC SR Fact Sheet.pdf LOCATION: Approximately 1000, 1012 and 1022 NW 1st Avenue [Commissioner Michelle Spence -Jones - District 5] 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, 05-01536a, 05-01536b and 05-01536c. PURPOSE: This will change the above properties to Restricted Commercial. Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Haskins 12847 Chairman Gonzalez: PZ.17. Roberto Lavernia (Chief of Land Development, Planning): PZ.17 and 18 are partially City of Miami Page 103 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 companion items because 18 only include part of the property that is included under 17. It's part of the same application. The only difference is the Planning Advisory recommended approval in those cases because there was discrepancy between the zoning atlas and the future land use map, and we're trying to have the whole property with the same land use designation and zoning designation, so we're recommending approval. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on these items, please come forward. Seeing none, hearing none, the public hearing is closed. Commissioner Spence -Jones. Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second on PZ.17. Mr. City Attorney, it's an ordinance. Jorge L. Fernandez (City Attorney): Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is adopted on second reading, 4/0. PZ.18 06-00357zc ORDINANCE Second 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-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. City ofMiami Page 104 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 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 (Version 2).pdf 06-00357zc CC Exhibit A.pdf 06-00357zc CC FR Fact Sheet.pdf 06-00357zc Submittal Sect. 163.335 FL. Statutes.pdf 06-00357zc CC SR Fact Sheet.pdf LOCATION: Approximately 1022 NW 1st Avenue [Commissioner Michelle Spence -Jones - District 5] 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 Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Haskins 12848 Chairman Gonzalez: PZ.18 is also a companion item. Anyone from the public that wants to speak on PZ.18? Seeing none, hearing none, the public hearing is closed. It's an ordinance, Madam -- Commissioner Spence -Jones: So moved. Chairman Gonzalez: Commissioner. We have a motion -- Vice Chairman Sanchez: Second. Chairman Gonzalez: -- and we have a second. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Jorge L. Fernandez (City Attorney): And also the covenant, as previously discussed, is to follow with this ordinance. City ofMiami Page 105 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Chairman Gonzalez: All right. Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. Lucia Dougherty: Thank you very much. Chairman Gonzalez: You're welcome. PZ.19 06-00618Iu 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 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 (Version 2).pdf 06-006181u & 06-00618zc CC Exhibit A.pdf 06-006181u CC FR Fact Sheet.pdf 06-006181u CC SR Fact Sheet.pdf LOCATION: Approximately 800, 810, 816 and 826 SW 7th Street and 720 SW 8th Avenue [Commissioner Joe Sanchez - District 3] 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 Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 106 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Regalado Absent: 2 - Commissioner Haskins and Spence -Jones 12849 Chairman Gonzalez: All right. PZ.19. Ye, sir. Roberto Lavernia (Chief of Land Development, Planning): 19 and 20 are companion item also. 19 is the request to change the future land use map for that piece of land that you can see in your map that is on the corner of Southwest 7th Sfreet and Southwest 8th Avenue. They own the property that is behind this, and they want to change it. We have been consistently requesting changes on the south side of Southwest 7th Sfreet due to conditions of the 8th Street and 7th Sfreet traffic, one-way only, and in order to provide the required parking for the businesses facing 8th Sfreet, so the recommendation in this case is for approval. Thank you. Chairman Gonzalez: All right. This is also a second reading. Is there any opposition to PZ.19 or PZ.20? All right. We see none. This is a public hearing. You want to put something on the record? Ines Marrero-Prieguez: Just very briefly for the record. Vice Chairman Sanchez: Very briefly. Ms. Marrero-Prieguez: For the record, my name is Ines Marrero, attorney with offices at 701 Brickell Avenue, on behalf of the applicants again. This item has been before you on first reading and received recommend -- unanimous approv -- recommendation of approval from Zoning Board and Planning Advisory Board. Any questions? You have a long agenda today. I like to keep it short. Vice Chairman Sanchez: So move, Mr. Chairman. Chairman Gonzalez: Thank you. All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed. We have a motion. Do I hear a second? Commissioner Regalado: Second. Chairman Gonzalez: And we have a second. It's an ordinance, Mr. City Attorney -- Maria J. Chiaro (Assistant City Attorney): An ordinance of the Miami -- Chairman Gonzalez: -- Madam City Attorney. I'm sorry. The Ordinance was read by title into the public record by the Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Spence -Jones, are you part of this one, which is --? Vice Chairman Sanchez: Yeah. City ofMiami Page 107 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Chairman Gonzalez: Yes. Commissioner Spence -Jones: I'm sorry. No, I'm not, I'm not a part of this one. Sorry. Ms. Thompson: OK. Commissioner Spence -Jones? Commissioner Spence -Jones: I don't have a vote on it. I actually had not seen -- I apologize. Chairman Gonzalez: All right. Ms. Thompson: Then Co -- Chairman Gonzalez: We had a motion. Ms. Thompson: Then Comm -- Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: Yes, ma'am. Ms. Thompson: The ordinance has been adopted on second reading, 3/0. PZ.20 06-00618zc ORDINANCE Second Reading 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 (Version 2).pdf 06-006181u & 06-00618zc CC Exhibit A.pdf 06-00618zc CC FR Fact Sheet.pdf 06-00618zc CC SR Fact Sheet.pdf LOCATION: Approximately 720 SW 8th Avenue and 800, 810, 816 and 826 SW 7th Street [Commissioner Joe Sanchez - District 3] City ofMiami Page 108 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 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. Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Regalado Absent: 2 - Commissioner Haskins and Spence -Jones 12850 Chairman Gonzalez: All right. PZ.20 is a companion item. Vice Chairman Sanchez: So move. Chairman Gonzalez: Once again, it's a public hearing. Anyone from the public that wants to speak on the item, please come forward. Seeing none, hearing none, the public hearing is closed. We have a -- Commissioner Regalado: Second. Chairman Gonzalez: -- motion -- Commissioner Regalado: Second. Chairman Gonzalez: -- and we have a second. It's also an ordinance, Mr. -- Madam City Attorney. The Ordinance was read by title into the public record by the Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3/0. Ines Marrero-Priegues: Thank you all very much. PZ.21 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 City ofMiami Page 109 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 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. 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 06-00261 SR Fact Sheet 09-28-06.pdf 06-00261 Submittal 09-28-06.pdf REQUEST: To Amend the Miami City Code APPLICANT(S): Joe Arriola, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on February 15, 2006 by a vote of 6-0. PURPOSE: This will amend the Miami City Code in order to modify the requirements for parking in the SD-8 special zoning district. NOTE: The Planning Department recommended substantial changes; therefore, this item returns to First Reading. Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones 12851 Chairman Gonzalez: All right. PZ.21. Lourdes Slazyk (Zoning Administrator): Yes. PZ.21 and 22 are companion items. Chairman Gonzalez: And they're also second readings. Ms. Slazyk: These are also second reading. We have a substitution on PZ.21. We had announced at first reading that the Department of Off -Street Parking was still calibrating the fees. This is the final draft of the substituted language. This has been recommended for approval by the Planning Advisory Board, the Planning Department, and again, second reading with a substitution, and we already have -- the City Clerk and City Attorney have copies. Chairman Gonzalez: All right. Do we have -- do I hear a motion? Commissioner Regalado: I'll move it and -- Vice Chairman Sanchez: Second. City ofMiami Page 110 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Commissioner Regalado: -- I just want to know the fees. Ms. Slazyk: The fees, OK, they're in here. It is $12, 000 for purchasing. There's a $1, 200 per space/per year, payable monthly. Vice Chairman Sanchez: Wasn't it 15? Ms. Slazyk: It was 15. It's now -- it's 12. Vice Chairman Sanchez: 12. Ms. Slazyk: Yes, and then they also went in and calibrated the rental spaces, that is, if you have a restaurant, you don't' necessarily need to buy all the spaces because the restaurant parking is more parking required than retail, and you want to have restaurant for some time, but you don't want to buy the spaces; you could do a monthly rental, and that's established in the ordinance, as well. Again, this is a parking trust fund ordinance for the Design District, very similar to what we already have in place in Coconut Grove. Commissioner Regalado: In the Grove. OK. Vice Chairman Sanchez: Now let me ask you, why haven't we looked into doing this citywide with all the problems that we're having with parking in certain areas, such as Allapattah, Little Havana, Little Haiti, all over? I mean, the entire city lot has a problem of parking -- Ms. Slazyk: Yeah. Vice Chairman Sanchez: -- so why haven't we decided to maybe explore the possibility of creating one citywide? Ms. Slazyk: OK. I think with -- there have been some discussions with Department of Off -Street Parking about it, but it would kind of have to be by district because the fees you collect would go back to the area you're collecting it for. I know -- Commissioner Regalado: It's about -- Ms. Slazyk: -- there have been other conversations about -- Commissioner Regalado: -- the money. Ms. Slazyk: Well, I'll let Art answer. Commissioner Regalado: It's about the money. OK I mean -- Vice Chairman Sanchez: Well -- Commissioner Regalado: -- the little stores on Southwest 8th Street, they cannot pay $12,000. Art Noriega: Yeah. Ms. Slazyk: But if there's not a demand in that area, then you'll never get a garage; people -- Commissioner Regalado: There is -- Ms. Slazyk: -- will be paying -- City ofMiami Page 111 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Commissioner Regalado: -- demand in that area. Mr. Noriega: Art Noriega, executive director ofMiami Parking Authority. This particular trust fund sort of resulted as a part of a feasibility study we did for the Design District. A bunch of years ago, we actually acquired a piece of property there and we're working on a garage. One of the sort of side recommendations a consultant made was you guys ought to really do a trust fund for this district, similar to what you did in Coconut Grove because it just fits, given the nature of the type of businesses. The problem we had in that area is specifically because it was very landlocked, and we sort of treated this one on a case -by -case basis. Now I know that, in Miami 21, we've had discussions about a parking component in terms of a fee in lieu of an increased height allowance, and it's something I've talked -- I've discussed a lot with the Miami 21 consultants, but this really is better suited to do district by district, and when you go into a specific area that has need, to do it citywide would be almost impossible because the fees are going to be different everywhere. I mean, like right now in Coconut Grove, our fees are drastically different from what they are here because we've established a balance already, but they've moved the fee up; we've moved the fee down. I mean we've adjusted over time. That trust fund's been in place almost 12 years, I think, now, so it's -- you know, it's had some -- it's -- you know, it's been very kind of flexible and fluid, so you almost have to go area by area to really do it right, and you just have to -- you'd have to determine a need and then go in there and work on a study and just analyze it. It's not overly complicated, but to do it a blanket one would almost be impossible. Vice Chairman Sanchez: You know, I just threw out some suggestions, whether they be, you know, certain areas or citywide. I mean, I don't think anyone here would -- will dispute that we don't have -- we do have a parking -- Commissioner Spence -Jones: A parking issue. Vice Chairman Sanchez: -- problem throughout the City, especially in areas that are frying to develop through economic vitality and economic development, and businesses that come in front of us here that can't find a parking space -- Mr. Noriega: I know. I know. Vice Chairman Sanchez: -- and there're variances, and then they have to create all types of inconveniences for businesses where you have to like talk to a business owner who might be a block away so they could let you use the parking lot at night because they're not using it, and you need valet, and it's just -- Mr. Noriega: No. I -- Vice Chairman Sanchez: -- you know, we've got to simplify the process -- Mr. Noriega: No. I -- Vice Chairman Sanchez: -- and not complicate it. Mr. Noriega: -- know. We have the issue -- we have the same issue along Coral Way, where we're -- that we have on 8th Street, which is very linear districts; that the parking overflow into the residential neighborhoods has been a huge problem, and so in those areas, you've got to treat it a little different, but those areas might be areas that might be very, you know, really almost perfectly suitable for something along this line -- Ms. Slazyk: For something like this, yep. City ofMiami Page 112 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Mr. Noriega: -- but it'd be just a linear instead of a square, which this one is. Vice Chairman Sanchez: I am going to pursue. I'm going to sit down with the City Manager, and possibly with you -- Noriega: Yeah, absolutely. Vice Chairman Sanchez: -- to fry to pursue that, because I figure we need to address the issue now before land continues to get more expensive and -- Ms. Slazyk: Yeah. Vice Chairman Sanchez: -- it may be out of our reach in the future. Commissioner Spence -Jones: And I just want to say, I know that this is a big issue that's happening for the Design District,• they're growing by leaps and bounds -- Ms. Slazyk: Yeah. Commissioner Spence -Jones: -- and now with projects coming to that particular area, you definitely need the overflow -- Ms. Slazyk: Right. Commissioner Spence -Jones: -- parking. I just had a question. I know that we neared a lot of this from the Coconut Grove, and I know we had a meeting regarding this issue, Art, and one of the questions I had was in the original one we did for Coconut Grove. There were some dollars out of that that went towards marketing the overall area. Did we exclude that as a part of this? Mr. Noriega: It's part in there -- it's in there. Commissioner Spence -Jones: OK, so there will -- some of those funds can assist with the Design Disfrict to help them market and -- Mr. Noreiga: Yeah. It -- Commissioner Spence -Jones: -- maintain the areas? Mr. Noriega: -- a lot -- it's almost word for word, a copy of the Coconut Grove trust fund along those lines. Commissioner Spence -Jones: OK. I just wanted to make -- Mr. Noriega: In terms of allocation -- how you can allocate the money -- Commissioner Spence -Jones: OK. Mr. Noriega: -- you can step out of just capital and do this. Commissioner Spence -Jones: OK. No problem. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed. We need a motion and a second. City ofMiami Page 113 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Vice Chairman Sanchez: So move. Priscilla A. Thompson (City Clerk): You already -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: There's already -- Chairman Gonzalez: We have -- Vice Chairman Sanchez: -- a motion and a second for the record. Ms. Thompson: Yes. Chairman Gonzalez: Was it? Ms. Thompson: Yes. Vice Chairman Sanchez: Yes. Chairman Gonzalez: There was? Ms. Thompson: Yes. Chairman Gonzalez: All right. All in favor, say "aye." Ms. Thompson: This is an ordinance. Maria J. Chiaro (Assistant City Attorney): An ordinance. Ms. Slazyk: An ordinance. Chairman Gonzalez: I'm sorry. It's an ordinance. Ms. Slazyk: It's an ordinance. Vice Chairman Sanchez: It's an ordinance. The Ordinance was read by title into the public record by the Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted, as modified -- Chairman Gonzalez: All right. Ms. Thompson: -- 5/0. PZ.22 06-00261a ORDINANCE Second Reading City ofMiami Page 114 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 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. 06-00261 a 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 06-00261a SR Fact Sheet 09-28-06.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. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones 12853 Chairman Gonzalez: PZ.22. Lourdes Slazyk (Zoning Administrator): PZ.22. Chairman Gonzalez: It's also a public hearing. Ms. Slazyk: Yes. This is the companion text amendment to the zoning ordinance that establishes the mechanism to go to the code and get into the trust fund. I have -- I just noticed one typo (typographical [error]) on page 2 of the legislation at the very bottom, 608.10.1. In the actual sentence, it says, 602.10.3. That should be 608.10.3. Chairman Gonzalez: All right. Ms. Slazyk: Because we merited it off of SD-2, inadvertently one of the SD-2 references stayed in there. Anyway, so there's a -- just a scrivener's error on page 2 of the legislation. Otherwise, this is second reading, and it's also been recommended for approval. Chairman Gonzalez: All right. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, the public hearing is closed. Is there a motion? Vice Chairman Sanchez: So move. City ofMiami Page 115 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. It's an ordinance. The Ordinance was read by title into the public record by the Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is adopted, with a correction in the scrivener's error, 5/0. PZ.23 06-01209zt1 ORDINANCE Second 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 06-01209zt1 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: 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 ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Haskins and Sanchez Noes: 2 - Commissioner Regalado and Spence -Jones 12852 Chairman Gonzalez: All right. PZ.23. City ofMiami Page 116 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Roberto Lavernia (Chief of Land Development, Planning Department): PZ. 23 and 24 are companion items. It's a change to Chapter 62, Article III, Section 62-63, entitled "Zoning and Planning Advisory Board," in order to change the requirement to have five affirmative votes for the majority of the present, and the next item, which is 24, is the same request for the Zoning Board. Thank you. Chairman Gonzalez: That was the sec -- that's also second reading, right? Mr. Lavernia: Yes, sir. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. Grace Solares: Good afternoon, ladies and gentlemen. My name is Grace Solares. I am the president of the Miami Roads Civic Association. When this first legislation, the proposal, came to you, I wrote a letter to you pointing out, one, there was no need for this type of legislation, and two, there were enormous problems with references to the drafting and the wordings. The City Attorney now has taken care of that and is -- has been corrected. However, I call your attention -- first of all, I'd like to ask, what's wrong with this ordinance as it stands right now that you need the -- you feel the need to change it the way it is? Because if you see here on one, two, three -- if you look at the ordinance as it is, as it's being proposed right now, on paragraph three, "whereas the City Commission decides to adopt or not adopt these same items by a majority vote of its members and the PAB (Planning Advisory Board) should not have a more stringent or different vote requiring than the City Commission, " is misleading, and I'll tell you why it's misleading. There're five of you representing five districts. Three of you is a majority of the disfricts. Three votes of the PAB, three votes of the Zoning Board, is a minority of the disfricts, and even less. For example, an issue comes before -- suppose that Hs. Haskins, OK, appoint two people from the Brickell Association -- from the Brickell area to her Planning Board and to her -- to the PAB Board or the Zoning Board, and an issue comes here from Ms. Spence -Jones area. I can assure you that, most likely, the people from the Brickell area will not know exactly how Liberty City looks, how Overtown looks, and then there'll be two votes that will be carrying a petition for a MUSP (Major Use Special Permit) of a recommendation to you, so if you have a quorum offive people, that's what you have. Three people would be the two Brickell people and one more. That means you will not have a majority of the district dictating. That is the reason why, ladies and gentlemen, the requirement for five votes are necessary, so there has been a -- Chairman Gonzalez: All right, ma'am. Ms. Solares: -- full representations of districts on a recommendation coming to the full Commission. Do you understand what I'm saying? Vice Chairman Sanchez: Yeah. Chairman Gonzalez: Yeah. Ma'am, you have exceeded your time. Ms. Solares: The gentleman for the vacancy -- for the -- sir -- the va -- the gentleman for the parking issue here took seven minutes. Chairman Gonzalez: But he had some -- Ms. Solares: I'd like to point -- Chairman Gonzalez: -- questions from the Commissioner. City ofMiami Page 117 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Ms. Solares: I would request, with all due respect, that you allow me to finish, sir. This is an extremely important issue for the voters of this city. Chairman Gonzalez: OK, go ahead. Ms. Solares: We find that -- Chairman Gonzalez: I'm going to allow you another two minutes. Ms. Solares: Thank you, sir. I find also that the new -- if you see the memorandum from the City Attorney to you, it tells you that, OK, it's going to be three minutes -- it's going to be three votes, the majority of it. However, when the issue is with reference to an interpretation of the zoning -- of a zoning ordinance pursuant to the Zoning Administration recommenda -- Administrator recommendation, then you're going to require five, so why, I ask you, we are going to then be faced with just a minority of the representations of all district when it comes to something that a bureaucrat, one of the people you pay, and a decision he makes, then it's going to be required five votes of any of those boards to pass? I've come here before and I've request -- I've closed requesting from all of you that I request that you don't do this. This time, I ask you, please, I beg you, don't do this. This is awful. Our sections -- our -- the citizens will not be represented on any vote, fully represented by a majority of the districts on a recommendation to you. Thank you so much. Chairman Gonzalez: Thankyou. Anyone else? Nina West: Nina West, 3690Avocado Avenue, Coconut Grove. I'm here on behalf ofMiami Neighborhoods United and its 23 member organizations. To a person, the communities are asking you to please observe the current ordinance. The current ordinance was put in place for community representation. We don't make the appointments, and you do. If your boards are not showing up, then -- and they miss their meetings, then we need to appoint new people. We have many, many good people who are willing to volunteer and serve on these boards and give up their time, and we would appreciate that you would enforce the current thing, rather than putting up with people who don't bother to show up and then say, well, because they're lazy, we're going to change the ordinance, rather than say, we're going to enforce community participation, and this is the opportunity for the communities to participate, and we would very much appreciate your keeping the board and the ordinance the way it is. Thank you. Chairman Gonzalez: Thankyou. Anyone else? Barbara Schindler: Barbara Schindler, 3 Grove Isle, Coconut Grove. I was elected twice by the people of Dade County to serve on the Community Council, the voice of the people who elected you. By opposing this ordinance, you will be diminishing the voice of the people who elected you, and we deserve better. Surely, you can choose people who are capable of justifying their appointed positions, people who will show up for the meetings. Perhaps, in the future, you should think about having this as an elective position, like they do in Dade County. When you're elected, you have more desire, more impetus to attend meetings than people who are appointed. I thank you for listening, and please, do not change the ordinance. Chairman Gonzalez: Thank you. Stan Baumann: My name is Stan Baumann. I live at 3525 East Fairview Street. I'm opposed to this ordinance. I feel that our representation is being eroded by lowering the number of people who have taken on the duty and the obligation of showing up at meetings and don't show up. I think that you're putting a Band-Aid on the problem. I feel that the main problem is getting dedicated people to do their job and to do what they promised they would do. If people don't City ofMiami Page 118 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 show up, get rid of them, and replace them with dedicated individuals that will show up, but to take it down to a minimum of three people voting for the rights and the protection of over 400,000 people, as far as I'm concerned, is a travesty. The -- Chairman Gonzalez: It's not a minimum of three people. It's a majority vote. Mr. Baumann: Excuse me? Chairman Gonzalez: What means is if there is five people sitting on the board -- Mr. Baumann: Right -- Chairman Gonzalez: -- the majority rules. It's like here. Mr. Baumann: -- but there are ten people -- Chairman Gonzalez: The five of us, three are majority, and three votes on an item -- Mr. Baumann: I understand that -- Chairman Gonzalez: -- and we -- with three votes, we approve ordinance and we approve -- Mr. Baumann: -- but three people is a minimum. Chairman Gonzalez: -- resolutions. Mr. Baumann: Three people is a minority. Chairman Gonzalez: Well, that might -- Mr. Bawmann: You have ten people -- Chairman Gonzalez: -- be -- Mr. Baumann: -- appointed to the board. If only five show up, then there's something really bad with your board -- Chairman Gonzalez: Well. Mr. Baumann: and the people that you have appointed to sit on those boards. I think that's the problem, and it should be fixed, and three people representing this entire city, it just doesn't seem equitable to me. Thank you. Chairman Gonzalez: All right. Thank you, sir. Judy Sandoval: Thank you. Judy -- Chairman Gonzalez: You're welcome. Ms. Sandoval: -- Sandoval, 2536 Southwest 25 Terrace. I just wanted to emphasize something that Grace Solares said because Michelle didn't hear it; she was out of the room, and it's about - - for instance, the PAB Board. I happen to know that -- I believe you only have one appointee on that board right now. We're waiting for someone else. Igo to all of those meetings, and one of the people who recently had to resign because he doesn't vote in the City ofMiami, the architect, Revuelta, he missed five meetings in a row, where he should automatically have not been on the City ofMiami Page 119 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 board anymore, but it points out situation exactly where -- and Grace explained this, but you weren't here -- you've got one rep, so you've got like half a vote compared to the others, and Mr. Regalado, who is my Commissioner, or Ms. Haskins, who is Nina's representative, could have an issue which with five people there -- and you only had maybe the one other person. Her two representatives could have voted in favor, and the other districts would not really be represented fairly, and that's why the difference between ten and five, Mr. Gonzalez, makes a big difference. Thank you. I hope you vote against the ordinance change. Chairman Gonzalez: Thank you. Barbra Lange: Hello. My name is Barbara Lange, and my address is 3495 Main Highway, Coconut Grove, and I wanted to thank all of you, first, for appointing such good people on our citizens' boards, and now that you've appointed such good people, I hope you keep the number to five. Thank you. Chairman Gonzalez: Thank you. Bruce Reep: Bruce Reep, 3530 East Fairview Street. First of all, these two boards, the Zoning Board and the Planning Board, they change major uses in our neighborhoods. State of Florida requires all municipalities to have -- before you all can make changes -- these boards, particularly zoning and planning. They're required by state code and state statute. What you are doing here, or what you're suggesting is that 3 -- 430,000 people that live in Miami, that we can't get ten good people to show up. We shouldn't be having people from Broward County. We shouldn't have people from other municipalities. You should have to live in Miami if you're going to be on the Board, first of all, and the second thing is the numbers don't work. When you say that -- why that -- apples and oranges. That's what's going on here. It's not the same comparison as the City Commission, and the reason is that, for those two votes, the purpose is that they represent us, the citizens. That's ten people out there hearing different opinions that you all don't get to hear, and they have all opinions of their own, and they're hearing what the community is coming in to be concerned when changes are going on in our neighborhoods, OK, and if you go off and limit it to just down three people, you've just eliminated 70 percent of the voices that could have been heard and hear -- have different points of view of why these changes, which are major uses in our neighborhoods -- and state law says you're supposed to be able to hear those voices. What you're doing here is quelling the voice of the people. It is not the same as you Commissioners. There's three -- three of five is a majority in your group. Three of ten -- and it doesn't matter how many show up. Get better people to show up. Don't limit our boards. Don't limit the people in our neighborhoods' voices. Thank you. Chairman Gonzalez: Anyone else? All right. Seeing none, hearing none, the public hearing is closed. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Comes back to the Commission. Yes, Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. I still don't understand why we're -- why are we discussing this issue. The poor people of the Planning Board, the poor people of the Zoning Board, they are being badgered here because they don't attend, butt have yet to see one meeting cancelled because of lack of quorum. I want to know how meetings of the Planning Board and the Zoning Board have been cancelled because of lack of quorum. My understanding is none. OK, so if we have quorum, what is the problem with what we have now? We're not stupid. I mean -- and I can speak because I know all these people -- all of these people here are more intelligent than me, and I don't think that I'm dumb. When we get a recommendation, it says here, Zoning Board, deny or failed to get the five requested vote. I understand that. That's no issue. The problem here is one of perception, and the perception is City ofMiami Page 120 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 really bad. We are creating a problem, antagonizing residents for nothing because there's never been a Planning Board cancelled for lack of quorum, not a Zoning Board meeting cancelled for lack of quorum, and what has not been said here is something that is not politically correct to say, but it is that this looks as if we are trying to help developers to come with a favorable recommendation to the City Commission. That's all that there is to it. It may not be -- the people that designed this may be geniuses and their figure out a way to make it simple, but it doesn't look right. It looks like they want, somebody, a favorable recommendation to come to the City Commission. Recently, we had a copy of the letters that were sent out to members of the Planning Board, Zoning Board, Miami Sports and Exhibition Authority, Orange Bowl Committee saying, thank you -- Chairman Gonzalez: Community -- Commissioner Regalado: -- very much -- Chairman Gonzalez: -- Relation Board [sic]. Commissioner Regalado: Community Relation Board [sic] -- but you are fired because you are not a City -- Chairman Gonzalez: A City resident. Commissioner Regalado: -- elector. You're not a -- no, elector, a City -- well, yeah, a City resident, and these people show -- even not living in the City, they show up, and I see the meetings through Miami TV (television). It's a bunch of people here. Someday, maybe one or two, is missing someday; one gets here late. I just don't understand. I think we have plenty of people that do want to serve in this board. I think it's a slippery slope, what we're doing here because then one day -- I mean, not one day. There was an idea that was floated, and that we rejected was an idea of the past Administrator, the City Manager, past City Manager, that we should consolidate the Zoning Board and the Planning Board in one board, and you know, so we can accelerate the process of the projects and all that. Wrong idea, wrong time, and it was rejected by this Commission. Chairman Gonzalez: But the Administration is still working in that idea of consolidating both boards -- Commissioner Regalado: Well, you know -- Chairman Gonzalez: -- in one board -- Commissioner Regalado: -- not with my vote because, you know -- Chairman Gonzalez: Well, not with my vote either, you know -- Commissioner Regalado: -- there is -- Chairman Gonzalez: -- and one thing that I said is that each one of us -- Commissioner Regalado: I know. I remember that we rejected it because -- Chairman Gonzalez: Right. Commissioner Regalado: -- the -- I mean, more people come to this City Hall for zoning and planning matters than for the budget. City ofMiami Page 121 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Chairman Gonzalez: Exactly. Commissioner Regalado: It is incredible, but it's the way it is. It's what impacts people in their daily life. People feel very strongly about that, and you know, I think it's wrong to change the rules. I -- you know what? If a person don't attend a board for -- on three times, the City Clerk will tell us, and at least, I would make the commitment to find another person. I will vote no, as I did on the first reading. I understand the logic of it, but it really looks bad, and I don't want to tell my colleagues what they should do, but you understand. We are -- we're not stupid. We understand when the recommendation comes negative that it's because five of five or three of three, or whatever. The fact of the matter is that the more people that we have making decisions for the resident, the better because -- Chairman Gonzalez: But the problem -- Commissioner Regalado: -- we have more -- Chairman Gonzalez: -- Commissioner Regalado, if you allow me. I don't think the problem is a problem of a lack of quorum on the meetings. The problem, as I perceive it, from some members of these boards is the fact that if they have seven members -- Vice Chairman Sanchez: That's it. Chairman Gonzalez: -- and they have a discussion on any items, and four members vote in favor or against, and the other three vote in favor or against, the majority of four doesn't win the vote because they are forced to have, of the seven, five, so that's not majority. Commissioner Regalado: No. I understand that, Mr. Chairman. Chairman Gonzalez: That's where the problem reside. That's where they, you know -- Commissioner Regalado: No. I understand that, Mr. Chairman, but my point -- and my point is that that scenario is written here when it comes to us, and we're supposed to read this in the backup on the day before, the -- two days before the meeting. We read this and we read the backup, and we understand. It's there. I don't -- to me, it's the perception -- sometimes it's bigger than reality. It looks bad. I understand. Maybe -- you know, maybe I'm wrong, and maybe a lot of people are wrong. I'm voting no. That's for sure, but -- Chairman Gonzalez: And let me tell you, in reference to the consolidation of the two boards, my only concern on that -- and that has been my concern, it's going to be my concern -- and let me tell you what my problem is. For years and years and years and years, the future, the present, and the past of some neighborhoods in this city were ruled by other neighborhoods, by some people with some wealth, with some position, with some -- those were the people that were governing all the neighborhoods in the City ofMiami, and while I've been a Commissioner, I've been fighting for my disfrict, and I'm going to continue to fight in my -- for my disfrict, and for the representation and the rights of the people of my district until I leave this Commission meeting, and even though -- after I leave this Commission meeting, I'm going to go back to do what I used to do before being a Commissioner. Go back to my community, continue to work in my community in the Chamber of Commerce and in the community -based organizations, and continue to fight for the people of my district, but the time where one group ruled the entire city is over, and people should learn that it is over because it's unfair because you know what? Allapattah is the second tax base of the City ofMiami. Allapattah contributes to support two-thirds of the City ofMiami, and it was neglected, abandoned, and mistreated for years and years and years. Not anymore. It's a new game in town, at least with me, and that's my position, and it's going to be my position while I'm sitting in this chair, and even after I leave this chair, it's going to continue to be my position because I love my disfrict. I love the people of my City ofMiami Page 122 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 disfrict. I put too many years working there, you know, walking under the sun, under the rain, working with the poor, with the elderly, with the neglected kids, with the kids that use drugs, many years working with those people, you know. I feel it inside my heart, and I'm going to fight for them as much as I have to and as long as I have to to make sure that their rights are preserved, and that they're treated equally in this city. Thank you. Commissioner Spence -Jones: Mr. Chairman, and that's what I -- Chairman Gonzalez: With that, I'm finished. Yes, ma'am. Commissioner Spence -Jones: -- love about you, Mr. Chairman. That's why I wanted to do a tour of your disfrict with you because that passion that you have for Allapattah is the same passion that I have for my disfrict, my whole district, and I have a very diverse district, so my -- I just want to add onto the point that Commissioner Regalado brought up, which I though that -- it gave me a different -- showed me a little different light on the situation, and of course, the presentations that the folks came out today to mention. If -- and I just want to understand, maybe from my colleagues on the dais -- the vote takes place with the PAB and it is a denial, for whatever reason, it still has to come back in front of us anyway, correct? Chairman Gonzalez: Oh, yeah, yeah. Commissioner Spence -Jones: So -- Chairman Gonzalez: Actually, we'll make the final decision. Commissioner Spence -Jones: -- we make the final decision, so Commissioner Regalado's point about if it does have to come back to us anyway, and based upon what the neighbors and residents are saying in the audience that at least you will allow for -- and one of the individuals made a very good point. I do only have -- it's very hard to get people to serve on these boards. I got to tell you that -- one person representing me on the PAB. I am trying to find someone else, butt have had a lot of issues over the last three or four months, where items, for whatever reasons, have had issues, and it's because I don't have an extra person on the board, and I don't have an extra voice sitting on that board letting people know what they want -- what -- or listening to the residents to see what they want to have happen within their particular community, so I do agree with the statements that was made, you know, by some of the residents that were out because, at the end of the day, having more than one person up there to communicate that message could have some sort of influence, so when Commissioner Regalado made the point -- and I understand what we're frying to do is we're frying to really at least bring a little bit more order to what we're doing with the PAB, but I think he made a very valid point. At the end of the day, we ultimately have to make the decision anyway, whether or not it's a denial or an approval, but at least we give our -- the folks that we recommend to be a part of the board the opportunity to have a voice, so I mean, on that end -- you know, at one time, I was looking at, oh, it's five of us on the dais, and it's usually three of us, and out of the three, then that's it, but when you -- when they presented it the way that they presented it today, you know, it just shined a different light for me. It allows for you to have more opinions on the matter, so it's -- it makes a lot of sense. I mean, if it's going to ultimately come back to us anyway, and we're going to have to look at it anyway, at least we allow the residents, the folks that we appointed, the opportunity to have a voice in the matter. Chairman Gonzalez: All right. Commissioner Haskins: I wanted to ask the City Attorney, is there a difference -- is there any impact on a vote of the Planning Advisory Board showing as -- say it was a 4/1 vote -- Vice Chairman Sanchez: It's a technical denial. City ofMiami Page 123 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Commissioner Haskins: -- and today it says it's -- Vice Chairman Sanchez: It's called a -- Commissioner Haskins: -- denied for -- Vice Chairman Sanchez: -- technical denial. Commissioner Haskins: -- a lack of getting five. Is there a difference, as an issue proceeds, between that and showing it as an approval, which this ordinance would do? Maria J. Chiaro (Assistant City Attorney): The difference would be that the record would indicate, if there were five votes, that there were a -- it comes to you with a recommendation of approval. If there are four votes, it comes to you without a recommendation of approval. Vice Chairman Sanchez: No. It comes -- Commissioner Spence -Jones: But it still sounds -- Commissioner Haskins: But is there any practical impact? Because when we get it today, we see, OK -- when -- you know, I mean, we're reasonable people. We get it today, and we see, OK, it was 4/1, so there were only five people at P -- Planning -- PAB that night, and it looks like the majority of the people there were in favor of it. It's denied 4/1, but we see that when we get the package. In this instance, it would now come as approved. Is there any real impact, if this went beyond the City ofMiami Commission and had to go to courts, is there any impact on the way a court would view it? Ms. Chiaro: Your review of the item that comes to you comes -- you make a decision based on the evidence presented to you. The evidence is that which is presented here, and then the recommendation ofyour Planning Department, and the recommendation ofyour advisory boards. If you have no recommendation from the advisory board or no recommendation for approval of the advisory board, it's a technical element that is not there, so you make your de -- it's a technical element, but nevertheless, a technicality. Commissioner Regalado: So you're doing that to protect us? Ms. Chiaro: Oh, I -- Commissioner Regalado: You are changing the rules to protect us? Ms. Chiaro: I -- Commissioner Regalado: That's a shield to have another technical element in case we're taking -- we're being taken to court? Ms. Chiaro: This ordinance comes to you as requested from the City Commission. This ordinance was prepared as requested by your Chairman to be prepared. Commissioner Regalado: No. I understand that. I understand that, but do you see --? You're saying that that is part of a technical -- well, also, anything can be part of a court case, you know, anything at all. I mean, ifI go out and talk to someone or mention that don't like to buy in certain store, you know whatl mean, then that could be a technical thing. I'm telling you, we're discussing something that is a nonissue because we still get the same information here, and we make the decision. Still, I have not heard one single -- pardon me -- intelligent reason to City ofMiami Page 124 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 have this change, and the only reason that I heard is that we need a favorable recommendation. Yes or no? Vice Chairman Sanchez: No. Chairman Gonzalez: No. I don't think so. Vice Chairman Sanchez: No. It could come as a denial. Chairman Gonzalez: I don't think so. Vice Chairman Sanchez: It could be either way. Chairman Gonzalez: It could be either way. Vice Chairman Sanchez: Right now -- Commissioner Regalado: No. I have not heard -- I have heard the word `favorable" -- Vice Chairman Sanchez: No. Commissioner Regalado: -- more times -- Vice Chairman Sanchez: No. Commissioner Regalado: -- than the word "denial." Chairman Gonzalez: Denial also. It applies both ways. Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: It applies both ways. Commissioner Regalado: No, no, because -- no. Chairman Gonzalez: Yeah. Commissioner Regalado: When -- no. Please help me on this one. No denial because when it doesn't get the majority for approval, it's automatically denial, so what you guys are looking -- Chairman Gonzalez: When -- Commissioner Regalado: -- in the Administration -- Chairman Gonzalez: -- if you don't get five votes -- Commissioner Regalado: It gets denied -- Chairman Gonzalez: -- in favor, it's denial. Commissioner Regalado: -- so that's my point. That's my point, that the whole purpose of this is because we need to get a favorable recommendation because, if you don't get five votes or four votes, or whatever, it shows here denied, so the only purpose to change all this and all this debate, which is very interesting, although it's boring because we don't have an issue here, but the whole thing is for us to get a favorable recommendation is the majority of the people sitting City ofMiami Page 125 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 here feel that they should approve it. That's -- look, I'm willing to give $5 to anyone who could tell me that this is not the issue here. Chairman Gonzalez: All right. We -- I guess we need to conclude the discussion because it's 4:45. We're about to enter into the budget process, so it's time to either bait -- fish or cut bait. Commissioner Regalado: Here we go. Chairman Gonzalez: Is there -- Vice Chairman Sanchez: All right. Chairman Gonzalez: -- a motion on this item? Vice Chairman Sanchez: I'm prepared to move the motion, if someone's willing to make a second for the purpose of discussion because I haven't discussed the item yet. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Haskins: Second. Chairman Gonzalez: -- and we have a -- Commissioner Haskins: Second for -- Chairman Gonzalez: -- second. Commissioner Haskins: -- purpose of discussion. Chairman Gonzalez: We have a motion and we have a second. Discussion. Vice Chairman Sanchez: On the issue, I am just looking for a true reflection of a majority vote -- Chairman Gonzalez: Exactly. Vice Chairman Sanchez: -- on the issue. Chairman Gonzalez: That's what it is. Vice Chairman Sanchez: The way it is set now, which I -- their concerns are some way valid, but the other side has the right also to make an argument against this. Right now you have nine members, plus an alternate, OK. Most of the time, if they cannot get five votes, automatically, it comes to the Commission on a technical denial, and that's not fruly the reflection of a majority -- Chairman Gonzalez: That's not. Of course not. Vice Chairman Sanchez: -- and if you're telling me that the members that sit on this board don't represent the entire City or don't care about the City, then let me know because I think that the people that are sitting there are very good people that care about the City -- Chairman Gonzalez: And they're very dedicated because they come to -- Vice Chairman Sanchez: -- and they're dedicated. Chairman Gonzalez: -- every meeting. City ofMiami Page 126 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Vice Chairman Sanchez: That's what I'm getting here. It's not about favorable or against -- Chairman Gonzalez: Unfavorable. Vice Chairman Sanchez: -- I just want to know the majority. Are they for it? If you could -- you know, if you have 4/3, that's a majority. If people don't show up to the boards -- Chairman Gonzalez: Well -- Commissioner Regalado: There is no other side. Chairman Gonzalez: All right. Commissioner Regalado: There is no other side. Where is the other side? The other side -- nobody knows who's the other side. Chairman Gonzalez: All right. Well, we have a -- is there any further discussion on the item? Vice Chairman Sanchez: No. No discussion. Chairman Gonzalez: All right. Madam City Clerk, why don't you do a roll call, please. Priscilla A. Thompson (City Clerk): We have to read the ordinance. Ms. Chiaro: Read the ordinance -- Chairman Gonzalez: OK. Read the ordinance, Madam City Attorney. Ms. Chiaro: -- and the first one relates to the Planning Advisory Board. The Ordinance was read by title into the public record by the Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Ms. Thompson: Roll call. Commissioner Spence -Jones? Commissioner Spence -Jones: No. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: Yes, ma'am. Ms. Thompson: Oh -- Chairman Gonzalez: And you had Commissioner Haskins. City ofMiami Page 127 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Ms. Thompson: Commissioner Haskins? Commissioner Haskins: Boy, this is a tough one for me because I just don't see the impact of this. I'm going to vote yes. Commissioner Regalado: You know, tell -- Vice Chairman Sanchez: All right. Commissioner Haskins: I don't see the impact of it. Commissioner Regalado: What did you vote? Vice Chairman Sanchez: What's good for the goose is good for the gander. A majority -- Chairman Gonzalez: Right. Vice Chairman Sanchez: -- vote is a majority vote. Chairman Gonzalez: Is a majority vote. Commissioner Regalado: What did you -- Vice Chairman Sanchez: Period. Commissioner Regalado: -- just vote? Jorge L. Fernandez (City Attorney): Yes. Vice Chairman Sanchez: Yes. Commissioner Haskins: Yes. Commissioner Regalado: You vote `yes"? Vice Chairman Sanchez: And it passes. Commissioner Regalado: OK. Ms. Thompson: So the ordinance has been adopted on second reading, 3/2. Vice Chairman Sanchez: Thank you. PZ.24 06-01209zt2 ORDINANCE Second 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. City ofMiami Page 128 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 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 06-01209zt2 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: 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 Sanchez, seconded by Commissioner Haskins, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Haskins and Sanchez Noes: 2 - Commissioner Regalado and Spence -Jones 12854 Chairman Gonzalez: All right. PZ.24 is the same thing, applying to the Zoning Board, right? Maria J. Chiaro (Assistant City Attorney): It does apply -- Chairman Gonzalez: To the Zoning Board. Ms. Chiaro: -- to the Zoning Board. I would -- Chairman Gonzalez: Go ahead. Roberto Lavernia (Chief of Land Development, Planning Department): Yes. It's the same thing for the Zoning Board. Chairman Gonzalez: It's the majority vote -- Mr. Lavernia: The majority of the Zoning Board. Chairman Gonzalez: -- applying it to the Zoning Board. Mr. Lavernia: Yes. Chairman Gonzalez: All right. This is also a public hearing. Anyone from the public that wants to speak on the item, please come forward. Seeing none, hearing none, the public hearing is closed. Ms. Chiaro: Mr. Chairman -- Chairman Gonzalez: We need a motion. Yes. Ms. Chiaro: -- I would like to point out to you that there is an element of the Zoning Code that deals with the requirement of five votes when there is an appeal from the decision of the Zoning City ofMiami Page 129 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Administrator interpreting the Zoning Ordinance, which is a very narrow element that is not covered by this change. It is a type of appeal for an administrative decision of the Zoning Administrator -- when the Zoning Administrator interprets the code, brings that to the Zoning Code. This amendment will not affect the requirement of five votes to overturn that decision. Vice Chairman Sanchez: Five votes. Well, we don't have them here now. Chairman Gonzalez: With an appeal. Ms. Chiaro: No. Chairman Gonzalez: No, no. Ms. Chiaro: I mean -- Chairman Gonzalez: No, no. Ms. Chiaro: -- with the change in the ordinance. Vice Chairman Sanchez: Oh, I'm sorry. Chairman Gonzalez: Change in the ordinance. All right. Do I hear a motion? Vice Chairman Sanchez: Motion for what? Chairman Gonzalez: For applying the same majority vote to the Zoning Board. Vice Chairman Sanchez: Oh, abso -- well, we only have three people here. Yes, absolutely. I move. Charles Flowers: Are you open to the public or not? Chairman Gonzalez: Yes. Mr. Flowers: OK. Again, Charles J. Flowers, 1000 Northwest North River Drive, Miami, Florida. Sir, whenever we have a short board -- I served, as you remember, on the Zoning Board -- Chairman Gonzalez: I know. Mr. Flowers: -- there are many times that we have been there 11, 12, 1 o'clock in the morning. When the vote come out four for and one against, the person still lose. It should be a majority win. Vice Chairman Sanchez: There you go. Chairman Gonzalez: There you go. Mr. Flowers: OK? It should be a majority win because that -- Chairman Gonzalez: And you served in that board? Mr. Flowers: I did. It was eight years there, sir, and it's very -- Vice Chairman Sanchez: Look -- City ofMiami Page 130 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Mr. Flowers: -- hard -- Vice Chairman Sanchez: -- what's good for the goose -- Mr. Flowers: Is good for the gander. Vice Chairman Sanchez: -- is good for the gander. Mr. Flowers: I agree. Vice Chairman Sanchez: What's fair for one side is fair for the other -- Mr. Flowers: I agree, I agree. Chairman Gonzalez: That's right. Vice Chairman Sanchez: -- but apparently, some people -- Mr. Flowers: Majority win. Vice Chairman Sanchez: -- think that it's not -- you know, it could be fair for me, but it can't be fair for you, and that's -- Mr. Flowers: Yeah. Chairman Gonzalez: Right. Vice Chairman Sanchez: -- what I don't agree. Chairman Gonzalez: That's right. Mr. Flowers: Yeah. Chairman Gonzalez: Thank you. Judy Sandoval: OK Mr. Flowers: I just wanted to make that statement. Chairman Gonzalez: Thank you. Yes, ma'am. Ms. Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I would like Ms. Haskins to pursue her line of questioning of the attorney further because I have heard, and not being a lawyer, I don't know exactly, but that when a decision by the City Commission is appealed or is brought to court by people who disagree with their decision, that the finding that is on record of an approval by the PAB (Planning Advisory Board) and the Zoning Board is very important to the City Commission. It's in their favor. Commissioner Haskins: And Judy, that's exactly what I was trying to ask, and I heard the answer was it had no impact. Chairman Gonzalez: Exactly. Commissioner Haskins: That's what -- City ofMiami Page 131 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Ms. Sandoval: That's not true. I mean -- Chairman Gonzalez: It has no impact. Ms. Sandoval: -- it should be looked into further, and I believe, and many of us agree -- Commissioner Haskins: Because I have -- Ms. Sandoval: -- with me -- Commissioner Haskins: -- a real different opinion if it does impact it. Ms. Sandoval: Of course, and it should be pursued, and you should find out, and it should be out in the open, and I -- I'm not asking for the attorneys to give a spontaneous opinion about that. I think it should be looked into with great depth because this is very important that this be understood by the public, and the Commission, and by you because you raised the question. Vice Chairman Sanchez: But Judy, this does not interfere with that due process. They could take it to court. It doesn't interfere with -- Ms. Sandoval: But then it's out -- Vice Chairman Sanchez: -- that due process. Ms. Sandoval: -- ofyour hands. The decisions are made -- Chairman Gonzalez: It always -- Ms. Sandoval: -- in City Hall -- Vice Chairman Sanchez: Based -- Ms. Sandoval: -- but a judge is going to make decisions -- Vice Chairman Sanchez: -- on the -- Ms. Sandoval: -- based on all of the -- Vice Chairman Sanchez: -- foundation -- Ms. Sandoval: -- evidence. Vice Chairman Sanchez: -- based on the foundations of this great nation of ours -- it's a democratic process, based on majority. Majority. I go up for an election, right? Fifty-one percent is what I need to get elected by the people. There's always a majority to get things done. It's based on -- Ms. Sandoval: I'm not talking about a -- Vice Chairman Sanchez: -- the majority. Ms. Sandoval: -- majority, Joe. It's about what the judge is going to do with -- Jorge L. Fernandez (City Attorney): Let me -- City ofMiami Page 132 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Ms. Sandoval: -- all this evidence. Mr. Fernandez: -- tell you what a judge would do. Having been in court for the last 25 years, the court looks at the decision of this body, and the court looks to make sure that you have made your decision on competent substantial -- Vice Chairman Sanchez: Evidence Mr. Fernandez: -- evidence in the record. Chairman Gonzalez: In the record, right. Mr. Fernandez: What is in the record? Testimony, evidence, reports that you get from your public as it appear in fronts -- in front of you, and also from the packet of materials that you have in front of you. That's all part of the record, but what judges do not consider, judges do not weigh whether the vote on the Planning Commission was 4/1, for or against. They only look at your vote and at your decision. The only binding decision -- and the appeal is made from the decision of the City Commission, not from the decision of a previous board. Chairman Gonzalez: Of course. Mr. Fernandez: Those decisions come to you as advisory in nature. Now the Zoning Board, oftentime [sic], makes jurisdictional decisions, and you deal with them on an appellate basis. You just change your ordinance so that even decisions from the Zoning Board are heard by you de novo. Remember, there was a period of time there when you had to sit as appellate judges because we had something in our ordinance that didn't read right. We corrected that, so even appeals from the Zoning Board come to you as de novo, and it is your decision, not the decision of a prior under -- or below you board would have made. Chairman Gonzalez: Thank you. Commissioner Haskins: Jorge, do you think that that is -- that the fact that our -- the decisions used to not be de novo or the hearings, that would have had -- the vote of the lower board would have had more weight then in further action? Mr. Fernandez: Yes. At that point in time, particularly from the Zoning Board, but you've cured that. Commissioner Haskins: OK, so -- OK. I -- Commissioner Spence -Jones: Mr. -- Commissioner Haskins: -- it's -- Chair Spence -Jones: OK. Commissioner Haskins: -- important. I mean, this is an important issue, and what has been explained to me all along is that it's the decision of the Commission that is the -- Mr. Fernandez: Correcto. Commissioner Spence -Jones: And I guess, Mr. Chairman, I just want to make one -- oh, I'm sorry. We have to let -- the public goes first? City ofMiami Page 133 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Bruce Reep: Yes. Commissioner Spence -Jones: I'm sorry. Chairman Gonzalez: Yes, sir. Mr. Reep: I wasn't finished. Bruce Reep, 3530 East Fairview Street. Maybe I didn't -- I'm sorry. I was a little emotional before and got left. I didn't finish explaining a few things. One of the things -- reason the state statutes and codes requires planning advisory boards and zoning boards is that you all, as a quasi judicial group, have the effect of changing our lives drastically and our neighborhoods, so the planning board and zoning boards change maps that are required by the state of Florida, comprehensive neighborhood maps. They change zonings, and they change variances. These are all changes in our neighborhoods, little R-1 neighborhoods, and we, as taxpayers, can't be down here for your Commission meetings always. You didn't see a whole lot, but I'll promise you, you'll see big groups at the PAB meetings because they're on into the evenings, not that yours don't go into the evenings, but lots of the times when these zoning issues are heard before you, our only change is that exfra month, 30 days in between, between your meeting and the Planning Board meeting, which have been getting waived lately by our CityAttorney's Office, as well as the span of time between the Zoning and Planning Board meetings. This gives us a second or a third chance as citizens and neighbors to get our word heard of what effect in your -- our lives, our values of our properties, the quality of our lives. This is a reason, on a state level, it is required to have these two boards, and we're asking you not to lessen it, and there's a reason they gave you a five majority. All the other counties and municipalities have five as their minimum, and why you need to keep it, and it's to allow us - - so when you're doing a major change to our life, you're changing things that are different in our neighborhoods, we have the right to be heard, and not just by you because not all of us can get here. We got to pay those taxes and those new insurance rates. We can't be here. That's why this room is empty because everybody's at work. We can't be down here, so these other boards are our opportunities, and by you having to listen to those two other people -- and yeah, I hope you do get your other person soon -- by you listening to them, you get the opportunity to hear the other opinions of a larger group, and it's only ten in each group, but by denying that, you're denying us our democratic rights of hearing those opinions. Commissioner Haskins: Can I --? I think -- Chairman Gonzalez: Thank you. Commissioner Haskins: -- I understand -- I mean, I'm not sure that understand. We're people sitting up here, and when we get these packages, OK, we see what the vote was, and as human beings, if we see that there were five people there and four voted in favor and one against -- Mr. Reep: You see that. Commissioner Haskins: -- even though it says -- and it says failed -- Chairman Gonzalez: Failed. Commissioner Haskins: -- due to lack of getting five because it was a majority vote yes. I look at that and I say, well, gee, PAB must have liked it pretty well, right? When I see the -- you know, I mean -- so we're human beings too, so I don't think we're lessening their -- I don't know how -- Mr. Reep: The concept to -- Commissioner Haskins: -- we're lessening them. City ofMiami Page 134 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Hr. Reep: -- us, as citizens, frying to protect our homes and our neighbors against most changes are developers not decreasing density, it's increasing density in our neighborhoods, and that's what matters, are the -- Commissioner Haskins: But -- Hr. Reep: -- changes in our lives. Commissioner Haskins: -- that's not a decision -- that's not a final decision at the PAB level at all. Mr. Reep: No, it's not, but it's -- Commissioner Haskins: It's a decision here. Hr. Reep: -- recommendations to you, and what we see is now, they'll be able to come in and say, hey, we got approved, only three votes, only three. Those three people may not even live near our neighborhood. By having five, you have a consensus of what the board is, not the people present that night, but of your board of your city, and by -- in this way, it's not a board; it's a board of three in the end, and -- Commissioner Haskins: But it's not really because -- Hr. Reep: Well, ifI -- Vice Chairman Sanchez: Vote it (UNINTELLIGIBLE). Commissioner Haskins: -- if the other five didn't show up or the -- Chairman Gonzalez: Right. Commissioner Haskins: -- other four didn't show up, then I don't know what their -- Hr. Reep: Then you didn't -- Commissioner Haskins: -- the consensus of -- Hr. Reep: -- then we need to select better board -- Commissioner Haskins: -- the whole board is. Hr. Reep: -- then we need to select more -- better people who will show up, don't we? Commissioner Haskins: Now that -- Chairman Gonzalez: Right. Hr. Reep: And not -- Commissioner Haskins: -- I can -- Hr. Reep: -- from other counties. Commissioner Haskins: You know, I understand -- City ofMiami Page 135 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Mr. Reep: OK. Commissioner Haskins: -- that. Chairman Gonzalez: That is not a fair statement. Mr. Reep: Thank you. Chairman Gonzalez: That is not a fair statement. Commissioner Spence -Jones: Mr. Chairman, again -- Chairman Gonzalez: OK. Just a minute. Let me -- Commissioner Spence -Jones: Sure. Chairman Gonzalez: -- finish the public hearing. Anyone else from the public that wants to speak on the item? Yes, ma'am. Nina West: Nina West, 3690 Avocado Avenue, Coconut Grove. Going back to the planning issues and the zoning issues, and those kinds of things, the -- we can fill up these boards with people who show up. The people would like their opportunity to speak. As Bruce said, they can't come in the daytime. I have a peculiar job, so I can get here. Although, I was not here in July for when things were first read because I had to work, so what the people want is the opportunity to make their arguments in a public setting, and they would like to be fairly represented. One -- well, look at this. Right now you have five people showing up, and it'll be three. You lower that down to five, who says we're not going to have four people at these boards, or three? Because we only need five and three to make the majority. I think we ought to go and give the people the opportunity for their public forum. I don't see any reason why we shouldn't. Your City Attorney tells us it's not a detriment to this board, and the only thing that I can see is that, perhaps, the attorneys who are opposing the public, who shows up in droves at these meetings, doesn't want to be bothered hanging out for that. Let's get right to the City Commission, so for the people, it's a very, very difficult thing, and this is a very sensitive issue with us, but the way you discuss it, that we only do this and we only do that, and it doesn't matter and it doesn't matter, makes it seem, as our Commission, is insensitive to what we are asking for, and we're asking for a forum, which is now in the evening, which is filled with people, and also, you have to remember that when these people come to the neighborhoods and they make arguments, even though you represent a district, each one of you can only live in one neighborhood of your district, so -- you live in Coconut Grove, but not Belle Meade or Morningside. You have an idea of Morningside and Belle Meade, but if you've never lived there, you don't see it the way those people do. It's the Chairman Gonzalez: All right. Ms. West: -- same thing -- Chairman Gonzalez: Thank you. Ms. West: -- in Michelle's district, where the districts are very -- Commissioner Spence -Jones: Diverse. Ms. West: -- the neighborhoods are very varied. City ofMiami Page 136 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Commissioner Spence -Jones: Diverse. Ms. West: Thank you. Chairman Gonzalez: Thank you very much. Sue McConnell: I'll be brief. Sue McConnell, 3090 Virginia Street, Coconut Grove, Florida. I'm just confused on a few issues, and it seems like you all are too. Maybe we need clarification on this, but if you have two appointees for each district, and say your two appointees are not here that one night, other people may not be familiar with your district enough to make a decision on it. I know some of them ride early. They check out the sites and that sort of thing. I definitely think that if it's not clear for everyone up there, maybe you need to defer it. That's my suggestion. Thank you. Chairman Gonzalez: All right. Yes, ma'am. Barbara Schindler: Barbara Schindler, Grove Isle. By approving this ordinance, you are diminishing the voice of the people who elected you. We elected you hoping that we would have a voice. You're taking it away from us. One man talked about democracy, Mr. Sanchez. What kind of democracy is that when you take away the voice of the people? It's not a democracy, and we don't deserve to be treated this way. We don't deserve it. Chairman Gonzalez: Thank you. All right. Yes, ma'am. Grace Solares: May I? Only going to address you, Ms. Haskins. I've met with you on other occasions in your office with other issues, which I've requested a meeting with Commissioner Sanchez, and he has given me a couple of questions. You're a very smart lady. I came with that impression the day that I met with you. This is a issue of representation. The -- I don't have the documents right in front of me, but the ordinance says something to the effect that -- well, if the City Commission has three people who will pass, why wouldn't it be the same thing for the PAB? Very -- the very reason for that not to happen is because three of you represent the majority of the disfricts of this city. Three people of a PAB or a Zoning Board represent -- could represent only two districts, so the minority of the disfricts will be recommending whatever it is that they're going to be recommending to you guys. That is not representation -- full representations of the citizens of this city. That is my point, why five are requested in the present ordinance because those who thought to write it that way knew that in order to have a fair vote, you had to have coming to you a vote from a full representations of the disfricts. That's my point when I presented it before. This is a point that I represent now again. I'm sure you're understanding me, and on the issue of the Zoning Board, the -- Commissioner Haskins: Your point is that with five, you're representing -- you have representation of at least three districts. Ms. Solares: Five -- Commissioner Haskins: Three of the five. Ms. Solares: Right now -- Vice Chairman Sanchez: Yeah. Commissioner Spence -Jones: Yes, you do. Ms. Solares: -- three of -- City ofMiami Page 137 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Commissioner Haskins: Apologize. I was at an MPO (Metropolitan Planning Organization) meeting, and I came in late and had to get something, so I missed -- Ms. Solares: If you -- Commissioner Haskins: -- your arguments. I'm sorry. Ms. Solares: Yeah -- require three votes of those five -- and suppose that you have the five of quorum. You have the quorum; you begin, and then two of the individuals get up because they need to go something -- to do something, and the three are here, and the vote comes. Out of those three, you're going to have two votes, so the possibility of one district voting for the entire thing can come to you. They haven't left the dais. They're getting a Coca-Cola somewhere and then coming back immediately. The last time that this issue came before you guys, Mr. Sanchez was the movant, but at the time of voting for it, Mr. Sanchez was not here. Vice Chairman Sanchez: But I'm here now. Ms. Solares: I understand, but I'm frying to make the analogy of not having the quite amount of people. However, the City Attorney has an answer for me on this one. Chairman Gonzalez: Mr. City Attorney. Mr. Fernandez: No, I do not have an answer for the speaker, butt want to refocus your attention, and I want you to be able to see through the argument. All of the references to district and district representation, and frying to defend the existing ordinance on the basis of that, when this ordinance passed, districts were not in existence, ma'am. The Commission voted -- Vice Chairman Sanchez: Citywide. Mr. Fernandez: -- as a block, and they did not represent districts. They ran at -large from the entire City, so that argument in itself and the argument of representational capacity that members of the board have, really, was not part of the original intent of the existing ordinance that you're amending today, so you need to remain focused on the issue in front of you, and I recommend you move forward, Mr. Chairman, with a vote. Chairman Gonzalez: Thank you, sir. Yes, ma'am. I need to -- we need to conclude (INAUDIBLE). Commissioner Haskins: Let me ask you. Is there a requirement that the members of the board be -- of the -- this board be two from each district? Mr. Fernandez: No. The only requirement for the Planning and Zoning Board is that they be electors of the City ofMiami, but you may appoint someone that lives in Commissioner Spence -Jones district, if you choose. Chairman Gonzalez: Right. Mr. Fernandez: You may appoint someone -- as long as they reside and vote in the City of Miami, there is no requirement that your appointees be members or reside inside that district. Chairman Gonzalez: All right. Mariano. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street. I agree with the change that the City Commission and the Manager wants 'cause -- but what say the main thing there is to appoint to the boards -- City ofMiami Page 138 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Unidentified Speaker: Right. Mr. Cruz: -- people that go to the meetings. Vice Chairman Sanchez: Exactly. Mr. Cruz: You got so many excuses, whatever, bad excuses, then you're out. You don't get excuses because many times there are no meetings because a lack of quorum. It happen in many boards. Some people want to get appointed just to -- for it to look good on their resume. I am a member of the City Commission Planning Advisory Board or whatever, and that's it, because don't tell me about the district because I haven't seen anybody from any board going to Allapattah to check any zoning change or anything. I haven't seen anybody there checking thing here. People here -- the members of the board, they are sway by the lawyers and by some of the public here. That's it. They don't go there to the neighborhood to check everything -- Chairman Gonzalez: That's right. Mr. Cruz: -- so -- yeah. That's it. Thank you. Chairman Gonzalez: All right. Thank you. All right. This concludes the public hearing. You want to speak? Unidentified Speaker: Yeah. Chairman Gonzalez: Come on because I don't anybody saying that denied them the right to speak. Luis Herrera: My name is Luis Herrera. I am the president of the Vizcaya Homeowner Association. Chairman Gonzalez: OK. Mr. Herrera: After I heard about all the discussed, OK, I want to bring some point to you because you are the Commissioners of the City ofMiami. (UNINTELLIGIBLE) they said by the law, we need both party to represent whatever is because (UNINTELLIGIBLE). I believe whether we are the citizen, voting people, majority, and we asking you to keep the same way that we had before the people voting in the board, so when that board present that paper to all of you, you know already the people -- they vote against it or approve it, either way, so you got a chance to look at it, and then heard us what do we want, and I'm thinking you people decide what is supposed to do. Now changing the rule now or changing the people be in the board, that's not good for the city, can't be for the neighbors; against the neighbors, and that's not good for us. The lawyers over here cost a lot of money to the building people, all right, and we are against, and we don't (UNINTELLIGIBLE). We have to be support our house. We try to keep our house (UNINTELLIGIBLE) we live, all right? Why you people they not letting us to supporting? We vote 'em. We put you all in there. We need you support. That's what we want. Chairman Gonzalez: Thank you. Mr. Herrera: Thank you. Chairman Gonzalez: All right. Yes, sir. Angel Urquiola: Good evening, member of the (UNINTELLIGIBLE). My name is Angel Urquiola. I am member of the Zoning Board. I came tonight because I know you, all the City ofMiami Page 139 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Commission, the Manager, everybody know the trouble we have in the board about how many vote we need to get the resolution. We have to have five member, but we have a problem, like Mr. Cruz said. A lot of the members doesn't come to the board, and this last month and two last month, we have about eight or eleven cases where we don't have enough vote to pass our resolution because -- Chairman Gonzalez: Right -- Mr. Urquiola: -- (UNINTELLIGIBLE) 3/4. Chairman Gonzalez: -- but you -- Vice Chairman Sanchez: And they would have passed -- Chairman Gonzalez: -- you're saying on the last -- Mr. Urquiola: OK. Chairman Gonzalez: -- two or three meetings, and you know what the reason is? The reason is that someone decided that there were people sitting on the boards that should not be sitting on the boards, and the City Attorney and the City Clerk sent a memo removing a whole bunch of people from the different boards of the City ofMiami, so now you're going to be lacking quorum in probably most of the boards -- Urquiola: OK, (UNINTELLIGIBLE). Chairman Gonzalez: -- until each one of us find people, first of all, that live in the City ofMiami Vice Chairman Sanchez: That want to participate. Chairman Gonzalez: -- that are voters, and -- Commissioner Spence -Jones: That want to do it. Chairman Gonzalez: -- that want to serve. Vice Chairman Sanchez: Want to serve. Mr. Urquiola: OK. Chairman Gonzalez: We need to find those three -- and you know, and they say there are thousands of people here that want to serve on the boards, but let me tell you, I served on the Code Enforcement Board for three years -- Urquiola: I know. Chairman Gonzalez: -- and many, many times people didn't show up, and they were sent home. Another person was appointed; that person never showed up, and another person was appointed, and that person never showed up. It's not easy to find people, like yourself and like Mariano Cruz, that are dedicated, that come to every single meeting, and that stay here until 1 a.m. in the morning, if need be, in order to do what you're supposed to do. Mr. Urquiola: OK. My question is, why we need five vote? Why you -- remember, you had the power to make a resolution and leave it the majority vote, like your Commission say? City ofMiami Page 140 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Chairman Gonzalez: That's what we're doing. Vice Chairman Sanchez: That's what we're doing. Mr. Urquiola: Oh, you doing -- Chairman Gonzalez: That's what we're doing. Mr. Urquiola: -- already? Vice Chairman Sanchez: That's what we're doing today. Chairman Gonzalez: Yeah. Mr. Urquiola: OK, because really, we need it -- Chairman Gonzalez: That -- you, sir. Mr. Urquiola: -- because we have (UNINTELLIGIBLE) with the people because some times we have (UNINTELLIGIBLE) people, neighbors -- Chairman Gonzalez: That's what we're doing. Mr. Urquiola: -- and see -- Chairman Gonzalez: We're trying to change it -- Vice Chairman Sanchez: And the majority -- Chairman Gonzalez: -- to a majority vote. Vice Chairman Sanchez: -- works both ways -- Chairman Gonzalez: Both ways -- Vice Chairman Sanchez: -- for or against. Chairman Gonzalez: -- against or in favor. Mr. Urquiola: OK. Yeah, for or against, doesn't matter. Chairman Gonzalez: Right. Mr. Urquiola: No, no, no, no. Chairman Gonzalez: Right. Mr. Urquiola: I don't -- I never asked you for the favor, both sides, against or in favor, but majority vote -- Vice Chairman Sanchez: Yeah. Mr. Urquiola: -- (UNINTELLIGIBLE). City ofMiami Page 141 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Chairman Gonzalez: Right. Thank you. Mr. Urquiola: OK. Thank you very much -- Chairman Gonzalez: Thank you very much. Mr. Urquiola: -- for listening to me. Chairman Gonzalez: All right. I'm closing the public hearing; bring it back to the Commission. Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Yes -- Chairman Gonzalez: All right. We have a motion from the Vice Chairman. Yes. Commissioner Spence -Jones: I just wanted -- I did have a comment. I was waiting for the public hearing part of it -- Chairman Gonzalez: Yes, ma'am. I'm sorry. Commissioner Spence -Jones: I -- Mr. Chairman, I guess the biggest thing for me was -- when we're discussing this item, it comes back to if -- whether or not it's denied or approved, it's still coming back in front of us. What difference does it make? I mean, at the end of the day, if it's going to -- Chairman Gonzalez: Well, what happened is that some members of -- let me tell you. I got this from some members of the boards. They feel disappointed or they feel bad that, like they say, sometimes they come here at 7 o'clock at night, and it is 1 a.m. in the morning, and they are still here hearing cases -- Commissioner Spence -Jones: Right. Chairman Gonzalez: -- and there are seven members, OK? Commissioner Spence -Jones: Um -hum. Chairman Gonzalez: Four vote in favor of the item or against the item, and the other three vote in favor or against, whichever, OK? Well, the majority doesn't win, so that person has been sitting in here for six hours, OK, frying to get something accomplished, and because he didn't got -- even though he was on the majority side, because he didn't had five more with him or four more with him, you know, he wasted his time. Those are the concerns and those are the feelings that I have heard from some members, and now you have Mr. Urquiola, who's a member of the Planning Board -- Mr. Urquiola: Zoning. Chairman Gonzalez: -- that is expressing the same concern, you know. It should be a majority vote, and that's how some of the members of the boards feel about it, that they should vote the same way that the Commission votes; majority of the Commission votes on an item, item passes. Majority of the board votes against, it doesn't approve; in favor, it approves, but it should be a majority vote. That's what their concern is. Commissioner Spence -Jones: But no matter what, it still comes back in front of us? City ofMiami Page 142 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Chairman Gonzalez: No matter. Exactly. No matter. Vice Chairman Sanchez: All right. There's a motion. Chairman Gonzalez: All right. We have a motion. Is there a second? Is there a second? All right. We have a motion and we have a second. It's an ordinance. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, Madam City Clerk. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Spence -Jones? Commissioner Spence -Jones: No. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Commissioner Haskins? Commissioner Haskins: Yes. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: Yes, ma'am. Ms. Thompson: The ordinance is adopted on second reading, 3/0. Chairman Gonzalez: All right. We need -- Ms. Thompson: I'm sorry, I'm sorry. Chairman Gonzalez: -- to -- Ms. Thompson: It's 3/2. Vice Chairman Sanchez: 3/2. PZ.25 06-00846Iu 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 10 AND 20 NORTHWEST 32ND COURT, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "MEDIUM -DENSITY MULTIFAMILY RESIDENTIAL"; 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 143 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 06-008461u - PAB Fact Sheet.pdf 06-008461u - Analysis.pdf 06-008461u - Concurrency Report.pdf 06-008461u - Comp Plan Map.pdf 06-008461u - Zoning Map.pdf 06-008461u - Aerial Photo.pdf 06-008461u - PAB Legislation.pdf 06-008461u - Application Documents.pdf 06-008461u - Analysis (Revised).pdf 06-008461u - Concurrency Report (Revised).pdf 06-008461u PAB Reso.PDF 06-008461u CC Application Pages 3, 4 & 5 Replacement.pdf 06-008461u CC Legislation (Version 2).pdf 06-008461u & 06-00845zc CC Exhibit A.pdf 06-008461u CC FR Fact Sheet.pdf 06-008461u CC SR Fact Sheet.pdf LOCATION: Approximately 10 and 20 NW 32nd Court [Commissioner Tomas Regalado - District 4] APPLICANT(S): W. Tucker Gibbs, Esquire, on behalf of Floridean Realty, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 21, 2006 by a vote of 7-0. See companion File ID 06-00846zc. PURPOSE: This will change the above properties to Medium -Density Multifamily Residential. Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Haskins Chairman Gonzalez: All right. We're ready to resume the City Commission of September 28, 2006. Madam City Clerk, I need -- I think we need to do a swearing in of the people that are going to speak on the record. Priscilla A. Thompson (City Clerk): If there are any individuals inside the room that will be speaking on any of the P&Z (Planning & Zoning) issues, we need you to please -- I'm sorry -- and you were not sworn in this morning -- stand so that we can swear you in. If you've not been sworn in, I need you to please stand, raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chairman Gonzalez: All right. Let's -- we have PZ. 5, which is a variance. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, sir. City ofMiami Page 144 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Commissioner Regalado: There is an item in District 4. It's really noncontroversial. When you have a chance, if we can -- Chairman Gonzalez: 25 and 26? Commissioner Regalado: -- just take it. 25. Chairman Gonzalez: 25? 26 is a companion, right? Commissioner Regalado: Yeah, yeah. Chairman Gonzalez: All right. You want to take that now? Commissioner Regalado: Yeah, if you could. Chairman Gonzalez: All right. PZ.25. Is there any opposition on PZ.25? All right. This is a public hearing. Anyone that wants to speak on PZ.25, please come forward. Seeing none, hearing none, the public hearing is closed. Commissioner Regalado. Commissioner Regalado: Yeah. This is a nursing home that has acquire a small property next to them in Flagler and 32nd Court. You know, having had all the problems that we had had with the ALF (Adult Living Facility), this property is an example because it takes good care of -- and so we have Tucker here. When I saw this, I said -- oh, by the way, Tucker has jumped the fence, but no, he's defending the -- he's defending a good thing. Chairman Gonzalez: It is a good program. Let me tell you, I was telling the Commissioner, I just had my brother-in-law admitted in there for a month -- Tucker Gibbs: Oh. Chairman Gonzalez: -- and I was visiting there almost everyday, and you know, and they're good neighbors, and they keep the property very clean, you know, and very orderly, so it's a good program, good program. Mr. Gibbs: Thank you very much. I appreciate it. Chairman Gonzalez: Yes, sir. Commissioner Regalado: So I -- I mean, if you want to put something on the record. Chairman Gonzalez: Yes. Roberto Lavernia (Chief of Land Development, Planning): We'll present the item because we're recommending approval for the land use and zoning change, the companion item. Commissioner Regalado: OK. Mr. Lavernia: On both cases. Commissioner Regalado: Mr. Chairman, I move PZ.25 for approval on first reading. Vice Chairman Sanchez: Second. Commissioner Spence -Jones: Second. City ofMiami Page 145 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Chairman Gonzalez: OK. We have a motion and we have a second. I opened the public hearing. There was no one that wanted to speak on the item, and we close the public hearing. Mr. City Attorney, it's an ordinance. Jorge L. Fernandez (City Attorney): Yes. The Ordinance was read by title into the public record by the City Attorney. 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.26 06-00846zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 33, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 10 AND 20 NORTHWEST 32ND COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00846zc Analysis.pdf 06-00846zc Zoning Map.pdf 06-00846zc Aerial Map.pdf 06-00846zc Application & Supporting Docs.pdf 06-00846zc ZB Fact Sheet.pdf 06-00846zc ZB Reso.pdf 06-00846zc CC Application Pages 3, 4 & 5 Replacement.pdf 06-00846zc CC Legislation (Version 2).pdf 06-008461u & 06-00845zc CC Exhibit A.pdf 06-00846zc CC FR Fact Sheet.pdf 06-00846zc CC SR Fact Sheet.pdf LOCATION: Approximately 10 and 20 NW 32nd Court [Commissioner Tomas Regalado - District 4] APPLICANT(S): W. Tucker Gibbs, Esquire, on behalf of Floridean Realty, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on July 10, 2006 by a vote of 7-0. See companion File ID 06-008461u. PURPOSE: This will change the above properties to R-3 Multifamily Medium -Density Residential. City ofMiami Page 146 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Haskins Chairman Gonzalez: All right. PZ.26 is a companion item. You want to put something on the record, Administration? Roberto Lavernia (Chief of Land Development, Planning): It's a zoning change, companion item for -- to the land use, and the Planning Department is recommending approval because this is the hole in the doughnut. In order to have the whole property within the same zoning designation, we're recommending approval. Chairman Gonzalez: All right. This is also a public hearing. Anyone from the public that wants to speak on this item? Any opposition? Anyone want to speak in favor of it? OK. Seeing none, Mr. Gibbs, you want to -- Tucker Gibbs: No. I'll go with the staff recommendation. Chairman Gonzalez: All right, sir. Thank you so much. All right. Commissioner Regalado: I -- Chairman Gonzalez: I'm closing -- Commissioner Regalado: Move -- Chairman Gonzalez: -- the public hearing. It comes back to the Commission. Commissioner Regalado. Vice Chairman Sanchez: Second. Commissioner Regalado: I move PZ.26. Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. We have a motion and we have a second. It's also an ordinance. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Mr. Gibbs: Thank you very much. Chairman Gonzalez: Thank you, sir. PZ.27 06-01019Iu ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 147 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 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 726 NORTHWEST 32ND PLACE AND 725 & 733 NORTHWEST 33RD AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-010191u - PAB Fact Sheet.pdf 06-010191u - Analysis.pdf 06-010191u - Concurrency Report.pdf 06-010191u - PAB Comp Plan Map.pdf 06-010191u - PAB Zoning Map.pdf 06-010191u - PAB Aerial Photo.pdf 06-010191u - PAB Legislation.pdf 06-010191u - Application Documents.pdf 06-010191u PAB Reso.PDF 06-010191u CC Land Use Map.pdf 06-010191u & 06-01019zc CC Aerial Map.pdf 06-010191u CC Legislation (Version 2).pdf 06-010191u & 06-01019zc CC Exhibit A.pdf 06-010191u CC FR Fact Sheet.pdf 06-010191u CC SR Fact Sheet.pdf LOCATION: Approximately 726 NW 32nd Place and 725 & 733 NW 33rd Avenue [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Dimar and Brothers, LLC and Santiago D. Hernandez, Owners FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 6, 2006 by a vote of 6-0. See companion File IDs 06-01019zc and 06-01019mu. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Loftika Major Use Special Permit. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: Let's go to PZ.27. It's 5:15. I'm going to move until 5:30, before opening up for the budget hearing, so let's see how much we can get accomplished from now until 5:30. PZ.27. Is there any opposition to PZ.27 and PZ.28, which is a companion item? There is opposition? Vice Chairman Sanchez: All right. Let's skip that one. Chairman Gonzalez: OK. City ofMiami Page 148 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Vice Chairman Sanchez: Let's get through the ones that aren't controversial so we could get some people home early to their families. Chairman Gonzalez: All right. Commissioner Spence -Jones: There's opposition. Vice Chairman Sanchez: Ma'am, please come up. For the record, you need to come up and state your name, and we'll -- Elena Safstrom: I'd like to address the Commission. My mom has some comments to make, and she's 80 years old, and she's been here since 10 o'clock, so I would -- Priscilla A. Thompson (City Clerk): Can I get your name for the record, please? Ms. Safstrom: Yes. Her name is Emelina -- Chairman Gonzalez: Your name, your name. Your name. Ms. Safstrom: -- Iglesia, and this regarding article 27 and 28. Ms. Thompson: What's your name, please, ma'am? Ms. Safstrom: My name is Elena Safstrom, and I'm her daughter. Vice Chairman Sanchez: And is she the only opposition here? Is --? Ms. Safstrom: Well, we need three people to -- Vice Chairman Sanchez: Three people. Ms. Safstrom: -- speak in opposition. Vice Chairman Sanchez: All right. It's up to the Chair, butt would comply to fry to, you know, get her home. Chairman Gonzalez: Right. Vice Chairman Sanchez: You know, if you want to bring the item up, I will ask the Chair to respectfully bring that item up so she could get home. She's been here since 10. Chairman Gonzalez: Right. OK. Yes, Mr. Lavernia. Will you read the item? Roberto Lavernia (Chief of Land Development, Planning Department): Yes, sir. 27 and 28 -- Ms. Safstrom: Thank you. Mr. Lavernia: -- are companion items, change of the future land use map and the zoning atlas for the Loftika project. It's some lots that are behind the lots facing Northwest 7th Street, between 32nd Place and 33rd Avenue. It's a change from duplex residential to restricted commercial, and the Department is recommended for approval, as part of the Loftika project. Chairman Gonzalez: All right. Mr. Ben Fernandez. Emelina Iglesia: (Comments in Spanish not translated.) City ofMiami Page 149 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Jorge L. Fernandez (City Attorney): Well, Mr. Chairman -- Chairman Gonzalez: Wait, wait. Vice Chairman Sanchez: (Comments in Spanish not translated.) Mr. Fernandez: The applicant, according to your proceedings, go first. Chairman Gonzalez: Go first, right. Mr. Fernandez: Any member of the public comes second. Chairman Gonzalez: Comes second, OK. Ms. Thompson: And we do have our Spanish -- Chairman Gonzalez: Ma'am. Ms. Thompson: -- interpreter. Chairman Gonzalez: OK, Mr. Fernandez. Ben Fernandez: Thank you, members of the Board. Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of Tala Construction, the applicant and the property owner. This is the Loftika project, which you will see entirely at the next -- the second reading of the ordinance. Today you're only considering the land use and zoning application that applies to three of the lots that are abutting the C-1 portion of the property. The property is on Northwest 7th Street, which is a major transportation and commercial -- a residential corridor approximate to the airport. We think that this is a project that's going to provide new housing opportunities for the area. It's consistent with your Comprehensive Plan. The zoning and land use is being recommended for approval by both your department and the Planning Advisory Board, as well as the Zoning Board, so we have unanimous approval from all the lower boards. The project steps down just -- without getting too much into the project, it does step down into the residential area, and it provides a liner around 65 percent of the project, so we were unaware of any opposition here to date. It's the first time we hear of it, so we're just going to hear from them, and then we preserve some time for rebuttal -- Chairman Gonzalez: All right. Mr. B. Fernandez: -- if we can. Thank you. Chairman Gonzalez: Thank you, sir. Yes, ma'am. Yes. Could you bring your mother, please? We're going to need a translator. You're going to translate? OK. Ms. Iglesia (as translated by Rene Ramos, official Spanish interpreter): My name is Emelina Iglesia. I live on 734 Northwest 32nd Place, in the City ofMiami. I'm owner of the property. I have taken the time today to come to ask you to deny article 27 of the agenda. This proposal will change the use -- future use of the properties located at 726 Northwest 32nd Place and 725 and 733 Northwest 33rd Avenue from duplex residential to restricted commercial. I also ask you that do not pass article 28 that would change the ordinance from zone R-2 residential two families to C-1 commercial restricted for the same properties that I mentioned before. I beg you to deny these articles. This is clearly an attempt to expand commercial properties inside of the residential zones. In particular, property 726 Northwest 32nd Place is the house that is next -door to mine, and property 733 Northwest 33rdAvenue is directly behind my house. City ofMiami Page 150 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Approving these articles in the agenda would have a negative impact in our neighborhood with more traffic and parking problems in all the near residential areas. All this, of course, would affect the level of security, bringing too many people to such area. My house, in which I lived since 1977, would be next to a commercial property. I understand it would be a project of condominiums. I can't even imagine the idea of coming to my patio that, right now, I enjoy with such peace. If this project will be approved, all would see from my patio would be the wall of that building or maybe people, from their balconies, looking down at my patio, or maybe even worse. Maybe I'll have a view of the parking lot with the multiple levels. It is -- I shouldn't have to tell you that all that you're proposing would have a negative effect on the value of my property, but more than all, it would affect negatively my quality of life with my family. I will be 80 years old in less than a month. I'm a widow, and recently, I lost my husband. If this project was to be approved, I wouldn't feel safe in this neighborhood, and would be forced to move, which would gravely would affect my health, my peace of mind, and my economic position, but would have to find another place because I'm sure that the crime and the traffic would not let me live in peace. When my husband -- may he rest in peace -- and I bought this property, with lots of sacrifices, always dreamed to spend the rest of our days in this house. I've been established in this house, and I depend from people which this area is convenient. IfI have to move, that would cause a crisis in my life and in the lives of my families and neighbors. I ask you once again, and I beg you to refuse this article -- Chairman Gonzalez: We need to move on. Ms. Iglesia (as translated by Rene Ramos, official Spanish interpreter): -- this project -- commercial project that appears in the agenda and do not permit more properties commercial to be developed in this zone. It's going -- this will destroy the area -- established area as residential area. Thank you. Chairman Gonzalez: Thank you. All right. Anyone else that wants to speak on the item, please come forward. Madam City Clerk, would you set the clock, please? Two minutes. We need your name and your address for the record, please. Ms. Safstrom: Yes, sir. Good afternoon. My name is Elena Safstrom, and I'm a daughter of Emelina Iglesia. I live at 1207Alhambra Circle, in Coral Gables. I am the daughter of the resident and owner of 734 Northwest 32nd Place, and I'm here today to speak on her behalf. The articles 27 and 28 before the Commission propose to change the future land use of the properties located at 726 Northwest 32nd Place and 735 and 733 Northwest 33rd Avenue from duplex residential to resfricted commercial. Agenda item 28 also would change the Zoning Ordinance from R-2 two-family residential to C-1 resfricted commercial. I urge you to reject these items. This is a clear attempt to expand commercial property into long-established residential areas. These properties are in very close proximity to my mom's house. Allowing this project to go on will have a negative impact on the entire neighborhood, with greater traffic congestion, noise, and overflow in parking problems in the surrounding residential areas. My parents, as she mentioned, purchased the property in 1977, and always dreamed of being there. My mom is a widow and 80 years old. She also mentioned that. She's very settled in this house and in this neighborhood. Also, the individuals that she depends on daily are very accessible to the area, as well. If this project would be allowed to happen, she would be forced to move, causing a crisis in her life. Her health would be adversely affected, not to mention what it would mean to her finances and her standard of living. She would be forced to move because she already has nightmares of what her neighborhood could turn into, and she feels this no longer will be a safe area. There is no good that can come to the general population from the passing of these articles. The entire neighborhood will be negatively affected. The property values would definitely go down, and the crime rate would definitely go up by the tremendous influx of individuals to the area. Chairman Gonzalez: Ma'am, your time has expired. City ofMiami Page 151 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Ms. Safstrom: I understand. There is people that took more time and came up to the podium two and three times, so I respect the request for -- to be allowed to -- Chairman Gonzalez: OK. How much more time will you need? Ms. Safstrom: One minute, please. Chairman Gonzalez: Go ahead. Ms. Safstrom: Thank you. Commissioners, I am hereby pleading that you consider this issue carefully. The only parties which would benefit would be the property owner and the developers, since the profit motive is driving this project at the expense of the entire residential community. Please do the right thing for all involved. I am very surprised that the Planning and Zoning Board has approved any part of this project, since there will be a handful of parties benefiting financially at the expense of so many. I want to mention -- and I'd like to make three general comments. I heard a lot this afternoon about affordable housing, and I think, although those may be buzzwords, we need to bear in mind the existing residents of the area. Those are already low-income people and people with fixed incomes that you would be affecting, so to say that you're going to bring affordable housing for people from other areas, is really -- was almost a lot for me to take. Secondly, I am not well versed in the whole process, since I don't do this for a living, so I want you to bear with me. Maybe I didn't present it the right way. It's just the way it's presented. I don't obviously have the blueprints. I don't have the podiums. I don't have the fancy stuff but this issue is close to our hearts, and I just urge you to do the right thing. Chairman Gonzalez: Thank you. Ms. Safstrom: Thank you. Chairman Gonzalez: Yes, sir. Robert Safstrom: I'll keep it under two, I promise. My name is Robert Safstrom, at 1207 Alhambra Circle, Coral Gables. I'm the son-in-law ofMrs. Iglesia. I just want to point out to you what it is right now -- it has been since 1977. On the corner, there's only a two-story structure, a medical clinic, OK, and then there's a -- I think, a one-story on the corner of 33rd Avenue, so as you can see by the plans, this is a ten -story or so complex. Going to be a lot of units in there, a lot of people, and of course, it's just going to monster right over her backyard, and if you look at Southwest 7th Sfreet -- or Northwest 7th Sfreet, I'm sorry, right after the buildings, which are basically 150 feet, on Northwest 7th, it's all residential, a lot of duplexes and that. After that, you know, it's nice neighborhoods, families living there and everything, so again, building right at her backyard, which is where the property of the 733 Northwest 33rd would be, and bringing up the 32nd Place. Her property is right now sitting right on the side of this complex, depending upon how they build it, cutting out all her privacy. Thank you very much. Chairman Gonzalez: Thank you, sir. Yes, Ms. Sandoval. Judy Sandoval: Thank you. Judy Sandoval, 2536 Southwest 25th Terrace. I agree with the people who have just spoken that this building is oversized and an intrusion on a residential neighborhood. I would like to point some things out on the drawings. OK, 13 stories. There's nothing in the area of that size. This building is less than half of that size. Perhaps you could request, for the sake of the neighborhood, that this building be lowered. If you ask me, and I'm an architectural critic, that whole top half of it is pretty ugly anyway, looks like a bunch of Tinkertoys painted, you know. It's not really a magnificent piece of architecture, so if they bring it down, they could see less of the neighborhood. Now I live half a block from a building that's City ofMiami Page 152 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 only eight stories high. I can see it from the middle of my backyard, and you can't even cover it with trees or bushes or anything. We have the Catalonia and the Luxor on 27th Avenue. They're about five blocks from me. I can see those out of my backyard, and what's happened in our neighborhood is that not only during the building process do the workmen look down in the backyards -- and we've had a lot of robberies -- that any policeman will tell you the densification does increase crime, and that's what I wanted to say. I hope that you will make some modifications to the building or deny it. Thank you. Chairman Gonzalez: All right. Thank you. Yes, Mr. Fernandez, rebuttal. Mr. B. Fernandez: Thank you, Mr. Chair. First of all, I'd like to say that this is the first time that we hear from anyone on this project. It has been through the Urban Development Review Board, the Planning Advisory Board, and the Zoning Board, all recommending approval of the project. Second thing that's important for you to know, we're not really considering the project today. We're considering the rezoning, so the notice that the neighbors got that says that this is a commercial rezoning is really misleading. This isn't a commercial intrusion at all. This is a res -- primarily a residential project, and it's a project that has been designed -- something that they don't know because they haven't seen the plans, they haven't met with us -- it's a project that provides a 70-foot -- a 50-foot setback here with townhomes, and it provides a 100-foot setback with a green space and townhome transition to the residential area next to it where they are. That's entirely unlike the 27th Avenue projects that Hs. Sandoval -- Chairman Gonzalez: Right. Mr. B. Fernandez: -- just alluded to, and that's something that your staff is cognizant of something that they required us to do, and that we negotiated for many meetings, so I would ask you to pass this on first reading -- Vice Chairman Sanchez: What's the transition into the property? What did --? Mr. B. Fernandez: We have a transition -- first of all -- Vice Chairman Sanchez: First of all -- Mr. B. Fernandez: -- it's an eight -story -- Vice Chairman Sanchez: -- the lady -- Mr. B. Fernandez: -- building in the back. Vice Chairman Sanchez: -- who said that she abuts the property, what is her transition -- Mr. B. Fernandez: Well, I need -- Vice Chairman Sanchez: --from your property line onto her property? Mr. B. Fernandez: The fransition is either a townhome transition or a green space fransition, depending on whether or not she lives here or here. I'm not sure if she lives on the east side of the project or the west side of the project. Are you on the east side? Mr. Safstrom: 734 Northwest 32nd. Mr. B. Fernandez: 32nd, OK, so you would be, I believe, next to the green space. Bernardo, is that correct? City ofMiami Page 153 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Unidentified Speaker: Well, could they point to wherever their house is? Mr. B. Fernandez: Yeah. Can you point to where your house is? Vice Chairman Sanchez: Could you tell me where your mom -- could you tell me where your mother lives in that picture? The one -- top right, top right. Mr. B. Fernandez: This is 7th. Vice Chairman Sanchez: Right there. Where does she live? She lives there? Mr. Safstrom: Oh, I'm sorry. This side here. Mr. B. Fernandez: OK. Mr. Safstrom: There's the pool of the house next door. Vice Chairman Sanchez: All right. Mr. Safstrom: (INAUDIBLE). Vice Chairman Sanchez: All right, Ben. Mr. Fernandez, what would like for you is I want to see a -- the transition from the building onto her property. Explain that. That's the concern that I have. Mr. Safstrom: And ifI could also ask -- is right in back of her -- Ms. Thompson: I'm sorry. I can't record if you're not on the mike. Chairman Gonzalez: Right, right, right. Mr. Safstrom: OK. Again, right in back of that house, again, is 733 Northwest 33rd Avenue, which is right on her back fence. Mr. B. Fernandez: The transition, Commissioner Sanchez -- Vice Chairman Sanchez: All right. Mr. B. Fernandez: -- is a 20-foot setback from the property line -- Vice Chairman Sanchez: Right. Mr. B. Fernandez: -- and then a row of townhomes that will face the 20-foot setback where pedestrians enter the townhomes through here. Vice Chairman Sanchez: OK, and then -- Chairman Gonzalez: This will be the lady's house? Mr. B. Fernandez: So if -- that's correct, but this is 20 feet from this property line to that -- Chairman Gonzalez: Right. Mr. B. Fernandez: --frontage. If they -- if that project were to be developed under an R-1 or an R-2 zoning, it would be a five-foot setback. City ofMiami Page 154 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Vice Chairman Sanchez: All right. Go ahead, so that's the only concern that have so far based on -- Chairman Gonzalez: Right. Vice Chairman Sanchez: -- the arguments made by the other side. Mr. B. Fernandez: Right. With respect to the issue of traffic, increased traffic, this is an area that has been underdeveloped for many years on Northwest 7th Street. It has excellent access, and it wouldn't interfere with -- no drives would be through a residential area to get to the major arterial corridor. Chairman Gonzalez: That is right. Mr. Safstrom: I would just say Northwest 7th is a very heavy congested street. If you ever fry and cross Le Jeune Road a little farther up, it's usually bumper -to -bumper, sometimes from 37th Avenue on over, so there's a lot of -- Mr. B. Fernandez: The -- Mr. Safstrom: -- traffic on Northwest 7th. Mr. B. Fernandez: Sorry. I believe I'm in rebuttal right now. The project has a liner, a 65 percent liner around it. You're going to -- not going to have any exposed parking. This is really, I think, the result of improved design requirements -- Vice Chairman Sanchez: How about parking? That was another concern -- a valid concern, parking. How is your parking requirements are met? How are they met? Mr. B. Fernandez: We're entirely providing required parking. Vice Chairman Sanchez: OK. Mr. B. Fernandez: This is a variance free project. Vice Chairman Sanchez: OK. Chairman Gonzalez: All right. Have you concluded? Mr. B. Fernandez: So -- I've concluded. Chairman Gonzalez: All right. Vice Chairman Sanchez: Close the public hearing. Chairman Gonzalez: This is a public hearing. Anyone else from the public that wants to speak on this item? There he go. Luis Herrera: My name is Luis Herrera, from Vizcaya Homeowner Association, 1181 Southwest 22nd Terrace. Just only a few thing, and I'm going to say it quick. We protesting in here all the time raising the tax and money. That's what it going to bring to that neighborhood. I ask -- every time you change a zoning -- Chairman Gonzalez: I don't -- City ofMiami Page 155 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Mr. Herrera: -- and they going to (UNINTELLIGIBLE) -- if they going to change the zoning in a residential area. They can happen in any place in anybody -- in my residential area. Pretty soon, I'm going to have something like that in the residential area, and we against that, and I ask you -- we vote for you people. You represent us, not the lawyers. We ask you to deny that in the residential area. Thank you. Chairman Gonzalez: Let me tell you, first of all, that's not a residential area. That's Northwest 7th Street. I don't know if you even know where this place is at. Mr. Herrera: I know the place, but -- Chairman Gonzalez: You know the place? OK Mr. Herrera: -- it's R-2. It's a residential. Chairman Gonzalez: The back -- Vice Chairman Sanchez: No, it's not. Chairman Gonzalez: -- of the building is R-2. Mr. Herrera: Yeah. Chairman Gonzalez: The front of the building is commercial. It's Northwest 7th Street. Mr. Herrera: Seventh Avenue. Chairman Gonzalez: It has been commercial ever since -- Mr. Herrera: No. Well -- Chairman Gonzalez: --I know Miami for more -- Mr. Herrera: OK. Chairman Gonzalez: -- than 47 years -- Mr. Herrera: Me too. Chairman Gonzalez: -- so -- Mr. Herrera: I got 50 years here. Chairman Gonzalez: OK, so maybe you have three more than -- three years more than me. It has been commercial forever. There is a concern on the back of the -- of this project with the residential, but you know, they have -- they're providing the right angle. They're providing liners. They're providing enough parking, and this is only first reading, so -- Vice Chairman Sanchez: Listen -- Chairman Gonzalez: -- from now until second reading, you will have time to meet with the lady and the persons that are in opposition and try to, you know, smooth out any concerns that they might have. City ofMiami Page 156 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: Based on the Planning Department's recommendation of approval and PAB recommends approval on 6/0, I will move the item on first reading. Chairman Gonzalez: On first reading. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion and we have a second. All in fa -- it's an ordinance? Unidentified Speaker: Yes. Chairman Gonzalez: Yes, it's an ordinance. Commissioner Haskins: Can we have discussion? I -- you know, I need to understand this more because -- I mean, I know what you're saying, Commissioner Gonzalez, and you know your district a lot better than I do, but when you look at this land use map, it really does look like we're intruding into a residential area, and it seems like we've done an awful lot of-- Hr. B. Fernandez: Commissioner Haskins, maybe I can address that for you a little bit more clearly. If you look at the project directly across the street, that is an eight -story project. Chairman Gonzalez: That's an eight -story project. Mr. B. Fernandez: This is how far that project intrudes, if you want to call it an intrusion. It's a residential project, so I believe it's consistent. This is how far back it goes into the residential area to the south. Our project goes in two lots, rather than three, on the north side, so in terms of compatibility with existing development and intrusion, I think that we're, you know, more than consistent with that. I just wanted to point that out for the record. Commissioner Spence -Jones: And Commissioner Haskins, I think, since this is the first reading, this will at least allow them a chance to get with the neighbors that are in the area to come back Mr. B. Fernandez: And we'd be more than willing to do that. Commissioner Spence -Jones: -- with something. You have a -- Commissioner Haskins: And that's what would like to do. Mr. B. Fernandez: Yes. Commissioner Spence -Jones: Yeah. Commissioner Haskins: I would like to see that because these -- you know, we've got so many land use changes, and Commissioner Gonzalez, this is your district, and I need to defer to you on this, and I certainly will. It's just that there's so many land use changes that are being processed in the City, andl -- and there is intrusion into these residential neighborhoods, andl would really like to see you work with the neighbor. I can't really tell from this picture how well the transition is to the lady's house, and so for -- you know, between now and second reading, if we can address some of that. City ofMiami Page 157 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Ms. Safstrom: IfI may just make a quick comment. They continue to talk about transition. We're going to have an issue with the influx of individuals into the area, and he mentions the project across the street, and we're already suffering the consequences from that because there is overflow parking in her driveway everyday; I cannot get in, so when he talks about transition --I don't -- I may not know the exact number of feet, but we are already having overflow parking from across the street. Every time I get to her house, it is blocked, and when we find out where it is, that's where it is, that project across the street, so you put another high-rise, which is whatl would like to call this one, right in her backyard, and then the problems would be exponentially increased. Mr. Safstrom: IfI could just add -- Chairman Gonzalez: Thank you. Mr. Safstrom: -- one other thing. Again, I would rather point out, especially, the heights. There's a two-story building -- and I agree with you fully. Northwest 7th has been commercial forever -- Chairman Gonzalez: That's right. Mr. Safstrom: -- but she had the house as a buffer, per se, in the back was a buffer, as far as a duplex back there -- Chairman Gonzalez: Right. Mr. Safstrom: -- so I'll leave it at that, but it's the height. Chairman Gonzalez: All right. We had a motion and -- Commissioner Spence -Jones: And a second. Vice Chairman Sanchez: First reading. Chairman Gonzalez: Did you read the ordinance, Mr. City Attorney? Mr. Fernandez: No, I haven't read it yet, but I'm ready to. It's an ordinance -- Chairman Gonzalez: Would you please do that? 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.28 06-01019zc ORDINANCE First Reading 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 City ofMiami Page 158 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 726 NORTHWEST 32ND PLACE AND 725 AND 733 NORTHWEST 33RD AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-01019zc Analysis.pdf 06-01019zc Application & Supporting Docs.pdf 06-01019zc ZB Fact Sheet.pdf 06-01019zc ZB Reso.PDF 06-01019zc Zoning Map.pdf 06-010191u & 06-01019zc Aerial Map.pdf 06-01019zc CC Application Page 2 Replacement.pdf 06-01019zc CC Legislation (Version 2).pdf 06-010191u & 06-01019zc CC Exhibit A.pdf 06-01019zc CC FR Fact Sheet.pdf 06-01019zc CC SR Fact Sheet.pdf LOCATION: Approximately 726 NW 32nd Place and 725 & 733 NW 33rd Avenue [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Dimar and Brothers, LLC and Santiago D. Hernandez, Owners FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on July 10, 2006 by a vote of 5-2. See companion File IDs 06-010191u and 06-01019mu. PURPOSE: This will change the above properties to C-1 Restricted Commercial for the proposed Loftika Major Use Special Permit. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: All right. PZ.28. Roberto Lavernia (Chief of Land Development, Planning Department): The companion item for the zoning -- Chairman Gonzalez: It's a companion. Mr. Lavernia: -- change. The same recommendation from the Planning Department. Vice Chairman Sanchez: So move -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- on first reading. Chairman Gonzalez: We -- this is also requires a public hearing. Anyone from the public that wants to speak on the companion item, please come forward. Seeing none, hearing none, the City of Miami Page 159 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 public hearing is closed. We have a motion -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. Chairman Gonzalez: Yes, ma'am. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. Chairman Gonzalez: All right. I'm going to call a 12-minute recess until 6 o'clock, where we're going to hear the budget hearing. We still have -- I don't know why because today was an easy agenda. We should have been done by 4 o'clock, but that's the way it is. We have one, two, three, four, five, six items. We may want to take them after the budget hearing, or we can leave them for the next Commission meeting. It's up to you what you want to do after 6 o'clock. PZ.29 06-01026zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 9, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "R-2" TWO-FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 580-582 NORTHEAST 71ST STREET AND 7000 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-01026zc Analysis.pdf 06-01026zc Zoning Map.pdf 06-01026zc Aerial Map.pdf 06-01026zc Letter of Intent.pdf 06-01026zc Application & Supporting Docs.pdf 06-01026zc ZB Fact Sheet.pdf 06-01026zc ZB Reso.PDF 06-01026zc CC Application Page 2 Replacement.pdf 06-01026zc CC Legislation.pdf 06-01026zc CC Exhibit A.pdf 06-01026zc CC FR Fact Sheet 09-28-06.pdf 06-01026zc CC FR Fact Sheet 10-26-06.pdf LOCATION: Approximately 580-582 NE 71st Street and 7000 Biscayne Boulevard [Commissioner Linda M. Haskins - District 2] City ofMiami Page 160 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 APPLICANT(S): Ben Fernandez, Esquire, on behalf of TNA Palms, Inc. and Wilbert Romano, Owners FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on July 10, 2006 by a vote of 7-1. PURPOSE: This will change the above properties to R-2 Two -Family Residential with an SD-12 Buffer Overlay District. DEFERRED Item PZ.29 was deferred to the Planning & Zoning meeting currently scheduled for October 26, 2006. PZ.30 03-0094xc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING A SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, CONDITIONAL PRINCIPAL USES OF PR PARKS, RECREATION AND OPEN SPACE, TO ALLOW THE CONSTRUCTION OF A LIBRARY IN "PR" PARKS, RECREATION AND OPEN SPACE DISTRICTS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3255 PLAZA STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." 03-0094xc Analysis.pdf 03-0094xc Zoning Map.pdf 03-0094xc Aerial Map.pdf 03-0094xc Application & Supporting Docs.pdf 03-0094xc Plans.pdf 03-0094xc ZB Fact Sheet.pdf 03-0094xc ZB Reso.pdf 03-0094xc CC Application Page 3 Replacement.pdf 03-0094xc CC Zoning Write Up (Plans) Page 1 Replacement.pdf 03-0094xc CC Legislation (Version 2).pdf 03-0094xc CC Exhibit A.pdf 03-0094xc CC Fact Sheet 09-28-06.pdf 03-0094xc CC Fact Sheet 10-26-06.pdf LOCATION: Approximately 3255 Plaza Street [Commissioner Linda M. Haskins - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. ZONING BOARD: Recommended approval with conditions* to City Commission on June 12, 2006 by a vote of 5-2. City ofMiami Page 161 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 *See supporting documentation. PURPOSE: This will allow a library in Virrick Park. DEFERRED Item PZ.30 was deferred to the Planning & Zoning meeting currently scheduled for October 26, 2006. PZ.31 06-00428zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 9, SECTION 910 OF THE ZONING ORDINANCE, IN ORDER TO ALLOW FOR COVENANT IN LIEU OF UNITY OF TITLE AGREEMENTS FOR PROJECTS WITHIN PROPERTIES ZONED R-2 THAT ARE APPROVED PURSUANT TO ARTICLE 5, PLANNED UNIT DEVELOPMENT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-00428zt - PAB Fact Sheet.pdf 06-00428zt - PAB Legislation.pdf 06-00428zt PAB Reso.PDF 06-00428zt CC Legislation (Version 2).pdf 06-00428zt CC FR Fact Sheet 09-28-06.pdf 06-00428zt CC FR Fact Sheet 10-26-06.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 July 19, 2006 by a vote of 7-0. PURPOSE: This will allow a Covenant in Lieu of Unity of Title agreements for projects with R-2 zoning districts that are approved as a Planned Unit Development. DEFERRED Item PZ.31 was deferred to the Planning & Zoning meeting currently scheduled for October 26, 2006. PZ.32 06-01045zt ORDINANCE First Reading AN ORDINANCE OF THE CITY COMMISSION AMENDING ARTICLE NO. 8.1 ENTITLED, "TREE PROTECTION" OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA; CONTAINING ADDED DEFINITIONS AND APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT APPLICATIONS, REQUIREMENTS, REVIEW, FEES, AND CRITERIA FOR REMOVAL; PROVIDING FOR TREE REPLACEMENT AND PROTECTION, APPEAL CRITERIA AND FINES, CONTINUED ENFORCEMENT, PENALTIES AND REMEDIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 162 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 06-01045zt - PAB Fact Sheet.pdf 06-01045zt - PAB Legislation.pdf 06-01045zt PAB Reso.PDF 06-01045zt CC Legislation (Version 2).pdf 06-01045zt 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: Recommend approval to City Commission on July 19, 2006 by a vote of 9-0. PURPOSE: This will add and amend certain criteria in Article 8.1 of the Zoning Ordinance entitled, "Tree Protection." DEFERRED Note for the Record: Please refer to Order of the Day for minutes referencing Item PZ.32. PZ.33 06-01623zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE I, TITLED "IN GENERAL" MORE PARTICULARLY, CHAPTER 4, TITLED "ALCOHOLIC BEVERAGES" SECTION 4-11, "EXCEPTIONS TO DISTANCE REQUIREMENTS" TO: 1) ALLOW AN ADDITIONAL ALCOHOLIC BEVERAGE ESTABLISHMENT WITHIN MIXED -USE PROJECTS OF OVER 300 DWELLING UNITS WITHIN THE DOWNTOWN AREA; 2) CREATE A CULTURAL SPECIALTY DISTRICT ALONG SW 8TH STREET, FROM SW 12TH TO SW 17TH AVENUES, ALLOWING DISTANCE EXEMPTIONS FOR A MAXIMUM OF 5 ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES AS A COMPONENT OF A CULTURAL FACILITY; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-01623zt Legislation.pdf 06-01623zt FR Fact Sheet 09-28-06.pdf 06-01623zt FR Fact Sheet 10-26-06.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING: PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will allow exemptions to distance requirements for establishments serving alcoholic beverages. DEFERRED Item PZ.33 was deferred to the Planning & Zoning meeting currently scheduled for October 26, 2006. City ofMiami Page 163 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 PZ.34 06-00828Iu 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 3663 SOUTHWEST 17TH 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. 06-008281u - PAB Fact Sheet.pdf 06-008281u - PAB Legislation.pdf 06-008281u - Analysis.pdf 06-008281u - Concurrency Report.pdf 06-008281u - Concurrency Report (Revised).pdf 06-008281u - Comp Plan Map.pdf 06-008281u - Zoning Map.pdf 06-008281u - Aerial Photo.pdf 06-008281u - Application Documents.pdf 06-008281u PAB Reso.pdf 06-008281u CC Application & Supporting Docs.pdf 06-008281u CC Legislation (Verison 2).pdf 06-008281u & 06-00828zc CC Exhibit A.pdf 06-008281u CC FR Fact Sheet.pdf LOCATION: Approximately 3663 SW 17th Street [Commissioner Tomas Regalado - District 4] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Jokur Acquisitions, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on June 7, 2006 by a vote of 7-0. See companion File ID 06-00828zc. PURPOSE: This will change the above property to Restricted Commercial. WITHDRAWN Vice Chairman Sanchez: All right. Let's go to -- I think CIP -- DI.1 has been deferred, correct, Mr. City Manager? Pedro G. Hernandez (City Manager): Yes, yes it has. Vice Chairman Sanchez: All right. Let's go to -- Commissioner Spence -Jones: Are we (UNINTELLIGIBLE)? Vice Chairman Sanchez: Well, we could go into the PZ (Planning & Zoning) items or do you want to recess and come back for lunch? After lunch, we'll start with PZ.1. Are there any other items left on the agenda, Madam Clerk, that we could take out of the way? City ofMiami Page 164 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Priscilla A. Thompson (City Clerk): No, there's nothing else. Vice Chairman Sanchez: All right, so let's go ahead -- Commissioner Regalado: Mr. Chairman, we can deal -- I know that PZ.1, PZ.2 are in District 4, and they're simple issues. Vice Chairman Sanchez: All right. It's the will of the Commission, if you want to take item PZ.1 and -- Jorge L. Fernandez (City Attorney): Yes -- Vice Chairman Sanchez: -- maybe -- Mr. Fernandez: -- and while you're doing that, the record should also reflect that we have been formally notified by the applicant on items 34 and 35, that they are withdrawing those items. Vice Chairman Sanchez: Which items? Mr. Fernandez: Withdrawn. 34 and 35, PZ. Vice Chairman Sanchez: All right. Let the records reflect that, Madam Clerk. PZ.35 06-00828zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 40, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3663 SOUTHWEST 17TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-00828zc Analysis.pdf 06-00828zc Zoning Map.pdf 06-00828zc Aerial Map.pdf 06-00828zc Letter of Intent.pdf 06-00828zc Application & Supporting Docs.pdf 06-00828zc ZB Fact Sheet.doc 06-00828zc ZB Reso.pdf 06-00828zc CC Application & Supporting Docs.pdf 06-00828zc CC Legislation (Verison 2).pdf 06-008281u & 06-00828zc CC Exhibit A.pdf 06-00828zc CC FR Fact Sheet.pdf LOCATION: Approximately 3663 SW 17th Street [Commissioner Tomas Regalado - District 4] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Jokur Acquisitions, Inc. FINDINGS: City ofMiami Page 165 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on July 24, 2006 by a vote of 8-0. See companion File ID 06-008281u. PURPOSE: This will change the above property to C-1 Restricted Commercial. WITHDRAWN Note for the Record: Please refer to Item PZ.34 for minutes referencing Item PZ.35. PZ.36 06-00834ec RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THE EASEMENTS LOCATED BETWEEN NORTHEAST 13TH STREET AND NORTHEAST 15TH STREET AND HERALD PLAZA AND NORTHEAST BAYSHORE DRIVE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." 06-00834ec Public Works Analysis.pdf 06-00834ec Planning Analysis.pdf 06-00834ec Zoning Map.pdf 06-00834ec Aerial Map.pdf 06-00834ec Application & Supporting Docs.pdf 06-00834ec ZB Fact Sheet.pdf 06-00834ec ZB Reso.PDF 06-00834ec CC Legislaion (Version 2).pdf 06-00834ec CC Exhibit A.pdf 06-00834ec CC Fact Sheet 09-28-06.pdf 06-00834ec CC Fact Sheet 10-26-06.pdf LOCATION: Approximately Between NE 13th Street and NE 15th Street and Herald Plaza and NE Bayshore Drive [Commissioner Linda M. Haskins - District 2] APPLICANT(S): Javier F. Avino, Esquire, on behalf of Citisquare Group, LLC, Contract Purchaser and Knight-Ridder, Inc., Owner FINDINGS: PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval with conditions*. PLAT & STREET COMMITTEE: Recommended approval on March 2, 2006 by a vote of 6-0. ZONING BOARD: Recommended approval to City Commission on June 26, 2006 by a vote of 7-1. *See supporting documentation. PURPOSE: This will allow a unified development site for the City Square Retail Major Use Special Permit. DEFERRED Item PZ.36 was deferred to the Planning & Zoning meeting currently scheduled for October 26, 2006. City ofMiami Page 166 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 PZ.37 06-01126ha RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING OR DENYING THE APPEAL FILED BY LUCIA A. DOUGHERTY, ESQ., ON BEHALF OF LAXMI INVESTMENTS, LLC, ("APPELLANTS"), AND REVERSING OR AFFIRMING A DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH DESIGNATED THE MIMO/BISCAYNE BOULEVARD HISTORIC DISTRICT OF THE PROPERTY LOCATED AT APPROXIMATELY 5850 BISCAYNE BOULEVARD, LOCATED WITHIN THE AREA BOUNDED BY BOTH SIDES OF BISCAYNE BOULEVARD FROM NORTHEAST 50TH STREET TO NORTHEAST 77TH STREET, AS A HISTORIC SITE. 06-01126ha 06-01126ha 06-01126ha 06-01126ha 06-01126ha 06-01126ha 06-01126ha 06-01126ha 06-01126ha 06-01126ha 06-01126ha 06-01126ha 06-01126ha 06-01126ha 06-01126ha 06-01126ha Zoning Map.pdf Aerial Map.pdf HEPB Appeal Letter.pdf HEPB Reso.pdf Designation Report.pdf Questions & Answers about Legislation (Version 2).pdf Designation Report.pdf Questions & Answers about Legislation (Version 3).pdf HEPB Appeal Letter.pdf Designation Report.pdf Questions & Answers about CC Fact Sheet 09-28-06.pdf HEPB Fact Sheet 06-06-06.PDF CC Fact Sheet 10-26-06.pdf Proposed Designations.pdf Proposed Designations.pdf Proposed Designations.pdf LOCATION: Approximately 5850 Biscayne Boulevard [Commissioner Linda M. Haskins - District 2] APPELLANT(S): Lucia A. Dougherty, Esquire, on behalf of Laxmi Investments, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and approval of the designation. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Approved the designation on June 6, 2006 by a vote of 7-0. PURPOSE: The approval of this appeal will exclude the property located at approximately 5850 Biscayne Boulevard as part of the historic designation of the MiMo/Biscayne Boulevard Historic District. DEFERRED Item PZ. 37 was deferred to the Planning & Zoning meeting currently scheduled for October 26, 2006. NA.1 06-01766 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 06-0540, ADOPTED SEPTEMBER 12, 2006,IN ITS City ofMiami Page 167 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 ENTIRETY AND OPPOSING THE METHODOLOGY USED BY THE MIAMI-DADE COUNTY PROPERTY APPRAISER, AS DICTATED BY STATE LAW, WHICH IMPOSES PROFOUND AND UNCONSCIONABLE INCREASES ON THE AD VALOREM ASSESSMENTS TO RESIDENTIAL PROPERTIES IN THE CITY OF MIAMI ("CITY"); STRONGLY URGING THE PROPERTY APPRAISER OF MIAMI-DADE COUNTY TO BASE VALUATION OF RENTAL PROPERTY ON THE INCOME FROM SAID PROPERTY, AS CONTEMPLATED IN SECTION 193.011 (7) OF THE FLORIDA STATUTES; REQUESTING THAT THE CITY MANAGER DETERMINE THE FEASIBILITY OF REDRESS FOR THE CITIZENS OF MIAMI WITH THE INTENT OF OBTAINING RELIEF IN ORDER TO PROTECT THE RESIDENTIAL PROPERTY OWNERS IN THE CITY FROM INFLATED AND UNFAIR VALUATION OF THEIR PROPERTIES. Motion by Commissioner Sanchez, seconded by Commissioner Haskins, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0565 Motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, to rescind Resolution 06-0540. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be RESCINDING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones Vice Chairman Sanchez: IfI could be recognized, Mr. Chair. Commissioner Spence -Jones: (UNINTELLIGIBLE) the next item? Vice Chairman Sanchez: Yeah. Just a minor amendment to the resolution that was passed here at the last Commission meeting, which was resolution R-06-0540, which was the resolution that we voted on asking the County to look into the methodology used by the assessment to residential properties in the City ofMiami. We presented that resolution to the County, and apparently, there was some concern -- valid concerns as to the language on the resolution. Apparently, as you know, that was a resolution that was drafted at the end of the night. It was rushed, and there was one minor error that we need to correct, and for the record, I would like to amend it where it states `Methodology used by the Miami -Dade County appraiser" -- 'property appraiser, as dictated by the State of Florida, rather than methodology used by the Miami -Dade County Commission." I would so move that we amend that resolution. Chairman Gonzalez: We have -- Commissioner Haskins: Second. Chairman Gonzalez: -- a motion. Vice Chairman Sanchez: Madam Clerk -- Chairman Gonzalez: Do we have a second? Vice Chairman Sanchez: -- did you understand that? Priscilla A. Thompson (City Clerk): No. Honestly, I just want to make sure. You did have a City ofMiami Page 168 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 motion -- I'm sorry, a resolution that you adopted and you presented. You're now asking for a new resolution to amend that one? Vice Chairman Sanchez: Well, we could do two things. We could amend that resolution or we could vote it down and take up the new resolution. Jorge L. Fernandez (City Attorney): Yes. I much rather, in the body of the new resolution, have a statement rescinding the previous resolution, but resolutions should not be amended. We should be -- whenever a resolution doesn't say what we -- Vice Chairman Sanchez: All right. Mr. Fernandez: -- intend it to say, we need to rescind that or we need to -- Vice Chairman Sanchez: Move to rescind the first resolution. Mr. Fernandez: Right, but we can all -- we can do that in the passage of the new one that incorporates the correct language. Vice Chairman Sanchez: OK, so move to rescind the original resolution. Commissioner Haskins: Second. Chairman Gonzalez: We -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: All right. Now -- Chairman Gonzalez: Those opposed have the same right. Vice Chairman Sanchez: -- I would move the new resolution -- Chairman Gonzalez: OK. We have a motion -- Vice Chairman Sanchez: -- which it states -- which I'll read for the record. "It's a resolution whereas the Miami City Commission opposes the methodology used by the Miami -Dade County property appraiser as dictated by state law, which opposes increase on the ad valorem assessment to residential properties in the City ofMiami; whereas, the City Commission strongly urges the property appraiser ofMiami-Dade County to base valuation on rental properties on the income from said property as contemplated in Section 193.011, paragraph 7, of the Florida Statute," and basically, the rest of the resolution is the same. So move. Commissioner Haskins: Second, and for discussion, can I say something? Vice Chairman Sanchez: Discussion. Chairman Gonzalez: We have a motion and we have a second. Discussion. Commissioner Haskins. Commissioner Haskins: You know, this issue with how our affordable rentals are being assessed City ofMiami Page 169 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 and valued is one of the most serious issues the City has facing it. We are losing affordable rental all over this City because we have elderly on fixed incomes in rental units today that the landlords cannot increase the rent because they're on fixed income, and so the landlords are selling their buildings, and we are losing affordable rental all over the place, and I really think that as we move forward with this, I would like to see the Commission, as Commissioner Regalado has said for a long time, also have a resolution that Dade County be like 66 other counties in the state of Florida, and have the property appraiser position elected. Chairman Gonzalez: I agree with you a hundred percent, but apparently -- Vice Chairman Sanchez: I -- Chairman Gonzalez: -- Dade County doesn't want that. Vice Chairman Sanchez: Commissioner Regalado, then I'll -- I'll yield to Commissioner Regalado, and then I'll -- Commissioner Regalado: Thank you. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. I think that resolution is important, but I think we should add something, like when you mention income of affordable and rental property, we could say as is being done in Broward County, because the tax assessor, the property appraisal [sic] of Broward County, Lori Parrish, an elected official, former County Commissioner, guides her assessment of all the rental properties in the Broward County area by income, and that is allowed by state statutes. In fact, the Florida Supreme Court, in 1993, said in a ruling that affordable housing and rental property should be assessed by income. However, it also gave some latitude to the property appraisals [sic] to do other kind of assessment in terms of future value, and that is what is been happening in the City ofMiami and in Miami -Dade County, in general. Last week -- last Friday there was something very interesting. Fourteen elected property appraisals [sic] sign a letter asking the state legislature to place in the ballot, on the next general election in the State of Florida, an amendment to the state Constitution to have portability of the homestead exemption; that is, you can move your homestead exemption when you buy and lock the taxes that you pay. Unfortunately, Mr. Jacobs, the appointed tax assessor/property appraisal [sic] ofMiami-Dade County, did not sign the letter, and we know why. He will be fired, but the fact is one thing. On October 12 -- no, October 10, the County Commission has to set a date for a special election to be held on the strong mayor question in the next 60 days. I understand that the property appraisal issue fail in a committee, and they cannot bring, as a mandatory action on the ballot, the issue of the County appraisal being elected, but it will be nice to ask the County Commission to have a straw ballot on a countywide election -- after all, it doesn't cost any more for another question -- to see how the people of Miami -Dade County feel about this. The only solution to the problems that we have is a two fold solution. Number one, the one that we -- you are offering, which is use the methodology of using the income to appraise property, and number two, to have a property appraisal [sic] elected by the people. The Chairman couldn't say it better, when he was talking about responsibility and auditing and all that. We are audited everyday by the residents of the City ofMiami. The moment that there is an office holder that is accountable to the people ofMiami, I am telling you that no actions will be taken that a rental apartment building will go up in value 389 percent in one year, 389 percent. That's not a number that I made up. Chairman Gonzalez: It's incredible. Commissioner Regalado: It's a number that I saw in a bill, 389 percent of increase in property value. I am all in favor of this, and I think, you know, it's either we do this, it's either we put City ofMiami Page 170 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 pressure or, you know, we're going to have a crisis in our hand. I mean, we're not going to have poor people here in the City ofMiami because -- not because they become rich, but because they had to move and live under the bridge. Chairman Gonzalez: Not only -- Vice Chairman Sanchez: Well -- Chairman Gonzalez: -- poor people; working class. Commissioner Regalado: And working people, and -- Chairman Gonzalez: Working class people. Commissioner Regalado: -- well, working people are poor people, but really hope -- and I think that the resolution is a very good idea, and hopefully, they listen to us. Vice Chairman Sanchez: Mr. Chairman, ifI may add. This resolution -- and let me just state that it is a crisis right now. It is a crisis right now. This resolution was presented to the County Commission. The Chairman was sick, and I represented the City as the Vice Chair, and I went in front of the Commission. They are aware of this crisis. We even had an opportunity, my -- City Manager and myself to meet with Mr. Jacobs on the issue on that methodology. Now he clearly stated that under the Florida Statute 193.011, his hands were tied, but you know, the only way that he state that this could be done is through Florida legislation [sic] changing the way that they tax the properties. They use that formula, which I don't consider it to be a fair formula. I mean, I'm doing my research on it, and as -- whatl see right now, I don't think it's a fair, fair formula. What's happening in the County is that really, the bottom line is the cities are having to pick up the burden of Unincorporated Dade, based on the economic vitality that's occurring in certain cities, and if you look at all the cities around here, Miami is the one that's expanding the most, and that's why our property values are increasing, and when that happens, the property taxes go up. Now there needs to be tax relief for rental properties; we know that, and I think that the only way -- and after we went in front of that -- the County Commission, the only solution that they -- two solutions they suggested. One is that they're going to pass the same resolution just as we're asking every municipality in South Florida to pass this resolution to unite our efforts. I mean, we spend hundreds and thousands of dollars going to Tallahassee to lobby on certain issues. Well, this should be the issue we should be joining hands, putting all our resources together to change the mentality in Tallahassee, because let me tell you something. It was the states who created this federal government, not the federal governments [sic] created the state, and I think some people have lost that scope of what's happening. They need to listen to the people in big cities, because what's happening here, it is a crisis today, and it's only going to get worse if we don't address that, so the priority for us this year should be to work with all the municipalities who want to join forces with us to go to Tallahassee and find a way to make that methodology, based on taxes, fair -- a fair process, which is not today, so having said that, Mr. Chair, thank you for the time. Chairman Gonzalez: All right. Any further discussion? Vice Chairman Sanchez: We voted on the issue? Chairman Gonzalez: Hearing none, 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. City ofMiami Page 171 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 NA.2 06-01781 DISCUSSION ITEM DISCUSSION ON PROVISION OF REFRESHMENTS FOR VARIOUS BOARDS DISCUSSED Direction by Commissioner Spence Jones to the Administration to consider the provision of funds to provide refreshments to members who serve on various City boards, including Code Enforcement and Zoning Boards. Leroy Jones: Good morning -- Chairman Gonzalez: Good morning. Mr. Jones: -- Mr. Chair. Mr. Chair, before I make my pitch about supporting this, ifI can have like 10 seconds, I would appreciate it, Mr. Chair -- Chairman Gonzalez: Go ahead. Mr. Jones: -- to talk about something that's different. I know at the budget hearing, I stated to Commissioner Regalado how one day he said to me how proud he was of me because I'm aggressive and I stay focused. I wanted to let him know that I meant that when I told him I appreciated that, because oftentimes we don't tell people when they change things in our life, and that was something that he said to me that stick with me, and every time I feel like giving up, I think about Commissioner Regalado. Every time I feel like giving up on something that I feel passion about -- and I know oftentime [sic] I come here I get emotional, butt just wanted to let Commissioner Regalado know how much him telling me that changed my life. It meant a lot to me, Commissioner Regalado. Thank you so much for letting me experience -- you experience how much you appreciate how dedicated I am to the things that I do, OK. I wanted -- Chairman Gonzalez: We -- Mr. Jones: -- to let you know that before I forget about it. Chairman Gonzalez: -- and we should all be. Mr. Jones: Thank you. Chairman Gonzalez: We should all be. Mr. Jones: Another thing, Commissioner, is that I wanted to thank Commissioner Spence [sic] for making the motion to appoint me to the Code Enforcement Board. I serve this Commission well on the Code Enforcement Board. It's a honor for me to sit on the Code Enforcement Board, and it's a honor for me to acknowledge and appreciate you all having the trust in me to serve this City and the residents of this City by sitting on the Code Enforcement Board, but I do want to say is that, you know, the Code Enforcement Board meets two, and a lot of times, three times a month, and we here from 5 and sometimes 11 at night, you know, and the City did started awarding us some lunch to be able to eat while we here those long hours, and just recently, somebody decided to take that away from us. Now we're not paid. We're -- we donate our services three times a month at the City, hearing the City cases, making recommendations on residents in the City, and at least we can have something to eat when we here three times a month, from 5 o'clock to sometimes 11 o'clock at night. At least, at the very least -- we don't get anything else -- we should be able to have -- last night, we ate last night. One of the Commissioners had to make sure -- Commissioner Haskins had to make sure that was available for us, you know. It's unfair for us to have to sit here, you know, those long hours and not, at least, have something to eat since we (UNINTELLIGIBLE) -- City ofMiami Page 172 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Chairman Gonzalez: Mr. City Manager. Commissioner Regalado: Don't go, don't go, don't go. Chairman Gonzalez: Don't go. Commissioner Spence -Jones: I think we're going to also address that during the budget. Commissioner Regalado: I mean, you know -- Chairman Gonzalez: We need -- Commissioner Regalado: -- I pitch in to have the lunch boxes back for the Code Enforcement Board. The Code Enforcement Board is the -- is one of the major boards and they are not allowed to get any pay, no insurance, nothing, nothing at all, and they -- I seen their meetings on TV (television) -- well, reruns because Igo to bed early. I -- but it's unfair, and the fact that they don't have even a meal in the back, it's -- I'm troubled for that, because you know, it is unfair. You cannot -- then we are told, oh, there wasn't a quorum. Of course, the guy has to come here at 5 o'clock and leave at 11 o'clock, and you know -- one of the persons that I appointed came in a wheelchair in the last meeting because he had a terrible accident, and as -- and he left the hospital and started rehab, he decided that he wanted to come here to participate because he loves to do this free for the City, and I would like to commend Hugh Ryan for doing this, but it's unfair not to have something serve for the board members. They should have, in the back, you know, drinks, refreshments, food, because it will be easier for the Chairman to alternate and send people to have something to eat. It is unfair to have people in this board work from 5 to 11 only with a snack machine, and sometime the snack machine is empty, so you know. Commissioner Spence -Jones: I'm sorry, Mr. Reg -- Chairman Gonzalez: All right. Commissioner Spence -Jones: Mr. Chairman, I know that we're addressing one -- an additional issue. I'm going to ask that Mr. Jones and the Manager -- I know that this is something that I sent him a copy regarding the overall budget. We are going to address the budget this afternoon, so if the City Manager can at least look at addressing that at that particular time, I would greatly -- I'm sure my colleagues would also greatly appreciate that. I think what we're -- we're focused on, Mr. Jones, right now is the OAB item so that we can get past it and move -- Mr. Jones: Yeah. Commissioner Spence -Jones: -- to the next one. [Later...]" Charles J. Flowers: Good morning. Charles J. Flowers, 1000 Northwest North River Drive. I'm a past president or chairman of Overtown Advisory Board. I was the Chairman there for about eight and a half years before I was called away in '98 by the government to go to Japan. Yes, we need a change, and I'm glad to see the change, and I hope the change also goes from, as we said, from the tracks to 12th Avenue. I live in Spring Garden. I grew up Overtown, and they said for the last seven and some odd years, Overtown, but the thing is that we need to include Spring Garden because we did so with the Empowerment Zone, as we did it forAllapattah, and I was one that went to Washington, along with Ms. Curry, to make sure we had Empowerment Zone, and thatAllapattah also was one of those, so, yes, we need a change. I'd like to make a correction for Ms. Green. You know, I'm a Bahamian. A Bahamian is not called a Geechee. City ofMiami Page 173 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Geechee come from South Carolina, OK, OK -- Rosa Green: (INAUDIBLE). NA.3 06-01783 DISCUSSION ITEM DISCUSSION REGARDING INSPECTION OF GAZEBO DISCUSSED Chairman Gonzalez: PZ.3. Vice Chairman Sanchez: No. Did -- Chairman Gonzalez: Mr. Toledo -- Vice Chairman Sanchez: -- we vote on PZ.2? Chairman Gonzalez: -- we have -- Commissioner Regalado: Yeah. Chairman Gonzalez: -- an issue -- you and I had a conversation in reference to one of these Code Enforcement cases, and you gave me an opinion that the person was in his right because he built that with permit, the permit that was signed by the inspectors, and plans that were approved by the City. You know what I'm talking about? OK. I hope that you gave me the right advice, and that was -- right? You still believe firmly that that person doesn't have any problem with the gazebo that he built? Orlando Toledo (Senior Director, City Manager's Office): He has no problems with the gazebo he built. There's questions when the inspectors went out there. Chairman Gonzalez: OK. Mr. Toledo: He never finalized the actual permits, and that's the problem that I'm frying to see how exactly we could deal with it, because there was never a final -- Chairman Gonzalez: Yeah, OK -- Mr. Toledo: -- for those. Chairman Gonzalez: -- but -- OK. I know that's not part of the agenda, and I don't want to take time from my colleagues to discuss that, but let me tell you. Commissioner Regalado: But is it a gazebo? Chairman Gonzalez: A gazebo, yeah. A gazebo. Commissioner Regalado: OK. It's not -- Indians don't live there, right? Chairman Gonzalez: No, Indians don't live there. No, no. Commissioner Regalado: OK. Chairman Gonzalez: No, not yet, not yet. He's -- Commissioner Regalado: It's not (UNINTELLIGIBLE). City ofMiami Page 174 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 NA.4 06-01784 Chairman Gonzalez: -- planning on renting it. He's planning -- Commissioner Regalado: Right. Chairman Gonzalez: -- to rent it to some Indians, but not yet. Commissioner Regalado: OK, OK. Chairman Gonzalez: What is being challenged is the setbacks, correct? And I don't think you need to go to Harvard to disclose -- to, you know, come to this conclusion. When they build the foundation of that gazebo, someone -- an inspector had to go there and inspect the trench, the items that were being installed, and the concrete, and the foundation, right? Hr. Toledo: And in addition, the setback. Chairman Gonzalez: Pardon me? Hr. Toledo: And also the setback should have been checked. Chairman Gonzalez: And also the setback, right? Hr. Toledo: Um -hum. Chairman Gonzalez: And that inspector sign -- did he sign? Hr. Toledo: Yes. Chairman Gonzalez: So that gets my answer, so if he went back afterwards and sign the final, or he didn't never went back and find the sinal [sic], that's a problem of the Administration, of the - - of that inspector boss that should have been supervising and making sure that the inspector went back and did his job. That shouldn't be the responsibility of the property owner that, once again, is paying high taxes in this City to pay all of you guys salaries, our salaries, and everybody salaries, and on top of that, we get on top of their cases and make their life miserable, so I hope that we -- I hope that, at one point next week, we conclude this case, all right? Thank you, sir. DISCUSSION ITEM DISCUSSION REGARDING SPECIAL MEETING FOR HOME DEPOT DISCUSSED Commissioner Regalado: Let me -- Chairman Gonzalez: Let's take a recess, 15 minutes. Commissioner Regalado: -- ask this. I have been officially informed that we may have a special meeting about some issue -- the Home Depot issue. Is that something that we need to -- Chairman Gonzalez: I haven't heard -- Commissioner Regalado: -- know? Chairman Gonzalez: -- anything about that, and they -- Commissioner Regalado: No? City ofMiami Page 175 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Chairman Gonzalez: -- should have notified the Chairman, I guess. Jorge L. Fernandez (City Attorney): Never heard -- Commissioner Regalado: They should -- Mr. Fernandez: -- any such thing. Commissioner Regalado: No? Chairman Gonzalez: I mean -- Commissioner Regalado: OK, OK. Chairman Gonzalez: All right. Mr. Fernandez: Rumors. Commissioner Regalado: No. I mean, because if we do -- Commissioner Haskins: But they were rumors. Commissioner Regalado: OK. Mr. Fernandez: Rumors. Chairman Gonzalez: It would have been a surprise that I -- Vice Chairman Sanchez: Rumors. Chairman Gonzalez: -- have not been notified, but it -- Commissioner Regalado: Not me. Chairman Gonzalez: -- would have been -- Vice Chairman Sanchez: They're always a lot. Commissioner Regalado: Well, I usually -- I'm not informed, so this -- Chairman Gonzalez: But you know -- Commissioner Regalado: -- is why, but -- Chairman Gonzalez: -- I mean -- Vice-Chairman Sanchez: Rumors. Commissioner Regalado: -- the fact is -- Chairman Gonzalez: That would have been normal in this city. Commissioner Regalado: -- that we still -- City ofMiami Page 176 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Vice Chairman Sanchez: Rumors in this city? No. Commissioner Regalado: -- have some items here in the agenda -- Chairman Gonzalez: Right. Commissioner Regalado: -- and we don't know how long is the budget. By law, we have to finish at some time, and you know, if the people are going to be waiting here, that's -- Chairman Gonzalez: Right. Hopefully -- Commissioner Regalado: -- that was my point. Chairman Gonzalez: -- the budget should go through -- Vice Chairman Sanchez: In an hour. Chairman Gonzalez: -- in about an hour, an hour and a half I hope, and then we can, you know, take the other items that we got left. If not, then we'll leave 'em for the next Commission meeting. Thank you. Vice Chairman Sanchez: Hey, now you know what we go through. Priscilla A. Thompson (City Clerk): Ladies and gentlemen, those of you in the audience, if you plan on speaking on the budget and/or -- I'm sorry, sir -- the P&Z (Planning & Zoning) items, please, we need you to sign in. We have two individuals here that will sign you in, so if you're planning to speak on any budget items or the remaining P&Z, we do need you to sign in. Thank you. NA.5 06-01776 DISCUSSION ITEM DISCUSSION REGARDING THE CREATION OF A BLUE RIBBON COMMITTEE CONSISTING OF ACCOUNTANTS, ACTUARIALS, AND PENSION LAW ATTORNEYS. MOTION A motion was made by Vice Chairman Sanchez, seconded by Commissioner Haskins, and was passed unanimously, directing the City Manager to create a blue ribbon committee of professionals in the field of accounting, actuarial, and pension law attorneys to review the pension issue and provide a report, with recommendations, to the City Commission within sixty (60) days. Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: Mr. Vice Chair, you're recognized. Vice Chairman Sanchez: Thank you, Mr. Chairman. I think for us to make an intelligent determination, we need to gather as much information as we can from the experts on this, and I am going to be presenting a motion directing the City Manager to create a blue ribbon committee of professionals in the field of accounting, actuarials [sic], attorneys in the field of pensions to review the pension issue and provide a report with recommendation to this legislative body within 60 days. So move. Chairman Gonzalez: We have a motion on the floor. Commissioner Regalado: Wait a minute because -- City ofMiami Page 177 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Chairman Gonzalez: She didn't hear -- Commissioner Regalado: -- Commissioner Haskins needs to vote on the - Chairman Gonzalez: -- your -- Commissioner Regalado: -- budget. "[Later...]" Vice Chairman Sanchez: Did you understand the motion that made? Did you --? Chairman Gonzalez: No. You better restate it. Vice Chairman Sanchez: All right. Commissioner Haskins: I did. I listened. Vice Chairman Sanchez: You listened to it? Chairman Gonzalez: You heard? Vice Chairman Sanchez: All right. Let me just put it on the record again. It's a motion directing the City Manager to create a blue-ribbon committee of professionals in the field of accounting, actuarial, attorneys who practice pension laws to review the pension issue and provide a report with recommendations to this legislative body within 60 days. So move. Commissioner Haskins: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." Commissioner Regalado: Comment. Chairman Gonzalez: Discussion. Commissioner Regalado. Commissioner Regalado: It's important to have the help of many expert, but there is an issue -- the Manager has gone on record in all the media, today and several days, saying that he hope to have the contracts issue sort of resolved. That's what you said, or at least in -- before the end of the year. Is that what you said -- Pedro G. Hernandez (City Manager): Yes, I did. Commissioner Regalado: -- more or less? Mr. Hernandez: I did state that, yes. Commissioner Regalado: OK, so it would be very difficult for you to do what you have to do with the contract without having some concrete idea of the pension issue because one thing goes with another, I would figure that, you know. Pension is not only an issue for us, but for the unions, and it's part of the bargaining table, so I don't know. I -- Mr. Hernandez: Well, in essence, I think that these are two things that can work in parallel because, obviously, I'm not going to stop ongoing negotiations. I will continue to pursue them. We have a plan that we're pursuing and we hope to make progress, but at the same time, I think City ofMiami Page 178 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 it's wise to have this, let's say, blue-ribbon panel to which we can present our plan, that we can receive some advice, but the idea would be not to hold off and wait, but rather, go in parallel tracks. Vice Chairman Sanchez: I would love to resolve the issue tomorrow, but think that we need to get proper information based on professionals that could guide us through this very complicated process, so I am not prepared to amend my motion. Chairman Gonzalez: All right. We have a motion and we have a second. You -- Commissioner Regalado: Is this going to cost money? No -- Mr. Hernandez: No. Commissioner Regalado: -- because -- let me ask this. I know that Larry and you met with the City actuaries all day Friday, right? And I think (AUDIO INTERRUPTED) -- Larry Spring (Chief Strategic Planning, Budgeting & Performance): There you go, there you go. No. You should be back -- Commissioner Regalado: OK. Mr. Spring: -- now. You should be back. Commissioner Spence -Jones: Testing, testing. No. All of them -- Vice Chairman Sanchez: They're all out. Commissioner Regalado: I knew -- Chairman Gonzalez: They cut -- Commissioner Spence -Jones: Pete, are you still taking us to dinner? Commissioner Regalado: --Arriola was coming back. Chairman Gonzalez: You see. Commissioner Spence -Jones: No? Chairman Gonzalez: You see. Mr. Hernandez: No. I'm not responsible for it. I did -- Jorge L. Fernandez (City Attorney): You're back on. Commissioner Regalado: OK. I'm just saying, if we're talking to these actuaries, are we going to listen to them, or would rather have a panel of experts? I don't understand. Mr. Hernandez: Commissioner, I think the -- I plan to continue to move forward with the senior team that have working on negotiations with the unions. In parallel, I can have this blue-ribbon panel ready within the next ten days, and I can report to you at the next regular Commission meeting on October 12, but think that can work both -- in parallel tracks. I can have -- I continue negotiations, and I can have this, let's say, sounding board in place soon enough where they can help in what we're trying to get accomplished -- City ofMiami Page 179 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Vice Chairman Sanchez: This -- Mr. Hernandez: -- and provide some advice. Commissioner Regalado: Fine. Vice Chairman Sanchez: -- blue-ribbon committee will not cost the City ofMiami a penny. We have tremendous talent in this city that are willing to assist the City pro bono and not charge us anything, but we need to utilize our brightest talent that we have out there, and I believe that, once we do that, we will have more information -- accurate information because what's happening here is a lot of misinformation and a lot of rumors and innuendo, and we need to provide people with the truth, all right? Because if we're going to be providing people, let's provide people the truth, and I believe these people, these professionals that will come back with this recommendation, whatever it may be -- Chairman Gonzalez: Can I -- Vice Chairman Sanchez: -- will be the truth. Chairman Gonzalez: -- make a comment on that? Vice Chairman Sanchez: Sure. Chairman Gonzalez: Can I make a comment on that? You know what? I agree with you a hundred percent on that. Me, personally, I would like to have an independent panel brief me and enlight me because I hear the union says that -- say that the Administration are the bad people, and I hear the Administration saying that the unions are the bad people, and I hear the unions saying that we have a lot of money, that, you know, they should get a big raise; they should get this benefit and that benefit, and the other benefit, and I hear the Administration saying we don't have enough money. We're going to go in bankruptcy, so -- and I want to be fair. If we ever need to vote on the item, I want to be fair to them, and I want to be fair to the City, and to the taxpayers because, after all, the ones that are going to keep paying the pensions and the salaries and the benefits and everything is the taxpayers and the property owners of the City ofMiami, and let me tell you. One thing that is very sad is that probably 90 percent of the Police force and the Fire Department don't live in the City ofMiami; is that correct? Eighty percent or ninety percent? Edward Pidermann: I don't think that's the number, but it's -- Vice Chairman Sanchez: That's irrelevant. Chairman Gonzalez: Let's say 70 -- Mr. Pidermann: I really have no idea. Chairman Gonzalez: -- percent. Mr. Pidermann: OK. Chairman Gonzalez: -- so you're not suffering what the City residents are suffering with the taxes, with the insurance, with the fees, with the licenses, with everything that they have to put up with in order to preserve their businesses and to preserve their homes. I don't know if you realize it. I don't know if you have any senior citizens in your families that are property owners in the City ofMiami, but we have senior citizens that are about to lose their homes, and if they City ofMiami Page 180 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 don't lose their homes because they're can't make payments on the insurance and they can't make payments on the taxes, eventually, if they have -- if we have another hurricane, they're going to lose their home because they going to lose their house, and they won't have insurance to cover the damages. That's how bad situation is in the City ofMiami, and -- Vice Chairman Sanchez: Mr. Chairman, with all due respect, I call the question. Chairman Gonzalez: All right. Thank you. Thank you for cutting me off. Mr. Pidermann: Commissioner -- Chairman Gonzalez: We had a motion. You want to -- Mr. Pidermann: IfI can have two seconds -- Chairman Gonzalez: Yes, sir, of course. Mr. Pidermann: --and I'm not going to be argumentative or -- Chairman Gonzalez: Of course, of course. Mr. Pidermann: -- anything. I would just like -- Priscilla A. Thompson (City Clerk): I'm sorry. I need you to -- Pidermann: Edward Pidermann, the Miami Association of Firefighters. I just wanted to make a quick comment, and I don't necessarily disagree with the blue-ribbon panel. I think that there may be a good value to that panel. However, I think that the City Manager, who's only been here for now a month and a half or two months, he was thrust into the time period just before the whole budget process. He -- I don't want to speak for him, butt would think that a majority, if not all, of his time has been concentrated on frying to complete this budget process. I think we have established a phenomenal relationship with the new City Manager, one that we didn't necessarily -- and it's obvious -- have with the previous Administration. I think that breakdown in relationship may have been the main cause of why this has taken so long. I'm not going to put blame. It is what it is, but I think that it may be a value that now that the budget process will probably be finished tonight, that the City Manager will now have a much larger opportunity to be able to concentrate on completing these confracts. I think that the City has taken a position now, which they didn't in the past, which is they have hired an outside actuary. They have their own counsel with regard to actuarial studies. They obviously have counsel with regard to legal matters. The pension board, obviously, has their counsel. The unions have their counsel. I think that if we allow the process that I think the City Manager is planning to speed up and take it over the next -- he is committed to try and make an honest effort. The unions have committed to him that we're on board to make it happen too, to try and get this completed and find a solution to the pension situation and seal up the contracts; complete the negotiations to the contracts, and we all know that the confracts and the situation with the pension payments are all linked together. I think that if we allow him the opportunity, over the next two to three months, to make that happen -- and if that doesn't happen, if that is not able to be completed, we aren't able to come to the table and find a solution to the pension situation, we're not able to complete the negotiations over the next two to three months, that then maybe the opportunity might be to go back to this idea and revisit this idea, and then implement that idea of the blue-ribbon panel, but I think that it may be -- and I'm not downplaying the importance of this panel, but it may be something -- we may want to at least give him an initial opportunity, now that the budget's over, to take the next two to three months and give him the chance to work with the unions to find the solution to the pension situation and the contracts, and if it doesn't come to fruition, that maybe it's revisited following these next three months that he's committed to work City ofMiami Page 181 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 with the unions and the unions have committed to working with him to fry and find the solution to both issues, the contracts and the pensions. Commissioner Spence -Jones: Mr. -- Chairman Gonzalez: Thank you, Mr. Pidermann. Commissioner Spence -Jones: -- Chairman, I just spoke to the City Manager, and he -- I think that he would like to have that group, just to have somebody to bounce it off on. He says -- Chairman Gonzalez: All right. I was going to call the question. Vice Chairman Sanchez: Yes. Commissioner Spence -Jones: Yeah. Chairman Gonzalez: We have a motion and we have a second on the question. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed, say "no." It passed unanimous. OK. Let's move to BH.4. Commissioner Haskins: Can Charlie speak for a minute here? Chairman Gonzalez: Oh, Charlie, I'm sorry. Charlie Cox: Char -- Chairman Gonzalez: Go ahead. I'm sorry. Mr. Cox: I just want to take two seconds, and I don't care how many consultants and actuaries and anybody else you want to use because you know what? The fruth is what it is -- Vice Chairman Sanchez: There you go, Charlie. Mr. Cox: -- and I don't have a problem with that -- Vice Chairman Sanchez: That's the first thing -- Mr. Cox: -- but will -- Vice Chairman Sanchez: -- that you and I -- Mr. Cox: -- tell you not once -- you know what? I'm tired of it. I haven't come to any of you complaining. I have not been at the table one damn time for my employees, and you think your cops are upset? What about the people I represent? That's 1,100 people. Not once have I been to the table, and he asked me to wait, and I'm waiting, but I'm not going to sit here and say that we're the ones that are causing this problem. You're right, I don't live in the City ofMiami. Chairman Gonzalez: I'm not saying that. Mr. Cox: Guess what? I get my hair cut in the City ofMiami. I get my gas tank filled in the City ofMiami. I own a building in the City ofMiami, and that's commercial; that's not a home. City ofMiami Page 182 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Vice Chairman Sanchez: Charlie -- Mr. Cox: I pay all the fees that we pay and everything else, and if you think I'm not proud of it, buddy, I've got 31 years here, a lot more than any of you sitting here have in the City ofMiami. I was born in Jackson Memorial Hospital, but I've had enough of the backstabbing, and I don't know how many consultants you need because they've had them, and they've wasted more money on consultants than I've ever seen in my life, just like Commissioner Regalado said, but you know what? Go get a hundred more. The truth is what it is. Vice Chairman Sanchez: Charlie, that -- Mr. Cox: Thank you. Chairman Gonzalez: And that -- Vice Chairman Sanchez: -- that's the first thing that you -- Chairman Gonzalez: -- and that's -- Vice Chairman Sanchez: -- and I agree in quite some time. Chairman Gonzalez: Exactly, and that's all I want to know. I want to know the truth. I want to know the truth for everyone. Commissioner Spence -Jones: Mr. Chairman -- Chairman Gonzalez: Yes. Commissioner Spence -Jones: -- if you allow Mr. Simmons to at least also -- Joe Simmons: Joe Simmons -- Chairman Gonzalez: You know, it's a very -- Mr. Simmons: -- 1798 -- Chairman Gonzalez: -- very passionate -- Mr. Simmons: -- Northwest 57th Street, president ofAFSCME (American Federal, State, County, and Municipal Employees) Local 871. Chairman Gonzalez: -- statement, but it's -- you know, it doesn't -- Mr. Simmons: Commissioners -- Chairman Gonzalez: -- move my heart. Mr. Simmons: -- the pension issue is long history. Maybe the public is not aware of all of the history behind it. You guys are aware of it. Chairman Gonzalez: Well, you know, the reality is -- Vice Chairman Sanchez: Come on, Joe. Chairman Gonzalez: -- that you want -- you don't want to talk about history because you know City ofMiami Page 183 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 what? You can go back to those taxpayers and give them all the history that you want to give them. Mr. Simmons: Yeah. Chairman Gonzalez: You know what they look at? The bottom number, and the bottom number is that they're going to -- pretty soon, they're going to be losing their buildings, they're going to be losing their income, and you know what? All of us, you, I, her, her, him, them, all of us have a job because of them. They pay our salaries. They pay our benefits. They pay our medical insurance. They pay things that we have that they don't have, that they can't enjoy, and that's reality. You want to talk about reality? That's reality, so -- Applause. Chairman Gonzalez: -- we just called -- Vice Chairman Sanchez: No, no. Chairman Gonzalez: -- the question. BH.4. Mr. Simmons: Mr. Commissioner, I wasn't finished. Chairman Gonzalez: Well -- Mr. Simmons: Everyone else had the -- Chairman Gonzalez: -- we need to finish -- Mr. Simmons: -- opportunity. I think -- Chairman Gonzalez: -- because we need to -- Mr. Simmons: -- it would be -- Chairman Gonzalez: -- move with the items. Mr. Simmons: -- courteous to allow me to speak. You allowed -- Chairman Gonzalez: Go ahead. Mr. Simmons: -- everyone else. Chairman Gonzalez: Go ahead. Mr. Simmons: Solid Waste is one of the only departments that have suffered for so long; equipment -- we've met with the City nearly 32 times -- Chairman Gonzalez: And we always recognize that. Mr. Simmons: -- and what we have proposed is reasonable. The City has responded back with taking a hardball stance. We had no attorney at the table in the beginning. There was always a staff person from the City ofMiami and our folks. The City changed attorneys twice, so at this point, we decided, listen, they want to play this game. We're going to bring our attorney in, and guess what? You know how attorneys think. Everything is litigation. The problem is Solid Waste have suffered long enough. We have gone without raises for many years. Our people City ofMiami Page 184 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 haven't had an increase in two and a half years. I don't think that that's fair. You're talking about dealing with the pension issue. Let's deal with it, but at the same time, you're not going to put a gun to our head or strong-arm us into agreeing to something that's not beneficial for our folks. It has to be a win -win for both sides. That's the balance. It's something -- Chairman Gonzalez: That is the balance. Mr. Simmons: -- the City has to give up, it's something we got to give up, but if the City don't want to compromise, you know, I don't think that's a fair process, and it's not fair to the taxpayers. We've served these residents diligently, and we served them day in and day out without a problem. When you go to your home and someone say their garbage isn't picked up, they call 311. At times, they call me because they figure I got a inside track. It shouldn't be that we're pitting our -- that you guys are pitting yourself against the employees. We're the ones that bailed the City out. Believe it or not, ten years ago, the City was in a crisis. Solid Waste is probably the only department that came to the table with money. We gave $10 million up, and every year, our size of our department is decreased. I started in this City 15 years ago, 1991. We went from 700 employees to 200 employees, and the City's still growing everyday, and basically, you're putting more pressure on the equipment, you're putting more pressure on the people, and by the way, we don't get vacation because we have to use our vacation while waiting for a drug test. Thank you. Chairman Gonzalez: Thank you. Commissioner Spence -Jones: Thank you, Joe. NA.6 06-01785 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONSOLIDATING THE NOVEMBER AND DECEMBER REGULAR AND PLANNING AND ZONING COMMISSION MEETINGS FOR NOVEMBER 9, 2006 AND DECEMBER 14, 2006, RESPECTIVELY. Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Haskins, Sanchez, Regalado and Spence -Jones R-06-0577 Chairman Gonzalez: OK. Do we have any pocket items? Any pocket items from the Commission or from the Administration? None. Mr. City Manager, you're recognized. Pedro G. Hernandez (City Manager): Mr. Chairman, I would like to be able to discuss with the Commissioners the Commission dates for the months of November and December. The November schedule calls for a meeting on November 23, which is Thanksgiving. You have the option -- your other meeting in November is November 9. Chairman Gonzalez: All right. Mr. Hernandez: You have the -- Chairman Gonzalez: What -- Mr. Hernandez: -- option of having a meeting on the 9th and the 16th or combining it into one. Chairman Gonzalez: -- we have been doing in the last two years is -- City ofMiami Page 185 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Vice Chairman Sanchez: Combining into one. Chairman Gonzalez: -- we have combined both meetings in one meeting in November, and also, one meeting in December because I believe the meeting in December also falls around the 26, the -- Mr. Hernandez: Right -- Commissioner Haskins: -- 27, or whatever. Mr. Hernandez: -- but for December, you have one scheduled for December 14 -- Chairman Gonzalez: OK. Mr. Hernandez: -- and the next one for the 28th. Chairman Gonzalez: You see, so I don't know what my colleagues -- how my colleagues feel about it, but I believe that we should consolidate in one meeting every month -- each month. Commissioner Regalado: Absolutely. No problem. Vice Chairman Sanchez: What is the will of the Commission? Mr. Hernandez: On November, you have the two choices, either the 9th or the 16th. Chairman Gonzalez: Yes. Vice Chairman Sanchez: I'd rather do it -- Commissioner Regalado: No. Vice Chairman Sanchez: -- on the 9th. Chairman Gonzalez: On the 9th. Mr. Hernandez: On the 9th. Vice Chairman Sanchez: November? Mr. Hernandez: November -- Vice Chairman Sanchez: Am I in town? OK. Mr. Hernandez: -- and for December, of course, we could do it all on December 14 -- Chairman Gonzalez: Yes. Mr. Hernandez: -- which is the scheduled meeting. Vice Chairman Sanchez: OK. Chairman Gonzalez: That's correct. Commissioner Haskins: Yes. City ofMiami Page 186 Printed on 10/23/2006 City Commission Meeting Minutes September 28, 2006 Commissioner Regalado: Correct. Chairman Gonzalez: Right. Mr. Hernandez: So then, on those two months, we'll have one single meeting, one on the 9th of November, and then the next one on the 14th -- Chairman Gonzalez: Of December. Mr. Hernandez: -- of December. Vice Chairman Sanchez: Need a motion. Chairman Gonzalez: Yes, sir. Priscilla A. Thompson (City Clerk): Yes, because -- I think you do need a motion letting everyone know that it's a combined meeting for November and a combined meeting for December. Vice Chairman Sanchez: So move -- Commissioner Spence -Jones: Second. Commissioner Regalado: Second. Vice Chairman Sanchez: -- for both -- Chairman Gonzalez: We have a -- Vice Chairman Sanchez: -- November and December to be a combined meeting on the days that have been mentioned by the City Manager. Chairman Gonzalez: -- motion and we have a second by Commissioner Spence -Jones. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right, and we need a motion to adjourn. Vice Chairman Sanchez: That one's always welcome. Commissioner Haskins: Could --? Chairman Gonzalez: Thank you. City ofMiami Page 187 Printed on 10/23/2006