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HomeMy WebLinkAboutCC 2007-07-26 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com IF Ali Meeting Minutes Thursday, July 26, 2007 9:00 AM PLANNING & 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 July 26, 2007 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES PA - PERSONAL APPEARANCES PH - PUBLIC HEARINGS FR - FIRST READING RE - RESOLUTIONS PART B PZ - PLANNING AND ZONING ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 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 8/15/2007 City Commission Meeting Minutes July 26, 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 26th day ofJuly 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 9:31 a.m., recessed at 12:09 p.m., reconvened at 2:38 p.m., recessed at 7:47 p.m., reconvened at 8:00 p.m., and adjourned at 11: 02 p.m. Note for the Record: Commissioner Sarnoff entered the Commission chambers at 2:38 p.m. Note for the Record: Commissioner Regalado entered the Commission chambers at 2:40 p.m. Note for the Record: Commissioner Spence -Jones entered the Commission chambers at 8:02 p.m. Note for the Record: Chairman Gonzalez entered the Commission chambers at 8:34 p.m. ALSO PRESENT: Pedro G. Hernandez, City Manager Julie O. Bru, Deputy City Attorney Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk Chairman Gonzalez: Good morning, ladies and gentlemen. Welcome to the July 26, 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 David Sarnoff and me, Angel Gonzalez, chairman. Also on the dais are Pete Hernandez, City Manager, Julie Bru, Deputy City Attorney, and Priscilla Thompson, the City Clerk. The meeting will be open with a prayer by Vice Chairman Sanchez and the pledge of allegiance by Commissioner Regalado. Will you please all rise for the invocation and the pledge of allegiance? Invocation and pledge. PRESENTATIONS AND PROCLAMATIONS PR.1 07-00969 CEREMONIAL ITEM 9:00 AM Honoree Presenter Protocol Item City of Miami Public Schools Mayor Diaz Certificates 2007 Super Bowl Host Committee Mayor Diaz Salute Rodney Barreto, Chairman Kagoshima Student Exchange Program Mayor Diaz Salute Seniors First Hurricane Readiness Expo Volunteers Commissioner Spence -Jones Certificates Nena's Restaurant Commissioner Sarnoff Salute Antonieta Anzardo 07-00969 Protocol List.pdf City ofMiami Page 3 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 1. Mayor Diaz recognized and paid fribute to the principals, teachers, and students of 19 City of Miami schools for their outstanding dedication and steadfast commitment to student achievement during the school year 2006 - 2007, particularly Lenora B. Smith Elementary, Miami Edison Senior High, and Miami Jackson Senior High schools for no longer being F-rated schools, and further recognizing Coral Way K-8 Center, Design and Architectural Senior High, Edison Park Elementary, Fairlawn Elementary, Francis S. Tucker Elementary, George Washington Carver Middle, Henry Flagler Elementary, MAST Academy, Maya Angelou Elementary, New World School of the Arts, Shadowlawn Elementary, Silver Bluff Elementary, Southside Elementary, and the Young Women's Preparatory Academy. 2. Mayor Diaz paid fribute to and recognized Consul General ofJapan, Hiroshi Yamaguchi, and the Japanese exchange students in honor of the 2007 Miami -Kagoshima Sister -City Student Exchange Program for their participation and commitment to broaden their world view and share their knowledge in a cultural diverse setting and for their active pursuit of cross-cultural awareness; also recognizing the host families of said program, as well as Agnes Youngblood and Jose Fuentes. 3. Vice Chairman Sanchez recognized Coach March Carreno, Ambassador Luis Lauredo, and the players of the Miami Senior High School Basketball Team (Stingarees) as champions of the International Basketball Tournament held in Guayaquil, Ecuador. 4. Commissioner Spence -Jones recognized Deputy Fire ChiefMaurice Kemp, Evelyn Jordan (CAA), Loren Daniel, Voncarol Kinchens-Haynes, Rasha Cameau (NET Offices), Hattie Willis (Chairperson of Seniors First Initiative), Toshiba Symonette, Michelle Frazier, Chante Sweet, Ulysses Harvard, and Curley's House for their dedication and support to the Seniors First Hurricane Readiness Expo; further recognizing the top three workers of the NSW with $100 gift cards, namely Jill Turner, Terrence Cook, and Michel Rosny; further recognizing the participation of Vista volunteers. 5. Commissioner Sarnoff presented a salutation to the owner of Nena Restaurant, Antonieta Anzardo, for providing 32 years of excellent service and being a unique cultural catalyst in the City ofMiami. 6. Commissioner Sarnoff presented a proclamation on behalf of National Marina Day, which encourages and promotes a safe natural environment and good boating practices for residents of the Greater Miami area and other persons having a common interest in water recreation. Chairman Gonzalez: We will now make the proclamations and presentations. The Mayor has three proclamations and presentations to do this morning. You're welcome, Mr. Mayor. You're recognized. Mayor Manuel A. Diaz: Thank you, Mr. Chairman. Presentations made. MAYORAL VETOES NO MAYORAL VETOES Vice Chairman Sanchez: There are no mayoral vetoes. Priscilla A. Thompson (City Clerk): That is correct. Vice Chairman Sanchez: OK, for the record. APPROVING THE MINUTES OF THE FOLLOWING MEETING: City ofMiami Page 4 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Motion by Commissioner Spence -Jones, seconded by Commissioner Sarnoff, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Vice Chairman Sanchez: And we need a motion to approve the minutes of the Planning and Zoning meeting ofJune 28, 207 [sic]. Is there a motion? Commissioner Spence -Jones: So move. Vice Chairman Sanchez: There's a motion by Commissioner Spence -Jones. Commissioner Sarnoff Second. Vice Chairman Sanchez: Is there a second? Second by -- Commissioner Sarnoff Second. Vice Chairman Sanchez: -- Commissioner Sarnoff. No discussion on the minutes. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." City ofMiami Page 5 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Order of the Day Chairman Gonzalez: We will now begin the regular meeting, and the City Attorney [sic] will state the procedures to be followed during this meeting. Madam City Attorney. Julie O. Bru (Deputy City Attorney): Yes. Thank you, Mr. Chairman, members of the Commission, Mr. Manager. Any person who is a lobbyist must register with the City Clerk before appearing in front of the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. The 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 at www.miamigov.com. Formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto certain items approved by the City Commission within ten calendar days of the Commission action. The Commission may override such veto by a four fifth vote. 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 continuance 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, nor other audible sound or ringing devices are permitted in the Commission chambers. Please silence those now. Any person making impertinent or slanderous remarks or who becomes unruly while addressing the Commission shall be barred from further attending Commission meetings, unless permission to continue or again address the Commission is granted by a vote of the Commission. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or Commissioner are allowed. No signs or placards are allowed in the chambers. Persons exiting the Commission chamber shall do so quietly. Persons may address the City Commission on items appearing on the 'public hearings" portion of the agenda and on items where public input is solicited. Persons wishing to speak should inform the City Clerk as soon as possible of the desire to speak and give the Clerk their names. At the time the item is heard, persons who will speak should approach the microphone and wait to be recognized. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. The Planning and Zoning items will begin after 10 a.m. At this time, Mr. Chairman, the Administration will announce any items that are being withdrawn or deferred. Pedro G. Hernandez (City Manager): Mr. Chairman, good morning, Commissioners. Chairman Gonzalez: Good morning. Mr. Hernandez: The Administration would like to defer item PZ.5. We still have to do some work on it, and we would like to continue it to the next Planning and Zoning meeting. Also, the Administration would like to defer item FR.1, which is -- deals with a mural ordinance and is sponsored by Commissioner Sarnoff, and I feel that, you know, it's a significant item, and what the -- requires additional work by the Administration before providing a final recommendation to the full Commission, and I would like to ask Commissioner Sarnoff to consider the deferral at this time. City ofMiami Page 6 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 "[Later...]" Vice Chairman Sanchez: All right. Let's go with the consent agenda. Any other items, Mr. City Manager, that you will like to pull from the agenda? Mr. Hernandez: Mr. Chairman, the only other one was the one that I mentioned before, which was PZ.5. That's in the Planning and Zoning agenda, number 5. Vice Chairman Sanchez: OK. Mr. Hernandez: It's -- I'm sorry. It's continued, not defer, and -- Vice Chairman Sanchez: OK. Mr. Hernandez: -- it also has a companion item, which is PZ.4. Vice Chairman Sanchez: Any other Commissioners requesting any items pulled for discussion or deferral? Can we go to the consent agenda? Any items pulled for discussion on the consent agenda? Well, before we do that -- Commissioner Spence -Jones: We have the -- Vice Chairman Sanchez: -- I apologize. I was passed over the gavel. Are they [sic] minutes to approve? Priscilla A. Thompson (City Clerk): Yes, but ifI might ask, Chair? Vice Chairman Sanchez: Yes. Ms. Thompson: Are we going to deal with those that are continued or deferred, or we're going -- are we going to vote on those or we're going to come back? Vice Chairman Sanchez: All right. We -- the items that have been offered for deferral by the Administration, is there a motion? Adrienne Pardo: Could I just ask why? That's my item. Commissioner Spence -Jones: Which item? Ms. Pardo: 4 and 5. I was supposed to get certain approvals. Ms. Thompson: We need a name for the record, please. Ms. Pardo: Adrienne Pardo, with law offices at 1221 Brickell Avenue. Vice Chairman Sanchez: Adrienne, apparently, if the Administration deferral [sic] -- I mean, there's got to be a reason. Why is there a deferral on this item, PZ.5? Commissioner Spence -Jones: Why is there a deferral? Vice Chairman Sanchez: Mr. City Manager, why is there a deferral on PZ.5? Mr. Hernandez: Because the Administration still has additional work that we need to do on it. Vice Chairman Sanchez: That's good enough for me. All right. Is there a motion to defer the City ofMiami Page 7 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 items that have been -- Commissioner Sarnoff So moved. Vice Chairman Sanchez: -- stated -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- by the Administration? There's a motion by Commissioner Sarnoff, second by Commissioner Spence Jones. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Commissioner Spence -Jones: Mr. Chairman, though, can we -- Ms. Pardo: Could I --? Commissioner Spence -Jones: -- have staff at least pull Ms. Pardo aside to explain to her what -- Ms. Pardo: Right. Commissioner Spence -Jones: -- is going on? Ms. Pardo: Could somebody tell me what needs to be done? Commissioner Spence -Jones: Because she probably should have known before she stepped up to the mike. Ms. Pardo: Right, because we've been continued since January. We've been told to do certain things. We've done everything up to this point, so -- Vice Chairman Sanchez: Ms. Pardo -- Ms. Pardo: -- I just need to know -- Vice Chairman Sanchez: -- could you get with the Administration? Ms. Pardo: -- what it is. Vice Chairman Sanchez: I'm sure they'll provide that -- Ms. Pardo: OK. Vice Chairman Sanchez: -- information for you. Ms. Pardo: Somebody could just tell me who, that would be great. PERSONAL APPEARANCE PA.1 07-00905 DISCUSSION ITEM MS. ALLYSON WARREN, CHAIR OF THE MIAMI COMMISSION ON THE STATUS OF WOMEN TO ADDRESS THE COMMISSION WITH AN UPDATE City ofMiami Page 8 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 ON THE OVERALL STATUS OF THE JULIA TUTTLE STATUE PROJECT AND THE FUNDRAISING EFFORTS ON THIS PROJECT. 07-00905 Cover Letter.pdf 07-00905 Submittal Julie Tuttle Statue Pamphlet.pdf 07-00905 Submittal Julie Tuttle Statue Project.pdf 07-00905 Submitttal Julia Tuttle Statue Competition.pdf DISCUSSED A motion was made by Commissioner Spence -Jones, seconded by Commissioner Sarnoff and was passed unanimously, with Chairman Gonzalez absent, directing the City Manager to seek $55, 000 from the Miami Sports and Exhibition Authority as the funding gap to be utilized toward the acquisition of a statue honoring Julia Tuttle. Note for the Record: Please refer to item RE. 1 for minutes referencing this item. Vice Chairman Sanchez: Personal appearance, we have PA.1. Ms. Warren, you're recognized for the purpose ofJulia Tuttle Statue project. You're recognized for the record. Allyson Warren: Thank you. Allyson Warren, 650 Northeast 82nd Terrace. I am the Chair of the City's Commission on the Status of Women. Hopefully, you are being handed copies of-- oh, we lost our pictures because our laptop got unplugged. In your package, you will find a copy of the winning submission by the winning artist from our call to artists for the Julia Tuttle statue that we've been raising money for for quite some time. This is very timely. The 111 th anniversary of the incorporation of this city just passed on the 20th. We have collected just over $125, 000 of the 180, 000. You'll see on your screens a couple of the renderings of the statue. It will be ten foot bronze with a coral rock base. There was a national call to artists, and our jury panel chose this statue over all the others. These artists are nationally- and internationally -known for their historic work. Arva Parks wanted me to apologize. She had to run to take somebody to the airport. She has been working extensively with the artists to be sure that every historic detail on Julia's skirt is correct because that is going to be the history of the City ofMiami, and it is the only City founded by a woman in this country. Vice Chairman Sanchez: Wow. Ms. Warren: We have collected all but the $5, 000 that Commissioner Dorin Rolle had pledged to us at our breakfast and the $2, 000 that Commissioner Sarnoffs office, and I understand that that check is someplace in the system. We did collect -- Commissioner Sarnoffs staff told me that it's someplace in the system; Claudia's nodding yes, so we will be collecting that shortly. We have collected the 2, 500 from Mayor Alvarez. Vice Chairman Sanchez: I'm sure it's in the mail. Ms. Warren: I've heard that one before, but actually, Commissioner Sarnoff was the first of all of you to jump in there and offer us some money from their -- his personal funds. Commissioner Sarnoff Butl thought that was -- I thought my name was going to be somewhere. Vice Chairman Sanchez: Have you seen his financial disclosure? Commissioner Spence -Jones: Right? Ms. Warren: Not yet, but I'm looking. I'm looking. Vice Chairman Sanchez: He makes more money than all of us. City ofMiami Page 9 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Ms. Warren: No, no. His personal -- Commissioner Spence -Jones: I know. Right? Ms. Warren: -- office funds, I'm sorry, but please take a close look because her skirt tells the history of the City ofMiami. We cannot get the artists started until we reach 180,000 because of the City's ordinance, the anti -deficiency ordinance, so we're here to ask for some help. We don't want to lose the artists, and we don't want to lose the prices. It's $180, 000. We are right in the vicinity, if we collect everything that's been pledged, just under 140 -- Vice Chairman Sanchez: All right. Ms. Warren: -- and then we plan to continue raising money for the year while the statue is being put together. Vice Chairman Sanchez: All right. Is there a motion to accept the $40, 000 grant from the County to be used towards the Julia Tuttle --? Commissioner Spence -Jones: So move. Ms. Warren: That's included in there, by the way. Commissioner Spence -Jones: So moved. Commissioner Sarnoff Second. Vice Chairman Sanchez: A motion by Commissioner Spence -Jones, second by Commissioner Sarnoff. Any discussion on the item? No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. Ms. Warren: That was the consent agenda item. There is more. Pedro G. Hernandez (City Manager): That's RE.1, right? Vice Chairman Sanchez: No, there is no -- Ms. Warren: Yeah, there is. I'm sorry, Commissioner. Mr. Hernandez: There's an item -- Vice Chairman Sanchez: It's PA.1. Ms. Warren: There's the acceptance -- Mr. Hernandez: -- on the agenda -- Ms. Warren: -- of the 40, which is included in your packet -- Vice Chairman Sanchez: And that's the personal appearance -- Ms. Warren: That's only part of it. There's a consent agenda item to accept that 40, 000 from the City ofMiami Page 10 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 County Commission -- Commissioner Sarnoff No. It was (UNINTELLIGIBLE). Ms. Warren: -- for Women. It was put into their bank account for expediency purposes. Vice Chairman Sanchez: All right. Julie O. Bru (Deputy City Attorney): It's in the resolution section. It's not in the consent agenda. Ms. Warren: I'm sorry. Commissioner Sarnoff Right. It's RE.1. Ms. Bru: It's a resolution. Ms. Warren: Right. Vice Chairman Sanchez: Yeah. It's R -- Ms. Bru: RE.1. Mr. Hernandez: RE.1, and -- Commissioner Sarnoff Didn't we just vote on RE.1? Ms. Warren: Yes. Vice Chairman Sanchez: Yeah. Commissioner Sarnoff OK. Priscilla A. Thompson (City Clerk): No. No. Ms. Warren: Apparently no, but we're -- Ms. Thompson: The item under discussion was PA.1. Commissioner Spence -Jones: PA.1. Ms. Warren: Which is we're here to ask you to pony up the rest, gentle -- Commissioner Spence -Jones: Oh, as -- Ms. Warren: -- ladies and gentlemen -- Commissioner Spence -Jones: -- but it's not -- Ms. Warren: -- to get us to that 180 so -- Commissioner Sarnoff But wait. That's not -- Ms. Warren: -- that we can get -- Commissioner Sarnoff -- what it says, though. City ofMiami Page 11 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Spence -Jones: Yeah. Ms. Warren: Well, that's the intent. We met with the Manager -- Mr. Hernandez: Yeah. RE.1 basically is -- Vice Chairman Sanchez: All right. Listen -- Mr. Hernandez: -- accepting -- Vice Chairman Sanchez: -- listen, listen, listen. Ms. Warren: Two things. Vice Chairman Sanchez: All right. No, no. Listen, it's very simple. Let's make a motion for the RE.1, to accept the $40, 000; we'll give you the money, and then if anyone want to make a motion directing the City Administration to look at -- in their piggy bank and see if they can come up with the money, that's perfectly fine. Is there a motion for RE. 1 ? Commissioner Sarnoff So moved. Vice Chairman Sanchez: The motion is made by Commissioner Sarnoff, second by Commissioner Spence -Jones. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: No discussion on the item. That's RE. 1 for the record. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, have the same right, say "nay," so RE.1 passes. Now, is there a motion to direct --? Mr. Hernandez: Mr. Chair, ifI may? I understand that the total cost or the total amount of money needed in order to direct the artist to proceed with the work is $180, 000. They are now up to maybe 130, 000, in that range. In conver -- Commissioner Sarnoff What's the exact number? Ms. Warren: Pardon me? Commissioner Sarnoff What's the exact number you're up to? Ms. Warren: You've got a sheet in your package. Commissioner Sarnoff Well, read it to me. Layra Munilia: Layra Munilia -- Vice Chairman Sanchez: I think they're short 20,000. Ms. Munilia: -- director for the Miami -Dade County Commission for Women. The exact amount we have collected as of right now is $ 124,680. I got a call late yesterday from Mayor Alvarez's City ofMiami Page 12 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 office that the check is ready for pickup, so the first thing I'll do when I get back to my office will be to pick up his check, so that'll put us right over $125, 000. We need $180, 000 so that the City will sign the contract and get the artists working. It'll take about a year for the artists to finish this statue, so -- Commissioner Spence -Jones: $180, 000 more or --? Ms. Munilia: -- there will be a gap of $55, 000 exactly -- Commissioner Spence -Jones: I'm lost. Ms. Munilia: -- between the $125, 000 we have now and the $180, 000 needed so that the work can get started. Commissioner Spence -Jones: Is that $180, 000 more or the -- is it $60, 000 you need? Ms. Munilia: Is it --? Mr. Hernandez: Fifty-five. Commissioner Spence -Jones: Fifty-five. Ms. Warren: Fifty-five is what -- Commissioner Spence -Jones: OK, because you -- Ms. Warren: -- we need to get to the 180. Ms. Munilia: Right. Commissioner Spence -Jones: -- you're -- right. You're saying 180,000 more -- Ms. Warren: Not -- right. Commissioner Spence -Jones: -- so it's -- Ms. Warren: No, no. Commissioner Spence -Jones: OK. Ms. Warren: The 180 is the total to get the contract -- Commissioner Spence -Jones: Total, right. Vice Chairman Sanchez: All right. Ms. Warren: -- signed and the artists rolling. Commissioner Spence -Jones: Fifty-five thousand. Ms. Munilia: Exactly. Vice Chairman Sanchez: Mr. City Manager, just a question -- Mr. Hernandez: The -- City ofMiami Page 13 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Vice Chairman Sanchez: -- as the Chair. Art in Public Places -- Commissioner Sarnoff Yeah. Doesn't -- Vice Chairman Sanchez: -- don't we have funds in that account of arts in public places? I'm aware that MSEA (Miami Sports & Exhibition Authority) has -- Commissioner Regalado: MSEA -- Vice Chairman Sanchez: -- about -- Commissioner Regalado: -- ifI may? Vice Chairman Sanchez: -- $900, 000. Commissioner Regalado: IfI may, Mr. Chairman? Vice Chairman Sanchez: Yes. Commissioner Regalado: MSEA, not the City, is the one entity that has money for art in public places. We have a meeting -- Commissioner Spence -Jones: On Monday. Commissioner Regalado: -- of the MSEA board next week. I would suggest -- you are a member, and I will be attending; I'm sure Chairman Gonzalez would also be there, and we have already quorum. I suggest that we discuss that within the framework ofMSEA because that is the purpose ofArt in Public Places fund that MSEA has. Vice Chairman Sanchez: And it's the perfect time because the budget's coming up, so we will champion that at MSEA, OK? Ms. Warren: OK Whatever -- Vice Chairman Sanchez: All right. Ms. Warren: -- works, as long as we can get this rolling. Vice Chairman Sanchez: OK. Thank you -- Ms. Warren: Thank you. Vice Chairman Sanchez: -- and once again, thank you to you and everyone who's worked very hard to finally get this up, which is something that we'll all be very proud of once it's there. Commissioner Sarnoff Does the -- Vice Chairman Sanchez: Thank you. Commissioner Sarnoff --180 actually get the statue installed, completed, finished? Ms. Warren: Yes. Now, the installation -- get the artists here, pay for them to install it -- well, pay for them to stay while they install it. That's why we want to raise closer to 220. The 180 gets them working, gets the contract signed. Without the 180, the anti deficiency ordinance will City ofMiami Page 14 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 not let that happen. Vice Chairman Sanchez: Well -- Commissioner Sarnoff Well, what -- I mean, you know -- Ms. Warren: The cost of the statue is 180. Commissioner Sarnoff -- so where does the extra -- forgive me. Where does the extra 40 come in? I mean -- Ms. Warren: Murphy's Law. Vice Chairman Sanchez: So 40,000 -- Ms. Warren: Anything that could pos -- we're -- the 180 gets the artists' contract signed -- Vice Chairman Sanchez: All right. Ms. Warren: -- gets the statue underway. Anything over and above that -- Commissioner Sarnoff Well, we're notgoing to put power windows on this, and we're notgoing to put power door locks on it. I mean, it -- Ms. Warren: Not that I'm aware of -- Commissioner Sarnoff Right. Ms. Warren: -- but -- Vice Chairman Sanchez: All right. Ms. Warren: -- the 180 is for the statue. We want to be sure that we have enough money to cover incidentals because the location is going to be on the curve of Biscayne Boulevard Way as it curves around between Related and where the Dupont was. There's a big open stretch of sidewalk where the City has already allocated and possibly paid, but I'm not sure about that, some $4 million to purchase the improvements to the river walk at that location. The statue will be facing Julia Tuttle's original home, which is the Hyatt, the Knight Center -- Commissioner Sarnoff OK. Ms. Warren: -- and it will be facing the oncoming traffic, right at the mouth of the river on the north side. After all, that was her 690-plus acres that allowed the City to be founded. Commissioner Sarnoff Do we have the option of putting a stop sign in her hand, if we need to? I'm just kidding. Ms. Warren: Are you -- Vice Chairman Sanchez: All right. Ms. Warren: -- volunteering? Commissioner Sarnoff No. I was -- City ofMiami Page 15 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Vice Chairman Sanchez: All right. Commissioner Sarnoff -- thought we could have -- Vice Chairman Sanchez: Let's move on. Commissioner Sarnoff -- two fold -- Ms. Thompson: Chair? Mr. Hernandez: Mr. Chair, I agree that the MSEA -- Vice Chairman Sanchez: We can't run a meeting like this. Mr. Hernandez: -- suggestion is very good, and we can also have the Administration look for other potential funding sources before that -- the MSEA meeting in the event that the Commission desires to somehow advance the dollars up to the 180 so at least they can direct the artists to start. We'll look into it. Vice Chairman Sanchez: And that was -- my suggestion was to look atMSEA, who has the funding available to find a solution to the problem, 160, 000. The rest, maybe the private sector could -- we could challenge the private sector. I mean, this is something that I don't see -- you know, this is a pioneer who, if it wasn't for her, this city would not have even started, for crying out loud, so it's the least the people could do to recognize and work with us, which is working with the government to find solution to problems, so that's going to be fine. Ms. Warren: We're planning to come to visit you at the DDA (Downtown Development Authority), as well. Vice Chairman Sanchez: OK. All right. Ms. Thompson: Chair, please. Vice Chairman Sanchez: Madam Clerk, you're recognized to fry to take -- get this meeting back in order. Ms. Thompson: Well, it's not so much that. I'm concerned because you have multiple discussions going on on multiple items, and you actually, if you bear with me, made a motion in PA.1 -- Vice Chairman Sanchez: No. Ms. Thompson: -- but I have no idea what it's for, and you voted on it, so can you tell me --? Vice Chairman Sanchez: Madam Clerk, it wasn't PA.1. It was RE.1. We voted on RE.1. Ms. Thompson: You voted actually twice. One -- you did a motion in PA.1, and yes, you did do RE.1, but you have now a motion sitting out there that you -- was made and voted on on what item? Vice Chairman Sanchez: All right. For the point of clarification -- Ms. Thompson: Thank you. Vice Chairman Sanchez: -- the only issue that we voted on was the RE.1, which is to accept the City ofMiami Page 16 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 $40, 000 grant from the County. There was another motion that was offered by Commissioner Sarnoff and Commissioner Spence -Jones directing the Administration to seek the funding. My suggestion was MSEA, Arts in Public Places, all right? Ms. Thompson: Yes. Vice Chairman Sanchez: That was not voted on, correct? Ms. Thompson: Correct. Vice Chairman Sanchez: OK, so that's the item that's on the table. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. That motion is to direct the City Manager to seek the funding, heading in the direction ofMSEA, Arts in Public Places, that I believe has like $900, 000, and we'll take itfrom there, OK? Moving right -- Ms. Thompson: Thank you. Vice Chairman Sanchez: -- along, we go to RE (Resolution) -- PH 1. It's a public hearing. Commissioner Regalado: No, but Mr. Chairman, I don't think that was the intent of your suggestion and my suggestion. We just directed the City Manager to look for funds? Vice Chairman Sanchez: I'd rather have the Administration go in front ofMSEA than having one of the Commissioners. I mean, we could -- any of the board members and the Commissioners could make that. You're the Vice Chair. You could make that motion. Commissioner Regalado: I don't think that there's a problem. We have the money sitting there, but we don't need to direct the Administration to look for funds if we going to deal with this issue Commissioner Spence -Jones: On Monday. Commissioner Regalado: -- at Miami Sports & Exhibition Authority, which is an independent agency of the City ofMiami, so I mean -- Commissioner Spence -Jones: Mr. Chairman, is there anybody here from MSEA now? Commissioner Regalado: Huh? Commissioner Spence -Jones: Is there anybody here from MSEA now? Vice Chairman Sanchez: Well, there're two Commissioners that -- Commissioner Regalado: Yeah. Vice Chairman Sanchez: -- wear a MSEA hat -- Commissioner Regalado: Tim. Vice Chairman Sanchez: -- but listen -- City ofMiami Page 17 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Regalado: Tim, the executive director. Vice Chairman Sanchez: -- and the executive director, but -- Commissioner Spence -Jones: I mean, he can let us know if it's at least there, so it's not a waste of time. Vice Chairman Sanchez: The money is available. I just feel comfortable having the Administration making the presentation than a Commissioner making the presentation. Commissioner Spence -Jones: No. I agree. I was just wondering if it is -- if the -- Tim Schmand: Tim Schmand -- Commissioner Spence -Jones: -- I don't know what's there now. Mr. Schmand: -- executive director ofMiami Sports & Exhibition Authority, 301 North Biscayne Boulevard, Miami, Florida. Vice Chairman Sanchez: Thank you. Mr. Schmand: There's $918, 000 in the Art in Public Places account -- $918, 000 and change in the Art and Public Places account, but there is a very specific process defined by the County that needs to be followed, so discussions would have to take place between MSEA and the County to see if it would be an appropriate use of the funds. Commissioner Regalado: And I think it is. If we get the Board next week to support what they need, then we'll go to the County because I really believe that the County, who has been cooperating in this matter, will probably have some ideas as to the location of the monument, but if we get the County's support, we can get the money that you need to start the statue and also for Murphy's Law, so you know, but it's just -- you know, this money comes with strings -- Ms. Warren: Sure. Commissioner Regalado: -- and we need to go back to the County -- Ms. Warren: Right. Commissioner Regalado: -- but at least you have the assurance that the money will be provided. Ms. Warren: Right. I think the only caveat that, at least the County Arts in Public Places Board has told us is that it has to be on County property; the statue's going to be on City property, so that's something that we need to -- Vice Chairman Sanchez: All right. Well -- Commissioner Regalado: Well -- Ms. Warren: I mean, I'm not sure -- Mr. Hernandez: Commissioner -- Ms. Warren: -- how our program works, but -- Mr. Hernandez: -- if you allow me? At this point, I think it will be best if we work with Tim and City ofMiami Page 18 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 reach out to the County and be ready to present to you -- Commissioner Spence -Jones: On Monday. Mr. Hernandez: -- at the MSEA meeting -- Commissioner Spence -Jones: Great. Vice Chairman Sanchez: All right. Mr. Hernandez: -- with the options. Commissioner Spence -Jones: Great. Vice Chairman Sanchez: Good luck. Mr. Schmand: Thank you. Vice Chairman Sanchez: All right. City ofMiami Page 19 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 PUBLIC HEARINGS PH.1 07-00906 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Information (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92(1) OF THE Technology 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 THE PASSWORD STATION UNIVERSAL LOGON, WITH THREE YEARS OF SOFTWARE UPGRADES, MAINTENANCE AND SUPPORT, FROM AVATIER CORPORATION, IN AN AMOUNT NOT TO EXCEED $10,800; ALLOCATING FUNDS FROM THE DEPARTMENT OF INFORMATION TECHNOLOGY, ACCOUNT CODE NO. 00001.251000.554000.0000.00000. 07-00906 Legislation.pdf 07-00906 Summary Form.pdf 07-00906 Memo.pdf 07-00906 Memo 2.pdf 07-00906 Memo 3.pdf 07-00906 Notice to the Public.pdf 07-00906 Letter.pdf 07-00906 Price Quote.pdf 07-00906 Purchase Order.pdf 07-00906 Price Savings Analysis.pdf 07-00906 Letter 2.pdf 07-00906 Email.pdf 07-00906 Business Results.pdf 07-00906 Software Features.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0415 Vice Chairman Sanchez: Moving along. PH.1 is a sole source, and it requires a four fifth. It's a public hearing, so anyone representing PH.1. I believe it's IT (Information Technology). All right, IT, let's go. Mr. City Manager, could you have all the departments that are in the back ready to appear -- Pedro G. Hernandez (City Manager): Yes, sir. Vice Chairman Sanchez: -- in front of the Commission on their item? Sir -- Peter Korinis (Chief Information Officer): Good morning, Commissioners. Vice Chairman Sanchez: -- you're recognized for the record. Mr. Korinis: Good morning, Commissioner. Peter Korinis, chief information officer. This is a request for a sole source purchase of a software product that'll provide password security. The total three-year cost is $10,800. The reason for the sole source is because it integrates with a City ofMiami Page 20 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 product -- set of products that we already have. Vice Chairman Sanchez: All right. Is there a motion? Commissioner Sarnoff So move. Vice Chairman Sanchez: Motion is -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- made by Commissioner Sarnoff. Second by Commissioner Spence -Jones. Before we open it up for discussion, it is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed; coming back to the Commission for a vote. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Madam Clerk, it's a four fifth vote, and it's gotten four votes. PH.2 07-00907 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), AFTER AN ADVERTISED PUBLIC HEARING, APPROVING THE ISSUANCE OF A PORTION OF THE PROCEEDS FROM THE NOT TO EXCEED $13,000,000, CITY OF TAMPA, FLORIDA, VARIABLE RATE REVENUE AND REVENUE REFUNDING BONDS (VOLUNTEERS OF AMERICA PROJECT), SERIES 2007, WITH RESPECT TO THE PORTION NOT TO EXCEED $1,500,000, WHICH IS TO BE USED TO REFINANCE THE MIAMI PROJECT IN THE CITY OF MIAMI, FLORIDA, PURSUANT TO SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986; AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND DIRECTING THE CITY MANAGER TO UNDERTAKE THE NECESSARY RELATED PROCEDURES AND TO EXECUTE AND TO PROVIDE ANY NECESSARY DOCUMENTS AND AGREEMENTS FOR THE PROJECT TO THE RISK MANAGEMENT DIRECTOR AND THE CITY ATTORNEY FOR PRIOR REVIEW FOR SAID PURPOSES; PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH. City ofMiami Page 21 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 07-00907 Legislation.pdf 07-00907 Exhibit 1.pdf 07-00907 Exhibit 2.pdf 07-00907 Exhibit 3.pdf 07-00907 Exhibit 4.pdf 07-00907 Exhibit 5.pdf 07-00907 Summary Form.pdf 07-00907 Agreement.pdf 07-00907 Memo.pdf 07-00907 Pre-Legislation.pdf 07-00907 Pre-Attachment.pdf 07-00907 Notice Public Hearing.pdf 07-00907 Pre -Attachment 2.pdf 07-00907 Letter.pdf 07-00907 Ad.pdf 07-00907 Notice Public Hearing 2.pdf 07-00907 Pre -Attachment 3.pdf 07-00907 Agreement 2.pdf 07-00907 Correction E-mail 08-09-07.pdf 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-07-041 6 Vice Chairman Sanchez: PH 2 is also a public hearing. It's a resolution. All right. You're recognized for the record. Diana Gomez: Diana Gomez, Finance director, City ofMiami. This item is a resolution whereby the Volunteers ofAmerica, a nonprofit corporation, is refunding $13 million in bonds, which was issued in 2005 through the City of Tampa, of which 1.5 million was used for projects in the City. In order for the bonds to be exempt from taxes, a public hearing is required to be held and approved by this Commission per the requirements of Section 1470 of the Internal Revenue Code of 1986, as amended. I have here with me today Jolinda Herring, bond counsel for the Volunteers ofAmerica, to read into the record the TEFRA (Tax and Equity Fiscal Responsibility Act of 1982) hearing and to answer any questions you may have. Vice Chairman Sanchez: All right, so this is an amendment that's in front of us. Ms. Gomez: It's a resolution. Vice Chairman Sanchez: It's a resolution. It's being amended. Ms. Gomez: Which amend -- yeah, it amends the interlocal, yes. Vice Chairman Sanchez: All right. OK. All right. State your name and address for the record. Jolinda Herring: I'm Jolinda Herring, with the law firm of Bryant Miller Olive, 2 South Biscayne Boulevard, Suite 1480, Miami, Florida, and I'm going to read into the record the Notice of Public Hearing for the TEFRA. "The City ofMiami, Florida will consider the approval of an issue by the City of Tampa, Florida of its Variable Rate Revenue and Revenue Refunding Bonds (Volunteers ofAmerica Project), Series 2007, in an amount not to exceed $13, 000, 000 issued on behalf of Volunteers ofAmerica of Florida, Inc., a Florida non-profit [sic] corporation, at a public hearing on July 26, 2007, at 9 a.m., at the City gill/Pamirs meeting City ofMiami Page 22 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 chambers, located at 3500 Pan American Drive, Miami, Florida, in order to satisfy certain of the requirements of Section 147(1) of the Internal Revenue Code of 1986, as amended. The Borrower provides housing, health and social service programs to support military veterans, the elderly, the mentally ill and developmentally disabled at its facilities listed below. Services include behavioral, mental health and substance abuse counseling, health services, and employment support services. The proceeds of such issue of Bonds will be used by the Borrower to finance, refinance and/or reimburse the costs of constructing, relocating, acquiring and equipping of certain social service facilities, including, but not limited to: (1) a two floor office building used for providing services to military veterans and mental health services, located at 1474 W. Flagler Street, Miami, Florida; 2) an office building used as a social service center for educational services, mental health services and other health services located at 1460, 1462 and 1464 W. Flagler Street, Miami, Florida; 3) a two-story apartment building located at 1800 Danese Court, Jacksonville, Florida; 4) 16.6 acres of raw land to be used for construction of housing for homeless veterans located at the southwest corner of the intersection of Lake Jeffery Road and Kimberly Drive, Lake City, Florida; 5) multifamily housing to be located at 1617 Blackwell Lane, Pensacola, Florida; 6) multifamily housing to be located at 1622 Blackwell Lane, Pensacola, Florida; 7) transitional housing located at 125 Park Sfreet, Sebring, Florida; 8) single-family housing to be used as fransitional housing located at 341 NE Lakeview Drive, Sebring, Florida; 9) a three -bedroom house used for housing special needs clients and providing mental health services located at 5038 22nd Court, Bradenton, Florida; 10) fransitional housing located at 1, 3, 5, and 7 Pineapple Avenue, Cocoa, Florida; 11) single-family housing used as transitional housing located at 924 Peachtree Sfreet, Cocoa, Florida; and 12) independent, assisted living and skilled housing for the elderly located at 1121 NW 6th Sfreet, Gainesville, Florida; 13) single and double -occupancy apartments to be used as housing for veterans located at 1250 Taylor Road, Punta Gorda, Florida." Those are the projects. "Proceeds will also be used to pay a portion of the costs associated with the issuance of the Bonds. The Project will be owned and operated by the Borrower and shall be used by staff of the Borrower and persons receiving social services and other members of the public. The hearing is held for the purpose of affording residents of the City ofMiami and other interested persons an opportunity to express their views, both orally and in writing, on the proposed issuance of the Bonds and the nature and location of the facilities to be financed with the proceeds thereof. The bonds will not constitute an indebtedness of the City of Tampa, Florida, the City ofMiami, Florida, the State of Florida or any political subdivision thereof but will be payable solely from the revenues derived from the operation of the Borrower and other revenues of the Borrower pledged to the payment of the bonds. All persons for or against said approval can be heard at said time and place. If a person decides to appeal any decision made by the City with respect to such hearing or meeting, she will need to ensure that a verbatim record of such hearing or meeting is made, which record includes the testimony and evidence upon which the appeal is based. In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate in this hearing should contact the City no later than forty-eight (48) hours prior to the hearing at the address given in this notice." Vice Chairman Sanchez: All right. Before we put this item to a vote, it is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed; coming back to the Commission. Is there a motion on PH.2, which is a resolution? Commissioner Spence -Jones: I'd like to move the item -- Commissioner Regalado: Motion to move. Commissioner Spence -Jones: -- for discussion. Vice Chairman Sanchez: All right. There's a motion by Commissioner Spence -Jones, second by Commissioner Regalado. For the purpose of discussion, Commissioner Spence -Jones, you are -- City ofMiami Page 23 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Spence -Jones: Yes. Vice Chairman Sanchez: -- recognized for discussion. Commissioner Spence -Jones: I don't have -- you cleared up a lot of the issues. I wanted to know where the projects were. In the beginning, in looking at this thing until staff really briefed me on it, it was kind of confusing as to why we would even play a role in this, but you guys basically explained why. Is there anybody from VOA (Volunteers ofAmerica) here today or just you? Ms. Herring: No, there's not. Commissioner Spence -Jones: OK. I just really wanted to also tell them thank you because they have been working hard with us regarding the issue of shantytown and getting a lot of -- I really didn't know that much about your organization and what you guys do because the name is kind of misleading, Volunteers ofAmerica -- Ms. Herring: Right. Commissioner Spence -Jones: -- but just wanted to at least send back to them saying thanks very much for assisting in my district in doing great things. Ms. Herring: OK Thank you. Vice Chairman Sanchez: All right. Any further discussion on the item? If not, I just have one simple question. This bond, the City is not liable in any way? There's no liability to the City? Ms. Herring: No, there is not. Vice Chairman Sanchez: All right. Any further discussion on the item? It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries, and the gavel is passed back to the Chair. PH.3 07-00890 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), APPROVING THE SETTLEMENT AGREEMENT AND RELEASE ("AGREEMENT") IN THE CLASS ACTION LAWSUIT WHICH CHALLENGED THE LEGALITY AND APPORTIONMENT METHODOLOGY OF THE CITY'S FIRE/RESCUE ASSESSMENT AND FIRE ASSESSMENT ADOPTED FOR THE PERIOD THAT INCLUDES FISCAL YEARS 1997-1998; 1998-1999; 1999-2000; 2000-2001;2001-2002; 2002-2003; 2003-2004; 2004-2005; 2005-2006; 2006-2007, IN THE CASES: CARL L. MASZTAL, JOSEPH A. GRAUPIER, JUANA MARTINEZ, AND MARISOL FERNANDEZ, ON BEHALF OF THEMSELVES AND ALL OTHERS SO SIMILARLY SITUATED VS. CITY OF MIAMI, CASE NO. 98-11208 CA 31, OR AS STATED IN CARL L. MASZTAL, JOSEPH A. GRAUPIER, JUANA MARTINEZ, AND MARISOL FERNANDEZ V. CITY OF MIAMI AND THE STATE OF FLORIDA, CASE NO. 05-2117 CA 22, IN THE ELEVENTH CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA; AUTHORIZING THE DIRECTOR OF FINANCE, SUBJECT TO FINAL COURT APPROVAL, TO TRANSFER TO City ofMiami Page 24 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 EPIQ SYSTEMS, THE CLASS ADMINISTRATOR, THE TOTAL SUM OF $15,550,000 (THE "COMMON FUND"), MINUS ANY ADMINISTRATIVE COSTS ADVANCED BY THE CITY TO THE ADMINISTRATOR FOR DISBURSEMENT IN ACCORDANCE WITH THE TERMS OF THE SETTLEMENT AGREEMENT AND RELEASE THEREBY OBTAINING FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICIALS, OFFICERS, AGENTS AND SERVANTS; FURTHER AUTHORIZING THE DIRECTOR OF FINANCE TO TRANSFER A PORTION OF THE COMMON FUND IN AN AMOUNT NOT TO EXCEED $200,000, TO THE ADMINISTRATOR FOR PRINTING, POSTAGE AND PUBLICATION OR OTHER NOTICE COSTS PRIOR TO FINAL APPROVAL OF THE SETTLEMENT BY THE COURT; ALLOCATING FUNDS FROM THE GENERAL FUND -FUND BALANCE. 07-00890 Legislation.pdf 07-00890 Exhibit 1.pdf 07-00890 Cover Memo.pdf 07-00890 Memo.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-07-041 8 Chairman Gonzalez: PZ.3 -- I'm sorry, PH.3. Julie O. Bru (Deputy City Attorney): Chairman and members of the Commission, this is the -- this is a resolution that's before you seeking settlement in the cases ofMasztal, individually, and on behalf of those similarly situated versus City ofMiami. It is Florida case number 98-11208. It was formally known as Nagymihaly versus City ofMiami, and probably more commonly known as the fire fee case. This is a case that's being litigated since 1998. It is a class action filed on behalf of property owners who were assessed and paid assessment for fire services. This settlement seeks to resolve all the claims that are pending for each year that the settlement has been in place since 1998, so it would be a total of ten years, '98 through the current fiscal year 2006/2007. It is in the amount of $15,550,000. We have been litigating this case for almost ten years now, but since 2005, the City has assembled a team of legal experts. We have outside counsel, in-house counsel, and then some expert consultants, and they are here today to walk you through the essential terms of the settlement. It is strongly recommended by the City Attorney's Office as a settlement that seeks to be fair and equitable to all the property owners that paid the assessment, but also fair to the taxpayers who are going to be funding this settlement, all the taxpayers. I'd like to introduce from the law firm of Scott, Cole & Kissane, Tom Scott, Scott Cole, and Krista Fowler, who have been the attorneys that have been working on this matter since 2005, and then we also have expert consultants here, Susan (UNINTELLIGIBLE) Gumm and Cody Bland. You, please. Thomas Scott: May it please the Commission. My name is Tom Scott. I'm accompanied by Scott Cole and Krista Fowler. Good morning. Chairman Gonzalez: Good morning. Mr. Scott: As Ms. Bru indicated to you, we are the outside counsel hired by the City ofMiami to defend this litigation, and we have been doing so for approximately two and a half years, since February of 2005. I'd like to take -- outline for you what I would like to do this morning, and we're going to do it as briefly as possible. I'd like to make a few introductory comments, and City ofMiami Page 25 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 then I'm going to turn it over to Mr. Cole to outline to the Commission the terms of the settlement, and also to outline the timeline for payment to the class members. We also have present with us the plaintiffs counsel, Class counsel, Mr. Williams, Mr. Petit -Garcia [sic], and Mr. Scott, who, I may say, all endorse this settlement agreement. Additionally, we have present with us an outside third party administrator from a company called Epiq, E-P-I-Q, which will act as the independent administrators for this particular settlement agreement. After we make an outline of the terms and the timeline for payment, we would then entertain any questions by the City Commissioners. I'd like to make one brief statement before we begin. Two and a half years ago, in 2005, my law firm was approached by the City through the Commission and the City Attorney's Office to undertake representation in this case, and we were given very simple instructions. We were told investigate the prior settlement and do the right thing for the City and for the taxpayers. It was a very difficult process, and the first year of this litigation, we spent setting aside the initial settlement, through a very courageous judge, and after a three-week trial, that settlement was set aside, and since that time, we have recovered close to $2.3 million of the original 3.5 million that was paid out, and in addition, the additional 3.5 million of the original settlement has been abrogated. I might also add that during the course of the proceedings and the findings of the trial court, this Commission was completely absolved of any responsibility for that first situation, so what we did was basically bring to the court's attention the terms of it, we laid all the chips on the line, and the court did the right thing in setting it aside. Once that aspect of this litigation was achieved, we immediately turned, with your mandate and with Mayor Diaz's mandate, and with the City's mandate, to enter into discussions with the Class in order to reach a fair, just settlement. That process was completely done in a nonacrimonious manner. We met with the Class counsel. We went out and hired independent experts to assist us in making a complete, independent evaluation of how to resolve this matter, and we made all documents available, had multiple meetings with Class counsel, they had the input of their expert witnesses in trying to achieve a settlement in this case. I might also add to the Commission that this is a case of truly first impression in the state of Florida in trying to determine what the damages in a situation like this would be. There is absolutely no law on it. We are groundbreaking, and that's why it was so essential, with the assistance of the Finance Department, with the assistance of the Fire chief Kemp, all this documentation was made available to Class counsel; our experts looked at it. In the end, we achieved a settlement, as the Commission is aware, of 15, 550, 000, which all parties to this settlement believe is a just and fair result, based on all the contingencies of litigation, based on the unsettled status of the law, and based on frying to give to the taxpayers a fair, just result in a timely manner, obviating the necessity for two or three more years of litigation and expense to the City and paying for legal fees and things of that matter. You know, as the Commission is aware, I've had 35 years of legal practice, and I've seen it all. I've been a circuit judge, a federal judge, a United States Attorney, a plaintiffs lawyer, a defense lawyer, an appellate lawyer, and everything. I've handled hundreds of class actions, and I am proud to come before the Commission and to present to this Commission what I believe, in my best judgment, is a fair and just result, and with that statement, I'm going to turn it over to Mr. Cole in order to briefly outline it. I know the Commissioners had been briefed on this. I know -- and I want to make sure that the public is aware that this has been completely documented. We've had a Web site up. We have advertised this for some time, and we have fried to make this process as completely transparent, fair and open as any process that we can achieve. Thank you. Chairman Gonzalez: Thank you, sir. Scott Cole: Good morning, members -- Chairman Gonzalez: Good morning. Mr. Cole: -- of the Commission, Mr. Chairman, Mr. Manager, and Ms. Bru. My name is Scott Cole, and I am a law partner with Thomas Scott, and here today with us as well is Ms. Krista Fowler, who's going to assist me with some of the boards. What we did -- and as Mr. Scott said, City ofMiami Page 26 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 we know this Commission is very well versed on these issues, but we want to make it clear to not only to this body, but the public, what is being settled here today, and these are the general terms that -- of the settlement. The public can look at the full settlement agreement, which, as Mr. Scott said, we spent weeks and weeks going over with Class counsel making sure it was as fair and equitable as possible for all concerned. First and foremost, the settlement amount is $15, 550, 000 and can everybody see this by the way? It's to settle all claims of the fire -rescue assessment, which was in effect for two and a half years, and the fire assessment, which was in effect for seven years. That number is inclusive of administrative costs and attorneys' fees and costs. The amount of fees and costs will be determined and approved by the court, and I wanted to add that point now, and you'll hear me say it throughout my brief presentation, is that for the protection of the Class members, the taxpayers, the court must pass and approve on everything that we have agreed to present to you today. Court approval is necessary. The Court will, within a certain time period -- and I'll go into that in a minute -- give preliminary approval -- hopefully, preliminary approval to this settlement agreement, then we'll have the notice period, where the Class members will receive letters, and see advertisements; the Web site will be up and running; there'll be a toll free number that they can call if they have any questions, and then the court, hopefully, will give final approval, but again, all costs, fees, and everything must be passed on and approved by the court. This settlement will have no impact on the City's demand that we get the rest of the money back from those lucky folks who got $3.5 million from the City. As Mr. Scott said, we've been very successful working with Class counsel. We've got $2.3 million back. We just got another 250,000 yesterday. We're going to be very vigilant and aggress -- Commissioner Sarnoff Would you name the people who still owe us money? Mr. Cole: Yes, I will. Yes, Commissioner Sarnoff, I will. Eva Nagymihaly still owes money. Ken Merker does not owe any more money at this point in time. He is the one who gave the check yesterday, and at this point, pending further rulings from the court, we believe he has done the just thing and made the City whole. Jean and Jocelyn Prosper have not made any money back to the City, and Gordon Willits has not paid any money back to the City. Commissioner Regalado: What kind of action can we take in terms of seizing their properties? Mr. Cole: Commissioner Regalado, I'm glad you asked that question. We have already taken significant action as mandated by this Commission and the CityAttorney's Office. We have got break orders, which means we can essentially call the Sheriff out and go in the front door of the Prosper and Willits' home. We have got financial information on them, and we are moving aggressively forward to get back the rest of the taxpayers' money. We have a significant amount of it back. We're going forward, as this Commission has instructed us very clearly, to move forward in that regard. Also, I just wanted to point out -- and that's the next item -- the moneys that we have collected from those folks that I just mentioned to you, Commissioner Sarnoff, will revert to the City when this is all settled and done for the benefit and use of the Fire Department. We wanted to make sure that the moneys were put in a place -- and Class counsel and us and the City Attorney's Office, we all agree that since this money came out of the Fire Department, it goes back to the benefit of the Fire Department, which will help everybody, not just property owners. It will help all the citizens ofMiami, all the taxpayers ofMiami. The settlement will have no impact on future assessments. We know there's been comments from members of this body, as well as the executive administration about the likelihood that there will be a fire assessment in the future. Naturally, I cannot address that, but by law, this will have no impact on any future fire assessment. Commissioner Sarnoff Mr. Cole, you said that the moneys that come back from the original plaintiffs will come back to the Fire Department. Is that what you said? Mr. Cole: Yes, Commissioner. City ofMiami Page 27 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Sarnoff So, ifI understand you correctly, you've collected $2.3 million? Mr. Cole: Yes, sir. Commissioner Sarnoff Is that the money that goes to the Fire Department? Mr. Cole: Yes, by -- Commissioner Sarnoff And then if you're successful in the 1.2 million, that will equally go back to the Fire Department? Mr. Cole: Yes, Commissioner. Commissioner Sarnoff And I didn't necessarily, from a lawyer's ear, hear -- have you attempted to break into or take property from the Willits and the Prospers? Mr. Cole: We have not, but we are moving forward. The sheriff has a time period in which we request that they do it, that they can get it done, because what we need to do is get locksmiths out there; we need to get a moving and storage van out there; we need to have a storage facility set up. We need to front that money, and that all takes a little bit of time. We have started that pro - - we've got to order from the court, which did take some time to get. We had to first get a writ of execution and the break order, and now we're moving forward with that aspect of the process. Commissioner Sarnoff How long do you see before you would be able to achieve that? Mr. Cole: The sheriff has told us about five to ten more days. Commissioner Sarnoff And Nagymihaly, is she the only one that is appealing? Mr. Cole: No, sir. There were seven different appeals out of the order that Judge Lopez entered back in March of '06, including one from the City. What the City wanted to do is to make the law firm, prior Class counsel -- andl stress the word 'prior" Class counsel -- responsible for all the money, so we've asked the appellate court to make that law firm, which we believe was at fault for this, to be responsible for the return of all the money so we won't have to spend the money and take the time and effort to have break orders issued and go out and chase down people. We are hopeful that if the Third District rules in our favor -- and that ruling has not come down yet - - and they do find in favor of the City on that issue, then we can go directly to the law firm to get the money -- the rest of the money. Commissioner Regalado: Do we have the attorneys for the Class here? Mr. Cole: Yes, Commissioner Regalado. These gentlemen are sitting on this side, to your right, sir. Commissioner Regalado: OK. Mr. Cole: All three attorneys are here, and Mr. Scott introduced them. I can tell you who they are again. Mr. Richard Williams -- Commissioner Regalado: No, no. OK Just -- Mr. Cole: Oh. Commissioner Regalado: -- wanted to -- City ofMiami Page 28 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Mr. Cole: They are here, sir. Commissioner Regalado: -- make sure. Mr. Cole: Moving on to the next board that highlights just the terms and conditions of the settlement, and there's a couple questions that we know the public will want to know immediately. First is the settlement final upon Commission approval, and of course, the answer is no, as we said, and it's very important that the public know this. The court must pass on this settlement to ensure it's fair and equitable. We all believe, strongly believe it is very fair and equitable. The court has final say, by our rules of procedure, in a court of law, to make sure the Class is protected. Now, some of the public may wonder why the process takes so long. It's because the court needs to -- that process is put in place for their protection; to make sure the appropriate notices are sent out; to make sure the appropriate publications are done; to make sure the settlement is fair and equitable, and the court will have the say -- the last say in that on all issues that are here before the Commission, all the important issues that this Commission will vote on today. The next question that we anticipate the public will (UNINTELLIGIBLE), and the first question is when am I getting my money; the second question is how much am I going to get? We cannot answer that question here before you today. What will happen is as the process goes on, the City will deposit the $15,550, 000 into a common fund. It will be administered by an independent and agreed upon third party administrator, who we have a representative here today, Mr. Cody Bland. He's here in case there's any questions of the administration process. That money will earn interest, so that will increase the amount of money available to the public, the property owners who may seek a refund. The court will also assess and approve attorneys' fees, costs, and administrative costs, so that money will be taken off of the top, so we don't know the exact amount of money available. Also, as importantly, we don't know how much people are going to apply for a refund. We simply do not know who will or what their claims will be, so at this point in time, we cannot say what anybody will get or they may get. How will the refunds be determined? That will be calculated by the administrator after we figure out interests, fees, costs, administrative costs, and number of class members. How will class members obtain a refund? They will mail a -- have to mail a refund form within a certain time period to the administrator. They will get those forms. It'll be available to them, and we will make sure and the Class'll make sure they have those forms. When the checks will be distributed? Again, I'll go through the timeline in a minute, but it's after the fairness hearing and entry of final judgment by the court, and again, who will administrate the common fund, and that will be Epiq Systems, who's here -- represented here today by Mr. Bland. We have a brief timeline put up that just explains the process, and it's, again, important for the public to know that this is put in place for their protection. You can see Commission approval. You have the ten-day veto period by law; fifteen days more for preliminary approval, and then the court will enter preliminary approval, and there'll be a hearing set. Naturally, the court may want to set it in September, October. We have no control over that. We know the judge has paid very close attention to this case and is very well versed in this case. We'll have an order on preliminary approval; you have a notice period of 30 days; fairness hearing; refund notice period, and then the check distribution period. I know there's an additional timeline that the administrator put forth. I don't know ifMr. Bland wants to go into those details, or the Commission wants to hear from him; I'll leave that up to you, and with that, we're ready to answer any questions. Commissioner Regalado: Yeah, I have question. Mr. Cole: Yes, sir. Commissioner Regalado: What are -- are you going to be joining the Class attorneys on a possible malpractice suit against Hank Adorno? Mr. Cole: Sir, I don't know if we will have a malpractice suit. It depends on what the Third District rules, but if there is one, we will be joining them in that. City ofMiami Page 29 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Regalado: And that money, whatever is, will be brought to the pot of the fire fee assessment? Mr. Cole: It will increase the fire fee assessment. That will be for the benefit of the Class. Yes, sir. Commissioner Regalado: But we don't know how long that would take. Mr. Cole: No, we don't. We don't know if we have a viable cause of action at this time. Commissioner Regalado: But should you have probable cause and should you go to trial, the timeline will be different than the dynamics of the administration agency to send the money to the residents. That could mean that it could be two -- Mr. Cole: No, sir. No, Commissioner. I'm sorry to interrupt you, but this timeline will not be affected by any -- Commissioner Sarnoff Right. Mr. Cole: -- future litigation. There'll be a second mailing back to the people. Commissioner Sarnoff Right. Commissioner Regalado: That's what I'm saying. It would be -- Mr. Cole: It won't be affected. Commissioner Regalado: -- a second mailing, so just to make sure that the people understand -- Mr. Cole: Yes, sir. Commissioner Regalado: -- there's going to be one mailing out of the $15 million, but it could be maybe, who knows, a second mailing should the City and the Class prevail -- Mr. Cole: Correct. Commissioner Regalado: -- on a suit. Mr. Cole: Correct. Commissioner Regalado: I just wanted to make sure of that. Mr. Cole: That's correct. Commissioner Regalado: How wide will be the information for the people to apply for a -- to -- for a return of the money? Mr. Cole: We're going to send notices to every identifiable property owner. Everyone we can identify will get a notice, and there's going to be publications in the El Nuevo Herald, the Miami Herald, and USA Today. Chairman Gonzalez: I hope you also using some Spanish media, right? Mr. Cole: Spanish and Creole. Everything will be -- City ofMiami Page 30 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Chairman Gonzalez: And Creole. Mr. Cole: -- in Spanish, English, and Creole -- Chairman Gonzalez: All right. Mr. Cole: -- by agreement. Commissioner Regalado: Because I spoke yesterday to the Manager. The City is about to send out through the NET (Neighborhood Enhancement Team) offices a newspaper from the City of Miami, and unfortunately, it went to print before the settlement was announced. What I suggested is to hold any distribution of this paper until you get the possibility of printing an insert with the information, the preliminary information of the fire fee, and whoever get this paper, be in English, in Spanish, or Creole, will get the -- at least the understanding on how is the process going to be. I don't know, Mr. Manager, if the paper has been distribute today. It was my -- Mr. Hernandez: Commissioner, we're looking into the possibility of being able to have the insert that you talked about that would have that additional information referenced your action here today. Commissioner Sarnoff Mr. Chairman. Chairman Gonzalez: But in any case, I believe that if someone in this Commission can help inform the people is you, who have access to the news; you have TV (Television); you have radio Commissioner Regalado: No, but -- Chairman Gonzalez: -- so -- Commissioner Regalado: -- yesterday, I was told today -- that is yesterday, I was told tomorrow we start distributing the paper. I said don't do it; just hold it. Print an insert. The people wouldn't -- we can't tell the people how much money they will get, but at least this same thing that you're saying, the process, we going to wait ten days; we're going to -- the court has to approve. This and that. The settlement was like this. Basic information, have an insert. Unfortunately, I think the paper is printed one language only, right? Chairman Gonzalez: Right, right. Mr. Hernandez: At this time it is, sir, yes. Chairman Gonzalez: That is the problem. Commissioner Regalado: But if it's going to be distributed by all NETs, as I was told, then there should be an insert on the front page with the fire fee, because you know, regardless of what you have print in this paper, good information, great information, the most important information that you can send to a resident, a property owner in the City ofMiami, is the fire fee settlement -- Chairman Gonzalez: Right. Commissioner Regalado: -- so -- Chairman Gonzalez: All right. City ofMiami Page 31 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Regalado: -- it would be a waste of resources to send the paper without any information. Mr. Hernandez: Commissioner, we'll make -- Chairman Gonzalez: All right. Mr. Hernandez: -- every effort to be able to incorporate an inset with that information, up-to-date, based on what you decide here today. Chairman Gonzalez: All right. Commissioner Sarnoff. Commissioner Sarnoff Yeah. Mr. Cole, I want to -- Ms. Bru: Excuse me, Mr. Chairman. I just wanted to clarify something. Commissioner Regalado, you asked about the possibility of a malpractice action against the prior Class counsel. I just want to make it clear that at this time, the City Attorney's Office is not anticipating filing any action against prior counsel. We're not -- we have not engaged outside counsel for those purposes at this time. Should there be a cause of action available, most likely it will be available to the Class, not to the City. I don't want anyone to be misled into thinking that we're presently prosecuting or contemplating the prosecution of a malpractice action. Commissioner Regalado: I didn't ask that. Chairman Gonzalez: All right. Commissioner Regalado: I asked him if there is a case, if they're going to join. Chairman Gonzalez: And the answer was in the positive. Commissioner Sarnoff Right -- Chairman Gonzalez: Commissioner Sarnoff. Commissioner Sarnoff -- and I think that's what I wanted to clarify with the City Attorney, because I think she's right. I don't think we join that class, am I correct? Ms. Bru: You're correct. At this point -- Commissioner Sarnoff Correct. Ms. Bru: -- if there is a possibility in the future that the City might have a cause of action, then we would bring that back for consideration, and the City Attorney will advise you accordingly, but at this time, we are not involved in that. Commissioner Sarnoff Let me see ifI could summarize this for a person listening. The -- there - - the Class plaintiffs, who are sitting to my right, are still going to pursue Adorno Zeder, which was the previous Class counsel, for further moneys to see if there are any further moneys available. The citizens ofMiami may, and I stress "may," enjoy the fruits of that litigation either in settlement or in success. The City ofMiami need not at this time join that litigation, correct? Mr. Cole: That's correct, sir. Commissioner Sarnoff OK. One last question on appeals. Presently, the plaintiffs who receive City ofMiami Page 32 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 the $3.5 million of the $7 million settlement are still opposing the City's refund of the 3.5 million, correct? Hr. Cole: They're still -- have an appeal, yes, sir. Commissioner Sarnoff Right, and that -- Hr. Cole: Correct. Commissioner Sarnoff -- appeal is presently in front of the Third District Court ofAppeals. Hr. Cole: That is correct. Commissioner Sarnoff That has been -- all argument has been accomplished -- Hr. Cole: Yes. Commissioner Sarnoff -- and we are awaiting the Third District's ruling? Hr. Cole: Correct. Commissioner Sarnoff In the event the Third District rules in our favor, as the lower court has, we will be able to hold onto the $3.5 million? Hr. Cole: Yes, sir. Commissioner Sarnoff Of the $3.5 million, we've been able to collect 2.3 million of it. Hr. Cole: Correct. Commissioner Sarnoff We still pursue 1.2 million against Nagymihaly, Prosper, and Willits? Hr. Cole: Correct. Commissioner Sarnoff Now, forgive me; I thought Nagymihaly was an extremely collectible person. Hr. Cole: She has assets, properties, but not necessarily in her own name, so that's the difference and the difficulty there, but we have been in contact with her lawyer, and he has stressed to us that she will make good on a judgment before we have to go that exfra step as we did against the other two. Commissioner Sarnoff And so then you're voluntarily holding off on taking a deposition in aid of execution against Nagymihaly? Hr. Cole: We were for a portion of the time period; we are no longer, based upon the mandate that was given to us by this body. Commissioner Sarnoff Have you taken a deposition in aid of execution of Nagymihaly? Hr. Cole: We had it set Tuesday; she did not appear, and that is when the discussion occurred with her attorney that she will make good hopefully immediately, and if not, we will pursue breaking down her door. Commissioner Sarnoff How concrete an agreement is that? City ofMiami Page 33 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Mr. Cole: It's not, so we're going forward. Commissioner Sarnoff OK. All right. I think you've answered -- so we're waiting for the Third District Court ofAppeals to determine whether we can hold onto the $3.5 million that Judge --I forgot the name of our judge. Mr. Cole: Judge Lopez -- Commissioner Sarnoff Judge Lopez, I think, yeah. Mr. Cole: -- is the former; Judge Rodriguez is the current. Commissioner Sarnoff OK, so that Judge Lopez, now Judge Rodriguez, has allowed us to keep? Mr. Cole: Yes, sir. Commissioner Sarnoff OK. Chairman Gonzalez: Commissioner Spence -Jones. Commissioner Spence -Jones: Yes. My question's probably a lot more simple, but I just want -- one of the things to me that has plagued me on this whole issue of the fire fee -- again, I came onboard after all of this whole thing was done, but I -- the perception in the public of you know there being this amount of 24 million, now we're talking about 15 million, and what they're expecting to get back from this, and I know that in your presentation, you mentioned that you can't really say what that amount's going to be, or how many people are actually going to be affected by that. I understand, from my briefings, that it's not just going to be residents that are going to be affected by this, but it also is going to be businesses also that paid into the fire fee. I would like -- and I would like at least the public that are watching and the people that are listening to at least have some sort of rough estimate, you know, 24 -- I mean, they've been hear - - for the last year or so about 24 million, 24 million, 24 million, 24 million, which based upon my briefings, that, you know, the amount that the City would have been actually liable for would actually have been a lot less than that. My question for you is, if you can from a rough estimate standpoint, one, tell me or at least tell us about how many residents or individuals -- just a rough estimate -- will be affected by this, and then just, if you could, speak to -- when -- we're talking about from a dollar perspective, because really I have residents calling me thinking they're going to get, you know, a $10, 000 check back, you know, because of the settlement amount. Is there any way that you can speak to those two things just so that my public can understand how this kind -- this would affect them? Mr. Cole: Yes, Commissioner Spence Jones. I'll do my best, and hopefully I'll answer your questions. First, I'm very happy you asked me about the 24 million figure. That has been broadcast for the last two and a half years as to what the City owed. That number came from former Class counsel's expert as to our ultimate exposure. That number was adopted by the prior deputy City Attorney when briefing this body as to the potential exposure. That wasn't an amount the City owed. That was potentially the amount that the plaintiffs expert said we may have to pay. That -- Commissioner Spence -Jones: So that number was really a number that was kind of made up not even by us? Mr. Cole: No, it was not made up by us. It was a number that the plaintiffs, and I stress the former plaintiffs expert, said -- City ofMiami Page 34 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Spence -Jones: OK. Mr. Cole: -- was our exposure, and that number has been grabbed onto by everyone and saying this is what the City owes. As Mr. Scott said, for the last two and a half years, we have engaged experts, we have looked through documents, we have done studies. Our evaluation is significantly less. The Class naturally has their own evaluation. This is fair and equitable compromise, as any settlement is, between what we believe and what they believe is a fair number. This is a very fair number given, as Mr. Scott said again -- I want to stress this -- the uncertainties of litigation. This is new ground here, what the court may do. We also recognize that, in essence -- and the taxpayers are suing themselves, and we don't want to delay this any further. We don't want to drag it on and have you pay our law firm more fees and costs, our experts more fees and costs, and keep -- this could be drug on for another couple years. We strongly, strongly believe this is fair and equitable for everyone concerned as does the Class counsel, and that's why we're here before you today. With regard to how many people this will affect. We know the number of folio numbers that were billed the property tax -- the property fire assessment fee each year, and it was approximately 80,000. Commissioner Spence -Jones: OK. Mr. Cole: Now, for example, ifI sold my house to you, Commissioner, and then we sold -- you sold it to Mr. Scott, that would be three people on one folio number, so we don't really know how many people this will affect. Commissioner Spence -Jones: OK. Mr. Cole: If folks have owned their house for the last ten years, only one per folio number; it could be two or three. There's also been new construction in the City ofMiami -- Commissioner Spence -Jones: OK. Mr. Cole: -- so that's the starting number, the rough number, about 80,000. Commissioner Spence -Jones: OK, and then -- Mr. Cole: Some folk -- I'm sorry to interrupt you. I apologize. Commissioner Spence -Jones: No, no. You -- and then the last part of that, about 80, 000 people would somewhat be affected, and again, you're trying to calculate those numbers so that people will have a clearer understanding of what that means. Then my question becomes -- just in -- and again, I know it's very difficult -- the City Attorney told me how difficult it was for you to kind of pinpoint, but at least so that people can have a roundabout figure of what a person -- you know, potentially, what a refund would look -- could look like. Mr. Cole: My recommendation -- and I can't give you that number, and I'm sorry I can't -- is to have them look at their property tax bill and see what they paid, and they'll get some percentage of that -- Commissioner Spence -Jones: OK. Mr. Cole: -- and it's right there on -- we all pay our mortgage every year. Ms. Bru: Yeah. Let me add something to that. Perhaps this sheds some light into what someone can expect. If a property owner had paid, a single-family residential property owner had paid the assessment since 1997 and they were still in that house -- so since 1997 through today, they're in that house -- the most that they have paid has been $528, so that is the most that they City ofMiami Page 35 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 would ever be able to receive as a refund. We don't anticipate that this is going to be dollar for dollar, a hundred percent. There will be a percentage of that, so at most, they have paid 528. Most likely, they will receive some portion of that back. Commissioner Spence -Jones: Thank you for the clarity. Chairman Gonzalez: Vice Chairman Sanchez. Vice Chairman Sanchez: Thank you, Mr. Chairman. You know, we were not supposed to be getting into details when we were going through the litigation aspect of it. Today, if the votes are here, we're probably going to be settling on this, and I think there's one thing that we all agree here, and it's that the long City's nightmare is finally over. I am so glad this nightmare is finally over for us, and we have an opportunity today to start restoring the public frust in this whole process. Now, this settlement, I think that, through the information that we're going to be able to provide now, we have an opportunity -- and I think people are going to be asking a lot of questions. Some of the questions that I wrote down where, who is eligible for the refund? I think that's the number one question that people -- can I apply for it? Am I eligible for it? How much will the refund be? People don't know because you know, single family, commercial -- there's the format of what -- how much the amount could be. How do I apply for the refund is going to be another question that they're going to ask. And when do I get that refund, so that's the most important question for people. When do I get that money that was way overdue to me? And you know, the Constitution works. The process works because we're here today with a settlement that people are going to be getting that money back, but the issue here is the individuals who are eligible deserve that refund as quickly as possible back, and how do we establish a process where we make it simple? I think that's the key factor here for the Administration, as well as the third party that was hired, which was an agreement between both counsels. That third party has a responsibility to simplify the process as possible where people don't have to go through hoops or jump barrels and -- to fill out an application to get that money back, and I realize that there's going to be a process because you want to make sure that those that apply for it are people that are eligible for it, but the key issue here is to simplify that process to make sure that people get that money back as quickly as possible, so having said that, Mr. Chair, there's a motion for the settlement -- well, there's -- Commissioner Sarnoff I'll so move. Vice Chairman Sanchez: Second. Chairman Gonzalez: There is a motion, and there is a second. Before I take the vote, I would like the full Commission to be -- OK, Commissioner Regalado is coming. I want to open this to the public. I want to allow two minutes for a speaker. If anyone wants to put anything in the record, please come forward. Once again, I'm allowing two minutes per speaker. Yes, sir. Your name -- Michael Chenowoth: Thank you, sir. My name is Michael Chenowoth. I live at 31 Garden Cove Drive in Key Largo. We own property in the City ofMiami. This property has been in my wife's family for almost 70 years. We've always paid our taxes, and we love our fire department, but we're concerned and I'm concerned. I've watched the City struggle with its financial problems for the last decade, and I'm disappointed to see so much energy going into the litigation in this. The City should have -- when it found that this had been decided illegal by the courts, it should have simply said, let's do it right. Let's determine how much money we owe the taxpayers of the City ofMiami; send it back, and figure out how we're going to pay for our fire department from here on out, you know. I'm very heartened by Commissioner Sanchez's statements just before me because it's the kind of attitude that I think is important for the Commission to have, but the City ofMiami is a tremendous organization, and this should never be allowed to happen again. If you ever find out that the City has made a mistake, as I'm sure it City ofMiami Page 36 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 was an honest mistake, this fire fee, let's not spend millions of dollars on lawyers. Let's not spend years and keep people from getting their refunds as they should. It's a simple thing. The lady over here, she said she knows how much each person should get. Let's just do it. Let's -- when the times comes that the court says this was illegal, tell 'em pay it back, and we'll figure out how to make that money somewhere else. They talked about everything from 75 to 24, and now we're going to get 15? I'm not very happy about that. I think it could have been done properly and done several years ago. Thank you. Chairman Gonzalez: Thank you. Yes, ma'am. Morning. Louise Bauer: Good morning. My name is Louise Bauer. I reside at 756 West 49th Street, Miami Beach. I've owned property in the City ofMiami for nearly 30 years. I paid this fee, and in my case, it hasn't been five hundred and something for ten years because my fees have been -- have ranged from 1,800 to 2, 700 a year, so there's considerably -- I think that what the City quoted was for a private residence. Ms. Bru: Single-family residence. Ms. Bauer: Yes, OK, and I think that there is an enormous risk to the morality of the City, and I notice the absence ofMayor Diaz, which really, really throws me today because we wouldn't have been in this situation if it wasn't for -- Applause. Ms. Bauer: Well, thank you. Anyway, I think it's disgrace that public money has got to go for legal fees and for administrators. We paid in good faith, and the City did not act in good faith. I have a question from the administrator of how successors will be paid because people are going to die, properties are going to be sold, and corporations are going to be collapsed, so before there's any vote given, I want the administrator to tell me straight out how these successors are going to be handled. That's one thing I want to know. I think we all need to know that, and also from this $15 million settlement -- and I do believe attorneys should be paid, butt understand that the class action people are going to have to pay the legal bills for the attorneys, which I think, if the City was acting morally, the City would have paid the bill. The City caused this problem, so I'm getting -- I'm not getting a half of loaf. I'm getting a slice of the bread when I should be getting every single penny I paid -- Chairman Gonzalez: All right. Ms. Bauer: -- and then on top of it, you're insulting me by making me pay for the attorney to represent me getting what's mine. Chairman Gonzalez: Ma'am, your time is up. Ms. Bauer: Thank you so much -- Chairman Gonzalez: Thank you very much. Ms. Bauer: -- for you time. Applause. Ms. Bauer: Not fair. Chairman Gonzalez: Remember what we said at the beginning: No clapping, no -- OK? Let's behave. Yes, sir. City ofMiami Page 37 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 John Talamas: Yeah. My name is John Talamas. I manage two family properties in the City of Miami, commercial properties. I just want to add to what these people are saying, and I agree with her. The $3.5 million of the money that was paid out and we're trying to get some of it back, my first question is did the taxpayers pay for that, and why are we giving it to the Fire Department when it should be part of the $15 million, or it should come back to us, not to the Fire Department? The Fire Department has been making their money. They've got enough money. Second question is why do we have to apply for the money? Why don't you just -- you knew where to get it. They knew where to get it. The County knows my address. They know where to put it on my tax bill, and why don't they just send it back to me? Simple. Third question is the new fire fee, under the new name, whatever it's called that keep seeing on my tax bill, is that going to still be there or is that going away? Vice Chairman Sanchez: Going away. Chairman Gonzalez: That's going away. Mr. Talamas: OK. Chairman Gonzalez: Mr. Manager, I want some -- Mr. Talamas: The newspapers keep saying that maybe it'll go away, butt never hear the newspapers say that it will go away. Chairman Gonzalez: It's going to go away. Mr. Talamas: Does somebody here -- can tell us that it will go away? Chairman Gonzalez: Sir -- Mr. Talamas: Yes. Chairman Gonzalez: -- we're telling you that it's going to go away. Mr. Talamas: It is. OK Chairman Gonzalez: OK? Mr. Talamas: Very good. Chairman Gonzalez: Mr. Manager, I want someone to take notes of the questions because I don't want to start a debate. I just want the questions to be answered by counsel or by a representative of the administrator. Proceed. Mr. Hernandez: Yes. Mr. Talamas: Thank you. Chairman Gonzalez: Proceed, sir. Mr. Talamas: That's it. Chairman Gonzalez: That's it? Thank you very much. Mr. Talamas: I'm just adding to what the other people have said -- City ofMiami Page 38 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Chairman Gonzalez: Thank you very much. Mr. Talamas: -- andl agree with them. Thankyou. Chairman Gonzalez: Next? Anyone else? Judy, good morning. Judith Sandoval: Good morning, gentlemen -- Chairman Gonzalez: Nice to see you. Ms. Sandoval: -- and Michelle. Glad to have you back. Commissioner Spence -Jones: Thank you. Ms. Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I wanted to ask about another big amount of money, which came -- comes out of the -- back at the taxpayers, and I think we should be given that figure, because it's an awful lot of money. How much did the City have to pay their lawyers, these nice gentlemen sitting here, to defend itself against our lawyers, Mr. Williams and his partners, who did such a wonderful job getting this money for us? Thank you. Chairman Gonzalez: Thankyou, ma'am. Anyone else? All right. I'm closing the public hearing. It comes back to the Commission. We have a motion, and we have a second. Before -- Ms. Sandoval: Excuse me. Mr. Gonzalez, that was a question. Commissioner Spence -Jones: She has a question. Ms. Sandoval: I want an answer. Chairman Gonzalez: No. I'm going to get you the answer. Give me a chance. Before we vote on the issue, can we answer the questions from the public? Yes, please. Mr. Cole: Yes. Thank you, Mr. Chairman. First and foremost, this is not a dollar -for -dollar refund because you are not entitled to a dollar -and -dollar refund, according to the Supreme Court of the state of Florida. This fire fee -- and it's extremely important that this public knows this, because this has been another misstatement, if that's the right word, of what's occurred here. The City passed this fire rescue assessment at the time as authorized by the state of Florida Legislature and it was perfectly legal and acceptable. It was passed by municipalities all over the state of Florida. In the year 2000 -- and it was a fire rescue assessment -- and I apologize for turning my back on the Commission -- a Fourth District Court ofAppeal court said that the rescue portion, not the fire portion, not the entire portion, only the rescue portion was unconstitutional, so right away any money that was assessed and spent on fire is absolutely legal; only the rescue portion is unconstitutional and illegal. The City then, doing the right thing, immediately amended their assessment to make it a fire assessment, even though it was not bound by what happens in the Fourth Disfrict Court ofAppeal, as they're governed by the Third Disfrict Court ofAppeal. That was in the year 2000, so since 2000, it is the City's position that the assessment is constitutional and legal. A court has never ruled that it isn't. That's why you're not getting dollar -for -dollar back. You're not legally entitled to dollar -for -dollar back. In 2002, the Florida Supreme Court said only the rescue portion was unconstitutional. I hope that addresses the first question. That's very important for the public to know. That goes into the second question: Why you're not simply just -- you see what you paid and you write a check back. We have, along with Class counsel and experts, been very vigilant and very -- and worked very hard to see what is a fair amount. As Mr. Scott said when he stood up some time ago, this is new ground. There is no formula to see what's fair. We hired municipal law experts, the Class City ofMiami Page 39 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 did likewise, to see what is a fair number. Naturally, in litigation we had a disagreement. We've worked very hard to come to what we all believe is medium ground and a compromise number. This City also has to -- the City also has to recognize that who is funding this? The taxpayers are funding it, so they have to be responsible to those taxpayers who are funding it and be responsible that the property owners who paid the partially, and I stress partially, illegal assessment get their fair share back, and we've worked very, very hard to do that. Those are two important things you need to know. Third, you just simply can't write a check to people because we have folio numbers that go on a County tax bill. We have to identify who the correct people are. We've gone through the Department of Revenue with the state of Florida; gone through the County; gone through our records to make sure we identify the right people, make sure the right people get the money back. As Commissioner Sanchez said, we want to make this as simple as possible for everyone; yet, make sure we have safeguards so people who are not entitled to a refund get money back, and that's the balance we've had. We've worked extremely hard with Class counsel, extremely hard with the Administrator and our folks to make sure that's done. We have a settlement agreement -- and, ma'am, I apologize that I forgot your name -- that addresses successors. Yeah, you mentioned successors. That's in the settlement agreement. We worked for over six weeks on a 30-page settlement agreement making sure it was fair to everybody, and I can tell you, speaking on behalf of these gentlemen and our law firm and the Administrator and our experts, we worked exfremely, exfremely hard to arrive at the right number, a fair number that's just and equitable, and to make sure those who are entitled or their successors will get the money back. I can read you the paragraph, but it's in 1.18 -- paragraph 1.18 of the agreement; it addresses successors, so if someone did pass away, their relatives, who are entitled to it under the law, will still get that money back. With regard to the 3.5 million, I -- and I apologize; I don't know who asked the question: Why is that going back to the Fire Department? Because the Fire Department paid it. It came out of the Fire Department's capital improvement fund, and we all felt it was only fair to return it where it came from, and that's why it's going to the Fire Department. Typically, in class actions, the money goes back to the defendant. If it's not -- any money that's left over goes back to the defendant and they can spend it any way they want. We didn't do that. We want it to go to where it came from, and we believe -- we all believe that the Fire Department was the most logical place because the money came from there and because that benefits everybody. There's a fire in the City, it helps everybody. We want the Fire Department to be fully staffed and ready, but most importantly, that's where the money came from. With regard to the attorneys' fees and costs, those numbers were factored into the settlement amount. The City believes it has very strong legal defenses that we could still pursue. The Class believes otherwise. That's why this is a compromise, but we factored all those into our evaluation; they did so as well, and we came up with a compromise number. Again, that -- as Mr. Scott said, this is totally new ground. It wasn't as simple as -- and it seems very simple; why don't we just write back a check for what everybody got? That's not what folks are entitled to. We really worked hard to do the most fair and just and equitable thing. That's what this Commission has asked us to do; that's what the Mayor has asked us to do, and that's what we've been doing here, and I truly believe -- I've been practicing 17 years, certainly not as long as Mr. Scott, but this is as fair and equitable as a settlement as there can be, both on how it's going to be administrated, both on who's going to do the administering, and what the people are getting back, and what's being decided here balancing all contingencies, and that's what we've tried to do. Chairman Gonzalez: Thank you. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: All right. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, sir. City ofMiami Page 40 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Regalado: IfI may? No, it's not that much of question. The public hearing is closed, is it? Chairman Gonzalez: It's closed. Commissioner Regalado: OK, so the public hearing is closed. I would really like to make some comments because this was and has been one of the most important issues of the City ofMiami in the last years, and I have seen throughout the years people like Deborah here; she would come every year to protest the fire fee. Eva Nagymihaly has been here for all these year to protest the fire fee. I think can speak in terms of not liking the fire fee because I think have a perfect record of not voting for the fire fee because I knew the history of the fire fee. This has been a bad history. Number one, the fire fee originated because the City went into economic spend, and it was under the Governor's control and the Oversight Board of Lieutenant Governor Buddy MacKay that the fire fee originated. In this same chamber, the people ofMiami were promised that the fire fee would only be for five years, then the fire fee was included in the frim notice, and so you need to pay or you will get a lien from the County, so it was a mandatory tax, although it wasn't a tax; it was just a fee, so no one was able to use that for the IRS (Internal Revenue Service) declaration at the end of the year. Then we went into court, and then we had this tragic episode of the $7 million for the lucky seven. Now, finally, we have an agreement, and people ask legitimate question, why we should apply, because after all, they knew when to take it and where to take it, and we should just send the money the same way that we took it. I guess because we want to be precise because there are people that have been moved from Miami. There are people that have sold their homes, and there're companies that have disappeared, and I think that we need to make a commitment to the people ofMiami, past and present of all these years, that we'll be watching what this administration group does in terms to reach out to the residents. When the agreement was announced, I read comments from the Mayor saying that it's time to put this to bed; I agree, and there's no way that we can put this to bed if today, before we vote on this settlement, which is important for the people ofMiami and for the City, before we vote, we not declare, in a way of a resolution that it is the will of the City Commission to eliminate the fire fee in this budget year right now, today, because tomorrow you will read in the paper "maybe" the City Commission will eliminate the fire fee, and so this will not go to bed. This issue will not go to bed, so Mr. Chairman, I'm moving a resolution -- Chairman Gonzalez: No, no, no, no, no. Vice Chairman Sanchez: No. Commissioner Regalado: -- to -- Chairman Gonzalez: Wait a minute, wait a minute, wait a minute. Vice Chairman Sanchez: We -- Chairman Gonzalez: Let's vote first to approve the settlement, and I don't know -- I was at the press conference, too -- Vice Chairman Sanchez: And everybody's been briefed on that. We are going to lower the millage -- Chairman Gonzalez: -- and it was said -- at that press conference, it was said -- Vice Chairman Sanchez: -- and do away with the fire fee. Chairman Gonzalez: -- that this year we were going to eliminate the fire fee or the fire City ofMiami Page 41 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 assessment, so you know, I mean -- Commissioner Regalado: Whoa, whoa, whoa. Vice Chairman Sanchez: You don't need a resolution. Commissioner Regalado: Whoa, whoa, whoa. I don't -- Chairman Gonzalez: You don't need a resolution. Mr. Manager. Commissioner Regalado: Excuse me, excuse me. I don't understand because this Commission, officially -- I'm not talking about what was said on the press conference. Officially, this Commission approve the fire fee for this budget year, right or wrong? Chairman Gonzalez: But it's going to have to come back on the budget -- Commissioner Regalado: But -- Chairman Gonzalez: -- and I'll bet you that come September, it's going to be eliminated. Commissioner Regalado: Well, but that -- this is my point, Mr. Chairman. This is my point. We are frying to put to bed this issue. Chairman Gonzalez: Yeah, Tomas. I know what you're trying to do. I know exactly what you're trying to do. I know exactly what you're frying to do, but once again, let's run the Commission. Let's have some order to run the Commission. We're not discussing now the fire fee for this year or next year. We're discussing a settlement, and if we're ready to vote on the settlement, let's vote on the settlement. You had your opportunity at the beginning of the issue to put something in the record, so did Commissioner Sarnoff so did everybody, all right? We open it to the public; we close it to the public; we'll bring it back to a vote, and then you take a second shot at the deal, OK, and you had another position to make; you made your position. Now you want to pass a resolution before voting on the actual item that we're discussing, and we need to establish some -- Commissioner Regalado: And I -- Chairman Gonzalez: -- guidance in this Commission. Commissioner Regalado: -- agree, and I'm sorry I talk too much, but -- Chairman Gonzalez: Well -- Commissioner Regalado: -- the fact of the matter -- Chairman Gonzalez: -- maybe you do. Commissioner Regalado: -- is -- Chairman Gonzalez: You know, I'm not saying that; you said it yourself. I'm not saying that you talk too much. Commissioner Regalado: No. You just said that I -- Chairman Gonzalez: You said it yourself. City ofMiami Page 42 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Regalado: -- had one shot and the -- Chairman Gonzalez: No. Commissioner Regalado: -- next shot -- Chairman Gonzalez: You took a second shot at the -- Commissioner Regalado: -- and -- Chairman Gonzalez: -- deal, you know. Commissioner Regalado: -- but you know, I think that this is an important issue. Chairman Gonzalez: And remember that we are all in campaign. Vice Chairman Sanchez: Call -- Chairman Gonzalez: I mean, we are all -- you know, we all have election this year, so -- Vice Chairman Sanchez: -- the question -- Mr. Chairman, call the question on the settlement. Commissioner Regalado: No, no, no, no, no. Wait a minute. Wait a minute. Wait a minute. This is not -- Vice Chairman Sanchez: Call the question on the settlement. Commissioner Regalado: -- about campaign. This is not about a political issue because like I said from the beginning, I have a perfect record. Chairman Gonzalez: I know you do. We all do. We all know you do. Commissioner Regalado: No, no, no, no, no, no. I have a perfect record on the fire fee issue. Madam Clerk -- if you want to know how many times we voted and how many times I voted no. This is not about campaign. This -- what I'm frying to do here is state to the people ofMiami that this issue is really going to bed. We vote for the settlement and we vote on the resolution eliminating the fire fee. I don't think that it's crazy. I don't think that we need to wait for September. Commissioner Spence -Jones: Mr. Chairman. Commissioner Regalado: Why wait for September what you need to do today? Applause. Commissioner Spence -Jones: Mr. Chairman, can -- Mr. -- I totally -- and I don't want to get in between what y'all have going on on the end. I was not -- I didn't get a chance to make it to the actual press conference -- Chairman Gonzalez: The press conference. Commissioner Spence -Jones: -- but I did hear that that was the direction that the Administration was going on. I would ask that we do take this item up now and deal with this, and then I would like to at least address -- and show -- I do understand, Commissioner Regalado's point, and while everybody didn't hear the press conference, did not know about the press conference -- City ofMiami Page 43 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Chairman Gonzalez: Right. Commissioner Spence -Jones: -- I think that we would send a united message today regarding the fire fee issue if we just go ahead and take up the resolution. I mean, if we're all supporting it, I don't see any harm with us handling it. I do agree with you, though, Mr. Chairman, that we need to handle this business -- Chairman Gonzalez: And then -- Commissioner Spence -Jones: -- finish this business first, and then I'd like to ask that -- Chairman Gonzalez: -- handle the other business. Commissioner Spence -Jones: -- we take up Commissioner Regalado's. Chairman Gonzalez: All right. Mr. Manager, are we considering to eliminate the fire fee -- Vice Chairman Sanchez: Yes, we are. Chairman Gonzalez: -- come September? Vice Chairman Sanchez: Yes, we are. Mr. Hernandez: Mr. Chair, yes. The answer is yes. Chairman Gonzalez: Thank you very much. All right. Let's vote on this item. We have a motion, and we have a second. Do a roll call, please. Ms. Thompson: Roll call. Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes, ma'am. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: Yes, ma'am. Ms. Thompson: The resolution -- Chairman Gonzalez: Now, Commissioner Regalado -- Ms. Thompson: -- is adopted, 5/0. City ofMiami Page 44 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Chairman Gonzalez: -- your resolution. "[Later...]" Commissioner Spence -Jones: -- I just -- I know we've already dealt with the issue. Ms. City Attorney never really answered Grace's [sic] question. Ms. Bru: Yes. There was a question about how much the City has spent on outside counsel fees. I don't have exact numbers because they're -- the fees are consisted of fees paid in order to set aside the original settlement, and then fees paid to continue to fry to resolve the underlying case. We will post a schedule with specific amounts on the Web site for the CityAttorney's Office, and make it available to the Commissioners. I can tell you that, at this point, I have personally reviewed bills in approximately $700, 000, and that included fees for consultants also. Chairman Gonzalez: All right. Commissioner Spence -Jones: All right. Grace, did you hear that? City ofMiami Page 45 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 FR.1 07-00937 District 2- Commissioner Marc David Sarnoff ORDINANCE - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING," TO CREATE A NEW ARTICLE ENTITLED "MURAL REGULATIONS," CREATING DEFINITIONS; PROVIDING A SELECTION CRITERIA, CLASS I PERMIT REQUIREMENTS; PROVIDING FOR AN APPLICATION AND APPROVAL PROCESS; PROVIDING FOR VIOLATIONS AND ENFORCEMENT PROCESS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00937 Legislation.pdf 07-00937 PowerPoint - ElvisCruz.ppt 07-00937 Submittal Photos.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Spence -Jones Noes: 1 - Commissioner Sarnoff Absent: 1 - Commissioner Gonzalez Commissioner Sarnoff Mr. Chairman, I'd like to address that, if possible? Chairman Gonzalez: Yes, sir. Commissioner Sarnoff First off what I'd like to do is have somebody come up and just do the -- I have a program to show you the 37, now 38, murals that are in the City that are illegally up. Just so you all understand, there are two kinds of murals in the City ofMiami. There are nine what will call stipulated murals, and there are 37, now 38, as of tomorrow, illegal murals, so what's happening is we're not in control of whatl'm going to, from this day forward, not do damage to the word mural, but call it outdoor advertising, just what it is. You know, mural comes from the word Latin -- it's Latin, and it calls "muralis" or "mucus," which means wall. Murals are a painting on a wall, ceiling, or other large permanent surface. These are not murals. Murals of sorts date back to prehistoric times such as paintings on caves in the -- of Lascaux in Southern France, but the term murals became famous with the Mexican muralist art movement Diego Rivera, David Siqueiros, or Jose Orozco. As a matter of fact, probably the most famous mural in the world is the mural in Havana, Cuba, and it's right on the wall. These are not murals. These are outdoor advertisements, and as you can see, they are proliferating all over the city. Now, a little historical background. The City passed, on first reading, a murals ordinance back in 2004. The geographic size of that ordinance is in yellow right here. The geographic size of the murals ordinance originally passed was right here, and coincidentally, the County passed Murals I was -- what is described in yellow. Then, like a lot of politicians, it passed so easily, they decided to do what is called Murals II, which is really Murals I on steroids, and as you can see in red, what you now have is a murals area which includes not only the yellow, but inclusive of the red, so you now have in almost the entire -- certainly all of District 2 and some of district -- Commissioner Gonzalez's district, that's the red right there. The murals ordinance that I'm proposing is 15 murals. They're limited in size. They need to be spaced correctly. They are spacing of approximately 600 feet apart. The Performing Art Center, which we just spent upwards of $600 million on, should be free from murals; yet, most of the murals will be dedicated in and around a place that we just put six hundred thou -- $600 million of public funds, so there should be a mural free zone around there. Murals should be a thousand feet away from single-family homes. They should carry significant liability insurance because what if someone does not take down a mural in the hurricane? So a $3 million liability insurance. There should be a $1 million bond or letter of credit. They should be 600 feet away City ofMiami Page 46 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 from multifamily residences. They should not cover windows. They should not be placed on unregulated structures. That means that buildings that have no Certificate of Use, no Certificate of Occupancy, and the reason that should be that way is you are going to extend the life of buildings that should come down or be rehabilitated in the City ofMiami. What you're going to do is promote what happened in New York City. In New York City, those buildings did not have to have a Certificate of Use. There's an entire section of dilapidated, falling down buildings in New York that are used nothing more as billboards, so if you allow buildings that have no Certificate of Use or no 40-year validation, you're going to extend the life of buildings in the City ofMiami unfairly to those around their neighbors. These murals should be only given to people who have knowledge and experience in providing murals. They must have background checks. They should not be part of the 38 illegal murals you're now looking on the photograph here in the City ofMiami. Because if they've broken the law today, why should they be allowed and encouraged to come before this Board and ask for an application to get a mural? Now, ifI had my way, there would be no murals in the City ofMiami, but I don't think I will have my way because I think this is a hurricane of sorts that is going to come to the City ofMiami and spend - - and spread more money than probably any other industry we've ever seen, so my purpose and my reason to bring this to bear is I believe this is a Disfrict 2 issue. These murals will be placed predominantly, if not exclusively, in Disfrict 2. To me, they're eye pollution. I want to limit the eye pollution to a minimum. I want to do something good with what we have, and that is dedicate it to the arts and dedicate it to the acquisition of park space. I understand that this Commission or this City administration is expressing a desire to defer this item. I would encourage you to look at this item, pass it on first reading, and if there are any changes in terms of mural size -- and I mean by that the square footage -- if there's any changes you wish to make in number of murals, which I would oppose, then so be it, but it's time to get a grip on the 38 illegal murals that we presently have in the City ofMiami. Code Enforcement -- and I don't mean this disrespectfully to them -- cannot, under the existing laws that they have now, effectively police murals. The way Code Enforcement works is you give a 30-day notice. You give the advertiser 30 days to keep the sign up there, and then bring it down. Under this ordinance, they get a five-day notice, and if, in five days, they don't bring down that sign, then it comes down by the City ofMiami rs own work. The -- and the building will be liened, so I encourage everyone here to pass this or consider this on first reading. In the past -- since the drafting of this ordinance, three illegal murals have gone up in the City ofMiami just from the drafting of the ordinance. Do not encourage, by not moving forward today, the proliferation of more murals. It is eye pollution, and I should correct myself. It's really not a mural. It's nothing more than outdoor advertising. You know, if you look at them up on the signs that you're seeing now, as they keep repeating, at one times, the murals were supposed to have five percent advertising. What we can see in the City ofMiami, when we let the camel's nose in the tent, the rest of the body seems to follow. I've yet to see five percent advertising. I have proposed 20 percent advertising, but that's on the entire mural, so Mr. Manager, I would encourage that my Commission take this item, look at this item, and pass this item on first reading. Commissioner Spence -Jones: Mr. Chairman. Chairman Gonzalez: You want to take that to a vote or --? Commissioner Spence -Jones: Mr. Chairman, I just have a comment real fast. Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: As Commissioner Sarnoff has stated, many of the murals are in his disfrict; some of them are in mine or affect my district also; also affect the CRA (Community Redevelopment Agency). What I'd like to have happen, because I'm really frying to digest this whole thing. I'd know this has been something that the Administration has been working on for a while now, so I'd like to at least hear from the Administration regarding this issue, and personally, I'd like to have a little bit more time before I make a decision on what I'm going to do City ofMiami Page 47 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 or to take a vote, so I'd like for the Manager to speak on it, and I'd like to have Orlando speak on it. I know that got briefed couple days ago, butl want to be very clear, because I know that this is an ordinance that they've been working on for a while, so can I have -- Mr. Hernandez: Sure. Commissioner Spence -Jones: -- some explanation from the Manager and from staff regarding this issue? Mr. Hernandez: Commissioner, this is -- we're dealing with an ordinance that passed first reading through the City Commission probably two to three years ago, and at that time, it was, I would say, stopped or held because of County actions that were needed. The County, in essence, had to provide an exempted area of the County that would not be subject to the County Code, and so that's why it was sort of held. The County now has, in essence, carved out a section of the County through their original ordinance and then the amended ordinance, and it grew from the original request by the City to an area that is much larger. The Administration worked on modifying that ordinance. We added language that we obtained from other municipalities that are facing similar issues. We did language on the lottery and the process of providing the permits. The industry also had a look at it; had their comments, and then Commissioner Sarnoff, in essence, looked at our ordinance and provided his input into it, and that's what you have before you today. I personally feel that this is quite significant; that it requires additional study, additional vetting of all the concerns, even with the industry again, and I would like to be able to have the opportunity to have Orlando and the Department take a further look at it, come back and brief every one of you before we have it for discussion before this Board. Commissioner Spence -Jones: Can -- Orlando, can you -- because I know you've been intimately involved in this whole issue, and I personally would like to hear your viewpoint. I mean, the whole purpose of staff being there is to really kind of give us insight of what they feel -- think is the best thing to have done or do, and I at least want to respect what you've been working on. Orlando Toledo: Senior director of Building, Planning and Zoning, Orlando Toledo. Like the Manager just said, yes, we have been -- and this ordinance did come to us about two and half years ago, ofwhich it was approved first reading. When the County finally went ahead and approved the first area and then came back with the additional area that now they have proposed an additional -- it was first approved at 30 signs or 30 murals, and then it came in at 45. The Administration has been talking to the industry, and we've met, I want to say, two to three times, ofwhich now we will see what the Commissioner has presented, and ideally, the idea is to go back into the drawing table and then come back to you and tell you exactly what the Administration believes. Commissioner Spence -Jones: Orlando -- Mr. Toledo, do you -- what I'm trying to understand out of this whole thing is what -- is there an actual rush for this? Is there something coming up that we have to make a decision by a certain time? Why is there -- why is this become like such a big issue that we have to address it right now? I -- that's what I'm trying to understand. Chairman Gonzalez: If you -- Mr. Hernandez: Commissioner, I don't think that it's something that -- Chairman Gonzalez: -- allow me, I would like to -- if you allow me for a minute? Commissioner Spence -Jones: Sure. Chairman Gonzalez: That's exactly what told the Manager when he told me that he wanted -- that this item was going to be placed on the agenda. I don't know if any of the Commissioners -- City ofMiami Page 48 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 and I guess the only Commissioner that has been briefed on this item has been District 2 Commissioner, but there are five Commissioners on this dais, not only one. It's five, and there is a City compose of five districts; not only one district, not only one segment of the community, and in due respect to the rest of the Commission, every Commissioner should have been briefed on this item, and I haven't been brief on the item. As -- and as the Commissioner for District 2 said, I have many of these murals in my district. Now, Commissioner Spence -Jones also has murals in her district, and I don't know ifI agreed with everything that has been said in here in reference to the size, to the amount, to the X and Y and Z, so before -- that's why, Mr. Manager, I told you -- and let me tell you, this is going to be the last time that this is going to happen, because the agenda has been hijacked this morning, and I'm running this Commission. For people that like it or not, I'm running this Commissioner [sic]. I was appointed the Chair of this Commission, and while I'm the Chair of this Commission, I'm going to run the agenda, I'm going to run the meeting, and I'm going to conduct the meetings, so I hope that this be the last time that I'll tell you that don't want an item on the agenda and you place it on the agenda, because if that is the case, then we go up to the Mayor's office, we meet with the Mayor, and we let the Mayor decide if he wants me to continue to be the chair of the Commission or if he want someone else appointed to be the Chair. If that is the case, I don't have a problem with it. I just don't have a problem with it, OK? Mr. Hernandez: Mr. Chairman, ifI may, I think that need to at least straighten out the record. My understanding, after discussing this matter with the City Attorney, is that the Commissioner does have the right to place the item on the agenda. Chairman Gonzalez: In case I'm absent at the time of the vote, I'm voting no, OK? I'm voting to defer this item. Vice Chairman Sanchez: All right. Mr. Chairman. Mr. Hernandez: My understanding -- if you allow me, Commissioner Sanchez, just very briefly? I did check on the process with the City Attorney. He advise me that-- or I was advised, as a matter of fact, by Ms. Bru that the Commissioner does have the authority to place the item on the agenda. Vice Chairman Sanchez: And he does. Mr. Hernandez: However, there is an unwritten policy among Commissioners that an item such as this would go first to blue pages for discussion, and then the Administration would be directed to prepare the ordinance to be brought back before the Commission. I've discussed that with Commissioner Sarnoff; that's my understanding, and that's the reason why it appeared on the agenda. Vice Chairman Sanchez: All right. Commissioner Regalado: Mr. Chairman, ifI may? Vice Chairman Sanchez: Sir, you're recognized, and then we're -- Commissioner Regalado: Thank you. Vice Chairman Sanchez: -- going to put this to an end. Commissioner Regalado: I -- well, on Tuesday, I had the briefing from the City Attorney -- Wednesday. Yesterday, I had the briefing with Orlando and the City Manager. I would think that yesterday briefing about today's agenda, 80 percent were questions about this item, the mural item. My first question, I don't think has been answered yet. First question that ask City ofMiami Page 49 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Orlando and the Manager is what is a mural? And it's very difficult for me to understand the concept of mural. I would think it's a billboard, but it's not free-standing, or can be said, as Commissioner Sarnoff said, it's a painting, but also can be a sign, so I just wanted to understand what is a mural. I also wanted to understand if this has something to do with the billboards ordinance and the number of billboards and the number of so-called murals. I want to understand when a sign is illegal, and I want also to understand if this was about money and income from the industry to the City and also to the property owners that have this building that they can lease for murals. I understand the concept of advertising, and I -- that's what I've done all my life. I understand the value, the number of people that can see, the location, the time spent that a car stops in front of a billboard or advertising or -- but still don't understand the County ordinance carving some areas of City and the County. I don't understand this ordinance as we have it here, nor thatl understand the one that you guys are working on it, which could be a compromise, as you said, between this one and the County. I'm -- I don't know if what we're looking is income for the City. It's not precise. The goals of this murals restrictions or enlargement is not precise to me. If we are looking for income, I would think that -- and the City needs income very much so, especially now. The coming budget with the deep cuts that we will have to make -- then let's use this as income for certain parks. I would gladly use it for installing solar panels in all the City buildings, which are very expensive, but worthwhile, but for instance, how about the City administration building? Primmest [sic] location in -- one of the primmest [sic] location in the City ofMiami or in Miami -Dade County for that matter, will be the walls of the City administration, known as MRC (Miami Riverside Center). Why? Because you have I-95 both ways, you have a transit of hundreds of thousands of cars, and in rush hour, you have a time span of attention on those walls for even several minutes, so that would -- I would think that that would be one of the most expensive sites, or for that matter, the Orange Bowl, 826. Everyone who goes by 826 looks at the Orange Bowl, so I just need to understand the purpose. I just need to understand the goals of this ordinance, and I -- I'm not ready to vote today on this because I still have so many questions that, unfortunately, were not answer yesterday, but one thing is for sure. We need some kind of control because, you know, you cannot go around in every fence around a construction building and be placing a sign with advertising, because that is robbing the City. It's taking money from the City. I don't know if they're paying the developers or the construction people, but -- and it affects the industry itself because then you know, demand and -- has a -- has been change, so I don't know how long you guys are going to take, but do know that for one thing, between now and whatever time the City Commission is willing to discuss this, if we are not going to approve, as Commissioner Sarnoff says, this on first reading, between that time, you should go out and make people that have all these illegal banners and outdoor advertising, take them down, because that is your only leverage that you have for a true sign or billboard or murals -- I still don't know what is a mural -- ordinance. If you don't take them down tomorrow, so -- it doesn't make sense to do an ordinance because it's keep on going. What they do is they will pass on to the advertiser the fine if there is one, but it will contribute to people bringing more and putting more, installing more illegal banners and smaller, bigger, or -- and then you know, you are going to ruin the industry because you are going to have the independent contractors going here and there and not going through the real billboard or mural industry and making leases and making contracts. You will be making a big mistake if you don't take down those illegal advertising, because I would bet you that of those pictures that we were shown here, the City is not getting a penny out of 90 percent of this advertising, and that is wrong because it's the City's right-of-way, and you know, if we make the owner of a cafeteria in Coral Way to pay this, and to go by the book, and if he wants to have a sign, it has to be this size, and you cannot have a table outside or a chair for the people to sit; you have to go through a permit, and we don't make the people that are running wild, even outside of the industry -- because I'm sure that it's outside of the true industry -- placing signs. Vice Chairman Sanchez: All right. Commissioner Regalado: You know, we are doing wrong to the real business community of the City ofMiami that really pay taxes and want to do the right thing, so thank you -- City ofMiami Page 50 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Vice Chairman Sanchez: All right. Commissioner Regalado: -- Mr. Chairman. I'm done, and I just hope that the City will just go out tomorrow and just take down, not cite, the ones that are illegal, and then move on with all the studies that you want to do. Thank you. Commissioner Sarnoff Mr. -- Commissioner Spence -Jones: Mr. Chairman -- Vice Chairman Sanchez: No, no. Listen, the gavel has been passed, the votes aren't here. Let's -- there'll be plenty of time for the ordinance for discussion, there'll be plenty of time for amendments. As the Chair, Commissioner, I don't think you have the three votes to make this on first reading. Commissioner Sarnoff I agree. I just want to make one comment. Vice Chairman Sanchez: All right. No, no. Let's -- there'll be plenty of time -- Commissioner Sarnoff I want to make -- I'm asking for one comment. That's all. Vice Chairman Sanchez: You're recognized, but, you know, we have -- Commissioner Sarnoff I'll -- Vice Chairman Sanchez: -- a long agenda. Commissioner Sarnoff -- be brief. Understand something: Mariano de Mola, who is the head of Code Enforcement, has been pursuing all the illegal murals, and the way we can enforce them right now is they have 30 days to bring them down. They stay up there for the 30 days. When he arrives, they ordinarily bring them down. When he leaves, they go right back up, so right now, our actions or inactions will be articulated to this industry as action. The 38 illegal murals will stay just where they are. Vice Chairman Sanchez: And I think you've made your point on that issue. Now, as the Chair, under Mason's Rule, you have every right to bring that item up. You will need three votes to get it passed on first reading. I don't think you have the votes. A deferral will need also a second and three votes, and once the item is deferred, there is no further discussion, OK? What I'd like to suggest here is, since there are right now, through the discussions that we've heard, there is your ordinance being presented, there is already one that was passed on first reading and tabled and sent to the County for their review, and the Administration having another ordinance, I think, as the Chair, it is prudent that we defer this item, look at all the ordinances, muscle them up, come up with some great ideas, and I'm sure that your ordinance has some good ideas, and then we will vote on the issue, but I don't think the votes are here, and now what -- either I would like is for you to -- someone to proffer a motion to defer the item, and it will be brought back when the Administration wants to bring it back for discussion. Is there a motion to defer the item? Commissioner Spence -Jones: I'd like to defer the item. Vice Chairman Sanchez: There's a motion by Commissioner Spence -Jones. Is there a second? Commissioner Regalado: I'll second it. City ofMiami Page 51 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Vice Chairman Sanchez: Second by Commissioner Regalado. No discussion on the item. All in favor, say "aye." Anyone in opposition, having the same right, say "nay." Commissioner Sarnoff Nay. Vice Chairman Sanchez: OK, one nay for the record. The item has been deferred. City ofMiami Page 52 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 RESOLUTIONS RE.1 07-00923 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A GRANT Office AWARD FROM THE MIAMI-DADE COUNTY COMMISSION ON THE STATUS OF WOMEN, IN THE AMOUNT OF $40,000, TO THE CITY OF MIAMI COMMISSION ON THE STATUS OF WOMEN, FOR THE JULIA TUTTLE STATUE PROJECT, WHICH IS TO BE ERECTED ON THE MIAMI RIVER IN MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD. 07-00923 Legislation.pdf 07-00923 Summary Form.pdf 07-00923 Pre-Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez RE.2 07-00821 Office of Strategic Planning, Budgeting, and Performance R-07-0417 A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, directing the Administration to seek additional funding for the Julia Tuttle Statue project through Miami Sports & Exhibition Authority/Arts in Public Spaces. Note for the Record: Please refer to item PA.1 for minutes referencing this item. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI ("CITY"), FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008; DIRECTING THE CITY MANAGER TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARING AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE CITY'S TENTATIVE BUDGET, FOR SAID FISCAL YEAR. 07-00821 Legislation.pdf 07-00821 Summary Form.pdf Motion by Chairman Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0424 Chairman Gonzalez: All right. Let's take the last item before lunch, and I hope this will be an easy one. It's reducing the millage rate for fiscal year '07/'08. Mr. Manager. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, the proposed millage cap City ofMiami Page 53 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 for the '07/'08 fiscal year is proposed to be set at 7.299. The current millage is about 8.3, so based on the statement dated formula for the next fiscal year, the millage is going down just over a mil in the City ofMiami. Chairman Gonzalez: All right. Vice Chairman Sanchez: Why don't we take that item, the first item in the p.m. agenda? Commissioner Spence -Jones: Is this going to be a long item? Is this going to --? Chairman Gonzalez: I don't think it's going to be -- Vice Chairman Sanchez: Well, it's not going to be -- Chairman Gonzalez: -- a long item. Mr. Hernandez: No. It should not be. Chairman Gonzalez: This item shouldn't have any problem. It's reducing taxes -- Vice Chairman Sanchez: No, no. Chairman Gonzalez: -- by one mil. Vice Chairman Sanchez: I'm all for it, but think there may be some questions as to not only the reduction, but also if we just did away with the fire fee, which about three point something million dollars, I -- you know, I don't want to rush through this. I want to ask some questions pertaining to numbers. I'm all for it, and I'm going to support it, butt want to make sure -- I mean, there's a lot of things coming down the pike that we need to be aware of. Commissioner Spence -Jones: But we're going to -- Chairman Gonzalez: And there's more -- and there is more coming in January -- Vice Chairman Sanchez: -- so I would -- Chairman Gonzalez: -- but you know -- Vice Chairman Sanchez: -- I don't want to -- Chairman Gonzalez: -- hey, listen. Vice Chairman Sanchez: -- rush through this item. I have some questions, and prefer and respectfully request that it be the first item taken up if this afternoon. It's going to be very brief -- Chairman Gonzalez: Huh? Vice Chairman Sanchez: -- but I just have some questions on it. Chairman Gonzalez: All right, then, let's table the item. "[Later...]" Vice Chairman Sanchez: OK. Let's -- why don't we get the millage out of the way? We've got to get the millage and send it to the County. City ofMiami Page 54 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Chairman Gonzalez: We have another appeal. Vice Chairman Sanchez: Oh, but -- let's just get the -- I think we got to get the mil -- I mean, there's not going to be discussion. We get it going. All right. Is -- Commissioner Spence -Jones: Oh, you got to --? Vice Chairman Sanchez: -- there a motion? Mr. City Manager, you're recognized for the -- setting the cap on the mil. That's RE -- Unidentified Speaker: 2. Vice Chairman Sanchez: -- 2. RE.2? Chairman Gonzalez: RE.2. Vice Chairman Sanchez: OK. Mr. Hernandez: Yes, sir. Vice Chairman Sanchez: All right. Mr. Hernandez: Mr. Chair -- Vice Chairman Sanchez: RE.2. Mr. Hernandez: -- we're proposing on this item a millage cap of 7.299, which is as per the state mandate as a result of the tax reform undertaken by the State Legislature this past summer. The present millage in the City ofMiami is 8.3745, and it's proposed to go down to 7.299, which is an excess of one mil, and to give you an idea, that's a reduction in property tax of approximately 31 to 32 million, and when you also add to that the equivalent of the fire assessment, which you have told us to basically keep out of the budget and you have eliminated it, that adds another -- close to 4 million, so all told, the reduction would be around 36 million. Vice Chairman Sanchez: All right. Chairman Gonzalez: I'll move the approval of the proposed millage. Vice Chairman Sanchez: There's a motion by the Chair to set the millage cap at 7.299. Is there a second? Commissioner Sarnoff Second. Vice Chairman Sanchez: Second by Commissioner Sarnoff. Any discussion on the item? Hearing no discussion, I just wanted to know the total amount. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries, and we could go ahead and send it to the County. Mr. City Manager, you're recognized for the record. Mr. Hernandez: Mr. Chair, ifI may. I want to place on the record the fact that the first budget hearing will be September 11. Originally, we had it scheduled for the 13th of September. That's City ofMiami Page 55 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Rosh Hashanah, a Jewish holiday, so we're moving it to September 11. Vice Chairman Sanchez: Now, Mr. City Manager, during the process of the budget, we could even lower it -- we could lower it some more -- Mr. Hernandez: Yes, sir, you could. Vice Chairman Sanchez: -- if we're able to identify the funding. Mr. Hernandez: What we have -- what you have done, in essence, tonight -- Vice Chairman Sanchez: To set the cap. Mr. Hernandez: -- is set a millage cap that cannot be exceeded, but it can always be lowered, and it would be prudent to leave it at the 7.299, and then be able to go through the briefings proceeding the budget hearings and see how we're managing the budget, and then you have the option, at your -- if you desire, to have -- Vice Chairman Sanchez: Right. Mr. Hernandez: -- it lowered. Vice Chairman Sanchez: Percentage wise, you're looking at a what, 12, 13 percent? Mr. Hernandez: We're reducing the property tax by 12 percent. Vice Chairman Sanchez: All right. Commissioner Sarnoff And that's mandated by Tallahassee, correct? Mr. Hernandez: Exactly, sir. That's the rollback millage. City ofMiami Page 56 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 PART B 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 briefly describe the request, whether an appeal, special exception, vacation, text amendment, zoning change, land use change, or MUSP, and make its recommendation. The appellant or petitioner will then present the request. The appellee, if applicable, will present its position. Members of the public will be permitted to speak on certain petitions. Petitioner may ask questions of staff appellant, or petitional [sic] will be permitted to make final comments. Chairman Gonzalez: Thank you. Madam City Clerk, we need to do the swearing in. Priscilla A. Thompson (City Clerk): Ifyou are in the chambers and you will be speaking on any of our P&Z items, I please -- I need you to stand and please raise your right hand so you can be sworn in. Ifyou are going to be giving testimony or speaking on any P&Z items, you need to please stand and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those giving testimony. Ms. Thompson: Thank you. Chairman Gonzalez: Thank you. PZ.1 06-01846mu RESOLUTION 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. 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. City ofMiami Page 57 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 06-01846mu - PAB Columbus Centre.pdf 06-01846mu CC Zoning Map.pdf 06-01846mu CC Aerial Map.pdf 06-01846mu CC Project in the Vicinity.pdf 06-01846mu CC Revised School Impact Review Analysis.pdf 06-01846mu PAB Reso.PDF 06-01846mu CC Legislation (Version 2).PDF 06-01846mu CC Exhibit A.pdf 06-01846mu MUSP Binder Cover.PDF 06-01846mu Table of Contents.PDF 06-01846mu Article I. A. Introduction.PDF 06-01846mu Article I. B. Application for Major Use Special Permit.PDF 06-01846mu Article I. C. Legal Description.PDF 06-01846mu Article I. D. Disclosure of Ownership.PDF 06-01846mu Article I. E. Ownership Affidavit.PDF 06-01846mu Article I. F. Directory of Principals.PDF 06-01846mu Article I. G. City of Miami Zoning Atlas Map, Page 37.PDF 06-01846mu Article I. H. City of Miami Future Land Use Map.PDF 06-01846mu Article I. I. Aerial and Location Map.PDF 06-01846mu Article I. J. Ownership List.PDF 06-01846mu Article I. K. Project Data Sheet and Summary.PDF 06-01846mu Article I. L. Summary of Approvals.PDF 06-01846mu Article I. M. Tax Information.PDF 06-01846mu Article I. N. Warranty Deeds.PDF 06-01846mu Article I. O. Corporate Information.PDF 06-01846mu Article II. Project Description.PDF 06-01846mu Article III. Supporting Documents.PDF 06-01846mu Article III. Tab 1 Survey.PDF 06-01846mu Article III. Tab 2 Site Plan and Drawings.PDF 06-01846mu Article III. Tab 3 Traffic Impact Study.PDF 06-01846mu Article III. Tab 4 Site Utility Study.PDF 06-01846mu Article III. Tab 5 Economic Impact Study.PDF 06-01846mu Article III. Tab 6 Historic and Environmental Preservation Board Approval.F 06-01846mu Additional Information Requested by the PAB.PDF 06-01846mu CC 05-24-07 Fact Sheet.pdf 06-01846mu CC 06-28-07 Fact Sheet.pdf 06-01846mu CC Analysis.pdf 06-01846mu Miami -Dade Aviation Dept Comments.pdf 06-01846mu Exhibit B.PDF 06-01846mu CC 07-26-07 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 City ofMiami Page 58 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 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. Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Gilberto Pastoriza: Mr. Chairman. Chairman Gonzalez: Yes, sir. Mr. Pastoriza: Could you take the deferrals -- two quick deferrals on the PZ (Planning & Zoning) items, please -- Chairman Gonzalez: Yes, sure. Mr. Pastoriza: -- before you go to lunch? Chairman Gonzalez: Yes. Mr. Pastoriza: PZ.1 and PZ.16. Chairman Gonzalez: Defer? Mr. Pastoriza: Yes, please, sir. PZ.1 deferred indefinitely, and we will pay for the readvertisement. Commissioner Spence -Jones: OK. Chairman Gonzalez: OK, and -- Vice Chairman Sanchez: What's --? Chairman Gonzalez: -- PZ.16? Mr. Pastoriza: And PZ.16 for September. Chairman Gonzalez: September. Very well. Priscilla A. Thompson (City Clerk): I'm sorry. Vice Chairman Sanchez: So move. Ms. Thompson: Chair? Vice Chairman Sanchez: So move. City ofMiami Page 59 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Chairman Gonzalez: We have a motion -- Commissioner Sarnoff Second. Commissioner Regalado: Second. Chairman Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Ms. Thompson: Yes. Mr. Pastoriza: Thank you. Commissioner Spence -Jones: Madam Chair. Mr. Pastoriza: Thank you. Ms. Thompson: I just need -- Commissioner Spence -Jones: Madam Clerk. Ms. Thompson: -- the name. I need your name for the record. Mr. Pastoriza: Oh, I'm sorry. Gil Pastoriza, 2525 Ponce De Leon. Ms. Thompson: Thank you. Mr. Pastoriza: Thank you. Chairman Gonzalez: All right. We're going to break for lunch. We'll be back at 2:30. Maybe we'll have some more deferrals at 2:30. PZ.2 07-00392mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE ALTOS POINTE PROJECT, TO BE LOCATED AT APPROXIMATELY 501, 505 AND 575 SOUTHWEST 22ND AVENUE, 585-87 SOUTHWEST 22ND AVENUE, 2160 SOUTHWEST 5TH STREET, 2161 SOUTHWEST 6TH STREET AND 2143 SOUTHWEST 6TH STREET, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 164 FEET WITH 4 INCHES OF HEIGHT, (15-STORY) MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 163 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 8,733 SQUARE FEET OF RETAIL SPACE; APPROXIMATELY 14,916 SQUARE FEET OF RESIDENTIAL FLOOR AREA; APPROXIMATELY 14,991 SQUARE FEET OF ACCESSORY CONVENIENCE FLOOR AREA, AND APPROXIMATELY 212 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. City ofMiami Page 60 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 07-00392mu- PAB Altos Pointe Supporting Doc..pdf 07-00392mu PAB Reso.PDF 07-00392x ZB Reso.pdf 07-00392mu CC Zoning Map.pdf 07-00392mu CC Aerial Map.pdf 07-00392mu CC Projects in the Vicinity.pdf 07-00392x CC Special Exception Fact Sheet.pdf 07-00392x CC Special Exception Analysis.pdf 07-00392mu CC Legislation (Version 2).pdf 07-00392mu Exhibit A.pdf 07-00392mu CC Exhibit B.pdf 07-00392mu CC Fact Sheet.pdf 07-00392mu Outside Cover.pdf 07-00392mu Inside Cover.pdf 07-00392mu Table of Contents.pdf 07-00392mu Article I - Project Information.pdf 07-00392mu Tab A - Letter of Intent.pdf 07-00392mu Tab B - Major Use Special Permit & Special Exception Applications.pdf 07-00392mu Tab C - Zoning Write-Up.pdf 07-00392mu Tab D - Zoning and Land Use Maps.pdf 07-00392mu Tab E - Project Data Sheet.pdf 07-00392mu Tab F - Deed-Computer.pdf 07-00392mu Tab G - Ownership List.pdf 07-00392mu Tab H - State of Florida Documents.pdf 07-00392mu Tab I - Directory of Project Principals.pdf 07-00392mu Article II - Project Description.pdf 07-00392mu Article III - Supporting Documents.pdf 07-00392mu Tab 1 - Minority Construction Employment Plan.pdf 07-00392mu Tab 2 - Traffic Impact Analysis.pdf 07-00392mu Tab 3 - Site Utility Study.pdf 07-00392mu Tab 4 - Economic Impact Study.pdf 07-00392mu Tab 5 - Survey of Property.pdf 07-00392mu Tab 6 - Drawings Submitted.pdf 07-00392 Submittal Environmental Impact Ietter.pdf 07-00392mu Submittal Presentation.pdf LOCATION: Approximately 501, 505 and 575 SW 22nd Avenue, 585-87 SW 22nd Avenue, 2160 SW 5th Street, 2161 SW 6th Street and 2143 SW 6th Street [Commissioner Joe Sanchez - District 3] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Altos Pointe Investments, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on May 16, 2007 by a vote of 8-0. ZONING BOARD: Recommended approval with conditions* of the Special Exception to City Commission on April 23, 2007 by a City ofMiami Page 61 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 vote of 5-2. *See supporting documentation. PURPOSE: This will allow the development of the Altos Pointe project. 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-07-0419 Chairman Gonzalez: Do we have the Administration ready? PZ.2. Hello. Do we have Administration ready? Yes. I'm sorry. Go ahead. Roberto Lavernia (Chief of Land Development, Planning): Yes. Chairman Gonzalez: Go ahead. Mr. Lavernia: Good afternoon. For the record, Roberto Lavernia with the Planning Department. PZ.2 is a Major Use Special Permit named Altos Pointe that is going to be located at approximately 501, 05, 75 Southwest 22ndAvenue, and 585 and 87 Southwest 22ndAvenue, 2160 Southwest 5th Street, 2161 Southwest 6th Street, and 2143 Southwest 6th Street. Altos Pointe is going to be a Major Use Special Permit that is going to have approximately 164 feet, 15 stories, mixed -use structure, with a total of 212 parking spaces and 163 units. Planning Department is recommending approval with conditions. I'm going to put on the record condition 11, which is the design -related conditions. Pursuant to design -related comments received by the Planning director, the applicant shall meet the following conditions: (a) Additional information on the material used on all sides of the building, particularly the garage screening and the frame details, garage gates, balconies and glass; (b) provide turning radius details for loading and check the required dimensions for the proposed loading berths; (c) clarify the proposed sidewalk and R.O. W. (right-of-way) improvement along Southwest 22nd Avenue. Continue to develop this frontage, as well as Southwest 5th and 6th Streets, to include a continuous curb and gutter, pedesfrian sidewalk, and opportunities for shade frees; (d) articulate the pedestrian sidewalk to give dominance to the pedesfrian realm over the vehicular areas. Achieve this by providing a sidewalk with a consistent pattern and height that continues across vehicular areas; (e) provide a complete tree survey of existing conditions, including species, diameter and spread, including all trees in the right-of-way. Please refer to the City ofMiami free protection ordinance passed in January 2005 and indicate how free mitigation will be achieved. Please note that the City calculates tree replacement by the sum of inches of tree frunk at breast height, while the County uses square footage of tree canopy; 0 provide a continuous canopy of shade trees to provide comfort for pedestrians along all street frontage. These shade trees shall be aligned close to the edge of the curb in the public right-of-way at no greater than 33 feet on center to provide a buffer for pedestrians from vehicular traffic; submit a landscape plan that specifies the species and proposed locations for all plant materials. Also, the proposed landscaping to the east need to be layered in order to provide a buffer with an appropriate transition towards the R-3 zoning. Thank you. Chairman Gonzalez: All right. Before we start, I would like the City Attorney to state the procedure to be followed during this meeting. You have that? Unidentified Speaker: Yes. Vice Chairman Sanchez: We got to swear people in. City ofMiami Page 62 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Maria J. Chiaro (Assistant City Attorney): Prior to consideration of any of the items, if you would swear in the -- anybody who's going to speak, and then I will -- Chairman Gonzalez: We're going to do that afterwards. Ms. Chiaro: -- read the procedure to the -- have you sworn them in? Chairman Gonzalez: No. We're going to -- Vice Chairman Sanchez: No. Chairman Gonzalez: -- do that, but I want you to read the procedures first. "[Later...]" Chairman Gonzalez: All right. As established in every meeting, attorneys will have equal amount of time. Attorneys on the -- representing the developers and the attorneys representing any opposition to the items will have equal amount of time. General public will be allowed two minutes to speak on the item. Yes. Good afternoon. Lucia Dougherty: Good afternoon, Mr. Chairman, members of the Commission. My name is Lucia Dougherty, with offices at 1221 Brickell Avenue, here today on behalf of the owners and the applicant, and joining me this afternoon is Miguel Angel Barbagallo, who is the principal, as well as his colleagues, Alan Lester and Gonzalo Negrete, as well as our architect, Robert Behar and Iris Escarra from my office. This is a Major Use Special Permit for a mixed -use project on 22nd Avenue between Southwest 5th Streets [sic] and 6th Streets [sic]. It is the fourth project in this neighborhood that this developer has actually begun. Altos de Miami is actually -- has a CO (Certificate of Occupancy); Altos Plaza, which is the one that was approved about nine months ago that it will have the Publix on the ground floor, is in its building permit stage. This is Altos Pointe, and of course, Terrazas on the River [sic] you know about, but this is a first project that has been proposed since you passed the SD-26 that was recommended by the Planning Board and passed by the City Commission. What I've passed out to you this afternoon was actually the planning study that initiated this SD-26, and the planning study was actually initiated or engaged by my client with the architect and proposed to the City. The purpose of the planning study is to ensure that the rest of the development on 22ndAvenue is developed with the same pedestrian friendly criteria that this project has. For example -- and urban characteristics -- we have larger sidewalks, and those sidewalks are actually part of our private property. In other words, we're taking part of our private property to make larger sidewalks for a more pedestrian and urban environment, so that's part of SD-26 that we had proposed to the City and you passed. We would like this as a place where people can not only work, but live and have recreation. It is market rate housing, but not for the super rich. They're starting between 240,000 up to $350, 000 per unit, and we find that there is a badly needed niche for this market rate, and so our other projects have been very successful at that rate. We have 163 units that we're proposing, whereas 197 units are permitted. It exceeds the open space. We have internal loaders -- loading, liner units. Our architect's not here, so I'm going to fry to do this. Again, this is the elevation on 22nd. You can see the retail on the ground floor, and the return -- I mean, the other elevation on -- behind is actually facing an R-3 neighborhood. In other words, this is C-1 that we have here with an SD-26 overlay, and behind us is an actual R-3 neighborhood with a 50-foot height limitation. What we have done is we have an internal circulation for our driveway, so the -- we -- what we've done is we've taken the towers and we've pushed them as far away from the neighborhood as we can and more on the street. We have the on -street presence, which is what the City has always liked us to do, and we have the internal loading, so you enter in one in the C-1 district, and not in the residential areas. You have internal driveways and internal loading, and the liner units actually come around the sides of the City ofMiami Page 63 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 building so that you cover the parking entirely. Robert's here, OK Commissioner Sarnoff That was a great passing of the baton. That was flawless. Robert Behar: She did good. Commissioner Sarnoff That was flawless. Mr. Behar: She's excellent. Robert Behar, Behar Font & Partners, 4533 Ponce De Leon. As Lucia stated, the -- all the loading, everything's internalized, all the entrance to the parking, it's also through the -- internally. What you see -- and you go up the building, you have the liner units that cover the whole facade on 22nd Avenue, and also returns on both 5th and 6th Streets. What we do is the pedestal, we go up to the fourth level -- the third level, I'm sorry, and then we step it back, so we provide a additional setback and we do that again for the fifth floor where the rec (recreation) level starts. We have an additional setback to push the mass to back and then keep the front more of a scale to 22nd Avenue. The -- on the fifth floors, when you start at the rec level, and you have the units and the recreation, from there on, the tower is -- continues to the 14th, with the tower being pushed towards the front of the site, keeping away from the adjacent to the property in the back. Building consists of 163 units. We're require 280 parking space; we're providing 217. Ms. Dougherty: That's it. Vice Chairman Sanchez: OK. Chairman Gonzalez: All right. Anyone from the public that wants to speak on this item, please come forward to be recognized. Judith Sandoval: Judy Sandoval, 2536 -- 25th -- 26th Southwest 25th Terrace. It looks so -- it's a very handsome building. I'm always asking the same thing, Marc -- Commissioner Sarnoff No. It's just one -- Ms. Sandoval: -- more trees. I just wonder what is the shade that the pedestrians have to walk along the street under? What provides the shade? Vice Chairman Sanchez: Covered. Mr. Behar: The pedestrian will have at least a eight- to ten foot cantilever section of the building that would provide a shade -- continued shade area overhang throughout the whole street frontage. In addition, you have shade trees. Ms. Sandoval: Shade trees? Mr. Behar: Yes. Ms. Sandoval: OK. Thank you. Mr. Behar: You're welcome. Chairman Gonzalez: Anyone else from the public? Being none, the public hearing is closed; comes back to the Commission. Vice Chairman Sanchez: Mr. Chairman, ifI may. The project is in my district, and I just want to take the opportunity -- as you know, this project has been in the makings for about three City ofMiami Page 64 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 years? Ms. Dougherty: No, not this one. Vice Chairman Sanchez: This was the one that was rezoned -- yes, it has. It's been in a while. Ms. Dougherty: Oh, yes. Oh, yeah. Vice Chairman Sanchez: OK. Ms. Dougherty: Yes, you had another project, Quinta (phonetic) Vice Chairman Sanchez: Right -- Ms. Dougherty: -- De Amante (phonetic), which -- Vice Chairman Sanchez: -- and the issue was, as you're aware, we passed the Specialty Overlay District, which we have a great opportunity, as you drive down 22nd Avenue from Flagler to 8th Street, there's a lot of vacant land there, so it allows you to opportunity to work with the developers and the staff to create what we want to create in our city what you're seeing here today. You're seeing a pedestrian friendly corridor where the street -- the sidewalks are much, much larger, inviting people to walk; the sidewalks are covered, which is very important in our climate here, whether it is very hot or it is raining, and then if you look at the parking also on these projects, as long as the other ones, they're all covered, but the beauty of it is that you're able to connect the four projects that are there, if you look at it, and the planning is so great where, at the end, you're going to have Publix Sabor on 22nd and 1st, where you'll have a big plaza where people -- while they walk through the streets, could go to that plaza, and you know, as they do in certain Publix, when you drive -- you go to Publix, you see people, they go out there and then sort of like hang out at the Publix, so that's why I want to take the opportunity to praise the Administration. I know that the architect also has worked very hard to try to develop - - laid out -- laid down the framework so we're able to create a corridor there on 22nd Avenue that I think we're all going to have very, very proud of not only the City, but the residents who are here supporting the overlay, and there hasn't been any opposition to this because I think we've done it -- the most professional manner as possible, so I want to thank everyone who has worked very hard to get this project done, and if there's no further discussion on it, I am to a point now where I am prepared to make a motion to approve this project. Ms. Dougherty: I just want to make one comment. You did remind me that this was a different applicant and a different -- Vice Chairman Sanchez: Right. Ms. Dougherty: -- architect, and it was called Punta De Amante (phonetic), and they had submitted a covenant that had an old set of plans attached to it, so we're modifying that covenant to include these plans. Vice Chairman Sanchez: This is the project -- maybe some of the Commissioners are aware. Across the street -- they just started to develop, but there was an abandoned project there that was like a pond, and the -- you know, all the residents were calling because they just started the con -- they started to do the project, and I don't know what happened. They stopped and it was full of water, and we did get a lot of complaints as to first being a hazard; a child could fall in and drown, but then, of course, the mosquitoes and all that stuff and finally, someone bought that property and they're develop it; is an as -right, which I'm not very comfortable with the project. I would have liked to see some design review and possibly go through the process, but hopefully, with Miami 21, that'll change, so if there's no further discussion on the item, I would City ofMiami Page 65 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 so move. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: There is a second. Motion -- Commissioner Sarnoff Can I ask one question? What was the reasoning behind reducing the parking? Ms. Dougherty: This is in a community revitalization area, and we didn't reduce it to the level that we could have reduced it, but the point is we want this to be an urban friendly environment. We also want to keep the units down, and what we realize that for every parking space, the cost of the unit goes up by 25, so we've provided more than one for each residential unit. Also, it's a mixed -use project, so there is a efficiency of parking. Chairman Gonzalez: All right. It's a resolution. You move to approve it with conditions, right? Vice Chairman Sanchez: Yes, sir, with the conditions attached. Chairman Gonzalez: With the conditions established. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. PZ -- Ms. Dougherty: Thanks -- Chairman Gonzalez: -- 3. Ms. Dougherty: -- very much. PZ.3 07-00384ec RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE EASEMENTS SOUTH OF NORTHWEST 20TH STREET BETWEEN NORTHWEST 1ST COURT AND NORTHWEST 1ST AVENUE, MIAMI, FLORIDA. 07-00384ec Analysis.PDF 07-00384ec ZB Public Works Analysis.pdf 07-00384ec ZB Zoning Map.pdf 07-00384ec Aerial Map.pdf 07-00384ec Application & Supporting Docs.pdf 07-00384ec ZB 05-21-07 Fact Sheet.pdf 07-00384ec CC Zoning Map.pdf 07-00384ec ZB Reso - OLD.PDF 07-00384ec Public Works Analysis - Second Submittal.pdf 07-00384ec ZB Reso - Modified.pdf 07-00384ec CC Legislation (Version 2).pdf 07-00384ec Exhibit A.pdf 07-00384ec CC Fact Sheet.pdf LOCATION: Approximately South of NW 20th Street Between NW 1st Court City ofMiami Page 66 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 and NW 1st Avenue [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of A-1 Management Corp. FINDINGS: PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on April 5, 2007 by a vote of 6-0. ZONING BOARD: Recommended approval to City Commission on May 21, 2007 by a vote of 9-0. PURPOSE: This will allow a unified development site for the previously approved Avenue One Major Use Special Permit. 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-07-0420 Roberto Lavernia (Chief of Land Development, Planning): PZ.3 is a street closure, vacating and abandoning and discontinue for public use. This is part of the Major Use Special Permit to Avenue One that was already approved by this Commission. Planning Department is recommending approval; Public Works recommending approval; Plat and Street Committee recommend approval, and the Zoning Board recommend approval, 9/0. Thank you. Chairman Gonzalez: Is there anyone here in opposition to PZ.3? All right. Iris Escarra: Good afternoon, ladies and gentlemen, Chairman, members of the Commission. My name is Iris Escarra with offices at 1221 Brickell Avenue. I'm here today on behalf ofA-1 management, and its principal, Victor Labruzzo, along with my colleague, Lucia Dougherty. The item before you today is for the vacation and closure of a platted utility easement. The City ofMiami, Chapter 55, requires that all platted easements, right-of-ways [sic] be vacated by the plat and require a public hearing. The closure involves about approximately 7,487 square feet of a platted utility easement that we will be relocating as part of our project. In addition, I also wanted -- Chairman Gonzalez: I suggest that you -- Ms. Escarra: -- to pro -- Chairman Gonzalez: -- wait a minute so the Commissioner can -- Ms. Escarra: Oh, OK. Sorry Chairman Gonzalez: Go ahead. Ms. Escarra: The utilities will be relocated at the owner's expense and probably will be wrapped around one of the edges of the property in accordance with the MUSP (Major Use Special Permit). I also wanted to provide you an update on the status of the project and where we are and where we're going. You may recall, as part of the MUSP that was approved last fall, that the property is in a brownsfield [sic] area. The State has contributed approximately $500, 000 towards the clean-up. The owner has also paid approximately 300,000 towards the City ofMiami Page 67 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 clean-up, and we're in the fourth quarter reporting period, so we're hoping that after this, we should get the all clear on the site being cleaned up and so forth. We're also moving forward on the project and moving forward on the permitting, and that's why we're here today moving forward on the closure of the easement in order to finalize our plat to be able to obtain the building permit. Commissioner Sarnoff I make a motion, Mr. Chairman, to approve? Chairman Gonzalez: All right. We have a motion -- Vice Chairman Sanchez: Second. Commissioner Regalado: Second. Commissioner Spence -Jones: I'd like to second with discussion. Chairman Gonzalez: -- and we have a second. Discussion. You're recognized, Commissioner Jones [sic]. Commissioner Spence -Jones: Sure, and as we know, this is actually a project that is in Commissioner Sarnoffs disfrict, but very much affects my public in which I serve. I just want to just be very clear on some key issues that before Commissioner Sarnoffjoined us that I really want to make sure that there's a commitment to continue to do some of the original things that -- my concern on the project when I got briefed was that there was some clear things that was going to happen from the community benefits agreement with the local residents in the area, one being Phyllis Wheatley, which is right across the street, which is actually in my disfrict. I really want to make sure that that relationship between those schoolchildren and whatever's happening on that side is happening. I understand that that is happening. The commitment still is there and that has not changed. I just want to be clear on that. The other issue was we talked about the proposed sale of the property. There was some communications or rumors around the fact that this was land -- in the beginning, this was industrial land. Clearly, this was industrial land, and I had issues with converting to making these changes, but again, the only reason why I supported it, it was because I thought that the community was going to be able to benefit from it. I just want to make sure that the rumors of the land being sold for something else is -- that is not the case. Ms. Escarra: IfI may respond? The owners have been seeking joint venture partners to come in, so they have been in the market to find other persons to come in and help finance the project. However, they're not selling it. They just are seeking additional funds, and if you'd like additional clarification -- Commissioner Spence -Jones: No. I can hear it from you. I'm fine. Ms. Escarra: OK Commissioner Spence -Jones: I just want to make sure that that is clear, because we didn't want to change, you know, the zoning of the land only for them to turn around and flip the property and the community not benefit from it, so if you're saying that that is the case, then I just want to make sure that their original commitment remains in place, and that is my reason for supporting it. Ms. Escarra: Thank you. Chairman Gonzalez: All right. We had a motion. We had a second. It's a resolution. All in favor, say "aye." City ofMiami Page 68 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Ms. Escarra: Thank you very much. Chairman Gonzalez: You're welcome. PZ.4 is a second reading. Mr. Lavernia: 4 and 5 were continued. Chairman Gonzalez: Pardon me? Mr. Lavernia: Item 4 and 5 -- oh, I'm sorry, no. Chairman Gonzalez: Oh, yeah, they are. Mr. Lavernia: Yes, they were continued. Chairman Gonzalez: They're continued. You're right. Mr. Lavernia: Have a note in here. Chairman Gonzalez: 4 and 5 are continued. You're right. PZ.4 06-01433zc ORDINANCE Second 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 06-01433zc CC SR Fact Sheet 07-26-07.pdf City ofMiami Page 69 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 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: 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. The applicant has proffered a covenant for these properties. CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to continue item PZ.4 to the Commission meeting currently scheduled for September 27, 2007. PZ.5 06-01433xc 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, SUPPLEMENT 14, TO ALLOW PARKING ON R-3 PROPERTIES WITH SD-12 OVERLAY TO SERVE ADJACENT COMMERCIAL USES, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 6443 BISCAYNE BOULEVARD, 621-625 AND 645 NORTHEAST 64TH TERRACE, MIAMI, FLORIDA. 06-01433xc Analysis.pdf 06-01433xc Zoning Map.pdf 06-01433xc Aerial Map.pdf 06-01433xc Application & Supporting Docs. pdf 06-01433xc Plans (OLD).pdf 06-01433xc ZB Plans.pdf 06-01433xc ZB 10-30-06 Fact Sheet.pdf 06-01433xc ZB 11-13-06 Fact Sheet.pdf 06-01433xc ZB Reso.PDF 06-01433zc Recorded Warranty Deed.pdf 06-01433xc CC Analysis.pdf 06-01433xc CC Zoning Substantial Compliance Plans.pdf 06-01433xc CC Legislation (Version 2).pdf 06-01433xc Exhibit A.pdf 06-01433xc CC Fact Sheet.pdf LOCATION: Approximately 6443 Biscayne Boulevard, 621-625 and 645 NE 64th Terrace [Commissioner Marc Sarnoff - District 2] City ofMiami Page 70 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 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: 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 06-01433zc. PURPOSE: This will allow a multifamily structure with a parking garage. CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to continue item PZ.5 to the Commission meeting currently scheduled for September 27, 2007. PZ.6 04-01269zc 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 "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 04-01269zc CC SR Fact Sheet.pdf LOCATION: Approximately 601, 611, 613 and 615 NE 23rd Street and a Portion of a 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. City ofMiami Page 71 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 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. The applicant has proffered a covenant for these properties. Motion by Commissioner Sarnoff, 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 12932 Chairman Gonzalez: PZ.6. Roberto Lavernia (Chief of Land Development, Planning): PZ.6 is a zoning change for properties at 601, 611, 613, 615 Northeast 23rd Street. Chairman Gonzalez: It's a second reading. Mr. Lavernia: It's a second reading. It was presented at first reading, and the applicant proffer a covenant for these properties. Chairman Gonzalez: All right. Is there any opposition to PZ.6? All right. Commissioner Sarnoff Let me make a motion -- Chairman Gonzalez: Go ahead. Commissioner Sarnoff -- to approve. Well, do you want to present? I'll make a motion to approve. Commissioner Regalado: Second. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have a second on PZ.6. It's an ordinance. Madam City Attorney. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. Ben Fernandez: Thank you very much. Chairman Gonzalez: I asked if there was any opposition to the item, but I didn't open it to the public, so let me open it to the public. Anyone from the public that wants to speak on this item? All right, seeing none, public hearing is closed. City ofMiami Page 72 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 PZ.7 07-00216Iu 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 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. 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 (Version 2).pdf 07-002161u 07-00216zc CC Exhibit A.pdf 07-002161u CC FR Fact Sheet.pdf 07-002161u CC SR 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. 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 ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12933 Chairman Gonzalez: PZ.7 -- Roberto Lavernia (Chief of Land Development, Planning): PZ.7 and -- Chairman Gonzalez: -- and PZ.8 -- City ofMiami Page 73 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Mr. Lavernia: -- PZ.8 are -- Chairman Gonzalez: -- is a companion -- Mr. Lavernia: -- companion items. Chairman Gonzalez: -- and they're a second reading, both of them, right? Mr. Lavernia: Both second reading, land use and zoning change. It was passed on first reading on May 24. Chairman Gonzalez: All right. Go ahead, please. Vicky Garcia -Toledo: Good afternoon. Vicky Garcia -Toledo with the law firm ofBilzen Sumberg, appearing on behalf of the Miami Jewish Home and Hospital for the Aged, also known as Douglas Gardens. This matter is coming before you in second reading. It constitutes a land use and zoning change application. We are prepared to do a full presentation, if you so wish, Mr. Chairman, or whatever the pleasure is. Chairman Gonzalez: It's up to the district Commissioner. Commissioner Spence -Jones: I mean, do we have any opposition on the --? Chairman Gonzalez: No opposition on the item. Ms. Garcia -Toledo: No, ma'am, not to my knowledge. Commissioner Spence -Jones: I mean, I have no issue with supporting the Miami Jewish Home at all. Chairman Gonzalez: All right, so -- Vice Chairman Sanchez: Second. Chairman Gonzalez: -- all right. Commissioner Spence -Jones: I'd like to move it. Chairman Gonzalez: This is a public hearing. Anyone from the public that wants to speak on this item, please come forward. Seeing none, hearing none, public hearing is closed. We have a Commissioner Spence -Jones: I'd like to move this item. Chairman Gonzalez: -- motion. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a second. It's an ordinance. Madam City Attorney. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. City ofMiami Page 74 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. PZ.8 07-00216zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 16, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, 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. 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 07-00216zc CC SR 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 ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 75 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 12934 Chairman Gonzalez: All right, PZ.8 is a companion item. Anyone from the public that wants to speak on PZ.8, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. Commissioner Spence -Jones: I'd like to move this item. Chairman Gonzalez: We have a motion. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a second. It's also an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. PZ.9 07-00576zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 609, SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT, IN ORDER TO MODIFY USE REGULATIONS TO ALLOW FOR VETERINARY OFFICES IN THE "SD-9" BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-00576zt- PAB SD-9 Zoning Text Amendment -Veterinary office Supporting Doc..pdf 07-00576zt PAB Reso.PDF 07-00576zt CC Legislation (Version 2).pdf 07-00576zt 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 City Commission on May 16, 2007 by a vote of 8-0. PURPOSE: This will allow veterinary offices in the SD-9 Biscayne Boulevard North Overlay District. 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 City ofMiami Page 76 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Direction by Commissioner Sarnoff to the City Manager to draft legislation that would allow dentists and medical practitioners to function in the SD-9 Biscayne Boulevard North Overlay District. Chairman Gonzalez: PZ.9. Vicky Garcia -Toledo: Thank you. Lourdes Slazyk (Administrator): For the record, Lourdes Slazyk, Zoning. PZ.9 is an amendment to the zoning ordinance in order to allow for veterinary offices in the SD-9 Biscayne Boulevard overlay district. It's been recommended for approval by the Planning Advisory Board by a vote of 8/0, also recommended approval by the Administration. This would allow the veterinary offices by Class II Special Permit. Currently, SD-9 is an overlay on C-1 and 0 districts on the boulevard. 0 does not allow veterinary clinics and C-1 requires a special exception. What this is doing is recognizing that it's a necessary service and allowing them by Class II Special Permit. Chairman Gonzalez: Yes, sir. Ben Fernandez: Good afternoon, Mr. Chair, members of the board. I'll be brief. We're here in support of this amendment. My name is Ben Fernandez. I'm here on behalf of Dr. Andrea Trowers. Dr. Trowers is a board certified dermatologist and a voluntary faculty member at the University ofMiami. She's owned her home in Belle Meade for the past five years, and her practice has been located at 10800 Biscayne Boulevard for the past three years. We're here in support of the ordinance, but we believe that the ordinance should provide greater retail and service variety than it does presently, and we think that you should revisit the ordinance in order to look at the restrictions that are currently in place on medical offices and clinics in the area. Dr. Trowers operates a medi spa. A medi spa is a physician -directed personal enhancement treatment center that combines spa services with medical aesthetic treatments. It's one of the fastest growing service industries in our state. According to Business Trend Magazine, it is the - - the demographics of our state have made it the second biggest spa market in the country after California. We have met with the MiMo (Miami Modern) Biscayne Association with respect to Dr. Trowers plans to open up a medi spa along Biscayne Boulevard. They are entirely supportive of the application, but in order to do this to bring these kinds of neighborhood serving - - services to the Upper Eastside, we need this amendment to be a little bit more inclusive. There's a provision in the Code now that prohibits all medical offices and dentists from SD-9. Now, it's our position that you have the opportunity here to clarify that prohibition to exclude dermatologists. I don't believe that the dermatologists were the type of medical practice that was intended to be excluded at the time that this prohibition was drafted for SD-9, so I think that you have an opportunity to simply clarify this legislation and add an exclusion for dermatologists. Spas are already permitted within SD-9, and the medi spa really only incorporates a dermatologist as an ancillary use to the spa, so we think that simply by adding in the text of the ordinance an exception for dermatologist would allow Dr. Trowers to proceed. We don't think that that needs to be readvertized to the public because the prohibition is specific to medical offices and dental clinics, and dermatologists are neither of those, so we think -- dermatologists aren't really described anywhere in the Zoning ordinance, to my knowledge, so I think that there's an ability to do that. In the event that that's problematic to the Board, we would ask that you instruct staff to revisit SD-9 and to adopt legislation that would allow this fast-growing type of use in the Upper Eastside. Thank you. Commissioner Spence -Jones: Mr. Chairman, I just have a quick question. I'm sorry. You finished? Mr. Fernandez: That's it. I'm finished. We're here to answer any questions. This is Dr. Trowers, and she'd be happy to address the Board. City ofMiami Page 77 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: Can I ask a question? Chairman Gonzalez: Yes. Commissioner Spence -Jones: I just want to ask a question in general. Lourdes, I'm sure this is not Ben's first time. Is this -- have you brought this up to staff at all? Mr. Fernandez: Yes, we have, and the problem is that because Miami 21 has been, you know, on the table for so much time now -- Miami 21 will actually address this and will allow this type of use as a permitted use in Biscayne Boulevard, and that's one of the things that I think, you know, excited Dr. Trowers and got her interested in the area. However, you know, we've been waiting for that some time. It doesn't seem to be coming to fruition any time soon, and so we saw that this ordinance allowing veterinary clinics in the area is being adopted, and we thought that this is an opportunity to really clean up SD-9, at least for the near future. Commissioner Spence -Jones: So I just want to ask, so Lourdes, when that was brought to your attention, your response was we'll deal with it, with Miami 21? Ms. Slazyk: Well, it is an included use in Miami 21. Commissioner Spence -Jones: Yeah. I'm saying is -- that was your response to him then? Ms. Slazyk: Yes, and I also just by way of history, the prohibition on the medical and dental clinics in SD-9 was actually initiated by the community because clinics can get quite large and they become regional in nature. It increases, you know, traffic and all sorts of other issues that come with clinics. We actually tried an amendment to SD-9 for a while to allow medical and dental clinics of a smaller size on the boulevard to make sure that they weren't regional in nature, but there was still a fairly intrusive one that was that was able to open on the boulevard, so the prohibition was put back in, and since Miami 21 is dealing with it fi^om a more holistic standpoint, we did not do that amendment at this time, but the Commission can very well direct it. I don't believe you can do that here on the floor now. I believe that's a substantive change to this ordinance because this ordinance did not include in the title any other medical, and a dermatologist does fall into our definition of medical. It is -- it's a certified doctor, so -- Commissioner Spence -Jones: I just wanted to ask the question, and -- Ms. Slazyk: Right. Commissioner Spence -Jones: -- I'm going to turn it over to the district Commissioner -- Ms. Slazyk: Right. Commissioner Spence -Jones: -- because it's actually in his area. Ms. Slazyk: Those were the reasons. I wanted you to know the reasons. Commissioner Spence -Jones: I just didn't know why -- Ms. Slazyk: Yeah. Commissioner Spence -Jones: -- there was no communication, but I'm going to turn it over to -- Ms. Slazyk: There was, but that is something that to reopen that door when it's already being City ofMiami Page 78 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 addressed in another form was just something that the Administration opted not to do. Commissioner Spence -Jones: OK. Commissioner Sarnoff Mr. Chairman, so we're here today on horses -- Ms. Slazyk: Veterinarian clinics. Commissioner Sarnoff -- right? We're here for [sic] day for horses, right? Ms. Slazyk: We're here today what? Commissioner Sarnoff For horses. Ms. Slazyk: For -- Commissioner Sarnoff For vets. Ms. Slazyk: -- animals, yeah. Commissioner Sarnoff OK -- Ms. Slazyk: All animals. It's not just horses. Commissioner Sarnoff -- and -- well, you're right. All right -- Ms. Slazyk: OK. Commissioner Sarnoff -- and now they want to tack on -- let me just get this right -- dentists and doctors are allowed or are not allowed? Ms. Slazyk: They are not allowed. Commissioner Sarnoff Not allowed. Ms. Slazyk: Medical and dental clinics are not allowed, and clinics and offices is the same. Commissioner Sarnoff OK, and you said that Miami 21 would holistically change this. How does it deal with it? Ms. Slazyk: What it does is it's going to, instead of taking -- you know, our current Code has 380 some odd uses. Miami 21 is taking those uses and putting them into broader categories, general office, general commercial. The transects proposed for the boulevard will allow the general office uses, which include medical and dental, but with the other requirements, the form -based requirements, then, you know, those would also apply, so at this point, to do an amendment for something that the community asked not to happen was -- you know, we just opted to do the veterinary. Commissioner Sarnoff I want to -- you know, it's one thing to put pen to paper and make a change and say now all of a sudden it fits in -- it fits a section of town, but what I want to understand is -- you said Miami 21 deals with it. I mean, how physically does it deal with it? I mean, just to say Miami 21 says it can happen -- Ms. Slazyk: Well -- City ofMiami Page 79 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Sarnoff -- doesn't tell me that it can happen on the sfreet. It doesn't tell me that suddenly a sfreet that is eight foot by whatever suddenly changes its character and size. Ms. Slazyk: It's included in the general uses in Miami 21. I'm not really sure how else to answer that because the uses were more generalized -- Commissioner Sarnoff So what was prohibited today will be allowed by Miami 21, despite the fact -- Ms. Slazyk: Same -- Commissioner Sarnoff -- characteristically, the neighborhood stays the same? Ms. Slazyk: Yes. Same with motels. I mean, those are another uses when they were generalized, but to establish a new one, you need to meet the other requirements of the Code, so Commissioner Sarnoff But what are the other requirements? That's my point. Why is it that suddenly this Code won't allow it, Miami 21 will allow it, yet, the physical confines of the neighborhood are the identical neighborhood we're talking about, whether we're using 11000 or whether we're using Miami 21. What physically changes in that neighborhood to suddenly allow it? Ms. Slazyk: It's not a -- I don't think it's a neighborhood physical change. I think it's the physical change of the buildings, but that was the Miami -- Commissioner Sarnoff OK. Ms. Slazyk: -- that was what DPZ (Duany Plater-Zyberk) described to you, and I -- Commissioner Sarnoff But you're saying -- Ms. Slazyk: Yeah. Commissioner Sarnoff -- a new building. Ms. Slazyk: A new building would have -- Commissioner Sarnoff OK. Ms. Slazyk: -- to meet all of those characteristics, yes. Commissioner Sarnoff A new building that has some different characteristics than a rehabilitated building would be allowed under Miami 21 for this use? I got that right? Ms. Slazyk: I'm not sure I understood what you just said. How -- what did that mean? Commissioner Sarnoff Am I not making sense? Is it that bad -- am I that bad? Oh, OK Ms. Slazyk: The use would be permissible. That's the answer, whether it's in a -- Commissioner Sarnoff Period -- Ms. Slazyk: -- new building -- City ofMiami Page 80 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Sarnoff -- whether it's -- Ms. Slazyk: Yeah. Commissioner Sarnoff -- a new building or an old building -- Ms. Slazyk: Yes. Commissioner Sarnoff So then -- and that's my point. I mean, here you are saying in one respect, under 11000, it won't work, but under 21 it will work. Ms. Slazyk: It was always in 11 -- it was the community that requested it to be removed. Commissioner Sarnoff Under the SD -- Ms. Slazyk: Under SD-9, yes. Commissioner Sarnoff -- 9 overlay district? Ms. Slazyk: Yes. Commissioner Sarnoff But that's part of 11000. Ms. Slazyk: Yes, it is -- Commissioner Sarnoff So -- Ms. Slazyk: -- and this Commission adopted that removal, but I just wanted you to know the history, where it came from, the prohibition. Commissioner Sarnoff And Madam City Attorney, is this a substantive change? Maria J. Chiaro (Assistant City Attorney): If you were to make the change requested by Mr. Fernandez -- Commissioner Sarnoff Right. Ms. Chiaro: -- this would not -- you could not pass this on first reading today. Commissioner Sarnoff OK. Ms. Chiaro: It would need to go back to the lower board for approval. Commissioner Sarnoff But what we're asked to do today is to pass a veterinarian as an exception? Well, let me make a motion to move it as advertised. Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. It's an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, Please. City ofMiami Page 81 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Priscilla A. Thompson (City Clerk): Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes, ma'am. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: Yeah. Before voting yes, what you're saying is that this will allow veterinarian clinics, but they won't allow dentists and doctors? Ms. Slazyk: No. Commissioner Spence -Jones: Well -- Chairman Gonzalez: Not for human beings; just for the animals. Ms. Slazyk: Correct. Commissioner Spence -Jones: -- but I think that he's saying -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- so that I'm clear just on this particular item, but ifMr. Fernandez wants to have that included, he can go through the process and -- are you -- no? Mr. Fernandez: I believe that staff needs to do that. Ms. Slazyk: We would have -- we would be -- have to be directed. You could direct us to do that. Commissioner Sarnoff All right. Would you -- Ms. Slazyk: Yes. Commissioner Sarnoff -- from the district Commissioner, would you be directed -- would you please, through the City Manager, be directed to start drafting legislation that allows human beings about the same rights as horses? Ms. Slazyk: Absolutely. Commissioner Spence -Jones: Thank you. Mr. Fernandez: Thank you very much. City ofMiami Page 82 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Chairman Gonzalez: Yes, ma'am. Ms. Thompson: OK, so that means it's been passed on first reading -- Chairman Gonzalez: On first reading. Ms. Thompson: -- 5/0. PZ.10 07-00751zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 10, SECTION 10.5.2, IN ORDER TO MODIFY SIGN REGULATIONS FOR "PR" PARKS AND RECREATION DISTRICTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-00751zt Legislation SUB.pdf 07-00751zt-PAB Sign Regulation for PR -supporting documentation.pdf 07-00751zt PAB Reso.pdf 07-00751zt CC FR 07-26-07 Fact Sheet.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 20, 2007 by a vote of 7-0. PURPOSE: This will modify sign regulations for the PR Parks and Recreation Districts. CONTINUED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Sarnoff, and was passed unanimously, to continue item PZ.10 to the Commission meeting currently scheduled for September 27, 2007. Chairman Gonzalez: PZ.10. Lourdes Slazyk (Zoning Administrator): PZ.10 is an amendment to the sign ordinance for the PR, Parks and Recreation, category. This is in order to allow regional parks to include signs that have a 25 percent commercial sponsorship message. This is a request that came to us from the Bayfront Trust. This is something that would allow for funding sources. The sign would have to include less -- 25 percent or less of the commercial sponsorship. The commercial sponsorship message cannot be alone without it being integrated into a regional park sign. Maria J. Chiaro (Assistant City Attorney): What you are -- Chairman Gonzalez: All right. Ms. Chiaro: -- receiving is a typographical connect -- correction on page 2. Ms. Slazyk: There's a typo on -- Ms. Chiaro: Yes. City ofMiami Page 83 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Ms. Slazyk: -- page 2. It says, in addition, regional parks shall also be allowed commercial sponsorship messages not to exceed -- the word say 50 percent, but the number say 25 percent. It was intended to be 25 percent, so we're clarifying that for the record. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: All right. Anyone? Commissioner Regalado: Question. What is a regional park? Ms. Slazyk: There is classifications for regional parks. I believe maybe someone from Parks or -- would be able to answer that question. There are -- Commissioner Regalado: How much regional parks -- Commissioner Spence -Jones: Regional park -- Commissioner Regalado: -- we have in the City ofMiami? Ms. Slazyk: I don't know the number. I know Virginia Key is. I know that -- Vice Chairman Sanchez: Bayfront Park. Ms. Slazyk: -- Bayfront is, Bicentennial is. Commissioner Spence -Jones: Is Little Haiti one? Ms. Slazyk: I'm not sure. Commissioner Spence -Jones: Grapeland? Ms. Slazyk: I'm not sure. Chairman Gonzalez: Eventually -- Commissioner Regalado: How 'bout [sic] Robert King High? Commissioner Spence -Jones: It should be, right? Chairman Gonzalez: -- Grapeland is going to be one. Commissioner Regalado: Yeah. How 'bout [sic] Robert King High, which is a park that is being used for multiple state and county uses? Ms. Slazyk: I do not have the list of regional parks with me. I was hoping someone from Parks would be able to respond. Commissioner Regalado: No. Who -- Commissioner Spence -Jones: Mr. Manager, is somebody here from Parks? Commissioner Regalado: -- says -- Ms. Slazyk: He's coming. City ofMiami Page 84 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Regalado: -- what's a regional park? Ms. Slazyk: That -- I know that within the Parks Department, they have classifications for the Parks, and like I said, I don't have the list with me, and Parks Department should be here in a moment to answer that. Vice Chairman Sanchez: Well, somebody'll come out here and clearly identify and describe what is a regional park. Commissioner Regalado: And another question. Mr. Manager, a question. If you have an advertising on a park, would -- that money will be allocated only for that park or for the whole Parks Department? Pedro G. Hernandez (City Manager): In my opinion, it should go to all parks. Parks, in general. Commissioner Regalado: OK. Chairman Gonzalez: Yeah, but that -- I guess that's not an answer. Commissioner Regalado: But -- Chairman Gonzalez: In my opinion, it should be, but is it or it's not? Commissioner Spence -Jones: So it should just be for all parks. Commissioner Sarnoff What does it read? What -- Mr. Hernandez: Parks. Commissioner Spence -Jones: 'Cause Curtis Park will be considered a regional park because the high school football games play -- that's a regional park. That's in your district. Commissioner Regalado: Well, the Orange Bowl is a regional park -- Commissioner Spence -Jones: Yeah. Commissioner Regalado: -- and Watson Island is a regional park. Remember? Commissioner Sanchez designated an area of Watson Island close to the Children's Museum as a park, so that's a regional park. Chairman Gonzalez: And eventually, when we open up the water park -- Commissioner Regalado: It will be a regional park. Chairman Gonzalez: -- it's going to be a regional park. Commissioner Regalado: It will be a regional park. Vice Chairman Sanchez: Is there anyone from the Parks Department that could answer this -- Chairman Gonzalez: Why don't we defer --? Vice Chairman Sanchez: -- or maybe we could defer this item? City ofMiami Page 85 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Chairman Gonzalez: I guess that we should defer it now because they're not ready. Ms. Slazyk: Yeah, let's -- Vice Chairman Sanchez: All right. Ms. Slazyk: -- continue, and we'll bring it -- Vice Chairman Sanchez: So moved to defer the item. Chairman Gonzalez: All right. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion. Commissioner Spence -Jones: September? Vice Chairman Sanchez: Yeah, but listen, before we do that, can we get some of these answers -- questions answered? You know, sit down with the Commissioners and let's clearly define what's a regional park. Let's clearly define what are we going to do. Is itgoing to go towards all the parks? Is itgoing to go to specific parks, or however you want to handle this so we don't --? All right. There's a motion to defer -- Chairman Gonzalez: We have a motion -- Vice Chairman Sanchez: -- Mr. Chair. Chairman Gonzalez: -- to defer. Is there a second? Commissioner Sarnoff Second. Chairman Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. PZ.11 07-00535mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE ONE BAYFRONT PLAZA PROJECT TO BE LOCATED AT APPROXIMATELY 100 SOUTH BISCAYNE BOULEVARD, A.K.A. 350 SOUTHEAST 1ST STREET, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 1,049-FOOT, 70-STORY HIGH MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 850 TOTAL HOTEL ROOMS WITH RECREATIONAL AMENITIES; APPROXIMATELY 535,960 SQUARE FEET FOR HOTEL USE; APPROXIMATELY 112,000 SQUARE FEET OF RETAIL FLOOR SPACE; APPROXIMATELY 120,000 SQUARE FEET OF EXHIBITION/BANQUET FLOOR SPACE; APPROXIMATELY 2,215,000 SQUARE FEET OF OFFICE SPACE; AND APPROXIMATELY 2,563 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO City ofMiami Page 86 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 ("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. City ofMiami Page 87 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 07-00535mu- PAB One Bayfront Plaza Supporting Doc..pdf 07-00535mu PAB Reso.PDF 07-00535mu CC Zoning Map.pdf 07-00535mu CC Aerial Map.pdf 07-00535mu CC Projects in the Vicinity.pdf 07-00535mu CC Miami -Dade Aviation Department Comments.pdf 07-00535mu CC Legislation (Version 2).pdf 07-00535mu Exhibit A.pdf 07-00535mu Exhibit B.pdf 07-00535mu CC Fact Sheet.pdf 07-00535mu Outside Cover.pdf 07-00535mu Inside Covers.pdf 07-00535mu Table of Contents.pdf 07-00535mu Tab A - Application for Major Use Special Permit.pdf 07-00535mu Tab Al - Addendum to Application.pdf 07-00535mu Tab B - Disclosure of Ownership with Supporting Docs.pdf 07-00535mu Tab C - Ownership Affidavit with Supporting Docs.pdf 07-00535mu Tab D - Directory of Project Principals.pdf 07-00535mu Tab E - Ownership List.pdf 07-00535mu Tab F - Legal Description.pdf 07-00535mu Tab G - Project Data Sheet.pdf 07-00535mu Tab H - City of Miami Zoning & Land Use Maps.pdf 07-00535mu Project Description.pdf 07-00535mu Tab 1 - Minority Construction Employment Plan.pdf 07-00535mu Tab 2 - Traffic Impact Analysis.pdf 07-00535mu Tab 3 - Site Utility Study.pdf 07-00535mu Tab 4 - Economic Impact Analysis.pdf 07-00535mu Tab 5 - Survey of Property.pdf 07-00535mu Tab 6 - Drawings Submitted.pdf 07-00535mu Submittal Resume - James Ebert.pdf 07-00535mu Submittal Resume - Letter.pdf 07-00535mu Submittal Photos.pdf 07-00535mu Submittal CD Letter of Intent.pdf 07-00535mu Submittal CD Agreement to Delete Q-0002.pdf 07-00535mu Submittal CD Q.9, Maps.pdf 07-00535mu Submittal CD Q.10, General Project-0005.pdf 07-00535mu Submittal CD Q.11, Revenue Generat-0006.pdf 07-00535mu Submittal CD Q.17, Water Supply.pdf 07-00535mu Submittal CD Q.18, Wastewater Mana-0008.pdf 07-00535mu Submittal CD Q.20, Solid Waste-Haz-0009.pdf 07-00535mu Submittal CD Q.21, Transportation.pdf 07-00535mu Submittal CD Q.22, Air.pdf 07-00535mu Submittal CD Q.23, Hurricane Prepa-000C.pdf 07-00535mu Submittal CD Q.25, Police and Fire-000D.pdf 07-00535mu Submittal CD Q.28, Health Care.pdf 07-00535mu Submittal CD Q.32, Attractions and-000F.pdf 07-00535mu Submittal CD Q.34, Industrial Plan-0010.pdf 07-00535mu Submittal CD Q. 1 - 8, Application-0011.pdf 07-00535mu Submittal CD Table of Contents.pdf LOCATION: Approximately 100 South Biscayne Boulevard, A.K.A. 350 SE 1st Street [Commissioner Marc Sarnoff - District 2] City ofMiami Page 88 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Northwestern Capital Corporation FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on May 16, 2007 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow the development of the One Bayfront Plaza project. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0421 Chairman Gonzalez: All right. PZ.11. Roberto Lavernia (Chief of Land Development, Planning): PZ.11 is a Major Use Special Permit for One Bayfront Plaza, located at 100 South Biscayne Boulevard, A.K.A. (Also Known As) 350 Southeast 1st Street, Miami, Florida. It's going to be 1, 049 foot, 7 [sic] story high mixed -use structure, 850 total hotel rooms with recreation amenities; approximately 2,563 parking spaces. The Planning Department recommendation is approval with conditions, and was recommended for approval by the Planning Advisory Board. The recommendation of the Planning Department, as usual, is approval with the condition 11 that I'm going to read for the record. Chairman Gonzalez: All right. Mr. Lavernia: Pursuant to design related comments received by the Planning director, the applicant shall meet the following conditions: (a) the ground floor along Biscayne Boulevard shall incorporate street side cafe to activate the proposed plaza and its seating; (b) the proposed -- the project should take advantage of the Metromover station. In addition, the applicant shall reduce the verticality of the parking garage by exploring the possibilities of providing underground parking, off -site parking, or robotic parking; (c) the project as presented exceed the current maximum allowed height of the Miami -Dade Aviation Department of 949 feet. If prior to the issuance of a building permit for One Bayfront Plaza, Miami -Dade County adopts a new ordinance which allows for greater height --1, 049, which is proposed, then this project might -- may be built by the highest approved height by said ordinance; (d) the proposed pedestrian bridge is denied. Pedestrians should access the building from the street/public right-of-way; (e) the consfruction contract must contain a provision of no traffic interruption during peak hours, 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m. Thank you. Chairman Gonzalez: Good afternoon. Hello. Vicky Garcia -Toledo: Good afternoon. Vicky Garcia -Toledo from the law firm ofBilzen Sumberg. IfI may just take one moment. Mr. Hollo could not be here today, and he regrets not being able to be here today. Unfortunately, he had scheduled surgery some time ago, but he has prepared a letter, and his son, Jerome Hollo, is here to read it, if you would allow as a courtesy. Thank you. Jerome Hollo: Thank you. I'm going to start off with some remarks of my own. Mr. Chairman - City ofMiami Page 89 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Vice Chairman Sanchez: Name. Mr. Hollo: -- Commissioners -- Vice Chairman Sanchez: Name. Mr. Hollo: -- my name is Jerome Hollo. My offices are located at 100 South Biscayne Boulevard, Miami, and I stand before you as a representative of Florida East Coast Realty, the developer of the One Bayfront Plaza. As many of you know, my father has championed the cause of urbanism for over 50 years in the City ofMiami. His foresight and belief in Miami has led him to construct urban structures in areas that were once deemed blighted but now are locations of the new Performing Art Center and one of the finest hospital districts in the country. It is only now that people have begun to realize that such urbanism is a means to contain suburban scrawl which threatens our natural resources, and can have the added benefit of removing people from their cars all because they're able to live, play, and work in the City ofMiami. As a natural progression to my father's labors in the City, we created this signature building for Miami, a city that is emerging as one of the greatest cities in the world, located in the epic center of the Miami's urban core, One Bayfront Plaza has planned not to address the needs of the City today, but the City gill/Pamirs needs for its foreseeable future. All we need to do is look outside these chambers to see that the latest boom the City has experienced created ample residences to allow for the residential growth of the City's urban core for years to come. What has not been addressed until now is a signature structure that will attract corporate citizens who will invest in Miami, the same tenant that the City has been losing to our neighbors for years. We've designed One Bayfront Plaza with the input of Fortune 500 companies who've expressed their needs and wants. The office component will provide for floor plates of approximately 35,000 square feet;; now a standard for Fortune 500 companies, but unmet in Miami until this project. The hotel component, with its exhibition space and meeting rooms, is positioned for the business traveler, which is yet to be addressed by the many five-star hotels that have been built here in recent years. Finally, the retail component will service those office and hotel users, thereby removing the need for those who stay and work in the City to leave the City. I would like to conclude by reading a letter my father prepared. As he has done so for the last 50 years, he would have addressed himself here today, but unfortunately, could not be here at this time, so if you would indulge me? Esteemed Mayor and Commissioners, your dedication to and caring for our city is exemplary, and we see the results of your efforts in how the City ofMiami is prospering in meeting the challenges of the future. Although it has always been my privilege to come before you honorable board with our concepts and projects, it is now with great regret that I'm unable to be here today, since, for quite some time, I have had a major surgery scheduled for this week. Miami, through the efforts offine architects and with the help of good developers, has a great number of very beautiful edifices, but we do not have one very important element that most global cities have, and that is a signature building. New York has its Empire State Building; Chicago has the Sears Tower, and San Francisco is well represented by the Golden Gate Bridge, yet we do not have such a landmark in Miami. I have labored here for over 50 years, and I have raised my family here. Now, as a legacy, I would like to give back to Miami by producing a signature building that will represent our City globally. It is hard and arduous undertaking and one that calls to task anyone's financial capacity. Yet, we all feel Miami deserves it, and I'm ready to pursue its challenge. We have designed the building, not only as a sculpture -like edifice reigning over the Miami skyline, but one that will be endowed with all the technical advances of today and tomorrow as well. We have made sure that all building systems are state of the art and that our parking and traffic systems work well not only within the building envelope, but also with the surrounding streets, creating the least possible impact. To do all this, we have to look into the future because, after all, we first assemble a consulting team. The architects and engineers begin to put together the final drawings, and the City ofMiami Building Department must have time to review 8,000 sheets of building drawings and then we build the edifice. This City ofMiami Page 90 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 will put us on stream in 2015, some eight years from now. By that time, we expect to have 25,000 residents in a downtown that will be throbbing 24/7. Half of these people will live within walking distance of our building, and the other half an easy People Mover right away with the main downtown People Mover station right under our building. With expect at least 60 percent of the working population of our office building, retail component, and hotel to be comprised of residents of neighboring downtown buildings. We have, however, still provided the number of parking spaces that would normally be required by today's standards for such a building. Normally, downtown buildings provide one enfrance and one exit to the parking garage, and have an open loading dock to the street for garbage and deliveries. That was the eyesore of the downtown of yesterday. In recognition of this, instead of having one garage enfrance and exit, we've provided four entrances and exits from two different streets, and to absorb any stacking effect, we have a great amount of storage within the building to accommodate cars as they enter our property. Of course, we're using the most advanced state-of-the-art card entry systems that work similarly to that of SunPass. Instead of trying to swipe a card with your left hand hanging out of your car, you just drive through with your magnetic emblem. This would eliminate an average of 37 seconds per vehicle entry. Instead of gaping loading dock fronting the street, we've created a loading corp within the building to get rid of the unsightliness and odor of such - - areas cause. We are all -- we also realize that the downtown of 2015 will generally have far fewer vehicular frips to and from the building than was the case yesterday or today, due largely to the influx of the residential population. Each resident would eliminate at least two trips in and out of the downtown building daily. Your time is too valuable for me to enumerate all the futuristic amenities with which the building will be endowed. I just wanted to point out some of the improvements we're imploring to meet the challenges of tomorrow and heed the mandate to create a green building with all appropriate upper (UNINTELLIGIBLE). We have worked closely and diligently with the City staff on most of these items to ensure that the fraffic pattern will have a minimum impact on neighboring buildings. Besides the four multiple -lane access points we provided on two different streets as our entrances and exits, we've created extra wide interior drop-off lanes. In addition, there will be a fifth point on a third street -- on a third side of the building. This was designed to take a separate care of the hotel enfrance. In this regard, we hereby thank the City staff for their fraffic sufficiency study and recommendations. We are all very grateful to you for your consideration in this matter, and we respectfully request that you grant us approval on this most worthwhile addition to our downtown. Most sincerely, Tibor Hollo. Thank you for letting me read this to you. Chairman Gonzalez: Thank you. Ms. Garcia -Toledo: Commissioners, I think you've heard that this is an exciting new project in the heart of downtown, and what I would like is to bring forward our development team, starting with Mr. Ignacio Permuy, who is the architect on this project, to give you a very quick synopsis of the project. He will be followed by the -- Mr. Guillermo Olmedillo, who is our expert on land use and zoning, and will be speaking to you as to the compliance of this building with your current Code; followed by the traffic consultant, the economic impact consultant -- I'm sorry. After fraffic, we will have our parking consultant because the parking in this building is something like you've never seen before, and I think you will be very impressed, Mr. Jim Ebert, and followed by Tom Schlosser, and then I will close. Ignacio Permuy: Good afternoon, Commissioners. Ignacio Permuy, president Terra Architecture, 232 Andalusia, Coral Gables. Today we come here to present to you Miami's trophy building. In one of the City's most premiere and desired locations bounded by Biscayne Boulevard and Northeast 3rd Avenue, Southeast 1st and 2nd Streets overlooking Biscayne Bay and Bayfront Park in one end and nearing I-95, both enfrance and exit ramps. OK. Mr. Hollo was actually educated as an architect with fifty plus years experience in development, came during the very early stages of the project with a very precise and detailed program. He even actually had a rough diagram of the -- both towers and their orientations; the office tower, the main entrance, respecting Bayfront Park and the bay beyond, and the hotel tower, with its City ofMiami Page 91 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 east -west orientation, maximizing the office westerly views, in addition to optimizing the bay views from the east and south elevations and city views from the north and west elevations. Mr. Hollo's office has an incredible panoramic view of the bay, the cruise ships, sailboats, islands, and the beach beyond. It was only fitting that for this project, we had an idea with a theme of a nautical concept. Imagine, if you will, a beautiful, bright, sunny, windy, South Florida day with prevailing winds from the east, from the bay. The office tower, imagine a main sail being embedded in a concave fashion into the building created -- creating its main elevation. Additionally, picture a smaller sail embedding itself in a convex form, creating both its entrance and its atrium, with the height of the atrium signaling for the pedestal's height beyond. For the upper section of the tower, imagine a slicing of all corners in a cone -like -- inverted, cone -like fashion, which, in section, resembles a sail. Similarly, the -- all corners on the lower half also with a similar slicing. For the west -- Ms. Garcia -Toledo: Thank you, Ignacio. Guillermo Olmedillo: Good afternoon, Mr. Chairman, members of the Commission. Guillermo Olmedillo, 1450MadrugaAvenue, suite 203, Coral Gables, Florida. I was asked to review the application, the Major Use Special Permit, and make reference to not only the Comprehensive Plan, Chapter 163, and Chapters [sic] 380 of the Florida Legislature. The Legislature made great emphasis in creating the opportunities for growth and concentration of activities, intensity and density in the downtown areas. The Comprehensive Plan, the Miami Comprehensive Neighborhood Plan established the CBD (Central Business District) area very well defined, and following the Florida Legislature's desire and direction, you can see that Chapter 163.2511, the Legislature spoke very clearly about downtown areas. It says, in recognition of the interwoven destiny between the urban center, the suburbs, and the state, the respected governments need to establish a framework and work with communities and the private sector to revitalize urban centers. They saw it as a very close linkage between creating a vital downtown and supporting suburbs. Also, under Section E, successfully revitalizing and sustaining the urban core is dependent on addressing integrated and coordinated community effort to have that development in downtown. Not only the Legislature created that vehicle and mandated the state -- the regions and the communities to follow that mandate and that -- they also created the DRIs, the Development of Regional Impacts, which establish a mechanism by which when you have development which have impacts, regional impacts, are reviewed under close scrutiny by not only the State, but all its agencies and local and county agencies. In it the DRI establishes that the review has to measure the extent to which the development would create or alleviate environmental problems, such as air, water, pollution, and noise; the amount of pedestrian and vehicular fraffic likely to be generated, the number of persons likely to be residents, employees, or otherwise present, the size of the site to be occupied, the likelihood that additional and subsidiary development will be generated, the extent to which the development will create an additional demand for or additional use of energy, including the energy requirements of subsidiary developments, the unique qualities of particular areas of the state, so during the DRI process -- and you're familiar with it -- I had to suffer through the first area -wide downtown DRI with the State, and it took several months for the City to be able to establish the parameters for development amount, density, and intensity of development for downtown, the fraffic patterns, and all the impacts that had to be addressed, and that is -- created a preservation of development rights in the downtown area, particularly in the CBD area. Also, you have in your Comprehensive Plan, you have recognized the necessity to have a vital downtown. You have the Urban Central Business District as a designated area, and you also have the CBD designation for the downtown area, so not only is Legislature, but local authority has created a number and has dictated a number of policy statements that indicate downtown as being the area to have high concentration of densities and intensities. The extent of the review that this area went through the DRI process, you -- your staff can attest to it, it's arduous, and it's very, very closely monitored by the State. Also, you have that all the conditions and all the requirements of the Major Use Special Permit both the special permits generally included in Zoning Ordinance 11000 and the Major Special Use Permit, in particular, all the conditions have been met, all the City ofMiami Page 92 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 reports are there, either being addressed through the DRI or being addressed specifically through the application, but as you can see, and your staff will repeat to you, that all the requirements had been met. I've been asked to speak about my ground -- my background. I am a -- presently, I'm an urban and regional land planner in private practice. Before that, I was, for nine years, the Planning and Zoning director for Miami -Dade County. Before that, I served in the City for seven and a half years. I reached the position of deputy director of Planning and Zoning also. Before that, I had experience in Venezuela as a regional planner, director of central planning region in Venezuela. Chairman Gonzalez: All right. Mr. Olmedillo: If you have any questions. Ms. Garcia -Toledo: The traffic consultant, Greg Kyle. Greg Kyle: Good afternoon. Greg Kyle, with Kimley-Horn & Associates, office at 5200 Northwest 33rd Avenue, in Fort Lauderdale, and I'll start off a little bit with my background. I have a master's degree in the field of transportation and about 14 years experience here in South Florida working on transportation -related projects; going to spend a few minutes describing the high level of traffic analysis that has gone into the design of the project. My project will address the -- or I'll address the traffic generation associated with the project, accessibility to the site, the transit service that is available to this project, the transportation control measures plan, or measures that we've taken to reduce the frips associated with the project, the findings of the traffic impact analysis that was performed for the project, and sort of a summary of the overall traffic review process that was undertaken. Starting off with the trip generation associated with the project. In frip generation, we rely upon data that is published by the Institute of Transportation Engineers to predict the amount of traffic that will be generated by a project, and the data that is published by the Transportation -- Institute of Transportation Engineers is largely collected at suburban sites, whereas we hear -- have here a site within the Central Business District. Having relied upon those ITE (Institute of Transportation Engineers) rates, we generally had a overall conservative analysis in our project. We expect really a lot less traffic to be generated than what we've considered within the analysis. For instance, the office building, the ITE rates are based upon suburban office buildings, where there's no option except to drive to the building, whereas this project is located in the heart of the CBD. By the time this project opens in ten years, even more extensive transit will be available than is available today to help reduce the vehicles accessing the site. In terms of the retail component of this site, again the IT (Institute of Transportation) rates are based upon locations in suburban areas where you need to drive to get to the use. The retail associated with this project is not going to be destination retail. It's going to serve local people. Few people are going to drive to this site and access the parking garage to access the retail. Therefore, the retail again was grossly overestimated in our analysis. The exhibition space. Typically, we would just include that as part of the frips associated with the hotel. However, we calculated the frips as a stand-alone use, again, to be conservative within our analysis, and finally, the hotel use. Again, ITE surveys are based upon suburban uses, whereas we have a project here where we have a commitment to have a full-time shuttle between the airport and the site to get people back and forth to the hotel, as well as the future connection to the Miami Intermodal Center with the MIC (Miami Intermodal Center) Earlington Heights Metrorail connection that's currently in the development process. The project will help provide a job housing mix by providing a place to work for the large number of residences that are being developed right now in the downtown as well as a place to walk, to shop. With the build out of the project not expected to occur until about 2015, there's going to be several more transit lines in place, and for all of the above reasons, the trip generation for the project was really approached in a conservative manner. In terms of access to the site. Talk a little bit about access to some of the buildings today, including the existing building on site today. Right now the building that sits there has two access points to the parking garages; one lane in each of those places, and there's no drop-off area, so a lot of the City ofMiami Page 93 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 loading -- takes place within the street. Some of the adjacent streets, such as the Miami Center, the Wachovia Center, again, limited access points; a lot of loading that's occurring within the streets, whereas this project has been designed with five access points; garage entries off both 1st Sfreet and 2nd Street. They were going to have reversible lanes. They're really going to facilitate the flow of traffic in the morning. The entry -- the hotel drop-off separate, segregated -type of use. Additionally, there's going to be a drop-off within the site so that people not wishing to park but just dropping off within the site will be pulling off of the adjacent streets, and finally, as was mentioned earlier, the loading will occur off-street. With all these measures in place, we're actually going to help clean up things compared to the building that's onsite -- on the site today by removing a lot of the deliveries and drop-offs that are currently occurring within the adjacent street. In terms of transit service, this site is -- there's and abundance of transit already in place to serve this site. There's over a hundred routes that currently pass within close proximity within each hour of this site. It includes bus service, the Mefomover, which has a station directly across our street, a sfeetfrom us, which provides access to the Metrorail. Some of the future transit projects that are expected to be in place by the time we open in 2015. The Earlington Heights to MIC, Metrorail Connector. That's going to provide access to Miami Intermodal Center, the airport, also to Tri-Rail with connections into Broward and Palm Beach County; the north corridor extension of the Metrorail with the connection up to the Broward County Line; the east-westMeforail corridor with a connection to the west to the FIU (Florida International University) area. Some additional transit projects: the Miami Streetcar with its connection up to Midtown Miami and the 300 residential units associated with the Midtown project, and finally, the Baylink project, which will provide a fransit connection to Miami Beach. Really, when you talk about transit, this is the kind of density that you want along a transit line to attract transit riders. The next aspects is the Transportation Control Measures Plan, which is a form of what we call Transportation Demand Management, measures that have been committed to to reduce the traffic associated with the project, and we've worked on a number of projects over the last few years within the City, and this project has -- you know, we've spent a lot of time from working as a team to really develop more extensive strategies as a part of this project than any other project we've been involved in. Some of the measures include providing designated bicycle storage areas and shower facilities for the tenants and employees of the building; requiring tenants to subsidize -- people that want to use transit to get to and from the building; providing rent discounts for the tenants to encourage carpooling and fransit ridership; providing a discount on rent to tenants that utilize less than the required parking and charging a premium to tenants who are going to require additional parking; an onsite ride -share coordinator will be provided, and there will be designated preferred parking spaces provided for carpool and vanpool vehicles; a shuttle to and from the airport, and if so desired, we are willing to construct an elevated pedestrian connection to the adjacent Bayfront Park-Mefromover Station. In terms of the traffic impact analysis performed for the project, despite the conservative approach that we took in the fraffic generation, we were shown to satisfy all the City standards when it comes to fraffic, and we have a sufficiency letter from the City's traffic consultant who agreed with our findings, and to wrap it up, in terms of the project review process for fraffic, this project was subject to a higher level of review than a typical MUSP. There was special coordination with the Florida Department of Transportation at the request of City staff and in response to concerns that the City and the DOT (Department of Transportation) raised, the building was redesigned, particularly the entries to the parking garages, to really facilitate the ingress to the building, and our parking consultant will address that in a little bit more detail next. Thank you. Chairman Gonzalez: Thank you. Ms. Garcia -Toledo: Mr. Jim Ebert from Tim Haas. James Ebert: Good afternoon. My name is Jim Ebert. I am executive vice president of Timothy Haas and Associates, an architectural, engineering, and parking consultant firms, with offices in -- on 41 st Sfreet in Doral. Just a bit of background, I'm a licensed engineer in the state of City ofMiami Page 94 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Florida; have been practicing parking consulting for approximately 40 years, and represent the Miami Parking Authority as their designated consultant. It was mentioned that there are many state-of-the-art features in the building, and my presentation is fairly straightforward and statistical. I think, from a traffic standpoint, the trip generations indicated approximately peak hour volumes entering from 2nd Street of 621 vehicles per hour and on 1st Street, 508; that's represented in the traffic study. There will be approximately 300 feet of ramp up to the upper levels of this building from the curb to where you actually reach a transaction point where you have to go through some controlled device. That is more than adequate to handle those volumes. The lanes will be wide enough should a vehicle break down, then another vehicle can pass, and when you reach the top of the ramp for the majority of the parkers, which will be the office tenants, you will have -- it's very similar to a SunPass, but they're manufactured by one of the manufacturers, for example, called TransCore. They're about the size of a credit card, and they don't take a battery. You can program them to let people in at any times, let them out. They have to be used sequentially. For an example, each of these lanes with that type ofAVI (Automatic Vehicle Identification), or the SunPass concept, can handle about one vehicle every five seconds, and that translate to about 720 vehicles per hour, and we would have two lanes like this. Obviously, both of them won't work at that much, but to have a conservative estimate of the second lane at 50 percent capacity, that's a thousand vehicles per hour, and we do this at two spots within the garage, so that is almost twice the actual calculated vehicles that will be entering during the peak times. There's also a valet operation with a pull -off such that the valet drivers would not have to go back out and circulate on the street to get to the -- their designated parking spaces in the garage. This transponder concept is the state-of-the-art now and it's constantly being improved, and it's just the thing of the future. The Miami Parking Authority is going to this type of equipment, rather than like they mentioned, having to roll down your window and swipe a card or pass it by a proximity reader, and I think that that's the catalyst that'll really make this project work from a parking and access standpoint without any back-up on the streets. Ms. Garcia -Toledo: Mr. Tom Schlosser on the economic impact. Thomas Schlosser: My name's Tom Schlosser. I'm with Sharpton, Brunson & Company, at 1 Southeast 3rd Avenue, Miami. I did the economic impact analysis on the building of this building. The total amount of output -- economic output that'll be associated with building of the building is one billion, three hundred and sixty-five million. The wages connected with the building of the building are $508 million, and the employment, while the building is being built, is going to be 2,260 people over 30 months. That -- those are the advantages while the building is under construction. The operational output is going to be $62 million a year, and the wages are going to be $30 million a year, and 570 people will be employed, and the most significant number, I think, on an ongoing basis, there will be tax revenues of $25 million a year. That $25 million for the next 20 years gives a present value of the ad valorem taxes of $312 million. Thank you. Chairman Gonzalez: Thank you. Ms. Garcia -Toledo: Thank you for your patience. I will try to wrap this up very quickly. In an effort to create this signature building for the City ofMiami and to create the heart at the center of downtown, Mr. Hollo has asked me to offer to the City, if the City would be so willing to accept it, the ability to have the City have six events a year and have exhibition space in the building for those six events over a five-year period. This does not include catering, but it does include the ability to have meetings, to create meetings. We feel that a trial period like that will probably evolve into a longer term relationship. The design of this building, especially with this very large open plaza, the ground floor that has cross access between 1st and 2nd Street, would lend itself also to have the opportunity for City functions and activities. I also would like to take a moment to deal with the conditions that staff read. We certainly support the activated ground floor, which was condition A. Condition B, which is the reduction of the parking, or we're even City ofMiami Page 95 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 taking care of the ten percent reduction that a property owner is permitted in downtown in cross proximity to the Metromover, we would hope that you would remove that condition. We feel that downtown, at least for now and certainly in the year 2015, when this building will come online, is going to need all the parking that it can have, especially because there are so many old buildings that were built without parking, and these new buildings will always need to supplant the parking needs, so we would hope that you would remove that condition. We don't -- also do not feel that mechanical lifts are appropriate in an office building. In a housing situation, yes, but not in a housing building, so we would hope you would allow us to keep our parking as it is. The other issue on the height is fine. The other issue is really the pedestrian bridge, and as you know, this location is directly due west across Biscayne Boulevard from an existing Mefomover station. It would costHr. Hollo an additional $10 million to build that bridge, and why we feel it's important? Number one, because FDOT (Florida Department of Transportation) thinks it's very important, and they have encouraged us to make it part of our building. Why we do not agree with your staff? Staff wants an animated downtown, and I can tell you, being in the Wachovia Center across the street, that downtown in this area is very active; it has people on the sidewalks, but it would be very helpful to encourage people to come in the Mefomover, cross on that pedestrian bridge into our building, which, by the way, that connection would be at the third level of our retail space, so they would have the ability to come into this proposed building, and then go down the escalators and go out on the streets and on the sidewalks on downtown, but it would facilitate the movement because the people would not have to -- the red light would not have to be as long to allow individuals to go down from the current station, walk across the street, slowing down the traffic, especially during peak hours, so we certainly are making the offer to build this additional convenience, and it's up to you to let us know if -- your position on that. Having said that, I'd like to recess for now, request time for rebuttal. Chairman Gonzalez: All right. Anyone in the public that wants to speak on this item -- There is opposition. Come on, please. Philip Porta: Hi. My name is Philip Porta. I am the property manager for One Biscayne Tower, which is due north of the proposed project. The reason I am speaking here today instead of counsel is because we just discovered, about twenty minutes ago, that we were conflicted. We received very little notice of this. Quite frankly, the only reason we even found out about it was from an e-mail (electronic) from Tim Keeble, who's the property manager for Wachovia. We're not speaking against the development. To the contrary, what we're looking for is a deferral. We have had not -- we have not had sufficient time to examine the impact of a project of this scale and magnitude, in particular, we're opposed to the configuration of the traffic flows. Currently, One Biscayne Tower and the SunTrust building due west of us have approximately 800 parking spaces in our garage and approximately the same -- is that better? OK -- have about 1,600 vehicles in those garages by virtue of the existing parking spaces there now. As anyone knows that travels on Southeast 1st Avenue, around 5 o'clock, we already have an experience of gridlock. This is today's traffic flows, not those of 2015. We would like to hire our own consultant to take a look, not that we believe that they did not do something correct, but we haven't had an opportunity to take a look at what they're really proposing. They're proposing 2,500 parking spaces, 9 loading bays, of which would be directly across from our parking entrance and our loading docks. There are also directly across the street and then, quite frankly, not having a good chance to review it, looks like it may very be -- very close to the south entrance, one of the main entrances of One Biscayne Tower, so as you can imagine, that will not be a very appetizing view from our lobby out to loading dock or parking garage, and again, I can't really speak to it because I haven't had a real good opportunity to see what the -- they're proposing, and forgive me; I'm reading from my attorney's notes. The existing turning radius for loading doesn't depict the existing bus stop with a two -bus bay. Bus traffic has been diverted from Flagler to 1st Street due to the reconfiguration of traffic patterns in downtown Miami already. It currently violates, as proposed, the policy TR-1.8.1 in the Comprehensive Plan, which calls for provision of an adequate, properly designed, and safe system for controlling vehicular accessibility to major thoroughfares, including adequate storage and turning bays, City ofMiami Page 96 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 spacing and design of median openings and curb cuts, driveway access and spacing, traffic operations, including the provision of turning bays and lay-bys for bus transit Again, we're not asking for this proposal to be denied. We're asking for a deferral till the next meeting because this is, from what I understand, a one hearing. There will not be a second hearing. We're talking about a project that is supposed to start up in 2015. I think a month and a half, two months is not unreasonable to ask at this point. Just listening to their traffic consultant, they were talking about a SunPass system for egress and ingress. Well, we actually tested a similar system as a trial basis for our own garage because we have one lane coming into our garage. When we fried that, we found we had about a four percent read failure rate, which means in a hundred vehicles, four vehicles would not read. If they're talking about 600 new vehicles on either side, let's say, that's 24. That will back up the traffic regardless of how good of a system it is, so it isn't that we're against it again. It's that we would like some more time to review it. Wachovia also wanted to have their representative here, but he was tied up in, I believe, something in Broward County, so -- Miami Center was also trying to have counsel available, but again, with the limited time frame, limited notice -- oh. Chairman Gonzalez: All right. We need you -- Mr. Porta: Nevermind. Chairman Gonzalez: -- to conclude because -- Mr. Porta: OK. Chairman Gonzalez: -- you know -- Mr. Porta: Well, that -- I have basically said all I prepared -- Chairman Gonzalez: You have to say. Mr. Porta: -- for, and I apologize for the somewhat rambling nature of it. Thank you very much Chairman Gonzalez: All right. Mr. Porta: -- for hearing me. Ms. Garcia -Toledo: May I just ask one question, please? Mr. Porta: Sure. Ms. Garcia -Toledo: Cross-examination. Chairman Gonzalez: Yes. Mr. Porta: That's fine. Ms. Garcia -Toledo: Mr. Corta [sic], are you a -- Mr. Porta: Porta. Ms. Garcia -Toledo: -- Porta. Are you a traffic engineer? Mr. Porta: I am not a traffic engineer. City ofMiami Page 97 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Ms. Garcia -Toledo: OK. Are you a parking expert? Mr. Porta: No, I'm not a parking expert. Ms. Garcia -Toledo: Thank you. Mr. Porta: Can I -- Chairman Gonzalez: No. Mr. Porta: -- respond? Chairman Gonzalez: That's it. Mr. Porta: OK. Chairman Gonzalez: That's it. Thank you. Mr. Porta: Thank you. Chairman Gonzalez: Yes. Next. Amy Huber: Good afternoon. Amy Huber, with the law firm of Shubin and Bass, 46 Southwest 1st Street, Third Floor, Miami, Florida. I'm here this afternoon on behalf of Crescent Miami Center, LLC, the owner of 201 South Biscayne Boulevard, the property more commonly known to you as the Miami Center. As you know, crescent's deeply invested in assuring the safe, easy, and efficient ingress and egress to our property. We're in the business of keeping our tenants happy and safe. While I can't speak for the other significant property owners in the area, we believe that this has been a common goal for the Central Business District. For that reason, Crescent has participated for many years in a very significant way towards the resolution of the ongoing fraffic problems within this district. More specifically, Crescent, through Maggie Vassilaros, Miami Center's property manager, and Rafiq Alqasem of PBS&J (Post, Buckley, Schuh & Jernigan), Crescent's independent traffic consultant, who both have appeared before you and the Commission, our members of the Downtown Traffic Liaison Board, and have worked with staff in Mary Conway's office spending countless hours contributing to the resolution of the downtown fraffic problem. You, as the Commission, are the guardians of the safe and efficient flow of both people and vehicles for these properties. The promotion of the safety and efficiency is something that you're charged to do. These are challenges posed by the lay of the land here. We object to this project because we do not believe that it's been demonstrated that the roadway network can absorb the traffic generated by an additional two million square feet of development in the middle of the downtown traffic reconfiguration project. The Miami Center is already experiencing significant impacts from existing and ongoing development in this area, and we're extremely concerned about the impact of approximately 12 to 1,500 additional frips in this area. We've reviewed the URS (United Research Services) report, and we respectfully disagree that the proposed commitments will reduce the vehicular trips and the long vehicular queues anticipated. For example, we do not agree that providing transit information in the lobby or designated bicycle storage areas will adequately address the intolerable and permanent traffic jam that will occur as additional -- as a result of this additional two million square feet. More specifically, on page 4 of your resolution, where it addresses vehicular access and parking, your staff found that this project failed with respect to the design for pedestrian and vehicular safety to minimize conflict points and to minimize the number and width of driveways and curb cuts. Therefore, we would request that you defer a recommendation on this project until you've had more time to ensure that you've adequately addressed all of the potential traffic impacts that this project will have on an already -overstressed area. Thank you. City ofMiami Page 98 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Chairman Gonzalez: Thank you. Commissioner Sarnoff Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Sarnoff Can you stay up there, counsel? Ms. Huber: Sure. Commissioner Sarnoff So this is just too big for you, right? Ms. Huber: No. Commissioner Sarnoff Two million square feet's OK with you? Ms. Huber: Counsel for this -- as counsel for this project, we've been working with the Commission, with Mary Conway's office because of the gridlock. Our concern is with respect to pedestrian safety in the area -- Commissioner Sarnoff Butl heard you say -- Ms. Huber: -- and fraffic. Commissioner Sarnoff -- what heard you say was that two million square feet is just too much an impact -- Ms. Huber: That's not what said. Commissioner Sarnoff -- and that you're -- Ms. Huber: What said is the project is two million square feet, which, based on their parking and fraffic analysis that's been done, will cause about an additional 1,200 trips in this area. Commissioner Sarnoff You said 12 to 1,500 trips. Ms. Huber: Yes. Commissioner Sarnoff So ifI reduce it by a million square feet, would that be acceptable to you? Ms. Huber: We're not looking at the square footage; we're looking at the trips -- Commissioner Sarnoff Well, ifI reduce it -- Ms. Huber: -- and that's what we're concerned about. Commissioner Sarnoff -- wouldn'tI --? So I have to reduce this to get this to how many frips that would be acceptable for you? Ms. Huber: I would have to work with our traffic consultant to determine what that would be. Commissioner Sarnoff But 12 to 1,500 is unacceptable to you? Ms. Huber: We believe that that will cause serious additional stress in this area, and that's City ofMiami Page 99 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 something that we've been working with this Commission and the downtown fraffic community for years. Crescent -- it's not that we're coming to you and we're saying, oh, my gosh, there's so much fraffic and we're con -- this is something we've been doing ongoing for several years, so this isn't the first time -- Commissioner Sarnoff Well -- Ms. Huber: -- that we've been before you. We -- it's not -- Commissioner Sarnoff -- it's the first time you're -- Ms. Huber: -- that we haven't worked with you. Commissioner Sarnoff -- in front of me, so I want to understand. Ms. Huber: Me, personally? Commissioner Sarnoff Right. Ms. Huber: Yes, this is the first time that personally am before you. This is not the first time that Crescent -- Commissioner Sarnoff I understand. Ms. Huber: Typically, it's their property manager and their traffic consultant that's before you. Unfortunately -- Commissioner Sarnoff But just answer -- Ms. Huber: -- they were unable to be here today. Commissioner Sarnoff -- my questions as best you can. Ms. Huber: I believe that have. Commissioner Sarnoff How many frips does your building generate? Ms. Huber: I do not have that number. Commissioner Sarnoff How many frips does the building next to you generate? Ms. Huber: I couldn't tell you. You'd have to ask that building and their traffic consultant. Commissioner Sarnoff And ifI were to reduce this by 200 frips by somehow reconfiguring this building, you wouldn't tell me that would be acceptable to you, right? Ms. Huber: I would obviously have to speak with my client and have our traffic consultant do an analysis on that, and that's why we're asking for a deferral today to see if there can be discussions regarding that and that's what we're asking for. We're not saying that we -- Commissioner Sarnoff Wait. Slow down. Ms. Huber: -- don't want the -- Commissioner Sarnoff Slow -- City ofMiami Page 100 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Ms. Huber: -- project to go forward. We're just asking that you take some time to look at this to see if there's a better way to resolve the situation. Commissioner Sarnoff Well, how long have you known about this project? Ms. Huber: We've known about it for -- Commissioner Sarnoff Better part of two years? Ms. Huber: No. We were contacted, I believe, two days before the Planning Advisory Board meeting. Commissioner Sarnoff And that was how long ago? May 14? Ms. Huber: I believe so. Commissioner Sarnoff How many times have you contacted Ms. Garcia -Toledo's office to try to meet with her? Ms. Huber: We spoke at the last meeting, and she was aware of our concerns, and we have not been in contact since. Commissioner Sarnoff So it's now about, what, two months later and you've spoken once? Ms. Huber: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Huber: With all due respect -- Commissioner Sarnoff It's always assumed. Ms. Huber: -- we believe that it's this Commission's responsibility to work through these things with your staff. Commissioner Sarnoff Well, my question to you is that you were obviously very concerned on May 14, 2007, that there was a traffic -- Ms. Huber: As we have been for the last -- Commissioner Sarnoff Let me finish -- -- Ms. Huber: -- several years. Chairman Gonzalez: Let the Commissioner finish. Commissioner Sarnoff -- my questions, and then you feel free to come right at me all you want. Ms. Huber: I'm not coming at you. I believe you're coming at me. Commissioner Sarnoff OK. Well, I apologize. I try not to be too aggressive up here. On May 14, 2007, your client decided this was just too much fraffic, correct? Ms. Huber: Based on our initial analysis, yes, we were concerned with the fraffic -- City ofMiami Page 101 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Sarnoff It is -- Ms. Huber: -- as we have been for several years in this area. It's not just this specific project -- Chairman Gonzalez: Would you --? Ms. Huber: -- Commissioner Sarnoff. As you're very well -- Chairman Gonzalez: Excuse me. Ms. Huber: -- because this is your district -- Chairman Gonzalez: Excuse me. Ms. Huber: -- this is an ongoing problem in this area. [At this point, the Chairman muted the speaker's microphone.] Ms. Huber: He asked me a question. I was answering. Chairman Gonzalez: You're going to pay attention to us or you're going to just talk and talk and talk and talk? Ms. Huber: No. He asked me a question -- Chairman Gonzalez: He asked you a question. Ms. Huber: -- so I responded. Chairman Gonzalez: He asked a question; you gave an answer, but then you kept on going and going and going, and he's trying to speak to you. He's frying to make a point -- Ms. Huber: OK. Chairman Gonzalez: -- so please allow the -- Ms. Huber: Go ahead. Chairman Gonzalez: -- Commissioner to make his questions. Commissioner Sarnoff You've been in front of a judge before? Ms. Huber: Yes, sir. I'm not sure -- Commissioner Sarnoff All I ask is -- Ms. Huber: -- how that's relevant. Commissioner Sarnoff -- you afford me the same respect you'd afford a judge. That's all. Now, if you knew about this on May 14, 2007 -- correct me if I'm wrong -- the most you've done is contact Ms. Garcia -Toledo once in that time period, is that correct? Ms. Huber: Yes. City ofMiami Page 102 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Sarnoff OK. That's all I need to know. Thank you. Ms. Huber: OK. Thank you. Chairman Gonzalez: All right. Thank you. Judy. Judith Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I have a couple of questions. The only thing -- there are two little things I wanted to -- I have a suggestion to make about the traffic in reference to the bridge. Commissioner Sarnoff Wait, wait. No frees? Ms. Sandoval: I'm getting to that. Trees come later. One of my questions is, I did hear the traffic specialist say something about by 215 [sic], we will have all these other ways down there to alleviate the fraffic, including the streetcar. Well, we don't know that we're going to have that streetcar. The CRA (Community Redevelopment Agency) isn't putting any money into it. It's going to cost a lot of money and all these other bus lines and rail lines and everything else. The City really doesn't have the money to do a lot of those things, and I don't think we should count on that to relieve the traffic down there. Just ask a taxi driver about the fraffic there is down there. They can't even, you know, pick up and drop off people comfortably at the American Airlines Arena. OK. Now, in a more positive light, I think it's a great idea to build a bridge from the building to the Met -- the People Mover. That People Mover needs a complete renovation. It doesn't even have a gate where you pay to go in. It's a free ride on that, which the other ones are a little bit better cared for. There should be a bridge to the other side of the street where this building is going to be, but it would be very nice if that People Mover were made larger and improved, and also if there could be a stairway on the other side of the street going down to the street, so that people, ordinary people who are maybe going to Ross For Less or a bank could use the bridge and go down on the street, because it is dangerous and very difficult to cross that street -- Chairman Gonzalez: Thank you. Ms. Sandoval: -- as it is now. Wait a minute. Please. Chairman Gonzalez: Your time is up. Commissioner Sarnoff And in conclusion, with frees. Ms. Sandoval: Yes. I want to ask if this is a green building because you really haven't gone into how green it is, and if you're going to be the landmark building, it should be -- have shade on the streets. It should have trees so the people don't walk in the hot sun -- Chairman Gonzalez: Judy. Ms. Sandoval: -- and just one more thing. Chairman Gonzalez: Judy. Ms. Sandoval: This may be the greatest architect in Coral Gables, but this building is not something by Calatrava, by Cesar Pellig by any number of -- by Frank Gary -- Chairman Gonzalez: Thank you. Ms. Sandoval: -- and to call it the landmark building for Miami, I think is an exaggeration. City ofMiami Page 103 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Chairman Gonzalez: Thank you very much. Ms. Sandoval: Thank you. Chairman Gonzalez: Thank you very much. Wow. All right. Public hearing is closed; comes back to the Commission. Commissioner Sarnoff. Ms. Garcia -Toledo: May have rebuttal, please -- Chairman Gonzalez: Go ahead. Ms. Garcia -Toledo: -- and I'll try to be very quick. Chairman Gonzalez: Go ahead. Ms. Garcia -Toledo: As to the gentleman, Mr. Porta, who spoke about notice, please be advised that this went to its first public hearing on May 16 before the Planning Advisory Board. It was scheduled to be heard by this Commission last month during the June P&Z (Planning & Zoning) meeting, which, of course, the entire agenda was moved over due to Miami 21, so there's been a longer than usual period of time to be able to review these documents and address any issues. Any delay would be unfair because since there's no meeting in August, it would really signify two meetings, and our timeline of 2015 is based on our current timeline allowing us to move forward and start construction drawings. On Ms. Huber's presentation -- I hope she was not testifying, as attorneys cannot testify. We can give factual presentation, and so I would presume that hers was a presentation, butt would like to say two things about their building. I would like to enter this photographs into the record. You will see that their building has absolutely zero stacking on their property. The problems that are occurring in that area, as I'm told by our traffic engineer, is because they're stacking their vehicles at peak hours on the public right-of-way. Further, the second opening that you see in those photographs is their loading area, which, again, when trucks come up, they cannot even drive in. They have to stop and get cleared again on the City right-of-way, so that may be part of the problems. The second issue is that when that building, when the Miami Center -- and this is the benefit of having been around Miami for a long time -- when that building was designed and approved by the City ofMiami Commission, it was approved with a pedestrian bridge that would connect the Metrorail -- excuse me, the Metromover station to the Miami Center. Because of the financial difficulties that that building had, they came back before the Commission and asked the Commission for a favor to have all the improvements they had to do on Biscayne Boulevard, including that pedestrian bridge, removed, and so that may be the result of the problems they're encountering. Ms. Sandoval, absolutely, it is a green building. I'm also glad to report that it's surrounded by colonnades and shade frees, and with that, I would like to close my presentation, and if you have any questions, Commissioner -- and I thank you for your consideration and patience with our presentation. Chairman Gonzalez: Thank you. Commissioner Sarnoff Mr. Chairman. Chairman Gonzalez: Commissioner Sarnoff. Commissioner Sarnoff Mr. Chairman, I'd like to make a motion, for discussion purposes, to approve this. Commissioner Regalado: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. Discussion. Commissioner Sarnoff, you're recognized. City ofMiami Page 104 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Sarnoff I must say, I must have really matured since I've come up on this dais because I received a number of East Coast Railway -- or East Coast Realty, excuse me, e-mails during the campaign, which essentially said I would somehow destroy the City. Luckily, you're still all here, and I haven't destroyed the City, and I actually like this project, so I did not start out by thinking anything very favorable of East Coast Realty, Inc. I didn't even know who it was, to be quite frank with you, and when you're running for office, you don't really care. All you care about is seeing something pretty negatively said about you. With regard to what's said about -- from the other buildings owners, I do discount a lot of that. I have to agree with you that if you're going to come -- if you're going to come and make a presentation in front of this Commission -- being a lawyer, there's an old saying in circuit court, anything a lawyer says has no evidentiary value whatsoever, and it really doesn't. We get to argue. We get to beat our chests. We get to state the facts, but guess what? You couldn't base one ofyour decisions on three words out of our mouths. We can convince you only upon the testimony of somebody that we deem to be a fact witness or an expert that's been certainly qualified by the Court, so I don't take what people have to say at -- certainly not at face value, and certainly not when they don't put an expert in front of you, and when, on May 14, they learn that they believe they have a significant traffic problem and they have the courtesy of giving you one phone call, I would think you could do a little more than that, so I'm going to make some requirements, and I'm going to make a motion to approve this with the following conditions: Condition number one is that you are an LEED (Leadership in Energy and Environmental Design) standard -- excuse me. I forgot that wrong -- LEED standard silver building, and that's not that easy to do at your size; number two, that you have designated changing rooms for -- with locker rooms, for bicyclists so that people can bicycle to and from -- and they need to be on the first floor ofyour building. It's something that Miami 21 requires. I think it's something that we should do as well, and we're going to require your pedestrian bridge, and if you can meet with Judy and put some frees around it, that'd be great. I'm also going to require that you do provide the six uses by the City ofMiami, but not for five years; for ten years. Those uses should include, if the Mayor should choose to have his state -of -the -city address, major functions. I'm not asking you to do anything other than to provide the venue; nothing more than that, nothing less than that. I'm not asking you to feed anybody, but I think the City ofMiami, at a certain point in time, is going to need a huge convention space downtown, and I think the focus ofMiami is going to turn towards downtown. I would certainly listen to my fellow Commissioners on a building of this size and magnitude, as to any other conditions that they would like to add because this is hopefully -- I don't want to call it Miami's signature building, because I think there may be others, but it certainly is a big, beautiful building, certainly built in the right part of downtown. Vice Chairman Sanchez: On -- just a question. Chairman Gonzalez: All right. We had a motion, and we had a second. Vice Chairman Sanchez: There's a second. Just on the height of the building, the FAA (Federal Aviation Administration) standards. Ms. Garcia -Toledo: The -- Vice Chairman Sanchez: How are you going to address those? Ms. Garcia -Toledo: Actually, more important than the FAA standards is the County standards or the County ordinance that controls height. The County is -- right now has a pending ordinance to bring the height at this location to a height that would allow the building as we have designed it. Vice Chairman Sanchez: What is it now, 10/10? City ofMiami Page 105 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Unidentified Speaker: 10/10. Vice Chairman Sanchez: 10/10. OK. Chairman Gonzalez: All right. Ms. Garcia -Toledo: And so we're OK with the condition because what your staff actually is saying is we are approving it as high as the ordinance will -- at the County will allow you to have it. Vice Chairman Sanchez: And the conditions will be in the MUSP (Major Use Special Permit)? Ms. Garcia -Toledo: Yes, yes, sir. Vice Chairman Sanchez: OK. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Mr. Lavernia: I just wanted clarification because there was the request from the applicant -- Applause. Chairman Gonzalez: No clapping, please. Mr. Lavernia: -- to remove two conditions of the staff conditions. I want to know -- Commissioner Sarnoff Well, I want to make sure those were removed. I'm sorry. Mr. Lavernia: B and D, remove -- Commissioner Sarnoff Yeah. Mr. Lavernia: -- of the staff conditions. Commissioner Sarnoff Do we need to have that vote again? Because I want to make sure that that -- those conditions were removed. Chairman Gonzalez: As amended. Commissioner Sarnoff As amended, right. Priscilla A. Thompson (City Clerk): That's what I wanted to make sure. On the record, we're saying as amended -- Chairman Gonzalez: As amended. Ms. Thompson: -- with the conditions stated on the record, right? Chairman Gonzalez: Yes, ma'am. Maria J. Chiaro (Assistant City Attorney): With the conditions removed as the applicant has City ofMiami Page 106 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 requested. Ms. Thompson: And adding what the Commissioner requested. Ms. Chiaro: And added the con -- and adding the conditions set forth by Commissioner Sarnoff. Commissioner Regalado: But do we need to vote again? Ms. Chiaro: You do not. Clear -- I mean, your votes are all remaining the same, correct? Commissioner Regalado: Clear. Ms. Garcia -Toledo: And just as a point of information, Commissioner Sarnoff I think we're on the same page. The project, as designed, does have about a hundred bicycle racks per parking floor, and it does have showers for the bicyclists and lockers so that they can, in fact -- if they're employees, and it is designed as a silver LEED. Commissioner Sarnoff And no nasty e-mails this election season. Ms. Garcia -Toledo: Thank you. Unidentified Speaker: Thank you for your consideration. Chairman Gonzalez: All right. PZ.12 06-01056Iu 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 1292 SOUTHWEST 21ST TERRACE AND 2149 SOUTHWEST 13TH AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 107 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 06-010561u - PAB Fact Sheet.pdf 06-010561u - Analysis.pdf 06-010561u - Concurrency Report.pdf 06-010561u - Exhibit C.pdf 06-010561u - Comp Plan Map.pdf 06-010561u - Zoning Map.pdf 06-010561u - Aerial Photo.pdf 06-010561u - PAB Legislation.pdf 06-010561u - PAB Application Documents.pdf 06-010561u PAB Reso.pdf 06-010561u CC Application & Supporting Docs.pdf 06-010561u CC Legislation (Version 2).pdf 06-010561u 06-01056zc CC Exhibit A.pdf 06-010561u CC FR Fact Sheet 01-25-07.pdf 06-010561u CC FR Fact Sheet 02-22-07.pdf 06-010561u CC FR Fact Sheet 03-22-07.pdf 06-010561u CC FR Fact Sheet 04-26-07.pdf 06-010561u submittal pettition by various.pdf 06-010561u submittal pettition by Viscaya Home Owners Assoc..pdf 06-010561u submittal photo.pdf 06-010561u submittal photos.pdf 06-010561u submittal status of certificate of use.pdf 06-010561u CC SR Fact Sheet.pdf 06-010561u Submittal Signatures In Favor.pdf 06-010561u Submittal Signatures Not In Favor.pdf 06-010561u Submittal Declaration of Rest. Covenanants.pdf LOCATION: Approximately 1292 SW 21st Terrace and 2149 SW 13th Avenue [Commissioner Joe Sanchez - District 3] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Luis and Mercedes Palomo and Palomo Holdings, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on September 6, 2006 by a vote of 5-1. See companion File ID 06-01056zc. PURPOSE: This will change the above properties to Restricted Commercial. Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Noes: 2 - Commissioner Sarnoff and Regalado 12935 Chairman Gonzalez: PZ.12. I'm sorry. PZ -- Roberto Lavernia (Chief of Land Development, Planning): Yes, correct. Chairman Gonzalez: --12. That's correct. City ofMiami Page 108 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Vicky Garcia -Toledo: 12 and 13, companion items. Mr. Lavernia: 12 and 13 are companion items, land use and zoning change. This is the -- Chairman Gonzalez: And they are sec -- Mr. Lavernia: -- second reading. Chairman Gonzalez: -- and they're also second reading, right? Mr. Lavernia: Yes, sir. Was approved at first reading on April 26, 2007, and for the zoning change, the applicant has proffered a covenant for this property. Vice Chairman Sanchez: OK. Could you -- Chairman Gonzalez: Good afternoon. Vice Chairman Sanchez: -- offer the condition in the covenant into the record so people that have just showed up for the first reading are aware of it? Ms. Garcia -Toledo: Do you want us to do our presentation? We will do a full presentation, if you so desire. Vice Chairman Sanchez: I think we should -- Commissioner Sarnoff I think it's -- Vice Chairman Sanchez: -- we did it on the first time. I mean -- Chairman Gonzalez: We had it on the first time. Vice Chairman Sanchez: We already had a full presentation on this, correct? Chairman Gonzalez: What we need is the conditions. What are the conditions? Mr. Lavernia, what is the covenant? Mr. Lavernia: There's no condition in this case because this is a land use and zoning change. It's not a Major Use, so we have no conditions for that. We will review the project as part of a Class II Special Permit. Ms. Garcia -Toledo: I think what -- Chairman Gonzalez: The property -- Ms. Garcia -Toledo: -- the Commissioner is making reference to -- Vice Chairman Sanchez: The Commission is on the 13th. Ms. Garcia -Toledo: -- is that we have -- Chairman Gonzalez: Exactly. Ms. Garcia -Toledo: -- proffered a voluntary covenant -- Mr. Lavernia: Exactly. City ofMiami Page 109 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Chairman Gonzalez: OK. Mr. Lavernia: That's what said. Ms. Garcia -Toledo: -- which has a series of self -determined limitations, and those limitations are on the covenant. Chairman Gonzalez: OK. Will you proffer --? Mr. Lavernia: That's part of the covenant that the applicant offer on the first reading, and so she have to put the limitation that they are imposing on themselves [sic]. Vice Chairman Sanchez: Yeah, but that'll be on 13. Unidentified Speaker: No. Mr. Lavernia: Yes. Ms. Garcia -Toledo: And those will be attached to item 13, yes. The covenant will read that the property will be developed in substantial compliance with that certain site plan on file with the City ofMiami, dated September 2006, prepared by Behar Font, and entitled proposed condominium building, Lumiere, 1267 Coral Way, Miami, Florida, the site plan. Item number two will say that the -- it's relating to the artwork. The proposed artwork, as depicted in the site plan referenced above, shall not be reduced in scope or size. This limitation shall not preclude the owner from enhancing the scope or the size of the artwork as depicted on the site plan. The third item deals with a reversion, and it reads: The development shall be built pursuant to the site plan. If the development is not developed as approved and pursuant to the site plan, excluding any nonsubstantial modifications to said site plan, then the property shall revert back to the single-family land use designation and zoning designation ofR-1 single-family residential with an SD-12 overlay. The condition precedence to recording and having this declaration become final will be the redesignation of the future land use for the property, the zoning change, and any other special permits that may be included, but not limited to the Class II Special Permit, which will be required subsequent to the approval of this matter, if that is your desire. Chairman Gonzalez: Does that conclude your presentation? Ms. Garcia -Toledo: No, Commissioner. I'm going to make a very brief presentation. Chairman Gonzalez: All right. Go ahead. Ms. Garcia -Toledo: Basically, this is a request for a change to single family to C-1. Currently, the properties involved in this application are two single-family lots that are directly adjacent and surrounded on three sides by commercial and SD-12. To the east they have a surface parking lot; to the south, they have the commercial buildings that front Coral Way, and to the west, they have a series of buildings that are currently in nonresidential use, such as offices and sales services. The presentation that we made last time, including the testimony of several of our consultants or all of our consultants, including traffic and -- which is not required in a land use and zoning change, as well as the testimony from Mr. Olmedillo establishing the compatibility and compliance of this project with -- in this request with your comprehensive plan and your Zoning Code. I am certainly -- they're here. They're available. Vice Chairman Sanchez: But hold on. I want to clarify. You said that substantial and compliance of the site plan. You mean the whole plan? City ofMiami Page 110 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Ms. Garcia -Toledo: Yes. That's what -- the plans are called the site plan -- Vice Chairman Sanchez: OK. Ms. Garcia -Toledo: -- because at this point in time, they're not construction drawings for a building permit; they're just a design plan. Vice Chairman Sanchez: OK. Ms. Garcia -Toledo: Subsequent to this approval, this project will need to request a Class II Special Permit from the City. Our experts are here. They're here and available to answer any questions that opposing counsel may have. Opposing counsel would like a full presentation again, we would certainly be happy to do that, but for the sake of expediency, I will defer to whatever his request and this Board wishes. Vice Chairman Sanchez: All right. This item -- Ms. Garcia -Toledo: And I would save -- Vice Chairman Sanchez: -- was heard -- Ms. Garcia -Toledo: -- my time for rebuttal. Vice Chairman Sanchez: -- on first reading. You want counsel on the other side -- Mr. Fernandez, you have any questions? You want to address any of the concerns, or do you want the full presentation? Priscilla A. Thompson (City Clerk): I'm sorry. Vice Chairman Sanchez: Need to step up to the mike. Luis Fernandez: I don't think there's any need to have the witnesses -- they're available for concerns, but no, we have a presentation, but no need to cross-examine. I'm sorry? Ms. Thompson: I need your name for the record, please. Mr. Fernandez: I apologize. Luis Fernandez, pro bono attorney for the Vizcaya -Roads Association. Ms. Thompson: Thank you. Vice Chairman Sanchez: OK. Mr. Fernandez: I will -- Ms. Garcia -Toledo: We're certainly available to answer any questions that you may have. Vice Chairman Sanchez: Other than that, it's a public hearing. All those that'll be speaking on the item -- have everyone been sworn in? If not, please stand up and be sworn in on this item or any other item pertaining to the remaining of the agenda. So, Madam Clerk, if we could swear them in. Ms. Thompson: OK. Good afternoon. Again, if you are going to be speaking on this item or any of the remaining items on the agenda and you've not been sworn in, we need you to please stand and raise your right hand. City ofMiami Page 111 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. Ms. Thompson: Thank you. Vice Chairman Sanchez: All right. Sir, you're recognized for the record. Mr. Fernandez: Thank you. Mr. Commissioner, with your permission, I believe that Mr. Herrera, the president of the association, is going to be addressing, and I will come in at a later time. Vice Chairman Sanchez: OK. Sir, you have two minutes. Madam Clerk -- Ms. Garcia -Toledo: I'm sorry. Vice Chairman Sanchez: -- all those testifying will have two minutes. Luis Herrera: OK. My name is Luis Herrera. I'm the president of Vizcaya Homeowner Association, and this particular moment, I'd like to play DVD (Digital Video Disc) that I have in there in the room. May take a few minutes to take it in the screen, and I want everything that we mention here, I want it in the record, anything. Anybody that come to speak over here, I want it in the record. Vice Chairman Sanchez: Mr. Herrera, this is a public meeting. Everything we speak is on the record. Mr. Herrera: But I want to prove -- I want to be sure of everything be in the record, and I have a DVD, but the time they put it on the screen, I want to pass the translation because the DVD is in Spanish, and so I can give it to the Clerk. Vice Chairman Sanchez: Madam Clerk. Ms. Thompson: I think he's going to need to make sure to give it to the attorney first because we have to make sure that it's -- Vice Chairman Sanchez: OK. Ms. Thompson: -- a certified -- Vice Chairman Sanchez: Make sure you hand it over to the attorney. Maria J. Chiaro (Assistant City Attorney): This needs to be read with the showing of the DVD. It can't be made part of the record. It needs to be read -- Vice Chairman Sanchez: All right. Mr. Herrera, you could read that -- Ms. Chiaro: -- as the -- Vice Chairman Sanchez: -- into the record. Ms. Chiaro: -- DVD is shown. Ms. Thompson: I'm sorry. Your -- if -- City ofMiami Page 112 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Ms. Chiaro: It needs to be read in English while the DVD is shown. Mr. Herrera: The DVD I'm showing, it can be in Spanish? Leave it like in Spanish is? Ms. Thompson: We have interpreters here. If we need this DVD to be interpreted from Spanish to English, we have them available. Mr. Herrera: Thank you. Vice Chairman Sanchez: OK. How long is your presentation going to take? Mr. Herrera: At least a few seconds in the room. Ms. Thompson: Chair -- Vice Chairman Sanchez: All right. The DVD is on. Note for the Record: At this time, an audio -video presentation was made. Vice Chairman Sanchez: All right. We have no quorum. Ms. Garcia -Toledo: Excuse me. I need to object. Mr. Herrera: The point I'm bringing -- Ms. Garcia -Toledo: Through the Chair, I need to object -- Vice Chairman Sanchez: What does this have to do with --? Ms. Garcia -Toledo: What is the relevance? Mr. Herrera: Right there. Listen. Vice Chairman Sanchez: Whoa, whoa, whoa, whoa, whoa, whoa, whoa. Listen, listen, listen. Ms. Garcia -Toledo: Mr. Chairman, through the City Attorney, I need to object. I do not understand -- I cannot understand the tape, and I cannot establish the relevance of the tape to those proceedings. Vice Chairman Sanchez: All right. Note for the Record: At this time, the audio -video presentation was stopped. Vice Chairman Sanchez: Listen, I got to get control of this. Mr. Herrera. Mr. Herrera: Listen, if you don't want to -- Vice Chairman Sanchez: Mr. Herrera. Mr. Herrera: -- the tape in there, I can make it what he said in there a few -- in two words. They promise in that DVD they never change the zoning in the 14th Avenue from 8th Street to Coral Way. That's what he promise to us. That's why I want it in the record. That's what he, Mr. Sanchez, said, the Commissioner Sanchez said, in the tape. Vice Chairman Sanchez: Mr. Herrera, are you done with your two minutes now, or do you need City ofMiami Page 113 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 more time? Mr. Herrera: Do you say ifI need more time? Vice Chairman Sanchez: You got one minute and forty-two seconds. Mr. Herrera: OK. That's part of the -- Vice Chairman Sanchez: We'll have plenty of time. This is going to be a -- never a dull moment here at City Hall. Mr. Herrera: OK. Later on -- later along, and we meeting in the Coral Way Elementary, and they promise in Coral Way Elementary -- it's in the record before -- that they promise he never change the zoning over there in that area, and all that he said, all right, they come back and he change, right, the zoning and a single-family home that it will no allow -- and no the neighbors, they want to change the zoning. Yesterday I went right away to get some signatures to continue to stay away for changing the zoning, and I got all the signatures over here that I want to present it all to you, so if you'll -- going to be in part of the record amongst the same people. Let me get the paper, or you want me to give it later? Whatever. Ms. Chiaro: Mr. Herrera? Mr. Herrera: Give it right now? Vice Chairman Sanchez: No, no, no. Ms. Chiaro: Let me stop you. The -- you may talk, but this is not a presentation before the Board. You don't have a quorum, so we need to wait till there is a quorum for the rest of the presentation at the public hearing to be made. Mr. Herrera: OK. Then -- Ms. Chiaro: Mr. Chairman -- Mr. Herrera: -- I'll wait -- Ms. Chiaro: -- you do not have quorum. Mr. Herrera: -- for the quorum come back, and give me the time, please. I'll sit down and wait for the quorum come back. Vice Chairman Sanchez: All right. We don't have a quorum. Well wait for a quorum to get back, and we'll allow Mr. Herrera -- do you want another two minutes? Mr. Herrera: I got the signatures over here, if you want me -- Vice Chairman Sanchez: It's OK. Mr. Herrera: -- presentation. Vice Chairman Sanchez: Yeah. Turn them in to the Attorney and then to the City Clerk. Mr. Herrera: That is -- Vice Chairman Sanchez: We don't have a quorum, Mr. Herrera, so we're going to have to wait. City ofMiami Page 114 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Ms. Thompson: Chair, Mr. Sarnoff is here. Vice Chairman Sanchez: Now we do. Commissioner Sarnoff is back. Mr. Herrera, you'll have - - I'll tell you what, I'll give you another two minutes. All right. Do you need additional time, Mr. Herrera? Mr. Herrera: Say it again. Vice Chairman Sanchez: Do you need some additional time? Mr. Herrera: No. Just I want to -- well, let me finish what I -- Vice Chairman Sanchez: Go ahead. Mr. Herrera: OK. I went yesterday real quick around the neighborhood, and I take all the signatures that I presented to you, and still, the neighborhood, they ask me to ask you Commissioners to not approve this project because it's a single-family home and it's not belong to there, and in Chapter 163, they protect the neighborhood, and that's what we are. We need to you to support to this project, they not going away. Continue to approve it, whatever the neighborhood they don't want to, so no matter how many people we bring it over here, no matter what we say, no matter what lawyer we say, they continue to approve whatever they want to. Thank you. Ms. Garcia -Toledo: May I cross-examine Mr. Herrera? Vice Chairman Sanchez: Wait. Before you do that, I think that I should respond to that because of the allegations that have made towards me in that interview, which was Channel 41, but that had nothing -- you spoke for two minutes. Mr. Herrera: Yes. Vice Chairman Sanchez: Please allow me to speak. Mr. Herrera: I'm going to respond when you finish. Vice Chairman Sanchez: No, you're not going to respond. Mr. Herrera: No? Vice Chairman Sanchez: Had your two minutes. Mr. Herrera: Hey, I'm allowed -- Vice Chairman Sanchez: Yes, sir. Mr. Herrera: -- to respond you -- Vice Chairman Sanchez: That -- Mr. Herrera: -- ifyou ask me a question. Vice Chairman Sanchez: You're out of order is what you are right now, sir. Mr. Herrera: OK. City ofMiami Page 115 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Vice Chairman Sanchez: Thank you. If you could allow me to respond. That was an interview on Channel 41 -- Mr. Herrera: Right. Vice Chairman Sanchez: -- pertaining to the Cuban Memorial Boulevard. The Cuban Memorial Boulevard had nothing to do with this project in itself. Please -- Mr. Herrera: Go ahead. Go ahead. Vice Chairman Sanchez: -- don't interrupt me. Mr. Herrera: Finish. Vice Chairman Sanchez: OK. That interview was scheduled to address your concerns as president of the homeowners -- of the Vizcaya Homeowners Association pertaining to the frees, and it was, to clarify a lot of misleading information pertaining to that project, which there was spread out there -- I'm not going to say by who -- but there was a lot of misinformation out there and half-truth pertaining to the Cuban Memorial Boulevard. Let me just state some of them for the record that were discussed in that program. One was that this Commissioner was going to cut down all the frees on the Cuban Memorial Boulevard. That was one. Two, that this Commissioner was going to remove all the monuments in the Cuban Memorial Boulevard; three, that was going to change the zoning of all the Cuban Memorial Boulevard; four, I was going to turn them into a two -- four -lane highway, two on each side. That's why I went to that radio program, with yourself and there are some individuals here that were at that, and everything that was discussed was pertaining to the Cuban Memorial Boulevard, OK? Now, I know the statement you're going to bring up, and till this day, I stand by my statements. I stand by my statements because I'll tell you this much. If you -- ifI were to say that was going to change an R-1 abutting an R-1 or in a complete block of an R-1, then you would be every right to stand there and say, Commissioner, you are a liar, and you know what would say? Mr. Herrera, you're absolutely right. I am a liar, OK, but this has nothing to do with that -- the R-1 s there. This is a Coral Way corridor abutting an R-1 in that boulevard. The whole issue here is on Coral Way, not the Cuban Memorial Boulevard, and if you look -- now, I'm going to give you many examples because there's many that we could bring up. If you look to the west on Coral Way, there are many other projects that have been rezoned next to an R-1 and they had been buffered with a town house in the case. This case of this single-family home abutting the C-1 there is abutting, it's just that R-1, then there's a street, and then, from 22nd, it goes down -- everything is residential, so for you to make that statement, I think it's misleading in a way, and I - - that's all I'm going to say to that, and it's irrelevant to this, so having said that, I think you've had your two minutes, and now we can have other individuals that Mr. Fernandez, who takes no - - who wastes no opportunity to try to discredits me has brought people to talk, so you're recognized as the next speaker for two minutes, and then we'll address the issues. Ms. Garcia -Toledo: May cross, please? Vice Chairman Sanchez: Yes. Ms. Garcia -Toledo: Mr. Herrera, you have identified yourself as the president of the Vizcaya -Roads Homeowners Association? Mr. Herrera: Yes, ma'am. Ms. Garcia -Toledo: That's correct, and you did speak to the Miami Herald and a article was published last Sunday in the Neighbors section. City ofMiami Page 116 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Mr. Herrera: Uh-huh. Ms. Garcia -Toledo: And in that article, you told the -- or a least the reporter reports that you told him that if -- that you said that if more condominium towers rise, the less long-time residents like you will be able to afford to live in the neighborhood. Is that correct? Mr. Herrera: Right. Ms. Garcia -Toledo: OK. Thank you very much, Mr. Herrera. Mr. Herrera: All right. Now, I can answer you -- Vice Chairman Sanchez: Sir, all that I ask -- Mr. Herrera: -- the particular -- Vice Chairman Sanchez: Please. Mr. Herrera: -- only one question. Vice Chairman Sanchez: With all due respect, and I have the outmost [sic] respect for you. The only thing that I ask you is not to distort the facts and don't mislead people. That's all that I ask. Mr. Herrera: I'm going to responded [sic] to you. In this particular discuss we have in 41 -- in Channel 41, OK you the one mention -- you the one to bring it up to us you not going to change the zoning from 8th Street to Coral Way -- Vice Chairman Sanchez: Because -- Mr. Herrera: -- and 13th Avenue. You said it right there in the tape. That's why I bring the tape for, and then, after that -- Vice Chairman Sanchez: Sir. Mr. Herrera: -- in Coral Way Elementary -- Vice Chairman Sanchez: Sir. Mr. Herrera: -- you said it, too. Vice Chairman Sanchez: Sir, because you said, "Commissioner, you are going to change" -- Mr. Herrera: I did not say that. Vice Chairman Sanchez: You accused me of going to change the zonings through 13th -- Mr. Herrera: I never say that, and I ask you. It's in the tape. Vice Chairman Sanchez: Well, we're done, ma'am. I think you could speak next. Two minutes, and then when the Chair gets back, I'll pass the gavel, and that way I would have an opportunity to address. Zulema Rivero: Good afternoon. My name is Zulema Rivero, and my address is 2121 Southwest 13th Avenue. I live immediately across from the properties that are in question today. I did City ofMiami Page 117 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 want to go ahead and just clarify one quick thing with Mrs. Toledo. You mentioned earlier that the properties that your clients have are surrounded in three sides by restricted commercial. That is not so. It's only on the back end side. Ms. Garcia -Toledo: That's not what I said. Ms. Rivero: I'm sorry. You said commercial. Ms. Garcia -Toledo: Nonresidential commercial activities. Vice Chairman Sanchez: All right. Marc, I think they have to ask questions through the Chair. Ms. Garcia -Toledo: Yes, that's -- I'm sorry. I apologize. Ms. Rivero: OK, so I just wanted to clarify that behind the property, the properties in question, to have rezoning is where they have the restricted commercial areas. To one of the sides they have what they call a multifamily residential, which is a small law office and a small real estate office. On the other side is an empty lot side by side with residential homes, and across from the street where I live is completely residential homes. OK. Unfortunately, we're not financially able to provide expert witnesses, so I honestly hope that -- you know, we're only able to go ahead and provide like uncompensated homeowners, et ceteras [sic], or neighborhood people, so I hope that the fact that we do not have expert witnesses, et cetera, does not impede in the majority -- the major part of this vote. I would appreciate that. The proposed change is not in harmony with the established land use pattern. There is no competent evidence showing that this proposal is in harmony with the neighborhood. The chances -- the change suggested is out of scale with the needs of the neighborhood and the City and not competent evidence was presented to the contrary. The testimony from uncompensated neighbors have shown overwhelming concern over the negative impact on already congested streets in the immediate neighborhood. The change in zoning from R-1 to restricted commercial will establish a dangerous precedent for additional massive development in a single-family neighborhood. It will create a change in condition, which will be used to support the next application for similar use, which is currently -- we just had last month. The lot next to it has already requested an application in using the first approval on first reading as a base to go ahead and have their application approved as well. That's a perfect domino effect case right there. The proposed change will have a negative impact on property values in the adjacent neighborhoods. Who'd buy my property? In particular, I know, at some point, the Commissioner said that it was -- it would enhance my neighborhood, et cetera. Only a person who's interested in developing on my property would purchase my property once this building has been developed in that area. The proposed change will not contribute to the improvement or development of adjacent property. The proposed change does not convey the same treatment to the individual owner as to owners within the same classification in the immediate area and does not further the protection of the public welfare. We urge you to protect the health, welfare, and safety of our neighborhood, and more specifically, Cuban Memorial Boulevard, and one last comment, Commissioner, with all due respect. If we can read the addresses to the two properties -- one of the properties lies on 13th Avenue, which 13th Avenue is Cuban Memorial Boulevard. Thank you. Vice Chairman Sanchez: Thank you. Chairman Gonzalez: All right. I'm going to ask you to please try to stay within your two minutes. I don't want to shut off the mike on anybody. Every person that comes before this Commission, they're allowed two minutes, and they fry to stay within their two minutes, so you're welcome. Manuel Rivero: Hello. Thank you for your time, Commissioners. My name is Manuel Rivero. I also reside at -- Manuel Vicente Rivero. I reside at 2121 Southwest 13th Avenue. I would just City ofMiami Page 118 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 like to share with -- some information with you, some things that I find interesting for the record. The -- regarding the in favor signatures that the project has presented towards you. IfI can pass these out to the -- Vice Chairman Sanchez: What is that? I'm sorry. Mr. Rivero: It's a -- just an analysis of the in favor signatures that were presented in favor of the project that I had -- that I done. Chairman Gonzalez: Give it to the City Clerk. Give it to the City Clerk. Mr. Rivera: I'd like to make sure the Commissioners are able to see those. They were placed on the record last time. We found, when we analyzed them, that there were plenty of duplicates, and once the duplicates were removed, there were about 50 in favor signatures; 10 are out of the 33145 zip code, and this project will not affect them. Of these 40, 15 are from the Palomo-owned properties, where 17 are businesses, and which 7 -- and 7 of those 17 are Palomo properties; 23 are homes and buildings, and 8 of those 23 are Palomo properties. The 135 signatures of the neighbors that were presented to you are from the residents that do not leave after 5 o'clock when they close their businesses and go away. These are people that have to live with the traffic and the abundant disgust with the large building next to their homes, and it just shows how many more people are opposed to this as in favor. Thank you. Chairman Gonzalez: Thank you. Next. Mary Rice: Good afternoon. My name is Mary Rice, and I have lived at 1250 Southwest 19th Street for over 50 years. Today the Commission is not proposing to accommodate the enlargement of a hospital or the extension of an airport runway, which conceivably would benefit the common good. This proposed change is for the benefit of a private developer. I was not amused at the meeting ofApril 26, when a video picturing the idyllic character of the newly restored 13th Avenue was presented by the developer. The video featured smiling cyclists and friendly dog walkers. Are Luis Mercedes Palomo rubbing salt in the wound by providing a visual record of what we had before their proposed project? I was equally interested when one Commissioner said she would normally not support the zoning change, except for the fact that the proposed town houses would act as a buffer. I quote from the American Heritage Dictionary. A buffer moderates adverse pressures or influences." A buffer moderates adverse pressures or influences. What is the adverse pressure these town houses are supposed to buffer? I'll let you answer the question. I am reminded of a phrase in the Hippocratic Oath: "Do no harm." Listening to the very incomplete record of the privately employed traffic engineer also aroused my curiosity. I expected this Commissioner -- this Commission could play the people's advocate and vigorously question the young man. Did you read his report? Did you bring a list of questions to ask him? I conclude by quoting from a letter I wrote to the Miami Herald after the meeting ofApril 26. "My neighborhood was better represented by Commissioners Regalado and Sarnoff than by District 3's Joe Sanchez. I could have better accepted a 4/1 defeat if the dissenting vote had been cast by my Commissioner. Sadly, this was not the case." Please restore the public's frust and vote to leave the zoning unchanged. Chairman Gonzalez: Thank you. Ms. Rice: Thank you. Chairman Gonzalez: Next. Paul Mann: Hello, gentlemen and ladies. Paul Mann, 1665 Southwest 23rd Street, Miami. I'm here as the secretary of the Silver Bluff Homeowners Association. Would like to urge you to support the Planning Department and the Planning Advisory Board on this issue, who both City ofMiami Page 119 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 recommended denial. I'd like to list four items from the neighborhood comp plan in support of our position: First is a Goal L U-1, which speaks to protecting and enhancing R-1 neighborhoods. Secondly, there are three policies that do the same. HO-1.1.8 speaks to the City retaining residential zoning; HO-1-2-7 says that the City will continue to enforce, if necessary, the strengthening of zoning ordinances intended to preserve neighborhood character, and lastly, HO-2-1-1 reads that the City will continue to protect residential neighborhoods by retaining existing residential zoning, so we urge you to deny this application. Thank you. Chairman Gonzalez: Thank you. Next. Barbara Rivero: My name is Barbara Rivero, and I have a home at 2550 Southwest 23rd Avenue, and I am in favor of this project. I've heard a lot of things about all the stuff that's going on on Coral Way, as well as 27th Avenue. Vice Chairman Sanchez: I'm sorry. What was the address again, 25 what? Ms. B. Rivero: 2550 Southwest 23rd Avenue, and I'm of the belief that -- I mean, they're the appropriate corridors for this type of planning and urbanization. We live in a city that's growing. Every year it's growing, and this is where -- if we want to maintain our single-family homes and our neighborhoods, this is where the growth need to happen, Coral Way, and I'm in favor of this project. Chairman Gonzalez: Thank you. Next. Mr. Fernandez: Thank you, Mr. Chairman. I'm appearing on behalf of the Vizcaya -Roads Association as the attorney, and asked, while you were away, I be last. I'll be briefwith my comments, and I will not go over what has already been stated, but in essence, you know -- Chairman Gonzalez: Before you start, how much time did counsel had? Ms. Thompson: Thirty minutes. Chairman Gonzalez: Thirty minutes? Ms. Thompson: Yes. Chairman Gonzalez: That was the presentation? Ms. Garcia -Toledo: Yes. Chairman Gonzalez: All right. Mr. Fernandez: I will be way below that. Chairman Gonzalez: All right. Mr. Fernandez: I ask you, Commissioners, to please do not put aside the Planning Department's recommendations of denial. The zoning change in this particular situation is unjustified. What we're doing here is we're up zoning, and we're up zoning, which includes R-4, and regardless of the restrictions that are put, the height limit where we're at is two floors, two unlimited heights. The density in the report was shown to be from nine units at this time to a hundred fifty per acre. Chairman Gonzalez: Let me interrupt you for a minute. Mr. Fernandez: Yes, sir. City ofMiami Page 120 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Chairman Gonzalez: I -- the record has been clarified by the Clerk. Ms. Thompson: It was actually just five minutes on this presentation. Chairman Gonzalez: Five minutes on this presentation. Mr. Fernandez: I think I should have enough. Chairman Gonzalez: Go ahead. Mr. Fernandez: It has been stated before, and I'll repeat for the record, that this up zoning is an encroachment on single-family neighborhoods, and the result won't harm -- rather, won't help, but rather will harm. The report that has to be given and is given to you, the report to the City Commission, talks about in Section 2210 of a number of things, and this change is out of scale with the neighborhood; makes the conditions in the neighborhood unsafer [sic] due to the traffic; does have a significant impact on the air and the light in adjacent areas. It is also contrary to the Chapter 163 Florida Statutes, and page 22, our comprehensive plan, and Section 2210, which really talk about maintaining the neighborhood and conserving it and keeping the neighborhoods. Two points I wanted to do before leaving. One is the traffic that we have. Our roads have already been graded by the Florida Department of Transportation as D and Fs. In this particular area, the influx of automobiles that was presented by the -- in the presentation that the proponent had talked about numerous -- I think it over 90 more vehicles per hour in the area, and we just don't have adequate infrastructure. The last comment I wanted to make is that in our last presentation, one of the thoughts I raised for the Commission was about the fact that we are making and we're enriching our neighborhoods, and I had no qualm, and I had no problem with increasing the value of the prices in our neighborhood. However, I think that the value of the safety of the people that live in our neighborhoods is probably more important. We don't need to lose anymore lives. We don't need to put children in danger. Remember, we have a school less than a block away from the project, and we had no increase into the traffic. I thank you very much, and Commissioner Sanchez, I did not bring people here to make you look bad. I don't have a need to do that. You may do that for yourself. I will tell you this: I did come here pro bono on behalf of the Association, and I have not discussed the testimony of any of the individuals here today until today. Thank you very much, Mr. Chairman. Chairman Gonzalez: Thank you. Next. Grace Solares: Good afternoon, Commissioners. I was watching it on TV (television), and I had to leave my office and come down here. The Miami Roads -- my name is Grace Solares, 60 Southwest 30th Road. The Miami Roads Association has, since the beginning, vehemently opposed this project. It's not a project that should go in a residential street. It's just about -- if you go down that sfreet, you'll see in the morning children being pushed in their carriages with their parents and grandparents. It's only -- this project will be about 40, 50 feet away from the front house of a home. On many, many occasions, I have agreed with you, Luis -- and you know it -- on many issues; on trees, on streets, on everything, but in this particular case, I have to disagree, and the Roads Association disagrees with this project and the sfreet. It's only half away from the boundaries of the Roads. This will create a horrendous precedence for a neighborhood, such as the Roads, and a neighborhood such as Shenandoah. I, therefore, ask you, Commissioner Spence -Jones. You voted for this on the first reading. I please ask you to reconsider your votes. This is a very sensitive, sensitive issue, and the precedent this thing will create will actually leave incredible impact, negative impact on the neighborhoods ofMiami. Thank you so much, and I'm sorry, Luis. I love you terribly, but this is not the project for that section. Thank you so much. Chairman Gonzalez: Thank you. Anyone else? Judy. City ofMiami Page 121 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Judith Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I live in the neighboring neighborhood of Silver Bluff and we do a lot of things together. I've been going to meetings about this project for several years now, and I'm just wondering. You know, so much of this is happening, and we have -- all of the neighbors, we come up here; we don't agree with the way you vote because we think you're wrecking our neighborhoods. There was a neighborhood in California that was detrimentally affected by some decisions that the City government made, and they claimed that the value of their property had been decreased, and they took the Government to court over this, and they won. Now, that's an interesting precedent, and I would just like to see more of that in the City ofMiami, and I think it's going to come, gentlemen, so pay attention. Thank you. Chairman Gonzalez: Thankyou. Anyone else? All right. Public hearing is closed; comes back to the Commission. Vice Chairman Sanchez: I think she has -- Ms. Garcia -Toledo: May have rebuttal, sir? Chairman Gonzalez: Yes, ma'am. Ms. Garcia -Toledo: Thank you. Chairman Gonzalez: Of course. Ms. Garcia -Toledo: Very quickly. I would like to touch upon some issues that were raised. You heard me cross-examine Mr. Herrera. The reason thatl did that is because when he spoke to the press, he said his concern was that these buildings, these tall buildings, would make it unaffordable for people to live in the neighborhood, which is not based on any substantial competent evidence that's required by law, but further, economics is not a basis for opposition, and you heard him confirm that, in fact, that was his concern. What would like to do to be brief is to make -- bring by reference, the testimony ofMr. Guillermo Olmedillo during the first reading, which he's here today, if anybody wants to hear it again, but think legal counsel for the opposition will also -- already said that was not necessary, as he had an opportunity to cross-examine him. When we talk about buffer, what we're buffering is the existing commercial zoning along Coral Way, as well as the existing traffic in Coral Way. That's what these townhomes are buffering at the rear of this building. It is also creating a similar feel on both sides of the street because the townhomes are two-story, and across the sfreet, in a single-family area, you can have two stories. Any one of those homes can be expanded to a second story, so they would be looking at like structures on both side of the street, even though that sfreet has lost on the south side of 21 st Terrace, its, I would say, residential trend. I would remind everyone that the City ofMiami is a designated infill area in the Growth Management Act of the state of Florida, and with that, I would thank you. I would ask you to vote in support of this on this second reading, and I would ask that you quiz your staff because I think, at the last hearing, they said that with the covenant, they would have no objection, and the reason why they normally do not recommend approval on this project is because your staff does not have the legal ability to accept the covenant, and so normally, that's the basis for their back -- the back up that you have. Thank you. Chairman Gonzalez: Thankyou. Vice Chairman Sanchez. Vice Chairman Sanchez: Thank you, Mr. Chairman. IfI could have -- see if we could have the camera focus in or do we have a larger scale drawing of that site specific, because I think a picture says a thousand words. If we could somehow focus on that specific site. Yeah, the site in itself the entrance to the Cuban Memorial Boulevard, OK, because I think we need to clarify a City ofMiami Page 122 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 lot of things that are being said here. Let me take -- while they focus on that, and I think they're doing it. I want the Commissioners to listen to me. It's a good thing that I have the will and the courage to get things done in my district, because I could tell you that the circles was criticized by a lot of people, and today, it's being implemented throughout the City. The Cuban Memorial Boulevard, I was criticized by a lot of people -- some sitting in the crowd that didn't support it for whatever reason, and we fried working it out, and today, today the Cuban Memorial Boulevard is one of the most utilized pedestrian friendly boulevards in the city, connecting Coral Way and 8th Street. I know because my parents live there. I was raised there. I live in the Roads, so I know the neighborhood very well. The Cuban Memorial Boulevard right now is being utilized and people are enjoying it. What I want to create here -- and if we could just focus on the picture. Can we have --? And I'll -- can we see the picture here? Because I think it's -- see if we can -- so -- it's hard. I mean, you've got to know the area. If you're driving down Coral Way, OK, you're driving down Coral Way -- Ms. Thompson: Commissioner -- Vice Chair? Vice Chairman Sanchez: -- and you know the Cuban Memorial Boulevard -- Ms. Thompson: I'm sorry. I need you on the mike. Chairman Gonzalez: I'm trying to -- Vice Chairman Sanchez: Forgot it. If you're driving down Coral Way -- and most of you know that area. That's Coral Way -- you have the entrance to the Cuban Memorial Boulevard. We spent millions of dollars fixing that area there, OK? We have an opportunity, and it's going to get developed. Under Miami 21, that area is in compliance with the transition going into a corridor, and that corridor, you have the Coral Way corridor, which is a business corridor, C-1, and residential. This is not putting a building next to a home, folks. It isn't. They could say that, but it's not. I believe that this project, which we've been working on for three years, and it's been kicked back, and as a matter of fact, I have some questions for the staff to put on the record on this. Is the staff prepared to answer these questions? Mr. Staff, the covenant that commits Miami 21 is a like development by creating reasonable heights and density in Coral Way corridor while buffering single-family homes to the north. Do you believe that does that with the town houses? Mr. Lavernia: Yes. Vice Chairman Sanchez: So in other words, do we have the 60-degree -- Mr. Lavernia: Yes. Vice Chairman Sanchez: -- town house -- Mr. Lavernia: Yes. Vice Chairman Sanchez: -- the sidewalk, the street, the easement, and then the property, OK. How many times has this application been revised by your -- by both the developers and your staff? Mr. Lavernia: I just want to clarify that it's not only the application, but the project itself has been reviewed several times by staff and they went through the design review process. Vice Chairman Sanchez: All right. Is it your opinion that this project will -- stipulation -- create a positive impact for the major corridor and transition there? City ofMiami Page 123 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Mr. Lavernia: The transition, yes, sir. Vice Chairman Sanchez: OK, and your denial is a soft denial, correct? Mr. Lavernia: Our analysis is based in the potential uses that the requested designation of commercial can have, so legally, we have to take in consideration all the uses for the commercial, not a specific project. Vice Chairman Sanchez: All right, so what I'm focusing, andl want you to understand is we're going to have a beautiful pedestrian entrance, and we want to create -- really four, because this is not that property. You'll have -- that property across the sfreet is zoned -- you'll have a gym there. You have little offices, attorney's office, and then you go down to 8th sfreet, and on 8th street, you'll have the Los Pinarenos, which is right now in negotiations, I believe, with the Brigade 2506 to do a museum there, and on the other side you have a shopping mall. We could create a beautiful gateway into that boulevard, which we could all be proud of and I believe this project, the way that it's being presented to us, with the artwork, with the restrictions in the covenant that have been prepared, I believe that project would enhance that area. I mean, I live there, so you know, it -- the beauty of it is we could disagree. We could disagree on the issue, but believe that have to look out for an area that think that has so much potential, and this project -- if you were to say, well, let's do a 30 stories. You know, this story, it went up from what -- what was it originally? What was it originally prepared? What was it, 25 stories or --? Unidentified Speaker: Fourteen. Vice Chairman Sanchez: Fourteen stories. No. It was higher than that at one time. We stopped it; come to the Commission; it was too high. No, it wasn't. Ms. Garcia -Toledo: At one time, this was going to be a Major Use Special Permit -- Vice Chairman Sanchez: Right. Ms. Garcia -Toledo: -- with bonuses -- Vice Chairman Sanchez: Right, and it was stopped. Ms. Garcia -Toledo: -- and it went -- I think it went as high as 22 stories in one draft, yes. Vice Chairman Sanchez: See, and you know, started at 22, and that's why it didn't come to Commission for three years working at it. Now the conditions that have been put forth -- let me just state. The project must adhere to the FARs (floor area ratios), OK? There's no discussion on that. Mr. Lavernia: Yes. Vice Chairman Sanchez: Can't go any higher. Mr. Lavernia: No. Vice Chairman Sanchez: OK, you could go lower, but you can't go any higher. The eventual building must respect the envelope that is designed right now, and the covenant, in itself-- I want to put this on the record, and I want this -- maybe you could accept this covenant, too, for the sake of the residents -- as -- if you accept this covenant, this project or any project of lower heights, in case -- right -- the conditions that you have now, you have a certain height and you got to do it that way. If you go lower and you make modifications to it, lower on heights, so long as the density does not increase -- and this project with parking as submitted or provided City ofMiami Page 124 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 underground parking, which will lower the project (UNINTELLIGIBLE) -- it will not require to come back to this Commission. Other than that, it will come back to the Commission as stipulated on the conditions. Ms. Garcia -Toledo: So I believe that what my client would be proffering is that any modification that lowers the size envelope or density would be acceptable. Vice Chairman Sanchez: Exactly, and the artwork as conditioned, cannot be decreased. I would allow it to be increased, if you wanted to put more artwork as -- we want to have that pedestrian friendly very artsy. In other words, we're trying to get arts in public places funds to put artwork throughout the Cuban Memorial Boulevard, and there are some monuments that are coming forth. I believe Commissioner Regalado is presenting a monument to be placed there. Ms. Garcia -Toledo: Commissioner, what ifMiami 21 comes in, and do you want this con --? Do you --? Should we proffer something that says that this is what we're proffering, regardless of whether Miami 21 gives us something to change this? Vice Chairman Sanchez: No. We're going to stay with this because Miami 21 really allows you after consulting with the transition, under Miami 21, you're allowed that transition from the C-1 to R-1 -- Ms. Garcia -Toledo: Correct. Vice Chairman Sanchez: -- behind. Ms. Garcia -Toledo: And our architect, as he has designed it, it would allow the building to come closer to the homes across the street under Miami 21. Vice Chairman Sanchez: Well, no. I mean, it's got to be these conditions. Ms. Garcia -Toledo: OK. I just wanted that to be clarified. Vice Chairman Sanchez: OK -- Ms. Garcia -Toledo: Yes. Vice Chairman Sanchez: -- and those are the conditions that I'm proffering, and I'm making a motion based on those conditions. Chairman Gonzalez: All right. Ms. Garcia -Toledo: Sir -- I'm sorry. Chairman Gonzalez: We have a motion. Ms. Garcia -Toledo: They're not conditions. They are limitations that we're proffering as part of our covenant. Vice Chairman Sanchez: Under the covenant. Ms. Garcia -Toledo: Yes. Vice Chairman Sanchez: You got that? Chairman Gonzalez: All right. We have a motion -- City ofMiami Page 125 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Spence -Jones: Second. Chairman Gonzalez: -- with conditions, and we have a second. It's an ordinance. Commissioner Spence -Jones: Second, with -- I just want to make a comment, though. Second. Chairman Gonzalez: OK. Commissioner Spence -Jones: OK. Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: I just want to say -- I mean, at the end of the day -- I don't know. Where did Grace go? She disappeared. She came in and she left. Oh, Grace. I just want to be real clear on my position on this. I think it's really important for us to understand -- and I don't want to talk much about it because it really is Commissioner Sanchez's district. Earlier someone stated that Spence -Jones made reference to the town house buffer and my decision to support the project. That is the reason why I decided to support the project, because it had the buffers, the town houses that was connected or across the street from other possible two stories that could take place there. That was the reason why I decided to support it, so -- and I think it's also important, if this is something that Commissioner Sanchez feels is important to revitalize his neighborhood, I think it is important to support him, so I just wanted to at least communicate to Grace and to the other young lady that made a comment regarding my position on the two-story. That was the reason why I had my position. Thank you. Chairman Gonzalez: You're welcome. Madam City Attorney, would you read the ordinance? Ms. Chiaro: An ordinance -- this is PZ.12. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Vice Chairman Sanchez: Roll call. Chairman Gonzalez: Roll call, please. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff No. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Thompson: Chairman Gonzalez? City ofMiami Page 126 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Chairman Gonzalez: Yes. Ms. Thompson: The ordinance has been adopted on second reading, 3/2. PZ.13 06-01056zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 38, 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 WITH AN "SD-12" BUFFER OVERLAY DISTRICT TO "C-1" RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1292 SOUTHWEST 21ST TERRACE AND 2149 SOUTHWEST 13TH AVENUE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-01056zc Analysis.pdf 06-01056zc Zoning Map.pdf 06-01056zc Aerial Map.pdf 06-01056zc Letter of Intent.pdf 06-01056zc Application & Supporting Docs.pdf 06-01056zc ZB Fact Sheet.pdf 06-01056zc ZB Reso.PDF 06-01056zc CC FR Legislation (Version 2).pdf 06-010561u 06-01056zc CC Exhibit A.pdf 06-01056zc CC FR Fact Sheet 01-25-07.pdf 06-01056zc CC FR Fact Sheet 02-22-07.pdf 06-01056zc CC FR Fact Sheet 03-22-07.pdf 06-01056zc CC FR Fact Sheet 04-26-07.pdf 06-01056zc submittal pettition by various.pdf 06-01056zc submittal pettition by Viscaya Home Owners Assoc..pdf 06-01056zc submittal photo.pdf 06-01056zc submittal photos.pdf 06-01056zc submittal status of certificate of use.pdf 06-01056zc CC SR Legislation (Version 2).pdf 06-01056zc CC SR Fact Sheet.pdf 06-01056zc Submittal Declaration of Rest. Covenanants.pdf 06-01056zc Submittal Signatures In Favor.pdf 06-01056zc Submittal Signatures Not In Favor.pdf LOCATION: Approximately 1292 SW 21st Terrace and 2149 SW 13th Avenue [Commissioner Joe Sanchez - District 3] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Luis and Mercedes Palomo and Palomo Holdings, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on October 30, 2006 by a vote of 7-0. See companion File ID 06-010561u. PURPOSE: This will change the above properties to C-1 Restricted Commercial. The applicant has proffered a covenant for these properties. City ofMiami Page 127 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Noes: 2 - Commissioner Sarnoff and Regalado 12936 Note for the Record: Please refer to item PZ.12 for minutes referencing item PZ.13. Chairman Gonzalez: PZ.13. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Maria J. Chiaro (Assistant City Attorney): Andl didn't hear the motion and the second. Vice Chairman Sanchez: Well -- Chairman Gonzalez: Let -- incorporate into the record the comments on PZ.12 incorporating into the record on PZ.13. We need a motion. Ms. Chiaro: Yes. Vice Chairman Sanchez: So moved. Priscilla A. Thompson (City Clerk): Are you going to --? Vice Chairman Sanchez: We're down one Commissioner. Somebody's got to get him. Chairman Gonzalez: Where's Commissioner Jones [sic]? Vice Chairman Sanchez: I would make a motion with the conditions in the covenant as proffered or offered, under this one -- this is really where the covenant and the conditions apply -- Vicky Garcia -Toledo: Correct. Vice Chairman Sanchez: -- on PZ.13. Chairman Gonzalez: All right. We have a motion. Is there a second? Is there a second? There is no second. Motion dies. Vice Chairman Sanchez: She got to come back. PZ.13. I moved and need a second. Commissioner Spence -Jones: Second. Chairman Gonzalez: Madam City Attorney, procedurally, is that --? Ms. Chiaro: I read the ordinance. Chairman Gonzalez: No, no, no. What I'm asking you, procedurally, the -- there was a motion; there was no second; that motion died; Commissioner Spence -Jones came into the chamber, second that motion; is that -- Commissioner Spence -Jones: Is that sufficient? City ofMiami Page 128 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Chairman Gonzalez: -- procedurally all right? Ms. Chiaro: Yes. Chairman Gonzalez: It is. The Vice Chairman will have to make another motion and then have a second? Ms. Chiaro: Yes. Chairman Gonzalez: He will? OK. Vice Chairman Sanchez: So move -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- with the conditions on PZ.13 -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- and the covenant. Chairman Gonzalez: Now we have a motion, and now we have a second, and you read -- Ms. Garcia -Toledo: Commissioner -- Chairman Gonzalez: -- the ordinance, so -- Ms. Garcia -Toledo: I'm sorry. Could that read the motion accepting the covenant -- Vice Chairman Sanchez: Yes. Ms. Garcia -Toledo: -- rather than with conditions because it's misleading? Chairman Gonzalez: Yes, accepting the covenant. Roll call, please. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff No. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Thompson: Then Chairman Gonzalez? Chairman Gonzalez: Yes. City ofMiami Page 129 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Ms. Thompson: The ordinance is then adopted on second reading, 3/2. Ms. Garcia -Toledo: Thank you. PZ.14 06-02072Iu 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 1603, 1611, 1615, 1621, 1631 NORTHEAST MIAMI PLACE AND 1604, 1622, 1630 NORTHEAST 1ST AVENUE, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-020721u-PAB Supporting Documentation.pdf 06-020721u PAB Reso.PDF 06-020721u CC Land Use Map.pdf 06-020721u CC Aerial Map.pdf 06-020721u School Impact Review Analysis.pdf 06-020721u CC Application & Supporting Docs.pdf 06-020721u CC Legislation (Version 2).pdf 06-020721u Exhibit A.pdf 06-020721u CC FR Fact Sheet.pdf 06-020721u Submittal Articles.pdf 06-020721u Submittal Letters.pdf 06-020721u Submittal Resumes.pdf LOCATION: Approximately 1603, 1611, 1615, 1621, 1631 NE Miami Place and 1604, 1622, 1630 NE 1st Avenue [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Prema, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 2, 2007 by a vote of 5-4. See companion File ID 06-02072zc. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Max Miami Major Use Special Permit. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Chairman Gonzalez: PZ.14. Roberto Lavernia (Chief of Land Development, Planning): 14 and 15 are companion items, land use and zoning change for the property at 6--1603, 11, 15, 21, 31 Northeast Miami Place, and City ofMiami Page 130 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 1604, 22, 30, Northeast 1st Avenue, from general commercial to restricted commercial. Chairman Gonzalez: All right. Are we ready? Mr. Lavernia: Yes. Harold Ruck (Planner II): Good afternoon, Harold Ruck, with the Planning Department. This is the first reading and a companion item with PZ. 15. This is a land use change. This is a petition to change the Miami Comprehensive Neighborhood Plan, amending the future land use plan map for properties at 1603, 1611, 1615, 1621, 1631 Northeast Miami Place, and 1604, 1622, 1630 Northeast 1st Avenue, from general commercial to restricted commercial. The Planning Department recommended denial of this application; Planning Advisory Board recommended approval. Planning considerations were that the lots immediately north, east, south, and west of the subject property are general commercial, thus a change in land use to residential, restricted commercial, would be an isolated designation surrounded by general commercial land use. Under Land Use Goal 1.5, promotes the efficient use of land, minimizes land use conflicts; change to restricted commercial is not a logical extension of that category. The same intensity and density increases can be secured with the current future land use designation of general commercial as with the requested restricted commercial land use. These findings support position that the existing land use -- excuse me -- the future land use pattern of this neighborhood should not be changed. Thank you. Chairman Gonzalez: All right. Is there anyone in opposition to this item, PZ.14 and 15? You are. OK. We'll call you as soon as the presentation is done. All right. Ben Fernandez: Good afternoon, Mr. Chair, members of the Board. Ben Fernandez, 200 South Biscayne Boulevard. I'm here on behalf of the property owner, Prema Development, LLC. With me is Mr. Jordi Verite, who is the principal of Prema, as well as Dean Lewis, our project architect; Ms. Sonia Shreffler-Bogartfrom Plummer & Association, our transportation consultant; Mr. Brian Coldwell from P.G.I., our group lead consultant; Mr. Paul Murphy, our partner and builder; Mr. Oren Manelis of Prema, and Mr. TonyArgibay, who is with Meridian Design. They specialize in production studio design. Mr. Verite is also the principal of a company called Verite Distributors. They specialize in providing production materials and equipment to the production industry, both here in the United States and throughout Latin America. The property is the subject of this application is approximately an acre in size. It's located in the Performing Arts Center area on Northeast 1st Avenue, between 16th and 17th Street. It's exactly two blocks north and two blocks west of the Performing Arts Center, and the property is -- the only thing between the property and the Performing Art [sic] Center is the Miami -Dade County School Board assemblage that is primarily zoned SD-6, which of course, is your high -density residential zoning disfrict. The property is also less than 600 feet from the School Board Metromover stop in the Performing Art [sic] Center area, so it's a quick walk from the Metromover to the property. To the north is the Bayview Marketplace, which most of you will remember was approved last year. It's a large vertical, big -box mall, and to the west is an area that is primarily zoned C-2 and C-1. It includes the Filling Station Lofts project, which was a project that received an SD-19 FAR (floor area ratio) bonus, and it also includes the Parc Lofts project. To the south is the media entertainment district, and of course, the Performing Art [sic] Center. To the east what you see is a large, nondescript warehouse building, which is called The Fortress, and then further east of that you have the 55- and 60-story-plus buildings along the Biscayne Boulevard corridor in the SD-6 area, and what's apparent from the map that you see in the middle, the zoning map that you see, which includes both current zoning districts and the proposed Miami 21 districts just for fransects rather for your reference, what you see is that there is a lack of a transition between the SD-6 zoning disfrict and the C-1 and C-2 zoning districts that are around the Bayview Marketplace. Also what's apparent from looking at the aerial is that this area is very underdeveloped. It's really kind of bizarre. If you get in your car and drive north of downtown, once you get under the McArthur Causeway and you pass the City ofMiami Page 131 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Performing Art [sic] Center, there's nothing there. It's as if somebody just, you know, exploded a bomb and destroyed all the buildings in the area, and yet, this is an area where your Comprehensive Neighborhood Plan calls for residential densities of up to 500 dwelling units to the acre and you see that -- I believe it's in the middle on the floor. You see the interpretation of the land use plan map calls for up to 500 dwelling units to the acre in the Omni districts and the Brickell districts, but we're not here requesting that type of density for project. What we are requesting is approval of a Comprehensive Plan amendment and a zoning change to come up to -- provide you with a transitional project that is at approximately 30 stories. We're proffering a covenant today that will tie us to the revised plans that we are submitting for the record, and this covenant, we also intend to include a provision in it, which is not there now, that will ensure that the building is minimum of silver LEED (Leadership in Energy and Environmental Design) certified. The name of the project is Max Miami, and it has been reviewed and recommended for approval by the Urban Development Review Board. It has also been recommended for approval by the Planning Advisory Board. The project is a unique mixed -use project. It is -- in addition to having 136 hotel rooms and 26 residential condos with ground floor retail, what is unique about it is that approximately 50 percent of the building's floor area is dedicated to production facilities, recording studios, and commercial office space geared towards the entertainment and production businesses. Commissioner Sarnoff Do that again, if you would? Mr. Fernandez: Fifty percent of the -- Commissioner Sarnoff A hundred and thirty-six hotel rooms -- Mr. Fernandez: Hundred and thirty-six hotel rooms -- Commissioner Sarnoff -- twenty-six -- Mr. Fernandez: -- twenty-six condo -- residential condominiums, ground floor retail. The exact amount is -- Dean Lewis: Thirty-five. Mr. Fernandez: -- 35,000. Yeah, thank you. Commissioner Sarnoff Square foot of retail? Mr. Fernandez: Yes. Ninety-seven thousand square feet of hotel, sixteen thousand square feet of restaurant, thirty-nine thousand square feet of residential, and two hundred and thirty-two thousand square feet of studio and related office space. Commissioner Sarnoff How much of the studio? Mr. Fernandez: Two hundred and thirty-two thousand, so it's roughly fifty percent of the overall floor area. Commissioner Sarnoff And these people will be the occupied users of this place? Mr. Fernandez: Correct. In recent years, the -- yes, post production and studio space. In recent years, the production industry has brought between 135 million to $200 million into the local economy according to Miami -Dade County's Mayor's Office of Film and Entertainment. We believe that this is a project therefore that's particularly appropriate in this area since it is approximate to the media and entertainment district and the Performing Art [sic] Center. It's also a project that's compatible with the edgy character of the existing loft projects that are City ofMiami Page 132 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 coming into the area, that are in the area and coming into the area. The purpose of the building is really to provide a geographic center focus for the art and entertainment industries in Miami, and my client and his supporters, many of which you'll hear from in just a moment, believe that Max Miami has the potential to bring those kinds of industries to the PAC (Performing Arts Center) area, and it's also, of course, going to improve the look of this area, which desperately needs help even more I think than downtown needs help. There's another important thing for you to note about this project, and that is that it is located on 1st Avenue. If you're downtown, there are only three ways to get from downtown into the Performing Art [sic] Center area without running into the embankment, the McArthur Causeway embankment. That's Biscayne Boulevard, 1st Avenue, or Miami Avenue, and 1st Avenue being the first one west of Biscayne, which would be the principal corridor, and that's where we are, so we think that this kind of project is appropriate on this particular street. We have the support, I'm happy to say, from all the nearby property owners, including Mr. Seth Gombinsky, the developers of the Parc Lofts project, the Filling Station, and others, and I'd like to introduce those to the record. Commissioner Sarnoff Mr. Fernandez, you have the support of the Lofts project, which is the red building there, as well as the Bayview Market [sic]? Mr. Fernandez: Yes, we do. We also are happy to say that in response to an industry event that we held, we received over 300 resumes from people seeking employment in the hotel management and production fields. I distributed an article to you from the South Florida Business Journal by Ms. Neman [sic], I believe is her name. She covers the entertainment and production beat for the Journal, and it's a recent article that talks about how production the really being -- is really improving in the area; that the Latin-American producers are very interested in coming to this area, and we think that this is the most appropriate place for this kind of facility. The project is also consistent with the downtown Miami economic master plan strategy for the media and entertainment district, which I believe the DDA (Downtown Development Authority) just recently had a meeting to discuss this plan for this district calls for attracting a critical mass of signature, complementary uses to the area, and this is exactly that. It is a signature building. It is designed to really stand out in terms of the quality of its design and its materials, and this is the appropriate place for it, and the last thing I'll say before I turn it over to our architect to walk you through the specifics is that the -- we have redesigned this building since it was originally submitted for approval with the Department, and we've done that in order to make it consistent both with the SD-6 zoning district, which is what we're asking for today, and with Miami 21's proposed T6-24 transectfor the area. It is substantially compliant. It isn't quite there in all respects, but it's substantially compliant with T6 -- Commissioner Sarnoff What would your FAR be under Miami 21 ? Mr. Fernandez: Our FLR (floor lot ratio), which is the Miami -- Commissioner Sarnoff Right. Mr. Fernandez: -- 21 terminology -- Commissioner Sarnoff Sorry. Mr. Fernandez: -- will be approximately -- Mr. Lewis: Six hundred and sixty-six thousand square feet FLR -- Mr. Fernandez: It could be approximate -- Mr. Lewis: -- as designed today. City ofMiami Page 133 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Mr. Fernandez: It could be approximately between a nine and a ten. Vice Chairman Sanchez: May I? We go from a 1.72 in general commercial to 8.4? Mr. Lewis: SD-6, ifI may, Ben? Mr. Fernandez: That's not under Miami 21. Vice Chairman Sanchez: Explain that a little bit. Mr. Fernandez: Under Miami -- under today's code, yes, although there have already been approvals for larger buildings. For instance, the Bayview Marketplace is approximately 750,000 square feet in size. It's directly north of this site. Our project is half of that. Vice Chairman Sanchez: Yeah, but 8.4. Mr. Fernandez: Well, we're not asking for 8.4. That's my point. Through the covenant that we're proffering, we are limiting our FAR to -- what would our FAR be? Mr. Lewis: Six. Mr. Fernandez: Six. You have already an FAR -- base FAR of 2.6 approved for the Filling Station property, which is two blocks to the west, so that what we're looking at is providing a transition from the SD-6 corridor into the areas to the west. Commissioner Sarnoff What would your FLR be under Miami 21? Mr. Fernandez: I'll let Dean answer that. Mr. Lewis: Well, Miami 21, as it exists today, as we know, is still to be defined. Currently, as we presented, our building is fully compatible in all setbacks, horizontal setbacks, in fact, more so than required, as well as in height. Our presence, we're well within our densities. We're well -- Commissioner Sarnoff You'd be a T what, T24 [sicJ? Mr. Lewis: We're a T24 [sic]. Commissioner Sarnoff So you're going to make six stories without any benefits, without having to pay any benefits? Mr. Lewis: That's -- well, it hasn't been defined yet, whether we would pay. If we have to, we will, and we're paying under the Major Use Special Permit now. Commissioner Sarnoff No, I understand, butt want to make sure I'm understanding the distinction, the difference. I'm educating myself -- Mr. Lewis: Because -- Commissioner Sarnoff -- on Miami 21. Mr. Fernandez: -- see, you -- you've hit the nail on the head. That's -- Commissioner Sarnoff Right. Mr. Fernandez: -- about right. City ofMiami Page 134 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Sarnoff OK. Mr. Lewis: Remember, Miami 21 requires that once you pass the benefit height, which is 24 stories, you have to pay now. That's one issue that we've asked to consider. If you're still within your FLR -- Commissioner Sarnoff Right, but I -- the one question -- Mr. Lewis: But, yes, we would pay. Commissioner Sarnoff -- that I haven't gotten an answer to is what would your FLR be under Miami 21? It's just to educate me. Mr. Fernandez: Currently, six. Commissioner Sarnoff Six, so you're -- Mr. Fernandez: Well, no, no. That's what's permitted. What it would be is about ten. Mr. Lewis: That's right. We're -- Commissioner Sarnoff Under Miami 20 [sic], you'd have more? Mr. Lewis: Hold on, hold on. There's a confusion. Lourdes Slazyk (Zoning Administrator): No. No, no. Let me -- Mr. Lewis: There's a confusion. Ms. Slazyk: -- see ifI can fry to answer it. Miami 21 -- Mr. Lewis: He's speaking FAR. Mr. Fernandez: All right. Let Lourdes -- Ms. Slazyk: -- has a base -- is proposing a base FLR of 6. What they want is 10, so -- Commissioner Sarnoff OK. That was -- Ms. Slazyk: -- that's the answer. Commissioner Sarnoff -- pretty clear. That was pretty -- Mr. Fernandez: Right -- Commissioner Sarnoff -- straight. Couldn't get that one out. Mr. Fernandez: -- but -- Commissioner Sarnoff Maybe you better stay up there as a governor. Mr. Fernandez: -- almost everyone has conceded the fact that the FLR for T6-24 doesn't make sense because if you look at the FLR for T6-8, which is a much lower height, the FLR is actually higher. It allows an FLR of 8. City ofMiami Page 135 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Mr. Lewis: Correct, and T6-36, right next to us, hence our transitional project has an FLR for 12 up to 24, and that's one issue, as you may recall, I presented during Miami 21's discourse, the fact that there should be reconsideration with an adjacent zone, such as the T6-24, which we're fully compatible with in height, width, setbacks, as well as maximum floor plates. Our maximum floor plates are largely inferior to those required for commercial and residential structures. Therefore, our FLR should fall into place. Commissioner Sarnoff But it doesn't, right? Mr. Lewis: Unfortunately, as Miami 21 is currently drafted, it doesn't, and we consider it should due -- Commissioner Sarnoff So you're one of the buildings that would be severely -- Mr. Lewis: Yeah, handicapped. Commissioner Sarnoff -- affected by Miami 21 in two ways. You would be affected by height because you would have to purchase benefits of six stories. You'd also be affected because your FLR would go down about 40 percent. Mr. Lewis: Not quite 40 because recall, you have an FLR that starts at, in this case, as drafted, 6, but you get a 30 percent bonus to that FLR -- Ms. Slazyk: So you get a (INAUDIBLE). Mr. Lewis: -- in the public benefit program -- Commissioner Sarnoff Yeah, if he pays for it. Mr. Lewis: -- not just heights. Commissioner Sarnoff If he pays for it. Ms. Slazyk: If he pays for -- Mr. Lewis: Correct. Ms. Slazyk: -- it, that's exactly -- Mr. Lewis: Correct. Ms. Slazyk: -- they could get from six to nine paying for it. Commissioner Sarnoff Right. Mr. Lewis: That's right. Ms. Slazyk: Absolutely. Commissioner Sarnoff But I'm just using what he has of right. As of right, he has a 40 percent difference in FLR. Ms. Slazyk: From what to what? City ofMiami Page 136 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Sarnoff Well, unless I'm mistaken and unless -- Ms. Slazyk: OK. Commissioner Sarnoff -- you're not -- Ms. Slazyk: One point -- Commissioner Sarnoff -- you told me he's -- Ms. Slazyk: -- seven -- Commissioner Sarnoff -- going for a 10 FAR -- Ms. Slazyk: Yes. Commissioner Sarnoff -- he would get a 6 FLR under Miami 21. Mr. Lewis: Plus 30 percent -- Commissioner Sarnoff Well, wait, wait. Why do -- Mr. Lewis: -- as of right. Commissioner Sarnoff -- you don't get the plus 30 unless you pay for it. Ms. Slazyk: No, but that -- Mr. Lewis: Which we're willing. Ms. Slazyk: -- isn't what he has today. Remember, what we they have today -- Commissioner Sarnoff Right. Ms. Slazyk: -- is a 1.72 under 11000. Commissioner Sarnoff Right. I -- Ms. Slazyk: They're seeking a change to SD-6, which would allow a maximum in the 8.4 range. Commissioner Sarnoff Eight point four, right. Ms. Slazyk: Right. By covenant, they're proffering to only do 6, but that's 11000 talk. In Miami 21 talk, the base FLR would be 6. They could bonus up to nine. They want 10, but even to get the 9, they'd have to pay. Commissioner Sarnoff All right. Then I'm mistaken -- Ms. Slazyk: OK. Commissioner Sarnoff -- so they're pretty much staying within the Miami 21 -- Mr. Fernandez: Yes. Mr. Lewis: Yes. City ofMiami Page 137 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Sarnoff -- by covenant. Ms. Slazyk: A little bit higher -- Mr. Lewis: Yes. Ms. Slazyk: -- but, yes. Commissioner Sarnoff OK. Thanks. Mr. Lewis: Higher in FA -- in floor area -- Commissioner Sarnoff All right. Mr. Lewis: -- but still shorter and as narrow as required, so our volume impact is well within the 21 guidelines. IfI could walk through the building briefly? Vice Chairman Sanchez: Yeah, but let me interrupt you for a minute. Mr. Lewis: Sure. Vice Chairman Sanchez: Is there any opposition to this? Yes. OK All right. Please. Mr. Lewis: OK I'll be brief because we have a few other people we'd like to have speak, and just so you'll understand the concept of the building as well represented and presented by Ben. This is vertically integrated commercial mixed -use project. What I mean by that is it begins with a commercial galleria of approximately 35,000 square feet, moves up with fully lined and integrated robotic parking of five levels, and then eleven stories of office catering to recording studios, and all the support facilities that go with the mixed -media industry representing hundreds of millions of dollars last year, and hopefully, more next, and sited particularly right in the heart ofMiami's future media and entertainments district, so as we continue up the building, we complete these office facilities and day-to-day operations, which are also furnished with balconies and brise-soleil highly sophisticated facade systems to reduce heat gain, natural ventilation is increased, as well as open planting; you have a large urban presence on the facade that is composed with two vertical tubes, one at a lower height than the other, creating its skyline presence, as well as accented with the five -story hotel atrium that traverses the building east to west; above which you have the amenities, the spa facilities on the deck and the terrace you see here, and the images of the recording studios. Obviously, this is a green screen, and at the street, the building lifts its skirt and its facade system to create a circumambulating pedestrian arcade for the -- accenting the shopping experience, as well as the events that we hope to foster from jazz concerts to exhibitions and other. To continue at the top with the amenities, you finish with a few of the high -end condominium residential units; most of them double -story, and then a Zen garden and sky gazer terrace dining facility at the top. Commissioner Sarnoff Now, you may have to give Judith access to the Zen garden. Mr. Lewis: OK, so again, to reiterate just one thing, ifI may. The essence of our project that we consider justified, it comes back to the zoning envelope as well as the program. We have the program, we think, right on target. We have also a real issue with an underdeveloped zone that needs a transition from the taller 600- and 450-foot towers that are already approved between itself and the bay down to the lower 12-story, and in some cases, 157, the Filling -- depending on the project, buildings that are going to, hopefully, create the context further west. That transition has still not been created. In our project, we foster that transition building. If you were to draw a diagonal line from the current C-2 zoning, identified here in yellow with the City ofMiami Page 138 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 12-story scalar line, and then go up vertically to SD-6, what you here -- have now is a canyon or a wall effect, and that is one of the basis -- one of the main reasons why we're rewriting the Zoning Code is to avoid these severe adjacencies and problem densities, and therefore, the transition project, such as we've presented to you, compatible with Miami 21, so as we know it today, we think merits your approval, and I'll pass the microphone to, I think, Jordi Verite, who is a land owner and developer of Prema LLC, and then Paul Murphy. Jordi Verite: Good afternoon. I'm very happy to be here and be able to introduce you this concept. I have been the principal of Verite Distributors and Broadcast, the company, for 25 years, (UNINTELLIGIBLE) through the video industry. We -- Chairman Gonzalez: We need your name. Mr. Verite: Jordi Verite -- Vice Chairman Sanchez: Jordi Verite. Mr. Verite: --168 Southeast 1st Street. Our company basically is a large distributor of Sony products for Latin America. We are system integrators to the Caribbean. We have offices in Mexico, Argentina, Chile, and Panama, and we bought this land about three and a half years ago to do our main headquarters. When we started drawing the design and talking to our vendors and our suppliers, they showed such a great interest in being part of the project that we started to increase the size from four floors to five, from five to six. Before we knew it, we had so many people interested that we decide to go for the full project, to have a full facility, an island in Miami, be able to cater to the whole video industry. Most of our customers always complain that they come to Miami; they have to stay in Miami Beach; they have to film in downtown; they have to go and do everything in Coconut Grove, and they have to run to post production in Hialeah. It's very difficult for them. What we are offering here is a synergy of different vendors doing post production, doing rentals, doing service; we want to have a building. We want to have a hotel to accommodate the people working for the industry, a top floor restaurant to cater to the people coming to downtown and being able to have synergy also with the Omni and the Performing Art [sic] Center, and we have gather a lot of support from the industry in Miami. We have hundreds of letters of support from the industry, and we have most of our neighbors supporting us. As a matter of fact, we have two neighbors here that own about four acres of land around our project supporting us. We have the support from Parc Loft, which is the only building right now standing in the area. We have support of the Filling Station, which is the building that's being constructed as we speak now, and we truly believe this project is going to benefit the City ofMiami. It's going to show to the film industry in nationwide that Miami is really serious about bringing the business to Miami. The business in Miami caters for about 25 to 30, 000 jobs a year and about 150 million in revenues, so we have to compete with New Mexico, with Louisiana, with other states that bring a lot of help from the Government, but we have the sites, we have the employees to work; we have people willing to work for it, and we believe this is a nice project for City ofMiami, and it's going to bring a new renaissance to the arts and entertainment district. That's it. Chairman Gonzalez: Thank you. Does that conclude? Mr. Fernandez: We have -- Mr. Lewis: Right. Mr. Verite: Sorry. I have letter support from all the neighbors and also some production companies that got in the last week. I'm going to leave it here. Mr. Fernandez: I just wantHr. Paul Murphy to say a few words. City ofMiami Page 139 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Paul Murphy: Hopefully, very few words. I am a builder/developer here in Miami, and we're going to joint venture with Jordi and his partner on the project. We'll provide equity to move forward with working capital. We'll also provide the financing, which we have available, and we'll also be the general contractor on the project, so we're happy to be in Miami. We've been here for quite a few years. I know most everybody here on the Commission, and we're very much looking forward to this project. Thank you very much. Chairman Gonzalez: Thank you. Mr. Fernandez: Thank you. I think at this point we will simply reserve some time for rebuttal and answer any questions that you have about the project. Chairman Gonzalez: All right. Anyone from the public? Yes, sir. Saul Cimbler: Yes. Chairman Gonzalez: Name and address. Mr. Cimbler: For the record, Saul Cimbler, a zoning consultant and registered lobbyist for Jerin, which is a property owner in the area, and I have registered on their behalf to lobby for this project. Dean, with your permission, I'm going to move one of your -- Unidentified Speaker: Sure. Mr. Cimbler: Jerin's opposition revolves around its unique ownership of a property that's affected by everything that's going on in this area. What the fine folks from Prema haven't shown you is what's really going on in this area. I've fried to color -code it with my nine -year -old son's assistance, who's better at coloring this homemade map than I am. The big property that you see here -- and this is Exhibit for the record because I am going to submit it. This big property that you see here that's a contiguous yellow parcel is what is commonly referred to as the Bayview Marketplace MUSP (Major Use Special Permit). Subsequent to their obtaining that MUSP, they bought another three acres or so to the west of my client's property. My client's property is right here. That's the Jerin property, so the Jerin property breaks up, for some reason, two independent parcels of the Bayview property. Now the Bayview MUSP, as it stands now and with the development they seek, so there's no misunderstanding, is just on this east parcel, but Jerin is right here. Right across the sfreet is the Parc Loft [sic] project, which was a -- originally an apartment building project that Bermello & Associates had developed, and they eventually sold it, and it became a condominium project, mostly for people who don't live in the area; most of them are northerners. You can drive there at night, and I assure you, you're not going to find more than ten lights on 'cause Igo home that way everyday. I live in the Edgewater area. Now immediately across the sfreet, as we head towards downtown on the next block, this big parcel right here that's in crosshatch yellow, that's the Filling Station project. Now in between this Bayview MUSP west assemblage that we don't know what they're going to build on it and the Filling Station, there's another parcel here, which is -- all -- been known as the Style Craft building, and the Style Craft building right now is in play. There's work being done there, and you're probably going to hear something soon about somebody doing something there. Over here you have the Fortress assemblage, which is the warehouse, and then immediately to the east, as we approach Northeast 2ndAvenue, you have three parcels that are also getting into play, which include the Ace Hardware and the old Christmas place. These are all major assemblages that are sitting here waiting to see what happens, especially today, and I'll get to that in a minute, and the reason they want to do it is that they've come to you telling you that they want certain things. What they really want is to avoid what everybody else in this neighborhood has done. When Filling Station was able to go over the height that they were requested to in a C-1 district, they had to go in for a variance. What these folks are trying to do is to avoid and backdoor a variance. If they were to be required to go, like everybody else in this City ofMiami Page 140 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 C-1 district, they would need a variance because they can only go a hundred and twenty feet. They're going 31 stories. For simplicity's sake, they're going almost two and a half to three times what the law permits, so what they're trying to do is to create, through this SD-6, what your Planning and Zoning Department have identified to you as spot zoning, so what they are doing is, if they are permitted to do an SD-6 in this area -- which we'll get to it in a minute what the recommendations of the departments are -- they've got a de facto variance. They don't have - - they're not -- they're going to avoid doing what everybody else in the City ofMiami does, which is to follow the law and to ask for a variance. I would invite your attention to the fact that the Third District Court ofAppeal [sic] has already examined the use of variance and the avoidance of the law variance in Jerin versus the City ofMiami, which is a case that came out last year, and to the extent that it was unclear to the Legal Department -- Mr. Fernandez: I have to object for the record. Mr. Cimbler: Excuse -- Mr. Fernandez: That has absolutely no relevance -- Mr. Cimbler: --me. I didn't -- Mr. Fernandez: -- to the merits of this -- Mr. Cimbler: -- stop -- Mr. Fernandez: -- case. Mr. Cimbler: -- you. Please don't interrupt -- Mr. Fernandez: I just have to state my -- Mr. Cimbler: -- me. Mr. Fernandez: -- objection for the record. Vice Chairman Sanchez: All right. Objection for the record. Mr. Cimbler: Mr. Fernandez, it's so noted. As the Third District Court ofAppeal [sic] sent a direct bullet to the Legal Department, you cannot avoid the variance laws. They said it succinctly. It followed the Auerbach decision in Edgewater, and it made it very clear. What these folks are doing is asking you to send the case back to the Third District, in which this Commission will be in the embarrassing position, but for our opposition, of approving a de facto variance. They want a variance, let them come to you. You might get -- you might say that they're entitled to it, but that's what this is about, and when you look at the recommendations -- and now we go to Exhibit B, which I will also be presenting to the record. The Zoning Department -- the Zoning Board -- and I was here and I argued it -- looked at this project, and they looked at some of these graphs that I show showing this incredible, intense development in this two- or three -block area, and to quote the then head of the Zoning Board, she said, "It's getting to the point where in this area it's going to be just like the old show the Jetsons. We're going to have to walk around with back -- with jetpacks, " because that's exactly what's happening in this area. You have all these buildings being built on top of each other. The Prema property sits a hundred feet from the Bayview Marketplace, which I correct Mr. Fernandez. It's not 600 and -- a 750,000 square foot structure. That's a 2 million square foot structure -- and Ms. Dougherty is here. She can correct me -- 654, 000 feet of which is intended for retail, and originally was intended for residential. The rest of it is for a massive parking structure. Your Departments of Planning and Zoning looked at it, and I invite your attention to City ofMiami Page 141 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 their recommendation. When Zoning did their workup, they recommended denial, as did your board, and of the 15 criteria that were required, 14 of them -- your Zoning Department said this is not the way that this project should go. There was only one of them that they stayed neutral on, but everything else that you are required, as a Commission, by law to follow, your Zoning Department says you can't do. Now they summarized it by saying it's spot zoning. What the Zoning Department didn't make clear to you that the Planning Department didn't make clear to you when they told you it shouldn't be approved is that this is an application for a de facto variance, so when you sit there today, if you approve this project, what you're basically saying is we are now going to create a spot zoning. We're going to permit a variance, and for all those people who are sitting on the sidelines with other properties, they are going to come back to you, and they're going to say, "Wait a second. When Prema came here, they were only entitled to go a hundred and twenty feet. If you gave them a spot zoning, you've got to give us a spot zoning because you've now created a precedence in this neighborhood, " and that's what they're asking you for. They're asking you for a de facto variance. What complicates this even more isn't so much that it's a de facto variance, but you already have traffic congestion even there now. You now have other MUSPs that have been approved. For instance, Mr. Fernandez mentioned the Bayview Marketplace. When the Bayview Marketplace originally got its MUSP approval, they came here -- and Mr. Sarnoff, you were not on the Commission at the time -- but they made a lot of promises. One of the promises was that they were going to limit the egress and ingress of truck traffic right here on 17th Terrace. Guess what? You'll be soon considering a nonsubstantial [sic] MUSP modification that they're frying to push because they're now pushing traffic back towards the downtown area, which abuts the Prema property. Chairman Gonzalez: How much time are you going to need to conclude? Mr. Cimbler: I don't think I'll need more than ten minutes, but I'll try to speed it up. Chairman Gonzalez: Ten minutes? Are you an attorney? Mr. Cimbler: No, I'm not. I'm a zoning consultant, and I believe I have the professional right to make a presentation. Chairman Gonzalez: Are you a registered lobbyist? Mr. Cimbler: Yes, I am, sir, and I paid a $500 fee and a hundred on this one. Chairman Gonzalez: OK. Mr. Cimbler: You now have the Bayview Marketplace MUSP that's going to come back to you on a claimed nonsubstantial [sic] modification, in which they have now, instead of going here, they're redirecting traffic back through here, through 17th and 16th Street to get back in through here because they're now moving their loading docks from here to over here, so in summary, what's going on? You've got an area that is so congested now it can't even handle what's been planned. They're coming to you, and instead of building 120-foot story property that they're entitled to do, they're coming here and asking you, give us spot zoning. Give us a de facto variance, which is nothing more than a fancy term for an illegal variance, and the reason they want to do that is they couldn't get a variance because the Third DCA (District Court ofAppeals) made it very clear in Jerin versus City ofMiami, and if I'm wrong, there's the City Legal Department here to tell you that. Maria J. Chiaro (Assistant City Attorney): You're wrong. Mr. Cimbler: I urge you to read the opinion because they quashed it summarily, so in closing, it's spot zoning. The zoning that's in place is a C-1. There's a lot of talk; well, Miami 21 might permit this and Miami 21 might permit that. Well, as we sit here today on July 26, 2007, Miami City ofMiami Page 142 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 21 is not the law, and Miami 21 is not in effect, and if we were here after the passage ofMiami 21, maybe that would be a consideration, butl would tell you that it would be necessary to strike the record regarding any reference to Miami 21 'cause that's not what's in play. The only thing that is before you is should we allow spot zoning; should we allow a de facto variance. Yes, they're saying that the people from the Parc Lofts are for this. Yes, the developer of Parc Lofts is here; he's for it. I would like to know how many residents are here for it 'cause none of them are. Most of the residents live in New York. The Filling Station is for it. Of course, it's under construction, and the developer would love to see anything else happen here, so would --I warn you -- the owners of the Style Craft property, the Fortress property, and the other parcels that are sitting to wait and see when they can get on line for that spot zoning that they will be entitled to if you permit this to happen. I thank you very much for your consideration and letting me speak. Chairman Gonzalez: Thank you. Commissioner Sarnoff Wait. Mr. -- Chairman Gonzalez: Anyone else? Commissioner Sarnoff -- Chairman, could I -- Chairman Gonzalez: Yes. Commissioner Sarnoff -- ask him some questions? Mr. Cimbler, if you had the ability to sit on this Commission, what would go there? Mr. Cimbler: Commissioner, at this point, given the congestion that's there, I'm not sure anything can fit in there. Commissioner Sarnoff So leave it just -- Mr. Cimbler: I would -- Commissioner Sarnoff -- pretty much leave it the way it is? Mr. Cimbler: -- it would behoove you to leave -- people are entitled to build. I mean, I make my money mostly in the commercial, finance, and real -- commercial real estate business. People are entitled to build. When they bought, they knew that they had an entitlement. Let them build whatever a hundred and twenty feet permits them to build. They're entitled to do that. They're very nice people; I've met with them. They're absolutely perfect gentlemen. I think they have a per -- a beautiful project. Commissioner Sarnoff So your sole concern is the traffic that that will bring into the neighborhood? Mr. Cimbler: The height, the traffic, and the incompatibility -- Commissioner Sarnoff All right. Let's talk -- Mr. Cimbler: -- and the domino -- Commissioner Sarnoff -- about height. Mr. Cimbler: -- effect. City ofMiami Page 143 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Sarnoff Let's talk about height for a moment. You're concerned that the sun won't shine on your client's property, correct? Mr. Cimbler: No. Commissioner Sarnoff So why does the height disturb you? Mr. Cimbler: Because if you build a hundred and twenty feet, you can only have so many cars coming in and out. Commissioner Sarnoff OK, so it's the traffic that bothers you -- Mr. Cimbler: Traffic. Commissioner Sarnoff -- not the height. Mr. Cimbler: Well, the height is -- it goes -- Commissioner Sarnoff Well, I asked you a moment ago -- Mr. Cimbler: -- to me it goes part -- Commissioner Sarnoff -- the height would be the sunshine. The sunshine won't affect your client's property; ergo, you don't live there. You're representing your client; it won't bother your client -- Mr. Cimbler: My client's got an industrial -- Commissioner Sarnoff -- so we're only talking -- Mr. Cimbler: -- facility. Commissioner Sarnoff -- about the amount of cars that'll come into the neighborhood, right? Mr. Cimbler: To some extent. Commissioner Sarnoff What else do you have concerns about? Mr. Cimbler: We have concerns about the domino effect on that because if you let that happen, then you're going to let it happen to every other property. Commissioner Sarnoff What's going to -- Mr. Cimbler: If they wanted -- Commissioner Sarnoff -- what will happen to that neighborhood if we leave it just the way it is? Mr. Cimbler: That neighborhood's evolving beautifully. What's happening now is -- Laugh all you want. The Estefans own 14th Street. They bought it -- and you can look atMalmal Corporation for the laughers. They paid $675, 000 for that property five or six years ago. A developer from New York just bought the other 40 percent of the lot for 4 million. Commissioner Sarnoff When I was take -- Mr. Cimbler: It's going to develop. City ofMiami Page 144 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Sarnoff -- when I was taking notes, you said that the -- I think it was the property owners of the Lofts said they're waiting for anything else hap -- to happen. `Anything else happen," doesn't that mean nothing is happening? Mr. Cimbler: No. Commissioner Sarnoff And so -- Mr. Cimbler: The owners of these properties are waiting to see if they can get development rights that exceed what the law provides, so to the extent that there was any ambiguity in what I said, let me clarify that. That's what all these folks are waiting for, and if you'll -- you weren't on the Commission. Commissioner Sarnoff Right. Mr. Cimbler: Even when the Filling Station was approved and got their variance, they still came back six months later and asked for more because that's the nature of a developer. They're going to get and get and get until they're stopped, so let them build what the law provides. Jerin has no problem with that. When Jerin bought here, they knew that it was C-1, and they knew that one day possibly every single property there would be developed in this Omni area. It's not the Performing Arts area. Commissioner Sarnoff Well, do you concede that that area of the City needs employment opportunities? Mr. Cimbler: The whole City does. Commissioner Sarnoff Do you concede that area of the City needs employment opportunities? Mr. Cimbler: The whole -- this is no different than anywhere else in Miami. Commissioner Sarnoff Well, do you concede that street needs employment opportunities? Mr. Cimbler: Not necessarily more than others. Commissioner Sarnoff Oh, OK. Mr. Cimbler: The whole area does. I mean, this area needs it; the downtown area needs it. Mr. Regalado's -- Commissioner Sarnoff And you don't see a -- Mr. Cimbler: -- area needs it. Mr. Sanchez's -- Commissioner Sarnoff I understand. Mr. Cimbler: -- area andAllapattah needs more -- Commissioner Sarnoff You don't see a benefit of having a production studio in there? Mr. Cimbler: I see the benefit of -- you're now creating in here -- you've got a massive commercial property, and you're permitting residential, and then in the middle of it, you want to put a production facility. I don't know about you, Commissioner, but ifI paid a million and a half dollars for a unit at the Filling Station or over here, I won't be too happy to find out that this City ofMiami Page 145 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 is what's going on. And you know what's the sad part, Commissioner? These folks don't know because they haven't closed yet. Commissioner Sarnoff Do you really think anybody that purchased in the Lofts had an expectation that they were going to live in an exclusive residential community? I mean, I've been there many times. Mr. Cimbler: Just the few people that I've spoken to. Commissioner Sarnoff Well, there's very few people I can see that live there so, ergo, anybody that does move in there does it pretty much eyes wide open now and understands what live -work means. Live -work, do you concede for me, is a benefit to the City ofMiami? Mr. Cimbler: Every city. It would be great if we could -- Commissioner Sarnoff Correct. Mr. Cimbler: -- go to the forties. Commissioner Sarnoff It would take us out of the Middle East possibly because we wouldn't need to drive to work. Mr. Cimbler: Absolutely. Commissioner Sarnoff Ergo, we wouldn't need -- so if we build more live -work, are we not benefiting not only our foreign policy, but the green environment? Mr. Cimbler: Absolutely, but this is not a live -work project. Commissioner Sarnoff Why? Mr. Cimbler: This is a work -work project. Commissioner Sarnoff Unless I'm mis -- Mr. Cimbler: This is a production facility. Commissioner Sarnoff Correct, which is going to have, if I'm not mistaken, 26 residential units and a hundred and thirty-six hotel units. Mr. Cimbler: Right. When the Bayview Marketplace came to you -- Commissioner Sarnoff Right. Mr. Cimbler: -- and once again, with all due respect, you were not -- Commissioner Sarnoff I know. I wasn't here. Mr. Cimbler: -- on the Commission -- they told you they were going to put something like 28 apartment units -- Commissioner Sarnoff Supposing -- Mr. Cimbler: -- as liners; those are gone. City ofMiami Page 146 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Sarnoff -- but supposing, Mr. Cim -- Mr. Cimbler: They're now offices. Commissioner Sarnoff -- but supposing I was tough, supposing I made a man live up to his word -- Cimbler: Yes. Commissioner Sarnoff -- and supposing he comes to me in two years and says, "You know what, Commissioner? It's just not affordable. I really need an exfra 35 stories, and by the way, I need to obliterate Mr. Cimbler's -- Mr. Cimbler: Existence? Commissioner Sarnoff -- parcel of land." I mean, why couldn'tI just stand my ground and say, "Thanks, but no thanks"? Mr. Cimbler: You absolutely could, but the problem is -- as -- and you know that -- that if you create a legal precedent here and you permit this -- and let's just say that Jerin didn't appeal and this died here. How are you going to tell everybody else who wants to put a 30- or 35 foot project on each and every parcel no? Won't be able to. Now one of the things we didn't discuss is right across here on North Miami Avenue, you have another 55-story MUSP that's at the S -- the old S & S Cafeteria, and more importantly, as we get into Edgewater, which is the area you usually see me -- Commissioner Sarnoff Right. Mr. Cimbler: -- complaining about as an individual -- Commissioner Sarnoff Right. Mr. Cimbler: -- all those projects were built -- and when all those folks came here for MUSPs, they all argued don't worry about traffic on Biscayne Boulevard because we have Northeast 2nd Avenue and North Miami Avenue as secondary roads. Those are gone, so you're condemning those projects that are already in existence that are coming out of the ground, and hopefully, a lot more of them will, to not having road access. I live in the Edgewater area now. I don't live too far from here. I have to serpentine every morning to fry to get on Biscayne Boulevard without getting killed. Mr. Fernandez: Are you referring to the Urbana project across from the Bayview Marketplace? Mr. Cimbler: Excuse me? Mr. Fernandez: Are you referring to the Urbana project -- Mr. Cimbler: No. Mr. Fernandez: -- across from the Bayview Marketplace? You just made reference to a project, another MUSP. Mr. Cimbler: I don't know the name of it, but if that's what it's called -- I don't recall the name of it, but it's the old S & S. OK, so -- Mr. Fernandez: Yes, it's Urbana. City ofMiami Page 147 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Mr. Cimbler: OK, so you got another -- Mr. Fernandez: You're just making my point, that we need a transition in this area. Mr. Cimbler: You don't need transition. Mr. Fernandez: I just want to confirm that. Mr. Cimbler: What you have -- you come to a point where you're overloaded, and you're overloaded here, and that's the point, and you're not creating, in this project, anything that's going to stop that overloading. You're creating a problem for yourself. Commissioner Sarnoff Let me close with one question to you. Would you not concede that it should be the City ofMiami's position, especially in this neighborhood, that we should restrict the movement of people as best we can by building buildings that allow them to live, work, and stay pretty much within a confined neighborhood? Mr. Cimbler: That's modern, urban -- Commissioner Sarnoff Modern -- Mr. Cimbler: -- goals everywhere. Commissioner Sarnoff -- planning for cities. Mr. Cimbler: Modern planning for cities, but they don't do it by increasing the density 300 percent. Commissioner Sarnoff OK. Commissioner Regalado: Mr. Chairman. Mr. Cimbler: Mr. -- Chairman Gonzalez: All right. Mr. Cimbler: -- Fernandez. Chairman Gonzalez: Thank you. Mr. Cimbler: And lwill say ldon't -- Chairman Gonzalez: Commissioner Regalado. Mr. Cimbler: -- I'm not entitled to rebuttal to the extent I need any. I'll do it on the second reading. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: I just want to say something because I been following -- and especially about the plans. Is it a production studios? A -- I've seen their catalogs and, to me, it seems that they are going to build a -- sort of a state-of-the-art production facilities, and Commissioner Sarnoff was talking about the concept of work and live. Now maybe people don't understand that production facilities work different than other office hours, and for the City ofMiami Page 148 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 technicians and the people that are going to operate that production facilities, be video or editing or music, they need to live there. They have to live there because -- Unidentified Speaker: Twenty-four hours a day. Commissioner Regalado: -- odd hours, you know. There's not going to be any noise because that's soundproof. I mean, you know, when you record, it's soundproof but to me, the concept of building a production facilities with places for people to live makes sense because, you know, these people -- the technicians will be working until 4 a.m., or start at 9 p.m., or starts at 6 a.m.; that depend on the way that the people want it, and in terms of the hotel, also makes sense because these are the people that will be doing the production of the tapes and the advertising, so to me, it's -- it makes sense as a concept for that area. Actually, it's very close to the Performing Arts. It's very close to American Airlines Arena, where you have all these festival. Remember, when you have a concert, you need to have your music ready. You need to practice. You need to have your -- what they call the soundtrack that they need for your dry run before the big concert, where you have the orchestra around, and that, to me, would be the logical place to do it. I just want to say that in terms -- because I know the industry, and I think that probably most people would think, well, you know, all right, 28 residence and hotels -- I think that being Miami one of the centers of productions for music and videos of all the Americas, you guys can fill those hotel rooms and those residence, and you know, I think the people need to know that; understand the -- that this is an industry that works different than other industry. Thank you. Chairman Gonzalez: Judy. Judith Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I hope that you will approve this building, and -- Commissioner Sarnoff We got you access to the Zen garden. Ms. Sandoval: Yes, thank you. Thank you. A special elevator going straight up there -- Commissioner Sarnoff It's going to be called the Sandoval Special. Ms. Sandoval: -- and I only wish to speak to one aspect -- I wish to thankHr. Regalado for his very, very professional review of how the building works. I only wish to speak to the aesthetics and the design of this remarkable building. It is an extraordinarily beautiful building. I was at the PAB (Planning Advisory Board) when it was reviewed and passed, and in fact, asked the architect to explain a little bit more about -- and I hope he will do it for you -- the skin of the building and how the light works as it works through the building, but wish to point out a few of the nicer aspects of the building that recommend, that admire, and think, in fact, gentlemen, you just approved a 70-story building which does not compare in the least aesthetically to the beauty of this one, and yet, it was touted as the landmark building for Miami. A bit too much hype, but anyway, did you notice the interesting and original transition as you move toward the top of that building, the variety? The other side is different, but it all works. I don't even have to say anything about the frees. They've got a big, wide side back -- sidewalk and lots of trees, and if the architect explains to you what this is going on on the outside and how it works through the building, and how these upper lobbies work. I mean, it's extraordinary. Would he do that? Chairman Gonzalez: Judy -- Ms. Sandoval: That's all wanted to say. Commissioner Sarnoff Judy, you know about the -- Chairman Gonzalez: -- time is up. City ofMiami Page 149 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Sarnoff -- disclosure ordinance, right? Ms. Sandoval: About what? Commissioner Sarnoff You know about the disclosure ordinance, don't you? Ms. Sandoval: On what? Oh, am I working for them? Commissioner Sarnoff Yeah. Ms. Sandoval: No. I'm only a -- Mr. Fernandez: I don't think so. Ms. Sandoval: -- lobbyist for aesthetics and beauty and elegance and everything that Miami should be and so often is not. Chairman Gonzalez: Thank you, Judy. Thank you. All right. This concludes the -- Applause. Chairman Gonzalez: --Anyone else? You want to speak on the item? Antonio Argibay: My name is Antonio Argibay, AIA (American Institute ofArchitects). I'm an architect, 907 Southwest 79th Avenue. The name of the firm is Meridian Design Associate [sic] Architects, and we have offices here. Our home office is in New York, Geneva, and Buenos Aires. Our specialty in our firm is media entertainment facility design, and I became very interested in this project as we practice here in Miami, and I know that time is limited, so I won't go into my personal qualifications, but just to express my interest in the project. First of all, I'm appearing pro bono, and our clients in Miami are many and varied, and I don't think it's appropriate to mention them all. However, they are the big networks, and as we all know, Miami, aside from New York, where our home office is, is the main media capital emerging where you have the greatest amount of networks. Those would be Telemundo, would be Univision, would be SBS (Spanish Broadcasting System) and others. This is certainly an industry that is very attractive to all, certainly one that is shaping the world, not only here in the United States, but throughout the world. The buildings that characterize the network you can see in the outskirts ofMiami; they're large, open space buildings. However, as you start thinking of a mature media market, you start thinking about vertical buildings that are able to handle small tenants that give you a full spectrum in this market. I speak to you as an architect, but I also speak to you as an architect that serves many, many people in this industry that ask me, Tony, what can you do for me in Miami? And many times, they walk away disappointed with the lack of opportunity. These clients are broadcasters, media companies, and entertainers. Entertainment is sports. Entertainment is wrestling. Entertainment is cooking. Entertainment is everything nowadays. Chairman Gonzalez: Thank you. Your time is up, sir. Mr. Argibay: Thank you, sir. Chairman Gonzalez: Next. Peter Michelin: Good afternoon. Thank you for your time, Commissioners. My name is Peter Michelin, 501 Northeast 102nd Street, Miami. I'm executive director of (UNINTELLIGIBLE) Cinema, California, Hollywood, and also, Watusi Entertainment here in Miami. I'd like just to City ofMiami Page 150 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 express my sympathy and support for this project. It's brilliant and seem to create a synergy between talent and technology under the same location. It's really what we looking for, OK, and that's all I have to say because I know the time is (UNINTELLIGIBLE) -- Chairman Gonzalez: Thank you, sir. Mr. Michelin: -- but thank you very much. Chairman Gonzalez: Thank you. Steven Turner: Good afternoon. My name is Steve Turner, 1331 Brickell Bay Drive, Suite 4209. As a producer in the entertainment business, I have a great deal of celebrity friends who use Miami -- South Beach, personally -- to do their living, and they drive to unsafe neighborhoods in Miami Lakes, Opa Locka, and Miami Gardens to do post productions. I think the building would be great for them 'cause they get to live there, and they don't have to travel outside the neighborhood to unsafe neighborhood, and that's all I'd like to say. Chairman Gonzalez: Thank you. Mr. Turner: Thank you. Saad Jerri: Good afternoon. My name is Saad Jerri. I live in 504 Alhambra Circle, Coral Gables. I'm a civil engineer and a producer, butl come here as part of the community. I've been here for 25 years. Miami's been a hub for me as far as my profession is concerned. I work on -- in projects in the Middle East, South America. We've seen the growth here as far as the stars coming down here enjoying themselves. Most popular stars have a home down here. I think that this facility will be fantastic for them because they can live down here, work, and bring great money into our economy. Chairman Gonzalez: Thank you. Mr. Jerri: Thank you. Chairman Gonzalez: Next. Gabriel Roccatagliata: Hello. My name is Gabriel Roccatagliata, president, Stonecut Entertainment. It's a TV (television) production company here in Miami. I'm working for Latin America. We have the -- we think the project is very good because we need a production space with hotel rooms in the same area -- It's -- the -- with parkings -- with parking space in the same area. It's very difficult for us when we make the casting, for example, in the downtown or the artist was in Miami Beach, we need a shoot in Hialeah or different areas ofMiami. We think the project is very good for the industry. Chairman Gonzalez: Thank you, sir. Jorge Di Cataldo: Hi. Chairman Gonzalez: Hi. Mr. Di Cataldo: My name is Jorge Di Cataldo, and we have some properties just across this project, my partner and me. We are present here just to support this project. The properties that we have is no less than 13 properties, different properties, just no more than one block from the project -- Chairman Gonzalez: Thank you. City ofMiami Page 151 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Mr. Di Cataldo: -- so if you know the area now, you know that there's no traffic at all in any time. There's no cars. That's why there are a lot of prostitute and drug dealers on this street because there are no [sic] so many people driving there, so any kind of project that anybody can do there, I welcome for us because it will impact the area in very positive way. Thanks. Chairman Gonzalez: Thank you. Hi. Andreas Ott: Good evening. Chairman Gonzalez: Good evening. Mr. Ott: My name is Andreas Ott. I'm a producer/director, 345 Ocean Drive. I live on South Beach. When I came to Miami -- I came to Miami for a reason, to work with my European clients here in Miami producing film, commercials, music videos. What we have now in Miami, mainly still photography, is where we have as built by Europeans still photographers in the '40s, built by still photographers from New York. There is a potential out there. People, they want to come to Miami, and especially now, Europeans, we have an exchange rate Euro dollar/US (United States) dollar today, 137, so basically, you come with 70,000 Euro dollars and you have about a hundred thousand. We have the right weather conditions. We have the right light. All we need to do is give them a place to work. We got actually, here in Miami, better conditions to start with than South Africa, Capetown, and advertisers bring now these days 300, 400 thou -- million dollars -- 300 to $400 million a year to Capetown, just in a few months, productions from Europe, north of Europe, wintertime. It's impossible to work exterior, so they have to move somewhere where it's warm. Of course, Europeans, they love to come in the US Film -- US market; it doesn't get closer, you know. There is no question to ask. People will come, and a project like this brings also jobs. Jobs means new talents. New talents are the reason for producers and directors to come to a place. Reasons like parking or the building is too high or it should be much bigger -- right next to a huge, big exterior studio will be perfect. Thank you -- Chairman Gonzalez: Thank you, sir. Mr. Ott: -- so much. Chairman Gonzalez: Thank you. Commissioner Regalado: Mr. Chairman, ifI may? Chairman Gonzalez: Yes. Commissioner Regalado: Just something about what the gentleman mentioned and other people have said, and this is a little personal. As you -- most of you know, I work in the radio, and about three or four weeks ago, the -- several radio stations of the company needed some promos right away, and all the studios were book in Miami, so they have to fly to Puerto Rico; do it in San Juan; come back. This is a reality. We do not have the capacity, the facilities in our area to take care of this industry. You know, people may think about the construction industry. The entertainment and advertising industry is ten time bigger than this construction, and I just thought that it's important that you know that for a little promos, people had to be flown to San Juan, Puerto Rico, because there were no studios available here in Miami -Dade County. Chairman Gonzalez: All right. Next. Yes, sir. Walter Moriarty: Good afternoon. My name is Walter Moriarty. I'm with the South Beach News newspaper, a publisher and a reporter, and I approached the Max Miami project looking for the downside, as we do when we're going to write a story. I couldn't -- frankly, I couldn't find City ofMiami Page 152 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 one. From environmental impact -- and by the way, I contacted Al Gore's office for a comment, and there's a letter coming from his office. Obviously, you can hear that I write a lot better than I speak, so forgive me. There'll be a letter coming from Al Gore's office commending you if you pass this for -- and all of the green projects you're doing, butt went a little further in writing the story. I went down; I got on the street. I talked to the people living in those back streets for jobs. Everybody was on board for this because they can walk to work. I then went on Craig's List and posted a notice for workers in that immediate area; 500 responses in two days, and we have those on file, but most important -- and I'd like to consider that I'm a good reporter, but I have to defer to today's Miami Today newspaper. On page 7, they did a tremendous story. Last month, Tallahassee passed a budget to provide $25 million a year for film production and incentives. This week, the County is proposing slashing the Miami -Dade Film Commission's office staff in half, and they're the backbone. You have no other flagship in this community. You're going to slash -- they'll -- the County will slash their budget. There'll be nobody to answer questions to -- and just while Tallahassee is giving $25 million a year -- production companies of people that I've spoken with in trying to write this story will take it to Daytona, Gainesville, or other (UNINTELLIGIBLE), and you're going to lose a great opportunity to have a New York equivalent of a Time Square, or a Hollywood equivalent of the Hollywood sign to be on the cutting edge in having something as cutting edge as Max Miami would bring you. People would walk to work; they'll take the tram to work. Max Miami, I found, is adjacent to the college, and nobody mentioned that the program has built-in provisions to work with the film students of the college that can come right through, get training, go to seminars; be involved in film production. All across-the-board, this turns out, I think, to be a win -win -win, and I thank you for your time. I hope you -- Chairman Gonzalez: Thank you. Mr. Moriarty: -- pass it. Chairman Gonzalez: Anyone else from the public? OK, come in, please. Carlos D. Winitzky: Good afternoon. My name is Carlos Winitzky. I live in 2464 Prairie Avenue, Miami Beach. I [sic] been involved for the last 30 years in the imaging business. I [sic] going to be brief. I think one of the things that we missed to talk about is the educational side of this project. As you know, there is [sic] still art schools in the vicinity, which I think -- and they must, these students, be able to use these facilities because, as we all know, the school system, in many things, they cutting back on these special project. I think this is going to be very useful for them to be able to have access to all these facilities on a regular basis. At the same time, I think also to -- in my business, as a small company, we are very limited of what we can do and what we can offer to our clients. In order for us to be able to rent these facilities as we need without spending all -- major money, it will be a plus. I will create more job, and I will be able to hire more people in my company to be able to deal with all this new business, so that's --I think this a great project. It's great for small owners that they need more exposure; be able to use those facilities for more time, and I think we need something like this in Miami. Thank you. Chairman Gonzalez: Thank you. Anyone else? All right. That concludes the public hearing; comes back to the Commission. Commissioner Sarnoff Mr. Chairman -- Mr. Fernandez: Thank you. Chairman Gonzalez: Commissioner Sarnoff. Mr. Fernandez: Brief rebuttal. I don't think I was entitled to -- City ofMiami Page 153 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Sarnoff Mr. Fernandez, I'm going to give you a piece of advice that a judge once gave me. Sometimes you don't need to say anything -- Chairman Gonzalez: You don't need -- Commissioner Sarnoff -- and he's a pretty -- Mr. Fernandez: Loud and clear. Commissioner Sarnoff -- and that was Judge Patterson in New York -- Commissioner Regalado: You quit when you're ahead. Chairman Gonzalez: You quit when you're ahead. Mr. Fernandez: I will. Commissioner Sarnoff -- but if you'd like to snatch defeat from the jaws of victory, you go right ahead. Mr. Fernandez: Absolutely will. I think you did an excellent job at cross-examination, by the way, Commissioner. I would simply clarify a couple of things for the record, ifI may, and one is that the Filling Station project west of this was not a variance. They did not request a height variance. They were rezoned to C-1, and the reason that that rezoning was approved, and then a subsequent rezoning to SD-19 for an FAR bonus was approved is because your own Comprehensive Plan calls for increased intensity in this area, so I will just say that for the record, and also, your own professional studies through Miami 21 demonstrate that our request is compatible. Thank you. Chairman Gonzalez: Before -- Commissioner Sarnoff Mr. Chairman, I would like to make a motion to approve -- Chairman Gonzalez: -- you make the motion, I had a request from the City Attorney; something that she wants to say on the record before we vote. Madam City Attorney. Ms. Chiaro: I want to advise the Commission that all references to Miami 21 are irrelevant. The only basis upon which you can make your determination is whether this is a proper change for the area based on the evidence that was presented before you, without considering any of the criteria ofMiami 21. Mr. Fernandez: In that case, counselor, ifI may simply expound on my rebuttal briefly. I think that the testimony that you heard from the witnesses that spoke are a testament to the fact that there is no traffic generation problem in this area, as well as our traffic study, which is substantial and competent evidence, support this application. Your Planning Advisory Board recommendation for approval and your UDRB (Urban Development Review Board) recommendation for approval will substantiate your action. Thank you. Commissioner Sarnoff Mr. Fernandez, this is not -- there's no MUSP attached to this, correct? Mr. Fernandez: There is a MUSP, and you will hear that at your -- at the next reading. Commissioner Sarnoff Next reading -- at the next reading. Mr. Fernandez: Correct. City ofMiami Page 154 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Sarnoff Would you prefer -- did you proffer any covenants? Mr. Fernandez: Yes. We proffered a covenant tying us to the plan, which you will hear at next reading for the Major Use Special Permit approval. Commissioner Sarnoff All right. Then, Mr. Chairman, I'd like to make a motion to approve this, as amended. Chairman Gonzalez: All right. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion, and we have a second. It's an ordinance. Madam City Attorney, read the ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Before roll call, just want to make sure we're showing this as modified. Is that what I understand? Ms. Chiaro: No. Unidentified Speaker: No. Commissioner Sarnoff I guess there was no modification. Chairman Gonzalez: There was -- Ms. Chiaro: There is no modification. Chairman Gonzalez: -- no modification. Commissioner Sarnoff I apologize. Ms. Thompson: Thank you. Roll -- Commissioner Sarnoff I stand corrected, once again, by the City Attorney; an absolute embarrassment to the general public. Ms. Chiaro: It was the City Clerk. Commissioner Sarnoff Oh, that's right, it was the City Clerk. Ms. Thompson: Roll call. Vice Chairman Sanchez? Vice Chairman Sanchez: For the record, I was watching it on Channel 77, so yes. Mr. Fernandez: I'm sorry, Commissioner? Vice Chairman Sanchez: I was watching it, so I wasn't present -- City ofMiami Page 155 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Mr. Fernandez: Thank you. Vice Chairman Sanchez: -- but I was in my office watching it, catching up on some things, so I'm voting yes on the item. Mr. Fernandez: Thank you. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: Yes, ma'am. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Mr. Fernandez: Thank you very much. PZ.15 06-02072zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), AMENDING PAGE NO. 23, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "C-2" LIBERAL COMMERCIAL TO "SD-6" CENTRAL COMMERCIAL -RESIDENTIAL DISTRICTS, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1603, 1611, 1615, 1621, 1631 NORTHEAST MIAMI PLACE AND 1604, 1622, 1630 NORTHEAST 1ST AVENUE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-02072zc Analysis - Modified.PDF 06-02072zc Analysis - OLD.PDF 06-02072zc Zoning Map.pdf 06-02072zc Aerial Map.pdf 06-02072zc Application & Supporting Docs.PDF 06-02072zc ZB 12-11-06 Fact Sheet.pdf 06-02072zc ZB 01-08-07 Fact Sheet.pdf 06-02072zc ZB 02-26-07 Fact Sheet.pdf 06-02072zc ZB Reso.PDF 06-02072zc CC Legislation (Version 2).pdf 06-02072zc Exhibit A.pdf 06-02072zc CC FR Fact Sheet.pdf 06-02072zc Submittal Articles.pdf 06-02072zc Submittal Letters.pdf 06-02072zc Submittal Resumes.pdf LOCATION: Approximately 1603, 1611, 1615, 1621, 1631 NE Miami Place and 1604, 1622, 1630 NE 1st Avenue [Commissioner Marc Sarnoff - District 2] City ofMiami Page 156 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 APPLICANT(S): Ben Fernandez, Esquire, on behalf of Prema, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to the City Commission on February 26, 2007 by a vote of 5-2. See companion File ID 06-020721u. PURPOSE: This will change the above properties to SD-6 Central Commercial -Residential Districts for the proposed Max Miami Major Use Special Permit. The applicant has proffered a covenant for these properties. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Note for the Record: Please refer to item PZ.14 for minutes referencing item PZ.15. Chairman Gonzalez: PZ -- Vice Chairman Sanchez: 15 is the companion. Chairman Gonzalez: --15 is the companion item. Request that the comments made on PZ.14 be incorporated on the record of PZ.15, if the district Commissioner approves that? Commissioner Sarnoff Yes, and I'd like to make a motion to approve it. I think this time I could say, as amended. Vice Chairman Sanchez: Yes. Commissioner Regalado: Second. Chairman Gonzalez: All right. We have a motion, and we have a second, as amended. It's an ordinance. Madam City Attorney, read the ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, as amended, 4/0. Ben Fernandez: Thank you. PZ.16 04-00081x RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY DENYING OR GRANTING SPECIAL EXCEPTIONS AS LISTED IN ORDINANCE NO. City ofMiami Page 157 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, CONDITIONAL PRINCIPAL USES OF C-2 LIBERAL COMMERCIAL, CONDITIONAL PRINCIPAL USES (12), TO ALLOW MULTIFAMILY RESIDENTIAL STRUCTURES OF A DENSITY EQUAL TO R-3 OR HIGHER, IN THIS CASE, R-4, AND ARTICLE 9, SECTION 917.6, REDUCTION IN PARKING REQUIREMENTS FOR HOUSING FOR LOW-INCOME FAMILIES AND INDIVIDUALS, TO ALLOW UP TO 50% PARKING REDUCTION, PROPOSED 194 PARKING SPACES, REQUIRED 265 PARKING SPACES, REQUEST TO WAIVE 71 PARKING SPACES (27% REDUCTION), FOR THE PROPERTY LOCATED AT APPROXIMATELY 3650 NORTHWEST 36TH STREET, MIAMI, FLORIDA. 04-00081x Analysis.pdf 04-00081x ZB Zoning Map.pdf 04-00081xAerial Map.pdf 04-00081x ZB Application & Supporting Docs.pdf 04-00081x ZB Plans.pdf 04-00081x ZB 04-09-07 Fact Sheet.pdf 04-00081x ZB Reso - OLD.PDF 04-00081x ZB Reso - Modified.pdf 04-00081xAppeal Letter.PDF 04-00081 CC Zoning Map.pdf 04-00081x CC Application & Supporting Docs.pdf 04-00081x CC Zoning Write Up & Plans.pdf 04-00081x CC Legislation (Version 3).pdf 04-00081x Exhibit A.pdf 04-00081x CC Legislation (Version 4).pdf 04-00081x Exhibit A.pdf 04-00081x CC 07-26-07 Fact Sheet.pdf LOCATION: Approximately 3650 NW 36th Street [Commissioner Angel Gonzalez - District 1] APPELLANT(S)/APPLICANT(S): Tony Recio, Esquire, on behalf of Pinnacle Plaza, Ltd. FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and approval with conditions* of the Special Exceptions. ZONING BOARD: Granted the Special Exceptions with conditions* on April 9, 2007 by a vote of 4-2. *See supporting documentation. PURPOSE: The approval of this appeal will allow multifamily residential structures for low-income families with fewer parking spaces than required without the additional condition imposed by the Zoning Board for one additional level of parking be provided to the amount of parking depicted din the plans on file, or its equivalent to be no less than 229 parking spaces. CONTINUED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to continue item PZ.16 to the Commission meeting currently scheduled for September 27, 2007. City ofMiami Page 158 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 PZ.17 06-00417x1 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING A SPECIAL EXCEPTION WITHOUT THE ADDITIONAL CONDITION OF PROVIDING TWENTY-FOUR ADDITIONAL PARKING SPACES (ON THEIR OWN PROPERTY) SUBJECT TO COMPLIANCE AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 917.6, REDUCTION IN PARKING REQUIREMENTS FOR HOUSING FOR LOW-INCOME FAMILIES AND INDIVIDUALS, TO WAIVE 76 OF THE REQUIRED 216 PARKING SPACES, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 244 AND 246 NORTHWEST 72ND TERRACE, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS: 1) THE APPLICANT SHALL PRESENT FINAL DESIGN DETAILS ON THE FACADES, INCLUDING COLOR, SIGNS AND MATERIALS FOR REVIEW AND APPROVAL BY THE PLANNING DIRECTOR PRIOR TO THE ISSUANCE OF A BUILDING PERMIT AND 2) THE APPLICANT SHALL ENSURE THAT THE PARKING SPACES ARE PROVIDED FOR THE RESIDENCES AT NO EXTRA CHARGE OR RENT TO ENSURE THAT THEY ARE UTILIZED AND THE VEHICLES DO NOT PARK ON THE ADJACENT STREETS UNTIL ALL THE SPACES IN THE GARAGE ARE USED. 06-00417x1 Analysis.PDF 06-00417x1 Zoning Map.pdf 06-00417x1 Aerial Map.pdf 06-00417x1 Application & Supporting Docs.pdf 06-00417x1 Plans.pdf 06-00417x1 ZB 03-26-07 Fact Sheet.pdf 06-00417x1 ZB Reso.PDF 06-00417x1 Appeal Letter.PDF 06-00417x1 CC Legislation (Version 3).pdf 06-00417x1 Exhibit A.pdf 06-00417x1 CC Legislation (Version 4).pdf 06-00417x1 Exhibit A.pdf 06-00417x1 CC Fact Sheet.pdf 06-00417x1 Submittal Census Tract.pdf Motion by Commissioner Spence -Jones, 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-07-0422 Chairman Gonzalez: PZ.17. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.17 is an appeal to the Zoning Board -- Unidentified Speaker: Thank you very much. City ofMiami Page 159 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Chairman Gonzalez: You're welcome. Mr. Lavernia: -- decision. It was originally an application for reduction of parking for housing for low-income families and individual. The Planning Department recommend approval with two condition. It went to the Zoning Board. The Zoning Board recommend those two conditions plus one additional condition to provide more parking. That is exactly what the applicant is appealing today. The -- even when the recommendation of the Planning Department said denial of the appeal, we have no objection to the appeal. What we want is our two original conditions on the final solution from this Commission. Chairman Gonzalez: What are the conditions? Mr. Lavernia: The applicant shall present final design details on the facades, including color, signs, and materials for review and approval by the Planning director prior to the issuance of any building permit, and the second one, the applicant shall ensure that the parking spaces are provided to the residents at no extra charge or rent to ensure that they are utilized and the vehicles do not park on the adjacent street until the space of the garage are used. Chairman Gonzalez: Is the applicant accepting these conditions? Mr. Lavernia: It is my understanding that the applicant was OK with the Planning Department condition. Yes, sir, but -- Chairman Gonzalez: OK. What is the problem then, the parking? Adrienne Pardo: Yes, just two things. We're requesting -- Priscilla A. Thompson (City Clerk): I need your name for the record, please. A name for the record, please. Ms. Pardo: Yes. Chairman Gonzalez: Your name for the record. Ms. Pardo: Adrienne Pardo, with law offices at 1221 Brickell Avenue. We accept those conditions. We're requesting that this Commission not require my client, the Gatehouse Group, to provide the additional 24 parking spaces, but in addition to, we're asking this Commission -- Vice Chairman Sanchez: Is this PZ.16 or 17? Ms. Pardo: 17. Chairman Gonzalez: 17. Ms. Pardo: 16, the applicant continued it. Chairman Gonzalez: 16 -- Vice Chairman Sanchez: OK. Chairman Gonzalez: -- was deferred. Vice Chairman Sanchez: OK. Chairman Gonzalez: That's in my district. City ofMiami Page 160 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Vice Chairman Sanchez: All right. Ms. Pardo: Right, so what we're also asking this Commission to do is -- our client had to -- reevaluated this project, and we're asking you to include a condition that says that we can provide our parking within 55 feet of the property, and that we will work with the Planning Department with regards to the design of that parking structure, and also that we submit a unity of title with it. Chairman Gonzalez: But then you will be providing the required parking? Ms. Pardo: Well, what we have before you, it's a application -- it's an affordable housing project, so we have an application requesting a reduction in parking, which we're providing a reduction in parking. It's basically one per one per unit. I think maybe -- Chairman Gonzalez: I don't know. Ms. Pardo: -- I should present the whole thing. Commissioner Spence -Jones: Yes, please -- Chairman Gonzalez: It's up to -- Commissioner Spence -Jones: -- yes, it's -- Ms. Pardo: I think -- Commissioner Spence -Jones: -- you can go ahead and present. Ms. Pardo: -- would like to. I see some people shaking their heads. My name is Adrienne Pardo, for the record. I'm here today on behalf of the Gatehouse Group. With me here today is Mr. Marc Plonskier, who is the present of the Gatehouse Group, as well as Jim Koningisor, the project manager. I also have with me today Kobi Karp, our architect of record, Juan Espinosa, our transportation consultant -- Chairman Gonzalez: But let me tell you. Ms. Pardo: Yes. Chairman Gonzalez: Let me tell you. The issue here -- Ms. Pardo: Yes. Chairman Gonzalez: -- is a variance on parking, OK? Ms. Pardo: It's not a -- Commissioner Spence -Jones: Yes. Ms. Pardo: -- variance. Chairman Gonzalez: Well, a reduction on parking. Ms. Pardo: Yes. City ofMiami Page 161 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Spence -Jones: Reduction. Ms. Pardo: It's a special exception. Chairman Gonzalez: So you know -- Vice Chairman Sanchez: Reduction. Chairman Gonzalez: -- I think we need to focus -- we don't want to go into the traffic consultant Commissioner Spence -Jones: No. We don't have to do all -- Chairman Gonzalez: -- and engineers and -- because the issue is parking -- Ms. Pardo: Right. The reason we -- Chairman Gonzalez: -- so -- Ms. Pardo: -- have a fransportation consultant -- Chairman Gonzalez: Yes. Ms. Pardo: --is because he evaluated a prior project. It's just as important to the Gatehouse Group to provide enough parking for their -- Chairman Gonzalez: Let me tell you. Ms. Pardo: -- projects. Chairman Gonzalez: Let me tell you -- Ms. Pardo: Yes. Chairman Gonzalez: -- once again. It's not my district; it's Commissioner Spence -Jones district, but you know -- Commissioner Spence -Jones: I mean, I'm -- let me just say this. I'm very familiar with the area. Chairman Gonzalez: Right. Commissioner Spence -Jones: You're right, Commissioner Gonzalez, it is in my disfrict. As a matter of fact, it's actually in an industrial area within my district. I don't know if -- you don't have to do the presentation on fransportation. If you could just, at least, make sure we understand what the project is. I think that's really important. Ms. Pardo: Yes. OK, I will. This project is an affordable housing project. It will have a total of 124 units. There will be 44 one -bedroom, 36 two -bedroom, and 44 three -bedroom units. It is geared toward, obviously, providing affordable housing projects. It's been awarded their tax credits, and so they're ready to proceed. It's extremely important, we believe, for the neighborhood. This particular developer has done a lot of other development within the City of Miami, and they've evaluated as to how much parking is needed, so it's important for them to provide sufficient parking. What they're proposing here is that there would be 1.1 parking spaces per unit, and they've determined that that is sufficient for these projects. We also -- what I'd like to mention is we had looked at the census information for this particular disfrict. The -- City ofMiami Page 162 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 this is a copy of the census tract for this particular neighborhood, and we looked at the rental properties in this particular district, and it was determined that, out of the houses they evaluated, there were approximately 1,200 homes that basically they had .8 cars per unit. We are providing 1.1 cars per unit, so we're exceeding that requirement that we found is necessary. The Gatehouse Group also has other projects in the City ofMiami. They had an initial project called the Miami River Park Apartments, and they built all the parking, and they have found that that parking garage, the majority of it, is empty and that all that parking isn't necessary, so it's a waste of the -- it's a waste to build a parking structure when you don't need that additional parking. It's a waste for the monies that can go into affordable housing to go into that parking structure. That's a big thing because we know those monies are limited. They're limited from the City; they're limited from the federal government; they're limited from the developer, and we want to be able to provide units. Also, what's different in this particular property, as well, ifI could add, is that this is a 70-foot right-of-way, and they can provide -- Vice Chairman Sanchez: Parking. Ms. Pardo: -- approximately 20 additional parking spaces -- Vice Chairman Sanchez: Metered? Ms. Pardo: -- on the street. Now this wouldn't be -- Vice Chairman Sanchez: Metered parking? Commissioner Spence -Jones: Or open. Vice Chairman Sanchez: Or open parking? Is that --? Ms. Pardo: It wouldn't be metered parking. Commissioner Spence -Jones: It'd just be regular parking. Ms. Pardo: I mean, we could talk to Department of Off-street Parking if you wanted to put -- Commissioner Spence -Jones: No, I don't want to -- Ms. Pardo: -- meters in there, but they could -- you know, there's plenty of room to put that parking here that would be open for anybody within this area. Vice Chairman Sanchez: All right. Let me just get this clear. Ms. Pardo: Yes. Vice Chairman Sanchez: This is an appeal, OK? Ms. Pardo: Yes. Vice Chairman Sanchez: Your client is asking for a reduction of --forget the 1.1; people don't understand that -- 76 parking spaces out of the 216 that you're required, correct? Ms. Pardo: Yes. Vice Chairman Sanchez: OK. The Zoning Board granted the special exception, right? Ms. Pardo: They approved it. City ofMiami Page 163 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Vice Chairman Sanchez: Right, 24, and then they also put conditions that you had to what, come up with 24 more parking spaces? Ms. Pardo: Yes. The Zoning Board approved it, but they said, in addition, we want you to add 24. Vice Chairman Sanchez: So that took you to a total of 24 --164. Ms. Pardo: One forty-four -- one forty and twenty-four -- yes, one sixty-four. Vice Chairman Sanchez: OK. Ms. Pardo: We're asking to provide 144 parking spaces. Vice Chairman Sanchez: Yeah, but they're asking you to come up with 164. Ms. Pardo: They wanted us to come up with an additional 24. Vice Chairman Sanchez: OK. Commissioner Sarnoff One sixty-eight. Vice Chairman Sanchez: Yeah. No, I got it. OK. Ms. Pardo: So what we are asking this Commission to do is we want to provide -- and I didn't get a chance to get into this, but -- Vice Chairman Sanchez: You're here -- Ms. Pardo: -- with this particular -- Vice Chairman Sanchez: -- to appeal the Zoning Board. Ms. Pardo: Yes -- Vice Chairman Sanchez: OK. Ms. Pardo: -- but in addition to -- I mean, this particular project, it has a lot of really nice features. They're not just trying to provide a minimal project. They provide computer labs. There's a huge amount of green space that we're providing and a tot lot; well exceeds the green space that is required, so what we want to do is, we have the project here; we'd have some parking spaces here. This is part of their project, and put additional parking over here, within 55 feet, so that's what we are asking for, and -- Commissioner Spence -Jones: Mr. Chairman. Ms. Pardo: -- we would request a motion for approval with regards to that, and including that we provide it all together by a unity of title. Vice Chairman Sanchez: All right. Commissioner Spence -Jones: Are there any -- is there any opposition? Is there any oppo --? Are you finished? Is there --? City ofMiami Page 164 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Chairman Gonzalez: Commissioner Jones [sic], yes? Commissioner Spence -Jones: I don't know if there's any opposition. You want to ask if there's any opposition? Chairman Gonzalez: Is there any opposition on this item? Anyone from the public that wants to speak in opposition to this item? Judy. Judith Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I've wanted to make a general remark about the reduction in parking for a very long time as I listen to all these affordable housing units -- and this is not to do with this project, but I'll only take a half a minute. I regard reducing what's required in parking for affordable housing as discriminatory toward poor people, and poor people, sometimes everybody in the family has to work. In neighborhoods that I know of -- there's one right next to me, Golden Pines -- there's a lot of cars; they cover the whole front yard because everybody needs one of these beat -up, old cars to get to work because we do not have the public transportation in this city that provides a means of people going to work, so I'd just like you to bear that in mind for the future whenever one of these reduction -in -parking -for -affordable -housing projects comes to mind. Thank you. Chairman Gonzalez: Thank you. Commissioner Spence -Jones: Ms. -- any other opposition? Chairman Gonzalez: Anyone else? Anybody in opposition to this item? Seeing none, the public hearing is closed; comes back to the Commission. Commissioner Spence -Jones. Commissioner Spence -Jones: Thanks, Judy, definitely for your input, and I, you know, most of the time, agree with you. I believe I had an item similar to this not too long ago, where there were -- they were actually asking for a reduction of parking. I actually went out to the site myself to kind of look in the neighborhood to see how close it was to an abutting neighborhood, houses in the area. This particular property's a little different. It is in an in -- kind of in an industrial area. On the -- behind this property, there's another affordable housing project going up, which is -- I think it's a YMCA (Young Men's Christian Association) affordable housing -type project happening very close to it, but for the most part, everything else surrounding around this, most of the people work in the day, and they're gone at night, and I didn't have an issue with reducing parking because I know that there's going to be enough places to park on the streets or, at least, close to the facility without it affecting any neighbors or any housing, so to me, that was really, really important. Also, this is Little Haiti, and the reality is, in Little Haiti, I need more housing. The housing in Little Haiti is inadequate in many places. People are living in two or three -- two or three families living in two -bedroom apartments or two -bedroom houses. The landlords that own the facilities or the homes in those areas are not taking care of them, so there's a lot of reasons why we need more housing in Little Haiti, so whatever I can do to increase the housing in Little Haiti is what I'm trying to do, so for me, I don't have any issues. The comment came up about public transportation and poor people not having -- having more than one car, and that is true, Judy, most of the time. I can say, though, in Little Haiti, that is -- that particular community does use the bus system a lot, so I don't think that that's really going to be an issue for them. It's more important for me to have housing happening in my district, and especially in the Little Haiti area, than anything else, so with that being said, I'd like to move this item. Chairman Gonzalez: You're moving to grant the appeal? Vice Chairman Sanchez: Second, for discussion. Chairman Gonzalez: All right. We have a motion, and we have a second. Discussion. City ofMiami Page 165 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Sanchez -- Vice Chairman Sanchez, you're recognized. Vice Chairman Sanchez: You know, I agree that lack of parking hurts the quality of life, but when -- it's a double-edged sword, to be honest with you, with all the costs going up on affordable housing and, you know, parking is money; it takes money. I've looked at the affordable development in the City, and just about everyone's complaining about the high cost of construction, and they're trying to subsidize it with the parking. The only thing that want to do is look at the entire area and see if-- you know, is that the only one in the area? Is there any other way where 24 parking spots, could they be in front of the property, as you stated? I want an assurance that maybe 24 cars could park in front of the area that you indicated. If there's 24 parking spots, that's easier for me to swallow, butl -- Ms. Pardo: There are -- Vice Chairman Sanchez: -- tend -- Ms. Pardo: -- here. Vice Chairman Sanchez: -- to think that, at times, you know -- poor people have cars. That's -- it's a myth that they have one car. No, they have cars. They have more -- I would say more than the average person because they're [sic] all work and they all need to get to work, and they're all going to have cars; maybe not the nicest car in the world, but it's a transportation, if they don't use the public transit, but you know, I need to have an assurance that at least those 24 spots are going to be able -- Ms. Pardo: Those 24 can be built on the sfreet. There's space here to put in the 24 space -- the 24 cars. Commissioner Spence -Jones: And Adrienne, would they be willing to definitely build that out so that it happens? Ms. Pardo: Yes, they would -- they could build that out -- Commissioner Spence -Jones: OK -- Ms. Pardo: -- for those -- Commissioner Spence -Jones: -- so if -- Ms. Pardo: -- cars. Commissioner Spence -Jones: -- Commissioner Sanchez feels very strongly about -- Vice Chairman Sanchez: If they proffer that -- Commissioner Spence -Jones: -- that -- Vice Chairman Sanchez: -- condition -- Commissioner Spence -Jones: -- I'm fine with that. Ms. Pardo: Right? Yes, we can put that -- we can put the parking on the sfreet. That's no problem because it's platted with a 70-foot-wide street, and this sfreet is really only -- it's only going to be 50 feet, so there's plenty of space on both sides of that street. City ofMiami Page 166 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Vice Chairman Sanchez: Well, the issue is, if they don't park inside, they're going to park on the street, and knowing that they're going to have an opportunity to park their cars near that -- Ms. Pardo: Right. No, 'cause we -- Vice Chairman Sanchez: -- property, it's even better. Ms. Pardo: -- have the parking here, so we would just -- we would request that you approve it, and we can include that -- you know, build out that parking and request that -- when we had met with Planning with regards to the site plan, they said they still wanted to work on the design of the front, which we had said -- Commissioner Spence -Jones: All right -- Ms. Pardo: -- we would proffer to do. Commissioner Spence -Jones: -- so Commissioner Sanchez has proffered that we at least -- I mean, not he has proffered, but I'm assuming your client has proffered that they would add the 24 on that, and I just want to say -- Ms. Pardo: On the street. Commissioner Spence -Jones: -- I just recently had -- and I don't -- and Commissioner Gonzalez, your item has -- was deferred today, but it is becoming a problem with the affordable housing projects that we're building in the neighborhoods and this issue of parking, and I just went to two grand openings in my district for affordable housing, and almost two floors of that garage was not being utilized, and it's a waste of money -- Chairman Gonzalez: It is a waste. Commissioner Spence -Jones: -- you know, so I would rather take that money and put it into the building, add more units, do something else -- Ms. Pardo: Amenities. Commissioner Spence -Jones: -- you know, amenities for the people living there, but two floors of parking was not being used. It's a waste. Vice Chairman Sanchez: All right. Chairman Gonzalez: Yes. Ms. Pardo: It is. Well, that's what they -- Commissioner Spence -Jones: Eighteen thousand -- Ms. Pardo: -- found in their studies. Commissioner Spence -Jones: -- dollars per parking space. I mean -- Chairman Gonzalez: And in add -- Commissioner Spence -Jones: -- families can utilize that $18, 000 doing something else. Actually, I would prefer that to go in their properties than some -- than to put it in parking spaces that they're not going to use. City ofMiami Page 167 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Chairman Gonzalez: And in addition to that, when you have one floor that is not being used -- Vice Chairman Sanchez: All right. Chairman Gonzalez: -- it invites to a lot of many other things -- Commissioner Spence -Jones: Right. Chairman Gonzalez: -- to happen in that building. All right, so we have a motion, and we have a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Maria J. Chiaro (Assistant City Attorney): Before the vote on the -- Chairman Gonzalez: Those opposed -- Ms. Chiaro: -- motion -- Mr. Lavernia: Mr. Chairman, I want a clarification. Ms. Chiaro: -- he needs to clari -- Mr. Lavernia: The motion was with the two conditions from the Planning Department -- Vice Chairman Sanchez: Yes. Mr. Lavernia: -- plus the condition that Commissioner Sanchez add to put 24 more parking spaces, plus the condition that -- conditions that the applicant offer on the records that one is the unity of title for the two properties, and the other one is? Ms. Pardo: Is to provide the parking within the 55 feet. Mr. Lavernia: OK, so -- Ms. Chiaro: And the motion is to grant the appeal. Vice Chairman Sanchez: Grant the appeal. Ms. Pardo: Right, and -- Chairman Gonzalez: To grant the appeal. Ms. Pardo: -- 24 on the street; the 24 -- Vice Chairman Sanchez: With -- Ms. Pardo: -- are on the street. Vice Chairman Sanchez: -- those conditions. Ms. Pardo: Thank you. Vice Chairman Sanchez: All right. City ofMiami Page 168 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Chairman Gonzalez: All right. PZ.18. Vice Chairman Sanchez: Did we vote on that? Chairman Gonzalez: Yeah, we already did. Commissioner Spence -Jones: We voted on it, right? Do we have to modi --? Ms. Thompson: Wanted to make sure that the resolution itself is going to be passed as modified because of the additional conditions? Ms. Chiaro: That is correct. Ms. Thompson: Thank you. Vice Chairman Sanchez: All right. For the record, it was passed, as modified. Madam Clerk, are we clear? Ms. Thompson: We sure are. Vice Chairman Sanchez: Crystal -- Ms. Thompson: Thank you. Vice Chairman Sanchez: -- clear? Clear as a bell? Ms. Thompson: Clear as mud. Vice Chairman Sanchez: All right. Ms. Thompson: Thank you. "[Later...]" Commissioner Sarnoff All right. Joe's -- Vice Chairman Sanchez: This -- Commissioner Sarnoff -- Commissioner Sanchez. Vice Chairman Sanchez: Before you leave, PZ.17, for the point of clarification, that was the affordable housing, and I think we forgot to mention that we didn't want meters in front of that, but we'll follow up on that with Off -Street Parking. We'll follow up -- our office will follow up with that. PZ.18 07-00202v RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING THE VARIANCES FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 907.3, SUBSECTION 907.3.2, RULE CONCERNING HEIGHT OF BUILDING ABUTTING RESIDENTIAL DISTRICTS, TO RELAX THE ADDITIONAL HEIGHT SETBACK WHICH REQUIRES A SET BACK OF ONE FOOT IN THE HORIZONTAL DIMENSION City ofMiami Page 169 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 FOR EVERY TWO ADDITIONAL FEET IN THE VERTICAL DIMENSION STARTING AT AN ELEVATION OF FORTY FEET ABOVE THE FLOOD LEVEL REQUIRED 40'0" WITH 63.43 DEGREE ANGLE, PROPOSED 107'6", REQUEST TO WAIVE 67'6", AND ARTICLE 19, SECTION 1901, ARTICLE 4, SECTION 401, RELAXATION OF BUILDING FOOTPRINT, TO ALLOW AN INCREASE FROM 40% TO 40.6% OF THE MAXIMUM ALLOWED FOOTPRINT, ALLOWED 8,757 SQUARE FEET (40%), PROPOSED 8,889 SQUARE FEET (40.6%), REQUEST TO BE WAIVED 132 SQUARE FEET (0.6%), FOR THE PROPERTY LOCATED AT APPROXIMATELY 1701 NORTHWEST 15TH STREET, MIAMI, FLORIDA. 07-00202v Analysis.PDF 07-00202v Zoning Map.pdf 07-00202vAerial Map.pdf 07-00202v Application & Supporting Docs.pdf 07-00202v ZB Plans.pdf 07-00202v ZB 03-26-07 Fact Sheet.pdf 07-00202v ZB Reso.PDF 07-00202v Appeal Letter.pdf 07-00202v CC Zoning Write Up & Plans.pdf 07-00202v Legislation (Version 3).pdf 07-00202v Exhibit A.pdf 07-00202v Legislation (Version 4).pdf 07-00202v Exhibit A.pdf 07-00202v CC Fact Sheet.pdf 07-00202v Submittal Proposed Project.pdf Motion by Chairman Gonzalez, 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-07-0423 Vice Chairman Sanchez: All right. PZ.18 is also a resolution. Roberto Lavernia (Chief of Land Development, Planning Department): It's an appeal also -- Vice Chairman Sanchez: It's also an appeal. Mr. Lavernia: -- of a variance. The variance is to waive 60 feet of height of the building in the angle abutting residential, and the second variance was to allow to have more footprint in .6 percent. The Planning Department recommend denial to the variance because there was no hardship to justify the variance, and even when we have no problem with the footprint, which is only .6 percent, we have a problem with the angle, especially through the residential area, so the recommendation of the Planning Department was for denial. They went to the Zoning Board, and the Zoning Board denied the variance, and they are appealing the Zoning Board decision tonight. Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. Let me tell you what my position is, and this in my district. I have a problem with the variance on the -- Could you please get at the podium so you can help me? I have a problem with the variance as far as the angle approaching the residential. Is it R-1? City ofMiami Page 170 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Vice Chairman Sanchez: Abutting? Chairman Gonzalez: What is the zoning on the abutting --? Mr. Lavernia: It's R-2. Chairman Gonzalez: R-2, duplex. To me, it's the same thing. As far as the request to waive 132 square foot, I don't have a problem with that because, let me tell you. It's less than a master bedroom, what we're talking to expand the footprint. Is that the building that they're proposing? Mr. Lavernia: Yeah. Chairman Gonzalez: Imagine what a big difference 132 square foot is going to make in that building. I mean, the -- to me, this is ridiculous. Bring this to the Commission is ridiculous, but anyways, the variance on the angle approaching the residential area, I do have a problem with that, so I don't know how we can -- How can we solve this? Help me out. Can I grant the appeal on the square footage and deny the appeal on the 60-foot variance? Mr. Lavernia: You can divide in two petitions and approve one or -- and do not approve the other one. Yes, you can do that, Commissioner. Chairman Gonzalez: OK. All right. You want to put something on the record? Chad Williard: Thank you, Chairman Gonzalez, members of the Commission. For the record, my name is Chad Williard. I'm an attorney, and my office is at 999 Ponce De Leon Boulevard, and I'm here today on behalf of Kenwood, with Kevin Vega, who is the sole owner and developer of the property, as well as the architect, Tony Rodriguez. I understand your concern. I would like to give you a little bit of the background about why we're here because, on its face, the variance looks and sounds bad, but there's a little bit of a back story as to why we had to bring this to you. We really had no other choice. In fact, had we known some of the facts previously, it probably wouldn't have gotten to this point, so if -- with your patience and permission, I'd like a few minutes to explain. You're right. We're here -- we went to the Zoning Board and were denied the variance request. The second request for the 130 square feet was never really the issue. The issue is the variance from the angle. We were denied at the Zoning Board, and that's really why we're here appealing today, but just a little bit of background, and I think Mr. Vega handed out some booklets that lay some of the stuff out. Under Tab 1, it kind of shows the timeline of the project, and that is important in this case for a couple of reasons. He did his due diligence on this property, as Mr. Vega himself would like to explain in a minute. This is his very first project. He took, literally, retirement money from his parents to buy this property, so he did a lot of due diligence beforehand, and was under the impression that he could build the building -- and this is a rendering of what we're proposing -- as a matter of right, without needing any variances whatsoever. He went -- you know, hired his architect; went to staff and no one, at any point in the beginning, ever refuted any of this, so he thought he was fine; submitted the plans, and right before final approval, was told, basically, oops, there's something that we didn't realize, which is this section of the Code, which is in -- under Tab 2, Section 907.3.2. Apparently, when he first bought this property in 2003, the rule was that so long as the rear of your property abutted C-1, there was no height setback whatsoever. His property abuts C-1, so he thought he had no problem. Apparently, this Commission -- and granted, that's why the Zoning staff is taking the position they're taking today is -- back in July of 2004, amended this section of the Code to change one very important word, and that word is it went from rear setback to all yard setback, which basically then meant if our side setback, which abuts R-2 -- all of a sudden, that created a height back -- a height setback variance that didn't exist before. He was processing all during that time. You approved it in July of 2004. Municode, which is the service that you all use to update your Code; it's what your staff and us, as the public, go to City ofMiami Page 171 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 when we're frying to see what the rules are. Municode did not send out the update to anyone -- to staff to us, to our architect -- until July of 2005, so even though you approved it in July of 2004 -- and that's in Tab 2, as well -- everyone was operating under the assumption that we could build this building as a matter of right. He was spending money on the plans, everything, up until the point where he was basically ready to pull his building permit and was told no, this actually was changed a year ago. We just didn't -- you didn't know about it until just now, so the fact is we do need the variance for that reason. The change in the Code from rear yard to all yard basically now says if you abut, in our case, R-1 or R-2, which is on our side, then this setback applies, and I can understand the reasoning for that, Commissioner, as you mentioned. I mean, if you are truly abutting with a tall building next to a true single-family or duplex community, then this rule should be in place to protect that. I can honestly stand here before you today and tell you I don't think that it was the policy of this board to prohibit a project like this when they made this Code change, and I say that because, if you look at this property -- and it's in your zoning packet -- the R-2 that we abut that triggers this whole mess, it's actually an aging apartment complex. It has six units. It's roughly 35, 40 years old. It's an R-3 use, so while your -- it's zoned R-2 and that's what triggered this, it's really an R-3 use, and if it was zoned according to what is actually there today, we wouldn't be here. It would be -- this building would be permitted as a matter of right. Now Zoning staff they really had no choice but to recommend denial for the reasons that I've stated, but this is really one of -- if there was ever a case where it's going to put a major hardship on a first-time developer, this is it. I mean -- and he did everything he possibly could have to avail himself of all the rules, and that's why we're here today asking for this variance, and there really isn't a lot wiggle room, Commissioner, in terms of how you can approve this. We've got -- and the architect can explain this. There's a dotted -line angle that shows what happens if we have to meet the setback requirement that's triggered by the R-2 to the side. It basically cuts off half the units. It cuts the building in half and just -- it makes it a completely unfeasible project, so without this variance, with the findings that I put on the record here today, this project can't be built. Basically, the property is worthless to my client. Also, again, if you look at the area, there may be certain places in the City where this new rule should be applied to protect the neighborhood. Again, with all due respect, I'd say this is not one of those areas. This property is on 17th Avenue. It's a very commercialized area, as, Commissioner, you know; it's your district. It is in need of this type of revitalization. This -- it's not, per se, an affordable housing project, like the item that was just before you, but it is being designed as sort of a no frills kind of project that is going to be more reasonably priced, that actually can be afforded by some of the urban workers in the area. It's not setting a precedent in the area. Actually, off 17th Avenue, a couple of blocks further east, is what's known as the Jenny Tower, which is a taller project with even more units that's already been built, so when you look at the benefits that you get by approving this variance and the fact you're not setting a negative precedent, you're bringing in exactly the kind of units that the City needs versus -- you weigh that versus what are the negatives, there really are none, other than you would be granting a variance from this technicality that believe was never intended to affect or impact a project like this in the first place. I believe Mr. Vega'd like to say a couple of words. With that, I'll close, and we're available to answer any questions that you have. Kevin Vega: Good evening. I just wanted to show you that if -- Unidentified Speaker: Did you state your name and address for the record? Mr. Vega: Sorry. My name is Kevin Vega. I live at 13025 Southwest 54th Street. I was born and raised here. I was actually born in Hialeah in Hialeah Hospital, and I understand what it is to be living in a duplex or an apartment building, and that's why I've tooken [sic] -- if you look at my time frame -- I've taken so much in designing. I actually designed this building, and especially, the apartments. I mean, my architect is here, and he could tell you that made them spacious. I actually reduced my profit just to make sure that whoever buys these are going to live in a very, very comfortable apartment. Some of these, as you can see in our pictures, apartments have very nice and large balconies and stuff like that 'cause I want people to have City ofMiami Page 172 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 space and enjoy. There is some pictures here of the Jenny Tower in number 3 -- Tab 3, as well as some pictures of the area. You could have some pictures -- I took some pictures of the area, also in Tab 3, where you could see the east, the west, and the -- you know, pretty much all angles of the area, if you haven't been in that area, and you'll see the commercial side of it, and it's not the prettiest area in the world, but) think it does have a lot of potential. We have the courts nearby. We have all the hospitals; University ofMiami, obviously, with Jackson Memorial. It does have a lot of potential; 836 is right there; the Orange Bowl is right there, and that's one of many reasons why I bought in this area is I see the potential with it, and again, is -- I'm not -- this is my first one, and I've been through a lot, and I've gotten a lot of experience through my -- what I've gone through, but) -- there is no hardship, I believed, in this area with this building. It's a nine -story building; it's not twenty -something, thirty -something. We're talking about nine stories here, you know. If we -- if that all or rear did not change in the zoning, this building would have been to Code. We have all the parking spaces that was requested. We have everything how it was requested before that word changed from "rear" to "all." I mean, we -- I didn't -- I told the architect I don't want to play no games. I want to do it as by Code and law and -- because I need to move on it as quickly as possible. I bought this in 2003. I don't even remember anymore. I mean, we're coming to 2008. Chairman Gonzalez: I know that you have been working on this for a long time because I have been --I saw the demolition -- Mr. Vega: OK. Chairman Gonzalez: -- of whatever was there. I can't remember what it was there. Mr. Vega: It was actually a roofing company. Chairman Gonzalez: It's been so many -- a roofing company -- Mr. Vega: Correct. Chairman Gonzalez: -- been so many years, and I kept wondering what was going on with that property, but the issue is the property abutting this -- they claim that what they have there now is six apartments, even though the zoning is R-2. Those are the problems that we have in this City - Mr. Vega: There's some -- Chairman Gonzalez: -- that you have -- Mr. Vega: -- pictures of it. Chairman Gonzalez: -- an R-2 zoning and you have 12 apartments; other areas, you have a single-family zoning, and you have six apartments. Then on the multifamily zoning, you have one single family, so you know, I mean, nobody can understand this big mess, so the property -- what -- you know, what I want to make sure is that this building is not abutting a single family. Lourdes Slazyk (Zoning Administrator): No. The adjacent zoning is R-2, and there's a grandfathered multifamily. Chairman Gonzalez: There's a grandfather multifamily. Well, that helps me reconsider my position because I'll tell you, against a duplex or against a single-family home, I will never, never approve this. Mr. Vega: And I wouldn't have bought it because I wouldn't have done that to -- City ofMiami Page 173 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Chairman Gonzalez: Let me ask -- Hr. Vega: -- some residents. Chairman Gonzalez: -- you a couple of questions. What are you going to have on the main floor of this building? Are you going to have -- is this going to be a mixed -use project? It's going to have commercial on the bottom or what? Hr. Vega: It's just condos. The first floors -- the -- actually -- these floors right here are all the parking spaces. I tried to cover it as much as I can so it blends in the building, and so you won't notice that it is parking -- the parking garage. It is a small -- Chairman Gonzalez: A small lot. Hr. Vega: -- it's a small lot, so I -- Chairman Gonzalez: I know it's a small lot. Hr. Vega: -- couldn't, you know -- so I tried to cover it as much as I could, and then the five stories on top are the apartments. I didn't put amenities because I wanted more of the money to go into the apartments, where there could be more -- spacious. The smallest one here is around 709 square feet. That is the smallest 1/1 that I have, and it goes up to 900 square feet, 2/2. Chairman Gonzalez: Any possibility of having any commercial on the bottom? Any commercial space on the bottom? Antonio Rodriguez: Antonio Rodriguez, (UNINTELLIGIBLE) Studio Architecture, 4808 Southwest 72ndAvenue. Yeah, there is always a possibility. Obviously, it would affect the parking -- Hs. Slazyk: The parking. Hr. Rodriguez: -- requirement and cause us to raise the building a little bit higher, but you know, there's certainly a possibility, sure. Chairman Gonzalez: Have you check -- you have checked this building, right? How do they look on green space? I mean, you know -- Hs. Slazyk: They were fine. Chairman Gonzalez: -- trees and -- Hs. Slazyk: They were fine. They were only over on the footprint by the small .6 percent and -- Chairman Gonzalez: Yeah, but that's -- Hs. Slazyk: Yeah. No. They were fine on everything else. The concern would be the parking. The parking is on the ground floor, and then goes up, and if they would remove spaces for commercial, they may be short or lose apartments. Chairman Gonzalez: No. I don't want to lose -- Hs. Slazyk: Right. City ofMiami Page 174 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Chairman Gonzalez: -- parking in that area because there are certain areas where you cannot have the flexibility to allow variance of parking, and this is one of those areas. I mean -- all right. Considering the fact that this building is abutting a multifamily building -- Slazyk: Yes. Chairman Gonzalez: -- six units, or whatever, eight units, whatever it is, I'm going to move to -- And let me ask you another question. How true is the fact that they were not notified of the changes and you people were not notified of the changes; nobody was notified of the changes? Ms. Slazyk: That's not a hundred -- this -- remember, this was adopted in 2004. Municode updates every six months to a year; we get the new supplements. Zoning staff had been given the copies of this ordinance, obviously, but it didn't appear in the book until mid-2005. That was still two years ago. It just took them that long to get their plans in and -- for the permit, and that's kind of nobody's fault, but Zoning staff had the information, but after they had received the information that it wasn't required, three years went by before they really came back in with the final steps of the permit, and by then, the new law was in effect for two years, you know. Mr. Williard: That's actually -- ifI could -- Chairman Gonzalez: All right. Mr. Williard: -- just rebut that part. That's why we submitted the timeline under -- Ms. Slazyk: Yeah. Mr. Williard: -- Tab 1 -- Ms. Slazyk: It was -- Mr. Williard: -- that shows that that's actually -- our timeline was not that. He bought the property in '03; started working with the -- Ms. Slazyk: Right. Mr. Williard: -- architect and with staff in '04. It was approved in July of '04. Ms. Slazyk: July -- exact -- Mr. Williard: It did not come out ofMunicode until July of '05. Ms. Slazyk: Right. Mr. Williard: That was when the supplement came out -- Ms. Slazyk: Well, it -- but -- Mr. Williard: -- so it was a year. Ms. Slazyk: -- it's a -- six months to a year is about the time it takes the supplements to come out. Mr. Williard: This one took a year, though, and that's not your fault;; it's Municode. Ms. Slazyk: Still, it was two years ago. City ofMiami Page 175 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Mr. Williard: Well, two years from now. We've been at this for a year -- Ms. Slazyk: I know. Mr. Williard: -- now. We've been flagged almost -- Chairman Gonzalez: And let me tell you. Mr. Williard: -- for a year. Chairman Gonzalez: Looking at these pictures, you know -- and I have seen this project because I drive by here almost everyday -- this is outrageous, and these people are building by right. These properties who are never here for any variance or any -- you know, I mean, they're huge, huge buildings abutting single family. Vice Chairman Sanchez: Not anymore. Chairman Gonzalez: Huh? Vice Chairman Sanchez: Not anymore in the Miami 21. Chairman Gonzalez: Well, not anymore, but you know, the buildings are being erected right now. Look at that. I mean, this is on 15 Street and 19th Avenue. The other one is on 15 Road -- Sfreet Road and 16th Avenue. This is crazy. Anyways -- Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. I'm going to move to grant -- Vice Chairman Sanchez: PZ (Planning & Zoning) -- Chairman Gonzalez: -- the appeal, based on the fact that this building is not going to be abutting a single family or a duplex. It's going to be abutting a multifamily building, so -- Vice Chairman Sanchez: Six units. Chairman Gonzalez: Six units. Mr. Williard: And beside that there's a four -unit one. Vice Chairman Sanchez: All right. Chairman Gonzalez: And also, the building is at a corner lot. It's facing 17th Avenue, and I believe, it's 15th Sfreet, so -- Vice Chairman Sanchez: All right. There is a motion by the Chair. Is there a second? And that motion is to -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- grant the appeal. Unidentified Speaker: You grant the appeal. Vice Chairman Sanchez: Second by Commissioner Regalado. The item is under discussion. City ofMiami Page 176 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Hearing no discussion on the item, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Mr. Williard: Thank you. PZ.19 07-00441ha RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY LUCIA A. DOUGHERTY, ESQ. ON BEHALF OF MIAMI RIVER HOUSE II ASSOCIATES, LLC., ("APPELLANT") AND AFFIRMING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH DENIED A CERTIFICATE OF APPROPRIATENESS FOR NEW CONSTRUCTION ON THE PROPERTY LOCATED AT APPROXIMATELY 1124 NW 11TH STREET, MIAMI, FLORIDA, WITHIN THE SPRING GARDEN HISTORIC DISTRICT, MIAMI, FLORIDA. 07-00441 ha Appeal Update.pdf 07-00441 ha HEPB Appeal Letter.PDF 07-00441 ha 03-06-07 HEPB Fact Sheet.pdf 07-00441 ha Zoning Map.pdf 07-00441 ha Aerial Map.pdf 07-00441 ha Application & Supporting Documents.PDF 07-00441ha HEPB Reso.pdf 07-00441ha Legislation (Version 2).pdf 07-00441ha Legislation (Version 3).pdf 07-00441 ha CC Fact Sheet.pdf 07-00441 ha Submittal Letter-Ruckle.pdf 07-00441 ha Submittal Fact Sheet & Photos.pdf 07-00441 ha Submittal Letter-Greenfield.pdf 07-00441 ha Submittal by John Kenny.pdf 07-00441 ha Submittal Articles.pdf 07-00441 ha Submittal Guide by Tamme Flood.pdf Motion by Commissioner Spence -Jones, seconded by Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0430 Vice Chairman Sanchez: All right. We move on. PZ.19. Chairman Gonzalez: PZ.19, Spring Garden Historic District. It's an appeal of Historic and Environmental Preservation Board. Hi. Good evening. Go ahead. Kathleen Kauffman (Planning): Thank you, Mr. Chairman. Mr. Chairman and Commissioners, I'm Kathleen Kauffman, preservation officer. This is a historic -- Spring Garden Historic District, and it's a new construction proposal that was denied by the Historic and Environmental Preservation Board, and staff request that you uphold the decision of the Historic and Environmental Preservation Board. The Planning Fact Sheet Planning recommendation said that it recommended approval of the appeal. This is a mistake in the Planning Fact Sheet. The City ofMiami Page 177 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 staff report had originally recommended approval when it went to the Preservation Board, but staff would not go against Historic and Environmental Preservation Board decisions. Chairman Gonzalez: Commissioner -- Hi. Lucia Dougherty: Good evening, Mr. Chairman, members of the Commission. Lucia Dougherty, with offices at 1221 Brickell Avenue. I have had this staff report for probably two weeks now, and this is the first time I've heard that, in fact, it's not recommending approval of the application, but instead, supporting the Historic Preservation Board decision, which was a decision, 4/3. It wasn't an overwhelming decision. With me this evening is Reinaldo Borges, who's the project architect, and it's an appeal from, again, the Historic Preservation Board. There were, again, four members only. We had four meetings with the Historic Preservation Board, six meetings with the Spring Gardens [sic] Homeowners Association, and we have modified the plans over five times. We regret we were unable to get a consensus by the Spring Gardens [sic] Homeowners Association, but this is a very modest project, and it's become somewhat of a labor of love for our architect. We -- let me just read to you what the Planning staff said in its original recommendation. Staff recommends that the application for Certificate ofAppropriateness be approved, subject to the following conditions, because the process of the work is -- addresses the issues of the compatibility in historic district in terms of the materials and features and satisfactorily addresses the issues of incompatible zoning in the historic district. They say that the secretary of interior standard state that the -- any new consfruction shall be differentiated from the old and be compatible with the historic materials, features, size, scale, proportion, and massings of the project and integrity of the project, and they have recommended approval to the Historic Preservation Board, and again, this is a project that, other than the fact that it is in the historic district, would be an as -of -right project, and in fact, we are not asking for any variances, no special exceptions, no rezonings, no Major Use Special Permits, and again, it's a very modest project. I'm just going to show you where it is. It is directly across the sfreet from the Winn -Dixie on 11 th Street, adjacent to Spring Gardens [sic]. Again, 11 th Street; here's the site. This is on page A-007, and again, across from Winn -Dixie, and it's actually buffering the Spring Garden. It's on the very edge of the Spring Gardens [sic] homeowners -- I mean, homeowners, and it's on the edge of the historic district. In other words, this building, which is the old Days Inn, is not in the district, but this one is just one building over. Again, I just wanted to show you this fact sheet, and I think that Reinaldo has passed out one for you -- each of you, but it -- this is an "0" zoning, and an "0" zoning allows for unlimited height, and the only uses that you can have in an "0" zoning is either an office or residential. You can't even have retail, which is across the sfreet. We had originally proposed 50,000 square feet of FAR (floor area ratio); 56 -- 50,642 is permitted. The project, as proposed now, is down to 38,388 square feet. Approximately 137 feet is allowed. The original design had 137 feet, and we're down to 74 feet. The -- 59 units were allowed. The original design had 40 units, and currently proposed is 30 units. Parking is required at 65. We had originally proposed 45; we now have 60 provide -- 60 spaces provided, and I think that the -- you have something wrong here. It's not required parking at 65. The rear setback (UNINTELLIGIBLE) is required. Fifteen feet was originally proposed, and now we're sitting the rear setback at 26 feet. Just want to show you one thing, though, is that in the rear setback, the next adjacent single-family home is actually owned by our developer, our client, so in other words, the most affected directly single-family house is actually owned by us, and in -- during the negotiations with the Spring Gardens [sic] Homeowners Association, we actually said to them we'd like to use this house as our sales center for these units, but after we're finished with it, we will donate it to you or to the City, or you can sell it. You can either use it, or you could sell it and use that money to apply to your clubhouse, which I understand is currently under consfruction, so these are the kinds of concessions that we made to the Spring Gardens [sic] Homeowners Association, and we had very many pleasant meetings with them, and unfortunately and regrettably, we were not able to come to a consensus. What they would like, I believe -- and I'm just going to show you this one here -- they would like a five -story building; currently, it's at seven and a half feet -- seven and a half stories. They would like a five -story building, which is the same as you see in this R-3 district, which is on the river. City ofMiami Page 178 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 The R-3 district is five stories is permitted, and you can see that there are certain -- there are 50 feet and five stories buildings that are under construction there. They would like the same for this "0" disfrict, which is a higher density, higher intensity district. In other words, this five -story zoning classification only allows 65 units per acre. The "0" disfrict up here allows for 150 units per acre, and as you know, to build a five -story building here costs the same amount of money as a five -story building on the river, but these are going to be much more highly desirable and would sell for a lot more, so building a five -story building, which costs the same as the river, would be completely unfeasible, so with that, I'd like to have Reinaldo Borges walk you through the plans and show you the iterations and why he thinks it's compatible with the district. Reinaldo Borges: Thank you, Lucia. Commissioners, Reinaldo Borges, with offices at 200 South Biscayne Boulevard, for the record. I will take you through, as completely as possible, a presentation, given the nature of where we're at with this appeal right now, and please forgive me for that because usually I wouldn't go to this extent under these exhaustive meetings. We did, from the beginning, walk the neighborhood. We did, from the beginning, understand the historic nature of what Spring Garden has become and the precious neighborhood that it is for all these neighbors that care so much for this community. We have, I believe, had plenty of meetings where we have listened. We have been as good listeners as we could possibly be, given the circumstances that I'm faced with as an architect representing the interest of our client. We are also, for the record, the architects on the adjacent project, which is being developed now where the old Days Inn hotel was, and that's a 27-story tower, and it's in the final permitting process right now, and I'll show you an image of that. From the beginning, the challenge for us is to be able to do a multistory building in a context where it's primarily single-family homes; that some are two stories and some are one story. We went around, tried to capture the architectural language of the neighborhood and tried to bring some of that to the architecture. In some cases, we disagree with some of the suggestions from the neighbors. For example, some neighbors wanted us to take the domes that are in this wonderful historic building and apply it to our building, which really, I think, would even further magnify the mass of the building that we're trying to present here. In your exhibit, you have a historic overview of where we've been with this design process, and we've tried different design languages, and none of the design languages have been acceptable to the community; they were all wrong. I have been, you know, told that really I'm kind of like a blind architect. This has been a very rigorous process for me as an architect, and it has been an act of love because, you know, we don't do these things lightly, so you'll see the evolution in this, and the difference in tone here is actually where the new skyline of our proposed design is, and the proposed design you have in this board here, so you will see that our attempt has been to reduce the profile and the presence of this building as it relates to the residential neighborhood. As Lucia noted, we do have a residential home here that we own and are currently using as a sales center, and we have fried to intensify the landscape buffer to beautify this edge. We have also applied stone veneer Key West style detailing to the balconies. We have tried to bring a fresh -- what we call a fresh modern architecture to the neighborhood. In the river, a project represented here in this image, and it's in your package on sheet 012, this is a project that was approved by the Historic Board. It is a five -story project. It is maxed out at its allowable height, at five stories, and these are condo flats, as well, and if you look at the architecture and the nature of this project, it does create, I think, a very refreshing Miami Modern building in this context, and we look at that context as something that we could further expand upon, and that's in the spirit of what we've taken the architecture that you see here. The unit typologies are actually very straight forward loft units. One of the reasons that this building is so simple is because we're trying to keep the typology simple, cutting down on the demand for parking, so that we don't have to intensify the massing of parking. The challenges with these parcels is that the depth of the parcel does really not allow for a lot of parking capacity within a parking garage type of structure, and that would actually further intensify the massing and the transition to the residential neighborhood, so what we have decided to do is to actually do a building that has only one and a half levels of parking. On ExhibitA-600 in your package, you will see the longitudinal section of our project, and we have half a level of City ofMiami Page 179 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 basement, so that we're further reducing the height and the presence of the building and one level of parking above ground, and then above that, we have the six residential level with very simple typologies of loft units that our client feels would meet the demand of this neighborhood. They've very sort of upscale, edgy units, very simple. The size is cost sensitive also for the neighborhood. Again, there have been all kinds of ideas thrown around. We could do an office building here, and we did discuss that with the neighbors. The effect that the office building would have is that in order to be able to develop the same amount of square footage on this site as an office, we would actually increase the requirement for parking, which would further bring mass to the project, and that was kind of anti -intuitive when you're frying to do a project that is as quiet and as polite as possible, so you see the profile here of the volume that is allowed that was in the original design in your Exhibit 501. You do see here the building that we're doing next door, which is known as River Garden Phase I, with all its amenities. It's a 27-story building, and it's moving forward at this point, and I think, with that, I'll just leave it for any questions. We have tried to reduce the impact of this project from the point of view of unit counts. We are down to 30 units, and our client believes that he has significantly reduced what he had originally considered to be his development rights. We understand that there's a question of appropriateness of scale in the context of a historic neighborhood, and that's always kind of a very subjective issue, and it's sometimes hard to design with these criterias [sic]. We have enjoyed collaboration with staff and we did enjoy recommendation from stafffor approval in front of the Historic Board. Thank you very much. Chairman Gonzalez: You're welcome. Commissioner Sarnoff But what were your client's development rights when he purchased the property? Hs. Dougherty: The same as they are now. Commissioner Sarnoff Which are what? Hs. Dougherty: One hundred and fifty units per acre, unlimited height, fourteen stories. I mean, that's what the -- that's what's -- Commissioner Sarnoff So why -- Hs. Dougherty: -- allowed. Commissioner Sarnoff -- are you here? Hs. Dougherty: Because I had to get a historic preservation Certificate ofAppropriateness from the Historic Preservation Board because it's in the district. Commissioner Sarnoff So you don't -- your development rights -- you really don't have those development rights? Hs. Dougherty: Yes, of course, I do. I have -- well, zoning goes out the window because I have to get a special permit? No. Commissioner Sarnoff Well, but don't you have --? Well, explain it to me because you're coming before us -- you had to go before the HEP (Historic and Environmental Preservation) Board. The HEP Board turned you -- Hs. Dougherty: The HEP Board cannot change zoning. The HEP Board can only approve projects based on compatibility -- that's the standard -- with the neighborhood. City ofMiami Page 180 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Sarnoff And they found it to be incompatible. Ms. Dougherty: They found it to be incompatible, 4/3, and wasn't going to raise this, but mean, to be told literally at the hearing that we are no longer supporting your application where this application or this staff report clearly says recommends approval of the appeal and approval, with conditions, of the Certificate ofAppropriateness -- I had a conversation with the Historic Preservation director not two hours ago. No one told me that they are changing their recommendation, and it is particularly -- and I wasn't going to raise this -- but it was particularly insightful to me when, at the Historic Preservation Board, two members of the board who voted against this, one of them works for the Spring Gardens [sic] Homeowners Association as an architect, and the other one lives in Spring Gardens [sic], so I wasn't going to raise that because it didn't matter to me, but now that somebody has actually changed their recommendation, I feel very -- Commissioner Sarnoff Pissed? Commissioner Spence -Jones: Actually -- Ms. Dougherty: I don't know what to say. Excuse me, yes. Commissioner Spence -Jones: Are we finished? I mean, is there anything else you guys need -- Ms. Dougherty: Oh, yes. Commissioner Spence -Jones: -- to add? Ms. Dougherty: We're finished. Mr. Borges: I just wanted to clarify, Commissioner. The blue area here is what we had considered the as -of -right -- our client purchased the property understanding that for "0" zoning, these were the development rights that he was allowed, understanding that there has to be a process of approval for compatibility and so on with the Historic Board. Commissioner Sarnoff Well, you see, what I'm frying to understand is the compatibility -- and maybe I should ask Madam City Attorney -- is it the same kind of compatibility as 1305? Maria J. Chiaro (Assistant City Attorney): No. It is the compatibility with the standards of the disfrict and to be consistent with the surrounding neighborhood, and I can read to you from the Code, but it is a general standard of compatibility and consideration of the designation of this disfrict, so each of the districts and -- will have different criteria, if you will. Commissioner Sarnoff No. I understand that, but you know what mean by 1305, or you want me to be more explicit? Ms. Chiaro: No. I know what you mean by 1305. That is a checklist. That is a specific checklist. This is a much more general standard. Ms. Dougherty: Let me say that -- I can read it to you. New construction shall be differentiated from the old, and will be compatible with the historic materials, features, size, scale, proportion, and massing to protect the integrity of the property and the environment. Commissioner Sarnoff So you said size and scale? Ms. Dougherty: I did, which is why we reduced it from 14 stories to 7. City ofMiami Page 181 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Sarnoff Yeah, but if you were a smart attorney -- and I suspect you are -- Ms. Dougherty: I don't know about that. Commissioner Sarnoff Well -- Ms. Dougherty: I may not be. Commissioner Sarnoff -- I'll give you the benefit of the doubt. You come in asking -- you know, you -- proposing a hundred and seventy feet, fully well knowing you're going to come down to seventy, ninety-five, or something. I mean, isn't that how every developer comes here? Commissioner, I started out at 35 stories, but now I'm down to 12. Ms. Dougherty: Not every developer, no, but -- Commissioner Sarnoff No? Just the time that I've been here? Ms. Dougherty: -- what -- what's your point? We did reduce it thinking that -- Commissioner Sarnoff No, I know, but -- Ms. Dougherty: -- it is more compatible. Commissioner Sarnoff -- did you come in with a realistic --? I mean, realistically, you started out at how many stories? Your first -- Ms. Dougherty: Fourteen stories. Commissioner Sarnoff -- one up there is -- Ms. Dougherty: Fourteen stories. Commissioner Sarnoff -- fourteen stories. You're right next to an R-1 neighborhood, and you thought to yourself gosh, this is compatible in size. This is compatible in scope. Ms. Dougherty: The answer is -- Commissioner Spence -Jones: Mr. Chairman. Ms. Dougherty: -- we are -- sit next to a 26-story building. That's what we're next to. Commissioner Sarnoff You're next to a 26-story building? Ms. Dougherty: Yes. Let me bring that story. Commissioner Spence -Jones: It used to be a twen -- right. Ms. Dougherty: No. It's been torn down, and this is what -- Commissioner Spence -Jones: Act -- Ms. Dougherty: -- is approved immediately adjacent to our -- this building. Commissioner Sarnoff So that's right next door? City ofMiami Page 182 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Ms. Dougherty: Right next door, right across the street. Chairman Gonzalez: That's where the (UNINTELLIGIBLE) used to be? Ms. Dougherty: That's right. It is outside of the district, but that's what's next door, and then show them the red building -- Commissioner Sarnoff But are we supposed -- Ms. Dougherty: -- on 11 th Street. Commissioner Sarnoff -- to consider what is compatible with the district? Ms. Dougherty: Yes. Commissioner Sarnoff So why are you asking me to look next door when it's not part of the district? Ms. Dougherty: Because you said you are only -- I'm just responding to what you said what's next door, and what's next door is a 26-story building. Commissioner Sarnoff But I'm supposed to be looking at size and scope of this disfrict, of this historic -- Ms. Dougherty: You're supposed to be -- Commissioner Sarnoff -- district. Ms. Dougherty: -- looking at general compatibility with the district, that's right. Commissioner Sarnoff One of the criteria being size and scope. Ms. Dougherty: Yes. Commissioner Sarnoff Correct? Ms. Dougherty: Yes, and this is the size of the building immediately adjacent to it. This is ours. Commissioner Sarnoff But why do you keep bringing me to a building adjacent to it when I'm supposed to be looking at the disfrict? Ms. Dougherty: Well, because it's right next to the district. It's right next to our property -- Commissioner Sarnoff But wouldn'tI be violating -- Ms. Dougherty: -- and this -- Commissioner Sarnoff -- the law? Ms. Dougherty: -- is -- Commissioner Sarnoff But won'tI be -- Ms. Dougherty: -- right next door -- City ofMiami Page 183 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Spence -Jones: Mr. Sarnoff -- Ms. Dougherty: -- as well. Commissioner Spence -Jones: -- Commissioner Sarnoff, you -- have you finished your presentation? Ms. Dougherty: We have. Commissioner Spence -Jones: This is a project that's truly in my disfrict, and I really would like to weigh in, butl would like to hear from my neighbors from my disfrict. Is there any way we could have that happen, please? Commissioner Sarnoff Yeah, I apologize. Commissioner Spence -Jones: No problem. Chairman Gonzalez: All right. This is a public hearing. Vice Chairman Sanchez: Nothing like an August meeting. Chairman Gonzalez: Please get in line. Commissioner Sarnoff What's that? Vice Chairman Sanchez: Welcome to the August meeting. Nothing like an August meeting. Gioia DeCarlo: Good evening. My name is Gioia DeCarlo. I'm an attorney. I live in the disfrict, and I'm here in a representative capacity for the Spring Garden Civic Association. Vice Chairman Sanchez: OK. Priscilla A. Thompson (City Clerk): I'm sorry. Your name, again, is? Ms. DeCarlo: Gioia DeCarlo. Vice Chairman Sanchez: All right. Good evening. How many speakers do we have? Ms. DeCarlo: Quite a few. Vice Chairman Sanchez: OK, quite a few. Everybody's going to have two minutes. However, I noticed that some speakers came in after they were sworn in, so Madam Clerk, let's go ahead and swear in the ones that have not been sworn in to testify, so everyone speaking on this item we'll swear you in, and when you reach the podium, we ask you to state your name and address for the record, OK? Swearing in. Ms. Thompson: I'm sorry. Anyone who's here remaining and going to be speaking on this item or any other items left for P&Z (Planning & Zoning), you -- I, please, need you to stand, raise your right hand so you can be sworn in. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. City ofMiami Page 184 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Vice Chairman Sanchez: OK. We'll start with the first speaker. Ms. DeCarlo: Well, I'm going to initially open as an attorney. Vice Chairman Sanchez: Yes, as an attorney. Ms. DeCarlo: OK. Vice Chairman Sanchez: You're recognized, counsel -- Ms. DeCarlo: OK. Vice Chairman Sanchez: -- and you have -- Ms. DeCarlo: This is -- Vice Chairman Sanchez: -- how much? Well, how much time did the other attorney have, in all fairness? Ms. Thompson: The other attorney had 22 minutes. Vice Chairman Sanchez: Ma'am, you're recognized for 22 minutes. Ms. DeCarlo: Don't know ifI need 22 minutes, but appreciate. IfI could use some now and perhaps some later. Vice Chairman Sanchez: You're recognized. Ms. DeCarlo: OK, great. This is an appeal from the HEP Board, as was said before, and the vote was 4/3 below. However -- and wasn't going to bring this up, but counsel -- current City counsel had incorrectly advised the board regarding what a denial would mean. She had said -- and I urge you all to please look at the record below because, as an appeal, that is part of the evidence on the record here. She had told them that if the appellant lost at the hearing, that they could proceed directly here and go for their 15 stories. A couple of board members found that surprising and asked her and said, you know, could that be, and she said, yes, absolutely. A couple of the board members had expressed concern saying, listen, you could go to the Commission and do worse and get 15 stories, and I had the feeling that they felt they had to deny it to protect us. Several of them said, including the two that she mentions, which the attorney did say -- could certainly vote; one that lives in our district and one is a architect we've worked with -- said that they felt the appropriate standard is the appropriate standard, and they were going to vote honestly, and they were not going to feel intimidated by the fact that we could come here and end up with 15 stories and have the district impacted more adversely, so that's the long and short of the 4/3 vote. The other thing is is counsel for the appellant says that this is a very modest project. She's being a -- modest herself in saying that. This is part of that 28-story building that she had told Commissioner Sarnoff is next door. She did put in her application that that's next door, but that is not built, and that is not approved, and we plan, under 1305, to oppose that building being built, but for now, it's a vacant lot being rented out for staging, as the 12th Avenue bridge is being done, and that is part of this project. This is phase II, and there's a phase III coming along that's a mirror image of this very project that's here before you. All in all together, it's 269 units; the 28-story, this one, plus another one, so very modest projects, perhaps they are really in the big leagues because we don't consider those 269 units, which is a vast increase in our total population and density, to be modest. The other thing is that wanted to comment on -- that was already addressed, about the significantly reduced blow. They did make an issue of coming before the board and meeting with us, but we felt that mere repetition of the same concept did not make it appropriate. Yeah, they tweaked it, and they told us they came City ofMiami Page 185 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 down from initial, which was such a quick drop from just talk, practically. We didn't really find that terribly convincing either, but I did want to ask attorney for the City on the record the standard of review on this hearing and the Code section on which she relies. Ms. Chiaro: Does the Chair wish me to answer the question? Vice Chairman Sanchez: Yes. Ms. Chiaro: The standard of review is the City Commission shall hear all and consider all facts material to the appeal and render a decision promptly. The City Commission may affirm, modify, or reverse the board's decision. In that modification, normally you consider modification to be less. However, it does not describe the modifications, so this board does have the ability to make the project requested larger. That was the basis upon which I rendered the opinion at the lower board. Vice Chairman Sanchez: OK. Ms. DeCarlo: I had spoke to counsel afterwards, and she told me that she had actually misstated, but that aside, this section, I understand to be that the standard of review is competent and substantial evidence, and that you may consider facts material to the appeal. This very same section says that in filing a notice of appeal, the appellant must concisely state the reasons and the grounds for the appeal. In the letter of appeal from counsel for the appellant, she states that her reason for appeal is that there was no competent and substantial evidence put into the record at the HEP Board meeting, and it is my position that you are here now not to reweigh, but to -- simply to see if there was evidence that supported that decision at the HEP Board, and there was. That -- there was plenty. Commissioner Sarnoff Actually, is that correct? Because I think we do reweigh today, don't we? Ms. Chiaro: Yes. You do weigh -- Vice Chairman Sanchez: Yeah. Ms. Chiaro: -- reweigh. You consider -- Commissioner Sarnoff It's a -- Ms. Chiaro: -- all facts. Commissioner Sarnoff -- de novo hearing, right? Ms. Chiaro: Yes, it is. Ms. DeCarlo: My position -- I'm going to put an objection onto the record because my position - - it is not a de novo hearing, and in fact -- and I'd like this -- I don't know -- Vice Chairman Sanchez: This is a de novo witness -- Commissioner Spence -Jones: It -- Vice Chairman Sanchez: -- hearing. Ms. Chiaro: It says consider all facts. City ofMiami Page 186 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Vice Chairman Sanchez: Yes. Commissioner Spence -Jones: Yeah. Ms. Chiaro: Affirm -- Ms. DeCarlo: It doesn't say -- Ms. Chiaro: -- or deny (INAUDIBLE) -- Ms. DeCarlo: -- consider all facts. It says consider all facts material to the appeal. Vice Chairman Sanchez: But you're objecting to it. Ms. DeCarlo: It is not -- Vice Chairman Sanchez: You're object -- Ms. DeCarlo: -- a de novo hearing. It's substantial and competent evidence. In fact, counsel for the appellant states that in her letter of appeal. Vice Chairman Sanchez: OK. All right. It's on the record. Our City Attorney disagrees with you, but it's on the record. Ms. DeCarlo: And I highlighted the second page on which she states her basis for appeal is that there is no competent and substantial evidence to support the decision -- Vice Chairman Sanchez: OK. Ms. DeCarlo: -- and again, facts -- in this Code section is qualified that it's facts material to the appeal. Vice Chairman Sanchez: All right. Ms. DeCarlo: I think that that's a stretch to say that you're a frier of fact and start all over again and brand new because then it would be -- how could you say material to the appeal if it's not as an appellate matter; that it's a brand-new hearing. What facts would be relevant to the appeal, and why restrict the facts? So that being said, I'm going to move on. At the HEP Board, we did prevent -- as I said, we did present substantial and competent evidence as to all the criteria in the Code. We presented how the project would adversely impact the neighborhood; the special character, historic, and architectural interest to the district; how this proposed project is just one piece of a larger development, which totals 269 units over the three buildings; and how what a huge increase it is to Spring Garden. We are the City's smallest district, and as that, we're very fragile. A change like this could completely change us. We presented evidence that the proposed work is out of scale; it's too massive, and in relation to the neighboring structions [sic], most of which are single -story, single-family houses, as are the abutting ones; the height, the spacing, the facade of the proposed project are incompatible with the current character and aesthetic value of the disfrict. We also presented evidence showing how the size, scale, proportion, and massing will damage the integrity of the disfrict in violation of the Secretary of the Interior "Standards for Rehabilitation" with regard to new construction in a historic district. It is clear that substantial and competent evidence was heard below in support of the decision of the HEP Board. You will hear today our neighbors, who will also discuss these issues. You'll hear from an expert that we have today, Mr. Lee Edgecombe, who's president of the Edgecombe Group, regarding the canyon effect in the disfrict if this project is approved and all its attendant long-term negative impact. Mr. Edgecombe is a licensed architect in six states. He's a licensed City ofMiami Page 187 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 landscape architect in three states, with his application pending here in Florida. He's an architect here in Florida, plus the District of Columbia. His expertise -- he's been in the field 32 years -- include architecture, landscape architecture, urban design, urban planning. He's won numerous citation awards and worked on numerous projects, including drafting comprehensive plans for historic districts and neighborhoods in Maryland. I could go on and on, but I could use my whole 22 minutes with his -- Vice Chairman Sanchez: No, no, no. You still have -- Ms. DeCarlo: -- expertise -- Vice Chairman Sanchez: --14 minutes and 32 seconds. Ms. DeCarlo: -- but I'm going to wrap up here. I will have more time in the end, which I'll -- Vice Chairman Sanchez: All right. Ms. DeCarlo: -- of course, request denial, and I -- Vice Chairman Sanchez: All right. Ms. DeCarlo: -- will let the neighbors start. Vice Chairman Sanchez: Listen, you'll have time, in case something else comes up. Why don't we -- Ms. DeCarlo: Yes -- Vice Chairman Sanchez: -- clear the clock? Ms. DeCarlo: -- and Mr. -- Vice Chairman Sanchez: And you'll still have time if something comes up. Ms. DeCarlo: OK, so I can -- Vice Chairman Sanchez: OK. Ms. DeCarlo: -- come back -- Vice Chairman Sanchez: Yeah. Ms. DeCarlo: -- and Mr. Edgecombe can come up now. Thank you. Vice Chairman Sanchez: OK. Sir, two minutes, sorry. I got to -- no, no, no, no. The speakers get two minutes. Counsel, you -- I'll afford you the opportunity of the 14 minutes left. Ms. DeCarlo: I thought the expert witnesses -- Vice Chairman Sanchez: Oh, I'm sorry. Ms. DeCarlo: -- get more. Vice Chairman Sanchez: I apologize. I didn't -- you didn't introduce him as an expert. City ofMiami Page 188 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Ms. DeCarlo: Yes, I did. I was reading his -- from his credentials. Vice Chairman Sanchez: OK. I wasn't paying attention. Apologize. Been a long day. Ms. DeCarlo: He's an architect. Vice Chairman Sanchez: It's the last meeting. Ms. DeCarlo: He's a city planner. He's a urban planner. He's a landscape architect. He's got numerous licenses in numerous states, and he's -- Vice Chairman Sanchez: OK. Sir. Ms. DeCarlo: -- many years of experience -- Vice Chairman Sanchez: I apolo -- Ms. DeCarlo: -- despite his youthful appearance. He's 32 years in the business. I was surprised by that. Vice Chairman Sanchez: All right, sir. I apologize. Leland Edgecombe: Thank you very much. Vice Chairman Sanchez: State your name and address for the record. Mr. Edgecombe: My name is Lee Edgecombe, and my actual address is 1903 Wood ReefRoad. I'm from the Washington, D.C. area, and actually, my mother resides in the Spring Garden community. OK, thank you. Spring Garden is in its 85th year of existence as a subdivision and has had generations of residents contribute to its history and character, going back as far as 1890. It is my understanding that, due to a history of high-rise intrusions towards the perimeter of the community, this invariably sparked a movement for designation as a City ofMiami historic neighborhood. In 1997, the designation was granted with the intent, in part, to shield the community from insensitive overdevelopment. What I have with me here -- and I would be more than happy to share this with the Commission -- is actually a book that I've kept in my library called Miami's Historic Neighborhoods: A History of Community, which is a publication of the Dade Heritage Trust, and it's represented by the Hindu temple, which is actually a historic building located in the Spring Garden community, and I just wanted to pass that around, if you'd have a second just to take a look at that. Vice Chairman Sanchez: I got one. Mr. Edgecombe: You got one? OK. Commissioner Spence -Jones: Yes. Mr. Edgecombe: I -- you know, I was inspired to research and find what the meaning of preservation was in the eyes of the City ofMiami, and as description of the intent and purpose of historic preservation stated that the intent is to preserve and protect the heritage of the City through the identification, evaluation, rehabilitation, adaptive use, restoration, and public awareness ofMiami historic architectural and archaeological resources. You know, we know that change is inevitable, and I'm not frying to pick on any building in particular or zoning in particular, or even any boundary restriction, butt was frying to understand what the framework and the legal mechanisms were for identifying and designating what leverage that historic districts may really have to protect themselves, but the intent and the purpose of preservation, as City ofMiami Page 189 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 I believe and as indicated by the City ofMiami, which is really a set of systems and standards and guidelines speak to the spirit of preserving the character, the history, the culture, the aesthetic, and the architectural heritage of your communities, Spring Garden being one of them. There's a natural order of growth, which occurs over time in Spring Garden, which kind of gave the community adequate time to adjust to certain incremental changes. Changes that double or even triple the population over a short period of time, given the historic timeline of the community, can yield impacts that we currently cannot even fathom at this point. Time is a significant asset that this community has enjoyed over the years, but we feel that the community is losing this asset if quick decisions and approvals are made without really evaluating the ramifications or repercussions of any dramatic changes that are taking place in this community, and again, we're just looking at this on a context -- community context level. As I was introduced, my background is urban design, for the most part, and it involves also, you know, balancing urban design with preservation. While I -- you know, my main office is located in Washington, D.C., we've been working as far north of Newark, New Jersey, and as far south as Miami, Florida, and we are involved in testimony throughout the eastern board in helping to strike a balance between new development and preservation, primarily within inner-city neighborhoods, and you know, a lot of these balances are really predominantly presented to councils where there's already a mandated ordinance that says that, you know, there must be smart growth; there must be context -sensitive design, you know, certain things that I'm understanding also is part of the Miami 21 initiative that also speaks about new urbanism and so on. Our primary question relates to possibly the unknown at the moment, and that pertains to the long-term impacts of any overdevelopment in the Spring Garden community. We do understand that there will be, due to construction activity alone, some short-term impacts that will relate to noise and certain other things that I don't think we have a lot to be concerned about because that's one of the things that can be evaluated carefully and co planned with the -- between the developer and the community, but a greater concern are the long-term impacts that should be really analyzed carefully and evaluated. The community should benefit, I believe, from a third -party evaluation or some type of impact assessment that -- which is normally traditionally provided by a development team to identify the potential impacts beyond the boundaries of just those physical developments that have been presented to you or will be presented to you, and these impacts could include the community cohesion; they could include traffic, infrastructure, and parking; things such as historic values and aesthetics and landscaping. I just wanted to briefly touch on a few of these points. Density -- you know, we look at the losses and gains to the character of the Spring Garden community regarding doubling the number or even tripling the number of residents in this very small community. It can potentially create a fraffic and pedestrian conflict issue, which really translates into a public safety issue, I believe, and this is not just a quality of life issue, but actually, a public safety issue. In terms of traffic, the current residential streets do not appear to have the width or capacity to bear excessive volumes of traffic. Well, how do we know that? Well, we don't know unless we really have some third -party intervention to really give us a good idea with regards to how this traffic and parking can fruly -- and it may fruly impact our -- the community. Parallel on -street parking narrows the width of the streets, and even more, we don't really know how the roadbeds will have the weight -bearing capacity to support excess fraffic. In terms of the economic aspects, we'd like to look at that as well, the gains and losses of the community and not just its character. I guess one of the questions we ask is does land banking and flipping properties in a historic district have a negative impact on the homeowners, and how will any mega structure really impact the value of homes just within a radius of a block or even more. There are a number of environmental concerns that we would have, as well, just with regards to the heat island effect, you know, and what they call the greenhouse effect, just within a community. This is -- what we're showing right here is just sort of like a generic model, a massing model just reflective of what we see as being some of the developments that are going along not only 11 th, but also along the river, and the canyon effect we're referring to is the fact that you get all of this concrete and glass and so on within a small community of one- or two-story buildings, and here we have twenty -story buildings, and I don't know, I guess, they coming down to five or somewhere in between -- you know, it could potentially have a negative impact, and what that is to the extent, we don't know. That's the reason why we're asking for that impact assessment. City ofMiami Page 190 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Vice Chairman Sanchez: I apologize for the interruption. I apologize for the interruption, but we have lost quorum. Mr. Edgecombe: I'm sorry? Vice Chairman Sanchez: We have lost quorum, so we need one more Commissioner, so let's take a little break. Commissioner, are you -- have you had something to eat? Why don't we take a five-minute recess? Unidentified Speaker: OK. Vice Chairman Sanchez: Maybe eat a cold pizza or something. We'll be back in five minutes, folks. It's been a long day. It's going to be a long night, so give us five minutes. We'll be back, so the Commission stands in recess, and of course, you may proceed when we get -- we call the meeting back to order. [Later... Vice Chairman Sanchez: We still have several items. Once again, this is the last Commission meeting before our August break, and every year, as you know, is a hectic Commission meeting, so what we might do is just take up some of the pending items that -- they're all important, but some could wait and some can't, and if it's the will of the Commission, once we get to about 9:30, we could just defer the remaining items to Wednesday, the 1st, which we have another Commission meeting, and that one, I think, would only take about a few hours with the items that are there, so we could always -- but that, of course, if it's the will of the Commission, so the Commission meeting is back in order, and sir, you, as the expert witness, can continue. Mr. Edgecombe: OK I would like to just wrap up here, but to continue with, as I explained, the canyon effect, which is caused by mid- and high-rise buildings, we feel, located along the river, North River Drive, as well as Northwest 11 th Street, could potentially impact the actual microclimate of the community and something that the community has enjoyed and developed for many years. In conclusion, I'd like to say that today this established and inner-city -- older inner-city neighborhood is struggling to secure a coherent and satisfying pattern of growth, as well as simply the preservation of its assets that define it as a community. The effect of urban design, as identified, I believe, in Miami 21 or in the Miami 21 initiative, should be recognized as a vehicle intended to reach certain community or neighborhood scale goals, such as how to effectively evaluate new development, especially within the context of historic sites. This must be a situation in which everyone has the information that they need and the means by which to participate in an informed, equitable, and collaborative decision -making about the future of their community. I'm going to close at this point, and -- Vice Chairman Sanchez: All right. Mr. Edgecombe: -- move on. Vice Chairman Sanchez: Thank you, sir. We'll go ahead and go with the speakers. State your name and address for the record when you -- Ernie Martin: Good evening. Ernie Martin -- Vice Chairman Sanchez: -- speak, and -- Mr. Martin: -- Spring Garden Historic -- Vice Chairman Sanchez: -- two minutes. City ofMiami Page 191 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Mr. Martin: -- District, 1000 North River Drive. The residents of the Spring Garden historic neighborhood have been fighting this project, as it was indicated in all of its various incarnations, since it was first presented to us 18 months ago. We continue to argue that it is not an appropriate density and scale to fit in our mostly single-family neighborhood. This project sits on a block that shares its site with one-story single-family homes. The developer has always said that they have the right to develop the land according to the zoning, but we have always contended that we, too, have certain rights by virtue of being in a City -designated historic disfrict. The HEP Board agreed with us in a similar case in -- near Morningside. The courts also agreed with us that there is reason for the -- well, nonetheless, we have -- we've indicated that we think we have certain rights too, and I hope that you will support us in that. The proposed 74 foot project, which shares the same block as the -- those single-family homes, is clearly inconsistent with our standards, which are incorporated into the Secretary of Interior guidelines, which are in your Code, which states, as has already been stated, "new construction in historic districts shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment, " and that's a direct quote. As you could see from the earlier slide, this project is part of a larger redevelopment plan proposed by the same developer that the neighborhood is vehemently opposed to. It's the River Garden condo project, which includes, as was stated, a 27-story, 199-unit tower that is only one unit short of requiring a MUSP (Major Use Special Permit); that is just outside of the historic disfrict because it's across the street, but it's still adjacent and abutting the historic disfrict and is 27 stories tall near a single-family home. The project that's before you today -- Vice Chairman Sanchez: All right. Mr. Martin -- Does anybody want to volunteer their two minutes to Mr. Martin? Anybody in line? Unidentified Speaker: I will. Vice Chairman Sanchez: All right, ma'am, you would? OK. Unidentified Speaker: Yeah. Vice Chairman Sanchez: You could sit down. You have two more minutes, Mr. Martin. Mr. Martin: Well, I'm almost through. Vice Chairman Sanchez: All right, but -- Mr. Martin: One project is the one before you, which is the 74-foot building, and there is another mirror image project also in the district on another parking lot of the former Travel Inn hotel that was there before in the place where they're putting in the 27-story building, so clearly, this project, all of its components, which together has a total of 259 units in a neighborhood of less than 1,000 homes, if built, will overwhelm the historic nature of the neighborhood due to its out -of -scale height and density, and it'll have adverse impacts on our aesthetics and quality of life. Priscilla Greenfield -Manning is going to talk a little bit more about the -- Vice Chairman Sanchez: All right. Mr. Martin: -- character of the neighborhood. Vice Chairman Sanchez: All right. Ma'am, the one who sat down, you have a minute and thirty seconds. Unidentified Speaker: Thank you. City ofMiami Page 192 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Vice Chairman Sanchez: OK. Ma'am. Priscilla Greenfield Manning: Yes. My name is Priscilla Greenfield Manning. I live at 901 Northwest North River Drive, in Spring Garden, and this is a presentation I gave at the March 2007 HEP Board meeting, and basically, what I'm going to talk about is my perception of the character of Spring Garden. Spring Garden is a historic district since 1977, and was developed by John Seybold, who, in 1919, insisted on "deed restrictions to preserve leafy, shaded streets and houses setback on ample lots." He advertised it as the most exclusive subdivision in Miami. We are fortunate, as few neighborhoods can boast so clearly a vision of what that neighborhood was to be. Spring Garden is the smallest historic district. Its longest street, Northwest North River Drive, is barely one-half mile long. As a peninsula, we, fortunately, were a forgotten part of downtown, which helped to maintain our original character. In 1997, we conceived of turning a dusty, a neglected lot owned by the Miami -Dade Water & Sewer into a park so that a river view could be enjoyed by walkers, workers, and neighbors. Spring Garden entered into a contract with the County and Greenfield Garden emerged as a tranquil respite. Volunteers plant, weed, water, trim, and mulch this flowering jewel on the river. After our success with our small garden, Spring Garden became ambitious and decided to purchase Pointe Park, a never -developed acre of land where the Miami River and Seybold Canal merge. With assistance from the Trust for Public Land, we purchased the land in 1999 for $600, 000 and delivered it to the City ofMiami as a gift. For seven years, residents volunteered clearing, cleaning, mowing the property. In 2006, the City took over maintenance. It is now a passive park planted with native trees. The ribbon -cutting at noon, May 11, showcased what neighborhoods can do, and we were happy to see Miami Commissioner Spence Jones and Sanchez and County Commissioner Audrey Edmonson at the event. Vice Chairman Sanchez: Let me just interrupt you for a minute. Do you want to donate your minute and thirty seconds? Unidentified Speaker: I will give her my minute and -- Vice Chairman Sanchez: All right. Let's make a deal. Ms. Greenfield Manning: Ms. -- Commissioner Spence -Jones spoke that day of her desire to see Spring Garden always maintain its historical character. Today you will hear a lot of discussion about character, and character is both concrete, noting architectural styles and periods, density, and free canopy; yet, it is also fleeting; the diversity of our residents; neighbors who truly know and socialize with each other; potluck dinners, weddings in our parks, strolls on our streets; children playing, rollerblading, and biking. It is years of engaging in planning with community leaders to keep this tiny oasis in the City ofMiami intact, in character, and a low -density tree canopied neighborhood. Today we are threatened by a developer's dream that is not in character with Spring Garden, and that is not supported by the residents, whose years of hard work and activism have made it a desirable place to live. I urge you to keep in mind how small and fragile we are. I urge you not to let our 30 year -old protection and advocacy for preservation be trampled. We simply cannot bear the footprint of three developments on a sliver of land that will double the amount of cars and people in a historic district. The footprint and impact will be catastrophic and permanent;; a footprint that will wipe away character, privacy, and certainly, John Seybold's original intent, to preserve leafy, shaded streets; houses set backs [sic] on ample lots. Please do not let that happen. Thank you very much. Vice Chairman Sanchez: Thank you. Next speaker. Eileen Marcial Broton: Hi. I'm Eileen Marcial Broton. I reside at 951 Northwest 10th Court. Very briefly, I want -- just want to mention the issue of gateways. As you know, even in our bond program, everyone realized the importance of having gateways and treatments into neighborhoods. It describes and welcomes the -- and lets people know the character of the little City ofMiami Page 193 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 neighborhood that they're entering. I would tell you that, in our neighborhood, three sides is water, and so that 11 th Street is really the only area that we have where we consider entryways. There's an original entryway on one of the blocks. This neighborhood has gone out and hired the architects and gotten the funding to repair those old pillars. We're continuing to work to repair other old pillars. On this particular block, this is what we would have as our entryway into our historic neighborhood. It is inappropriate. It is not our gateway welcoming you to a historic area. I will also tell you that we had discussion about it, and they talked about even turning the building around so the less offensive side would be looking out to 11 th Street. Well, anything on the Winn -Dixie side -- and by the way, Winn -Dixie has been very good neighbors to us -- that's on the north side of ll th Street, and that is certainly beyond our control, but anything that is within our district, we feel that we are -- we should have some rights to describe -- and let people know you're entering the historic area, and then I do believe, in one of the slides, you'll see that our streets are so little itty-bitty sfreets so that when you come in, you can't really have two cars coming in opposite directions. These are the sfreets that will be the entrances to these very large buildings. Thank you. Vice Chairman Sanchez: Thank you, and the one who volunteered, she's got 12 more seconds, so that gives her 22 seconds. I'm going to -- James Veber: I'll take 'em. Vice Chairman Sanchez: -- keep time here. All right. Mr. Veber: I'll take 'em. Vice Chairman Sanchez: Yes, sir. Mr. Veber: I'm J. Veber, 1028 -- Vice Chairman Sanchez: Two minutes. Mr. Veber: -- North River Drive. Can I talk from this side over here? Is that all right? Vice Chairman Sanchez: Yes, yes, yes. Mr. Veber: All right. Vice Chairman Sanchez: Just state your name and address for the record. Mr. Veber: Again, J. Veber, 1028 Northwest North River Drive. I was glad to hear y'all talking about Miami 21 'cause I was going to bring it up, and I figured everybody would boo me out of here, throw me out for mentioning something that's not in place yet, but I think we're moving in the right direction. This project isn't -- the Miami 21 plan is developed -- as it's developed -- and this is a quote from the plan -- there will be significant consideration for historic preservation. Historical districts continue to be protected. In the neighborhood, we believe that Miami 21 is being violated both in -- will be violated in spirit and in a couple of instances of fact by this kind of a project. Miami 21 promises to preserve historic neighborhoods, improve relationships between residential neighborhoods and adjacent commercial corridors with appropriate transitions, create transect zones, and provide appropriate setbacks. I think when your own HEP Board denied their Certificate ofAppropriateness, it did so based on facts, and it did so based on facts regarding heights, density, and mass. The HEP Board's decision not to recommend this project was in the best interest of historical preservation of our neighborhood. Miami 21 promises to preserve historical neighborhoods. Transections in density and height are lacking with this project. Miami 21 seeks to create transect zones and calls for a smooth transition from one to the next in visually appropriate succession. Your approval of this project City ofMiami Page 194 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 will, in effect, put urban center class buildings immediately adjacent to suburban single-family homes without necessary setbacks or intermediate structures, and urban wall, the canyon effect will be formed along three of the six blocks forming the boundary and the entrances to Spring Garden. We only have six ways to come in; five now that they're building the bridge. Vice Chairman Sanchez: All right. Your time is up. Ma'am. Mr. Veber: OK. Unidentified Speaker: He can have it. Vice Chairman Sanchez: You have her two minutes. Mr. Veber: OK. Miami 21 will ask for certain setbacks, and it will also limit the height there at the site of this particular development to five stories. This is, of course -- this project is a lot larger, and if you look at the actual photographs we have up here, you'll see it's a lot different than the fantasies we see here. We see really big streets here. We don't have them; not in our neighborhood. You see no adjacent suburban buildings here. This that you see up on the screen is the site itself and you can see a single-family home right there next to it. Again, if this project goes through, it will appear right there where that big blue space is, right above the back of those houses -- side of those houses, actually. This is looking parallel to 11 th Street, and that space right -- that is the Aragon Towers, which already exist. They got that in just before we got historical designation, and you can see how close it comes to the property line there. Again, another view of how close this will actually be to an adjacent property. Straight from his honor, the Mayor, a plan that touches every neighborhood in our city, that's what Miami 21 is because every city, no matter its size, is, in the final analysis, defined by its neighborhood. Will we be able to continue to define what Miami is, or will we be defined by these kinds of projects? Our conclusions are the height is inappropriate. There's not enough parking. Neighborhood streets will become a parking lot. We need lower density. We need compatible architecture. We need to diminish -- this project will diminish the character of the neighborhood; too many cars; streets are going to be reduced to a single lane, as they are next to the Aragon Towers now. Finally, there are other options. We need office space. We're close to the medical and justice center. Merrill -Stevens is planning major expansion on both sides of the river and needs additional space for its facilities. Vice Chairman Sanchez: All right. Mr. Veber: Thank you. Vice Chairman Sanchez: Thank you very much, and thank you very much for be [sic] so cooperative. All right, sir, you're recognized for the record. John Kenny: My name is John Kenny. I live at 1025 Northwest 11 Court, which is right next to the office that the opposition has mentioned. I also want to include that there is a house right behind that office that is a private house that abuts to that building, but my main thing here today is the -- show you some photographs of the 12th Avenue Bridge, which is a new facility which borders us on 12th Avenue. They have done everything the neighborhood has asked, including comply the State law of historic neighborhoods, and their -- in their bridge to fit in with the historic neighborhood, and ifI may just pass these out to you, and then I'll continue (INAUDIBLE). These are renderings of the bridge that is now -- which started (UNINTELLIGIBLE) from 1999 on. The bridge now is under construction, and neighbors are so happy to see that they're complying completely; that even though it's a state-of-the-art bridge, the lighting on it will be state-of-the-art, but the poles will match in to the old way ofMiami. The building of the bridge tender's house is just like this Hindu temple in the neighborhood, which we asked for them to take part of and then the bottom part of the bridge look like boulders, even City ofMiami Page 195 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 though it's poured cement, so we just wanted to include that. Here the bridge, who could have built it without any regard to the neighborhood, put the historic neighborhood -- Vice Chairman Sanchez: Took into consideration the neighborhood. Mr. Kenny: Right. Vice Chairman Sanchez: Point well made. Mr. Kenny: Right, so we thank you for your time and listening -- Vice Chairman Sanchez: All right. Mr. Kenny: -- that was shown -- Vice Chairman Sanchez: Thank you, sir. Mr. Kenny: -- to us. Vice Chairman Sanchez: Ma'am. Kathi Gibson: Hello. I'm -- Vice Chairman Sanchez: Thirty and sixteen. Ms. Gibson: -- Kathi Gibson. I live at 1019 Northwest 11 th Court, and I've lived there for, well, 12 years. I've been in the Spring Garden neighborhood for 20 years, and my major reason for being upset about the overdevelopment of the neighborhood is the change in population, density, and also the shadows of the large buildings right over our homes. I live on 11 th Court, which is right up -- across from where they're going to build a 27-story building, and also, it's not the adjacent house, but it's very close to the two houses -- I mean, the two buildings that are proposed to be -- being built. The main thing is it's going to completely change the neighborhood in terms of how many people are there and how many cars are there. It'll be like Orange Bowl day everyday. I also have a letter from another resident one block over, that lives about as far away from all these things as we do, who could not be here this evening, for your review. It's from the Ruckles. Vice Chairman Sanchez: No. The City Attorney or the Clerk. The Clerk. All right. Are you done? Ms. Gibson: That's it. Vice Chairman Sanchez: All right. Hold on 'cause the lady who gave up her minutes is back to 99 seconds. She is making up time. Thank you. All right. Next speaker. I'm going to make sure you get your two minutes. Tamme Flood: Hi. My name is Tamme Flood. I live at 928 Northwest 9th Court, and I'd like to give you each one of these maps that we produced -- oh, it's been a few years back -- about the neighborhood, ifI can. In 1999, I attended a Miami River Day event sponsored by the, I believe, City ofMiami and the Miami River Commission, as a way to spur development on the river. As a part of the event, my then three -year -old daughter and I participated in reenactments, water conservation presentations, a concert, and a boat trip down the Miami River. As we passed Snug Harbour, I was delighted with a little green section along the river, beautiful vegetation, charming houses, and the river itself was incredibly ugly, so I was really impressed with that. I found out that this was called Spring Garden, which was developed by John Seybold in 1919, as City ofMiami Page 196 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 an upscale neighborhood for professionals that lived downtown. Seybold lived there; Frank Stoneman, who was Marjory Stoneman Douglas's father and a founder of the Miami Herald live there; Gardner Malloy, who was the 1957 Wimbledon tennis champion still lives there; Ruth Greenfield's family has lived there since the '20s, and the property occupied by Jackson Memorial was the golf course for this community, and I believe the little, tiny Wagner House in Lummus Park was originally on the Wagner homestead where Jackson is. Anyway, the following day, we drove over the little humpback bridge on 7th Avenue, and we traveled back in time into Spring Garden with its tree -lined sidewalks, wide streets, and historic architecture. I was amazed that never had been in this area. I had lived here for 20 years, and called my husband on the cell phone, andl said, you know, I found this little oasis in the middle ofMiami, a place that thought was the perfect place to raise our daughter. He asked where it was, and I told him, and he said we needed to get out of there right away; we were going to be killed, and there was going to be a drive -by shooting. I said there was a woman jogging, and he said she's running for her life, and I now know that that was Eileen Broton -- she jogs everyday -- but persisted, and he actually saw for himself what a charming, tiny neighborhood this is. We bought a 1925 home, which had been owned by Zanie (phonetic) and Earl Sanders, that survived the Depression -- Is that my time? Vice Chairman Sanchez: Yeah, unless you want to -- Unidentified Speaker: I give. Ms. Flood: Thank you, Pam. Vice Chairman Sanchez: You give? Ms. Flood: Just a little bit longer. Zanie (phonetic) and Earl Sanders. It survived the Depression, 82 years of hurricanes, and is surrounded by hundred -year -old oak frees. This was truly one of the strangest neighborhoods in Miami. When we would stop to look at property, someone would always come out and talk to us. Hi. I'm so-and-so. I love the neighborhood, dah, dah, dah, dah. You know, Miami? Nobody ever talks to you. It was also in the middle of high -crime area, and it was one of the safest neighborhoods in the City because people knew each other and also the -- thank you -- Miami Police Department was very responsive to us. Now we've become the forefront of urban revival. We've, you know, kind of hung tough in Spring Garden while things developed around us. We're a very diverse neighborhood, and we're very passionate and vocal about protecting this little treasure that you hold in your hands. As we said, the park was slated for development; the neighborhood stepped in, and the citizens of Miami have a gateway to the river because of this neighborhood, the City, metro, and the Trust for Public Lands [sic]. This developer has no idea -- and apparently, does not care because we've met with them on numerous occasions to redesign the project. We've really fried. The impact that these buildings will have on our history and the character of this fragile place, when we have nothing against development and we understand that the development along the river has created less crime, increased our property values; there's limits for a reason. The Historic Board understands this, which is why they rejected this project. If the buildings are designed, they will form a condo canyon around this neighborhood. I, in fact -- and I know that haven't talked to my neighbors about this, butt would like the developer to donate this property to the neighborhood as a park, which would serve the 27-story tower and the 200 families that are going to move in. Thank you very much. Vice Chairman Sanchez: Thank you, and that's 20 more seconds, so we'll get you. Ma'am. Ellen St. John-Monkus: Good afternoon. Vice Chairman Sanchez: Good of -- good evening. City ofMiami Page 197 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Ms. St. John-Monkus: Good evening. Vice Chairman Sanchez: You were here since this afternoon. Ms. St. John-Monkus: Ellen St. John-Monkus. I was born in Miami in 1919. Both my parents were here before 1916, so we're Miamians. Now, as far as this building is concerned -- this development, it's a beautiful building. It's too tall for our neighborhood. It's too big really, but the main thing is they're going to have how many cars? They're going to have probably 400, 200 units -- Vice Chairman Sanchez: About 160. Ms. St. John-Monkus: -- or at that level of -- at that social level. OK, we've got 200 cars -- 400 cars. Where are they going to go and how are they going to get out? They're going to -- first, they'll get out onto llth, if they want, and they turn left, and they hit the bridge, 12th Avenue Bridge. They turn right, and right away, they hit a very bad corner, so they'll decide to drive through the neighborhood. That makes good sense. They'll drive right down the street in front of my house, and instead of having ten cars every now and then, we'll have a whole stream of cars. What's that going to do to our neighborhood? What's that going to do to our kids? And our cats or dogs are going to say bye-bye, and it just -- they don't belong in our neighborhood. Even though they feel they do, I don't believe they do. Vice Chairman Sanchez: Thank you. Ms. St. John-Monkus: Thank you very much. Vice Chairman Sanchez: All right. Ma'am. That adds 37 seconds more. Wendy Stephan: Hello. My name is Wendy Stephan, and my -- I live at 101 Northeast 43rd Sfreet, Miami, Florida. I am not a resident of Buena -- of Spring Gardens [sic]. I'm a resident of Buena Vista East, another one of our City's historic districts. I'm here today in support of the Spring Gardens [sic] residents just on my own behalf because I live in a historic district, and we recently had a resident of our neighborhood, actually on his own initiative, contact the Historic Preservation office and find -- wanting to find out how he could de -designate our neighborhood because I think there's really -- I disagree with his interest, but the fact is there's a feeling among people that when you live in a historic district, there are a lot of costs that you bear as a resident. You're asked to make that commitment to the City to essentially make a sacrifice, and what I'm saying tonight is to please -- by means of providing us with a carrot, to help protect these neighborhoods. I ask that you afford Spring Gardens [sic] and all the historic neighborhoods with the full protection of the Code as it exists now, absolutely full; no cutting corners because, you know, for us, we really feel that that's the least the City can do in order to help support us do what we want to do in terms of preserving our City's heritage. Thank you. Vice Chairman Sanchez: Thank you. Forty-three seconds. Ava Barnes: My name is Ava Barnes. Can --? I have lived in Spring Garden about 23 years. I am a nurse anesthetist. I work at the medical center at Bascom Palmer Eye Institute, and I walk to work everyday, and it's wonderful 'cause I used to live in L.A. (Los Angeles), and it's not the same. We don't want to be like L.A. The -- many of my neighbors also work at the medical center, and when I come home, about the time I come home, crossing 11 th Street is a death -defying event, OK. They -- there's so much traffic. The whole medical center dumps out on 11 th Street. They used to go out on 14th Sfreet, that was their escape route, but then there was a lot of construction on 14th, and it was -- so they discovered our neighborhood, and the traffic is the issue. City ofMiami Page 198 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Vice Chairman Sanchez: I apologize. Ms. Barnes: That's all right. Vice Chairman Sanchez: Commissioner Marc Sarnoff is eating a pizza -- Ms. Barnes: He looks like he -- Vice Chairman Sanchez: -- and I told him -- Ms. Barnes: -- could stand a meal. Vice Chairman Sanchez: --I hope he -- Ms. Barnes: Yeah. Vice Chairman Sanchez: -- brought for everybody. Ms. Barnes: The point is, it's bad now. The only respite we've had is when they blocked off the street for the bridge, and that's a temporary measure, and I know for sure it's going to be even worse when it -- There are thousands of people that work at the med (medical) center; did you know that? Vice Chairman Sanchez: Yeah, we knew that. Ms. Barnes: Tremendous, and they all go out our street, so we don't want more traffic. Vice Chairman Sanchez: Thank you, ma'am. Ms. Barnes: Thank you very much. Vice Chairman Sanchez: I'm going to have to add. I think both individuals who gave up their time, you're back to your two minutes. All right, sir. State your name and address for the record. Charles Greenfield: I'm Charles Greenfield. I live at 901 Northwest North River Drive. I have - - my family has lived in the neighborhood since approximately 1920. My mother, Dr. Ruth Greenfield, who, unfortunately, can't be here tonight -- she's out of town -- asked me ifI would read her -- a letter from her. Just very quickly. My mother has been a community leader for over 60 years, having recently served on the board of the Carnival Performing Arts Center and on the Bayfront Park Trust. Vice Chairman Sanchez: Yes. Mr. Greenfield: She made these statements before the HEP Board in March of this year. My mother is out of town; again, asked me to read this brief letter to the Commissioners. "The Spring Garden Civic Association, even before its historical designation, is committed to safeguarding its scenic and environmental character. In the past, we prevented FDOT (Florida Department of Transportation) from constructing a Metrorail from MIA (Miami International Airport) to the Port ofMiami, which, in passing our embankment on the Miami River, would have destroyed the neighborhood. Another outcry from our residents was the proposal to build a hospital for the criminally insane on Northwest 11 th Street. Fortunately, we succeeded in relocating it to a commercial, nonresidential area on Northwest 7th Avenue. I live on 7th Street Road in a house built in 1911 that my grandparents purchased in the early 1920s. Despite its serenity, compared to the noise and debris of the adjacent high-rise invasion nearby, I find it City ofMiami Page 199 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 difficult to drive out of the neighborhood now. The Humpback Bridge has been closed for more than a year." The Humpback Bridge, by the way, is on Northwest 7th Avenue and Northwest 7th Sfreet. It's a little yellow bridge. "Hy only exit is on Northwest 11 th Sfreet, which is now convoluted due to traffic from all directions due to the reconstruction of the 12th Avenue Bridge. It is a foreshadowing of the traffic nightmare of what will occur if the building atrocities proposed at the west end of the Northwest 11 th Street occur. You can envision what two 7- or 8-story buildings along with a 27-story building -- the effect this will have on the streets in our neighborhood. Finally, I empathize with my neighbors who will have concrete walls bearing down on them, casting their yards with shadows and the lack of privacy that will ensue. This design is out of character; density has remained the same in all their designs, and the neighborhood is unilaterally opposed to the decimation of this unique residential neighborhood. Sincerely, Ruth Greenfield." Vice Chairman Sanchez: Thank you. All right, ma'am. That was two minutes exact. Penelope S. Fisher: I may need some of your minutes. I didn't plan on those minutes. My name is Penelope S. Fisher. I live at 980 Northwest North River Drive. I, too, work at the medical center, faculty, otolaryngology. My specialty is head and neck in the medical school, and I serve the patients in Sylvester Cancer Center. I walk to work. I walk back to work. I work 12 hours. My peace is my home. In life, most homes, most have passions. This country was built on passions of rights. It is the people's frust in our government to fairly, appropriately support the rights passionately. We, in a historic district, do pay a different price; that price is there are so many rules; we cannot change anything, and we select to live there the way it was. The way it was is what Miami is about. We live in Miami 'cause we want to live the way it was. We want the future too. Passions include God or higher being, family, life work, and home. Spring Garden is home. It is where we celebrate our passions. Allowing a wall of a large, tall, close buildings to destroy our characteristic, our history, change our passions, block significantly the passion of home and the way it was. Thank you. Vice Chairman Sanchez: Thank you, ma'am. Doug Mayer: Good evening. My name is Doug Mayer, and I live at 976 Northwest North River Drive. It's interesting to listen to my neighbors talk about Spring Garden. I've lived there with my wife for the last eight years, and it is fruly a special place to live. You have to walk the neighborhood to have an appreciation for what Spring Garden is, and you know, it's interesting - - I know almost everybody that's come up to speak. I see them in my neighborhood. They are people that care passionately about what Spring Garden means in terms of a historic district, and it deserves to be protected. We have so few places like Spring Garden. We need to keep them protected from overdevelopment, and what's interesting is I'm speaking to you as a developer. My full-time job is to build affordable housing, and while, generally, you know, I think development is appropriate given the circumstances in the area being developed in, this is in my neighborhood, and I know the character of it;; the historic disfrict. We just need to protect it. The heights of the building are inappropriate, given the single-family homes that sit right behind it. The density is inappropriate, given the rest of the neighborhood. This is something that everybody that I've spoken to in my neighborhood is opposed to. Please don't let this happen. Thank you. Vice Chairman Sanchez: Thank you. All right. Next speaker. Grace Solares: Grace Solares, on behalf ofMiami Neighborhoods United. Miami Neighborhoods United supports Spring Garden's opposition to this project. This project is totally out of scale with the Spring Garden historic disfrict, wholly incompatible with the surrounding architecture. It will absolutely diminish the character of the neighborhood. In short, it will forever harm the quality of life of the many, many residents, as you've heard them today, of Springs [sic] Gardens [sic], who have fought so very, very hard to obtain the historic City ofMiami Page 200 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 designation thinking that by obtaining said designation would be protecting the neighborhood. If you approve this project, Commissioners, all of those efforts of all -- so many years of so many people, you will be dismissing. Therefore, MNU (Miami Neighborhoods United) request that you deny this application. Thanks a lot. Vice Chairman Sanchez: Thank you. OK, Mr. Flowers, and then I believe the two individuals who gave up their time, you will each have a minute and a half. Charles J. Flowers: Commissioner, I'm Charles J. Flowers, 1000 Northwest North River Drive, Miami, Florida, Spring Garden. I'm the president of Spring Garden. I'm not going to worry you with all of the point that been spoken. They have said what they wanted to say. In my neighborhood, although I'm the president, we're individuals, and they wanted to speak for themselves, and we do a lot of that. I want to say you heard their comments; you heard their plea, and I would like for you to do what's right for you, as the Commissioners. That's it. Thank you. Vice Chairman Sanchez: Thank you. Once again, the two individuals, I certainly don't want to deny anybody the right, OK? All right, but -- OK All right, counsel. Ms. Dougherty: There's been a lot of speaking or a lot of talk about the 26-story building, which is an as -of -right building that's in the building permit stage now. There will be no appeals. There is no 1305 issues dealing with that building, and it is separate and apart and independent from the request that we are making before you today. Before you today is not a 26-story building, but instead, a vacant parking lot directly across the street from the Winn -Dixie. The canyon effect was a representation you saw in video here that had, on our site, 14-story buildings. On the river, it had 10-story buildings. It was a complete misrepresentation of what could possibly be on either site. The thir -- we are proposing 30 units and 60 parking spaces. People in this neighborhood walk to the Civic Center and they walk to the hospital for work, and we are hoping -- and that's precisely the demographics of the people that we would hope to attract to this building; people who would work at the Civic Center and work in the hospital and walk to work. The comprehensive plan, which -- and the Civic Center plan, which I would like to incorporate and put into the record for this hearing, speaks to the amount of residences that you need to support all the jobs that are in the Civic Center, and there's a lack of residence in the Civic Center and a lack of residence for people who work at the Civic Center. We could add 30 additional units, 30 additional people who could actually walk to the Civic Center and to the hospitals, like many of our neighbors, and we would ask that you would approve this project. Vice Chairman Sanchez: All right. It comes back to the Commission. Commissioner Spence -Jones, you're recognized for the record on this item. Commissioner Spence -Jones: Yes. Thank you, Mr. Chairman. Before I render my decision on it, I just wanted to be very clear from both sides. There was several meetings that took place from both sides, correct? Ms. Dougherty: Yes, Commissioner. There have been -- Commissioner Spence -Jones: OK. Ms. Dougherty: -- four meetings that I attended. Commissioner Spence -Jones: OK, and for the most part, you guys got stuck on a number; seven, right? Ms. Dougherty: Yes. City ofMiami Page 201 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Spence -Jones: OK, and the neighbors wanted to be at five, right? Hs. Dougherty: I believe five was the -- Commissioner Spence -Jones: I just wanted to be -- Hs. Dougherty: -- number. Commissioner Spence -Jones: -- clear on that so I know. Unidentified Speaker: Well, we really wanted three. Commissioner Spence -Jones: Oh, OK. Unidentified Speaker: Give your name. Commissioner Spence -Jones: All right -- Unidentified Speaker: Give your name -- Commissioner Spence -Jones: -- so then if -- Unidentified Speaker: -- for the record. Commissioner Spence -Jones: -- OK, I just wanted to -- Unidentified Speaker: Three to five -- Commissioner Spence -Jones: -- understand how we got ftom five to seven, so how -- Unidentified Speaker: No, not five to seven. Commissioner Spence -Jones: OK. Unidentified Speaker: Three to five is, I think, what is recommended in -- Commissioner Spence -Jones: OK. That's it. I'm done. I'm done. I just wanted to be clear on what it was, so at this point, I'd like to render my decision. As you know, I do have three historic neighborhoods within my district; Spring Garden and Overtown, the Folklife Disfrict, and of course, Spring -- Buena Vista, and I'm a strong supporter of making sure that we preserve our historic neighborhoods. Those are the only areas that we do have left sometimes in most of our neighborhood, so with that, I'd like to move to deny the appeal and affirm the decision that denies a Certificate ofAppropriateness for new construction at 1124 Northwest 11 th Street within the Spring Garden Historic Disfrict because the proposed building is inconsistent with the historic and architectural character of the district in terms of size, scale, design, and materials. Vice Chairman Sanchez: All right. Chairman Gonzalez: Second. Vice Chairman Sanchez: There's a motion. Second -- Chairman Gonzalez: Second. Vice Chairman Sanchez: -- by the Chair. Discussion. Commissioner Sarnoff. City ofMiami Page 202 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Sarnoff No. I just wanted to make sure the record reflected that there was no congruity between the subject structure and its neighboring structures and surroundings, including, but not limited to the form, spacing, height, yards, materials, color, or rhythm and pattern of window and door openings in building facades; nor shall the proposed work adversely affect the special character or special historic architectural or aesthetic interest or value of the overall historic site or historic disfrict. I want to make sure that everybody understands that incongruity is a noun, and what it essentially means is it is not patterned, does not have the rhythm, it does not have the beat of the neighboring historic neighborhood. Character is the aggregate of features and traits that form the nature of the thing. This certainly does not form the nature or have any of the characteristics of the neighborhood, so I would support Commissioner Spence -Jones in her motion and just state for the record that maybe we could make it very clear that Section 25-5 subsection (c) subsection (1) of the Code has not been met. Vice Chairman Sanchez: All right. Any further discussion on the item? As the Chair, I think one of the speakers said it clearly, and I wrote it down. It is a lot of cost and sacrifice and rules and regulations to comply to make sure you're in a historic disfrict, and along with that, if there's one thing that you deserve, it is protection, so let there be a clear sign from this Commission that historical districts should be protected, so having said that, it is a resolution. All in favor, say "aye. The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Go home and watch the show tonight. Applause. Ms. Dougherty: Thank you for your time. PZ.20 07-00641ha RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING WITH CONDITIONS THE APPEAL FILED BY JEANNE LIU, OWNER ("APPELLANT") AND AFFIRMING OR REVERSING THE CONDITIONS SET FORTH IN THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION ("HEP") BOARD, WHICH APPROVED A CERTIFICATE OF APPROPRIATENESS FOR THE INSTALLATION OF WINDOWS, AFTER THE FACT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 5255 BISCAYNE BOULEVARD, WITHIN THE MIMO HISTORIC DISTRICT, MIAMI, FLORIDA; REMANDING THE CRITERIA FOR THE WINDOW INSTALLATION TO THE HEP BOARD CONSISTENT WITH THIS DECISION. 07-00641 ha Appeal Update with Photo.pdf 07-00641 ha Appeal Letter.PDF 07-00641 ha HEPB Fact Sheet.pdf 07-00641 ha Zoning Map.pdf 07-00641 ha Aerial Map.pdf 07-00641 ha Application & Photos.PDF 07-00641ha HEPB Reso.pdf 07-00641ha Legislation (Version 2).pdf 07-00641ha Legislation (Version 3).pdf 07-00641 ha CC 07-26-07 Fact Sheet.pdf 07-00641ha Submittal Photos -Jeanne Lui.pdf City ofMiami Page 203 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 LOCATION: Approximately 5255 Biscayne Boulevard [Commissioner Marc Sarnoff - District 2] APPELLANT(S)/APPLICANT(S): Jeanne Liu, Owner, on behalf of Best Value Inns of Miami, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and approval with conditions* of the Certificate of Appropriateness. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Approved with conditions* the Certificate of Appropriateness on May 1, 2007 by a vote of 6-0. *See supporting documentation. PURPOSE: The approval of this appeal will allow the after -the -fact installation of windows. CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, to continue item PZ.20 to the Commission meeting currently scheduled for September 27, 2007. Vice Chairman Sanchez: All right. We go to the other appeal. That was -- what's the other appeal, Madam Clerk? Priscilla A. Thompson (City Clerk): PZ. 20. Vice Chairman Sanchez: PZ.20. PZ.20 is an appeal. All right. Kathleen Kauffman (Preservation Officer, Planning): Thank you, Mr. Chairman -- Vice Chairman Sanchez: Vice Chairman. Ms. Kauffman: -- you're Vice Chair -- and Commissioners. This is an appeal in the MiMo (Miami Modern) Biscayne Boulevard Historic District. This is a situation where windows were removed without a permit, and the incorrect windows were put in the building, so the Preservation Board said that the applicant could keep the windows in the back of the building, but on the visible sides, the two sides in the front, they would have to be replaced with the correct windows, which would be a casement window. Thank you. Jeanne Liu: Hello. Vice Chairman Sanchez: Ma'am, state your name and address for the record. Ms. Liu: OK. My name is Jeanne Liu. I'm the owner of the motel Best Value Inn, located at 5255 Biscayne Boulevard. I'm here today -- OK, before I explain everything, I would like to show you the picture before I change window and after the window, so it's quite different. It's -- OK. This window, it's been change about a year ago. It's just about the time the section between 50 to 77 Street become a MiMo District, so in that time, I really, I didn't know (UNINTELLIGIBLE), and because the year before, there's two hurricane, my building state is so bad, as you can see the window. That picture I didn't have for the last board meeting because I didn't have it, and then like months ago, I ask one of the real estate broker, he has been take these picture, so it's not the purpose to show the window, but you still can tell. The windows (UNINTELLIGIBLE) that was like in a cross. The cross one, they not -- cannot open, so the window -- that means a lot. OK, and I had to change, and you can compare the one before and City ofMiami Page 204 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 the one after I change. It's not a casement. It's a similar like that, so you know, the (UNINTELLIGIBLE) in my business, you know, we have a lot of construction, and during that time, we hardly have any business, and so I'm in a very hard shape, OK. I put my efforts, I take loan from my house, an equity loan, tried to repair everything necessary, and fried to bring a better shape of the building and upgrade the business so I can -- you can -- can you see the -- right now I almost spent all of my money to put in this building, and you see I'm a widow. My husband pass away like seven -- almost seven years ago; that was in December 2000, and after my husband suddenly pass away, I actually -- I tried to sell this property, and then I been sign a few contract and everyone fail because I know we have a tough neighborhood, and they don't want a high-rise, and I understand, so after that, I know I cannot -- you know, that building cannot be knocked down. I had to do a successful motel business, so that's why -- the reason, you know, I put up a lot of money for that, and right now, property tax raise so much and this year -- I mean, the last year, I still didn't pay yet. That was about 50,000; you know, it's double time from last year, so I'm here to ask you Commissioner give mercy; to give me pass of these window so ifI have any source, any money, I would -- you know, to -- Vice Chairman Sanchez: All right. Ms. Liu: -- keeping upgrade of building. You know, right now I still have a lot of things to do, like I need to paint; I need to do some landscape. Recently -- OK, we have Miami MiMo/Biscayne. At a meeting -- I think it's every Tuesday -- I been there a few times, and this group is good. We try to -- everybody work together and bring up, you know, the -- Commissioner Sarnoff Ms. Liu. Ms. Liu: -- district. Vice Chairman Sanchez: All right, ma'am. Commissioner -- Commissioner Sarnoff Ms. Liu. Ms. Liu: Yes. Vice Chairman Sanchez: -- Sarnoff. Commissioner Sarnoff You didn't get any permits to change these windows, correct? Ms. Liu: Yeah. That's stupid. Yeah, I didn't know to change a window I need a permit. I know other things, like I have put a fence; I putted [sic] a roof. I know that was the big things I needed, but I didn't know that but -- Commissioner Sarnoff Who's your contractor? Ms. Liu: I didn't have a contractor. Commissioner Sarnoff Who put them in? Ms. Liu: I just hire people. Commissioner Sarnoff You just hired -- Ms. Liu: I got the window from Home Depot -- Commissioner Sarnoff And Home -- City ofMiami Page 205 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Ms. Liu: -- and then this -- Commissioner Sarnoff -- Depot has agreed to take the windows back, correct? Ms. Liu: No. Commissioner Sarnoff No? Ms. Liu: This is one year ago. Commissioner Sarnoff No. I know, but in my notes, I have that Home Depot -- Vice Chairman Sanchez: Yeah. Commissioner Sarnoff -- agrees to take the windows back if you give them back to them. Vice Chairman Sanchez: They were going to refund your money. Commissioner Sarnoff Right. They know the plight that you're in. Ms. Liu: But you see, the -- that was impact window. You know, like installation, they charge me 150, and you know -- Vice Chairman Sanchez: The window cost a hundred and fifty? That's not impact -- Ms. Liu: Yeah, yeah, for the installation. Vice Chairman Sanchez: Oh, for installation. Ms. Liu: Yes, yes. The window itself is cost like two hundred something -- 2 to $300 -- Vice Chairman Sanchez: All right. Ms. Liu: -- and this, I get -- I use the credit from Home Depot. You know, I'm -- you see, I'm a single woman, and I do the small business. It's really hard, you know. Like every (UNINTELLIGIBLE) see me. I'm small; I'm a woman, and lots of people take advantage of me. Vice Chairman Sanchez: All right. Are you done? Ms. Liu: So please -- Vice Chairman Sanchez: Ma'am -- Commissioner Sarnoff Some things seem so much more obvious than this. Vice Chairman Sanchez: Ma'am, I feel your pain, and I know that some people have felt your pain here because in my notes, the HEP (Historic and Environmental Preservation) Board allowed you to keep the rear windows; is that correct? Ms. Liu: Keep what? Vice Chairman Sanchez: The HEP Board that you went in front of apparently, they felt your pain and they allowed you to keep the windows in the back of your building. Is that correct? Ms. Liu: Back window. City ofMiami Page 206 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Ms. Kauffman: Yes. Ms. Liu: Which back window? Ms. Kauffman: Yes, sir. That's correct. Commissioner Sarnoff Ms. Liu -- Vice Chairman Sanchez: Yes. Commissioner Sarnoff -- they're not -- the board that she's in charge of is not going to require you to change all your windows. They're only asking you to change the front windows, and Home Depot's agreed to take back the front windows. You know that, correct? Ms. Liu: Front -- Ms. Kauffman: Front and sides. Ms. Liu: -- window. Commissioner Sarnoff Front windows. Ms. Liu: Front window, you mean Ms. Kauffman: Front and sides. Ms. Liu: -- like -- Vice Chairman Sanchez: Hello, ma'am -- no. Your front -- Ms. Liu: -- (UNINTELLIGIBLE) -- Vice Chairman Sanchez: -- no, listen, listen. We're trying to help you here. We're frying to help you here. Ms. Liu: OK. Vice Chairman Sanchez: Apparently, your back windows and side windows, they could stay. Ms. Kauffman: No, no, no. Front and sides had to be replaced. Vice Chairman Sanchez: Oh, I'm sorry. Front and sides have to be replaced. The back windows, you could stay, but in my notes, I have that the Preservation Officer, if she did that, she went way beyond her service, and she went to Home Depot, and it's my understanding Home Depot is agreeing to refund you the money. Are you aware of that? Ms. Liu: She talk to the Home Depot that time, but they didn't know how many window I had. They might just think I only one -- have one window. Commissioner Sarnoff Do they know how many windows she has? Ms. Kauffman: I explained that it was a large building. Vice Chairman Sanchez: All right. You know, we're trying -- City ofMiami Page 207 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Ms. Liu: You see -- Vice Chairman Sanchez: -- to help. Ms. Liu: -- like right now, like take out and put back. You know how much just for labor -- how much they want to charge me? Commissioner Sarnoff How much will it be, Ms. Liu? Ms. Liu: I don't know. When I put it, they charge me 150 each -- Commissioner Sarnoff Each window. Ms. Liu: -- and now you have to take out and put back. I don't know. Commissioner Sarnoff Is every window been replaced with these windows? Ms. Kauffman: Yes, sir. Commissioner Sarnoff So -- Ms. Liu: You see, you can tell it's not -- Commissioner Sarnoff It's a lot of windows. Ms. Liu: -- a casement. Commissioner Sarnoff I under -- Vice Chairman Sanchez: It's a lot of -- Ms. Liu: These buildings are -- Vice Chairman Sanchez: -- windows. Ms. Liu: -- build up -- Commissioner Sarnoff It's a lot of windows. Ms. Liu: -- is build up like 1947. It's about 60 years old. I have -- I own this property more than 20 years, and this is the first time I change window. Vice Chairman Sanchez: All right. Ms. Liu: You can see it's not a casement. Commissioner Sarnoff I'm going to make a motion to defer this. Vice Chairman Sanchez: All right. That's a good -- Commissioner Sarnoff I'm going to fry and work with her. Vice Chairman Sanchez: All right. Ma'am, listen, the Commissioner has agreed -- City ofMiami Page 208 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- to defer the item -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- so we're not going to take any action today, and the Commission -- the Commissioner, and possibly, the Commission, is going to try to work with you to help you out, OK? Ms. Liu: Thank you. Vice Chairman Sanchez: You understand that? Ms. Liu: Yes, I understand. Vice Chairman Sanchez: OK, so the item is being deferred, so it'll come back at the next Commission meeting, and hopefully, we could work out some things that we'll be able to help you out a little bit, OK? Commissioner Sarnoff Ms. Liu, you need to cooperate with my office -- Ms. Liu: Yes, I know. Commissioner Sarnoff -- so when they call, you'll return calls -- Ms. Liu: Yes, yes. Commissioner Sarnoff -- and we'll try to work -- Ms. Liu: Yeah, actually, I call your assistant, Bert Gonzalez. I leaved [sic] a message and my phone number. Vice Chairman Sanchez: All right. There's -- Ms. Liu: Yes. Vice Chairman Sanchez: -- a motion and a second to defer -- Ms. Thompson: Date. Unidentified Speaker: To a date. Vice Chairman Sanchez: -- the item to the September meeting. Ms. Thompson: September 27. Thank you. Vice Chairman Sanchez: Yes, ma'am. All right. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition? Andl hear no one in opposition. All right. Where do we go from here? Commissioner Sarnoff Go ahead, Ms. Liu. City ofMiami Page 209 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Ms. Liu: Thank you. Commissioner Sarnoff Thank you. Ms. Liu: Thank you. City ofMiami Page 210 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 07-00877 DISCUSSION ITEM DISCUSSION CONCERNING OPEN BUILDING PERMITS. 07-00877 Cover Email.pdf DISCUSSED Direction by Commissioner Sarnoff to the City Manager to draft legislation for consideration at the September 27, 2007 City Commission meeting to close loopholes regarding open building permits, and if necessary, to seek assistance from the City's state representatives to change the Florida Building Code related to open building permits. Vice Chairman Sanchez: Where do we go from here, Madam Clerk? Commissioner Spence -Jones: Blue pages. Priscilla A. Thompson (City Clerk): Now you go into your district pages. Vice Chairman Sanchez: All right. District pages, OK Let's go ahead. The Chair has nothing. Commissioner Sarnoff, you're recognized. Discussion concerning open building permits. Commissioner Sarnoff Yeah. What we're finding, Mr. City Manager, is that we have two permits that have remained open, one the better part of 16 years, and what I'd like this -- I'd like you to do is to look into ways of closing down a loophole where, apparently, if you just move some dirt and have an inspection done every six months, you can keep a permit going for more than 16 years. It seems unfair if you live next door to a person that he's been building his or her house for more than 16 years. The second home is a better part of I think, seven or eight years. These are issues that are affecting, essentially, the North Grove. Pedro G. Hernandez (City Manager): Commissioner, I'm going to ask Hector Lima, Building director, to provide some, you know, response to that. I was talking to him this morning, and obviously, we do have a problem with that building at 2200 Lincoln, and I was asking Hector as to what can we do in a proactive way to prevent those things from happening in the future. Hector. Hector Lima: Good evening. Hector Lima, director of the Building Department. I'm very familiar with the two properties that you mentioned, Commissioner, and you're absolutely right. The Florida Building Code and the Statutes allow for extension of the permit life for 180 days every time an inspection is approved or any additional changes to the actual permit occurs. We'll certainly look into it. It might be at the State level, but we'll look into it and see if we can do something about it, sir. City ofMiami Page 211 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Sarnoff If it is at the State level, could you bring back language for a resolution for us to go forth to the -- certainly, to our representatives, and ask them to propose legislation to close down that loophole? Mr. Lima: If the only avenue is to change the Florida Building Code, that would be the way to do this. Commissioner Sarnoff Would you get back to us no later than the September 27 meeting? Mr. Lima: Sure. Commissioner Sarnoff Thank you. D2.2 07-00934 DISCUSSION ITEM DISCUSSION REGARDING STRENGTHENING THE RULES AND REGULATIONS IN THE DEPARTMENT OF COMMUNITY DEVELOPMENT. 07-00934 Cover Email.pdf DISCUSSED Vice Chairman Sanchez: All right. We move on to D2.2. It's a discussion item concerning -- regarding strengthening the rules and regulations in the Department of Economic Development, and that is Commissioner Marc Sarnoffs item. Commissioner Spence -Jones: Economic Development? Vice Chairman Sanchez: I'm sorry. Development of -- Community Development, sorry. Commissioner Sarnoff Community Development. Yeah, Mr. Chair, we've gone through a pretty rough road recently in -- with regard to Community Development, and I wanted to see -- I know we have new leadership. I know we have Hector Mirabile, and I want to hear that there are some new policy and procedures in place that will protect against what appears to be people who've never built affordable housing before coming into the City and now saying that they're affordable housing builders without a frack record and the ability to get a serious amount of money, and what I want to make sure that happens is that we're only dealing with people who've done this before and have a frack -- a proven track record of having -- forgive me, it's late at night -- but a proven track record of having done this before, and what do you propose to do to keep us out of the trouble we got ourselves in? Hector Mirabile: Well, for the past three weeks, since I've taken into position of Community Development, one of the things that we've done is is to analyze due diligence in all of our RFPs (Requests for Proposals) that we put out, so one of the things that we need to do in order for that to occur is to establish RFPs that would encourage individual builders that are affordable housing builders that had track records. Now because of that experience that you are requiring, it would then go ahead and limit to new individuals that are frying to enter into the affordable housing market itself so we got to weigh the pros and cons of the new developers that are coming in, start-up companies, getting experience. We might even look at working with -- cooperation between one that's new, one that's already existing, things of that nature. We'd really have to, you know, think through the idea of that because we don't want to limit new entrepreneurs or consfruction -- people that are already in the consfruction business that have had a record of it, but they're brand-new to the affordable housing market, so we'll look into that to make sure that when we publish the RFP and the new people that are coming in and put in their RFPs have a track record, and if they don't, we'll qualify them. Additionally, since we've City ofMiami Page 212 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 been in there, I'd like to point out that we've done an entire review of part of the organization. It takes quite a long time to do a review of the whole entire organization, and what I've found is that in Community Development, we have very conscientious and hard-working individuals. They're really taking things to task. They do things in appropriate manners. It's just that we need to, you know, tweak those standard operating procedures. We need to identify streamlining processes, coordinating better with other agencies within the City ofMiami to ensure that we either fast track -- and those that are already in the fast track program that don't have any stumbling blocks in between. Now one of the things we did understand and -- through the various meetings that we've already had with yourself Commissioner Sarnoff, and Commissioner Spence -Jones, is we seem to be having a problem with our internal and external communications. Our internal communications means not only internally within the City itself but to you, the Commissioners. As a new person in Community Development that does not know much about affordable housing -- I know the other projects -- I started asking questions, and there is no one location or one definitive location where you, as a Commissioner, can look into and identify what does this mean, and we saw a hiccup in years where a certain amount of money actually was five times the amount that you were looking, where we wouldn't have known that unless a question was asked that came up and, to and behold, it means a lot, so we're developing what's going to be called the Information Book, and Commissioner Spence -Jones, yours will be the first book that we're going to be doing. We -- we're hoping to get it by Thursday of next week completed. We'll come back to you. Yours will be the model book first, and then afterwards, we'll go to each one of the Commissioners because we have to tailor the model books to each one of you. Each one of you have certain -- have different areas that -- of desires and needs, so we'll start off with yours; get that one squared away, pending your approval, and then we'll move on to the rest ofyour [sic] Commissioners. That will improve internal communications, and it'll be updated on a monthly basis because it's important for you to know where you stand. You know, that's critical. Additionally, on external communications, what we found out is we use the Miami Herald;; we use major blocks of information centers, but as I found out, at the Liberty -- you know, Liberty Trust Committee, is that the informal communication, in certain segments, are more appropriate because the people that actually need the impact to occur, that's where they go, so we're going to be targeting now the new informal forms of communications, additional and more of the needs of that community, and we'll look at the various other districts to see where that fits in. Regarding the next critical item of improvement that we've observed is the standard operating procedures. Right now, we're weak in that. How do we keep files? How do we do protocols, et cetera, and what does that do? It hurts us in audits, and it makes us look bad, so when an auditor comes in and sees that one file is totally different than the other, then what we'll see is that we get in trouble, so we're going to improve that through approaching a standard operating procedures, and that's where a committee that the Manager has formed will go in and they'll look at various aspects, from purchasing, all the way down to the actual application of the -- on the contracts, and they'll help through that process. This working group that the Manager's put together, of which Larry's going to -- Larry Springs [sic] is going to be the chairperson of that, is going to help us in establishing model practices of CD (Community Development), and the target is for community development to be number one in the nation, and as we continue reviewing our various operations within CD, of course, things evolutionize [sic], and we'll continue progressing, and we'll solicit your input on a continuous basis to see how we can meet your needs as the elected officials ofyour districts because that's -- you're the conduit to us, so we're here to help you. We're here to go ahead and work with you and serve the constituency as much as possible. Vice Chairman Sanchez: All right. Commissioner Sarnoff Thank you. Commissioner Spence -Jones: I just -- Thank you, Hector. I just want to add on -- did you want to add anything else? Thank you, Hector, for -- City ofMiami Page 213 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Vice Chairman Sanchez: All right. Commissioner Spence -Jones: -- definitely briefing us, but I -- Vice Chairman Sanchez: No, no, I'm sorry. Go ahead. Commissioner Spence -Jones: OK -- for briefing us. Only thing I want -- I do want to add on this, just so that we have some clarity -- and I appreciate you putting in the book. I know we had a rough start, perhaps, in our first meeting because I'm truly pushing trying to make sure things move in District 5, and I might have overwhelmed you in my first meeting with you, but I appreciate you being open to work with us to get things moving. I just do want to ask this question. While we -- I know that Commissioner Sarnoff has highlighted CD, and I think that it's clear that that is something that definitely needs to be addressed, but I think that we also need to look at the other departments too that have been affected recently also, meaning Capital Improvements and other departments that have been highlighted, so I would not want one particular department to be highlighted and the other ones not also have a plan too. I don't need an answer on the other departments, but I just want to be very clear that we need to look at, you know, some of the other departments that, recently, we've been having issues with, and then last, but not least, I know Hector has -- and Michelle did an outstanding job with the labor unions and getting all of that stuff done, which is greatly appreciated, and I know Hector will only be here for a certain period of time. My question then becomes, for the City Manager, what is our next step in looking for a -- actually, identifying someone through a national search? Where are we with that process? Pedro G. Hernandez (City Manager): Commissioner, the Employee Relations Department, under Rosalie Mark, has already initiated the process of the necessary and extensive search to look for a permanent replacement as the director of Community Development, and I'll keep you posted as we progress. Commissioner Spence -Jones: OK. Mr. Hernandez: We want to do it state, nationwide, as necessary, in order to look at the best available personnel to handle that department. Commissioner Spence -Jones: No problem. Thank you. Thank you, Hector. Vice Chairman Sanchez: All right. Commissioner Regalado: I have one final -- Mr. Manager, Hector, Larry, have you all seen the proposed County budget, the one proposed by Mayor Alvarez? Commissioner Spence -Jones: Pete? Mr. Hernandez: Not in detail, sir, we haven't. Commissioner Regalado: OK. Have you seen the proposed cuts on social services program? You have? Mr. Hernandez: Yes, we are aware. Commissioner Regalado: And you are aware that these proposed cuts in social services directly impact centers in the City ofMiami? Mr. Hernandez: Yes, sir. City ofMiami Page 214 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Regalado: In District 4, two very, very big impact, so we need to try to understand how would that affect our relationship with the social services, and you know, the situation where we are. Larry Spring (Chief Financial Officer): May I, Mr. Chair? Vice Chairman Sanchez: Yes, please. Mr. Spring: Larry Spring, chief financial officer. Commissioner, I guess, in the last few days, I have become aware of some cuts that had been made to some of the social program -- social services programs. I know this Commission has already approved and pretty much allocated its federal entitlement dollars already for the year. We've done some supplementing, you know, for the feeding programs, and we will do that full analysis. I know a few of the programs have already contacted the City Manager with regards to the shortfalls that they may be experiencing from the County. Commissioner Regalado: That is my point. Mr. Spring: Right, so we're -- Commissioner Regalado: That is my point. Mr. Spring: -- frying to deal with it on a one (UNINTELLIGIBLE) basis. Commissioner Regalado: The County cuts, we get scream at. You know, the County is proposing to reduce transportation for elderly and sick people, and you know where that transportation mostly impacts? Forty percent of all the transportation in Miami -Dade County of elderly patients is in the City ofMiami, so I'm just saying that we need to understand. It's not only about us, but it's only about the other players in this. Thank you. Vice Chairman Sanchez: All right. Mr. Hernandez: Thank you. Vice Chairman Sanchez: Any further questions? D2.3 07-00936 DISCUSSION ITEM DISCUSSION REGARDING PROVIDING FOR BETTER NOTICE TO RESIDENTS AS TO CONTENT AND SUBSTANCE ON AGENDAS FOR BOARDS. 07-00936 Cover Email.pdf DISCUSSED Vice Chairman Sanchez: Commissioner Sarnoff I believe you have one more item. Commissioner Sarnoff Last item. Mr. City Manager, I think we need to do a better job of noticing the residents as to the substantive content of any board meeting. If you read it in the paper or you read it -- it really doesn't tell you what the issue is. I don't care if we have to add two or three lines to what the substance is, but people don't know that they need to attend board meetings or City Commission meetings because it's just too vague a statement, and I continuously get calls from citizens saying, you know, I just don't understand when this or what this is that's -- that they don't need -- they need to know they need to come because they'll say, gosh, that board heard this; I didn't even know what it was about. I merely bring this to your attention to ask yourself if you were an average citizen and you were reading something, would it give you notice that you wanted to be somewhere? 'Cause that's what you have to ask yourself. City ofMiami Page 215 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Don't put yourself in your shoes. Don't put yourself in a Commissioner's shoes. Put yourself in an average citizen's shoes. Is there ample notice to them that they would want to come to a City board or even the City Commission? Vice Chairman Sanchez: Good point. Pedro G. Hernandez (City Manager): Commissioner, I agree with you. I've talked to staff today, and we'll be looking to see how we can, let's say, simplify the language so it's in plain English and the point gets across easily as to what the purpose is, the reason, and people can then be able to decide whether they have to attend or not. Maria Chiaro just, you know, mentioned to me that she offered to also work with us in looking at the language to be sure that it's proper; legal on one side, but actually plain English on the other. Commissioner Sarnoff No, no, and I -- I just want to make sure that the one thing -- I mean, Judith Sandoval, obviously, we get it clear enough for her. She wants to be at every Commission meeting, but we need to make it so that if there were people who wanted to attend or felt they needed to attend, that's all that they -- they know that they should attend because it's something that is important to them. Mr. Hernandez: We'll definitely work on it, sir. Commissioner Sarnoff Thank you. Mr. Hernandez: Thank you. City ofMiami Page 216 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ D3.1 07-00889a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING SECTION 54-440, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "RESTRICTIONS" OF THE LITTLE HAVANA SPECIAL EVENTS DISTRICT, TO ALLOW VENDING BY ARTISANS ON THE PROPERTY AT 1400 SOUTHWEST 8TH STREET, MIAMI, FLORIDA, DURING FRIDAY, SATURDAY AND SUNDAY, FROM THE EFFECTIVE DATE OF THIS RESOLUTION THROUGH DECEMBER 31, 2007; DIRECTING THE CITY MANAGER TO PROVIDE FOR CREATION OF A DISTRICT OR SOME OTHER MECHANISM TO ADDRESS ARTISANS ON CALLE OCHO BETWEEN SOUTHWEST 10TH AND 17TH AVENUES, MIAMI, FLORIDA. 07-00889A Legislation.pdf 07-00889A Restrictions.pdf 07-00889A Maps.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0425 Commissioner Sarnoff All right. D3 now? Vice Chairman Sanchez: Yeah. Yes. D3, it's a resolution -- the resolution comes in two parts. The first part is granting all three weekend days for the -- for every weekend through the end of 207 [sic] for the artisans and the Calle Ocho McDonald [sic] site -- there's individuals that sell art there and stuff and we need to have proper legislation to allow them to do that. The second part directs the Manager to come back with a mechanism for the following artisans. This is not for used cars or, you know, garage sales or anything. This is -- what we're trying to do there is trying to get the area picked up, as it has been with the 14 new art galleries; to get people to go out there, and the ones that don't have art galleries have an opportunity to sell their art, and hopefully, with the money that they make, they could one day open up an art gallery, not only in 8th Street, but all over the City, and the resolution is from 8th Sfreet, between loth Sfreet [sic] and 17th Avenue, and what I would ask, before I read the resolution into the record, Mr. City Manager, this is an urgent to get it done, is to see if, somehow, we could get this ordinance [sic] on the September first meeting so we could approve this, so I'm going to read the ordinance into the record, and before I do that, I want to take the opportunity -- this Friday is Cultural Friday on 8th Street. We've been doing it for seven years. It is fruly something to go out and check it out, and everyone here, I invite you to come and participate. Well also be celebrating 111 th anniversary, so we're going to have a big cake out there, and we invite everyone to come and celebrate with us the City's birthday, so the resolution reads as follows: It's a resolution of the City ofMiami Commission waiving Section 54-440 of the Code of the City ofMiami, Florida, as amended, entitled "Restrictions," of the Little Havana Special Event [sic] District, to allow vending by artisans on the property at 1400 Southwest 8th Sfreet -- for the record, that's the McDonald [sic] site, and there's consent from the owner -- during Friday, Saturday, and Sunday, for -- from the effective date of this resolution through December 31, 207 [sic]; directing the City Manager to provide for creation of a district or some other mechanism to City ofMiami Page 217 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 address the artisans on Calle Ocho between Southwest 10th Street [sic] and 17th Avenue. So move. Commissioner Spence -Jones: Second. Commissioner Sarnoff All right. We have a resolution. All in favor, say "aye. " The Commission (Collectively): Aye. Commissioner Sarnoff Hearing no "nos, " it passes. Vice Chairman Sanchez: No, and do we have pocket items? Commissioner Regalado: Huh? Vice Chairman Sanchez: Do you have -- Commissioner Spence -Jones: No. Vice Chairman Sanchez: -- pocket items? Commissioner Spence -Jones: No. We have other items. Commissioner Regalado: I have two items in my page. Vice Chairman Sanchez: All right, and we'll wait -- Commissioner Spence -Jones: You have any pocket items? Vice Chairman Sanchez: -- for the pocket items to the end. Commissioner Regalado: Huh? Commissioner Spence -Jones: You have --? Vice Chairman Sanchez: We'll wait for the pocket items to the end -- Pedro G. Hernandez (City Manager): Commissioner. Vice Chairman Sanchez: -- so you're rec -- Yes. Mr. Hernandez: IfI may, in reference your item that was just approved. In talking to Lourdes Slazyk, the plan would be to have the proposed ordinance go to the Planning Advisory Board to their first meeting in September, and then the first reading will be at the September Planning and Zoning meeting. Vice Chairman Sanchez: It's perfectly fine. It's OK. I'm OK with it. All right. We'll hold off on the pocket items. City ofMiami Page 218 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 D4.1 07-00850 D4.1 07-00850a District 4- Commissioner Tomas Regalado DISTRICT 4 COMMISSIONER TOMAS REGALADO DISCUSSION ITEM DISCUSSION ABOUT REAPPOINTING THE AUDITOR GENERAL. 07-00850 Memo.pdf DISCUSSED Discussion on the item resulted in the resolution below: RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING VICTOR I. IGWE AS THE INDEPENDENT AUDITOR GENERAL OF THE CITY OF MIAMI, FLORIDA, FOR A FOUR-YEAR PERIOD, COMMENCING MAY 1, 2007. Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0426 A motion was made by Commissioner Sarnoff, seconded by Commmissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, directing the City Attorney to draft legislation for a proposed charter change that would allow for the appointment of the Auditor General to fall within the same two-year cycle as the City Attorney and City Clerk, and to bring proposed legislation back to the Commission meeting currently scheduled for September 27, 2007. Vice Chairman Sanchez: Commissioner Regalado, you're recognized for your item. Commissioner Regalado: Thank you, Mr. Chairman. Twice, we have discussed this, and we haven't taken any action. Several weeks ago, the City Commission approved the compensation package for the Auditor General of the City ofMiami, but since May, his contract has expired. We are the only ones that can reappoint the Auditor General. We are the only one that can decide whether the Auditor General stay, whether the City Attorney stay, whether the City Clerk stay. This is not done by the Mayor or the Manager. This is the City Commission's power, and these three individuals, plus, indirectly, the Manager, works for the City Commission, so we've been discussing this back and forth for a long time, so I would like to introduce a resolution to reappoint the Auditor General of the City ofMiami -- Vice Chairman Sanchez: All right. Commissioner Spence -Jones: I -- Commissioner Regalado: -- Mr. Victor Igwe. Vice Chairman Sanchez: There is -- City ofMiami Page 219 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Spence -Jones: I would like -- I'm sorry. Vice Chairman Sanchez: -- there's a motion by Commissioner Regalado to re -- not re -- reappoint? Commissioner Regalado: Yeah, reappoint -- Vice Chairman Sanchez: I mean -- Commissioner Regalado: -- because -- Vice Chairman Sanchez: -- reappoint or --? OK, reappoint the Auditor General. There is a second for the purpose of discussion by Commissioner Spence -Jones. The item is under discussion. Commissioner Spence Jones, you're recognized. Commissioner Spence -Jones: Sure. As you know, and everybody on the Commission knows, that I've been 100 percent in support of the Auditor. As a matter of fact, even -- regarding the benefits and compensation, I believe it was me that actually brought the item to make sure that it was addressed. This was also during the time, I believe, after our Madam City Clerk had been waiting for a while, and even our -- after the City Attorney had the opportunity to be appointed, so by all means, I support Victor 100 percent. I just wanted to just have some clarity on the motion, butt want to, at least, talk to my City Attorney so that I can have a clear understanding of the three posts, the City Attorney -- the difference between the City Attorney, the Clerk, and the Auditor, and not necessarily for me to understand it, but for those watching it to understand the difference in their appointments. Maria J. Chiaro (Assistant City Attorney): As you know, the City Clerk, the City Attorney, and the Auditor General are the three people who are directly appointed by the City Commission. The only one of those positions that sets out a definite term of office is the Auditor General. That term of office is set forth in the City Charter -- Vice Chairman Sanchez: Four years. Commissioner Sarnoff Right. Ms. Chiaro: -- as four years. Commissioner Sarnoff Right. Ms. Chiaro: The appointment of the City Clerk and the appointment of the City Attorney occur - Commissioner Sarnoff Every year. Ms. Chiaro: -- after each municipal election, every two years. Commissioner Sarnoff Right. Ms. Chiaro: The specific term for the City Attorney and the City Clerk are not set forth in the Charter or in the Code, but through extrapolation and language, that is the way the appointments are interpreted. The -- Commissioner Regalado: But that is the way that the voters decided -- Commissioner Spence -Jones: Yes. City ofMiami Page 220 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Regalado: -- it should be. Commissioner Spence -Jones: Right. Commissioner Sarnoff For Victor. Commissioner Regalado: With the Auditor General. Ms. Chiaro: I'm sor -- Commissioner Sarnoff Right. Ms. Chiaro: Yes. That is beca -- and further, the very strict appointment and term of office for the Auditor General is set forth in the City Charter -- Commissioner Sarnoff Charter, right. Ms. Chiaro: -- provision that was approved -- which was approved by the voters -- Commissioner Sarnoff Correct. Ms. Chiaro: -- so there is -- Commissioner Spence -Jones: And -- Ms. Chiaro: -- a very profound distinction. Vice Chairman Sanchez: OK. Note for the Record: At this point, there was a brief pause in the meeting due to a medical problem experienced by a member of City staff. Commissioner Regalado: OK, Mr. Chairman, now we know that he's OK. I would like to call a vote on this reappointment. Commissioner Spence -Jones: And I want to say again, I want to call a vote on the appointment, and I definitely want to make sure he's OK, butl do want us to definitely consider the fact that this is a four-year post, and Madam Clerk and the City Attorney have two separate situations from the auditor, and all of -- the only thing that I'm asking on the motion -- the only thing that I'm asking on the motion -- and I believe our office has had a communication with the Auditor and his suggestion, so that we're all on the same page, is -- I'm going to second the mo -- the Commissioner's motion contingent upon the City Commission, through a committee of one, to initiate a peer review of the Auditor's general --Auditor General's auditing practices and procedures, and the only -- and this is all based upon the national -- Commissioner Regalado: No, no, no, no, no. Commissioner Spence -Jones: Wait, let me just finish. Commissioner Regalado: No, no, no. Commissioner Spence -Jones: Let -- Commissioner Regalado: No, no, no, then withdraw your second. City ofMiami Page 221 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Spence -Jones: OK, but let me -- Commissioner Regalado: OK, then withdraw your second. Vice Chairman Sanchez: All right. Hold -- Commissioner Spence -Jones: OK. Vice Chairman Sanchez: -- on, hold on, hold on. Let's -- Commissioner Regalado: Please -- Vice Chairman Sanchez: -- do something. Commissioner Regalado: -- withdraw your second. Vice Chairman Sanchez: Let's do something. Let's take that item separately. Commissioner Regalado: No. There's no -- Vice Chairman Sanchez: Commissioner -- Commissioner Regalado: -- I will not accept -- Vice Chairman Sanchez: -- Commissioner -- Commissioner Regalado: -- any more delays on this. Either we -- Commissioner Spence -Jones: I don't want to -- Commissioner Regalado: -- vote -- Commissioner Spence -Jones: -- delay it. I don't -- I'm not saying let's -- Commissioner Regalado: You just said that it's contingency [sic] upon an auditor or -- Commissioner Spence -Jones: No, no, no, no. Commissioner Regalado: -- doing -- Commissioner Spence -Jones: I don't want -- I want to be very clear. I'm not asking for a delay. Vice Chairman Sanchez: Could I get control of the meeting to try to get this --? Commissioner Spence -Jones: I don't want to delay it. Vice Chairman Sanchez: With all due respect, listen, Commissioner, you have -- Commissioner Regalado: I was -- Vice Chairman Sanchez: -- your motion. Commissioner Spence -Jones: It's his item. It's his item. City ofMiami Page 222 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Regalado: I -- Commissioner Spence -Jones: I'm not asking to delay it. Let's just be very clear. I'm not asking to delay the item. Vice Chairman Sanchez: All right. Listen, there's a motion on the table to reappoint the Auditor General. That's the only item that's on the table. Commissioner Sarnoff Second the motion. Vice Chairman Sanchez: There's a second by Commissioner Sarnoff, OK. No further discussion on the item. Madam Clerk, let's have a roll call, and then, if you want to add something to that, we could take it up. All right. Commissioner Spence -Jones: OK. Vice Chairman Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Spence -Jones? Commissioner Spence -Jones: I'm going to vote yes, butt have a comment to put on the record. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes, without comment. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. All right. That item -- Ms. Thompson: The resolu -- Vice Chairman Sanchez: -- it passes. OK. Now, Commissioner Spence -Jones, you are recognized. Commissioner Spence -Jones: Right. Thank you, and I just want to be very clear -- because I support Commissioner Regalado's item. As a matter of fact, I've been supporting it fi^om day one. That's not what this is about. The whole purpose of it was because there's dis -- it was explained to me that it's a four-year term, that even if there was a review done on him, that's why we had a conversation with the Auditor General, and this was actually his suggestion; is that not correct? I want to just clear it up, Larry. Larry, can you please, Mr. Spring, hit the mike? Was this not his suggestion that he -- the way that he would prefer to do it is not through the City Manager, but through -- and explain why -- Larry Spring (Chief Financial Officer): Through a -- Commissioner Spence -Jones: -- this process is a better, fair process than any other process. Mr. Spring: The -- Larry Spring, chief financial officer. The industry practice in all CPA (Certified Public Accountant) firms is to have a peer review process. That peer review process is conducted free of charge through one of the national associations. That is the recommendation City ofMiami Page 223 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 that we were discussing earlier with the Auditor General. It keeps the City Manager and Administration out of the process, and it is done by another independent source, so it's normal practice. It's done -- CPA firms all around the nation peer review. You can all look it up. Commissioner Sarnoff I'm just curious how that works when the Charter says a four-year term. I'm just curious how you can take away -- let's suppose a peer review comes back bad; comes back horrible. What do we do? Mr. Spring: I -- Vice Chairman Sanchez: We could remove him. Mr. Spring: -- don't have a -- Commissioner Spence -Jones: But let me ask this question. I just want to ask this ques -- Commissioner Sarnoff Is that it, you can remove him? Commissioner Spence -Jones: And let's not make this about Victor because this is not about Victor. What this is about -- what if Victor is not there? That's the point. What if we get somebody in there that's not as good as Victor? What about if we get somebody in there that has their own personal agenda, and for whatever reason, because they get appointed for four years - Vice Chairman Sanchez: All right. Commissioner Spence -Jones: -- that they decide they want to wreck [sic], you know, havoc on the City? Commissioner Regalado: Yeah, but -- Commissioner Spence -Jones: That's not about -- that's -- so it's not about Victor. I just simply asked a question, and again, if the Auditor General was uncomfortable with it, I would have said, from day one, we're not going to do it because, again, I've been the one that's been supporting the Auditor and making sure that, one, he gets his benefits and his compensation. Now if we have a different situation for Victor than we do with the City Clerk and the City Attorney, I think that's a little unfair. I don't think that nobody sitting up here can sit here and determine what the City Clerk does for a living, but each one of us was assigned to one of them to come back to give a recommendation as to whether or not this person could do this job, and I don't think that we should be in that position to do that, so that was my whole point in it. Mr. Spring: Mr. Chair. Commissioner Regalado: Can I say something? Commissioner Spence -Jones: Yes. Commissioner Regalado: We're elected for four years, too, and we don't have a national agency Commissioner Spence -Jones: Yeah, but -- Commissioner Regalado: -- looking over -- Commissioner Spence -Jones: -- we're elected. We're elected. City ofMiami Page 224 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Regalado: Right. Commissioner Spence -Jones: Right. We appoint this person. Commissioner Regalado: We are designated by the people -- Commissioner Spence -Jones: That's the difference. Commissioner Regalado: -- to make decisions, and one of the decision actually was made by the people to create a position of the Auditor General for four years. Now I don't have any problem on supporting you in placing in the November ballot a change in the Charter saying, you know, as the City Attorney, the Auditor General has to be reappointed every municipal election. That is fine by me. I think it's -- it makes sense, but it was done like that when the Charter was change. I would support that -- Vice Chairman Sanchez: All right. Commissioner Spence -Jones: And I thank you for that support. Definitely, I would love to have that happen because I would want this process to be fair to my City Clerk and to my City Attorney, just as it is to Victor, but -- Commissioner Regalado: Right. Commissioner Spence -Jones: -- can you please speak on the issue? Mr. Spring: All I wanted to put on the record is the -- what -- the the peer review basically involves a quality control review. They look at the practices of the office, organizational development techniques for the staff things of that nature. It is not a -- the peer review is not a job evaluation, if you will, of the auditor. It is a quality control review to make sure that the appropriate standards are being met. It is not -- Commissioner Sarnoff Well -- Mr. Spring: -- intended to -- Commissioner Sarnoff -- and that's my point. Now Commissioner Sanchez said something, and I want to know, from the City Attorney, if this is correct. Victor gets reappointed for four years -- or anyone get -- let's call him Joseph Stalin -- Commissioner Spence -Jones: Right. Commissioner Sarnoff -- gets appointed for four years, a really bad guy, and he comes back with a really bad peer review. What, as a Commission, are we allowed to do once we've contracted with him for four years? Ms. Chiaro: The independent auditor general is subject to suspension and/or removal by the City Commission for incompetence, neglect of duty, immorality, drunkenness, failure to obey orders given by proper authority, and for any other just and reasonable cause. Commissioner Sarnoff OK, then it is your -- is it your opinion that if a poor peer review comes back, that we would have for cause to terminate him? Commissioner Spence -Jones: OK, and then my question becomes -- City ofMiami Page 225 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Sarnoff Hold -- Commissioner Spence -Jones: -- would you --? No, I'm going to answer your question. Commissioner Sarnoff No, I don't want you. Commissioner Spence -Jones: Do we --? Commissioner Sarnoff I want her to answer it. Commissioner Spence -Jones: Well, I do want to answer it, too, though. Commissioner Sarnoff Well, I want the attorney to answer it -- Commissioner Spence -Jones: OK. Commissioner Sarnoff -- and then the Commissioners are free to tell me whatever they want. Commissioner Spence -Jones: OK. Hs. Chiaro: Depending on the findings, I believe you could have a hearing to determine whether the independent auditor general could be removed for just and reasonable cause -- Commissioner Sarnoff OK. Hs. Chiaro: -- based upon the findings of an audit. Commissioner Spence -Jones: So -- and it would -- I'm sorry. I'm going to let you finish your statement. Vice Chairman Sanchez: You're recognized. Commissioner Sarnoff No. I wanted to hear that. Commissioner Spence -Jones: So -- and then, at the end of the day, it still comes back to us to make the decision if that's true or not? So all I'm saying -- and this is -- I support Victor, and Victor knows I support -- it's not even about that. It's about being fair. If -- whatever we do with the Clerk and whatever we do with the City Attorney -- and I understand that it's a part of the Charter, the reality is we can get somebody in a position, and if we're not able to make -- if we can't do anything with them for the four years, then where do we go from here? And are we saying that we do not want to have the practice of -- even our -- and he -- Victor can stand up to the mike and tell you. Auditors get audited. How do we deter -- how do we know whether or not it's, you know -- if there are any issues? Commissioner Regalado: But is the Florida Bar going to -- Commissioner Spence -Jones: I think -- Commissioner Regalado: -- inspect the Office of the -- Commissioner Spence -Jones: Of the City Attorney? Commissioner Regalado: -- City Attorney? Commissioner Spence -Jones: I don't have a problem with that. City ofMiami Page 226 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Regalado: Is the Association of Clerks going to do an inspection on the Clerk? Commissioner Spence -Jones: The point of the -- Mr. -- Commissioner Regalado, was -- Commissioner Regalado: No. I'm -- Commissioner Spence -Jones: -- before we -- Commissioner Regalado: -- dumb. I don't -- Commissioner Spence -Jones: -- if that -- if that's -- Commissioner Regalado: -- understand. Commissioner Spence -Jones: -- the choice and the decision of this Commission, then yes. I asked our Auditor General the best way that he would like to handle it. That was his recommendation because he did not want the City Administration to be responsible for making a decision about how well he was doing his job, and I respect that. It was -- I wouldn't know to say that. That came from him. Commissioner Sarnoff Well, I think I like your first argument, which was that we should bring this on the same basis as the Clerk and the City Attorney -- Commissioner Regalado: Right. Commissioner Sarnoff -- so we -- Commissioner Regalado: We'll do it in November. Commissioner Sarnoff -- should do a Charter review. We should do a Charter change. Commissioner Regalado: We'll do it in the Charter change in November, which is the best thing. Vice Chairman Sanchez: I was going to -- Commissioner Regalado: Let the voters decide. Commissioner Sarnoff Right. Well -- and everybody can then be reappointed after -- Vice Chairman Sanchez: All right. Commissioner Sarnoff -- each Commission gets seated. Vice Chairman Sanchez: I was going to proffer that, but -- Commissioner Spence -Jones: Well, that's fine. Vice Chairman Sanchez: -- as the Chair -- did somebody want to proffer that on the issue? Commissioner Sarnoff Well, I'll proffer it, but understand, if we're going to do it this November, it's going to cost us some money. Vice Chairman Sanchez: No, no, no, no, no, no. We're going to -- City ofMiami Page 227 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Regalado: No, we do it -- Vice Chairman Sanchez: No. Commissioner Regalado: -- in January. Victor Igwe (Auditor General): Yeah. Commissioner Sarnoff Right, but -- Vice Chairman Sanchez: In January. Commissioner Sarnoff -- January -- right, the January change because January -- Commissioner Regalado: We do it -- Commissioner Sarnoff -- will be the -- Commissioner Regalado: -- all the -- Commissioner Sarnoff -- major election. Commissioner Regalado: -- charters change -- Vice Chairman Sanchez: And -- Commissioner Sarnoff Well -- Commissioner Regalado: -- are going in January. Vice Chairman Sanchez: -- in that case, what we establish is a process, a process where once -- Mr. Igwe: Yeah, Commissioners -- Vice Chairman Sanchez: -- the City Clerk -- Mr. Igwe: -- can I --? Vice Chairman Sanchez: -- or the City -- Commissioner Spence -Jones: He's -- Vice Chairman Sanchez: --Attorney -- Commissioner Spence -Jones: -- coherent. Go ahead. Unidentified Speaker: Cannot get up. Mr. Igwe: Yeah, and I can get up, butl think I ought to sit down. I've been sitting here all day, and I never really had my lunch. That's why -- what happened, but believe that the issue that pertains to peer review, I think, has not been properly presented to the Commission. Peer review processes are voluntary in nature. My office is a member of the National Association of the Local Government Auditors, and we follow what we call the GAGAS, which is the Generally Accepted Government Auditing Standards. When they come in to peer review you, they determine whether or not you followed those specific procedures. I don't make up my own City ofMiami Page 228 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 procedures. No auditor make up their own procedures. Those procedures have already been made up. When you do any audit, whether it's CRA (Community Redevelopment Agency) or Bayfront Park, or the Community Development Department, there are specific processes that you have to follow, which has been, you know, determined by this GAGAS organization, which is, you know, GAGAS -- which is put out by the US Comptroller General. I don't make up my own procedures, so when they come in, they be frying to determine whether or not I'm following that particular GAGAS, so as it pertains to peer reviews, peer reviews are voluntary. I don't have any problem -- actually, I've been even frying, you know, to do one peer review since I've been here. We -- the last one we had was in 1999, and I think it's about time we have another one, so I don't think -- I don't believe that that will preclude my reappointments but, Commissioner, I think -- you know, if you're putting it -- you know, I think -- I believe you were saying that you -- you acknowledge you're making it -- you know, you were saying contingent on a peer review, which I don't think, you know, I wouldn't recommend that you do -- Commissioner Spence -Jones: OK. Mr. Igwe: -- but will prefer that you maybe indicate that before that four-year term runs out, that we get a peer review. It's a voluntary thing. I can put my department against any internal audit department in the whole nation. I'm not talking about just in Florida or, you know, South Florida, OK. We -- I've recovered $10 million for this City -- Commissioner Spence -Jones: Right. Mr. Igwe: -- we've collected 6 million. My audit has actually resulted in people being indicted. I can count now about five indictments. I mean, what else would a peer reviewer tell me that already don't know? Commissioner Spence -Jones: Right. Mr. Igwe: OK. I've also gone to peer reviews, so I know the process -- Commissioner Spence -Jones: Right. Mr. Igwe: -- so I don't think that this will, in any way, or shape, or form, you know, hinder my reappointment, but -- you know, I don't have any problem, within thatfour-year term, voluntarily doing the peer review. Commissioner Spence -Jones: OK, and again, this was a suggestion that was made by the Auditor. I wouldn't know to even -- Commissioner Sarnoff No, no, no. I had -- Commissioner Spence -Jones: -- mention this, so -- Commissioner Regalado: The only thing -- Commissioner Sarnoff Victor, the good news is you've been reappointed. That's done -- Commissioner Regalado: The -- Commissioner Sarnoff -- but let me just say this. Why don't we do this? September 28, Madam City Attorney, I believe you're supposed to come back to me with some language for a bill of rights for a Charter change. Could you also, at the same time, come back with the language for the reappointment of the Auditor General so he goes in the same cycle -- City ofMiami Page 229 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Vice Chairman Sanchez: As -- Commissioner Sarnoff -- as the City Attorney -- Commissioner Spence -Jones: Attorney and -- Commissioner Sarnoff -- and as with the City Clerk? Vice Chairman Sanchez: That's it. Ms. Chiaro: Yes. We will -- Commissioner Sarnoff So that -- Ms. Chiaro: -- bring back language of a question -- Commissioner Sarnoff -- in January -- Ms. Chiaro: -- to present to the voters. Commissioner Sarnoff -- we will have language for a Charter change. Vice Chairman Sanchez: All right. There's been a motion. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: Second, directing the City Attorney to come back with language to create a process to include the Auditor General with the City Clerk and the City Attorney every two years for review and ratification. All right. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in -- Commissioner Regalado: And the reason -- Vice Chairman Sanchez: -- opposition, say "nay." Motion carries. Commissioner Regalado, you're recognized. Commissioner Regalado: And the reason that I wanted just this motion a part of everything is because Commissioner Spence -Jones mentioned the word "contingent" to this review. I think that what we did is the right thing. If he's -- wants to invite this association to do whatever, fine by me, but you cannot delay anymore this situation because it's unfair. It's unfair -- Commissioner Spence -Jones: Yeah. Commissioner Regalado: -- to the resident, to the department, and to the Auditor General. Commissioner Spence -Jones: Agreed. D4.2 07-00962 DISCUSSION ITEM DISCUSSION REGARDING PROJECTED REVENUES FROM SLOT MACHINES AT PARI-MUTUELS WITHIN THE CITY OF MIAMI. 07-00962 Memo.pdf City ofMiami Page 230 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 DISCUSSED Commissioner Regalado: The other item, Mr. Chairman, is the -- a discussion regarding the projected revenues from the slot machines at pari-mutuels within the City ofMiami. This has been an ongoing thing in my agenda because since six month ago, we know that this was going to go in the ballot, and it's going on the ballot in January 29, 2008. I had the privilege of meeting with the owners and operators and attorneys of Flagler Dog Track, which is the pari-mutuel that is in my district, and they are working on a plan for the City to benefit with this election if this election, as the poll says, will be approve. In fact, we have the attorney here for Flagler Dog Track. Lori, you want to just --? They are willing to cooperate. My understanding is that they want to -- I think they're meeting with the City Manager next week -- Pedro G. Hernandez (City Manager): Next Wednesday. Commissioner Regalado: -- on Wednesday, and it is of great importance because -- for two things. That facility is located on an area that is low middle-class, where there is unemployment, and also, it's one of the most important sites in District 4, so this is why I went and reach out to them because I believe -- I've seen the Broward experience, and I believe that we can do good with a partnership. Two of the three pari-mutuels in Miami -Dade County are within the City of Miami, and lady and gentleman, if you just want to -- we just want to know -- well, we know that you will cooperate. Thank you. Lori Weems: Mr. Chairman, Commissioners, Lori Weems, vice president and general counsel of Flagler Dog Track, with offices at 401 Northwest 38th Court, in Miami, and we appreciate and - - the opportunity to work with the City. It's always been our intention. In fact, in 2005, we were in negotiations and worked toward the principle -- an agreement in principle with the Administration at the time, and have always intended -- obviously, we didn't lose -- we lost, unfortunately, in May of -- March of 2005, and that concluded those negotiations, and the City -- the County did execute and adopt, in a definitive agreement with us back at that time that provided for revenue sharing, and Mr. Manager, at that time, I know that you were involved in supporting and working towards that negotiation. We certainly intend, on behalf of Flagler, to work with the City, to partner with the City. We see ourselves as long-term City residents and City citizens and appreciate the opportunity to work with you, Mr. Manager and Commissioners, and thank you for the opportunity to address you tonight. Anything that we can -- any information we can provide -- and we want to be open books to you. Anything that we can do to help our City, we want to, and we appreciate your time, and thank you, Commissioner Regalado, for bringing us here tonight. Commissioner Regalado: Well, thank you, and this just an example of the new revenues that the City can have because we are going to have deep cuts in the budget, but this is a new revenue that would not impact every resident. This is not a fee. Whoever wants to go, go there, and I think that if we can duplicate the experience of Hallandale or some of the Broward municipalities, we'll be very OK with this facility and, hopefully, the voters will be approving this in January. Vice Chairman Sanchez: All right. Has -- any questions on this? If not, does the Administration have any numbers, projections? Mr. Hernandez: Not at this time, sir. I know that some time back, as mentioned by the -- by counsel, there were negotiations, even a draft agreement developed, but I think it's best if we, again, get together and review it. I cannot reveal any numbers at this point or provide. Vice Chairman Sanchez: All right. When those revenues are discussed, I think that there should be at least three priorities that we should be looking at, just speaking hypothetically. One is, of course, to continue to reduce taxes is one. Second will be social services, with the shortfalls that we're facing from the County, and of course, the third would be park; park acquisition of land City ofMiami Page 231 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 and park improvements in our parks, and you're talking about big money, and that does happen for the City ofMiami. City ofMiami Page 232 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 07-00967 DISCUSSION ITEM DISCUSSION REGARDING "POLICE ASSOCIATION" POLICY. 07-00967 Email.pdf MOTION A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, with Chairman Gonzalez absent, directing the City Manager to meet with ChiefJohn F. Timoney and Armando Aguilar of the Fraternal Order of Police to review the Police Association Policy, as well as other policies, to ensure fairness in their application; to review related cases within the Police Department, whether active or inactive; and provide to the Commission, at its meeting currently scheduled for August 1, 2007, a recommended fair and equitable police association policy. Vice Chairman Sanchez: All right. Pocket items. Commissioner Regalado: Yeah. Vice Chairman Sanchez: All right. Commissioner Regalado, you're recognized for your pocket item. Commissioner Regalado: I have one pocket item. Thank you very much. The resolution of the - Vice Chairman Sanchez: Commissioner Regalado, please, would you allow me? She has not done her items yet? Commissioner Spence -Jones: I didn't do my blue pages. Commissioner Regalado: Oh, I'm sorry. Vice Chairman Sanchez: We'll do the pocket items last. I apologize. Commissioner Spence -Jones: No problem -- Vice Chairman Sanchez: Commissioner Spence Jones -- Commissioner Spence -Jones: -- Mr. Chairman. Vice Chairman Sanchez: -- you're recognized. Commissioner Spence -Jones: OK. This is D5.1, Police Association Policy. At this time, I want to do two things. One, I want to -- would like to have Vernell, FOP (Fraternal Order of Police), both of you, Armando -- I don't know where you are -- to at least step to this mike over here, and I'd like to also recognize and acknowledge Bishop Curry that's -- that actually has, you know, pushed very hard on this issue from NAACP (National Association for the Advancement of Colored People). I would really like to at least give him some due respect to at least also come to the mike to at least express their concerns from an NAACP standpoint regarding this issue. As he comes up, I just -- you know, I want to say this. First of all, I appreciate the City Manager and the FOP really, really trying to work through this issue. It's -- for me, it's almost going on -- City ofMiami Page 233 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 almost feels like 90 days trying to get to the bottom of this, and this is 90 days not counting when we started -- when the clock started ticking, so this actually was going on a lot longer than this, but, you know, it just seems though -- to me, that, you know, even though Commissioner Sarnoff, in the last meeting we had, proffered something and asked for them to go back to the drawing board to really work on this policy, it -- to me, it really doesn't feel like it's moving, so I really wanted to, at least, afford them the opportunity to speak to my colleagues regarding this issue, and just to remind you what this is all about. This is referring to the policy of association of an individual that has married or has any relationships, whether or not it be a son, daughter, or whatever the case may be, with a known ex felon that, you know, they have -- or they're being put in a position where they're actually losing their jobs, and the City Manager uses a great example, like I do. I look at Mr. Leroy Jones, and we all know him. We see him almost every other month, and -- regarding positive things that he's doing for businesses, but he is an ex felon. He's a prime example of what a person can do to turn their lives around and do good things, and as the Manager and I was talking about this earlier, it would be just like us saying to one of the female officers that are here tonight to us, you know, that you could not marry or have a relationship with a Leroy Jones. If the policy cannot be applied across-the-board for everyone in the department, and if a person like this is really frying to do the right thing and has met someone or has a mother -- or a mother has a son or a daughter that has gotten in trouble and they have to disassociate themselves with this, this policy, you know, is just not a good policy, so I'm not going to hog the mike, and I am going to respect the request of the City Manager, butl do think that we owe them this opportunity to address the City Commission, and Mr. Chairman, I really would appreciate you indulging us on that. Vice Chairman Sanchez: Yes. State your name and address for the record, those that'll be speaking. Welcome. Vernell Reynolds: Vernell Reynolds, executive board member of the FOP, president of the MCPBA, Miami Community Police Benevolence Association. Armando Aguilar: Armando Aguilar, president, Miami Fraternal Order of Police, 710 Southwest 12th Avenue. Good evening, Commissioners, Mr. Manager. As the Commissioner said, a while back, the Commission passed a resolution, and that resolution basically gave very strict guidelines in which to develop this policy. We have met on a couple of occasions with the Manager, with the Police Department, and it seems as though -- I thought that this was a very relatively simple solution due to the fact that the Commission basically told us what had to be in that policy. We ended up having to pull the minutes from the Commission meeting and the resolution. The first policy that the Department came up with was actually stricter than the one they had originally, but am confident that we're going to get through it, and we're going to get it resolved. I don't think the policy is fair. I think it's unconstitutional, and I'm hoping that very soon we'll be able to resolve this issue. Thank you. Commissioner Spence -Jones: Bishop, and also, ifI can have our Deputy Chief at least be at the podium in case -- just in case the Commissioners do have questions. I think that it's important for him to be a part of this discussion. Bishop Victor Curry: Bishop Victor Curry, 2300 Northwest 135th Street, North Miami. Mr. Chair, Commissioners, a few months ago, we, the Miami -Dade branch of the NACP [sic], invited the Mayor, the City Manager, Commissioner Michelle Spence Jones, as well as the Chief and others to a public meeting. This issue came up. The Chief told us in that public meeting that he could not speak to the issue. We arranged a private meeting with the Mayor, Commissioner Michelle Spence -Jones, the Chief -- the Deputy Chief and some other people. I've been sharing with the Mayor and the Commissioner that I, too, believe that this particular policy is unfair. Number one, we've asked police officers to -- when they leave home, they're not sure they're coming back home. Then when they conduct their jobs, they have to deal with people like me in the community, who scrutinize everything they do, butt have a major problem in the sense that if City ofMiami Page 234 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 they're going to have all that pressure externally, the last place I thought that they would have problems would be internally, within their own department. Right now, this policy is adversely affecting African -American women, as I can see it, but just like any other thing, when it's unfair just to a particular group, it has a tendency to spread. What we're asking, and what we've been asking is for this particular policy to be modified. We're also asking that the police officers, whether they're African -American female, whether they're Hispanic male or female, orAnglo, that they get their jobs back if this was the only reason that they were fired because after they leave home and after they have to be scrutinized by everybody in the community, lay their lives on the line, at least they can go back home to someone who could love them unconditionally, and now the Police Department is taking that from them, so I'm asking -- and we're going to keep asking, and we've been very, very patient. We've been very kind. We've spoken about this over the air, butt just think it's unfair to the police officers, period. Right now, it seems to adversely affect African -American females, but what we're going to do, if this policy remains, is that we're going to call for an investigation to see whether this thing lands because I'm hearing other names that are not being brought to the forefront, who still work for the Police Department, and as I said to the Chief number one, you can't help who you fall in love with, number one. Number two, we have children sometimes who make bad decisions, butt would never, ever want anyone to disassociate themselves or choose between a family member and a job, and I just think it's unreasonable, and I think it's unfair, and we're going to continue to monitor this, and we hope and we pray that the policy changes, and that these good police officers get their jobs back, and that's all. Thank you very much for your time. Vice Chairman Sanchez: All right. Commissioner Spence -Jones: Thank you, Bishop. Vernell, would you like to -- Ms. Reynolds: Yes. Commissioner Spence -Jones: -- say something, and then --? Ms. Reynolds: I think we've taken a very simple policy, and we've taken time out, but I think, most importantly, we've forgotten about the females who do not have jobs, and as we procrastinate and time passes, these females are still out of their job. I think we really have to take that into consideration and stop postponing this matter. Thank you. Commissioner Spence -Jones: Thank you, Vernell. Mr. City Manager -- and then I'm going to allow for the Chief to, at least, address the Commission. I know that you have been working hard to address this issue, and I know that you've asked me to give you to August 1, which is the next Commission meeting, to at least hammer out the policy. Chief I don't have a problem with giving him the time or giving y'all the time to hammer out the policy. It's just very difficult for me to look at those same people that live in my neighborhood that I have to see almost every other day, for whatever reason, and I'm not addressing their issue, you know, and I understand, Mr. Manager, you're trying to get to the bottom of it, but we've been asking them for -- to hold on for a while now, and it is -- essentially, the policy is not really changing at this point. Now I asked you to also give me at least an example -- and I understand that you said that it's vague, but another police department, which is the Miami -Dade Police Department that has a similar policy, but it's to the point. Could you -- can you at least read for me the policy of the Miami -Dade Police Department? Pedro G. Hernandez (City Manager): Well, before I do that, Commissioner, I think it's important to note that we, the Administration, the Chief of Police, the Deputy Chief FOP, counsel, have been working on this seriously to come up with what we feel would be a -- Commissioner Spence -Jones: Fair. City ofMiami Page 235 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Mr. Hernandez: -- guideline that will be fair, that you could apply uniformly, and that would be -- provide clarity. The one that you actually mentioned, which is from Miami -Dade Police, reads as follows: Associating with criminal element. No employee, except in the discharge of duty, may knowingly associate with persons engaged in unlawful activities. Commissioner Spence -Jones: Can you read that one line loud enough so we could hear it? I think this is very similar to Sarnoffs -- Mr. Hernandez: No. It's also worth to note that this is pulled out of one of their chapters, and I don't know what else is associated with it, so with that caveat, I'll read it again. Associating with criminal element. No employee, except in the discharge of duty, may knowingly associate with persons engaged in unlawful activities. Commissioner Spence -Jones: So -- and this is Miami -Dade -- Mr. Hernandez: Now -- Commissioner Spence -Jones: -- County Police Department, correct? Mr. Hernandez: That's -- this is a quote from Miami -Dade Police Department, Chapter 12, Part 1, Section G5. Commissioner Spence -Jones: So really, it's knowingly -- meaning they know that this person is actually engaged in criminal activity. Mr. Hernandez: Well, it deals -- Commissioner Spence -Jones: Basically, that's what they're pointing out. Mr. Hernandez: -- with the police officer. If the police -- Commissioner Spence -Jones: Right. That's what I'm saying. Mr. Hernandez: -- the police officer cannot knowingly associate with persons engaged in unlawful activities. Commissioner Spence -Jones: And then, I'm going to just close and turn it over to the Chief to address it, and then, hopefully, we can resolve it so that we can at least let the NAACP and other key people that have try -- been trying to resolve this issue. You know, we share -- the City, as a matter of fact, overlaps with the County, you know, meaning share in the areas from the standpoint of us being a part of the County, and what I could not understand, when that was brought to my attention, that if it was good enough for the County, then why couldn't it be good enough for us, so -- Mr. Hernandez: Commissioner, ifI -- Commissioner Spence -Jones: -- I -- we're going to work through it. I -- you know, I don't have a problem with working through it, and I do know that you do have other examples, but my point is, all I want to say to the Deputy Chief and to the Chief is that I'm only trying to resolve the issue. I need to be able to communicate to my constituents that this is an important issue. Families are being affected by this decision, and you know, if we're going to do something for one group or against another group, we need to do it across-the-board for everyone, so I'll at least -- I know Deputy Fernandez has been intimately involved in this. I don't know if the Chief wants to add to it, butt know that you guys have been frying to hammer it out, but I would like -- City ofMiami Page 236 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Mr. Hernandez: Commissioner, before they do, I would rather want to add to the record that, in essence, yes, I read from Miami -Dade Police, but we have a series of I would say, guidelines that we have looked at all across the nation; some more liberal, others stronger, other vague, other maybe more specific. What I think is important to note is that my recommendation to you is that you allow for, you know, the process to work and the Administration work with Police and work with FOP, et cetera. I don't believe that the City Commission should delve into areas of setting policy or guidelines at this level. I think that it's a slippery road, and it shouldn't be done in that fashion. Vice Chairman Sanchez: I just have one question. We can't speak on the issue, and I think I know what the question -- is it litigation involved? Commissioner Spence -Jones: Well, no, we're not talking -- Mr. Hernandez: No, we're not -- Commissioner Spence -Jones: -- about a case. We're sim -- Mr. Hernandez: In a way, I'm glad that you mentioned that because -- Vice Chairman Sanchez: Well, because -- Mr. Hernandez: -- I think that we have to be looking at your direction to us in looking at the guidelines that we have and clarifying those guidelines and provide uniformity and so forth. However, this is not a policy that we're modifying to be -- Vice Chairman Sanchez: No, no. Mr. Hernandez: -- tailor-made to resolve a case in the past. Vice Chairman Sanchez: That I agree. Mr. Hernandez: No. Vice Chairman Sanchez: That it's not -- Mr. Hernandez: It's got to be -- Vice Chairman Sanchez: -- focused on one person. Mr. Hernandez: No. Vice Chairman Sanchez: It's just fair across-the-board for everyone. Commissioner Spence -Jones: Yes. Mr. Hernandez: And provide clarity -- Vice Chairman Sanchez: Fairness. Mr. Hernandez: -- and uniformity -- Commissioner Spence -Jones: Yes. Mr. Hernandez: -- yes. City ofMiami Page 237 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Regalado: Can I say something? Commissioner Spence -Jones: Sure. Commissioner Regalado: Now I'm very intrigue here because the Manager just said that the City Commission should not dwell in this policy. I thought that the City Commission sets the policy in the City ofMiami, but furthermore, every time that there is a legal action against the City ofMiami, it is the responsibility of the City Commission to take the brunt of an out -of -court settlement or to allow the City Attorney to proceed in court. It is the responsibility, not of the Manager, not of the Chief not of the Mayor, but the City Commission to spend millions of dollars in litigation or settlement, so if this situation keeps on and on and on and there is a legal case or a suit filed or something, then it's totally out of the hands of the Administration, the Police, and it comes to us, the City Attorney asking permission to hire outside counsel because the City Attorney represents the City ofMiami Police, and it would be a conflict of interest, and we are going to wind up with 100 percent of the responsibility, so my question to the City Attorney, do we have the power to set a policy in any department of the City ofMiami? WilliamM. Rossi (Chief Deputy City Attorney): Mr. Chairman, Commissioner, in response to that question, yes, the Commission, as a body, as a general proposition, has the authority to set the policy. However, in this particular context, when you're dealing with terms and conditions of employment involving people that are covered by a collective bargaining agreement, you do not have, at the outset, the unilateral authority to set the policy that would directly impact terms and conditions of employment because those would be mandatory subject to bargaining. Now there's a process, by statute, that if, ultimately, the parties cannot reach agreement -- the parties, meaning the union and the City -- the Administration -- if they can't reach agreement, then ultimately, the matter would come to this body for final resolution, so in that sense, you still have the authority to legislate policy, but it's a little different than if you're dealing with a group of individuals that are not covered by a collective bargaining agreement or don't have bargaining rights. Commissioner Regalado: So what you're saying is we cannot legislate policy to avoid a legal case, then we have the power when there is a legal case. Mr. Rossi: Well, you have the power not in the context of a legal case, but in the context of collective bargaining and the process that is provided by Florida Statute. Commissioner Regalado: No, I understand that. I understand that. You came to us with the case of the sergeants, the Afro-American sergeants that are litigating against the City and the Police Department. We gave directions, I remember several years ago, on this case. There are seven now that are still litigating against the City for the promotions that they didn't get. That -- when -- if you're going to settle that case, you will come here, of course, to the City Commission, and that is an internal situation of the Police Department. Mr. Rossi: Certainly, in that context of a lawsuit and the consideration for how you might and whether you would settle a lawsuit, certainly. That's out of the bargaining context with regard to terms and conditions of employment that are covered by a set of statutes. That's a little different situation. Commissioner Sarnoff Wait, wait. It's 10 o'clock at night. Here's the question. Let's not get into esoteric jargon. Do we have the right to set, interfere, change, amend, play with, touch policy dealing with the right of association? Mr. Rossi: As it relates to people -- City ofMiami Page 238 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Sarnoff Police officers. Mr. Rossi: -- in the Police Department covered by a collective bargaining agreement, not at this point. Commissioner Sarnoff OK. Commissioner Spence -Jones: That -- but this contradicts now the original opinion that we got from the City Attorney prior to this now. Commissioner Regalado: Yeah. Commissioner Spence -Jones: You do know that, Mr. Rossi, right? Mr. Rossi: Well, he, I think, may have given a general statement that this board, this body, this Commission, does have the authority to legislate policy for the City, and generally speaking, for employees. The exception is if it's a group of employees subject to collective bargaining rights, so if it's a consistent opinion, it's just distinguished as it relates specifically to this group of individuals and this particular issue. Commissioner Spence -Jones: Armando, I see you standing there. I don't know if there is a reason why you're standing there. Mr. Aguilar: Yeah. Commissioner Spence -Jones: Is it in reference to the collective bargaining agreement? Mr. Aguilar: Yes, it is. Commissioner Spence -Jones: You want to speak to that? Mr. Aguilar: Yes. This issue was negotiated with the City. We sat; we talked. It wasn't collective bargaining, but we did meet with the City Administration, and we attempted to find a solution. It was then brought to the Commission for a final solution because we couldn't come to an agreement with the City, so if we're going to play with words, we, in fact, did meet with the City; couldn't come to a solution, and came to the Commission for a solution. Mr. Rossi: IfI could -- might respond to that. In that context, where there, in fact, has been negotiations, and then the union is coming forward and acquiescing in the Commission considering the issue, then I believe there is clear authority for the Commission then to respond and legislate policy because the union has now acknowledged that, in fact, it is waiving the procedure under 447 and chooses to go directly to the Commission. Commissioner Sarnoff Is that a clear waiver? Mr. Rossi: Based on the FOP representation, I think that they just said it would be. Commissioner Sarnoff OK. Commissioner Spence -Jones: I'm sorry. Mr. -- and everybody wants to talk, but I just want to make sure we clear this up, and then I know Mr. Chairman has a question, but I do want to say this, you know, because in getting briefed on this issue and trying to address this issue, everyone kept going back to this point of one case, this one particular case. This is not about one particular case. This is about the policy itself and how it's affecting -- adversely affecting women, especially black women in the department. That's the reason why this came up. Now the City ofMiami Page 239 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 case, of course, brought attention to the matter, and I want to be very clear on -- and I know that this thing is going through the legal rounds and all of that at this point, but the reality is, you know, when we start looking at the process and how it came in front of the board and they approved this person, and then it had to go to the City Manager and all that other stuff there's only been one person in ten years that's been fired for this thing, one person, so to me, after a while, it begins to feel a little personal, so that's the reason why I'm trying to clear it up. If in ten years we've only had one person -- we're going through all of this over one person -- I mean, we should be able to address this issue so that it doesn't affect any other women or any other people, period; any other families, period, but it just seems like it's -- for some reason, we're stuck there to prove a point, but do want Mr. Rossi to read this from your City Attorney that was done on May 23, regarding the legal opinion that requested from you. Commissioner Sarnoff Well, why don't we hear from the Chief? Commissioner Spence -Jones: Oh, we are, butl -- he made a statement about the legal opinion, and if this came -- Commissioner Sarnoff But he just said that we can address it, correct? Mr. Rossi: That's correct. Commissioner Sarnoff So let's address it. Commissioner Spence -Jones: OK. Commissioner Sarnoff I mean -- Commissioner Spence -Jones: All right. Commissioner Sarnoff -- it's 10 o'clock at night. Let's do something. Commissioner Spence -Jones: OK. Mr. Hernandez: Mr. Chairman, I think that we may be getting -- Unidentified Speaker: Commissioner -- Mr. Hernandez: -- away from -- Unidentified Speaker: -- can I just --? Mr. Hernandez: -- you know, the course of action here. I believe that there is a commitment to modify the policy to introduce a more progressive or human factor to it. There is no question about it. What was trying to say is that, in essence, allow us to work and get it done. Just as a point of reference, the -- all the, I would say, policies in place right now, even the most strict, are supported by case law in the favor of police because of the integrity of that force. There is no question, but we're frying to, let's say, be more progressive in understanding the impact that it's having in the community. Commissioner Sarnoff Look, you have a race neutral policy which is claimed to have a disparate impact on one employee. That's what you're facing. Mr. Hernandez: That's not the case. Commissioner Sarnoff Well, you have a race neutral policy. City ofMiami Page 240 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Mr. Hernandez: We do have, yes. Commissioner Sarnoff Right. You want that, trust me. Mr. Hernandez: Yes, no question. Commissioner Sarnoff Right -- Mr. Hernandez: I'm sorry. Commissioner Sarnoff -- and the allegation is that you're having a disparate impact. Now -- Mr. Hernandez: I agree. Commissioner Sarnoff -- ifI heard correctly -- and I don't know how many people have been fired -- one person's been fired over it? Commissioner Spence -Jones: Ten years. Mr. Hernandez: It's more than that. Commissioner Spence -Jones: No. The -- Mr. Hernandez: I think it's more. Commissioner Spence -Jones: In ten years, as far as the Civil Service Board -- Correct me -- Where are you, Armando? It's only one person that's actually come in front of this -- that particular board, correct -- Mr. Aguilar: I believe. Commissioner Spence -Jones: -- that's actually been fired? Mr. Aguilar: That have actually been fired that I'm aware -- Commissioner Spence -Jones: And the board -- Mr. Aguilar: -- of just one -- Commissioner Spence -Jones: -- overturned it, correct? Mr. Aguilar: -- but there are others pending investigations because of the same issue. Commissioner Spence -Jones: Right, right, but my point is, there's only one person in ten years that has been -- had been fired -- Mr. Aguilar: As far as I'm -- Commissioner Spence -Jones: -- correct? Mr. Aguilar: -- aware, yes. Commissioner Spence -Jones: And that the City Manager -- not you -- overturned, correct? City ofMiami Page 241 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Mr. Aguilar: Correct. Commissioner Spence -Jones: OK. Commissioner Sarnoff So -- but now I'm lost because if you have a race neutral policy and you only have one impact, you could never show disparate impact, so I'm -- now I'm lost because how can you show that the policy is racially biased if it's only happened once? Commissioner Spence -Jones: Because there are more people that are lined up that are actually going through the process right now. That's the point, and the issue is it's becoming more prevalent now, so whatl don't want to have happen is I don't want this one to turn to ten, turn to twenty, turn to thirty, and that's the point of me bringing it up. Commissioner Sarnoff OK. Vice Chairman Sanchez: Chief and then I -- taking a motion. Mr. Hernandez: Chief. ChiefJohn F. Timoney: Thank you. Police ChiefJohn Timoney, City ofMiami. I'm accompanied by Deputy Chief Frank Fernandez. First of all, this policy is not against any individual or group. It is a policy that every single police department in America has; that's number one. Number two, contrary to what the sergeant from the FOP alleged, this policy and policies like this all across America are, in fact, constitutional and have been upheld by the courts. Number three, not one individual, but three individuals have been fired;; two black females and a while female. There are no other cases pending. Finally -- and I'm not going to get into too many details now that see we're going to have more negotiations, but let me just stress the importance of this. If the intention of this Commission is to create some kind of an exception, the Miami Police Department will be the only police department in the nation that would have such an exception, and given the history of this department, I would advise strongly against it. Deputy Chief Frank Fernandez: Frank Fernandez, deputy chief Miami Police Department. Commissioners, as you said, I have -- I put together a focus group in the department to review this extensively since the beginning, and I want to say that, when we've come together with a policy that we are recommending, it is a collective spot of everyone in the department, our staff members, and they've done extensive research on it, and I could tell you that it is as fair a policy -- it's a liberal policy in terms of all the polices that are throughout the country, and the intention we went putting it together was to make sure that it wasn't vague. I took the instructions of the Commission at the time that you wanted us to create a policy that's clearly understood, understandable, and that's fair across-the-board. We also went back and reviewed all of the cases that we could in the department. We found, going back to 1985, a captain of Police, white Anglo male, that had been put up for termination for associate [sic] with a convicted felon. Now they found that that association was on an incidental contact, and that charge was dismissed, but they actually charged him with untruthfulness and other charges, and like that, in 1989, we had three Latin males that were terminated on that same charge, and I have a list going down of everyone that we could identify. In reviewing that list, I am here to assure you that it is fair; it has been applied equally across-the-board. Now there are issues coming up with certain employees as to why some exceptions, and without mentioning any names, which would not be appropriate to not embarrass anyone, I would say that, in most cases, to the best of the knowledge that have -- and again, I wasn't there, neither was Chief Timoney, to make those decisions, but pastAdministrations were there -- those exceptions were made because they were unavoidable. In other words, Commissioner, as you had mentioned, if someone has a son or daughter, husband or wife, that gets involved in a crime, we're not expecting them to separate, and that's never been the intention of the policy, never at all. It is not the intention today, and I City ofMiami Page 242 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 could tell you that this policy is not an enforcement policy. It wasn't done for that purpose. The policy, in essence, is done for -- as a preventive policy. It is done to protect the greater good of the organization, the integrity of the organization. That is what that policy is there for, and I could tell you, it hasn't been used very often because the mere presence of that policy is saying don't do it because, as innocent as it may seem, the public may look at it as a sign of corruption, your association. Now I respect everyone. I empathize with their situations, but I've got to tell you, in every single case, we have given ample opportunities for them to correct those situations, and I'm talking months; in some cases, over half a year to try to find some corrective measures. We've gone way out of our way before we had to go to the exfreme of utilizing this policy. I said I'm sorry, but we can't do that, and we did it in a sense to make sure that that policy was done equally and fairly across-the-board. I will also share with you that I've looked at all these policies across the country, and if you look at them -- I have them available to you if you want to meet. I'll be more than happy to share them with you, and you'll notice that our policy is extremely liberal. You know, we're -- we have sheriff associations that, if you marry within the ranks, if you're marry within the association, you're terminated. That's how strict these policies are, and it's been upheld to that exfreme by federal case law. We're not -- we don't have a policy that's that extreme. We have a policy that says this is a preventive policy to protect the greater good of the organization, and I will submit to you today that, if you go back to 1980 and all the things that have happened in Overtown, Liberty City, and Wynwood, the corruption cases, the gun planting cases, in particular, in Dade County, it is unfortunate, but the City ofMiami Police Department has been tarnished in many years, and we want to make sure that we have strong, strict policies to prevent any sort of corruption. I am in no way, shape, or form indicating today that any one of the individuals that are present there would do that, but the mere presence would create that impropriety and tarnish the image of the organization, and again, I'll go back to recap to tell you that that is the reason why that policy's been put in place, and I have analyzed myself with that focus group that we put together, every single case to ensure it was done fairly and equitable across-the-board, and I would also say to you that it is a guideline, and I -- when the process is done, there are internal remedies for the employee. The employee may be put up for termination, then they have a departmental disciplinary review board they go to. That board then puts together a recommendation for the Chief. The Chief looks at the recommendation of the command staff looks at the recommendation of the board, and would make a decision whether or not to terminate. Then the employee has additional internal remedies if the Chief chooses to go with termination. They would go to Civil Service. Civil Service then again submits, as you know, a recommendation, and the employee, then again, has another opportunity with the Manager to look and say is this fair or not, and the Manager holds the ultimate authority. From an external point of view, then they have civil court after that, but again, the policy, I would tell you, is not intended to discriminate against any class at all. It is intended to protect the greater good of the organization, and I will say to you that every department in the US (United States) has one. Commissioner Spence -Jones: Mr. Chair -- Thank you, Deputy. Deputy Chief Fernandez: You're welcome. Commissioner Spence -Jones: I just want to ask you a quick, little question though. You said that you had a little working committee of people working on this policy back and forth. How many people were on there? Deputy Chief Fernandez: Seven. Commissioner Spence -Jones: Seven, and was it a diverse committee? Deputy Chief Fernandez: Yes, it was. Commissioner Spence -Jones: So you had women and African Americans looking over this City ofMiami Page 243 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 policy -- I mean, this suggested policy? Deputy Chief Fernandez: Yes, I did. Commissioner Spence -Jones: OK, just wanted to ask. Deputy Chief Fernandez: And I'll share with you that, as I sat there with the group, and I mentioned to them that we wanted to have a policy that would allow association with known criminals and all the other -- what the definition requires, they all stood up and it shocked their conscience, every one of those staff members, and the next one thing that they said was it's going to hurt our organization. We shouldn't be doing this. Commissioner Spence -Jones: Well, I definitely would love to know who those seven were, if you don't mind -- Deputy Chief Fernandez: Absolutely. Commissioner Spence -Jones: -- who that working committee was -- Deputy Chief Fernandez: Yes, ma'am. Commissioner Spence -Jones: -- but let -- and I don't want to belabor it, and I do know we have two people that want to say something, and then I'll bring it back to the Commission. The thing that disturbs me the most about the so-called policy is that it's not being applied across-the-board. I mean, when I asked the question on an issue regarding, well, how does this issue even come up about this person being associated with a known felon or being married to a known felon, and then it was communicated, well, Commissioner, it's known because somebody reports it. We don't go out looking for it; it just comes to us. I said, OK, so somebody can actually physically call the police station and say -- a disgruntled ex-wife or ex-husband can call the police station because this person's now married to another person and say, I have an issue with this police officer because she's married or he's married to an ex felon, and create a whole, big investigation, possibly leading to this person losing their jobs, correct? That's how it gets going, correct? It's reported from somebody from the outside calling in. That's what you told the Bishop when we met. That's how the whole thing gets started normally, right? Deputy Chief Fernandez: Commissioner, it is started that way, and I would say that -- Commissioner Spence -Jones: But I just want a very -- Deputy Chief Fernandez: OK. Commissioner Spence -Jones: -- direct answer. Deputy Chief Fernandez: I just want to qualify the question when you're done. Commissioner Spence -Jones: Yeah, but you did say that, right? Deputy Chief Fernandez: Absolutely. Commissioner Spence -Jones: OK -- Deputy Chief Fernandez: Yes. Commissioner Spence -Jones: -- so then my question became, well, then if that is the case, then we know that there are -- and I know for a fact that NAACP made several calls regarding City ofMiami Page 244 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 individuals that are currently on the force now that are married to known felons, and nothing's happened to them. Deputy Chief Fernandez: Well, I could assure you that that's going to be -- Commissioner Spence -Jones: But, hey -- Deputy Chief Fernandez: -- followed up. Commissioner Spence -Jones: -- that's my point, so if it's not going to be applied across-the-board, then something's wrong with it. Vice Chairman Sanchez: All right. Deputy Chief Fernandez: And Commissioner -- may I address? Vice Chairman Sanchez: Yes. Deputy Chief Fernandez: Commissioner, I would say to you is that I have complete documentation that I would be more than happy to share it with you. I have it here available. I could show you every person, how the complaint came in, and those complaints -- you're absolutely right. They usually come in from a boyfriend, girlfriend, disgruntled wife, husband, and that's how we take it. We expect our officers to act accordingly, which is the essence of that policy, to make sure that they know how they conduct themselves, and I've got to tell you, when a person becomes an officer, they have to make adjustments to their lifestyle. They have to live a life that's an example for everyone else, just like a priest does, who live in poverty. Yeah, it's the same thing; an officer, a lawyer. Lawyers have certain things they can't do, or they get disbarred. It is no different than an officer. Unfortunately, yes, some of these rights -- some of these policies do infringe on their amendments and their constitutional rights, but the federal courts have ruled that police departments, for the greater good of the organization, for the greater good of the public, have a right to do so, and we're following that guideline. We're following that policy to protect them. Commissioner Spence -Jones: Let me not even call you deputy. Let me just call you Frank, and then I want to just let the young man talk over there. If someone has actually turned their life around -- ten years ago, they made a bad mistake in their lives, and they're trying to do the right thing, why should we continue to penalize them? I mean, I just -- I mean, Charlie Crist has even recognized that this is an issue, and that's why he's restoring the rights of ex felons. What makes us feel that that's -- why are we doing it? Deputy Chief Fernandez: Commissioner -- Commissioner Spence -Jones: I mean -- and I don't -- Deputy Chief Fernandez: -- I'm not in a position -- Commissioner Spence -Jones: -- it's 10 o'clock at night, as they've said already, but I just really want you to think on it, and I'm hoping that you'll come back and work along with everybody to get it done, but this man has been standing -- Hr. Hernandez: Commissioner -- Commissioner Spence -Jones: -- for 30 minutes. I would, at least, like -- Hr. Hernandez: IfI may. Exactly what -- City ofMiami Page 245 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Spence -Jones: Sure. Mr. Hernandez: -- you mentioned, that's what we're frying to address in the modification. Vice Chairman Sanchez: Well, we'll get to that. All right. Sir, you're recognized. Anthony Parrish: Andy Parrish, 1617 Tigertail Avenue, and I see how difficult this issue is, and I certainly respect the Chief and his captain [sic]. I just want to say I wear a size 13 shoe, so I'm not going to fread into this too heavily. I'm just going to say, I -- in my experience, one size does not fit all, and I'll just tell you a little story. You know, I'm a homebuilder in the West Grove, and one of the officers that's in -- that's potentially affected by what the decisions are lives there and is married to a man from the West Grove. I won't name who he is, but about five years ago, he came to me and said I can't get a loan and I need to start a new business, but I'm a felon, and I can't get a loan, and I researched his family. I know his mother. I know his sister. I went to his church. I've been to his wedding, and all I'm saying is, in this particular instance, I went down with that man to Coconut Grove Bank, explained the situation to my loan officer and guaranteed that man's loan. He paid it in full, and now he's in business, and I think, in a matter of fairness, as hard as this is -- policy is for the police -- and believe me, when police corruption surfaces, I'm one of the ones who writes letters and everything, and I can see how difficult this issue is, but I don't think one size fits all, and that's all I have to say. This man did turn his life around, and I'm proud to have him as my friend. Thank you. Commissioner Spence -Jones: Thank you, so much. Vice Chairman Sanchez: Bishop Curry, you're recognized, sir. Mr. Curry: Yes. Thank you again. I really just wanted to elaborate on something because both the Chief and the Deputy Chief mentioned the Supreme Court, and I don't think they really clear on this. The Supreme Court didn't say that they had to do this. The Supreme Court, I believe, gave them flexibility that said that they could put a human face on this, and as the gentleman just said, one size shouldn't fit all. The problem that we're having is, as it was stated, that the Deputy Chief mentioned in a meeting that the only reason why some of the African American female police officers are in this particular situation is because someone, some disgruntled whomever, picked up the phone. My question is, if we're going to be fair, how do we investigate all of the police officers, investigate all of the people who work in the Police Department? Now you don't want to call names. I'll call names. Number one, you said it was a previous Administration who grandfathered in Lillian Warshaw. Now I'm not here to say that Lillian Warshaw should lose her job because her husband got in frouble because that would be hypocritical. I said to the Chief in a meeting, I would not advocate for the Chief to lose his job because his son got in trouble, and then I'll hire me a private investigator to watch him to see whether or not he goes and associates with his son. That is wrong. There has to be some kind of moral balance to this, and until it affects you, Mr. Deputy Chief or somebody in your family, you're going to see it differently. The people in Miami -Dade County, and especially, in the City ofMiami, have never, in my opinion -- I've been here since 1984 pastoring -- have never, ever looked down on the Miami Police Department because they went home to someone who used to be in frouble. The only problem we've ever had with the City ofMiami is shooting unarmed black men in the back. You never find nowhere that we ever protest -- Applause. Mr. Curry: -- that a City ofMiami police officer, white, black, or whatever, that we complained because they went home to someone that used to be in trouble. You won't find it, Mr. Deputy Chief. You won't find it, and so to say that we're -- the community is going to think that the Police Department is corrupt because they go home to somebody who used to be in trouble, no, City ofMiami Page 246 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 that's not your problem, sir. Your problem is -- or was -- and thank God it has changed dramatically, and I give you that, Mr. Timoney, and I give that to the rest of the department -- but that has never been your issue. Your issue has never been who you went home to. Your issue is, when you left home, who you shot in the back. Vice Chairman Sanchez: You want to respond? And we're going to cut this -- Deputy Chief Fernandez: Yes, sir, ifI would, and I just want to add, for the record that, for that same reason, is why we have to have strict policies to prevent those things from ever happening again that happened in the past that affect that community, and I will stand here today and tell you that will never allow it to happen. This policy today prevents it. It's a preventive policy. We currently have officers that, yes, they live with convicted felons. We have an officer who is married; did not know that she married a convicted felon. That officer has not lost her job because she did not knowingly engage in that relationship, but the other ones that knew were told and still continue to do it, and we -- were told, please don't do it; you can't do it. It's against our departmental policies. Those are the ones that were sought after for administrative discipline issues, butt will tell you today, we do have officers -- we have one officer in particular that was married; did not know that that person who she was married was a convicted felon. She is an African American female, and she is not terminated. She is still working with us; badge, gun, out on the street, working the streets providing service -- Vice Chairman Sanchez: All right. Commissioner Spence -Jones: OK. Deputy Chief Fernandez: -- but she did not knowingly engage -- Commissioner Spence -Jones: Chairman, you got it? Deputy Chief Fernandez: -- in that -- Vice Chairman Sanchez: All right. Deputy Chief Fernandez: -- andl will tell you, in terms of Lillian Warshaw, which you opened that door, she was married to her husband, who was a felon, but they were married before that crime took place. She could not -- it's an avoidable situation, and that is the practice that's been in place, and I will say, for the record, this is not my policy. This policy's been in here for a long time. I have been tasked to fry to refine it to make it better. I don't want the community to look and say it's Deputy Chief Frank Fernandez who's causing this problem. It is not me, but do take my responsibility very serious. I take the direction of the Commission very serious, and I'm here to report to you what think is the best interest of the organization and the citizens of Miami, and I thank you for that. Thank you. Vice Chairman Sanchez: All right. No further discussion. I'm going to be passing the gavel on to Commissioner Sarnoff and I am going to make a motion, and I know the powers that we have as a Commissioner, and that avenue that we must take is through the City Manager, so I will make a motion directing the City Manager to sit down with all parties -- in this case, the Chief FOP -- review the policy; look at other policies, and to make sure that there are no exceptions, and come back with a recommendation whatever policy you feel that is fair, and I want you to review the Police Department as to the cases that are pending, the cases that are active right now, and provide a report to this Commission. Commissioner Spence -Jones: All I would like to add on that is the City Manager has agreed to have that by the next City Commission meeting, which he said he would have by August 1. He's been reviewing for 90 days, so I don't know how much more reviewing we need to do. City ofMiami Page 247 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Vice Chairman Sanchez: Look, the question here is fairness, standardization, and I think it's important for us to know, this Commission to know exactly the cases that are -- have been terminated, which ones are still with the department; why are they with the department; what's the justification for it being in the department. Mr. Hernandez: Mr. Chairman, there are cases that are under litigation right now that don't know ifI should be, in essence, bringing up information or putting it down in paper as to what's going on. Vice Chairman Sanchez: Well, just simple. I mean, you don't have to give me the whole detail, just you know, terminated -- Mr. Hernandez: OK. Vice Chairman Sanchez: -- suspended, you know -- just simple. I don't want to know the details Commissioner Spence -Jones: Only thing -- Vice Chairman Sanchez: -- but the most important thing is for you to sit down with all parties and review the policy. Review the policy, explore all the policies. I'll tell you, from a former law enforcement officer, I agree with you on certain issues. We have -- we shouldn't be dictating what policies you do. Our responsibility is, in all fairness, how that policy is being applied, with fairness across-the-board, with no rank in file, no sex, no color of skin, no gender. It has to be fair. Once I know that policy is fair, then I'll move on, but ifI think it's not fair, then I'm going to address the issue. Commissioner Spence -Jones: And the only thing I want to add to -- You did a motion, right? Is that a motion? -- the motion, Pete, again, you know, both sides -- where's Armando? Armando, where's Vernell? OK We just don't want to wait any longer. I think that -- you at least told me earlier, Commissioner, we're at the point where we're almost there, correct? Did you not tell me that? Mr. Hernandez: Commissioner, we have done a tremendous amount of work on this on all parts. I, myself have put -- Commissioner Spence -Jones: And I appreciate it. Mr. Hernandez: -- in hours working on this, and if we're so close, I don't know why we should be also, you know, pushed to the limit, butl can make it. I'll have it. Commissioner Spence -Jones: All right. I really appreciate it, Pete, so by -- I just want to tell Vernell and Armando that I've been working -- if you guys can stand -- and Bishop that, as of August 1, for our next Commission meeting, you'll work out the details with the Chief and y'all will be able to sit down, at least, come to a happy medium on where we're going with this policy. That's all I've asked for. Vice Chairman Sanchez: All right. Call the question. Commissioner Sarnoff All right. You're going to come to this Commission -- let's just clarify it -- with your recommendations. That's all. Commissioner Spence -Jones: Yes. City ofMiami Page 248 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Sarnoff All right. We have a motion. We have a second. All in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Sarnoff All those opposed? Hearing none -- Vice Chairman Sanchez: Pocket items. Commissioner Sarnoff -- it passes. D5.2 07-00968 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE LIBERTY CITY TRUST AND THE HOUSING TASKFORCE. 07-00968 Email.pdf 07-00968 Submittal Status Report.pdf 07-00968 Submittal Preliminary Findings & Recommendations Summary.pdf MOTION A motion was made by Commissioner Spence -Jones, seconded by Vice Chairman Sanchez, and was passed unanimously, with Chairman Gonzalez absent, directing the City Manager, in association with the Housing Task Force, to create language that would convey the property located at 62nd Street and 17th Avenue to the Umoja Project; said property to be utilized for the construction of supportive housing, and provide the Commission with a report at the Commission meeting currently scheduled forAugust 1, 2007. Vice Chairman Sanchez: Pocket items. Priscilla A. Thompson (City Clerk): No. Commissioner Sarnoff Pocket items. Commissioner Spence -Jones: No. No pocket item. Vice Chairman Sanchez: Oh, you got more? Commissioner Spence -Jones: I got one more. Commissioner Sarnoff Oh. Commissioner Regalado: I have one. Commissioner Sarnoff Wait. Commissioner Spence -Jones: OK. Commissioner Sarnoff Let's finish Commissioner Spence -Jones. Commissioner Regalado: Oh, OK. Commissioner Spence -Jones: OK. Thank y'all for coming. At this time, we're going to do this pretty fast because it's already 10:30 at night, so I'm going to ask the Liberty City Trust, and of course, our chairman for the Housing Task Force to please -- Reverend Dunn and the members of the task force, if you're around -- the members of the task force. As you know, you guys requested for us to pull -- put in place a task force in the area of Liberty City, and this came out City ofMiami Page 249 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 of the wake of the issue of shantytown, and the idea of the task force was for them to come back and give us recommendations on key things that needed to happen from a low-income housing standpoint; ways to assist and address the shantytown issue, and there's a lot of things that got accomplished during that time. I also thought it was important for Liberty City Trust -- and Elaine, we're not going to go into the details of this. I really would -- of the Liberty City Trust -- ifyou could do it in two minutes, and I just want them to see that there's progress being made, and then I'd like for the chairman of the task force to at least speak on his issue. Elaine Black: My name is Elaine Black, the president/CEO (Chief Executive Officer) of the Liberty City Trust. I'd like to, first of all, thank my board members, David Chiverton and Mr. Roy Hardemon, for staying here tonight, and my other board members who could not be here tonight, Ms. Erica McKinney, Gail Birks, and Theodore Carter, and Ms. Katrina Peterson. You have before you our report updating you as to what our accomplishments have been. Our board has met. We have had retreats. Our new vision is to empower those who live, work, and play in the Liberty City community to reclaim, transform, and rebuild our community. I'm proud to say we've built 12 houses. They're completed and sold. Commissioner Spence -Jones: In the last six months. Ms. Black: We have four -- Commissioner Spence -Jones: In the last six months. Ms. Black: In the last six months. We have 49 scattered sites under construction right now in the community. As far as rehabilitation -- Applause. Ms. Black: -- and rentals are concerned, we have -- Vice Chairman Sanchez: How many? Forty-nine sites? Ms. Black: Yes. We have 433 units of supportive and affordable rental projects underway. They have all been funded, and we have 43 rehabilitation units that are under -- that are being planned from construct -- rehabilitation in our community. Beautification is a very important aspect of what we're doing, and we're working to make "Keep Liberty City Beautiful" one of the national "Keep America Beautiful" campaign cities. There's a lot going on in Liberty City. It's about changing the perception of individuals in the community that Liberty City is the best place to live and work. We're building the houses. We're working the communities. We're making a difference. I'd like to thank you so very much for your support. Commissioner Spence -Jones: They're doing well. Richard Dunn: Thank you very much. Like to also take this opportunity to thank this Commission, especially Commissioner Michelle Spence Jones, for her steadfast support and her vision of establishing a Neighbors United for Housing Task Force. There are some of the members who are still here, Mr. Hardemon, Mr. Chiverton, Joe Simmons. We have some support staff in Karen Jackson, from PULSE (People United to Lead the Struggle for Equality). We also have been assisted by the Carrie Meek Foundation. Beth Lange serves on that task force; Herschel Haynes, or Josephine Anderson, representing the Hadley Park/Model City homeowners; Reverend Gaston Smith, Friendship Missionary Baptist Church, Dr. George E. McRae, Mount Tabor Missionary Baptist Church, Reverend Devin Brown, as an alternate; Bishop Victor T. Curry, representing the NAACP (National Association for the Advancement of Colored People); people -- David Raymond, representing the Miami -Dade County Homeless Trust. We've also had Roy Hardemon, David Chiverton, and Dr. Joaquin (phonetic) Willis, City ofMiami Page 250 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Church of the Open Door, have served on that task force. Also, Jamie D. Garland, represented the Umoja Village, and of course, yours truly. Very quickly, we've been meeting for the past six months. We've had approximately 12 or 13 meetings. We took action steps to help address some of the needs of the Umoja Village. We assisted with the frash pickups, frash bins, portable toilets, and offered to get a P.O. (Post Office) Box. The task force researched these areas and others to address some of the needs of shantytown, i.e. HAC (Homeless Assistance Center) and other services, even toured the Umoja Village. As a result of that, in less than 90 days -- and Mr. City Manager and the Community Development Department, you ought to be commended for rehabbing, in less than 90 days, at 1405 Northwest 60 Street, the Reverend George E. McRae home, which is supportive housing that is managed by Better Way. Some of Umoja Village residents were offered housing in this venture. Served as community voice between City Hall and Umoja Village, especially after the untimely fire at shantytown; hosted a town hall meeting on May 2, 2007, at the Carrie Meek Cultural Art Center; provided personal financial assistance to the residents after the fire for food, clothing, and shelter, such as -- pastors such as Gaston Smith, Dr. Joaquin (phonetic) Willis, and Rabbi Pearlman. The next property to be rehabbed is located at 1371 Northwest 61 st Street, to provide housing for young people between the 18 -- between the ages of 18 and 24, who are fansitioning from foster care. Let me just also add that we unequivocally support a supportive housing venture at the former site of Umoja Village, located at 62nd Street and Northwest 17th Avenue. Last, but not least, the final town hall meeting will be August 29, which will focus on the Miami 21 and how it will impact, particularly, District 5, and we hope to come back some time in September to make our final presentation. You have before you a preliminary draft of our recommendations, and we do hope and pray that it will help us work together to bring out changes in our community. Want to especially thank Mr. Max Rameau and Umoja Village for bringing this to our attention in a very magnificent way. Thank you. Commissioner Spence -Jones: Thank you, Mr. Chairman. You're chairing, right? Mr. Dunn: Yes. Commissioner Spence -Jones: First of all, once again, I -- Vice Chairman Sanchez: Richard, ifyou want to chair, you can chair the meeting. Come on up. We're all tired. It's been a long day. Commissioner Sarnoff You know, we've gone through, I think, five City Attorneys today, at least three City Managers -- Vice Chairman Sanchez: Yeah. Commissioner Sarnoff -- but the Commissioners are all still here. Commissioner Spence -Jones: I know. I do want to say special thanks to them because they have been awesome. Commissioner Sarnoff Clerk's still here. Commissioner Spence -Jones: I think that the idea of putting a task force in place to kind of address some of the issues was really important, and I want to officially commend them. They're on target, on task. This is the month that they were supposed to bring their six-month report, and they just provided it, and they'll have a final one, butt really appreciate their hard work and the chairman's diligence -- due diligence on making sure that things went well, so -- doing his due diligence. Thanks. I really appreciate it. Mr. Dunn: Thank you. As a sidebar, I left here, went and preached, and came back. That's how City ofMiami Page 251 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 long I've been dealing with you all too. Commissioner Spence -Jones: Thank you. I just -- Commissioner Sarnoff I feel the same way. Mr. Dunn: I actually did that. Commissioner Sarnoff OK, next. Commissioner Spence -Jones: I just wanted to -- thank you. I just wanted to add on to this, and again, the neighborhood task force has done an outstanding job. Again, you heard them say that they made recommendations that, on 62nd and 17th, that that land be used for supportive housing. I want to officially put on the record -- because I think it's important -- you know, over the last two or three weeks, there's been so many things floating around about Spence -Jones position on the shantytown and, you know, her going back on her word, and you know, why she was not supporting the -- a project going on that land, and I want to say -- I don't know where Max is. Where's Max? OK. I want to say this about Max real fast. When this issue took place, I believe the first Commissioner that went -- only Commissioner that went out there with me was Commissioner Regalado, to tour the shantytown site, and I really appreciate, you know, him coming out to the site and really giving me his viewpoint and his opinion about the issue. From that, though, after I got a chance to visit for myself I was very impressed with what Max and his group was doing actually out on -- you know, on the site, not that I agree with it because of the safety issue and other things, but the fact that they could mobilize and have a voice around an issue that clearly was affecting so many residents in the City ofMiami and Miami -Dade County after the housing scandal was released through the County, so for me, it was really great to see a young person with so much energy and so much drive to make sure that we kept our eyes on what was most important, which was providing housing to people that truly, truly needed it. After the committee -- task force came back to us with a recommendation of doing supportive housing, and after the fire took place, I actually had a one-on-one discussion -- actually, it was four of us, and I think Leroy might have been in that discussion. We talked about the issue of where do we go from here with the shantytown situation, and during that conversation, I said to him, and I wanted to be very clear -- I want y'all to listen to me. Listen, listen because I don't want to hear that y'all didn't hear it. Hello. You're listening? Who has the gavel? Commissioner Sarnoff I do. Commissioner Spence -Jones: Oh, OK. Commissioner Sarnoff You want it? Commissioner Spence -Jones: No, I don't. I can't have it. I just want to make sure you're with us. Commissioner Sarnoff All right. Commissioner Spence -Jones: So one of the things that I -- we talked about was, you know, the issue of making sure that whatever took place after the fire, that we had some sort of consideration with the people that were actually there, and I understood exactly what Max's position was, and I made a commitment to Max and to the group that we would work to make sure that something happened regarding the Umoja project. Now again, as I stated to him in that particular meeting, that it needed to go through it's normal process, which was the task force that we put in place, and they would have to come back with a formal recommendation, which they did, so that was one of the things. The other part of the discussion was that we needed to make sure that he had a partner in place that had the ability and the know-how to City ofMiami Page 252 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 actually build supportive housing because we didn't want to do affordable because that would be too expensive for the population that we were trying to serve, so for me, because I know through the City and through our -- through the CD (Community Development), we have, in the past, if the builders are nonprofits or CDCs (Community Development Corporations) or CBOs (Community Based Organizations), that we could convey land without having to go through an official process. Now I know that because of -- in light of all the things that has gone on in the CD Department, we and the Administration are now taking a different look at how we address giving away or conveying property, so my origination with Max was I really want to make sure that before we do that there's a process and it became a whole nother issue. Not that was not supporting what Umoja was standing for or what they were doing, I just really wanted to make sure there was a transparent process put in place, so with that being said, I am here today, tonight, at 10:45 p.m., saying to my fellow colleagues, I know that we're moving in the direction of having an official process, butt would ask for them to have, at least, some sort of special consideration on this issue regarding Umoja, and I believe Umoja now has two partners that would be working along with it, and I'm sure the task force has already been briefed on it, which is Doug from -- Doug Mayer, from Carrfour, and he has a sample of one of the projects that's going up in the area, and I don't know if you want to step to the mike to speak also, Doug, and to make sure, also, it has a element of being able to provide jobs -- or not necessarily jobs, but small -- spaces for small businesses in the area, and of course, support services, a service center, so we were able to work through that. Now I just wanted to, first of all -- I know that we're not going to convey any land tonight because what I've asked the City Manager -- Mr. City Manager, and you have agreed -- that we will work to -- work on the language to have it come back on -- Pedro G. Hernandez (City Manager): August 1. Commissioner Spence -Jones: --August 1 after all the details have been worked out. I would just want to make sure that my Commissioners, my fellow colleagues on the dais, support this initiative, and I don't know if Doug or Max or anyone else would like to speak regarding this issue, but think it's important for someone to say something. Commissioner Regalado: Can I say something before --? Commissioner Spence -Jones: Sure. Commissioner Regalado: I am your representative in the Homeless Trust -- or the League of City [sic], for that matter, and during all the month of Umoja Village, there was always discussion at the level of the Homeless Trust, and the thing that fry always to tell the board members and the chairman of the Homeless Trust is that what Max and his people did wasn't about saying homeless need help. You know, Max, after the House of Lies in the Miami Herald, could have just went home, write a letter to the editor, and said, you know what? Housing is a disaster. We need housing, and all that, and go home, but he did another thing. He brought the focus of attention of the nation to the housing crises in the City ofMiami and in Miami -Dade County, and I think that what -- he needs to be praised for it because he focused the attention of many people -- many media during the Super Bowl. Fine. You know, we got plenty of things that are good, but we can't hide the problems that we have, so because of Umoja and because of the newspaper, maybe things are moving in the County at the County level, and maybe this is why the County is -- well, you know, we want a whole process because for them time is not important. There have been no construction in many years, and now it's only promises, but for us, time is of the essence, and I support your project of having this agency, which I know -- and you guys work very close with the Homeless Trust, and you've done a lot of projects in the Homeless Trust, and Max, with all his energy, and you know, the list of people with needs throughout the county, I think that if the City ofMiami can show that we can do it and we can do it soon, and we can do it good, at least there's going to be one less cloud over the City and over the County, so I will support this. I will support this August 1. I know that the people in the City ofMiami Page 253 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 County are saying, oh, we're not allowed anything else but a process and a bid process. How many month would that take? Three, four, five month, and then, you know, probably interest go down, and then we go back to the same story of what cost today one million cost tomorrow two million, so the important thing is that we should have housing where the Umoja Village have. If we do have that, then the people would start believing. Then those who are cynical about government will start saying, well, you know, at least they did something, and you know, you plant the seed and the free grew, so I'm looking forward for -- to next Commission meeting, and not the ground breaking, please, but at least when the walls go up. Thank you. Commissioner Spence -Jones: Doug, Max, you guys have anything to -- do y'all have something y'all need to add? Max Rameau: Well, just thank you -- Max Rameau, 810 Northwest 47 Terrace, Miami. We feel that it's very important that we put something together there that the residents of the Umoja Village and of the entire Liberty City community can take ownership in, and so we want to build something there which will be affordable for people there, but also will meet the needs of the people in that community, not meet the needs of new people who want to come in and move the people who exist, who stay there now, out, so it's very important for us that we build something that will matter to that community and the community will take pride in and take ownership over, and we did that to some extent -- to a great extent with Umoja Village. We want to do that even - - to even a greater extent with up -to -Code housing, and that's what we want the opportunity to do, and we think that's an appropriate outcome here, and we want all that to happen in an open and clear and transparent way, and we're very interested in doing that, as well. Commissioner Spence -Jones: Thank you, Max. Doug, do you want to say any --? Doug Mayer: Yeah. Doug Mayer. I'm with Carrfour Supportive Housing. Our offices are at 155 South Miami Avenue, in downtown Miami. First of all, I just wanted to thank Max Rameau, and also, Leroy Jones. We've been working together as a team now for several months, in terms of trying to come to an understanding about what should happen at the site, how it should happen, the involvement of the community, the people that you see here today. I wanted to let you know that Carrfour, as a nonprofit organization -- and I've made this promise to Commissioner Spence -Jones -- that whatever we build in that community will be something that this group, this community will be proud of. I just -- this is a project that we just won tax credits for, and it's in District 5, and it shows what you can do and how you can build a quality project. I wanted to tell you also that there's a process involved in that, and it's not something that happens overnight, and I wanted everybody to understand that because it's important that when we apply for tax credits, the next time that we have an opportunity to apply is April of next year, and if we're fortunate to win -- and we hope to do so; in fact, we plan to do so -- then we would get an initial allocation in September of next year, and then we enter design and underwriting, which takes a full year before we start construction, so I just wanted everyone to understand that it isn't going to happen overnight. It's going to take about, at least, a year and a half before we start construction, and then 14 months to build out, but I think that what I've heard from Max and from the community, from the Commissioner, is that they want to see supportive housing. They want to see retail and commercial development there, and we're prepared to do that. We got a project very similar to that on 54th Street at 14th Avenue that we just got funded. Anyway, I just wanted to thank you for the opportunity to be here, and we'll let y'all go. Commissioner Spence -Jones: And in closing -- Roy, you need -- OK, let me just say this in closing. At the end of the day, you know, when you sit in this seat and you represent a district, you know that you're going to make decisions that everyone's not going to be happy with. That's just the way that it goes. There're going to be times when Max is not happy; times when Roy is not happy; times when people are not happy for you -- the decisions that you make, but at the end of the day, you have to stand up and make a decision for what you feel is the right thing to do, and this is a decision that I weighed in on, and I think that it's an important thing to do. I City ofMiami Page 254 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 think it's a great message to send that we were able to, at least, come to the table and resolve the issue, and at least move in a direction of providing much -needed supportive housing in the area, so with that being said, we're not actually -- I guess, we're doing a -- passing a motion -- correct? -- to at least support this project happening on 62nd Street and 17th Avenue, but also asking for the City Manager to come back on August 1 with all the details regarding the conveyance of the properties, correct? Vice Chairman Sanchez: Second. Mr. Hernandez: Well have it -- Commissioner Spence -Jones: OK -- Mr. Hernandez: -- on the lst. Commissioner Spence -Jones: -- and I want to just make sure that the housing task force weighs in on whatever the negotiations -- if there's key things that y'all feel are important to include in the agreement, please, by all means, that's the whole purpose of having you there is to make sure that that happens, and Roy, do you want to say something? Roy Hardemon: Yes, I do, Commissioner. All -- Ms. Thompson: I'm sorry. Mr. Hardemon: Roy, 710 Northwest -- Commissioner Spence -Jones: Sure. Mr. Hardemon: -- 62nd. What I wanted to relay today is simply to Mr. San -- Commissioner Sanchez and Commissioner Regalado. Back in 1997 -- '98/'99, Miami Limited, as well as the department in question, we brought 150 families down here that was relocated out of my neighborhood. I just want to make sure, at the end of the day, those people that you all I know gave commitments to those people that they will be returning if needed. If they want to come back to our neighborhood, they would be allowed to come back under the new consisting [sic] structure, which they're going to be doing, which Max them did a great job in, like you said, highlighting the real issue of homelessness and affordable housing -- well, low-income housing to this neighborhood, and I just wanted to make it clear that, as the advocate of the Model City -- Liberty City Trust, it's my obligation and my duties, as a sworn board member, to bring this to you all's attention that you got 150 people that you all put out there floating in Dade County that needed to have some consideration -- proper consideration when it comes back to reconstruction of this building, not whether you had a criminal background; you ain't got no credit and all this other stuff that it -- these people has that opportunity to come back, and that's what I was trying - Commissioner Spence -Jones: And we definitely -- we will make sure that y'all will work along with the City Manager in the process to make sure that that's included -- Hardemon: Thank you. Commissioner Spence -Jones: -- but I do want to just say, in closing, thanks so much -- I'm assuming -- Commissioner Sarnoff do you have anything to say? Because everyone else had something to say. Commissioner Sarnoff Oh, no, no, no. I was just going to call the question. City ofMiami Page 255 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Commissioner Spence -Jones: Oh. Commissioner Sarnoff So we have a motion. We have a second. All in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Sarnoff All right, then it passes. Commissioner Spence -Jones: Thank you. Commissioner Sarnoff Do I have a motion to adjourn? Vice Chairman Sanchez: No. Commissioner Spence -Jones: No. Vice Chairman Sanchez: Pocket items. Commissioner Spence -Jones: Commission -- Commissioner Sarnoff We have pocket item. Commissioner Spence -Jones: Commissioner Rega -- yeah, no, no. Commissioner Regalado, please, what I would like to have you do for me, please -- I know that you sit on the Homeless Trust. They are going to have some challenges with the Homeless Trust. Whatever you can do to support them, that would be greatly appreciated. Commissioner Regalado: No, absolutely. Commissioner Spence -Jones: So y'all -- Commissioner Regalado: Absolutely. Commissioner Spence -Jones: -- have a victory tonight. Y'all not happy? Unidentified Speaker: Oh, yeah. Commissioner Spence -Jones: All right. City ofMiami Page 256 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 NA.1 07-00991 District 4- Commissioner Tomas Regalado RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING THEIR WISHES TO START THE NECESSARY PROCEDURES TO ELIMINATE THE FIRE FEE TOTALLY FROM THE BUDGET COMMENCING IN OCTOBER, 2007. 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-07-0429 Commissioner Regalado: Thank you very much, Mr. Chairman. I like to move a resolution stating that it is the will of the City Commission in the next budget process, starting in September, to eliminate totally the fire fee from the budget of the City ofMiami. Vice Chairman Sanchez: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. Before voting, you have a record on voting against the fire fee consistently. I also have a record of being the Commissioner that propose to eliminate the fire fee by cutting 25 percent of the fee in four years, OK? Commissioner Regalado: And I love you for that -- Chairman Gonzalez: So -- all right. Commissioner Regalado: -- and I love you for that. Chairman Gonzalez: Thank you very much. Commissioner Regalado: I wanted to eliminate -- Applause. Commissioner Regalado: Actually, I wanted to eliminate the fire fee six years ago, but -- Chairman Gonzalez: All right. All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Mr. Manager, you have directives -- Mr. Hernandez: Yes, sir. Chairman Gonzalez: -- of eliminating the fire fee. We don't want to see it on the next year budget. Mr. Hernandez: It will not be -- Commissioner Spence -Jones: Mr. Chairman -- City ofMiami Page 257 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 NA.2 07-00929 Mr. Hernandez: -- included. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $1,500, TO THE PRYMUS ANGELS CHEERLEADING PROGRAM THAT OPERATES AT SHENANDOAH PARK, TO CO-SPONSOR THEIR UPCOMING 2007 COMPETITIONS; ALLOCATING SAID FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE NO. 001000.921054.6.289. Motion by Commissioner Regalado, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez NA.3 07-00985 District 5- Commissioner Michelle Spence -Jones R-07-0427 Commissioner Sarnoff Pocket item. Commissioner Regalado: I have a very brief pocket item. It's a resolution of the Miami City Commission authorizing the allocation offunds, in an amount not to exceed $1,500, to the Prymus Angels Cheerleading Program that operates at Shenandoah Park, to cosponsor their upcoming 2007 competition throughout the United State [sic]. This is the national champion on cheerleading in the United States, and it's base in Shenandoah Park, and so move. This will come from the District 4 Special Events account. So move. Commissioner Sarnoff Do I have a second? Vice Chairman Sanchez: Second. Commissioner Spence -Jones: Second. Commissioner Sarnoff All in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE HOURS OF SALE FOR ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES OF CHURCHILL'S LEMON CITY OASIS, LOCATED AT 5501 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, TO ACCOMMODATE THE MIAMI ROCK FESTIVAL, ON FRIDAY, AUGUST 31, 2007, FROM 3:00 A.M. - 5:00 A.M. THROUGH SUNDAY, SEPTEMBER 30, 2007, FROM 3:00 A.M. - 5:00 A.M., PURSUANT TO CHAPTER 4/ARTICLE 1/SECTION 4-3, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL/HOURS DURING WHICH SALES ALLOWED; SUNDAY SALES." 07-00985 Legislation.pdf Motion by Commissioner Spence -Jones, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 258 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0464 Commissioner Sarnoff OK. Commissioner Spence -Jones: I have one pocket -- you have two? Did somebody else have a pocket item? Commissioner Sarnoff No, I don't have one. Go ahead. Commissioner Spence -Jones: Do -- you had two -- Commissioner Sarnoff Michelle Spence -- Commissioner Spence -Jones: -- Commissioner? Commissioner Sarnoff What, you have another one? Commissioner Spence -Jones: You had two or one? Commissioner Sarnoff You had another one? Commissioner Regalado: No. Commissioner Spence -Jones: OK. Commissioner Sarnoff That's it. Michelle. Commissioner Spence -Jones: OK, this is -- Commissioner Regalado: No, but the Chairman had one. Vice Chairman Sanchez: I got it. Commissioner Regalado: Oh, OK. Commissioner Sarnoff OK. Michelle Spence -Jones is recognized. Commissioner Spence -Jones: OK. This is a -- Commissioner Sarnoff Pocket items. Commissioner Spence -Jones: -- resolution of the City -- Miami City Commission to simply extend the hours of sale for alcoholic beverages for the consumption on the premises of Churchill's. This is on 5501 North -- You've been there before? Vice Chairman Sanchez: Second. Commissioner Sarnoff All right. We have a second. Commissioner Spence -Jones: Do I need to put the dates? August 31 -- I got to give you the dates. Vice Chairman Sanchez: I've never been there in my life. City ofMiami Page 259 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 NA.4 07-00988 District 1 - Chairman Angel Gonzalez Commissioner Spence -Jones: For the Miami Rock Festival on Friday, August 31, 2007, from 3 a.m. to 5 a.m. through Sunday, September 30, from 3 a.m. to 5 a.m. Commissioner Sarnoff Is there still a second? Vice Chairman Sanchez: Second. Commissioner Sarnoff There you go. We have a second. Commissioner Spence -Jones: And y'all invited too. Commissioner Sarnoff All in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Sarnoff All right. That passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING CONSENT TO THE CODESIGNATION OF NORTHWEST 21ST AVENUE, BETWEEN NORTHWEST 20TH STREET AND NORTHWEST 23RD STREET, MIAMI, FLORIDA, AS "DENNIS PASTRANA AVENUE," PURSUANT TO THE CODESIGNATION OF SAID STREETS BY THE FLORIDA LEGISLATURE; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF SAID RESOLUTION TO THE ELECTED OFFICIALS AS STATED HEREIN. 07-00988 Legislation.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-07-0428 Vice Chairman Sanchez: I have a pocket item that was given to me by the Chair. It's a resolution of the City ofMiami Commission expressing consent to the codesignation of Northwest 21 stAvenue, between Northwest 20th Street and Northwest 23rd Street, Miami, Florida, as Dennis Pastrana Avenue, pursuant to the codesignation of said sfreet by the Florida Legislation [sic]; directing the City Clerk to transmit a copy of said resolution to the elected officials, as stated herein, and that's being sponsored by Senator Alex de la Portilla in Tallahassee to have that sfreet named by this gentleman, who is the United Way -- David Rosemond (Director, Neighborhood Enhancement Team): President of -- Pedro G. Hernandez (City Manager): Goodwill. Vice Chairman Sanchez: I'm sorry, Goodwill. Mr. Rosemond: -- Goodwill. Mr. Hernandez: Goodwill. City ofMiami Page 260 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Vice Chairman Sanchez: President of the Goodwill -- Mr. Hernandez: Goodwill. Vice Chairman Sanchez: -- so, so move. Commissioner Regalado: Second. Commissioner Sarnoff All right. We have a motion and a second. All in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Sarnoff All right. Motion passes. NA.5 07-00989 DISCUSSION ITEM DISCUSSION REGARDING THE RESCHEDULING OF THE FIRST BUDGET HEARING FROM SEPTEMBER 13, 2007 TO SEPTEMBER 11, 2007. DISCUSSED Commissioner Sarnoff Do I have a motion to adjourn? Pedro G. Hernandez (City Manager): No. Vice Chairman Sanchez: Always in order. Commissioner Sarnoff No, it was one more. Oh, now the Chair -- the City Manager has a pocket item. Mr. Hernandez: Mr. Chairman, this is just a clarification, and I may need a motion from you. There was a meeting, a regular City Commission meeting scheduled for September 13, and that meeting is also going to September 11, so on September 11, we will have the regular City Commission meeting, starting at 9 o'clock, and then at 5:01, we'll have the budget hearing, the first budget hearing -- Vice Chairman Sanchez: OK. Mr. Hernandez: -- and I wanted to be sure that that was clear, that it's both; the regular agenda and the budget hearing both happening on September the llth. Vice Chairman Sanchez: Yeah, but just -- that's fine, Mr. City Manager, but you know, we -- don't stack that agenda. Mr. Hernandez: No. I'm just -- well, all I'm doing right now is just making sure that we have the right date on the -- Vice Chairman Sanchez: All right. Mr. Hernandez: -- record. Vice Chairman Sanchez: 'Cause this year -- and take it from me -- there'll be plenty of discussion when it comes to the budget, all right? Just a forecast, and the perfect storm is brewing out there, and with all the cuts that we're doing, we need to make sure that we have a City ofMiami Page 261 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 budget that's analyzed, studied -- I'm just saying, we're going -- this budget year is going to be a long budget hearing. Mr. Hernandez: Understood, Mr. Chairman, and the -- Commissioners, the idea is to have an agenda that we should be able to handle before 5 o'clock and complete it before 5 so then we can turn our attention to the budget. Commissioner Regalado: But the question is, is the date right, because we cannot do the budget before the County. I'm just saying, you know, you cannot meet -- Vice Chairman Sanchez: No, no, no, no, no. I don't think that's true, though. No. Commissioner Regalado: That is true. Larry Spring: Larry -- no, that is not true. Larry Spring, chief financial officer. We can meet before the County. We just cannot meet on the same day -- Vice Chairman Sanchez: Day as the County. Mr. Spring: -- as the County. Commissioner Regalado: The County meets on Tuesday, that's my point. Mr. Spring: So if they meet that Tuesday, then we cannot. Vice Chairman Sanchez: Then we have a problem. Mr. Spring: Yes. Commissioner Regalado: That is my point. Mr. Hernandez: Commissioners, I'll -- for today, we'll have it on the 11 th. I'll check with the County, and on August 1 -- Vice Chairman Sanchez: And what does the 11 th fall on? Is it a Tuesday? Mr. Hernandez: It's a Tuesday. Vice Chairman Sanchez: The County -- the whole issue is that we cannot meet the same day -- Mr. Hernandez: Right. Vice Chairman Sanchez: -- the County meets. Mr. Spring: As the County budget hearing because it starts at -- Commissioner Regalado: 5: 01 -- Mr. Spring: -- 5:05. Commissioner Regalado: -- and the people -- Vice Chairman Sanchez: OK. Commissioner Regalado: -- cannot be -- City ofMiami Page 262 Printed on 8/15/2007 City Commission Meeting Minutes July 26, 2007 Motion to Adjourn Mr. Spring: At both places -- Mr. Hernandez: Right -- Mr. Spring: -- at the same time. Commissioner Regalado: -- at both places. Mr. Hernandez: -- but sometimes the County doesn't necessarily have their budget meeting on the same day they have the agenda -- Mr. Spring: Right. Mr. Hernandez: -- so what I'll do, I'll double-check with the County, double-check their dates, and if we have to make any adjustments, we can make them August 1. Priscilla A. Thompson (City Clerk): Here's -- my question is this. Are you going to wait until August the 1st if you're going to change the meeting from September 13 to September 11? Because if that be the case, you don't have to worry about anything tonight. Commissioner Sarnoff Right. Mr. Hernandez: OK. Commissioner Regalado: Right, we'll wait until August -- Mr. Hernandez: That's fine. That's fine. We can do that. I'll double-check with the County and come back with the firm dates on August 1. Vice Chairman Sanchez: All right. Commissioner Sarnoff Hear any other motions? Vice Chairman Sanchez: Motion to adjourn. Commissioner Regalado: Second. Commissioner Sarnoff OK. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Sarnoff There we go. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez and Commissioner Spence -Jones absent, to adjourn today's meeting. City ofMiami Page 263 Printed on 8/15/2007