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HomeMy WebLinkAboutCC 2007-05-24 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com i[ 4: "� * 1,.70)E 1.7CILIT€'p is. a r 'may/ ,-.As4i.. Meeting Minutes Thursday, May 24, 2007 9:00 AM PLANNING AND ZONING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Angel Gonzalez, Chairman Joe Sanchez, Vice Chairman Marc David Sarnoff, 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 May 24, 2007 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES PA - PERSONAL APPEARANCES M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS RE - RESOLUTIONS ES - EXECUTIVE SESSION 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 ofAliami Page 2 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present Chairman Gonzalez, Commissioner Sarnoff, Vice -Chairman Sanchez, Commissioner Regalado and Commissioner Spence -Jones On the 24th day ofMay 2007, 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 9:32 a.m., recessed at 12:54 p.m., reconvened at 2:37 p.m., recessed at 7: 01 p.m. to convene an attorney -client session, reconvened at 7:34 p.m. to convene the Commission meeting, and adjourned at 7:54 p.m. Note for the Record: Commissioner Spence -Jones entered the Commission chambers at 9:33 a.m. Note for the Record: Commissioner Sarnoff entered the Commission chambers at 9:35 a.m. Note for the Record: Commissioner Spence -Jones entered the Commission chambers at 2:40 P.m. Note for the Record: Vice Chairman Sanchez entered the Commission chambers at 2: 42 p.m. Note for the Record: Vice Chairman Sanchez entered the Commission chambers at 7: 38 p.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Pamela Burns, Assistant City Clerk Chairman Gonzalez: We are ready to begin this Commission meeting. Welcome to the May 24, 2007 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, Marc Sarnoff and me, Angel Gonzalez, Chairman. Also on the dais are Pedro Hernandez -- I'm missing Pedro Hernandez -- the City Manager, Jorge Fernandez, City Attorney, and Pamela Burns, Assistant City Clerk. The meeting will be opened with a prayer by Vice Chairman Sanchez and the pledge of allegiance by Commissioner Regalado. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 07-00674 CEREMONIAL ITEM Honoree Presenter Protocol Item National Tourism Week Mayor Diaz Proclamation Employee Free Choice Act Day Chairman Gonzalez Proclamation 07-00674 Protocol List.pdf 1. A proclamation was made by Mayor Diaz proclaiming May 20 - 27 as National Tourism Week in the City ofMiami, whereby local officials join the Greater Miami Convention & Visitors Bureau in tribute to the 11.5 million annual visitors to Greater Miami and the Beaches who generated $16.3 billion in direct expenditures; further, William Talbert, of the Greater Miami Convention & Visitors Bureau, recognized the Mayor, Commissioners, and City Manager for City ofMiami Page 3 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 MAYORAL VETOES their leadership and support in the success of travel and tourism; further recognizing the City of Miami Hotel Task Force. 2. Commissioner Sarnoff presented Mayor Diaz with the book titled 'Miami: The Magic City," autographed by Seth H. Bramson. 3. Commissioner Sarnoff, on behalf of the Mayor and Commissioners, expressed condolences to the family of the late Vincent Thomas Delmore, whose life was fatally ended while crossing US 1 and Southwest 27th Avenue, on May 20, 2007. 4. A proclamation was made by Chairman Gonzalez proclaiming May 24 as Employee Free Choice Act Day, which recognizes the noteworthy value of workers' freedom to bargain collectively. Chairman Gonzalez: Thank you. You may be seated. Now we're going to go into the proclamation and presentations. Mr. Mayor, you have a proclamation. Mayor Manuel A. Diaz: Yes, I do. Good morning. Thank you, Mr. Chairman. Presentations made. NO MAYORAL VETOES Chairman Gonzalez: All right. Let the record reflect that there hasn't been any vetoes from the Mayor's office; is that correct? Pamela E. Burns (Assistant City Clerk): That's correct. Chairman Gonzalez: Thank you. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: All right. We're ready to begin with the regular agenda. OK. Vice Chairman Sanchez: We need to approve the minutes. Chairman Gonzalez: Yes, yes. Just a minute. Just a minute. Commissioner Spence -Jones: Mr. Chairman, do you want to get the PA (Personal Appearance) item out of the way, the -- so that the Bureau can go and they don't have to wait for -- because this -- I know we have a 10 o'clock --10 a.m. time certain, but -- I know the Bureau is here. He has a personal appearance. Chairman Gonzalez: Which item is that? Unidentified Speaker: PA. Commissioner Spence -Jones: It's -- and he said it won't be long; 30 seconds. Vice Chairman Sanchez: But while -- Bill, while you set up, I make a motion to approve the minutes of the Planning and Zoning meeting ofApril 26, 207 [sic]. So move. City ofMiami Page 4 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Commissioner Sarnoff Second. Commissioner Spence -Jones: If not, you would have to wait. 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. Order of the Day Chairman Gonzalez: Mr. City Attorney, will you please state the procedure for the meeting? Jorge L. Fernandez (City Attorney): Mr. Chairman, Commissioners, members of the public. 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 Clerk's office. The material in connection with each item appearing on the agenda is available for inspection during business hours at the City Clerk's office and online. Formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto certain items approved by the City Commission within ten calendar days of the Commission action. The Commission may override such veto by a four fifth vote. Any person or entity requesting approval, relief or other action from the City Commission concerning any issue shall disclose, in writing, at the commencement or continuation of the hearing on the issue the following information: Whether any consideration has been provided or committed, directly or on its behalf to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action; to whom the consideration has been provided or committed; the nature of the consideration, and a description of what is being requested in exchange for the consideration. The disclosure form, which is available from the City Clerk, must be read into the record by the requesting person or entity prior to submission to the City Clerk. 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 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 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, persons who will speak should approach the microphone and wait to be recognized. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. PZ (Planning & Zoning) items will begin after 10 a.m., and there is no items being withdrawn by the Administration, Mr. Chairman. Chairman Gonzalez: Thank you, Mr. City Attorney. City ofMiami Page 5 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 PERSONAL APPEARANCE PA.1 07-00627 DISCUSSION ITEM MR. WILLIAM D. TALBERT, III, PRESIDENT & CEO OF THE GREATER MIAMI CONVENTION & VISITORS BUREAU TO ADDRESS THE CITY COMMISSION REGARDING AN UPDATE ON THE STATE OF THE VISITOR INDUSTRY IN MIAMI. 07-00627 Cover Email.pdf DISCUSSED Vice Chairman Sanchez: Bill. Chairman Gonzalez: OK. Let's take PA.1. Bill Talbert: Just a 30-second (UNINTELLIGIBLE) -- Chairman Gonzalez: I'm sorry. Wait a minute. Go ahead. Mr. Talbert: Bill Talbert, president and CEO (Chief Executive Officer) of the Greater Miami Convention & Visitors Bureau, 701 BrickellAvenue, Suite 2700, Miami, Florida, U.S.A. (United States ofAmerica). I just wanted to give you a little bit of the state of the industry. I think you're familiar with the -- of the strong numbers, 11.6 million overnight visitors, more visitors who spent more than in the history. That's the good news. We've got a few challenges. That's just what I want to get on the record as the challenges to the destination. One is the visa and the immigration process into this country. We are not yet back this community to pre-9/11 numbers for our international visitors. Miami has a higher percentage of international visitors than any designation in the United States. Forty-five percent of our customers are not from the United States. We have, by all studies, the worst entrance process in the world. In fact, surveys have indicated it's the worse by twice, so we're involved in a national partnership, Discover America Partnership, that's trying to get through some of those visa problems that plague this country, and just imagine how many more international visitors we would have. We are still five percent below pre-9/11 numbers for international visitors. You know, that's Canada, that's Germany, that's Brazil, that's Argentina, that's England. Now, with that said, we are not down as far as the rest of the country. The United States has suffered even more. That's one issue. We are, with our partners at the County and the City ofMiami Beach, going about a process of enhancing the Miami Beach Convention Center, the largest convention center in our destination, and I could tell you, when we have a citywide conventions, the hotels on this side fill up. We have challenges on customer service. Our board chair, Maria Sasfre, is taking the lead. She's with Royal Caribbean on raising the bar for Customer service. We're doing a variety of secret shopper programs, and we're in it for the long haul to raise our customer service levels. We have also -- we have challenges with competition, which compounds the immigration -- the visa issue of -- it takes you a hundred days to get a visa today in Brazil. You can hop on a plane in Brazil and fly to anyplace -- almost anyplace in the world. For instance, Dubai. Dubai has 50 five-star hotels they're building. They have beaches. They have weather. They have high -end shopping. They have high -end retail. They have high -end restaurants, so there's a lot of competition out there, so we need to make a breakthrough, and we think we're starting to make progress at the national level. We're involved in this national coalition, but there's a lot of competition out there. We're going now for the cycle, and there're 2,800 new hotel rooms in the City ofMiami that are going to come on line very soon. We're excited about that. It's all about infrastructure; it's all about product; all about customer service, but we're going to be with our City partners booking more conventions. We're obviously a very hot leisure destination. That's my report. Thank you very much. City ofMiami Page 6 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: Thank you. Commissioner Spence -Jones: Mr. Chairman, I just -- wanted to just make a comment. First of all, I want to commend Mr. Talbert for always being a supporter of the community and all the wonderful things that the Bureau has done and continues to do. I just wanted to at least make sure I give you like two little tidbit -- a couple tidbits just to make sure we have -- Mr. Talbert: We love tidbits, Commissioner. Commissioner Spence -Jones: -- your support. As you know, this board, or the CRA (Community Redevelopment Agency) Board, passed not too long ago a hospitality institute, and the whole purpose of it is to train people from the community so that they could get these hotel jobs and these cruise line jobs. I just want to make sure that there's a true partnership with the Bureau to make sure our neighborhoods and the residents in those neighborhoods have the opportunity to really utilize the partnership with the Bureau to make sure that they have access and support, so that's one thing that wanted to tell you -- Mr. Talbert: Absolutely. Commissioner Spence -Jones: -- and then the other thing is I do understand that we now have, which I know you didn't get a chance to mention today, a special focus on cultural tourism in neighborhoods, which I know that was a major push for your last year, and apparently, now you've identified two communities, Little Havana and Overtown -- I'm assuming right now that you're doing a major push with -- Mr. Talbert: Yes, ma'am, that's right. Commissioner Spence -Jones: -- and I really would like to encourage that we do put some tourist development centers or some like places where people can pick up information in those -- Mr. Talbert: Visitor centers -- Commissioner Spence -Jones: -- visitor centers. Mr. Talbert: -- and we have a mobile -- we have that mobile facility we can utilize, too, and we thank you for the involvement and your attendant to some of those meetings. Carole Ann Taylor is the chair at the Bureau of that effort. There is funding from the County. Commissioner Spence -Jones: Oh, good. Mr. Talbert: There is funding from the County. I think you were helpful in securing that -- Commissioner Spence -Jones: OK. Mr. Talbert: -- Commissioner, and we thank you, but we are very much committed to neighborhood and cultural tourism. Commissioner Spence -Jones: OK. Because I see -- when we see 11.5 million people, that's a lot of people coming to this area. Can we -- I could only imagine if some of that spilled over into these neighborhoods where the businesses and the other people would benefit from, and then last, but not least, my only comment is, I wanted to have your input regarding the issue of convention and conference space. I know that's becoming a big challenge. Many of the conferences and conventions are choosing not to go to Miami Beach, for whatever reason. I don't know if it the hotel cost or how -- distance it is from the hotels, but just for you to put on the record how important it is for, at least, downtown Miami to have adequate convention and City ofMiami Page 7 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 conference space. Mr. Talbert: Well, it is -- in fact, if you talk about the downtown package, if you take the package of the Hyatt, the InterCon., and the three hotels that are being built on both sides of the bay, there are 1,200 hotel rooms, and I know the general managers of all of those hotels are very active with us, and we look forward to booking more meetings and conventions downtown. The Performing Art [sic] Center is a venue; we're using that, and the Knight Center, so we're excited, as that -- you know, with conventions, it's about facilities; it's about meeting space, and it's about hotels. You're going to have 1,200 rooms within walking distance right in the downtown corridor, and we're very excited about that. Commissioner Spence -Jones: Well, I just wanted to make sure that you officially put that on the record because that's one of the things I've been pushing very hard to make sure we have adequate convention and conference space to even attract these individuals to the area, and especially since we have all these hotels coming on line, people have to have a place to at least have their meetings and their conferences or conventions. Mr. Talbert: Very important. Commissioner Spence -Jones: Thank you. Mr. Talbert: Thank you. Commissioner Regalado: Bill, one question -- Chairman Gonzalez: All right. Mr. Talbert: Mr. Chairman. Commissioner Regalado: -- Mr. Chairman, ifI may. Mr. Talbert: Yes. Happy birthday again, Commissioner Regalado. Commissioner Regalado: Thank you. Thank you. Forty-five percent of the visitors to Miami -Dade County come from foreign countries. Mr. Talbert: Yes. Commissioner Regalado: Besides the visa issue, which is a homeland security issue, that would be up to the executive and the worldwide war on terrorism, but there is some issues at the Miami International Airport level in terms of delays going through the different areas, and I know that Jose Abreu has been frying to work, but there are hundreds of agencies involved in the process, and some of the people are just deciding to use the Fort Lauderdale -Hollywood International Airport, and is that something that could reduce the ratio? Mr. Talbert: Well, 15 percent of all of the customers coming into Fort Lauderdale are Miami customers, 15 percent -- Commissioner Regalado: Right, that's what I thought. Mr. Talbert: -- and MIA (Miami International Airport) is the international airport of the region. There's not that much international business in Fort Lauderdale. To the extent it comes here, 15 percent of those customers are our customers; they're not going to Lauderdale. I can tell you, in working with Jose Abreu, there are -- there were two model airports that the United States governor set up for process, Dulles and Houston, I think for obvious reasons. We are now City ofMiami Page 8 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 positioned to be the next city for a model airport for this enhanced entrance process, so -- in fact, in meeting with Jose just yesterday, we think we can get that -- be the next, you know, nation's capitol, and I guess the other capitol, the Texas capitol, but we're excited about that possibility, and then we're involved in -- and that will make the process much easier. I mean, you've got the construction issues. The good news is to the airport, within a few months, the south, the brand-new south terminal's going to open, and we'll start to see a light at the end of the tunnel on this, you know, long, long process of building a new airport on top of an old airport, and with, what, 35 million customers coming through, it's a -- it's been a challenge. I can tell you, in working with the airport, they're about to launch partnership with us, them taking a lead at the airport, a whole focus on customer service. Miami International Airport, a focus on customer service, so I think as we all know, sometimes when a facility isn't, whether it's a hotel or whatever, top-notch, but the customer service is, you're going to go back. You're going to -- somebody cares, so I think we're working in partnership with MIA, and I think you'll read and see -- and we -- well, we survey our customers. We have 25 years of customer service survey, so we can tell when that level starts to go up, and you know, for the destination, the good news is, these five-star hotel products -- you had the Ritz -Carlton here in the room -- they have helped the destination customer service level go up just by five-star hotels being in the destination. They lead by example, and it kind of spins off but the Miami International Airport challenge -- I've been here 35 years, and it's been a challenge, but there seems to be a light at the end of the tunnel. Commissioner Regalado: Thank you. Commissioner Spence -Jones: Thank you, Bill. Chairman Gonzalez: All right. Thank you -- Mr. Talbert: Thank you for the 30 seconds. Chairman Gonzalez: -- very much. MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 07-00587 DISCUSSION ITEM DISCUSSION CONCERNING CITY OF MIAMI RECYCLING PROGRAM TO INCLUDE ALL OWNERS AND TENANTS OF PROPERTIES LOCATED WITHIN THE CITY OF MIAMI (WHETHER RESIDENTIAL, GOVERNMENTAL, INDUSTRIAL OR COMMERCIAL). 07-00587 Cover Email.pdf INDEFINITELY DEFERRED City ofMiami Page 9 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: Commissioner Sarnoff? Commissioner Sarnoff No. I'm going to waive -- let me say it right. I'm going to continue mine to an undefined date. Chairman Gonzalez: All right. D2.2 07-00659 DISCUSSION ITEM DISCUSSION CONCERNING THE CITY'S ABILITY TO EXPEDITE CAPITAL IMPROVEMENT PROJECTS FROM CONCEPTION TO PERMITTING. 07-00659 Cover Email.pdf INDEFINITELY DEFERRED [For minutes related to item D2.2, please see item D2.1.] D2.3 07-00660 DISCUSSION ITEM DISCUSSION CONCERNING STATUS REPORTS ON THE FOLLOWING: 1) PAUL S. WALKER PARK 2) PROPOSED OASIS PARK 3) PROPOSED 1001 BRICKELL BAY DRIVE PARK 07-00660 Cover Email.pdf INDEFINITELY DEFERRED [For minutes related to item D2.3, please see item D2.1.] City ofMiami Page 10 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 07-00591A DISCUSSION ITEM DISCUSSION REGARDING A REQUEST OF THE CITY OF MIAMI'S LOBBYING TEAM FOR THE 2007 SPECIAL SESSION OF THE FLORIDA STATE LEGISLATURE. 07-00591A Cover Memo.pdf DISCUSSED Commissioner Regalado: The other item is the legislation in Wash -- in Tallahassee. I -- and the other one will be brief but the legislation in Tallahassee. We have the special session actually beginning on June 12. By the way, so you know, today I think that the Governor veto $459 million in line items. Senator Rudy Garcia call me and told me that, so my -- probably projects from South Florida would have been victim, but my question is, what is the strategy of the City in this upcoming special session? I am a taxpayer. Are you using my money to lobby against me in Tallahassee? Pedro G. Hernandez (City Manager): No, Commissioner. On the confrary, I think that the City ofMiami has been quite proactive in understanding the necessity for reductions in property tax, and rather than be in denial and fighting it, we have been proposing ideas and plans and strategies that I think are -- have been well received and are part of what's being discussed or will be discussed by the House and by the Senate, so on the confrary, we are supportive of actions that will result in reductions. Commissioner Regalado: Yeah, but what is the goal that we're frying to achieve there -- Mr. Hernandez: Well -- Commissioner Regalado: -- ten percent reduction? Mr. Hernandez: -- it's difficult to talk about percentages, but it's around maybe 15 percent impact on property tax, but it all depends on how soon actions happen because it will require constitutional action, so you will need referendums. I don't know how much of the actions will take place before, let's say, the fiscal year '07/'08. There will be an impact in '07/'08. There will be a full impact in '08/'09. I think that's probably -- Commissioner Regalado: Yeah, because the referendum will be on the 29th ofJanuary on the primary -- Mr. Hernandez: Exactly. Commissioner Regalado: -- presidential primary. Mr. Hernandez: And in a way, I think it's better to be able to have a gradual approach to the reduction rather than a very sudden cut. It will allow the county municipalities to adapt better, but obviously, we are supportive of proactive actions in reductions in property tax. City ofMiami Page 11 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Commissioner Regalado: Well, thank you. Vice Chairman Sanchez: IfI could add -- ifI could just add to that. I -- as a matter offact, the framework that's being presented in Tallahassee now, which has been recommended by the Governor, the Senate president, and the House speaker, and along with the Democrats, calling it the winner, has been the plan that the Mayor has been working on, and I think it's important to praise the Mayor, and the Administration, and the staff up in Tallahassee, which really focuses on across-the-board tax relief on homestead exception [sic], on properties, on all those because we all know that this is going to be a referendum where people are going to have to go vote, and if they don't benefit from it, they're certainly not going to be supportive of it, so at least the City ofMiami has been sitting down at the table as a partner. You've read in many newspapers as some cities have used scare tactics to try not to reduce taxes. I think that our plan -- and I think that -- I have received the plan, a copy of the plan. I don't know if the other Commissioners received it. It's very significant, and it's something that, if it does get implemented in Tallahassee, it is going to provide a relief which I think is something that we're all very in favor of providing a relief to the most needed in our community, so I'm surprised you have not had a chance to review that report. The other Commissioner -- have you received that report from the Mayor? Commissioner Sarnoff I have. Vice Chairman Sanchez: You have? Commissioner Sarnoff Yes. Commissioner Regalado: No, I haven't. Vice Chairman Sanchez: You haven't? Mr. Chairman, have you received that report? Well -- all right. Chairman Gonzalez: All right. Next. Commissioner Regalado: But anyway, the -- what the Vice Chairman is talking about is what the -- this republican state representative is introducing from north Florida, the ratio of the value of the homes by county. Chairman Gonzalez: Median value. Commissioner Regalado: Well, I mean, the issue is about reducing taxes for the people, whatever plan works, whatever plan -- I'm just saying that, for instance, the County has been using my money, as a taxpayer, to lobby against me because they have gone to Tallahassee and say to -- well, if you do this, you -- you know, we're going to -- no firefighters, no public libraries, no social -- Chairman Gonzalez: No police. Commissioner Regalado: -- programs, no police, no that, and that's the story, so that's -- Mr. Hernandez: We have not, Commissioner. We have not. Vice Chairman Sanchez: Well, I think any government that sticks their hand -- head in the ground and thinks that we're not going to be cut -- I mean, let's be realistic. There is going to be tax relief and there's going to be tax cuts for the cities, and we need to prepare ourselves. We need to tighten ourselves. The belt needs to be tightened, and I think that's the message that Tallahassee has. We have, once again, believe that we been up there as a partner trying to find City ofMiami Page 12 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 solutions to those problems instead of whining like other cities have done, and I'm not going to mention any names. D4.2 07-00596A DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE ADMINISTRATION REGARDING THE ISSUES THAT SILVER BLUFF RESIDENTS HAVE WITH THE CATALONIA CONDOMINIUM ON SOUTHWEST 27TH AVENUE. 07-00596A Cover Memo.pdf 07-00596a Submittal Photos.pdf DISCUSSED Commissioner Regalado: Mr. Chairman, the last item -- sorry, Commissioner Sanchez -- the Catalonia. It's coming back. Pedro G. Hernandez (City Manager): We're making progress. Commissioner Regalado: No, we're not. No, we're not. This is this afternoon picture. What they promised to the Zoning director is not what they done, and this is wrong, and you know -- Mr. Hernandez: Well, I don't think it's the final fix. They have to do more work. Orlando Toledo: Orlando Toledo, senior director of Building, Planning, and Zoning. I have also copies of the photograph. It seems like they put a -- about an eight - or a ten foot stack on what was there previously. They also promised that there was going to be some type of a filter that was going to be placed on top of the actual pipes that had been placed there, and that hasn't happened yet, and I will speak to the developer either tonight or tomorrow again. Commissioner Regalado: And you know, June 1 is the start of the hurricane season. It's unfair to have elderly persons thinking that they are going to have to leave their home because of the exhaust of the generator when the -- Mr. Toledo: And I understand. Again, like I just said, I will now speak to them again, and ifI remember the height that we spoke about when we were out there -- Commissioner Regalado: Fifteen, fifteen. Mr. Toledo: -- it was 15 feet, and it seems -- Commissioner Regalado: Fifteen. Mr. Toledo: -- like it's not 15. Commissioner Regalado: Well -- Chairman Gonzalez: And -- Commissioner Regalado: -- I mean, the -- you talked to the developer. We already did, and nothing happen, but like I said, I will be -- Mr. Toledo: Placing a sign. Commissioner Regalado: -- going to you pulling a permit for -- to place a sign in front of the building if they don't comply. Mr. Toledo: I understand. City ofMiami Page 13 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 07-00658 DISCUSSION ITEM NAACP CONCERNS REGARDING DEPARTMENT POLICIES. 07-00658 Cover Email.pdf DISCUSSED Direction by Commissioner Spence Jones to the City Manager to schedule for the July 10, 2007 Commission meeting a public hearing regarding the Police Department's policy pertaining to the prohibition of police officers' association with convicted felons. Discussion on the item resulted in the resolution below: 07-00658a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO REVISE CITY OF MIAMI ("CITY") POLICE DEPARTMENTAL ORDER 11.6.13.20: "ASSOCIATING WITH UNDESIRABLE PERSONS," REGARDING THE ASSOCIATION IN ANY MANNER WHATSOEVER, WITH CONVICTED FELONS THEREBY ASSURING THAT THE APPLICATION OF SUCH POLICY DOES NOT RESULT IN AN UNDUE INTRUSION BY THE CITY INTO INTIMATE HUMAN RELATIONS. Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0296 Chairman Gonzalez: Next. Commissioner Spence -Jones: Now the next item, as you know, that it's in ref -- actually, in reference to NAACP (National Association for the Advancement of Colored People) and ongoing conversations that I've had with NAACP and several other groups regarding an issue that is very important to all of us. As you know, we have a rule; this rule is a rule with no guidelines. The rule is simple: No police personnel can associate with felons. It does not have any exception. It has, as I said earlier, no guidelines, and that's the issue and concern that I have with it. Yes, this simple, straight forward rule is not implemented across-the-board. The department apparently has exceptions. These exceptions are not articulated by written guidelines, but are implemented on an ad hoc basis. Some people within the department are exempt; some people are discipline, and some people are terminated. This decision -making lends itself to abuse. It seems to me that the result impact has had an impact on women and minorities. I don't want to focus on that impact because I really think it's important for us to look at the issue of the policy itself just not being right. On its face, the policy is understandable in the sense that we don't want the integrity of the Police personnel to be compromised. I mean, we all understand that we want to be in a position where we do have people on the force and their integrity is not compromised. I suspect that the real aim of this policy is that such association should not enhance or contribute to criminal activity outside the scope of criminal investigation. Yet, this rationale does not seem to City ofMiami Page 14 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 govern the implementation of the policy, and as a result, it is loosely applied. This selective enforcement has led and can lead to the breaking up of families. It has led to a wife making a decision between a job or her husband. It can next lead to a policeman not being a father to his son or a policewoman not being a mother to her daughter if that son or daughter is a felon. Indeed, this police has implemen -- this policy, as implemented, can pose just as serious of a threat to Police personnel not being brother or sister. My point is that this policy, as it is implemented, poses a serious threat to unravel a fundamental fabric of our society for individuals who join the department, our families. Beyond the family, the policy, as implemented, continues to punish ex felons, despite the fact that they have served their time, despite the fact that they are making valuable contributions to this community, and despite the fact that they are frying to rebuild their lives. When I think of this point, I cannot help but to think about someone I know that's very special to us, Leroy Jones, and we all know him here. This is a man who, despite a mistake that led to his criminal conviction, served his time and is now making significant contributions to our city. He's a good father, and he's well -respected by a cross section of leadership in Dade County, and even on this Board. As this policy is being implemented, as a policewoman in the City's department could not even think about marrying somebody or associating with somebody like Leroy, despite the fact that he is obviously a good person and one who's making a difference in our community and in our city. When I raise this issue, I don't think that I'm alone in recognizing that we must stop the continued punishment of felons who served their time and are frying to turn their lives around. Recently, Governor Charlie Crist recognized this need when he decided to restore the voting rights of most of Florida's felons as soon as they were released from prison. My point is this: The Police Department's policy is flawed as it is presented -- as it's presently applied. It has led to unfair application, and this was recognized by the Civil Service Board when it was confronted with this issue. Now I have listened to the Administration, and as it is -- tried to attempt to justify why this policy was not applied to some and plied -- applied to others, but those reasons do not make sense to me, particularly when they're not articulated in writing so that everyone receives the same notice. I understand that we presently have a case before the court surrounding this policy, so I'm all -- I'm told to wait. I have to say that I've been told that this policy is being reviewed and to be patient. I can tell you I've been working personally on this for probably almost more than a year itself just on the policy. I've gone through two managers, Arriola and now Pete. I can honestly say that even Commissioner Regalado has also had the opportunity to be faced with the same issue because not only did the NAACP reach out to me to discuss this issue and promises were made and not kept, the same thing happened with his office, where they also met with him, and then I'm -- he had other additional meetings with the Manager and promises was [sic] made and never kept. Now, you know, it's amazing to me, when I start listening to all of the justification as to why this is acceptable for one group and not the other. Today we have in the audience representatives of NAACP, FOP (Fraternal Order of Police), officers that are on the force, officers that have been terminated, and to me, I just think that, at the end of the day, it becomes our responsibility, as a Board, to make sure that these policies are not created to hurt our families, but I cannot wait any longer because I'm convinced that the lack of guidelines and the lack of written exceptions, and the decision by the Civil Board calls out for this issue to be addressed immediately. Because of the threat of this particular policy that it poses, that we're sending the wrong type of signal to the community. I want to say that I really appreciate the CityAttorney's Office really working with our staff to get to the bottom of handling and addressing this issue over the last, at least, 48 hours, and I really appreciate that, Jorge, because it has not been an issue thing for us, but I do want to say to they Deputy Chief which is here in the room, and -- and Fernandez, if you can come closer, I really would appreciate it. You know that I have gone -- Chairman Gonzalez: Commissioner, let me -- Commissioner Spence -Jones: We're not going to take any comments. I don't want him to comment. City ofMiami Page 15 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: Wait, wait. Commissioner Spence -Jones: I just want to make a -- Chairman Gonzalez: Let me interrupt you a minute. Commissioner Spence -Jones: Sure. Chairman Gonzalez: You don't know what I'm going to say. Commissioner Spence -Jones: OK. Chairman Gonzalez: Just give me a minute because I'm frying to conduct this meeting, OK? Commissioner Spence -Jones: No problem. Chairman Gonzalez: This will not require a public hearing. We will not have the public putting any input on this. I established -- Billy Hardemon: Mr. Chairman. Chairman Gonzalez: -- a long time ago -- Mr. Hardemon: Mr. Chairman. Chairman Gonzalez: -- that blue pages will not be a public hearing. People from the public will not be allowed to speak on blue pages, and that apply to every Commissioner; that apply to Commissioner Regalado, to Commissioner Sarnoff, and it will be totally unfair ifI allow this. I - - a public hearing -- no. Mr. Hardemon: Mr. Chairman. Chairman Gonzalez: The public hearing -- Commissioner Spence -Jones: Well, I -- Mr. Hardemon: I called your office -- Chairman Gonzalez: I'm saying no. Mr. Hardemon: Mr. Chairman, I called your office -- Chairman Gonzalez: I don't care if you call -- Commissioner Spence -Jones: Mr. -- let me just say -- Chairman Gonzalez: I'm telling you -- I'm running the meeting. I'm running the meeting, and that-- those are the rule that I imposed on the meeting, and I'm running the meeting, OK? And ifI apply that rule to the other Commissioner, it applies to every case, to every Commissioner, so I'm not going to take any input. This case is in the courts, OK? Commissioner Spence -Jones: Well, I just want to be very clear, Mr. -- Mr. Hardemon: It's the policy. It's not the case. City ofMiami Page 16 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: I support a hundred per -- Commissioner Spence -Jones: OK. I don't -- I -- Chairman Gonzalez: Don't make me turn off the -- Commissioner Spence -Jones: OK. Chairman Gonzalez: -- mike because -- Mr. Hardemon: Well, turn it off. Commissioner Spence -Jones: All -- Chairman Gonzalez: OK. Commissioner Spence -Jones: -- listen, listen, listen. We're going to have order. We're going to definitely have order, and I just want you to know -- Mr. Hardemon: Well, you ain't been having it. Commissioner Spence -Jones: -- Mr. Chairman, the reason why you see so much anger is that there's been almost a year and a half of -- Mr. Hardemon: Bunch of [expletive]. Commissioner Spence -Jones: -- discussions on this issue, and people really feel as though the Police Department is not being -- is not addressing the issue, so you're hearing just the frustration of the community, and the reason why folks have come out to speak is basically surrounding that issue, butl do want to respect you, as the Chair, and you have -- not just today -- acknowledged that that's one of the reasons why blue page items are at the end of the meetings now and not the beginning because that was happening, and then, also, for some reason, just recently, our -- many of our items have had individuals that wanted to speak on items, so I'm going to respect your position on it, and I'm going to ask for everyone that has a need to speak on it to please refrain because I do want to respect the Chairman on this issue. Chairman Gonzalez: And let me tell you. Commissioner Spence -Jones: I feel pretty con -- Chairman Gonzalez: I support you a hundred percent -- Commissioner Spence -Jones: I know you do, and I really -- Chairman Gonzalez: -- in what you're doing, and I support the community a hundred percent on their sentiment and their feelings, and I agree with you a hundred percent that the policy needs to be revised, and something needs to be done about it, but from that to allowing something that I had not been allowing to other Commissioners are two different things, so -- Mr. Hardemon: Mr. Chairman, it would be -- [At this point, the Chairman muted the microphone.] Chairman Gonzalez: OK, then what -- City ofMiami Page 17 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Mr. Hardemon: -- to extend a courtesy to the community. Chairman Gonzalez: -- the Commissioner has to do is put the item on the regular agenda on the public hearing items -- Commissioner Spence -Jones: And I would be willing to do that. I don't -- Chairman Gonzalez: -- and we will discuss it. Commissioner Spence -Jones: -- have a problem with making it a public hearing item, but I do want to -- I wanted to, at least, acknowledge the fact that you have communicated that's how you want to run the meetings, and I respect that. I think that my point has been well heard and well understood, and everybody sitting on the dais understands what's going on. The Deputy Chief should know because we've had several discussions, several meetings; myself him, the Manager, the Mayor, all trying to work through this issue. This policy is not fair; it's not right. It is singling out women in the department. I'm not even just focusing on black people. I'm saying it's hurting women in the department, so -- period. There -- because there's some Hispanic women and Anglo women that have been affected by this, so I really, really would ask that my fellow colleagues on this issue please support me as we direct the City Manager -- because to my understanding, Deputy Chief Fernandez, the -- your department actually reports to the Manager, correct? Mr. Hernandez: Yes. Commissioner Spence -Jones: And the Manager has the ability and the right to make the final decision as to what happens with the employees, correct? Mr. Hernandez: Right. Commissioner Spence -Jones: And I would expect that our City Manager really -- and I have to say this, Pete. You have been a great team player, willing to work and help us through all of these issues, but for some reason, everyone wants to back off on this issue, so I'm asking -- I would like to direct you today that we focus our energies in bringing back the revisions on this policy 'cause it's not working. I'm asking that the Manager, the City Attorney's Office, the Police Department, or the Chief along with FOP, sit down to work on revising this portion of the policy that is not working that's affecting the families that we serve in our district. Vice Chairman Sanchez: All right. Is it -- Mr. Hernandez: Mr. Chair -- Vice Chairman Sanchez: -- may -- before -- Chairman Gonzalez: Yes, sir. Mr. Hernandez: -- may I respond? Chairman Gonzalez: You're recognized. Vice Chairman Sanchez: That's the form of a -- Mr. Hernandez: I -- Vice Chairman Sanchez: -- motion? City ofMiami Page 18 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Mr. Hernandez: Chair, I -- Commissioner Spence -Jones: Well, no. I'm going to -- Mr. Hernandez: -- would like to say -- Commissioner Spence -Jones: -- read the motion. I just -- Mr. Hernandez: -- that the Administration, with the Department, and with the CityAttorney's Office, have already been working on developing clarifications, expansions to that departmental order in order to provide guidelines that would make it easier and clearer in its application and result in more uniformity and consistency. However, I also have to note, in defense of the Department, that even though there may not be that clarity on it today, I think that a lot of the allegations that hear are not totally correct, in my opinion. There are different ways to view this. I think that in looking at the cases, I have access to information that maybe others don't. I think that they have been pretty fair, considering what they have had to deal with, and they are sensitive to the human factor, and they have demonstrated it in some cases, so even though I do agree that the develop -- the departmental order has to be improved considerably, I think that the Administration and the Police Department, especially, are doing a decent job, and the allegations are not totally correct. Commissioner Spence -Jones: Well -- and Pete, again, you're hearing it from one side and one perspective -- Mr. Hernandez: And I -- Commissioner Spence -Jones: -- and quite frankly -- Mr. Hernandez: -- I've had the opportunity to hear basically both sides, and I know that -- Commissioner Spence -Jones: OK, Pete. OK. Let me -- Mr. Hernandez: -- it's somewhere in between. Commissioner Spence -Jones: -- tell you what need -- well, let me tell you, Mr. Manager, whatl need you to do for me -- for the Commission, if you don't mind. This Commission directs the City Manager to bring forth a revised Police Department policy by the first Commission meeting in July, pertaining to the association and manner whatsoever with known offenders -- this is the area in the policy that I'm talking about -- known criminals, prostitutes, or persons of ill repute, so that it does not infringe upon intimate human relationships, and that such policy and guidelines be predicated on the fact that such association must enhance or contribute to criminal activity, and that as this policy is developed, that the City Manager work with the FOP in doing that. That's the area that need for you to focus on because that's the area that's affecting the individuals on -- at the Police Department. Chairman Gonzalez: All right. We have a -- Mr. Hernandez: Commissioner, and I do -- Chairman Gonzalez: -- resolution. Is there a second? Mr. Hernandez: -- agree. Chairman Gonzalez: Is there a second to the resolution? City ofMiami Page 19 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Commissioner Regalado: I second for discussion. Chairman Gonzalez: We have a resolution. We have a second. Discussion. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you very much. Is this about access to weapons? Mr. Hernandez: I think it's much more than that. Commissioner Regalado: Well, if it's more than that, then we should have the same policy for Zoning inspectors, for Building inspectors -- Applause. Commissioner Regalado: -- for Code Enforcement inspector because you know what? Anybody can get contaminated, and imagine a Zoning inspector being contaminated by a person of ill repute. A building will fall down, so this is about weapons, access to weapons, I guess, because ethics and honesty cannot be only apply to the Police Department. Granted, police are judge above other categories, right? Mr. Hernandez: Definitely. Commissioner Regalado: As -- how about us? Commissioner Spence -Jones: Yes. Commissioner Regalado: How 'bout us? Commissioner Spence -Jones: Yep. Commissioner Regalado: Should an elected official have any -- should the Chief of Police have any problem in this -- with this policy? See, the problem is that we are not trusting our police officers. I believe in the members of the police force that we have in Miami for one reason. For several years, they have been without a contract, knowing that they might not get what they deserve; working 16 hours everyday; trying to make some money working off -duty on a Winn -Dixie or in American Airlines Arena, and yet, they remain, so these are good people, so by saying you cannot associate with this or you cannot have your husband or wife or son or daughter, who has had a problem, you are questioning the honesty and the professionalism of the Police Department, so I guess that this is only about access to weapon because no Code Enforcement inspector have weapons or we don't have weapons, as an elected officials. I think that -- Mr. Manager, I second the motion. Vice Chairman Sanchez: It's already been second. Commissioner Regalado: Yeah, I second the motion for discussion. I would tell you that the City Commission has the authority to immediately revoke that policy. The City Commission, as a body, has that authority. We may not have the authority to reinstate a firing of a fire -- police officer, but we do have the authority, in policy, like the Congress, set policy to terminate the policy immediately, so I just want to understand why is that policy necessary to protect the integrity of the Police Department if we know that we have good cops? I mean, very rarely, rarely we see that a cop of the City ofMiami has been arrested for some criminal issues. The ratio, I assure you, is smaller than any other municipality. Hollywood just arrested three and six more are under investigation for crime syndicate -related issues, and so and so and so and so, so I just want to understand why it's so important to have this. Is it about ethics? Is it about safety? Is it about honesty? I just want to understand, Mr. Manager. City ofMiami Page 20 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Commissioner Spence -Jones: Chief can you speak to that? Deputy Chief Frank Fernandez (Police): I can, yes. Mr. Hernandez: If -- allow me before you go ahead. Commissioners, whether we like it or not, Police is a parliamentary organization, period, and I think that all throughout the US (United States), and maybe throughout the world, they are held to a much higher standard of integrity and character, and even though I have high expectations on ethics on every City employee, if we ask our residents in the City, believe me, they expect higher integrity without reproach from a police officer, even beyond a Code Enforcement officer. Let's ask the residents. I think that they'll support that. There is no question, and maybe there's -- Commissioner Regalado: Well, elected officials -- Mr. Hernandez: -- a misunderstanding here as to how -- Commissioner Regalado: Mr. Manager. Mr. Hernandez: -- Police has been applying this, but I think that it hasn't been as selective, as arbitrary as some people think, even though -- Commissioner Spence -Jones: Mr. Manager. Mr. Hernandez: -- personally, my opinion is that the guidelines and the policy in the -- Commissioner Spence -Jones: There's no -- Mr. Hernandez: -- development [sic] order -- Commissioner Spence -Jones: -- guidelines; that's the problem. Mr. Hernandez: -- they have -- well, they have to be improved. That order that they have -- Commissioner Spence -Jones: They don't have to be improved; they don't exist -- Mr. Hernandez: -- and that has been my opinion even -- Commissioner Spence -Jones: -- so how can -- Mr. Hernandez: -- publicly. Commissioner Spence -Jones: -- but how can we determine for one individual, or two individual [sic], or three individuals that something is wrong and we don't have any guidelines to interpret that? Mr. Hernandez: Well, maybe the guidelines -- Commissioner Spence -Jones: And yet and still -- Mr. Hernandez: -- haven't been -- Commissioner Spence -Jones: -- for -- and we knowingly know -- Mr. Hernandez: Right. City ofMiami Page 21 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Commissioner Spence -Jones: -- that there's other people in the same department that have the same issues, and those guidelines -- or those so-called makeup believe guidelines are not being adhered to -- Mr. Hernandez: Well, I think that they -- Commissioner Spence -Jones: -- so -- Mr. Hernandez: -- have been consistent on how they apply it, except that the factors that they use haven't been, let's say, publicized, but -- knowing them internally, I know what they have done, but maybe the Deputy Chief can talk about how important it is for -- Commissioner Regalado: But -- Mr. Hernandez: -- police -- Commissioner Regalado: -- Mr. Manager, my point is that residents do demand a higher standards from the elected officials than of the Police Department, so I'm just saying, should that policy be extended throughout the City in every department because, you know, after all, every employee -- I mean, the Code -- the Ethics Commission just fined an elected official of the City of Miami, the Mayor, and they did an investigation, so we are hold to the highest level as an elected official, and so I just want to understand. I guess it's about weapons. Chairman Gonzalez: All right. Could we have someone explain to the Commissioner why and if it is about weapons or about personalities, or whatever it is? Deputy Chief Fernandez: Absolutely. IfI may -- first of all, Frank Fernandez, deputy chief Miami Police Department, here on behalf of Chief Timoney. First and foremost, Commissioner, I agree with you, the integrity of the Police Department is the primary function, the primary issue in the rationale why this policy exists. Although I empathize with everyone that's involved in this issue, I also understand the reason and the rationale behind the policy. Now I've got to tell you, we did not go after these investigations. We don't probe into people's intimate relationships. These were complaints that came to us through Internal Affairs through a boyfriend/girlfriend, husband/ex-wife, things of that nature. We followed the investigations, which led us to this conclusion -- Commissioner Spence -Jones: Dep -- Deputy Chief Fernandez: -- and ifI may -- Commissioner Spence -Jones: Yeah. Deputy Chief Fernandez: Yes, ma'am. Commissioner Spence -Jones: I'm going to let you finish, butt want to tell you that know that that's not true because there's somebody that's on your force, period, right now, that after we had our meeting, all of us in a closed meeting trying to resolve this issue with the NAACP, the Mayor and yourself, clearly, people made complaints on a particular individual in the Chiefs office, and it never got resolved -- Deputy Chief Fernandez: Commissioner, I -- Commissioner Spence -Jones: -- so I just don't -- City ofMiami Page 22 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Deputy Chief Fernandez: -- don't know that one. Commissioner Spence -Jones: -- I mean, I think that it's really important that you be careful about what you say. Deputy Chief Fernandez: Well, Commissioner, I'm going on the facts that have before me. I'll be more than happy to follow up with those particular situation, but am not familiar with that situation, but if you would allow me to explain it, I'd be more than happy to explain the rationale and our application of it. What can tell you is that, Commissioner, that standard you're asking for across-the-board, it's flat across-the-board to inspectors and elected officials and everyone else, is not supported in general by the appellate courts in the rulings that they've held, and this has come to me through theAttorney's Office -- through the City Attorney in the research that we've done. Now what is supported by the Eleventh Circuit Court is law enforcement. Law enforcement has a special provision on it that you must -- you know, that they allow us to have an infringement on those intimate relationships that are protected by our first amendment. Now it's there for a reason. Before we applied this rule across-the-board, I went out -- I had my staff go out to find out exactly how it was being applied. It was something new. We hadn't come across it before, and I got to tell you, it's across-the-board. Every department in the US probably has one problem or another relating to this. Every department that we found that we were able to research had a policy very similar to ours, and there is appellate court ruling that supports this type of policy, and the rationale behind it, exactly what you said, Commissioner, is to protect the integrity of the police department. What will tell you, in the application that have seen, the basis for the application is knowingly engaging in an intimate relationship or encounter with a known felon, or convicted felon, or someone of ill repute; prostitutes and things of that nature, and in the process of doing that, when it comes to our attention, we do bring the employee in to Internal Affairs and say, Officer `X", you have been -- a complaint came to us. It has come to our attention that you are associating with a convicted felon, and it is a violation of this policy. That employee is then given reasonable amount of time -- and I could tell you, at some point, it's at eight, nine, six months in different cases -- reasonable, very -- an extended amount of time to resolve that problem. In no way, shape, or form is this policy intended to separate families. In no way, shape, or form is it intended to infringe on anyone's First Amendment right, and we're very, very clear on that. We're very careful in how we proceed forward with that issue, but what can say is that the law is -- Commissioner Spence -Jones: The -- Deputy Chief Fernandez: -- very clear. Commissioner Spence -Jones: -- question, though, what are the guidelines? That was the question. You didn't answer the question. Deputy Chief Fernandez: Well, Commissioner, I'm frying to explain the rationale, and I'll be more than -- Commissioner Spence -Jones: I just want -- what are the ques -- what are the guidelines? You still have not answered the question on -- Deputy Chief Fernandez: Well -- Commissioner Spence -Jones: -- how do you determine -- what are the guidelines that says this individual should be terminated? Deputy Chief Fernandez: The guidelines are -- Commissioner Spence -Jones: Should not be on the job because they're associated with a -- or City ofMiami Page 23 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 live, or love, or married to, or their kid went to -- whatever. What is the guideline that determines that? Somebody calling to report it in? I just told you not even two seconds ago that's not true because we just had our group meeting, and we communicated certain issues, and even in that meeting with NAACP, they called several times to say that they knew of a particular person, and nothing has been addressed. Nothing. Deputy Chief Fernandez: Commissioner, I will personally follow up with that immediately. I'm not sure what you're referring to, butt will follow up that immediately. I'll check with your staff but on this case here, the guidelines to follow, number one is, did they knowingly engage in that relationship, one. Commissioner Spence -Jones: What case are you talking about? I'm not talking about a case. Deputy Chief Fernandez: I'm talking about in general, ma'am. Commissioner Spence -Jones: You said case. I was saying what is the guideline. I didn't say anything about a case. Deputy Chief Fernandez: OK. I'll explain the guidelines. The guidelines are did they knowingly engage in that relationship knowing the person was a convicted felon. Clearly, the federal law and the appellate court ruling support the fact that if there's a blood relationship, brother/sister or husband and wife -- Commissioner Spence -Jones: So what is the -- Deputy Chief Fernandez: -- a marriage -- Commissioner Spence -Jones: -- so Chief -- Deputy Chief Fernandez: -- then -- Commissioner Spence -Jones: -- what is the guideline if you're a police officer and your husband gets -- or your wife gets in trouble, or she gets arrested, or if she becomes a felon? What happens to you then? Deputy Chief Fernandez: What happens then? The rationale behind the application is that, first and foremost, did that employee knowingly engage in that association. Commissioner Spence -Jones: No. That's not what I asked. Deputy Chief Fernandez: If it happened after the fact -- Commissioner Spence -Jones: Yes -- Deputy Chief Fernandez: -- the appellate courts do not support that. Do not -- Commissioner Spence -Jones: -- so -- Deputy Chief Fernandez: -- support it. I'm going based on what's been relayed to me through our legal advice. Commissioner Spence -Jones: -- I just want to be clear, so if I'm married and my husband gets arrested and he's convicted of a felony -- Deputy Chief Fernandez: Right. City ofMiami Page 24 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Commissioner Spence -Jones: -- are you saying that then I'm protected at that point because I was already married to him? Deputy Chief Fernandez: That's correct, and -- Commissioner Spence -Jones: OK. Where's that -- Deputy Chief Fernandez: -- the rationale being -- Commissioner Spence -Jones: -- written? Where's that in the guidelines? Deputy Chief Fernandez: I'm saying that that's how it's applied. The departmental -- Commissioner Spence -Jones: Mr. City Attorney, is that in the guidelines? Jorge L. Fernandez (City Attorney): I have not seen that in writing. We have been meeting with the Police Department. We have been working on the development of those types of criteria -- Commissioner Spence -Jones: But working on the development and people are not working and taking care of their families because of people deciding to make a decision on an issue that we have no guidelines on while people are frying to take care of their families, and clearly, there -- I'm not getting it. Chairman Gonzalez: All right. Let me tell you. We're going in -- going around in circles, and I don't think we're achieving anything. The point is put out there very loud and clear. I believe that the Manager, the Deputy Chief of Police, the City Attorney, everybody knows -- Vice Chairman Sanchez: Should sit down -- Chairman Gonzalez: -- our concern and our sentiment, and I think that we need to start working on that, on solving that situation ASAP (As Soon As Possible), you know, yesterday, and we need to come back with a solution to this problem as the Commissioner requested -- Commissioner Sarnoff Mr. Chairman -- Chairman Gonzalez: -- by July, OK? Commissioner Sarnoff -- could I just make a comment? Chairman Gonzalez: Yes, sir. Commissioner Sarnoff Interestingly enough, I actually did my thesis paper in law school on association, so I have some knowledge of this. Maybe what the City Attorney wants to do -- I know New York City has a guideline that's established and well documented; San Francisco Police Department equally does, as does Philadelphia Police Department. I have a friendly amendment to your resolution that may help you. I happen to think the way the policy is written is vague, and vagueness is always a problem constitutionally, so let me just read to you what I think it should say, just for purposes of today. I think you're going to need to bring this back, and I do encourage you to have a public hearing on this, but let me just say this. The -- it should read "association in any manner whatsoever with convicted felons," not known offenders, not known criminals, not prostitutes or persons of ill repute because those terms are not well defined terms in our criminal justice system, so let me read it again: "In association with any manner whatsoever with convicted felons so that it does not infringe upon intimate human relationships, and that such policy and guidelines be predicated upon the fact that such association must City ofMiami Page 25 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 enhance or confribute to criminal activity, and that that policy is developed; that the City Manager work with FOP to refine the standards so as not to infringe upon the police officer's constitutional rights." Vice Chairman Sanchez: Would --? Chairman Gonzalez: All right. Do you accept --? Commissioner Sarnoff That's the friendly amendment I would offer to you. Vice Chairman Sanchez: Could you add one paragraph -- Commissioner Sarnoff Sure. Vice Chairman Sanchez: -- to that? If such association in any way enhances or confribute in any criminal activity." If such association in any way enhances or contributes in any criminal activity; " just gives it more of a teeth, which I think we all agree that the -- we need to rewrite it, but it's just a friendly amendment to it; gives it more -- Why don't you read it, and then we'll vote on it? Commissioner Sarnoff Yeah. I'm just frying to -- I think it -- let me get my glasses on. I'll do better. Deputy Chief Fernandez: Mr. Chairman, ifI may. We do have a draft of a -- Commissioner Sarnoff It was -- Deputy Chief Fernandez: -- policy -- Commissioner Sarnoff -- in there, Commissioner. Deputy Chief Fernandez: -- that indicates both. Commissioner Sarnoff Commissioner, let me just read you the section that was pertaining to that and ask if this satisfies you. "That such association must enhance or contribute to criminal activity." That was already in there, so I'll read it one more time, and here it is. "Associating in any manner whatsoever with convicted felons so that it does not infringe upon intimate human relationships and that such policy and guidelines be predicated upon the fact that such relationships must enhance or confribute to criminal activity -- Vice Chairman Sanchez: OK. Commissioner Sarnoff -- and that such policy is developed that the City Manager work with FOP to refine the standards so as not to infringe upon the police officers' constitutional rights." Chairman Gonzalez: All right. Applause. Chairman Gonzalez: All right. Now we already pass the resolution. Now we need to -- Commissioner Spence -Jones: -- Do I have to --? Chairman Gonzalez: -- reconsider -- City ofMiami Page 26 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Vice Chairman Sanchez: No. That's it. Chairman Gonzalez: -- that resolution, right? Pamela E. Burns (Assistant City Clerk): We only have a mover and a seconder. We have not passed the -- Chairman Gonzalez: OK, so -- Ms. Burns: -- resolution. Chairman Gonzalez: -- the seconder of that resolution -- Commissioner Regalado: I second it for discussion, and I accept all the amendment -- Chairman Gonzalez: OK, very good. Commissioner Regalado: -- but I have a question. Here's the question to the -- Chairman Gonzalez: Tomas -- Commissioner Regalado: -- Manager. Chairman Gonzalez: -- don't keep beating a dead horse. Commissioner Regalado: No, no, no, no, no, no, no. Chairman Gonzalez: You already beat him a lot. Commissioner Regalado: This is about other issue related to this one. This is not a dead horse. If the Manager revisits the policy and change the policy, with the support of the Chief and the City Attorney, and FOP, is because they all consider the policy was not right; needs to be reform, so what happen to anybody who was fire during the period that that policy was apply -- Chairman Gonzalez: That -- I -- Commissioner Regalado: -- with the standards that now you say -- and you will come back and say they're wrong? Chairman Gonzalez: I guess that person will have to file suit because we don't have the power to tell the -- Commissioner Regalado: But the Manager does. Chairman Gonzalez: -- Manager to re -- to bring back -- Commissioner Regalado: No. Chairman Gonzalez: -- a person that has been fired. Commissioner Regalado: I'm not telling the Manager. I'm asking the Manager whether or not he will revisit that case. Chairman Gonzalez: Mr. Manager. City ofMiami Page 27 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Mr. Hernandez: Mr. Chairman, Commissioners, I do have, I believe, the authority to be able to overturn decisions by prior managers that were made on this subject. Commissioner Spence -Jones: And Mr. City Attorney, I think we asked for opinion on two of those items. Chairman Gonzalez: That answer the question. Commissioner Spence -Jones: OK, thank you. Can you just --? Commissioner Regalado: OK. That answer the question. We go vote. Mr. Fernandez: Yes. The City Manager has summarized the legal opinion that I have given him with regard to the authority that he has vis-a-vis personnel action, and Commissioner Regalado is correct. This Commission cannot make specific personnel decisions. Commissioner Spence -Jones: Right. Mr. Fernandez: You're limited to policy, as you have done tonight. Commissioner Spence -Jones: Right. Mr. Fernandez: When it comes to specific cases of personnel action, that's a sole province of the City Manager. Commissioner Regalado: OK. Chairman Gonzalez: All right -- Vice Chairman Sanchez: Call the question. Chairman Gonzalez: -- so -- Vice Chairman Sanchez: Call the question. Chairman Gonzalez: -- we have a resolution, amended resolution. We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. [Later..] Commissioner Spence -Jones: Mr. Chairman, I just want to ask real fast, before I leave to get on the road, am I clear that I'm going to have this back in the beginning of the -- in July, right, my item? Mr. Hernandez: Beginning ofJuly, yes. Commissioner Spence -Jones: OK, to bring back, and we are going to have a public hearing -- we're going to allow for this to be on the public hearing, too, correct? Mr. Fernandez: Yes. City ofMiami Page 28 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Mr. Hernandez: I understand it'll come back as a public hearing item. Commissioner Spence -Jones: So both items, I would like the public hearing -- this to be on the public hearing and also to have the policy itself for the first meeting in July. Mr. Hernandez: Well, in essence, it could be one item. Jorge -- Commissioner Spence -Jones: No, but -- Mr. Hernandez: -- could it be? Commissioner Spence -Jones: -- right, but we want to have -- Mr. Fernandez: Yes. Commissioner Spence -Jones: -- two separate -- I want to have public hearing separately on a PA (Public Appearance) appearance, but I also would like for you to bring the item back separately, first meeting in July, the new policy. City ofMiami Page 29 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 PUBLIC HEARING PH.1 07-00628 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Police (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PURCHASE OF ELECTRONIC SOFTWARE (INCLUDING TRAINING AND A ONE-YEAR MAINTENANCE AGREEMENT), TO OPERATE THE CELLULAR TRACKING SURVEILLANCE EQUIPMENT, EQUIPPED WITH TWO ELECTRONIC DEVICES KNOWN AS THE STING -RAY 4-CH AND KINGFISH 1-CH, FROM HARRIS GOVERNMENT COMMUNICATIONS SYSTEMS DIVISION WIRELESS PRODUCTS GROUP, FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $75,800; ALLOCATING FUNDS FROM THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANT GRANT, PROJECT NO. 19-190001, ACCOUNT CODE NO. 12000.191602.664000.0000. 07-00628 Legislation.pdf 07-00628 Summary Form .pdf 07-00628 Attachment.pdf 07-00628 Memo.pdf 07-00628 Memo 2.pdf 07-00628 Memo 3.pdf 07-00628 Memo 4.pdf 07-00628 Notice Of Public Hearing.pdf 07-00628 Package Pricing.pdf 07-00628 Letter.pdf 07-00628 Letter 2.pdf 07-00628 Product Description.pdf 07-00628 Pre-Legislation.pdf 07-00628 Product Description 2.pdf 07-00628 Notice Of Intended Decision.pdf 07-00628 Summary Fact Sheet.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0287 Chairman Gonzalez: OK. PH.1. Anyone from the Administration on PH.1? Deputy Chief Frank Fernandez: Good morning, Commissioners. Frank Fernandez, deputy chief Miami Police Department. This is a resolution authorizing the Administration to purchase a String -Ray Kingfish equipment for surveillance purposes and investigations. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Is there a motion on the item? City ofMiami Page 30 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Vice Chairman Sanchez: So moved. Chairman Gonzalez: We have a motion. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: And there is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Vice Chairman Sanchez: It's a four fifth vote. Chairman Gonzalez: It's a four fifth vote, yeah. Everybody say "aye." Any opposition? Vice Chairman Sanchez: No. Chairman Gonzalez: OK, no nos. City ofMiami Page 31 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 RE.1 07-00405 RESOLUTION Department of Public Facilities RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("LESSEE") AND GROVITES UNITED TO SURVIVE, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION ("LESSOR"), FOR THE USE OF APPROXIMATELY 3,197 SQUARE FEET OF SPACE OF THE PROPERTY LOCATED AT 3686 GRAND AVENUE, MIAMI, FLORIDA, AS A RECREATIONAL FACILITY, TO PROVIDE FOR THE FOLLOWING: 1) A TWO-YEAR TERM COMMENCING RETROACTIVE TO OCTOBER 1, 2006, WITH AN OPTION TO EXTEND FOR ONE ADDITIONAL ONE-YEAR TERM SUBJECT TO THE MUTUAL CONSENT OF THE PARTIES; 2) LESSEE SHALL PAY RENT FOR THE FIRST YEAR, AT A RATE OF $6.20, PER SQUARE FOOT, OR $1,650, PER MONTH, WITH RENT FOR SUBSEQUENT TERM YEAR TO BE ADJUSTED BASED ON INCREASES IN THE CONSUMER PRICE INDEX, BUT SHALL NOT EXCEED FIVE PERCENT (5%); 3) LESSOR TO PROVIDE SIX (6) RESERVED PARKING SPACES FOR LESSEE; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, ACCOUNT CODE NO. 12500.191602.544000.0000.00000, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 07-00405 Legislation .pdf 07-00405 Exhibit .pdf 07-00405 Summary Form.pdf 07-00405 Rent Comparables.pdf 07-00405 Summary Fact Sheet.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0288 Chairman Gonzalez: RE.1. Laura Billberry (Director): Lori Billberry, Public Facilities. This is a new lease agreement with Grovites United to Survive. It would be for initially a two-year term, retroactive to October 1, '06, with a one-year additional option period. We'd be paying 6.20 a square foot, and this is significantly less than the market value, and will be used in connection with the PAL (Police Athletic League) program. Previously, this item was deferred as a request was made regarding some -- a loan that was made to GUTS (Grovites United to Survive) previously, and as I understand it, they have agreed to repay those monies in the next 120 days. Chairman Gonzalez: All right. Is there a motion on RE.1? Commissioner Sarnoff I'll make a motion to approve it. Vice Chairman Sanchez: Second. City ofMiami Page 32 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. City ofMiami Page 33 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 2:00 P.M. ES.1 07-00646A Office of the City Attorney EXECUTIVE SESSION EXECUTIVE SESSION UNDER F. S. 286.011(8) [2004], THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE IMMEDIATELY AFTER THE MEETING IS CONVENED THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSE OF DISCUSSING PENDING LITIGATION: JERRY FRANK TOWNSEND VS. CITY OF MIAMI, ETC., ET AL., CASE NO. 03-21072-CIV-JORDAN/BROWN, PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA. THE CLOSED -DOOR SESSION WILL BEGIN AT APPROXIMATELY 2:00 P.M. AND CONCLUDE AT APPROXIMATELY 2:45 P.M. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, TOMAS REGALADO, ANGEL GONZALEZ, JOE SANCHEZ, MARC SARNOFF, AND MICHELLE SPENCE-JONES; THE CITY MANAGER, PEDRO G. HERNANDEZ; THE CITY ATTORNEY, JORGE L. FERNANDEZ; DEPUTY CITY ATTORNEY, JULIE O. BRU AND ASSISTANT CITY ATTORNEY, WARREN BITTNER. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPTS WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 07-00646A Cover Memo.pdf 07-00646A Notice To The Public.pdf DISCUSSED Chairman Gonzalez: Before breaking to lunch, Mr. City Attorney, that shade meeting that has been announced, we can have that any time after 2 o'clock, right? Jorge L. Fernandez (City Attorney): Yes, you certainly can. Chairman Gonzalez: OK. You won't be here at 2 o'clock for the shade meeting, but if we have it later, then you can participate in the -- OK. Commissioner Sarnoff Right. Chairman Gonzalez: Great. That's taken care of. [Later..] Chairman Gonzalez: Mr. City Attorney, I've been suggested that why don't we -- why don't you meet with each individual Commissioner in reference to the item that you have at the shade meeting? I know that you have been having -- Mr. Fernandez: The -- Chairman Gonzalez: -- some attorneys waiting all day long. City ofMiami Page 34 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Mr. Fernandez: Well, it's not the issue of having attorneys wait. It's the issue that, statutorily, I - - when we have a pending offer to settle a case, a case of this magnitude, that the appropriate way of doing it -- I lack authority to either accept or reject -- Chairman Gonzalez: All right. Mr. Fernandez: -- that offer. Chairman Gonzalez: All right, all right. Before I hear a legal argument of a half an hour -- Mr. Fernandez: It's -- Chairman Gonzalez: -- let's move to the -- Where do you want to hold the meeting? Mr. Fernandez: Yes, and let me just make sure -- Chairman Gonzalez: You want to do it in my office? Mr. Fernandez: Exactly. We will be going to the City Manager's conference room upstairs. That's where -- Commissioner Spence -Jones: Mr. Chair -- Chairman Gonzalez: Why don't we do it in my office next door? Mr. Fernandez: City Manager's conference room, please. We've set up a little PowerPoint presentation. You need the exercise, you know. You've been sitting -- Chairman Gonzalez: All right. Mr. Fernandez: -- down for a long time. [Later..] Chairman Gonzalez: All right. This meeting -- Mr. Fernandez: Yes. Chairman Gonzalez: -- stand in recess. We are going to move into a -- Mr. Fernandez: City Manager's -- Chairman Gonzalez: -- special -- Mr. Fernandez: -- conference room on the second floor, for purposes of conducting a closed -to -the -public session in the Jerry Frank Townsend versus City ofMiami case. This meeting -- and I need to read this into the record. The session will be attended by members of the City Commission, Commissioner Regalado, Gonzalez, Sanchez, Sarnoff, and Spence -Jones, the City Manager, the City Attorney, and my deputy, Ms. Bru, and assistant, Mr. Bittner. A certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made public upon the conclusion of the above -cited ongoing litigation. At the conclusion of the attorney -client session, the regular Commission meeting will be reopened here in chambers, and the Chairman will then announce the termination of the attorney -client session. Let's proceed now to the City Manager's conference room. City ofMiami Page 35 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 [Later... Chairman Gonzalez: All right. We're ready to reconvene the meeting after having the special session shade meeting with the City Attorney and Commissioners and the City Manager. Mr. Fernandez: Right. City ofMiami Page 36 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 PART B Chairman Gonzalez: I believe that concludes the regular agenda, doesn't it? Commissioner Spence -Jones: Yep. Commissioner Sarnoff Yes. Commissioner Spence -Jones: Yes. Chairman Gonzalez: Because ES.1 is a shade meeting, so now we're going to go into Planning and Zoning agenda. Mr. City Attorney, would you read the procedure for the Planning and Zoning portion of this meeting, please? Jorge L. Fernandez (City Attorney): Mr. Chairman, Commissioners, members of the public. The following process will be observed during all of the P&Z (Planning & Zoning) items. Before the P&Z agenda is heard, all those wishing to speak will be sworn in by the City Clerk. She will momentarily be administering the oath. First, on each item, staff will describe the request, whether it's an appeal, a special exception, a vacation, a text amendment, zoning change, land use change, or MUSP (Major Use Special Permit), and make its recommendation. Immediately after staff concludes, then either the appellant or the petitioner, according to the nature of the item, will present their position or their request. If there -- if it's an appeal, then the appellee will be able to respond. If it isn't, if it's just a regular application, then it immediately becomes open to members of the public, who will be permitted to speak on all of those items. Questions may be asked of any presenter, but the way the Chair, the way the Commission conducts itself is that all questions must be addressed through the Chair. The Chair will set a time limit for the presentation of the applicant or the appellant, as well as would set limitation on the time that members of the public may comment on each issue, and then at the conclu -- after all the public input is received, the appellant or the petitioner will be permitted to have final comments or rebuttal. At that point in time, the public input portion of the public hearing will be closed. The Commission will take the item to themselves. They will debate it, discuss it, and you know, perhaps make a motion and vote it up or down. That is the process that you typically follow, Mr. Chairman. Chairman Gonzalez: Thank you, and being consistent with the policy that the Chair has adopted on running the Planning and Zoning meetings, each item represented by attorneys, each attorney will have equal amount of time for their presentations. General public will be allowed two minutes on the items so that -- that they're here for, so once again, attorneys representing items will have equal amount of time; the presenter will take whatever time they need, then the other attorney will have exactly the same amount of time as the presenter, and the general public, once again, two minutes per speaker, and with that, Madam City Clerk, will you please swear in the persons that are going to testify on the items? Pamela E. Burns (Assistant City Clerk): For those of you who plan to provide testimony today, would you please stand and raise your right hand? The Assistant City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Burns: Thank you. Chairman Gonzalez: All right. Thank you very much. You may be seated. [Later..] City ofMiami Page 37 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: We are ready to go. Madam City Attorney, will you state the procedure to be followed during the Planning and Zoning agenda? Maria J. Chiaro (Assistant City Attorney): PZ (Planning & Zoning) items shall proceed as follows. Before the PZ agenda is heard, all those wishing to speak will be sworn by the City Clerk. Staffwill describe the request, whether an appeal, special exception, vacation, text amendment, zoning change, land use change, or MUSP (Major Use Special Permit), then make its recommendation. The appellant or petitioner will then present the request. The appellee, if applicable, will present its position. Members of the public will be permitted to speak on certain petitions. Petitioner may ask questions of staff; appellant or petitioner will be permitted to make final comments. Chairman Gonzalez: All right. Madam City Clerk, will you please swear in the people that are going to testify on this item? Pamela E. Burns (Assistant City Clerk): For those of you who are present today and was not sworn in earlier this morning, would you please stand and raise your right hand, please? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Burns: Thank you. Please be seated. Chairman Gonzalez: All right. I'm told that most of the people that are here now are here for PZ.18, so let's take PZ -- yes. Felice Dubin: (INAUDIBLE) most of the people who were going to speak -- Ms. Burns: Excuse me. We -- Ms. Dubin: -- are not here -- Chairman Gonzalez: Well -- Ms. Dubin: -- because it was supposed to be at 5 o'clock. Chairman Gonzalez: No, no, no, no, no. Ms. Burns: Your -- Chairman Gonzalez: No, no, no, no, no. Let me correct you on that. Nothing was supposed to be at 5 o'clock. When announce that this item was coming up today, we didn't have it a time certain. It was not a time certain item, so maybe you imagine that it was at 5 o'clock because that was what it was convenient to you, but not necessarily what this City Commission decided to do. Ms. Dubin: May I ask, is this the last item on your agenda? Chairman Gonzalez: It is the last item on the agenda, but can take the -- I can change the items around. We have -- we still have about 13 items to be discussed today. Ms. Dubin: So is it possible -- Chairman Gonzalez: We have blue -- City ofMiami Page 38 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Ms. Dubin: -- to -- Chairman Gonzalez: -- would you allow me -- Ms. Dubin: -- move it to 5 o'clock so that -- Chairman Gonzalez: -- to finish? Ms. Dubin: Yes, please. Chairman Gonzalez: We have 13 items to take this afternoon. We also have blue pages from the Commissioners, and we have pocket items, and some of the blue pages that the Commissioner have are very, very sensitive, and a couple of them are very important items to be taken today, so Ms. Dubin: May I speak? Chairman Gonzalez: Yes. Go ahead. Ms. Dubin: May I formally request that perhaps you see some other -- you hear some other items first so that it allows people who have at least been watching Channel 77 and know that this item is going to come soon have a chance to get in their cars and come here? Chairman Gonzalez: OK. I'm going to give you an hour. Ms. Dubin: Thank you very much. Gilberto Pastoriza: Mr. Chairman. Ms. Burns: We -- excuse me. We need your name for the record, please. Ms. Dubin: Felice Dubin, 2645 South Bayshore Drive, Coconut Grove, Florida. Mr. Pastoriza: Mr. Chairman. Chairman Gonzalez: Yes, sir. Mr. Pastoriza: Gil Pastoriza, 2525 Ponce De Leon. Mr. Chairman, we have here a number of people that are in favor of this application, and by the same reasoning that they're not people here that are against this application, I am afraid that if we delayed this application, I may lose some of the supporters that are here today. Chairman Gonzalez: Well, if this is -- one hour isn't going to kill anybody, is it? Mr. Pastoriza: OK, Mr. Chairman. Thank you. Chairman Gonzalez: You see. That's the problem. That's the problem why fry to set the agenda andl try to drive the agenda in one direction, because ifI fry to please everyone, then I - - you know who's the one that is going to be able to -- Commissioner Sarnoff Nobody gets pleased. Chairman Gonzalez: Exactly, so now you know what I'm talking about -- Commissioner Sarnoff We got one hour. Let's do what we could do in one hour. City ofMiami Page 39 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: -- so let's do what we can do in one hour. Let's take, for example, I believe that PZ.6 and PZ.7, they were not controversial the last time that we heard them. I know you're on PZ.5. I'm taking PZ. 6 and PZ. 7. Please have a seat and wait -- Ms. Adrienne Pardo: Thank you. Chairman Gonzalez: -- wait for your time. OK. Ms. Pardo: With PZ -- it was my understanding PZ.5 was next, and I was supposed to go two hearings ago, but you -- Chairman Gonzalez: Am I -- Ms. Pardo: -- ran out of time. Chairman Gonzalez: -- not speaking clear? PZ.5 is the first item on the agenda. I'm going to be moving the agenda along, as I see that it's going to bring the best result for the public and for the items to be addressed, approved, or denied, and move along, so please have a seat. Let me take PZ. 6 and PZ. 7, and your item will -- Ms. Pardo: Thank you. Chairman Gonzalez: -- come up soon. PZ.1 06-00799xc1 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) APPROVING A SUBSTANTIAL MODIFICATION TO PREVIOUSLY APPROVED SPECIAL EXCEPTIONS, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 22, SECTION 2215, TO ALLOW A CHANGE IN THE ORIGINAL APPLICATION (06-00799xc) BY INCREASING THE SQUARE FOOTAGE FROM 73,068 SQ. FT. TO APPROXIMATELY 288,000 SQ. FT., WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED SUBJECT TO CONDITIONS, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1603-27 NORTHWEST 7TH AVENUE AND 662 NORTHWEST 20TH STREET, MIAMI, FLORIDA. 06-00799xc1 Analysis.PDF 06-00799xc1 Zoning Map.pdf 06-00799xc1 Aerial Map.pdf 06-00799xc1 Application & Supporting Documents.pdf 06-00799xc1 Plans.pdf 06-00799xc1 ZB 05-21-07 Fact Sheet.pdf 06-00799xc1 ZB Reso.PDF 06-00799xc1 Legislation (Version 2).pdf 06-00799xc1 Exhibit A.pdf 06-00799xc1 CC Fact Sheet.pdf LOCATION: Approximately 1603-27 NW 7th Avenue and 662 NW 20th Street [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Santiago D. Echemendia, Esquire and Suzanne M. Besu, City ofMiami Page 40 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Esquire, on behalf of Camillus House, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Pending recommendation on May 21, 2007. PURPOSE: This will allow a change in the original application for a rescue mission for Camillus House. Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0289 Chairman Gonzalez: Let's take PZ.1. Yes, sir. Good morning. Roberto Lavernia (Chief of Land Development): Good morning. For the record, Roberto Lavernia, with the Planning Department. PZ.1 is a modification to the previously approved special exception for Camillus House. It's a modification to the plans. First, this do not affect any of the conditions at the previous special exception. The facility is in scale and character with the surrounding area, and the landscape on plans and open space serve the resident of the proposed project, and the Planning Department is recommending approval of the special -- of the modification of the special exception. Thank you. Chairman Gonzalez: Have theAdministration met with each Commissioner in this item? Every Commissioner understand what we're doing in here, right? Commissioner Regalado: Yeah. Chairman Gonzalez: The only concern that I had on this item when we shared the district where this facility is going to go was the -- I want to make sure that we are not increasing the amount of people that are going to be receiving services there. Santiago Echemendia: Mr. Chairman, Santiago Echemendia, 1441 -- on behalf of Camillus House. We are limited to 340 beds -- Chairman Gonzalez: All right. Mr. Echemendia: -- so the answer is no. Chairman Gonzalez: Go ahead, do your presentation. Mr. Echemendia: Santiago Echemendia, on behalf of Camillus House. I'm accompanied by Dr. Paul Ahr, the president of the Camillus House; Ron Cohen, one of the board members; Peter England, governmental relations director; Karen Mahar, director of planning; Aris Garcia, Wolfberg Alvarez; Suzanne Beni and Bob de la Fuentes of my office. First thing, we want to thank the Administration, Pete Hernandez, who was very helpful in getting us here today, as well as Ana Gelabert, Lourdes Slazyk, and all of their staffs, and also to you for your leadership. With that, I think what we'll do is have Dr. Ahr give a brief presentation; David Raymond is here on behalf of the Homeless Trust, and then we'll walk you briefly through the modification. Paul Ahr: Good morning. Dr. Paul Ahr, president of Camillus House, 336 Northwest 5th Street, Miami. I want to echo what Santiago said. This has been a very productive set of interactions City ofMiami Page 41 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 with the Commission, with the Zoning Board. We appreciate your working so closely with us. I want to let you know, Mr. Chairman, that we had the first meeting of our Citizen Advisory Board, impaneled by the board of Camillus House. We had an excellent meeting earlier this week. Many of the changes that we're going to talk about today really grew out of the last hearing on our special exception when some neighbors came by concerned about sexual predators, and we looked at our plan; we realized that it needed to be improved by making it more of a compound so that all of the sides were essentially enclosed, which gave us better observation and supervision of the folks on our property. We are committed to the conditions that we agreed to, including the 340 beds. I want you to know that part of what makes this possible is the fact that the Camillus board has raised the fundraising goal. Originally, it was in the neighborhood of $40 million; now it's $60 million, and as of today, without even beginning our capital campaign, we have pledges, cash in hand, and major commitments for 30 million of that $60 million, so this is a project which we're going to get ready to start right away. I'll be happy to answer any questions that you may have. This is a good plan. It's a good plan for the City. Entrance still remains on 15th, and no entry on 7th Avenue; only a parking garage entry on 17th Street. Thank you. Chairman Gonzalez: Thank you. David Raymond: Morning, Commissioners. David Raymond, Miami -Dade County Homeless Trust, 111 Northwest 1st Street. First of all, it's a pleasure to be here to speak about homeless issues, and I want to thank all of you for your leadership around homelessness, and in particular, Commissioner Regalado, who serves on our board, who is an active advocate; Commissioner Spence -Jones has been involved in other homeless efforts; Commissioner Sanchez -- all of you, we really are appreciative of as well as Mayor Diaz's leadership, and Pete Hernandez, who also sits on our board. At any rate, the efforts that we have made in the last about 13 years to fry to end homelessness in our community, which is truly our goal, have really proven fruitful, and these have been partnerships. The Trust is all about partnerships, and our partnership with the City is one of the greatest, I think, things that we can hold out as an accomplishment. Our numbers of homeless people on the street have gone from a little over 8,000 back in the old days when I was running the homeless coalition and we didn't have a trust, to our latest census in January, 1,380 people on the streets ofMiami-Dade County at any given point in time. Of that, just a little over 400 are on the sfreets in Miami, in the City ofMiami. That is huge, by the way. There used to be a thousand people here just a few years ago, so the efforts the City has made have been wonderful, and Camillus House is truly a partner in those efforts. Camillus is one of our largest providers. We have about a dozen contracts with them. We are highly supportive of the project that they have. My board chair, Ron Book, unfortunately, he was going to try to been here today. He missed -- he may still make it. Just on behalf of our board, we have not only been supportive in theory, but we've also helped secure $2 million in capital funding for the project, both for the permanent housing side and for the transitional shelter, as well as operating dollars, a million dollars through a HUD (United States Department of Housing and Urban Development) grant that we secured, so we are hopeful for a positive outcome. We definitely need additional space of the 340 beds that we would be able to gain by this program clearly are something that we need in this community. While we've made great strides, there are still 1,380 people on the sfreets every night when everyone closes their eyes, so we appreciate your support, and thank you very much. Chairman Gonzalez: You know, every time I hear those numbers, it really scares me, OK, because we're talking about a facility for 340 people. That's what this Commission approve. That's -- that is the plan that I supported, and when we're talking about 1,300 homeless in Dade County, I hope Dade County do their portion, and I hope that Camillus House, by having this facility, don't attract the County's 1,300 homeless into our community, you know, and I'm going to remind you again, I hope that you have establish serious strong establish controls on what you're going to have in that community, because the same way that I supported you, I'm going to -- I'm ready to go to the site and start picketing the site myself every single day, so you know, City ofMiami Page 42 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 every time I hear about these numbers in the County -- the County has to do their portion, because it's not fair that we, the City ofMiami, have to take the burden of all the problems that the County have in our City. I have enough problems in my disfrict with affordable -- with the public housing, which is abandoned -- what -- the crime that is coming out of those units. I have enough problems with having the jail, with having all of the programs that we have been talking about here for many, many years, and that was the reason why the community didn't want to support this plan to begin with, and you know, when I hear 1,300 homeless in the County, you know, as far as I'm concerned, every city should be taking their portion of the homeless and take care of them. People have been used to dump everything in the City ofMiami, and use the City ofMiami as a dumping site, and the City ofMiami is not a dumping site for anybody, so I hope that you, you know, control the site and you control your operation because eventually, there will be some problems if that is not run correctly. Mr. Echemendia: Mr. Chairman -- Chairman Gonzalez: Go ahead. Mr. Echemendia: -- we are committed to the 340 beds. As you can see, what was previously approved is 340. That has not changed, relative to the Rescue Mission, the treatment, and the program housing. Chairman Gonzalez: Yes, but it's not only having 340 beds. One thing that I -- that scared me from the beginning is to have in our communities -- and I'm talking about Commissioner Spence -Jones disfrict and my disfrict -- people on the sidewalks and people sleeping on the streets and people on the surrounding areas, because I have a strong commercial corridor about five blocks away from this site, and I'm not going to allow anything or anybody to come to Allapattah and destroy what has taken more than 30 years to build, OK, and that has me concern. When we talking -- when we talk that we have 340 person capacity on the site, and then I hear 1,300 people, what are we going to do with the other thousand people? We're going to have them around the site? Are we going to have them sleeping on the sidewalks and giving them food on the sidewalks? Those are my concerns -- Commissioner Spence -Jones: Mr. Chair -- Chairman Gonzalez: -- and I'm putting them on the record. Commissioner Spence -Jones: -- and I was -- I don't know if you -- Mr. Chairman, just in the essence of time, if you want me to communicate now or you want them to continue their presentations, but I do --I would like to put some things on the record, butt will yield to you and yield to them until they finish, and then I'm assuming we have the opportunity to speak right after that. Chairman Gonzalez: Of course. Commissioner Spence -Jones: OK. Mr. Echemendia: Mr. Chair, ifI may bring up Dr. Ahr again, because I would like for him to address your questions directly, and I think that's -- that now would be the appropriate time. Mr. Ahr: First of all, Mr. Chairman, you and I agree on this issue. When the Homeless Trust talks about 1,400, 266 of those are south of Kendall. Camillus House operates in 14 locations throughout this County. Our next area for development is in -- on our property in Naranja, so we're as concerned as you are that we don't become the kind of location of special interest, and we continue to develop in other communities in this county, in Homestead, and Opa Locka, and in Naranja. A second issue -- point I want to make is that this Commission asked us to establish City ofMiami Page 43 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 a citizen advisory board that included the business interest, that included the police, the parks, and the rest. At our initial meeting, the -- one of the first issues had to do with where do we stand on park benches, on water fountains, on anything that would attract individuals to come and stay outside of our complex. Part of the reason we built it as a compound was so that individuals that were genuinely in interest of service would come inside, that they would essentially be under our supervision, and that they would not be wandering outside. We have agreed to 24-hour off -duty police coverage so that if there are basically folks that are vagrants that are hanging around our property, that they'll be asked to leave the neighborhood, so I just want to reiterate that we want to run a first-class operation here. We want to serve those people who are interested in breaking the cycle of homelessness. The 1,400 are spread out to Miami Beach. They're in South Miami -Dade. The number of individuals who are actually counted as street homeless in Miami is in the vicinity of 400 people, and there are plenty of other agencies that are serving them; the Homeless Assistance Center, Salvation Army, and Miami Rescue Mission. Chairman Gonzalez: Another question that I want to ask you, Dr. Ahr, while I have you in the podium, have you sat down with the University ofMiami and discussed this expansion that you're proposing here today? Mr. Ahr: I think they're fully aware of it, and -- Chairman Gonzalez: And how do they feel about that? Mr. Ahr: Let me just say two things, and then Santiago -- we have included two representatives of the University, Betty Fleming from their Planning Department, and Mark Aprigliano, who's their security chief over at the medical complex, as part of our citizen advisory board, so we rely on them to bring to us now issues basically to two and a half years out, so our goal is that when we open, we'll have thought through all of the operational problems so that this becomes essentially an asset to the neighborhood rather than a liability, but Santiago has more information. Mr. Echemendia: Mr. Chair, we did meet with the University ofMiami. They agreed to join in the application. I think Vicky Garcia -Toledo is here, who could speak on behalf of the UM (University ofMiami), ifyou desire her to do so. Again, we're not modifying the beds or the number of folks that are permitted on the site. In fact, we're going to reserve a few empty beds. The uses have not changed. As you can see, they're all the same as what was previously approved. The reason for the substantial modification is that when we submitted the original plan, we did so under some time constraints to go in front of the Governor and Cabinet and get the swap approved. At the time, the plan that we had was not fully developed, and we basically crunched in all of the uses into seventy -something thousand square feet, knowing that it didn't quite work, but because of timing restraints, we needed to present that, so as a result, we have a new plan that's a better design. It's a campus -like setting. We think that it's better for the public welfare and the homeless community, and from a compatibility standpoint as well. These are some of the other institutional uses in the area; most noteworthy, the two jails that release folks, which will be drawn to the facility, and with that, ifAris Garcia could come up and walk you through the site, the site plan, and then we'll wrap it up. Thank you. Aris Garcia: Good morning. For the record, Aris Garcia, with Wolfberg Alvarez & Partners, with offices at 1500 San Remo, in Coral Gables. What you have in front of you is just some aerials of the site so you can familiarize yourself. As you know, we're bordered by Northwest 7th Avenue on the west, Northwest 17th Street on the north; there's a small street, Northwest 15th Street on the south, which is really a dead-end, and primarily the site is enclosed by an off -ramp that goes from 836 to I-95. What you have in front of you is basically a previous proposal that was approved by this Commission. As you can see there on the site plan, it was -- essentially was a monolithic structure with a courtyard in the center and a sea of parking all the way City ofMiami Page 44 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 around, so there was nowhere to secure the site. The program that you see on your left was the original program. We have not changed the program. What we're changing is the site plan, and we're changing the operation of the whole facility. Essentially, this had bunk beds, consolidated areas for the clients, and what we're doing now is giving the clients personal space, so we're coming up with a facility that's multiple buildings. This is the new plan that you see in front of you. It's a campus -style plan. Essentially, it has two courtyards, which separates the two types of population this facility will have. The courtyard on the south side, or the one that's next to the chapel, that's essentially the more transient population, the one that deals with the overnight shelter, and the lawn on the other side is for the population that really spends days and days and days, and they actually live at this facility, so just to give you an overall layout here, working from right to left, along Northwest 7th Avenue, you have Shepherd's Court. This is a permanent housing tower. These are 80 units, one -bedrooms. Essentially, no -- one -bedrooms no different than any one -bedrooms that you might see elsewhere in the City, so these people have their own living room, dining room, kitchen, bathroom, et cetera. Continues over the center bar there, what you see buildings B and E. That's essentially a three-story structure. You have an auditorium. You have a food service on the ground floor, fitness center, et cetera; amenities for the clients. Working our way north, you have the administration building, essentially a five -story building, purely administration for Camillus House. Along Northwest 17th Street, we have the LS.P.A building. This is essentially several levels of administration on the ground floor, and you have dormitories up above. The difference now being that rather than just having bunk beds and all these people in one room, it's the same number of beds, but each bed has its own private space, so they're all in bedrooms with a reading space, their own bathroom, et cetera, so much more humane. Working our way around the long courtyard is a J.O.B's dorm. That's a six -story building. Parking, as you can see, has been consolidated into a parking garage so we can allow more space within the site to hold the population. Last, but not least, on the other side of the site, we have the shops/overnight shelter/medical respite building, with the intake building that's essentially just a three-story building that faces that courtyard. We have a chapel in that courtyard, and that's also frames the forecourt, which is a -- the major pedestrian entry into the facility. These are the elevations. The one on the top is the west elevation or main elevation as viewed from Northwest 7th Avenue, so again, you see the affordable housing tower, the auditorium, food service in the center, the administration building, and the I.S.P.A building on the other side. On the bottom, you see the north elevation. Essentially, what you see on the left side of the screen is that off -ramp from I-95 to 836, and the existing signage that is there today that's not on our property. Access to the garage is via that portal there, so everything is concealed. The one on the top there is the rear elevation. That red line that you can see is basically all that aspect of the building that's covered by the ramp, and about 150 feet away is actually I-95, and the one on the bottom is what you see from Northwest 15th Street, which is that dead-end street, and that little dark hole there is really the access for all the clients into the facility. Mr. Echemendia: All of the original conditions remain unmodified, as you can see in front of you; they're all the same, so the number of beds in the program remains the same, your conditions remain the same; the goal is the same, to end chronic homelessness. Staff has recommended approval. Your Zoning Board has recommended approval, and with that, we urge you to approve the modification. I'm not sure if there's opposition or not. Just in case, we'll reserve a little time for rebuttal. Thank you. Commissioner Sarnoff Mr. Chairman. Chairman Gonzalez: All right. Yes, sir. Commissioner Sarnoff Just -- it's a brief question. Is there somebody that could tell me exactly, when you factor in land acquisition, construction costs, and the actual operation, what the per capita cost per patient is? City ofMiami Page 45 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Mr. Ahr: The -- let's talk about the -- what we're going to raise. The tax credit application that we have for the permanent housing is in the range of $28 million. That -- the tax credit program requires that operating deficits be built into the front end of it 'cause that's not going to cost $28 million to build a 80-unit apartment building. The remainder of the campus, we anticipate will cost $200 a square foot or roughly 36 to $40 million to build the rest of that campus. As I said, in addition to that, we have to take into account what we call crossover funds. We have a donor that gives us $500, 000 a year. He's now pledged a million dollars a year, but the 500,000 we need to continue to operate, so our net on that is only 500, 000, plus there is a -- there's a maintenance and repair reserve that's built into it, so that's the funding. To do the math, I guess, is 340 into 88 million, but essentially, 88 million is not really the cost to build it. The operating expenses currently in Camillus House, we have an operating budget of about $13.5 million dollars; 3 and a half million of that -- that's for the -- all of Camillus House -- right now comes through donations. We have federal and state grants that operate our treat -- that fund our treatment programs, and the balance of that is essentially HUD payments for the -- if you take out the main shelter and Beckham Hall, which are emergency shelter operations, we have 600 beds throughout the County that are essentially HUD subsidized, and the balance of our revenue is tied to those beds. We estimate that when we open this new facility that we will require basically a doubling of our state and federal grants because we're doubling our treatment program from 64 beds to 128 beds to accommodate women and Spanish-speaking clients, and we estimate that our operations for housing and for meals and those will increase, including inflation, by about a million and a half dollars. Commissioner Sarnoff But, doctor, my question to you is a little different. My question to you is what would it cost, per person, when we factor in every number you've given me at that facility, how much are we spending per person? Mr. Ahr: They tell me it's -- I don't -- maybe you could explain it. They -- I wouldn't calculate it that way, but they say $10, 000 per person, per bed. I don't know if that's the answer to your question either. Commissioner Sarnoff I -- my math is a little different, and I'm -- maybe I'm not very good at math; certainly didn't become an accountant, but ifI just listen to all the numbers you threw at me, I'm at about 140 or $160 million, and it's 340 into that, correct? Mr. Ahr: It's 300 -- we estimate that, you know, some of these individuals are going to -- if you're trying to divide it by the number of people that are going to be served there, is that the question? Commissioner Sarnoff No. I understand, and correct me if I'm wrong, because you've spoken to the Chairman that we're going to cap this at 340 people. Mr. Ahr: Right. Commissioner Sarnoff I'm merely looking at this from a economic basis to see what does it cost -- and I'm not caring whether you're talking about state, federal, city, county, donations. I just want to know, per person, what does that come to. Mr. Ahr: Well, the -- what they tell me is 10,000 per person, per year. Commissioner Sarnoff OK. Chairman Gonzalez: No, because 10,000 will be -- Commissioner Spence -Jones: Maybe -- City ofMiami Page 46 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: -- $340, 000. Commissioner Sarnoff Right. Commissioner Spence -Jones: -- Mr. Raymond, from the Homeless Trust, he might be able to expand on it more, just on -- just in general, you know, what are we talking about from a cost perspective as usually being spent on an individual -- Chairman Gonzalez: They're talking what -- Commissioner Spence -Jones: -- that is involved -- Chairman Gonzalez: -- $80 million? Commissioner Spence -Jones: -- in these type programs. I they that's what they're trying to figure out. Mr. Raymond: IfI may. I think it's -- a hard number to get to because that 340 is made up -- and I certainly don't want to speak for Camillus -- but made up of different levels of care. You have some people that are in permanent housing, some that will remain, so if there's 80 beds there, that may have a fixed cost, which probably is somewhere in that neighborhood, at least from our experience, of about $10, 000 a year; it may be more or less, depending on the level of service somebody needs within the facility. You then have people in transitional housing, who will be coming and going, so it's not like you're going to fill, besides the permanent housing beds, those and you're just going to have that person remain there, and it's going to cost $10, 000 for that person. What our costs have been traditionally at the Homeless Assistance Center, somewhere in the neighborhood of $30 a day per bed. Now that's operating costs, not capital, and that includes everything that's involved in that person's care. We have primary health care, dental services. We do have a dog kennel down south, not in downtown, and so that could, in fact, you know, alter those numbers, so I could see where you're going with this, but it's kind of hard to figure it out into the capital because the facility, it's like a -- it's going to turn over, in terms of the occupancy. Commissioner Sarnoff No, I understand, but if, from an elected official standpoint and from a person watching the Commission meeting -- I mean, a number of about $140 million was thrown out here, and that's, no doubt, land acquisition, operating, you name it, and it's 340 people, and -- I mean, I'm -- the Chairman's actually doing the math -- Chairman Gonzalez: It's about four hundred and some thousand dollars. Commissioner Sarnoff Yeah, we were figuring four hundred and something thousand dollars per person. Chairman Gonzalez: Per person. Commissioner Sarnoff Now, you could amortorize [sic] that, if you'd like, over 20 years; it's -- the number's still going to be staggeringly high. Mr. Raymond: I think, though, that the 340 is not the number. The 340 are the number of beds. People will be coming through -- Our Homeless Assistance Center in downtown, for example, if we have -- we have 402 beds there. We may see that -- those beds turn over, on average, of every 45 days with people, and we have an outplacement rate there, which I believe Camillus is probably equal to their numbers, somewhere around 60 percent, so we place over 4,600 people a year into housing. That 1,300 number, by the way, you were talking about before, is point in time; just on the street at any point in time, so it's hard to get to that, you know, in terms of how City ofMiami Page 47 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 many people you'll actually serve. You'd have to look at how many people would be served over the year and then sort of divide it in. That's how we would look at it. We serve in our system -- over 12,000 unique people receive services through the homeless continuum every year, whether it's prevention, or health care visit, or housing, and we spend about $40 million a year on that, and if -- Chairman Gonzalez: But is that -- are those the people that you're going to be serving at this site, 1,200 --12, 000 people a year? Mr. Raymond: No, sir. The people that we have -- and that's countywide. Well, it's how many people come in and how many people don't come into our system. Chairman Gonzalez: But what the Commissioner is referring about is what you have put in the record. Mr. Raymond: Yes, sir. Chairman Gonzalez: That it's going to cost about $140 million, the entire project -- Mr. Raymond: Well, that's -- I didn't put that on the record -- Chairman Gonzalez: -- and that we're going -- Mr. Raymond. -- so I don't want to speak to the 140 million. Chairman Gonzalez: -- to be serving 340 people, and if you take -- if you just divide 140 into 340, it gives you about 400, 000. Mr. Raymond: I'm not sure that said 140 million, so let me -- Commissioner Sarnoff No, no, no. I added all your numbers. I took -- Mr. Raymond: OK. Commissioner Sarnoff -- your 88 million. I took -- I just kept on adding. Mr. Raymond: OK, but ifI could, the cost -- to construct this -- I'm just going to talk to construction -- is roughly $51 million, which ifI do my math on the back of my business card, basically, it says it's going to cost us $15, 000 a bed, if the bed is a unit we want to use, recognizing we have office space, and we have space for partners, and other functions. Beyond all that, we estimate that, in that facility, we will have -- I have to break out that facilityfrom -- probably about seven and a half million to operate it for the 340 people that are there a year. That includes administrative costs and cost of food and transportation and the rest. Commissioner Sarnoff So your 88 million number wasn't --? Mr. Raymond: The 88 million number is the amount that we are raising in our capital campaign; 28 million for the tax credit program, which is separate; 60 million -- what they tell me is of the 28 million, the cost to build that building is 15 million. The balance of it is essentially the operating deficits that are built in upfront because we're going to have low and very low income people here who are -- who's rent is not going to cover the cost of the operation, as it would be with any other low-income housing project, and the rest of the facility, we estimate to be in the range of around 36 million, so 51 billion to build it. The difference between the 36 and the 60 has to do with creating a reserve. We have to equip it, and we have to create -- we have to cover lost oper -- lost major gifts during the pledge period. As I gave the example, if a City ofMiami Page 48 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 man now gives us a million that give us a half a million, we'd still need that half a million to fund our current operations. Chairman Gonzalez: All right. Commissioner Regalado: I think, Mr. Chairman -- Commissioner Spence -Jones: I just -- Mr. Chairman, I'm -- Commissioner Regalado: -- ifI may just -- Commissioner Spence -Jones: -- I know, but -- Chairman Gonzalez: Let me -- Commissioner Spence -Jones: -- only reason I'm -- it clearly -- Chairman Gonzalez: Would you please -- Commissioner Spence -Jones: -- I mean, I was trying -- Chairman Gonzalez: -- allow me --? Commissioner Spence -Jones: -- to wait for people to at least allow for them to complete their presentation, respecting -- Chairman Gonzalez: Will you --? Commissioner Spence -Jones: -- the Chair. Chairman Gonzalez: I believe they already completed their presentation. Commissioner Spence -Jones: Oh, they -- I mean, is the public hearing -- is there going to --? Chairman Gonzalez: Well, that's what I -- Commissioner Spence -Jones: Oh. Chairman Gonzalez: -- if you allow me to -- Commissioner Spence -Jones: OK. Chairman Gonzalez: -- speak, that's -- Commissioner Spence -Jones: I just -- Chairman Gonzalez: -- what I'm ready to do now -- Commissioner Spence -Jones: I just -- Chairman Gonzalez: -- is to open -- Commissioner Spence -Jones: -- want to be able to have my opportunity to say something. That's -- City ofMiami Page 49 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: -- the public hearing, and then bring it back to the Commission. This requires a public hearing. This is a public hearing. Mariano, you're recognized. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street. I (UNINTELLIGIBLE) very hard in two minutes to make a chronicle of the site of Camillus House in our neighborhood and in the City ofMiami because I have been fight -- I mean, usually, I am -- most of the time against Camillus House, since 1988, long time before any of you were in that dais; I was already fighting, and we fill this chambers three times, '88, '92, and 2002, and I cannot tell you when. In 2000 -- no, in '92, the vote was for Camillus House, for. Victor De Yurre, Miriam Alonso, Mayor Suarez, and against, J.L. Plummer and Miller Dawkins, and then having the flip-flop at the Allapattah dining room there, that they change the votes -- Miriam Alonso change the vote, and they stop Camillus House from building at 12 and 20, at the old incinerator. I don't know if you remember. You were there. Chairman Gonzalez: I remember. Mariano Cruz: I know I saw you around there, and then in 2002, work with the CRA (Community Redevelopment Agency). It was for -- it was the late Arthur Teele, Johnny Winton, and then against Camillus House in the CRA neighborhood. Who was against it? Angel Gonzalez, Tomas Regalado, and Joe Sanchez, because I was here. We fill this chamber completely -- Chairman Gonzalez: Mariano, your time is running. Mr. Cruz: -- and this is -- I am for the increase now, for the increase in the square footage. That's the main thing, because we will need Camillus House when? When we do away -- when we have a living wage that is not four -something dollars an hour for people to live. Then they (UNINTELLIGIBLE). Affordable housing. That's when we will need Camillus House. Well, in the meantime, we have -- what is the alternative? I haven't seen anybody from the Grove volunteer to have a Camillus House here, because even -- when you were going to have it at the Old Naval Reserve, the people were opposed to the Miami Coalition for the Homeless, which -- Chairman Gonzalez: All right. Mr. Cruz: Donna MacDonald -- Chairman Gonzalez: Mariano, your -- Mr. Cruz: -- 'cause I was here, too. They -- (UNINTELLIGIBLE), and what they put there? The grocery store. Chairman Gonzalez: Mariano, your -- Mr. Cruz: That's what they put there. Chairman Gonzalez: -- time is up. Mr. Cruz: OK. That's it. Chairman Gonzalez: Thank you very much. Mr. Cruz: That's what want to know that -- Chairman Gonzalez: We -- City ofMiami Page 50 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Hr. Cruz: -- I am for -- Chairman Gonzalez: Thank you. We -- Hr. Cruz: -- the increasing in footage. Chairman Gonzalez: -- appreciate your support. Anyone else from the public that wants to speak on this item? Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Who wants to speak first? Commissioner Spence -Jones. Commissioner Spence -Jones: Well, I mean, I did ask if -- and I was just trying to wait for -- Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: -- the whole pro -- Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: -- and if you don't mind, Commissioner Regalado -- I know you're very much involved in this issue on homelessness, and I'm sure you're going to have some great things to share. I just want to add a couple of things that I think are really important to say, and Mariano kind of eluded [sic] to it in his statement, but -- I mean, this is a true fact that we cannot overlook or get around. I mean, the mere fact that we could have a shantytown happening on 62nd and 17th is a strong indicator that we have a serious housing issue happening in the City. I can't tell you the number of families -- I'm not even talking about individuals, but families not drug addicted, not having any mental issues, but are struggling every single day and living in shelters because they can't afford to rent or live in the City. I mean, that's -- I mean, just this past week, at the Liberty City Trust, I ran into a family of four that after not being able to really afford the increasing rent, they had to move to shantytown for two little children -- one was four and one was three -- and a husband and a wife struggling to take care of their families, and their next step was, of course, a shelter; no drug addiction, no mental illness, just caught in a situation where they had no place to go. Unfortunately -- and it - - this is -- it is what it is. I have inherited a district that has, I think, the majority of the housing - - I mean, excuse me -- homeless shelters or facilities within it. I mean, in the Overtown area alone, it's overwhelming in that particular community, the number of programs and services that are made available to folks that are homeless. I do agree with the concerns of the Chairman to make sure that -- in his statement of making sure that there is something put in place to make sure that his residents in the community in which he serves and the residents that -- in the community in which I serve, the Overtown area, are not feeling that they're having to stomach or swallow this facility that is going to create an issue for their children and their parks and their schools because of this issue of perception of people being homeless and drug addicted and everything else, so I agree with him on that. I am -- I also want to state -- I think it's important to state that I'm glad to see that Camillus House has put in place the Community Advisory Board with key individuals to make sure that if they do not do the things that they promise this Commission that they would do, then we have a means of addressing the Camillus House, because we do know that we will see you again, so I'm glad to see that that is happening and continues to happen before the facility even gets built. I'm glad to know that there is going to be off -duty police, not us paying for the police, but police paid by the Camillus House to make sure that this does not overflow or affect the businesses in the area, because I'm sure that was one of their biggest concerns. Now, I am definitely in support of Camillus House and it's no secret. I -- there's no way that I cannot support an agency or organization that is truly frying to help individuals transition back into society. I have -- it has been no secret that we have, in my office, supported various initiatives, through Lilies of the Valley, and Somerville, and the Better Way facilities, and different things that we're doing, so that's no secret. I just think that, you know, the Chairman's point, and even Commissioner Sarnoffs point, is that they just want -- and I just City ofMiami Page 51 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 want to be clear -- with the Camillus House folks -- is that they want to make sure that all the things that you're promising, that you're going to keep your word on it, and I think that that's where, you know, when you start mentioning all these different numbers, David and Dr. Ahr, of the number of homelessness individuals that are in the County or in the City, you know, we know that they're going to end up in the City. I mean, that's where they are, even though we say they're everywhere else; they're kind of going to end up in the City at either one of those programs, so we just want to make sure that you -- we are assured that you're going to make every effort to do that. Now, I -- my question was about the plan, really, because you know, originally, whatever was presented -- my concern in communicating on the plan was that thought that the 7th Avenue portion was going to have retail elements to it, because it is on a major commercial corridor, it is right across the street from a commercial area with the Civic Center, and when I looked at the plan, it seems as though that is not being included in the overall facility, and I think that it's important so that there is some sort of engagement happening with the people that are there living in the neighborhoods already and the people that are within the facility. When I look at the plan, I don't see that. I see the administration building, and that's fine, but think -- I -- one of the things that was told was that there would be some retail elements lining on 7th Avenue, so I didn't see that in what you presented today, unless I overlooked it, so I would like for you to at least speak to that on that issue real fast for me. Hr. Echemendia: Commissioner Spence -Jones, the -- Commissioner Spence -Jones: Yeah. Hr. Echemendia: -- plan that was previously approved did not have retail, nor does this one -- Commissioner Spence -Jones: Right, and I think that -- Hr. Echemendia: -- but let me have Aris -- Commissioner Spence -Jones: -- what I put on the record when you guys presented it the first time that that's one of the things that wanted to see happen so that there was some sort of connection to a major corridor, to the 7th corridor. I don't see it in there. Hr. Garcia: While she brings the plan up. The original plan that was approved basically had that building right smack in the center with that sea of asphalt. Commissioner Spence -Jones: Right. Hr. Garcia: As architects and planners, we wanted to do two things. Number one, we wanted a more urban approach to this site, bringing the buildings closer to the sidewalks so we had some things to look at, but number two, we also wanted to make sure that we kept the more transient population away from the street. Mr. Ahr: If that's what you want, we'll do it. Commissioner Spence -Jones: Yeah. I mean, that's what communicated -- Hr. Ahr: We'll make it -- we'll put in -- Commissioner Spence -Jones: -- is you know, we want -- Hr. Ahr: -- the administration building. Commissioner Spence -Jones: -- you know, we talked about it being a training facility, not just for the folks -- City ofMiami Page 52 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Hr. Ahr: OK. Commissioner Spence -Jones: -- that are living in the shelter, but that could be made available for people that once they left the shelter, they can continue to be trained vocationally. I mean, there were a lot of other things that we talked about, and I just want to make sure that that commitment is still there, because the reality is we do want people to transition out, but they may still need support services, like drug treatment, mental health treatment, and the reality is, I think that's necessary to have it be more engaged into the neighborhood. Hr. Garcia: Just to clarify. What we have done in order to keep that more transient population from the edges of the site is that we've lined the public areas of the site with office space, so you actually have office space, and the only portion that's residential on the street along Northwest 7th Avenue, which is -- it's really the permanent housing tower; it's not the transient population. What we've also done to those units facing the street, they're actually walk-up units, almost like townhomes. You have a stoop condition, so it's a very lively elevation along both major streets. Commissioner Spence -Jones: Yeah, but that's my point. Seventh Avenue is a commercial corridor. I don't want to -- I -- the communication we had was that we don't want town houses or housing happening right off 7 -- the idea is to make sure -- Hr. Echemendia: Commissioner -- Commissioner Spence -Jones: -- I mean, Dr. Ahr just said -- made -- I'm assuming he just made a commitment that -- Hr. Echemendia: The answer is yes. Commissioner Spence -Jones: OK. Hr. Echemendia: The -- as long as -- what we don't want to do is come back on a substantial modification -- Chairman Gonzalez: I hope not. Hr. Echemendia: -- because we're scheduled for closing on the swap next month, and this needs to be approved to be able to do that. The Planning director has indicated that as long as it's a condition on the part that you impose, it would not engender a substantial modification, so we would be OK with adding some retail on 7th -- Commissioner Spence -Jones: OK. I -- Hr. Echemendia: -- as long as you impose it as a modification so that it's not a substantial -- condition so that it's not a substantial modification. Commissioner Spence -Jones: No. No problem, and in my closing -- thank you so much -- statement, and this is really for the City Attorney and the -- I don't know if the Zoning Department head is here. Is anybody here from Zoning? Do you know? OK. All right. I just want to -- I wanted to make this statement because, you know, as I stated earlier in the beginning - - I mean, I've been a true partner of Camillus House and has been working with them daily on several issues, you know, regarding things that would happen in my district, and it's really important, from the CityAttorney's perspective and from the Zoning Department, when we don't - - I think that there needs to be some notice that's given to us, as Commissioners, when items are either going to the Zoning Board or whatever, because we don't know it, so you know, I'm constantly engaging with Camillus House, with Better Way, with all different types of agencies City ofMiami Page 53 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 that serves homelessness, and I don't ever want it to be or appear that, you know, I have a greater relationship that can't be fair with Camillus House, that can't be fair in making my decision, but ifI don't know or we don't know, or there's no notification that's given to us -- Commissioner Spence -Jones, these are all the items that are coming in front of you know, the City -- I mean, in front of the Zoning Board or whatever the case may be -- I think it's important for us to get that information, because we -- I deal with Camillus House all the time, and this is something, Ms. City Attorney, that, you know, to learn that, you know, we had an item coming in front of us today based upon the last Zoning Board meeting, you know, which was this month I believe, this item came to them, and it's here with us right now, so I think it's important for us to have that notification so that we know how to temper our conversations in our participation or involvement with these groups. Maria J. Chiaro (Assistant City Attorney): My understanding is the agendas are provided to you for the lower boards. This item came to the Zoning Board just this week. Normally, it would have gone to the Zoning Board more than 30 days before, but it was forwarded to the City Commission without waiting the month that normally is in between, but Hearing Boards can be advised to provide you with the agendas for both the Zoning Board and the Planning Advisory Board items, which are the predominant amount of the Planning and Zoning items, if they don't already provide those agendas to you. Commissioner Spence -Jones: On this issue, we didn't get it, though. I had no idea, and it's fine. I just want to make sure I put it on the record, OK? That's my only comment, Mr. Chairman. Chairman Gonzalez: You're done? Commissioner Spence -Jones: Done. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. My -- for me to sit on the Homeless Trust in behalf of the City -- and the League of City [sic] have given me a little perspective about the homelessness issue, and I understand the concerns of the Chairman, and I understand the concerns the area Commissioner, Michelle Spence -Jones, in terms of well, you know, using the phrase that they wanted to use for the Marlins Stadium, "If we build it, they will come, " but the issue of homeless is a very complex one. They -- lucky for us, the numbers in the City ofMiami, which is the downtown court, has gone down in the past, and the City has been very proactive, and David and the Homeless Trust have been working very hard. However, the fact that we have 1,300 homeless throughout the County doesn't mean that if they build this facility, they will come. There are chronic homeless that would not leave their territory. They believe that this is the area that they operate, regardless of being harassed, even by the police in some municipalities that they are; Miami Beach and Coral Gables, for one. They stay in the area. Some would refuse to go as far as downtown, from Naranja or Kendall, even though they were told there is a new facility. The likelihood of this happening is minimal. If you look at the HAC (Homeless Assistance Center) on Miami Avenue and 14, it's a spectacular place. It's a model place. Armando Codina and Alvah Chapman build that, and they help families and they help people that they go to, and there is still homeless in other areas of the County and the City that refuse to go there, so I think that that we have to understand in terms of the service area. We do have a population. The population in downtown is the most likely to attend Camillus House, and that population rises and go down by month and by year. I think this is the lowest number that we had had in the past, butl would not worry about the fact that those 1,300 people will be, you know, driving or hitching or walking to the area because there are many -- and the service will tell you -- that will refuse any and all help because they wanted to stay in the area. I just wanted to say that, because maybe that would help understand the issue homeless. The other issue I think that Commissioner Sarnoff was trying to get a sense of how much per person, and that is one important issue because it is like, you know, the Metrorail and the -- you know, that -- you City ofMiami Page 54 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 spend a billion dollars so you can have 1,000 riders. I think that we should see this in a way how much it cost to operate the center every year, and divide that by the number of people in the area. I don't know if they will be able to fill the 300 and some beds, but I do know that the teams of the Homeless Trust and the City ofMiami -- and we have the NET (Neighborhood Enhancement Team) director here, which is also the coordinator of the Homeless Trust -- are very, very proactive in terms of asking the homeless to accept attention by the Trust or by the City ofMiami homeless department. I just think that the issue of being overwhelmed by all the homeless in the area is more or less a nonissue. I think that we should focus in one single problem, which have not been resolved by any government or any authority, which is the Miami -Dade County Jail. Everyday there are 300 people that are free and let go from -- 350I think is the number, and of those, the statistics say -- and I have ask the question, and I'm sure that David will help us on that, in terms of the number because it will be interesting for you, Mr. Chairman, especially in your district, because they do walk in your district -- Chairman Gonzalez: They are released in Allapattah. Commissioner Regalado: -- that's -- you know, we have not been able to establish a program whereby these people are either bus, taken to the places that were -- they were arrested. Of those 350 people, statistics say that at least 50 have nowhere to go, so the other 300, you know, family picks up; they go home, but if 50 a day doesn't have a place to go, this is what we have to worry about, being overwhelm by the jails in that area population, and hopefully, maybe David has some ideas from the NET aspect of the -- of this issue, or David Raymond, but I think that Camillus House should get involved in this issue in terms of offering transportation, in terms of offering guidance, because you know, the moment that these people get out ofMiami-Dade County Jail, no one knows what they do or where they go, and I think that that's a fundamental problem for the area, so I just wanted to say that we should work in that because that, I think, is the main issue of vagrants in the area. Thank you, Mr. Chairman. Chairman Gonzalez: Thank you. Vice Chairman Sanchez: Mr. Chairman, for 20 years, this Commission, whether we were here or not, have been dealing with this issue, to try to find a solution, to find a reasonable place for Camillus to provide the service that they provide to our community, and every time that we're faced with a -- such a challenging task, I think of a quote that says, "Leadership is the capacity to translate vision into reality," and the vision is there; the reality is right here, and the leadership, that's what we're here for, to address the issues in our community that affects us the most, and homeless is one of them. Homeless affects the quality of life. Homeless affects anyone, and I know from experience; there're a lot of people out there that are just one paycheck away from being homeless, and where do they go? Dan. Dan is one paycheck away from being homeless. No, only kidding, Dan. And our obligation is to protect those that are down and out, and anybody could be down and out, whether you have an illness, whether you're -- financial in situation. You know, you may be in a situation where you're going to need that service, and you know what? Homeless are going to continue to come to Miami, and we'll be able to provide the best possible service with great pride, but homeless is still going to come to Miami. Why? Because of the weather. Because of the VA (Veterans Hospital) Hospital. Because of the infrastructure that we have in the City where the jails are right there and then they get release, and it's a never-ending battle between law enforcement and homeless where before an A -form is completed, they're being released, but it's an issue that we're going to have to address, and I think that after 20 years, I want to focus on one word, and that word is being "leadership," and that leadership has come from two Commissioners that sit here today, that were the ones that said "Do it in my backyard, " when there were many Commissioners here who didn't want it in their backyard, and the Mayor played a very important role in the Administration and both Commission and this Commission to come together with a great organization to not only provide a great service, but to bring an institutions that's going to bring employment and revitalization to an area, and that's the UMBiocenter, so when you talk about leadership, I want to praise the City ofMiami Page 55 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chair for having that leadership, and I want to praise Commissioner Spence -Jones for having that leadership, and I want to praise all of you for having that vision, and I know that we are, today, going to make this a reality. The conditions that are set forth are there. There will be no changes; 340 beds, no changes whatsoever, which was a concern to us. The improved design is in scale and character with the surrounding areas, and I believe we'll be able to provide better service, and that's what it's all about because they're service providers. The original conditions still apply, and they have not been modified, except one modification that has been proffered by Commissioner Spence -Jones, which I wrote down, and that has also been accepted, which is to add commercial on 7th Avenue. There's one issue that I want to put forth, and that issue is one that I think the Commissioner is concerned, I think this Commission is concerned, and I, too, am concerned, and that is that I want a commitment from Camillus House that there will be controlled distribution to other facilities once that facility is fully -- full in capacity. In other words, they will be bus to other areas, whether it's down south or other areas that you provide service, because the last thing we want to do -- and I think we've agreed on this -- is to have people out on the street trying to get in and you not having the capacity to serve them, so having said all that, after 20 years, I'm proud to sit here and say that if there's been accomplishments -- and there have been many in my nine years here -- this is one that I am very proud to vote in favor, so therefore, I will make a motion, Mr. Chair, and call the question. Chairman Gonzalez: All right. Do have a motion -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. I'm not sure if it is an ordinance. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Let the record reflect that there are no nos. All right. Ms. Chiaro: Mr. Chairman, for a point of clarification. This was approval with the additional con -- Chairman Gonzalez: With the additional -- Ms. Chiaro: -- condition -- Chairman Gonzalez: -- conditions. Ms. Chiaro: -- to add -- Chairman Gonzalez: Right. Ms. Chiaro: -- a retail component on 7th Avenue. Chairman Gonzalez: Right. All right. Mr. Echemendia: Thank you very much. PZ.2 07-00298 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING, IN PRINCIPLE, THE MIAMI PARKS AND PUBLIC SPACES MASTER PLAN, DATED MAY, 2007, AS A GUIDING TOOL FOR THE FUTURE DEVELOPMENT AND PRESERVATION OF CITY OF MIAMI PARKS AND City ofMiami Page 56 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 PUBLIC SPACES AS ENVISIONED IN THE MIAMI 21 INITIATIVE. 07-00298- City of Miami Park Master Plan-PAB PFS& Legislation.pdf 07-00298 CC Legislation (Version 2) - OLD.PDF 07-00298 Miami Parks and Public Spaces Master Plan.pdf 07-00298 (Version 2) - Updated.PDF 07-00298 CC Fact Sheet 05-10-07.pdf 07-00298 CC Fact Sheet 05-24-07.pdf 07-00298 PAB Reso.PDF APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Pending recommendation on May 16, 2007. PURPOSE: This will allow the adoption and implementation of the City of Miami Parks Master Plan as a guiding tool for the future development and preservation of the City's Parks and Public Spaces as envisioned in the Miami 21 initiative. Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0290 Direction by Commissioner Sarnoff to the City Attorney to bring forward legislation to the City Commission for the creation of a new Parks Advisory Board, to be effective sometime in July. A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and was passed unanimously, directing the Administration to begin working in the next 60 to 90 days to bring to the City Commission and the newly constituted Parks Advisory Board a pilot program for each district where private government partnership will be used to fund maintenance and enhancement of an existing park. Chairman Gonzalez: PZ.2, Miami Parks and Public Spaces Master Plan. Mr. Mayor, you're recognized. Mayor Diaz: Thank you, Mr. Chairman, and first of all, I want to join Commissioner Sanchez in praising you for your leadership on the issue that you just voted on, and Commissioner Spence -Jones, and really the entire Commission because you have made history today. You've been able to accomplish something that your predecessors couldn't accomplish over a period of 20 to 30 years, and speaking of history, we're here today, I believe, to once again, make history. You have before you the first comprehensive long-term plan for the parks and public spaces of our city, including a strategy for implementation, something that is a blueprint for us on a going forward basis, something that we hope to create measurement standards, specific measurement standards, implementation from a budget perspective, from a timing perspective. The plan provides some things that can be accomplished in a few years; some that may take a little longer, five to ten years, and others that can be implemented over a 20 year period. This is the first step, I believe, in improving our open spaces in each and every single Miami neighborhood, and I believe will transform our parks system in this twenty-first century. Already, a lot has been done, and I thank you all for your leadership. I know all of you have a strong commitment to our parks and open spaces in the City ofMiami, and we have doubled -- practically doubled our budget. City ofMiami Page 57 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 In the Parks Department, over the last few years, we've spent tremendous amount of money in capital improvements; new programs have been developed; better maintenance. I know that, as I drive around the City today, I see more and more people using our parks than I had in the past. I want to also commend the Administration, and in particular, Ernest Burkeen as Parks director, who I believe has done a great job. The master plan even calls for certain things that I said -- as I mentioned already being implemented. The Chairman and I attended a press conference at the PBA (Police Benevolence Association) site not too long ago, three weeks ago or so, where we bought I think it was like six new acres, or eight new acres of parkland to add to the City of Miami. Recently, atMorningside Park, in furtherance of the blue trail throughout the state of Florida, we kicked off a kayaking program there. We talked about having year-round swimming pools. By this year -- by next year, we should have six of our swimming pools that are year-round as opposed to the two that we have today. The Chairman and I also attended the ceremony where we installed a new artificial turf at Curtis Park. Commissioner Sanchez and I will soon be breaking ground at the Jose Marti gym. The Parks Department has hired a landscape architect, an issue that I know is important to all of us. We have new programs, like Shakespeare in the Park, Jazz Brunch on the Bay, PJs in the Parks, movies. We're showing movies. We're getting a thousand people to show up to our parks and watch some of these programs. Jose Marti has an aerobics class and a water polo team. At Robert King High we have a Say No to Obesity program, and on and on and on, and so obviously, we've seen some of these changes that have radically improved the service that we're providing in our parks, the look of our parks, the design of our parks, and this master plan today is our vision, a vision that we will leave for those that succeed us to be able to implement a park system that is one that we can all fruly be proud of. We have with us the great firm of Goody Clancy and David Dixon and Larissa Brown, who have done an outstanding job in producing the document that you have in front of you, and of course, I would ask that you support it. Thank you. Chairman Gonzalez: Thank you, Mr. Mayor. Good afternoon. I'm sorry. Good morning. Still in the morning. Yes. David Dixon: Good morning. Unfortunately, if we could do an equal equally outstanding job of getting our PowerPoint to go. Chairman Gonzalez: We need name and -- Larissa Brown: It's coming. It takes -- Chairman Gonzalez: -- address for the record. Ms. Brown: -- time. Mr. Dixon: OK. Mayor Diaz: Thank you. Mr. Dixon: I'm David Dixon. I live in Boston; work for Goody Clancy & Associates, and my abled colleague is. Ms. Brown: Larissa Brown, also from Goody Clancy, and it's coming up. It just takes a while. There we go. It's coming. Chairman Gonzalez: We need you to speak on the mike because we can't hear you. Mr. Dixon: Thank you. OK. Once again, I'm David Dixon, and it's a real propound pleasure to be here this morning and to be able to address all of you. This has been a hugely important project to us, personally as well as professionally. This has been a wonderful community in City ofMiami Page 58 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 which to work, in part because of the, I would literally say, unending and unbounded enthusiasm that we've had a chance to experience and enjoy on the part of City staff on the part of community people, on the part of elected leadership. One test we use in our office -- I'll just be a wee bit blunt here -- is if we have a citywide workshop or a public meeting and elected officials come, do they come, say hello, and leave, or do they come and stay for the day? And this is one project where, meeting after meeting, the Mayor and others came and stayed for the entire day, and that is a real sign to us of the interest and enthusiasm. I will also say that we have probably received more e-mail (electronic) from the good citizens ofMiami in this project than all the other work we've done over the last year as an office, or last two years. It's a -- this is a -- project elicited great interest. I want to personally thank a couple of people, Ana Gelabert-Sanchez, Enrique Nunez, and Harold Ruck, from the Planning Department, certainly, Ernest Burkeen and Lara De Souza from Parks & Recreation Department, and certainly, the Mayor and all of you for your wonderful support. I will also say that there're a whole series of people that I couldn't possibly name who work for the Parks & Recreation Department, work for Planning, work elsewhere in the City who have had just tremendous ideas and clearly care a great deal about the City's parks and public spaces. I'm going to speak in headlines because out of respect for your time, and my gosh, once I had a chance today to see the incredible difficult issues that you must deal with meeting like this, so please note questions and ask me about anything I don't cover sufficiently, thoroughly. I'm going to focus on the major opportunities and the challenges, and boy, you, like any city, have many challenges, and I hate to add to them, but to realize these opportunities, there are challenges that need to be met. Four key themes and commitments that, I think, we feel are critical, and we feel the City is well poised and ready to step forward and respond to, and then principles, actions, and some examples of the kinds of things that can be accomplished. As a brief historic overview, the City ofMiami has struggled to create a park system, probably comparable to other cities, for many decades because it's not something that the City did at the start. Unlike the cities that grew up in the industrial era and early in the twentieth century and (UNINTELLIGIBLE) late nineteenth century, invested in marvelous park systems, Miami didn't grow that way, and so it didn't inherit the kind of park system that many cities did inherit today. Miami is seeking to do -- to create a twenty-first century park system at a time when that isn't easy. We live in a world in which the public sector has fewer resources than it did historically in which land cost much more, in which, clearly, as I've had a chance to understand very directly this morning, cities deal with very many complex issues that they didn't choose to deal with in the early twentieth century when they invested in parks, so thatMiami clearly is a city that, while it has close to a thousand acres of city and other owned land, is a city that, say, has many opportunities to capture. One of the things that has struck as -- of -- as we really come to understand Miami is that probably more than most American cities, maybe almost than any American city, it is a city in transition; there has been a remarkable change across this country in the demographics ofwho we are as Americans, meaning that many more people are potentially interested in living in cities and moving back in rather than out. There are cities that are simply letting this happen to them, and there are cities that are choosing to manage growth and change for community benefit, and Miami, certainly through Miami 21 and this process, is in the forefront. Miami is one of the very -- I was struck with really -- and very much appreciate the fact thatMiami is one of two cities to adopt the labor policy that you did this morning. Well, Miami is also one of the very few cities that has chosen to tackle the very difficult topic of planning for a twenty-first century park system, and to really use the renewed wealth that is flowing into the city and other cities to enhance quality of life in this way. There are fremen -- let me come back. There are real opportunities here. This is a city of unmatched diversity, clearly, in America, and that means that it's a city that needs a broader range of parks to really respond to the aspirations and needs of a very diverse population. It is a city in which -- can really benefit from the ways in which parks can connect people to their own neighborhoods, to other neighborhoods, and to the core of the city, and I'll talk a little bit more about that, and it is a wonderful opportunity to really connect people in Miami to the City's wonderful nature and the water that surrounds it in a way that hasn't yet happened. There are significant challenges. Miami will need to commit -- and I think you have -- to maintaining and enhancing the parks you have to really adopting a culture that says that each generation will City ofMiami Page 59 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 hand over a better park system to the next generation than that which it inherited. This means expanding parkland, growing park budgets, clearly at a difficult time, and we'll suggest some ways, and building a new culture of partnerships because no city in America can create a park system and operate it on its own. It needs partners to reach out into the community, and you've started that process. What you will gain is a legacy that I think -- we think can be a national model for a great tropical park system and public space system; say a system that really serves the people of its city in ways that can make a tangible difference to the quality of life in every Miami resident, and we want to talk about that, and really position the City; provide the enhanced quality of life that should support a growing population. We couldn't possibly have done this project without -- Chairman Gonzalez: We lost quorum. We lost quorum. Vice Chairman Sanchez: Yeah, we did. Mr. Dixon: And I need to ask, should I continue or pause? Vice Chairman Sanchez: No, no. Chairman Gonzalez: No. You -- Vice Chairman Sanchez: They'll come -- Jorge L. Fernandez (City Attorney): Well, to the extent that there will be a vote required as part of this item, you should wait until we have quorum so that all the -- Vice Chairman Sanchez: Quorum. Go ahead. Mr. Fernandez: Quorum back. Chairman Gonzalez: Quorum back. Go ahead. Mr. Dixon: OK. Thank you. We couldn't possibly have done this project -- we couldn't have done it and we couldn't have done it very well without a absolutely thorough and comprehensive public outreach and civic engagement process, so we met on a number of occasions with neighborhoods across the City, at least two meetings in each NET (Neighborhood Enhancement Team) area, a whole layer of meetings with people who are advocates for various aspects of the park system beyond this, and we learned a great deal. One of the things that we learned, in particular, that I think we couldn't possibly appreciated without this process is how a -- such a culturally diverse community uses parks in very different ways, often the same park at the same time, and that's a real source of richness. This plan is about long-term policy to basically provide guidance for management implementation. That means understanding what a park system can and really should be about in the twenty-first century, a framework for decision -making about preservation, acquisition of land, and also establishing a -- sort of new era of -- sort of a new culture of cooperation/coordination between agencies and with partners in the larger community. There are some major headlines here. Clearly, not only no net loss, but growing this park system of -- as the City moves forward. One principle is that there should be a park and a well programmed and design park within walking distance of every Miami resident. This will involve adding 60 acres that we've identified, and I think more land over time, but there are -- and certainly, providing everybody in Miami ways to enjoy and appreciate water and the nature of this place, but in addition to new land -- and in addition to new land, this is really about capturing the potential of every park, the activities that really serve the unique culture. Do kids play soccer or football or basketball or baseball, and -- who lives in these neighborhoods, and how can they use parks? How can we make these parks safe, comfortable, and connected to the neighborhoods with green streets and improvements that make people feel City ofMiami Page 60 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 safe and invited to walk to the parks they have, and the Mayor noted that Miami has made tremendous strides in increasing the -- what it spends on parks. Frankly, it has probably taken major steps towards a goal that is still higher of a budget of at least a hundred dollars per capita on its park system and we'll suggest ways to fund that. Access is really the key. If you look at the graphic in front of you, you'll notice a set of tan areas, you'll notice green squares, those are parks; white and yellow circles, those are ten- and twenty -minute walks to a park, and then you'll notice tan areas. There are two messages here. Not all those green squares are what they should be to serve the people who can walk to those parks. That's element one, and two, where you see those brown areas, it's particularly important to add parkland so that everybody in Miami can walk to a park. This means, in particular, acquiring land that is of unique value because of its access to water, the views it offers, the ability to provide people a chance to walk to a park. Before I talk in -- sort of in a finer grain nature about the really sorts of nuts and bolts of building this park system, there are certain headlines that really stand out, because Miami has some just spectacular, I mean, literally spectacular, opportunities to build on the system it has. First is a grand downtown park of parks. We sort of like to say in the office that Miami has the chance to create the greatest Central Park in America in the twenty-first century, because if you think about Bayfront Park, frankly, the Bayfront, I'll call, Shopping Center, for better or worse, the American Airlines Arena, Museum Park, the Performing Arts Center as one single park experience, augmented with fountains in which kids could play, spectacular fountains, maybe floating swimming pools, programmed activities, the kinds of concerts that could occur. This great park of parks, this great central park could be a place that everybody in Miami thinks about coming to on a weekend so that this very diverse community has a single place to come to and share experience at the same time, and a place that can even -- can add to the citywide symbols that the City has now as something in which everyone can identify with, can -- something that can touch everybody's life that is shared and central to Miami. Clearly, the -- we're -- right next to where we are now, the Expo Center can become a true -- and it's on its way to becoming, I think, one ofAmerica's really signature wonderful waterfront parks and greenways. In Flagami, the ability to -- by the Police Benevolent Association, and connect a series of open spaces, creates a place for another central park in much more of a neighborhood context, so with these sort of spectacular opportunities in mind, there is probably a still more important web of actions that extend across the City into every neighborhood, and these are about connecting a green infrastructure that connects people to parks and to -- neighborhoods to each other, about really achieving the potential that parks have to bring people together and enhance their sense of community, offering people, literally of all ages and people who face various kinds of disabilities, chances to play and play together, and a chance to really enjoy nature and appreciate nature, experience nature. There are four commitments here that are essential. One is stewardship, a sense of handing over to each generation a better park system more linked to the life of the City than each generation inherits. Service, fulfilling the fundamental needs for recreation aspirations of this very diverse community. New cult -- mention culture of partnerships where you reach out and get the help that is out there and you will clearly need, and a real commitment to design excellence, to parks that really enhance and are proud symbols and signatures for their neighborhoods. Now, I'm just sort of walk through how some of these opportunities and -- are -- or commitments and themes translate. First of all, connection. It is not -- as we certainly understood, you know all so well, you live in a complex urban world, in neighborhoods that present very different realities, so one of the real considerations is not only do you create a great park, but how do you connect people to it? The park/walk symbol you see at the bottom here is all about working with each neighborhood to develop safe routes to parks, to help neighborhoods, to enable neighborhoods to help the determine what kinds of investments, in terms of greening streets, et cetera, can create inviting walks to parks. How do you relate the connections to parks to retail in some of the things that you were talking about in the previous discussion to the life of each neighborhood? Wonderful opportunities to complete the river walk and bay walk. This is just a terrific resource for all of Miami. Opportunities to use programming to create temporary spaces; closing Bayshore Drive on Sundays for biking and skating in Coconut Grove, but there are opportunities across the City. Using parks to really celebrate the different cultures that, together, collectively, I should say, City ofMiami Page 61 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 make up Miami. One of the things we noted was not only the real pride that the Haitian community and the African American community take in signature places in their neighborhoods, but how much pride other people take in the fact that their city has these special places that really celebrate the best ofAmerica's diversity, and it's a -- it's something that parks can do for everyone. Parks need to be programmed and unprogrammed, and we need to remember that people of every age need to use parks. We tend to do our best job around kids often, and we shouldn't forget that, but Miami is a city of I'll use the word again, spectacular nature, very subtle nature, but nature that -- that everyone can enjoy to an extent that they -- goes beyond their ability today. The Mayor mentioned the fact that you are opening pools. I found it immensely ironic that I come here to enjoy water in the winter and a lot of kids in Miami can't, and I think this is a first and very important commitment, and then, clearly, there are, in many ways beyond that, to bring people -- water to people and people to water. One of the things that really struck us, there are many streets that simply end at the bay, for example. Some of them offer opportunities for simple benches, others for small parks, but these are wonderful ways -- places that people could gather late in the afternoon and enjoy the fact that this is a waterfront city, even if they live blocks from the waterfront. There are certainly -- now we move into really what needs to be done to achieve the opportunities that are out there. This -- Miami clearly would benefit from a whole new era of more active programming and really making sure that kids of every age have places to play and places that bring different kinds of people together at the same place to share activities. This is -- sketch here is of a possible park in Little Haiti. It frankly happens to be right next to a highway off- ramp, which means that this is a park that would be convenient to kids across Miami, and it's a way in which recreation can bring people together. Miami is a city that has an immensely dedicated park staff. It is impressive to talk to people, to talk to park managers and others, horticulturalists, et cetera, but they need -- you need more of them. They need more staff. There're more programs that they are willing and should operate. This gets us to -- and again, I'm speaking in headlines, and please ask questions -- to the need -- if one looks at national standards, to aspire, over coming years, to continue to raise the Parks budget to a goal of a hundred dollars per capita. You can read the list here and ask more about it, but there are a number of ways to get there. I should telegraph ahead and say that no city in America can support a park system without dedicated revenues there. As we heard this morning, there's just too much competition for dollars to come out of your regular budget, although that needs to be part of it. There clearly needs to be a commitment to not use parkland for other purposes, no matter how noble, whether it's schools or fire stations. Those need to -- land costs need to be recognized as part of those budgets; otherwise, your parkland will disappear. There are many opportunities we've noted for adding park resources, some of them simply involve increased collaboration with Miami -Dade Schools and other agencies that own land, some of them involve simply using the land you have in ways that really invite people to enjoy it, but at the same time, there is clearly the need to add land as you can and where you can, and in some cases, to be very Frank, this involves a new generation of agreements with developers to make land -- to create land of public value and public use parkland as they create land -- as they create private value. You have the chance, and I -- we mean this very seriously -- to create, in many ways, the greenest and most sustainable park system in America, and that's, in part, because you're going to create probably not the newest, but you will -- you are embarking on one of the most ambitious reinvestment in parks programs in America, and I want to just note that many of the -- of what -- things you can do are technical, the planting to use, et cetera, but one of the real opportunities is the ways in which you invest in people as well as places, because environmental education -- the park managers are ambassadors from the city to the community. They engage people in amazing ways, and to help them around environmental education is a way to educate the entire Miami community. Clearly, noted a number of times that friends groups are absolutely essential. Frankly, it's one way to channel increased private wealth into the civic realm, into the public welfare through parks, creating a citywide parks, friends group; certainly a reinvigorated, reconstituted Parks Advisory Board, a system that extends down to every community, and frankly, there are many spaces that have the ability to inspire friends groups, people who can help the City invest in and maintain and program parks that you have. Design District Park is just a wonderful example. There are many ways to fine-tune City ofMiami Page 62 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 management, to diversify funding. I think everyone -- you know better than I that capital investments without real commitments and dedicated funds to operations and maintenance are almost a cruel hoax, and so really understanding long-term funding. There are a whole series of ways to think about this, some very simple, just making sure that whatever the parks program -- the Parks and Recreation Department charges, it is able to capture back and use to fund programs and activities, and much of this begins with a new commitment, and I know Ernest is very interested in this and is well on its way to really understand the cost of the parks different operations and programs, and then to make sure that there are ways to make these programs available to people of many income, some of whom cannot afford the costs, others who can. We've mentioned that there is a need to increase the per capita funding. I think looking ahead, the funding opportunities have a lot to do. This is a city that was bankrupt a couple of decades ago. I mean, not that long ago. It is a city now of growing wealth. It's a city that's clearly committed to using this growing wealth for public benefit. It will be critical through bond issues, through impact fees, through funds raised from development in other forms of investment to really build a strong operating and maintenance budget, in addition to a budget for capital improvements. I would probably come again to stress here the need for -- to endow special parks and activities so that there is dedicated funding available in tough years, as well as good years. It is interesting -- Lourdes and I were -- did a quick survey of -- there are a number of publications that talk about most admired cities, best cities to live in. It's very interesting that many of them spend roughly ten percent of their budgets on parks. That's considerably higher than Miami has been able to, but they don't do this out of traditional resources. Certainly, they use a portion of property taxes and overall budgets, but they also create dedicated fees related to development and other forms of investment in the City. Design certainly makes a difference, and you have some terrific examples -- Margaret Pace Park and Juan Pablo Duarte -- of beautiful parks that, through their design, really encourage activity, and are much beloved by the neighborhoods around them, as I hope you know. There are things that you can clearly do early on and are doing. Opening the City's pools and the -- and creating the dollars necessary to do that are clearly important; organizing -- reconstituting, I should say, the invigorating Parks Advisory Board to really connect the community of support to this effort; going out and beginning the process of building a citywide parks partnership. Friends of the Parks would be another critical next step, and in the process, I think you're doing something that is just wonderful. You're really honoring the word "urban," the quality of life that cities can offer their residents. You're demonstrating that, as a city develops, it can become more natural at the same time, and you are connecting a wonderfully diverse community to each other and to the city that clearly many people love, so I look forward to your questions and comments, and thank you for your attention, and again, for this opportunity. Chairman Gonzalez: Thank you. Mr. Dixon: Thank you. Commissioner Sarnoff Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Sarnoff I'd like to congratulate David Dixon of Goody Clancy. He just won the 2007 -- Mr. Dixon: Oh, thank you. Commissioner Sarnoff -- Thomas Jefferson Award, which I believe is a prestigious award that recognizes his achievements in the public sector of the creation of parks, so I think, on behalf of everyone here, we should thank that -- the Mayor and the City Manager for really bringing out a great program that allowed us to hire Goody Clancy -- City ofMiami Page 63 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Mr. Dixon: Thank you. Commissioner Sarnoff -- and probably something that think everybody lauds, which is the outreach that they gave to the citizens and the input the citizens gave. I think you've created the example of how we should do things, and hopefully, all programs that we do -- anything especially touching green -- we can certainly live up to the example you provided to us, per citizen input, and hopefully, we can then do something to implement it. Let me just cite a couple of things I'd like to state for the record. I am concerned by the phrase "guiding tool" in the legislation. I'd like us to simply state that we will direct all efforts at implementing the excellent recommendations. Oftentimes, in the past, we've used the word `guiding tool" and that guiding tool became a loose-leaf binder, and that loose-leaf binder -- I think there are about eight of them sitting in District 2 that have never been implemented, so I'd like to not fall into that trapped door of the guiding tool, and I'd like us all just to simply say we will implement these recommendations in the best practices and manners that we can. The next thing I'd like to say or maybe ask is, we know that we have a Parks Advisory Board that has not met, and I know we're going to be sunshining it. I believe the CityAttorney's going to be bringing an ordinance to sunshine it, and I know that we had said let's get the new legislation on the board in the next 60 days. I'd really like to offer a challenge. I'd like to have that on the board, the new legislation -- this is the end of June. I'd like to do it some time in July so that we don't go into the summer without a Parks Advisory Board, or at least for us to know that we can nominate some folks to the Parks Advisory Board. I know Goody Clancy, on page 52 and 53, that's a strong recommendation that you make, and I don't think that this Commission should have to make its judgments and determination without the guidance of the citizen board that think we need. I think we all know that 91 percent of the residents of the -- Miami are in favor of parks. That's an astounding number. You couldn't get 91 percent of anyone to agree on anything, but we have 91 percent of the people ofMiami wanting us to acquire more parks, wanting us to fix our parks, and wanting us to improve our parks, so I think it's something that each one of us, whether we're rich, whether we're poor, or whether we're middle income, whether we aspire, or whether we're retiring, each one of us, to be a great city -- you know, if you've ever been to Madrid, Barcelona, they live in very, very small houses, very small. Matter of fact, I think most of us would say unacceptable by our standards, yet their park system is to be marveled at, and if you would see the Saturday and the Sunday that they all go out to the park and it becomes their social time, I think it's something that we can come back and say, wow, we have bigger places to live, but we also -- it's the place we can meet, and it's a place we can exchange ideas, and the cultures can mix, and that's something I think we just need to be better stewards of and we need to actually implement your ideas, because that is where we can become a great city and meet each other on a day in/day out basis. I'd like to see us take action on the master plan, and I'd like us to -- I know I spoke to the Mayor. As he put it, let's get the low -hanging fruit. Let's pull down the low -hanging fruit. I know -- you know, I feel for the Administration because, in a very short time, probably three weeks, we're going to learn that there's going to be a significant haircut wherein, sometimes the Mayor puts it, I want to make sure they don't cut off our head, but it merely is a haircut, a haircut to the City ofMiami's budget, and I'm not suggesting that we don't all deserve tax breaks; we do, but it is sometimes hard to go beyond in thinking about something until you learn exactly what your shortfall is going to be, butl think this is something that we should sort of sail directly into the wind, in the sailing metaphor, and regardless of what haircut we take, I think something that we owe our citizens -- again, rich or poor -- is a great park system, and I'd stress to my colleagues here on the board -- I congratulate the Mayor. I congratulate the City Manager -- that we implement the Goody Clancy plan as verbatim as we possibly can, and when it looks like times gets tough and it looks like there isn't sufficient funds, the one thing each one of us can leave behind is a garden patch, a better piece of land than when we found it, and that's what a park system speaks about. It speaks about a legacy. It's a legacy of giving back to the people exactly what they need, which is their quality of life, so I strongly urge each one of us that we do what it takes not to use this as a guiding tool, but to implement the Goody Clancy plan. Thank you. City ofMiami Page 64 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: Thank you. Vice Chairman Sanchez: Is that in the form of a motion? Commissioner Sarnoff That -- Chairman Gonzalez: Comiss -- Commissioner Sarnoff -- is in the form of a motion. Vice Chairman Sanchez: Second. Chairman Gonzalez: Wait, wait, wait, wait. Well, we have a motion, and we have a second. For discussion. We need to open the public hearing. We need to listen to the other Commissioners, too. Commissioner Regalado. Commissioner Regalado: Thank you very much, Mr. Chairman. I want to thank you for the work you done. I attended every one of the public hearings in District 4, and as you notice in the different district by district requests, the people never ask for much; more lights, more furniture, more playgrounds, and of course, more parks. Of course, we know that there is a move, as you know, in the state of Florida whereby local governments will be hit be a budget reduction regardless of what happened. It would happen, so my question is throughout the United States -- and I know in different cities -- I had the possibility of traveling, as a working journalist, and I have seen parks in El Retiro, in Madrid, and the parks in Paris and in Rome, Vienna. There is a component of sponsorships by multinational companies or local companies. I have not seen this in the report, butl think that if we are hungry for money, we should ask you whether or not this is a model that has worked in other cities in the United States. I know in Europe and in Latin America, but what is the guidelines and the possibilities and others -- the models of other cities that use private sponsorship to maintain and build and enhance parks? Mr. Dixon: Thank you. That is a terrific question, and I'm going to try and answer it very simply. It is very important. I would say the ability to draw support from the private sector is very much a function of two things. One is committed public leadership that makes it clear that that support is really valued by the community, and a plan and strategy that demonstrates that that support will be well used, and frankly, in the spirit of enlightened self-interest, that the results of those dollars will be visible. Those corporate -- and I just want you to always add the real estate development community. Those who are asked to and are willing to invest in the public realm will see and others will see the visible benefit of those investments, not just in capital acquisition, but in maintenance programs that are made visible -- whose benefits are made visible to people. Is this getting at your question? Commissioner Regalado: Yeah, so as an expert -- Mr. Dixon: Yes. Commissioner Regalado: -- you would suggest to have a pilot program to see if that resource is well managed, if that is something that -- Mr. Dixon: Yeah. Commissioner Regalado: -- will be accepted by the whole community? Mr. Dixon: Yes. I would also add to that, one of the great values of a really active friends group is that frankly, that's a group that you and the Mayor can think very strategically about in terms of its membership. It is a way to reach into the corporate and the real estate and other City ofMiami Page 65 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 communities to really help them understand, really learn about the park system and begin to feel a sense of personal ownership for the fate of the park, so I would say yes to the point you just suggested; a pilot program is a great idea, and secondly, literally inviting that community to join with the active advocates for parks and others and community leaders to, together, form an active friends group is a way to build an enduring sense of commitment and responsibility. Is that getting at your question? Commissioner Regalado: Yes, it does. Mr. Dixon: It's a terrific question. Thank you. Commissioner Regalado: Thank you very much, and thank you for the public hearings. They were -- you guys were really pleasant with the people, you know, and you listen to everyone. Mr. Chairman, I have a question for the City Attorney. Since we are talking about parks -- Mr. Fernandez: Yes. Commissioner Regalado: -- Mr. City Attorney, can you explain -- because I still don't understand -- what is the arrangement of the City ofMiami with the model of the park museum in Bicentennial Park? Are we giving the land? Are we having a lease? Have this been approve? Is that supposed to be in a public hearing? What is -- how does it --? Mr. Fernandez: What is being proposed is that the City will enter with the County in a long-term lease, and then the County will turn around and sublease to the entities, to the museums that will be in the park. That's my understanding of what's being contemplated. Mary Conway (Chief of Operations): That is correct. Commissioner Regalado: So -- but we haven't done that. Mr. Fernandez: No. Ms. Conway: We have had ongoing discussions with Michael Spring's department at the County, as well as with each of the individual museums. We have been working on a draft memorandum of understanding that addresses all of the various terms and conditions, and then our staff have also been working -- beginning to work on a long-term lease arrangement. Commissioner Regalado: But is this waterfront property the issue that would trigger a public referendum? Mr. Fernandez: Again, I -- because it is a governmental type offunction, I don't believe that it would trigger that type of a requirement in the Charter, butt would need to look at it further to be able to answer your question -- Commissioner Regalado: No. I mean -- Mr. Fernandez: -- correctly. Commissioner Regalado: -- because it's important that we know and that the public knows that we have not approve anything yet in terms of the land. Nothing had been approved. Mr. Fernandez: All of these agreements with the County, as well as with the museums, will have to come to City Commission for approval, as well as to the County. Commissioner Regalado: OK. The other question is about a park, and about a historic site. In City ofMiami Page 66 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 the last Commission meeting we discuss the old Miami High building, and the move from the site to become the park office in the East Little Havana area. We directed the Administration to find the $55, 000 needed from historical bond issue money needed to finish the move and avoid losing the State grants for Miami -Dade Heritage Trust. Do we have the money already, because I understand that we are about to lose the State grant if we do not -- if they do not act in terms of the money needed to move the old Miami High building, which, by the way, is going to become a park office, which, by the way, is part of this -- this is what we are seeking here, to implement, as soon as possible, the park master plan. Do we have the money? Ms. Conway: Commissioner, we have -- the Dade Heritage Trust, as well as Kathleen Kauffman and Meredith Nation, on behalf of the City, have been speaking with the State, and the State has verbally agreed to a one-year extension regarding their $350, 000 grant. City staff have also been meeting with Turnkey Construction, the apparent low -bid contractor, as well as the architect, as recently as several days ago to review the plans, the -- all of the terms, and we are now working on developing contract terms that'll be acceptable to the City's Risk Management Department to be able to proceed with the project, and we're also assessing whether all of the elements of work and associated funding have -- are addressed adequately, including costs for insurance that will be required, so as soon as we have completed those efforts, we have committed to working to identify the funding so that we can complete the work -- the restoration on this building, which is now a City -owned building in a City -owned park. Commissioner Regalado: Translation, please. Do we have the money now? Ms. Conway: We've committed -- we've made a commitment to identify the Commissioner Regalado: Huh? Ms. Conway: -- we've made a commitment to identify the funding to be able to complete the project. Commissioner Regalado: So -- Ms. Conway: It's not bond funding, though. Commissioner Regalado: -- it's not bond money? Ms. Conway: We stated that on the record at the last Commission meeting, that there was no historic preservation monies left in the Homeland Defense/Neighborhood Improvement Bond, but that we would identify alternate funding sources through the capital program that could be used to supplement the existing funding. We've also had conversations with the County regarding additional general obligation bond monies that are available so that we can make a subsequent application for additional funding on an as -needed basis either to complete this first phase of the project or the second phase, which will be required for the building to actually -- this first phase is to stabilize the existing building, and we'll need to go back and do a smaller second phase project so that the building can actually be occupied and used by Park staff. Commissioner Regalado: So we can be sure -- you can be sure that we can do this? Because the extension of one year sends a message that this is going to be held up for one year. Ms. Conway: No. We're anticipating, as soon as we can get the contract terms and conditions and the insurance issues addressed, that we should be able to have construction start within a reasonable time frame. I would think 30 to 60 days or less. Commissioner Sarnoff How much money was that again? It's 55,000? City ofMiami Page 67 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: Fifty-five thousand. Vice Chairman Sanchez: May I add? This was discussed at the last Commission meeting, seeking the funding. The issue is -- time certain issue, so we're doing it this way because that way, we have the ability to get it done quickly, so the issue's already been taken care of. I don't even know why it's being discussed here today. Commissioner Regalado: No. The issue has not been taken care of Vice Chairman. Vice Chairman Sanchez: Yes, it has. Commissioner Regalado: No, it hasn't. Vice Chairman Sanchez: All right. Commissioner Regalado: The State was about to take the money, and that I know for a fact. If we did not come up with the money to supplement, they would have lost the State grant. Now Mary says that they are talking to the State in order to extend for one year, so the issue was not solved in the last Commission meeting. Actually, the issue is not solved yet because the State has not granted the extension for the grant. Actually, we still could lose the State grant, and we still could lose the whole project, so the issue has not been resolved, not at all. Vice Chairman Sanchez: I've been told the issue -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- has been taken care of. Chairman Gonzalez: All right. Becky Matkov: May I say something? Chairman Gonzalez: Do you have --? Do you have -- Commissioner Regalado: Can we hear from --? Chairman Gonzalez: -- an answer? Yes, ma'am. Ms. Matkov: I'm Becky Matkov, executive director of Dade Heritage Trust, and I appreciate your bringing this up again. We had spoken with the State after your last vote to find the money. I saw Dave Ferro, and he sent an extension -- he's the State architect for the Bureau of Historic Preservation -- and I said the City, at your last meeting, assured us that the 55,000 to complete the budget as we had it would be forthcoming, and he sent us a fax on Tuesday and extending -- in consideration of that fact situation, extending the State grant for a year. I was told by staff last night that, in fact, there is not 55,000 available to put into this, so I really want to be clear that that is, in fact, going to happen. Chairman Gonzalez: All right. Let's fry to come to a conclusion. You have an extension. Ms. Matkov: Excuse me? Chairman Gonzalez: You have an extension? Ms. Matkov: We have an extension -- City ofMiami Page 68 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: OK. Great. Ms. Matkov: -- that was contingent on -- Chairman Gonzalez: You have an extension. Ms. Matkov: -- this -- Chairman Gonzalez: That's what I want to hear. You have an extension. In fact, you have an extension. Mr. Manager, I wasn't here at the last meeting, butt was -- even though I was sick at home, I was watching the Commission meeting to keep abreast of what was going on and what I will have to be facing at this meeting. There was a request from the Commission to find $55, 000 to solve this problem, and there was a commitment to find the $55, 000 to solve the problem. What happened with the commitment? Do we have a commitment that we have the $55, 000 or we don't have the $55, 000? We need to conclude things. I mean, you know, going -- talking and talking and talking. Let's move conclusive. Do we have the $55, 000? I hope that we do, because if we don't, we might as well shut off the light, close the door, and go home. Pedro G. Hernandez (City Manager): Mr. Chairman, we do, but I think the pressing issue is whether there was a deadline or not. Chairman Gonzalez: Great. I -- Mr. Hernandez: We do not have that deadline -- Chairman Gonzalez: -- you know -- Mr. Hernandez: -- right now, so -- Chairman Gonzalez: -- I -- Mr. Hernandez: -- we have more time to work with it. Chairman Gonzalez: -- just don't want to open another debate. Vice Chairman Sanchez: We have the money. Chairman Gonzalez: I just want conclusive answers. We have the $55, 000? Mr. Hernandez: Yes, we do. Chairman Gonzalez: We're going to be able to assist this lady and this organization on solving the problem, right? Mr. Hernandez: Yes. Vice Chairman Sanchez: Yes. Chairman Gonzalez: All right. That's enough. Are you satisfied, Commissioner Regalado? Commissioner Regalado: Yes. Chairman Gonzalez: All right. Great. Ms. Matkov: Thank you very much. City ofMiami Page 69 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: Commissioner Spence -Jones. Thank you, ma'am. Commissioner Spence -Jones. Commissioner Spence -Jones: Yes. Basically, I see that there's definitely support on the item. Chairman Gonzalez: Because otherwise there will be -- Commissioner Spence -Jones: I just had one quick question, and it doesn't really have that much to do with the plan, but it does somewhat tie into the plan. As you know, I think the three of us, Commissioner Gonzalez, Commissioner Sanchez, and I have three major parks coming on line, huge parks, as a matter of fact, Little Haiti, Grapeland Park, and of course, the expansion of Jose Marti. Just in the Little Haiti area, I can tell you, from my experience in what's going on now with the Little Haiti Park, I think we're well on our way with Mary's department and Ola in making sure that the park gets completed in a -- now in a timely fashion. It's moving rather quickly, but one of the concerns I have in discovering and frying to pull all this stuff together regarding the Little Haiti Park is there's not a lot of thought put into the operational budgets or things in order to run these parks. I mean, clearly, in Little Haiti, for instance, that is going to end up being almost maybe a little bit more than a $30 million investment, and now that we're on the right frack with at least getting the building completed, I asked a question with Miami -Dade County -- happen to have a meeting with Cultural Affairs on it -- was what is the steps to actually run the park? I mean, is there a budget put in place? Is there a plan put in place to operate this facility? Because clearly, it's not going to just be a park anymore. It's going to, you know --just green space. There's going to be buildings. There're going to be other things in order to operate this park, so the question becomes -- I heard the other day, Mary, you know, that now we're up -- ahead of schedule, correct? Ms. Conway: Yes. Commissioner Spence -Jones: In the beginning, we were going to be finished now in the early part of '08; now we may be finished in the ending part of '07, so I -- my only concern would be, you know, with all these things that we have -- and Grapeland, too, because that's going to be a awesome park -- what type of plan is actually being implemented as a part of this overall plan to address, you know, putting together an operational plan before the parks actually get built? Ms. Conway: Mary Conway, chief of Operations. You are correct that Pirtle Construction has advised us that they expect the cultural center to be completed by the end of 2007 or the beginning of 2008, which is several months ahead of schedule. As we work annually in the development of the capital plan, a portion of that that we present to you is the associated operational budget impacts that will have to be addressed through the annual operating budgets, so the Parks Department, the Parks Director and his staff have already been working on conceptual operating budgets for all of the new facilities in the various parks. In addition, considering the specific nature of the cultural component of the Little Haiti Park that is not necessarily a traditional park operation, through the City Manager's office, we have reached out to Michael Spring, and we're in the process of setting up a detailed follow-up meeting so that we can -- and you're exactly correct that it is very timely, because the construction has been advanced, so we expect, within the next several weeks, to sit down and to immediately kick into high gear the development of the operational plan, and then the budget. We're about to begin our internal operating budget cycle process for the upcoming fiscal year, and all of that will be incorporated into that. Commissioner Spence -Jones: And I just want to say, in closing -- and the reason -- and again, the only -- I'm glad that you guys are doing that now, but I'm sure that's happening off of the heels of the meeting that Ola -- we had with Michael Spring's office, which basically, they said they submitted back in January to the City Manager and to our offices regarding the fact that City ofMiami Page 70 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 they were very concerned that there was no operational plan put in place just from the standpoint of really even being able to have the dollars to even operate the facility properly, so I'm glad that that's going to be happening. We have set up, so that you know, a City/County joint task force to make sure that we pull together the park -- and Ola's heading that up -- to make sure that we don't get caught, you know, with, you know, having a facility and not being able to run it, and especially if we plan on now opening -- or not opening; being ready to go by the end of this year, so it's things that like that -- I just want to make sure that we -- within this plan and other plans, that we decide to create that it's not about just building the parks, you know. It's not about just maintaining the parks. It's about making sure that we put together a strong operational plan to make sure that they can sustain themselves. Ms. Conway: We understand that. Vice Chairman Sanchez: All right. Commissioner Spence -Jones: That's my only comment. Chairman Gonzalez: All right. Vice Chairman Sanchez: Call the question. Chairman Gonzalez: No. Vice Chairman Sanchez: No. Chairman Gonzalez: We -- no, no, no. Calling the question. Anyone from the public that wants to speak on this item, please come forward to be recognized. Yes, sir. Your -- Robert Flanders: Good afternoon, Mr. Mayor -- Chairman Gonzalez: I guess you -- Mr. Flanders: -- Mr. Chairman. Chairman Gonzalez: -- know the rules. Two minutes. Mr. Flanders: Yes, sir. My name is Bob Flanders, and since 1981, I've resided at 720 Palm Bay Lane, Miami, Florida. Actually, I've lived in the City since 1968. Before I actually address the issue at hand, let me address Commissioner Spence -Jones. We, on the Bond Oversight Board, have had a complete and satisfactory presentation from CFO (Chief Financial Officer) Larry Spring. That, in fact, something that the Bond Oversight Board, since its inception, over five years ago, has pushed for and that was a line item in the City's budget, following the insertion of a bond oversight board project. As you know, 43 percent of our projects are parks, and we were deeply concerned with the past performance of the City. That was, we build it, and then we don't maintain it, and I'm very happy to say -- and I can speak on behalf of my fellow board members - - that we were delighted with the turnaround and the City's thinking on that particular subject. All right. To address the issue at hand, first of all, I would like to congratulate David Dixon on receiving the Jefferson award. That's quite an achievement. Currently, as you know, I serve as chair of the Bond Oversight Board, and I've served in several other capacities in the past eight years, including seven as a member of the Parks Advisory Board. I'm also a cofounder and an officer of the Upper Eastside Miami Council, and I'm now on the executive board of the Urban Environment League and the American Legion in the Upper Eastside. This is a very special time in Miami's history that literally comes only once in a hundred and ten years. This legislative body is now standing on a crossroads, one that will separate Miami's bright future from the sins of omission of the past by embracing, adopting, and implementing the idea and ideals ofMiami's City ofMiami Page 71 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 first ever parks master plan. This Commission creates a transition that will matter to everyone in every age group, in every neighborhood, and every community. As a member ofMiami Parks Advisory Board, I debated and voted for the resolution that requested that the Commission support a master plan which would be created with high public input so that Miami could give its citizens what they want, and Gooding [sic] Clancy's innovative parks master plan offers you the opportunity to create this new reality and a new perspective about our city and how we live and our opportunities to enjoy a higher quality of life and improve our world. Every city, as Commissioner Regalado pointed out, is measured by the quality of its parks, and this plan provides for both quality and the creation of healthy recreational opportunities. While some may demand perfection, that degree of perfection can only be achieved in heaven, not here on earth, and as Shakespeare said, speaking of Shakespeare in the Park, it isn't the length of time on the stage; it's our performance, so you are presiding over the most remarkable turnaround ever achieved in a large city. This master plan for Miami's parks furthers that goal. It is a living, breathing plan that will be a work in progress that can be tweaked as changes are required by the community. It is a paint by numbers that can be filled in incrementally as the City can afford it. We want to thank Mayor Diaz and you for your vision, your leadership, and your -- and the progress that we're experiencing, and thank you to your staffs, City staff the Parks Department and Parks director, Ernest Burkeen. Thank you. Chairman Gonzalez: Thank you. Yes, sir. Good morning. Louis Bourdeau: Good morning. My name is Louis Bourdeau, 685 Northeast 64th Street. I'm here to speak on another item a little later, but I figure I'd take this opportunity. I'm a nine-year resident, 200 feet from Legion Park, and my mother and I use it practically everyday, so I really appreciate the Mayor's initiative to work on a master park's plan; I agree with Commissioner Sarnoffs motion to, you know, implement what was -- we had a great workshop; a lot of good ideas. I attended Commissioner Spence -Jones workshop for Little Haiti Park, so I really appreciate all the effort that are made to improve the parks, and I do agree with Commissioner Spence -Jones that the operational budget -- I work with the folks at Legion Park; great staff and the more that can go into the operation, the better. Thank you. Chairman Gonzalez: Thank you, sir. Anyone else? Gepsie Metellus: Good morning. Gepsie Metellus, 5000 Biscayne Boulevard, with the Haitian Neighborhood Center. I want to -- there's so much to be said, but I'm going to, in the interest of time, fry to contain my appreciation for this plan. I want to first congratulate you all, and of course, commend the Mayor for this wonderful vision of whatMiami's parks look like. I think that this is your wonderful legacy. It's your legacy, and I think that you ought to make sure that - - you've heard it before -- in addition to the capital resources, the operational resources also be put in place, we ought to promote our parks in the City such that we help to promote and create a culture of recreation by the residents of the City, and I think that we're poised to do that. I think that the wonderful promise of after -school programming, summer programming in these parks will be a wonderful, wonderful opportunity, and I especially look forward to, Commissioner Spence -Jones, what's going to happen at the Little Haiti Park, and so I commend you for this wonderful vision, Mr. Mayor, and I hope that this will be the greatest -- one of the greatest things that happens to the City ofMiami, and I totally support your -- Chairman Gonzalez: Thank you very much. Ms. Metellus: Thank you. Chairman Gonzalez: Anyone else? Nina West: Good morning. My name is Nina West, 3690 Avocado Avenue, Coconut Grove. I'm here on behalf ofMiami Neighborhoods United Parks in Public Space Committee. First of all, I City ofMiami Page 72 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 want to thank the Mayor for doing this, and I want to thank whoever wrote the RFQ (Request for Qualifications) that brought us Goody Clancy because we couldn't have asked for a better public process. We really appreciate the public process, and we are asking the Mayor at this time to provide us with the same for Virginia Key, because this is truly the people's parks, and the City, even though its budgets are going to be cut, we always have enough policemen. We had enough when we were broke. We always have enough firemen. We had enough when we were broke, and we'd like to have our parks, so we suggest for small parks, we have a small park impact fee. I'm suggesting the Mayor, who travels a lot, go visit with Mayor Daley in Chicago for Commission Regalado's information. They have the best public private partnerships, and Minneapolis has a wonderful system also, so I think that to visit Mayor Daley would explain to the Mayor how successful he could be with the public -private partnerships because Mayor Daley is the U.S. (United States) champion mayor of parks, and then I want to thank Commissioner Sarnoff very much for championing the parks process right along for the people, and Goody Clancy has done a lot for us, and our Commissioner has done a lot, too, by urging us to adopt and implement this. We understand that a master plan is a master plan, but it's more than aspirational, and -- sorry. Want to thank all of our Commissioners. I want to thank the Mayor, and I want to find the money, and I think that the money can be found, and we also should be looking for the impact fees that were not collected for parks last year and the year before when we had the big permit boom right after the impact fee was enacted, and we can add to our impact fees for small parks specifically, so thank you all -- Chairman Gonzalez: Thank you. Ms. West: -- and we appreciate it. Chairman Gonzalez: Thank you. Anyone else from the public? All right. Seeing none, I'm closing the public hearing. I'm going to be the last one to speak. I believe the plan is -- it's a beautiful plan. I believe it's something that we all need to support. The job of the consultant has been great; the leadership of the Mayor, but let me tell you, building parks takes more than a consultant company, public hearings, and a poster. It takes a lot of work from the Administration. It takes a commitment from the department that supervise and implement projects, and I'm telling you this by experience. I've been trying to build two small parks, a linear park on 20th Street. It doesn't have a problem offunding because I was sure to secure funding back then two years ago. Maybe now the cost is double, but I've been asking about this linear park every other month, and every time I ask, I get a different version: Tomorrow, next week, Friday, Halloween, Christmas, Valentine's Day, you know, whatever. I got a hundred thousand dollars, as each one of us got from Commiss -- from Vice Chair Sanchez from the Bayfront Park Trust. I dedicated those hundred thousand dollars for a pocket park in Allapattah. It's not a big project. It's not a water theme park. It's not a project -- you know, it's not Coney Island. It's just a pocket park. All it's going to have is two shelters, a vita course for people to exercise, and a playground. Believe it or not, the money was secure, the order was given; it's been three years, and you know what? Maybe I will retire, and then I will never see the park because every time I ask about it, you know, I get different versions and I get -- and you know what? What's sad about it is that at the time that I requested the park to be built, it only cost a hundred thousand dollars. They didn't build it, and they procrastinated on it, as long as they did, like, you know, something that they like to do -- you know what the biggest problem is here -- it's not only on park, but on everything else -- every time you call the Administration, they tell you what you want to hear, and yes, sir, yes, sir, yeah, yeah, yeah, yeah, yeah, and then, you know, two weeks later, they forgot about it, and you have so many other things that you also forget about asking again, and you know, but the bottom line is that when I check a year and a half later or two years later on this pocket park that was going to cost a hundred thousand dollars, that it was a grant that we received from the Bayfront Park Trust, they told me it was going to cost $200, 000, so by now maybe that park will cost half a million dollars, you know. I don't know, but that is, you know, the problem that we have, not only about -- Vice Chairman Sanchez: Wait till next year. City ofMiami Page 73 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: -- getting the land or getting the money -- Vice Chairman Sanchez: Wait till -- Chairman Gonzalez: -- but making sure that the Administration follow our legislation and our directive and build the project. On the Grapeland baseball fields, I should have had the ribbon -cutting ceremony in that park two months ago, but we do such a great job on supervising the projects that we do that thanks God that I decided to go to the park myself walk the park, and I found out that what was in the drawings -- they didn't follow what was in the drawings -- two items were missing; there was a mistake on the fence, there were three or four or five mistakes on the project, so I had to call the attention of the CIP (Capital Improvement Program) Department, the Manager, and everyone else, and requested that those items be corrected before I had a ribbon -cutting ceremony, and I had people attending the ceremony and telling me, you know, hey, you know, you're my Commissioner and you didn't see this? You know, I mean, so -- and I'm still waiting. Mr. Manager, I'm still waiting for that park to be completed. Maybe one day, you know. I mean, no rush, you know. If you tell me that by the year 2012, I put it in my calendar, and I'm still alive, I may show up at the ceremony, you know -- Mr. Hernandez: Commissioner, we're about 30 days away, I would tell you that part. Chairman Gonzalez: -- but let me tell you, those are the problems that we have. You -- I hear you all concern about finding the money, all concerned about finding the land. No, no, no. Vice Chairman Sanchez: Thirty days away. Chairman Gonzalez: Having the land, having the money, might not be a problem. Well, might be a problem having the people build the park, OK, and I don't know when that is going to change, and with that, I'm going to close and --I said that I'm also supporting this. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All -- yes, ma'am. Pamela E. Burns (Assistant City Clerk): For clarity for our records, is that resolution modified? Mr. Fernandez: Yes. Vice Chairman Sanchez: No. There's no modification. Commissioner Regalado: Yes. Vice Chairman Sanchez: Is there? Commissioner Sarnoff Yeah. It was a modified resolution -- Chairman Gonzalez: Yeah. It was -- Commissioner Sarnoff -- where I asked -- Chairman Gonzalez: -- modified. Commissioner Sarnoff -- you actually suggested it. City ofMiami Page 74 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: As modified. Commissioner Regalado: But, Mr. Chairman, ifI may. In a separate motion, I would like to request that the Administration starts considering the pilot program for the private government partnership with one or two parks or one park in each of the five districts to understand if it really works and to discuss that through the Parks Advisory Board. Chairman Gonzalez: OK. Let's vote on this resolution first, and then we'll take your second motion. Commissioner Sarnoff I'll give you the modification. Vice Chairman Sanchez: Yeah, just put the modification on the record. Commissioner Sarnoff The modification was -- Vice Chairman Sanchez: I stepped out. Commissioner Sarnoff -- instead of guiding tool, we simply state we will implement -- Vice Chairman Sanchez: OK, I got it. Commissioner Regalado: And -- Chairman Gonzalez: All right. Commissioner Regalado: -- the Planning Advisory Board request -- it's very simple -- that the Parks Director will would report to the Parks Advisory Board on a biannual basis on how this plan is being implemented. It's very simple. Chairman Gonzalez: All right. Commissioner Sarnoff With that amendment. Vice Chairman Sanchez: I accept the amendment -- Chairman Gonzalez: We have a -- Vice Chairman Sanchez: -- as (UNINTELLIGIBLE). Chairman Gonzalez: -- motion, and we have a second, as modified. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Commissioner Regalado, you want to introduce your motion? Commissioner Regalado: A motion to direct the Administration to start working, in the next 60 to 90 days, to bring to the City Commission and to the created -- new created Parks Advisory Board a pilot program for each district where private government partnership will be used to fund maintenance and enhancement of a existing park, and -- Chairman Gonzalez: All right. We have -- Commissioner Regalado: -- that will be the motion. City ofMiami Page 75 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: -- a motion. Is there a -- Vice Chairman Sanchez: Second. Chairman Gonzalez: -- second? 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.3 06-00829Iu 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 399 NORTHEAST 82ND TERRACE, MIAMI, FLORIDA, FROM "SINGLE FAMILY 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. 06-008291u - PAB Fact Sheet.pdf 06-008291u - Analysis.pdf 06-008291u - Concurrency Report.pdf 06-008291u - Comp Plan Map.pdf 06-008291u - Zoning Map.pdf 06-008291u - Aerial Photo.pdf 06-008291u - PAB Legislation.pdf 06-008291u - PAB Application Documents.pdf 06-008291u PAB Reso.PDF 06-008291u CC School Impact Review Analysis.pdf 06-008291u CC Application & Supporting Docs.pdf 06-008291u CC Legislation (Version 2).pdf 06-008291u & 06-00829zc Exhibit A.pdf 06-008291u CC FR Fact Sheet 01-25-07.pdf 06-008291u CC FR Fact Sheet 02-22-07.pdf 06-008291u CC FR Fact Sheet 03-22-07.pdf 06-008291u CC SR Fact Sheet 04-26-07.pdf 06-008291u submittal e-mail.pdf 06-008291u CC SR Fact Sheet 05-24-07.pdf LOCATION: Approximately 399 NE 82nd Terrace [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Katia Traikos, Owner FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on June 21, 2006 by a vote of 7-0. See companion File ID 06-00829zc. City ofMiami Page 76 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 PURPOSE: This will change the above property to Medium -Density Multifamily Residential. Motion by Commissioner Spence -Jones, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Noes: 1 - Commissioner Sarnoff 12920 Chairman Gonzalez: OK. PZ.3 and PZ.4 are companion items. I believe it was agreed that whenever these items came back, it was -- they were just going to come back for a vote -- Vice Chairman Sanchez: For a vote. Chairman Gonzalez: -- so is there a motion on the item? Commissioner Spence -Jones, I believe this is your item. Commissioner Spence -Jones: Yes, yes. Thank you. Chairman Gonzalez: Is there a motion on the item? Commissioner Spence -Jones: On this particular item? Chairman Gonzalez: Yes, ma'am, PZ.3 and PZ.4. Commissioner Spence -Jones: Yes, there's definitely a motion on it. I just want to put something on the record, if you don't mind. Chairman Gonzalez: Yes, ma'am. Commissioner Spence -Jones: OK. Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: I don't know-- are the individuals here? Oh, they're here, OK. Are the residents from the area there? OK, OK All right. Let me just say this. This is a project that started out as R-4 and then dropped to R-3, and then from the last meeting that we had, I suggested to have it drop down to R-2, which means being able to do town houses in the area. The developer agreed to provide also a free survey and tree de -- locational [sic] kind of plan. They also said that they would like to see that there was more affordable housing and workforce units to be added, as well as sidewalks, green space, park, and a river walk, giving more access to the waterways. Now, I'm hoping that you guys were able to work it out, but I'm already ready to render my decision on this issue, but in any instance, the developer has agreed to many of those things. I do agree with the residents in the area; the buildings in the beginning were entirely too tall for a residential community, but my concern, from day one, is having that empty, vacant lot there in that particular community. To me, I think it lends itself to -- lends itself more to crime and drugs in the area, so at this time, if there is an acceptance, Tucker and Vicky on this item, my motion is to approve this item based upon it being R-2, meaning -- and I -- that's going to be my recommendation. That's what would prefer to see happen on that land, and I have really thought about this issue over and over again, and I visited the lots again regarding the issue, so my recommendation is that -- my mo -- I move to approve this based upon it being an R-2 -- Chairman Gonzalez: All right. Let me hear from -- City ofMiami Page 77 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Vicky Garcia -Toledo: Hay I? Chairman Gonzalez: -- the attorneys. Yes, ma'am. Ms. Garcia -Toledo: For the record, Vicky Garcia -Toledo, from Bilzin Sumberg, with offices at 2500 Wachovia Center. My client would accept the R-2, and would support the Commissioner in the project. The only thing I want to make clear on the record is that all of the benefits were for a project specific at R-3. We have not designed a project based on R-2, and so the approval -- we can commit to certainly do the free survey and the tree mitigation, but that's all that we would be able to do at this time because we cannot -- we don't know what the R-2 project would look like. Chairman Gonzalez: Very well. Tucker. Tucker Gibbs: My client's position has been strong and firm that this is an R-1 piece of property; they'd like it to remain R-1. Their issue in talking about -- and their issue has always been that you're bringing more intense development closer to the R-1 neighborhood. Now it's going to be right up against it with access right on 4th. They're concerned about that. They're concerned about 4th being used as access, whether it was R-2, R-4, or whatever. Commissioner Spence -Jones: But, Tucker, I have been -- Mr. Gibbs: I understand. Commissioner Spence -Jones: -- back and forth to this property, and now I agree with having five stories, having seven stories, having -- that's entirely too much, but if you've visited the property yourself -- Mr. Gibbs: I have. I have -- Commissioner Spence -Jones: -- OK. Mr. Gibbs: -- many times. Commissioner Spence -Jones: Many times -- Mr. Gibbs: Yep. Commissioner Spence -Jones: -- so you know that that -- first of all, in that space itself right off 79th Street, it is now becoming an area where people go back there and do their business. Mr. Gibbs: We understand that -- Commissioner Spence -Jones: OK, so -- Mr. Gibbs: -- and -- Commissioner Spence -Jones: -- my concern is we need to have something happening on that space. Something needs to happen there, and I -- to me, having town houses there on that lot, to me, enhances the area. It doesn't take away from it. Mr. Gibbs: Our position has been -- and I only can state what our position is -- your staff has said and your professional staff has said -- has recommended denial on the zoning issue and on the Comprehensive Plan, and then -- City ofMiami Page 78 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Commissioner Spence -Jones: And -- Mr. Gibbs: -- because R-2 is not -- R-2, R-3 is not appropriate. The application was for R-3. Our position is -- Ms. Garcia -Toledo: And if -- Mr. Gibbs: -- and we agree that something needs to go there, whether it's R-1, a park, or something, but something that is in keeping with that neighborhood. It's our -- and I'm just repeating -- Ms. Garcia -Toledo: Through the Chair -- Mr. Gibbs: -- what my cli -- Ms. Garcia -Toledo: -- ifI may? Chairman Gonzalez: All right. We -- Commissioner Spence -Jones: I'm not -- Ms. Garcia -Toledo: I -- Commissioner Spence -Jones: -- Mr. Chairman. Chairman Gonzalez: All right. Ms. Garcia -Toledo: -- don't think we're testifying again, but I think that -- Chairman Gonzalez: All right. We're not testifying again because we said it at the last meeting, we said that we -- Mr. Gibbs: I just want to put it on the record. That's all. Chairman Gonzalez: -- had taken enough testimony. Commissioner Spence -Jones: No problem. Chairman Gonzalez: I think you -- Mr. Gibbs: I understand. Chairman Gonzalez: -- establish your position, and Tucker, you already -- Commissioner Spence -Jones: Yeah. Mr. Gibbs: I understand. Chairman Gonzalez: -- reaffirm your position and -- Mr. Gibbs: From -- Chairman Gonzalez: -- opposition to the -- City ofMiami Page 79 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Mr. Gibbs: That's correct. Chairman Gonzalez: -- item. Vice Chairman Sanchez: Would you --? Chairman Gonzalez: I hope that you're pleased with the meeting. Mr. Gibbs: In terms of being -- our opportunity to make our presentation at the last meeting and incorporating it today, absolutely. We just have a disagreement and we've put -- Chairman Gonzalez: But you're pleased with the -- with you being able to establish in the record and the (UNINTELLIGIBLE). Mr. Gibbs: I've put my position on the record, yes, yes. Chairman Gonzalez: OK. Commissioner Spence -Jones: Mr. -- Chairman Gonzalez: All right. Commissioner -- Commissioner Spence -Jones: -- no problem. Chairman Gonzalez: -- Spence -Jones, you made a motion. Commissioner Spence -Jones: Mr. Chairman, yes, I'm going to make the motion, but Hs. Vicky -Toledo happen to add some additional things on there that I now have some concerns with, and that is -- so the developer does not agree now to do an area or provide an area -- a green space area -- and I do understand probably the reasons why for some of this stuff but clearly, something has to happen for the neighbors. Ms. Garcia -Toledo: We do not know what the R-2 is going to do. We would presume that to -- Commissioner Spence -Jones: But -- Ms. Garcia -Toledo: -- do the R-2 -- to use the R-2 zoning will require more use of footprint of the area, so how much we can do -- Commissioner Spence -Jones: -- but -- Ms. Garcia -Toledo: -- it's questionable -- Commissioner Spence -Jones: -- Ms. Toledo [sic]. Ms. Garcia -Toledo: -- at this time. Commissioner Spence -Jones: This has been, what, four weeks now or two weeks? Was it --? When was the last time you guys stood in front of us? The last -- Mr. Gibbs: A month -- Commissioner Spence -Jones: -- Planning and Zoning -- Mr. Gibbs: -- ago. City ofMiami Page 80 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Commissioner Spence -Jones: -- meeting -- Ms. Garcia -Toledo: A month ago. Commissioner Spence -Jones: -- and I was very clear in closing out on that last -- on -- in the discussion that for me -- I mean, I saw it being -- I could -- I would be more open to an R-2, doing town houses in the area. I was very clear about that, so you had four weeks to come back to say or at least have a sense of something that -- Ms. Garcia -Toledo: We've -- Commissioner Spence -Jones: -- could be provided for the residents. Ms. Garcia -Toledo: -- had two meetings with Tucker; one meeting and one conference call. Commissioner Spence -Jones: Yeah, butt mean, clearly, you're like not giving the residents anything, so I mean, if the residents aren't going to get anything from it, then my position is definitely very different. Ms. Garcia -Toledo: I'm hearing from the -- from my client, the owner of the property, that the only thing that will be able to be maintained is the scenic overview to the Little River Canal. The 10,000 square foot open space would not be part of an R-2 development. Mr. Gibbs: And there still will be access from 4th, I assume. That's (UNINTELLIGIBLE). Chairman Gonzalez: All right. It's time to fish -- Commissioner Sarnoff Or cut bait. Chairman Gonzalez: -- or cut bait. Ms. Garcia -Toledo: We couldn't consider R-2 because they never agreed to R-2. Commissioner Spence -Jones: OK, but I was very -- andMr. Chairman, just indulge me for two seconds, and I know -- Chairman Gonzalez: No. Go ahead, go ahead. Commissioner Spence -Jones: -- we have to go on our break, but again, I mean, both of you guys were in this meeting. I was very clear in my closing statement -- Mr. Gibbs: I heard you. Commissioner Spence -Jones: -- that I could --I cannot see it R-3, R-4, or any of that. I could possibly see an R-2. You had four weeks to kind of somewhat get together and figure out what you were going to do, so to have it come in front of me now and, you know -- and I'm supporting it on a R-2 level, but I'm only supporting it because the neighbors are going to receive some benefits of it coming there. That, you know -- Ms. Garcia -Toledo: Well, we can do the look -out, and we certainly can do the traffic proposal that we presented, if the neighbors are accepted, because we cannot do anything unilaterally, so we can do those two things, but we will -- Commissioner Spence -Jones: So are you -- City ofMiami Page 81 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Ms. Garcia -Toledo: -- need the (UNINTELLIGIBLE). Commissioner Spence -Jones: -- proffering -- what are you proffering to now give to the residents? That's what really need to know. Ms. Garcia -Toledo: We are -- we will do the look -out -- Commissioner Spence -Jones: And when you say look -out, this is providing them with some access -- because right now there's no real access for them on the river, and that was -- Ms. Garcia -Toledo: Right. That -- Commissioner Spence -Jones: -- one of the reasons why -- Ms. Garcia -Toledo: -- I believe that it is a 15-foot walkway from the public right-of-way to the edge of the water, with a look -out -type gazebo at the edge of the water that would be open to the neighbors. We are willing to do the workforce housing, the four units workforce housing, and we would be willing to do the traffic program that we suggested to the neighbors, which we call the Traffic Mitigation Program -- Commissioner Spence -Jones: OK. Ms. Garcia -Toledo: -- and of course, there will be sidewalks on 4th -- created on 4th -- Commissioner Spence -Jones: So -- Ms. Garcia -Toledo: --Avenue, which are not there now. Commissioner Spence -Jones: -- you are going to provide the sidewalks that are not -- Ms. Garcia -Toledo: Yes. Commissioner Spence -Jones: -- there now? Ms. Garcia -Toledo: Absolutely. That's still part of it -- Commissioner Spence -Jones: OK. Ms. Garcia -Toledo: -- and the tree mitigation, so the only thing that's off the table really is the 10,000 square feet of open space. Commissioner Spence -Jones: OK, so with that being in mind, and me -- Tucker feeling like there's something that's come out for the neighbors, which is really important to me, I'm going to basically move this with one -- with an additional -- can I add a condition on this? Ms. Garcia -Toledo: This is a land use and zoning change; you cannot condition it -- Commissioner Spence -Jones: OK. Ms. Garcia -Toledo: -- but can proffer -- Commissioner Spence -Jones: Can -- OK. Whatl would like to see happen with Tucker -- with the group over there in the neighborhood that there's some sort of at least, meeting of the minds between the developer and the residents in the area to assist or at least provide their input on the City ofMiami Page 82 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 design or the creation of the space on the waterway so that, at least, they're -- Ms. Garcia -Toledo: OK. Commissioner Spence -Jones: -- able to have some sort of input on some of the things that they think would be great to have in that space. Ms. Garcia -Toledo: Absolutely. Commissioner Spence -Jones: I would definitely want to make sure that there's some sort of ongoing communication with the group. Ms. Garcia -Toledo: You can count on that. Commissioner Spence -Jones: OK. I guess being -- Ms. Garcia -Toledo: And we would voluntarily proffer to -- Commissioner Spence -Jones: -- can you prof -- Ms. Garcia -Toledo: -- continue communication with the neighborhood and -- Commissioner Spence -Jones: -- and to include their input -- Ms. Garcia -Toledo: -- keep them involved in the process -- Commissioner Spence -Jones: -- in the design of the water -- Ms. Garcia -Toledo: -- -- and specifically as to the design of the waterway. We will design the look -out point, and we will submit it to them for their approval. Commissioner Spence -Jones: Wonderful -- Vice Chairman Sanchez: All right. Commissioner Spence -Jones: -- so with that, I'd like to move the item. Chairman Gonzalez: All right. We have a -- Vice Chairman Sanchez: I would -- Chairman Gonzalez: -- motion. Vice Chairman Sanchez: -- second it, but for the point of clarification, could you put all the conditions or would you proffer them and put them in the record so we do have them in the record? Ms. Garcia -Toledo: Yes. There will be -- Maria J. Chiaro (Assistant City Attorney): Ms. Toledo, they go -- your proffers will be applied to the zoning ordinance, not to the land use change, and just to the City Commission, the land use change, as submitted, will remain the same, in that that's what the submission -- Vice Chairman Sanchez: Yeah. City ofMiami Page 83 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Ms. Chiaro: -- was. Mr. Gibbs: That's right. Vice Chairman Sanchez: Yeah. Ms. Chiaro: The proffer come with the change of zoning to R-2, so ifyou move the first item, the land use change, you can approve that and then accept the proffer after -- Vice Chairman Sanchez: OK, so -- Ms. Chiaro: -- it is approved. Chairman Gonzalez: All right. We have a motion, and we have a second. Read the ordinance, please. The Ordinance was read by title into the public record by the Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Mr. Gibbs: Excuse me. Point of clarification. If this is being changed to R-2, that land use change is a land use change that allows for R-3. The duple -- you can -- for a land use change -- Ms. Chiaro: Mr. Chairman, let -- Mr. Gibbs: -- I just want -- Ms. Chiaro: -- me explain to you. You can change the land use designation for a higher use -- Mr. Gibbs: That's not what the -- Ms. Chiaro: -- but the change of zoning -- Mr. Gibbs: No. Ms. Chiaro: -- can be less than the land use designation. If -- Mr. Gibbs: Oh, excuse me. I'm sorry. I thought you were finished. Ms. Chiaro: The Code allows you to change the zoning from less than that which was submitted, but there is no provision to change the land use designation to less than that which was submitted, although you can put the R-2 zoning in this district. Mr. Gibbs: Mr. Chairman, could I just ask a question? I understand that, but what you're doing is your're giving a land use category that's more than necessary. Ms. Chiaro: No, you're not. Mr. Gibbs: What -- all you need to do is change the land use to the duplex -- Commissioner Sarnoff Right. Mr. Gibbs: -- because that's what this is, but by changing the land use, you're going to allow this person to come back in three years or two years and ask for the R-3 -- City ofMiami Page 84 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Hs. Chiaro: No, you're not. Hs. Garcia -Toledo: Oh, no, no, no. Hr. Gibbs: -- and I -- that's a real concern to my clients. Commissioner Spence -Jones: And I agree with that. Hr. Gibbs: Thank you. I mean, she can still bring -- you can still, I think -- can you not ask -- make a motion for an R (Residential) -- for a duplex land use because it's less intense than the medium density? Hs. Garcia -Toledo: Yes, we can. Hr. Gibbs: Oh, OK, then great. Commissioner Spence -Jones: Right. I just want to make sure. Thank you for bringing that point up, Tucker. Chairman Gonzalez: Are we all -- Vice Chairman Sanchez: Well -- Chairman Gonzalez: -- in the same --? Hs. Garcia -Toledo: You would be voting for a land use category -- instead of the medium density multifamily, you'd be voting for a land use category of duplex. Commissioner Spence -Jones: Duplex -- Commissioner Sarnoff As amended. Commissioner Spence -Jones: -- and I'm fine with that. Hs. Garcia -Toledo: As amended. Commissioner Sarnoff That's the amendment now? Hs. Chiaro: However -- Chairman Gonzalez: Roll call, please. Hs. Chiaro: -- the Code does not allow for the City Commission to consider changing that was submitted -- which was submitted on the Comprehensive Plan application. It only allow -- to make it less. The Code only allows for -- Hs. Garcia -Toledo: But we can -- Hs. Chiaro: -- the change for the zoning to be less than that which was submitted. Commissioner Sarnoff So then they need to come back -- Hs. Garcia -Toledo: The -- City ofMiami Page 85 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Commissioner Sarnoff -- they need to come back -- Ms. Garcia -Toledo: No. Commissioner Sarnoff -- to readvertise. Mr. Gibbs: That's right. Ms. Garcia -Toledo: No, no. Mr. Gibbs: That's right. Ms. Garcia -Toledo: We've always had a policy that as long as you advertise for something higher -- Ms. Garcia -Toledo: -- than what is being approved -- Commissioner Sarnoff (UNINTELLIGIBLE) can't do this. Ms. Garcia -Toledo: -- then you can do less. You cannot do more than what has been advertised because it would be voided based on notice, but everyone has had notice that you're going to do an R-3 or a medium multifamily. If you do less, you're not harming anyone, so you can always do less than, not more than. Regardless, then you can -- if we're going to have to come back -- and this has been going around for a year, so we really don't want to come back; we want to finish this today -- then you can go head [sic], leave it as multifamily on your land use, and then we -- you control what can be done through the zoning aspect of it, and we will add to our covenant that we understand that the R-3 -- that -- voluntarily proffer that under the R-3, we will only do the R-2. That's for the land use only. Chairman Gonzalez: All right. Can we do roll call now? Mr. Gibbs: I've got a problem with this. This is wrong. Commissioner Spence -Jones: Well, I -- Mr. Chairman, I just -- you know -- and I know we don't want to get stuck on this. Ms. City Attorney, I mean, clearly, you know, Tucker's making some valid points. How do we get around --? Mr. Gibbs: Send it back. Ms. Chiaro: He is making the -- advocating on behalf of his client. As I said, you can approve the land use designation to be higher. You control the use by the zoning on the property. Commissioner Spence -Jones: OK. Ms. Chiaro: I have some concern about amending the application for the land use without having the record -- with -- on the floor, whether it's lesser or greater. Vice Chairman Sanchez: OK. Mr. Gibbs: I have no problem with that. Commissioner Sarnoff She's right. Ms. Chiaro: IfMr. Gibbs -- City ofMiami Page 86 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Commissioner Sarnoff You're right. We should not be voting for this. Ms. Chiaro: -- agreeing to defend the City against any challenge to this change being made on the floor, then I have no objection, but it is challengeable. Having giving you that advice, you can do what you wish, and if you wish to -- Ms. Garcia -Toledo: I may have a suggestion that will work for everyone. We can add to the covenant that we are offering with all the benefits that this property shall not be brought back for a zoning change for the next ten years. In that time, we will build out the project, and it's a moot issue. Mr. Gibbs: Mr. Chairman, could I just respond? The concern I have is that once you do this here -- and I don't disagree with the City Attorney's assertion, and I don't want to do anything that's going to create that kind of a problem. My problem and my client's problem is once you open this door, you allow the land use which says R-3 can be built here. This can be covenanted till the cows come home. Ms. Garcia -Toledo: No. That's not what the land use plan in the City ofMiami says. It says up to -- Mr. Gibbs: To -- Ms. Garcia -Toledo: -- a maximum -- Mr. Gibbs: -- maximum -- Ms. Garcia -Toledo: -- ofR-3 -- Mr. Gibbs: -- ofR-3. That's right. Ms. Garcia -Toledo: -- and there is absolutely no guarantee, when you grant an R-3, that you -- a multifamily density, that anyone can build that to the maximum, so the zoning is what controls what can be built on the land. I can show you numerous properties in the City ofMiami where the land use is greater than the zoning, and anything that would happen after today, even if everything is approved and we move forward today, would require notice to all the neighbors and public hearings again, so -- Mr. Gibbs: Mr. Chairman. Ms. Garcia -Toledo: -- why -- I've already put it on the record that my client will build consistent with the R-2. There is no need for us to be back here. Mr. Gibbs: Mr. Chairman. Commissioner Spence -Jones: All right. Mr. Chairman, I'm just -- I'm -- I think we just need to move on. I'm going to go ahead and accept what the City Attorney is saying on this issue. You did proffer, though, the -- what did you -- over the next ten years? Ms. Garcia -Toledo: Right. Commissioner Spence -Jones: Can you proffer that again so that we're clear? Ms. Garcia -Toledo: That -- Ms. Chiaro: When -- you didn't vote on -- City ofMiami Page 87 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Commissioner Sarnoff You don't proffer that now. Ms. Chiaro: -- the land use -- Ms. Garcia -Toledo: Yeah. Commissioner Spence -Jones: OK. Ms. Chiaro: -- change yet. Ms. Garcia -Toledo: That will be proffered as part of -- Commissioner Spence -Jones: OK. No problem. Ms. Garcia -Toledo: -- the -- Commissioner Spence -Jones: OK, so let's -- Ms. Garcia -Toledo: -- zoning. Commissioner Spence -Jones: -- go ahead and vote on that. Mr. Gibbs: See you in court. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call, but for clarity of our record, the vote will be on a modified or not modified ordinance? Ms. Garcia -Toledo: Not. Ms. Chiaro: It will be on the ordinance for the change in the land use plan as read and as submitted in the packet. Commissioner Sarnoff Right. Ms. Burns: Thank you. Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Burns: Commissioner Sarnoff? Commissioner Sarnoff No. Ms. Burns: Vice Chairman Sanchez? Vice Chairman Sanchez: Madam Attorney, please advise. Are we -- am I putting the City in any type of liability here -- Ms. Garcia -Toledo: No. Vice Chairman Sanchez: -- on this vote? Ms. Chiaro: This is a policy decision. As I said -- City ofMiami Page 88 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Vice Chairman Sanchez: Well -- Ms. Chiaro: -- you can make the land use change and limit the development by virtue of the next item that will come before you, which is a lower zoning designation. Vice Chairman Sanchez: A lower zoning -- yes. Ms. Burns: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Burns: Chairman Gonzalez? Chairman Gonzalez: Yes. Ms. Burns: The ordinance has been adopted on second reading, 4/1. PZ.4 06-00829zc ORDINANCE Second 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, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY RESIDENTIAL TO "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 399 NORTHEAST 82ND TERRACE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-00829zc Analysis.pdf 06-00829zc Zoning Map.pdf 06-00829zc Aerial Map.pdf 06-00829zc Application & Supporting Docs.pdf 06-00829zc ZB 07-10-06 Fact Sheet.pdf 06-00829zc ZB 09-11-06 Fact Sheet.pdf 06-00829zc ZB 10-16-06 Fact Sheet.pdf 06-00829zc ZB Reso.PDF 06-00829zc CC Legislation (Version 2).pdf 06-008291u & 06-00829zc Exhibit A.pdf 06-00829zc CC FR Fact Sheet 01-25-07.pdf 06-00829zc CC FR Fact Sheet 02-22-07.pdf 06-00829zc CC FR Fact Sheet 03-22-07.pdf 06-00829zc CC SR Fact Sheet 04-26-07.pdf 06-00829zc submittal e-mail.pdf 06-00829zc CC SR Fact Sheet 05-24-07.pdf LOCATION: Approximately 399 NE 82nd Terrace [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Katia Traikos, Owner FINDINGS: City ofMiami Page 89 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on October 16, 2006 by a vote of 5-1. See companion File ID 06-008291u. PURPOSE: This will change the above property to R-3 Multifamily Medium -Density Residential. Motion by Commissioner Spence -Jones, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Noes: 1 - Commissioner Sarnoff Absent: 1 - Commissioner Regalado 12921 Chairman Gonzalez: PZ.4. Vice Chairman Sanchez: That's where you proffer the covenant. Vicky Garcia -Toledo: With this item, I would proffer, on behalf of the owner, the following mitigations: Four housing units will be within the workforce housing range. There will be a look -out on the little river canal; the design of the look -out will be shared with the homeowners association for their input and approval; there will be a tree mitigation plan prior to construction with a relocation of trees to be maintained on site; sidewalks will be created as part of the development program on the public right-of-way, I believe it's 4th Avenue, Northeast 4th Avenue, and a traffic mitigation program, which has been suggested, will be implemented at the approval of the neighborhood if they so desire. Tucker Gibbs: Mr. Chairman, may I ask a question? Chairman Gonzalez: Yes, sir. Mr. Gibbs: My understanding that Hs. Garcia -Toledo earlier said that every recommendation in terms of how this was going to work was going to be the same as before, in terms of the overlook, and the sidewalks, and the rest of it. The one thing I didn't hear her talk about was -- it's an issue important to my clients, and I'm not saying that that makes this wonderful for my clients, butt want to pinpoint this issue as an issue for my clients, and that is access to 4th. Under their proposal under the R-3 pro -- Commissioner Spence -Jones: Access to what? Mr. Gibbs: -- access on 4th. The proposal that was presented on the R-3, they heralded it as no access on 4th; everything would come down to 82nd Terrace and then go out, which would help the traffic on 4th because they wouldn't come in and out. That's the one thing I did not hear tonight -- today. Commissioner Spence -Jones: And I want to make sure that that is -- because that street is very important. Ms. Garcia -Toledo: But now you have townhomes. Now you have duplexes -- Commissioner Spence -Jones: Yeah -- Ms. Garcia -Toledo: -- on the street. City ofMiami Page 90 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Commissioner Spence -Jones: -- but you can -- Mr. Gibbs: Internal access. Commissioner Spence -Jones: -- do that, you can put the parking behind it. Mr. Gibbs: That's right. They own -- Commissioner Spence -Jones: Come on now. Mr. Gibbs: Come on. It's internal. Ms. Garcia -Toledo: It cannot be physically done with a duplex. Commissioner Spence -Jones: It can. I've seen them all the time. Ms. Garcia -Toledo: Give me a second with the architect. Vice Chairman Sanchez: While they do that, and I'm glad Miami 21 is going to do away with all of this, or some of this, but -- Mr. Gibbs: You mean, you're not going to see my pretty face here under Miami 21 ? Vice Chairman Sanchez: No, no, it's not that. I think that when these issues are brought -- you can't bring something in front of this Commission half baked or half pregnant. I mean, these issues should come in front of us where everyone has had ample opportunity -- Ms. Garcia -Toledo: We will -- Vice Chairman Sanchez: Hold on, hold on, because you know, this is frustrating for me. Ms. Garcia -Toledo: It's very frustrating. Vice Chairman Sanchez: All right. Chairman Gonzalez: It's frustrating for everybody. Vice Chairman Sanchez: We shouldn't be here wheeling and dealing at the last minute to get something approved. It puts us in a -- it puts me a very awkward situation to make an intelligent decision, all right, so let me just remind everyone here that I think we need to avoid these types of things. One, it opens up the doors for liability to the City, and we have a fiduciary responsibility to this City, so this --I hope we learn from this experience, where we can't continue to bring these things half baked in front of this Commission. We're back and forth. You're negotiating, proffering for us to get a vote from us. It's just -- it bad policy. It's bad government. It's bad everything. Chairman Gonzalez: Not only that -- Commissioner Spence -Jones: All right, Mr. Chairman. Can we --? Vicky, can you please? Ms. Garcia -Toledo: We will only need one curb cut into the development -- Mr. Gibbs: Not on 4th? Ms. Garcia -Toledo: -- from 4th Avenue. City ofMiami Page 91 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Mr. Gibbs: From 4th. Commissioner Spence -Jones: OK. Chairman Gonzalez: All right. Vice Chairman Sanchez: Yeah. Make a motion. Chairman Gonzalez: Do I hear a motion? Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: Second. Chairman Gonzalez: OK. We have a motion, and we have a second. You know, the biggest problem -- before having the Attorney read the ordinance -- is that with all due respect to the developer, you know, I don't know why developers in this City have come to the notions that they can buy a lot in a residential area, and then build a high-rise, you know, and -- those are chances they -- and then they get upset when things don't get approved, but you know, a lot of people are doing that. They're buying land in neighborhoods, which are R-1, and then they want to change to multifamily, and they want to change it to this and they want to change it to that, and then, you know, if it doesn't happen, well, you know, they get upset because they made an investment, and they will never be able to recoup, but listen, you know, you got to use your common sense. I mean -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- want to buy -- build a high-rise, buy the right designated zoning. What happened is if you're going to buy the right designated zoning, it's going to cost you a lot more than buying the -- Vice Chairman Sanchez: That's right. Chairman Gonzalez: -- lower zone -- Vice Chairman Sanchez: That's right. Chairman Gonzalez: -- so you know, I mean -- but eventually, I hope this is going to, like you say with Miami 21 maybe, hopefully -- because let me tell you, they will find a way to go around Miami 21, around it, on top of it, or under, or -- they will find a way to, you know -- you wait and see. Anyway, Madam City Attorney, will you read the ordinance, please? The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call. Commissioner Sarnoff? Commissioner Sarnoff No. Ms. Burns: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes, with conditions. City ofMiami Page 92 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Ms. Burns: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Burns: Chairman Gonzalez? Chairman Gonzalez: Yes, with conditions. Ms. Burns: The ordinance has been adopted on second reading, as modified -- Chairman Gonzalez: Before -- Ms. Burns: -- 3/1. Chairman Gonzalez: Thank you. PZ.5 06-01433zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 14, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 621-625 AND 645 NORTHEAST 64TH TERRACE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-01433zc Analysis.pdf 06-01433zc Zoning Map.pdf 06-01433zc Aerial Map.pdf 06-01433zc Application & Supporting Docs.pdf 06-01433zc ZB 10-30-06 Fact Sheet.pdf 06-01433zc ZB 11-13-06 Fact Sheet.pdf 06-01433zc ZB Reso.PDF 06-01433zc Legislation (Version 2).pdf 06-01433zc Exhibit A.pdf 06-01433zc CC FR Fact Sheet 01-25-07.pdf 06-01433zc CC FR Fact Sheet 02-22-07.pdf 06-01433zc Submittal Map & Letter.pdf Letter Requesting Replacement on City Commission Agenda.PDF 06-01433zc CC FR Fact Sheet 04-26-07.pdf 06-01433zc CC FR Fact Sheet 05-24-07.pdf LOCATION: Approximately 621-625 and 645 NE 64th Terrace [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Adrienne F. Pardo, Esquire, on behalf of Grec Luis Development, Ltd., Contract Purchaser, and Grec/Luis II, Ltd. and Terra Urbana, Ltd., Owners FINDINGS: City ofMiami Page 93 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on November 13, 2006 by a vote of 6-1. See companion File ID 06-01433xc. PURPOSE: This will change the above properties to R-3 Multifamily Medium -Density Residential with an SD-12 Buffer Overlay District. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: PZ.5. Yes. Roberto Lavernia (Chief of Land Development, Planning): This item has been continued from January 25, February 22, and April 26for the applicant to find a solution with the traffic deviation, so I'm going to let the applicant explain. Chairman Gonzalez: Thank you. Vice Chairman Sanchez: All right. Chairman Gonzalez: Is there anyone in opposition on PZ.5 here? All right. Adrienne Pardo: Hello. My name is Adrienne Pardo, with law offices at 1221 Brickell Avenue. At the last hearing, Commissioner Sarnoff had requested that we proceed with having a two-way street on Northeast 64th Terrace for the first 70 feet, so since that hearing, we met with Dade County Public Works Department, and the gentleman, Mohammad Hassan, had indicated he had no objection, but we needed to meet with FDOT (Florida Department of Transportation) and get their approval, so we had a meeting with FDOT. Verbally, they had no objections, and they said we needed to submit an application, which we have since done. We've submitted an application, and -- so what we've done is we submitted an application with FDOT so that this area could be two-way, the area fronting the commercial property, so that's pending right now with FDOT, and we should find out within 30 days, but they had verbally said they had no objections to it, so with that, what we are requesting is -- on the subject property, we're requesting an SD-12 overlay. We're not seeking to change the zoning here, and we're not seeking to do anything differently than what we could do today. This is the subject property where you have a C-1 and SD-9, and then behind it is the R-3, and what we're asking for is an SD-12 overlay on the R-3, and what this will allow is -- currently, we have an approval -- this is the approved project. We have an approval. We have a Class II for a residential building on Biscayne Boulevard, and residential in the rear as well, and within this residential portion in the rear is where all the parking is located. Our pending application and the reason we're requesting the SD-12 overlay is so that we can have a office building within the C-1 district, which allows for office and is commercial, but in order to do that, we need to put the parking in the portion behind it, so you're not going to see the parking, and it's going to be the same parking you had before for the approved project with the residential, but we need to request the SD-12 overlay in order to do that. This is a picture of the approved project, where we have the Class II, and this is the new one, and you can see we kept it totally in line. This particular piece of property along Biscayne Boulevard is very narrow. It's C-1, and it only 67 feet in depth, so because of that, it doesn't allow for enough parking. It doesn't allow for you to put the parking for the office and the retail within it, and there's also a height limitation in the SD-9. You may remember, about four years ago, it was lowered to eight stories, so we're well within that eight stories, but between those two factors, it just doesn't allow for it, so we've met with the neighborhood. We had met with the Upper Eastside, and actually, we also had met with Mr. Louis Bourdeau. Louis was here earlier. I'm not -- I don't see him in the audience. Oh, there you are, OK, so when I'm done, Louis will speak because he is in favor of this. We met with him, and it was his concern that we -- he was always City ofMiami Page 94 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 in favor of the application, but he had also requested that we be able to make this -- the end of the drive two-way, which we're able to do, and this will also -- what this will allow is that the -- on our particular plans, you have the office traffic. There's an entrance here for the office, and then there's an entrance here for the residential, so the office traffic would come out here and they wouldn't be going through the neighborhood. I have a lot more that I can tell you about this project. Should I continue? Chairman Gonzalez: I think that's enough. Commissioner Sarnoff Yeah. Ms. Pardo: Or do you --? Commissioner Sarnoff Mr. Chairman? Chairman Gonzalez: Unless the district Commissioner want to -- Commissioner Sarnoff No. Let me just ask you -- Chairman Gonzalez: -- know more. Commissioner Sarnoff -- just a few questions. This project can be built right now as -is, if you remain residential, correct? Ms. Pardo: Yes. Commissioner Sarnoff So by making it live/work, you need this overlay district, correct? Ms. Pardo: Correct. Commissioner Sarnoff When will your request from FDOT become official, or do you consider it official? Ms. Pardo: No, I don't consider it official now, but it will become official probably in the next 20 days, and we have to come back to you for second reading, so we will have the response from FDOT prior to our second reading. Commissioner Sarnoff All right, then I'll make a motion to approve it, subject to -- Chairman Gonzalez: All right. Commissioner Sarnoff -- the changes we requested. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion to approve -- Vice Chairman Sanchez: Second. Chairman Gonzalez: -- and we have a second, condition to the FDOT approval. Mr. City Attorney, read the ordinance, please. Vice Chairman Sanchez: Are the conditions on the other one or on this one? When do you proffer the conditions? Not on this one, right? City ofMiami Page 95 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Jorge L. Fernandez (City Attorney): Yeah. On second reading -- Vice Chairman Sanchez: Yeah. Mr. Fernandez: -- for the record, there will be a report where the permitfrom the State of Florida will of course be part of the record, but here on first reading and certainly on second reading, the ordinance itself would not have a condition. It would just simply show that, in fact, the State permit is in place. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has passed on first reading, 5/0. Ms. Pardo: Thank you very much. PZ.6 06-01234Iu 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 402 NORTHEAST 36TH STREET AND 347 NORTHEAST 35TH TERRACE, 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. 06-012341u - PAB Fact Sheet.pdf 06-012341u - Analysis.pdf 06-012341u - Concurrency Report.pdf 06-012341u - Comp Plan Map.pdf 06-012341u - Zoning Map.pdf 06-012341u - Aerial Photo.pdf 06-012341u - PAB Legislation.pdf 06-012341u - PAB Application Documents.pdf 06-012341u PAB Reso.PDF 06-012341u CC Application & Supporting Docs.pdf 06-012341u CC Legislation (Version 2).pdf 06-012341u & 06-01234zc Exhibit A.pdf 06-012341u CC FR 02-14-07 Fact Sheet.pdf 06-012341u Submittal Diagram.pdf 06-012341u Submittal Photos.pdf 06-012341u & 06-01234zc February 2007 Corporation Certificate of Good Standing.PDF 06-012341u CC FR 04-26-07 Fact Sheet.pdf 06-012341u submittal declaration of restrictive covenants.pdf 06-012341u CC SR Fact Sheet.pdf 06-012341u Submittal Declaration of Rest. Covenants.pdf City ofMiami Page 96 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 LOCATION: Approximately 402 NE 36th Street and 347 NE 35th Terrace [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Melissa Tapanes Llahues, Esquire and Ben Fernandez, Esquire, on behalf of Grape & Associates, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 6, 2006 by a vote of 6-0. See companion File ID 06-01234zc. PURPOSE: This will change the above properties to Restricted Commercial. Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12922 Chairman Gonzalez: PZ. 6 and PZ.7. Yes, sir. Good afternoon. Harold Ruck (Planner II): Good afternoon. Harold Ruck, with the Planning Department. This is a companion item with PZ.7. This is a second reading for this request. This request is for consideration of amending the Miami Comprehensive Neighborhood Plan future land use map, located at proximately 402 Northeast 36th Street and 347 Northeast 35th Terrace from high density multifamily residential to restricted commercial. The Planning Department recommended denial. The Planning Advisory Board recommended approval. This item was passed on first reading before the City Commission April 26, '07. I can get in more detail or -- atyour discretion; otherwise -- Chairman Gonzalez: Thank you. Mr. Ruck: Thank you. Chairman Gonzalez: All right. Is there anyone here to speak on PZ. 6 or PZ.7? All right. Yes, sir. Ben Fernandez: Thank you. Mr. Chair, Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the property owners, who could not be with us today on account of the religious holiday, the Jewish holiday. However, we have a covenant from them, as agreed on the last-- at the last meeting, which is a covenant that commits to everything that we discussed in addition to minimum silver LEED (Leadership in Energy and Environmental Design) certification for the project, and we've -- also happy to report that the debris that was on the site has been entirely cleared. That's been confirmed by Code Enforcement, and what I've attached as exhibits are the covenant and then on the last page, a commitment from a fence company to fence the property, which should be happening shortly. Commissioner Sarnoff Mr. Chairman. Chairman Gonzalez: All right. Yes, sir. Commissioner Sarnoff Ben, just refresh my recollection. This was -- your clients came down, the young ladies, right? City ofMiami Page 97 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Mr. B. Fernandez: That's right. Commissioner Sarnoff OK. Mr. B. Fernandez: That's right. This is the office building. Commissioner Sarnoff Right. Chairman Gonzalez: All right. Anyone from the public to speak on PZ.6 and PZ.7, please come forward to be recognized. Saul Cimbler: Good afternoon. For the record, my name is Saul Cimbler. I live on Northeast 35th Street, and I'm within the area that's affected by this. This project, although very nice, is going to affect traffic horribly in this area, specifically, we already have a problem with the Charter Club. Traffic comes out through the back and it's turned 35th Sfreet into a highway. The cars come flying through there like nobody else lives there. This particular project now is going to further exacerbate what's going on there, because what folks are going from the Charter Club is they come out and they're using the Taco Bell site and the McDonalds site as if it was a public right-of-way because traffic is so congested now as it is. I don't think the traffic studies that have been done on this deal with this specific issue. This same Commission, two weeks ago, or I should say, on March 22, approved a massive project on 32nd Street of 50 stories, which also is -- duplicative to this, is going to cause tremendous traffic havoc, and based on that traffic havoc and the inability to design a project that will permit the people who are living there now and living there in the future to get on and off Biscayne Boulevard. I would respectfully request that you deny the project, especially in fact that where now you have on 36th Sfreet a one-way traffic on Julia Tuttle. I would invite each one of you Commissioners to go out there one morning or one afternoon and witness the mayhem that there is there of traffic. Chairman Gonzalez: Thank you. Anyone else from the public? All right. Seeing none, the public hearing is closed; comes back to the Commission. This is -- Mr. B. Fernandez: May I --? Chairman Gonzalez: -- Commissioner Sarnoff district. Mr. B. Fernandez: If you'd like, I can rebut some of those issues. Commissioner Sarnoff Yeah. I was going to ask -- Mr. B. Fernandez: Yes. Commissioner Sarnoff Mr. Chairman, I was going to ask Ben if he could just respond to the traffic. Mr. B. Fernandez: Very briefly, and we went over this the last time. This project is going to prohibit the property from being aggregated together with other abutting properties that are already zoned R-4, SD-20, which allows considerably more height and more floor area than what we're proposing through this project and via the covenant that we've proffered to you. I don't know that Mr. Cimbler's familiar with any of the specifics of this case, because I don't think he's ever presented any testimony until now, but this is going to do just the opposite. It's going to create a valley in what is otherwise a potential sea of high-rises, and with respect to traffic, we have access not only on 35th, but also on 36th Street, so that we're going to have a -- really de minimis impact on 35th, and with that, I'll answer any questions that you have. Commissioner Sarnoff Mr. Cimbler, you're there? The project you're speaking about before, City ofMiami Page 98 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 was that the project that Vicky Toledo -Garcia [sic] just brought before us. Mr. Cimbler: Yes, the one that was on March 22, which I also spoke against and for the same reason. These are narrow streets, and you're plummeting these huge buildings, which create no use in that neighborhood. What it's doing is it's stifling development, because the folks who would come in there and build lower level affordable units aren't going to do it because they're going to have to compete traffic wise with these huge monstrosities that are going on there, and this is not the first time I've objected to that area. When I lived there, I objected to the Onyx II project, for the same reason. These are just too big and too out of scale. Mr. B. Fernandez: But that's not what we're doing, you understand that? This is just the opposite. This is a three-story office building. Mr. Cimbler: The traffic in that area is horrendous. Commissioner Sarnoff So -- but what you're -- Mr. Cimbler: You've already got half a dozen office projects coming on board. Commissioner Sarnoff -- so as far as you're concerned, what, an R-1 would go there. Mr. Cimbler: The problem there is traffic. Commissioner Sarnoff Right. Mr. Cimbler: You've got an old neighborhood with old streets -- Commissioner Sarnoff OK. Mr. Cimbler: -- they run one way, and the traffic's going to be coming up and down, and for the residents who live there, we're already exposed -- I can't even walk my dog unless I do it at 12 o'clock at night, unless I want to risk getting killed by cars weaving in and out ofMcDonalds and Taco Bell and the Shell Station because of the congestion that there is now. Now, put in more office buildings, put in more of these big towers, and it's a disaster waiting to happen. Commissioner Sarnoff You understand he's talking about a three-story building. Mr. Cimbler: I understand, but what I'm talking about is the traffic impact. Commissioner Sarnoff OK. Mr. B. Fernandez: But there are no single-family homes on that street that are viable. There's one left. Mr. Cimbler: There's -- it doesn't matter. There's people who live -- Mr. B. Fernandez: But you don't -- that's -- Mr. Cimbler: -- in apartment buildings, there's people who -- and there are single-family homes. Richard Strell, who is also opposed to this, who couldn't be here today, lives in a duplex. Mr. B. Fernandez: They're all multifamily, and this is consistent with the height of the existing -- Mr. Cimbler: It's -- City ofMiami Page 99 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: OK. Mr. B. Fernandez: -- structures in the area. Mr. Cimbler: We're not -- we're talking about traffic congestion -- Chairman Gonzalez: The discussion -- Mr. Cimbler: -- and practicality. Commissioner Sarnoff Thanks. I got my answers. Chairman Gonzalez: -- comes through the Chair. Commissioner Sarnoff Mr. Chairman, I'm going to make a motion to approve PZ -- Commissioner Spence -Jones: Second. Commissioner Sarnoff -- 6. Chairman Gonzalez: All right. We have a motion on PZ.6, and we have a second. Read the ordinance, please. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has been adopted on second reading, 5/0. PZ.7 06-01234zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 21, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL WITH AN "SD-20" EDGEWATER OVERLAY DISTRICT TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-20.1" BISCAYNE BOULEVARD EDGEWATER OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 402 NORTHEAST 36TH STREET AND 347 NORTHEAST 35TH TERRACE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 100 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 06-01234zc ZB Analysis.pdf 06-01234zc Zoning Map.pdf 06-01234zc Aerial Map.pdf 06-01234zc ZB Application & Supporting Docs.pdf 06-01234zc ZB Fact Sheet.pdf 06-01234zc CC Application & Supporting Docs - OLD.PDF 06-01234zc CC FR Legislation (Version 2) - OLD.pdf 06-012341u & 06-01234zc Exhibit A.pdf 06-01234zc CC FR 02-14-07 Fact Sheet.pdf 06-012341u & 06-01234zc February 2007 Corporation Certificate of Good Standing.PDF 06-01234zc CC FR 04-26-07 Fact Sheet.pdf 06-01234zc submittal declaration of restrictive covenants.pdf 06-01234zc CC Analysis.pdf 06-01234zc ZB Reso.pdf 06-01234zc CC Application & Supporting Documents.pdf 06-01234zc CC Legislation (Version 3).pdf 06-01234zc CC SR Fact Sheet.pdf 06-01234zc Submittal Declaration of Rest. Covenants.pdf LOCATION: Approximately 402 NE 36th Street and 347 NE 35th Terrace [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Melissa Tapanes-Llahues, Esquire and Ben Fernandez, Esquire, on behalf of Grape & Associates, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on October 30, 2006 by a vote of 4-2. See companion File ID 06-012341u. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-20.1 Biscayne Boulevard Edgewater Overlay District. Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12923 Chairman Gonzalez: PZ.7 is a companion item. Anyone from the public on PZ.7? Saul Cimbler: Saul Cimbler. I would just incorporate the same comments I made before. Chairman Gonzalez: All right. Let the record reflect that the arguments of the speaker on the first item be incorporated on the second item. Is there a motion? Commissioner Sarnoff Yes, Mr. Chairman. I'll make a motion to approve. Chairman Gonzalez: There is -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- a motion, and there is a second. Read the ordinance, please. City ofMiami Page 101 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Maria J. Chiaro (Assistant City Attorney): And this is an ordinance accepting the voluntary covenants offered. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): Before we have roll call, for clarity of our records, will this be modified? Ms. Chiaro: No, it is not modified. Ms. Burns: Thank you. Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has been adopted on second reading, 5/0. Ben Fernandez: Thank you. PZ.8 06-01057zc 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, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "C-1" RESTRICTED COMMERCIAL WITH AN "SD-20.1" BISCAYNE BOULEVARD EDGEWATER OVERLAY DISTRICT AND "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, F.A.R. OF 3.0, TO "SD-6" CENTRAL COMMERCIAL -RESIDENTIAL DISTRICT AND "SD-20.1" BISCAYNE BOULEVARD EDGEWATER OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1756 AND 1770 NORTHEAST 4TH AVENUE, AND 1751-61-71-77 BISCAYNE BOULEVARD, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 102 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 06-01057zc ZB Analysis.pdf 06-01057zc ZB Zoning Map.pdf 06-01057zc Aerial Map.pdf 06-01057zc Application & Supporting Docs.pdf 06-01057zc Application & Supporting Docs #2.pdf 06-01057zc ZB Fact Sheet 07-10-06.pdf 06-01057zc ZB Fact Sheet 09-11-06.pdf 06-01057zc CC Zoning Map - OLD.pdf 06-01057zc CC Legislation (Version 2 - OLD).pdf 06-01057zc CC Legislation (Version 2 - Updated).PDF 06-01057zc CC Exhibit A.pdf 06-01057zc CC FR Fact Sheet 10-26-06.pdf 06-01057zc CC FR Fact Sheet 11-09-06.pdf 06-01057zc CC FR Fact Sheet 01-25-07.pdf 06-01057zc CC FR Fact Sheet 02-22-07.pdf 06-01057zc CC FR Fact Sheet 03-22-07.pdf 06-01057zc CC FR Fact Sheet 04-26-07.pdf 06-01057zc submittal zoning atlas map.pdf 06-01057zc CC Zoning Map - Modified.pdf 06-01057zc CC Analysis.pdf 06-01057zc ZB Reso.pdf 06-01057zc CC Legislation (Version 3).pdf 06-01057zc CC SR Fact Sheet.pdf LOCATION: Approximately 1756 and 1770 NE 4th Avenue, and 1751-61-71-77 Biscayne Boulevard [Commissioner Marc Sarnoff - District 2] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of V Downtown, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on September 11, 2006 by a vote of 5-1. PURPOSE: This will change the above properties to SD-6 Central Commercial -Residential District and SD-20.1 Biscayne Boulevard Edgewater Overlay District. Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12924 Chairman Gonzalez: All right. Let's go to PZ.8. It's also a second reading. PZ.8. PZ.9 is a companion, I believe. Vicky Garcia -Toledo: No. Chairman Gonzalez: No, it's not. Ms. Garcia -Toledo: Just by itself. City ofMiami Page 103 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: PZ.9 is not a companion. PZ.8. Is there anyone here to speak on PZ.8, 1756 and 1770 Northeast 4th Avenue? All right. I see no one here. Yes, sir. Good afternoon. Roberto Lavernia (Chief of Land Development): For the -- good afternoon. For the record, Roberto Lavernia, with the Planning Department. This item was already fully presented and there was a voluntary covenant offered by the applicant with a specific FAR (floor area ratio) that Commissioner Sarnoff request. Commissioner Sarnoff Mr. Chairman, I have a question, just parenthetically. When we approve something that's amended and it's coming back for a second reading, there's no indication in our briefs -- Chairman Gonzalez: That it has been amended. Commissioner Sarnoff -- that it's been amended. Chairman Gonzalez: I notice that. Vice Chairman Sanchez: It's a covenant. Mr. Lavernia: It's a voluntary covenant offered by the applicant. Commissioner Sarnoff Well -- Ms. Garcia -Toledo: It doesn't (UNINTELLIGIBLE). Commissioner Sarnoff -- yeah, I understand that, but on -- if somebody's looking at this on second reading, and let's say I wasn't sitting here, how would we know that unless it's shown somewhere in our books? Is that something we could work on or is that something not allowed? Ms. Garcia -Toledo: That -- Maria J. Chiaro (Assistant City Attorney): We can note the back-up material that a covenant is expected to be proffered. The ordinance, as I said in the last item you approved, remains the same. The parallel in the record reflects the voluntarily covenants to be attached to it -- Commissioner Sarnoff Right. My -- Ms. Chiaro: -- so we can note the agenda packets that the expectation is a voluntary covenant -- Commissioner Sarnoff Right. Ms. Chiaro: -- would be offered at the Commission meeting. Commissioner Sarnoff Could -- on our title page, could it -- there be a section that -- write note, voluntary covenant offered at first reading? I mean, I think it would help everybody. Chairman Gonzalez: Definitely. Ms. Garcia -Toledo: Absolutely. Ms. Chiaro: Yes. Commissioner Sarnoff OK. City ofMiami Page 104 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: All right. Yes. Ms. Garcia -Toledo: Good afternoon. Vicky Garcia -Toledo, with the law firm ofBilzin Sumberg, 2500 Wachovia Center. For the sake of expediency, through the Chair, to Commissioner Sarnoff, I will not do a presentation. I will call in, by reference, my previous presentations and those of the consultants, and we have made the appropriate correction to the covenant to an FAR from 6 to 5.0. Chairman Gonzalez: All right. Is there a motion on the item? Commissioner Sarnoff I'll make a motion. Chairman Gonzalez: I'm sorry. Anyone from the public that wants to speak on this item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. I'm sorry, Commissioner. You had the floor. Commissioner Sarnoff I'll make a motion, Mr. Chairman, with the -- as amended with the covenant. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. It's an ordinance. Madam City Attorney, read the ordinance, please. Ms. Chiaro: And just to correct the record, the ordinance is not amended, but this -- Ms. Garcia -Toledo: The covenant. Ms. Chiaro: -- ordinance is approved accepting the voluntary covenants to be offered. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has been adopted on second reading, 5/0. Ms. Garcia -Toledo: Thank you. Chairman Gonzalez: Thank you. PZ.9 07-00047zc 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, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, F.A.R. OF .4 TO "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN "SD-19" City ofMiami Page 105 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 DESIGNATED F.A.R. OVERLAY DISTRICT, F.A.R. OF .4 AND "SD-12" BUFFER OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2721 AND 2735 COCONUT AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-00047zc Analysis.PDF 07-00047zc Zoning Map.pdf 07-00047zc Aerial Map.pdf 07-00047zc Application & Supporting Docs.pdf 07-00047zc ZB 02-26-07 Fact Sheet.pdf 07-00047zc ZB Reso.PDF 07-00047v CC Updated Variance Planning Checklist.PDF 07-00047zc CC Legislation.pdf 07-00047zc CC Exhibit A.pdf 07-00047zc CC FR Fact Sheet.pdf 07-00047zc CC SR Fact Sheet.pdf LOCATION: Approximately 2721 and 2735 Coconut Avenue [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Robert Jerome Filer, on behalf of Steve's Parking, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on February 26, 2007 by a vote of 6-1. PURPOSE: This will change the above properties to R-3 Multifamily Medium -Density Residential with an SD-19 Designated F.A.R. Overlay District, F.A.R. of .4 and SD-12 Buffer Overlay District. Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12925 Chairman Gonzalez: Before taking PZ.9, it has been the policy of this Chair in conducting these meetings to allow, on items being represented by attorneys, equal amount of time to each attorney on both sides of the item, and also to allow two minutes to the general public for their statements in favor or in opposition of any of the items, so let it be noted that attorneys will have equal amount of time and the general public will have two minute each to express your sentiment in reference to the project, either in favor or oppose. Thank you. PZ.9. Yes, Lavernia. Roberto Lavernia (Chief of Land Development, Planning): PZ.9 is a second reading. It was already passed on first reading on April 26, and it was fully presented, and the recommendation of Planning is for approval. This is an SD-12 imposing a property, no change in the base zoning, just adding the SD-12, and they have to be in front of you when they provide a plan for the parking lot in the area. Chairman Gonzalez: Anyone here representing PZ.9? Tucker, you are? City ofMiami Page 106 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Tucker Gibbs: Yes. Chairman Gonzalez: All right. You -- anything you want to put on the record? Mr. Gibbs: Nothing we want to put on the record. We accept the City's recommendation, and if you have any questions, I'm here. Chairman Gonzalez: All right, sir. Commissioner Sarnoff I'll make a motion to approve. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have a second. Mr. City Attorney, will you read the ordinance, please? Jorge L. Fernandez (City Attorney): Yes. It's an ordinance on second reading. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Sanchez: Just for point -- Chairman Gonzalez: Roll call, please. Vice Chairman Sanchez: -- of clarification on this. This comes back to us with a special exception, right? Mr. Lavernia: Yes, sir. Vice Chairman Sanchez: Ok. All right. Chairman Gonzalez: Roll call. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has been adopted on second reading, 5/0. Mr. Gibbs: Thank you. PZ.10 07-00216Iu ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 10, 20, 30-32, 34 AND 58 NORTHEAST 53RD STREET AND 11, 17, 25, 35, 43 AND 57 NORTHEAST 52ND TERRACE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 107 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 07-002161u - PAB Miami Jewish Home & Hospital.pdf 07-002161u PAB Reso.PDF 07-002161u CC Land Use Map.pdf 07-002161u & 07-00216zc CC Aerial Map.pdf 07-002161u CC School Impact Review Analysis.pdf 07-002161u CC Application & Supporting Documents.pdf 07-002161u CC Legislation.pdf 07-002161u 07-00216zc CC Exhibit A.pdf 07-002161u CC FR Fact Sheet.pdf LOCATION: Approximately 10, 20, 30-32, 34 and 58 NE 53rd Street and 11, 17, 25, 35, 43 and 57 NE 52nd Terrace APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Douglas Gardens Holding Corp., Inc., a Florida Not -For -Profit Corporation, Holding Company of Miami Jewish Home and Hospital for the Aged FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 7, 2007 by a vote of 5-2. See companion File ID 07-00216zc. PURPOSE: This will change the above properties to Major Institutional, Public Facilities, Transportation and Utilities. Motion by Commissioner Spence -Jones, seconded by Vice -Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: PZ.10 and on PZ.11, they're companion items. Anyone here to speak on PZ.10 or PZ.11 ? Anyone in opposition on this item or in favor that want to speak on the record? I see none. Mr. Lavernia. Harold Ruck (Planner II): Good afternoon. Name is Harold Ruck, with the Planning Department. As you stated, this is a companion item with PZ. 11, and this is first reading for this request. The proposal, at approximately 10, 20, 30-32, 34 and 58 Northeast 53rd Street, and 11, 17, 25, 35, 43 and 57 Northeast 52nd Terrace is for a change of the future land use plan map of the Comprehensive Neighborhood Plan from duplex residential to major institutional, public facilities, transportation and utilities. Subject property consists of 11 parcels, comprising approximately 1.41 acres; faces Northeast 53rd Street, Northwest 52nd Terrace, between North Miami Avenue and Northeast Miami Place. The property comprises the entire block, with the exception of one parcel located in the northeast corner of the block. The site is currently designated duplex residential. Surrounding the subject site is major institutional, public facilities, transportation utilities land use. Surrounding the subject site is major institutional land use to the east and south; to the north is also duplex residential land use. The PAB (Planning Advisory Board) recommended approval. The Planning Department also recommends approval. This major institutional land use is a logical extension of that category, since this designation is already within the subject block and will unify the designation with the properties to the south and the east. The Comprehensive Plan Goal L U-1 encourages a land use pattern that it promotes and facilitates economic development, and L U-1.5 promotes the efficient use of land that minimizes land use conflicts. These findings support the position that the future land use map at this location should be changed. Thank you. City ofMiami Page 108 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: Thank you. Yes. Vicky Garcia -Toledo: Good afternoon. Vicky Garcia -Toledo, with the law firm ofBilzin Sumberg, at 2500 Wachovia Center. Commissioner, I'm appearing today on behalf of the Miami Jewish Home and Hospital for the Aged. The institution has obtained title to an entire City block, except one lot. The one lot remaining is under contract to the home and will be subject matter of a separate land use and zoning change application. The reason that it's not part of this application is that the owner is an elderly person and needed additional time to find suitable housing, so we agreed with her that she could stay in her home until she does so. We come to you with approval from your staff from the Planning Advisory Board, the Zoning Board. We have submitted into the record letters of support for this application from State Senator Fredericka Wilson, from Gypsie Metellus, who was here all morning, and she is due back shortly, director of Sant La. Chairman Gonzalez: Let me ask you, wasn't this item here before? Ms. Garcia -Toledo: No. Chairman Gonzalez: No? Vice Chairman Sanchez: No. They -- Ms. Garcia -Toledo: No. This is the first reading. Vice Chairman Sanchez: They rezoned about nine years ago, right? Ms. Garcia -Toledo: Oh, yes. About 11 years ago, I think there was another rezoning matter. Chairman Gonzalez: Then I'm sorry for interrupting. Ms. Garcia -Toledo: That's OK. We've also met, at the request of the Planning Advisory Board, with members of the community, both of Buena Vista East Neighborhoods [sic] Association, as well as representative of the local high school, Curley High, and we are issuing -- and this is just a point of information -- a private covenant and benefit of the Buena Vista East homeowners group, where we commit that the owner voluntarily proffers to develop the property consistent with and in furtherance of the mission of the Miami Jewish Home and Hospital for the Aged. It was our way of giving some comfort to the neighborhood, and I've just been joined byMr. Marty [sic] Fine, who is on the board of the Home, and is available if you have any questions. Vice Chairman Sanchez: There is none. Ms. Garcia -Toledo: In order to expedite this, I would like to stop my presentation at this point and answer any questions you may have. Commissioner Spence -Jones: I just want to ask one quick question because I do know that it's in my district, and basically, they've always been very good neighbors in the area and I know the homeowners associations in the area support the Jewish Home. I have really no issue. I'm just - - I'm happy to see that something's going to be happening with the land because what's happening now is a lot -- there's overflow in the neighborhoods in front of other people's homes, so that's the only issue that's been a concern for many of the residents, so hopefully, this will address this -- this is going to include parking. That's the whole purpose -- Ms. Garcia -Toledo: This is for -- Commissioner Spence -Jones: -- of it, right in? City ofMiami Page 109 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Ms. Garcia -Toledo: -- parking. At this point in time, this will be for surface parking mostly for the employees. Commissioner Spence -Jones: OK, so I don't -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- have any issues with it at all. Chairman Gonzalez: Anyone from the public that wants to speak on this item, either in for or in opposition of PZ.10 or PZ.11, which is a companion? I'm opening the public hearing for PZ.10 and PZ.11. I see no one from the public that wants to address the Commission on this item, so I'm closing the public hearing; bringing it back to the Commission. Commissioner Spence -Jones: Mr. Chairman, I would -- Chairman Gonzalez: Yes, ma'am. Commissioner Spence -Jones: -- like to go head [sic] and move this item. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have a second on PZ.10. Mr. City Attorney, would you read the 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. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has passed on first reading, 5/0. PZ.11 07-00216zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 16, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "G/I" GOVERNMENT AND INSTITUTIONAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 10, 20, 30-32, 34 AND 58 NORTHEAST 53RD STREET AND 11, 17, 25, 35, 43 AND 57 NORTHEAST 52ND TERRACE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 110 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 07-00216zc Analysis.PDF 07-00216zc Zoning Map.pdf 07-00216zc Aerial Map.pdf 07-00216zc Letter of Intent.pdf 07-00216zc ZB Application & Supporting Docs.pdf 07-00216zc ZB 04-23-07 Fact Sheet.pdf 07-00216zc ZB Reso.pdf 07-00216zc CC Applications & Supporting Documents.pdf 07-00216 zc CC Legislation (Version 2).PDF 07-002161u 07-00216zc CC Exhibit A.pdf 07-002161u CC FR Fact Sheet.pdf LOCATION: Approximately 10, 20, 30-32, 34 and 58 NE 53rd Street and 11, 17, 25, 35, 43 and 57 NE 52nd Terrace [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Douglas Gardens Holding Corp., Inc., a Florida Not -For -Profit Corporation, Holding Company of Miami Jewish Home and Hospital for the Aged FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on April 23, 2007 by a vote of 5-1. See companion File ID 07-002161u. PURPOSE: This will change the above properties to G/I Government and Institutional. Motion by Commissioner Spence -Jones, seconded by Vice -Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: PZ.11 is a companion item. Is there a motion on PZ.11 ? Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have a second. Once again, this requires a public hearing. Anyone from the public that wants to speak on the item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. We have a motion, and we have a second. Mr. City Attorney, read the ordinance, please. 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. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. City ofMiami Page 111 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Ms. Burns: The ordinance has passed on first reading, 5/0. Vicky Garcia -Toledo: Thank you. PZ.12 04-01269zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 21, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL WITH AN "SD-20" EDGEWATER OVERLAY DISTRICT TO "R-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, F.A.R. OF 2.3, AND "SD-20" EDGEWATER OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 601, 611, 613 AND 615 NORTHEAST 23RD STREET AND A PORTION OF A PARCEL EAST OF 615, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-01269zc Analysis.PDF 04-01269zc Zoning Map.pdf 04-01269zc Aerial Map.pdf 04-01269zc Application & Supporting Docs.PDF 04-01269zc ZB 05-14-07 Fact Sheet.pdf 04-01269zc ZB Reso.PDF 04-01269zc CC Legislation (Version 2).PDF 04-01269zc Exhibit A.pdf 04-01269zc CC FR Fact Sheet.pdf LOCATION: Approximately 601, 611, 613 and 615 NE 23rd Street and a Portion of the Parcel East of 615 [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Soho CFI LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on May 14, 2007 by a vote of 6-3. PURPOSE: This will change the above properties to R-4 Multifamily High -Density Residential with an SD-19 Designated F.A.R. Overlay District, F.A.R. of 2.3, and SD-20 Edgewater Overlay District for the previously approved SOHO Major Use Special Permit. Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado Chairman Gonzalez: PZ.12. Is there anyone in opposition to PZ.12 in the public? Anyone in favor of PZ.12? No opposition. All right. Mr. Lavernia. Roberto Lavernia (Chief of Land Development, Planning): Yes, sir. PZ.12 is request of change City ofMiami Page 112 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 in zoning in order to add SD-19 with an FAR (floor area ratio) of 2.3 for the Soho Major Use Special Permit that was already approved. The Planning Department is recommending denial because they are requesting SD-19, and consistently with -- recommend denial to the increase of FAR. They has -- the applicant has been working with the Department. I'm going to let the applicant present the project as it is. Ben Fernandez: Good afternoon. Chairman Gonzalez: All right. Mr. B. Fernandez: Mr. Chair, members of the board, Ben Fernandez, 200 South Biscayne Boulevard, here on behalf ofMr. Dean Stratouly, the Congress Group, the owners of the property, the subject of the application. This application is associated with a Major Use Special Permit that the Commission approved in 2004 for the Soho Loft project, and the reason that we're back before you today is -- somewhat of an atypical application -- because as a result of comments from various trades, including Fire, the plan that was approved for thatMUSP (Major Use Special Permit) had to be reworked. The interior configuration of the plan needed to be worked, and the new plan that we're proposing matches the approved plan entirely. That is the building envelope is identical. It's actually somewhat reduced from the approved plan, but the plan requires more floor area as a technicality of the Code because we're increasing -- we're adding a level within the envelope of the plan to accommodate the units, even though the number of units dropped. It's just that the floor area has increased, and the way that the Code counts floor area portions of the prior plan that discounted areas like mechanical rooms and certain types of stairways, et cetera, have been reduced, and areas that now count as floor area have been increased, so we're requesting an SD-19 in order to give us the additional floor area that we need in order to fill out the inside of the building so to speak. Our new plan proposes 17 fewer bedrooms, five feet less in height, which are the parapet, and two fewer units. The lot coverage is the same as the approved plan, and let me just remind you. This is an area in Edgewater that is already developed with many MUSPs and Class Its that are similar to this in nature. You have the Rosabella project; Paramount is in the area, and the property's already zoned; obviously approved. It's R-4. It's zoned for multifamily development. We're not asking for an increase that would create more density. We're simply asking for this approval in order to be able to modify our plan. We still need to go back to the Planning Department and ask for a nonsubstantial modification to our Major Use Special Permit, which would require that we meet the conditions of Section 2215.1 of the Zoning Ordinance, what you see before you there, and you can see that -- what those requirements are. They're basically that we do not exceed the zoning regulations, which we would not do if you approve our rezoning request today; that the footprint of the building not be moved in any direction by more than five feet. We're not going to be doing that; that the height of the building not be increased by more than five feet or five percent. We're not doing that. We're actually dropping the height of the building, and then there's the final requirement, which is basically that the changes result in substantially the same project as what you approved in 2004, and I want to bring up our project architect, which I meant to introduce at the beginning, Mr. Rai Fernandez from Bermello Ajamil and Partners, to walk you through the new plan and tell you a little bit more about it, but basically, the Zoning Board recommended approval of our application. They understood that this wouldn't result in any additional impacts to the neighborhood, and we would ask that you do the same. I want to bring up Rai to just walk you through the project briefly. Rai Fernandez: Thank you. Rai Fernandez, with offices on 532 Broadway, New York. Quickly, just to, again, reiterate what Ben just mentioned. The original design that was done -- essentially, it was two buildings. The area that you see here was not counting as FAR in either case. We were able to almost maximize the total use of the FAR that was strictly given to the units. When the new building was looked at, the owners preferred a more traditional organized building where you would have two stairs, two elevators, and a corridor. However, in doing so, you begin to see that all of this, as part of the current Zoning Code, becomes FAR, and we lost a City ofMiami Page 113 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 substantial amount in doing that. The other aspect of it, the original floor to floor, we were looking at possibly a higher floor to floor from -- in these areas. What we were able to do is then shrink this somewhat to be able to reintroduce a floor, and ifyou look at the overall massing, you begin to see that it's essentially the same building. It's no higher. It's no wider. In fact, what we've done is sort of designed a more efficient within the same envelope that was originally there. The only drawback that we have is that we need the additional FAR to make that happen, but other than that, you have less units, you have the same height; we're not exceeding that. You have the same bulk of building as you would originally. Commissioner Sarnoff Mr. Chairman. Mr. Fernandez -- because I think -- Mr. R. Fernandez: Fernandez, yes. Commissioner Sarnoff -- isn't it? All right, so I got two Fernandez up here. Mr. R. Fernandez: Two Fernandez to deal -- Mr. B. Fernandez: That's right. Commissioner Sarnoff All right. I got the dual Fernandez. IfI understood you correctly, this building was originally designed as two distinct towers. Mr. R. Fernandez: What originally happened -- Commissioner Sarnoff That's the approval you have, correct? Mr. R. Fernandez: In the original design, you essentially have a wall that separates these four units with the two stairs, two elevators, four separate foyers, and the same thing occurs on the other side, so in fact, this could be a building by itself and another building by itself. Now, when you -- what was sort of interesting about that, when you study the Code, this, in essence, does not impact FAR. Now, when you then switch that and you go to a more traditional building with a corridor, all right -- you begin to see corridors here, corridors here, and the like -- this becomes FAR, FAR, but again, we did away with two stairs; we did away with two elevators, so we gained certain benefits from the design, but at the same time, we lost the opportunity. Commissioner Sarnoff How would you guys feel about making this a LEED (Leadership in Energy and Environmental Design) certified building? Mr. R. Fernandez: We have been looking at studying that. There is a possibility that we could achieve that. Right now -- I mean, certified is probably something that could be doable, so we have studied it. We know we can do it. We're well versed in that -- in those requirements, so that's something that we would -- we could definitely investigate. Commissioner Sarnoff Mr. Chairman, I'll make a motion, then, to approve the change if they were to offer that they could get to a LEED certified building. Mr. R. Fernandez: Thank you. Mr. B. Fernandez: We would do that. We would commit to do that, via covenant, I suppose, since this is a rezoning between -- Jorge L. Fernandez (City Attorney): Correct. Mr. B. Fernandez: -- first and second reading. City ofMiami Page 114 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Mr. Fernandez: Correct. Commissioner Sarnoff I'm sure they'd voluntarily do that. Mr. B. Fernandez: Yes, they will. Mr. R. Fernandez: Yes. Chairman Gonzalez: All right. We have a motion. Is there a second? Vice Chairman Sanchez: Second. Chairman Gonzalez: And there is a second. Vice Chairman Sanchez: On -- Chairman Gonzalez: Vice Chairman Sanchez. Vice Chairman Sanchez: -- discussion, counsel, this is the first time I've ever seen a project come back to us after the MUSP -- Mr. B. Fernandez: Right. Vice Chairman Sanchez: -- so that -- and you've cleared it out, you did and so did the Administration when they sat down with us, the concern that we had and I guess everyone else has is the following that when this project comes back, we want to make sure that there's no modifications to the project where it's not what the original approval was, and having seen that - - you know, I'm a little concern with that disconnect with how this issue happened, and I think that we need to work it -- work on this to make sure that this doesn't happen again, because you know, if you have a project that is signif -- there's significant change and it comes back to us, but how this happened? I mean, I still haven't figured it out how we got to this point where it had to come back. Mr. Lavernia: It was a request from the Fire Department -- Mr. B. Fernandez: Yeah. This is -- Mr. Lavernia: -- and the Building De -- Mr. B. Fernandez: -- one of the earlyMUSPs in 2004 before they all started coming in, and it's not unusual for -- Vice Chairman Sanchez: No. Mr. B. Fernandez: -- something to require a nonsubstantial modification; it happens all the time. It just doesn't come before the Commission. Vice Chairman Sanchez: But I'm not saying that the system is broken -- Mr. B. Fernandez: Right. Vice Chairman Sanchez: -- by far, butt mean, this is the first one that I've ever seen where it had to come back because just a minor -- Mr. B. Fernandez: It is unusual. City ofMiami Page 115 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Vice Chairman Sanchez: Yeah, so I just wanted to put that on the record, so if there's no further discussion, I would call for a vote. Chairman Gonzalez: All right. Mr. City Attorney, would you read the ordinance? We already have a motion and a second. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): And again, for clarity for our records, would the LEED certification modify this ordinance? Mr. Fernandez: No. Chairman Gonzalez: No. Ms. Burns: Thank you. Mr. Fernandez: No. On first reading. By second reading, we will have a covenant proffered where they will have the certification, and that would be an attachment to the ordinance. Ms. Burns: Thank you. Mr. Lavernia: Isn't that covenant including also that the -- this project have to be built in that -- Commissioner Sarnoff I see what you're saying. Mr. Lavernia: -- zoning designation with that FAR, attaching the project to the land? Commissioner Sarnoff I agree, with that amendment, yeah. Ms. Burns: Roll call. Commissioner Sarnoff Well, when they come back for the second reading. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance is passed on first reading, 4/0. Mr. B. Fernandez: Thank you. PZ.13 06-02044zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, BY AMENDING ARTICLE 6, SECTION 615 CONCERNING SD-15 RIVER QUADRANT MIXED -USE DISTRICT IN ORDER TO PERMIT PUBLIC STORAGE FACILITIES LOCATED IN A BUILDING THAT IS 150 FEET OR LESS FROM A MAJOR INTERSTATE HIGHWAY BY CLASS II SPECIAL PERMIT; AND ALSO IN ORDER TO MODIFY THE AFFORDABLE HOUSING CONTRIBUTION IN THE SD-15 DISTRICT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 116 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 06-02044zt - PAB Fact Sheet.pdf 06-02044zt - PAB Legislation.pdf 06-02044zt PAB Reso.PDF 06-02044zt CC Legislation (Version 2) - OLD.pdf 06-02044zt CC FR Fact Sheet 01-25-07.pdf 06-02044zt CC FR Fact Sheet 02-22-07.pdf 06-02044zt CC Legislation (Version 3).PDF 06-02044zt CC FR Fact Sheet 05-24-07.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 the City Commission on November 15, 2006 by a vote of 5-0. See companion File ID 06-02044zt1. PURPOSE: This will permit public storage facilities within 150 feet from a major interstate by Class II Special and will modify the affordable housing contribution in the SD-15 district. NOTE: This item was originally combined as one item with File ID 06-02044zt1. Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado Chairman Gonzalez: All right. PZ.13 and 14 are -- come from the Administration. Lourdes Slazyk (Zoning Administrator): Yes. PZ.13 and 14 originally came to you first reading with one -- as one ordinance. We were asked to bifurcate it. They were doing -- it was amending SD-6 and SD-15. We have bifurcated them, so the SD-6 and 15 amendments are separate before you. PZ.13 is the amendment to SD-15. This does two things. First of all, it allows for public storage facilities, located in buildings that are 150 feet or less from a major interstate highway by Class II. It's only for existing buildings, and the second half of the amendment is to modify the Affordable Housing Trust Fund contribution. We had amended it in the rest of the City to $12.40, and we inadvertently left out SD-15, so this offset from 6.67 to 12.40 to match the rest of the City. The Class II is assurance that each and every one of these applications will be seen by the Planning Department, and it prohibits the public storage from the ground floor, so you still have to have your ground floor retail pedestrian friendly, but allows adaptive use of upper floors for storage on existing buildings, and it was recommended for approval by the Planning Department and approval by the Planning Advisory Board. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on these items, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. Commissioner Spence -Jones: Mr. Chairman, I just have a quick question, and I remember this item. Commissioner Sarnoff is this the same item that came up in front of us in one of the -- and Lourdes, you might want to -- Ms. Slazyk: OK. Wait. City ofMiami Page 117 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Commissioner Spence -Jones: -- at least give us some -- Ms. Slazyk: Wait. Lucia was correcting me. SD-6. The next one is for the existing buildings. This one is -- just says public storage located in a building distance of 150 feet or less from a major interstate highway, but SD-15 is that little piece of the river quadrant where the MRC (Miami Riverside Center) is. SD-6 is the one that's further east of the FPL (Florida Power & Light). This is not for those sites. What was the question? Commissioner Spence -Jones: OK. My question was, I re -- I think I recall this item. Commissioner Sarnoff, you can chime in any time you want, but is this the same item that came in front of us and we was making the adjustment for just one? Commissioner Sarnoff One building. Commissioner Spence -Jones: So the whole policy was changing -- Commissioner Sarnoff Just one building. We'll be changing the McCormick Building. Commissioner Spence -Jones: Yeah. Ms. Slazyk: But it -- Chairman Gonzalez: All right. Ms. Slazyk: -- applies to the whole district. It does not just apply -- actually, McCormick Building is in SD-6. That's the next item. Commissioner Sarnoff Oh. Ms. Slazyk: The SD-15 is the river quadrant district, which is where the MRC is and those couple blocks just around it, it's like a block in each direction. SD-6 is where the McCormick is, which includes a lot more property than that -- theirs. SD-6 also has some other properties just south of the CBD (Central Business District), up Biscayne Boulevard and up near the Omni area. It's more than just one property. Commissioner Sarnoff And this does not apply to existing buildings, right? This -- Ms. Slazyk: This one does not. It's the SD-6. SD-6 is on the Biscayne Boulevard corridor. We don't want anyone building a new public storage facility there, but if you have an older building and you want to find an adaptive use for those upper floors, that's where the SD-6 one limits you to existing buildings. Chairman Gonzalez: All right. Is there a motion on PZ.13? Vice Chairman Sanchez: So move. Chairman Gonzalez: We have a motion. Is there a second? Commissioner Sarnoff I'll second. Chairman Gonzalez: And there is 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. City ofMiami Page 118 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance is passed on first reading, 4/0. PZ.14 06-02044zt1 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, BY AMENDING ARTICLE 6, SECTION 606, CONCERNING THE SD-6, SD-6.1 CENTRAL COMMERCIAL -RESIDENTIAL DISTRICTS IN ORDER TO PERMIT PUBLIC STORAGE FACILITIES LOCATED IN A BUILDING THAT IS 150 FEET OR LESS FROM A MAJOR INTERSTATE HIGHWAY AS ADAPTIVE RE -USE OF EXISTING BUILDINGS BY CLASS II SPECIAL PERMIT, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-02044zt PAB Reso.pdf 06-02044zt1 CC Legislation (Version 1).PDF 06-02044zt1 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: Recommended approval to the City Commission on November 15, 2006 by a vote of 5-0. See companion File ID 06-02044zt. PURPOSE: This will allow certain public storage facilities by Class II Special Permit in the SD-6, SD-6.1 and SD-15 zoning districts. NOTE: This item was originally combined as one item with File ID 06-02044zt. Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: PZ.14. Is there a motion on PZ.14? Vice Chairman Sanchez: Does this --? Commissioner Sarnoff I'll -- Chairman Gonzalez: You covered PZ.14, right? Lourdes Slazyk (Zoning Administrator): Yeah. PZ.14, this is the one that's for existing -- Chairman Gonzalez: For the existing buildings. City ofMiami Page 119 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Ms. Slazyk: -- buildings only. Vice Chairman Sanchez: Right. Ms. Slazyk: You can't build a new one. Vice Chairman Sanchez: So this does the same for PZ -- PZ.13 does the same for the SD-6 district, right? Ms. Slazyk: PZ.14 does the same for SD-6. The big difference is that this is for adaptive reuse only. Vice Chairman Sanchez: Right. Chairman Gonzalez: All right. Vice Chairman Sanchez: OK. Chairman Gonzalez: Is there a motion on -- Commissioner Sarnoff I'll make a motion -- Chairman Gonzalez: -- PZ.14? Commissioner Sarnoff -- Mr. Chairman. Vice Chairman Sanchez: Second. Chairman Gonzalez: Commissioner Sarnoff made a motion, Vice Chairman Sanchez 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. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Chairman Gonzalez: PZ.15 -- Ms. Burns: OK. Excuse me. Is that -- Chairman Gonzalez: -- has been con -- Ms. Burns: -- a vote? OK, and Commissioner Regalado, yes, for 5/0. Passed on first reading. PZ.15 06-01846mu RESOLUTION TO BE CONTINUED BY ADMINISTRATION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13 AND 17 OF ZONING ORDINANCE NO. City ofMiami Page 120 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 11000, AS AMENDED, FOR THE COLUMBUS CENTRE PROJECT, TO BE LOCATED AT APPROXIMATELY 21 SOUTHWEST 15TH ROAD, 1450 AND 1490-92 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 710-FOOT, 56-STORY HIGH MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 219 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 234 HOTEL ROOMS; 211,449 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 6,512 SQUARE FEET OF RETAIL AND RESTAURANT SPACE; AND APPROXIMATELY 596 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-01846mu - PAB Columbus Centre.pdf 06-01846mu CC 05-24-07 Fact Sheet.pdf LOCATION: Approximately 21 SW 15th Road, 1450 and 1490-92 South Miami Avenue [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Tony Recio, Esquire, on behalf of 1450 South Miami, LLC, a Florida Limited Liability Company, Nickel Goeseke, Veronica Cervera Goeseke, Javier Cervera and Alicia Cervera FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Recommended approval with conditions* of a Certificate of Appropriateness on July 5, 2006 by a vote of 5-0. PLANNING ADVISORY BOARD: Recommended denial to City Commission on February 21, 2007 by a vote of 7-1. *See supporting documentation. PURPOSE: This will allow the development of the Columbus Centre project. CONTINUED PZ.16 06-00440xc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 612, REGULATIONS, TO ALLOW SURFACE PARKING IN A RESIDENTIAL ZONE TO SERVE THE COMMERCIAL USE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3885 NORTHWEST 6TH STREET AND 600 NORTHWEST 38TH COURT, MIAMI, FLORIDA, SUBJECT TO THE FOLLOWING CONDITIONS: 1) PUBLIC WORKS APPROVAL TO LANDSCAPE AND MAINTENANCE OF THE SWALE TO PREVENT PARKING AND 2) City ofMiami Page 121 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 PROVISION OF DOWN LIGHTING ON THE LOT. 06-00440xc Analysis.pdf 06-00440xc Zoning Map.pdf 06-00440xc Aerial Map.pdf 06-00440xc Application & Supporting Docs.PDF 06-00440xc Plans with Old Zoning Writeup.PDF 06-00440xc ZB 04-09-07 Fact Sheet.pdf 06-00440xc ZB Reso.PDF 06-00440xc CC Plans with Updated Zoning Writeup.PDF 06-00440xc CC Legislation (Version 2).pdf 06-00440xc Exhibit A.pdf 06-00440xc CC Fact Sheet.pdf LOCATION: Approximately 3885 NW 6th Street and 600 NW 38th Court [Commissioner Tomas Regalado - District 4] APPLICANT(S): Javier F. Avino, Esquire, on behalf of Hasred, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval with conditions* to City Commission on April 9, 2007 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow surface parking in a residential zone to serve the commercial use. Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0291 Chairman Gonzalez: PZ.15 was continued by the Administration. PZ.16, Commissioner Regalado's district, and it is a resolution. Yes, Mr. Lavernia. Roberto Lavernia (Chief of Land Development, Planning Department): Yes. This is a special exception. This -- recently, this lot came for a zoning change to add SD-12; it pass, and this is the special exception to have the parking. The Planning Department is recommend approval because they comply with all of the requirement of SD-12, including egress and egress, lighting, landscaping the wall; everything. They put it on the plan, so it's approval as presented. Vice Chairman Sanchez: Right, but it has to come back to us? Mr. Lavernia: No. This is the come back. Vice Chairman Sanchez: This is it? Mr. Lavernia: This is the special exception, yes, sir. Commissioner Regalado: Mr. Chairman, what this is is this was a change of -- Vice Chairman Sanchez: Oh, OK City ofMiami Page 122 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Commissioner Regalado: -- zoning for -- Vice Chairman Sanchez: I got it. Commissioner Regalado: -- the adjacent area of this medical building located on Northwest 7th Street, right across the shopping center. The -- I remember one issue that a resident had, and it is the air condition -- I mean, the generator -- Lucia Dougherty: Generator. Commissioner Regalado: -- the generator that would make noise and -- Ms. Dougherty: That's correct. Commissioner Regalado: -- send fumes. I remember that was one of the issues that the resident presented when he was here several month ago, so I just wanted to remind that -- maybe there have been some progress or remedy on this case. Thank you. Ms. Dougherty: Thank -- Chairman Gonzalez: Yes, sir. Ms. Dougherty: -- you, Mr. Chairman, members of the Commission -- Chairman Gonzalez: You have an answer to the concern of the Commissioner? Ms. Dougherty: I do. Chairman Gonzalez: Go ahead. Ms. Dougherty: Yes. Since that period of time, you may recall the generator used to come on every week for 30 minutes in order to test it, you know, so what we've done is we've -- have it turned on every two weeks for 20 minutes, and we've also -- a -- we have installed a industrial strength baffle around the generator, and also, additional landscaping, so we think thatHr. Levi is -- doesn't have the same issue with noise as he had before. I've submitted to you a indusfrial report or a report from our engineer telling you the kinds of baffle that we can -- and we have, in fact, installed the indusfrial baffle, which is the highest strength hospital baffle that you can have on a generator. Would you like me to make any further presentation in connection with the special exception? Commissioner Regalado: That was the main issue that it was presented by the resident immediately living at the area. Ms. Dougherty: Perhaps what we should do is open it to a public hearing, and if there's anything in response, then I will -- Vice Chairman Sanchez: I want to hear the -- Ms. Dougherty: -- respond to it, butl have Dr. Stuart Harris with me, as well as Bruce Wilner and Cecilia [sic]Alvarez, who are the owners, as well as the architect, Isaac Sklar, and in the event it calls for rebuttal, I will be available. Chairman Gonzalez: All right. This item requires a public hearing. This is a public hearing. Anyone from the public that wants to speak on the item, please come forward. Good afternoon, City ofMiami Page 123 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 sir. Welcome. Roy Levi: Good afternoon, sir. My name is Roy Levi. I live at 3889 Northwest 6 Street, property immediately adjacing [sic] at 3885 Northwest 6 Street, and second house from the 600 Northwest 38th Court, and addressing the generator, yes, I have not perceived the generator running at all. I thought it was fantastic the way they had put a baffle on the generator to keep it from disturbing the neighborhood. However, they're not as all friendly as it seems to be. They start work at -- they raised the building on 38th Court and Northwest 7th Street, and they started work on it between 6:30 and 7 o'clock in the morning, and so that wakes up -- that wakes me up, and I'm the single-family dwelling that's in -- opposed to this constant concrete. They have an insatiable desire to pave. If it's green, if it's grass, tear it up and pave it, and this is what they want to do; keep paving it. I adjoin this -- to this property. I'm going to be disturbed by the traffic flow coming into the property, and I'd be disturbed by concrete being placed, and if you've seen it or if you haven't seen it, I do have pictures of the parking lot that they have paved and put in some kind of foliage, and I don't find it very attractive at all; that's my opinion. I like my trees much better than theirs, so I'm against the constant concrete pavement going into my neighborhood, and it's going to be a hazard, I think, for my family or for myself. I'm there by myself now. That's perfectly all right. My kids come by and take care of me, so I'm doing well, so I would oppose this constant -- I'm opposed to this proposal, so I'll be back whenever it's necessary, and I thank you very much for your time. Chairman Gonzalez: Thank you, sir. Vice Chairman Sanchez: Thank you, Mr. Levi. Chairman Gonzalez: Anyone else from the public that wants to speak on this item? Seeing none, hearing none, the public hearing is closed; it comes back to the Commission. Commissioner Regalado. Commissioner Regalado: Just for the landscaping. Ms. Dougherty: Yes, sir. Here is the area in which Mr. Levi was opposed to the demolition of the existing building, which was a multistory apartment building on that corner, a couple -- this building was demolished, and the parking lot will be like this. Now here's the interesting thing. When you have an SD-12 overlay, one of the requirements is that you cannot enter the parking lot from the residential portion, so we have a 20-foot landscape buffer that doesn't exist here today, plus a wall, a six-foot masonary [sic] wall separating us from the sfreet, which is the residential sfreet, and there will be no entrance and exit onto the residential street, so here is the 20-foot landscape buffer. This is where Mr. Levi lives. This will be a masonary [sic] wall all the way around. The entrance and the exit to the parking lot can only be on the commercial area, and remember -- if you remember the zoning district map, this -- all of this is a sea of commercial here. This is the area that we are asking for just the landscaped parking lot. Now you may remember the testimony from the zoning hearing. One of the issues that the neighborhood had was the fact that there isn't sufficient parking in the neighborhood. They have to -- whether it's our catering service -- and we have somebody who actually caters this facility -- has to circle the neighborhood any number of times before they can find a parking space to service this area. We have nurses; we have doctors; we have clients; we have employees. We employ about 120 people at the facility, and it's very few parking, so one of the neighborhood complaints is there isn't sufficient parking, and we're trying to address that. We have a facility -- they've been there since the '90s with 120 employees, a third of which live in the City ofMiami, and we would request and ask your support for this special exception. Chairman Gonzalez: All right. Commissioner Regalado: Mr. Chairman, I move to approve the resolution, PZ.16. City ofMiami Page 124 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion on PZ.16, and we have a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. PZ.17 06-02074v 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, ARTICLE 19, SECTION 1901, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-1 RESTRICTED COMMERCIAL, TO ALLOW AN INCREASE FROM 40% TO 50% OF THE MAXIMUM ALLOWED FOOTPRINT: 8,750 SQUARE FEET ALLOWED, 10,998 SQUARE FEET PROPOSED, REQUEST TO INCREASE 2,248 SQUARE FEET, FOR THE PROPERTY LOCATED AT APPROXIMATELY 296 SOUTHWEST 7TH STREET, MIAMI, FLORIDA. Votes: 06-02074v ZB Analysis.PDF 06-02074v Zoning Map.pdf 06-02074vAerial Map.pdf 06-02074v Application & Supporting Docs.pdf 06-02074v ZB Plans.pdf 06-02074v ZB 02-26-07 Fact Sheet.pdf 06-02074v ZB Reso.pdf 06-02074v Appeal Letter.PDF 06-02074v CC Analysis.PDF 06-02074v CC Plans.PDF 06-02074v CC Updated Variance Planning Checklist.PDF 06-02074v CC Legislation (Version 2).pdf 06-02074v CC Exhibit A.pdf 06-02074v CC Legislation (Version 3).pdf 06-02074v CC Exhibit A.pdf 06-02074v CC Fact Sheet.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0292 Chairman Gonzalez: And it's time -- OK. We have an appeal. Lucia Dougherty: I'm sorry. Say it again. Chairman Gonzalez: PZ. 17. Vice Chairman Sanchez: No. That's not an appeal. City ofMiami Page 125 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: Yeah, variance appeal. Roberto Lavernia (Chief of Land Development, Planning Department): It's an appeal from -- Commissioner Spence -Jones: It's in your depart -- your -- Roberto Lavernia: -- the Zoning Board decision of denial of the variance. The Planning Department recommend approval of the variance. They are designing the building in order to maintain a coral rock wall that is existing on site. That is not designated, but it is a contribution. It's a very pretty wall, and they are designing the building in order to maintain that, and for that reason, they need the variance. We recommend approval, and the Zoning Board deny, and that's the appeal that you have in front of you today. Chairman Gonzalez: OK, so it's -- Mr. Lavernia: Lucia is going to explain the project. Chairman Gonzalez: -- an appeal on the Zoning Board decision, right? Mr. Lavernia: Yes, sir. Vice Chairman Sanchez: Open it up to the -- Chairman Gonzalez: All right. Vice Chairman Sanchez: Open up to the public. Let's go. I don't think -- there's no opposition to this, is there? Chairman Gonzalez: Is there any opposition -- Vice Chairman Sanchez: No. Chairman Gonzalez: -- to this item, PZ.17? Anyone from the public to speak on PZ.17? Vice Chairman Sanchez: Brief. Chairman Gonzalez: I see none. Yes, ma'am. Ms. Dougherty: Thank you very much. For the record, Lucia Dougherty, with offices at 1221 Brickell Avenue, here today with Iris Escarra, and we're here on behalf ofAngel Parets and Pablo Orozco, who own this property, and I know that you'll all recognize this property because this is the exit to Miami when you get on I-95 from 7th Street and 3rd Avenue. It's probably one of the least proud buildings, where you can be the least proud of this building as almost any of them in the City. I'm going to ask Iris to pass that around so you can get a close look of it. It is also located in a area that is zoned high -density multifamily mixed use. I mean, this purple portion here is SD-7, which is probably the most intense zoning classification in the City, and here's our property right across the street from it, so when you look at this picture, by the way, this is Latitude right behind it, so that's what you're facing all along this property, and I'm -- I've just asked the architect to provide you with kind of an idea of the kind of scale that is directly across the street from this very modest building. This is 11 stories, 120 feet proposed, and it is directly across the street from Latitude, and this is the -- a current picture of Latitude actually in its place. This is it going up, so it's actually even more intense than you can see it here, so what are we asking for? We're asking to have a footprint variance, and what I've passed out to you this afternoon -- let me just borrow one back, if you don't mind -- is a Zoning Code provision, City ofMiami Page 126 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 which allows the City, by Class II, to waive yards, required open -- off-street parking, height envelope, light plane, or open space in order to preserve some sort of archaeological condition on the site, and here we have an oolite limestone river rock that is on our property that we're preserving. The City archaeologist has asked us to preserve this, and we are doing so, but what it requires us to do is waive setbacks, which the City is granting us to do. What they cannot do under this provision is waive the footprint. We do meet all of our criteria for open space, and we're asking for a very modest footprint variance for this project, so with that -- Vice Chairman Sanchez: All right. Ms. Dougherty: Yes, sir. Vice Chairman Sanchez: Mr. Chairman, I would make a motion granting the variance, overturning the Zoning's Board vote for denial. So move. Commissioner Regalado: Second. Chairman Gonzalez: All right. We have a motion, and we have a second, and that is -- Commissioner Regalado: Let me say just something. In 1955, we spent a year living here in Miami. I was very -- I was a child, and we lived there, and I remember that huge rock, where all the kids in the area used to play, so thank you for preserving that -- Ms. Dougherty: Did you have good memories of living there? Commissioner Regalado: I have good memories of that rock. Ms. Dougherty: Good -- I'm glad you have memories of the rock and not the building. Commissioner Regalado: No, no. The building is gone. Actually, that building wasn't there; it was another building. Chairman Gonzalez: All right. Vice Chairman Sanchez: Call the question. Chairman Gonzalez: It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Ms. Dougherty: Thank you. PZ.18 07-00281 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING THE ATTACHED COCONUT GROVE RAPID TRANSIT ZONE DEVELOPMENT STANDARDS, LOCATED WEST OF SOUTHWEST 27TH AVENUE, EAST OF SOUTHWEST 29TH AVENUE AND BETWEEN SOUTHWEST 27TH TERRACE AND US1, MIAMI, FLORIDA, FOR CONSISTENCY WITH THE COCONUT GROVE RAPID TRANSIT ZONE DEVELOPMENT MASTER PLAN AND ADOPTION OF THE DEVELOPMENT STANDARDS, PURSUANT TO ARTICLE 4 OF ZONING ORDINANCE NO. 11000, AS AMENDED; DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING City ofMiami Page 127 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00281 - PAB Recommendation for master Plan Dev. for CGRTZ.pdf 07-00281 Aerial Map.pdf 07-00281 PAB Reso.PDF 07-00281 CC Master Plan Development Standards.pdf 07-00281 CC City of Miami Letter.pdf 07-00281 CC City of Coral Gables Letter.pdf 07-00281 CC School Impact Review Analysis.pdf 07-00281 CC Legislation.pdf 07-00281 CC Master Plan Development Standards.pdf 07-00281 CC Fact Sheet 04-26-07.pdf 07-00281 CC Fact Sheet 05-24-07.pdf 07-00281 Submittal Doc..pdf 07-00281 Submittal Comprehensive Neighborhood Plan.pdf 07-00281 Submittal Conditions.pdf 07-00281 Submittal E-mail Pastoriza.pdf 07-00281 Submittal Green Book.pdf 07-00281 Submittal Letter Lopez.pdf 07-00281 Submittal Letter Rua.pdf 07-00281 Submittal Map.pdf 07-00281 Submittal Petitions.pdf 07-00281 Submittal Village Council Reso.pdf LOCATION: Approximately West of SW 27th Avenue, East of SW 29th Avenue and Between SW 27th Terrace and US1 [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended denial to City Commission {due to the lack of sufficient detail of: 1) Workforce housing; 2) Public participation; 3) Design standards; 4) Affordable housing; and 5) No maximum F.A.R.} on March 7, 2007 by a vote of 7-0. PURPOSE: This will adopt the proposed Coconut Grove Rapid Transit Zone Development Standards. Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Noes: 1 - Commissioner Sanchez A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, to reject the submission of any transcripts of hearings proffered to be submitted into the public record on behalf of the developer. A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and City ofMiami Page 128 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 passed unanimously, with Vice Chairman Sanchez voting no, to deny item PZ.18, and accept as conditions the revised draft for internal review and the map provided to the Commission. Chairman Gonzalez: OK. Exactly one hour. Vice Chairman Sanchez: You did a good job. Chairman Gonzalez: Really? PZ.18. Vice Chairman Sanchez: All right. Lourdes Slazyk (Zoning Administrator): PZ.18 is a request to adopt the master development standards for the 27th Avenue Metrorail Station site. This particular request is not approval of a project for the site. The actual project will have to go through a separate process with Dade County. These are the standards under which a future project will eventually be reviewed. This, in effect, is like adopting a zoning code for the property. The ultimate approving body for the project at this site, though, is the County. Some of you may remember that back in the late '70s, when the Metro stations were being planned out, the City gave jurisdiction of these sites to the County, so again, the ultimate approving body for the development at the stations is Dade County. The process, though, for the adoption of these standards begins with the County, and the site falls within their Code. As the County Code specifies, the standards have to come to you from the County's RTDIC Committee, which is the Rapid Transit Development Impact Committee, of which the City is permitted two members. For this particular station, the County received a draft proposal of the standards from the lessee, who will also be presenting to you this afternoon. The County then prepared an alternative proposal for the RTD (Rapid Transit Development) to consider. The lessee originally requested something similar to what might be a C-1 in the City ofMiami, which is an unlimited height proposal. That was unacceptable. He amended his proposal then down to about 35 stories, which was also unacceptable. The RTDIC -- the lessee then finally reduced his proposal to about 250 feet. At the RTDIC, we approved 19 stories or 200 feet as a maximum, which is consistent with the approved lease for the site. What you have to remember here is the County has two hats in this; one is as the landlord for the property, and the other is the regulating body. As landlord, the County enters into a lease with the lessee as to what they want them to build. They negotiate lease payments and things like that. As a regulating body, they adopt a zoning code and approve a project for -- which has, you know -- the zoning code establishes your heights, your setbacks, your parking requirements, but under the lease, they're required to do certain things, which they will describe to you when they make their presentation. The City is recommending approval of the standards, as modified by the RTDIC based on findings that these proposed standards comply with the goals, objectives, and policies of the Comprehensive Plan, specifically L U-1.1.10, and the TR-1.5.2. On March 7, 2007, the PAB (Planning Advisory Board) recommended denial of the standards. Their denial was based on concerns that the application lacked sufficient detail in workforce and affordable housing, public participation, design standards, and no maximum FAR (floor area ratio). With respect to the workforce and affordable housing, the standards that were approved by the RTDIC before you tonight require that 12.5 percent of whatever housing they do on this site must be workforce housing. There is -- the standards say that they must have housing on the property, and through their lease, they have over 200 units that they're proposing for here, so of that, 12.5 percent has to be workforce housing. Vice Chairman Sanchez: Workforce. Ms. Slazyk: Some of the objectors at the PAB thought that because this was public property, it should be all affordable housing, and what the County and, I think, what the City really would like to see at this station is mixed use. The way the development standards were approved, there is minimum square footages in a variety of uses, which will ensure mixed use at this station, and that is really how you get the most viable transit oriented development, which is what this station City ofMiami Page 129 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 is. Regarding public participation, the PAB -- there was some concern that throughout the process with the County, the lease was changed, and that did go through a public process at the County, and it went to the County Commission for approval, but the PAB felt that maybe there was not enough public participation in that process. Unfortunately, that's a County process. It's not a City process, so I'm not sure that that concern makes sense for PAB to deny public participation at a County level, and the last was they had a concern that there was no maximum FAR. The County Comprehensive Plan states that a station of this type has a minimum FAR of 1.5. What the standards do is they adopt the height limits, open space requirements, setbacks, and all of the other parameters that will determine an envelope for the site, so they don't really give a maximum. It's a minimum, and then minimum square footage is within each of the development types. Also, with respect to consistency of these standards with the surrounding area, this site is surrounded by commercially designated property within the Comprehensive Plan. Across 27th Terrace, there is zoning of R-2, but the land use for that same property is restricted commercial. This is because years ago when we knew the station was being planned for this site, the City knew that once the station was developed, we wanted to change the zoning around the station to a mixed -use classification in order to provide a fransition between the station and that duplex neighborhood, so we designated the land use restricted commercial. Right now their zoning is R-2, and once a project is approved for the station, what should happen in that area is that the zoning should be changed to a mixed -use classification, work/live, or you know, a limited commercial district in order to provide the fransition. At the RTDIC, the City requested that an amendment be made to these standards to include a 75-foot height limit along the 27th Terrace portion of the station site in order to provide that fransition in height from the 200 feet or 19 stories that was approved for the US 1 portion of the site. With that, I'll let the lessee make their presentation. If you have any questions, I'll be here. Commissioner Sarnoff I do have some questions. Ms. Slazyk: OK. Chairman Gonzalez: Me, too. Commissioner Sarnoff Mr. Chairman. Chairman Gonzalez: Yeah. Commissioner Sarnoff Ms. Slazyk, first place, the lease was signed seven years ago, correct? Ms. Slazyk: I don't know the dates of the lease. The County doesn't -- they didn't include us in their lease negotiations. It's their lease. Commissioner Sarnoff OK. In 1999, the developer proposed a 14-, a 10-, and a 1-story building for approximately 250,000 square feet, correct? Ms. Slazyk: That did not come to the City either. It's my understanding from the RTDIC that that was the case, but they did not come to the City for that. Commissioner Sarnoff OK, and then in 2000, he proposed 19, 19, and 1, for an increase of 200,000 square feet, or a total of 450, 000; correct? Ms. Slazyk: That's what the currently proposal is. Commissioner Sarnoff And in 2006, he propose a 35-, a 35-, and a 25-story building for 1.5 million square feet, correct? Ms. Slazyk: That was rejected, but there -- that was one of their draft proposals. City ofMiami Page 130 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Commissioner Sarnoff OK, and to give a perspective, that would be -- the Datran entire center down by Dadeland Mall -- Dadeland, I should say, is a one million square foot, collectively; correct? Ms. Slazyk: I don't know. I'm assuming you have your -- I don't know what Datran is; it's outside the City -- Commissioner Sarnoff OK. Ms. Slazyk: -- but the proposal today before you is not 35 stories; it's 19 stories. Commissioner Sarnoff Well, let me ask you one other procedural -- Ms. Slazyk: Sure. Commissioner Sarnoff -- question. Something called an S A A-D, or a SAAD [sic] plan? Ms. Slazyk: The SADD (Station Area Design and Development). Commissioner Sarnoff Right. The County requires when a mixed -use project is proposed within proportions of the Rapid -- RTZ, Rapid Transit Zone, passing through municipalities, the Station Area Design Development Program, the SADD, a joint municipal County program shall prepare a proposed master plan development for such proposed uses. The development standards before you today for the 27th Avenue Metrorail project did not go through the SADD process, correct? Ms. Slazyk: My -- Commissioner Sarnoff In fact, the development standards -- Ms. Slazyk: -- yeah. My understanding is that that's what the RTDIC did. It was a joint -- the City has members on the RTDIC; the County prepares it, and the City and County together recommend the standards that then come to you for adoption. Commissioner Sarnoff Well -- Ms. Slazyk: My understanding is that's the process we went through with the RTDIC. Commissioner Sarnoff Then why would the former director of Planning and Zoning write as follows, when she's responding -- this is Diane O'Quinn Williams to Nick Nitti. "That's a good question because the Code says, per Section 33(c)2(d)9(d), that the standards are prepared by the S-A-A-D [sic], SADD program, which is a joint municipal County program. That is the process that Guillermo O. thought we should be going through," but we're not going through because the SADD program does not exist. Ms. Slazyk: The SADD program -- we have an SADD for the Coconut Grove Station, the one that was prepared in the late '70s. When each of these stations has come before this City Commission, we look at that original SADD, and our recommendations are based on whether that -- the proposals before you today, which is a joint process through the RTDIC, whether those proposals are consistent with the original SADD for each station. We have one for each station in the City -- Commissioner Sarnoff Well, what -- City ofMiami Page 131 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Ms. Slazyk: -- but they were prepared in the late '70s. Commissioner Sarnoff IfI'm a citizen and I'm sitting here --I know we, as Commissioners, are always going, "Where's the MUSP (Major Use Special Permit)?" Because we want to look at something. We want to get an idea -- and I don't think any of us here are architects, and we want to know what is a million square feet? Is that a lot or is that a little? All right. You sit on this Board long enough, you know that's a lot, but 200,000 square feet, is that a lot or is that a little? How do you form that 200,000 square feet? What does that envelope of that 200,000 square feet going to mean? Ms. Slazyk: Right. Commissioner Sarnoff A 1.7 FAR; that means something to somebody sitting over here; it may mean a whole lot less to somebody sitting over here; it may have no meaning to the people sitting out in that audience. A 5 FAR probably puts you on your heels 'cause you know what it means. An 8 FAR; you probably would always say is too big. Doesn't the SADD process -- actually, it's -- kind of is a sad process -- but doesn't the SADD process, at a minimum, suggest that the citizens be afforded the opportunity to look at what the building envelope would look like, to look at the confines of what an FAR is? But they don't have that before them. Ms. Slazyk: Well, the thing is, they can't design a project for this until the parameters under which the project can be designed are approved. There is no zoning on the station sites until these development standards are approved. Commissioner Sarnoff I understand, but aren't you putting the cart before the horse? Because if I'm a citizen, this is their opportunity. This is especially a City ofMiami citizen's opportunity that lives within three blocks of this to say I want to have an idea what I'm going to -- I want to have an idea what's going to be built around a house that I've been paying for the past 20 years. You know, I want to know how massive this project is, and all we're doing is talking numbers, and those are illusory numbers to a person that has -- look, I've been on this Board the least, and I basically almost know what a 1.7 FAR is. You know, the Chairman may know a 4 FAR and say, Commissioner Sarnoff, that's a huge building, and I may just about be able to understand that, but for the citizens to understand that, doesn't the SADD process dictate or at least suggest that there be some sort of a pictorial envelope that the folks out there would understand what they're going to get next to their homes? Ms. Slazyk: It's no different than any of-- than the rest of your Zoning Code, or even the Miami 21 Code, or any zoning code. The numbers are going to dictate that envelope, and they're very clear in here. Chairman Gonzalez: Not really. Ms. Slazyk: It's 200 feet, or 19 stories. Your -- Chairman Gonzalez: Not really. Ms. Slazyk: -- footprint limitations are here. Your setbacks are here. The parking requirements are here. They're no different than any other code. They know that in no event will this thing be more than 200 feet tall. You know that it's going to be setback "X" amount of feet from each street. You know that the -- you know, those parameters are in here. Commissioner Sarnoff I think, Lourdes, for you, who does this everyday -- Ms. Slazyk: Yeah. I -- City ofMiami Page 132 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Commissioner Sarnoff -- it may be very comfortable, it may be very easy. I do this twice a month. I know the Chairman has more experiences than I do. I mean, I have vague ideas of what you're speaking of. I can only imagine what a citizen has when they suddenly hear we're going to have three buildings; two are going to be setback 75 feet from the 25-foot corridor, with a possible FAR of 1.7, and we may allow them, with a silver building, to go to a 2 FAR. I mean, I don't even know what that means myself. I can't even begin to imagine what a person who lives in their neighborhood -- and that happens to be very close to my neighborhood -- Chairman Gonzalez: And they don't even know what the building is going to look like. Commissioner Sarnoff Sure, and you suggest Miami 21. You know, I've been saying, in Miami 21, can you just show me a picture? You know what want to see? I want to see what would that building have looked like before Miami 21. What will that building look like after Miami 21? So I use your example. Now I'm not a pro at this. I'm not even suggesting I am, butt still want to see the picture. Chairman Gonzalez: Yeah. Commissioner Sarnoff I still want to get a pictorial understanding, and forgive me, but I've seen my colleagues, and I've seen them say, "Can I see the MUSP?" 'Cause everybody wants to see what are we talking about. Chairman Gonzalez: Exactly. Ms. Slazyk: Yeah, but before an architect can design the building for thatMUSP, they have to know what their code lets them do, and what you're doing here is adopting the code. They now have to go through a whole nother public process to get the building approved. That's when we see the pictures, but who's going to pay architects to go design a building when they don't even know what the code is going to be? And -- Commissioner Sarnoff So -- Ms. Slazyk: -- it is -- it's a little bit -- Vice Chairman Sanchez: It's a County process. Ms. Slazyk: -- and I understand -- Commissioner Sarnoff Oh, I understand it's a County process. Ms. Slazyk: -- the confusion, but you know, that's why this goes to the County Planning Department and the City Planning Department, and that's why we review and we make recommendations to you because there -- you know, we look at the context of the area. You have buildings approved on either side of this that are between 160 and 200 feet tall. This is 200; it's consistent. It's consistent with the Comprehensive Plan, and that's why we make recommendations to you, but the project itself will go through a whole nother public process and hearings. Commissioner Sarnoff That's the first time I'm hearing that, so -- Ms. Slazyk: Oh, yeah, it has to. It's going back to the RTDIC and the County Commission. Commissioner Spence -Jones: Lourdes, can I ask you one quick question, just piggybacking on Commissioner Sarnoff? The project that took place in our disfrict, I guess we sharing the disfrict, the TOD (Transit -Oriented Development) -- City ofMiami Page 133 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Ms. Slazyk: Santa Clara? Commissioner Spence -Jones: Santa Clara. Ms. Slazyk: Yeah. That's not a TOD. It's a -- it's all residential. To be a real TOD -- Commissioner Spence -Jones: It has to be a part of the -- Ms. Slazyk: -- it has to be more mixed use. Chairman Gonzalez: But actually, that's a box. It is what it is. It's a big box. Ms. Slazyk: Because that one came in -- Chairman Gonzalez: Santa Clara. Ms. Slazyk: -- as an affordable housing project -- Chairman Gonzalez: No design -- Ms. Slazyk: -- at the transit station. Chairman Gonzalez: -- no nothing. Ms. Slazyk: Yeah. Chairman Gonzalez: I mean -- I got two or three of these in Allapattah, so I know what you going through -- Ms. Slazyk: Right, and I think the vision for this particular -- Chairman Gonzalez: -- but I'm also -- Ms. Slazyk: -- station is a true mixed use. Chairman Gonzalez: -- told that the County has the right to build whatever they want to build there, right? Ms. Slazyk: My understanding from the County attorney -- because I asked this very question at the RTDIC meeting. I wanted to know what had happened with Santa Clara, and -- Commissioner Spence -Jones: Yeah. Ms. Slazyk: -- his response to me -- because when that came to this Commission, the standard, just like you have today, the City Commission did not recommend approval, and my understanding -- Commissioner Spence -Jones: That was the -- Ms. Slazyk: -- is that it -- Chairman Gonzalez: And the County build it anyway -- Ms. Slazyk: -- went to -- City ofMiami Page 134 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: -- so we're wasting -- Ms. Slazyk: -- you know -- Chairman Gonzalez: -- our time here today. Ms. Slazyk: Well, yes and no, but let me finish because I don't think it's a waste of time. You absolutely have the right to adopt this. If you don't adopt it, one of two things can happen. It will either go on to court, or it goes back to the RTDIC to continue working on the standards. What Santa Clara chose to do was go to court, and they won, and it came back to this Commission, and this Commission approved it on the second go -round because of -- Chairman Gonzalez: Yeah, but they had -- Ms. Slazyk: -- after the litigation. Chairman Gonzalez: -- to go through court first. Ms. Slazyk: Right, but it did -- it was not the County that overrode it is what the County attorney told me. The County didn't override the City Commission. They do have a right to override the City Commission when the project is a government project, which they would have for the Overtown. That's also an S -- it went through that same process, but that was for a County facility. They could have overrode this Commission, and for the WASA (Water and Sewer Authority) at 37th. There they did override us, I think, so in certain projects, they have the right to override us; in others, it would either go back to RTDIC or to court, like Santa Clara did -- Commissioner Regalado: Mr. Chairman. Ms. Slazyk: -- but you absolutely have a right here to -- Commissioner Regalado: OK. Ms. Slazyk: -- make an -- Commissioner Regalado: Yeah. We do have a right, but what I like to know is this is one project. Now the County is issuing another RFP (Request for Proposals) for the 37th Avenue -- Ms. Slazyk: I just heard that myself yes. Commissioner Regalado: -- so the question is, to what extent can anybody build there? I mean, is there any limits that the City can place, or is it everything about court, and by the way, they can go, as was told by the City Attorney, and appeal to the County Commission the ruling of the City Commission. Ms. Slazyk: And I had not heard that from the County attorney, butt guess that's -- there -- because this is governed by the County Code. Commissioner Regalado: I understand that. Ms. Slazyk: Yes. Commissioner Regalado: I understand that. I mean, the biggest mistake ever done by the City is gave the City's right-of-way on -- City ofMiami Page 135 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Vice Chairman Sanchez: May -- Commissioner Regalado: all the -- Vice Chairman Sanchez: --I? Commissioner Regalado: I mean, Commissioner Sanchez had, I remember many years ago, the issue of -- Ms. Slazyk: The Vizca -- Commissioner Regalado: -- the Children's Museum -- Ms. Slazyk: Yes, at Vizcafran Station, yeah. Commissioner Regalado: -- on the Vizcaya -- Ms. Slazyk: Yep. Commissioner Regalado: -- thing, but I'm telling you, the kind ofRFP that the County is issuing for the 37, after the House of Lies situation that they had there, it's like a huge, huge, huge building, which by the way, it would impact the same to Golden Pines -- Ms. Slazyk: Yes. Commissioner Regalado: -- the same thing. Ms. Slazyk: What'll happen there is the same as here. There'll be the -- Chairman Gonzalez: All right. Ms. Slazyk: -- Rapid Transit Development Impact -- Commissioner Regalado: Yeah, but -- Ms. Slazyk: -- Committee, and then it'll come to you. Commissioner Regalado: -- my question is, what kind of legal recourse we have to stop or change the final product, not what we're doing here, the final product? Vice Chairman Sanchez: None. Chairman Gonzalez: None. Vice Chairman Sanchez: None. Maria J. Chiaro (Assistant City Attorney): Ultimately, it is Miami -Dade County that has the final say on what is on this -- Chairman Gonzalez: Yeah. Ms. Chiaro: -- property. This process allows for this, as you know, Commission to make a recommendation for approval or a recommendation for denial. With the recommendation for denial, the position and the adjustments that this Commission might want can be appended to the recommendation for denial, but there are not modifications allowed from this City Commission. City ofMiami Page 136 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Ultimately, the -- Miami -Dade County has the authority to basically overrule your denial. Chairman Gonzalez: All right. Commissioner Regalado: And what is the area Commissioner position in that -- from the County, or has this gone to a County committee or a County Commission committee or --? Ms. Slazyk: Not that I know of. Maybe the lessee's attorney can answer that. Vice Chairman Sanchez: Well, it did go to the Rapid Transit Development -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- Impact -- Chairman Gonzalez: Let's -- Vice Chairman Sanchez: -- Committee, right? Chairman Gonzalez: -- try to -- Ms. Slazyk: Yes. Chairman Gonzalez: -- start the process because, otherwise -- Ms. Slazyk: Yeah. I mean, he -- Chairman Gonzalez: -- we will never hear anyone. Ms. Slazyk: -- I'm sure Gil -- Chairman Gonzalez: I think you want to -- Ms. Slazyk: -- can answer some of those -- Chairman Gonzalez: -- say something. Ms. Slazyk: -- questions. Vice Chairman Sanchez: Mr. Chairman, ifI may. I think we're missing the point here. It's all about jurisdiction here, OK,• what role we have and what role the County has. The County has the jurisdiction -- Ms. Slazyk: Yes. Vice Chairman Sanchez: -- in the Metrorail station. Ms. Slazyk: Yes, they do. Vice Chairman Sanchez: There is a process. We don't control that process. Ms. Slazyk: No, we don't. Vice Chairman Sanchez: That process goes in front of the County. The residents could go in front of the County. The residents are going to have the same ample opportunity to address the City ofMiami Page 137 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 development. They're going to have an opportunity to go through the entire process on the County side. We just say nay or yea, and with the recommendation that's presented to us. I think that -- let's hear the presentation. We're going to be listening to a lot of people that are going to be talking on the item, and then at the end, we'll debate it, and at the end, it's just going to be whether we support the standards or we don't support the standards presented to us by the Miami -Dade County Rapid Transit Development Impact Committee, and then the Commission won't have to deal with it. Chairman Gonzalez: All right. Mr. Pastoriza. Gilberto Pastoriza: Mr. Chairman, good afternoon. Gilberto Pastoriza, 2525 Ponce De Leon, 7th Floor. First of all, I would like to congratulate and wish a happy birthday to Commissioner Regalado, and I would -- I'm going to go off -- a little bit off of my outline because I feel thatl need to respond to certain comments that have been made here. First of all, there was a Station Area Design and Development done on this rapid station site, and I would like to submit that for the record. Then there was an issue of wanting to see a project. Well, it is very difficult for anybody to be able to design a project at this stage of the game. At this stage of the game, all that you're doing is you're creating a mini zoning code for this particular property. Once you create this mini zoning code, then we're going to hire an architect who's going to design a building based on that mini zoning code. There was talk here about the 37th Avenue Douglas Station. We have -- I have here with me today a distinguished cast of characters from Miami -Dade County. I have Bruce Libhaber, who is the County attorney, Mr. Frank Talleda, who is from MDTA (Miami -Dade Transit Authority), Ann Hernandez, who is also from MDTA, and Nick Nitti, who is from the Planning and Zoning Department, and that station site has been put on the market for sale. Now with regards to the process, which is one of the things that was going to get into my presentation in detail so that everybody can understand what the process is. I would -- before I start, I would like to put some things into the record, if you don't mind. I would like to make part of this record, by reference, all the documentation, studies from experts, testimonies, and exhibits that were filed with Miami -Dade County in connection with this matter. I would also like to put into the record the transcripts -- because we've had several hearings on this matter already -- of the Rapid Transit Development Impact Committee hearings of 11/29/06 and 1/24/07. Commissioner Sarnoff Why would we accept those into the record here? What pos -- Mr. Pastoriza: Because I am allowed -- Commissioner Sarnoff Wait, wait. Let me ask a question because I want to ask the City Attorney. Why would we submit something that no Commissioner is going to read into the record so that that will be submitted as if we could have or should have read them? Ms. Chiaro: It is within your -- Commissioner Sarnoff Well, if they're going to be submitted in, then I want to read them, and I'm not going to make a decision so that he can have an appellate remedy without me having the opportunity to read them, and I will bet -- Ms. Chiaro: You do not need to accept them as part of the record. It is with -- it is up to the City Commission if they are accepted as part of the record. Vice Chairman Sanchez: When have we ever denied anybody --? Commissioner Sarnoff Well, why would you set yourself up for that? Why would you --? Vice Chairman Sanchez: Why have we --? I don't -- I've been here for nine years. I've never -- City ofMiami Page 138 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 we've never denied anybody the opportunity to present any evidence. Commissioner Sarnoff Are you going to read that evidence? Vice Chairman Sanchez: I might. Commissioner Sarnoff OK, then I think we should all take an adjournment because I think those are probably voluminous transcripts. Vice Chairman Sanchez: Commissioner, I've been here nine years. I don't think we've ever denied anybody the opportunity to present evidence into the record. Commissioner Sarnoff But why would you accept something into the record you have no ability to read? Mr. Pastoriza: Commissioner, it's then your position that cannot introduce those hearings, which already took place -- Commissioner Sarnoff Not at all. Mr. Pastoriza: -- as part of the --? Commissioner Sarnoff I'm suggesting, if you'd like me to submit -- if you'd like me to consider them, then I could not vote today. Mr. Pastoriza: I don't know. I'm not too clear, butl think you were -- Commissioner Sarnoff I want to be clear to you. Mr. Pastoriza: -- at one of those hearings. Commissioner Sarnoff I was at that hearing for about 15 minutes -- Mr. Pastoriza: OK. Commissioner Sarnoff -- so if you'd like me to base my opinion on the 15 minutes of the hearing, I could restrict myself to that. If you'd like me to -- if you're going to put evidence into this record that I'm expected to read, then I should have the opportunity to read that evidence. Mr. Pastoriza: OK, so that concludes my procedural issues. You know the property in question is west of 27th Avenue, between 27th Avenue and 29th Avenue, and between 27th Terrace and US 1. At the outset, I would like to make it very clear that Coconut Grove Station Development, LTD, which is, by the way, the lessee under the lease with Miami -Dade County, that Coconut Grove is not seeking any road closures, and that there will be no need for any eminent domain or takings of any action will be required in the eventual development of this property. The only property that is before you today and the only property to which this standards will apply are the property that is owned by Miami -Dade County and which constitutes the 27th Avenue Rapid Transit Station. I would also like for this Commission to understand that Coconut Grove has certain development obligations under the lease that it needs to fulfill. We believe that the standards which have been recommended by the County'sRapid Transit Development Impact Committee, which by the way, include a City staff members, and is also recommended by your Planning and Zoning Department, are the minimum standards under which we can meet our lease obligations. The process. Miami -Dade County, under its home rule powers, has designated certain lands along the rapid transit system as rapid transit zones. The property in question is designated rapid transit zone. The County has vested jurisdiction over these rapid City ofMiami Page 139 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 transit zones for all zoning and building approvals. The County Code also sets a process for approving development within these zones that come within a municipality. The process requires that master plan development standard be created first. These standards are then submitted to the County's Rapid Transit Development Impact Committee for their review and recommendations. In situations such as this, where the station property lies within a municipality, the County Code provides that "such proposed master plan development standards shall be submitted to the appropriate municipality for review and adoption." Once the Commission adopts these standards, there will be a project that will be designed in accordance with those standards. Once the project is designed, the project undergoes further review. The project is reviewed by the Rapid Transit Development Impact Committee, and it's reviewed by the Board of County Commissioners. There is -- and I think, Commissioner Regalado, you asked this question, whether there is public input and whether the City has any say in the ultimate project that will be approved here, and the answer to those questions is yes, in two ways. First, there are two members of your City staff that sit with the Rapid Transit Development Impact Committee. Second, when the public hearings is before the Board of County Commissioners, the advertisement that that Commission generates is almost three time greater than the advertisement requirements for a matter in the City ofMiami. On a matter like this, the City of Miami would require notice to neighbors within 500 feet. The City Code -- the County Code requires notice to neighbors for around 1,250 feet, or a quarter of a mile, I believe, so there is an opportunity not only for the City, but there's an opportunity for all the citizens who live around this site to have input and to have a say when a project gets designed. We don't have a project today. We just have a set of parameters, a small zoning code. The land development standards that are before you tonight have undergone an extensive County staff and RTDIC review, and are being recommended by both for approval. You're not recommending a project. You're just recommending a code so that we can build onto -- you know, from that code. Coconut Grove, as a tenant, under the lease with the County, is very supportive of these standards, and we urge this Commission to adopt them. We believe that the proposed standards are consistent with the City's Comprehensive Plan and are compatible with the area. Just to give you a sense of perspective -- and Lourdes touched upon it -- when this -- when these standards first came about, there were standards that, as we've gone along, have been -- every time that we go through, the standards have been decreased. Just to give you an example, density was originally set at 300 units. The standards that you have before you today are 125 units to the acre. When we originally submitted standards, the standards were for unlimited height; the height that you have before you today is 200 feet, or 19 stories, whichever is less, so this parameter or this standards have evolved, and every time that it has evolved, it has evolved in a sense of downsizing what can be built on this project -- on this property. In arriving at these standards, both Miami -Dade County and the City ofMiami have made a finding, that they are both consistent with both comprehensive plans, and they are appropriate for a transportation -oriented development at the 27th Avenue Meforail station site. I think that even the most skeptic of people out there can understand and can accept that planning principles dictate that high -density, high -intensity development needs to occur in close proximity to major transportation corridors, more so where rapid transit is also provided along these corridors. This principle is supported by a number of studies, and this board illustrates some of those studies that support these principles, but I think of greater importance is that your Comprehensive Plan expressly supports this concept. Policy TR-1.5.2 provides that the City's land development regulations will direct high -density commercial and residential development and redevelopment in close proximity to Metrorail and Metromover stations. The property in question is not in close proximity to a Metrorail station. It is in the Metrorail station, and I would like to just give you a copy of-- The property's also at the intersection of two major arterial roads, Southwest 27th Avenue and US (United States) Highway 1. This property is the right property for these standards. Besides TR-1.5.2, we have also identified about ten other comp plan goals, policies, and objective where that this [sic] proposed standards are consistent with. I do -- I'm not going to talk to all -- about all of them. I'll give you a copy of the ones -- I would just want to mention one of those prop -- one of those goals, policies, and objectives that I handed out to you, which is TR-1.5.12, which provides that the City, through its intergovernmental coordination policies, will support Miami -Dade County City ofMiami Page 140 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 in the implementation of individual projects to achieve the regional objective to increase the share of transit ridership. The proposed standards, which were approved by the County, and which required a mixed -use development at the station site, will certainly increase transit ridership. These standards will allow less development on this property when compared to C-1 commercial properties and/or designated restricted commercial properties surrounding the station site. For example, C-1 properties allowed a density of 150 units to the acre. The parameters cap density at 125 units to the acre. Height in the C-1 district is unlimited. The standards cap height at 200 feet or 19 stories, whichever is less. They also provide for a step-down so that when we build closer to 27th Terrace, the height there is limited to 75 feet. Open space in the C-1 district is ten percent. These standards require 15 percent of ground -level open space accessible to the general public. Under the C-1 standards, the developer has the option of either developing the property with a single use or a mixture of uses. The standards will create a fruly mixed -use development here because it requires -- it's mandatory that we do retail, residential, office, supermarket, and civic uses which, at a minimum, shall include a child daycare center. The standards require a minimum of 12 and a half percent of the proposed residential units to be workforce housing. To the best of my knowledge, at this time, the City does not have this requirement as part of their Code. Development under the C-1 regulations do not incorporate urban design features. These standards require the incorporation of many urban design features; 19 to be exact. These include wider sidewalks, the lining of parking structures with habitable and/or architectural features, public open spaces connected to the station and many others. What I'm trying to say to you, Commissioners, is that these standards provide greater controls so that, at the end of the day, you have a development which is lower in quantity but much higher in quality. Mention was made of the Santa Clara development. We -- the standards that you have before you today are much more stricter than the Santa Clara standards that were approved some time in the early 2000. For example, in the Santa Clara standards, density was not capped; 125 to the acre is here. Height was cap at 250; 200 here. There was no requirement for a fruly mixed -use project in Santa Clara, and that's why you have mostly a residential project, and then finally, there were only eight broad design features, urban design guidelines in the Santa Clara project; we have 19 here. The surrounding development -- and Mr. Guillermo Olmedillo who is our expert -- will talk a little bit about the surrounding development. What I just want briefly to mention that the City approved a Major Use Special Permit just north of this site at 2701 Southwest 27th Court. It's also in the process of permitting an as -of -right development immediately west of our property. The proposed standards are both consistent with these developments. The City Commission recently approved a development at 3760 Bird Road, which is in close proximity to the Douglas Rapid Transit Station, which is more dense and intense than this proposed standards. Just to give you an example, the height on that building was 291 feet. I'll sum it up by saying that higher density and intensive development needs to occur at Metrorail sites, where the infrastructures are in place. These are the right standards for the right property, and Mr. Olmedillo is going to talk to you a little bit about some of the historical perspective and some compatibility issues, and then I would like to sum it up with a couple of little matters that I think are very important with regards to our lease and to some of the obligations that we have in our lease. Thank you. Guillermo Olmedillo: Good afternoon, Mr. Chairman, members of the Commission. Guillermo Olmedillo, 330 Greco Avenue, Suite 108, Coral Gables, Florida. We're here after a very long process, and people sometimes are not aware where these ideas begin. This transit station began when the people ofMiami-Dade County voted for a bond issue to support rapid transit in Miami -Dade. It goes back that far because when you make that decision, you have a number of decisions along the way that you have to make after that. There was a recognition then, and there's a recognition now in all planning practice that the only way that you can handle traffic congestion is through mass transit, and particularly, through rapid transit. These are the only solutions. Now the complementary decisions that were made through public processes were, one, the location of the stations. Stations were located -- the location of the station was chosen after analysis of the corridors; where they had to be located, where were more efficient, whether there was sufficient amount of land, where the impact would be best handled. The County and City ofMiami Page 141 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 the City went through a number of public hearings to determine those parameters. The approval process -- we talked about the SADD. The SADD -- many people remember, in the mid-70s, the City and the County and the other cities that were involved in the location of the stations went through the Station Area Design Development. One thing that I have to call to your attention is that throughout all those meetings with the community -- and there are people here that I recognize that attended those meetings going way back -- there was a determination that there was going to be a higher intensity and a higher density of use around the station, and one thing that was made very clear is that the station property is different than the station area. The station property is one of the reasons why Miami -Dade County sat down with the cities and worked out a process and the retention of the zoning authority for the County because the County wanted to preserve the rights on the properties where the stations were to be located. One of the things that the County first looked at was the way to increase ridership. Unfortunately, the market was not right to create development at all the transit stations, the rapid fransit stations. The market has taken time to mature. Remember, we started this in the mid-70s, early '70s. Now is when it's coming to fruition. Now is when you're seeing development on the stations, but that has been part of the process. In 1997 -- and I can attest to it because I negotiated that agreement from the County with the DCA (Department of Community Affairs) secretary, Jim Morley (phonetic). Jim Morley (phonetic) stated and sent a memo to Miami -Dade County and said, "In no uncertain terms, you have to place population density and intensity of activities around your fransit station. You will not expand the urban development boundary." It was a very important determination made by DCA, and it was a mandatory comment made by DCA back in 1997. Now what you have done as a city to implement these conclusions is that when your staff prepare the comprehensive development master plan, or the MCNP (Miami Comprehensive Neighborhood Plan) for the City, you will see that in blue is the station property. Everything around the station property is restrictive commercial, which corresponds to a C-1 district. This is the station property in blue. Every single property that touches as a neighbor to that particular property is restrictive commercial, which, as I said, in zoning terms, corresponds to a C-1. When you want to review compatibility with the area, you have to base your compatibility analysis on what your Comprehensive Plan say, but in addition to that, what you have is that via 27, which is located right across -- almost across the street, is approved to 174 feet of height. Luxor Residence, which is down on 27th Avenue, 177. Vice Chairman Sanchez: How tall is that? One seventy-four is what, 13, 14 stories? Mr. Olmedillo: One seventy-seven can be about 14 stories; 207, Terrazas, which is right next to the west of the property -- as you can see, it's our neighbor -- that's 207. Vice Chairman Sanchez: That's -- Olmedillo: The proposed project has a height limitation of 200, or 19 stories, whichever is less, so -- Crook & Crook, as of right, can have up to 276. Grove Hill Tower, which is farther away, is 224, and Grovenor is 341. These are to the south of-- south and east of 27th Avenue, but if you look at the properties that are immediately around the subject property, the property owned by Miami -Dade County, the station property, you can read one, two -- excuse me, one, three, and five, and you can see that from the standpoint of compatibility, it is compatible. Commissioner Sarnoff Is there -- I'm sorry. -- a building at Crook & Crook right now? Mr. Olmedillo: No. What we're suggesting -- Commissioner Sarnoff You weren't suggesting to this Commission that there was a building on Crook & Crook? Mr. Olmedillo: No, no. What I stated is that -- City ofMiami Page 142 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Commissioner Sarnoff You're stating what could be built there. Mr. Olmedillo: This is the potential -- Commissioner Sarnoff There's no -- right. There's no application from Crook & Crook. Mr.Olmedillo: Not that I know of Commissioner Sarnoff OK. Vice Chairman Sanchez: I think that the appropriate question is what are the applications now that have been filed for projects that surround this site? Just the ones that have -- Mr. Olmedillo: That have been approved. Vice Chairman Sanchez: -- are in the process of applying an application. Mr. Olmedillo: One and three, which are more -- Vice Chairman Sanchez: One and three -- Mr. Olmedillo: -- to the point -- Vice Chairman Sanchez: -- and that's a 14-story -- Mr. Olmedillo: -- it's one seventy -- Vice Chairman Sanchez: -- and then the other one's about what, 19 -- Mr. Olmedillo: Two hundred and -- Vice Chairman Sanchez: -- 20 stories? Mr. Olmedillo: -- seven feet. Two hundred and seven feet. Vice Chairman Sanchez: OK, but those are the only two? Mr. Olmedillo: Those are the ones that -- Vice Chairman Sanchez: All right. Mr. Olmedillo: -- are right next to it. This one is approved also, and these are approved, but I'm talking about the ones that are almost touching the project. Vice Chairman Sanchez: But I -- listen, I agree with the Commissioner. I -- for you to say Crook & Crook could have a building as high as 277 -- Mr. Olmedillo: And I mentioned from the beginning this is the potential that can be achieved on that site. Commissioner Sarnoff Not after Miami 21, it won't be. Vice Chairman Sanchez: Yeah. All right. City ofMiami Page 143 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Mr. Olmedillo: But in conclusion, what I wanted to express to you is, one, the parameters are consistent with the Comprehensive Plan for the City; are consistent with the Comprehensive Plan of the County; are consistent with the transit needs of this county, which -- although, I know one of the Commissioners, Commissioner Regalado, mentioned that perhaps the City shouldn't have given jurisdiction over zoning of the rapid fransit area to the County, but in recognition of the fact that transit is a -- an area -wide, is a region -wide issue, the same as water and sewer, obviously, the County prevailed in those conversations, and that's why the City decided to relent the zoning powers to the County. It was a fundamental reason to do that. In conclusion, the zoning district that is being prepared to -- for you as a parameter for design is consistent with the area; is compatible with the area; is consistent with the Comprehensive Plan of the City; is consistent with the Comprehensive Plan of the County, and I submit to you that these should be acceptable in order to provide the opportunity for a developer to design a building that comes back through the process, as Lourdes Slazyk explained to you, and Mr. Pastoriza has also explained to you. Ifyou have any questions, obviously, I'm available. Mr. Pastoriza: I want to mention two things. One of the things that I want to mention is some of our obligations under our lease that are of particular importance to the welfare of the citizens of the -- ofMiami and Dade County. Our lease has a provision in it that is called disadvantage business enterprise, and that provision in the lease has -- obligates us, as tenants, to provide to those that are eligible, and by eligible, I mean owners that own 51 percent of the firm and be members of one of the following groups: women, regardless of race; black Americans, which includes Haitian Americans; Hispanic Americans; Native Americans; Asian -Pacific Americans and Subcontinent Asian Americans, and then there is also a catchall that says that any other additional group whose members are designated as socially and economically disadvantaged by the Small Business Administration and that have a personal net worth not to exceed $750, 000, minus their principle residence and interest in the business. Now what are our obligations in our lease? Well, 25 percent of the total design and engineering has to go to one of those or a few of those categories. Twenty percent of the cost of construction has to go to either one or a multitude of the persons or the eligible candidates that I -- that are here on the Board, and not only that, but ten percent of our tenants, which may be residential tenants, may be commercial tenants, also must come in from that group. In addition, there is a County Code provision that says that whenever you have a business or a property that is 700 feet away from a rapid fransit station site or one of the community urban centers, which this is one of them, that you're obligated to provide, based on an acreage, a hundred employees per acre, so we're obligated to have here in this project, when it's built, a minimum of -- or a little bit over 500 jobs. Now not only are we obligated to provide certain concessions or certain requirements to disadvantaged business enterprises, but we're also obligated in our lease to provide to the tune of 1.5 percent of the cumulative construction costs for acquisition of works of art in public places, so we're obligated in our project, at the end of the day, to have significant dollars invested and to be displayed in public places within our project. I would also like to bring to the Commission's attention a resolution that, at one point in time -- and this resolution, I do not know whether it was rescinded afterwards or not, but as of July 6, 2006, the Cocoanut Grove Village Council passed a resolution, which I will summarize -- and Commissioner Sarnoff, you are aware of this resolution because you were the chairperson of the Cocoanut Grove Village Council at that time, and you signed the resolution. Commissioner Sarnoff Yes, sir, but I didn't have the right to vote at that time. Mr. Pastoriza: Well, I mean, I'm just saying specific facts here. I did not say whether you voted or not. Now the last paragraph, after the "now therefore be it resolved by the Cocoanut Grove Village Council, " it says, "Number 3, to secure that any development of the 27th Avenue Metrorail project be confined to the previously negotiated and" -- I'm sorry. It's a little bit blurry -- "lease between Miami -Dade County and South Dixie/27Inc., and Coconut Grove Station Development, LTD, " which is us, "titled 'Coconut Grove Metrorail Lease,' adopted August 7, 2000, effective January 1, 2001. " I would respectfully submit to this Commission that City ofMiami Page 144 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 the proposed standards that we -- that you have before you are the minimum standards that will allow us to build the project under this lease. Commissioner Sarnoff Mr. Pastoriza, did you just bring that up with the intention of suggesting to this Commission that the Cocoanut Grove Village Council approved the actual standards that are being suggested here today? Mr. Pastoriza: All I'm saying to you, Commissioners, is what I read -- Commissioner Sarnoff I'm asking you that question. Mr. Pastoriza: -- to you, and I -- Commissioner Sarnoff No. I'm -- and I'm asking -- Mr. Pastoriza: -- did not go beyond that. Commissioner Sarnoff Mr. -- Mr. Pastoriza: What I submitted to you, respectfully, was that the standards that you have before you, if you compare it to the lease -- and listen, the lease was available when this document was executed. Commissioner Sarnoff Mr. Pastoriza, I could tell you that, at the time, it was believed that that was a14, 10, and1 -- Mr. Pastoriza: Well, I would -- Commissioner Sarnoff -- and there are people here from the Village Council, so they don't need to take my word for it, butt hope you're not suggesting to this Commission that the Cocoanut Grove Village Council approved that based on what you're bringing here today -- Mr. Pastoriza: Well, what I'm -- Commissioner Sarnoff -- and if you're suggesting -- Mr. Pastoriza: -- listen -- Commissioner Sarnoff -- it's vague enough for you to make that argument, I'm suggesting to you you're wrong. Mr. Pastoriza: Well, this is what I have said, and I've been very clear in what I have said here. I have just read from the resolution, OK, and there is a whereas clause in here that leads me to believe that, at that point in time, they were aware that this property had the 19, 19, and 1 because it said it's the Village Council's understanding is that the response to the original RFP included 66 residential units, which is correct. However, the number on design contract -- so somebody read it -- increased to 220 residential units, so I just leave it for whatever it is, OK? Now there is also, I would like to tell you, a lot of neighborhood support. There is -- there are some neighbors who want to speak. I will just like that all of those that are here in favor of this applications to please rise. We're not all going to speak. We're just going to have a selected number of them speak, and then also, I would like to put into the record a couple of letters from the Fraternal Order of Police, signed by Armando Aguilar, that -- and -- where the Fraternal Order of Police is supportive of a workforce housing program in the Coconut Grove Metrorail development, and that's one, and the other one is from Baptist Health South Florida that says basically -- that also supports the project, if it provides workforce housing in an area close to or City ofMiami Page 145 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 with access to very -- you know, to local sources of employment. Chairman Gonzalez: OK. Mr. Pastoriza, how -- Mr. Pastoriza: Having said that -- Chairman Gonzalez: -- much time --? Mr. Pastoriza: -- Mr. Chairman -- and I thank you very much for giving me the opportunity and the lengthy opportunity to speak, but all -- Chairman Gonzalez: How many --? Mr. Pastoriza: -- I'd like to wrap it up by saying -- my presentation by saying that you have positive recommendations from the RTDIC, your Planning and Zoning Department, and that the evidence that have been presented clearly shows that this project is consistent with the Comprehensive Plan and compatible with the area. Chairman Gonzalez: All right. Mr. Pastoriza: Thank you, sir. Chairman Gonzalez: How many persons do you have to speak? Remember that each speaker will have two minutes to put on the record whatever they want to put on the record. What suggest is that the people that are going to speak in favor of the project line up on this side, and the people that are going to speak against the project line up on this side, and then we'll take one and one. Commissioner Sarnoff Mr. Chairman, I'd like to make a motion just before because there's been some evidence submitted that suggest that this Commission not accept. I'm going to move to reject any transcripts of the two proceedings that none of us are going to read. Vice Chairman Sanchez: All right. Second. How's that? Commissioner Sarnoff There you go. Vice Chairman Sanchez: It's a transcript. All right. I'll second it. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. All right. Let's start to -- lining up. Yes. Felice Dubin: Felice Dubin, chair of the Cocoanut Grove Village Council, 27th Avenue Coconut Grove Metrorail Station Committee. Thank you, Commissioner Gonzalez seriously for that one hour that really, really helped us all. Before I even start, there were a couple of comments that wanted to -- oh, first, I have to ask you for one more little favor. I'm a little nervous because I don't do this as a rule. I'm not an attorney, but I'm the chair of the committee that is representing the neighborhoods, and so I ask you -- Chairman Gonzalez: So you're going to be -- City ofMiami Page 146 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Ms. Dubin: -- even though I'm not going to do it -- but I'd ask you for equal time. Chairman Gonzalez: So what -- no. Equal time -- I cannot -- Ms. Dubin: Mr. Pastoriza spoke -- Chairman Gonzalez: -- give you equal time. Ms. Dubin: -- between him and his expert, for an hour. I ask you -- Chairman Gonzalez: I cannot -- Ms. Dubin: -- for 20 minutes -- Chairman Gonzalez: I -- Ms. Dubin: -- for me. Chairman Gonzalez: -- cannot give you equal time. Ms. Dubin: Twenty minutes. Chairman Gonzalez: No. Ms. Dubin: They spent an hour. Commissioner Sarnoff Felice, can't you get this done in -- Ms. Dubin: I can -- Commissioner Sarnoff -- about --? Ms. Dubin: -- fry and do it as fast as possible. Chairman Gonzalez: Can you do this in five minutes? I mean, you know -- Ms. Dubin: No, no. Honestly -- Chairman Gonzalez: -- you're going to -- Ms. Dubin: I will go as fast as I can, I promise, but ifI was an attorney, which I'm not, you would give me that courtesy, and so, as chair -- Chairman Gonzalez: Because that's the way -- that's the rule that has been established in this City Commission for many, many years. Ms. Dubin: Well, can we pretend that I'm the attorney for the opposing -- Chairman Gonzalez: But -- and you know -- Ms. Dubin: -- side? Chairman Gonzalez: -- we -- I cannot pretend because I could not pretend that I'm Jesus Christ. Ms. Dubin: OK, 20 minutes. City ofMiami Page 147 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: I'm not, you know. Ms. Dubin: Twenty minutes is all I ask. Chairman Gonzalez: I mean, I could pretend, but I'm not -- Commissioner Sarnoff Why don't you start -- Chairman Gonzalez: -- you know. Commissioner Sarnoff -- Felice, and I'm sure -- Ms. Dubin: OK Commissioner Sarnoff -- we'll cut you off. Ms. Dubin: Well, Lourdes had made a statement, and she said -- and I wish that she could please read where in the standards it states that residential is required, so if she isn't here, maybe somebody else can answer that. Chairman Gonzalez: What was that again? Commissioner Sarnoff Her question is, where in the standards, Ms. Slazyk, does it say that residential is required? Ms. Dubin: Could you read that? Ms. Slazyk: Yes. OK. It's on second page, " D, " development parameters; one says land use allocations. The following uses shall be included in the Coconut Grove Rapid Transit Zone station development, and "C," under that section, says residential uses, a minimum of 12.5 percent of the proposed residential dwelling units of the property shall be set aside as workforce housing units and shall meet the criteria of workforce housing in Miami -Dade County, and then it goes on to describe what the percentage of the (UNINTELLIGIBLE). Ms. Dubin: Excuse me. Where does it say that residential is required? Ms. Slazyk: All of the uses under that section are required. Ms. Dubin: Under -- Ms. Slazyk: It says the following uses "shall" be included -- Ms. Dubin: OK Ms. Slazyk: -- in the Coconut Grove Rapid Transit, not "may" Ms. Dubin: And what are they? Ms. Slazyk: It -- Ms. Dubin: What are they? Ms. Slazyk: OK. You want me to read all of them? City ofMiami Page 148 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Ms. Dubin: Please. Ms. Slazyk: OK. "A," minimum of 25,000 square feet of business uses allowed in the BU-1, BU-IA, and BU-2 zoning districts; drive -through services are permitted and shall be appropriately buffered from the adjoining street network; hotel use may also be permitted. "B," outside food sales and services, including but not limited to outdoor dining, cart vendors, and merchandise displays. "C" was the residential I just read. "D" -- Ms. Dubin: Excuse me. Could you read that again? Vice Chairman Sanchez: Come on. Ms. Dubin: Because it doesn't say. It says -- Chairman Gonzalez: That's what I mean. Ms. Dubin: (UNINTELLIGIBLE). Ms. Slazyk: I read it. Residential -- OK. The following uses "shall" be included. Residential uses, a minimum of 12.5 percent of the proposed residential dwelling units of the property shall be set aside as workforce housing units and shall meet the criteria of workforce housing in Miami -Dade County. Workforce -- Ms. Dubin: That's a little confusing, however, because what -- it doesn't say there will be. It says if-- basically, it says a minimum of 12 and a half percent of the proposed residential dwelling units on the property -- Ms. Slazyk: Shall be workforce, but -- Ms. Dubin: -- shall be work -- Commissioner Sarnoff What -- Lourdes, what -- Ms. Slazyk: -- the list -- Commissioner Sarnoff -- percentage of the building will be residential? Ms. Slazyk: There is no percentage of the building that must be residential, but they must have residential. Ms. Dubin: But it's not in the standards. Ms. Slazyk: The lease is what designates how much. Ms. Dubin: Well, but the lease -- Ms. Slazyk: A zoning code doesn't normally tell you you have to have a certain amount of residential; that's what a lease is for. Ms. Dubin: But the standards tell you how much commercial, how much office is. Why wouldn't they tell you how much residential? I beg to differ with you. Either you don't do anything, or at least you include the residential. I'm sorry, with all due respect, Lourdes and everybody else. OK, and this is the reason that we're asking for denial, denial with recommendations. We would like you -- and I think we've been give -- you've been given some recommendations. You can take a minute to look at them. They're not very long, but residential is a very important part of mixed use and should be specified, and these standards are not specific enough. Commissioner City ofMiami Page 149 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Regalado, you're worried about 37th Avenue. Well, this is one of the reasons why we need to get these standards as specific as possible, so now I'm going to start with my speech. I want to ask you to please vote the standards down with recommendations, as your Planning Advisory Board did unanimously. As I was informed by the County Planning and Zoning Department, the City Commission can only vote for, which you've heard, or against these standards, but you can vote denial and recommendations, which is what we would like you to do. It is imperative that the actual standards be revised by the County. The current proposed standards lack specificity. They are simply stated, just not clear enough. One of the changes that was unacceptable to the director of Planning and Zoning for Miami -Dade County was that the word "maximum" was removed from the standards, as requested by Lourdes Slazyk. For this and other reasons, she actually voted the standards down, so just to make it clear that the County director of Planning and Zoning voted these standards down. For example, there are no maximums for offices and commercial. Why? Because Ms. Slazyk requested that they be strucken [sic] from the standards. There are no residential requirements, giving the developer the option of not building residential, if he so chooses. Even if the lease says so, but leases were made to be amended. There needs to be a minimum and maximum residential. Affordable housing is not even addressed. I mean, really, it's unbelievable that the County committee would pass standards on public property and not require even one square foot of housing, let alone affordable or workforce housing. The purpose of developing the Metrorail station sites was to encourage ridership, and who better than those citizens that will benefit the most and use that public transportation. We were told by Mr. Pastoriza that the developer would not even consider building affordable housing at this site, and that was -- when -- the last Commission meeting, I waited with Jim McMasters [sic] and Janice Talbert [sic] and we asked him till -- we waited till 10:30, till he came out of this meeting, and he stated that. Commissioners, you're championing affordable housing. That -- this is your opportunity to seriously make a difference on a site that is so important to the City ofMiami, and all these stations are. We're suggesting that the buildings be, at a minimum, LEED (Leadership in Energy and Environmental Design) certified, L-E-E-D certified;; an issue that is so important to our environment and that our esteemed Mayor Manny Diaz is so passionately advocating. Those should be in the standards. It should be a standard to have green buildings. The Planning Advisory Board for the City ofMiami, as I said, voted this down with recommendations. Please consider those recommendations, as well. I want to point out that this developer held -- has had -- held this lease already for seven years and has done absolutely nothing on the property. He, at one point, a year ago, actually wanted to get approval to building two 35-story buildings and one 25-story building, and 1.5 million square feet, which actually, the City supported -- the Planning Department and Zoning Department of the City supported -- amending a lease that called for 19, 19, and 1, and approximately 450,000 square feet, and they want a million square feet right now, which is more than double what the signed lease is for. Commissioner Gonzalez has mentioned in other Commission meetings his disappointment and frusfration at developers not building in a timely manner. We feel the same way. If this property would have been developed when it was intended to be developed, we wouldn't be standing here today. You have been handed the copy of the recommendations we proposed. These recommendations have been compiled after having spent endless hours studying what would be the best for the surrounding neighborhoods, for the City, and for Miami -Dade County. We accept that there will be a development at this site, and we encourage it. We're not asking you not to have anything built there, but we would like to see smart development. We believe, by the most part, the standards are well written, but should be fine-tuned, and that is what we are asking you to recommend. For instance, specify how many residential units are required, their square -- minimum and maximum, their square footage; how many of them will be affordable, and workforce housing. Ask for green buildings. Ask for specific allowable, buildable square footage on this site, and by the way, the two buildings that were mentioned aren't built, and who knows if they will get built because the market has turned; the two condos that Mr. -- I forgot his name. I'm sorry. Commissioner Sarnoff Pastoriza. City ofMiami Page 150 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Ms. Dubin: The expert. Commissioner Sarnoff Oh. Ms. Dubin: I also want to mention -- and these are only rumors going around -- that this developer intends to sell his lease to a major developer, and there are even rumors on who will be hired to manage this project. Those are only rumors, but the fact is that was approached already by a representative of a major developer who may be interested in buying the lease from this developer, and he wanted to know what the problems were and what the issues were. We need to make sure -- because we don't know which developer will end up buying this -- that whoever the developer is, the standards are so clear and specific that nobody can make a mistake. Finally -- and see, it didn't take that long -- on a very personal note -- and I do ask for Jim McMasters [sic] to be able to speak, as well, a few more minutes than the two because we're on the same committee. I have heard the fear and seen the tears of many of the residents that live in the surrounding areas of the Metrorail station. Their fear is that they will lose their homes and be displayed, some for the second time in their lives. Please don't allow this to happen. Thank you very much. Chairman Gonzalez: Thank you. All right. Let's start taking the speakers, two minutes each, OK? Come on. Ma'am. We need your name and address for the record. Linda Alger: My name is Linda Alger. I live at 2784 Southwest 29th Avenue, Miami, Florida 33133, 17 steps from this Metrorail station. I want to make that very clear. I don't live three blocks away. I don't live at 32nd Avenue. I live 17 steps, and when I'm angry, it's 16 steps, and when I started attending meetings about this Metrorail project, my daughter was six years old; she is 36. She might have been eight. I may have done a little bit of fuzzy math there, butt want you to be very clear about something. This isn't something that just came up. The City ofMiami Commission, years ago, appointed Jack Luft and Joyce Myers to represent the neighbors in the neighborhood at all the public participation meetings. Why? Because of federal dollars. It required them, when Kaiser Transit was having their meetings, to allow us to be present and to speak. One of the things that came out of that, during the Station Area Design and Development, your SADD, was the barrier at 29th Avenue and 27th Terrace, which was then built. It was built for a very specific purpose; out of fear that traffic would erode the quality of life of the neighbors that live further away from this station. I would say that by limiting the ingress and the egress to 27th Terrace and 27th Avenue and 32ndAvenue and 27th Lane, in that little turnoff behind the Boy's Club at 31 stAvenue, they've been pretty successful at keeping the traffic at the station of my little neighborhood. Now what do we have? We have a major transportation station. It's not a park. It is a -- Chairman Gonzalez: OK, ma'am. Ms. Alger: -- major fransportation station, and the future of Dade County probably relies on what is done at these major fransportation stations, and for the people that want to tell you that it's a park -- Chairman Gonzalez: Ma'am, let me interrupt you for a minute. You have exceeded your time. We need to know if you're in favor or against this project. Denise Rojas: (INAUDIBLE). Chairman Gonzalez: You'll give her your time? Ms. Rojas: Yes. Chairman Gonzalez: OK. City ofMiami Page 151 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Pamela E. Burns (Assistant City Clerk): Your name? Ms. Rojas: My name is Denise Rojas. Chairman Gonzalez: All right. You have an additional two minutes then. Ms. Alger: Thank you. I picked up recently the bus schedules of where you can go from this station. I'm going to give you a couple of samples of where you can go from this station because, after all, it is a Metrorail station, so besides connecting with all the other Metrorail stations in Dade County and all the buses that connect with all the other Metrorail stations and the busway, you can take the little 249 that circulates right here into Coconut Grove and brings you to the shops, the restaurants, the post office, and the City Hall. You can take the 6, which takes you to downtown Miami, the downtown campus ofMiami-Dade Community [sic] College, and other points like 8 Street. You can take the 22, which takes you to 163rd Street Mall, the Golden Glades Park & Ride, or you can take the 42 to the airport, the Amtrak station, the Tri-rail station, the Opa Locka area, again, the Golden Glades Park & Ride, or you can take the 27, which goes straight up 27th Avenue to the Brownsville Metrorail station, to the north campus of Miami -Dade Community [sic] College, to the Dolphin Stadium, and to the Calder Racetrack. The point I'm trying to make is this is a Metrorail station. Metrorail allows people who choose -- and not everybody chooses to ride a bus or get on a train, but for those who choose to do so, it makes it possible, and that takes us to transit -oriented development, and I got to tell you, when I started going to hearings and meetings concerning this, that word didn't even exist. We were just told when they took the front of our properties, and when all of my neighbors lost their properties for eminent domain purposes to build the project -- Chairman Gonzalez: All right. Ms. Alger: -- at this station to support the ridership, to take cars off the road, to stop having to extend the urban development boundary, we were told, more than 20 years ago, that there would be a project built there. We've had a long time to get used to the thought -- Chairman Gonzalez: Ma'am -- Ms. Alger: -- and the only thought that we have that scares us -- and I also represent the neighbors that own properties adjacent to the station -- the Grove Station Homeowners Association. I am the president of that. We all support this project. Our only fear is that somebody would do something after so many years to stall or slow down this process that we have waited for so long because while everybody else -- Chairman Gonzalez: You exceeded your time again. Unidentified Speaker: (INAUDIBLE) my time. Ms. Alger: Thank you. Chairman Gonzalez: OK. Ms. Alger: -- that lives further away -- Chairman Gonzalez: Let me tell you -- let me help you a little bit, OK? You're talking history; you're talking about prior Commission 30 years ago, 20 years ago; what happened 15 years ago. That is irrelevant. Ms. Alger: OK. City ofMiami Page 152 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: OK. As far as we're concerned, that's irrelevant. I mean, we're not going to -- voting here with what other Commissioners did here 25 years ago or 30 years ago. We're not going to vote based on history and -- we're going to vote based on fact. The lady that spoke a while ago, she spoke based on fact, and you need to speak based on fact, and you need to establish a position because you're going on circles talking about history, and so far, we don't know how you feel about it, and your neighbors and the organization that you represent, so that basically, you know -- and this is to everyone. We need to hear your position and what facts support your position. That's how we're going to base our decision here this afternoon, not on history, not on what other people did, and where other people came from, and where they're living today. That is irrelevant. All of that is irrelevant; you know, the way that buses go, and if they go to the airport, or they go to Mercy Hospital, or they go to Jackson Memorial; that is irrelevant. I mean, all of that is irrelevant as far as the record that is being built here today in case this ever has to go to court. You know, we need to have substantial competent evidence on what to base our vote, and that's why I'm trying to help you -- Ms. Alger: Thank you. Chairman Gonzalez: -- OK, on how to guide you. Ms. Alger: Thank you. Myself and my neighbors that all live adjacent to this station, directly across the street, directly adjacent, support this project unequivocally. We are not afraid of height; we're not afraid of density. We've always known that we would have height and density across the street from our houses. We've always known that our houses are on the Future Land Use Map for rezoning, and of course, we know we have 237 bus frips that go by our house, which is what supports the ridership at the Metrorail, so I want to be very clear. The neighbors that live adjacent to the Metrorail project support the standards, support the project. Chairman Gonzalez: Thank you, ma'am. Thank you very much. Yes, ma'am. Charlotte Simka: My name is Charlotte Simka. I've lived in this neighborhood for 53 years in the same house, and I have no intention of selling it. I'm sorry that we weren't inform -- that's -- I'm going to be brief. I'm very sorry that we didn't have a chance to re -inform our constituents. There were 200 flyers that went out, and we just found out, at 10 o'clock this morning, that you were going to be having it earlier, and unfortunately, we are in a -- we're an abutting neighborhood, and we're made up of workforce people, and so, consequently, we could not reach our people and tell them to come out. They were all set to come en masse at 5 o'clock. Now we don't know if some of them are standing outside or not now. We're not sure, but the thing thatl want to bring forward is I would like to know just how many people in these -- in this -- right now in this place live within 500 feet of the -- their addresses, or 500 feet of this area where we are. I live at 2730 Southwest 31 st Place, right below 32nd Avenue, and as much as the former speaker spoke saying that she was very happy about everything, I'm very unhappy about it, and not for any other reason that don't mind a four -and -a -half -block walk to the Metrorail, and I have other situations behind me, which I won't complain about now, but that's beside the point. She's not alone, and no one is in this city, so I just want to say, "Thank you, guys," for being here for us because you've -- doing a great job, and we really appreciate it. I'd -- Chairman Gonzalez: Thank you, ma'am. Ms. Simka: -- love for those people that don't live in this -- within this 500 feet, though, to stand up like I'm standing up, and I'd like to know those are the ones that -- because the ones that live far away don't always have the right to get up and talk for everybody else. Chairman Gonzalez: Thank you very much. City ofMiami Page 153 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Ms. Simka: Right. Chairman Gonzalez: Next speaker. Juan Dallarizza: My name is Juan Dallarizza. I own a business at 3011 Southwest 28th Lane, where I've had my office for the last -- since 1988. When I came into that area, that area was a complete zoo. It had burning cars. It had races every night; drug addicts coming around, and successfully, we have cleaned up the area where it has become a reasonable area to work in. I also own property along 29th Avenue and along 27th Terrace. I come to you because you wanted facts. I think that the City Commission, in your tenure, has approved for the terrace -- the Terrazas project that's adjacent to this project. It was also approved for the Latin American project, which is adjacent to this property. The City Commission has also approved for the tear -down of the bank -- the Sun Bank at the corner of 27th and -- over there, and we support this development because it would help this area clean up some more. We feel that this has been in the books for 20 years. I think it's about time that we let the developer do what they have managed to arrange with the County in the -- and the design standards, guidelines that they have obtained with the County. Thank you very much. Chairman Gonzalez: Thank you, sir. Let me make an announcement. Right after we finish this public hearing and we vote on this item, Commissioner Spence -Jones has an item that she's going to be addressing, and it will take -- as long as we're able to finish this public hearing and vote on this item, so please be patient. We'll be taking up the item that Commissioner Spence -Jones is waiting to bring forward. Yes, sir. Good afternoon. Dan Delgado: Good afternoon. My name is Dan Delgado. I live in the neighborhood. Thank you, Mr. Chairman, for allowing us to speak. Chairman Gonzalez: Yes, sir. Mr. Delgado: First of all, I'd like to address the gentleman. I don't live in a zoo. I live in a neighborhood, and I live right there. Second of all, I'd like to say I want to deny with recommendations, and I would point to you -- I know Mr. Pastoriza pointed out all the reasons why you should do this and you should do that. I think something circumvents Mr. Pastoriza, and that's statute -- Florida Statute 163, which is about protecting the neighborhoods. The reason I'm here today is I'm here to ask you to protect our neighborhoods. I'm here to say -- you know, as you can see, the developer and the City has mustered enormous resources. My resources, you just saw one. You just saw one stand up here and talk to you, and what I'm saying to you, who represents us? You know who represents us? I only have one person -- or a group of people that know represents us against all this, and that's you folks. OK. Chairman Gonzalez: What is your address? Mr. Delgado: My address is 2731 Southwest 30th Avenue, and what I'm frying to say to you guys today, and I'm going to -- you know, I know you have a very heavy decision, but at the end of the day, we send a message. This is Miami; this is not Dade County. We build in Miami what we feel is right for our neighborhoods, and the only people that could make that statement, the only people that could set that precedent and speak for us, for the ones that are old, for the ones that can't speak for themselves, and for those that are basically working as we speak right now, are you folks. We're looking to you because we will remember this day, and we will remember this day, and we will be there, and our families will be there for you with our votes, and that's why we're here, to show you that in that red spot that the expert was called showed, that red spot is very important to us because that red spot is -- has people, has families, and is a real impact to that community, so I beg you to use your authority and send a message to the County that we will not do things as they are. As you said, Mr. Chairman, what happened 20 years ago happened 20 years ago. We have to look at things on the ground today. City ofMiami Page 154 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: Thank you. Mr. Delgado: Thank you. Chairman Gonzalez: Yes, ma'am. Bonna Cooper Parlins: Yes. Good afternoon. My name is Bonna Cooper Parlins. I'm the president of the Coconut Grove Village West Island Disfrict, 3386 South Douglas Road. I support and we support the Grove Rapid Transit Zone development. At this time, this mixed -use facility will generate a flow of daily 9 to 5 commuters and tourists, not to mention community have -- will have a place with jobs. Our businesses reside in an urban revitalization community, and frankly, we need more foot traffic to stay in business. Yes, we're in favor of this project, and please move forward, and lastly, I'd like to publicly thankHr. Carlos Rua and his team for graciously meeting with our merchants to listen to our concerns, and to the City ofMiami Commissioners, I say to you that the historical Village West Island Disfrict, we do exist, and we have a say. I thank you. Chairman Gonzalez: Thank you, ma'am. Yes, sir. Good afternoon. Nathan Kurland: Good afternoon. My name is Nathan Kurland, 3132 Day Avenue, Coconut Grove. This afternoon presents a challenge to me personally because of the disingenuousness with which our -- the head of our Zoning Department came before you and said that this project started out as 35-30-20 and morphed down into the developer-friendly/neighborhood-friendly 19-19-1. Nothing could be further from the truth. In 1999, as was pointed out by Commissioner Sarnoff, this was 14, 10, and 1, and at the RTDIC meeting, the 14, 10, and 1 had become 19-19-1, and when questioned about this, we were told that an RFP is nothing more than a guideline, and thatRFPs can be suddenly morphed into 19-19-1 from 14, 10, and 1 with no public hearing whatsoever. Commissioner Gonzalez, you are on record as saying a developer should act within reasonable confines of a speedy development. This, under no circumstances, meets those guidelines, and I fully expect that you will deny this application. Commissioner Spence -Jones, as pointed out by Commissioner Sarnoff, this developer has had seven to eight years to give us nothing more than, perhaps, a general rendering of what this project is supposed to be. Following the first meeting -- or the first reading of the Vizcaya project, you were -- or you are on record as saying, "Where is the Lego lady to give us a concept of what that building look like in comparison to Vizcaya?" Commissioner Sanchez, Commissioner Sarnoff also pointed out that to allow the RTDIC minutes into the record, he would absolutely have to not vote this evening in order to get a chance to read. These are pretty much the exact same words that you uttered when all of the information was given in during the first meeting of the Vizcaya project as well, so under no circumstances, based on the record of you, Commissioner Spence -Jones, you, Commissioner Sanchez, and you, Commissioner Gonzalez, at the very least, this should not be voted on, and at the very most, as we all understand based on the testimony of the City Attorney, this is nothing more than a dress rehearsal. Nothing you're going to do tonight, whether you approve or disapprove, really means a whole heck of a lot. What I would like to do, as a resident and advocate for the people of my neighborhood, as vice chairman of the Village of Center Grove, I request that you please deny this application. Chairman Gonzalez: Thank you very much. Mr. Kurland: Thank you. Chairman Gonzalez: Good afternoon. Yes, sir. Bruce Libhaber: Good afternoon. My name is Bruce Libhaber, assistant county attorney, Miami -Dade County. I'm speaking only to the extent that there are corrections or questions that City ofMiami Page 155 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 arose as to the underlying lease. A issue has arisen on more than one occasion as to how -- Chairman Gonzalez: Why don't you -- well, let me ask you a favor. Mr. Libhaber: Sure. Chairman Gonzalez: -- hold your corrections until the end of the public hearing -- Mr. Libhaber: That's -- Chairman Gonzalez: -- and then I'm going to -- Mr. Libhaber: -- more than OK Chairman Gonzalez: -- give them time to rebuttal -- Vice Chairman Sanchez: Yeah. Chairman Gonzalez: -- and then you can make your corrections -- Mr. Libhaber: OK, and -- Chairman Gonzalez: -- on the record. Mr. Libhaber: -- if you have any questions, that's fine. Chairman Gonzalez: Yes, sir. I really appreciate that because the problem is that you start putting corrections on the record, then they're going to jump and we're going to start another argument, so it's better that we do it that way. Yes, sir. Good afternoon. We need your -- Rafael Fabian: Good after -- Chairman Gonzalez: -- name and address for the record. Mr. Fabian: -- noon. Thank you, Chairman. Rafael Fabian, 2630 Southwest 28 Street. This is my father. He doesn't speak English. He has the property on 2841 Southwest 24th Terrace. I'm in favor of this project. I'm in favor of the standards. It's the right property -- it's the right project for the right location. We need -- right there on the transit and the Metro -Dade [sic] station. We need to promote foot traffic. We need to promote foot traffic and demote auto traffic, and that's what that's going to do. Higher density in that area is going to do exactly that. It makes all the sense in the world, and I was a little concerned with Ms. Dubin's comments as she was closing and saying that she wants to make the standards so specific to -- that there'll be no errors, and I think what she wanted to say was she wanted to make it so specific that no developer is going to be able to develop, and I know -- and I'm totally against overregulating, especially in this project, which needs our support and all the resources that we have in order to help out the transit system. Thank you. Chairman Gonzalez: Thank you very much. Yes, sir. Ms. Dubin: Can I just --? Chairman Gonzalez: No. Yes, sir. George Lopez: Good evening. George Lopez, 3105 Southwest 27 Terrace. Do we really know if we have controlled growth with sufficient infrastructure on this site? Do we really know about City ofMiami Page 156 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 it? Chairman Gonzalez: Excuse me. Did you put your name and address on the record? Mr. Lopez: George Lopez, 3105 Southwest 27th Terrace. Chairman Gonzalez: Thank you, sir. Mr. Lopez: Thank you, sir. Do we really have a controlled growth with sufficient infrasfructure on this site? Does anyone here know about it? Chairman Gonzalez: I don't understand what your question is. Vice Chairman Sanchez: I think he said something -- do -- is the infrasfructure there? Mr. Lopez: Yeah. Do we have infrastructure --? Chairman Gonzalez: Anyone from -- Mr. Lopez: Does -- let me tell you -- Chairman Gonzalez: -- staff -- is there enough -- Mr. Lopez: -- this building -- Chairman Gonzalez: -- infrastructure to support --? Mr. Lopez: -- is going to be -- Chairman Gonzalez: Pardon me? Mr. Lopez: -- next to a state highway, and it's a very, very congested area, adding and adding and adding more stories or buildings, or whatever happen. It's going to put the area in a very hazardous situation for drivers and pedestrians. That is all I have to say. Thank you. Vice Chairman Sanchez: Thank you. Chairman Gonzalez: Thank you, sir. Mr. Lopez: Thank you. Chairman Gonzalez: Yes, sir. Michael Mejido: Hello. My name is Michael Mejido. I live at 1200 Brickell Bay Drive, 1718. I keep hearing speedy development. I keep hearing renderings. I keep hearing all these things that the citizens want, this Commission wants, but I'm seeing that there's no development; that there's no cooperation; that nobody wants to see a rendering, and the only way that's going to happen is that if this Board approves this ordinance, then the developer could then go ahead, do what he needs to do, develop the site, do the renderings, do whatever needs to be done, and then we'll finally see something because if we don't approve anything, nothing's ever going to be built there. I think this is a phenomenal idea. Transit in Miami -Dade County has failed, failed, failed. It's always failed from a day of conception. Let's do something right this time. I think this transit station is the greatest idea I ever heard. This is going to reduce traffic. There's going to be people living right there in the station. Have you ever driven down US 1 at 5 o'clock? I have. It's horrible. I don't go down US 1. This is the best idea. This Board needs to do the right thing. City ofMiami Page 157 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Let this developer finish his project. Let's see something. I want to go to the County Commission meeting. I want to see the building. I want to see what he's going to develop. If somebody has an argument, if somebody doesn't like it, then that's the time to oppose it. What are we doing here? This poor man needs to develop his site. What the hell? I don't understand. Unidentified Speaker: He's had seven years to (INAUDIBLE). Mr. Mejido: Well, then let's give him the opportunity now. What are you denying this now for? I don't understand. Vice Chairman Sanchez: Thank you. Chairman Gonzalez: Let's keep the order here. Mr. Mejido: Let's move forward. Let's not move backwards, for God's sake. Chairman Gonzalez: Thank you very much. Applause. Vice Chairman Sanchez: No, no, no, no. Chairman Gonzalez: No clapping. That is not allowed in chambers. Vice Chairman Sanchez: Didn't work for the Heat. Gilda Rodriguez: Good afternoon. My name is Gilda Rodriguez, 2930 Southwest 25 Terrace. Chairman Gonzalez: 55 Terrace -- 25? Ms. Rodriguez: 25 -- Vice Chairman Sanchez: 25. Ms. Rodriguez: -- Terrace. I just want to say that maybe 15, 20, 10 years ago, we needed in the neighborhood a lot of improvement in the residences. Right now we have it around the station, no necessary Dade County want it on the station. They just say in the surrounding area, so we have thousands of new units over there. In addition to that, I would suggest to please deny the standards with recommendations, and also, another suggestion I want to do is that we need an overpass in 27th Avenue and US 1 with or without a building. That corner is very dangerous. We have a lot of problems with pedestrians and traffics over there. Thank you very much. Chairman Gonzalez: Thank you. Yes, sir. Good afternoon. Luis Casamayor: Hi. Luis Casamayor, 2801 Southwest 31 stAvenue. I'm for the project. I was here present when Las Terrazas project was approved, and it only makes sense to have a project in similar scale and size approved instead of something so much smaller, especially for such an important site, considering what the uses would be for that site, so I'm for the project. Chairman Gonzalez: Thank you very much. You see, that's perfect. I mean, I'm -- reason I'm for the project. I'm against the project because of this, that, and the other, and you know -- Vice Chairman Sanchez: up, down. Chairman Gonzalez: -- up, down. Nina. City ofMiami Page 158 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Commissioner Sarnoff He could have made a great emperor. Nina West: Thankyou, Mr. Gonzalez. Thankyou, Commissioner. Nina West, 3690Avocado Avenue, Coconut Grove. We were asked to look at this project at the Planning Board, but I am speaking just for myself. We made -- we are not against the development. You have an opportunity to vote up or down and send recommendations. We'd like you to look at these recommendations, but I have one more to make right now. Chairman Gonzalez: But the Planning Advisory Board voted against it, right? Vice Chairman Sanchez: Yeah. Ms. West: The board voted against it -- Chairman Gonzalez: Voted against it. Ms. West: -- with recommendations; not no project. We asked for a project with recommendations. Chairman Gonzalez: Right. Ms. West: OK. The recommendations are not very strict, if you have read them. I think they're in front ofyou, and there's one more recommendation that I would like to make right now. The developer is asking for a million square feet. That's a lot of feet. A young boy fried to cross 27th Avenue, a pedestrian. You know what we want? Pedestrians who get on trains. This young boy is a pedestrian who got on a train. He was killed by a car. There is no requirement in this plan for safe pedestrian crossing of that street. There is nothing required of the developer to put a bridge or some way for this enormous amount of people to get from one side of US 1 to the other safely. The light changes quickly, especially at 6 o'clock at night. You've got just a couple of minutes to make that across the street, and one of the things that I am asking is that you vote the current recommendations down with the recommendations and add to it that there be some kind of safe pedestrian way across that street. Thank you. Chairman Gonzalez: Thank you. Yes, sir. Name and address. Jose Acuna: Jose Acuna, and family resides at 2759 Southwest 24th Street, which is three blocks from the site. OK, I am wholeheartedly for the project for three reasons. First, the building itself. The building is -- complies with a green requirements from the County, requires [sic] with the statute from the County, and it is good. It is a good thing for the City. High -density promotes security within it. The second -- my second item is I'm for it for the opportunity; opportunity for small businesses; the opportunity for people to develop it, and opportunity for the police officers and people within the City to be able to move in, move back into our houses that we cannot afford right now, and thirdly, it affords us the possibility -- the way thatHr. Rua explained that a project is going to go affords us the opportunity as an off -site for the Police Department, for the Fire, or for whoever needs it in case of a major catastrophe. I -- once again, I'm from the project wholeheartedly, as it stands. Thank you very much. Chairman Gonzalez: Thank you. Good afternoon, sir. Clarke Hamlet: Good afternoon. My name is Clarke Hamlet. I live at 2920 Southwest 25th Terrace. I guess the first thing I would like to say to you guys, I want the next meeting to be held about 2 o'clock in the morning, when I'm pacing the floor and yelling and letting everybody have it left and right how bad this project is. I cannot think -- and I defy anyone here in this room, anyone, to tell me of a worst place to put this much more congestion then on Route 1 and 27th City ofMiami Page 159 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Ave. (avenue), going into the Grove with this plan for expansion, with this plan for this and that, and then throw in there -- let's throw in a hotel. A hotel? Are you out of your minds? That you'd put a hotel at that point. Who is going to come in here and stay at a hotel above a Metrorail station? I don't think so. Rich people? I don't think so. Poor people? I don't think so. I don't think anyone would come in here and stay above a Metrorail station for the fact of beautifying Miami or whatever it's supposed to do, and by the way, let's throw in a grocery store there. Let's stop somebody on the way home coming south so the wife can say, hey, get me a loaf of bread. OK. I'll pull off of Route 1. Get onto 27th Ave.; block up -- cut across, fry to get in there to a grocery store; find a parking spot; fight off the frucks that are in there and out -- in and out all day long at a grocery store. How many frucks are going to be in there? This thing is just going to be there by itself and no trucks, no fraffic? We're going to have taxi cabs coming in at a hotel. You can't handle the buses that are in there now. Now we want to add more buses, more congestion? I mean, it just doesn't make sense, and then -- oh, then the final thing that you heard -- this is the first I've heard of this one -- put a daycare center in there with those trucks and fraffic and congestion and all this going on? I don't think so. It doesn't make any sense. It's just a developer who's got a piece of land and he can grab some money, and I'll guarantee he doesn't live right there, and I bet a lot of these people who are saying, oh, they want -- Chairman Gonzalez: Sir. Mr. Hamlet: -- this place in, they're -- Chairman Gonzalez: Your -- Mr. Hamlet: -- getting out of here. They're going to get their money; they get out of there, and the rest of us can suffer. I don't think so. Chairman Gonzalez: -- time -- Mr. Hamlet: Be a long time before this project goes through. Thank you. Chairman Gonzalez: -- has expired. Thank you very much. Yes, sir. Good afternoon. Applause. Fausto Callava: I guess it's -- Chairman Gonzalez: No clapping. Mr. Callava: -- no longer "good afternoon," but good evening. My name is Fausto Callava. I'm at 1581 Brickell Avenue, Miami, Florida 33129. I live in the area, and I'm a Metro -Dade [sic] Transit user. I use the Metrorail all the time, and I'm a hundred percent in favor of this project. Thank you. Chairman Gonzalez: Thank you. That's short and sweet. Yes, ma'am. Doris Scheer: Hi. My name is Doris Scheer. I live at 1840 Coral Gate Drive, and I am here as a former member of the Planning Advisory Board, not representing them, except myself. We received a lot of this type of scheduled, nonscheduled, and so forth meetings. What bothers me about this -- and I've been off of the board for two years, which means my blood pressure has gone down 20 points, but what really bothers me is this whole issue with staff. When I was on the board, my first experience was an item that came up in front of our board and none of us knew what it was about, and we were not explained properly, and we were told by a staff member at the time, Lourdes, that it didn't matter how we voted because the County was going to do what they wanted to do anyway. It bothered me at the time because it was for a station in City ofMiami Page 160 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Commissioner Spence -Jones area, and I said, why should I vote for something that I have no control over; what is going on there; will it benefit the City; will it benefit the neighborhood, and so forth, but we all went on the advice of staff, and it was voted down -- I mean, it was voted for approval. I voted it down. I was around when the water department went for their building. We put two conditions, the PAB; that we get sufficient landscaping for the building, and that disabled were to be allowed to park in the garage. Neither one was honored. It's very disappointing. I would like to see a workshop on the SADD. I'm told that every one is different according to areas. Now we know thatMeforail is being extended to Commissioner Gonzalez area, Commissioner Spence -Jones area. Do they realize what they're in for unless we predetermine the parameters of -- Chairman Gonzalez: Thank you very -- Ms. Scheer: -- these SADDs? Chairman Gonzalez: -- much. Your time is up. Thank you. Yes, sir. Ms. Scheer: As Felicia [sic] said, we should deny this with recommendations -- Chairman Gonzalez: OK. Ms. Scheer: -- or start having our own workshops. Chairman Gonzalez: Thank you. Ms. Scheer: Thank you. Chairman Gonzalez: Yes, ma'am. Good afternoon. George Plasencia: Good afternoon, Commissioners. My name is George Plasencia. I have my office down the street at 2801 Southwest 31 stAvenue. I am for this project because I -- as I've been in this area and I've seen the area change over the past months and years, I believe that a project like this would be very good not only for that area, but for all of the City ofMiami. As somebody that grew up in the City ofMiami, I think that we all have to use our public transportation more. We have to work and live closer to public transportation, and I think this would be a great project for the City ofMiami, so with that, I am for it. Thank you. Chairman Gonzalez: Thank you. Good afternoon. Norma Post: Good afternoon, good evening, or whatever. Chairman Gonzalez: We need your name -- Ms. Post: I wish you well -- Chairman Gonzalez: -- and address. Vice Chairman Sanchez: Name and address. Ms. Post: -- and my name is Norma Post. I live at 2061 Tigertail Avenue. We have a problem. It's a problem that's been inherited from your predecessors, and that is a huge traffic problem, which we have been looking at, and the City has not addressed, and that's where I think we have to give the first consideration to; that and the water problem. We have too many people here now, too much construction, and we -- this construction -- I think we have a lot of this zoning that was done years ago by people who didn't have any foresight, and I think that every City ofMiami Page 161 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 developer, of course, has a right to use his land according to the zoning. According to the existing zoning, without any changes or any extension or carte blanche, and -- because that, unfortunately, is what -- that much we have to allow, and so I don't see why we have to permit these developers to come in and demand this and that and the other thing. We have a traffic problem on US 1 right now. Between 5 and 6, it is a parking lot. I live on Tigertail, and my -- Tigertail is a parking lot at that time. I cannot exit my property, and the same in the morning. The Metrorail is not the solution because it doesn't really go anywhere. It should go all the way down to Homestead and beyond. It should -- if it's going to serve the people of this County, but do not cater to these developers. Just do what's within the law, and then your -- as I understand it, you're to recommend this because this property is not going to be used for a low-income housing, which we need, but it's -- so -- and as I said at the Dade County, if you think that all these people, because they live by Metrorail, are going to use Metrorail, the only time they'll use it is if you take the bridges out across the Miami River -- Chairman Gonzalez: Thank you very much, ma'am. Your time has -- Ms. Post: -- so please. Chairman Gonzalez: -- expired. Good afternoon. Omar Ortega: Good afternoon. Omar Ortega, 800 South Douglas Road, on behalf of myself and my sister, Marlene Ortega, at 2474 Southwest 27th Terrace. We are in favor of the project. We've heard a number of sides. Essentially, the sides that we've heard are we don't want it because it's too much congestion. That's not an option. Essentially, the project -- a project has to go there; that's required. The other thing we've heard by Ms. Dubin, in closing her arguments, was it is a smart devel -- Chairman Gonzalez: Don't make reference to any -- Mr. Ortega: I will be happy to -- Chairman Gonzalez: -- speaker because then they will be entitled to answer. Mr. Ortega: I apologize. I withdraw that. The issue is it is a smart development. It is well written. They agree with development. That's what has to happen, and delaying it simply to put it off without any recommendation, without anything, does nothing but require us to be back here again and wasting more time. Chairman Gonzalez: Thank you. Yes, sir. Miguel Sanchez: Good afternoon, good evening. My name is Miguel Sanchez. I live at 2731 Southwest 30th Avenue. I live about a block and a half away from the Metrorail, and I barely ever use it, to be honest with you. The most I ever use it is maybe to go to a Heat game, maybe here and there to go to maybe Biscayne or any of that, but my mother has worked over 25 years and raised me and my brother in my home as a single mother, and I refuse to lose my home because of expansion due to this property and due to this project, and I am a young citizen. I am 20 years old. Chairman Gonzalez: And let me ask you. Vice Chairman Sanchez: How could you lose your home? Chairman Gonzalez: What make you believe -- Vice Chairman Sanchez: That you're going to lose your home. City ofMiami Page 162 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: -- that because this --? Mr. Sanchez: Because whenever there's building, there's always going to be expansion. There's constantly expansion in our society. Chairman Gonzalez: But -- no, no, no, but wait a minute. You -- I'm asking you for a reason. What make you believe that because these people build this project, you're going to lose your home? They're going to take your home away from you? Do they have the power to take the home away from you? Mr. Sanchez: There was a law of eminent domain, as you stated, that the Metrorail was taken by. Chairman Gonzalez: The eminent domain is only used to build public facilities. Mr. Sanchez: And this is not going to be a public facility. Chairman Gonzalez: It's not to be -- build a building for a developer or anything like that, so whoever tried to put that in your mind was very unfair because it's very unfair to, you know, a young person like you, try to put on his mind fear about losing your home and having your mom lose your home after she worked so hard for it, so you know, you should go back to them and tell them, you know, if you want to ask me to go to the City Commission and oppose the project or -- Vice Chairman Sanchez: Tell me the truth. Chairman Gonzalez: -- support a project, come to me with a true statement, and then I will do it, but don't lie to me to make me go in front of an audience and say something that is not true. OK. Vice Chairman Sanchez: No, go ahead. Chairman Gonzalez: Go ahead. Finish. Finish your statement. Vice Chairman Sanchez: You still got a minute and a half. Mr. Sanchez: I'm just extremely scared of the fact that my way of life is going to change, and that me, as a young citizen, I'm going to have to deal with a lot more stress on top of the fact that I'm going to college and things like this, so that's pretty much where I stand, and I deny the recommendations. Chairman Gonzalez: Very good. Vice Chairman Sanchez: Thank you. Chairman Gonzalez: That's very good. Thank you. Yes, ma'am. Jill Daley: Yes. Good evening. My name is Jill Daley, 2630 Southwest 28 Street. I am a small business owner in the neighborhood; lived in Miami 20 years, and I know a lot of residential -- you know, individual people are very, very afraid of development. However, that is the frack that Miami is on. It's the future of the City, and I do ask that you give this developer the opportunity to build this project. Thank you. Chairman Gonzalez: Thank you. Thank you very much. Anyone else on this side? Yes. Come forward. Vice Chairman Sanchez: Well, he needs a mike. City ofMiami Page 163 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: He needs a mike. Vice Chairman Sanchez: See if he's got the mike. Chairman Gonzalez: All right. William Gimenez: Good afternoon. My name is William Gimenez. I live at 2298 Southwest 16th Avenue, Miami, Florida, the magic city. Two things that I'm a little opposed about this situation is, first of all, we don't know what size is going to be develop. We -- I been to three or four different meetings, and every time it's a different size; it's a different type of construction. Now the other thing that bothers me a lot is we builtMetrorail -- or somebody builtMeforail, and we got to fill it up. No matter what we do, we got to put houses, buildings, everything to fill Metrorail. I don't think it's fair. The third thing that I'm very much concerned is the low-income apartments. OK What is the criteria for the low-income apartment? Can you please tell me? Vice Chairman Sanchez: I think it was 12 percent. Mr. Gimenez: Huh? Vice Chairman Sanchez: Twelve point five percent. Mr. Gimenez: Twelve point five percent. OK. At what price are they going to buy it -- Chairman Gonzalez: You have to ask -- Mr. Gimenez: -- for argument sake? Chairman Gonzalez: -- the County --- Hr. Gimenez: OK. This site -- Chairman Gonzalez: -- and the developer. Mr. Gimenez: Fine. OK Mr. Gonzalez, for argument sake -- oh, sorry. Go ahead. Chairman Gonzalez: I'm being told that about $250, 000. Mr. Gimenez: You're joking. You're really joking. Vice Chairman Sanchez: No, listen, listen. Mr. Gimenez: I mean, who's going to buy that, 250,000 low income? Now let's say they buy it at $250, 000, low-income persons. At what price are they allow to sell it after they buy it as a low income? Because I not going to buy a low income at 250,000 -- Chairman Gonzalez: All right. Mr. Gimenez: -- and how would it be sold afterwards? I'd like to see -- Chairman Gonzalez: Let -- Mr. Gimenez: -- because -- Chairman Gonzalez: -- me ask -- you're asking us questions -- City ofMiami Page 164 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Mr. Gimenez: Yes, please. Chairman Gonzalez: -- that -- we don't have controls over this project. It was -- I don't know. You just got here. Mr. Gimenez: Yes, I did. Chairman Gonzalez: That's why you miss it. Mr. Gimenez: Yes, I did. I'm sorry. Vice Chairman Sanchez: Maybe -- Chairman Gonzalez: The County is the one that has control over this project. No matter what we do here -- Vice Chairman Sanchez: County. Chairman Gonzalez: -- the County has the right to build the project, build it their way at the prices that they decide, so it's not up to the City Commission to establish prices, not on this project or any other project, unless it is an affordable project that requires a contribution from the City ofMiami -- Mr. Gimenez: Right. Chairman Gonzalez: -- but you know, all of those questions should be -- you should direct them to Miami -Dade County. Mr. Gimenez: I am sorry I got here late. I apologize -- Chairman Gonzalez: No, it's all right -- Mr. Gimenez: -- and I apologize -- Chairman Gonzalez: -- but -- Mr. Gimenez: -- ifI ask you another question. Why are we here if the City ofMiami is the one that's going to determine anything? I mean, are they going to tell you we are going to build it whether you say no here? Chairman Gonzalez: Yes. Mr. Gimenez: What are we here for? Chairman Gonzalez: Miami -Dade County government can overrule City ofMiami government, and that is the case here. Mr. Gimenez: So, in other words, if you guys say, "No. We are not going to build it, " they can say yes? Chairman Gonzalez: They can say yes. Mr. Gimenez: If you say yes, they can say no, right? City ofMiami Page 165 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: Right. Mr. Gimenez: So why are we here? What are we doing here? Chairman Gonzalez: Well, that was my question. I'm glad that you ask that question because -- Mr. Gimenez: Thank you. Chairman Gonzalez: -- that was my question to the City Manager, and that was my question to the department and to the lawyers when I heard that no matter what we do, the County can do whatever they want because they can override the City ofMiami government, so I said why are we meeting? Well, because we are required to meet, and we are required to vote either in favor or against it, and then it's sent to the County, and then the County do whatever they going to do, and that's why we're here, you know. Mr. Gimenez: It make me laugh and say hello to you, and all the Commissioners, and you, lady. Fine. Chairman Gonzalez: So -- Mr. Gimenez: It's fine. Chairman Gonzalez: -- that's the way it is. It's very unfortunate. Mr. Gimenez: Thank you. Chairman Gonzalez: Thank you for being here anyway. Mr. Gimenez: You're welcome. Chairman Gonzalez: We really appreciate you being here today. Yes, sir. Good afternoon. Mario Fabian: Good afternoon. Mario Fabian, 2630 Southwest 28 Street, Apartment 14. I am totally support of this project, and I want it to go on because we've waited already for such a long time and, you know, we keep going back and forth and nothing's getting done. If we're going to do something, you know, let it be something good, not like the bakery center that was there and they had to tear it down and put something back up again. Let's make it a, you know, nice big project, and I'm in support of the project. Chairman Gonzalez: Thank you very much. Mr. Fabian: Thank you. Chairman Gonzalez: Next, please. We are -- Maria Cortina: My name is Maria -- Chairman Gonzalez: -- close to closing the public hearing. Yes, ma'am. Ms. Cortina: My name is Maria Cortina, and I live at 2990 Southwest 27th Lane, and I support the project. I'm a half a block from the project. Chairman Gonzalez: Thank you very much. Yes, sir. Carlos Haza: Hi. My name is Carlos Haza. I live at 2951 Southwest 27th Terrace. I would like City ofMiami Page 166 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 you to deny. In reference to what they mentioned earlier, one of the reasons that we're so scared -- the developer came around our neighborhood when all this started, and he -- first of all, he was negotiating with some of the neighbors to purchasing their land outside the area of the Metrorail area; also said that that whole area and beyond, which in 19 -- when the Metrorail was approved, it was supposed to be commercial all the way to 30th Avenue. One of the reasons that we voted it in for the Metrorail because all that got removed to be contained to 27th Terrace and 29th, not the red zone that they're showing on that -- that's an old before -- an old map before all this was approved, OK? Chairman Gonzalez: OK. Mr. Haza: Now this is why the neighbors are concerned, the domino effect. You build three high buildings, they're going to go across the street with the excuse that on the Metrorail there's high buildings already, which is what's happening with Terraza [sic] and the 27th Avenue Latin American, so we please ask you to deny. Thank you. Chairman Gonzalez: Thank you very much. Yes, sir. Marcelo Vergara: Yes, sir. Good evening. I'll fry to be as brief as possible. It's a long afternoon. My name is Marcelo Vergara. I have worked for more than 25 years, and my office is in downtown Miami. I live in the Kendall area, but I own a property at 27th Terrace. I live more than 30 years in this area, and I have seen this population growth, but unfortunately, we are suffering the symptoms of not planning ahead and catering to the inherent requirements that population growth, you know, entails, and I see the discussion here about whether to deny or to approve. Development will come. All this area where everybody lives and where my -- the property I purchased is scheduled to be rezoned under Miami 21. This project is consistent with the Miami 21. If they want to scale and go to the details, they have all the right to do so, but it's not a matter of denying or approving a project that is coming along with what happens with cities that grow. As the population grows, you cannot deny it. Density will come up because you need to resolve these problems. If you allow me, I just happen to have something from the Miami -Dade that really speaks much better than -- because I was reading as I -- and if you allow me -- it only take me 30 seconds. It says -- Chairman Gonzalez: The problem is you got 30 seconds, so -- Mr. Vergara: OK. It says, on the fransit-oriented development, TOD, is an exciting new growing trend in creating new development with access to mass transit. These compact and pedestrian friendly communities are centered around fransit systems. This concept them makes it possible for residents living in or around the development to improve their quality of life by not having to depend on a car for transportation. With the current emphasis on transit planning, Miami -Dade County's future is bright, it says. Joint development at various Metrorail station throughout the County has created TODs featuring commercial and residential projects. Cities across the country, such as Atlanta, Baltimore, Portland, and San Francisco have implemented TOD with great success. Developments in these cities include commercial retail space mixed with residential areas, all centered around the mass fransit station. Chairman Gonzalez: Your time is up, sir. Mr. Vergara: OK. Chairman Gonzalez: Your time is up. Mr. Vergara: I read this with the -- because this is what the future -- Chairman Gonzalez: Yeah. City ofMiami Page 167 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Mr. Vergara: -- is coming, and we need to -- we don't need to be behind the future -- Chairman Gonzalez: Yes. We -- Mr. Vergara: -- and planning means, you know, controlling this. Chairman Gonzalez: -- appreciate that. We appreciate that. Thank you very much. Mr. Vergara: Thank you very much. Chairman Gonzalez: Yes, sir. You got two minutes. James McMaster: Jim McMaster, 20 -- Chairman Gonzalez: I'm going to close the public hearing. After the lady, I'm closing the public hearing, OK. Mr. McMaster: Jim McMaster, 2940 Southwest 30th Court. You're approving today, or hopefully, rejecting, a resolution of the Miami City Commission approving the attached Coconut Grove Rapid Transit Zone development standards for consistency with the Coconut Grove Rapid Transit Zone Development Master Plan, and as we know, there is no SADD plan. It doesn't exist. The City has never gone out and worked with the County. It turns out -- I have an e-mail (electronic) from the County. -- the standards are prepared by the Station Area Design and Development, SADD, program process, which is a joint municipal County program. This is the process that Guillermo O. thought we should be using. By "Guillermo O., " they're referring to their expert Guillermo Olmedillo. They decided on an alternate process. They did not include you in that; they just decided to do it. "This alternative process was used for the other stations, Overtown and Santa Clara," and Commissioner, you know what happened at Santa Clara. We didn't get what we wanted. Another e-mail from County staff. "No charrette or recent area plan has been prepared for this urban center. A Station Area Design and Development Plan was prepared for this area in the late 1970s. Thus, an area plan is needed to ensure compatibility." That is when you and we and the residents would have had input. I think that the SADD plan that was submitted from the 1970s says, at the end of it, that it's the first of three SADD plans; that it's a preliminary report, so we have a situation where the community has not had input. I think you Commissioners do have the ability to do something. You can reject it and send it back with recommendations. The first thing is that from here to that wall, that is the magnificent setback that we get on 27 Street. You go up 75 feet on the edge of the street; you go back 20 feet, like that wall, and then you go up 200 feet. Is that a setback for a residential neighborhood? We'd like a setback similar to Villa 27. It came through a MUSP through this Commission. There is a large setback. There's a parking garage behind it wrapped in residential. The main issue here is what is the FAR? I've never heard of a piece of property outside of downtown that doesn't have an FAR. This property has no FAR. Chairman Gonzalez: Your time is up. Mr. McMaster: Does one residential unit fulfill their requirements? One -- if they put -- when the site plan comes down and you have no control over the site plan, does one residential unit or two -- do they -- are they the residential they need? So, Commissioner, what is 12.5 percent of 12 units? Chairman Gonzalez: Your time is -- Mr. McMaster: You know -- City ofMiami Page 168 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: -- up, sir. Mr. McMaster: -- so -- and -- Chairman Gonzalez: Sir -- Mr. McMaster: -- 13 -- 30 -- Chairman Gonzalez: -- you hear me? Mr. McMaster: Wonderful. Thank you -- Chairman Gonzalez: Your time is -- Mr. McMaster: -- sir -- Chairman Gonzalez: -- up. Thank you very much. Mr. McMaster: -- and please reject this. Chairman Gonzalez: Thank you. Ma'am. Vice Chairman Sanchez: Thank you. Janice Tarbert: Janice Tarbert, 2520 Southwest 24th Terrace, Silver Bluff. I call your attention to the packet I gave you, the yellow sticker, and I'm going to quote Mass Transit Policy 5D. "The County shall promote increased affordable housing development opportunities within proximity to areas served by mass transit." One of the biggest and most important issues in Miami -Dade County and the City ofMiami is the lack of affordable housing and the abuses that have come to the public's attention regarding this issue. Yet, no affordable housing on public land, our public land, is proposed in the standards for this development next to mass transit. Only workforce housing of 12.5 percent is in the standards. At 20 -- 220 units, that would be 28 units. We are recommending 25 percent affordable housing, which would be 55 units, for a combined total of 83 units. We are also asking that you place restrictions so that these affordable units are sold to persons or families who meet the criteria for affordable housing and not sold to individuals who want to flip the units or rent them for a profit. For the County to not require affordable housing on this public land next to mass transit is a travesty. Please vote to deny the standards and recommend to the County that there must be affordable housing in the standards, and to quote Commissioner Sanchez from a previous Commission meeting -- Vice Chairman Sanchez: Why do I always get quoted? Ms. Tarbert: -- show the County that the City ofMiami is a champion of affordable housing. Thank you. Chairman Gonzalez: Thank you very much. Vice Chairman Sanchez: Why do I always get quoted? Chairman Gonzalez: All right. I'm closing the public hearing. Vice Chairman Sanchez: Why do I always get quoted? Chairman Gonzalez: I'm going to allow -- City ofMiami Page 169 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Ms. Tarbert: That's what you said. Commissioner Sarnoff You're the good-looking one. We always quote you. Chairman Gonzalez: I'm closing the public hearing. I'm going to allow time for rebuttal. Mr. Pastoriza: Two, three minutes. Chairman Gonzalez: I hope that you make it quick. Mr. Pastoriza: Yes. Well -- Chairman Gonzalez: Once we finish rebuttal, it will come back to the Commission for a vote. After we vote on the item, Commissioner Spence -Jones needs to bring up a resolution. After we hear your resolution and vote on it, we have to go to a special section [sic] with the City Attorney on the shade meeting that we have pending, and then we will take the balance of the agenda, which is your blue pages. Mr. Pastoriza: Commissioner -- Chairman Gonzalez: All right, so I'll appreciate your -- Pastoriza: Yes, sir. Commissioner, the requirement of workforce housing is 65 to 140 percent of the median family income. This is a report prepared by the County, George Burgess, the County Manager, in the -- related to the workforce housing development program. The range of cost for a rental is 800 -- at 65 percent, it's 850. For a home priced at that range, it's 105, 363. At the range of 140 percent, the rental is $1, 870, and the price range is $217, 424 of -- if it is a purchase, and that's -- this is from a County memo that was presented at their workforce housing development program. There is a shortage of workforce housing in Miami, as equally strong as affordable housing, but you have more people in the affordable housing market than you do in the workforce housing. I just want to also send to you -- or give to you a copy of a memo that we got, which relates to the building of the pedestrian overpath [sic] at this site, which a number of people have expressed a concern. The bottom line, ifyou read it, right now there is not sufficient warrants to build a bridge. Chairman Gonzalez: Yeah. That is -- Pastoriza: OK, but if this development goes forward with the parameters that you have there, they are -- they're -- the County is going to restudy it. Now ifyou cut the size of this development or the parameters, you may never get the overpass built there. Chairman Gonzalez: No. Mr. Pastoriza: Now this -- I think these parameters provide for a project that is consistent, compatible, in line, and will allow us to go forward, create jobs, use all the -- our lease obligations on creating job, and also work -- art in the workplace. Commissioners, I would ask that you support the standards and you vote for the standards. Thank you. Chairman Gonzalez: Thank you. I want to allow a couple of minutes to a gentleman from the County that I interrupted when he was trying to correct the record on a couple of points. Mr. Libhaber: Good evening. Bruce Libhaber, assistant county attorney; was the attorney who negotiated the lease and -- for the County. Just two minor change -- or revisions. Issue came up about the requirement of the standards as to whether housing was required or not, and the language was read into the record. The underlying lease does require housing, and it requires City ofMiami Page 170 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 220 residential units, so the 12.5 percent figure that's floated out would be off of that number; 220 residential units, which is incorporated in the lease itself. Vice Chairman Sanchez: And that is in the lease agreement? Mr. Libhaber: Yes. That is in the lease agreement itself. In the -- in addition to that, one other thing. The question was how did it evolve from 14-10-1 to 19-19-1. This went out as an RFP by the County. County put it out to bid, and the proposals came back in April 30, 1999, and indeed, at that time, this proposer did propose a 14-10-1 project. Vice Chairman Sanchez: Right. Mr. Libhaber: The RFP made it very clear that the evaluation committee would evaluate and review based on the criter -- the qualifications of the proposer, the plan, et cetera, et cetera, and it would score accordingly, and then would engage in negotiations with the recommended company or proposer. It always contemplated that there would be negotiations. Arising from those negotiations, the end result was a 19-19-1 sfructure, or set of structures, and the contract of the lease that the Board of County Commissioners approved in March of 2000 was a 19-19-1 structure, so as of 2000 through today, that lease contemplated a 19-19-1 sfructure. Vice Chairman Sanchez: Could l interrupt you for a minute? Mr. Libhaber: Sure. Vice Chairman Sanchez: Having made that statement, the -- did the Dade County Rapid Transit Development Impact Committee also approve that? Mr. Libhaber: The lease or the development standards? Vice Chairman Sanchez: Development standards. Mr. Libhaber: The development standards of 19 -- of the one -- of the 19 stories, or 200 feet -- Vice Chairman Sanchez: Yes. Mr. Libhaber: -- were approved by the RTDIC, yes, and then subsequent to that, when seeking zoning approval or development standards through the RTDIC, that is -- as has been discussed - - that's when they first initially asked unlimited, and then it was reduced and reduced and reduced to the level in which it is consistent with the outer limits of what the lease always had since 2000, so I just wanted to clarify those questions as to how we arrived to this state today. Chairman Gonzalez: All right. Mr. Libhaber: If there's any other questions -- Chairman Gonzalez: Thank you very much. Mr. Libhaber: Thank you. Chairman Gonzalez: All right. Then bring it back to the Commission. Vice Chairman Sanchez: All right. Chairman Gonzalez: The Commission is going to debate now and vote -- City ofMiami Page 171 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Commissioner Sarnoff Mr. Chairman. Chairman Gonzalez: -- either up or down, like Commissioner Sarnoff says. What was the expression? Vice Chairman Sanchez: Fish or cut bait. Chairman Gonzalez: Good emperor. Commissioner Sarnoff There we go, up or down -- Chairman Gonzalez: Up or down. Commissioner Sarnoff -- but what we ordinarily do and what we ordinarily do here is we ordinarily vote up with conditions. I'm going to make a suggestion to you that we vote it down with conditions, though, and let me just suggest something to you because a number of things have been said, and sometimes you need to just make it a little bit clearer, and I don't mean to go into revisionist history, but we're said to go and look at the SADD, and we're told this is the SADD. I'm looking at ten pages ofwhat they call the low growth residential concept. We have the low growth residential concept sfrategy two. We have the moderate growth sfrategy three. We have the moderate growth strategy four. We have the moderate growth strategy five. We have the moderate growth sfrategy six. We have the high growth strategy seven. I could go on and on. The SADD did not set any parameters or terms as to what would be built here. As a matter of fact, it gave a number of different concepts, so even if you had read this, all you would know is something could be built; not any idea, suggestion, or inclination ofwhat could be built. Now the City of Coral Gables, a city I happen to think does things probably a little better than we do sometimes, actually came out and rejected this project;; said it's wrong; it's out of scale, and they gave a detailed memo as to why, and I won't get into that. The end of the movie. In 2006, this developer came to the community and was suggesting 35, 35, and 25 stories for his concept; 1.5 million square feet. That is bigger than Dadeland Station, that entire Dadeland community, by more than half a million square feet. This community panicked, and rightfully so because they could not imagine a Dadeland Station built there, nor could I. I'm going to say something about one suggestion that has not been brought to bear. I started this meeting today asking everybody to give the family of Vincent Delmore our condolences. I asked my staff to look into how many traffic fatalities have occurred in that vicinity. I asked them to go back to 2002. On January 13, 2002, there was a traffic fatality. On February 10, 2002, there was a traffic fatality. On April 29, 2002, there was a traffic fatality. On August 14, 2002, there was a traffic fatality. On November 2, 2002, there was a traffic fatality. On December 20, just before Christmas, 2002, there was a traffic fatality. I've only done 2002. Would you like me to do 2003? On March 25, 2003, there was a traffic fatality. On June 15, 2003, there was a traffic fatality. On June 28, 2003, there was -- I could go on and on. There have been more traffic fatalities there -- if I'm looking at the right numbers, there were, within 15 blocks, almost 25 traffic fatalities on US 1. If go just to that block, just to that very intersection, there have been seven traffic fatalities. If we don't make, as part of our requirement, that Dade County or this developer create some sort of a pass, we're going to be looking at 25 or 30 traffic fatalities for the next four years because that's what we apparently generate. You know, there's going to be building there. We all know that, but we, as a Commission, whenever we go around an R-1 neighborhood, are very careful about one thing. We're very careful about our angles. We're very careful that when we're going to put height, that we put that height scaling down, and one of the things that was provided to us was a very well -thought-out scale -down plan, and I'm referencing what's in front of all of us in the yellow versus the red, and I think we should follow that modification plan, so let me ask that we adopt Diane O'Quinn Williams, who was the County's Planning and Zoning administrator. I guess she was the director. She put out about -- I guess it's this memo here that we have in front of us, and instead of me reading it, let me attach it as part of the record because I think what we should do is reject -- deny this, but ask them to City ofMiami Page 172 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 approve it subject to this. Now this developer can get to his height of 200 feet if he builds an LEED standard building, so it's not like we're putting any kind of harsh onus that we don't ourselves impose upon most of the builders that come to us. We're asking him to have a 50-foot setback and a 50-foot height, I should say, reflective of the intermediate step-down height alongside the west side of 27th, so what they're saying is, look, for the folks right by, the R-1 folks, let's have a 50-foot height right there, nothing that we don't ordinarily suggest ourselves. Everything else they're suggesting, just to give you a for instance -- how about this? Twenty-five percent of the residential units be affordable and twelve and a half percent be workforce housing units. That is real change. That is saying, look, if you're poor, we welcome you here, and you don't need a car, and you can travel to downtown and get yourself a better job, and that's what the County should be promoting because they talk the talk, but they don't walk the walk, so let's make them walk the walk at their transit -oriented corridor. Commissioner Spence -Jones: Can -- Commissioner Sarnoff Go ahead, Commissioner. Commissioner Spence -Jones: Commissioner Sarnoff, I actually love your suggestions on this issue. I just want to have -- because, clearly, my concern about the project was not having enough affordable housing placed within the project, butt wanted to be clear from the City Attorney, real fast, or Lourdes, staff, if you guys can clear this up. If we vote to deny this project with conditions, what happens after -- do they come back to us or it goes to the County? How -- what would be the next steps on that? Hs. Chiaro: If you deny the project and forward your suggestions, which are attached as conditions, the County will then, presumably, consider the conditions. Commissioner Spence -Jones: OK -- Ms. Chiaro: You're -- Commissioner Spence -Jones: -- because the reality is no matter what we do, this is a County project. It's going to go to the County, correct? Hs. Chiaro: That's correct. Commissioner Spence -Jones: OK, so even if we approved it, we couldn't approve it with conditions, correct? Hs. Chiaro: That's correct. Commissioner Spence -Jones: So the only way that we can really send a loud message to the County regarding these key issues is by saying to them we're voting to deny the project, but we're voting to deny the project only because we feel that these things need to be amended. Hs. Chiaro: Yes. You are telling -- Commissioner Spence -Jones: It -- Hs. Chiaro: -- the County why you are denying -- Commissioner Spence -Jones: OK. Hs. Chiaro: -- the project. City ofMiami Page 173 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Commissioner Spence -Jones: Then it still has to come back in front of us to --? Ms. Chiaro: It does not. Commissioner Spence -Jones: OK, so like what is the problem? Chairman Gonzalez: All right. Let's fish or cut bait. Are we ready to (UNINTELLIGIBLE)? Commissioner Sarnoff So my motion would be to deny the project. I'm going to attach the April 22 to -- just to -- for identification purposes, draft where -- they call it the revised draft for internal review. I'm going to attach the map that was provided to us and suggest that these be -- Commissioner Spence -Jones: Second. Commissioner Sarnoff -- the conditions. Thank you. Chairman Gonzalez: All right. We have a motion, and we have -- Mr. Pastoriza: Excuse me -- Chairman Gonzalez: -- a second. Mr. Pastoriza: -- but don't have -- Chairman Gonzalez: It's a resolution. Mr. Pastoriza: -- a copy of that. Chairman Gonzalez: All -- Vice Chairman Sanchez: All right. Wait, wait, wait, wait. Discussion on the item. Discussion on the item. Chairman Gonzalez: Discussion on the item. Vice Chairman Sanchez: Well, unless you want to vote. We'll vote on it -- Chairman Gonzalez: Go ahead. Vice Chairman Sanchez: -- but mean -- Chairman Gonzalez: Go ahead. Vice Chairman Sanchez: No, no. Let's vote on it. Let's see -- Chairman Gonzalez: Why -- Commissioner Regalado: Mr. Chairman -- Chairman Gonzalez: -- OK -- Vice Chairman Sanchez: Because -- Chairman Gonzalez: -- wait, wait, wait, wait, wait. There may be a concern. Why don't we do a roll call on the item? City ofMiami Page 174 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Commissioner Regalado: Roll call. Chairman Gonzalez: Let's do a roll call. We have a motion from -- Vice Chairman Sanchez: To deny. Chairman Gonzalez: -- Commissioner Sarnoff, and we have a second from Commissioner Spence -Jones. Commissioner Sarnoff With these recommendations. Chairman Gonzalez: Right. Commissioner Spence -Jones: With -- yeah, with those amended -- yeah. Chairman Gonzalez: Yeah. Roll call, please. Ms. Burns: Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Burns: Vice Chairman Sanchez? Vice Chairman Sanchez: No. Ms. Burns: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Burns: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Burns: Chairman Gonzalez? Chairman Gonzalez: Yes. Ms. Burns: The motion to deny -- Applause. Ms. Burns: -- has been approved, 4/1. Chairman Gonzalez: All right. Commissioner -- Commissioner Regalado: Mr. Chairman -- Chairman Gonzalez: Yes. Commissioner Regalado: -- ifI may. I am a little -- Commissioner Spence -Jones: I mean, it's got to go to the County anyway. Commissioner Regalado: -- concerned with this memo from the County on the pedestrian City ofMiami Page 175 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 overpass -- Vice Chairman Sanchez: It's too late now. Commissioner Regalado: -- on 27th Avenue, and I think that the City should be more proactive. Chairman Gonzalez: Why don't we -- why don't you hold that for whenever we start talking pocket -- Commissioner Regalado: Yeah, yeah. Chairman Gonzalez: -- items because Commissioner Spence -Jones has to leave, and we need to take -- Commissioner Regalado: Oh, OK. Chairman Gonzalez: -- something for her. Commissioner Spence -Jones, your item, please. Commissioner Spence -Jones: Yes. Chairman Gonzalez: Please, I ask you to walk out quietly. We need to continue this meeting, please. Commissioner Spence -Jones: I just want to -- I didn't know if Commissioner -- excuse me, the Manager had to say something to you that's -- he just wanted to make a statement regarding the man -- the County on this issue. Vice Chairman Sanchez: It'll come back to us. Pedro G. Hernandez (City Manager): If you allow me, Mr. Chairman, just for clarification. My understanding is that the item will go back to the RTDIC, and they look at your recommendations, and then it comes back to the City -- Chairman Gonzalez: OK, but let me tell you. Mr. Hernandez: -- and I'll double-check it -- Chairman Gonzalez: When it comes back -- Mr. Hernandez: -- but that's -- Chairman Gonzalez: -- but let me tell you -- to us, we're going to vote on the item without another public hearing because -- Commissioner Spence -Jones: Yeah. Chairman Gonzalez: -- you know, I mean -- Commissioner Spence -Jones: Agree. Vice Chairman Sanchez: No. You got to have a public hearing. Commissioner Spence -Jones: We got to have a public hearing? Vice Chairman Sanchez: There's modifications, and may I be recognized? City ofMiami Page 176 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Jorge L. Fernandez (City Attorney): If it comes back to you -- it's not necessarily a guarantee because the County has other options. Vice Chairman Sanchez: So do we. Jorge L. Fernandez (City Attorney): Well, I -- then personal representations have been made, but notwithstanding that, if it ever comes back to you, then you have to have another public hearing. Vice Chairman Sanchez: And that's -- Mr. Chairman, could I be recognized? Chairman Gonzalez: That is exactly what told you, Mr. Manager. Vice Chairman Sanchez: Can I be recognized? Chairman Gonzalez: It's exactly what told you. This is playing a game. Vice Chairman Sanchez: Exactly. Chairman Gonzalez: This is wasting time, wasting our time and wasting the taxpayers' time. As the gentleman says, if we cannot approve it, if we cannot make a determination on it, why bring it before the Commission? Vice Chairman Sanchez: May be recognized? Chairman Gonzalez: OK? Vice Chairman Sanchez: Mr. Chairman, couldl be recognized? Chairman Gonzalez: I believe it's totally unfair. It's totally unfair to these people that have been sitting here all day long waiting for this item to be heard. Now we make a decision, and now you're telling me that it goes to the County, and then it's come back, and then these people have to come back and spend -- Mr. Hernandez: Mr. Chairman -- Chairman Gonzalez: -- another day here. Mr. Hernandez: -- I just wanted to clarify that for your own benefit. The assistant county attorney who's here just mentioned to me that the process is that this goes back to RTDIC, and then it comes back to you. Chairman Gonzalez: Well, let me -- Mr. Hernandez: However -- Chairman Gonzalez: -- tell -- Mr. Hernandez: -- there may be -- Chairman Gonzalez: -- you something on the record, and I'm going to tell you something on the record now. I will not take this item on the agenda, as the Chair, until after September of this year, so don't even think about bringing this back July or August, OK? I'm telling you now. City ofMiami Page 177 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Commissioner Spence -Jones: Mr. Chairman, that's the -- Chairman Gonzalez: I'm putting you on notice. Commissioner Spence -Jones: -- reason why I asked the City Attorney. That's why I was frying to be real clear whether or not -- Vice Chairman Sanchez: Can I be recognized? Can I be recognized -- Commissioner Spence -Jones: -- it had to come back. Vice Chairman Sanchez: -- Mr. Chair? Chairman Gonzalez: Yes, sir. You're recognized. Vice Chairman Sanchez: Mr. Chairman, that's the reason why I voted no on this item, OK, and let me tell you why I voted no. I knew I didn't have the votes, butt knew that this would go back to that committee with the recommendations that were put forth, and it would come back to us because that's the way the process is designed. I personally believe that we don't have any legal round [sic] to deny this process because the jurisdiction falls within the County. This process will have to go through the County, through the zoning, and the building process of it. If you look at the records that are here today -- and I want to just make for the -- I'm very -- first of all, I'm very impressed with Felice. For the first time coming in front of this Commission, I think she did very well, and she needs to be commended, but as a legislative body -- and I'm very surprised, Commissioner Sarnoff, you being an attorney. I am very sympathetic to the residents that came forth with the concerns that they had. They have every right to come in front of this Commission, but we, this legislative body, can never base our decisions on rumors, innuendos, and gossip, and a lot of the things that were put forth in here were innuendos, gossips, and rumors. It has to be based on substantial evidence, competent substantial evidence and the facts that have been presented in front of us, based on the laws. That is our -- how we make our decision here, not politically motivated; leadership motivated. Not that I'm pointing the finger at anybody, and I don't want to offend anybody. Although the tragedies in US 1 -- although they're tragic and sad, that's irrelevant to this item, although I would support putting forth any recommendations that you can, but for us to deny this item, based on the facts that were presented to us -- and I'm going to read the facts because I wrote them all down basic listening on the arguments that have been made. Our Comprehensive Plan promotes large development near public transit. It is our Comprehensive Plan that says, yes, we accept that as our laws. The Cocoanut Grove Village Council and the City ofMiami Commission commissioned the Coconut Grove planning study in support of high density and intensity in the Metrorail stations. It's there. It's -- the law was presented. Nobody rebuttalled [sic] it. It's the law, and we have to make our decision based on the law. Is that urban transit site? Yes, it is, folks. Is that the future of our city, to promote development in transit where people get off our cars? We hear everybody complaining about traffic, speeding, pollution, but we do anything -- we don't do things to get people off of our cars to use the transit. Now ifMiami's truly being a transit -oriented city, it has transit -oriented development. We have to focus on these types of developments. The issue that's in front of us that came was recommended by the Transit Development Impact -- they're the ones that suggested the 19 stories. At one time, it was 35; it got kicked back. It's here. All the County is asking is for us to make a recommendation in support of their standards. They're going to decide. Every resident that was here has the right to go through that process that we have here when we develop. They could go to the County and say we're against it; we're for it, and make the arguments over there, but by us making this decision here to -- not to support it, you're holding the development, which a lot of people said they were for the development. Those conditions that have been proffered, Commissioner, those conditions could be implemented in the proper authority and jurisdiction, which is the County, not us. It's going to come back to us six, seven months, whenever, and we're going to sit here again, and we're going to go, do you City ofMiami Page 178 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 accept the standards? No, we don't. They're going to go back to the County, so we're just going to be shuffling back and forth. IfI was a County Commissioner -- and I think we need to respect the County Commissioners -- I would be offended by this Commission, us making -- well, you know, we're going to put conditions on them, and it's fine. We could put conditions. They may take them; they may not, but by us denying this, I don't think it's the future of what we want to accomplish, unless we're hypocrites, and if we are, we're hypocrites 'cause we talk about traffic. Oh, development; don't build it in my house. Affordable housing. No, not near my house, but where are we going to put it? If you look at every major city in this great nation of ours, you're going to see that transit is where people are being built for people can move in, whether it's low income, whether it's affordable housing, or whether -- whatever it may be. God bless you if you could afford a million -dollar home or $15 million home, so that was the reason why I voted no, based on the facts that were presented here, and I'm very sympathetic to the residents that are very concerned. They're going to have an opportunity. I have not denied anybody the process to go to the County and present their arguments in front of the County Commission, and the County Commission could go, "Not 19 stories; we'll do 11." All the concerns that you put forth, they could address. Now I am prepared to make the recommendation of approval with conditions -- recommendations -- whichever it may be. I think that's more accepted in the County, where they're going to accept it better than a denial. Unidentified Speaker: You can't. Vice Chairman Sanchez: Sure, we can. Commissioner Sarnoff You cannot. You can only approve or you can deny with recommendations. Commissioner Spence -Jones: Mr. Chairman, and I think that -- I just want to be clear. The reason why my vote was what it was -- because that's why I asked the City Attorney. IfI asked -- and the question I asked, Maria -- excuse me -- Ms. Chiaro -- Vice Chairman Sanchez: I don't think there's legal grounds to -- Commissioner Spence -Jones: --I asked the question -- Vice Chairman Sanchez: -- deny this project. That was my vote. If it was a motion with -- Commissioner Spence -Jones: -- ifI denied it, could put the conditions on it? Yes. IfI approved it, could I put the conditions on it? Ms. Chiaro: No. Commissioner Spence -Jones: No, and then I asked the question, does it still have to come back to us, and -- Ms. Chiaro: OK. Commissioner Spence -Jones: -- apparently, we didn't know that information because the County then didn't really speak up to say anything different at that time. It was said, no, it didn't have to come in front of us -- Ms. Chiaro: We -- Commissioner Spence -Jones: -- so that's the reason why you got that vote from me because, at that point, you know, what else is there for us to do? I mean, how do you deny -- how do you not promote affordable housing or additional affordable housing? City ofMiami Page 179 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Ms. Chiaro: The -- Commissioner Spence -Jones: I mean, the reality is, I mean, some of the -- yes, we do need workforce housing, and I was very supportive of that, but I do think that we should include the additional affordable housing. Ms. Chiaro: -- vote that was -- Commissioner Sarnoff Because the only way we could do it was this way. The only way it could have been -- Commissioner Spence -Jones: That was what was communicated. Commissioner Sarnoff We either said yes or we said no with conditions, period. If you believe you should have voted yes, then change your vote -- Vice Chairman Sanchez: Listen -- Commissioner Sarnoff -- but -- Vice Chairman Sanchez: -- ifI may. I voted no. Under the Mason's Rules of Order, I cannot make a motion to reconsider. I just didn't want this vote to go through on a 4/1 by me just voting no on the issue because I wanted to put the concern that I have and base -- as a voting member of this legislative body, I tell you, we have no legal grounds to deny this concept when you have the County here supporting it, when you have every major law supporting it. Every major law that's in front of us supports this, and we have no jurisdiction whatsoever. Just to tell the County, yes, we -- Chairman Gonzalez: No, no. Commissioner Sarnoff No, no, no. Vice Chairman Sanchez: -- support the standards you're taking. Commissioner Sarnoff You're missing the point, Joe. The point was that we're supposed to make a recommendation. Whether you think there was nothing supporting in front of you -- you know, I could make some statements. I should hold my tongue, though. Chairman Gonzalez: All right. We -- where do we stand? Because we need to conclude the meeting. Commissioner Spence -Jones: There's a vote. Ms. Chiaro: You have voted on this item. Chairman Gonzalez: We already voted. Commissioner Regalado: Exact -- Chairman Gonzalez: We already voted on the item. Ms. Chiaro: Yes. Vice Chairman Sanchez: All right. OK. City ofMiami Page 180 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: And we might see it back in October or November, so that way you have plenty of time to play games between our staff and the County staff have meeting, entertain themselves, have lunch, OK? City ofMiami Page 181 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 NON AGENDA ITEMS NA.1 07-00736 DISCUSSION ITEM DISCUSSION REGARDING THE IMPLEMENTATION OF A NEW PROCEDURE ADDRESSING BLUE PAGES OF COMMISSIONERS DURING COMMISSION MEETINGS. DISCUSSED Chairman Gonzalez: We will now begin the regular meeting. The City Attorney will state the procedure to be followed during this meeting. Jorge L. Fernandez (City Attorney): Mr. Chairman and Commissioners -- Chairman Gonzalez: And before the City Attorney start, I just want to -- I want to thank my colleagues for helping me out in conducting a smooth, easy meetings. I requested through a memo that I sent to each Commissioner, I requested to them -- from them that please only have two items on their blue pages and to try to limit the blue pages because that will help us run a more efficient meeting, and also, I stated that we will have the blue pages considered at the end of the agenda, our regular agenda items. You know, I have been working on trying to control this portion of the agenda for the last, probably, three or four or five months. All -- I also requested some time ago that items that were placed on the blue pages of the Commissioners were items to be discussed among the Commissioners, debated among the Commissioners, that no public input will be accepted under the blue pages. Once the Commissioner discuss a blue page, if they find it necessary to be -- to get public input, then it will be sent to the Administration; it will be put on the regular agenda as a public item or a public hearing item, and then we will take whatever time is necessary to discuss that item on the regular agenda as a public hearing item, so you know, I really want to thank every one of you for helping me run this meeting. One day each -- Regalado has already been a Chair; so has been Vice Chairman Sanchez, and Commissioner Sarnoff and Commissioner Jones [sic], both of you will eventually be Chair in this Commission, and then you will know how -- you know, what I have to go through in order to run these meetings, and then you will say, you know, no wonder Commissioner Gonzalez -- you know, I didn't appreciate what he was doing at the time, but now I appreciate what he was doing, and I'm ready to do it myself so with that, I just want to thank you again, and I really appreciate your support and really appreciate your help on running these meetings. NA.2 07-00738 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE REGULAR CITY COMMISSION MEETING, CURRENTLY SCHEDULED FOR JULY 12, 2007, TO BE HELD ON JULY 10, 2007. Votes: Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado Vice Chairman Sanchez: Mr. Chairman, before we go into the order of the day, which is the agenda, could I just put on the table a change of date for one of the Commission meetings? As summer vacation comes about, you know, those of us who have children have to work around our schedule to be able to have a family vacation, and I would respectfully request from my colleagues the July meeting, the July 12 meeting, if it's OK with your calendar -- and I want to work with everyone -- could we try to change that to July 19? I think we would have plenty of time to properly advertise that change, so if it's OK with the Commissioners, I would proffer to change the July 12 meeting to the 19th, and then we would have back-to-back meeting the 19th and the 25th, but then we're off in August. City ofMiami Page 182 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: We will have a meeting on the 19th and another meeting on the 20th? Vice Chairman Sanchez: On the 26 -- Chairman Gonzalez: On the 26. Vice Chairman Sanchez: -- week to week, which is -- I mean, if it's OK with you, I would make a motion to change that date, but I'd rather give you time to look at your calendar. I mean, I'm not the only one here who may have -- Commissioner Sarnoff Right. I know that I won't be able to make the 19th. Vice Chairman Sanchez: You won't be able to make the 19th? Commissioner Sarnoff Not -- I know I have to go out of the country right through the 19th. Vice Chairman Sanchez: All right. Could we do it --? Well, you don't want to do it on the 5th, right after the Fourth of July, that's for sure. Commissioner Spence -Jones: No. Vice Chairman Sanchez: You don't. I mean -- can we --? I mean, it doesn't have to be on a Thursday, our Commission meeting. Commissioner Sarnoff Right. Vice Chairman Sanchez: Why don't we --? I'll come back in the afternoon. Please proffer the days that you're available, and I'll present it in the afternoon meeting. I'll make a motion to change the meeting, once we agree on a date -- Commissioner Sarnoff OK. Vice Chairman Sanchez: -- and I, once again, want to thank you. Once again, you know, when you have a family, you work around a schedule, and the kids have scheduled a trip, I'm going to be chaperoning a bunch of kids traveling abroad, so it's going to be interesting. Commissioner Sarnoff Where you're going? Vice Chairman Sanchez: Thank you. Commissioner Sarnoff Where you're off to? Vice Chairman Sanchez: Later, I'll tell you. Go ahead. [Later..] Vice Chairman Sanchez: Also, before we do that, I think we -- I'm sorry. Also, before we recess, I think all the Commissioners have agreed to change the July date from the 12th to the 10th; all the Commissioners are available. We'll be changing it from the 12th -- Chairman Gonzalez: When will be the -- Vice Chairman Sanchez: -- which is a Thursday -- City ofMiami Page 183 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: -- last meeting in June? Vice Chairman Sanchez: -- to attend -- the last meeting in June is the 28th. That gives us plenty of time. Chairman Gonzalez: That gives us -- Commissioner Sarnoff That was with the understanding you're buying lunch. Vice Chairman Sanchez: I'll buy lunch -- Commissioner Sarnoff OK. Vice Chairman Sanchez: -- ifI have to. Chairman Gonzalez: And then we have the 10th and then the 26th, right? Vice Chairman Sanchez: Yes. Chairman Gonzalez: July 26. What a day for the Cuban people. Vice Chairman Sanchez: All right, so I would make a motion to change the July Commission meeting, which is the regular Commission meeting, from the 12th, which is a Thursday, to a 10th, which is a Tuesday. So move. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Sarnoff Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right, and we will be back at 2:30. Adrienne Pardo: Will the PZ (Planning & Zoning) be at 2:30? Chairman Gonzalez: Is that agreed? Pardon me? Ms. Pardo: Is the PZ going to resume at 2:30 or is it --? Chairman Gonzalez: Yes, ma'am, it will. Ms. Pardo: OK Thank you. Chairman Gonzalez: And then we're going to break for a shade meeting, I don't know when; maybe at 3, maybe -- Ms. Pardo: OK. Chairman Gonzalez: -- at 3:30, when -- Ms. Pardo: Great. Chairman Gonzalez: -- Commissioner Sanchez -- City ofMiami Page 184 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 NA.3 07-00727 District 5- Commissioner Michelle Spence -Jones Ms. Pardo: Thank you very much. Chairman Gonzalez: -- come back. Chairman Gonzalez: All right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACKNOWLEDGING THAT FORMER COMMISSIONER ARTHUR EARLE TEELE, JR., HAS BEEN CLEARED OF ALL THE CRIMINAL CHARGES BY REASON OF WHICH HE WAS SUSPENDED FROM OFFICE; URGING GOVERNOR CHARLIE CRIST TO REVOKE THE SUSPENSION AND THEREBY ENABLE HIS WIDOW TO RECOVER BACK PAY AND SUCH OTHER EMOLUMENTS AND ALLOWANCES AS SHE MAY BE ENTITLED TO UNDER THE LAW. 07-00727 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0294 Chairman Gonzalez: All right. Commissioner Spence -Jones -- Commissioner Spence -Jones: Yes. Chairman Gonzalez: -- you're recognized. Commissioner Spence -Jones: I'm sorry, Mr. Chairman. First of all, I want to say thank you for allowing me to deal with my items. I was actually supposed to be on the road since 3 o'clock this afternoon, but this -- these items are very important, so that was the reason -- I'm going to wait until it gets quiet in the room. Chairman Gonzalez: All right. Please, we need some silence here so we can proceed with our business. Do you want to read your resolution? Commissioner Spence -Jones: Yes, but I would like for it to be -- I mean, people are just -- it's just entirely too loud. OK. The first thing that I want to address -- and I think that you guys should have copies of these -- the pocket item, which I'm going to go head [sic] and take real fast, only because I have to get on the road. The first one, as you know, this is a pocket item simply to correct a wrong against the former City ofMiami Commissioner Arthur E. Teele, in order for his widow to receive his pension and those benefits he would have been entitled to if he had not been suspended by the Governor. On December 13, 2005, the federal district court granted the United States motion to dismiss the federal indictment against Commissioner Teele, and on April 18, 2007, the Third District Court ofAppeals reversed Commissioner Teele's conviction, and then, just recently, I'm sure you've heard, on May 22, the trial court entered a judgment of acquittal. In light of these developments, I understand that the Governor must rescind the executive order suspending the Commissioner, and this is simply a statement from this Commissioner -- Commission urging the Governor to rescind that executive order. You have a copy of the resolution, and I just wanted to make sure that we had support. I understand - - I've already talked to the City Manager, which has already talked to the City Attorney, and there's no issue. He did serve his time, the seven years. I think it's the -- only the right thing to City ofMiami Page 185 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 NA.4 07-00726 District 4- Commissioner Tomas Regalado do to make sure that his wife gets their -- his -- Vice Chairman Sanchez: Second. Jorge L. Fernandez (City Attorney): Well, the subject matter of the resolution, though, does not deal directly with the issue of the pension. Vice Chairman Sanchez: No. Mr. Fernandez: That may be -- Commissioner Spence -Jones: Yes, I know. Mr. Fernandez: -- an outcome of what happens if-- when the Governor, in fact, reinstates or -- Commissioner Spence -Jones: Right. Mr. Fernandez: -- rescinds his suspension, and then, at that point in time, the Administration and us, we're ready to address the issues of the entitlement, to which Commissioner Teele would have had. Commissioner Spence -Jones: OK. Well -- Chairman Gonzalez: All right, so you moved the resolution? Commissioner Spence -Jones: I so -- he second it. Vice Chairman Sanchez: Second. Chairman Gonzalez: Is there a second to this resolution? Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Commissioner Spence -Jones: Thank you so much. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING SUPPORT OF THE LETTER SENT TO THE UNITED STATES SENATE APPROPRIATIONS COMMITTEE, BY THE MAJORITY OF THE UNITED STATES SENATORS, REJECTING THE ADMINISTRATION'S RECOMMENDED TWENTY PERCENT (20%) CUTS TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, AND ASKING FOR AN INCREASE IN THE LEVEL OF FUNDING FROM $3.9 BILLION TO $4.1 BILLION, FOR FISCAL YEAR 2008; DIRECTING THE CITY OF MIAMI'S LOBBYING TEAM TO WORK IN SUPPORT OF THESE REQUESTS; URGING PRESIDENT GEORGE W. BUSH AND THE MEMBERS OF THE UNITED STATES CONGRESS TO SUPPORT THE SAME; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE City ofMiami Page 186 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 OFFICIALS DESIGNATED HEREIN. 07-00726 Legislation.pdf 07-00726 Submittal.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Regalado Absent: 2 - Commissioner Sanchez and Spence -Jones R-07-0293 Chairman Gonzalez: Let's go into -- well, let's wait for the Manager because it may require some action from the City Manager. Commissioner Regalado: Mr. Chairman, I have here a resolution. I think we should pass this. Recently, 61 senators, including the majority leader, Harry Reid, sent a letter to the Budget Committee of the Senate asking that they reject the Administration proposal to cut 20 percent of CDBG (Community Development Block Grant) funding, and that they raise the amount in the -- Chairman Gonzalez: To 4.1 billion, I believe. Commissioner Regalado: -- to 4.1 million. The important thing about 61 senator is that, after you have 60, you cannot avoid a vote, so there will be a vote in the Senate, so my resolution is to direct the City Manager to immediately ask the lobbying team in Washington that the City has to lobby with Senator Martinez, and Nelson, and all the other senators that they have relation in favor of number one, rejecting the 20 percent cut of the Bush Administration, and number two, to increase working with the House to increase. That will be my motion. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Sarnoff I'll second. Chairman Gonzalez: And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: No "nos." Commissioner Regalado: The other -- Chairman Gonzalez: Motion carries. NA.5 07-00734 DISCUSSION ITEM Discussion concerning the Commission being briefed on hurricane preparedness. DISCUSSED Direction by Chairman Gonzalez to the City Manager urging him to keep the Commissioners abreast of information relating to hurricane preparedness. Chairman Gonzalez: And now that you speak about hurricanes, are we ready in case we have an emergency? They're talking about 17 -- I believe, 17 storms; ifI remember correctly, nine hurricanes, with five major hurricanes. City ofMiami Page 187 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Commissioner Regalado: And no El Nino. Chairman Gonzalez: And no El Nino. Commissioner Sarnoff No El Nino, right. Chairman Gonzalez: Are we prepared? Are we --? I believe that -- you know, and I requested this last year, and you know, as in many, many cases, they hear my request, and they say, yeah, yeah, yeah, and then they went outside and laugh about it. I think that we should be brief -- each Commissioner should be brief on how prepare we are and how ready we are. Communications - - and I'm going to insist on that again -- is very critical. I remember that the last hurricane that we had, I was out -- Commissioner Regalado: Three -- two days. Chairman Gonzalez: Exactly. Commissioner Regalado: Two days. Chairman Gonzalez: I was totally incommunicated with anybody, City Manager, staff, couldn't communicate with my colleagues to find out if they were alive or -- for two days because we had no radios; we had no system; cells were down; hard-line phones were down. Totally incommunicated, and we need to start working on that and getting prepared because let me tell you. Once we have a storm or we have a crisis like that, we need to be out there in the field, each one of us, with the first respondents, you know. People want to see us out there taking care of problems and directing, you know, things and getting involved on solving their situations and their problem, so -- Pedro G. Hernandez (City Manager): Mr. Chairman -- Chairman Gonzalez: -- Commissioner Sarnoff. Mr. Hernandez: -- preparations -- I know I'm getting ready. Approaches are going on already. However, you mentioned a very, very good point. In my experience at the County with storms and responding to it, we also had similar problems with communications, and be able to get the elected officials to be able to communicate, to know what's going on, to be abreast of happenings, to be out in the field, and I'll remind staff of those concerns and get back to you individually. Chairman Gonzalez: You want to know how bad it was? I couldn't even get a hold of my sergeant at arms to go home -- to go to my house and pick me up, and then I remember that I had a police radio, and through the police radio, I communicated to the dispatcher, and then had the dispatcher -- and they had to send someone to the sergeant at arms house, knock on his door, and tell him to -- you know, you need to go and pick up the Commissioner. Commissioner Sarnoff Well, don't we have radios for us? Mr. Hernandez: I believe we do, yes. Commissioner Sarnoff Right, and wouldn't there be ample sergeant of [sic] arms for each Commissioner? I know we don't usually have -- Mr. Hernandez: There should be, but like anything else, I think it's a question of going over the protocol and actually exercise and understand how to use them also. City ofMiami Page 188 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 Chairman Gonzalez: That's why I'm asking -- Commissioner Sarnoff Right. Chairman Gonzalez: -- if we're ready, and that we should be informed. We should have a meeting and ask questions like that because now is the time to say, you know, get prepared to have additional sergeant at arms -- Commissioner Sarnoff Exactly. Chairman Gonzalez: -- `X" number of sergeant at arms, you know. Commissioner Sarnoff Everybody's going to need one. Chairman Gonzalez: Exactly, so -- and vehicles and everything. Commissioner Sarnoff Right. Vice Chairman Sanchez: Mr. -- Chairman Gonzalez: Commissioner Regalado, any other business? NA.6 07-00735 DISCUSSION ITEM Discussion concerning postage of sign on building located in Allapattah, at 21 st Avenue and 21 st Street. DISCUSSED Direction by Chairman Gonzalez to the City Manager to contact the Miami Parking Authority in reference to posting signage on the building located in Allapattah, at 21 stAvenue and 21 st Sfreet, stating "Public Parking Facility" and the parking rates. Chairman Gonzalez: Any pocket items? Any other business? Before closing, I just have an issue with -- we built a parking sfructure in Allapattah on 21 stAvenue and 21 st Sfreet. About six or seven months ago, a few merchants called me because they were having problem with parking, and I told them, you have a parking structure that accommodates 350 cars. Well, I didn't know that that was public parking. We thought that that was part of Goodwill Industries building. I said, no. That's public parking. Well, it doesn't have any sign that says it. You're right, it doesn't have a sign, so I have Castaneda call Miami Parking Authority and ask them to have sign place on the building. Well, couple of days ago, I was walking down on 20th Sfreet visiting different businesses and talking to different business owners, and we had the -- I had the complaint that on Mother's Day -- the Mother's Day weekend, a lot of people were complaining that there was no parking. I said, how could it be? We have a parking sfructure. We have 350 parking spaces. We have all the meters. Well, but the problem is that people believe that that's a private parking for Goodwill because it doesn't have any signs, so what I would like to do is to -- instructions to please contact Miami Parking Authority and ask them to please place a sign on the building, not on the street, three blocks away, signaling, you know, public parking five blocks away -- in the building, signage that says public parking facility, and if they can incorporate the rates, you know, they should also include the rates on the sign because we -- you know, you go by there and the parking structure is empty and people are looking for parking spaces somewhere else. Pedro G. Hernandez (City Manager): And they're losing business, actually. Chairman Gonzalez: They're losing business. You know, it's incredible, so please take care of City ofMiami Page 189 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 that. All right. Any other business? Well, meeting adjourned. Have a wonderful long weekend Commissioner Sarnoff Memorial Day. Chairman Gonzalez: -- Memorial Day. NA.7 07-00755 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING SUPPORT OF THE LETTER SENT TO THE UNITED STATES SENATE APPROPRIATIONS COMMITTEE, BY THE MAJORITY OF THE UNITED STATES SENATORS, REJECTING THE ADMINISTRATION'S RECOMMENDED TWENTY PERCENT (20%) CUTS TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, AND ASKING FOR AN INCREASE IN THE LEVEL OF FUNDING FROM $4.1 BILLION TO $8 BILLION, FOR FISCAL YEAR 2009; DIRECTING THE CITY OF MIAMI'S LOBBYING TEAM TO WORK IN SUPPORT OF THESE REQUESTS; URGING PRESIDENT GEORGE W. BUSH AND THE MEMBERS OF THE UNITED STATES CONGRESS TO SUPPORT THE SAME; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0297 [Later...] Vice Chairman Sanchez: Mr. Chairman -- Chairman Gonzalez: Commissioner Sanchez. Vice Chairman Sanchez: -- ifI could just -- Chairman Gonzalez: Vice Chairman. Vice Chairman Sanchez: -- echo on Commissioner Regalado's pocket item urging Congress to fund the CDBG program at $4.1 million. As you know, we are extremely concerned with these cuts that the federal government is tossing down to local governments, and I just wanted to give you a little quick report as you are aware, you -- as the cochair, along with you, as the Chair, that the Mayor assigned us to Save CDBG Task Force that we put together in 205 [sic], when this program faced the risk of elimination. Chairman Gonzalez: 205 [sic] and 206 [sic]. Vice Chairman Sanchez: Yeah, and 206 [sic]. I just want to put us on the record in support of the resolution that the Mayor has cosigned at the US (United States) Conference ofMayor [sic] and adopted as our own -- and adopt this as our own, or to complement Commissioner Regalado. This is the letter that has been signed by 62 senators, including Senator Nelson and Martinez have signed in support of increasing the CDBG funding to $4.1 million. However, the Conference ofMayor [sic] has adopted this resolution asking Congress to fund the CDBG City ofMiami Page 190 Printed on 6/11/2007 City Commission Meeting Minutes May 24, 2007 program at $4.1 billion [sic] for the fiscal year of '08, and it also calls for Congress to further doubling of the formula funding to CDBG to at least $8 million in the future, as we continue to have a dire need of services. You know, every year when we are faced with the budget, the Commissioners are the first one to say, hey, social service is being hit. These are the people that need it the most. They're the most needed, and I think that if we could somehow complement Commissioner Regalado's resolution, but also send this one up there that basically has the signatures of 62 senators, I think it'll be beneficial to all of us in support. I think we all agree on this issue. We may disagree on a lot of issues, but when it comes to the need of our seniors, when it comes to the need of the -- of those that are less fortunate, that can't help themselves, I think we unite ourselves in a unified force to stand for what's fair, what's right, and to provide what we can for those in need, so I would make a motion to complement Commissioner Regalado's -- Commissioner Regalado: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Vice Chairman Sanchez: Thank you. City ofMiami Page 191 Printed on 6/11/2007