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HomeMy WebLinkAboutCC 2007-09-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, September 27, 2007 9:00 AM PLANNING AND ZONING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Angel Gonzalez, Chairman Joe Sanchez, Vice Chairman Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Pedro G. Hernandez, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes September 27, 2007 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) 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 ofMiami Page 2 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 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 27th day of September 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: 39 a.m., recessed at 1:45 p.m., reconvened at 4: 04 p.m., and adjourned at 4:55 p.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Pamela Burns, Assistant City Clerk Chairman Gonzalez: Good morning, ladies and gentlemen. Welcome to the September 27, 2007 meeting of the City ofMiami Commission in this historic chambers. The members of the City Commissioners [sic] 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, Jorge Fernandez, City Attorney, and Pamela A. [sic] Burns, the Assistant City Clerk. The meeting will be opened with a prayer by Commissioner San -- Vice Chairman Sanchez and a pledge of allegiance by Commissioner Regalado. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 07-01192 CEREMONIAL ITEM Honoree Presenter Protocol Item Officer Wilfredo Perez Vice Chair Sanchez Certificate Marta Suarez Vice Chair Sanchez Certificate Miami Northwestern High School Football Team Commissioner Spence -Jones Commendation Brian and Gina Grant Commissioner Sarnoff Commendation 07-01192 Protocol List.pdf PRESENTED 1. Mayor Diaz presented a Salute to the Shenandoah Middle School Museum Magnet Program for their commitment to the celebration ofMiami's ancestral memory through the scrupulous documentation of architecture and historic sites in a wholesome, well-rounded educational experience. 2. Vice Chair Sanchez presented a Certificate to Marta Suarez for her outstanding courage and quick thinking in response to criminal activity in her neighborhood. 3. Vice Chair Sanchez presented a Certificate to Officer Wilfredo Perez for his commitment to protecting the community through the City's crime reduction efforts in East Little Havana. 4. Commissioner Spence -Jones recognized the Miami Northwestern High School Football Team for their victory in Texas, making their team the #1 ranked high school football team in the country. 5. Commissioner Sarnoff presented Brian and Gina Grant with a Commendation for their outstanding record of extraordinary community service. City ofMiami Page 3 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 MAYORAL VETOES ORDER OF THE DAY Chairman Gonzalez: We're going to go into proclamations and presentations, and Mr. Mayor. Mayor Manuel A. Diaz: Thank you, Mr. Chairman, and good morning to all. Presentations made. [Later..] Chairman Gonzalez: All right. That concludes today meeting. We have a ceremony presentation by Commissioner Sarnoff. Commissioner Sarnoff We do. Presentation made. Chairman Gonzalez: All right. Let's take a ten-minute break. We're going to start with the budget at 5 o'clock-- 5: 05. Thank you. NO MAYORAL VETOES Chairman Gonzalez: Let the record reflect that have a memo from the City Clerk's office reflecting there hasn't been any vetoes from the Mayor's office. Pamela E. Burns (Assistant City Clerk): That is correct. Vice Chairman Sanchez: I guess we're -- are we done with presentation? I've just been passed the gavel, and I'm not sure exactly where we're at. Commissioner Spence -Jones: Brian and Gina Grant? Vice Chairman Sanchez: No. That's -- OK. That item is coming up at 4:30, so we'll go ahead with -- we'll let everyone exit and we'll go ahead and start the Commission meeting. Chairman Gonzalez: Commissioner Sarnoff, I believe you also have a recognition? Commissioner Sarnoff, you have also -- Commissioner Sarnoff No, no, no, no. Chairman Gonzalez: No? Commissioner Sarnoff 4:30 Chairman Gonzalez: 4:30? OK. All right. We will now begin the regular meeting, and the City Attorney will state the procedure to be followed during this portion of the meeting, which is a regular meeting. Jorge L. Fernandez (City Attorney): Morning, Mr. Chairman, Commissioners, members of the public. Any person who's 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. Also, 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 City ofMiami Page 4 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Commission within ten calendar days of the Commission action. The Commission may override such veto by a four fifth vote. The City ofMiami requires any person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils, or committees to disclose, at the commencement of the hearing on the issue, any consideration 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. Consideration includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit, or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Please note that if you have previously submitted a Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit as part of an application package, you're required to read the disclosure contained therein into the record prior to the commencement of the hearing. Also, if there is any additional information to disclose since the time you submitted the application package, you must supplement the affidavit. If you have not previously submitted an affidavit and have information to disclose, please obtain and complete the affidavit prior to the commencement of the public hearing on the issue. Individuals retained or employed by a principal as a lobbyist, as defined in Section 2-653, and appearing before the Commission or any of its boards, authorities, agencies, councils, or committees solely in the capacity of a lobbyist and not as the applicant or owner's legal representative, are not required to submit a Disclosure of Consideration Provided or Committed Affidavit. The disclosure form, which is available from the City Clerk, must be read into the record by the requesting person or entity prior to submission to the City Clerk. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item on which the appeal is based. Absolutely no cell phones, beepers, or other audible sound or ringing devices are permitted in the Commission chambers. Please silence those devices now. Any person making impertinent or slanderous remarks or who becomes unruly while addressing the Commission shall be barred from further attending Commission meetings, unless permission to continue or again address the Commission is granted by a vote of the Commission. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or a Commissioner are allowed. No signs or placards are allowed in the chambers. Persons exiting the chambers shall do so quietly. Persons may address the City Commission on items appearing on the 'public hearing" portions 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 their desire to speak and give the City Clerk their names. At the time the item is heard, persons who will speak should approach the microphones upfront 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. At this time, Mr. Chairman, the Administration will announce which items, if any, are being either withdrawn or deferred. Chairman Gonzalez: All right. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, at this time, we do not have any items to be deferred from the regular agenda. Chairman Gonzalez: All right. CONSENT AGENDA CA.1 07-01138 RESOLUTION City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING NO OBJECTION AND SUPPORTING THE CODESIGNATION BY THE FLORIDA LEGISLATURE DESIGNATING City ofMiami Page 5 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 TRANSPORTATION FACILITIES ("ROADWAYS") LOCATED WITHIN THE CITY OF MIAMI, PURSUANT TO SENATE BILL 138; FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT SIX, FOR SIGN INSTALLATION WITHIN THE NEWLY DESIGNATED ROADWAYS. 07-01138 Legislation.pdf 07-01138 Exhibit.pdf 07-01138 Summary Form.pdf 07-01138 The 2005 Florida Statutes.pdf 07-01138 Letter.pdf 07-01138 Letter 2.pdf 07-01138 Letter 3.pdf 07-01138 Letter 4.pdf 07-01138 Letter 5.pdf 07-01138 Letter 6.pdf 07-01138 Letter 7.pdf 07-01138 Letter 8.pdf 07-01138 Letter 9.pdf 07-01138 Letter 10.pdf 07-01138 Letter 11.pdf Motion by Vice -Chairman Sanchez, 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-07-0538 Chairman Gonzalez: All right. CA.1, Commissioner Sarnoff. Commissioner Sarnoff Yeah. I just want some -- I've read the language in CA.1. My concern is for Biscayne Boulevard, and l just want to understand -- I guess it's going to be Larry Spring that's going to address this -- that there will not be a renaming of Biscayne Boulevard? Larry Spring (Chief Financial Officer): That is correct, Commissioner. Per my discussions with the District 6 secretary, Johnny Martinez and his staff these are markers, the brown and gold lettered markers that go on the side of the road. There's two per designation here, but you will not see the change of the signage at each boulevard. Commissioner Sarnoff Is there any reason that the language is so poorly written? I mean, I've read the resolution. I've read the statute. It's not clear what you're saying at all. Mr. Spring: Difficult question to ask. I would say, as far as the statute -- the legislation says markers. As far as the statute is concerned, I guess we'd have to ask our legislators, but it does - - they both say markers -- Commissioner Sarnoff OK. Mr. Spring: -- but those could be misconstrued as sig -- you know, signal markers or street markers, I guess. Commissioner Sarnoff OK. Thank you. [Later..] City ofMiami Page 6 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Chairman Gonzalez: Yes, sir. Elvis Cruz: Mr. Chairman, may I be recognized briefly? Chairman Gonzalez: Briefly, two minutes. Mr. Cruz: Less than that. Elvis Cruz, 631 Northeast 57th Street. In -- regarding to CA.1, the codesignation of streets, in reviewing the agenda, I saw that there's no mention of the streets or the names that will be designated in the agenda item. It appears that the public is not really given an opportunity to comment on this. It's generally not a public hearing, andl thank the Chairman for allowing me to speak today. Chairman Gonzalez: Codesignations go to a committee and then come back to the Commission and -- Yes. Commissioner Regalado: No, but this is -- Elvis, this was designated -- Chairman Gonzalez: These are State. Commissioner Regalado: -- by name by the State Legislature. Chairman Gonzalez: State designations. Commissioner Regalado: On the last special session, at the last minute there were several bills of Carlos Lopez-Cantera, Alex Diaz de la Portilla, Marco Rubio, and Julio Robaina, all of them that represent within the city limits and they -- and Luis Garcia, too, also -- and then they approve the names of the people that those streets will be designated. The problem -- and maybe we should have explain this -- they did all that in state roads. They did it on Southwest 8, on LeJeune, on 27th Avenue, and in Coral Way. As a matter of fact, 80 percent are on our district because it's Coral Way, Southwest 8 Street and 27th Avenue, so we don't have even the possibility of sending this for public discussion to the Codesignation Committee. This came from Tallahassee, and the only thing that they need was the approval of the municipality that, yes, you can just place the markers because these are not like street signs. These are markers that go there. I would -- I just wanted to say that to you. I think -- and if we were to name a street, then we have to have one hearing here, then send it to the Codesignation Committee -- Chairman Gonzalez: And then -- Commissioner Regalado: -- then -- Chairman Gonzalez: -- it comes back for a second reading. Commissioner Regalado: -- coming back to the Commission on three public hearing, but this is all state, and by the way, I was -- just wanted to say that since we have so many -- and at least in my district, I have, of the tenth, I think, six, or the eleven, seven, are in District 4. If they going to place the marker, please askFDOT (Florida Department of Transportation) to fix also the markers of the street addresses, like there are -- 27th Avenue and 24 Street or 21 st Street that are really old and they are fading, so now that they going to put the markets [sic] near there, please ask them to review, at least on the Coral Way and the lateral street, the market [sic] because that is their responsibility, too, for the FDOT. Chairman Gonzalez: All right. Mr. Cruz: My last comment is that I would ask that the markers be placed on existing light poles City ofMiami Page 7 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 as opposed to placing a new sign in a location where we might want to have a tree or a location that might block pedestrians, bicycles, et cetera. Thank you. Vice Chairman Sanchez: Good point. Commissioner Regalado: That make sense. Chairman Gonzalez: Your message will be transferred to the FDOT All right. We need to vote on CA.1, CA. 6, and CA.7. Do I have a motion? Vice Chairman Sanchez: Second. Chairman Gonzalez: There is a -- Commissioner Spence -Jones: So move. Chairman Gonzalez: -- motion. 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. Vice Chairman Sanchez: On three seconds. Chairman Gonzalez: On three -- pardon me? Vice Chairman Sanchez: On three seconds. Chairman Gonzalez: On three seconds. OK. CA.2 07-01140 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT AMENDMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS TO AMEND THE EXISTING GRANT MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF MIAMI AND THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY, FOR THE LITTLE HAITI TREE -PLANTING PROJECT ("PROJECT"), WITH SAID AMENDMENTS INCLUDING: 1) A TIME EXTENSION FOR THE PROJECT COMPLETION DATE FROM SEPTEMBER 30, 2007 TO MARCH 31, 2008, AND 2) AN INCREASE TO THE INITIAL FUNDING AMOUNT BY AN AMOUNT NOT TO EXCEED $2,500, INCREASING THE ORIGINAL AGREEMENT AMOUNT FROM $75,000, WHICH INCLUDED A LOCAL MATCH AMOUNT OF $18,850, TO AN AMOUNT NOT TO EXCEED $77,500, WHICH INCLUDES A LOCAL MATCH AMOUNT OF $25,728; THEREBY INCREASING THE ORIGINAL PROJECT COST FROM $93,750 TO $103,228; APPROPRIATING SAID FUNDS INTO A SEPARATE ACCOUNT FROM THE PUBLIC WORKS GENERAL FUND, AND IDENTIFYING IT UNDER SPECIAL REVENUE ACCOUNT, AWARD NUMBER 1358, PROJECT 20-200001; ALLOCATING SAID MATCHING FUNDS, IN THE City ofMiami Page 8 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 AMOUNT OF $2,500, FROM PUBLIC WORKS GENERAL FUND ACCOUNT 00001.202000.534000. 07-01140 legislation. pdf 07-01140 Exhibit.pdf 07-01140 Exhibit 2.pdf 07-01140 Summary Form.pdf 07-01140 Letter.pdf 07-01140 Oracle Workflow Notification.pdf 07-01140 Oracle Workflow Notification 2.pdf 07-01140 Pre-Attachment.pdf 07-01140 Text File Report.pdf 07-01140 Text File Report 2.pdf 07-01140 Contract Amendment.pdf 07-01140 Budget.pdf 07-01140 Grant Memorandum OfAgreement.pdf 07-01140 Maintenance Memorandum OfAgreement.pdf 07-01140 Certification Rearding Requirements.pdf 07-01140 Forestry Grant Proposal Form.pdf 07-01140 Planting & Maintenance Guidelines.pdf 07-01140 Urban & Community Forestry Grant Program.pdf 07-01140 Budget 2.pdf 07-01140 Budget 3.pdf 07-01140 Planting & Maintenance Guidelines 2.pdf 07-01140 Description Of Boundary Of Project Site.pdf 07-01140 Three Year Maintenance Plan.pdf 07-01140 Letter 2.pdf 07-01140 Email.pdf 07-01140 General Decision.pdf 07-01140 Scope Of Work.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0533 CA.3 07-01141 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), RATIFYING THE CITY MANAGERS EXECUTION OF A GRANT MEMORANDUM OF AGREEMENT, WITH THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY, FOR THE FLAGAMI REFORESTATION PROGRAM ("PROJECT"), IN THE AMOUNT OF $31,725; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS TO AMEND THE EXISTING CONTRACT EXTENDING THE PROJECT COMPLETION DATE FROM SEPTEMBER 30, 2007 TO MARCH 31, 2008, AND INCREASING THE CONTRACT AMOUNT DUE TO THE REQUIRED LOCAL MATCH AMOUNT OF $10,575, THEREBY INCREASING THE TOTAL PROJECT TO AN AMOUNT NOT TO EXCEED $42,300; APPROPRIATING SAID FUNDS IN A SEPARATE ACCOUNT FROM THE PUBLIC WORKS GENERAL FUND AND ASSIGNING A SPECIAL REVENUE ACCOUNT, AWARD NO. 1385, City ofMiami Page 9 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 PROJECT 20-200004, FOR SAID PURPOSE; ALLOCATING THE REQUIRED LOCAL MATCH AMOUNT OF $10,575, FROM PUBLIC WORKS GENERAL FUND ACCOUNT 00001.202000.534000. 07-01141 Legislation.pdf 07-01141 Exhibit.pdf 07-01141 Exhibit 2.pdf 07-01141 Exhibit 3.pdf 07-01141 Exhibit 4.pdf 07-01141 Exhibit 5.pdf 07-01141 Exhibit 6.pdf 07-01141 Exhibit 7.pdf 07-01141 Exhibit 8.pdf 07-01141 Exhibit 9.pdf 07-01141 Exhibit 10.pdf 07-01141 Exhibit 11.pdf 07-01141 Summary Form.pdf 07-01141 Oracle Award Management Page.pdf 07-01141 Contract Amendment.pdf 07-01141 Letter.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0534 CA.4 07-01142 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDING, IN THE AMOUNT NOT TO EXCEED $33,244, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, TASK FORCE ON DOMESTIC VIOLENCE, FROM THE VICTIMS OF CRIME ACT (VOCA) GRANT PROGRAM; ALLOCATING THE REQUIRED MATCHING FUNDS, IN THE AMOUNT NOT TO EXCEED $8,311, IN THE FORM OF IN -KIND SERVICES FROM THE CITY OF MIAMI DEPARTMENT OF POLICE, FOR A TOTAL PROJECT COST NOT TO EXCEED $41,555, FOR THE ENHANCEMENT OF THE QUALITY OF SERVICES TO CRIME VICTIMS; APPROPRIATING SAID FUNDS INTO SPECIAL REVENUE FUND 12000.191602.434000.0000.00000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM AND ALL NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF AND ADMINISTRATION OF SAID GRANT. City ofMiami Page 10 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 CA.5 07-01143 Office of the City Attorney CA.6 07-01153 07-01142 07-01142 07-01142 07-01142 07-01142 07-01142 07-01142 07-01142 07-01142 07-01142 07-01142 07-01142 07-01142 07-01142 07-01142 07-01142 07-01142 07-01142 07-01142 Legislation.pdf Exhibit.pdf Exhibit 2.pdf Exhibit 3.pdf Exhibit 4.pdf Exhibit 5.pdf Exhibit 6.pdf Exhibit 7.pdf Summary Form.pdf Memo. pdf Letter. pdf Letter 2.pdf Letter 3.pdf Grant #V6145.pdf Assurances. pdf Certification Form.pdf Letter 4.pdf Pre -Attachment. pdf Pre -Legislation. pdf 07-01142-Submittal-Summary Fact Sheet. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0535 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF ULYSES FERNANDEZ, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM NOT TO EXCEED $231,000, IN FULL SETTLEMENT, OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS, ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 07-01143 Legislation.pdf 07-01143 Cover Memo.pdf 07-01143 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0536 RESOLUTION City ofMiami Page 11 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "FY 2007 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM," CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE, IN THE AMOUNT OF $646,408; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 07-01153 Legislation.pdf 07-01153 Exhibit.pdf 07-01153 Exhibit 2.pdf 07-01153 Exhibit 3.pdf 07-01153 Exhibit 4.pdf 07-01153 Exhibit 5.pdf 07-01153 Exhibit 6.pdf 07-01153 Summary Form.pdf 07-01153 Pre-Attachment.pdf 07-01153-Submittal-Summary Fact Sheet.pdf Motion by Vice -Chairman Sanchez, 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-07-0539 Chairman Gonzalez: CA. 6, Commissioner Sarnoff. Commissioner Sarnoff Yeah. I wanted to understand whether CA.6, what -- has that actually been considered as part of our general operations budget? In other words, there's $646, 000. Is that actually input into the GOB (General Operations Budget) -- I said that wrong -- into the general operations budget? Assistant Chief Adam Burden: Yes. Assistant Chief Burden, Police Department. Yes, it is. It's a grant that we receive. We've been receiving it for the last four or five years, and we use it as part of the general budget. Commissioner Sarnoff Does that go into your -- into the actual Police operations budget? Is that part of your budgetary process? Assistant Chief Burden: Yes, it is. Commissioner Sarnoff OK. Thank you, Mr. Chair. CA.7 07-01181 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "FY 2007 GANG RESISTANCE EDUCATION AND TRAINING (G.R.E.A.T) PROGRAM," CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE City ofMiami Page 12 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 PROGRAMS, IN THE AMOUNT OF $54,132, AND IN -KIND SERVICES FROM THE CITY OF MIAMI DEPARTMENT OF POLICE, IN THE AMOUNT OF $26,949, FOR THE REQUIRED MATCH, FOR A TOTAL AMOUNT OF $81,081; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 07-01181 Legislation.pdf 07-01181 Exhibit.pdf 07-01181 Exhibit 2.pdf 07-01181 Exhibit 3.pdf 07-01181 Exhibit 4.pdf 07-01181 Exhibit 5.pdf 07-01181 Exhibit 6.pdf 07-01181 Exhibit 7.pdf 07-01181 Summary Form.pdf 07-01181-Summary Fact Sheet.pdf Motion by Vice -Chairman Sanchez, 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-07-0540 Chairman Gonzalez: CA.7. Commissioner Spence -Jones: Yes, Mr. Chairman. I just -- a quick question for Police. I wanted to get a -- I was waiting for an answer regarding this gang -resistance education training program, which I'm very happy that we do have it. I just want to know, Chief which areas will you be targeting for? Chief John F. Timoney: Good morning. John Timoney, chief of Police. Clearly, the -- the money's there focused in on gang (UNINTET,T IGIBT ,F) prevention; focused on (UNINTELLIGIBLE). Commissioner Spence -Jones: So it's Little Havana and -- is it Little Haiti also, too? Chief Timoney: That's what I'm saying, yes. Commissioner Spence -Jones: OK. Chief Timoney: (UNINTELLIGIBLE) Little Haiti, Model City, that whole area -- Commissioner Spence -Jones: Oh, OK. Chief Timoney: -- and Overtown. Commissioner Spence -Jones: OK. Thanks. Chief Timoney: OK. Commissioner Spence -Jones: That's whatl wanted to just have clarity on. Chairman Gonzalez: Any further questions from the Commission? City ofMiami Page 13 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 CA.8 07-01187 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney CITY ATTORNEY TO RETAIN DAVID E. CARDWELL, ESQUIRE, AND THE CARDWELL LAW FIRM, AS OUTSIDE COUNSEL, IN AN AMOUNT NOT TO EXCEED $10,000, FOR THE PURPOSE OF REPRESENTING THE CITY OF MIAMI 'S CREATION OF THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT AS A SPECIAL TAXING DISTRICT WITHIN THE CITY OF MIAMI; APPROPRIATING FUNDS FROM THE 2007-2008 BUDGET OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE. 07-01187 Legislation.pdf 07-01187 Cover Memo.pdf 07-01187 Letter.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0537 Adopted the Consent Agenda Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA Chairman Gonzalez: Let's go into the consent agenda. Vice Chairman Sanchez: Any items being pulled? Commissioner Sarnoff Yeah. I'm going to ask -- Chairman Gonzalez: Any items to be pulled? Commissioner Sarnoff -- for discussion, CA.1 and CA. 6. Chairman Gonzalez: CA.1 and CA. 6. Vice Chairman Sanchez: Hold on, hold on. Chairman Gonzalez: Any other items? Commissioner Spence -Jones: CA.7, Mr. Chairman, for clarification. Vice Chairman Sanchez: Mr. Chairman, so move the remaining items on the consent agenda. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion on the balance of the consent agenda. Is there a second? City ofMiami Page 14 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 15 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 10:30 A.M. PUBLIC HEARINGS A sign language interpreter translated discussion of items PH.1 and PH. 2. PH.1 07-01146 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), GRANTING TO RERG DEVELOPMENT, LLC. : (1) AN Development EXTENSION OF TIME, UNTIL FEBRUARY 1, 2008, TO COMMENCE CONSTRUCTION ON THE PROPERTIES LOCATED AT 1275 NORTHWEST 58TH STREET, 1283 NORTHWEST 58TH TERRACE, 1288 NORTHWEST 58TH TERRACE, 1280 NORTHWEST 59TH STREET, AND 1290 NORTHWEST 59TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED ON EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION OF FIVE (5) SINGLE FAMILY HOMES, AND (2) AN EXTENSION OF TIME, UNTIL JULY 1, 2008, TO COMMENCE CONSTRUCTION ON THE PROPERTIES LOCATED AT 1240 NORTHWEST 59TH STREET, AND 1241 NORTHWEST 58TH TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED ON EXHIBIT "B," ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION OF TWELVE (12) TOWNHOMES; STATING THE INTENTION OF THE CITY COMMISSION RELATED TO CONVEYANCE OF TITLE TO SAID PROPERTIES; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSES. 07-01146 Legislation.pdf 07-01146 Exhibit.pdf 07-01146 Exhibit 2.pdf 07-01146 Summary Form.pdf 07-01146 Pre-Legislation.pdf 07-01146 Pre-Attachment.pdf 07-01146 Letter.pdf 07-01146 Letter 2.pdf 07-01146 Affordable Housing Certification.pdf 07-01146 Property Information.pdf 07-01146 Quit Claim Deed.pdf 07-01146 Property Information 2.pdf 07-01146 Quit Claim Deed 2.pdf 07-01146 Property Information 3.pdf 07-01146 Quit Claim Deed 3.pdf 07-01146 Property Information 4.pdf 07-01146 Quit Claim Deed 4.pdf 07-01146 Property Information 5.pdf 07-01146 Quit Claim Deed 5.pdf 07-01146 Property Information 6.pdf 07-01146 Quit Claim Deed 6.pdf 07-01146 Property Information 7.pdf 07-01146 Quit Claim Deed 7.pdf DEFERRED A motion was made by Commissioner Spence -Jones, seconded by Vice Chairman Sanchez, and was passed unanimously, to defer item PH.1 to the City Commission meeting currently scheduled for October 11, 2007. City ofMiami Page 16 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Chairman Gonzalez: All right. PH.1, Mr. Manager. Pedro G. Hernandez (City Manager): Mr. Chairman, on PH.1, I would like to request that the item be continued, which, in essence, it means that it will be heard on the October 11 agenda. The item, I figure that we can do the checkup on the documentation today, but we were not able to do so, so I'm asking for the continuance and that the item be heard on October 11. Pamela E. Burns (Assistant City Clerk): Excuse me, Mr. Manager. Is that a continuance or deferral? Mr. Hernandez: It will be deferred to a -- Commissioner Spence -Jones: October 11. Mr. Hernandez: -- to October 11. Ms. Burns: To October 11. Thank you. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Jorge L. Fernandez (City Attorney): What is the date to which it has been continued? All right. Ms. Burns: October 11. Chairman Gonzalez: October]]? All right. Ms. Burns: And couldl get again, for the record, the mover and the seconder? We -- Commissioner Spence -Jones: So moved. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. PH.2 07-01189 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CONVEYANCE TO PRESTIGE Development ENTERPRISE GROUP, INC., WITH PARCEL REVERTER PROVISIONS, OF THE CITY OF MIAMI OWNED PARCELS OF LAND LOCATED AT 400-420 SOUTHWEST 8TH AVENUE, AND 430 SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED ON EXHIBIT "A," ATTACHED AND INCORPORATED, COMMONLY KNOWN AS THE TEATRO MARTI PROPERTY, FOR THE DEVELOPMENT OF A MIXED -USE, MIXED -INCOME AFFORDABLE HOUSING PROJECT ON THE SITE, SUBJECT TO THE TERMS INDICATED ON EXHIBIT "B," ATTACHED AND INCORPORATED; City ofMiami Page 17 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 AUTHORIZING THE CITY MANAGER TO EXERCISE THE DISCRETION INDICATED ON EXHIBIT "B" WITH REGARD TO THE TOTAL NUMBER OF PROJECT UNITS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED AND ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. 07-01189 Legislation.pdf 07-01189 Exhibit.pdf 07-01189 Exhibit 2.pdf 07-01189-Exhibit 3.pdf 07-01189 Summary Form.pdf 07-01189 Special Warranty Deed.pdf 07-01189 Memo.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0542 Chairman Gonzalez: PH.2. Yes, sir. George Mensah: Good morning, Chair and Commissioners. My name is George Mensah, assistant director, Community Development. PH.2 is a resolution of the Miami City Commission authorizing a conveyance to Prestige Enterprise Group, Incorporated, with reverter provisions of the City ofMiami owned parcels of land located at 400-420 Southwest 8th Avenue and 430 Southwest 8th Avenue, Miami, Florida, legally described on exhibit attached. As you know, on May 29, 2007, the City ofMiami issued a request for proposal for quaked registered developers for the development of a mixed -use, mixed -income affordable housing, located at 400-420 Southwest 8th Avenue and 430 Southwest 8th Avenue, Miami, Florida. We received three -- initially, we received three responses, but we had to reissue it to make clarification on the RFP (Request for Proposals), and in the second reissuance, which ended at August 24, 2007, we got two proposals. The proposals were reviewed by a committee made up of two members of the East Little Havana Homeownership Trust Advisory Board and one staff member. They reviewed the two proposals and recommended to the City Manager Prestige Enterprise Group, Incorporated to build the development, so we are seeking to convey these properties at this time. Vice Chairman Sanchez: So move -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- Mr. Chairman. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion, and we have a second. It's a public hearing. Anyone from the public that wants to speak on this item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Vice Chairman Sanchez: Mr. Chair, ifI could just be recognized? I have a couple of questions on this item, not pertaining to the resolution itself just -- City ofMiami Page 18 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Chairman Gonzalez: All right. Vice Chairman Sanchez: -- directed towards the executive director, Mirabile. The four million approved will be taken to the Housing Commercial Loan Committee. When would that be done? Mr. Mensah: October 19. Vice Chairman Sanchez: OK, and it has been bidded out? The process is going well? Mr. Mensah: Yes. Hector Mirabile (Acting Director, Community Development): Yes, sir. Vice Chairman Sanchez: OK. All right. Commissioner Spence -Jones: Thankyou, George. Mr. Mensah: Thank you. Commissioner Spence -Jones: Thankyou, Hector. Vice Chairman Sanchez: Thank you. Mr. Mirabile: Thankyou. Pamela E. Burns (Assistant City Clerk): Excuse me. For -- Chairman Gonzalez: All -- Ms. Burns: -- the record, on PH 2, that was as modified with a substitution? Jorge L. Fernandez (City Attorney): Correct, and just for the record to be clear, the only thing that was modified is that we attached the purchase and sale agreement that was referred to in the title of the ordinance so that it's a complete item. You're passing the resolution, and the document is final and attached to it, so you're, in essence, also approving the purchase and sale agreement by passage of this resolution. City ofMiami Page 19 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 ORDINANCE - SECOND READING SR.1 07-01063 ORDINANCE Second Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING PROVISIONS Clerk FOR EARLY VOTING IN THE CITY OF MIAMI, PURSUANT TO FLORIDA STATUTE §100.3605, FOR THE MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2007; DESIGNATING CERTAIN SITES AND TIMES FOR EARLY VOTING; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 07-01063 Legislation SR/FR .pdf 07-01063 Cover Memo FR .pdf 07-01063 Cover Memo SR.pdf Motion by Vice -Chairman Sanchez, 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 12942 Chairman Gonzalez: All right. SR.1. SR.1 is establishing the early voting. Pamela E. Burns (Assistant City Clerk): Right. SR.1 is the second reading for making provisions for early voting in the City ofMiami. Chairman Gonzalez: All right. It is an ordinance. Do we have a motion? Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion, and we have a second. It's a public hearing. Anyone from the public that wants to speak on this item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. Roll call -- read the ordinance, please. Jorge L. Fernandez (City Attorney): Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Ms. Burns: Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has been adopted on second reading, 5/0. City ofMiami Page 20 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 ORDINANCE - FIRST READING FR.1 07-01088A ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER Attorney 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT," MORE PARTICULARLY BY AMENDING SECTION 18-84 TO REQUIRE THAT ALL INVITATION FOR BIDS, REQUEST FOR LETTERS OF INTEREST, REQUEST FOR PROPOSALS, REQUEST FOR QUALIFICATIONS OR ANY OTHER METHOD OF SOURCE SELECTION, WHETHER FORMAL OR INFORMAL, TO BE ISSUED BY THE CITY OF MIAMI SHALL BE DEVELOPED OR DRAFTED BY CITY OF MIAMI EMPLOYEE(S) AND IN THE EVENT THAT THE SAME ARE NOT DEVELOPED OR DRAFTED BY CITY OF MIAMI EMPLOYEE(S), THE NON -CITY OF MIAMI EMPLOYEE(S) OR FIRM ASSISTING, DEVELOPING, OR DRAFTING ANY PORTION OF THE SOLICITATION DOCUMENT SHALL BE PROHIBITED FROM COMPETING FOR THE AWARD OF ANY CONTRACT RESULTING FROM SUCH PROCESS AND SHALL BE TREATED AS PART OF THE CITY'S PROFESSIONAL STAFF UNDER THE CONE OF SILENCE, WHEN APPLICABLE; THIS PROVISION DOES NOT APPLY TO CIRCUMSTANCES WHEREBY THE CITY ENGAGES NON -CITY OF MIAM EMPLOYEE(S) OR FIRM TO COLLECT OR PROVIDE INDUSTRY COMMENTS, CONDUCT MARKET RESEARCH, OR PROVIDE TECHNICAL DATA. 07-01088A Legislation SR.pdf 07-01088A Cover Memo SR.pdf 07-01088A-Legislation Sub FR.pdf 07-01088A Cover Memo FR.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: All right. FR.1. Glenn Marcos (Director, Purchasing): Good morning, Commissioners. Glenn Marcos, Purchasing director. Before you is a first reading of an ordinance in which the Commission requested for the Administration to draft up legislation regarding the fact that we want to prohibit firms from competing for award of contracts when they assist the Administration of drafting any portion of the solicitation. Before you is an amended document. We ended up amending the actual document, and if you permit me and allow me, I would write -- I would love to read this into the record. The actual ordinance has been revised to read accordingly. An ordinance of the Miami City Commission amending Chapter 18, Article III of the Code of the City ofMiami, Florida, as amended, entitled "Finance/City ofMiami Procurement, "more particularly by amending Section 18-84 to require that all invitation for bids, request for letters of interest, request for proposals, request for qualifications or any other method of source selection, whether formal or informal, to be issued by the City ofMiami shall be developed or drafted by the City ofMiami employee or employees, and in the event the that the same are not developed or drafted by the City ofMiami employee or employees, the City ofMiami employee or employees or firm assisting, developing, or drafting any portion of the solicitation document shall be prohibited from competing for the award of any contract resulting from such process and shall be treated as part of the City's professional staff under the Cone of Silence, when applicable. This provision does not apply to circumstances whereby the City engages a non -City City ofMiami Page 21 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 ofMiami employee or employees or firm to collect or provide industry comments, conduct market research, or provide technical data. Chairman Gonzalez: All right. Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: Is there a motion on the item? Vice Chairman Sanchez: Well -- so move -- Chairman Gonzalez: Is there -- Vice Chairman Sanchez: -- as -- Chairman Gonzalez: -- a second on the item? Vice Chairman Sanchez: -- amended. Commissioner Sarnoff Second. Chairman Gonzalez: There is a second. Discussion. Vice Chairman Sanchez. Vice Chairman Sanchez: Thank you, Mr. Chairman. As you -- I know that all of you are very aware of this ordinance. We've been working on this ordinance for quite some time now. It came forth when we had an incident where they accused the City Administration of a company helping write the bid process, which really came out in the paper, and really gave the City a black eye. It is our jobs as legislators to create best practices and good government to make sure that these laws that are on the record are transparent and they provide the best service as possible. This ordinance is a hundred percent simple and straightforward. As you know, the ordinance explains exactly what needs to be done. If you work on an outside firm to help you craft either an RFP (Request for Proposals) or an RFLI (Request for Letters oflnterest), et cetera, that outside helper cannot be awarded the contract he or she help put together, so what we did through this whole process in the art of compromising, sitting with all the departments, including the City Attorney, was to bring this ordinance out, and it has been amendment [sic]. The amendment is a minor amendment, and it's just a small provision on it, and the concern was, on the original ordinance, that if the Procurement Office, which has to do research, has to call -- and we'll use an example -- an air conditioning company, and you ask any type of information pertaining to air conditioning on a specific project, then that company would be excluded from participating in the process, and that really wasn't fair, so we just amended the language here, which clearly stipulates that this provision does not apply to circumstances whereby the City engaging in non -City ofMiami employees or firms to collect or provide industrial comments -- conduct, mark [sic] and research, or provide technical data, so therefore, this ordinance now -- I think it's a better ordinance. It has more teeth to make sure that, in the future, we're able to make sure that we don't repeat the things of the past, so once again, this ordinance is -- should enhance best practice, and of course, provide good governance, so that's the reason why we're moving the -- forward, as amended. Chairman Gonzalez: All right. We have a motion, and we have a second on the ordinance. Jorge L. Fernandez (City Attorney): Mr. Chairman. Chairman Gonzalez: It's a public hearing. Anyone from the public that wants to speak on the item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. Mr. City Attorney, do you read the ordinance? City ofMiami Page 22 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Mr. Fernandez: Well -- Commissioner Regalado: Chairman. Mr. Fernandez: -- I would read it -- Commissioner Regalado: Chairman. Mr. Fernandez: -- ifI had a copy of it. My office has been involved in this up until the most recent change that has taken place that we have not reviewed, so I would be very happy to read it ifI get a copy of it. Thank you -- Vice Chairman Sanchez: Well, I'll tell you what I'll do -- Mr. Fernandez: -- and you know, we just proceed because I understand these changes have been done since the last time that we took the time to get input from staff on the changes or on what they wanted this ordinance to contain. Notwithstanding that, as presented to you by staff -- The Ordinance was read by title into the public record by the City Attorney. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Regalado: Question. Glenn, the Vice Chair mentioned, you know, the instance that we all know, but do you know of other instances where any City department have used or have request from the vendor to design or write the contract? Mr. Marcos: No, I have no direct knowledge of that. What can go ahead and tell you as part of any competitive process, whether it's the Procurement Department or City staff we do end up doing market research to make sure that the most current data is included in the actual solicitation, but as far as you having another City department that have just basically have asked a vendor or a firm to end up providing that and then just put it into the bid specs, no, I don't have any direct knowledge of that. Commissioner Regalado: So you don't check all the consultants or -- do you check the consultants' contract? Nobody does. Mr. Marcos: As far as the consultant contracts, I mean, it all depends which ones you're referring to. There are certain consultant contracts that does come through my office and some of it is done by another office, so not all of it comes through me. Commissioner Regalado: So we're not sure if anybody can do it? Mr. Marcos: Well, what I can tell you is the one that comes through me, I can assure you that we do look into the actual specifications and make sure that, number one, it's not restrictive and it's open for competitive bidding, and if there's any changes that are required, we make those changes, and we work with the departments to make those changes. Commissioner Regalado: No. The reason I'm asking is because a consultant hire by the Office of Economic Development have been sending e-mails, and he has said that he was asked to draft the contract for his consulting, and the contract was approve, and he did the consulting, so it's another instance, and the reason I mention this is because that -- the same thing you said, you check some, but how 'bout if other departments of the City, how do we make sure that this doesn't City ofMiami Page 23 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 happen? Mr. Marcos: Well, Commissioner, all can go ahead and say is is that all can assure you that the one that I'm aware of and I'm contacted about that we do -- that do and my staff will end up researching and making sure that we make those adjustments, but there's others that, of course, I'm not aware of. Gary Fabrikant: Gary Fabrikant, assistant director, Department of Capital Improvements. The Department of Capital Improvements is responsible for contracts for design service consultants and testing consultants. The Department staff in conjunction with the requesting department, develops the scopes of work. We do not use any outside consultants to develop -- Commissioner Regalado: I wasn't talking about you. Mr. Fabrikant: -- internal scopes of work for the projects. Commissioner Regalado: I wasn't talking about you. Commissioner Spence -Jones: He's talking about (UNINTET,TIGIBT,F). Commissioner Regalado: It was Economic Development, not -- Commissioner Spence -Jones: He's using another department as an example. Commissioner Regalado: No. I just -- Chairman Gonzalez: All right. Vice Chairman Sanchez: Mr. Chairman. Commissioner Regalado: So Mr. Manager -- Mr. Marcos: Commissioner, again, I would have to go back, speak to Economic Development -- Commissioner Regalado: No. I'm just -- look, Mr. Manager, you know about this? Pedro G. Hernandez (City Manager): I think believe -- I understand what you're referring to is the contract that Economic Development had with Chuck D'Aprix. Commissioner Regalado: Uh-huh, that's the one. Mr. Hernandez: Now, did that --? Commissioner Regalado: I'm saying this as an example -- Commissioner Spence -Jones: He's not -- Commissioner Regalado: -- that it was under your radar. That's all that there is to it, and it happened. It didn't happen once, at least that we know now; it happened twice. Commissioner Spence -Jones: He -- basically, what he's trying to say, Mr. Manager, is he wants to make sure that this is applied across-the-board with all the -- I'm assuming that's what you're saying, right, Commissioner Regalado? Commissioner Regalado? Commissioner Regalado: Huh? City ofMiami Page 24 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Commissioner Spence -Jones: You want to make sure that this is applied across-the-board for all the department heads to ensure that this same thing does not happen -- Commissioner Regalado: Well -- Mr. Marcos: Absolutely. Commissioner Regalado: -- I mean -- Commissioner Spence -Jones: -- and what kind of measures are you putting in place to assure that -- Commissioner Regalado: No, no, I don't want to make sure anything. I'm voting for a law, and I thought that the law is for everyone -- Commissioner Spence -Jones: Right. Commissioner Regalado: -- not for -- Mr. Hernandez: And that's -- Commissioner Spence -Jones: Right. You're just making -- Commissioner Regalado: -- a (UNINTELLIGIBLE). Mr. Marcos: It is applied equally. Commissioner Spence -Jones: Right, and that's the reason why I'm assuming -- Commissioner Regalado: Exactly. Commissioner Spence -Jones: -- that, Commissioner Sanchez -- Commissioner Regalado: Justice for some, you know. Commissioner Spence -Jones: -- has brought this as an issue. Yes. Chairman Gonzalez: All right. Vice Chairman Sanchez: Mr. Chairman. Mr. Hernandez: Obviously, this law is a citywide ordinance. I don't know the particulars in this case as to how Mr. D'Aprix was selected. I'll be more than happy to look into that, but definitely, this applies to all departments in all cases. Chairman Gonzalez: All right. Vice Chairman Sanchez. Vice Chairman Sanchez: Mr. Chairman, in closing, just for the record, this law applies to every RFP, RFLI, et cetera, that is put forth. Our job, as the legislative branch of the City ofMiami, is to create ordinances that protect the integrity of this institution. This ordinance does that, and it's a shame that we have to pass these ordinance after the fact where we have had incidents that have been an embarrassment not only to the City, but those that sit here. All right, and as we sit here today, not only this ordinance that I have had an opportunity to sit down -- because every time you put out an ordinance, there is an issue with everyone, whether it's the Legal City ofMiami Page 25 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Department, whether it's the department or other departments that are affected by it, I've given everyone the professional courtesy to sit down with, to make sure that once we pass this legislation, it is a good legislation. Let me tell you, it's a shame it's taken me six months to pass this legislation, and we could go back not too far ago back when we passed another ordinance which banded -- was a banned ordinance on City employees and department directors that would bid out work, give it to those companies, and then -- in less than a year, they would leave and work for that company. We also passed that legislation, and it also took about six months because there was, at times, obstacles to try to stop these ordinance. It is our responsibility, as legislators, to make sure that we pass ordinances that make sure that those mistakes don't ever happen in this city, so therefore, I'm respectfully requesting this legislative body to approve this ordinance. Commissioner Spence -Jones: We did already. Chairman Gonzalez: All right. Mr. City Attorney, you already read the ordinance, right? Mr. Fernandez: Yes, we have. Chairman Gonzalez: All right. I almost forgot about that. Mr. Marcos: IfI may, I want to thank Commissioner Sanchez, his office, in particular Steve Wright, who actually worked with me on this. I want to thank Mr. Roger Hernstadt, that also ended up working with this, and the entire Commission body for having the -- Chairman Gonzalez: All right. Mr. Marcos: -- foresight to pass this. Chairman Gonzalez: Thank you. Mr. Marcos: Thank you. Chairman Gonzalez: Didl open it for the public or not? Commissioner Regalado: Yes, you did. Chairman Gonzalez: Yes, I did. All right, so roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has passed on first reading, as modified, 5/0. City ofMiami Page 26 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 RESOLUTIONS RE.1 07-01147 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 32050, THAT THE SOLE PROPOSER, MCGLADREY AND PULLEN, LLP, IS QUALIFIED TO PROVIDE EXTERNAL AUDITING SERVICES FOR THE CITY OF MIAMI ("CITY"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR A ONE (1) YEAR PERIOD, WITH OPTIONS TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $380,000, FOR THE FIRST YEAR, $390,000, FOR THE SECOND YEAR, AND $410,000, FOR THE THIRD YEAR, RESULTING IN A TOTAL CONTRACT AMOUNT NOT TO EXCEED $1,180,000; FURTHER AUTHORIZING THE CITY MANAGER TO AMEND THE PSA FOR ADDITIONAL SERVICES REQUIRED BY THE CITY WITHOUT FURTHER CITY COMMISSION ACTION IN THE AMOUNT NOT TO EXCEED 10% OF THE ANNUAL AMOUNT, FOR EACH OF THE RESPECTIVE YEARS OR IN THE AGGREGATE, WHICHEVER COMES FIRST; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 00001.161000.532000. City ofMiami Page 27 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 07-01147 Legislation.pdf 07-01147 Exhibit.pdf 07-01147 Exhibit 2.pdf 07-01147 Exhibit 3.pdf 07-01147 Summary Form.pdf 07-01147 Negotiations Search Webpage.pdf 07-01147 Vendor Mailing List.pdf 07-01147 Memo.pdf 07-01147 External Auditing Services.pdf 07-01147 Request For Proposal.pdf 07-01147 Letter.pdf 07-01147 Proposal Cover Page.pdf 07-01147 Table Of Contents.pdf 07-01147 Executive Summary.pdf 07-01147 Proposers Qualifications & Experience.pdf 07-01147 Technical Qualifications.pdf 07-01147 Audit Approach.pdf 07-01147 Local Preference.pdf 07-01147 Fees For Services.pdf 07-01147 Appendix.pdf 07-01147 License.pdf 07-01147 License 2.pdf 07-01147 License 3.pdf 07-01147 License 4.pdf 07-01147 License 5.pdf 07-01147 Occupational License 1.pdf 07-01147 Occupational License 2.pdf 07-01147 Occupational License 3.pdf 07-01147 License Details.pdf 07-01147 License Details 2.pdf 07-01147 License Details 3.pdf 07-01147 License Details 4.pdf 07-01147 License Details 5.pdf 07-01147 License Details 6.pdf 07-01147 Certification Statement.pdf 07-01147 Certification Statement 2.pdf 07-01147 Addendum #1.pdf 07-01147 Letter 2.pdf 07-01147 Letter 3.pdf 07-01147 Letter 4.pdf 07-01147 Letter 5.pdf 07-01147 Fundamentals.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Regalado Absent: 2 - Commissioner Sanchez and Spence -Jones R-07-0543 Chairman Gonzalez: All right. RE.1. Diana Gomez (Director, Finance): Diana Gomez, Finance director. This is a resolution accepting the recommendations of the City Manager, approving the findings of the Evaluation City ofMiami Page 28 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Committee, pursuant to the request for proposal number 32050, that the sole proposer, McGladrey and Pullen, LLP, is qualified to provide external auditing services for the City of Miami; therefore authorizing the City Manager to negotiate and execute a professional services agreement for a one-year period with options to renew for two additional one-year periods, for a total contract amount not to exceed $1,180, 000, and further authorizing the City Manager to amend the agreement for additional services required by the City in the amount not to exceed ten percent of the total contract amount. Chairman Gonzalez: All right. Is there a motion on the item? Commissioner Sarnoff I'll make a motion for discussion. Chairman Gonzalez: There is a motion. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: There is a second. Discussion. Commissioner Sarnoff Mr. Chair -- Chairman Gonzalez: Commissioner Sarnoff, you're recognized. Commissioner Sarnoff -- man, I'd like to make a friendly amendment to this. I believe that the contingency which they have placed, the Administration, of ten percent should not be for the entire contract, three years; it should be for the annual fee so that if they have a $410, 000 year, the maximum contingency that they would be authorized to consider would be 41,000, the same for the resulting years, whether it's 380 -- 38,000 -- 390, 000, it would then be 39,000. I don't think it's appropriate for a contract that is severable by its own definition to be considered as -- each year they could come back and say, well, if we combine all three years, it's a million one, ergo, we could have a $110, 000 contingency. Chairman Gonzalez: Right. Commissioner Sarnoff I think it's appropriate if we're going to speak about severability -- we may not like these people. Chairman Gonzalez: Right. I agree with you. Unidentified Speaker: Commissioners, we're fine with that. Chairman Gonzalez: All right. Commissioner Regalado: Second. Chairman Gonzalez: There is an amendment to the -- Commissioner Regalado: I second the amendment. Chairman Gonzalez: -- and second the amendment. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Ms. Gomez: Thank you. City ofMiami Page 29 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 RE.2 07-00571A Department of Capital Improvements Program Chairman Gonzalez: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE AN INTERLOCAL AGREEMENT, SUBJECT TO THE CITY MANAGER'S APPROVAL AND THE CITY ATTORNEY'S APPROVAL, WITH THE MIAMI-DADE COUNTY SCHOOL BOARD ("SCHOOL BOARD"), REGARDING DESIGNING, CONSTRUCTING, FUNDING, MAINTAINING, AND OPERATING A CO -LOCATED INTERNATIONAL POLICE TRAINING FACILITY POLICE COLLEGE AND A LAW ENFORCEMENT HIGH SCHOOL (COLLECTIVELY, "FACILITY"), ON THE CITY OF MIAMI OWNED SITE CREATED FROM THE UNIFICATION OF THE PROPERTIES LOCATED AT 405 NORTHWEST 3RD AVENUE, ("MIAMI POLICE HEADQUARTERS") AND 401 NORTHWEST 3RD AVENUE, ("ADJACENT LOT"), MIAMI, FLORIDA, FOR THE DESIGN, CONSTRUCTION AND CONTINGENCIES OF THE FACILITY, IN AN AMOUNT NOT TO EXCEED $37,470,000; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A LEASE AND OPERATING AGREEMENT WITH THE SCHOOL BOARD, SUBJECT TO THE CITY MANAGER'S APPROVAL AND THE CITY ATTORNEY'S APPROVAL; FURTHER DIRECTING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE ANY ADDITIONAL AGREEMENT(S) DEEMED NECESSARY TO ESTABLISH THE ONGOING RESPONSIBILITIES OF BOTH PARTIES FOR THE CONSTRUCTION, FUNDING, CONTINGENCIES, MAINTENANCE, AND CONTINUED OPERATION OF THE FACILITY, SUBJECT TO THE CITY ATTORNEY'S APPROVAL. 07-00571A Legislation.pdf 07-00571A Summary Form.pdf 07-00571A Memo.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, 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-07-0532 Chairman Gonzalez: All right. Mr. Manager, I believe that -- I don't know -- somebody wants the Police college heard early? Pedro G. Hernandez (City Manager): Yes, and also, DI1, which is the single audit [sic] report. Chairman Gonzalez: All right. Let's go with the Police college. What item is that in the agenda? Vice Chairman Sanchez: BH.1 ? Chairman Gonzalez: Go ahead. Larry Spring: Thank you, Commissioner. Larry Spring, chief financial officer. The item is RE.2. Chairman Gonzalez: All right. City ofMiami Page 30 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Mr. Spring: This is a resolution of the City of Miami Commission authorizing the City Manager to finalize negotiations and execute the interlocal development agreement with the School Board ofMiami-Dade County for the design, construction, funding, maintenance, and operation of a colocated international police training facility and law enforcement high school. The expected site -- or the site for the school and training facility is 405 Northwest 3rdAvenue, which is current -- excuse me -- 401 Northwest 3rdAvenue, which is the site immediately adjacent to the existing police department building. The facility would house approximately 500 student stations; be of a size of about 112,000 square feet. The expected completion date for construction is June 2009. The remaining negotiating items, which we need to clam with the School Board -- and a meeting is already set for next week -- are to clarify the process for approval of the change orders, claming the use of an escrow account for the deposit, and then dissemination of the construction funds; termination of title, and to finalize and execute the lease and operating agreements, as well as other agreements, which would include the construction contract, which the School Board will be entering into and then assigning portions to the City to complete the college. The total cost is estimated at $37 million -- I mean -- yeah, $37 million, with a 59/41 split; City, 59 percent; 41 percent, which is consistent with the split on the usage between the City and the School Board, and we ask for your consideration at this time. Chairman Gonzalez: All right. Any motion to open for discussion? Commissioner Sarnoff I'll make a motion for discussion. Chairman Gonzalez: We -- Vice Chairman Sanchez: Second. Chairman Gonzalez: -- have a motion, and we have a second for discussion. Commissioner Sarnoff, you're recognized. Commissioner Sarnoff As this is -- thank you, Mr. Chair -- went before the Commission, it appears that they're giving the Manager the full authority to do whatever is necessary. Shouldn't this come back to the Commission for our approval? Vice Chairman Sanchez: Yes. Mr. Spring: We have discussed that issue, and the Manager -- I mean, he speaks for himself, but Pedro G. Hernandez (City Manager): Commissioner, I think that's a very good point. I believe that the items that are pending, mentioned by Mr. Spring, are items that are nonmaterial. However, I do agree that deviations from what we have or any changes that have any impact, I will be more than glad to bring the item back for your ratification once the items are resolved. Commissioner Sarnoff It's just that it's $37 million, andl think this Board should be the one that approves -- Mr. Hernandez: I agree. Chairman Gonzalez: All right. Any further discussion? Commissioner Sar -- I'm sorry -- Spence-Jones. Commissioner Spence -Jones: Yeah. I don't know if -- Commissioner Sanchez, did you have a comment? City ofMiami Page 31 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Vice Chairman Sanchez: Well, that was my concern, the same concern that Commissioner Sarnoff -- so I would also support amending it where it would come back for final approval by this Commission being that it's such a large amount of money, and we want to make sure this project moves forth without any hiccups, and we want to make sure we monitor this because this could be something very good for the City, but if it's not done right, it could also be an embarrassment to the City. Chairman Gonzalez: All right. Any further discussion? Commissioner Spence -Jones: No. I just wanted to, first of all, commend leadership from both sides, from the City's side with the Mayor's office, and of course, from the superintendent's side for having vision on this issue. We already know that we have a serious issue of shortage of law enforcement officers and individuals that even have an interest in going into the field, so I think it's great -- a great -- a -- a great step in the right direction for us grooming young people to have an interest in this career. I just want to make sure, from the City Attorney's side, are we clear, Mr. Manager, we'll be in the midst of working along with you on the agreements regarding this? Has your office been --? Mr. Fernandez: Yes, of course, we -- Commissioner Spence -Jones: OK. Mr. Fernandez: -- have been involved. However, as represented by Mr. Smith [sic], we did not have a final agreement that we have reviewed, and so the statements made by Larry need to be taken in context of there being no final agreement. We have been involved; all the terms and conditions have been addressed, but the final written document in its complete form is not in front of you. Commissioner Spence -Jones: OK, so I think that's what Commissioner Sarnoff is basically mentioning, so I just want to make sure that there is some communication happening on all three fronts, but I just wanted to commend everyone for their vision on the -- and the chief -- for their vision on really working hard to make sure that this happens, and that's my only comment. Commissioner Sarnoff Mr. Chairman. Are you, Mr. City Attorney, at the table? Are you actively negotiating as well? Mr. Fernandez: Yes. A member of my staff is very much involved in what's happening, most of the time at the table; not always at the table, but we certainly are very much on top of what's happening, and we're working hand in glove with the Administration. That said, still there is no final agreement, and so I need clarification on the motion that's pending. I don't know if the motion will pass as presented by Larry or as modified by Commissioner Sanchez. Vice Chairman Sanchez: Modified by Commission. Mr. Fernandez: But that modification -- Commissioner Sarnoff Yeah. I -- Mr. Fernandez: -- has not received a second or -- Commissioner Sarnoff I'll second Commissioner Sanchez's modification. Chairman Gonzalez: All right. Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman, and I just want to understand. We have City ofMiami Page 32 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 been dealing with these plans for like several years now, since the bond issue was approved, and the delay wasn't because the site was being considered for the baseball stadium. Was it that, or is it that they were -- the School Board hadn't make a decision? What was the delay on --? Mr. Hernandez: Commissioner, I would say that any delays over the last few months, yes, it had something to do, at some point, with the fact that the site behind the County administration building was being considered for a baseball site, and that -- Commissioner Regalado: That is no longer the case. Mr. Hernandez: -- proposal would have an impact on this site, and that proposal is no longer viable. We're proceeding forward with the college of policing. Commissioner Regalado: OK, and the other issue is is the City going to be able to recommend students interested on the -- anything that has to do with criminal jusfice, or is this going to be like a countywide MAST (Maritime and Science Technology) -type academy? What I'm saying is what do we have for the residents, for the students of the City, since the number of students are limited and they cannot be expanded? What preference do we have for City students, if the case is that many wants to apply? Is it going to be by grades, or is it going to be by City preference? Is it going to be by areas? Alberto Carvalho: Good morning, again. That's a good question. Chairman Gonzalez: Name and address, please. Mr. Carvalho: Alberto Carvalho, associate superintendent for the School Board of Miami -Dade, representing Dr. Rudy Crew. It's a good question, Commissioner. In line with choice programs that we have provided by our school district, much like DASH (Designed Architecture Senior High), New World School of the Arts, or MAST, this school will be following the same rules. Obviously, one of the points that can be negotiated is a sliding scale regarding acceptance into this program giving specific preference or additional points for children coming from the City ofMiami, since this is a program and a school co funded and co -supported by the City. That would not rule out some students outside of the City ofMiami from applying to go into this school, but much like programs that may not be located in the City ofMiami, and may be in the City of Coral Gables, like the International Studies High School, where children from outside of the city still can compete to come into those programs, but certainly, we can negotiate and look at a way of providing an opportunity for the residents of the City of Miami a first shot at applying and being accepted at this school. Commissioner Regalado: No, andl think it only makes sense. I mean, since, you know, it's a -- as the stockholders, we have the majority, andl think we deserve to have some kind of not quota, but preference for students in the City ofMiami that want to compete, at least to get into the -- not to reduce the standards for the Miami students, but to have some kind of priority for the students to compete and get into, because I'm sure that there will be interest in many of our youngsters to participate, so I would hope that my colleagues will like to entertain the possibility of directing the Manager and the City Attorney to discuss with the School Board that aspect, which, by the way, it's being done in other municipalities and other counties, too. Chairman Gonzalez: Why don't you offer as a -- offer it as an amendment -- Commissioner Regalado: I mean, because there is a motion -- Chairman Gonzalez: -- second amendment? Commissioner Regalado: -- and the amended motion by Vice Chairman Sanchez and -- so I City ofMiami Page 33 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 don't know if we should also include that or should be another separate motion -- Chairman Gonzalez: All right. Commissioner Regalado: -- but I -- Chairman Gonzalez: Mr. City Attorney, should that be -- Mr. Fernandez: Well -- Chairman Gonzalez: -- a separate motion? Mr. Fernandez: It should be a separate motion, and I'm not the attorney for the School Board, and won't address that, but from our perspective, the nature of the deal is that we have split the uses, as it were, and are 59/41. The -- their 41 percent is intended to include and takes care of all of their involvement and all of their programs. What you're asking for us is to ask them that within their 41 they give certain consideration in their programmatic functions -- Commissioner Regalado: Right. Mr. Fernandez: -- and then that's clearly -- it could be asked, and perhaps, there is a way of articulating some sort of a formula where, on a point -based system for admission purposes, residents in the City ofMiami would count towards some, but this is clearly something that would be the largesse and the goodwill of the School Board in accommodating the City. It's -- Commissioner Regalado: I mean, it would not be the deal broker [sic], but -- Vice Chairman Sanchez: Mr. Chairman. Commissioner Regalado: -- I mean, 59 percent is better than 41 percent; am I right? And -- Mr. Fernandez: You're asking -- Commissioner Regalado: -- you know, we are partnering -- we are giving the land; we're putting more money than they are, so what's the problem? Mr. Carvalho: OK. Mr. Chair. Chairman Gonzalez: Yes, go ahead. Mr. Carvalho: Let me -- I think we're -- let me try to offer a solution. This concept first came about as a solution for overcrowded conditions in the City ofMiami, so the first objective was to reduce overcrowding; provide a relief site. The fact that we were able to do this by providing a workforce solution for the City ofMiami simultaneously is just a two -for -one solution. It think, as I said earlier, I don't foresee a problem with providing a guarantee for our students in the City ofMiami to first access this school through a competitive process. I think it just makes sense, since the idea of creating this school and allocating the funds to build this project was intended to, first and foremost, relieve overcrowding conditions in the City ofMiami, so I think that's a guarantee thatl can make here to you today that children from the City ofMiami will get a first shot at entering this school with a certain percentage of seats obviously being allocated to kids from throughout the district that may express a desire to enter this career. Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: All right. Vice Chairman Sanchez. City ofMiami Page 34 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Vice Chairman Sanchez: Mr. Chairman, I -- as the maker of the motion, I would accept that friendly amendment that has been proffered, which is to guarantee a certain percentage that'll be determined in the agreement, butt have to toss in the word "competitive" process where you guarantee a certain percentage of students through a competitive process. Also on the issue -- is the second -- who made the second, would you accept that friendly amendment also? Commissioner Sarnoff Yes. Vice Chairman Sanchez: All right. On the issue which we discuss right now, because of the usage will be 59 percent City, 41 percent the School Board, and those, of course, are going to be the cost. I think one of the issues why -- one of the things that the Commissioners wanted to have this come back to the Commission for a final approval is something that continues to concern us all with all these major projects, and of course, that is the cost overruns, and that's something that, Mr. City Manager, I don't want to put any numbers on that, but it's certainly going to be something that I would look at as to how we're able to split possibly some of the cost overruns to this project when it comes back for a final vote for this Commission. That concludes my discussion. Chairman Gonzalez: All right, so we had a motion, and we had a second with amendments. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. Next item that is of urgency -- Vice Chairman Sanchez: I think the chief -- Chairman Gonzalez: Yes, chief go ahead, please. Chief John F. Timoney (Police): Mr. Chairman -- Chief John Timoney -- I want to thank the Commission very much for the support. Commissioner Regalado is correct, it took a long time, but think finally we're on the way, so thank you very much. Chairman Gonzalez: Thank you, sir. City ofMiami Page 35 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 DISCUSSION ITEMS DI.1 07-01077 DISCUSSION ITEM Department of DISCUSSION CONCERNING MANAGEMENT LETTER AND SINGLE Finance AUDITOR REPORT FOR FISCAL YEAR ENDED 2006 FROM EXTERNAL AUDITORS. 07-01077 Summary Form.pdf DISCUSSED Chairman Gonzalez: All right. The next item that is of urgency is the audit report, external audit report. How long is this item going to take? Diana Gomez (Director, Finance): It depends on how many questions the Commission might have. Chairman Gonzalez: All right. Ms. Gomez: I think it's a five to -- Chairman Gonzalez: Good answer. Ms. Gomez: OK. Diana Gomez, Finance director. This discussion item is presented today in accordance with the financial integrity principles, which requires that the City present to this Commission or the -- rather, that the audit -- external auditors present to this Commission the findings and recommendations of the audit. These findings and recommendations are found in the compliance reports for the period ended September 30, 2006. I have Susan Friend and Jerry Chioka, partners ofRachlin Cohen & Holtz, the external auditors of the City for the period ending September 30, 2006. Susan Friend: Hi. Good morning. You've all been provided the compliance reports for the fiscal year ended September 30, 2006. Pamela E. Burns (Assistant City Clerk): Excuse me. We need your name -- Chairman Gonzalez: You need to speak in the mike. Ms. Burns: -- for the record, please. Ms. Friend: Susan Friend and Jerry Chioka. Chairman Gonzalez: Go ahead. Ms. Friend: The compliance report document contains the required reports and this is the manner in which the findings from the auditors are, in fact, communicated to specific parties. A brief overview of the report as to what it includes, it includes the following. There's an independent auditor's report on internal control over financial reporting and on compliance and other matters based on an audit of the financial statements performed in accordance with government auditing standards. This report does not have an auditor's opinion, but discloses if there are reportable conditions, material weaknesses, and instances of noncompliance. There's a management letter in accordance with the rules of the auditor general of the State of Florida, which is a required communication to the Florida Auditor General, and it covers specific items. There's also an independent auditor's report on compliance and internal controls over compliance applicable to each major federal awards program and state financial assistance project. The opinion issued in this report was an unqualified opinion indicating that the City City ofMiami Page 36 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 complied in all material aspects with the requirements applicable to each major program, federal and state program. There's a schedule of expenditures offederal awards and state financial assistance projects, and this schedule details all federal and state award expenditures. There are notes to that schedule. There's a -- then, finally, there's a summary schedule of prior audit findings, which details all prior audit findings and the status of those findings as of the fiscal 2006 year-end and then there's the current year schedule of findings and question costs, which reports all financial statement findings, federal award program findings, and state financial assistant project findings. In the report on internal control over financial reporting and on compliance and other matters, we reported eight reportable conditions. I would just like to define what a reportable condition is. It involves matters coming to our attention relating to significant deficiencies in the design or operation of the internal control over financial reporting that, in our judgment, could adversely affect the City's ability to initiate, record, process, and report financial data consistent with the assertions of management in the financial statements. Of the reportable conditions included in the document, five were considered to be material weaknesses. A material weakness -- definition -- that's a reportable condition in which the design or operation or -- of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements caused by error or fraud and amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned funchons. The reportable conditions that we reported that we considered to be material weaknesses pertain primarily to the internal control over financial reporting, specifically regarding accounts payable andjournal entries which were required to be proposed by the auditors to ensure that the financial statements were fairly stated. There are material weaknesses regarding the financial records in closing process, grant accounting and reimbursements, capital assets, and accounts payable. Additionally, in the financial statement findings, there was an instance of noncompliance reported, which pertained to an excess of expenditures over budget in one of the special revenue funds, which was the Fire -Rescue fund. Regarding the report on compliance and internal control over compliance applicable to the major federal award programs and state financial assistance projects, we reported four instances of reportable conditions, three of which were considered material weaknesses. The reportable conditions that were considered material weaknesses pertain primarily to the schedule of expenditures offederal awards and state assistance projects, which was prepared City Finance Department personnel. The schedule did not initially properly report all federal and state awards. The reconciliation process pertaining to grant programs whereby the claims for reimbursement that were submitted were not reconciling to the underlying accounting documents, and then there was an instance where there were three separate sub -recipient invoices under the UASI grant, which is the Urban Area Security Initiative grant, where invoices were paid twice, and the City was reimbursed twice by the State. We also reported several instances of noncompliance in this report, and these findings pertain primarily to the way in which the City request reimbursements prior to dispersing funds to recipients and the improper recording of reimbursements for the recipients. Jerry Chioka: You have any questions, we'll be happy to respond. Chairman Gonzalez: My question is is there any of these reportable conditions serious conditions or is standard type of conditions that are reported in different audits? Mr. Chioka: In all audits of municipalities, you're going to have certain reportable conditions or material weakness. Some of these are material weaknesses that should be immediately resolved and put to bed. Chairman Gonzalez: All right. Mr. Chioka: These are -- I guess what we have is examples of way to improve the financial recording, and quite frankly, there were a lot in other different cities, so this is a requirement that we have to bring to you. There's nothing here that cannot be resolved with some effort, but City ofMiami Page 37 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 not a lot of effort. Chairman Gonzalez: That's what's important. Mr. Chioka: Yeah. Chairman Gonzalez: I'm not an auditor. I -- my career was very intensive in accounting, andl know that in every audit that you do, you're going to find something, and that's the reason to have an audit, to find the deficiencies and then take the corrective action to cure the deficiencies. Are we doing that? Ms. Gomez: Yes, we are. Chairman Gonzalez: Are we doing that expeditiously? Ms. Gomez: We are. Chairman Gonzalez: All right. Any other questions from the Commission? Commissioner Sarnoff Were there any instances of fraud found? Mr. Chioka: Our tests didn't disclose any irregular acts or illegal acts or any fraud. Commissioner Sarnoff OK. Thank you. Chairman Gonzalez: Any further questions? Ms. Burns: Sir, we need your name for the record, please. Mr. Chioka: I'm sorry. Jerry Chioka, Rachlin Cohen Holtz, Miami, Florida. Chairman Gonzalez: Thank you very much. Have a good morning. Commissioner Sarnoff Thank you. Chairman Gonzalez: We don't need -- Ms. Gomez: Thank you. Chairman Gonzalez: -- to take any action on this item -- Ms. Gomez: No. It's just -- Chairman Gonzalez: -- correct? Ms. Gomez: -- a discussion. Pedro G. Hernandez (City Manager): No. Chairman Gonzalez: All right. Ms. Gomez: Thank you. DI.2 07-01188 DISCUSSION ITEM City ofMiami Page 38 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Office of the City DISCUSSION OF SETTLEMENT OFFER FROM FEILER & LEACH, P.A., Attorney TO SETTLE THE CASE OF JUAN AGUIRRE V. CITY OF MIAMI, CASE NO.: 04-23205-CIV-HIGHSMITH, IN THE AMOUNT OF $150,000, INCLUSIVE OF FEES AND COSTS. 07-01188 Cover Email.pdf DISCUSSED Discussion on the item resulted in the resolution below: (DI.2) 07-01188a RESOLUTION City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO OFFER AND THE DIRECTOR OF FINANCE TO PAY, IF OFFER IS ACCEPTED, FEILER & LEACH, P.L., ON BEHALF OF JUAN AGUIRRE, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $80,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF JUAN AGUIRRE VS. CITY OF MIAMI, IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA, CASE NO: 04-23205-CIV-HIGHSMITH UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0548 Chairman Gonzalez: DI. 2, settlement -- Jorge L. Fernandez (City Attorney): Yes. Chairman Gonzalez: -- of Juan Aguirre. Mr. Fernandez: Mr. Chairman, Commissioners, I'm very pleased to inform that at the last Commission meeting, we had an item in front of you that I was duty bound to bring to you the proposed settlement of this case by the plaints, and we recommended against the settlement because we believe that, at the end of the day, the court would dismiss a portion of the verdict that they had originally achieved, and we were successful in that. The court has, in fact, reduced their verdict. They're still prevailing parties. They're still, I believe, entitled to a much smaller portion, and now they have made an offer to the Commission that I'm bringing to you for -- to settle the case, inclusive of attorney's fees, for $150,000. It is my consider -- andl need to bring this to you. This is their offer; I am not recommending it. I'm recommending that you reject this offer, and that, instead, you authorize me to convey to the plaintiffs an offer of what I believe to be fair and equitable, given everything that has happened in this case, of 100, 000. Chairman Gonzalez: All right. Is there a motion on the --? City ofMiami Page 39 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Commissioner Sarnoff A motion for discussion. Chairman Gonzalez: Motion for discussion -- Commissioner Regalado: Second. Chairman Gonzalez: -- and second. You're recognized. Commissioner Sarnoff Mr. City Attorney, who's the City attorney involved in this case? Mr. Fernandez: Ms. Turin. Commissioner Sarnoff Thorn? Mr. Fernandez: Mimi Turin. Commissioner Sarnoff Turin, Turin. I just want to commend Ms. Turin for her discussions with me on this case and the fire and the belly that she has in her passion for this case. You're in front of the best judge in the Southern District ofMiami -- of Florida, excuse me -- Shelby Highsmith, and she said he was going to get it right, and he did get it right. I would like to modify the amount that you're looking for, and bring it down to $80, 000. I think this judge is going to understand that the gravamen of this plaintiffs case was taken away by this judge , and he is one of the few judges that I know of in the federal system that actually look at the result the plaintiff got, not from the jury, but from the judgment, andl think he will reduce the hourly amount of time based on the work employed to get the result, not the hopeful result, so I'd like to modify your position and give you 80,000 in authority, up to. Mr. Fernandez: That would be -- Vice Chairman Sanchez: Is the -- Mr. Fernandez: -- fine. Vice Chairman Sanchez: -- motion on the -- just for the point of clarification -- I just walked in - - table is to reject DI -- Commissioner Sarnoff Yes. Vice Chairman Sanchez: -- 2? OK. Chairman Gonzalez: Yes. Mr. Fernandez: To reject the plaintiffs offer -- Vice Chairman Sanchez: Oh. Mr. Fernandez: -- of 150, and then to other -- counteroffer, if it were, from this Commission, with a counteroffer of $80, 000. Vice Chairman Sanchez: Commissioner Sarnoff, does -- you're the maker of the motion. Is there a second, Madam Clerk? Commissioner Regalado: Second. City ofMiami Page 40 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Pamela E. Burns (Assistant City Clerk): Yes, there was. Vice Chairman Sanchez: OK. Chairman Gonzalez: All right. There is a motion, and there is a second. Any further discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City ofMiami Page 41 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 PART B Chairman Gonzalez: All right. We're ready to go to Planning and Zoning. Mr. City Attorney, would you read the procedure for Planning and Zoning section? Jorge L. Fernandez (City Attorney): Mr. Chairman, Commissioners, P&Z (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. Staff will then describe their request, whether it's an appeal, special exception, vacation, text amendment, zoning change, land use change, or MUSP (Major Use Special Permit), and make its recommendation. Immediately after staff makes that presentation, the appellant or the petitioner, as the case may be, will present their position to the Commission. The appellee, if applicable, will then take its turn and present its position. Members of the public will be permitted to speak on certain petitions. The petitioners may ask questions of staff or of the other side, and all of those questions need to be addressed through the Chair, and then, at conclusion, the appellant or the petitioner will be permitted to make the concluding remarks or final comments. The issue that needs to be addressed by the Chair and establish clearly upfront is the time that the Commission will allocate to the applicant or petitioner, the same amount will then be given to the party in interest responding, and then besides that, you'll also then need to set the time limits for members of the public to speak. Having established that, you're ready to proceed. Chairman Gonzalez: All right. Time established for attorneys on both sides of each item will be equal, and we will love to try to limit it to five minutes on each side. General public will be allowed two minutes on every item, so having said that, we're ready to start with the -- we need to swear the witnesses or the people that are going to testify. Vice Chairman Sanchez: Swear them in. Chairman Gonzalez: Madam City Clerk. Pamela E. Burns (Assistant City Clerk): Excuse me. For those of you who plan to provide testimony today, would you please stand and raise your right hand? The Assistant City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues Ms. Burns: Thank you. Please be seated. Chairman Gonzalez: Thank you. PZ.1 04-00081x RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY DENYING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 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 City ofMiami Page 42 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 PROPERTY LOCATED AT APPROXIMATELY 3650 NORTHWEST 36TH STREET, 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 THE ISSUANCE OF A BUILDING PERMIT, 2) IRRESPECTIVE OF THE REDUCTION REQUESTED THROUGH THIS APPLICATION, AND PURSUANT TO SECTION 917.10 OF THE ZONING ORDINANCE, ALL RESIDENTS SHALL BE ASSIGNED AT LEAST ONE SPACE WITHOUT CHARGE, 3) APPLICANT SHALL PROVIDE NOT LESS THAN 229 PARKING SPACES. 04-00081x Analysis.pdf 04-00081x ZB Zoning Map.pdf 04-00081x Aerial 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 04-00081x Appeal 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 04-00081x CC 09-27-07 Fact Sheet.pdf 04-00081x-Submittal-2007 Carryover Allocation Agreement.pdf Motion by Chairman Gonzalez, 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-07-0544 Direction by Commissioner Spence -Jones to the City Manager and the City Attorney to come back to the City Commission with legislation and/or information regarding creation of criteria for parking waivers on affordable housing projects. Chairman Gonzalez: All right. First item is PZ.1. Is anybody here representing PZ.1 ? Mr. Lavernia, good morning. Roberto E. Lavernia (Chief of Land Development, Planning): Good morning, Commissioners. Chairman Gonzalez: Go ahead, sir. Mr. Lavernia: For the record, Roberto Lavernia, with the Planning Department. PZ.1 is an appeal of a Zoning Board decision. It was a special exception that Planning recommend approval with conditions. The applicant accept the Planning conditions, but the Zoning Board City ofMiami Page 43 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 impose an extra condition to provide an extra level of parking and that's what the applicant is appealing today. Thank you. Chairman Gonzalez: All right. Tony Recio: Good morning, Mr. Chair -- Chairman Gonzalez: Good morning. Mr. Recio: -- members of the Commission. For the record, my name is Tony Recio, with law offices at 2525 Ponce [sic] Boulevard. I'm here representing Pinnacle Plaza, Ltd (Limited), which is a subsidiary ofPinnacle Housing Group. I'm here with Mitch Friedman ofPinnacle Housing. We all recognize that the City's in dire need of affordable housing and more units are requested. This is really a condition that was imposed by the Zoning Board That's what we are appealing, and it relates to providing additional parking. That parking costs money, and that's money that could be pushed into a new development, and that's what this is all about today, OK. I will be very brief in describing the development. It's 132 units of affordable housing. It's on the corner of 37th Avenue and Northwest 36th Street, across from Miami Jai Alai. It's qualified for $14 million in funding from the State of Florida. We'll submit this for the record, the carryover agreement. Chairman Gonzalez: How many parking spaces you're going to have? Mr. Recio: We've got 194 parking spaces for 132 units. It's -- we requested a waiver of 71 spaces. That's about 27 percent. When the Zoning Board reviewed it, despite our testimony that it was really unnecessary parking, the Zoning Board decided to split the difference. Instead of giving us the 71 units -- 71 spaces, they reduced it by 35 spaces. That 35 spaces, the additional 35 spaces that we would have to provide here, amounts to -- at 20,000 -- approximately $20, 000 per space, you're talking about $700,000. Just seed money for a new development is about two million, so this 700,000 is about a third of a whole new project, a whole new development at another location in the City, additional affordable housing units. That's what really this comes down to. Chairman Gonzalez: All right. Let me tell you. This project is in my district, and let me tell you. I'm very, very reluctant to approve waivers on parking because in certain areas, parking is a tremendous, tremendous need, but due to the fact that this project is located where it is, on 36th Avenue and 36th Street there is nothing happening in that neighborhood and in that area, and nothing has happened there for the last, I guess, 20 years, that I have been working in that community, especially at night there is plenty of places where to park around Miami Jai -Alai. In the '70s -- even in the '70s, when the Jai -Alai was very active, you could find parking everywhere around Miami Jai -Alai, so that's the only reason that I'm willing to make an exception on this building. Also, being the fact that it's going to be an affordable housing project. Another fact is that this is going to trigger, I believe, other development on 36th Street that has been dead for the last 15, 20 years. We haven't seen anything happening on 36 Street. How soon are you going to be able to start -- Mr. Recio: January -- Chairman Gonzalez: -- breaking ground or building this project? Mr. Recio: -- of 2008. Chairman Gonzalez: January 2008. Mr. Recio: Yeah. That's our target date. City ofMiami Page 44 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Chairman Gonzalez: All right. Commissioner Sarnoff Mr. Chairman. Chairman Gonzalez: Well, let me open it to the public first because -- all right. This is a public hearing. It's in Allapattah. Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street. Chairman Gonzalez, I would urge you to stick to your initial reluctance to allow this parking variance. These'll be working-class families that will move into these buildings. These working-class families often have two or more working members of those families, and they will more than likely get to work by car. We have to think long-term, even though the area may not be congested now; we never know what the future may bring. Again, I urge you to deny this variance. This company does the same thing at each and every building they put up. Chairman Gonzalez: All right. Mr. Cruz: The Parking Authority is very unhappy with this trend. Please, deny this variance. Chairman Gonzalez: Thank you. Mr. Cruz: Thank you. Chairman Gonzalez: Anyone else from the public? Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Commissioner Sarnoff. Commissioner Sarnoff Mr. Chairman, I'm -- this is more in general regarding parking variances. I don't know your district, and will defer to you on your district. This looks like deja vu to me, whether it's something that came up from you, not even -- I think it was three commissions ago, three Planning and Zoning commissions ago, where we continuously keep reducing parking. There is no long-term outlook for any kind of mass transit in the City of Miami, mainly because the County has decided that they're not looking towards us. If we continue this trend whether it's giving away parking downtown or allowing, in the name of affordable housing -- and it seems like that's the catchword right now, which is affordable housing, because it was the big scare in 2005, and certainly now 2006 and 2007 that housing costs have gone skyrocketing. I will equally say to you just wait five more minutes, because there will be a lot more affordable housing in the City ofMiami -- Chairman Gonzalez: Yep. Commissioner Sarnoff -- very shortly. The trends and the condominiums reductions are dramatic and drastic, and if we continue, in the name of affordable housing, to allow parking waivers or other waivers, we're not building a livable and sustainable city in the future, but don't particularly know your district, I don't particularly know where this is going. I will defer to you on this, but I just call to each of our attentions that this is a bad trend There is no trend in people getting out of their cars. I mean, hopefully, they'll all drive smart cars, and we can double our parking overnight, but that that's probably a ways away, as well, so I just want to bring that out to the Board. I want to make sure that I want to go on record as saying, I think we're setting a dangerous precedent. Commissioner Spence -Jones: Mr. Chairman. Chairman Gonzalez: I happen to agree with you -- City ofMiami Page 45 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Vice Chairman Sanchez: For the record, the gavel has been passed. Mr. Chairman, you're recognized for the record. Chairman Gonzalez: -- in general, andl have denied don't know how many parking waivers, and as a matter offact, right on 17th Avenue and 18th Street, I lost a project because I didn't want to approve a waiver, and people got mad, and they decided not to build. Another project that we had the same situation was on Northwest 15th Avenue and about 23rd Street. They also got upset because I denied the parking waiver. This is a complete different scenario. This area, so you have an idea, back in the '80s, late '80s, in the beginning of '90s, there was Johnny and Mack right on 36th and 36. They went out of business. The properties is contaminated and has been sitting there for ages. We had another company, a roofing company, on the corner of 7 -- 37 and 36, also left the area. What has been happening here is that a lot of businesses have been leaving the area, and it's been going in a decay, and this is an opportunity to start revitalizing the area. Miami Jai -Alai is not the same Miami Jai Alai that was 25 years ago. You go by at night, they -- barely see anybody going to Miami Jai -Alai, and that's the reason why I'm, you know, tend to make this exception on this particular project, but that doesn't mean, for those that are listening and that are watching, don't raise your hopes because, you know, that doesn't mean that I'm going to start giving away parking everywhere in my district. That isn't going to happen. Commissioner Spence -Jones: Mr. -- Vice Chairman Sanchez: Commissioner Spence -Jones, you're recognized. Commissioner Spence -Jones: Yes, Mr. Chairman. Chairman Gonzalez, I definitely support you on your project that's happening in your district. I just wanted to at least address the City Attorney real fast regarding this issue of parking, because this is something that does keep coming up and a lot of time, it is -- lot of times, it is centered around affordable housing projects. I think most of the projects that were funded last year came from -- were actually in District 5 or either in your district, andl -- but we both know that we have a serious issue of housing or a lack of housing in our areas, and these projects happening are beneficial for the residents that we serve. As a matter offact, if I'm not mistaken, I mean, I know Commissioner Sarnoff made mention of you know, what's happening now with, you know, all of the condos in downtown and everywhere else, and how this affordable issue is going to become a question even with those major luxury condos and stuff that are being built, but regardless of how much those things get reduced, the people that we serve, sir, could never afford to buy them, because by the time we dealt -- they dealt with the insurance and the maintenance fees associated with it, they could never afford to live in any of those units, so for us, we do have a mandate to make sure that we provide support to those that clearly don't have the ability to afford those type of rentals, so in my district alone, I've had seven or eight of these issues, and I'm glad that I have a lot of housing being built in District 5 because of it, but I did ask the Administration or the City Attorney to come back to us to bring us some information or put together some sort of ordinance on this issue of reduced parking when it comes to affordable housing. I'm not saying that it needs to be a blanket thing, but I've gone to three different openings for major affordable housing projects, by the way, that stay full all the time, meaning residents. You can't even get into any of these units, and they have two rows of parking, two garage rows of parking unfilled People are not using them, and this is just not on one case, Pinnacle, and, you know, Carlisle, all of them have the same issues, so ifI had a choice to take $700, 000 and use it toward something, personally, I would prefer to use it toward units or providing more amenities or services to the residents that I serve, so on this instance, I just want to make sure -- andl asked for this about -- at least about four months ago to come back or bring some information on what kind of legislation that could be introduced regarding the issue of affordable housing and the parking issue. This does not make sense -- there are some instances where I totally agree. I mean, I think Pinnacle had a project not too long ago that Commissioner Sarnoff has thought to bring up, and as a matter of fact, we made some concessions on that, andl was very strong on the fact that, you know, City ofMiami Page 46 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 regardless of what the situation is it would create some undue pressure to the residents surrounding that area because the neighborhoods were very -- it was a very tight neighborhood, and the concessions were made to accommodate that, but at the end of the day, I think that we need to start listening also to the trends that are happening, and if you have people that are building garages were you have two rows of garage space and nobody's using them, it's a waste. It's a waste of everyone's money, so I would just like to direct the City Manager to please come back to us -- or City Attorney to come back to us with something regarding this issue of affordable housing and the parking -related issue, so ifI can ask Ms. Chiaro to work on that for us and bring that to us, I would greatly appreciate that. Maria J. Chiaro (Assistant City Attorney): Yes, and let me just clarify what I think you're asking us to look -- Commissioner Spence -Jones: Sure, no problem. Ms. Chiaro: -- at. Right now any waiver of the amount of parking required comes -- the authority to request the waiver comes to the City Commission, regardless of the amount of spaces, so what we -- andl discussed this with staffjust briefly right now -- are thinking is that had -- we could include some objective criteria for minimum waivers that would be clear to the staff and those waivers would be granted through a -- maybe a Class I Permit and not have to come to the City Commission. After -- at a certain amount, it would have to come to the City Commission, but to have some objective criteria on waivers. Commissioner Sanchez. Vice Chairman Sanchez: No, no, no, no. Just I've been informed by the City Clerk, we don't have a motion and a second. Is there a motion and a second for the record? Chairman Gonzalez: I'll make a -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- motion. Vice Chairman Sanchez: The motion has been made by the Chair, second by Commissioner Spence -Jones. I think we've debated the -- Chairman Gonzalez: OK. Vice Chairman Sanchez: -- item -- Chairman Gonzalez: The motion is to grant the appeal. Vice Chairman Sanchez: Yes. Commissioner Spence -Jones: Yes. Vice Chairman Sanchez: OK. Before we do that, it is a public hearing. Anyone from the public Chairman Gonzalez: I already open it to the public and close it. Vice Chairman Sanchez: I apologize. For the record, the -- it has been opened to the public. It comes back to the Commission. No further discussion. It's a motion to grant the appeal. Chairman Gonzalez: Grant the appeal. City ofMiami Page 47 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Vice Chairman Sanchez: All right. Chairman Gonzalez: It's a resolution of the City ofMiami Commission, with attachments, denying or granting the appeal, and I'm moving to grant the appeal. Vice Chairman Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." I believe that, for the record, there was one "nay"? Commissioner Sarnoff No. I said aye, and the reason I said aye is 'cause I defer to him in his district. He -- Vice Chairman Sanchez: OK. Commissioner Sarnoff -- knows this neighborhood better than I. Vice Chairman Sanchez: Madam Clerk, it passes, 5/0. Ms. Chiaro: And we will -- Mr. Recio: Thankyou very much. Chairman Gonzalez: Thank you. Commissioner Spence -Jones: Thankyou. Ms. Chiaro: -- bring that -- Chairman Gonzalez: Thank you, Commissioner Sarnoff. Commissioner Spence -Jones: I just want to make sure, Mr. Chairman, that we're clear that -- Ms. Chiaro: And we -- Commissioner Spence -Jones: -- please make sure you put that on the record so I get that information. Ms. Chiaro: Yes, ma'am. PZ.2 06-02095 ORDINANCE TO BE DEFERRED BY ADMINISTRATION TO A DATE TO BE DETERMINED First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CODE OF ORDINANCES OF THE CITY OF MIAMI TO ADOPT A NEW ZONING CODE TO BE KNOWN AS THE "MIAMI 21 CODE" TO APPLY IN THE AREA GENERALLY DESCRIBED AS THE EAST QUADRANT AND MORE SPECIFICALLY DEPICTED IN EXHIBIT A, "MIAMI 21 ATLAS," ATTACHED HERETO, INCLUDING DEFINITIONS, GENERAL PROVISIONS TO INCLUDE THE ADOPTION OF THE MIAMI 21 City ofMiami Page 48 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 ATLAS FOR THE EAST QUADRANT, REGULATIONS GENERAL TO ZONES, STANDARDS AND TABLES, REGULATIONS SPECIFIC TO ZONES, SUPPLEMENTAL REGULATIONS, PROCEDURES AND NONCONFORMITIES, AND THOROUGHFARE GUIDELINES; REPEALING ORDINANCE NO. 11000 AS APPLICABLE TO REPLACE IT WITH THE MIAMI 21 CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. 06-02095 - PAB Miami 21.pdf Miami21Document 03-16-07.pdf 06-02095 PAB Reso.PDF 06-02095 Miami River Commission Comments.pdf 06-02095 CC Legislation (Version 2).pdf 06-02095 Exhibit A - (Miami 21 Atlas - June 2007).pdf 06-02095 Exhibit B - (Miami 21 Code - June 2007).pdf 06-02095 CC FR 06-28-07 Fact Sheet.pdf 06-02095 Submittal Brickell West Study.pdf 06-02095 Submittal by Mayor's Off. Letter Dept. of Comm. Affairs.pdf 06-02095 Submittal Letter Miami River Commission.pdf 06-02095 Submittal Letter -Brenda K. Newman.pdf 06-02095 Submittal Letter -Judith Sandoval.pdf 06-02095 Submittal Letter -Robert Mayor.pdf 06-02095 Submittal Letter -Sam Poole.pdf 06-02095 Submittal Miami neighborhood United.pdf 06-02095 Submittal Petition for bldg. height limits.pdf 06-02095 Submittal Upper Eastside Miami Council Reso..pdf 06-02095 Submittal Village Council Reso..pdf 06-02095 Submittal-AIA Miami American Institute of Architects.pdf 06-02095 Submittal -Barbara K. Bisno.pdf 06-02095 Submittal -Bennet Pumo.pdf 06-02095 Submittal -Community Benefits Coalition.pdf 06-02095 Submittal-Daniella Levine Statement.pdf 06-02095 Submittal-McDowell.pdf 06-02095 Submittal -Miami 21 Fact V Reality.pdf 06-02095 Submittal -Support Preservation of Historic Royal Palms.pdf 06-02095 Support Letters for T6-36-60 Brickell West Area.pdf 06-02095 0425-Presentation-City Commission -June 28 07.pdf 06-02095 Submittal BRICKEL VILLAGE WEST Study 06-02095 Submittal Economic Impacts on Historic Preservation.pdf 06-02095 CC FR 09-27-07 Fact Sheet.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: Unanimously found the draft "Miami 21" Eastern Quadrant to be consistent with the Miami River Corridor Urban Infill Plan, subject to conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on April 18, 2007 by a vote of 7-2. *See supporting documentation. City ofMiami Page 49 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 PURPOSE: This will adopt a new zoning code entitled, "Miami 21 Code," for the East Quadrant of the City of Miami. INDEFINITELY DEFERRED Chairman Gonzalez: All right. PZ.2, 3, 4, 5, 6, and 7 are being deferred by the Administration. Pedro G. Hernandez (City Manager): Yes -- Chairman Gonzalez: Is that for -- Mr. Hernandez: -- Mr. Chairman. Chairman Gonzalez: -- the second meeting in October or --? Mr. Hernandez: No. It's to a time or a date to be determined. Chairman Gonzalez: OK. Pamela E. Burns (Assistant City Clerk): So -- excuse me -- that would be indefinitely deferred? Chairman Gonzalez: Indefinitely. Mr. Hernandez: Yes. Ms. Burns: Indefinitely deferred. Thank you. PZ.3 07-00826zt ORDINANCE First Reading TO BE DEFERRED BY ADMINISTRATION TO A DATE TO BE DETERMINED AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO DELETE, IN ITS ENTIRETY, ARTICLE 7, ENTITLED, "HP HISTORIC PRESERVATION OVERLAY DISTRICTS," AND PROVIDING FOR CERTAIN PROVISIONS OF SAID ARTICLE TO BE INCORPORATED IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "HISTORIC PRESERVATION," BY PROVIDING DEFINITIONS AND ESTABLISHING PROVISIONS FOR (1) "TRANSFER OF DEVELOPMENT RIGHTS FOR HISTORIC RESOURCES;" A PROCESS WHEREBY OWNERS OF HISTORICALLY SIGNIFICANT PROPERTIES OR NON-CONTRIBUTING PROPERTIES WITHIN THE MIAMI MODERN ("MIMO")/BISCAYNE BOULEVARD HISTORIC DISTRICT MAY SELL BASE UNUSED DEVELOPMENT RIGHTS; (2) REQUIRING BENEFIT FROM SUCH TRANSFER TO BE USED FOR FUTURE IMPROVEMENTS AND MAINTENANCE OF ORIGINATING HISTORIC PROPERTIES; (3) AN ELIGIBILITY PROCESS FOR HISTORIC RESOURCES WHEREBY THOSE PROPERTIES NOT YET LOCALLY DESIGNATED MAY QUALIFY FOR THE TRANSFER OF DEVELOPMENT PROGRAM, (4) A MONITORING PROCESS TO INSURE COMPLIANCE WITHIN THE TRANSFER OF DEVELOPMENT RIGHTS PROCESS; (5) CREATING A TRACKING SYSTEM WITHIN THE City ofMiami Page 50 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 BUILDING PERMIT PROCESS THAT LIMITS CAPACITIES FOLLOWING THE SALE OF THE DEVELOPABLE TRANSFER RIGHTS SUBJECT TO THE APPLICABLE PROVISIONS OF THE ZONING ORDINANCE AND THE MIAMI 21 CODE; (6) WAIVERS AND EXCEPTIONS FOR LOCALLY DESIGNATED HISTORIC RESOURCES; AND (7) NOMINATIONS TO THE NATIONAL REGISTER OF HISTORIC PLACES; MORE PARTICULARLY BY AMENDING SECTIONS 23-1 THROUGH 23-9 OF SAID CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00826zt Legislation (Version 1).pdf 07-00826zt FR 06-28-07 Fact Sheet.pdf 07-00826zt FR 09-27-07 Fact Sheet.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will delete Article 7 from Zoning Ordinance No. 11000, as amended, to provide for certain provisions of the Article to be incorporated in the Code of the City of Miami, and amend Chapter 23 of the Code of the City of Miami by providing definitions and establishing provisions for transfer of development rights. INDEFINITELY DEFERRED [For minutes related to Item PZ.3, please see Item PZ.2.] PZ.4 06-00366zt ORDINANCE TO BE DEFERRED BY ADMINISTRATION TO A DATE TO BE DETERMINED First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 21, SECTION 2105.4, IN ORDER TO ENSURE THIS SECTION APPLIES TO OCCUPANCY AND USE OF LAND; AND BY AMENDING SECTION 2105.5, SPECIFICALLY, BY ENACTING A NEW SUBSECTION 2105.5, ENTITLED, "INTERIM PROTECTION MEASURES PROVIDING FOR ZONING IN PROGRESS AS TO APPLICATIONS FOR DEVELOPMENT PERMITS, AS DEFINED HEREIN, UNDER ORDINANCE NO. 11000 WHEN ORDINANCE NO. 11000 IS IN THE PROCESS OF BEING REPLACED BY A NEW ZONING CODE;" PROVIDING FOR INTENT; NOTIFICATION; INTERIM PROTECTION MEASURES; APPLICATIONS FILED PRIOR TO NOTIFICATION; EXEMPTIONS; AND SCOPE; AND FURTHER AMENDING SECTION 2107 TO PROVIDE THAT CERTIFICATES OF OCCUPANCY GRANTED IN ERROR DO NOT AUTHORIZE VIOLATIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 51 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 06-00366zt-ZIP (4-18-07).pdf 06-00366zt-ZIP April 4 (Workshop).pdf 06-00366zt - PAB Backup - April 5, 2006.PDF 06-00366zt and 05-00658zt-ZIP March 1 2006 Draft Version 1 (Workshop).pdf 06-00366zt - PAB Supporting Documentation - March 21, 2007.pdf 05-00658zt-ZIP May 31 2006 Draft -Version 2 (Workshop).pdf Sample -City of Miami Ordinanance Chapter 13 by DPZ.pdf Sample -Village of Key Biscayne ZIP and Moratoria.pdf Sample -City of Fort Myers Land Regulation Chapter 25.pdf 06-00366zt PAB Reso.PDF 06-00366zt CC Legislation (Version 2).pdf 06-00366zt CC FR 06-28-07 Fact Sheet.pdf 06-00366zt CC FR 09-27-07 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 April 18, 2007 by a vote of 6-3. PURPOSE: This will enact a new section 2105.5, which provides for interim protection measures implementing zoning in progress for a defined and finite interval of time during the pendency of the adoption of a new zoning code. INDEFINITELY DEFERRED [For minutes related to Item PZ.4, please see Item PZ.2.] PZ.5 07-00828zt ORDINANCE TO BE DEFERRED BY ADMINISTRATION TO A DATE TO BE DETERMINED First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING CHAPTER 62, ENTITLED, "ZONING AND PLANNING," TO CREATE NEW ARTICLE XII, ENTITLED, "ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; SPECIAL PERMIT REQUIRED," TO ALLOW FOR THE ZONING ADMINISTRATOR TO AUTHORIZE CERTAIN TEMPORARY USES AND OCCUPANCIES AND SET FORTH PROVISIONS FOR CLASS I SPECIAL PERMITS; MORE PARTICULARLY, BY CREATING NEW DIVISION 1, ENTITLED, "CLASS I SPECIAL PERMITS," CONSISTING OF SECTIONS 62-501 THROUGH 62-512; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-00828zt Legislation (Version 1).pdf 07-00828zt Table Attachment to Legislation.pdf 07-00828zt FR 06-28-07 Fact Sheet.pdf 07-00828zt FR 09-27-07 Fact Sheet.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of City ofMiami Page 52 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will create a new Article XII in the Code of the City of Miami to allow for the Zoning Administrator to authorize certain temporary uses and occupancies and set forth provisions for Class I Special Permits. INDEFINITELY DEFERRED [For minutes related to Item PZ.5, please see Item PZ.2.] PZ.6 07-00830zt ORDINANCE TO BE DEFERRED BY ADMINISTRATION TO A DATE TO BE DETERMINED First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY (1) DELETING ARTICLE 14, ENTITLED, "CLASS I SPECIAL PERMITS; DETAILED REQUIREMENTS," IN ITS ENTIRETY AND PROVIDING FOR SAID PROVISIONS TO BE INCORPORATED IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AND (2) AMENDING ARTICLE 13, ENTITLED, "SPECIAL PERMITS; GENERALLY," TO DELETE REFERENCES TO CLASS I SPECIAL PERMITS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-00830zt Legislation (Version 1).pdf 07-00830zt Table Attachment to Legislation.pdf 07-00830zt FR 06-28-07 Fact Sheet.pdf 07-00830zt FR 09-27-07 Fact Sheet.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will delete Article 14 in Zoning Ordinance No. 11000, as amended, to provide for certain provisions to be incorporated in the Code of the City of Miami, and amend Article 13 to delete references to Class I Special Permits. INDEFINITELY DEFERRED [For minutes related to Item PZ.6, please see Item PZ.2.] PZ.7 07-00834zt ORDINANCE TO BE DEFERRED BY ADMINISTRATION TO A DATE TO BE DETERMINED AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING First Reading City ofMiami Page 53 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY DELETING ARTICLE 8.1, ENTITLED, "TREE PROTECTION," IN ITS ENTIRETY; FURTHER, AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING NEW ARTICLE IV TO CHAPTER 17, ENTITLED, "ENVIRONMENTAL PRESERVATION/TREE PROTECTION," BY PROVIDING FOR INTENT AND PURPOSE; DEFINITIONS, APPLICABILITY, PERMIT APPLICATIONS, REQUIREMENTS, REVIEW AND FEES, CRITERIA AND CONDITIONS FOR TREE REMOVAL, RELOCATION, REPLACEMENT, AND PROTECTION, AND APPEALS AND APPELLATE FEES; ENFORCEMENT, PENALTIES AND REMEDIES; MORE PARTICULARLY BY ADDING NEW SECTIONS 17-100 TO 17-110 TO CHAPTER 17; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-00834zt Legislation (Version 1).pdf 07-00834zt Table Attachments to Legislation.pdf 07-00834zt FR 06-28-07 Fact Sheet.pdf 07-00834zt FR 09-27-07 Fact Sheet.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will delete Article 8.1 in Zoning Ordinance No. 11000, as amended, and amend the Code of the City of Miami by adding a new Article IV to Chapter 17, entitled, "Environmental Preservation/Tree Protection." INDEFINITELY DEFERRED [For minutes related to Item PZ.7, please see Item PZ.2.] PZ.8 05-01049mm RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE VILLA PATRICIA PROJECT, TO BE LOCATED AT APPROXIMATELY 234-42 NORTHEAST 79TH STREET, 7811, 7815, 7823, 7827 AND 7831 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, TO CONSTRUCT A MULTI -PHASE PROJECT WITH STRUCTURES OF APPROXIMATELY 111 FOOT, 12 STORY, 129 FOOT, 14 STORY AND 93 FOOT, 10 STORY HIGH BUILDINGS TO BE COMPRISED OF APPROXIMATELY 339 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 1,300 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 2,207 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 254 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 City ofMiami Page 54 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 AN EFFECTIVE DATE. 05-01049mm - PAB Item 3 backup informatiom.pdf 05-01049mm PAB Reso.PDF 05-01049mm CC Legislation (Version 2).PDF 05-01049mm CC Exhibit A.pdf 05-01049mm CC Exhibit B.pdf 05-01049mm CC Fact Sheet.pdf 05-01049mm Outside Cover.PDF 05-01049mm Inside Cover.PDF 05-01049mm Table of Contents.PDF 05-01049mm I. Project Information.PDF 05-01049mm I.A. Letter of Intent.PDF 05-01049mm I.B. Major Use Special Permit Application.PDF 05-01049mm I.C. Approvled Major Use Special Permit Resolution No. 05-0642.PDF 05-01049mm I.D. Zoning Write-Up.PDF 05-01049mm I.E. Zoning Atlas and Land Use Maps.PDF 05-01049mm I.F. Project Data Sheet.PDF 05-01049mm I.G. Warranty Deeds.PDF 05-01049mm I.H. Ownership List.PDF 05-01049mm I.I. State of Florida Documents.PDF 05-01049mm I.J. Owner's Authorization Letter.PDF 05-01049mm I.K. Directory of Project Principals.PDF 05-01049mm II. Project Description.PDF 05-01049mm III. Tab 1. Minority Construction Employment Plan.PDF 05-01049mm III. Tab 2. Traffic Impact Analysis.PDF 05-01049mm III. Tab 3. Site Utility Study.PDF 05-01049mm III. Tab 4. Economic Impact Study.PDF 05-01049mm III. Tab 5. Survey of Property.PDF 05-01049mm III. Tab 6. Drawings Submitted.PDF LOCATION: Approximately 234-42 NE 79th Street, 7811, 7815, 7823, 7827 and 7831 NE 2nd Avenue [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): N. Patrick Range, Esquire, on behalf of BHG-79th St. LLC, Villa Patricia Phase II, LLC and Villa Patricia Phase III, LLC, Lessees and Lubins Development Corp., Owner FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on July 18, 2007 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow the substantial modification of the Villa Patricia project. Motion by Vice -Chairman Sanchez, 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 City ofMiami Page 55 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 R-07-0545 Chairman Gonzalez: All right. PZ.8. Roberto E. Lavernia (Chief of Land Development, Planning): Yes, sir. PZ.8 is a substantial notification to a previously approved Major Use Special Permit for the Villa Patricia. Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. PZ.9. Roberto E. Lavernia (Chief of Land Development, Planning): PZ.9 is the Major Use Special Permit for the Courthouse Center Parking Garage. It's going to be a parking garage at -- Chairman Gonzalez: I'm sorry. I'm sorry. I have to go back. PZ.8. Commissioner Spence -Jones: Is a -- Vice Chairman Sanchez: Public -- Chairman Gonzalez: Anyone from the public wants to speak on PZ.8? Seeing none, hearing none, PZ.8 is closed. We already voted on it. PZ.9 07-00933mu 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 COURTHOUSE CENTER PARKING GARAGE PROJECT, LOCATED AT APPROXIMATELY 240 NORTH MIAMI AVENUE, MIAMI, FLORIDA, TO CONSTRUCT A MIXED -USE STRUCTURE COMPRISED OF A PARKING GARAGE STRUCTURE WITH APPROXIMATELY 314,089 SQUARE FEET OF PARKING FLOOR AREA; APPROXIMATELY 4,043 SQUARE FEET OF RETAIL FLOOR AREA; AND APPROXIMATELY 40,878 SQUARE FEET OF OFFICE FLOOR AREA. THE BUILDING STRUCTURE WILL HAVE A MAXIMUM HEIGHT OF APPROXIMATELY 169 FEET A.M.S.L. AT TOP OF BUILDING FEATURE. THE PROPOSED PROJECT WILL PROVIDE A TOTAL OF 852 PARKING SPACES OF WHICH 5 PARKING SPACES WILL BE FOR RETAIL USE, 31 PARKING SPACES WILL BE FOR OFFICE USE, AND 816 PARKING SPACES WILL BE AVAILABLE TO THE GENERAL PUBLIC; 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 56 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Item #5-07-00933mu - 09-05-07 PAB.pdf 07-00933mu Courthouse Garage Supp. Info - 09-19-07 PAB.pdf 07-00933mu CC Legislation (Version 2).PDF 07-00933mu CC Exhibit A.pdf 07-00933mu CC Exhibit B.pdf 07-00933mu CC Fact Sheet.pdf 07-00933mu Outside Cover.PDF 07-00933mu Inside Cover.PDF 07-00933mu Table of Contents.PDF 07-00933mu I. Project Information.PDF 07-00933mu I.A. Letter of Intent.PDF 07-00933mu I.B. Major Use Special Permit Application.PDF 07-00933mu I.C. Zoning Write-Up.PDF 07-00933mu I.D. Zoning Atlas.PDF 07-00933mu I.E. Project Data Sheet.PDF 07-00933mu I.F. DeedReal Estate Property TaxesCharter.PDF 07-00933mu I.G. Ownership List.PDF 07-00933mu I.H. State of Florida Documents.PDF 07-00933mu I.I. Directory of Project Principals.PDF 07-00933mu II. Project Description.PDF 07-00933mu III. Supporting Documents.PDF 07-00933mu III. Tab 1. Minority Construction Employment Plan.PDF 07-00933mu III. Tab 2. Traffic Impact Analysis.PDF 07-00933mu III. Tab 3. Site Utility Study.PDF 07-00933mu III. Tab 4. Economic Impact Analysis.PDF 07-00933mu III. Tab 5. Boundary Survey.PDF 07-00933mu III. Tab 6. Drawings Submitted.PDF 07-00933mu PAB Reso.PDF LOCATION: Approximately 240 N Miami Avenue [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Arthur Noriega, Executive Director, on behalf of the Miami Parking Authority FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Pending recommendation on September 19, 2007. *See supporting documentation. PURPOSE: This will allow the development of the Courthouse Center Garage project. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0546 Chairman Gonzalez: All right. PZ.9. City ofMiami Page 57 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Roberto E. Lavernia (Chief of Land Development, Planning): PZ.9 is going to be the Courthouse Center Parking Garage at 240 North Miami Avenue, and will be comprise by structure of 314,000 square feet of parking floor area, 4,043 square feet of retail, 40,878 square feet of office. The building structure will have a maximum height of 179 feet of height at top of the building feature, and the proposed project will provide a total of 852 parking spaces, which five will be dedicated to the retail use, 31 for the office use, and then 816 parking spaces to serve the needs of the general public. Vice Chairman Sanchez: All right. Mr. Lavernia: Planning Department is recommending approval with condition 11, ifyou want me to put it on the record? Vice Chairman Sanchez: Please put the condition on the record. Mr. Lavernia: Pursuant to design -related comment received by the Planning director, the applicant shall meet the following condition: Architecture (a) provide details of how the proposed screening material along the north and south facade will be attached to the building structure, and (b) the monotony of the elevation needs to be broken up in order to improve them as they are viewed from Northwest 2nd and 3rd Street (consider the use of alternative screening material at the north and south elevation). However, when it went to PAB (Planning Advisory Board), PAB add an extra condition. Vice Chairman Sanchez: What is that condition? Mr. Lavernia: Which is addition to shade tree to landscape plan, subject to Planning director approval, and the applicant agreed with that condition also, so the applicant agreed with all the condition, the Planning and the PAB condition. Vice Chairman Sanchez: All right. Applicant. Alejandra Argudin: Good morning. Alejandra Argudin, 190 Northeast 3rd Street, with Miami Parking Authority. Good morning, Commissioners. Today we're here to respectfully request your approval of our MUSP (Major Use Special Permit) application for the Courthouse Center Garage project, also known as Municipal Garage Number 1. The current structure is over 50 years old and has exceeded -- met and exceeded its life expectancy. It currently has 515 parking spaces, which is completely filled to capacity, with no room for expansion. The new garage will consist of 852 parking spaces; 4,100 square feet of retail on the bottom floor; it will have 6,100 square feet of office space between the second and third floor liner units, each with 6,100 square feet, and the top floor will have 20,000 square feet of office space. The increase of parking inventory at the new facility will help alleviate the parking demand that's going to be created by the courthouse -- the federal courthouse that's going to be opening right across the street and other construction projects in the area. The project, we feel, will be a cornerstone for this section of the Central Business District. With us today we have Jim Ebert, from Timothy Haas, who's going to be further explaining the design of this project. Vice Chairman Sanchez: Sir, state -- James Ebert: Good morning. My name is James Ebert. I'm with the firm of Timothy Haas & Associate ofMiami, and we are the architects and engineers for this facility. Is there a portable mike? Vice Chairman Sanchez: Yes, sir. City ofMiami Page 58 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Mr. Ebert: A real quick recap of where the project is located. This is the existing federal courthouse. This aerial view was maybe taken about a year ago. This is the existing garage that's on the site, known as Gl. The proposed structure, as Alex described, is across 3rd Street, which is here. This is Miami Avenue; north is at this direction. There is a parking facility, as she said, for 850 spaces. It contains liner space along 3rd Street of approximately 15,000 square feet of office for rental purposes. The upper level contains about 28,000 square feet of office space, approximately half of which is anticipated to be the new location for the Miami Parking Authority. In addition, at the ground level, there's a reception area where people can come in for the Miami Parking Authority to buy permits and various things like that. Additionally, on the second and third level -- or excuse me. At the lower level, both on 3rd Street and 2nd Street, there is retail space of approximately 4,000 square feet. Any questions on where we are? A pretty good landmark when you're across from the courthouse. This rendering was developed to give you a better view. This is standing in the corner ofMiami Avenue and Northwest 3rd Street, looking to the southwest. One of the items that PAB (Planning Advisory Board) requested that we delineate a little more, the screens on the north and south sides, and how they're attached. Structurally, the screens have a notice of approval from the Miami -Dade County for structural and wind load and things like that. This is occupied space behind these liner panels up to -- Commissioner Sarnoff Could you -- Mr. Ebert: -- approximately 38 to 40 feet. Commissioner Sarnoff -- stop and --? Because I was going to ask you the conditions placed by the Planning Advisory Board, as well as Administration. What are they intending on doing? What design change will that look like? Mr. Ebert: They wanted more delineation of how the screens would be symmetrical from north side to the east and west. Commissioner Sarnoff In layperson's talk, what does that mean? They want it to be more pronounced? They want it to come out further? They want --? Mr. Ebert: They wanted to have more variation in a plain, flat screen. I believe that was correct. Commissioner Sarnoff And how do you propose to do that? Vice Chairman Sanchez: Exhibit -- Commissioner Sarnoff: ExhibitD. Mr. Ebert: This is a rendering of the Miami Avenue side. This is the west -- excuse me -- the east elevation. We've introduced a metal screen with some medallions at various levels. One of the requirements of the -- of Planning was that they wanted to screen vehicles, mechanical equipments, sprinklers, lights, et cetera, into the garage. However, the screening has to have a certain percentage of openings, which this does, to make it not have to have forced mechanical ventilation and opened it up like that, so we tried to vary it a little bit. The main stair towers here have glass -walled elevators to add from a security aspect. I would like to mention a couple of items that we're incorporating in the design, although they weren't particularly required by PAB, is that we are using more energy -efficient fluorescent lighting with these new compact fluorescent fixtures. It's approximately 40 percent energy cost. The entire structure is cast -in -place concrete; will contain a fly ash in the concrete mix, which is a recycled material. Commissioner Sarnoff Does -- are you going to be LEED (Leadership in Energy and City ofMiami Page 59 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Environmental Design) standards? Mr. Ebert: No. Parking garages can't get LED [sic] certified. Commissioner Sarnoff OK. Mr. Ebert: We can get points, and they can apply to adjacent development, but for example, though, the water closets in the office spaces are the dual flush variety and of the low volume. The roof has a solar resistance of 78, which I'm not quite sure what that means, but it's good because it reflects a lot of heat. We're relocating a lot of the trees on the existing site to a portion of the landscape plaza to be replanted in the future. Our landscape architect is here, and he'll talk a little bit about the amenities in the park to provide shade. Items like non-VOC (Volatile Organic Compound) compliances, you know, for admissions of things. There's green features in it, but I can't get a completely certified. We think the screen and the enhancement of the facade, again, is an amenity that will definitely blend into the area and add important parking to the area. I'd like to have our landscape architect talk just briefly on the landscape concept. Vice Chairman Sanchez: Name and address for the record. Ken Gardner: I'm Ken -- Vice Chairman Sanchez: Thank you. Mr. Gardner: -- Gardner with Rosenberg Gardner Design, 5190 Northwest 152nd Street, in Miami. This landscape open space is basically going to be used to tie 3rd Street down to 2nd Street and North Miami Avenue. It's going to be pavers on sand here, so they'll have the permeability issue taken care of coming down here and through swooping patterns all the way down to 2nd Street. It's also going to tie onto North Miami Avenue, so it'll be a way through the space. It'll -- it's meant to be used. Swooping curves and then mounding in between -- in the insets of these curbs -- curves to reflect the curves and just make it a nice overall experience. As Jim alluded to earlier, there are a lot of palms on the site that what we're doing is we're taking -- we're storing onsite, maintaining until a time where they can be replanted back into their final configuration, and we have a lot of shade and oaks. We're using a tremendous amount of native species on this site, and all this will help provide shade for these plazas as you move through it, paved areas. Commissioner Sarnoff How many trees are you saving? Mr. Gardner: Are we saving? I believe it was 17. I can check right here. Commissioner Sarnoff And these are full-grown, full-fledged oak trees? Mr. Gardner: We're -- there are only two decent shade trees, oak trees on site. We're saving both of those, and then relocating them back to the corner here. I think there is 11 thrinax palms, which are of decent size, andl think six washingtonia palms, which are -- all the palms are very good size and the oaks are really a nice quality. We feel confident we'll be able to transplant them. Commissioner Sarnoff The ones that you're saving, right? Mr. Gardner: The ones we're saving. Commissioner Sarnoff And what size trees are you putting in for your cover, your shade cover? City ofMiami Page 60 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Mr. Gardner: All right. The oaks are going to be 14 to 16 feet tall, 7 to 8 foot spread, so it's a decent size tree. Commissioner Sarnoff What size dbh (diameter at breast height), what caliber? Mr. Gardner: Four inch, approximately. Commissioner Sarnoff Four -inch caliber? Mr. Gardner: Yes. Commissioner Sarnoff OK. Mr. Gardner: And we're also using some small native trees in there, and we're also specking those a good size, 10 to 12 feet tall, and those will be, again, used here to accentuate these curves, and these lighter ones are the thrinax palms, which are going to be relocated from site, and then again, there's a tremendous amount of natives and decent -size material. Commissioner Sarnoff OK. Vice Chairman Sanchez: All right. Are you done with your presentation? Mr. Gardner: Yes. Vice Chairman Sanchez: All right. Commissioner Sarnoff Is the Miami Parking Authority -- can I just speak to you a second? Ms. Argudin: Sure. Commissioner Sarnoff Mr. Vice Chair, I apologize. Vice Chairman Sanchez: You're recognized for the record. Commissioner Sarnoff You're asking for 14,000 square feet. Could you fit into 10,000 square feet? Ms. Argudin: No, andl spoke to my executive director, as well, and we right now are currently - Commissioner Sarnoff Is that because his office is 2,000 square feet? Ms. Argudin: It's -- the -- right now the square footage of our office is about close to 13,000 square feet. We're planning for expansion, as well, and he's always thought -- we don't work in the best working environment. We are underground, as you know, and he's always thought -- for over twenty -something years -- that this is our one chance when we redevelop one of our facilities to move our offices, and this is the one chance we're getting to do that, so -- Commissioner Sarnoff In other words, you're saying a well -configured 10,000 square feet would not suffice? Ms. Argudin: He -- we don't believe so. Right now -- where we're at right now, we don't -- we're already tight and we're planning to expand. Commissioner Sarnoff Yeah, but you certainly don't have a well -configured anything right now City ofMiami Page 61 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Ms. Argudin: Right. No. That place is really not well -- Commissioner Sarnoff -- andl agree -- Ms. Argudin: -- you're absolutely right. Commissioner Sarnoff -- you guys certainly -- you're one of the -- you're certainly a government entity that needs to have better space than you have; I'm not disputing that, but I just question whether 10,000 square feet -- that's $100,000 to the citizens ofMiami if you just rented it out at $25 a square foot, and the building of this design, I -- it would seem very plausible, so I'm just asking could a size 6 shoe go in a size five and a half, you know -- it won't fit? Ms. Argudin: And we haven't built out the space yet, but we'll absolutely take that into consideration when we do. We did talk about that in length, so we will take that into consideration because you're absolutely right, the way you configure the space may make a big difference. Commissioner Sarnoff OK. Vice Chairman Sanchez: Commissioner Regalado. Commissioner Regalado: HI -- Vice Chairman Sanchez: Before we do that, do we have a motion on this item? Pamela E. Burns (Assistant City Clerk): No, we do not. Commissioner Sarnoff I think we did a motion for discussion. Vice Chairman Sanchez: Huh? Commissioner Sarnoff No? Ms. Burns: No, we do not. Vice Chairman Sanchez: All right. Let's have a motion and a second, and then -- Commissioner Sarnoff I'll do a motion. Vice Chairman Sanchez: Motion by -- Commissioner Sarnoff -- for discussion. Vice Chairman Sanchez: -- Commissioner Sarnoff. Commissioner Regalado: Second. Vice Chairman Sanchez: Second by Commissioner Regalado. Commissioner Regalado, you're recognized for discussion. Commissioner Regalado: Thank you. You said 80 -- 800 -- Ms. Argudin: Fifty-two, 852 spaces. City ofMiami Page 62 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Commissioner Regalado: And how many do we have in the area now, in that old building? Ms. Argudin: Fred Bredemeyer from our office, operations director. Fred Bredemeyer: Good morning. Fred Bredemeyer, Miami Parking Authority, deputy executive director. Alex's counterpart. The number of spaces -- you'd have to define the area, please, because -- Commissioner Regalado: Around the courthouse. Mr. Bredemeyer: Well, across the street from where this project is being developed, there are approximately 550 spaces that we manage for the FEC (Florida East Coast) Corradina Group, so that's a large chunk of the available supply. Other competing facilities in the area immediately west of this garage is a parking lot that has about 125 spaces, and then the other spaces in the area are designated for the courthouse and to the south of this facility. Commissioner Regalado: So that would add more than 300? Mr. Bredemeyer: Yes, it's approximately net of about 300 spaces. Commissioner Regalado: On the area, which I think is -- it's important to say that I guess that I don't know the -- your marketing, but I think that everybody complains about downtown in terms of having no parking, and I will tell you that, in my family, I have attorneys that have to go to the federal court and it's very difficult for them to find parking in that area, and actually, they have to park several blocks away because they cannot find parking, so I guess that -- one of -- you know, everybody is asking, well, what should we do about downtown? Well, I guess parking and cheap parking is the only solution, so I think that all the questions about design are very relevant and important because that's going to be there like for the next 30 to 40 years, and it -- the area will grow, but having parking and parking that can compete with the Civic Center or any major shopping center that we have in the area is the only way for downtown to come out of the situation that it is now, so a gain of 300 parking think is important. About the office -- well, you know, it's also important to have offices. Miami Parking Authority needs that, but the question is what is happening then to the old offices that Miami Parking Authority has in the -- on Northeast 2nd? Ms. Argudin: Well, currently there has been interest from the college to possibly move there. Their -- we'll either lease out the space -- there's several options that we have not looked at yet, but we're looking into now. Commissioner Regalado: So you will be renting that? Ms. Argudin: Right, we can. Commissioner Regalado: OK. Vice Chairman Sanchez: No further discussion. It is a public hearing. Anyone from the public wishing to address PZ.9, which is a resolution, please step forward and be recognized. Yes, sir. Good morning. State your name and address for the record. C.D. Flash: C.D. Flash, Wall Flower Gallery, 10 Northeast 3rd Street. I'm interested to see the plans. Is that possible? Vice Chairman Sanchez: Sure. Take a look at them. City ofMiami Page 63 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Mr. Flash: And when is this actually going to happen? Vice Chairman Sanchez: When is this going to happen? Mr. Flash: Theoretically. Vice Chairman Sanchez: Well, ask all the questions through the Chair; that's me at this time. Would -- Ms. Argudin: We're planning -- Vice Chairman Sanchez: -- when would this happen? Ms. Argudin: -- we would like to demolish by the end of the year, and it will take about 18 to 20 months -- 20 -- 18 to 24 months to build, so at the end of 2009. Mr. Flash: What about the buildings that are already there? Is it -- are you leveling the whole block? Ms. Argudin: No, no, no. Vice Chairman Sanchez: No, no. Ms. Argudin: It's only the existing parking structure. Mr. Ebert: These existing buildings, which are not owned by the Authority; they own a L-shaped piece like this -- those existing buildings are remaining, and they -- everything stays except the parking garage. Mr. Flash: Is there -- Vice Chairman Sanchez: All right. Mr. Flash: -- a public viewing, like a plan that I could show the neighborhood potentially? Vice Chairman Sanchez: Well, this is it. Mr. Flash: For those neighbors who are working, is there any way to get it --? Vice Chairman Sanchez: I'm sure they'll work with you, and they'll give you more information so you could pass along to your neighbors. Mr. Flash: OK. Vice Chairman Sanchez: Absolutely. Mr. Ebert: And we could make these boards available at the Parking -- Ms. Argudin: Absolutely. Mr. Ebert: -- Authority's offices, which are just, you know, two blocks down -- Ms. Argudin: We'll get your contact information after the hearing -- Mr. Flash: OK. Thank you. City ofMiami Page 64 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Ms. Argudin: -- I'll call -- I'll give it to you. Vice Chairman Sanchez: All right. Thank you. Anyone else 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. There is a motion and a second. Maria J. Chiaro (Assistant City Attorney): Mr. Chairman, and does the motion include the PAB recommendations? Vice Chairman Sanchez: I believe so. Ms. Argudin: Yes. Mr. Gardner: Yes. Commissioner Sarnoff Yes, with the recommendations -- Ms. Chiaro: Thank you. Commissioner Sarnoff -- of PAB, along with Planning. Vice Chairman Sanchez: For the record, with the recommendations by PAB. All right. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 4 -- Ms. Argudin: Thank you. Vice Chairman Sanchez: -- 0. Mr. Ebert: Thank you very much. PZ.10 07-00388xc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, CONDITIONAL PRINCIPAL USES (4), TO ALLOW A MEDICAL OFFICE WITH APPROXIMATELY 5,812 SQUARE FEET, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3065-67 WEST FLAGLER STREET, MIAMI, FLORIDA; SUBJECT TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED; SUBJECT TO THE FOLLOWING CONDITIONS: 1) THE PROPOSED FACILITY SHALL BE LIMITED TO OUTPATIENTS ONLY WITH NO OVERNIGHT STAY; 2) A COMPLETE NEW LANDSCAPE PLAN, WITH SPECIFICATIONS, INCLUDING IRRIGATION AND ILLUMINATION MUST BE SUBMITTED FOR REVIEW AND APPROVAL BY THE PLANNING DEPARTMENT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS; AND 3) PLAN OF THE EXISTING AND PROPOSED FACADES, SIGN SPECIFICATIONS AND PAINT COLOR SAMPLES SHALL City ofMiami Page 65 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 BE SUBMITTED FOR THE REVIEW AND APPROVAL BY THE PLANNING DEPARTMENT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS. 07-00388xc Analysis (OLD).pdf 07-00388x Zoning Map.pdf 07-00388x Aerial Map.pdf 07-00388x Application & Supporting Docs.pdf 07-00388x Plans (OLD).pdf 07-00388xc Plans - Modified.pdf 07-00388x ZB 04-23-07 Fact Sheet.pdf 07-00388xc ZB 07-09-07 Fact Sheet.pdf 07-00388xc ZB Reso.PDF 07-00388xc CC Analysis.PDF 07-00388xc CC Legislation.PDF 07-00388xc Exhibit A.pdf 07-00388xc CC Fact Sheet.pdf LOCATION: Approximately 3065-67 West Flagler Street [Commissioner Tomas Regalado - District 4] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Yolanda Galarraga FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. ZONING BOARD: Recommended approval with conditions* to City Commission on July 9, 2007 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow a medical office. Motion by Commissioner Regalado, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0547 Vice Chairman Sanchez: PZ.10. Chairman Gonzalez: PZ -- Vice Chairman Sanchez: PZ.10. Chairman Gonzalez: --10. Roberto E. Lavernia (Chief of Land Development, Planning): PZ.10 is a special exception in order to have a medical office at 3065 and 67, West Flagler Street. The Planning Department is recommending approval with condition, and the Zoning Board recommend approval with that condition. The condition of the Planning Department are, number 1, the proposed facility shall be limited to outpatients only with no overnight stay; number 2, a complete new landscape plan, with specifications, including irrigation and illumination must be submitted for review and approval by the Planning Department prior to the issuance of any building permit; and number 3, plan of the existing and proposed facade, sign specifications and paint color sample shall be submitted for the review and approval by the Planning Department prior to the issuance of any City ofMiami Page 66 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 building permit. Thank you. Chairman Gonzalez: All right. Commissioner Regalado: I move it for discussion. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have a second. Anyone from the public that wants to speak on this item, please come forward to be recognized. Seeing none, hearing none, public hearing is closed; comes back to the Commission for discussion. Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. I think it's important that they have those conditions, andl would move to approve with the condition of the Planning Department and the Zoning Board also recommendation, so -- Chairman Gonzalez: All right. We have a motion, and we have a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. PZ.11 06-00829Iu1 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CONSIDERING, BY LEAVE OF ADMINISTRATIVE COURT, AN AMENDMENT TO ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND AMENDING ORDINANCE NO. 12920 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 399 NORTHEAST 82ND TERRACE, MIAMI, FLORIDA, FROM "MEDIUM -DENSITY MULTIFAMILY RESIDENTIAL" TO "DUPLEX RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 06-008291u1 City Attorney Memorandum.pdf 06-008291u1 Land Use Map.pdf 06-008291u1 Aerial Map.pdf 06-008291u1 Order Granting Continuance.pdf 06-008291u1 Court's Motion.pdf 06-008291u1 FR Legislation (Version 1).pdf 06-008291u1 Exhibit A.pdf 06-008291u1-Submittal-Amy Condon E-mail.pdf LOCATION: Approximately 399 NE 82nd Terrace [Commissioner Michelle Spence -Jones - District 5] REQUESTOR: Jorge L. Fernandez, City Attorney, on behalf of the City of Miami PURPOSE: This will change the above property to Duplex Residential in accordance with the Stipulated Settlement Agreement. City ofMiami Page 67 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 WITHDRAWN Chairman Gonzalez: PZ.11 is a second reading. It is an ordinance. Maria J. Chiaro (Assistant City Attorney): Mr. Chairman, this item is by way of a settlement for a lawsuit that was filed pursuant to an action by this City Commission. On May 24, the City Commission approved a project, which included a change in zoning and a change in land use. We are here today to settle the -- subsequent to your approval, there was a challenge to the project by the property -- some property owners nearby. The -- we're here today because the property owners and the developer have entered into an agreement that, if this City Commission would take its approval of the land use portion and reduce the density of the land use to lower than the City Commission approved, then the parties would agree and the lawsuit would then -- Chairman Gonzalez: All right. Ms. Chiaro: -- go away. Chairman Gonzalez: All right, so this is a second reading. That -- this was voted on already on the first reading. Is there anyone from the public that wants to speak on this item, PZ.11, please come forward. Tucker, good morning. Tucker Gibbs: Good morning. My name is Tucker Gibbs, at law offices at 215 Grand Avenue in Coconut Grove, andl represented the plaintiffs in the matter, and we did come into a settlement agreement that the neighbors endorsed. The neighbors proffered the settlement agreement to the developer, who accepted that settlement agreement, and you all voted for it on first reading. We think this is something that's important for the neighborhood, because what happened, just to refresh your memories, at the City Commission meeting, you all approved the zoning of duplex. You also approved a land use of multifamily medium density, which would allow any property owner who owned the property to rezone -- to ask for a rezoning of the property to R-3, and as you all may remember, the R-3 was a concern. My clients would have preferred an R-1, but the R-3 was the issue once the zoning went through. We didn't want a land use that would allow them to increase. That was our issue, so we went to the developer and said, would you agree -- and if you all recall, the developer had said on the record at that meeting that they would agree to a duplex land use, but they couldn't do that at the meeting, so the developer said they would agree to reduce the land use from medium density multifamily down to duplex, and we talked to the administrative law judge; he entered the order relinquishing jurisdiction to you all, and here we are. Chairman Gonzalez: All right. Vicky Garcia -Toledo: Mr. Chairman, Vicky Garcia -Toledo, with the law firm ofBilzen Sumberg. I'm joined by Eileen Mehta, my partner. We have just received a document that we don't know if it impairs the settlement that the judge has sent back to you on jurisdiction. Is there any way that we can have a few minutes so that we can go through this and see if this does damage to the settlement? Chairman Gonzalez: No. You can have five minutes. Let me go to PZ.12 then. Mr. Gibbs: Thankyou. Ms. Garcia -Toledo: Thankyou. [Later..] Chairman Gonzalez: PZ.18 [sic]. PZ.18 [sic] is the stipulation settlement agreement, 399 Northeast 82nd Terrace. That's your item. City ofMiami Page 68 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Ms. Garcia -Toledo: It's 11. PZ.11. Chairman Gonzalez: Pardon me? PZ. 11, I'm sorry. Then I'm going to take PZ.18. Are we ready for PZ. 11 ? Tucker Gibbs is here. Jorge L. Fernandez (City Attorney): Yes. Item PZ.11 is -- you're calling that item now? Chairman Gonzalez: Yes, sir. Mr. Fernandez: All right. That's an item on second reading. It's an ordinance on second reading regarding a settlement between the parties to this land use change that was made, and the settlement consists in that the administrative judge has relinquished jurisdiction for this Board to consider the agreement or the settlement between the parties changing the land use designation to duplex from multifamily -- Chairman Gonzalez: All right. Mr. Fernandez: -- multi -density multifamily -- Chairman Gonzalez: All right. Mr. Fernandez: -- medium density multifamily residential. Chairman Gonzalez: Are both attorney in agreement with the settlement? Mr. Fernandez: Yes. Chairman Gonzalez: I'm sorry, Tucker. Mr. Gibbs: Yes. Chairman Gonzalez: OK. Ms. Garcia -Toledo: Yes. Chairman Gonzalez: OK. All right. Could you --? This is a public hearing. Anyone from the public that wants to speak on this item, please come forward to be recognized. Mr. Fernandez: Yes, and that -- it's -- if there is anyone from the public, this is the time for them to speak -- Chairman Gonzalez: Right. Mr. Fernandez: -- but at which time the parties would have a statement to make on the record. Chairman Gonzalez: All right. Good. Let me have the public -- Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street. Eileen Mehta: Excuse me, Mr. Chairman. I apologize. I apologize to you, to the Commission. I have no alternative but to interrupt. Under our very narrow, limited jurisdiction from the administrative law judge and under our stipulated settlement agreement, if anyone appears, we have the right -- "we" meaning the interveners in the case -- to withdraw our consent to the stipulated settlement agreement. City ofMiami Page 69 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Mr. Fernandez: That's -- Ms. Mehta: We hereby withdraw our consent. Under the order of the administrative law judge, your jurisdiction at this point ceases. It automatically goes back to the Department of Administrative Hearings. Thank you. Mr. Gibbs: So -- Chairman Gonzalez: Mr. -- Pamela E. Burns (Assistant City Clerk): Excuse me -- Mr. Gibbs: -- what that means -- Chairman Gonzalez: -- City Attorney, what do I -- Ms. Burns: We need your name -- Chairman Gonzalez: -- do? Ms. Burns: -- for the record to -- ma'am. Ms. Mehta: Oh, I'm sorry. My name is Eileen Mehta of Bilzin Sumberg, and the address -- Do you need the address? -- 200 South Biscayne Boulevard, Miami. Mr. Fernandez: Yes. That is absolutely correct. This Commission has absolutely nothing else to hear on this matter. You have been deprived ofjurisdiction by the withdrawal of the party according to the agreement entered into and approved by the administrative judge. You may proceed to your next item on the agenda. Mr. Gibbs: Thank you -- Chairman Gonzalez: All right. Mr. Gibbs: -- anyway. Chairman Gonzalez: Thank you. Mr. Cruz: Mr. Chairman, may I make a -- Chairman Gonzalez: All right. No. Mr. Cruz: -- comment, please? Chairman Gonzalez: It's -- Mr. Fernandez: No. Chairman Gonzalez: -- done, finished. Mr. Cruz: OK. PZ.12 06-01433zc ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Second Reading City ofMiami Page 70 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 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 06-01433zc CC SR 09-27-07 Fact Sheet.pdf 06-01433zc-Submittal-DOT Permit and MDC Approvals.pdf 06-01433zc-Submittal-64 Park Place Project -Support. pdf 06-01433zc-Submittal-Map. pdf 06-01433 zc-Submittal-Louis Bourdeau Support Letter. pdf 06-01433 zc-Submittal-E-mail from Bayside Foliage. pdf 06-01433zc-Submittal-Notice of Public hearing.pdf 06-01433zc-Submittal-Support Letters. pdf LOCATION: Approximately 621-625 and 645 NE 64th Terrace [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Adrienne F. Pardo, Esquire, on behalf of Grec Luis Development, Ltd., Contract Purchaser, and Grec/Luis II, Ltd. and Terra Urbana, Ltd., Owners FINDINGS: 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. City ofMiami Page 71 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 12944 Chairman Gonzalez: PZ.12 is an ordinance. Roberto E. Lavernia (Chief of Land Development, Planning): 12 and 13 are companion items -- Chairman Gonzalez: OK. Mr. Lavernia: 12 is a zoning change, and the -- 13 is the special exception for the -- in order to Lucia Dougherty: Mr. Chairman. Mr. Lavernia: -- have parking -- Chairman Gonzalez: Yes, ma'am. Ms. Dougherty: My partner's away, and know that she's looking for her architect. Could you just put this off for a couple of time -- for a couple -- Unidentified Speaker: She's here. Ms. Dougherty: -- of minutes? Oh, nevermind. Thanks. Chairman Gonzalez: They're here? Mr. Lavernia: For the zoning change -- Chairman Gonzalez: Hello? They're here? Adrienne Pardo: I am. Mr. Lavernia: -- this is the second reading, and -- Ms. Pardo: You know what? Mr. Lavernia: -- it has been several times in front of Commission. Chairman Gonzalez: Yeah. Ms. Pardo: I could wait till the next item. I just have to get my boards. If you want to take the next item, and if could just be heard right after the next one? I have my boards, but I just don't want to hold you up. Chairman Gonzalez: You need to be ready. Vice Chairman Sanchez: This ain't Burger King. Ms. Pardo: OK. City ofMiami Page 72 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Chairman Gonzalez: All right. PZ.13. Commissioner Sarnoff Same item. Mr. Lavernia: 13 is companion item, so we're -- Chairman Gonzalez: Companion item. Mr. Lavernia: -- postponing both. [Later..] Chairman Gonzalez: Ms. Pardo, what's your item number, 13? Ms. Pardo: Thank you very much. Items 12 and 13 -- Chairman Gonzalez: Twelve. Ms. Pardo: -- companion items. Chairman Gonzalez: Go ahead. You're recognized. Item 12. Mr. Lavernia: I already present item 12; it's the zoning change. Item 13 is a special exception. Chairman Gonzalez: It's a second reading. I don't know -- Mr. Lavernia: It's a second -- Chairman Gonzalez: -- what the delay has been, but anyways, all right, go ahead. Mr. Lavernia: It was request of the Commission that they have to work with FDOT (Florida Department of Transportation) regarding the access of the street. The applicant is supposed to inform you what the results of that is. Chairman Gonzalez: That should be simple. Comply with the Commissioner's request or you're done. Ms. Pardo: Hello. My name is Adrienne Pardo, with law offices -- Mr. Cruz: Point of order. Ms. Pardo: Oh, I'm sorry. Mr. Cruz: Mr. Chairman, I have a point of order. This item is for a zoning change, which, as you know, will run with the land. It's completely independent of any project that may or may not be built. I would object to these applicants showing any project. This discussion should be about the zoning change on the land only. Chairman Gonzalez: Madam City Attorney -- Mr. Cruz: Thank you. Chairman Gonzalez: -- we have an attorney expressing an objection to the item. Maria J. Chiaro (Assistant City Attorney): You will be taking separate votes on the items. You City ofMiami Page 73 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 may consider, however, the -- both items together so that you can make your determination on the zoning change in perspective. Chairman Gonzalez: But did you hear my question? Vice Chairman Sanchez: Point of order from the public. Ms. Chiaro: You may consider -- Commissioner Sarnoff Are you going to tender a covenant? Chairman Gonzalez: He's objecting to -- Ms. Pardo: What? Ms. Chiaro: Yes. Commissioner Sarnoff Are you willing to tender a covenant? Ms. Chiaro: You may look at them, but you need -- Ms. Pardo: You can? Ms. Chiaro: -- to take -- Commissioner Sarnoff You can? Ms. Chiaro: -- separate votes. Chairman Gonzalez: All right. Ms. Chiaro: The zoning change is indeed, as Mr. Cruz said, independent, but -- Chairman Gonzalez: Very good. Go ahead. Ms. Pardo: Hello. My name is Adrienne Pardo, with law offices at 1221 Brickell Avenue. I was requested to obtain FDOT and Dade County approval with regards to having the street made two-way, and we did obtain that approval. We have stamped plans, and we'll turn that in for submittal, andl can either do this on the rezoning separately, and then the special exception, however this Commission pleases. IfI could just get direction? Commissioner Sarnoff Why don't you just do it together? Ms. Pardo: OK. Commissioner Sarnoff But if you're willing to tender something, I'd like to hear the tender. Ms. Pardo: Yes. I will address the tender first. At a prior Commission meeting, this item was approved unanimously at first reading, and we were also instructed that we needed to get FDOT and Miami -Dade County approval. Within record -breaking time, we submitted plans. The engineer submitted plans, andl have, for the record -- we have plans that are stamped and signed off by both those agencies so that we can make this street two-way. The concern was our project is -- this is the property right here that we're talking about, the SD-12 overlay, and this street, Northeast 64th Terrace is one-way, one-way going east, and we have an entrance into our building right here, so we were instructed -- Commissioner Sarnoff was concerned with City ofMiami Page 74 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 commercial traffic having to go through this multifamily R-3 residential district, so what we did is we submitted plans and they approved that the first 70 feet will be two-way, right where our entrance into the building is for the commercial, so that when the cars come in, they will immediately go into the building, and that when the cars exit, they will make a right turn and they will go onto Biscayne Boulevard, so therefore, with regards to our SD-12 overlay, it's an overlay. It's not a zoning change, and we're not going to change any of the underlying use for this particular neighborhood, and we have neighborhood support. I have somebody here. I've got lots of petitions to submit into the record, so it would -- so we can proffer. I think this proffer would have to be tied to the special exception that we will do the construction for this two-way prior to the CO (Certificate of Occupancy) for the building, and that should go on the special exception, or the Law Department -- Commissioner Sarnoff Just -- for the way it's ordinarily done with us -- Ms. Pardo: -- can suggest -- Commissioner Sarnoff -- are you saying that this building, by covenant, would be built if we made the special exception? Ms. Pardo: No, I can't covenant to you this building will be built. I can covenant to you that if we pull a building permit for the actual building, that we will complete the construction of the two-way prior to the CO, because you don't know with financing or anything else, but let me -- can I just add one other thing? With regards to an SD-12 overlay, the important thing here is on an SD-12 overlay, you've got to have a special exception with plans specifically for that property, so if you were to approve the SD-12 overlay, if we did not build the building per our plans that we have to show you, then somebody -- he could not flip the property; somebody else could not come in and build a flat parking lot or a different building. They would have to come back to this Commission with approval of a special exception, so you have your -- you know, you have your review there that they would do that, but I can't promise that the building would get built, particularly -- you know, you just can't. You don't know what would happen, but think there are plenty of safeguards with the SD-12 and the approval by the Commission on special exception plans -- Commissioner Sarnoff Let me see ifI understand this correctly. Right now he could build as -of -right by a previous Commission approval for a residential unit, correct? Ms. Pardo: He has a Class II It wasn't with Commission approval, but yes. Commissioner Sarnoff I'm sorry. Ms. Pardo: He has a building that is approved, and he had obtained Building Department review and done the construction drawings, and it looks exactly the same as this one. There's just one slight change -- difference. Commissioner Sarnoff Right, and now what he's trying to do is bring up a mixed -use facility? Ms. Pardo: Exactly, a mixed -- Commissioner Sarnoff Let me ask you with parking. How many parking spaces are available? Ms. Pardo: We have additional parking spaces. Actually, required parking is 141. This particular building is proposing 164, so we're providing additional parking, and as you probably know, in the C-1 and the R-3, it requires more parking than other districts in the City of Miami, such as the SD-5 where in the C-1 and R-3 you've got to have one parking space for every one bedroom and two spaces for every two bedroom, plus one space for every ten -- four City ofMiami Page 75 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 visitors, so it's your strictest parking, and then they're providing additional parking on top of that. Commissioner Sarnoff Would they be willing to make that parking public? Ms. Pardo: Public in what sense? Commissioner Sarnoff Well, for instance, Balans, which is a restaurant that is probably -- maybe it's 600 feet away, maybe 7 -- Ms. Pardo: It's actually at 68th. Commissioner Sarnoff Right. Ms. Pardo: Right. They have an SD-12 overlay, uh-huh. Commissioner Sarnoff Correct. Balans, which will be a huge restaurant, only has 17 parking spaces. Ms. Pardo: I think that's a great idea because since it's an office building, they could work out an agreement -- I don't know if we have to come back to you for a special exception, but since it's an office building, and technically, you're not using the parking at night, it would be a wonderful solution for Balans or any other restaurant that needs additional parking that they could lease the spaces from them. That's a great idea. Commissioner Sarnoff Well, how do I know that this will happen based on any action I take today? I'm just a mistrusting guy. Ms. Pardo: I can't promise you that would happen. I mean, the two parties have to work out an agreement. I could -- Commissioner Sarnoff What can I do today to satisfy myself that would happen? Ms. Pardo: We could proffer that we would contact Balans and ask them if this is something they would be interested in doing. You know, I could proffer you that, but I can't promise you that the two -- Commissioner Sarnoff Right. Takes two parties -- Ms. Pardo: -- parties will enter into an agreement. Commissioner Sarnoff -- so what about allowing parking to occur at night on a commercial basis so that other people could actually use parking when you're saying it's not being used by the office? I mean, it's in an unusually good spot for parking. It's at a part of the boulevard that's seeing a great deal of restoration. There's retail right across the street. There's an art gallery right across the street. Ms. Pardo: It's a great idea. Commissioner Sarnoff I understand. I love when my ideas come to fruition. How do I get it to fruition? Ms. Pardo: You approve the project today, the SD-12, the special exception; they'll move forward with their project, and -- City ofMiami Page 76 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Commissioner Sarnoff Yeah, but I'm not a trusting person. I always think as soon as we're done here, things go haywire, including by the Administration, so I want to know how can I assure myself that I've created a better parking situation ifI approve this today? Chairman Gonzalez: Madam City Attorney, can you help here? Ms. Chiaro: I'm trying to think of a way that you could create public parking, but this is a private property, so -- Commissioner Sarnoff Well, I understand, but can I put requirements on this? Ms. Chiaro: You can during the time it is -- Commissioner Regalado: It's not -- Ms. Chiaro: -- open, make it -- Commissioner Regalado: Excuse me. Ms. Chiaro: -- open to the general public. Commissioner Regalado: Excuse me, excuse me. There is a precedent, and this Commission did that. There was a doctor -- group of doctors in Coral Way and 30th Avenue that own a house on 21st Terrace, and they came to the Commission, like you did, and they ask for an SD-12. They wanted to use that house to expand the parking of the medical building, which it had little parking; now has sufficient parking. During the debate, I, as a area representative, ask and somebody who was here -- and this was three or four years ago; I'm not sure, or maybe more -- ask, well, if we approve this, would you agree to share this parking once your medical building does not have any business, which is like after 6 p.m.? There was a theater on the building next that didn't have parking over the bakery, and there was a plan for a restaurant across the street that also didn't have parking, and they agree that they would -- and they proffer that they would share the parking after-hours with the area, of course, charging something. We don't -- we didn't set the prices, but they did agree, and it has worked out perfectly, because they have been renting weekends and after 6 p.m. As a matter of fact, because of the revenue, now they can have a security guard and an employee doing parking stuff at that site, so it was a -- Chairman Gonzalez: All right. Commissioner Regalado: -- precedent; this Commission did it. I don't know if you were there, but whoever it was there from the City Attorney and the Administration did accept it, but this was like three or four years ago. Ms. Chiaro: I believe the developer has proffered that during the time that the parking is open, that the developer agrees to make the parking available to -- for public use. Commissioner Sarnoff Did hear that? I didn't hear that yet. Ms. Pardo: Yes, that we -- well, I was saying that we would do that. We would discuss with the other parties as far as entering -- reaching an agreement. Ms. Chiaro: That isn't what lsaid Commissioner Sarnoff See -- right. Ms. Chiaro: If -- I'm -- the way to accomplish public parking is during the time the parking is City ofMiami Page 77 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 open that it -- that parking would be available to the public, if the developer would agree to that. Commissioner Sarnoff Very much like what the Sonesta did here in the Grove. The Sonesta, in order to achieve their permit, if you will, had to supply a certain number of parking spaces at the effective rate that the City ofMiami provides -- at the metered rate. Now, they since haven't done a very good job of that, but nonetheless, that was the Commission's intent. Ms. Slazyk: The enforcement (INAUDIBLE). Commissioner Sarnoff In -- right. We just need to Code enforce. Chairman Gonzalez: All right. Commissioner Sarnoff Mr. City Manager, are we ever going to Code enforce? No. I'm just kidding. Ms. Pardo: We could work out a system. We could agree that after hours -- andl can meet with Zoning just to make sure if we need any additional approvals for the after-hours on the office -- but we could have that parking open for public use. It may either be through a valet system or it may be through a paid -- you know, one of those paid ticket systems, but that it would be open for the additional parking spaces, or for the office spaces that we have available. Just the office, I'm told, the office spaces, but there's a lot of office spaces. We have something like -- we're required to have -- if you give me one second, I'll tell you exactly how many office -- 84. Commissioner Sarnoff So there could be 80 -- certainly 75, or thereabouts, parking spaces could be available to the general public with a -- if I'm not mistaken, Balans, for instance, I think has over 200 outdoor seating capacity -- Ms. Pardo: Approximately, yes. Commissioner Sarnoff -- and they only have 17 parking spaces -- Ms. Pardo: Yes. They -- Commissioner Sarnoff -- so this could be a real win -win. You have the art gallery across the street. They do have some parking there, but it's -- I think it's going to be a very successful art gallery, so -- Chairman Gonzalez: All right. Ms. Pardo: I think the entire project's a win -win for the neighborhood for many, many -- Commissioner Sarnoff So -- Ms. Pardo: -- reasons -- Commissioner Sarnoff -- have you -- Ms. Pardo: -- including that one. Commissioner Sarnoff -- made that proffer? Ms. Pardo: Yes, I did make the proffer. Commissioner Sarnoff OK. I want to be clear. City ofMiami Page 78 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Ms. Pardo: OK. Chairman Gonzalez: All right. Ms. Slazyk: You can -- Commissioner Sarnoff Am I -- need -- Ms. Slazyk: -- attach that as a condition to the companion item -- Commissioner Sarnoff OK, so -- Ms. Slazyk: -- so it's more than a proffer -- Commissioner Sarnoff -- why don't we vote on it? Ms. Slazyk: -- it's a condition. Chairman Gonzalez: All right. Commissioner Sarnoff PZ (Planning & Zoning) -- which one? Ms. Slazyk: On 13. Ms. Pardo: 13. Commissioner Sarnoff 13, so I need to do it as PZ.13, as a condition. Chairman Gonzalez: So are we making a motion on 12? Commissioner Sarnoff Yeah, I'll make a motion to approve. Chairman Gonzalez: All right. We have a motion -- Commissioner Regalado: Second. Chairman Gonzalez: -- on 12 -- Commissioner Sarnoff Wait. Public hearing, sorry. Chairman Gonzalez: Pardon me? Commissioner Sarnoff The -- he wants to speak. Mr. Cruz: Is the public hearing opened? Chairman Gonzalez: Yes. Go ahead. Ms. Pardo: Can I just say, ifI need to do any rebuttal, if it's necessary, just that I have the time? That's all. Chairman Gonzalez: You have two minutes. Mr. Cruz: If could -- excuse me -- have an indulgence? I need to plug in my computer here. I City ofMiami Page 79 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 hope the decision hasn't already been made. All right. Sorry about that. Hopefully, it's worth the wait. OK. Here we go. Elvis Cruz, 631 Northeast 57th Street. I'm vice president of the Morningside Civic Association, and I'm here on their behalf. We've passed a resolution opposing this SD-12 variance. There's six reasons to deny this SD-12. Number one. This is not just the camel's nose in the tent; this is the whole camel. Let's look at the zoning map. You'll see the proposed SD-12 properties outlined in black will intrude into the residential zone, not one, not two, not three, not four, but five lots deep. Number two, the Planning Department recommended denial, saying SD-12 is not an appropriate designation and would bring parking use into a residential area. Thankyou, Mr. Lavernia, that is absolutely correct. Residential land should be considered sacred ground, free from commercial intrusions, whether in the Upper Eastside, the Roads, Model City, Shenandoah, Grapeland Heights, or Coconut Grove; Miami's residential neighborhoods should be vigorously protected Allowing SD-12 commercial parking lots five -deep into a residential neighborhood would be a terrible precedent. The Balans project, Commissioner, that you mentioned earlier, they were able to talk this body into giving them that permission by promising that they would be parking at the American Legion, and yet, the American Legion is zoned R-3, which would not allow their commercial parking. Number three, lack of public information. The agenda item in the City Web site says a covenant has been proffered, but that document was not on the City Web site for public inspection. It was not verbalized until this meeting here just now. The public has not had a chance to review that that covenant. Number four, this applicant is using backwards logic. Instead of buying land with a zoning that fits their plans or making plans that fit the zoning, the applicant makes up plans that don't fit the zoning, and then expects the City to change the zoning to fit their plans. This does not just the zoning change. They should stay within the existing zoning. Number five, there is no hardship whatsoever to just this; only a change in market conditions, which is a natural risk taken by any investor. Furthermore, they had a functioning, income producing building which they demolished. Chairman Gonzalez: Your time is up. Mr. Cruz: Well, I think that time was counting the -- Chairman Gonzalez: No. Mr. Cruz: -- when the technician was here. Chairman Gonzalez: No. We started the clock when you started with your presentation with the computer. Mr. Cruz: OK. I just have this -- Chairman Gonzalez: OK? Mr. Cruz: -- one point left. Couldl -- Chairman Gonzalez: Go ahead, do it. Mr. Cruz: -- have another 15 seconds? Thankyou, sir. Chairman Gonzalez: Move. Mr. Cruz: Number six, as City staff has said many times, the zoning runs with the land, so if the SD-12 is granted, the applicant can turn around and sell the land tomorrow, with no guarantee this project will be built, and this developer has been doing exactly that. Here is the Web page where this project has been advertised for sale. City ofMiami Page 80 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Chairman Gonzalez: All right. Mr. Cruz: In closing, please protect the public interest and deny the SD-12 overlay. Thank you. Chairman Gonzalez: All right. Commissioner Sarnoff. Commissioner Sarnoff Elvis, this -- Chairman Gonzalez: Public hearing is closed. I think open it before, andl close it, didn't I? I had opened the public hearing. Did I? Pamela E. Burns (Assistant City Clerk): I see a public hearing opened earlier. Chairman Gonzalez: And it was also closed, right? Well, it's open and closed for the second time. Yes, sir. Louis Bourdeau: I'd like to speak? Chairman Gonzalez: Go ahead. You got two minutes. Mr. Bourdeau: Hi. Louis Bourdeau, 685 Northeast 64th Street. Been about a year working with this project, and it's been quite a journey. I saw this as an opportunity. I live within 500 feet; that's how I was first notified, andl saw it as an opportunity, first, to make sure that what is proposed does get built, andl think we heard that, you know, in this process with the special exception and getting the SD-12 overlay that what was proposed here has to be built, andl saw this as an opportunity to enhance the neighborhood. We need eyes on the street, eyes on the park. We're -- we just had a crime watch meeting, and we're trying to promote having people living in the neighborhood. The other thing is I think it's a great mixed -use. We need commercial on the boulevard to enhance the Biscayne corridor, and then I saw it as an -- another opportunity to handle a safety issue. It's a one-way street coming in on 64 Terrace, and this took the longest time. As you know, it just got finalized through the -- working with the County, the City, the State to get a portion of this street made to two ways, and this allows the commercial traffic, which with the SD-12 overlay, they have to separate that commercial traffic from the residential to come back out on the boulevard, so overall, this is going to make a much safer area for our neighborhood. I like what the Commissioner just said about getting more parking. That's a big need on the (UNINTELLIGIBLE) to promote the business, andl think that's a great opportunity. Their actually going to have a level underground and at ground and one above. It's going to be contained by the residential units, so it's not going to be this hideous parking lot or anything like that, and it's going to promote the business and the, you know, economic development along the boulevard, so I'm very much in favor -- I went to 30 of my neighbors on the terrace and on 64th Street, businesses, homeowners, business owners, residents, and explained exactly what l just told you, and they're in support of it, so I really appreciate your time, andl hope you pass it. Thank you. Chairman Gonzalez: Thank you. Commissioner Sarnoff Thank you. Mr. Chair? Chairman Gonzalez: Yes, sir. Commissioner Sarnoff Just to address a couple of points. We've established that if this particular property is sold and this building is not built, that they would be coming back before us and we'd be looking at anything that would be built. Yeah, I'll go on the record. I do intend on supporting and sponsoring -- andl already have through Chapter 23 andl have done so through Miami 21 -- of a three-story limit on Biscayne Boulevard. They could build this City ofMiami Page 81 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 property as -of -right based on their Class II -- forgive me; I didn't realize it wasn't a MUSP (Major Use Special Permit) approved, but it's so small, it wouldn't need a MUSP, so you have somebody whose invested a lot of time and effort into this particular building, andl -- as a lawyer, I recognize that he has put his time, his effort into this, andl also recognize that the immediate neighbors -- and I've met with Louis and I've walked the street twice, and while, in abstract, things sound good in terms of doing reverse situations that Elvis has suggested. I don't think, in this case, it's really true. I think on this piece of property, in this locale, on this neighborhood, this project really works because it does what I can't afford to do, as we can't afford to do, which is put a public parking garage in, and all up and down Biscayne Boulevard, right now there is a $60, 000 study for a parking study all up and down the boulevard, of which we've already identified three parking garages that are needed. We can't afford three parking garages, so you're achieving a parking garage in and of itself. You know, Elvis, this is the only project that I've ever struggled with because it's think it's the right project in where I come into this project at this time. I come into this project very late. He's asking for a change to go from mixed -use -- to a mixed -use project from an all residential project. I do think that would be good for the boulevard, andl think based on the amount of time and effort the man has spent that he should be granted what he's asking for, so I'm going to move that this be -- Chairman Gonzalez: All right. There is a motion -- Vice Chairman Sanchez: Second. Chairman Gonzalez: -- there is a second. It's an ordinance. Madam -- Vice Chairman Sanchez: With -- Chairman Gonzalez: -- City Attorney, read the ordinance. Vice Chairman Sanchez: -- the conditions in the covenant. Commissioner Sarnoff For P -- right, PZ.12. Commissioner Regalado: PZ -- Chairman Gonzalez: 12. Commissioner Regalado: -- 13? Commissioner Sarnoff PZ.13 needs the conditions. Commissioner Regalado: It's a reso -- Ms. Chiaro: PZ.12. Vice Chairman Sanchez: Right. Commissioner Regalado: This is PZ.12, right? The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Ms. Burns: Roll call for PZ.12. City ofMiami Page 82 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has been adopted on second reading, 4/0. PZ.13 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 07-26-07 Fact Sheet.pdf 06-01433xc CC 09-27-07 Fact Sheet.pdf 06-01433xc-Submittal-DOT Permit and MDC Approvals.pdf 06-01433xc-Submittal-64 Park Place Project -Support. pdf 06-01433xc-Submittal-Map. pdf 06-01433 xc-Submittal-E-mail from Bayside Foliage. pdf 06-01433 xc-Submittal-Louis Bourdeau Support Letter. pdf 06-01433xc-Submittal-Notice of Public hearing.pdf 06-01433xc-Submittal-Support Letters. pdf LOCATION: Approximately 6443 Biscayne Boulevard, 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 06-01433zc. PURPOSE: This will allow a multifamily structure with a parking garage. City ofMiami Page 83 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, 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-07-0549 Chairman Gonzalez: PZ.13 is a resolution. It's a companion item. Open to the public again. No one from the public. Public hearing is closed; comes back to the Commission. Commissioner Sarnoff. Commissioner Sarnoff I'll make a motion to approve with the conditions and covenants as stated. Vice Chairman Sanchez: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. PZ.14 06-02044zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, BY AMENDING ARTICLE 6, SECTION 615 CONCERNING SD-15 RIVER QUADRANT MIXED -USE DISTRICT IN ORDER TO PERMIT PUBLIC STORAGE FACILITIES IN A BUILDING THAT IS 150 FEET OR LESS FROM A MAJOR INTERSTATE HIGHWAY BY CLASS II SPECIAL PERMIT; AND ALSO IN ORDER TO MODIFY THE AFFORDABLE HOUSING CONTRIBUTION IN THE SD-15 DISTRICT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-02044zt - PAB Fact Sheet.pdf 06-02044zt - PAB Legislation.pdf 06-02044zt PAB Reso.PDF 06-02044zt CC Legislation (Version 2) - OLD.pdf 06-02044zt CC FR Fact Sheet 01-25-07.pdf 06-02044zt CC FR Fact Sheet 02-22-07.pdf 06-02044zt CC Legislation (Version 3) - OLD.PDF 06-02044zt CC FR Fact Sheet 05-24-07.pdf 06-02044zt CC SR 09-27-07 Fact Sheet.pdf 06-02044zt CC Legislation (Version 3).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 November 15, 2006 by a vote of 5-0. See companion File ID 06-02044zt1. PURPOSE: This will permit public storage facilities within 150 feet from a major City ofMiami Page 84 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 interstate by Class II Special and will modify the affordable housing contribution in the SD-15 district. NOTE: This item was originally combined as one item with File ID 06-02044zt1. CONTINUED A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioners Regalado and Spence -Jones absent, to continue items PZ.14 and PZ.15 for 30 days, to the City Commission meeting currently scheduled for October 25, 2007. Chairman Gonzalez: PZ.14. Are people ready for PZ.14, second reading? Lourdes Slazyk (Zoning Administrator): Yes. PZ.14 is a second reading text amendment. This is the amendment for the SD-15 to allow the storage facilities in buildings 150 feet or less from a major highway by Class II This is the one where they're not allowed to have the storage on the ground floor. It's for upper floors as adaptive reuse of existing older buildings in SD-15. Chairman Gonzalez: All right. This is also a second reading. Anyone from the public on PZ.14? Anyone that wants to address the Commission on PZ.14, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. It comes back to the Commission. Is there a motion on the item? Commissioner Sarnoff Yeah, I'll make a motion for continuance for discussion. Chairman Gonzalez: All right. We have a motion. Is there a -- Vice Chairman Sanchez: Second. Chairman Gonzalez: -- second? Vice Chairman Sanchez: Second for continuance. Chairman Gonzalez: There is a second. Vice Chairman Sanchez: OK, second. Chairman Gonzalez: Discussion. Commissioner Sarnoff. Commissioner Sarnoff I would like this to be brought back -from the Administration once any and all buildings this may affect come up to compliance with zoning. A number of these buildings have illegal murals on them, and to me, they should not be coming before this Board while they have illegal structures or items on them. Ms. Slazyk: We could add a provision -- if you want to continue it, we'll bring it back for a second reading and add a provision that any application for such use shall be free of any City -- any violations from the City. Commissioner Sarnoff For a 60-day period. Ms. Slazyk: Something like that, yeah. Commissioner Sarnoff Because what happens is murals tend to go up and come down. Ms. Slazyk: Yes. City ofMiami Page 85 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Chairman Gonzalez: All right. Anything else? Commissioner Sarnoff Although, I will say this. Ms. Slazyk: Oh, you want 60 days -- Chairman Gonzalez: OK. Commissioner Sarnoff Yeah, I want to be 60 days free and clear of murals. Ms. Slazyk: All right. You want this for PZ.15 as well? Commissioner Sarnoff Correct. Ms. Slazyk: OK. Chairman Gonzalez: That will be -- Lucia Dougherty: Mr. Sarnoff, could you not do this as second reading now? Could you not include that? Commissioner Sarnoff We could, but we wouldn't. It seems to me if you come before the City with illegal items on your building, that the City shouldn't even consider it. In a court of law, you couldn't come in with any illegal -- you couldn't come in with a corporation that's not properly before you. You could not come in with your -- without your corporate fees being paid We should really establish good precedent and be a good government here that when you come before us and you have an illegal mural on your building, that we shouldn't even consider an item that may affect your building. Ms. Dougherty: Do you know --? Let me just point out something to you. This ordinance right now has no -- Commissioner Sarnoff I know it. Ms. Dougherty: -- there's no building on this -- Commissioner Sarnoff I understand. Ms. Dougherty: -- this zoning district has no building on it. Commissioner Sarnoff It has no building; it will affect two buildings in particular. Ms. Dougherty: Not this one; the next one. Commissioner Sarnoff Oh. Ms. Dougherty: OK. You still want to continue it? Could we have 30 days? Commissioner Sarnoff I'm just not as sophisticated or as good as you, so my dumminess, I just would like to make sure that everybody comes in nice and clean for 60 days. Ms. Dougherty: Could we make it 30 days? Commissioner Sarnoff You want to bargain? I was -- you know, I have written in my notes 120 days, and then I saw it was you, I got nervous, so I put 60. City ofMiami Page 86 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Ms. Dougherty: Oh, you're so sweet. Thank you. Ms. Slazyk: Do you want to add it now on the floor, or do you want to see it come back with the language? 'Cause we could put as a -- Commissioner Sarnoff My only concern is that anybody that comes before us, especially this particular one -- Vice Chairman Sanchez: Bring it back with the language. Ms. Slazyk: Yeah. Commissioner Sarnoff Right. Vice Chairman Sanchez: We'll have a full Commission. Ms. Slazyk: Well -- yeah, because these are by Class IL What I was thinking is putting language in here that no application for Class II shall be filed if, you know, with notice of violations within the 60 days prior to filing. Commissioner Sarnoff Thank you. Ms. Slazyk: So you want to come back? Commissioner Sarnoff Yes. Ms. Slazyk: OK. Chairman Gonzalez: Will come back in 60 days, right? Ms. Slazyk: 30 -- oh, we can do this in one month. We can do it in a month. The continuance, then till the October meeting, October PZ (Planning & Zoning) and we'll bring the revised language. Ms. Dougherty: Thank you very much. Commissioner Sarnoff And then she can have her second reading in 60 days. Chairman Gonzalez: All right, so -- Pamela E. Burns (Assistant City Clerk): They -- Chairman Gonzalez: -- in this case, the item will be defer -- Commissioner Sarnoff It worked out for you. Chairman Gonzalez: -- right? Ms. Slazyk: PZ.14 and 15 -- Chairman Gonzalez: Will be defer for the second -- Ms. Slazyk: Meeting in October. City ofMiami Page 87 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Chairman Gonzalez: -- meeting in October. Ms. Burns: We show continue to October 25 -- Ms. Slazyk: Right. Ms. Burns: -- which would be the next P&Z meeting. Chairman Gonzalez: All right, PZ.14 and 15. All right. Is -- are people ready for PZ.12, PZ.13? They're not ready yet. PZ.15 06-02044zt1 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, BY AMENDING ARTICLE 6, SECTION 606, CONCERNING THE SD-6, SD-6.1 CENTRAL COMMERCIAL -RESIDENTIAL DISTRICTS IN ORDER TO PERMIT PUBLIC STORAGE FACILITIES IN A BUILDING THAT IS 150 FEET OR LESS FROM A MAJOR INTERSTATE HIGHWAY AS ADAPTIVE RE -USE OF EXISTING BUILDINGS BY CLASS II SPECIAL PERMIT, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-02044zt PAB Reso.pdf 06-02044zt1 CC Legislation (Version 1) - OLD.PDF 06-02044zt1 CC FR Fact Sheet.pdf 06-02044zt1 CC SR 09-27-07 Fact Sheet.pdf 06-02044zt1 CC Legislation (Version 1).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 November 15, 2006 by a vote of 5-0. See companion File ID 06-02044zt. PURPOSE: This will allow certain public storage facilities by Class II Special Permit in the SD-6 and SD-6.1 zoning districts. NOTE: This item was originally combined as one item with File ID 06-02044zt. CONTINUED A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, with Chairman Gonzalez and Commissioner Spence -Jones absent, to continue items PZ.14 and PZ.15 for 30 days, to the City Commission meeting currently scheduled for October 25, 2007. PZ.16 07-00576zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 609, SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT, IN ORDER TO MODIFY USE City ofMiami Page 88 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 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 07-00576zt CC SR Fact Sheet.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 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 ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Sanchez Absent: 2 - Commissioner Regalado and Spence -Jones 12943 Chairman Gonzalez: PZ.17. Lourdes Slazyk (Zoning Administrator): 16. PZ.16 is a second reading. This is the amendment to SD-9 -- Chairman Gonzalez: Right. Ms. Slazyk: -- to allow the veterinary offices, and Commissioner Sarnoff, just so you know, the people one is coming up later in the agenda under the first readings. Vice Chairman Sanchez: Second. Commissioner Sarnoff Let me -- motion to -- Chairman Gonzalez: He hasn't made -- Commissioner Sarnoff -- approve. Chairman Gonzalez: -- the motion yet. Vice Chairman Sanchez: Second. Chairman Gonzalez: Right. Is there a motion? Commissioner Sarnoff Yes. City ofMiami Page 89 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Vice Chairman Sanchez: Make a motion. Commissioner Sarnoff I'm sorry. Motion. So move. Chairman Gonzalez: All right. Vice Chairman Sanchez: Andl second it. I -- Chairman Gonzalez: We have a motion, and we have a -- Vice Chairman Sanchez: -- it's his item. I don't want to move his item. Chairman Gonzalez: -- second. It's a public hearing. Anyone from the public that wants to address the Commission on this item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. It's an ordinance. Mr. City -- 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. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has been adopted on second reading, 3/0. PZ.17 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 07-00751zt CC FR 09-27-07 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. Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. City ofMiami Page 90 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: All right. PZ.17. It's an Administration item. Roberto E. Lavernia (Chief of Land Development, Planning): PZ.17 is an amendment to 11000 ordinance to modin, signs regulations for PR (Parks and Recreation) and recreation district, and this will establish a maximum area of commercial sponsorship for the identification signs on parks. Chairman Gonzalez: All right. It's a public hearing. Anyone from the public that wants to address the Commission on this item, please come forward to be recognized. Timothy Schmand: Tim Schmand, Bayfront Park Management Trust, 301 North Biscayne Boulevard. Vice Chairman Sanchez: Before you do that, I move the item. Commissioner Spence -Jones: I second for discussion. Chairman Gonzalez: All right. We have a motion, and we have a second for discussion. Yes, sir. Mr. Schmand: I'd like to thank the Administration for putting this together for us. It's a great revenue source for the park, but we would like -- andl have been directed by my board of directors to ask for an increase from 25 percent to 50 percent of commercial sponsorship allowed on the sign. Chairman Gonzalez: All right. Thank you. Mr. Schmand: Thank you. Chairman Gonzalez: Anyone else? Public hearing is closed; comes back to the Commission. Vice Chairman Sanchez -- Commissioner Spence -Jones: Commissioner Sanchez. Chairman Gonzalez: -- you're recognized. Commissioner Spence -Jones: No, no. Chairman Gonzalez: Commissioner Spence -Jones -- Commissioner Spence -Jones: You want to make a comment -- Chairman Gonzalez: -- you're recognized. Commissioner Spence -Jones: -- on this? Commissioner Sarnoff I'll -- Commissioner Spence -Jones: My -- I'm sorry. Chairman Gonzalez: Go ahead. Commissioner Spence -Jones: Mr. Chairman, I just wanted to have clarification from Zoning regarding this issue, andl don't know if Parks is anywhere here. There was a big discussion led City ofMiami Page 91 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 by Commissioner Regalado, I believe, the last time regarding the signage issue, and l just want to be clear on which parks to consider regional parks. That's the number -one question, and the second part of that question, what was -- how do we determine what a regional park is, just so that I'm on -- we're all on the same page? How did you guys consider what would be considered a regional park? Juan Pascual: Juan Pascual, assistant director of Parks and Recreation Department. Commissioner, there isn't one clear definition of a regional park, per se. However, the industry does recognize that, typically, the definition of a regional park is either a facility that has a hundred or more acres or/and [sic] may have amenities and facilities at the park which would attract patrons from a great geographical area -- Commissioner Spence -Jones: Great. Chairman Gonzalez: Like -- Mr. Pascual: -- so you can use either one of those two to fit what your definition of a regional park would be. Chairman Gonzalez: -- the water theme park. Mr. Pascual: Like the water theme park. For example, Grapeland is also a multiplex because you have the golf course, you have the sports baseball fields, and you have a water theme park, so taken in one context, Grapeland would be an example of a regional park; Virginia Key Beach can be another example. Commissioner Sarnoff So if we were to talk about them, it would be Bayfront Park, Museum, or Bicentennial, or whatever you prefer, Melreese, Grapeland, both sides, ballpark and water park, Virginia Key, Little Haiti, Hadley Park, Jose Marti Park. Commissioner Spence -Jones: Athalie Park is one. I thought it was -- is it Athalie Park or is it Hadley Park? Mr. Pascual: Hadley Park can also be another one added to that list. Yes, sir. Commissioner Sarnoff Right. I thought I said Hadley. OK. Mr. Pascual: Yes, sir. Commissioner Sarnoff The one I don't want included on the list, though, is Legion Park. Mr. Pascual: No. Commissioner Sarnoff OK. Mr. Pascual: OK. Chairman Gonzalez: All right. Any further -- Commissioner Spence -Jones: OK. Chairman Gonzalez: -- discussion on the item? Commissioner Spence -Jones: And l just wanted to ask really quickly -- I'm sorry, Mr. Chairman. I know we're going to address the issue later on in the budget, but part of -- which I'm so happy City ofMiami Page 92 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 we're finally getting is the park rangers. Will the park rangers be identified for the regional parks? Mr. Pascual: The park rangers will -- the proposal is that they would be used throughout the park system in various capacities. Commissioner Spence -Jones: So it's all over? Mr. Pascual: Yes, ma'am. Commissioner Spence -Jones: OK. All right. Thanks. Vice Chairman Sanchez: Mr. Chairman, I'll be very brief on this. I think we all know the situation we're in with all these budget cuts, and if you look what's happening at local government, taking the burden of budget cuts, we are faced with being creative, you know. We have to be creative in finding ways to bring in money from corporate America and not from the pockets of our residents in the City. I think we've tapped in their pockets long enough, and this gives us a way -- if you through other cities throughout the United States, you see that the government is partnering up with the private sector to try to create revenues that will stay in these parks, that will maintain these parks clean, they will maintain the parks, andl think the City has to be given credit for all the improvements that have been going in our parks to make sure that we come up with ways to bring in the revenues to maintain those parks, so this is -- I don't know ifI could support the 50 percent -- Commissioner Sarnoff I was going to -- Vice Chairman Sanchez: I think 50 is too much in certain parks, but I could certainly go with 25 percent as long as, when this is created, that revenue goes into the maintenance of the parks and possibly even programs in parks, 'cause all it takes is for you to travel throughout the United States and visit some other cities, you see that that's exactly what's happening. They're partnering up with corporate America to benefit the people and their parks. Chairman Gonzalez: All right. Commissioner Regalado: Mr. Chairman. Chairman Gonzalez: Yes, sir. Commissioner Regalado: Can we have the guarantee that any advertising, any revenues from the advertising will be directly use on the specific park that is being used for advertising? Chairman Gonzalez: We have a question from a Commissioner. Please pay attention to the Commissioner. Commissioner Spence -Jones: Did you hear the question? Chairman Gonzalez: OK. Commissioner Spence -Jones: The question -- Vice Chairman Sanchez: The question itself -- Chairman Gonzalez: You got the question? Vice Chairman Sanchez: -- is the revenues coming in from those parks will stay in those parks. City ofMiami Page 93 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Mr. Pascual: Well, as a representative of the Parks Department we certainly would appreciate that to be the case. Vice Chairman Sanchez: OK. Mr. Pascual: Yes. Commissioner Spence -Jones: So each park -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- whatever the -- Chairman Gonzalez: What about -- Commissioner Regalado: Yeah, but you would appreciate and -- Commissioner Sarnoff Put it in the ordinance. Commissioner Regalado: -- but it's not in the ordinance. Chairman Gonzalez: OK. We need an answer from the Manager's office. Where is the Manager? Orlando Toledo: We will go ahead and put it -- Orlando Toledo, Building, Planning & Zoning, senior director. We will then go ahead and put it in second reading that it will stay at the park where this sign is to be placed. Chairman Gonzalez: All right. Commissioner Regalado: And the reason I'm saying, it's very simple. Should this go to the general budget off the Parks Department, and you know, it is -- it would be very difficult and it would be an uphill battle for the residents and the area Commissioner to say we need money to landscape, we need money -- maybe -- and maybe this is the case -- we're coming, as the Vice Chairman said, to a moment where we have to make cut. Well, maybe, if you were to sign long-term contracts in terms of advertising, you can budget that money for park ranger at that park and not anything that you need from that park, and I will tell you that being in marketing and advertising, it is easier to sign a long-term contract, and some people will be willing to do that, some industry, and you have guarantee at least two or three years of a fixed revenue that will go to that park and then you can plan accordingly in terms of park rangers or -- if you want to expand the hours of operation of the pools, say in Shenandoah or West Endandl know that you're talking about regional park, but this is just an example. In the case of Bayfront, it is a no-brainer because it is a huge area to advertise, and we all know that Bayfront is going to be taking a hit if the casinos -style machines are approved come November -- I mean, come January with the cruise ship that they have there for the gambling ship that they have there, so I just want to understand that the revenue at that park stays at that park, not goes to the general budget of the Parks Department. Chairman Gonzalez: All right. You got your marching orders for the second reading. Vice Chairman Sanchez: But why don't we just do it on first reading; just amend it? I mean -- Chairman Gonzalez: All right. City ofMiami Page 94 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Vice Chairman Sanchez: -- let's simplin, it. Chairman Gonzalez: Make an amendment. Vice Chairman Sanchez: Second. I second the motion. Commissioner Regalado -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- makes the motion to clearly state that all revenues -- Chairman Gonzalez: Will stay within the parks. Vice Chairman Sanchez: -- earned within those parks, regional parks, should stay in those parks. Chairman Gonzalez: All right. It's an ordinance, I believe. Read the ordinance, please. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call. Commissioner Sarnoff? Commissioner Sarnoff There's not been a public -- the public want to be addressed? Chairman Gonzalez: The public meeting has been closed. I open it and close it. Commissioner Sarnoff OK. Chairman Gonzalez: Yes. Yes, ma'am. Ms. Burns: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Burns: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Burns: Vice Chairman Sanchez? Vice Chairman Sanchez: As amended, yes. Ms. Burns: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Burns: Chairman Gonzalez? Chairman Gonzalez: Yes, ma'am. Ms. Burns: The ordinance has passed on first reading, as modified, 5/0. PZ.18 07-00939zt ORDINANCE First Reading City ofMiami Page 95 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 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 627 CONCERNING THE SD-27 MIDTOWN MIAMI SPECIAL DISTRICT IN ORDER TO PERMIT AT INTERSECTIONS RETAIL AND OFFICE USES IN MIXED -USE BUILDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-00939zt - PAB Item 2 backup informatiom.pdf 07-00939zt PAB Reso.PDF 07-00939zt CC Legislation (Version 2).pdf 07-00939zt CC FR Fact Sheet.pdf 07-00939zt-Submittal-Minutes. pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to the City Commission on July 23, 2007 by a vote of 7-0. PURPOSE: This will permit retail and office uses in mixed -use buildings at intersections of the SD-27 Midtown Miami Special District. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be TABLED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Direction by Commissioner Sarnoff to the City Attorney to determine if the City Commission's instructions regarding the parking at Midtown on April 22, 2004 were ever modified, amended, changed, or rejected in any subsequent hearing or document that would modifi, their direction. Direction by Chairman Gonzalez to the City Clerk to provide a copy of the verbatim transcript of the April 22, 2004 City Commission meeting regarding the Midtown discussion at said meeting. Chairman Gonzalez: PZ.18. Adrienne Pardo: Should we go? Chairman Gonzalez: You're going to wait a minute now. You weren't ready when I was ready, so now you -- it's time for you to wait. PZ.18. Roberto E. Lavernia (Chief of Land Development, Planning): PZ.18 is a amendment to 11000 ordinance for the Midtown Miami Special District. What we're doing in here is to -- adding retail and offices uses in mixed -use buildings on the corners. The actual designation is -- the mixed -use, it could be residential and live/work only, and we're adding a retail and office uses in City ofMiami Page 96 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 order to increase the pedestrian activity on those corners of the Midtown District. Chairman Gonzalez: All right. Yes, Lucia. Lucia Dougherty: On behalf of the developer, we do support this. What this does is gives us some flexibility to have a real mixed -use, meaning, office, retail, and residential as opposed to just residential and live/work. Chairman Gonzalez: All right. Anyone from the public that wants to address the Commission on this item, please come forward. Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street. On April 29, 2004, I sat in this chamber when this Commission approved a $69 million tax subsidy for Midtown Miami. As part of that discussion, the Commissioner said it was important to do that because that would allow free parking at Midtown. Midtown was built; Midtown has opened, and the parking is not free. The store managers are very unhappy because customers are not staying as long in the stores as they would like because they want to not have to pay more for their parking. The neighbors in Wynwood across the street are very unhappy because store employees, who also have to pay to park, are parking in the neighborhood. The discussion that day -- andl have it in my computer, andl can find it for you, if you like -- between the Commissioners was that this was necessary for the type of retail that was going into Midtown, specifically a Target store. I would ask that you not allow this request to take place until Midtown lives up to the spirit with which that $69 million tax subsidy was allowed by this city, and that is to have free parking at Midtown. That'll be a win -win for Midtown; it'll be a win for the neighborhood. Please, stick to the word of the Commission on that day. Thank you. Chairman Gonzalez: All right. Anyone else -- Commissioner Sarnoff Mr. Chair? Chairman Gonzalez: -- from the public? Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Commissioner Sarnoff I mean, I've read the Commission hearing on that, and Art Teele was the one that achieved the free parking, but I thought that was achieved. When I visited them, they were implementing a new procedure. Has that --? Ms. Dougherty: This is a surprise to me. I really can't address it. Commissioner Sarnoff Does anybody here know? Commissioner Spence -Jones: What was the new procedure? Commissioner Sarnoff That there was going to be -- I don't know if it was one -hour, or two-hour, or three-hour free parking. Commissioner Spence -Jones: Well, the first -- Commissioner Sarnoff His point -- I know it will be free parking in general, but I know there was a procedure about to be implemented, maybe with a validation. If you walk in the store, you had to have it validated, ifI remember? Commissioner Spence -Jones: Is there -- are there any employees or residents here at all from the surrounding area? That's what I'm interested in -- City ofMiami Page 97 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Chairman Gonzalez: No. Mr. Cruz: I'm a res -- Chairman Gonzalez: People in that area work -- Commissioner Spence -Jones: I'm just curious as to whether -- Chairman Gonzalez: -- get off at 5 o'clock, go to work, and work until 6 p.m. Ms. Dougherty: Mr. Chairman. Chairman Gonzalez: They don't have a chance to come here. Commissioner Spence -Jones: Yeah. I'm just -- Ms. Dougherty: Mr. Chairman, if you're going to have this in the afternoon, perhaps I could -- we should bring this back this afternoon, and we get some answers on these issues. Chairman Gonzalez: All right. Table the item until -- Commissioner Sarnoff I'll make a -- Chairman Gonzalez: -- this afternoon. Commissioner Sarnoff -- motion to table it. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion. Is there a second to table? Commissioner Spence -Jones: Second. Chairman Gonzalez: There is a second until this afternoon. All in favor, say "aye." The Commission (Collectively): Aye. [Later..] Chairman Gonzalez: PZ.18. Mr. Lavernia: PZ.18 is an amendment to 11000 Ordinance that was presented previously. This is -- we're modifying the Midtown, adding -- changing the concept of mixed -use, adding office and retail uses at that concept in order to have retail and offices in the corner intersection of the project in order to have more pedestrian uses in that area. Chairman Gonzalez: Lucia. Ms. Dougherty: Good afternoon, Mr. Chairman, members of the Board. Lucia Dougherty, with offices at 1221 Brickell Avenue, here today on behalf of Midtown, andl -- at the last -- earlier this morning, there was an objection because people are being charged money for parking in the garages, andl have to tell you that, as the representative, Midtown is the residential side. We don't own the parking garages. As a matter of fact, the CDD (Community Development District) owns the parking garages, and that is -- the CDD is an in -- has an interlocal agreement between the City of Miami, Dade County, and the Midtown Miami Community Redevelopment -- or City ofMiami Page 98 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Development District. Those are the ones who actually control the parking. They have to pay back the City bonds through the parking, so there's bond -- there's a bond issue that was issued in connection with the parking garage. We don't own the parking garage, and as a matter of fact, DDR doesn't own the parking garage. DDR is the retail portion of it, so the issue that we're asking for you today has nothing to do with either the garage or the DDR, the retail side. We're asking for a ability to put office and retail in connection with the mixed -use on the residential side. Having said that, I do have an interlocal agreement. You all issued bonds for the CDD for the parking garage. Somebody has to pay the bonds back. I assume that that has to be through the payment of the parking fees. I do have Colin Carby with me. Colin Carby: I can answer any questions, but -- sorry. I can answer any questions if -- Commissioner Spence -Jones: Your name on the record. Mr. Carby: I'm Colin Carby, 3110 Northeast 2ndAvenue., with Midtown Partners, for the residential component of the project. The bonds were calculated based off of a revenue stream. I'm not sure if the Miami Parking Authority or the CDD will offer free parking to DDR to compensate for the problem, but there is a certain amount of debt service attached to these bonds. That's how we got the issuance. Chairman Gonzalez: All right. Commissioner Spence -Jones: Mr. Chairman, I just -- Chairman Gonzalez: Yes. Commissioner Spence -Jones: I'm sorry, Mr. Chairman. I just want to ask -- I think one of the questions that came up from the Commissioner of that district was there was a special arrangement that was put in place -- I know you get an hour of free parking -- Mr. Carby: Correct. Commissioner Spence -Jones: -- all right? It's validated from any of the -- Mr. Carby: Yes, correct. Commissioner Spence -Jones: -- businesses from the DDR shop side of it. What you're explaining now that this is -- has -- does not have anything to do with the shop side of it? It has something to do with the residential side of it? Mr. Carby: Yes. Ms. Dougherty: No. It's the other way around. Commissioner Spence -Jones: OK, so I just want to make sure -- because it -- Ms. Dougherty: The one -- Commissioner Spence -Jones: -- it's not very -- Ms. Dougherty: -- the -- Commissioner Spence -Jones: -- clear. That's why I'm asking. Ms. Dougherty: -- ordinance that we're asking for today has to do with the residential side, not City ofMiami Page 99 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 the shop side. Commissioner Spence -Jones: Right, so the -- Mr. Carby: Right. Commissioner Spence -Jones: -- comments that was made earlier, Ms. Dougherty, was really centered around -- that was made earlier by Elvis was centered around the shop side of it -- Ms. Dougherty: That's correct. Commissioner Spence -Jones: -- the DDR side of it, not the residential side? Ms. Dougherty: That's correct. Commissioner Spence -Jones: OK. Mr. Carby: Correct. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to speak on the item, you are allowed two minutes. Mr. Cruz: Thank you, Commissioner. Elvis Cruz, 631 Northeast 57th Street. At this point, I've handed out a copy of a page from the verbatim minutes -- it was actually April 22, 2004 -- and for your convenience, I've highlighted the statement by the Commissioner on that day that said it's parking that's going to be free to the people who use these for shops. Now whether or not there's a distinction to be made with the residential or the commercial side, the bottom line is that the public was told that this parking was going to be free, and it has not been free. There was a bait and switch, if you will, ifI can put it so candidly, and as I mentioned before, it's been harmful to the Midtown shopping because customers get one hour free, and then they'd have to pay, and human nature being what it is, people are trying to get all their shopping done in that one hour, and so they're leaving early, and they're not spending the time that they would -- Commissioner Spence -Jones: I'm sorry, Elvis. How much is the parking? It's like a dollar, right? What is the parking -- Mr. Cruz: It's -- Commissioner Spence -Jones: -- after an hour? Mr. Carby: The first hour is free, and then it's -- Commissioner Spence -Jones: Right, and after that it's how much? Mr. Carby: -- I think it's like an increment of a dollar -- Commissioner Spence -Jones: It's a dollar -- Mr. Carby: -- each hour, or something -- Commissioner Spence -Jones: -- afterwards, right? Mr. Carby: -- around that -- Mr. Cruz: It's about a dollar an hour, I believe -- City ofMiami Page 100 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Mr. Carby: -- but -- Mr. Cruz: -- at this time. Mr. Carby: -- it was not a bait and switch. I have to -- hopefully, if you don't mind, pause you because there was no way the City and the County would have issued those bonds if there was free parking. There would have been no income generated to repay the debt service on the bonds, so they would have never issued it. Mr. Cruz: Sir, all can tell you is what we were told by the City Commission that day, and it's had a very harmful effect to the shops at Midtown. I think hadl known this was going to come up in advance, they would have been here. I've spoken with the managers of both Target and Circuit City. They're very unhappy, and as I mentioned before, the employees who work in those stores, who are not much above minimum wage, are having to pay that dollar an hour. You take a dollar an hour away out of somebody's wage, that's quite a hit, and then, of course, what are they doing? A lot of them are parking in the surrounding neighborhood and causing it harm, so even if there is a distinction made, I would urge this Commission and the Administration to do whatever it can in its power to abide by what the public was told by the Commission that day. Thank you. Chairman Gonzalez: All right. Anyone else from the public? Meeting is closed; comes back to the Commission. Ms. Dougherty: I do -- Commissioner Spence -Jones: I'm going to ask you, Mr. Chairman, I just want Commissioner Sarnoff to kind of pick up off of the discussion. I know he was not here earlier, but I'm sure he was listening somehow. Do you want to --? They do have somebody from -- not from the DDR side of -- but the Midtown side of it, which is different, from my understanding, of the retail portion that Mr. -- that Elvis was speaking of earlier, but you mentioned, before we took a break, that there was a special arrangement or you were aware of a special arrangement that was made regarding the parking issue. Can you --? I don't know if you want to expound on it a little bit since you have the Midtown folks here. Commissioner Sarnoff No. It was my recollection, when I went over there, that they were working on a plan -- I just don't remember if it was one or two hours -- if you validated at some retail establishment in the facility that it would be free. Ms. Dougherty: In every facility for the first hour it is free. Commissioner Sarnoff One hour. Ms. Dougherty: One hour. In addition to -- I know that Linens 'N Things, West Elm, and -- Mr. Carby: Circuit City. Ms. Dougherty: -- Circuit City all allow their employees to park there for free. Commissioner Spence -Jones: OK. Commissioner Sarnoff Well, I mean, what was your interpretation, Lucia, of what Art Teele had to say when he said that parking would be free? Ms. Dougherty: I don't know when this April 22, 2004 minutes happened vis-a-vis when the City City ofMiami Page 101 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 and the County and the Midtown Community Development agreement entered into and sold bonds. I mean, this may have been way before, and then subsequently, they changed their minds when they sold bonds, but somebody needs to pay back the bonds, so -- and like I say, neither Midtown, nor DDR, actually owns that garage. It's a community development district that's -- Commissioner Sarnoff But a Commissioner sits here and they put requirements in MUSPs (Major Use Special Permits), they put requirements in covenants with, you know, variances and whatnot, and they believe everything that they say has meaning. Ms. Dougherty: I understand that, but I don't know what this is. Commissioner Sarnoff No. I appreciate that you don't know what that means. Ms. Dougherty: But I don't know when this happened. I don't know what this was in -- Commissioner Sarnoff I've actually -- Ms. Dougherty: -- connection with. Commissioner Sarnoff -- seen the full transcript -- Ms. Dougherty: OK. Commissioner Sarnoff -- so I could -- Ms. Dougherty: What was it approval of? Do we know? Commissioner Sarnoff I believe it was when they were discussing the Midtown whole project, and if I'm not mistaken, Art Teele was very clear that the parking would be free, and you just bring up a subject to me that's kind of sore 'cause I think every Commissioner gets up here and believes every time they say something it's going to be followed, andl don't know that this was ever followed, and you're saying a series of documents were executed possibly not looking into what -- or considering what a Commissioner had done in the past or said on the dais, I should say. Ms. Dougherty: That's possible, but he could have also have been somebody who voted on this interlocal agreement also and the bonds -- and issued the bonds. You know, there was -- Commissioner Sarnoff So then -- Ms. Dougherty: -- a series of hearings that took place in connection with this. Commissioner Sarnoff OK, so then, you're -- OK. Can we do this then? Could we defer this? Ms. Dougherty: Well, let me just point out this to you. I don't know if you heard -- overheard it, but again, I represent Midtown, the residential portion. Commissioner Sarnoff Right. Ms. Dougherty: It has nothing to do with the parking or the shops, and so this request doesn't have anything to do with that, and we would certainly ask that you allow us to go forward on this since we can't control that anyway. We don't own it. We don't have part of the shops. Commissioner Spence -Jones: And clearly, if you do look at the transcript -- and again, I'm not really sure when this started and when this ended because Elvis -- Mr. Cruz just passed out one City ofMiami Page 102 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 sheet, and there's no -- there's nothing else attached to it, so that's why I wanted to be very clear with Midtown and with the DDR folks, and we're here talking about -- today about the Midtown project, which is the residential portion of it, not the retail shops of it. That's why I just wanted to be clear on, so I don't -- Is there a sense of urgency, Lucia, as to why this has to be dealt with today? Mr. Carby: No. Commissioner Spence -Jones: Oh. Mr. Carby: If you have to defer it, then I understand, but we would prefer -- I mean, it's been going on for a few months now we've been trying to get this. Ms. Dougherty: We've been actually at this for six months, but -- Commissioner Sarnoff Well, let me just say this. Mr. Carby: The DDR side has nothing to do with this. Commissioner Sarnoff Let me just say this. I was just handed a document that said there was only one public hearing for a 169 mil tax, and that's when Art Teele and Haskins said the parking would be free, and what I could do is supply you with the documents, Lucia, so that I can keep a very interested attorney in looking into whether there was some subsequent hearing, butt suspect the Commissioners voted on something, andl don't think it was followed through. Vice Chairman Sanchez: Could proffer a suggestion? Ms. Dougherty: I have a listing -- let me just tell you -- that starts in 2003 of all the hearings that took place in connection with Midtown. There are probably 29 hearings in connection with Midtown. Mr. Carby: May I add something? This -- the commercial component has actually nothing to do Ms. Burns: Excuse me. We need you on the microphone. Mr. Carby: -- with the residential side. As a matter of fact, we couldn't even market the project as one big whole project because it would trigger a DRI (Development of Regional Impact), so I just want you to understand that has nothing to do with the -- Vice Chairman Sanchez: Couldl -- Mr. Carby: -- residential component, and the zoning ordinance governs our side versus the other side also. It's completely separate. Vice Chairman Sanchez: -- proffer a suggestion? From what I've gathered here, it's apples and oranges. Your issue is completely different than the concern that is (UNINTELLIGIBLE) for the free parking. One of the things that we could do is we could bring back the interlocal agreement, not yours, the interlocal agreement that focused on the free parking for the retail, and you know, look at it; see what it was, and then we could always -- Mr. Carby: Sure. Vice Chairman Sanchez: -- make that change requesting that parking be free, if that was what was promised -- City ofMiami Page 103 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Mr. Carby: Right. Vice Chairman Sanchez: -- to the people -- Mr. Carby: Right. Vice Chairman Sanchez: -- but your issue, I think, is completely different and irrelevant. Ms. Dougherty: That's probably a good idea, to make a discussion item in connection with the parking at the Midtown area, and have -- Commissioner Sarnoff Well, couldl --? Ms. Dougherty: -- your bond attorneys -- Commissioner Sarnoff Andl agree, I agree. Ms. Dougherty: -- come and everybody else come. Commissioner Sarnoff I'll be more than willing to do that. Mr. City Attorney, can I ask you -- Mr. Fernandez: Yes. Commissioner Sarnoff -- to go through the -- to go through -- I can give you a starting point, but what I'm looking to find out is if the Commission's instruction of April 22, 2004 was ever modified amended, changed, rejected in any kind of subsequent hearing or document that you could argue somehow modifies their direction. Vice Chairman Sanchez: The interlocal agreement should tell you whether it was free parking or not. Simple as that. Chairman Gonzalez: Also -- Commissioner Sarnoff Then -- Chairman Gonzalez: I'm sorry. Commissioner Sarnoff No, it's OK. I apologize -- but then what you're saying then is by -- each Commissioner has the opportunity to read the interlocal, and if they didn't and didn't see there was parking charge for it, tough, or that's the later understanding of the Commission. OK. Chairman Gonzalez: I would also like to have the complete minutes of this discussion because we were just handed -- Commissioner Spence -Jones: One sheet. Chairman Gonzalez: -- a portion of the discussion where, actually, I don't interpret this as instructions from late Commissioner Teele saying parking must be free or parking is going to be free. It's -- you know, it's more like a question. Is parking that's going to be free for the people who use -- Vice Chairman Sanchez: The shops. Chairman Gonzalez: -- the shops? It's not a mandate or directive from the Commissioner, what City ofMiami Page 104 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 I interpret in this, so let me -- Madam City Clerk, I would like to have a complete transcript of this meeting, or at least the portion of the meeting that had to do with Midtown -- Commissioner Sarnoff Context, yeah. Commissioner Spence -Jones: So Mr. Chairman, can they --? Chairman Gonzalez: -- so I can refresh my memory on the entire discussion that took place. Commissioner Spence -Jones: So, Mr. Chairman, I'm assuming that we're going to take this as a separate item so we can go head [sic] and move this item today? Mr. Fernandez: Yes. Chairman Gonzalez: Yeah. Defer it? Commissioner Spence -Jones: I'd like to move it. Commissioner Regalado: And Mr. Chairman -- Vice Chairman Sanchez: There's a motion. Second for the purpose of discussion. Commissioner Regalado: Second. What is the role of the Midtown CRA (Community Redevelopment Agency)? City Attorney? Chairman Gonzalez: Role of Midtown CRA. Mr. Fernandez: The role of the CRA? Commissioner Spence -Jones: Midtown -- Commissioner Regalado: Midtown -- Commissioner Spence -Jones: -- CRA. Commissioner Regalado: -- CRA. Mr. Fernandez: In regards to what? In regards to this issue of parking? Commissioner Regalado: In regards to everything. In regards -- Commissioner Spence -Jones: Just in general. I think that we do have Jim Villacorta in the back, if you'd like for him to come out front. He can probably address that. Mr. Fernandez: Well, the CRA, as you know, is an entity created by the County where the City has been entrusted with the management and administration of that. If there is any TIF (Tax Increment Funds) funds that are coming from that CRA, then it's entrusted with the responsibility of directing or administering that. Otherwise, as its own district, the CRA is responsible for the governance of that area, those boundaries and any issue that may arise from the administration of that CRA. Commissioner Regalado: So it could be the CRA the entity to try to fix the problem, if there is one on, in terms of parking. Isn't that --? Mr. Fernandez: To the extent that in this agreement that's being suggested, the City Commission City ofMiami Page 105 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 is not a party, but the CRA is, then that would be the appropriate body when you -- Commissioner Regalado: Jim, can you --? Mr. Fernandez: -- constitute yourself as the CRA. Commissioner Regalado: Jim is -- James Villacorta: James Villacorta, executive director of the Midtown CRA. The underlying agreement for the parking garage was worked out with the City, the County, and the developers, and that created a CDD. They issued bonds and agreed to assess themselves to make the payments on those bonds. The CRA was overlaid, and we agreed to give them the TIF, to the extent there is any, to pay towards the bonds. We do not -- we're not on the bond issue or -- if there's a shortfall, the CDD must assess themselves to pay those bonds. Commissioner Spence -Jones: I think the question, Jim, from Commissioner Regalado is because this issue has come up from a parking standpoint with the Midtown CRA, maybe this is something that the Midtown CRA could take up to address the issue of the concern about the retail shops. Is that something that maybe we can have -- perhaps convene and have during one of our CRA meetings so that there is an active body working on it? Mr. Villacorta: To decide whether to -- the parking should be -- or they should --? Commissioner Spence -Jones: To look at the issue of the interlocal or the issue of what's happening from a parking perspective with the retail shops. Mr. Villacorta: The CRA became a party to that CDD agreement, but that's really where the parking obligations flow from is the underlying agreement. The CRA's only obligation is to pay over TIF towards the bonds -- Commissioner Spence -Jones: Oh, OK. Mr. Villacorta: -- and if there's anything left over, the remaining TIF comes back to the City and the County. We really are not -- Commissioner Spence -Jones: So there's no other function besides that? So you've actually answered Commissioner Regalado's question, I believe. Mr. Villacorta: I think the place to take it up is at the Community Development District meetings, and they have meetings monthly, and at that point, the City and the County -- and/or the County would go to the developer or the Community Development District and try to enforce what they thought the terms were as far as whether the parking would be free to the public or the public would pay for a portion of it. Commissioner Spence -Jones: Thank you, Jim. Commissioner Regalado: But you know, it's a very different issue, and it's a very technical issue, and you're going to look into it; everybody's going to look into it, but the bottom line is that to compete as a shopping center, you need to have free parking, you know, to compete because if you go to Dadeland, if you go to Aventura, if you go to Merrick Park, it's -- you can park, and you know -- Ms. Dougherty: Not Merrick. Commissioner Regalado: -- you don't have that pressure that you need to be out or pay parking, City ofMiami Page 106 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 so I mean, it's a commercial decision that they have to make, but it's a stupid decision if they don't do it. Commissioner Sarnoff Well, my biggest concern is just that the will of the Commission was followed. If it turns out the will of the Commission -- and that's something we need to investigate. If the will of the Commission was followed -- Vice Chairman Sanchez: It's fine. Commissioner Sarnoff -- then fine, and if the will of the Commission wasn't followed I'd like -- Vice Chairman Sanchez: Then we'll address it. Commissioner Sarnoff -- to know because I know we all pontificate out here, and we all believe that whatever it is we said gets done. Chairman Gonzalez: Gets done. Commissioner Sarnoff That's all -- Chairman Gonzalez: Yeah. Commissioner Sarnoff -- and I'll tell you what. My office will be in charge of finding the full transcripts, any newspaper article on this -- Chairman Gonzalez: Right. Commissioner Sarnoff -- just to see what was said and see if we could put it in context. I will bring it up as a blue page item when we have as much information as we have -- Commissioner Spence -Jones: Good. Commissioner Sarnoff -- and we will bring it up, and then we can all decide whether we think there was an agreement or there wasn't. Chairman Gonzalez: OK, great. Vice Chairman Sanchez: Call the question. Chairman Gonzalez: All right. All in favor, say "aye. " The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have -- Mr. Fernandez: But -- Chairman Gonzalez: -- the same right. Mr. Fernandez: -- Mr. Chairman -- Ms. Burns: I'm sorry. Mr. Fernandez: -- it's an ordinance. City ofMiami Page 107 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Ms. Burns: That's an ordinance. Chairman Gonzalez: Oh, I'm sorry. Mr. Fernandez: It's an ordinance on first reading. It has to be moved and seconded. Commissioner Spence -Jones: We did already. Chairman Gonzalez: All right. We had a motion, and we had -- Ms. Burns: We do have -- Chairman Gonzalez: -- a second. Mr. Fernandez: Right. Ms. Burns: -- a motion and -- Mr. Fernandez: Great. Ms. Burns: -- a second. Chairman Gonzalez: Read the ordinance, Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Ms. Burns: Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has passed on first reading, 5/0. Chairman Gonzalez: All right. Ms. Dougherty: Thanks very much. PZ.19 07-01013zt 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 MEDICAL AND DENTAL CLINICS AND OFFICES IN THE SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT BY CLASS II SPECIAL PERMIT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Item #1-07-01013zt- PAB.pdf 07-01013zt PAB Reso.PDF 07-01013zt CC Legislation (Version 2).PDF 07-01013zt CC 09-27-07 FR Fact Sheet.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of City ofMiami Page 108 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 5, 2007 by a vote of 9-0. PURPOSE: This will allow for medical and dental offices in the SD-9 Biscayne Boulevard North Overlay District by Class II Special District. NO ACTION TAKEN Chairman Gonzalez: PZ.19. Roberto E. Lavernia (Chief of Land Development, Planning): PZ.19 was to add medical and dental clinics and office in the SD-9 as requested. Chairman Gonzalez: All right. Anyone from the public to speak on the item, please come forward to be recognized. Seeing none, hearing none, public hearing is closed; comes back to the Commission. Commissioner Sarnoff. Commissioner Sarnoff I make a motion to approve. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion, and we have a second. It's an ordinance. Read the ordinance. Maria J. Chiaro (Assistant City Attorney): An ordinance -- Commissioner Sarnoff Just for clarification. This will not include clinics, right? Mr. Lavernia: Dental clinic and office. Commissioner Sarnoff It will include clinic? Mr. Lavernia: Medical, dental and offices, yes. Lourdes Slazyk (Zoning Administrator): Medical and dental. Commissioner Spence -Jones: Facilities. Commissioner Sarnoff Clinics or offices? Ms. Slazyk: Same. They're -- Commissioner Sarnoff Same. You cannot make a distinction? Chairman Gonzalez: It's a dental office. Of course, some people call it a clinic. Commissioner Sarnoff Sorry? Ms. Slazyk: Just -- I mean -- I think explained this before, but I'll do it again. We -- when we first took this out ofSD-9, it's because we could not make a distinction, and it's something thatl sat with our City Attorney -- Miriam Maer was actually the assistant city attorney I worked with this on years ago -- and you can't say by the type of clientele, you can't say by the type of City ofMiami Page 109 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 whether they give appointments or walk-in. There was no distinction between the two. If it's a doctor and they're offering medical services and they're licensed to do so, they'll be able to request this approval to be there. There's no way to distinguish them. Commissioner Sarnoff Right, so you can't distinguish by volume? Ms. Slazyk: No. Commissioner Sarnoff I could. Ms. Slazyk: How would you even monitor that? You know, you're a doctor and we'll say you're limited to ten patients a day? Who's going to enforce it and -- Commissioner Sarnoff No, no, no, no. I mean, by -- if it was a dentist, you could limit it by number of chairs. If it was a doctor, you could limit it by number of offices. Ms. Slazyk: But -- well, we had tried a square footage limitation, and said under this many square feet or over -- Commissioner Sarnoff Right. Ms. Slazyk: -- this many square feet, but that didn't work for an office building that had a lot of doctors' offices in it. Commissioner Sarnoff Well, that's -- Ms. Slazyk: There was no way to -- I mean, there was just -- Commissioner Sarnoff But that is the point, I thought, that that was the concern of some of the citizens was that -- Ms. Slazyk: They didn't want any one large clinic, but if they had multiple doctors, each doctor's amount of square footage would meet -- Commissioner Sarnoff What? Are you saying -- Ms. Slazyk: -- the requirement. Commissioner Sarnoff -- each doctor was incorporated as his own PLC (Public Limited Company) or his own L -- Ms. Slazyk: That's what -- Commissioner Sarnoff -- his own PA (Professional Association), but --? Ms. Slazyk: -- there was no -- yeah. There was no way to do this. I mean, really -- I mean, I don't know if you want to speak to Miriam, but we tried. We really did. There was no way to do it. Commissioner Sarnoff What are the sign requirements? Ms. Slazyk: The signage requirements, I believe it's 20 square feet per establishment, but a building can have a 50 square foot building identification sign, and then -- I mean, I could look up all the rest of the sign requirements -- City ofMiami Page 110 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Commissioner Sarnoff Well, I'm just wondering -- Ms. Slazyk: -- but they would need a Class II in any case, so there will be design review of whatever happens. Commissioner Sarnoff And that could -- Ms. Slazyk: There will be opportunities for appeals and design review. Commissioner Sarnoff Right. That would include open windows -- Ms. Slazyk: Uh-huh. Commissioner Sarnoff -- clear glass, proper legal signage? Ms. Slazyk: Exactly. Commissioner Sarnoff OK. Chairman Gonzalez: All right. We had a motion, and we had a second. It's an ordinance. Commissioner Sarnoff Somebody wants to speak from the public. Chairman Gonzalez: You better wake up and smell the coffee because the public hearing was closed second time. I'm going to allow you this time. Next one -- Mr. Cruz: There's a very brief window that -- Elvis Cruz, 631 Northeast 57 Street. As many of you know, I've lived in that area many, many years; 30 years, and the reason that SD-9 did not allow medical clinics back then -- Lourdes is correct, but just to give you some more information. The City was putting in a lot of drug rehab clinics in the Edgewater area at the time, and that is one of the things that lead to a major decline in Edgewater, so what I'd like to put on the record, if it's possible to not allow drug rehab clinics as part of this motion. Thank you. Chairman Gonzalez: Thank you. All right. Read the ordinance. Hello. Commissioner Regalado: And it's -- Chairman Gonzalez: Hello. Commissioner Sarnoff Well, is the --? Commissioner Regalado: Can I -- Chairman Gonzalez: Read the ordinance. People, wake up. Commissioner Regalado: -- ask something? Is that include drug rehab clinics? Ms. Chiaro: Yes. Commissioner Regalado: Well, I will tell you that the City cannot discriminate about anyone, but you need to be careful because there is one on Flagler and 37th Avenue that has been a problem for the residents, not because the residents feel that they don't want them there, but because the people of -- that are responsible for that clinic do not supervise the patients once they leave the area. Some people are brought into, and they wait for them, and they are taken City ofMiami Page 111 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 back to whatever, but some people are not been supervised, and they go around the neighborhood and because of their problems -- and it's not even their fault -- they have created some issues, so I'm just saying here to you that you need to have some kind of regulations impose, if this is the case, because you know, it's like Home Depot there; Home Depot here. It is the same situation. It's not about not taking care of a segment of the population. It's about respecting the other people, the residents' rights, and I'm just warning you that this is happening Flagler. We had had several, several major problems, especially with the houses in the back on Southwest -- Ms. Slazyk: Let me try to clarify for the record. The drug rehab clinics that you're talking about with the overnight stay are not included in this. The overnight stay are CBRFs (Community Based Residential Facilities), and they are prohibited here. The Edgewater issue that Mr. Cruz was describing was a series of these CBRF facilities for drug rehab that was the problem. Commissioner Regalado: Well -- Ms. Slazyk: This -- there's no -- Commissioner Regalado: -- we -- and -- Ms. Slazyk: -- overnight stay. Commissioner Regalado: No, no -- Ms. Slazyk: This is not -- Commissioner Regalado: -- and I understand -- Ms. Slazyk: -- this is just -- Commissioner Regalado: -- and I understand that. Ms. Slazyk: OK, because -- Commissioner Regalado: If -- Ms. Slazyk: -- that's not allowed on the boulevard. Commissioner Regalado: -- you want to hear me talking about the drug rehab with overnight stays, I can tell you -- Ms. Slazyk: Yeah. Those are not allowed. Commissioner Regalado: -- for two hour -- Ms. Slazyk: I know. Commissioner Regalado: -- report because, as you know, in District 4, there are 62 adult living facilities that most of them have been converted into drug rehab. The Flagler one is not overnight. It's only day, daytime by appointment -- Ms. Slazyk. OK. Commissioner Regalado: -- but it creates the same problem. City ofMiami Page 112 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Ms. Slazyk: I just wanted to clam it because I think the big issue in Edgewater was also an overconcentration of the CBRF for drug rehab. That's not what these are, OK? These are -- Commissioner Regalado: And by the way -- Ms. Slazyk: -- medical and dental offices and -- Commissioner Regalado: -- I still say that we are having some problems in defining the distance between these facilities in residential areas, because I think that the City or the State is making a mistake because you have one company that buys one house here, and three house away, buys another house, and it's the same license or the same company, andl think that we're not applying the distance requirement that the State or the City, for that matter, imposes to them, and that could be the case in Edgewater. I'm -- I know that, in our area, we have several of these kind of problems and as a matter of fact, the Law Department is trying to help us out in this, butt just -- Chairman Gonzalez: All right. Commissioner Sarnoff Mr. Chairman, ifI was the mover -- Chairman Gonzalez: Yes. Commissioner Sarnoff -- I'm going to with draw my motion. Chairman Gonzalez: All right. Motion has been withdrawn. The second will be withdrawn? There was a second. Who second it? Pamela E. Burns (Assistant City Clerk): Commissioner Spence -Jones second the motion. Chairman Gonzalez: All right. Motion has been withdrawn. Commissioner Spence -Jones: I'm going to follow the footsteps of the district Commissioner, and I'll withdraw my second. Commissioner Sarnoff Mr. Chair, very brief. Chairman Gonzalez: All right. Vice Chairman Sanchez: The only concern thatl have here is that you can [sic] make distinctions, and that's a problem when you pertain to this, so it's -- I think it's a double-edged word. Chairman Gonzalez: All right. Motion dies. It's a dead horse. PZ.20 07-01014zt 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 9, SECTION 906.9 TEMPORARY SPECIAL EVENTS; SPECIAL PERMITS; CRITERIA, IN ORDER TO ALLOW FOR A SPECIAL EVENT VENDING SUBDISTRICT ALONG SW 8TH STREET BETWEEN SW 10TH AND 27TH AVENUES; ALLOWING FOR EXCEPTIONS BY CLASS I SPECIAL PERMIT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 113 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Item #2-07-01014zt- PAB.pdf 07-01014zt PAB Reso.PDF 07-01014zt CC Legislation (Version 2).PDF 07-01014zt 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 September 5, 2007 by a vote of 9-0. PURPOSE: This will allow for a special event vending sub -district along SW 8th Street between SW 10th and 27th Avenues. Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: All right. PZ.20. Roberto E. Lavernia (Chief of Land Development, Planning): PZ.20 is an amendment to the 11000 in order to allow for a special event vending of district along Southwest 8th Street, between Southwest loth and 27th Avenue -- Chairman Gonzalez: All right. Mr. Lavernia: -- allowing by exceptions. Chairman Gonzalez: Anyone from the public that wants to speak on this item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Commissioner -- Vice Chairman Sanchez. Vice Chairman Sanchez: So move, Mr. Chair. Commissioner Spence -Jones: Second. Chairman Gonzalez: There is a motion, there is a second. It's an ordinance. 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. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Chairman Gonzalez: All right. Ms. Burns: The ordinance has passed on first reading, 5/0. City ofMiami Page 114 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 PZ.21 06-02072Iu 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 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) - OLD.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 06-020721u Submitted Max Miami.pdf 06-020721u CC SR Fact Sheet.pdf 06-020721u CC Legislation (Version 3).PDF 06-020721u-Submittal-Projects in the Vicinity Max Miami. pdf 06-020721u-Submittal-Declaration of Restrictive Covenants. pdf 06-020721u-Submittal-Max Miami MUSP Traffic Impact Study. pdf 06-020721 u-Submittal-Resu mes. pdf 06-020721u-Submittal-Max Miami Support Letters. pdf 06-020721u-Submittal by Ben Fernandez. 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 Ds 06-02072zc and 06-02072mu. 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 Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 115 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 12945 Chairman Gonzalez: Move to PZ.21. Adrienne Pardo: Thank you very much. Chairman Gonzalez: PZ.21. It's a second reading item. Mr. Lavernia. Roberto E. Lavernia (Chief of Land Development, Planning): 21, 22, and 23 are companion items. One is the -- 21 is the land use change; 22 is the zoning change, second reading on both, and number 23 is the Major Use Special Permit for that. Do you want to hear the presentation for the whole thing? Chairman Gonzalez: Yes. Yes. Hello. Harold Ruck (Planner II): All right. Hello. Harold Ruck with the Planning Department. Like has been stated, this is a second reading. It's companion item with PZ. 22 and 23, consideration for amending the Comprehensive Neighborhood Plan, Future Land Use Plan Map for the properties at 1603, 1611, 1615, 1621, 1631 Northeast Miami Place, and 1604, 1622, 1630 Northeast 1st Avenue from general commercial to restricted commercial. Planning Department recommended denial; the Planning Advisory Board recommended approval, and City Commission passed on first reading. Do you wish more? I can continue. Chairman Gonzalez: No. That's it. This is a public hearing. Anyone from the public -- I'm sorry. Wait a minute. Yes. Mr. Lavernia: Mr. Ruck just presented the land use change. What you haven't heard yet is the Major Use Special Permit presentation, since we're waiting for second reading in order to present the Major Use, so it's for the Max Miami project to be located at 1603, 11, 15, 21, and 31 Northeast Miami Place, and 1604, 22, 30 Northeast 1st Avenue, Miami, Florida. It is approximately 400 feet and 4 inches in height, with 31 story; total of 28 residential units, 168 hotel rooms and recreational amenities, 38,210 square feet of residential, 50,264 square feet of retail, 250,000 square feet of office, and 65,500 square feet of hotel use, and 1,139 total parking space. The Planning Department recommend approval of the project with conditions, and we have condition 11 to put on the record. Chairman Gonzalez: All right. Mr. Lavernia: Pursuant to design related comment received by the Planning director, the applicant shall meet the following conditions: (a) the groundfloor plan shall be redesigned to create a lively public space that promotes retail at the ground level, and also integrates the internalization of the loading, drop off and garage ramping movements; (b) the project should keep the public alley between Northeast Miami Place and Northeast 1st Avenue. This alley should be utilized for loading internal drop off or other operations; (c) the groundfloor setbacks along Northeast 16th Street and Northeast 1st Avenue, as proposed, is unacceptable. A greater building presence shall be provided on Northeast 1st Avenue. Also, an L-shape retail area wrapping these street should be relayed to the public spaces. The applicant should eliminate the proposed VIP porte-cochere vehicular drive; (e) provide dedicate [sic] pedestrian access to the groundfloor lobby entrance and the retail galleria; C2 provide additional details of the plaza groundfloor, open space, including paving material, dimensions, the water and sculpture feature, and any lighting, plaza furniture or pedestrian amenities; (g) all garage screening methods must prevent the visual appearance of lighting, mechanical, cars and other mechanical parking elements, particularly the northern facade of the building. The metal mesh located City ofMiami Page 116 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 along the primary pedestrian street without further articulation is unacceptable; (i) the use of LCD (Liquid Crystal Display) screen cannot be used for advertisement; (i) clam the materials in the horizontal intervals as part of the proposed curtain wall system to determination [sic] how it responds to the human scale; (k) conditions "a" through 'j" shall require that the revised plan must be submitted for review and approval by the Planning director -- Chairman Gonzalez: They gave him the whole alphabet. Mr. Lavernia: -- demonstrating compliance with the above conditions prior to the issuance of any building permit. Thank you. Commissioner Sarnoff Wow. Ben Fernandez: Mr. Chair, members of the Board. Ben Fernandez, 200 South Biscayne Boulevard. I'm here today with Mr. Jordi Verite, the principal of Prema T,T C, the owner of this property and the developer of this project. Also with me is Mr. Daniel Conesa ofPrema and our project architect, Dean Lewis, of D.B. Lewis Architecture & Design. We went through most of this project on first reading, and I'd like to state for the record today that we are in agreement with staffs conditions. In addition, we would like to proffer for the record an additional condition which, as we described in our first reading, we have revised this project a few times since it was first submitted. When it was initially submitted, it was less than a true SD-6, less FAR (floor area ratio). Subsequent to that, with the initiation and then the progress ofMiami 21, we further revised the project in order to try to make it more consistent with Miami 21, and we indeed did that by reducing the -- or increasing the setbacks on the east and the west side by 15 feet, so we had a five-foot setback to the east, a five-foot setback to the west. We've increased that by 15 feet on each side, which considerably reduced the building footprint, and we've also reduced the FAR of the building to a maximum of 6.0, which is what we previously represented to all of you. This is a very exciting project. It's a project that's consistent with the vision for the downtown Miami economic master plan, which is to bring a critical mass of signature and complementary uses to the media and entertainment area, and for that reason alone, and its proximity to the PAC (Performing Arts Center), we think that this project should be approved. It's located within 600 feet of a Metrorail station -- Metromover station, I'm sorry, and we have the support of many of the area property owners and developers from the area. I'd like to submit for the record the letters of support that we have from those people. I won't go over them again because we did that in the first reading on the zoning. We also held an industry event at Park Lofts for the production industry because this is going to be the -- the office space is going to be -- approximately 50 percent of that is going to be dedicated towards production and entertainment type of uses, and we had a tremendous turnout, and many of the people that attended that event also provided their support for the project, and I'd like to submit that for the record, as well, and you know, without further ado, I think I'd like to ask Dean Lewis to walk you through the architecture of the project for the Major Use Special Permit, unless you have any questions with respect to the zoning issues involved at this point. OK. Dean. Dean Lewis: Dean Lewis, project architect. Nice to meet you again. Thank you for your consideration. Our project is, as you know, a special project, and it begins with a site and a program, which are both unique. A, the site in need of development, which is essentially -- it's definitely underdeveloped at this time, and in need of a fulcrum or an impetus to booster development northward along Biscayne, its corridor as well as the Upper East Side. There's a connection also with the CRA (Community Redevelopment Agency) Omni Entertainment District that surrounds our site with the fact that our program is catered to specifically the media, arts, and entertainment industries, and as we've described previously, you'll understand this in the vertically integrated mixed -used program, which starts with three stories of galleria commercial retail. I want to reiterate the fact that we did narrow the building and increase the site actually secondary front setbacks by over 30 feet in total, offering more pedestrian -covered arcade walkway, open plaza space for special events, as well as seating cafe, and art exhibits. City ofMiami Page 117 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Immediately above the shopping or commercial retail, we have our completely dissimulated behind our brise soleil facade curtain wall our robotic parking. Immediately above that, you have the commercial office and recording post production studios as previously mentioned, catering to the industry specifically to be found and obviously complimented, and we have the pleasure of honoring here in Miami, and above that you have your five -story atrium hotel with its amenity terrace features to the southwest up on this step back here, the facades and the volumes articulating with differing heights to further reduce the impact and articulate a skyline unique feature and a gateway component that brings this atrium through the building east to west, as well as terraces and balconies on all levels, including the commercial offering four -quadrant views and panoramic vistas. You'll terminate the building with its star gazer terrace, and the condominium residences directly integrated with the hotel. The facades are broken into two systems; one vertically emphasized emollient brise soleil system, the other horizontal; two tints; one light sea green and the other light silver blue, and again, emphasizing the shifting in sliding of the two volumes, triangular in plan, forming a very efficient square, an internal vertical circulation system, and also exposing or pulling its skirt up to further emphasize the retail and pedestrian activities that are going on at street level, and that's about it. Chairman Gonzalez: All right. Meeting is open to the public. Mr. Lewis: May I take one moment to introduce Jordi Verite for just a overview of how well he's brought this to the industry. We also have developer support and -- Jordi Verite, owner. Mr. B. Fernandez: And just one more thing before we hear from Jordi. I just want to incorporate for the record all of the testimony from the first reading into both the Major Use Special Permit and the second reading on this hearing because I don't want to go over everything, but I want to make sure that it is part of the record. Thank you. Jordi. Chairman Gonzalez: All right. Jordi Verite: I thank you for having us here. My name is Jordi Verite. This has been a long journey for me. It's been over three years. I'm not experienced in developing property, but I do have a lot of experience in technical facilities. We build TV (television) stations all over the world, and that's our main business. Commissioner Sarnoff What do you build? I'm sorry. Mr. Verite: TV stations. Commissioner Sarnoff TV, oh. Mr. Verite: Yeah. We have a company -- a system integration for TV station with the Sony, (UNINTELLIGIBLE), Latin America, Panasonic, and many other brands. Basically, we start with a dream, was a beautiful dream of building a small building, but with all the support from the industry, all the production companies, TV stations, we start dreaming to make something larger, and now we have a project that is needed in Miami, I believe, because we are going to offer a turnkey solution for many companies come to Miami to film. This is a green building. I want to repeat that. It was a green building from the very first day, and we thought that was the way to go, with also a very green industry, which is TV production and video production and recording. We have a developer, Mr. Paul Murphy, that has come here for the first year, and he showed the interest. We are striking a deal to develop the property and to move forward and to finish this building as soon as we are approved. I thank you for your support. I believe in this project. That's why I invest so much time and money, andl think the City will benefit much for it. Thank you. Chairman Gonzalez: Thank you. All right. Yes, sir. City ofMiami Page 118 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Charles Cutler: Charles Cutler, 706 Northwest 4th Avenue. In the Overtown community, we're very enthusiastic about this project, and we're glad that finally we're moving forward with this particular project in terms of development, but what we're also looking forward to is participation in terms of the employment because the community that you're coming into has been a historically poor community because of development and because basically, we're being left out of the economic mainstream, and from what we can see now, this is a tremendous opportunity and it's time for Overtown to grow, and we thank you for allowing us to grow, but let us grow with you. Let us work together. Let's create partnerships so that we'll be able to enjoy the economic prosperity that this project would truly bring. Thank you. Chairman Gonzalez: Thank you. Next. Applause. Chairman Gonzalez: No clapping, please. Saul Cimbler: Good afternoon. Saul Cimbler, with Strategic Consulting Group. I'm here on behalf of.ferin Associates, which is a property owner within the 500-foot cone of advertising and influence. With your permission, I'd like to hand out some documents so we can make this faster. As I was handing it out, one of the Commissioners asked me are these e-mails (electronic). To clam, they're not. The first document and the only document Mr. Fernandez doesn't have, I gave him a copy of. Within the application packet for the MUSP (Major Use Special Permit), Planning presents a projects in the vicinity map, and the map that they created was -- and I'm not saying it was intended to, but it was factually incorrect and had tremendous omissions, so for ease of understanding, I went ahead and took what they did and clarified it so that it's understood exactly what's there and what is coming. The map that was presented was unclear to that effect, but let me first start with the -- and take it in the order that it's been brought to you. To begin, I also am asking that the prior presentation that I made on the first reading be incorporated in the record and given the same dignity that Mr. Fernandez's request will be given should there be an appeal on this matter. The crux of the issue, not on the MUSP, is what I want to talk about first, which are the land -use changes and designation to the SD-6. But for the attempt of -- and creative attempt of this developer to utilize an SD-6, they would be coming to this Commission, as the folks from the Bayview Marketplace did, and the folks from Park Lofts, andl believe from Filling Station did, needing to ask for a variance, a legal procedure that has certain restraints to it. What they are doing -- and I've got to congratulate Mr. Fernandez because he's very creative -- is in order to avoid that implication, to avoid that legal requirement, he's trying to get this approved as a land -use change along with a change to an SD-6. He has now proffered a covenant, and that is the declaration of restrictive covenant, which I gave to each Commissioner. Now, I asked at the last hearing ifMr. -- Mr. B. Fernandez: I have to object to this. There was no mention of a covenant, not at this reading. What we did is proffer a series of conditions in our presentation. The covenant is really not relevant. Mr. Cimbler: Mr. Fernan -- Mr. -- Vice Chairman Sanchez: All right. Your objection -- Mr. Cimbler: I didn't -- Vice Chairman Sanchez: -- is stated for the record. Continue, please. Mr. Cimbler: I did not cut you off. I asked for this last time because he made the reference to a covenant. I sent him two e-mails, andl even asked the City Clerk to put that e-mail on the City ofMiami Page 119 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 record. I was able, through staff at the Hearing Boards who are -- don't play games. Whatever you ask, you get, if they've got it -- to get a copy of this covenant, and it's very important because one of the issues is this not only is an attempt to create a de facto variance. It is, as the Zoning Department has told you and as the Planning Department has told you, spot zoning, which, in and of itself is illegal. To try to convince this Commission that it's OK in this instance, they're going to give a -- or have proffered a declaration of restrictive covenant, and as Mr. -- Commissioner Sarnoff has said, once people walk away from the podium, they do certain things. This is as bad as a -- to use an analogy at lunchtime -- bad bologna sandwich with Swiss cheese because all this developer has to do -- this proj -- this covenant does not tie this project down forever to this. I understand that this Commission would like to see this particular project built, but has been done all throughout Edgewater. You have developers come in and tell you this is what we're going to do, and like they did with Ice and as they did on 30th Street, the next day they sell the project. Why? Because they have an open-ended covenant, like this one, which says all they need to do is come back to the Zoning Board or the City Commission, and if the political process permits, at that time, which may be a time that none of the Commissioners who are here today may be in office, they can go and they can go ahead against exactly what this Commission thought they were voting for, and the residents in the community are going to be impacted by that, so as relates to the zoning change, it's a de facto variance. This covenant does nothing to tie this down. My client may feel a little bit more comfortable if this covenant said -- if this covenant locked them down and said that they will not come to the Zoning Board, they will not come to the Commission, but it's really an insult to the citizens ofMiami, who are watching on TV (television), to believe that this Commission was given something that protects them, andl don't think the Commission's probably had the -- Commissioner Sarnoff But -- let me -- Mr. Cimbler: -- opportunity to even read this covenant. Commissioner Sarnoff Mr. Cimbler, let me ask you a question. Mr. Cimbler: Yes. Commissioner Sarnoff What if this Commission was inclined to build this building? What part of the covenant would you take out that would restrict them to this building, like what paragraph? Mr. Cimbler: Well, I'm not here to edit it. That would be something for staff and for yourself, who is in a better position, but if the City truly -- andl'm not saying the objection would go away -- believes that this covenant and intends this covenant to lock this developer into this specific project, you need to make it so that they cannot come back to the City Commission, they cannot come back to the Zoning Board. They either build it or they don't, andl'm not insensitive to a lot of the political pressure that there is to build certain projects, and when I get into the MUSP presentation, I'll tell you why I don't think this is the appropriate project or the appropriate use of that, so those are the major issues that you basically have here, so with your permission, I would now like to go into the matters because it's lunchtime andl don't have a lot on the MUSP, and we can get to it rather -- Vice Chairman Sanchez: All right. Mr. Cimbler: -- directly. Vice Chairman Sanchez: So you want to put it on the record now? Mr. Cimbler: With your permission. City ofMiami Page 120 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Vice Chairman Sanchez: You're recognized. Mr. Cimbler: And for the record, I'm going to give the City Commission -- the City Clerk -- Madam Clerk each of the documents, and I'm going to refer to the map as "A," which is the colored map, the covenant as "B, " and the large composite as "C." Ms. Chiaro: Mr. Chairman, we have not received any of those documents -- Mr. Cimbler: Would you like to -- them now or would you --? Ms. Chiaro: -- and it is up to this City Commission as to whether the City Commission wishes to accept those documents as part of the record. Mr. Cimbler: News to me, but I'm -- Vice Chairman Sanchez: I think we've always accepted it. Commissioner Sarnoff The point being, though -- and she makes a good point -- are you prepared to read everything that's in front of you right now in rendering your decision? Because by doing so and by accepting them, there's an implication that you have read everything. Mr. Cimbler: I would clam to make it easy. The large document is nothing but documents that are part of the MUSP application. They're not documents I created. You should have -- been in your packet and read. Commissioner Sarnoff Understood, but there is, Mr. Cimbler -- and I'm going to address this with Mr. Fernandez -- a five page legal agreement. I'm OK with accepting because I'm going to ask some questions ofMr. Fernandez, so I -- Madam City Attorney, I'm OK with it. Vice Chairman Sanchez: So the only document the Commission is willing to accept for the record is the declaration of restrictive covenant. Commissioner Sarnoff Well, no. He's saying this is part of the MUSP that we should have read. I can accept that, you know, we have read that. He's giving us a picture. I can accept that we can look at a picture, and then the declaration of restrictive covenant, which he refers to as "B, " I have some questions I'm going to ask Mr. Fernandez of. Vice Chairman Sanchez: All right, so what -- you're willing to accept -- Commissioner Sarnoff I would suggest we take them all -- Vice Chairman Sanchez: All right. Commissioner Sarnoff -- in this circumstance. Ms. Chiaro: Andl would like then to have copies of them. Vice Chairman Sanchez: All right. Madam Clerk -- Commissioner Sarnoff Andl think Madam City Attorney should be -- Vice Chairman Sanchez: -- could we provide -- Commissioner Sarnoff -- there diligently reading. City ofMiami Page 121 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Vice Chairman Sanchez: -- the City Attorney -- Mr. Cimbler: With your permission, I'll take a two -second effort to make sure that Madam City Attorney has them. Commissioner Sarnoff And we'd like your opinion on it in the next 90 seconds. Pamela E. Burns (Assistant City Clerk): And the City Clerk. Mr. Cimbler: Yeah, yeah. And for the record, Mr. Fernandez now has a copy of that -- Vice Chairman Sanchez: Well, can -- Mr. Cimbler: -- same Exhibit A, B, and C. Vice Chairman Sanchez: -- I make a suggestion? Can we break for lunch, giving us time to read the documents, and when we come back at whatever time the Commission wants to come back, we'll proceed with this, giving us time? I mean, you want to do that, Commissioner? Commissioner Sarnoff That's fine with me. I think they'll get through it. I mean, I have some questions in the restrictive covenant. Let me get to the questions. Mr. Fernandez, is there a way that if you really liked your building -- and to be truthful with you, I have actually spoken about your building, not yours, but your client's -- Mr. B. Fernandez: Yes, sir. Commissioner Sarnoff -- that I could say to this Commission, I know this building will be built without you coming back for further modification? Mr. B. Fernandez: Absolutely. The approval will be per plans on file, and any modification to those plans on file require that we comply with the City Code's nonsubstantial modification guidelines, which not only require that the footprint remain essentially unchanged and that the setbacks not be increased, but it also has a provision that gives the Planning director specific authority to determine on a subjective level whether or not there's been any aesthetic or architectural change which makes it a significantly different project, so -- and that decision can be ultimately left to you, obviously. Mr. Cimbler would have the ability to appeal that, if he were upset with it, and bring it back to you, and you would have the ultimate say in whether or not it's Commissioner Sarnoff In your declaration -- since I have not read them, and I'm not the speediest reader in the world -- is there a section in here that suggests that you could bring it back to the Commission? Mr. B. Fernandez: We would not have to bring it back. The -- any modification would be -- could be approved administratively. However, there is a right to appeal, which then would bring the matter back to the Commission. Commissioner Sarnoff I'm a little lost on that. Mr. B. Fernandez: It's -- well, you get -- once it's approved, if we want to change anything -- Commissioner Sarnoff Right. Mr. B. Fernandez: -- it goes back to staff. City ofMiami Page 122 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Commissioner Sarnoff I got you. Mr. B. Fernandez: Staff determines whether or not it's the same project. Commissioner Sarnoff They determine it's a nonsubstantial -- Mr. B. Fernandez: Or if it's substantial, then -- Commissioner Sarnoff Then it comes back. Mr. B. Fernandez: -- we have to come back to you anyway. Commissioner Sarnoff Is that what you're complaining about, the fact that they can come back, the fact that it's substantial? Mr. Cimbler: Well, there was -- Commissioner Sarnoff Or is there wording in this document that disturbs you? Mr. Cimbler: The document sets up nothing other than a political ability to come back in to a future Commission and defeat your desire in 2007. Commissioner Sarnoff Just reference me the section. Mr. Cimbler: Two and five. Commissioner Sarnoff It's always the one with all the subparagraphs. Thanks. Mr. Cimbler: And as -- about the fifth line on "B," it says the covenant shall remain in full force and effect and binding upon the undersigned, their heirs and assigns [sic] until such time as the same may be released in writing by the City ofMiami Commission after a public hearing which public hearing shall be applied for at the expense of the owner, and then paragraph 5 on amendments says that the instrument may be modified, amended, or released as to any of the portion of the property by a written instrument executed by the owners of the fee -simple title to the land to be affected by such modification, amendment or release, providing that same has been approved by the City ofMiami Zoning Board or -- Commissioner Sarnoff City Commission. Mr. Cimbler: -- the City ofMiami Commission after a public hearing, so they don't have to come back to you. They can go to the Zoning Board Now they're telling you that they believe they have the right to administratively ask for a nonsubstantial MUSP modification, which is an issue that's creeping in the community because you have all these MUSPs out there that citizens came and agreed or objected to that suddenly you're being stripped of what that Commission thought was being built. Commissioner Sarnoff Well, what we have are buildings that are a percentage done that you're suddenly seeing residential converted to commercial or hopefully being done so. Mr. Cimbler: Correct, so these covenants are dangerous because it gives a false sense to the community that's watching that didn't come down here that their Commissioners had been told this is the sandwich that we're eating, and that's not what that says. That's and open-ended document. They could -- they're now telling you that now they have four prongs of attack for getting out of this. I don't think there's much disagreement that this is spot zoning; both Planning and Zoning agree. City ofMiami Page 123 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Mr. B. Fernandez: Of course there's disagreement. No one agrees with that position. Mr. Cimbler: I'm not saying -- Mr. Fernandez, I understand that, but I'm saying there's no argument from the departments that this is spot zoning, and in and of itself, (UNINTELLIGIBLE) up on appeal, they've got an issue. Commissioner Sarnoff Mr. Fernandez, let me ask you this. Is this your standard language that you usually put in? Mr. B. Fernandez: Absolutely. This has been reviewed for legal sufficiency. In this case, that paragraph is actually redundant because we don't even need a covenant. The MUSP conditions will require that we develop in compliance with this plan, and any change would have to go back to the department, so that is a standard covenant. It's boiler plate language. I defer to legal counsel on that, but the fact is -- Commissioner Sarnoff Wait a minute. Madam City Attorney, what he's essentially citing is the law, correct? Ms. Chiaro: That's correct. Commissioner Sarnoff In other words, if he wanted to come back and make a change, nobody could ever take that right away from him. Ms. Chiaro: That's correct, nor could a future City Commission be bound -- Commissioner Sarnoff By something -- Ms. Chiaro: -- as to what it was going to do. Commissioner Sarnoff OK. Mr. B. Fernandez: Andl wouldjust like -- there were some things said on the record that were - Mr. Cimbler: I'm not done with my presentation. I mean, if he wants to rebut, then -- Mr. B. Fernandez: -- that are just incorrect. Before we moving onto your MUSP -- Vice Chairman Sanchez: Wait, wait, wait, wait, wait, wait. Are you done with your presentation? Mr. Cimbler: No, I'm not. Vice Chairman Sanchez: Well, let him continue -- Mr. B. Fernandez: All right. Vice Chairman Sanchez: -- with his presentation, and then you could rebut. Mr. Cimbler: All right. Vice Chairman Sanchez: All right. Sir, you may proceed. Mr. Cimbler: And just so there's no misunderstanding, that's still the problem, the declaration of City ofMiami Page 124 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 covenant because not only am I here on a professional basis, I'm also the president of a neighborhood association that abuts this, and we're very concerned about those issues, but that's not here before you today. We do know that there is another project in the neighborhood that is now coming up and claiming that they're entitled to a nonsubstantial MUSP, and all they had to do was go to Planning and get Planning and Zoning to agree and now that's coming back to you, and that's the Bayview project, but that's not here for today. Now let's talk about -- Mr. B. Fernandez: Can you identify that association for the record? Mr. Cimbler: I'm vice president of NEAR, the Northeast Area Residents, but they're -- I'm not making a presentation for NEAR today. Mr. B. Fernandez: Are they registered with the state of Florida? Mr. Cimbler: They're registered with the State of Florida. In fact, Commissioner Sarnoffs office has had one of his staff members attend several of our meetings and has provided us with some input. Mr. B. Fernandez: And are you authorized to speak on their behalf? Mr. Cimbler: I just said I'm not here on their behalf. Vice Chairman Sanchez: All right. Listen, you'll do that on rebuttal. Let him finish. Mr. Cimbler: OK. Now, let's get to the map that we have in front of you because when Mr. Lewis, who I respect tremendously as an architect in all respects, spoke, he said that this area is undeveloped. Well, when you take a look at this, I'd like you to go through it with me. Project number 1 is the Park Lofts, which is to the -- and -- does anybody have the mike? Mr. Lewis: Here you go. Mr. Cimbler: For the record, we're talking about Exhibit A, which is the mark-up of the projects in the vicinity map. Now, to make it perfectly clear, this legend on the bottom, I changed. It's not the legend that is in your package. I went ahead and corrected it. One of the reasons that it was wrong, maybe it was done a year and a half ago, but want to call your attention -- project number 1 is the completed Park Lofts project. Project number 4 is the project that is in front of you today. Project number 3 is the Filling Station project, which is somewhat of a sister project, but the same developer as Park Lofts, and project 5 and 5A are the Bayview Marketplace. Now, these are the ones that we know have dove in the water and have submitted plans and/or are under construction. This does not include other major parcels that are under play. Another one that's on here that's affected is number 2, which is the Urbana Tower project, which is where the old -- well, the S&S Cafeteria is still there, but eventually, the S&S Cafeteria will be closed down. What is the -- one of the major issues with this MUSP besides the fact of the SD-2 overlay is this. You are relying -- and invite your attention to page 2 of Exhibit C. Staff has obtained a traffic study, and we've seen traffic studies, and we have a saying in Spanish where I come from (Comments made in Spanish), which basically means the paper will say exactly what you want it to say. The traffic study -- and go back to page 1-- clearly states that it only analyzed those projects that were in the works as of October 2005. That's two years ago, and when you go to page 2 now of Exhibit C, you'll note that the only project that the traffic study analyzed was the Bayview Marketplace, as it was known back then. Bayview Marketplace has changed traffic circulation, and I'll get to that in a minute, so when the traffic study was done, going back to Exhibit A, Park Lofts wasn't considered, the Filling Station wasn't considered, the Urbana project wasn't considered. All they considered was what the effect was of parcel 5 because after they got their MUSP approval, for reasons that are unknown, the owners of Bayview bought parcel 5A, and parcel 5A to the west is North Miami Avenue; parcel 5 to the east is Northeast City ofMiami Page 125 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 2ndAvenue, so what you now have is a situation where you're being asked to approve a Major Use Special Permit for what is an industrial facility with a couple of condominiums and some office space that is going to be used for that industrial facility. You do not have in front of you competent substantial evidence that the traffic circulation will be sufficient. Let's just take a look at the Bayview Marketplace as we know it today, andl believe their counsel was -- is in the room or was in the room, so that she can correct me if I'm wrong. The Bayview Marketplace, up to parcel 5, is about a two million square foot structure containing 646,000 square feet of retail space. It was originally, when presented to you, a pedestrian friendly structure that was supposed to have little stores, like Starbucks and stuff. That's been -- that's out now when they come back to you. They also were going to circulate traffic right here on 17th Terrace, which they're no longer doing it. Their plans now call for them to come up 16 Street down pass this project that they want you to approve, so every truck that's going to go into the Lowe's and the Wal-Mart and everything else is going to intersect with the traffic circulation of a project that they want you to now approve, and it's important when you look at this that you take into consideration what the head of the Zoning Board said when they denied this project, and her words -- andl can pretty much quote them was -- it's getting to the point in this area that it's going to be like the Jetsons; you're going to have get around in backpacks, and if you approve this project, that's exactly what you're going to do. This proj -- massive project is now going to be 40 stories. It's going to sit on top of the 12 or 13 floors that the Park Loft residence, people who thought they were buying in a community to live in -- Vice Chairman Sanchez: Counsel, let me interrupt you, andl apologize -- Mr. Cimbler: I'm not an attorney. I'm just a lobbyist. Vice Chairman Sanchez: I apologize. Well, listen, in all fairness, I think you've gotten more time than they have, so in conclusion -- Mr. Cimbler: OK Let me -- Vice Chairman Sanchez: -- so he could have time for rebuttal, and we could move on. Thank you. Mr. Cimbler: -- sum up as best as I can, although I do need a little bit more time. I would call your attention to the SD-6 ordinance, which they are trying to use as the catapult to do what they're doing. The SD-6, with the exception of the SD-6.1, which is specific for the PAC (Performing Arts Center), says that this is to be used to encourage high -density residential and office development with major retail shopping and entertainment activities. It's not for industrial facilities or industrial production. I would also call to the attention -- and there were other things that was going to mention, but Mr. Lavernia stated certain conditions that think ameliorated, but if you'll give me just one second. The SD-6 requires certain ratios for parking that don't seem, I believe, to be met, but I'm not a -- I'm not sure about that, butl will put that on the record that I don't think it's met, so you're being asked today to consider a project in a neighborhood that is overdeveloped as it sits. You're being asked to do this in a neighborhood where traffic circulation is a mess, and only one or two projects are out, andl invite each one of you to go out there one day as I do frequently at 8 o'clock in the morning, and collide with cars as I'm leaving -from the S&S Cafeteria, and also ask you to consider that the SD-6 that they're trying to do doesn't permit them to accomplish what they want to do, so I would have had more to say, but for the record -- Vice Chairman Sanchez: I believe we've allowed you enough time to establish your record. Now, counsel, rebuttal. Mr. Cimbler: Does --? City ofMiami Page 126 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Mr. Fernandez: Sure. Thank you, Mr. Chair. Vice Chairman Sanchez: All right. How much time are you going to need for rebuttal, counsel? Mr. B. Fernandez: Just five minutes. That's all. Vice Chairman Sanchez: You're recognized for five minutes. Madam Clerk, time, please. Mr. B. Fernandez: I want to submit for the record the ordinance that was approved for the Filling Station Lofts project that Mr. Cimbler references on his map, which, by the way, I don't know where he got this map. It's not an official map of the City ofMiami. It's not a zoning map. It's something that he has put together, so I don't know how accurate this is. I will tell you, however, that his description of this project as spot zoning is entirely inaccurate. Given the fact that the Filling Station property was approved with an SD-19 FAR bonus, which I don't believe Mr. Cimbler knows about or understands, which makes our project a transitional one into that area, and I'll submit that for the record. In addition, your -- how can this be spot zoning when your own future land use plan map calls for residential densities of up to 500 dwelling units per acre in this area? What happened, with all due respect, is that this area hasn't experienced much development in years. It's been a no-man's land. There is no traffic in the area. Anyone that drives in this area can test fy to that, and so there haven't been any applications to rezone any land to bring it into consistency with the land -use plan map. However, for years your future land -use plan map has recognized this area as one that is directly connected to downtown. In fact, the street that we are on, First Avenue, is one of the only streets that connects you directly through downtown and that the McArthur Causeway embankment does not block off. Biscayne Boulevard and First Avenue are the only streets that provide that sort of connection, so this sort of project is entirely appropriate on our property. Furthermore, even though this may not be entirely relevant, every one of your studies that you have commissioned as a board in relation to Miami 21 and otherwise all are proposing higher intensity uses for this area as part of the changes that need to take place to bring it more in line with the comprehensive plan. With respect to traffic, the projects that Mr. Cimbler indicates that our traffic study didn't consider, they didn't consider because they're already built. Park Lofts was built before we submitted an application. It's one of the few things that was built there, and some of the warehouses that are there were also already in existence. He mentioned that our project is 40 stories, I believe, in his presentation. It's not. We've reduced the height. It's a 30-story project. The uses that we're involved with, the production uses are not industrial uses. Your own Code provides that those are commercial uses permitted under C-2 zoning or C-1 zoning, which the property's already zoned C-2, so I don't understand any of Mr. Cimbler's arguments. If you have any questions about what I've just said in rebuttal, I'll be happy to answer them, butt really don't --I don't really think that he understands what our project is about or what the SD (Special District) overlay is about or what the future land -use plan map calls for in this area. Vice Chairman Sanchez: All right. Has that --? Mr. Cimbler: Can I have a 20-second rebuttal? Vice Chairman Sanchez: No, no, no, no, no, no. There's no rebuttal. That concludes your rebuttal, sir, Mr. Fernandez? Mr. B. Fernandez: Yes, it does. Vice Chairman Sanchez: All right. Madam Clerk, has this been opened to the public? Mr. Cimbler: Yes. Chairman Gonzalez: I think it was. I -- City ofMiami Page 127 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Commissioner Sarnoff It would have had to have been. Vice Chairman Sanchez: I just want to make sure. Chairman Gonzalez: -- open it to the public. Mr. B. Fernandez: Just like to ask if Mr. Cimbler's a registered lobbyist. Vice Chairman Sanchez: No. Mr. B. Fernandez: I don't think the question's been asked on this matter. Mr. Cimbler: I am not -- Chairman Gonzalez: I think I did. Mr. Cimbler: -- only a registered lobbyist -- Chairman Gonzalez: I did open it. Mr. Cimbler: -- but I've registered ad nauseam -- Vice Chairman Sanchez: OK. Mr. Cimbler: -- on this project. Vice Chairman Sanchez: All right. Let's maintain some order here now. Madam Clerk? Ms. Burns: Yes, it has been. Vice Chairman Sanchez: It has been. It comes back to the Commission. Commissioner -- Commissioner Sarnoff Let me make a -- Vice Chairman Sanchez: -- Sarnoff, you're recognized for the record. Commissioner Sarnoff -- motion to approve the project -- to approve PZ -- Chairman Gonzalez: 21. Commissioner Sarnoff -- 21. Vice Chairman Sanchez: Right, with -- Chairman Gonzalez: I second -- Commissioner Regalado: Second. Chairman Gonzalez: -- the motion. Commissioner Sarnoff (UNINTELLIGIBLE) no -- Commissioner Regalado: Second. City ofMiami Page 128 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Chairman Gonzalez: I'll second the motion. Commissioner Sarnoff PZ.21 with the -- no. That doesn't need the -- Vice Chairman Sanchez: No, no, no, no. Commissioner Sarnoff Right. Chairman Gonzalez: With the conditions. Vice Chairman Sanchez: PZ -- there's one that just -- we already voted on that one, which was the first one. Now you need the conditions on the second one. Commissioner Sarnoff On 22, we -- Chairman Gonzalez: No. We haven't voted on any -- Ms. Burns: We have not -- Commissioner Sarnoff Right. We haven't -- Ms. Burns: -- voted on PZ. 21. Vice Chairman Sanchez: I apologize, so -- Chairman Gonzalez: PZ.21 now. Vice Chairman Sanchez: -- there's a motion by Commissioner Sarnoff to approve, second by the Chair, Commissioner Gonzalez. No further discussion. It is a ordinance on -- Jorge L. Fernandez (City Attorney): This is item 21. Chairman Gonzalez: An ordinance on second reading. Mr. J. Fernandez: Correct, for second reading? Vice Chairman Sanchez: OK. It's an ordinance on second reading. Mr. City Attorney, read the ordinance into the record, followed by a roll call. Mr. J. Fernandez: Yes. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Sanchez: Roll call. Ms. Burns: Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has been adopted on second reading, 4/0. PZ.22 06-02072zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), AMENDING PAGE NO. 23, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE City ofMiami Page 129 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 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 06-02072zc Submitted Max Miami.pdf 06-02072zc CC SR Fact Sheet.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. ZONING BOARD: Recommended denial to City Commission on February 26, 2007 by a vote of 5-2. See companion File IDs 06-02072zc and 06-02072mu. 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 Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 12946 Vice Chairman Sanchez: All right. PZ.22. Jorge L. Fernandez (City Attorney): It's companion, and all the evidence you heard also applies to 22 likewise, so it's incorporated into the record. City ofMiami Page 130 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Saul Cimbler: For the record, I would -- Vice Chairman Sanchez: All right. Mr. Cimbler: -- re -- Mr. Fernandez: Yeah. I've just -- Mr. Cimbler: -- submit the -- Mr. Fernandez: -- stated that the record contains -- Vice Chairman Sanchez: The City Attorney has proffered that for you, sir, OK. It is an ordinance on second reading. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed for the record; coming back to the Commission. Commissioner Sarnoff. Commissioner Sarnoff Make -- I would make a motion to approve with the conditions as specified by the various agencies, the Planning Advisory Board, as well as -- Vice Chairman Sanchez: All right. Commissioner Sarnoff -- the -- Vice Chairman Sanchez: And those conditions have been put on the record. There's a motion -- Chairman Gonzalez: I'll second. Vice Chairman Sanchez: -- by Commissioner Sarnoff, second -- Chairman Gonzalez: Second it with conditions. Vice Chairman Sanchez: -- by the Chair, Commissioner Gonzalez. Commissioner Sarnoff Together with the covenant. Mr. Fernandez: And the MUSP (Major Use Special Permit). Vice Chairman Sanchez: All right. Mr. Fernandez: I would consider, and then I would need to hear from staff that all the conditions that you have talked about, the stipulations and the proper -- attached to the MUSP, which is your next item, not this one. Commissioner Sarnoff Oh, I'm sorry. Chairman Gonzalez: All right. Vice Chairman Sanchez: So we'll -- Mr. Fernandez: All right. Vice Chairman Sanchez: -- do it at the next item. Mr. Fernandez: So this is an ordinance also on second reading. City ofMiami Page 131 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Sanchez: All right. Roll call. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has been adopted on second reading, 4/0. PZ.23 06-02072mu 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 MAX MIAMI PROJECT TO BE LOCATED AT APPROXIMATELY 1603, 1611, 1615, 1621, 1631 NORTHEAST MIAMI PLACE AND 1604, 1622, 1630 NORTHEAST 1ST AVENUE, MIAMI, FLORIDA, TO CONSTRUCT A 31-STORY MIXED -USE TOWER APPROXIMATELY 400 FEET AND 4 INCHES IN HEIGHT; TO BE COMPRISED OF APPROXIMATELY 28 TOTAL RESIDENTIAL UNITS, 168 HOTEL ROOMS AND RECREATIONAL AMENITIES; APPROXIMATELY 38,210 SQUARE FEET OF RESIDENTIAL FLOOR AREA, APPROXIMATELY 50,264 SQUARE FEET OF RETAIL SPACE, APPROXIMATELY 250,000 SQUARE FEET OF OFFICE SPACE, APPROXIMATELY 65,543 SQUARE FEET OF HOTEL USE; AND APPROXIMATELY 1,139 TOTAL PARKING SPACES; 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 132 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 06-02072mu-PAB Supporting Documentation.pdf 06-02072mu PAB Reso.PDF 06-02072mu CC Projects In the Vicinity.pdf 06-02072mu CC Legislation (Version 2).pdf 06-02072mu Exhibit A.pdf 06-02072mu Exhibit B.pdf 06-02072mu Outside Cover.PDF 06-02072mu Table of Contents.PDF 06-02072mu A. Letter of Intent.PDF 06-02072mu B. Application for MUSP, Comprehensive Plan & Rezoning.PDF 06-02072mu C. Zoning Write-up.PDF 06-02072mu D. Legal Description.PDF 06-02072mu E. Aerial.PDF 06-02072mu F. Zoning Atlas Page 23; Land Use Map.PDF 06-02072mu G. Project Data Sheet.PDF 06-02072mu H. Warranty Deed(s) and Tax Forms.PDF 06-02072mu I. Ownership List and Mailing Labels.PDF 06-02072mu J. State of Florida Corporate Documents.PDF 06-02072mu K. Directory of Project Principals.PDF 06-02072mu L. Project Description.PDF 06-02072mu M. Minority Construction Employment Plan.PDF 06-02072mu N. Sufficiency Letter and Traffic Impact Analysis.PDF 06-02072mu O. Site Utility Study.PDF 06-02072mu P. Economic Impact Study.PDF 06-02072mu Q. Site Plans for Property including Survey & Photos of Property.PDF 06-02072mu Environmental Impact Study.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 approval with conditions*. PLANNING ADIVSORY BOARD: Recommended approval with conditions* to City Commission on May 2, 2007 by a vote of 9-0. See companion File Ds 06-020721u and 06-02072zc. *See supporting documentation. PURPOSE: This will allow the development of the Max Miami project. Motion by Commissioner Sarnoff, seconded by Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0550 Chairman Gonzalez: PZ. 23. City ofMiami Page 133 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Vice Chairman Sanchez: All right. PZ.23 is the MUSP (Major Use Special Permit). Chairman Gonzalez: That's the MUSP. Commissioner Sarnoff That's the MUSP. Vice Chairman Sanchez: All right. It is a resolution. It is open to the public. Anyone from the public wishing to address this item, please step forward to be recognized. Seeing none, hearing none, the public hearing is closed. Saul Cimbler: For the record, I would reincorporate the -- Vice Chairman Sanchez: Yes. Mr. Cimbler: -- arguments I made at the first reading and also today into the record with -- Vice Chairman Sanchez: All right. Mr. Cimbler: -- the permission of the Commission. Vice Chairman Sanchez: Applying to PZ.22 and 23. Public hearing is closed; coming back to the Commission. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff I would make a motion to approve with the subject FAR (floor area ratio) limit as specified by counsel, as well as his covenants and the recommendations by the various boards. Vice Chairman Sanchez: All right. Chairman Gonzalez: I'll second the motion. Vice Chairman Sanchez: There is a motion by Commissioner Sarnoff second by the Chair, Commissioner Gonzalez. The item is under discussion. This is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay. "Madam Clerk, it carries, 4/0. All right. Chairman Gonzalez: All right. Vice Chairman Sanchez: That concludes that, and the Chair will -- Ben Fernandez: Thank you. Vice Chairman Sanchez: -- make a motion -- Chairman Gonzalez: All right. Vice Chairman Sanchez: -- to recess. PZ.24 07-00641ha RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR City ofMiami Page 134 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 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. 07-00641ha Appeal Update with Photo.pdf 07-00641ha Appeal Letter.PDF 07-00641ha HEPB Fact Sheet.pdf 07-00641ha Zoning Map.pdf 07-00641ha Aerial Map.pdf 07-00641ha Application & Photos.PDF 07-00641ha HEPB Reso.pdf 07-00641ha Legislation (Version 2).pdf 07-00641ha Legislation (Version 3).pdf 07-00641ha CC 07-26-07 Fact Sheet.pdf 07-00641ha Submittal Photos -Jeanne Lui.pdf 07-00641ha CC 09-27-07 Fact Sheet.pdf LOCATION: Approximately 5255 Biscayne Boulevard [Commissioner Marc David 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. DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, to defer item PZ. 24 to the City Commission meeting currently scheduled for October 25, 2007. Chairman Gonzalez: Now we have PZ. 24 is to be deferred by the Administration. Is that -- Commissioner Spence -Jones: Yes. Chairman Gonzalez: -- correct? Jorge L. Fernandez (City Attorney): To October 25. Chairman Gonzalez: To October 25. City ofMiami Page 135 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye. The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. That concludes the -- Vice Chairman Sanchez: No. Chairman Gonzalez: -- regular -- No? Vice Chairman Sanchez: Don't you have -- Commissioner Spence -Jones: Blue pages. Vice Chairman Sanchez: -- Commission -- Commissioner Sarnoff Blue pages. Vice Chairman Sanchez: -- blue pages? Commissioner Sarnoff Yeah. Chairman Gonzalez: No, but you haven't let me finish. Let me express myself. Vice Chairman Sanchez: You're running this meeting. I apologize. Chairman Gonzalez: Let me express myself. We have finished the Planning & Zoning agenda. Now we're going to go back to blue pages and pocket items. Mr. Vice Chair, you -- Vice Chairman Sanchez: I have none. Chairman Gonzalez: -- shot the gun too fast. PZ.25 07-00792v RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD, THEREBY DENYING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 19, ARTICLE 4, SECTION 401, "C-1" RESTRICTED COMMERCIAL, TO ALLOW A RELAXATION OF THE TERMS OF THE ORDINANCE IN LOT COVERAGE, SUBJECT TO ALL APPLICABLE CRITERIA, 46.6% PROPOSED, 40% ALLOWED; AND TO ALLOW A RELAXATION OF THE TERMS OF THE ORDINANCE IN HEIGHT SETBACK, SUBJECT TO ALL APPLICABLE CRITERIA, 69'11" PROPOSED HEIGHT (NGVD AT BEGINNING OF 63 DEGREE SLOPING PLAN FOR ADDITIONAL HEIGHT LIMITATION), 51'6" ALLOWED HEIGHT (NGVD AT TOP OF RIDGE), FOR THE PROPERTY LOCATED AT APPROXIMATELY 11 SOUTHWEST 59TH AVENUE, MIAMI, FLORIDA. City ofMiami Page 136 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 07-00792v Analysis.pdf 07-00792v Zoning Map.pdf 07-00792v Aerial Map.pdf 07-00792v Letter of Intent.pdf 07-00792v Application & Supporting Docs.pdf 07-00792v Zoning Write Up.pdf 07-00792v Plans.pdf 07-00792v ZB 07-30-07 Fact Sheet.pdf 07-00792v ZB Reso.PDF 07-00792v Appeal Letter.PDF 07-00792v CC Legislation (Version 3).pdf 07-00792v Exhibit A.pdf 07-00792v CC Legislation (Version 4).pdf 07-00792v Exhibit A.pdf 07-00792v CC Fact Sheet.pdf Motion by Commissioner Regalado, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0551 Chairman Gonzalez: I believe that -- Commissioner Regalado: Can I --? Chairman Gonzalez: -- PZ.24 has been deferred by the administration, so we only have one item in the afternoon. Commissioner Regalado: Can we -- Mr. Chairman, can we do this now? I think there are residents here. It's in my district. Chairman Gonzalez: The -- Commissioner Regalado: 25. Chairman Gonzalez: -- variance? Yeah. The appeal? Commissioner Regalado: PZ.25. Vice Chairman Sanchez: OK. Chairman Gonzalez: All right. Let's do PZ.25. Vice Chairman Sanchez: In that way, they don't have to come back. Chairman Gonzalez: Right. Go ahead. You're PZ.25? No? Unidentified Speaker: I am. I'm PZ.25. Chairman Gonzalez: PZ.24 has been deferred. Vice Chairman Sanchez: No, deferred. Ma'am, are you here on PZ.24? Well -- City ofMiami Page 137 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Chairman Gonzalez: All right. PZ.25. Roberto Lavernia (Chief of Land Development, Planning): PZ.25 is an appeal of a variance of a relaxation in additional height and setback. The Planning Department recommend denial. The Zoning Board recommended the variances on July 30, and this is an appeal for the property owner to the denial of the Zoning Board. Chairman Gonzalez: All right. Manuel Vega: Good afternoon. My name is Manuel Vega. My address is 2600 Douglas Road, Penthouse 10, Coral Gables. I am the owner of the subject property. I have my architect here to describe for you the project. I just wanted to go over -- andl understand it's late -- but the proposed project that I have is on a C-1 lot. The lot is extremely small. We have a hardship working with the size of the lot. We have a 66 by 88 commercial property zoned lot. We have requested -- initially, before the Zoning Board, there were two variances that were requested. One dealt with the NGVD (National Geodetic Vertical Datum). However, at this point, we have - - we would withdraw that section of the -- our appeal because it would just only dealt with a small section, and actually, the important one for purposes of the development of this particular parcel is the lot coverage. I would like to point out that the -- we -- under the FAR (floor area ratio), we are approximately 35 to 40 percent below what's permitted under this particular lot. We only -- and as far as the density, there's a number of greater units that we could build. However, this property has been owned by my parents and by myself for almost 40 years, and knowing the neighborhood, we have tried to come up with a project that is compatible with the neighborhood, and what we have requested and what we propose to build is a one -bedroom apartment units, four per floor, three floors. However, because of the nature of the lot, we are requesting a small six percent variance in the lot coverage. Practically, the variance that we're requesting to the naked eye is not visible; only when you take a tape measure and you see it, there has to be, and that's why we're here. The -- there's a -- the hardship that we have in this particular lot is because of the nature of the lot. I would like to perhaps explain to you where this lot is. It's off of Flagler, and to the -- and on 59th Avenue. It's a C-1 property; surrounded by it is parking lot, and it's -- used to be my parents' home, and to the north, for Commissioner Regalado's benefit, since he knows the area, is where Nunez Printing is, the shopping center -- it's a strip shopping center, it's right to the north of it. There is a parking for the strip shopping center, which is -- now currently hold a insurance agency, and then the property that we have here, so I -- my property is surrounded on two sides by a huge parking area. To the south, there's a -- it's a residential home, which is some of the citizens that own that property are here. Now, I would like to perhaps point out that perhaps the citizens that may have objection to this particular project are misinformed as to perhaps the zoning classification that this property has, a C-1. We can go much higher density. We can go much higher floors, but we have elected not to do that in order to keep it -- or perhaps more acceptable to the community, more acceptable to us that we -- my family has been there for many, many years. My architect is here perhaps to explain to you and describe the project and the small variance that we have requested, and basically, I guess I could defer to Mr. Berry. Chairman Gonzalez: All right. Anyone from the public that wants to speak to the Commission on this item, please come forward. Mr. Vega: Well, I was the -- I don't know if -- but I had requested deferment for the architect to explain to your -- to the members what it is that -- the minimum -- Chairman Gonzalez: I guess the -- Mr. Vega: -- amount that we're requesting before we -- City ofMiami Page 138 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Chairman Gonzalez: -- building is not -- Mr. Vega: -- so you could be fully informed as -- Chairman Gonzalez: -- the issue, I guess. Mr. Vega: Well -- Chairman Gonzalez: Yes, ma'am. Lourdes Paneda: My name is Lourdes Paneda. My address is 70 Southwest 59th Avenue. The reason all the neighbors oppose to the building is the parking. We are very proud of the block and the neighbor. Commissioner Regalado knows the area. We keep our properties -- I've been there for 20 years. I knew his parents, and you know, we are -- the parking is going to be a problem. As it is now with the little shopping center that we have on the corner, during the day, they park on the swale, they -- you know, they ruin the grass, everything. That's like an everyday issue. Chairman Gonzalez: How many apartments are you building, 12? Mr. Vega: We're proposing 12 units, and we have -- Chairman Gonzalez: How many apartments -- how many parking spaces? Mr. Vega: We have 13 planned in the units, so all the parking -- all concerns for parking have been addressed there -- Ms. Paneda: What about the -- Mr. Vega: -- and the architect -- Ms. Paneda: -- visitors? Chairman Gonzalez: Visitors. All right. Mr. Vega: Including visitors, parking has been set out. In addition, I may point out that across the street there is a large fire station with large swale areas for perhaps any parking situation that may arise. Ms. Paneda: Well, then -- Mr. Vega: However -- Chairman Gonzalez: All right. Let the lady finish her presentation. Ms. Paneda: The park -- Commissioner Regalado: But don't get the fire station here, because the fire station is going to be demolished -- Chairman Gonzalez: Demolished. Commissioner Regalado: -- and we are -- Mr. Vega: Oh, OK. City ofMiami Page 139 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Commissioner Regalado: -- going to build a new fire station there. Chairman Gonzalez: Right. Mr. Vega: Nice, nice. I didn't -- Chairman Gonzalez: Yes, ma'am. Mr. Vega: -- know. Thank you. Chairman Gonzalez: Please finish your -- Ms. Panda: You know, as -- just to make you aware, we went around and all the neighbors -- andl have proof -- their -- we have like more than 16 around that they're all opposed, andl -- you know, we want to keep the neighbor -- I know it's a C-1 and he's next to the shopping center, but on the other side, they're all residents, and we want to keep it that way. Chairman Gonzalez: All right, ma'am. Thank you very much. All right. Let me allow the architect to do a presentation so you don't have a -- Vice Chairman Sanchez: But you have another speaker who wanted to speak. Chairman Gonzalez: We have more speakers? Vice Chairman Sanchez: Yeah. Chairman Gonzalez: OK. Let me allow the architect or -- go ahead. Boni Herrera: OK, Mr. Chairman. Mr. Vega: He can go first. Chairman Gonzalez: Go ahead. It doesn't make any difference. Mr. Herrera: Commissioner -- Chairman Gonzalez: Go ahead. Mr. Herrera: -- my name is Boni Herrera. I live on 21 Southwest 59th Avenue, adjacent to the property that he's trying to build. The reason that oppose this is -- especially my house sits right next to it. Can you imagine a building this size right next to it? Second of all is the traffic that we already incur in that area right now as it is. The traffic and the parking, we have a tremendous problem with that in that area, and now we're going to put 12 units there. More -- what is it, 24 cars going through back and forth through there? It's going to be kind of -- Chairman Gonzalez: We're trying to conduct a meeting here. Mr. Herrera: -- heavy traffic and problem that's going to occur in that area, and he said he live there, his family live there for 40 years, which they were great to us, but he doesn't live there, and he's not going to, you know, incur that problem that we're going to be there facing throughout this time. Chairman Gonzalez: All right. City ofMiami Page 140 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Mr. Herrera: That's why -- thank you. Chairman Gonzalez: Thank you very much. Anyone else? All right. You want to do your presentation on the architectural aspect? Go ahead. Juan Berry: Good afternoon. My name is Juan Berry, and I'm the architect of record for the project, and l just want to bring up some clarifications. As a matter of fact, the reason that we are requesting the increase in the lot coverage is actually to build a building that is not as tall. I want to make it very clear because we tried to do this at the last meeting and somehow it got diluted. This is a C-1 property. Mr. Vega could develop this project without requesting the variances, add another floor and put three apartments per floor, and we would comply with lot coverage, and that's the end of it. We're not requesting any variances with parking. We have sufficient parking for the development of this project, andl tried to explain that to the neighbors. I said, you know, we're actually trying to do something to benefit you, not really take it away because we could change the structural system, go to another floor, and we still can develop the project. This is a C-1. This is not a residential project. A lot of the people over there were in the presumption that this was a house and it should remain a house forever, and that is not the case, and l just want to clam that. We are not requesting any variances for parking. We have sufficient parking for 12 units. We can develop those 12 units in other ways. We would rather not go to another floor. There's a cost issue to this. Again, I want the Board to take in consideration these aspects. What we actually are trying to do is to do it with the least amount offloors, not more floors, OK? Chairman Gonzalez: All right. Thank you. Mr. Berry: Thank you. Chairman Gonzalez: All right. Mr. Vega: And finally, as far as rebuttal, I just -- I want to -- just one sentence. Basically -- Chairman Gonzalez: Yes. Go ahead. Mr. Vega: -- and as far as the density that's permitted under this particular one -- in fact, as -- contrary to what Mr. Berry has -- the architect has indicated to you, not only can we go one floor higher, but we could go another four floors higher. We have elected not to do that. That would increase the -- Chairman Gonzalez: Yeah, butt guess -- Mr. Vega: -- without -- Chairman Gonzalez: -- that -- that's not an argument because maybe you can go up 18 floors, but then you would have to use nine floors of parking or -- Mr. Vega: Well -- Chairman Gonzalez: -- ten floors of parking. Mr. Vega: -- but that would be permitted. What I'm trying to say that it's totally permissible within the C-1 classification -- Chairman Gonzalez: Right. Mr. Vega: -- that we do have in this situation, so therefore, what we have requested is barely a City ofMiami Page 141 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 minimal -- and with a very small impact, particularly with the area that we do need low-income residentials [sic]. We're talking about one -bedroom units -- one -bedroom apartment units there in an area bounded by Flagler, and finally, the issue of the traffic. We're 60 feet away from Flagler Street. All the traffic in Flagler Street would not be added by 12 vehicles. Thank you. Chairman Gonzalez: What is the requirement on an one -bedroom apartment, one parking space per apartment? Vice Chairman Sanchez: I got a -- Chairman Gonzalez: All right. Mr. Hernandez: Yes. Vice Chairman Sanchez: I have a question on this -- Mr. Vega: Yes. Vice Chairman Sanchez: -- and maybe the architect can answer it for me. As of right, how much would you build there? As of right, without even coming to this Commission, how much can you build? Mr. Berry: We could build 12 thou -- the FAR -- I'm sorry. Let me turn this thing -- Vice Chairman Sanchez: Just give me -- let's keep it simple. Mr. Berry: It's about 12,000. We're only building about -- Vice Chairman Sanchez: How tall? Mr. Berry: -- 8,000. Vice Chairman Sanchez: How tall can you go, as right? Mr. Berry: We could go with a building -- considering that there's a visibility triangle, we could probably go seven stories, eight stories -- Vice Chairman Sanchez: Sir -- Mr. Berry: -- and -- you know. Vice Chairman Sanchez: -- that's as right, not coming to this Commission? Mr. Berry: Without requesting nothing. We actually can do -- we're limited to the 12 units if we want to maintain the parking on the ground floor. Now if we really want to go overboard and do two stories of parking and stuff like that -- but that is not the case. That's not what is intended. What is intended is to do a small residential project of 12 units, 13 parking spaces. Vice Chairman Sanchez: What are your two avenues that -- just what are the two avenues that cut across? You have Flagler and what? Mr. Vega: Fifty-ninth Avenue. The property faces -- Chairman Gonzalez: Fifty-ninth. City ofMiami Page 142 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Mr. Vega: -- 59th Avenue. Mr. Berry: The property faces 59 Avenue -- Mr. Vega: Fifty -- Vice Chairman Sanchez: All right -- Mr. Berry: -- on this side. Vice Chairman Sanchez: -- and then the other one? Fifty-nine and fifty-eight? Mr. Berry: No. Fifty-nine is here; Flagler is here. Mr. Vega: No, on 58 -- all along Flagler and 58th there -- on 58th, there's a -- the parking lot that -- that is towards the back of the house. It's all commercial, and on 58th, there's a strip shopping center that goes all the way from 58th to 57th Court, rather. Fifty-ninth will be -- Vice Chairman Sanchez: And how wide -- Mr. Vega: -- across -- Vice Chairman Sanchez: -- is that? How wide is 59th? Mr. Vega: Fifty-ninth Avenue? Mr. Berry: Fifty-nine, I believe, is at -- it has a centerline of 25 feet. It already has a dedication for a greenway and a sidewalk that is -- Vice Chairman Sanchez: So -- Mr. Berry: -- already there. Vice Chairman Sanchez: -- you're basically looking at what, two lanes? Mr. Berry: Two lanes, but it's a 50-foot -- I mean, it's 50-foot dedication. This is not a little road. It's -- and besides, I mean -- to make it clear, the proximity to Flagler is 60 feet. This is not a property that is far away from Flagler. I mean, you could see it in the diagram up here what is C-1. Actually, this is C-1, and what's behind it is C-1. The only property in question is the one next to it, which is the R-1, and that's the issue. Chairman Gonzalez: All right. Vice Chairman Sanchez: The issue here is the setback and the angle to protect the -- Chairman Gonzalez: We -- Vice Chairman Sanchez: -- R-1 s. Chairman Gonzalez: -- we're -- Mr. Berry: We're -- as Mr. Vega stated -- and this time I want to make it very clear. We are willing to amend our variance to remove the visibility to -- there's two variances being requested. The one that we would like to keep is the one of the FAR, OK. That's the one that allows us to build four units per floor instead of having to go to three and more floors and so on. City ofMiami Page 143 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 The second one we're willing to do without, OK? Chairman Gonzalez: All right. That closes the public hearing; come -- brings it back to the Commission. Commissioner Regalado, it's your district, sir. Commissioner Regalado: Thank you, Mr. Chairman. The bottom line is that they want to do a building when there is a house, and that's, for me, the most simple explanation, so my motion will be to deny the appeal and follow the -- Vice Chairman Sanchez: Second. Commissioner Regalado: -- Planning Department recommendation. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Build it as right. Chairman Gonzalez: The appeal has been denied. Vice Chairman Sanchez: They're going to have to build it as right. Chairman Gonzalez: All right. Mr. Vega: OK. Chairman Gonzalez: We're going to be coming back at 4 o'clock. We only have one item left, and then our blue pages -- Commissioner Regalado: Five? Chairman Gonzalez: -- and pocket items. Commissioner Regalado: Five o'clock? Chairman Gonzalez: Four, four. We'll be back at 4. Vice Chairman Sanchez: Four? What for? Four? What for? Chairman Gonzalez: What do you mean for? For the budget hearing at 5 o'clock. Vice Chairman Sanchez: Yeah, but we start at 5 the budget hearing. We're done with the PZ (Planning & Zoning). Chairman Gonzalez: You want to come back at 4: 30? No. We have two more items on PZ. Vice Chairman Sanchez: Oh, OK. No, no. OK, OK. All right. We'll be back at 4. Four's good. Chairman Gonzalez: We have two more items on -- Ms. Slazyk: PZ.11 Unidentified Speaker: PZ.11. City ofMiami Page 144 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Pamela E. Burns (Assistant City Clerk): Yep, PZ.11 and 18. Chairman Gonzalez: Wait. Get -- Maria J. Chiaro (Assistant City Attorney): (UNINTELLIGIBLE) pocket items. Chairman Gonzalez: Take it easy. Vice Chairman Sanchez: Take it easy. Chairman Gonzalez: Take it easy. Don't tell me how to run the -- You want to be the Chair? Come on. Come here. You want to run it? No? OK. We have two PZ items left. Ms. Burns: Correct. Chairman Gonzalez: We have pocket items. We have -- Commissioner Sarnoff Blue pages. Chairman Gonzalez: -- blue pages -- Ms. Burns: The district pages. Chairman Gonzalez: -- so we're going to need at least an hour before starting the budget hearing at 5 o'clock. Are we all in tune? Commissioner Sarnoff Yeah. Chairman Gonzalez: So we should be back at 4 o'clock, right? Commissioner Sarnoff Sounds good. Commissioner Regalado: And we finish the budget at 5:05. Chairman Gonzalez: And we finish the budget at 5:05, and we all go home. All right. City ofMiami Page 145 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 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 07-01167 DISCUSSION ITEM DISCUSSION REGARDING THE RIVERWALK ALONG S.W. MIAMI AVENUE ROAD, BETWEEN METRO -RAIL AND THE S. MIAMI AVENUE BRIDGE. 07-01167 Cover Email.pdf DISCUSSED Chairman Gonzalez: All right. Commissioner Sarnoff, blue pages. Commissioner Sarnoff Mr. Chairman, I have D2.1 is a discussion regarding river walk along Miami Avenue between Metrorail and the South Miami Avenue bridge. Essentially, what I'm trying to find out from the Administration is how do we get parcels that are not under development to participate; whose jurisdiction is it? Can Parks patrol for and report deficiencies and provide the sense of security? Can we make it into a linear park? And, continued parcels, they need to properly align -- there needs to be a continuous theme. I think Commissioner Sanchez may be actually privy to some knowledge as to what it can look like when we don't cooperate, when each department doesn't -- when the right hand doesn't know what the left hand is doing because I think right by him -- I think you have to be Superman to make it from one to another, especially with a bike, because what's happening is the seawalls are not measuring up two ways, latitudinally and longitudinally. You can jump up at some points, and sometimes there's not enough space for a person to walk, you know, across that seawall, and we've been trying to work with the Administration -- I want you all to know I didn't just bring this up as a blue page item. I've been trying to get answers to this for the better part of 45 days, and I think there's a gap somewhere where possibly Public Works, possibly Planning, and possibly Building are not coordinating with each other, and for instance, we have this building right here, and we don't have a clear answer -- and think this is Latitude -- as to who's going to build that seawall and what the dimensions are going to be. Orlando Toledo (Senior Director, Building, Planning & Zoning): Commissioner, that's (UNINTELLIGIBLE) and it is part of the third phase of the actual project. When the project came in through the MUSP (Major Use Special Permit), they did present it as the third phase of the project. One of the issues that Latitude -- I'm sorry, not Latitude, Neo Vertika had was that they went ahead and they constructed their seawall prior to them starting the building, and that's one of the reasons why we're having the issues that we're having with their seawall, so what they've done now is that is -- that would be the third phase of the actual project. It will connect from the Miami -Dade County property -- leaving the Miami -Dade County property without being touched, all the way up to the riv -- to the actual bridge on North Miami Avenue. What we have done -- and Roberto Ruano is here we have set up a meeting with the County to see City ofMiami Page 146 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 D2.2 07-01169 District 2- Commissioner Marc David Sarnoff somehow if we could get some of their money to be able to do both of the sides, meaning the Latitude side and also the FP&L (Florida Power & Light) side to connect to both of the actual buildings that are being built, and that's -- Commissioner Sarnoff Are you -- Mr. Toledo: -- in the process. Commissioner Sarnoff -- satisfied that you think that the construction -- and that our processes are in place and we're doing a pretty goodjob of this? Mr. Toledo: I know that with Latitude we didn't, and we're making it better. I know that Commissioner Sanchez and us have gotten together, and we've actually even gone and spoken to the developer, and the developer has made some promises that he will take care of some of the problems, so maybe in the past it wasn't, but now it is. Commissioner Sarnoff And everybody's on the same page, and the right hand knows what the left hand is doing? Mr. Toledo: Yes, right now it is. Vice Chairman Sanchez: Mr. Chairman, ifI could just elaborate a little bit on -- Chairman Gonzalez: Go ahead. Vice Chairman Sanchez: -- what Commissioner Marc Sarnoff -- which, I -- it's something that I command [sic] him for. I think that we here at the City have to learn from our mistakes, and the one thing that we must focus on is that we must hold the Administration -- the developers accountable. We must have the Administration work with the developers to make sure that we protect one of the greatest resource that we have, and it's that river walk. Now there are some obstacles in the way, which you're not going to be able to move, such as bridges and stuff like that, but if the planning is in place and you have the communication not only with the City, but the developers and the County, then those issues could be addressed. I think that, as you look at some of the situations that have happened and the meetings that we've had with the developers, I think everyone has agreed -- there are some times that Miami River Commission has not agreed with the concept, but overall, I think we've been able to compromise and be able to resolve the issue where you have no interruption whatsoever of pedestrians and bicyclists to enjoy what Miami River is all about, where you could get from Point A to Point B to whether you walk or you ride your bicycle through our greenways because we're really investing a lot of money in beautiing the area, and you've got to have a way so people can have mobility and get around, so I think that as it is right now, the only way that we're going to be able to address that issue is, once again, to have the City, the County, and the developers work together to make sure that the construction project moves forward; that issue is addressed where you have no interruptions along the river walk. Chairman Gonzalez: All right. That concludes that discussion. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 03-205 IN ITS ENTIRETY; ESTABLISHING MINIMUM QUALIFICATIONS FOR PUBLISHING, ON AN AS -NEEDED ROTATIONAL BASIS, CITY OF MIAMI SUPPLEMENTAL OR COURTESY PUBLIC NOTICES IN COMMUNITY -BASED NEWSPAPERS; FURTHER AUTHORIZING THE CITY CLERK TO QUALIFY AND INCLUDE ADDITIONAL COMMUNITY -BASED NEWSPAPERS ON THE LIST WHEN DEEMED City ofMiami Page 147 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 APPROPRIATE; FURTHER DIRECTING THE CITY CLERK TO SET FORTH CRITERIA FOR QUALIFICATIONS BASED ON CERTAIN CIRCULATION AND PUBLICATION INFORMATION; ALLOCATING FUNDS FROM THE BUDGETS OF INDIVIDUAL USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS. 07-01169 Legislation.pdf DEFERRED Note for the Record: The item was deferred to the City Commission meeting currently scheduled for October 11, 2007, as an item on the regular agenda. Chairman Gonzalez: Let's go to DD.2 [sic], newspaper revision policy. Commissioner Sarnoff Mr. Chairman, I'm a little dumbfounded as how this got to a blue page, since I think it really should be nothing more than a resolution on behalf of the City of Miami as a governing board. It is something that we've had come up before. We did a minor revision because I think we wanted to be able to allow more community -based newspapers to be able to advertise on behalf of the City. I think it went from 5,000 to a 3,000 circulation, and we adjusted the gross income up a little bit. I know it's your policy not to vote off of blue page items, either we move this on to the regular agenda -- this is a resolution that's come up before, andl don't think we've passed it, and I'll respect your desire not to vote off blue pages, but I would ask the Administration -- Chairman Gonzalez: Put it on the next -- Commissioner Sarnoff -- just put it on the agenda. Chairman Gonzalez: -- meeting. Commissioner Sarnoff Yeah. Chairman Gonzalez: The next meeting. Commissioner Spence -Jones: Yes, Mr. Chairman. I'll just -- I'm glad that you -- you're making that decision to do that because there are some key things that I know that we've been working on regarding this whole issue, so I definitely would like to have a little bit more time. We've been working on it for the last six or seven months regarding this issue of community newspapers, so I would really like to really not address it today and give us more time to complete that. Commissioner Sarnoff That's fine. Could we -- Chairman Gonzalez: You want to have it on the next Commission meeting? Commissioner Sarnoff -- can we put it on the next agenda, Mr. Manager? Pedro G. Hernandez (City Manager): Yes, we can, sir. Commissioner Sarnoff OK. Commissioner Regalado: Andl don't understand why do we have to go to the next agenda. This has been look at it by the City Attorney, by the City Clerk. Do you know how many newspaper qualify the last time? Two. Two community newspaper. About ten tried to, but for some technical reason -- because you have to certify that within the municipality, and one of two points of distribution were out of the municipality; they were disqualf, and they -- to certifi, the City ofMiami Page 148 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 number is very easy because the printing will give you a notary certification, but I just don't understand why we cannot -- I mean, if the City Clerk, she's all right with it and the City Attorney is all right with it because he was the one that wrote this, I don't know why we should wait. Chairman Gonzalez: Well, first of all, because I don't like starting to get used to bringing items on blue pages, and then converting them into resolutions or ordinances and vote on it, and second, I believe Commissioner -- Commissioner Spence -Jones: Yeah -- Chairman Gonzalez: -- Spence -Jones is not ready for it, so -- Commissioner Spence -Jones: -- and Commissioner Regalado, I mean, I'm sure we'll probably be very -- Chairman Gonzalez: I mean, it's not an -- Commissioner Spence -Jones: -- much on the same -- Chairman Gonzalez: -- emergency. Commissioner Spence -Jones: -- page on much of it, butt have been working along -- and the Clerk's Office can tell you 'cause I've had several complaints from my district regarding, you know, smaller papers that have not had the opportunity to quali, and there's other key issues that we've been working on along with their office to make sure that it's included in this overall resolution, so I was surprised to see it, andl know that we had been working on it, so I don't have a problem. I just would like to have the opportunity to have some of the items that I've asked to have included that have clearly affected my district or people that actually have papers in my district, so I'm -- all I'm asking is that we bring this back and at least include some of the suggestions that I've been working on with the Clerk's Office on this issue. Commissioner Regalado: OK. Chairman Gonzalez: All right. Let's move on. That should be on the agenda at the next Commission meeting, first meeting in October. D2.3 07-01183 DISCUSSION ITEM DISCUSSION REGARDING FARMER'S MARKET AT LEGION PARK. 07-01183 Cover Email.pdf DISCUSSED Chairman Gonzalez: D2.3, Commissioner. Commissioner Sarnoff DT 3 -- excuse me, D.23 [sic] is a discussion regarding farmer's market. It's unfortunate -- we've only been working on this for about seven months, but once you put it on a blue page item, things just happen quickly. What's it going to take, Mr. Manager, for me to find out whether we can have a farmer's market at Legion Park? Pedro G. Hernandez (City Manager): Commissioner, I think that the Parks Department has been working on it. I think that they want to be sure that, in order to have it, we have certain criteria to control to ensure that it remains as a farmer's market at a certain level and it doesn't degrade to a flea market, for example. I know that Mr. Pascual, assistant director of Parks, has City ofMiami Page 149 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 more details on it, but I think that it's important that we have the controls to ensure its viability. Beyond that -- Commissioner Sarnoff Should it take seven months? Should it take this long? Vice Chairman Sanchez: No. Mr. Hernandez: I doubt it. There were probably some other issues. It shouldn't take that long. Commissioner Sarnoff I mean, you now have -- Mr. Hernandez: No. Commissioner Sarnoff -- the Coral Gables agreement, right? Coral Gables has a farmer's market. We have theirs to work off of. How much longer before we make or can make a decision as to whether we can do a farmer's market? Juan Pascual: Yes, Commissioner. Juan Pascual, assistant director of the Parks & Recreation Department. We've met with your office, with the Law Department staff as well as with some of the citizens that -- proposing the farmer's market up at Legion Park. From the very onset, our concern, as a Parks Department, is that we have no problems with a farmer's market, however, we need to establish whether there are procedural or legal ramifications and parameters to ensure that it remains strictly a farmer's market and doesn't involve [sic] into a flea market. While our experience is that other municipalities do have farmer's markets, the difference is slight in a sense that those municipalities that have a farmer's market do not have them in parks. They basically have areas where they cut off streets or they use adjacent parks -- Coral Gables is in front of City Hall, where their streets are closed. The city of Fort Lauderdale has on the streets, where their streets are closed. When you bring it into a park, while we don't have a problem with a farmer's market, we just had some concerns. Back in the meeting in July that we had in your office, the concern was expressed. The Law Department said that they were going to evaluate it, and they were going to come back with their recommendations on how we can proceed to ensure that it's strictly regulated to only allow a farmer's market, not only at Legion Park, but that it may evolve -- or other organizations might come forward and want to have those at other park facilities. Once that is done and is established and we know how to proceed as a policy from the Parks Department, any time there's a new policy that would come forward to using one of our parks for something that's not traditional -- and a farmer's market is not traditional in the City ofMiami for a park -- then we would move forward and recommend a community meeting to get a final community input from the whole community to get that input, and then finalize the proposal and then Assets [sic] Management would then be the one who would draft a lease agreement or an agreement for that organization to come forward and then carry on their program. Commissioner Sarnoff Yes, sir. When will that happen? Mr. Pascual: Well, we are still waiting to get the final from the Law Department, which we just got in the last couple of days, so we're ready to proceed; contact your office to set up the community meeting, and at that point, then move forward, and as far as -- like I said, as far as our department's concerned, as long as that stipulation and those controls are placed, we have no problem with a farmer's market. Commissioner Sarnoff OK. Vice Chairman Sanchez: May -- Commissioner Spence -Jones: Could I just --? I'm sorry. Go head [sic]. City ofMiami Page 150 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Vice Chairman Sanchez: Mr. Chairman, ifI couldjust, once again, make a suggestion, and Mr. Executive Park Director -- Bayfront Park has had a farmer's market -- Commissioner Sarnoff Right. Vice Chairman Sanchez: -- in the past, and it has been a very successful farmer's market, seasonal farmer's market. My suggestion is that maybe you could get with the executive director. I can't see it being so hard to put together a farmer's market where you set the rules; you have people go there; you set up, and they know that they only are able to sell maybe fruits and maybe flowers, and that's it, so when they start setting up, maybe you have Code Enforcement, maybe have a police officer there maybe working off -duty, and if you're not selling fruits or flowers, you can't sell, so just a suggestion. I think it's a great idea. As a matter of fact, we should have more throughout the City. Not only do we liven up our city with beautiful flowers, but we get people to go to our parks and come out of the community and really enjoy the -- what we have in Miami to offer, but once again, maybe you could contact Bayfront Park, and they have it already laid out. Why reinvent the wheel when the wheel has already been invented? Mr. Pascual: Absolutely. Vice Chairman Sanchez: Just a suggestion. That's all. Commissioner Sarnoff And we met with Tim Schmand, just so you know. Commissioner Spence -Jones: Andl was just going -- Commissioner Sarnoff Right. Commissioner Spence -Jones: -- actually going to -- Vice Chairman Sanchez: It didn't take us seven months. Commissioner Spence -Jones: -- ditto his comment because I do know that Bayfront has or used to have farmer's markets taking place there. I know for a fact I'd like to definitely have -- once you get the criteria in order and in place -- one definitely in Little Haiti with the new cultural complex that we're going to be putting there, so you probably just want to establish one overall criteria for any farmer's markets or any type of markets that want to take place, so -- Chairman Gonzalez: All right. Commissioner Spence -Jones: -- that's my only comment. D2.4 07-01194 DISCUSSION ITEM DISCUSSION CLARIFYING THAT THE EX OFFICIO MEMBERS OF THE COCONUT GROVE BIC SUE MCCONNELL AND GAIL BALDWIN ARE NOW VOTING MEMBERS AND ALSO TO APPOINT ED PRELAZ AND DAVID YOBLICK TO THE COCONUT GROVE BIC. 07-01194 Cover Email.pdf DISCUSSED Discussion on the item resulted in the resolution below: (D2.4) 07-01194a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING City ofMiami Page 151 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE (BIC) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Sue McConnell Commissioner Marc David Sarnoff Gail Baldwin Commissioner Marc David Sarnoff Ed Prelaz Commissioner Marc David Sarnoff David Yoblick Commissioner Marc David Sarnoff Monty Trainer Commissioner Marc David Sarnoff Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0569 A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Spence -Jones absent, to appoint Sue McConnell and Gail Baldwin as voting members of the Coconut Grove Business Improvement Committee (BIC). A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Spence -Jones absent, to appoint Ed Prelaz, David Yoblick, and Monty Trainer as members of the Coconut Grove Business Improvement Committee (BIC). Chairman Gonzalez: D2.4. Commissioner Sarnoff D2.4 is pretty simple. I just wanted to clam that the ex-officio members of the Coconut Grove BIC (Business Improvement Committee), Sue McConnell, Gail Baldwin, are now voting members, Mr. -- speaking to Mr. City Attorney, and also to appoint Ed Prelaz, David Yoblick, Monty Trainer to the Coconut Grove BIC, andl also wanted to appoint Gene Meehan to the MSEA (Miami Sports & Exhibition Authority) Board. Pamela E. Burns (Assistant City Clerk): Excuse me. Could we get two separate votes on that? Commissioner Sarnoff Yeah. Ms. Burns: We're going to need resolutions. Commissioner Sarnoff Sure. Let me just clam that Sue McConnell, Gail Baldwin are voting members of the BIC. Vice Chairman Sanchez: Do you need a second for that? I'll second it. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye. City ofMiami Page 152 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 The Commission (Collectively): Aye. Commissioner Sarnoff And I'd like to appoint David Yoblick, Ed Prelaz, Monty Trainer to the Coconut Grove BIC. Vice Chairman Sanchez: Second. Chairman Gonzalez: OK. We have a motion, and we have a second. All in favor, say "aye. " The Commission (Collectively): Aye. Commissioner Sarnoff And -- Chairman Gonzalez: Motion carries. Commissioner Sarnoff -- if you don't mind, I'd just like to do a quick one, which would be -- Ms. Burns: Excuse me -- Commissioner Sarnoff -- a pock -- Ms. Burns: -- Commissioner. Did you also want Monty Trainer as the third entity appointed -- Commissioner Sarnoff Yes. Ms. Burns: -- right, in addition to Ed and David, correct? Commissioner Sarnoff EdPrelaz, David Yoblick, and Monty Trainer. Ms. Burns: And Monty Trainer. Commissioner Sarnoff Right. Ms. Burns: Thank you. DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES City ofMiami Page 153 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 NON -AGENDA ITEMS NA.1 07-01234 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER, PURSUANT TO RESOLUTION NO. 04-0380, ADOPTED JUNE 10, 2004, RELATING TO THE CONVEYANCE OF THE PROPERTY LOCATED AT 1390 NORTHWEST 24 AVENUE, MIAMI, FLORIDA ("PROPERTY"), TO ALLAPATTAH COMMUNITY ACTION, INC., TO DEVELOP AN ELDERLY HOUSING FACILITY FOR VERY LOW, LOW AND/OR MODERATE INCOME FAMILIES AND/OR INDIVIDUALS, TO CONVEY THE PROPERTY DIRECTLY TO ALLAPATTAH COMMUNITY HOUSING II, INC., THE NOT -FOR -PROFIT ORGANIZATION CREATED BY ALLAPATTAH COMMUNITY ACTION INC. TO RECEIVE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 202 PROGRAM FUNDING AS CONTEMPLATED BY THE PURCHASE AND SALE AGREEMENT, DATED JUNE 29, 2004, ("AGREEMENT"), A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A," SUCH CONVEYANCE TO BE SUBJECT TO THE TERMS AND CONDITIONS OF THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A SPECIAL WARRANTY DEED IN SUBSTANTIALLY THE FORM OF EXHIBIT "B" ATTACHED, AND TO EXECUTE ALL OTHER DOCUMENTS THAT MAY BE NECESSARY FOR SUCH PURPOSE. 07-01234-Legisl ati on. pdf 07-01234-Exhibit A.pdf 07-01234-Exhibit B.pdf Motion by Vice -Chairman Sanchez, 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-07-0541 Chairman Gonzalez: OK. I need to take the meeting out of order. I have an emergency. There are two closings happening right now in Jacksonville, and that is the reason why I'm taking this meeting out of order because I need to pass two resolutions. We're building two senior citizens buildings, and they're ready to do the closing, but they need some documents e-mailed (electronic) to Jacksonville, to the HUD (Department of Housing and Urban Development) office, so Mr. Manager or Mr. City Attorney. Jorge L. Fernandez (City Attorney): Yes, Mr. Chairman, Commissioners. We have all the documents necessary to achieve those closings. It's necessary, though, that you pass a resolution and let me -- the resolution has been passed out to you and to the City Clerk. It's a resolution of this Commission, with attachments, authorizing the City Manager, pursuant to resolution number 04-0380, a resolution you passed almost three years ago, relating to the conveyance of the property located at 1390 Northwest 24th Avenue, to Allapattah Community Action, Inc., to develop an elderly housing facility for very low, low and/or moderate income families and/or individuals to convey the property directly to Allapattah Community Housing Inc., the not -for -profit organization created by Allapattah Community Action, Inc., to receive United States Department of Housing and Urban Development 202 Program Funding as contemplated by the purchase and sale agreement, dated June 29, 2004, a copy of which is attached hereto as Exhibit A, such conveyance to be subject to the terms and conditions of the agreement; further authorizing the City Manager to execute a special warranty deed in substantially the form of City ofMiami Page 154 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Exhibit B, attached hereto, and to execute all other documents that may be necessary for such purposes. Vice Chairman Sanchez: So move. Chairman Gonzalez: OK. We -- I think that we need to -- is this a Community Development item? Do we need to have -- Mr. Fernandez: No. Chairman Gonzalez: -- the lang --? Vice Chairman Sanchez: No. Mr. Fernandez: It isn't. Chairman Gonzalez: We don't need -- Mr. Fernandez: All -- this is -- Chairman Gonzalez: -- to have the language -- Mr. Fernandez: -- transferring a deed -- Chairman Gonzalez: Yeah. Mr. Fernandez: -- and authorizing the City Manager to execute. It's not a public hearing. Chairman Gonzalez: It's not a public hearing? Mr. Fernandez: No. Chairman Gonzalez: OK, very good. Vice Chairman Sanchez: So move. Chairman Gonzalez: All right. We have a motion. Is there a second? Commissioner Sarnoff Second. Chairman Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Let me tell you that this project was awarded $9.8 million from HUD for a senior citizen housing, and we also have another resolution. Mr. City Attorney. Mr. Fernandez: That's the only resolution that has been given to me. That's the only thing you need to act upon. Chairman Gonzalez: Oh, you're right. The other one has to do with the police. The other one we can do in the afternoon. Mr. Fernandez: Yes. City ofMiami Page 155 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Chairman Gonzalez: All right, so, Frank, make sure that the documents are signed and are e-mail or faxed or whatever so they can finalize the closing and bring the money down. NA.2 07-01247 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Gene Meehan Commissioner Marc David Sarnoff Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0568 A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Spence -Jones absent, to appoint Gene Meehan as a member of the Miami Sports and Exhibition Authority. Commissioner Sarnoff And -- Chairman Gonzalez: All right. Commissioner Sarnoff -- if you don't mind, I'd like to do a quick pocket, if you wouldn't mind, just -- Chairman Gonzalez: Go ahead. Commissioner Sarnoff -- for Gene Meehan to be appointed to the MSEA (Miami Sports & Exhibition Authority) Board. Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye. The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. NA.3 07-01235 RESOLUTION District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Chairman Angel ALLOCATION OF FUNDS, IN THE AMOUNT NOT TO EXCEED $10,000, Gonzalez FROM DISTRICT 1 OFFICE BUDGET, TO THE ALLAPATTAH COMMUNITY ACTION, INC., FOR PUBLIC SERVICES ACTIVITIES IN DISTRICT 1. 07-01235-Legisl ati on. pdf City ofMiami Page 156 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Motion by Chairman Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0552 Chairman Gonzalez: Any other pocket items? I do have some pocket items, for a change. Vice Chairman Sanchez: For a change. Mr. Chair, you're recognized for -- Chairman Gonzalez: Yeah. Vice Chairman Sanchez: -- the record. Chairman Gonzalez: A resolution of the Miami City Commission authorizing the allocation of funds, in the amount not to exceed $10, 000, from District 1 office budget to the Allapattah Community Action, Inc. for the public services activities in District 1. Vice Chairman Sanchez: There's a motion proffered by the Chair. Is there a second? Commissioner Sarnoff Second. Commissioner Regalado: Second. Vice Chairman Sanchez: Second by Commissioner Sarnoff. The item is open for discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. NA.4 07-01233 RESOLUTION District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Chairman Angel ALLOCATION OF FUNDS, IN THE AMOUNT NOT TO EXCEED $10,000, Gonzalez FROM DISTRICT 1 OFFICE BUDGET, TO THE ALLAPATTAH CHAMBER OF COMMERCE COMMUNITY SERVICES, INC., FOR PUBLIC SERVICES ACTIVITIES IN DISTRICT 1. 07-01233-Legisl ati on. pdf Motion by Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0553 Chairman Gonzalez: A resolution of the Miami City Commission authorizing the allocation of funds, in the amount not to exceed $10, 000, from District 1 office budget to the Allapattah Chamber of Commerce Community Service, Inc., a not -for -profit, for public services activities in District 1. Vice Chairman Sanchez: All right. There's a motion on the table. Is there a second? City ofMiami Page 157 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 NA.5 07-01220 Department of Public Facilities Commissioner Regalado: Second. Vice Chairman Sanchez: Second by Commissioner Regalado. The item is under discussion. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PERMIT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY"), FOR THE CITY OF MIAMI DEPARTMENT OF POLICE'S USE AND OCCUPANCY OF THE PROPERTY LOCATED AT 1701 NORTHWEST 30 AVENUE, MIAMI, FLORIDA, FOR A TERM OF ONE YEAR, WITH AN OPTION TO EXTEND FOR AN ADDITIONAL ONE (1) YEAR TERM, COMMENCING UPON APPROVAL BY THE COUNTY MANAGER, WITH A TOTAL RENTAL FEE OF ONE DOLLAR ($1.00), FOR EACH YEAR, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 07-01220-Legisl ati on. pdf 07-01220-Exhibit. pdf Motion by Chairman Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0554 Chairman Gonzalez: OK, and the last one is a resolution of the City ofMiami Commission, with attachments, authorizing the City Manager to execute a permit agreement, in substantially the attached form, with Miami -Dade County ("County'), for the City ofMiami Department of Police use and occupancy of the property located at 1701 Northwest 30th Avenue, Miami, Florida, for a term of one year, with an option to extend for an additional one-year term commencing upon approval by the County Manager, with a total rent fee of $I per each year, with the terms and conditions, and more particularly set forth in said agreement. That is my motion. Vice Chairman Sanchez: All right. There's a motion on -- Commissioner Sarnoff Second. Vice Chairman Sanchez: -- the floor. Second by Commissioner Sarnoff. The item is under discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: The purpose -- Vice Chairman Sanchez: Anyone -- Chairman Gonzalez: -- of this resolution is to establish a substation in the area of Grapeland City ofMiami Page 158 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Height [sic] that will cover Allapattah, Grapeland Height [sic], and Flagami, so thank you, chief. Thank you -- Unidentified Speaker: Thank you, sir. Chairman Gonzalez: -- deputy. Vice Chairman Sanchez: All right. Chairman Gonzalez: I really appreciate it. Unidentified Speaker: Thank you. NA.6 07-01244 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING AN EXEMPTION FROM THE PROHIBITIONS AND RESTRICTIONS CONTAINED IN SECTIONS 36-4(A) AND 36-5 (A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS RELATED TO THE LEVEL AND HOURS OF NOISE RESULTING FROM THE GIRL POWER, THE BLOCKO 2007 AND SOCAFEST 2K7 EVENTS, FROM OCTOBER 4, 2007 TO OCTOBER 6, 2007, AT METROPOLIS NIGHT CLUB LOCATED AT 950 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, AS STATED HEREIN. Motion by Commissioner Sarnoff, seconded by Chairman Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-07-0555 Commissioner Sarnoff Mr. Chair, I had one pocket item I did not address. Chairman Gonzalez: Yes, sir. Commissioner Sarnoff It's the direction to the City Manager to work with the special events coordinator and with outside promoters to provide noise waivers for a special event taking place between October 4 to October 7, 2007, and the name of the event is GDC & Association Promotions. The name of the event is Girl Power, andl'm asking that this occur around Metropolis Night Club on the 4th and the 5th, the 6th to the 7th -- Vice Chairman Sanchez: What's it called? Commissioner Sarnoff -- of October. It's called Girl Power, andl think Mr. Holland is here, Robert Holland, who is the attorney on their behalf andl'm just asking you -- I've been told by staff Mr. Manager, that in the past, this has got a stellar record. There are no problems with regard from Code Enforcement or Police -- You're welcome to step up, Mr. Holland -- and I'm just asking you, on behalf of District 2, to create noise waivers. Vice Chairman Sanchez: All right. Pedro G. Hernandez (City Manager): Commissioner, we'll follow through and, you know, through special events and work with Mr. Holland -- Vice Chairman Sanchez: But the request is -- City ofMiami Page 159 Printed on 10/15/2007 City Commission Meeting Minutes September 27, 2007 Mr. Hernandez: -- as needed. Thank you. Vice Chairman Sanchez: -- noise waiver. Mr. Hernandez: Yes, noise waivers. Vice Chairman Sanchez: OK. Mr. Hernandez: Yes. Vice Chairman Sanchez: All right. Unidentified Speaker: Thank you very much. Commissioner Sarnoff Thank you. Vice Chairman Sanchez: Short and sweet. Chairman Gonzalez: All right. Vice Chairman Sanchez: All right. There's a motion. The motion was made by Commissioner Sarnoff, second -- Chairman Gonzalez: Second. Vice Chairman Sanchez: -- by the Chair. 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. City ofMiami Page 160 Printed on 10/15/2007