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HomeMy WebLinkAboutCC 2007-10-25 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com IF Ali Meeting Minutes Thursday, October 25, 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 October 25, 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 ES - EXECUTIVE SESSION 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 The minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later..]" refers to discussions that were interrupted and later continued. City ofAliami Page 2 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 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 25th day of October 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 9:35 a.m., recessed at 12: 01 p.m., reconvened at 2: 35 p.m., recessed at 2: 36 p.m., reconvened at 3: 59 p.m., and adjourned at 8: 42 p.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Pamela E. Burns, Assistant City Clerk Chairman Gonzalez: (INAUDIBLE) 25, 2007 meeting of the City ofMiami City Commission in this historic chambers. The members of the City Commissioners [sic] are Joe Sanchez, Vice Chairman, Tomas Regalado, Michelle Spence -Jones, Marc Sarnoff and me, Angel Gonzalez, Chairman. Also on the dais are Pedro G. Hernandez, City Manager, Jorge L. Fernandez, City Attorney, and Pam Burns, Assistant City Clerk. The meeting will be opened by a -- with a prayer by Vice Chairman Sanchez and the pledge of allegiance by Commissioner Sarnoff. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 07-01313 CEREMONIAL ITEM Honoree Presenter 2007 Latino Art Beat Competition Winners Cathryn Garcia-Menocal Mayor Diaz Orissa Jenkins Erin Young Jose Arango Raydel Perez John Navarro 07-01313 Protocol List.pdf PRESENTED Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Protocol Item Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Certificate of Merit Mayor Diaz presented Certificates ofMerit to the winners of the 2007 Latino Art Beat Competition, specifically Erin Young (First Place), Cathryn Garcia-Menocal (Second Place), Orissa Jenkins (Third Place), Jose Arango (Honorable Mention), Raydel Perez (Honorable Mention), and John Navarro (Honorable Mention); further recognizing the national winners of the 2007 Latino Art Beat Competition, specifically Cathryn Garcia-Menocal (National Winner), Gabriel Yeganyan (First Place - Los Angeles), Christian Rios (First Place - Houston), and Rykeyn Bailey (First Place - District of Columbia). Chairman Gonzalez: Now we're going to go with -- we're going to start with the presentations and proclamations. Mr. Diaz, you're recognized, sir. Mayor Manuel A. Diaz: Good morning. Thank you, Mr. Chairman and members of the Commission. Presentations made. City ofMiami Page 3 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 MAYORAL VETOES NO MAYORAL VETOES Chairman Gonzalez: All right. Let the record reflect that at this point we haven't received any vetoes from the Mayor's office. Pamela E. Burns (Assistant City Clerk): That's correct. Chairman Gonzalez: Thank you. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Vice -Chairman Sanchez, seconded by Commissioner Spence -Jones, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Chairman Gonzalez: All right. Next item on the agenda is to approve the minutes of the Planning and Zoning meeting of September 27, 2007. Is there a motion? Vice Chairman Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Also, we need to approve the minutes of the Second Budget Hearing of September 27, 2007. Vice Chairman Sanchez: So move. Chairman Gonzalez: We have a motion. Commissioner Sarnoff Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. ORDER OF THE DAY Chairman Gonzalez: All right. Now we will begin the regular meeting, and the City Attorney will state the procedures to be followed during this meeting. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Good morning, Mr. Chairman, Commissioners, members of the public. Any person who is a lobbyist must register with the City Clerk before appearing in front of the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. The material in connection with each item appearing on the agenda is available City ofMiami Page 4 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 for inspection during business hours at the City Clerk's office. Formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto certain items approved by the City Commission within ten calendar days of the Commission action. The Commission may override such veto by a four fifth vote. 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 indirectly to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. Consideration includes any gifts, 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 forAgreement 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, 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 this -- 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 City Commission or any of its boards solely in the capacity of a lobbyist and not as an applicant or owner's legal representative, are not required to submit the affidavit. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item on which the appeal is based. Absolutely no cell phones, beepers, nor other audible sounds or ringing devices are permitted in the Commission chambers. Please silence those now. Any person making impertinent or slanderous remarks or who becomes unruly while addressing the Commission shall be barred from further attending Commission meetings, unless permission to continue or again address the Commission is granted by a vote of the Commission. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or a Commissioner is allowed. No signs or placards are allowed in the chambers. Persons exiting the Commission chamber 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 the desire to speak, giving the City Clerk their names. At the time the item is heard, persons who will speak should approach the microphones and wait to be recognized. Any person with a disability requiring auxiliary aids and services for this meeting may also notify the City Clerk, and the same will be provided. 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 wants to announce that the following items are being continued or deferred. They are, for your information -- and we will restate this again when you get into the P&Z (Planning & Zoning) agenda -- PZ.9 and 12, PZ.18 and 19. We will repeat those when we get to the P&Z agenda. Commissioner Spence -Jones: PZ.9 and 12. Mr. Fernandez: 9 and 12, 18 and 19, and they had been continued to the December meeting, and Mr. Chairman. Chairman Gonzalez: Thank you, sir. Mr. Fernandez: Yes. Mr. Chairman -- hold on a second -- and then I'm also informed that PZ.16 is going to be continued, and the -- one of the parties on that item is present at the podium, if she wants to make a statement. Otherwise, it's not necessary. It's just being acknowledged, ifyou consent, that the item will be continued. City ofMiami Page 5 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Chairman Gonzalez: Go ahead. Lucia Dougherty: Thank you, Mr. Chairman. Lucia Dougherty, with offices at 1221 Brickell Avenue; here today on behalf of PZ.9, and I believe the Manager wanted to change that to a date certain of November. Mr. Manager. Pedro G. Hernandez (City Manager): Which one is this, P --? Ms. Dougherty: This is PZ.9, which is the Bayview -- the supposed height ordinance for -- and I understand that you were going to continue that until November? Mr. Hernandez: Right. There's --I do agree with the item in concept. There are some issues that we want to clean up regarding how we ensure that the -- Ms. Dougherty: We agree -- Mr. Hernandez: -- public spaces would be available -- Ms. Dougherty: -- with you. We just want to make -- Mr. Hernandez: -- to the public. Ms. Dougherty: -- sure we had a date certain of November. Mr. Hernandez: I don't have a problem to bring it back in November. Chairman Gonzalez: Let me remind the Manager, at the beginning of this meeting, that November, we're only going to have one meeting, so you got to start being careful of you know, how many items you're going to -- Mr. Hernandez: Understood. Chairman Gonzalez: -- place on that agenda -- Mr. Hernandez: Yes. Chairman Gonzalez: -- unless you expect us to be here from 9 o'clock in the morning on that Thursday until the following day at 9 a.m. in the morning -- Mr. Hernandez: I will keep that in mind, from the beginning. Chairman Gonzalez: -- you know, and if that is going to be the case, then make sure you provide accommodations, like beds, and breakfast, and dinner, and -- all right? Ms. Dougherty: And the other item that we're here -- I'm here on is item PZ.16, which is 5101 Biscayne Boulevard, and I think that the City Attorney and the appellant and we, the appellee, agree to have that abated until we get some further clarification from the court. Chairman Gonzalez: Well, what I suggest that you do is that you, you know, meet with the other parties and fry to -- Ms. Dougherty: No. We have. We met last night, so -- Chairman Gonzalez: -- come to an agreement before -- City ofMiami Page 6 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Ms. Dougherty: Right. Chairman Gonzalez: -- coming here and, you know, having a three-hour discussion -- Ms. Dougherty: We agree. That's why we are abating this -- Chairman Gonzalez: -- to end up saying -- Ms. Dougherty: -- until we have -- Chairman Gonzalez: -- let's defer it -- Ms. Dougherty: Yes, sir. Chairman Gonzalez: -- now, after three hours of discussion. Ms. Dougherty: No. We agree. Chairman Gonzalez: All right? Thank you. Pamela E. Burns (Assistant City Clerk): Excuse me. Chairman Gonzalez: All right. Ms. Burns: Mr. Chair? Chairman Gonzalez: Yes. Ms. Burns: For clarity of our records, we show then that PZ.9, 18 -- Chairman Gonzalez: And 12. Ms. Burns: -- and 19 are going to be deferred to December 13? Ms. Dougherty: Except for PZ.9; would be in November. Ms. Burns: And PZ.9 continued to whatever date is established for the November meeting. Chairman Gonzalez: Right. Ms. Burns: Is that correct? Chairman Gonzalez: That's correct. Ms. Burns: And then PZ.16 -- Mr. Fernandez: Indefinitely. Ms. Dougherty: Just indefinite. Ms. Burns: -- indefinite. Chairman Gonzalez: Indefinitely. City ofMiami Page 7 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Ms. Burn: Thank you. Ms. Dougherty: Thank you. Commissioner Sarnoff Lucia? Chairman Gonzalez: Thank you. Commissioner Sarnoff What'd you do with your hair? Ms. Dougherty: Excuse me? Commissioner Sarnoff What'd you do with your hair? Ms. Dougherty: I made it eatable. City ofMiami Page 8 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 CA.1 07-01238 Department of Parks and Recreation CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT, FOR FISCAL YEAR 2007-2008, ENTITLED: "CHILD DAY CARE FOOD PROGRAM" AND APPROPRIATING FUNDS, IN THE ESTIMATED AMOUNT OF $61,743, CONSISTING OF ENTITLEMENT FUNDING ON A REIMBURSEMENT BASIS FROM THE FLORIDA DEPARTMENT OF HEALTH, ADMINISTERING FUNDS FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE; AUTHORIZING THE CITY MANAGER TO ACCEPT SUCH ENTITLEMENT FUNDING, ON A REIMBURSEMENT BASIS AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE OPERATIONS OF A YEAR ROUND FOOD SERVICE PROGRAM, FOR PRESCHOOL -AGED CHILDREN IN CITY OF MIAMI PARKS; FURTHER AUTHORIZING CONDITIONS AS STATED HEREIN. 07-01238 Legislation.pdf 07-01238 Exhibit.pdf 07-01238 Exhibit 2.pdf 07-01238 Exhibit 3.pdf 07-01238 Exhibit 4.pdf 07-01238 Exhibit 5.pdf 07-01238 Exhibit 6.pdf 07-01238 Exhibit 7.pdf 07-01238 Exhibit 8.pdf 07-01238 Summary Form.pdf 07-01238 Insurance Safety Approval Form.pdf 07-01238 Legal Services Request.pdf 07-01238 Contract Routing Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones CA.2 07-01239 Department of Fire -Rescue R-07-0601 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM -FIRE PREVENTION AND SAFETY," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, TO PURCHASE EQUIPMENT THAT WILL OFFER THE FIRE INVESTIGATION UNIT THE APPROPRIATE TOOLS AND TECHNOLOGICAL CAPABILITY TO CONDUCT A THOROUGH FIRE INVESTIGATION, IN THE AMOUNT OF $159,534, CONSISTING OF A GRANT AWARDED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, GRANTS MANAGEMENT BRANCH, WITH A REQUIRED MATCHING FUND FROM THE CITY OF MIAMI ("MIAMI"), IN AN AMOUNT NOT TO EXCEED $39,884, FOR A TOTAL GRANT AMOUNT OF $199,418; ALLOCATING THE CITY'S REQUIRED MATCHING FUNDS, FROM City ofMiami Page 9 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 ACCOUNT NO. 40-B72804-05-1105-EQUIPMENT-181000, FOR THE PERIOD BEGINNING JULY 27, 2007 THROUGH JULY 26, 2008; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE OF SAID GRANT. 07-01239 Legislation.pdf 07-01239 Summary Form.pdf 07-01239 Fire Prevention and Safety.pdf 07-01239 Letter.pdf 07-01239 Agreement Articles.pdf 07-01239 Application.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0602 CA.3 07-01240 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED AUGUST 8, 2007, PURSUANT TO INVITATION FOR BIDS NO. 31031.1, FROM TOWER PEST CONTROL, INC., FOR THE PROVISION OF PEST CONTROL SERVICES CITYWIDE, ON AN AS -NEEDED CONTRACT BASIS, FOR AN INITIAL PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. Votes: 07-01240 Legislation.pdf 07-01240 Summary Form.pdf 07-01240 Award Recomendation & Approval Form.pdf 07-01240 Award Sheet.pdf 07-01240 Tabulation Sheet.pdf 07-01240 Invitation For Bid.pdf This Matter was ADOPTED on the Consent Agenda. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0603 CA.4 07-01241 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED SEPTEMBER 17, 2007, PURSUANT TO INVITATION FOR BIDS NO. 32077, FROM METRO DADE COURT REPORTERS, INC., FOR THE PROVISION OF COURT REPORTING SERVICES CITYWIDE, FOR AN INITIAL PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City ofMiami Page 10 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Votes: 07-01241 Legislation.pdf 07-01241 Summary Form.pdf 07-01241 Award Recommendation & Approval Form.pdf 07-01241 Tabulation Of Bids.pdf 07-01241 Invitation for Bids.pdf This Matter was ADOPTED on the Consent Agenda. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0604 CA.5 07-01253 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROVISION OF AUTOMATIC TRANSMISSION EXCHANGE, OVERHAUL AND REPAIR SERVICES CITYWIDE, FROM PITTS ENGINE AND TRANSMISSION, INC., UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 2616-5/13, EFFECTIVE THROUGH MAY 31, 2008, WITH THE OPTION TO EXTEND FOR FIVE (5) ADDITIONAL ONE-YEAR PERIODS, ON AN AS -NEEDED CONTRACTUAL BASIS, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 07-01253 Legislation.pdf 07-01253 Summary Form.pdf 07-01253 Award Recommendation & Approval Form.pdf 07-01253 Contract Award Sheet.pdf 07-01253 Contract Award Sheet Modification History.pdf 07-01253 Parts Price Schedule.pdf 07-01253 Allison Transmissions Cover Page.pdf 07-01253 Re-Tran Price Schedule.pdf 07-01253 Invitation To Bid.pdf 07-01253 Special Conditions.pdf 07-01253 Appendix.pdf 07-01253 Bid Affidavits.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0605 CA.6 07-01265 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO REINSTATE, TO AMEND, TO EXTEND, AND TO EXECUTE THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION ("DEP") AGREEMENT NO. CZ603 AGREEMENT TO REINSTATE, IN SUBSTANTIALLY THE ATTACHED FORM, WITH DEP FOR DEVELOPING THE VIRGINIA KEY City ofMiami Page 11 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Votes: MASTER PLAN ("PROJECT"), IN THE AMOUNT OF $50,000, WITH A LOCAL MATCH PROVIDED BY THE CITY OF MIAMI IN THE AMOUNT OF $50,000, AND TO EXTEND THE REIMBURSEMENT PERIOD THROUGH THE DURATION OF THE PROJECT TO A COMPLETION DATE OF OCTOBER 31, 2007. 07-01265 Legislation.pdf 07-01265 Exhibit.pdf 07-01265 Exhibit 2.pdf 07-01265 Exhibit 3.pdf 07-01265 Exhibit 4.pdf 07-01265 Exhibit 5.pdf 07-01265 Exhibit 6.pdf 07-01265 Exhibit 7.pdf 07-01265 Summary Form.pdf 07-01265 Master Report.pdf 07-01265 Pre-Legislation.pdf 07-01265 Agreement to Reinstate.pdf 07-01265 Project Work Plan.pdf 07-01265 Scope Of Work Information.pdf 07-01265 Project Objectives & Related Tasks.pdf 07-01265 Project Budget Schedule.pdf 07-01265 Project Budget Narrative.pdf 07-01265 SUBSTITUTED DEP Agreement No. CZ603.pdf 07-01265 Accepting DEP Grant CZ603.pdf 07-01265 Master Report 2.pdf 07-01265 Pre-Attachment.pdf 07-01265 Pre -Legislation 2.pdf 07-01265 DEP Agreement No. CZ603 2.pdf 07-01265 Project Work Plan 2.pdf 07-01265 Progress Report Form.pdf 07-01265 Payment Request Form.pdf 07-01265 Special Audit Requirements.pdf 07-01265 Contract Provisions.pdf 07-01265 Funds Awarded.pdf 07-01265 Regulations.pdf 07-01265 Pre -Attachment 2.pdf This Matter was ADOPTED on the Consent Agenda. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0606 CA.7 07-01274 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY JOHN L. HARACZ, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $65,000 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 JOHN L. HARACZ VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 02-16946 CA 01, UPON THE City ofMiami Page 12 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 EXECUTION BY JOHN L. HARACZ, OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. 07-01274 Legislation.pdf 07-01274 Cover Memo.pdf 07-01274 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0607 CA.8 07-01275 RESOLUTION Honorable Mayor Manny Diaz A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $44,369, FROM MIAMI-DADE COUNTY PUBLIC SCHOOLS, CONSISTING OF A GRANT AWARDED BY THE FLORIDA DEPARTMENT OF EDUCATION, TO PROVIDE SERVICES FOR THE 21ST CENTURY COMMUNITY LEARNING CENTER MENTORED MINDS MATTER AT LENORA B. SMITH ELEMENTARY SCHOOL, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 07-01275 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones CA.9 07-01118 Department of Information Technology R-07-0608 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSAL 18034 ("RFP'), THAT THE SOLE RESPONDENT, GRANICUS, INC., IS RESPONSIVE TO THE RFP REQUIREMENTS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH GRANICUS, INC., FOR THE PROVISION OF A HOSTED SYSTEM TO PROVIDE VIDEO STREAMING FOR AN INITIAL PERIOD OF THREE (3) YEARS, WITH AN OPTION TO RENEW FOR UP TO THREE (3) ADDITIONAL ONE-YEAR PERIODS; WITH THE TOTAL COST FOR THE INITIAL THREE-YEAR PERIOD NOT TO EXCEED $92,600, WHICH INCLUDES THE ONE-TIME, WEB STREAMING SOLUTION, NOT TO EXCEED $35,000, AND THE ANNUAL MANAGED SERVICE COSTS ("MSC"), NOT TO EXCEED $19,200, FOR EACH YEAR OF THE INITIAL THREE-YEAR TERM; THEREAFTER, WITH ANY SUBSEQUENT ANNUAL MSC INCREASES NOT TO EXCEED FIVE PERCENT (5%), FOR EACH ONE YEAR OPTION TO City ofMiami Page 13 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Votes: RENEW PERIOD; FUNDING IN THE INITIAL YEAR WILL BE DERIVED FROM INFORMATION TECHONOLOGY STRATEGIC ROLLOVER ACCOUNT NO. 15500.251000.531000, AND IN SUBSEQUENT YEARS, THE FUNDING FOR THE MSC INCLUDING HOSTING SERVICES WILL BE DERIVED FROM THE DEPARTMENT OF INFORMATION TECHNOLOGY ACCOUNT CODE NO. 00001.251000.554000, WITH ANY FUTURE YEARS' FUNDING SUBJECT TO BUDGETARY APPROVAL. 07-01118 Legislation.pdf 07-01118 Exhibit.pdf 07-01118 Exhibit 2.pdf 07-01118 Exhibit 3.pdf 07-01118 Exhibit 4.pdf 07-01118 Exhibit 5.pdf 07-01118 Exhibit 6.pdf 07-01118 Summary Form.pdf 07-01118 Corporate Resolutions.pdf 07-01118 Granicus Inc Resolution.pdf 07-01118 Granicus Inc Pricing Amended.pdf 07-01118 Letter.pdf 07-01118 Web Streaming Solution.pdf 07-01118 Managed Services.pdf 07-01118 Project Implementation Timeline.pdf 07-01118 Professional Services Description.pdf 07-01118 Media Manager Software.pdf 07-01118 Mobile Encoder.pdf 07-01118 Media Center.pdf 07-01118 Outcast Encoder.pdf 07-01118 Media Vault.pdf 07-01118 Granicus Inc, Add Option.pdf 07-01118 Live Meeting Management.pdf 07-01118 Minutes Maker.pdf 07-01118 Services Agreement.pdf 07-01118 Granicus Request For Porposal.pdf 07-01118 Request For Proposals.pdf 07-01118 Evaluation Committee's Recommendation.pdf 07-01118 Memo.pdf 07-01118 Granicus Inc Proposal Attachment A.pdf 07-01118 Request For Proposals 2.pdf 07-01118 RFP ForA Hosted System.pdf 07-01118 Web Streaming Requirements.pdf 07-01118 Responses To Web Streaming Requirements.pdf This Matter was ADOPTED on the Consent Agenda. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0609 Adopted the Consent Agenda City ofMiami Page 14 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA Chairman Gonzalez: Now we go to the consent agenda. Are there any items on the consent agenda that any of the Commissioner [sic] wish to pull or discuss or --? Vice Chairman Sanchez: Mr. Chairman, I would respectfully request that item CA.2 be pulled for discussion. I think we need to get Fire -- Department of Fire -Rescue. Chairman Gonzalez: All right. CA.2, do we have any -- someone here, yes, from the Fire Department to answer questions? Vice Chairman Sanchez: Is that the item -- is that the only item being pulled for discussion? Chairman Gonzalez: Yes. Vice Chairman Sanchez: All right. Let me just take the opportunity to congratulate you on this. I fully support this. You know, we had a rash offires in my district, in District 3, in Little Havana, quite some time ago, and maybe this is something that could help expedite investigations and having a better rapport [sic] back to the Commission. I know that this is accepting $160, 000 grant. I know we're -- it's a $40, 000 matching grant for the purchase of sophisticated equipment for arson investigation. You know, I had never got a response back from that task force that we put together as to what those fires were. Hopefully, this -- these equipments will be able to maybe facilitate your investigations and have a quicker response back to the Commission, because I had a lot of questions from a lot of the merchants and a lot of people that were just out, basically, frightened because of the rash offires that we had, so -- William "Shorty" Bryson: Just a quick comment, Commissioner. Shorty Bryson, Fire chief. That task force was a multijurisdictional task force; included State people, included Tobacco and Arms people, and we also didn't get answers back. We never did identify one specific arsonist in that whole situation in Little Havana there, and this stuff will help us in our own house do a better job. Vice Chairman Sanchez: Well, hopefully, doesn't happen, but let's say that we should have another spring offires in another district, I'm hoping that with this equipment, you'll be able to provide more information -- Fire Chief Bryson: That's our objective, sir. Vice Chairman Sanchez: -- so, all right. No further discussion on this item. If it's the only item that has not been voted on, I would move this item. Chairman Gonzalez: All right. We have a motion on the consent agenda. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: There is a second. All in favor -- before calling the vote, anyone from the public that wants to speak on the consent agenda? Seeing none, hearing none, public hearing is closed. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 15 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Chairman Gonzalez: Motion carries. City ofMiami Page 16 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 PUBLIC HEARINGS PH.1 07-01249 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "YMCA CARVER," A SUBDIVISION IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 07-01249 Legislation.pdf 07-01249 Exhibit.pdf 07-01249 Exhibit 2.pdf 07-01249 Exhibit 3.pdf 07-01249 Exhibit 4.pdf 07-01249 Exhibit 5.pdf 07-01249 Exhibit 6.pdf 07-01249 Summary Form.pdf 07-01249 Memo.pdf 07-01249 Notice of Public Hearing.pdf 07-01249 Memo 2.pdf 07-01249 Notice of Public Hearing 2.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0610 Chairman Gonzalez: Public hearing, accepting a plat for YMCA (Young Men's Christian Association). Stephanie Grindell: Stephanie Grindell, director of Public Works. PH.1 is a resolution accepting the plat of YMCA Carver, which is located along the north side of Northwest 71st Street, between Northwest 3rd Avenue and 5th Court. Chairman Gonzalez: All right. 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. Is there a motion? Commissioner Spence -Jones: So moved. Chairman Gonzalez: We have a motion. Is there a second? Commissioner Regalado: Second. Chairman Gonzalez: There is a second. All in favor, say "aye." City ofMiami Page 17 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. PH.2 07-01145 RESOLUTION Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "MINA ESTATES," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 07-01145 Legislation.pdf 07-01145 Exhibit.pdf 07-01145 Exhibit 2.pdf 07-01145 Exhibit 3.pdf 07-01145 Exhibit 4.pdf 07-01145 Exhibit 5.pdf 07-01145 Exhibit 6.pdf 07-01145 Summary Form.pdf 07-01145 Memo.pdf 07-01145 Memo 2.pdf 07-01145 Notice Of Public Hearing.pdf 07-01145 Notice Of Public Hearing 2.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0611 Chairman Gonzalez: PH.2. It's another plat. Stephanie Grindell (Director, Public Works): PH.2 is a resolution accepting the plat ofMina Estates, which is located along the north side of North Venetian Drive on Biscayne Island. Chairman Gonzalez: Anyone from the public that wants to speak on the item, please come forward to be recognized. Seeing none, hearing none, public hearing is closed. I need a motion. Commissioner Sarnoff I'll make a motion for purposes of discussion. Chairman Gonzalez: We have a motion. Is there a second? Commissioner Regalado: Second. City ofMiami Page 18 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Chairman Gonzalez: There is a second. Discussion. You're recognized, Commissioner Sarnoff. Commissioner Sarnoff I want to understand something because this apparently is an unusual situation where two houses were built and there was no subdivision done. Now they're asking, after the construction of these two houses, to subdivide the lots, and what I want to know is are these lots in conformity once the subdivision occurs with the proper setbacks, side, front, and rear setbacks? Ms. Grindell: Yes, they conform. Commissioner Sarnoff Have we checked? Ms. Grindell: This is a situation where a couple years ago we changed the platting process, where you didn't have to have it complete before you applied for a building permit. This met the criteria. They entered into a hold harmless agreement, and they got an approved tentative plat. At that point, they are allowed to pull building permits, and it must require -- it must meet the new requirements. Commissioner Sarnoff But here's my question. As these buildings are built right now, are they properly platted such that all their setbacks are correct once we subdivide now? Ms. Grindell: Once the plat is approved? Commissioner Sarnoff Yes. Ms. Grindell: Yes, they'll meet the new setback requirements. Commissioner Sarnoff You've checked? Ms. Grindell: Yes. Commissioner Sarnoff Okay. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City ofMiami Page 19 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 SR.1 07-01257 District 4- Commissioner Tomas Regalado ORDINANCE - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I/SECTION 10-5 ENTITLED "BUILDINGS/IN GENERAL/WAIVER OF FEES," TO EXEMPT SENIOR CITIZENS FROM THE PAYMENT OF FEES UNDER CERTAIN CIRCUMSTANCES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 07-01257 Legislation FR.pdf 07-01257 Legislation SR.pdf Motion by Commissioner Regalado, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12950 Chairman Gonzalez: Let's go into second reading ordinance. Waiver of fees, senior citizens. Commissioner Regalado, I believe that was your item at the prior agenda. Commissioner Regalado: Yes. Thank you very much, Mr. Chairman. This is a second reading, and this is just -- this ordinance was approved by this Board three years ago, and it just sunset. Now what we're doing is having the same ordinance. This will waive the fees for seniors who qualify for double homestead exemption, who wants to be up -to -code in case of Code enforcement violation, and that we know of several have already use this ordinance to fix their Code violations. Although, the public doesn't know too much about it, so it is on the letter now. Every time that there is a Code enforcement violation letter sent, now it's on the letter, provided that the Code enforcement violation is on a residential home and not on the commercial property, so I move on second reading this ordinance. Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. 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. Seeing none, hearing none, the public hearing is closed. Let me remind the Adminisfration that as a -- that that ordinance had an amendment, also from Commissioner Regalado, to have signs at Building and Zoning that advertise that senior citizens will have their fees waived. Mr. Manager, you remember that, right? Pedro G. Hernandez (City Manager): Yes, I do. Chairman Gonzalez: Okay. All right. Have the signs been installed? Mr. Hernandez: Excuse me, sir. The signs? Chairman Gonzalez: Yeah. When we discuss this item on the first reading, Commissioner Regalado suggested or directed the Adminisfration to place signs at the Building and Zoning Department where people have to get their permits advertising that senior citizens will have their fees waived to correct Code enforcement violations. Mr. Hernandez: Sir, we do have the signs. City ofMiami Page 20 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Chairman Gonzalez: You do have the signs. Mr. Hernandez: Yes. Chairman Gonzalez: Thank you very much. Mr. City Attorney, will you read the ordinance? Jorge L. Fernandez (City Attorney): Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: The ordinance has been adopted on second reading, 5/0. Chairman Gonzalez: Thank you. City ofMiami Page 21 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 FR.1 07-01279 District 2- Commissioner Marc David Sarnoff ORDINANCES - FIRST READING ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 35 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED, "MOTOR VEHICLES AND TRAFFIC," BY CREATING ARTICLE X, ENTITLED, "DANGEROUS INTERSECTION SAFETY," PROVIDING FOR RECORDED IMAGE MONITORING AND ENFORCEMENT OF RED LIGHT INFRACTIONS, AND FOR RELATED PROCEDURES AND PROVISIONS; FURTHER AMENDING CHAPTER 2, ARTICLE X, SECTION 2-829, ENTITLED "ADMINISTRATION/CODE ENFORCEMENT/SCHEDULE OF CIVIL PENALTIES," TO FACILITATE USE OF CODE ENFORCEMENT MECHANISM FOR DANGEROUS INTERSECTION SAFETY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 07-01279 Legislation.pdf 07-01279 Exhibit.pdf First Reading Motion by Commissioner Sarnoff, 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: First reading ordinance, FR.1. Anybody from the Administration on FR.1 ? Commissioner Sarnoff If you don't mind, I'll take it -- Chairman Gonzalez: All right. Commissioner Sarnoff -- if -- with Mr. Manager. This -- Mr. -- excuse me, Mr. Chairman and Commissioners; this is an ordinance that would allow us to put traffic monitoring devices on or various traffic lights. What I did was I looked at the City ofAventura's ordinance. This is essentially their ordinance. It would allow us to do so as a Code enforcement. To give you a perspective, in terms of enforcement, number one -- and I hope the chief is here. Chief you want to come up for a second? If I'm incorrect, correct me, but I believe that we are the number -one traffic homicide fatality city in the nation; am I correct? John F. Timoney (Chief of Police): Well, I don't -- when I first got here, it was the only city in America where there were more traffic homicides than regular homicides. Most of the cities, it's three to one reverse. If you had 300 people killed by guns and knives, you'd have a hundred people killed by accident. Actually, there were more vehicular deaths than killings. Commissioner Sarnoff And so we obviously have an issue with our resources in terms of number of police officers, what they should be doing, and what they should not be doing, and the fact that we're having to restock our Police Department may be because of a contract dispute which went on for a period of time, but interestingly enough as well, everybody knows, I call it, the three rounds of tax relief. We're in round one; round two's about to happen; there'll be round three. We're going to be looking at reductions again. This potentially, on a very, very conservative outlook, will bring about $3 million to the City ofMiami a year. This potentially could bring as much as $10 million a year, and this is for people who are violating the law, people that are going through red lights, people that are not driving as they should. This is an ordinance that's going to need a little bit of ownership, Mr. City Manager, from a department. It's either going to probably come from the Police Department or from the Code Enforcement, City ofMiami Page 22 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 and there's no doubt that this is structured for Code Enforcement, and if anybody's wondering why that is, we cannot put this, based on a memorandum from Charlie Crist when he was Attorney General, we cannot attach this to the fraffic laws, these Florida Statutes. It has to be done through Code enforcement. We may need to ramp up a little bit in terms of manpower, but you did create, I think, 16 additional Code enforcement officers, or some number, last year. We're obviously going to have to have, to some degree, hearing officers to hear these cases. The interesting part of this process is the actual equipment, the software will be free of charge, in that the contracting service that will do this for us takes a percentage, so it doesn't really cost us anything, but this is a huge potential for the City, the huge potential for the City to become safer, and a huge potential for those who violate the laws to have to pay, and it's good government to free up our police officers, and it's good government to create a funding source for violators. Chairman Gonzalez: All right. Anyone from the public on this ordinance, please come forward to be recognized. Seeing none, hearing none, public hearing is closed. Mr. Manager. Pedro G. Hernandez (City Manager): All right. I just wanted to add some additional information to what Commissioner Sarnoff had said: The Florida Statutes do not allow the use of uniform traffic citations based on the red light enforcement camera system. Therefore, this, in essence, will be done through the Code enforcement process, and the equipment that is to be used will not, in any way, be connected either physically, electronically, to the signal system, to the controller box that controls the signal because the County would not allow that since Florida Statutes don't allow it, so the technology is available to have this done without having a direct connection to the traffic controller box. That's important, and there are several firms, I understand, that do this type of work with today's technology, so I think that we have to consider also going through some sort of an RFP (Request for Proposals) process in order to allow for a competitive process, since I know we have at least three or four firms nationally that do this type of work. I understand that a few municipalities in the State already have it. I know that other municipalities in the County are applying or are trying to do the same type of ordinance. The way to work the enforcement side will be to have special masters, which can be paid from the revenue that we would receive. Also, if there is a concern as to where would these revenues go, I just had a thought that maybe we could use those dollars to have PSAs, Public Service Aides, and the reason I say that is because it's related to facilitating and controlling traffic. Anything that comes to mind that would support the enforcement of traffic, facilitating the flow, even improving intersections is where I think the money should go. I will work with staff to determine the staffing that we need and so forth, and I'll have that before the next reading. Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: Yes, sir. Vice Chairman Sanchez: On the issue itself I have to agree that this is probably the only place where a red light doesn't mean stop; it means hurry up, and if you drive through Miami nowadays, not only is there a problem with people taking red lights, but also during rush hour, blocking of major highways. I mean, that's an issue that's really affecting us, so this may be a remedy. The only concern that I had, and I think it's been addressed, is the procurement side of it, where I don't want to put the cart before the horse on this. I do support this. I think this will be a great tool for us, not only to enforce our laws and get people to be more respectful of our traffic laws, but also as a revenue stream for the City ofMiami to be used for Code enforcement and improving the quality of life, so that's something that has to be explored, and I think the only concern that I had this -- was going to be the procurement side of it as to the RFP. Mr. Hernandez: Definitely. Something else also, just to give you an idea. The County has 2,600 traffic signals, and in the City ofMiami, we have over 600, so that's a significant number. I was talking to the folks this morning that work for the County at fraffic control center trying to get an idea as to maybe where you should be initiating the first installations, whether you go in high City ofMiami Page 23 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 volume corridors, like at 27th Avenue and US 1, et cetera. They don't know exactly. They're going to forward information to us as to research that they have done in other cities in the US (United States), so we'll be learning more as to the application between now and the next time this comes back. Vice Chairman Sanchez: Would this be an interlocal agreement with the County as to --? Mr. Hernandez: No, it doesn't require that, because our equipment would be totally separate -- Vice Chairman Sanchez: Separate. Mr. Hernandez: -- and it would not have an impact or connection to the fraffic control box. It will not be also installed on their mast arms, so it's total separation. Vice Chairman Sanchez: All right. Mr. Hernandez: Now a comment that was made to me also was that, yes, well, you may need that -- the most important thing was the public relation aspect of it, that we have to very much publicize the fact that the City will be having or will have in place that traffic detection method. In essence, then people driving into the City ofMiami will respect the signals more within the City. There is also a potential downside that you may have more rear end accident as a result of people respecting the red light, but it's something to be analyzed further. Vice Chairman Sanchez: But the whole issue here is traffic enforcement, getting people to respect the traffic laws, and you know what? It boils down to safety. Camera provides safety for people. Commissioner Sarnoff And there's an unintended consequence, too. Most criminals who are hightailing it out, tend not to stop at fraffic lights, so you're about to capture somebody's license plate number could be right after a burglary occurs, and that's a very useful tool for the Police Department. I will bet you dollars to doughnuts that if you just stole from somebody, you're probably not going to stop at the traffic light. Commissioner Spence -Jones: Mr. Chairman, I just want to add, and it's -- chief you already know. I've been camera -- every -- for two years, I've been talking about cameras, so I definitely support, you know, the issue of having -- any way that we can stop people from, you know, speeding through red lights, I support, of course, Commissioner Sarnoffs item. I'm glad that the City Manager has cleared up some of the issues or concerns I had regarding it, so I'm assuming that, Mr. Manager -- I'm sorry -- when -- before this item comes back to us, a lot of the things will be flushed out fully? Mr. Hernandez: Definitely. I'll continue to gather information as to the logistics, the staffing required, the process that we have to go through as far as the competitiveness, and provide a report on it. Commissioner Spence -Jones: And your suggestion is really, more or less, whatever revenue that comes from this, that it really should go towards PSAs. Is that --? Mr. Hernandez: Yes, I think it's PSAs because the idea of the PSAs is to have more police presence on the streets to help in controlling traffic at the peak hours. I think that's -- Commissioner Spence -Jones: So Code Enforcement -- Mr. Hernandez: -- related. City ofMiami Page 24 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Commissioner Spence -Jones: -- wouldn't actually be involved in that process? Mr. Hernandez: Well, Code Enforcement is involved in the process, and the special masters that are hired to actually, you know, handle these cases, would have to be paid out of that revenue, net revenue. Commissioner Spence -Jones: Okay. Do we have -- I'm assuming by the time we get back together, you'll have some sort of analysis as to, like how Aventura does it and kind of what, you know --? Mr. Hernandez: Right. My understanding is that -- Commissioner Spence -Jones: What that cost is and -- Mr. Hernandez: Right. Commissioner Spence -Jones: -- how they operate, and do they operate it through their Code enforcement, or do they operate it through the Police? Commissioner Sarnoff Code. Mr. Hernandez: I'll do the research, and provide you a full report on it before this item comes back to the City Commission. Commissioner Spence -Jones: Okay, because I'm just -- only reason I'm mentioning this is, you know, we already have issues with not having enough Code enforcement officers already in all of our disfricts, so if this is already an issue now just getting them to enforce whatever's happening within our particular disfricts, now we're adding on additional workload, so I just want to make sure that we flushed out everything. I support it 100 percent, and at this point, that puts additional eyes on the streets, so that's not even a problem. I just don't want us to have to suffer in another area because now we have Code Enforcement focusing on coming to hearings where people are running lights like all the time, and our people are stretched, so that's my only comment. If you can flush it out, I support it 100 percent so, on my end, I'm ready to vote on this. Mr. Hernandez: I will. Chairman Gonzalez: Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. Chief are we participating on the Don't Block the Box program from the County? Deputy Chief Frank Fernandez (Police): Frank Fernandez, deputy chief. Yes, we are, Commissioner. We do participate with the County with the Don't Block the Box, and we do enforce it on a daily basis, but they also have campaigns they do collectively throughout the County. Commissioner Regalado: So have you seen any peak on fines on people that do block the intersections, if we are, you know, enforcing at any given intersection? Deputy Chief Fernandez: Well, County's taken a real strong initiative with it. As you notice, on US 1, at every intersection, there's a sign says "Do Not Block the Intersection, " tells you the fine, so that in itself is a preventive measure, plus our enforcement. We're definitely seeing a decline of people blocking the intersection, and particularly, where we get a significant problem is on Brickell, on 7th street, on 8th on Brickell as the bridge goes up, people block the intersection. City ofMiami Page 25 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 We are seeing a decline there as well. Commissioner Regalado: Okay, so one thing that I don't understand is the Code enforcement aspect. If you take a red light, a policemen will see you, and you get a ticket, so why not the police issuing the tickets, and I know that when you issue a ticket, you know, the City gets this, and the County, and the court systems, and -- it's a universal traffic fine, so why not the police issuing the tickets? Mr. Hernandez: Commissioner, basically, because this is not allowed under the Florida Statutes, and you cannot issue a traffic citation -- as a matter offact, this will not be a moving violation. The person will not receive points on their license, so it's -- the State, over I don't know how many years because while I was -- while at the City and while at the County before, local government had been trying to, in essence, have red light enforcement, and we could never get it pass the State Legislature. It would never be approved. Otherwise, it would be at that level. Commissioner Regalado: And I understand that, butMDX (Miami -Dade Expressway) has the same camera. You take a toll and they will bill you for one hundred bucks, and it's no points on your license. It's not a moving traffic violation, butMDX has this department that will bill you. The turnpike authority will do the same, so what is the problem of using the same model for that? Mr. Hernandez: Well, in essence, we will be using a similar model by going through a competitive process to select a company to do this for us, but it's not -- it's totally outside of the realm of traffic regulations. Florida Statutes don't allow it, and that's why the County will not allow us to connect to their system. Commissioner Regalado: Okay, but suppose that somebody takes a red light and causes an accident? So we have a Code enforcement, plus a criminal violation. Mr. Hernandez: If you have a police officer actually issuing the ticket, then the actions through the red light enforcement will be void. The action by the police officer takes precedence, and only one action will be taken or one notice or one ticket. Commissioner Regalado: I think it's a great idea. I do think. I just think that -- in order to -- for this to have the chilling effect, it should be a police issue, you know, and to me, it's very easy for -- to establish a chilling effect on drivers, you know. Those electronic signals that you have on US 1, you know, construction, or I-95 says, you know, traffic lights monitor by cameras, City of Miami, you know. That, in itself is a chilling effect for drivers, so there is no need even for a public relations campaign of massive reach because if you move the electronic devices from one intersection to another, you accomplish the same thing, and as a matter offact, I think that the purpose of this ordinance is to reduce accident, not to make money -- Mr. Hernandez: Exactly, you're right. Commissioner Regalado: -- and so that's what I think, and this is what I think. It should be -- okay, it's a Code enforcement issue, and Code Enforcement would administer it, but the police should be also involved, and that's -- Mr. Hernandez: Right. Commissioner Regalado: -- my point. Mr. Hernandez: Commissioner, I think that they -- they're the main force because they're the ones that have to review the photograph and be able to certify the violation, in essence. Code Enforcement is involved just in the process of bringing the case to the special masters, and City ofMiami Page 26 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 handling the, I would say, paperwork related to the violation, but you need a police officer to view the evidence and certify that it is a violation -- Commissioner Regalado: So -- Mr. Hernandez: -- so we need to also have additional support at the Police Department. Commissioner Regalado: -- what happen ifI don't want to pay? Chief Timoney: I think it's -- put a lien on your house, as you would in any other civil enforcement matter Commissioner Regalado: So -- Chief Timoney: The way it works, they would get the tickets on a weekly basis. We've met with some vendors already that have been proposing, and we've spoken to other municipalities, and what we would do is assign on a weekly basis one of our motor officers to go over -- go through them all and certify, yep, he did, in fact, go through the red light; recertify it, then it gets processed, but the enforcement of that process is a civil matter. This is the guy in charge. Mariano Loret de Mola: Let me -- Loret de Mola, Code Enforcement director. Let me help him because I'm getting all the work; he's getting all the money, so let me help him right now with the enforcement. The enforcement -- and that's a right question, Commissioner Regalado. Our enforcement -- Code Enforcement, once nobody doesn't want to pay the fine, we go and lien the property. If the violator is not a resident of the City ofMiami, it will be very hard for Code Enforcement to enforce and collect the fine, and that's -- and he's right about his question, all right. Our old system on Code Enforcement and special master, Code Enforcement Board, is based on City addresses and City properties, so in these cases, what you taking is, you making a picture of the -- Commissioner Regalado: Don't say that, because then if you don't live, you can take a red light. Commissioner Spence -Jones: Not only that, but what about if you don't own anything? Mr. Loret de Mola: If you don't own anything -- Commissioner Spence -Jones: What are you going to put a lien on? Loret de Mola: The only way to get and collect that fine is through the driver's license or the owner of the vehicle. Commissioner Spence -Jones: I -- that's the reason why I feel like, really, Mr. City Manager, before we make a big decision like this, we really need to make sure we flush out -- we really flush it out, because it's so many unanswered questions, and as Commissioner Regalado continue to speak, it just became evident that we really need to make sure that before we pass this item, we have thoroughly gone through it, and we honestly know that this is something that's going to work. Mr. Hernandez: Commissioner, I agree, and I'll -- Commissioner Spence -Jones: We know we got a problem with traffic, and we know that people are running lights, but I'm just afraid for Commissioner Regalado to say one more thing that he's going to be right on, and then in a minute, I'm just like not going to even support the item. Mr. Hernandez: Well, we'll -- I'll proceed with the research locally, in South Florida, at the City ofMiami Page 27 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 state level, and also nationally, and see how it's handled in other areas. I know of at least one municipality in the state that is using it today, and apparently, it's working. It hasn't even been challenged, so I'll pursue to see how they are handling this concern, and I'll give the full Commission a report from our results of researching state and nationwide. Chairman Gonzalez: All right, so what are we doing now, deferring this? Commissioner Sarnoff Well, I'd like to call it -- Commissioner Regalado: No. Commissioner Sarnoff -- for a vote. I think this is good legislation. Chairman Gonzalez: Yeah. Commissioner Regalado: It is good, because even though there are no details, this is a psychological -- Commissioner Sarnoff Right. Commissioner Regalado: -- law. It sends the message: We are going to enforce red lights. It sends the message, you know, we're going to go after you, if you take a red light, you know. If it were for me, I'll put a little camera on every stop sign because on the residential areas, people do take the stop signs more than they take red lights, and the complaints that we get are higher from residential areas than from commercial corridor, but it is a good sign. It is a good piece of legislation. I agree. I just think that this needs to be presented as an enforcement of the traffic laws in the City ofMiami, and you know, we need to understand that this is not about income; it is about safety. You know, forget about the income because it's going to be a nightmare trying to collect, because you know, I will bet you -- and the chief will probably had to say something about it -- that 90 percent of the people that regularly take the red lights are people that do not care about Code enforcement and do not care about laws; they just -- you know, they live the way they live, so -- but if we can reduce by ten percent the number of accidents, this is great. If we can reduce by one the number of accidents, this is good, so I'm -- Commissioner Spence -Jones: I think we're all prepared to support the item. I don't even think that that's an issue. Chairman Gonzalez: All right. Let's -- Commissioner Spence -Jones: Only thing I'm asking is that we do flush it out before it comes back. That's my only comment. Chairman Gonzalez: All right. Did we had [sic] a motion and a second on this ordinance? Vice Chairman Sanchez: Yes. Pamela E. Burns (Assistant City Clerk): No, we did not. Commissioner Spence -Jones: No. Chairman Gonzalez: All right. Commissioner Sarnoff I'll so -- Chairman Gonzalez: Is there a motion on the ordinance? City ofMiami Page 28 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 FR.2 07-01175 District 2- Commissioner Marc David Sarnoff Commissioner Sarnoff -- move. Commissioner Spence -Jones: Second. Chairman Gonzalez: There is a motion, and there is a second. I think I open it to the public. Jorge L. Fernandez (City Attorney): It's an ordinance. Chairman Gonzalez: Mr. City Attorney, it's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. 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. Mr. Hernandez: Mr. Chairman, if you allow me, I would like to put on the record that this item is going to take a certain amount of time of research and developing a -- the proper report to you Vice Chairman Sanchez: So it's going to take -- Mr. Hernandez: -- so it will be December or January, I think, for us to bring it back, possibly. Chairman Gonzalez: All right. Commissioner Spence -Jones: As long as it's right. Mr. Hernandez: Thank you. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREET AND SIDEWALKS," BY AMENDING SECTION 54-1, TO ADD NEW DEFINITIONS; AMENDING SECTIONS 54-7 THROUGH 54-10 TO PROHIBIT PLACEMENT OF SIGNS IN THE PUBLIC RIGHT-OF-WAY; ESTABLISH CRITERIA FOR REBUTTABLE PRESUMPTIONS CONCERNING PLACEMENT OF SIGNS ON THE PUBLIC RIGHT-OF-WAY; CREATING NEW SECTIONS 54-10.1 THROUGH 54-10.4, TO PROVIDE FOR SEIZURE OF SIGNS FOR USE AS EVIDENCE AT PROSECUTION; PROVIDE FOR ENFORCEMENT AND PROVIDE FOR CIVIL FINES AND PENALTIES FOR VIOLATIONS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 07-01175 Legislation.pdf DEFERRED City ofMiami Page 29 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Sarnoff, and was passed unanimously, to defer item FR.2 to the Commission meeting currently scheduled for January 10, 2008. Chairman Gonzalez: FR.2, I will -- you know, I will personally appreciate if this item be defer, and the reason is, Mr. Manager, as I was telling you, you know, there is a total disorder out there with signage. I have commercial areas in my district where people get a piece of wood and two-by-fours and they paint the sign, and install a sign, you know, and there's some shopping centers that have ten stores and seventy signs, and -- I mean, and that looks terrible, not only for the image of the neighborhood, but for the image of the City, and I don't know if this ordinance includes regulating those signs. Commissioner Sarnoff It regulates signs on the public right-of-way. I have no problem with deferring this because I'd like -- there's an ordinance that goes hand in glove with this called the "Anti Handbill" ordinance, and that's the ordinance that is designed to get rid of -- Chairman Gonzalez: Yeah. Commissioner Sarnoff -- these that are dropped on our streets -- Chairman Gonzalez: Right. Commissioner Sarnoff -- everyday, and these two ordinances should come together, and I believe it will -- we're endeavoring to regulate the way people drop things -- Chairman Gonzalez: Right. Commissioner Sarnoff -- in terms of pollution and in terms of visual pollution in our City, and cleaning up the image, and making us a cleaner and, I think, more productive city. I have no problem deferring it because I'd like to hear these two issues together. One's going to be called the -- Chairman Gonzalez: No, no. What I'm frying to do, Commissioner Sarnoff is trying to make this ordinance more comprehensive that includes more issues -- Commissioner Sarnoff Okay. Chairman Gonzalez: -- dealing with signs, because what I'm seeing out there is -- I mean, it's totally out of hand. It's, you know -- Commissioner Spence -Jones: And -- Chairman Gonzalez: -- and there's no regulations. You know, people are placing signs, whatever size they want, whatever design they want, and it is happening all over the place. Commissioner Sarnoff I -- I'd like just, you know, give you the time you need. Hopefully, we could get this done maybe even in January. Chairman Gonzalez: Yeah. If any of you would like to make a motion to defer -- Vice Chairman Sanchez: So move to defer. Chairman Gonzalez: --I would really appreciate it. Commissioner Sarnoff I'll second. City ofMiami Page 30 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Commissioner Spence -Jones: Second. I just want to make a comment to Mariano. This is something actually we've been working on for almost about a year, and I know that you put a team together to look at what other municipalities are doing to, you know, address this issue because I've been having -- you know that I've been on you for at least a year or so frying to get it done, so this ties into actually the first handbill issue that we've been working on for a minute - - with the other municipalities, so I totally support combining Commissioner Sarnoffs issue along with my issue to, you know, make sure that this gets done for the City. Chairman Gonzalez: Mr. Manager, I would like to meet with you later on with more ample time to discuss my issues in my district with the signage problem because it's totally, totally out of hand. It's -- Pedro G. Hernandez (City Manager): Mr. Chairman -- Chairman Gonzalez: -- out of control. Mr. Hernandez: -- at the same time, well bring both items and brief you on both items, and hear your concerns as to how we can bring that in. Chairman Gonzalez: All right. Very good. Commissioner Sarnoff Proceed to vote on this (UNINTELLIGIBLE). Chairman Gonzalez: All right, so we have a motion; we have a second to defer. All in favor, say "aye. The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Pamela E. Burns (Assistant City Clerk): Excuse me, Mr. Chair. Do we have a date specific for the deferral? Vice Chairman Sanchez: No. Chairman Gonzalez: We can place it on the January agenda, so we have ample time to go over it. Do you agree, Commissioner Sarnoff? Commissioner Sarnoff Yeah. I -- Chairman Gonzalez: January? Commissioner Sarnoff -- January's fine. Fine. Chairman Gonzalez: January. First meeting in January. DDA (Downtown Development Authority) has to be taken after 5 p.m. Mr. Fernandez: Correct. FR.3 07-01312 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH Attorney ATTACHMENT(S), RELATED TO TAXATION, DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, FLORIDA; FIXING THE MILLAGE AND City ofMiami Page 31 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 LEVYING TAXES IN SAID DOWNTOWN DEVELOPMENT DISTRICT FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008, AT FIVE -TENTHS (.5) MILLS ON THE DOLLAR OF NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL PROPERTY IN SAID DISTRICT; PROVIDING THAT SAID MILLAGE AND THE LEVYING OF TAXES WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI ("CITY") AS REFLECTED IN THE CITY'S MILLAGE LEVY ORDINANCE FOR THE AFORESAID FISCAL YEAR WHICH IS REQUIRED BY CITY CHARTER SECTION 27; PROVIDING THAT THE FIXING OF THE MILLAGE AND THE LEVYING OF TAXES HEREIN SHALL BE IN ADDITION TO SPECIAL ASSESSMENTS; PROVIDING THAT THIS ORDINANCE SHALL NOT BE DEEMED AS REPEALING OR AMENDING ANY OTHER ORDINANCE FIXING MILLAGE OR LEVYING TAXES, BUT SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION THERETO; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-01312 Legislation.pdf 07-01312 Exhibit.pdf 07-01312 Cover Memo.pdf DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez and Commissioner Spence -Jones absent, to defer item FR.3 to the Commission meeting currently scheduled for November 9, 2007. Vice Chairman Sanchez: All right. We'll -- let's do something. We passed the DDA (Downtown Development Authority) millage, which is FR.3. Let's go ahead and take that up, and then we'll get back to the last PZ (Planning & Zoning) item, and then we'll go to our blue page items that are on the agenda and, hopefully, we could get out of here in about an hour. All right. Let's take up FR.3. Jorge L. Fernandez (City Attorney): Yes, Mr. Chairman. The issue with the DDA budget actually would have required, even to be considered, for there to be the five of you presently sitting. To the extent that only three of you are present and sitting, my recommendation would be to defer this item to your next meeting, November 9. Vice Chairman Sanchez: All right. Is there -- Mr. Fernandez: Otherwise -- Vice Chairman Sanchez: -- a motion to defer the item? Commissioner Sarnoff So move. Commissioner Regalado: Second. 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" Thank you. City ofMiami Page 32 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 RESOLUTIONS RE.1 07-01144 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY ARTHUR SCHOFIELD, ESQUIRE, ON BEHALF OF BRIAN BROWNE, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $140,000, 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 BRIAN BROWNE VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO: 03-23344-CA-11 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. 07-01144 Legislation.pdf 07-01144 Cover Memo.pdf 07-01144 Memo.pdf 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-07-0612 Chairman Gonzalez: Resolutions. RE.1. Is there a motion on RE 1? It's a settlement. Vice Chairman Sanchez: Hold on, hold on, hold on. Jorge L. Fernandez (City Attorney): Yes. This is a settlement that we have briefed each ofyou individually. It's an employee of the Community Development Department who has claimed, under the Whistle Blower Act, that he is entitled to reinstatement to his position as well as back pay. He has, of course, already found employment elsewhere, and part of the settlement that -- this has gone through mediation -- contemplates some of the back pay clearly is a settlement very favorable to the City. We have -- on the issues of liability, we have taken this case to court, and we have not been successful in a motion for summary judgment. We believe it's in the best interest of the City, given the circumstances that have arisen within that department and the inability that we presently are having in getting testimony as we prepare for -- to defend this case, we believe that the attorney's fees, which would be one of the largest items, have been very, very well negotiated on behalf of the City, so a settlement in the amount that we have proposed of $140,000 is in the best interest. Chairman Gonzalez: All right. Do we have a motion on the settlement? Commissioner Sarnoff May -- I'll make a motion to approve resolving in favor of the settlement. Chairman Gonzalez: All right. Is there a second? Vice Chairman Sanchez: Second. Commissioner Regalado: Second. City ofMiami Page 33 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Chairman Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. RE.2 07-01242 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY DIANA TARICHE AND ELPIDIO TARICHE, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $175,000, AS STATED HEREIN, 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 DIANA TARICHE AND ELPIDIO TARICHE VS. CITY OF MIAMI, ET AL., IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 06-07279 CA 05 UPON EXECUTING GENERAL RELEASES 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. 07-01242 Legislation.pdf 07-01242 Cover Memo.pdf 07-01242 Memo.pdf 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-07-0613 Chairman Gonzalez: RE.2. Jorge L. Fernandez (City Attorney): Yes. RE.2 is another settlement for a most unfortunate accident that occurred. This is an accident where the issue of liability has already been established. Clearly, the individuals were innocent bystanders, a couple with a group of their friends celebrating. Unfortunately, a police vehicle lost control, careened into the crowd, as it were, causing severe injuries. This is a case where the injuries were substantial, and the amount for which is being settled is below the statutory amount or the cap amount that we have, and to the extent that liability has already been established and the damages, as we have reviewed them, are so substantial, we recommend that it's in the best interest of the City to settle this case for this amount. Chairman Gonzalez: Is there a motion on RE.2? Commissioner Sarnoff I have a question, Mr. City Manager. How does the $100, 000 cap interplay with this? Mr. Fernandez: It's actually 100 or 200 is -- 200 per incident, when there is more than one individual. Here, clearly, there were ten individuals involved in this accident, and then, of course, the plaintiffs in this case are a husband and wife, and the cap will be $25, 000 would be left, which would be the amount that anyone else could go against. City ofMiami Page 34 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 RE.3 07-01280 Office of the City Attorney Commissioner Sarnoff So are --? You're saying ten individuals were injured, two have brought suit? Mr. Fernandez: Two have brought suit. We have been given claim notices by the remainder of them. I don't believe all eight of them. I believe six of them have put us on notice that they had intended to, you know, consider litigating against the City. My understanding is that they're all being represented by the same attorney, and that the same attorney understands and has informed everyone involved that by this settlement being entered into with these two individuals, who were perhaps the most seriously injured, that, in essence, most of the money available for settlement or for litigation -- because there is an absolute cap of $200, 000 -- would in fact be consumed by these two. I understand, Commissioner. I've had some of the same reaction. It's a bona fide settlement. It's a -- it's -- there is a very capable, competent attorney on the other side representing the parties, and looking at the issue of liability and exposure for the City, we believe that this is in our best interest. Commissioner Sarnoff I'll make a motion to approve. Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. There is a motion, and there is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MIGUEL GUTIERREZ, AS PARENT AND PERSONAL REPRESENTATIVE OF THE ESTATE OF SUSANA GUTIERREZ, DECEASED, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $150,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS DEPARTMENTS, AGENCIES, INSTRUMENTALITIES, OFFICIALS, OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, IN THE CASE OF MIGUEL GUTIERREZ, ETC. VS. THE CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 06-01722 CA 09, UPON THE EXECUTION BY MIGUEL GUTIERREZ, OF A GENERAL RELEASE OF THE CITY OF MIAMI, ITS DEPARTMENTS, AGENCIES, INSTRUMENTALITIES, OFFICIALS, OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. 07-01280 Legislation.pdf 07-01280 Cover Memo.pdf 07-01280 Memo.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Regalado Noes: 2 - Commissioner Sanchez and Spence -Jones Chairman Gonzalez: RE.3. Jorge L. Fernandez (City Attorney): Yes. This case, Commissioner, is again an accident that City ofMiami Page 35 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 occurred several years ago. A City employee, a young lady, was thrown from a horse, City of Miami Academy or City ofMiami Police Department horse, and she was killed instantly upon taking the fall. We have litigated this case extensively. We have defended the City's position, arguing to the courts that the sole remedy of the plaintiff, which would be the estate of the deceased, would be in worker's compensation because she was in the course and scope of her employment. We argued it was during work hours. It was -- Chairman Gonzalez: Yeah, but let me ask you. How --? Let me ask you, because I was going to make a comment on this issue -- on this item, anyway. Mr. Fernandez: Sure. Chairman Gonzalez: But how can the City -- the workman's compensation be responsible for this accident when first of all, the director of the department that took this person to ride a horse -- and you know, and the suit is against the mounted patrol. To me, this is totally unfair, because the mounted patrol didn't came to the MRC (Miami Riverside Center) with a horse to have this ex -director take this girl down the building to ride a horse. This ex -director, during working hours in the City ofMiami, took this -- the deceased person, who was also on working hours, and they went all the way to Tamiami Park, in Dade County, west Dade County to ride a horse during working hours, and you know, and I see that we penalize some employees here because they do exactly the same thing because they might be drinking coffee during working hours, or they might be talking to a friend through the working hours, and we want to crucify them and we want to fire them, and we want to do everything to them, but then there is an elite -- and that has been something of the past, and it has been changing little by little, but there was an elite type of people that they could do whatever they want to do, even go as far as causing an accident that cause the life of one person, and nothing happen to that person because that director remain working for the City ofMiami until he decide to run against Commissioner Sarnoff, and then he resign, or otherwise, he would still be here making his salary, getting all of his benefits, okay, and making the City pay for his irresponsibility, and I don't know how we can sue the mounted patrol. That really upset me because it wasn't the Police Department that came to the MRC with a horse, so this girl could ride a horse during working hours. She was supposed to be working at a desk, and her boss was supposed to be doing his job instead of riding horses during working hours in the City ofMiami. That is very upsetting to me. To me, it's very upsetting. Mr. Fernandez: Mr. Chairman, precisely, because of your understanding, that is the same problem that we, your attorneys, have in defending the City's and the City's position, and other City employees' actions. Chairman Gonzalez: There is no way that you can defend yourself. Mr. Fernandez: But -- Chairman Gonzalez: There is no way that you can defend the City. Mr. Fernandez: Well -- Chairman Gonzalez: How can you defend the City? Mr. Fernandez: Okay. We try, but let me put it in perspective. While I understand with you the issues relative to the supervisor, and whatever may be said about that, the complaint or the lawsuit is filed by the family of the decedent, and so I understand where the problem comes in. The facts, as explained to us, the facts that we are presenting in court, the theory that we are following is that these two employees -- Ms. Gutierrez worked for the CRA (Community Redevelopment Agency); she was a City employee on loan to the CRA; they were invited. There was an invitation issued by the Miami Police Department, mounted unit, Lieutenant Humberto City ofMiami Page 36 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Blanco, so to the extent that there was some sort of invitation because there were issues -- Chairman Gonzalez: But let me tell you, that doesn't change the story, because someone calls me now and invite me to rob a bank -- Mr. Fernandez: Well -- Chairman Gonzalez: -- am I going to say yes, and then, ifI get caught, I'm going to say, well, he invited me to rob the bank. I'm not -- you know, I'm not guilty. No, no, no. This director should have enough common sense to know that he was not supposed to be riding a horse during working hours, and the deceased, with all due respect to her and her family, should also had enough common sense to say, no. I'm working. I'm getting paid to do my work. I'm not getting paid to be riding a horse at 2 o'clock in the afternoon during working hours. I'm sorry. That's the way I feel about it. If anybody gets offended, so be it. Mr. Fernandez: The ostensible reason for the invitation was to discuss the reason why the K 9 unit was occupying space leased to the CRA in the Arena Towers. Blanco also intended on lobbying Rollason for assistance in finding a for -- a more suitable location for the mounted units stables within City limits, so there is a nexus arguably. Chairman Gonzalez: You know what? Mr. Fernandez: I need to make the best possible arguments. Chairman Gonzalez: Let's not talk about it, because the more you talk about it, the more upset I'm going to get, because the only person that know so far -- and it is Chief Timoney -- that was looking for a place to bring the mounted patrol was this Commissioner, okay? I was the first one to came [sic] with the idea -- and there is Commissioner -- Chief Timoney that can attest to that - - I was the one that started to talking to the chief to see how we could bring the mounted patrol to the City ofMiami, so you know what? Let's leave it at that. Let's leave it at that. Is there a motion on this item? Commissioner Sarnoff I'm going to make a motion to deny the resolution, and let me just say -- let me come about it from a different angle and different perspective, and I could equally provide the sentiments of the Chairman because I feel maybe even a little stronger since this person even came out and criticized the City extensively for allowing The Firm to exist -- Chairman Gonzalez: Right. Commissioner Sarnoff -- saying that if everybody were doing their job, they would have known The Firm's existence, so I could have jumped on that; I won't, butt guess I have. If this City continues to, as a policy -- 'cause I'd like to change this policy. Our total exposure in this case -- understand, our worst day in court -- Vice Chairman Sanchez: Is 200, 000. Commissioner Sarnoff -- is $200, 000, our very, very worst day. There won't be interest. There won't be attorney's fees. That is our worst horrible day. That's when we fall flat on our face, and you know, we just didn't do well. Our best day is zero. I can tell you the School Board's position on very similar issues, is they don't pay 55 -- they only pay 55 percent of their worst day in court, and they look at the attorney and they say, go ahead; have at it. This is our total exposure. We are paying three quarters of our total exposure. That is bad policy. You are setting us up for the rest of the plaintiffs to say, I know the City; they will continue to pay just short of their total exposure, and if, for no other reason, we should give our attorneys trial experience -- and I know we have a very capable lawyer in this case. In fact, what you've City ofMiami Page 37 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 described to us, Mr. City Attorney, is an excellent defense of workers' comp immunity. What you've described to us was a person who, ostensibly was on the job doing their job ostensibly, and that will provide total immunity to the City ofMiami, so sometimes you have to try your case and you have to take it up on appeal, and the Third DCA (District Court ofAppeals) will say, you know what? Legally, you were right, because a lot of the judges in Dade County don't want to make decisions. They always say let it go to the jury, and the Third DCA will make that decision. That's why I think we need a new policy in the City ofMiami. We need to see what our exposure is, and we don't need to be paying 90 percent, 80 percent, and 70 percent of our exposures. We need to be paying 50, 55 percent of our exposures. Mr. Fernandez: Mr. Chairman. Chairman Gonzalez: All right. Yes. Mr. Fernandez: I certainly agree, and Commissioner Sarnoff knows that we're very much working precisely on the development of that policy, the implementing of that policy. It will be coming to you and reporting to you on that and getting you involved. However, let me state something that I haven't stated. We are on appeal. The Third DCA is looking at this issue. We have aggressively defended the City, and our position, irrespective of the potential merits or sentiments of any case, is that we defend the City to the hilt, and we're looking for zero verdicts and we're look -- against the City, and we're looking to pay out as little, if anything, as we possibly can. The facts still remains that this is a death case. In the state of Florida, as you all know, we have a $200, 000 cap, but to the jury, it may not be argued. The jury sitting in determination of any case may not hear, because if they hear it, it becomes a mistrial, the fact that the City has a cap, so when a jury sits in judgment on the City's case, given the fact of this case, giving the confusions and the issues that you, Mr. Chairman, so clearly have illuminated on us, the likelihood of a jury returning a verdict far in excess of our cap is there, so then what happens at that point in time? The state of Florida contemplates and has a provision that oftentimes is explored, and against the City, we have several of these claim bills that, in the past, have been filed;; some of them have been successful; others have not. The prior Governor, Governor Bush, was very much anti claim bills. My understanding is that the new governor, from the research we're doing in the Legislature, is much more open and receptive to claims bill, so I take all of this information. I take the nature of the case that we have to defend, and we defend vigorously, but when we have an offer of settlement that, in my opinion -- and with all respect to Commissioner Sarnoff, while I agree with him that we need to be much more aggressive litigators, I still believe -- and at mediation, I agreed to recommend to the City Commission a settlement for $150, 000, given all of the facts as I have tried to explain to you in less than two minutes. Chairman Gonzalez: All right. Commissioner Spence -Jones: Mr. Chairman, I was actually just watching this whole issue -- from the -- from my office, and you know, even Mr. City Attorney, we kind of went back and forth on this issue in my office, and while I agree with Commissioner Sarnoff, and I agree with the Chairman, there's a lot of issues surrounding what actually happened and how it happened. It's just very difficult for me to sit and listen to this knowing that a human life, regardless of what happened, you know, was taken, which was a City employee. Once again, I'm always very sensitive to City employees. My issue is, you know, as we start -- and Commissioner Sarnoff I agree with you. I think that it's important for the City Attorney to do whatever it takes to defend us so that we're not exposing ourself to these type of issues, but as our City Attorney, if -- and you briefing me and communicating to me, you thought that this was the best option for us to take considering the fact that a person actually lost their lives [sic]. Now I'm just going to say, you know, for -- we've settled for a lot greater on people that have just hurt a certain part of their bodies, you know, and still they're able to walk around here, live with their families, and all of those other things that are attached to it, and then we would have -- for us to sit and have an City ofMiami Page 38 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 issue about settling on something to that their family can move on, I just think that it's border line -- to me, a little insensitive, but my opinion on it -- and I feel very strongly about this -- if you've recommended that this is the best way for us to move on, I think that we need to consider that and the -- as -- from your perspective is what we should. I mean, I can't even talk because we're talking about a person that -- a young person that's no longer here on this planet with us, that was a City employee, was a good City employee, worked very hard for the City ofMiami, and it's deep. Commissioner Sarnoff Well, let me comment on that -- Chairman Gonzalez: All right. Commissioner Sarnoff -- because I don't want to be the insensitive, you know, SOB Commissioner up here. I feel for Susie Gutierrez's family, giving her $150, 000, $105, 000, or zero dollars will not bring back happiness to that family, and I even question why you would file a wrongful death lawsuit when there are no husband, wife, or children involved; just my perspective on things. Me, or this Commission's job is not to sit up here and give money based upon sensitivities, political or even emotional. Commissioner Spence -Jones: But we all know that we have done it before, so let's not go there. Commissioner Sarnoff Well, I'm not -- maybe you've done it before, butt have never done it before. Commissioner Spence -Jones: Yes, we have all done it before. Commissioner Sarnoff I have never done it before -- Commissioner Spence -Jones: Okay. Well -- Commissioner Sarnoff -- and I will not do it. Commissioner Spence -Jones: -- we all have the -- or opinions. Commissioner Sarnoff Well, fair enough, if that's your opinion. I will not do it. Commissioner Spence -Jones: It certainly is my opinion. Commissioner Sarnoff I will not do it. I will stress to my fellow Commissioners it does not make sense to do it that you have good defenses, and I hope everybody listens to what they just said, is they're going to be listen [sic] to the City Attorney throughout the day. I happen to disagree with him on this one, and I may agree with him on others, but that's why I got elected. I got elected to exercise my discretion. Exercise it, but do it -- Commissioner Spence -Jones: And we -- Commissioner Sarnoff Let me finish. Commissioner Spence -Jones: -- all have -- Commissioner Sarnoff Let me finish. Commissioner Spence -Jones: -- gotten elected for the same reasons, so if one begins to discuss about politics and all those other issues, we need to lay it all out on the line. City ofMiami Page 39 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Chairman Gonzalez: Let's keep the order here. Let's let Commissioner Sarnoff finish his argument, and then you can have the floor. Commissioner Sarnoff Exercise your discretion, but do so for the right reasons, do so as if you're a banker, because you are the banker to the City ofMiami. Chairman Gonzalez: All right. Bottom line is there was a motion, Commissioner Sarnoff -- Commissioner Sarnoff A motion -- Chairman Gonzalez: -- to deny? Commissioner Sarnoff -- to deny. Chairman Gonzalez: Is there a second to that motion? Commissioner Regalado: I'll second it. Chairman Gonzalez: There is a second to the motion. Madam City Clerk -- Vice Chairman Sanchez: Roll call. Chairman Gonzalez: -- why don't you do roll call, please. Pamela E. Burns (Assistant City Clerk): Roll call on the motion to deny. Chairman Gonzalez: Right. Ms. Burns: Commissioner Spence -Jones? Commissioner Spence -Jones: I just want to be clear. My motion -- I want to make sure I'm voting right because I don't support what Commissioner Sarnoff and the other Commissioners doing, so my vote would be -- Chairman Gonzalez: No. Commissioner Spence -Jones: -- no. Ms. Burns: Vice Chairman Sanchez? Vice Chairman Sanchez: No. Ms. Burns: Commissioner Regalado? Commissioner Regalado: Look, this is an argument not about the details of the case. This is an argument about exposure of the City, and what the judges or the appeal judicial system will say, so I think that we could try the system and see if it works for the City, so the vote is yes. Ms. Burns: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Burns: Chairman Gonzalez? Chairman Gonzalez: Yes. City ofMiami Page 40 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Ms. Burns: The resolution has failed 2/3. Vice Chairman Sanchez: Okay. Chairman Gonzalez: All right. RE.4 07-01273 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES AND COSTS, IN AN AMOUNT APPROVED BY THE CITY ATTORNEY, FOR THE CONTINUED ENGAGEMENT OF THE LAW OFFICES OF ROBERT S. GLAZIER IN CONNECTION WITH APPELLATE PROCEEDINGS ARISING FROM THE CASES OF SIDNEY S. WELLMAN, ET AL. VS. CITY OF MIAMI, CASE NO. 99-19523 CA 15, NADINE THEODORE VS. CITY OF MIAMI, CASE NO. 99-28417 CA 15, STATE V. JOSE A. JUAREZ, CASE NO. F99-028701, AND STATE VS. CHRISTINO NIEVES, CASE NO. F00-30698. 07-01273 Legislation.pdf 07-01273 Cover Memo.pdf 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 Spence -Jones Absent: 1 - Commissioner Regalado R-07-0614 Chairman Gonzalez: All right. RE.4. Jorge L. Fernandez (City Attorney): Yes. Mr. Chairman, Commissioners, this is a case that has been going on for several years. This has to do with the City's impoundment ordinance. Briefly stated, this is the ordinance that we have in place for actually confiscating or making the individual that was arrested committing a crime using a vehicle that we take that vehicle away, or make him pay a fine/penalty for retrieving it. This ordinance was challenged, and it has gone all the way up to the Supreme Court in defense of our ordinance. It's coming down now from the Supreme Court. The City has always had an outside attorney, a law firm, representing it in that appellate procedure. We have run out of money, the money that has been allocated so far. Over the last seven, eight years that this case has been going on, over $160, 000 have been consumed. Before, this Commission used to give periodically 30, 40, $50, 000; we've gone away from that. Now I come to you. I ask you for authorization to retain outside counsel. You give me that, and then I report to you on an ongoing basis the consumption of that fee. Here we need you to reauthorize me to continue to retain this firm until we've closed the case. I anticipate that it would take a matter, perhaps, of another nine months at the outset to a year, and I think it may be in the realm of around $50, 000, but I'm not stating an amount certain because I will be reporting to you, as I periodically do, on those attorney's fees. Chairman Gonzalez: All right. Is there a motion on this item? Commissioner Sarnoff So moved. Chairman Gonzalez: There is a motion. Is there a second on the item? Vice Chairman Sanchez: Second. Discussion -- Chairman Gonzalez: There is a second. City ofMiami Page 41 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Vice Chairman Sanchez: -- on the item. Chairman Gonzalez: Pardon me? Vice Chairman Sanchez: Discussion on the item, very brief. Chairman Gonzalez: Discussion on the item. Vice Chairman Sanchez: Mr. City Attorney, how much have we spent up-to-date on this? Mr. Fernandez: On this? Vice Chairman Sanchez: Yes, sir. Mr. Fernandez: A hundred sixty -some. Vice Chairman Sanchez: All right, and -- Mr. Fernandez: I don't have the exact figure in front of me. Vice Chairman Sanchez: It's got to be about a hundred -- Mr. Fernandez: Oh, I'm sorry. Maria just corrects me. It's 160 --189. Chairman Gonzalez: It's right on the -- Mr. Fernandez: That's right, on the cover -- Chairman Gonzalez: -- material. Mr. Fernandez: -- on the page, on the cover page. Vice Chairman Sanchez: All right, and just for point of clarification. Mr. Fernandez: Yes. Vice Chairman Sanchez: The State has said that the impoundment ordinance is legal, but the way that it has been enforced may or may not be. Can you clarify that? Mr. Fernandez: There are -- actually, the Supreme Court, in essence, ruled in our favor, and it's -- because we had been losing. We lost all the way up. It's coming back to the Third DCA (Disfrict Court ofAppeals), and there is a companion case challenging the impoundment ordinance of another jurisdiction on the Fourth Disfrict Court ofAppeal that is similar dealing with the issue, and at the end of the day, our hope is that with minor corrections or modifications, some of which we have already made by the way, that we would have a valid ordinance in place. Vice Chairman Sanchez: Do you foresee us spending another $100,000 on this? Mr. Fernandez: No. No, sir -- Vice Chairman Sanchez: All right. Mr. Fernandez: -- but I will be keeping you posted as the -- and we're frying to close this case City ofMiami Page 42 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 aggressively also. Chairman Gonzalez: All right. There is a motion, and there is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City ofMiami Page 43 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 2:30 P.M. ES.1 07-01282A Office of the City Attorney EXECUTIVE SESSION EXECUTIVE SESSION UNDER F.S. §286.011(8) [2006]. THE PERSON CHAIRING THE REGULAR CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF THIS ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE OF FRATERNAL ORDER OF POLICE, LODGE 20 AND ALFREDO VEGA, PLAINTIFFS AND FREDERICA BURDEN, ET AL, INTERVENERS V. CITY OF MIAMI, ETC., CASE NO. 98-7760 CA 27, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:30 P.M. AND CONCLUDE AT APPROXIMATELY 3:30 P.M. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: ANGEL GONZALEZ, MARC SARNOFF, TOMAS REGALADO, JOE SANCHEZ, AND MICHELLE SPENCE-JONES, THE CITY MANAGER, PEDRO G. HERNANDEZ; THE CITY ATTORNEY, JORGE L. FERNANDEZ; ASSISTANT CITY ATTORNEY MIMI V. TURIN AND ASSISTANT CITY ATTORNEY KEVIN R. JONES. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 07-01282A Cover Memo.pdf 07-01282A Notice To The Public.pdf DISCUSSED Vice Chairman Sanchez: Recess the Commission meeting, and then we'll go into the shade sheeting, so before we do that, I have to read something into the record. We're just waiting for Commissioner Spence -Jones, and then we will be going up to the Mayor's conference room for the shade meeting while we recess the regular Commission meeting. At the October 11, 207 [sic], the City Attorney, Jorge L. Fernandez, requested an attorney -client meeting pursuant to Florida Chapter 286.011, paragraph 8, to seek advice concerning the litigation case of Fraternal Order of Police, Lodge 20, and Alfredo Vega, plaintiff[sic], and Frederica Burden, et al, interveners versus the City ofMiami, case number 98-7760 CA-27. This meeting was publicly noticed, and we are now going to commence the meeting, which will be recorded by a certified court reporter as required by law. It is now, for the record, 2: 40 p.m., and we will reopen the regular meeting at approximately 3 -- 3:30, approximately about an hour, so I needed to state that for the record, so now if we could have the Commissioners and the City Attorney go up to the Mayor's conference room. Mr. City Attorney, you're recognized for the record. Jorge L. Fernandez (City Attorney): Yes. To the City Manager, that is, and -- Vice Chairman Sanchez: Yes. City ofMiami Page 44 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Mr. Fernandez: -- the court reporter is to follow us likewise. Thank you. Vice Chairman Sanchez: All right. We'll be back. [Later... Vice Chairman Sanchez: The meeting has adjourned. Mr. City Attorney, is there -- City Commissioners, is there any legislation coming out of that shade meeting? Hearing none, no action is being taken. Therefore, Mr. City Attorney, you're recognized for the record. Mr. Fernandez: Yes. Mr. Chairman, Commissioners, then I will proceed to notify the parties that the City Commission at this time has chosen at this time not to entertain the proposed settlement on their merits, and that -- that's -- Commissioner Regalado: Because we need -- Mr. Fernandez: You need more time -- Commissioner Regalado: -- some information. Mr. Fernandez: -- additional information, and -- Commissioner Regalado: No, no more time; more information. Mr. Fernandez: More information. City ofMiami Page 45 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 PART B Chairman Gonzalez: Next. Jorge L. Fernandez (City Attorney): Are you ready to move into the P&Z (Planning & Zoning) -- Commissioner Spence -Jones: P&Z. Chairman Gonzalez: Yes, I am. Mr. Fernandez: -- agenda? All right, and if you allow me then, I will set out the protocol or the procedure for hearing items during the P&Z agenda. P&Z items shall proceed as follows. Before the P&Z agenda is heard, all those wishing to speak will be sworn in by the City Clerk. Staff will briefly describe the request, whether it's an appeal, a special exception, a vacation, a text amendment, a zoning change, land use change, or a MUSP (Major Use Special Permit), and make its recommendation. Immediately after staff presents, then the appellant or the petitioner, as the case may be, will present their position on the item. If it's an appellant situation, then the appellee will respond and present their positions. After that, members of the public will be permitted to speak on these items. There is the opportunity to cross-examine or the ask questions of any presenter during this entire proceeding, but all of those questions have to go through the Chair in an orderly fashion, and likewise, the Chair at this time will determine the amount of time that will be given to the main presenters on each item, as well as the time that will be allotted to each member of the public presenting or speaking on the item. Mr. Chairman. Chairman Gonzalez: All right. Madam City Clerk, will you swear the witnesses? Pamela E. Burns (Assistant City Clerk): For those of you planning to provide testimony on any PZ item, would you please stand and raise your right hand, please? 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. PZ.1 07-00047xc 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, FLORIDA, ARTICLE 6, SECTION 612, SD-12 BUFFER OVERLAY DISTRICT, TO ALLOW SURFACE PARKING IN THE SD-12 ZONING TO SERVE THE ABUTTING COMMERCIAL DISTRICT, WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED SUBJECT TO THE FOLLOWING CONDITION: A COMPLETE LANDSCAPE PLAN, WITH SPECIFICATIONS, DEPICTING IRRIGATION AND ILLUMINATION FOR THE PARKING AREA MUST BE SUBMITTED FOR REVIEW AND APPROVAL BY THE PLANNING DEPARTMENT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2721 AND 2735 COCONUT AVENUE, MIAMI, FLORIDA. City ofMiami Page 46 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 07-00047xc Analysis.pdf 07-00047xc Zoning Map.pdf 07-00047xc Aerial Map.pdf 07-00047xc Letter of Intent.pdf 07-00047xc Application & Supporting Docs.pdf 07-00047xc Zoning Write Up.pdf 07-00047xc Plans.pdf 07-00047xc ZB 09-24-07 Fact Sheet.pdf 07-00047xc ZB Reso.PDF 07-00047xc Legislation (Version 2).pdf 07-00047xc Exhibit A.pdf 07-00047xc CC Fact Sheet.pdf LOCATION: Approximately 2721 and 2735 Coconut Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Robert Jerome Filer, on behalf of Steve's Parking, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended approval with a condition*. ZONING BOARD: Recommended approval with a condition* to City Commission on September 24, 2007 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow surface parking. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0615 Chairman Gonzalez: All right. PZ.1. Roberto E. Lavernia (Chief of Land Development): Good morning, Commissioners. For the record, Roberto Lavernia, with the Planning Department. PZ.1 is a special exception in order to have parking in SD-12. This case was in front of you for a change of zoning to impose the SD-12 couple of month ago. This is the special exception in order to allow the parking. Applicant present plan; the Planning Department is recommending approval with only one condition, and that condition is to have a new landscape plan including irrigation and illumination just to be sure that the illumination respect the residential area that is adjacent. Chairman Gonzalez: All right. Mr. Lavernia: Thank you. Chairman Gonzalez: Anybody here on PZ.1? Tucker. Tucker Gibbs: Yes. My name is Tucker Gibbs, law offices at 215 Grand Avenue, at least until next week, and I represent Steve's Parking and Berries, the owner of the subject property. We received the SD-12 zoning, as Mr. Lavernia said. We're in agreement with staffs recommendation, and we are ready to answer any questions you might have. City ofMiami Page 47 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Commissioner Sarnoff Tucker, I have a question because I've not seen the landscape plan, and I want to see the landscape plan before, you know, I make a motion. Mr. Lavernia: There is a landscape plan in the set of plans submitted, but it's not complete. We want a new landscape adding irrigation and illumination at that landscape plan prior to the issuance of any building permit. That is a condition of the special exception. Commissioner Sarnoff Butl want to -- Mr. Gibbs: And we had agreed to that. Commissioner Sarnoff -- have the ability to look at that plan. I mean, the one thing I'll tell you is I have been to that parking lot, and after I -- well, after this Commission approved it, I was kind of surprised at the condition it's in, so, you know, I feel a little bit some remorse that may have done that, and I want to make sure that the landscape plan is thick, dense, and significant, and I don't want to make the same mistake twice. Mr. Gibbs: Our position has always been that whatever the staff -- and we've been very accommodating with staff. We've said whatever you all want, and the normal procedure is to have staff look at our plan and to say we want more or -- I don't think they're ever going to say we want less, but that's what we're willing to do. I don't know what else I can do. You want me to present you with a site plan -- Commissioner Sarnoff I'd like to see -- Mr. Gibbs: -- to the Commission? Commissioner Sarnoff -- I'm frying not to hold you up, but on the other hand -- Mr. Gibbs: Cause they're getting ready to start. They will start -- I mean, he told me today when I spoke with him. He said -- I said the question's going to come, "When are you going to do this, " and he said, we will go in tomorrow with our plans, and we will start." Commissioner Sarnoff Well, here's -- Mr. Gibbs: Because I know that's the issue, is the condition. Commissioner Sarnoff -- my dilemma. You tell me how you satisfy it. I hear what you're saying. You're not the person putting in the landscaping. I trust you. I happen to like Berries, but on the other hand, there are two brand-new buildings right adjacent to them, and those buildings, if you look at two or three of those balconies, they look right onto his parking lot. You need to have significant trees to cover that. You know, I don't like putting anything to encroach an R-1 neighborhood -- R-2 in this case. Mr. Gibbs: R-3. Commissioner Sarnoff Might be R-3. Mr. Gibbs: Actually, it's R-3. Commissioner Sarnoff You're right, might even be R-3. You're right, but more or less, it's R-2 out there, and I just want to make sure that the -- there's a barrier of green, to be quite frank. Mr. Gibbs: And I think that's what the Code requires. The Code provisions require the special City ofMiami Page 48 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 exception to include the land -- that -- will be -- will have landscaping. The issue is just to remember that this property is zoned R-3. Somebody could go in there and build exactly what's next door so that person looking into Berries's parking lot would be looking into somebody's balcony, so in reality, what they're getting is a heavily landscape, because I know the Planning Department's has said they're going to require it. My client has agreed to whatever the Planning Department will require of him. What I want to do, because I understand the condition and my client does, too, to get moving on it, and I don't want to -- if we can help it, not delay his ability to go in, get his permits, and start working, but if you want to put conditions on there that the Planning Department has to sign off that it has to be a heavily -- it has to be a dense landscaping along that western boundary next to the apartment building, I have no problem with it. I just want to make sure, as you said, to get this thing done quickly. Commissioner Sarnoff Well, with that condition, then, based on your representation, I'll accept that -- Vice Chairman Sanchez: All right. Mr. Gibbs: Thank you. Commissioner Sarnoff -- so I'll make a motion to approve. Vice Chairman Sanchez: There's a motion on PZ.1. Is there a -- Commissioner Spence -Jones: Second. Vice Chairman Sanchez: -- second? There's a second on PZ.1. It's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hear none, the public hearing is closed; coming back to the Commission for a discussion. Hearing no discussion, Madam Attorney. Oh, it's a resolution. Okay, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Pamela E. Burns (Assistant City Clerk): Excuse me, Mr. Chairman. Does that condition make the resolution modified? Vice Chairman Sanchez: There is no condition. All right. Mr. Lavernia: Yes. There is a condition of the Planning Department, and the motion was with that condition that Commissioner Sarnoff want to increase the landscaping that we are requesting. Vice Chairman Sanchez: All right. Did you proffer that condition? Commissioner Sarnoff Yeah, I did. Vice Chairman Sanchez: All right, it's on the record, with condition. PZ.2 07-00791xc 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 City ofMiami Page 49 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 949.3, REQUIREMENTS, LIMITATIONS STANDARDS AND CRITERIA FOR REVIEW OF PERSONAL WIRELESS SERVICE FACILITIES WITHIN SPECIFIED ZONING DISTRICT, TO ALLOW MODIFICATION TO AN EXISTING FREESTANDING/MONOPOLE FACILITY BY CITY COMMISSION APPROVAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 145 NORTHEAST 20TH 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) APPROVAL OF THIS SPECIAL EXCEPTION SHALL RUN WITH THIS OPERATOR ONLY; ANY CHANGES TO A DIFFERENT OPERATOR SHALL REQUIRE A SEPARATE SPECIAL EXCEPTION; 2) THE EXISTING FREESTANDING/MONOPOLE FACILITY CANNOT INCREASE THE PROPOSED HEIGHT OF 115 FEET AND 3) A COMPLETE NEW LANDSCAPE PLAN, WITH SPECIFICATIONS, PROVIDING LANDSCAPE SCREEN MUST BE SUBMITTED FOR REVIEW AND APPROVAL BY THE PLANNING DEPARTMENT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS. 07-00791xc Analysis.pdf 07-00791xc Zoning Map.pdf 07-00791xc Aerial Map.pdf 07-00791xcApplication & Supporting Docs.pdf 07-00791xc Zoning Write Up.pdf 07-00791xc Plans.pdf 07-00791xc ZB 07-30-07 Fact Sheet.pdf 07-00791xc ZB Reso.PDF 07-00791xc Legislation (Version 2).pdf 07-00791xc Exhibit A.pdf 07-00791xc CC Fact Sheet.pdf LOCATION: Approximately 145 NE 20th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Sebastian and Maria Jaime, Owners, and Verizon wireless Personal Communications, LP FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. ZONING BOARD: Recommended approval with conditions* to City Commission on July 30, 2007 by a vote of 6-1. *See supporting documentation. PURPOSE: This will allow the modification of an existing monopole facility. Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-061 6 Vice Chairman Sanchez: All right. PZ.2 is also a resolution. City ofMiami Page 50 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Tucker Gibbs: Thank you. Roberto E. Lavernia (Chief of Land Development, Planning): Yes. PZ.2 is a special exception in order to increase the height of an existing wireless service facility or antenna. The Planning Department is recommending approval with condition also, and the condition -- three conditions that I'm going to read on the record. Approval of this special exception shall run with this operator only; any changes to a different operator shall require a separate special exception; number two, the existing freestanding/monopole facility cannot increase the proposed height of 115 feet, and number three, a complete new landscape plan, with specifications, providing landscape screen must be submitted for review and approval by the Planning Department prior to the issuance of any building permits. Thank you. Vice Chairman Sanchez: All right. Madam Applicant, you're recognized. Ines Marrero: Yes. Good morning, Mr. Chairman, Commissioners. My name is Ines Marrero, attorney, with offices at 701 Brickell Avenue. I'm here on behalf of the applicant for PZ.2, both Verizon as well as the property owners, Mr. and Mrs. Jaime. As staff just indicated, this is a requirement of your Code that any expansions of any existing personal wireless facilities, essentially a cell tower, come before you for approval. This is an existing cell tower. We're asking for a co -location, which means we put additional antennas and keep using the existing tower by an additional 15 feet. The staff is recommending approval with conditions, all of which we concur with, and the Zoning Board also recommended approval to this Commission of that approval. This is located at 145 Northeast 20th Street. This is two blocks west of Biscayne Boulevard, around where all of the back -of -the -house vehicle, storage facilities for Braman Motors are, so it -- even though it's on C-1, but everything around it is pretty light industrial, heavy commercial use, vehicle storage, and I should also point out that the property owners, there's a duplex actually -- in actuality used to the west of us. It's also owned by the same property owners; that there's been no objections or nobody has objected to the application, so with that we're here to answer any questions, and again, we concur with the conditions. Vice Chairman Sanchez: All right. Before we open it up to the Commission, it is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed; coming back to the Commission. Commissioner Sarnoff, you're recognized. Commissioner Sarnoff And this is another issue with landscape plan. I haven't seen your landscape plan. Ms. Marrero: It's -- one of the conditions that we submit the landscape plan, so just as in the previous application, we would meet with the Planning Department and provide whatever landscaping meets their -- satisfies them. Like I said, this is a fairly industrial facility, and I understand that a lot of times with the landscaping, what we're trying to accomplish is to buffer what's there, and the truth, you can't really buffer a tower that's there, but the existing property right now -- and all the equipment is on the ground -- is landscaped. I'm familiar with the area. I drove down there. Actually, I have another photograph that shows the area, and we'll just do whatever additional landscaping is, in the opinion of the Planning Department staff required to increase and improve the aesthetic quality of the property. If one had been required, we would have one before you. Commissioner Sarnoff Well, the thing -- this is my opportunity to increase the free coverage. This is just my opportunity to say, if you want to put additional towers, you're going to put additional landscaping, but I don't want know what the staff is requiring of you, landscaping -wise, and it just -- maybe it's a general problem I have when somebody says new landscape plan, but I don't get to see what the new landscape plan is, and sometimes when I drive around in the Grove and I look at a landscape plan, it's a 16 foot, 1-inch DBH (Diameter City ofMiami Page 51 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 at Breast Height) tree, and I feel like that's not a plan; that's a twig. Ms. Marrero: I empathize. I mean, I don't -- this -- staff is here. I don't know if they want to comment on the type of landscaping that is -- Commissioner Sarnoff Why don'tI have staff --? Ms. Marrero: -- particularly required, I would say assume, when we have these types of facilities somewhere else. What we're looking at is for hedges, hedges so that they can buffer, and when you're walking -- Commissioner Sarnoff Didl hear trees? Ms. Marrero: We can certainly include street trees. However, this is not in an area that has pedestrian traffic; it's really industrial in nature. We'd be happy to incorporate that, as well, but I think the most bam for your landscaping buck will be to have hedges because they sort of cover up all the equipment -- Commissioner Sarnoff So you're saying frees and hedges? Ms. Marrero: And hedges, yes. Commissioner Sarnoff Oh. I want to hear both. You didn't just say hedges, right? Ms. Marrero: Yeah. Yes, I said hedges. Commissioner Sarnoff And frees? Ms. Marrero: And trees. Commissioner Sarnoff Okay, so that you'll provide the landscape plan to my office? Mr. Lavernia: Yes, we can do that. Commissioner Sarnoff Okay. Mr. Lavernia: Also, our concern is that sometimes we have landscape plan without irrigation, so that be that the plans are going to be there for a couple of -- Commissioner Sarnoff This one will have irrigation. Mr. Lavernia: -- month. This one -- that's why we put it as a condition because this one will have irrigation, the same as -- Commissioner Sarnoff Well, you can't have a plan without irrigation, we know that. Vice Chairman Sanchez: Exactly, so those are the conditions that have been proffered on the record? Commissioner Sarnoff Yes. Vice Chairman Sanchez: Do you --? Mr. Lavernia: The same conditions -- we're going to fry to increase frees in public right-of-way in your plan, and that we will bring it to the Commissioner Sarnoff office. City ofMiami Page 52 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Commissioner Sarnoff Thank you. Vice Chairman Sanchez: Irrigation also in that plan? Mr. Lavernia: Yeah, and elimination of -- like the first case. Vice Chairman Sanchez: All right. Is there a motion? Commissioner Sarnoff So moved. Vice Chairman Sanchez: There's a motion. Need a second. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: Motion made by Commissioner Sarnoff second by Commissioner Spence -Jones. Any discussion on the item. The public hearing -- meeting has been opened and closed. No further discussion. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Anyone in opposition, having the same right, say "nay." Motion carries. PZ.3 07-00641ha RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY JEANNE LIU ("APPELLANT") AND AFFIRMING 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, MIAMI, FLORIDA, WITHIN THE MIMO/BISCAYNE BOULEVARD HISTORIC DISTRICT, MIAMI, FLORIDA. Votes: 07-00641 ha Appeal Update with Photo.pdf 07-00641 ha Appeal Letter.PDF 07-00641 ha HEPB Fact Sheet.pdf 07-00641 ha Zoning Map.pdf 07-00641 ha Aerial Map.pdf 07-00641 ha Application & Photos.PDF 07-00641ha HEPB Reso.pdf 07-00641ha Legislation (Version 2).pdf 07-00641ha Legislation (Version 3).pdf 07-00641 ha CC 07-26-07 Fact Sheet.pdf 07-00641ha Submittal Photos -Jeanne Lui.pdf 07-00641 ha CC 09-27-07 Fact Sheet.pdf 07-00641 ha CC 10-25-07 Fact Sheet.pdf 07-00641 ha-Submittal-Photos.pdf Motion by Commissioner Sarnoff, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Ayes: 3 - Commissioner Gonzalez, Sarnoff and Sanchez Absent: 2 - Commissioner Regalado and Spence -Jones City ofMiami Page 53 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 R-07-0617 Vice Chairman Sanchez: And we move on to -- Ines Marrero: Thank you. Vice Chairman Sanchez: -- PZ.3. All right. PZ.3. Kathleen Kauffman: Thank you, Mr. Chairman. Kathleen Kauffman, Preservation officer, City ofMiami. This is an item that came to the Preservation Board May 1, 2007, and the applicant had removed all of the windows without a permit. It's a contributing structure in a historic district, and the Preservation Board had requested or had given her an approval for certificate of appropriateness on the condition that the front windows and the two side windows be replaced with the correct windows. Vice Chairman Sanchez: All right. Before we open it up for the Commission, it is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. We do have -- Commissioner Sarnoff I think you're there, Jeanne. There you go. Vice Chairman Sanchez: -- a lady's here. All right. The public hearing is closed. Commissioner Sarnoff This is -- Jeanne Liu: Sorry. Commissioner Sarnoff Mr. Chairman -- Vice Chairman Sanchez: Yes. Commissioner Sarnoff -- this is Jeanne Liu. This is -- Vice Chairman Sanchez: Jeanne Liu. Ms. Liu: I'm sorry. Vice Chairman Sanchez: It's okay. Ms. Liu: I just run out to the parking lot. Okay. My name is Jeanne Liu. I have a property in 5255 Biscayne Boulevard. Okay. I -- can I pass this picture? Vice Chairman Sanchez: Sure. Ms. Liu: Okay. Vice Chairman Sanchez: Please provide the City Clerk with a copy, and -- for the record, and then -- Ms. Liu: Okay. The window had been change last August, and you can see the first page. There was old, broken window, damage by Hurricane Wilma, and during the time I change this window was a lot construction on Biscayne Boulevard, so on the second page, this is a new installed impact window. All I did is just change it from the broken, damage window to the good, heavy-duty impact window, and it looks not much different. In the second page, that was a exceeding window, and the building is, like you say, I have Code, yeah, inside, so the window I City ofMiami Page 54 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 change only in the outside, so the first page, that was same thing -- you know, you can see the window I have. I didn't change because inside was still good, and then last two page -- a (UNINTELLIGIBLE) have attended the -- in a different way. You know, it a close look of the window what I have, and it is -- this window is open up in front. Okay. Preservation Board ask me to change it to a casement, which was like a 1950s, and right now, not anymore. No store sell this kind of window, and ifI change it to the casement, that will be look funny to my room. This is a motel, because it is two side. Several wall -- it's -- I just -- you know, the time when I change this window, okay, I -- it's -- I really didn't know this building already designate for historical MiMo (Miami Modern). In my simple mind is just make it a window match to other side. I'm not mean to offend the authority, okay. Never in my mind I try to offend anybody, but this is a fact, what I make mistake because I didn't know -- I didn't go to the building permit to get permission. This is my big mistake, and I spend lots money for this window, and also I did roofing. I spend so much money for this. It's hardship for me, you know, to a single woman, to do business in this section of the Biscayne Boulevard. Just recently, in half months, my office win -- off -- my office in a motel been break in two times, and that was like at midnight, like at 2 o'clock. My night clerk just went to the bathroom and in a daze, he heard a bam, and somebody just force open the window, and it's not easy for me to handle everything -- Chairman Gonzalez: All right. Ms. Liu: -- so I'm here to ask you to give me mercy and give me pass for this window, and I won't make mistake anymore from -- because from now on, I know this building is designate for MiMo historical. Whatever I have anything to do, I will go to the Preservation Department first. Commissioner Sarnoff All right. Chairman Gonzalez: All right. Thank you, ma'am. Commissioner Sarnoff Mr. Chairman. Chairman Gonzalez: Commissioner Sarnoff. Commissioner Sarnoff Ms. Liu -- Ms. Liu: Yes. Commissioner Sarnoff -- the reason you made the mistake is you didn't pull a permit -- Ms. Liu: Yes, yes. Commissioner Sarnoff -- for your windows. You didn't pull a permit for your plumbing. You didn't pull a permit for your electrical. Did you --? Ms. Liu: Yes, I did, for electrical, and then for roofing. Okay, the first roofing they cheat on me. Last week I went to the Building Department to complain. Commissioner Sarnoff Okay. Ms. Liu: I spent 20, 000 for this roofing, and they pass me -- promise me, you know, to get a permit. I still holding 1, 000 for the inspection, but I find out they didn't get a permit, and the roofing keep leaking and leaking every time rain. Commissioner Sarnoff Well, Ms. Liu, had you pulled the permit, you would have known that MiMo requires historical windows, and you would have known, and you would have had casement windows. Yet, you know, you're a lady that presents very nicely as a land owner and City ofMiami Page 55 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 as a business owner, and you're suggesting that you'd like some relief from having to comply with the law. The only relief I could recommend to this Commission is as follows: That your west window, which is your exposure to the Biscayne Boulevard, that in three months you must pull a permit to take out the windows you put in and put in the correct windows; that one year from now, you must then take the south side of the windows out and put in proper encasement windows; that in one year from that time, you must put in, from the north side, the proper casement windows. That is the exposure to your property to what's known as a historic district. That's the best thatl can do for you. It will not require a financial -- hopefully, will not require a financial hardship to you immediately. You won't have to change every window -- Ms. Liu: Excuse me. Commissioner Sarnoff I understand what you're saying. Ms. Liu: Can you -- can I --? Commissioner Sarnoff Solomon had a hard time, too, and I don't have to cut the baby, but what I can do is provide you the opportunity to comply without having to comply all at once. Ms. Liu: I try my best. I work, ifI have to -- Vice Chairman Sanchez: There is no best. Ms. Liu: -- do anything, but you will see -- Commissioner Sarnoff What's that? Ms. Liu: -- my existing window inside. Vice Chairman Sanchez: There is no best. She has to do it. Ms. Liu: It's -- Commissioner Sarnoff Correct. Ms. Liu, understand something, and Commissioner Sanchez says this right. There is no best. You broke the law. The law is bending, but it's not going to break for you. The law will allow you, if they agree with my recommendations, that you'll have some time to replace, unfortunately, these new windows, but you're going to have to do it. If you don't do it, you'll be back in front of us, and I don't think you'll like the result if you come back in front of us, so again, in three months, you're going to have to pull a permit to take the west side windows out; one year from then, you're going to have to pull a permit to take out the north side windows; one year from then, you're going to have to pull a permit and take out the south side windows. Chairman Gonzalez: All right. Is there a motion -- Commissioner Sarnoff It is, sir. Chairman Gonzalez: -- Commissioner? There is a motion. Vice Chairman Sanchez: Second. Chairman Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 56 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Maria J. Chiaro (Assistant City Attorney): Mr. Chairman. Chairman Gonzalez: Motion carries. Ms. Chiaro: May I, for the record, state that this Commission, by the statement of Commissioner Sarnoff, has denied the appeal, but has altered the conditions of the Historic Preservation Board, allowing for the conditions to be complied with on the timetable as set forth in the record. Chairman Gonzalez: That is correct. Commissioner Sarnoff Thought that's what I said. Chairman Gonzalez: That is correct. All right. Thank you, ma'am. Ms. Liu: Okay. Thank you. PZ.4 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 06-02044zt CC SR 10-25-07 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 November 15, 2006 by a vote of 5-0. See companion File ID 06-02044zt1. PURPOSE: This will permit public storage facilities within 150 feet from a major interstate by Class II Special Permit 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. City ofMiami Page 57 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 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 Spence -Jones Absent: 1 - Commissioner Regalado 12951 Chairman Gonzalez: PZ.5. I'm sorry, PZ.4. Lourdes Slazyk (Zoning Administrator): For the record, Lourdes Slazyk. PZ.4 and 5 -- Vice Chairman Sanchez: Before we move, can you -- excuse me. Could you --? Commissioner Sarnoff Kathleen. Vice Chairman Sanchez: I think you need to meet with her, because I don't think she understands. I don't think she quite understood what we -- Chairman Gonzalez: She does. Vice Chairman Sanchez: Could you just, please, out of -- you know, sit down with her and explain to her --? Chairman Gonzalez: All right. PZ.4. Ms. Slazyk: PZ.4 and 5 are related. They're for different special districts, but it's in order to do the same thing. This is to allow the public storage facilities by Class II We added the language that Commissioner Sarnoff had requested at -- last time this was before you. It's second reading today. The language added says that any application for Class II will not be accepted for locations where notice of violation has been issued within 60 days before the application is filed, and also to remind you that through the Class II Special Permit process, there are referrals to the NET (Neighborhood Enhancement Team) offices so that -- and also additional conditions can be placed on the Class II that says that the Class II can be rescinded or revoked in the event that -- I know murals are your issue, but this is for -- Commissioner Sarnoff Well, let me -- Ms. Slazyk: -- any violation. Commissioner Sarnoff I got you. I got you. Let me -- this essentially will affect three buildings, correct me if I'm wrong. MR -- well, just tell me the now existing buildings. Ms. Slazyk: Okay. Commissioner Sarnoff MRC (Miami Riverside Center), FP&L (Florida Power & Light), McCormick. Ms. Slazyk: McCormick, I believe, is SD-6, not 15. Commissioner Sarnoff Is that the next one? Ms. Slazyk: Yeah. Commissioner Sarnoff Well, let's take them together. Ms. Slazyk: Okay. City ofMiami Page 58 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Commissioner Sarnoff Am I right, it'll affect three buildings, right? Ms. Slazyk: No. SD-6 is a much bigger district. SD-6 is all up through the Omni area. Chairman Gonzalez: Right. Ms. Slazyk: It's portions of Biscayne Boulevard. Wherever there are existing buildings that could do -- this is an adaptive use of those buildings, which means that there is a handful probably up near the Omni that could avail themselves of this. Commissioner Sarnoff Here's my issue, so you understand it, and I do this with corporations, and I will do it with buildings. Somebody comes to us that's going to benefit from a law change in the City ofMiami and they're not in compliance with something, and your client is not in compliance with murals. Lucia Dougherty: Can I make -- may I make a comment, though? On the -- Commissioner Sarnoff Not unless you explain your hair color to me. Ms. Dougherty: My color? Oh, okay. Commissioner Sarnoff That's an inside joke. Ms. Dougherty: My -- on the SD-4 -- I mean, PZ.4 is the SD-15. There is no building at all on the property. This is a vacant piece of property, so there's no violation. Commissioner Sarnoff All right. Ms. Dougherty: On the other one, what you have said, this is one of the ones that were in that stipulated settlement, so -- but having said that, what you've now included in the ordinance is there cannot be a violation on the ordinance -- I mean, on the property for 60 days in advance of applying for the permit -- Commissioner Sarnoff OK. Ms. Dougherty: -- so that's what you asked for; that's what they've put in, and that's what we agreed to. Commissioner Sarnoff But the mural will stay there. Ms. Dougherty: No, no. We have to take it down 60 days in advance. Commissioner Sarnoff And just because you said that was part of a stipulated mural, understand -- Ms. Dougherty: Yeah. Commissioner Sarnoff -- and I don't think you want me to necessarily say this. They are no longer part of the stipulation. Ms. Dougherty: I'm not sure that's correct. Commissioner Sarnoff It is. City ofMiami Page 59 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Ms. Dougherty: Well -- Commissioner Sarnoff They have not paid their fees. Ms. Dougherty: Well, they have, if fact, offered to pay the fees, albeit late, but they have offered and sent a check to the City for the entire amount, so -- Commissioner Sarnoff Okay. Ms. Slazyk: Commissioner, the other, you know, positive aspect of having the Class II is through the Class II Special Permit additional conditions can be placed, including conditions that they remain free of violations or lose the use. The Class II could be rescinded or revoked if they were to not stay clean, if that's put in the Class II, so -- Commissioner Sarnoff And that -- can that be done from the dais here? Ms. Slazyk: The -- well -- Ms. Dougherty: Here. Ms. Slazyk: -- that would be a -- you can't add a condition to a Class II that hasn't been filed yet Commissioner Sarnoff Okay. Ms. Slazyk: -- but that's something that the Administration could do -- Commissioner Sarnoff Can do. Ms. Slazyk: -- as these Class Its come in, yes. Commissioner Sarnoff Can I make that recommendation to you? Ms. Slazyk: It would be the Planning director, but, yes, you can. Commissioner Sarnoff Where is the Planning director? Ms. Slazyk: Until they file a Class II, you can't put a condition on them -- Commissioner Sarnoff I understand. Ms. Slazyk: -- because this is a legislative matter. It applies to all properties. Commissioner Sarnoff But this goes to the policing of the City, and this goes to requiring people to comply with the law. They're about to get a benefit here, and you can take down a mural very quickly, and then put a mural back up very quickly, so I just suggest to you, you know, until we resolve our mural ordinance, which I think will happen shortly, but until that time, if you're not in compliance, I would hope that part of your Class II conditions that you would require is compliance with the law. Ana Gelabert-Sanchez (Director, Planning & Zoning): We will do that. Commissioner Sarnoff Okay. Ms. Gelabert-Sanchez: That's no problem. City ofMiami Page 60 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Commissioner Sarnoff Then I'll make a -- well, I guess you know. Chairman Gonzalez: Go ahead. Commissioner Sarnoff I'll make a motion to approve PZ.4. We have to do them one at a time, right? Ms. Slazyk: Yes. Commissioner Sarnoff Yeah. PZ.4. Chairman Gonzalez: All right. There is a motion on PZ.4. Vice Chairman Sanchez: Second. Chairman Gonzalez: There is a second. It's an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. 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.5 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 06-02044zt1 CC SR 10-25-07 Fact Sheet.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: City ofMiami Page 61 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 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. Motion by Vice -Chairman Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado 12952 Lourdes Slazyk (Zoning Administrator): And PZ.5 -- Chairman Gonzalez: PZ.5. Ms. Slazyk: -- this is for SD-6. Chairman Gonzalez: Is there a motion on PZ.5? Vice Chairman Sanchez: It's a companion, right? Ms. Slazyk: Sort of. Vice Chairman Sanchez: Yes. So move. Commissioner Sarnoff Sorry. Chairman Gonzalez: All right. Commissioner Sarnoff Second. Chairman Gonzalez: There is a motion; there is a second on PZ.5. Let me open it to the public, PZ.4 and PZ.5. Anyone that wants to comment on PZ.4 or PZ.5, please come forward to be recognized. Seeing none, hearing none, public hearing is closed. 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, 4/0. PZ.6 07-00751zt 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 10, SECTION 10.5.2, IN ORDER City ofMiami Page 62 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 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 07-00751zt 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 June 20, 2007 by a vote of 7-0. PURPOSE: This will modify sign regulations for the PR Parks and Recreation Districts. Motion by Commissioner Spence -Jones, seconded by Vice -Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado 12953 Direction by Commissioner Spence Jones to the City Manager to ensure that revenue generated from regional parks stay within said parks; further directing the City Manager and the City Attorney to work along with District 5 Commission Office to develop an ordinance that would allow for the naming rights on signature structures within regional parks so that any additional revenue generated could be used to address maintenance, programming, and marketing -related issues. Chairman Gonzalez: PZ.6. Roberto E. Lavernia (Chief of Land Development, Planning): PZ.6 is also an amendment to 11000 in order to modify sign regulation from Park and Recreation district. This is the second reading. It was discussed at some -- Chairman Gonzalez: The sign -- Mr. Lavernia: -- first reading. Chairman Gonzalez: -- regulations. Is there a motion on PZ.6? Commissioner Spence -Jones: Yes, I'd like to move it. I just have a comment. So move. Chairman Gonzalez: All right. There is a motion. Is there a second? Vice Chairman Sanchez: Second. Discussion. Chairman Gonzalez: There is a second for discussion. City ofMiami Page 63 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Commissioner Spence -Jones: Yes. Mr. Chairman, I just wanted to make sure that it is on the record that the monies generated from these regional parks stay within those parks. I think that was one of the biggest issues we had in the last meeting: We all have big parks that are happening within our districts, and we want to make sure that those funds do not go into the overall general fund, because I'm sure there's programming and other issues that we want to see happening with those dollars. I would like -- also like to direct the City Manager to work along with my office and the City Attorney to develop an ordinance that would allow for the naming rights on these signature structures within these regional parks; this way, these parks can generate additional revenue that will address maintenance issues, programming issues, and marketing -related issues, and the only reason I'm saying that, for instance, Grapeland, which is a beautiful park, by the way -- Mr. Chairman, I rode by your park the other day, and it's awesome -- there might be companies that may want to, you know, have the naming rights on certain things, so I think that it's really important for us to start looking at those initiatives. I'm already doing that for the Little Haiti Park, so I just want to make sure that we're able to come back, you know, to the Commission with something on that, and that's my only comment. Chairman Gonzalez: All right. Vice Chairman Sanchez. Vice Chairman Sanchez: No comments. Chairman Gonzalez: No comments. All right. This is a public hearing. Anyone from the public that wants to speak on this item, please come forward to be recognized. Seeing none, hearing none, the public hearing is closed. Roll call, please. Maria J. Chiaro (Assistant City Attorney): I need to read the ordinance. Chairman Gonzalez: I'm sorry. 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, 4/0. PZ.7 07-00939zt 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 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. City ofMiami Page 64 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 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-Min utes. pdf 07-00939zt CC SR 10-25-07 Fact Sheet.pdf 07-00939zt-Submittal-Min utes. 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. INDEFINITELY DEFERRED A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioners Spence Jones and Regalado absent, to indefinitely defer item PZ.7. Chairman Gonzalez: PZ.7. Roberto E. Lavernia (Chief of Land Development, Planning): PZ.7 is also an amendment to 11000, in order to permit an intersection retail office and use in mixed -use building: This is for the Midtown project. What we're doing in here -- this is the second reading also -- was explained that what we're doing is modifying the concept of mixed -use building in order to increase commercial and office uses, and in that way, we will have at the corners retail uses to -- for pedestrian uses to be increase. Chairman Gonzalez: All right. Any -- a motion on PZ.7. Commissioner Sarnoff I'll -- Vice Chairman Sanchez: So move. Commissioner Sarnoff -- make a motion for discussions. Vice Chairman Sanchez: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: There is a motion, and there is a second for discussion; comes -- Commissioner Sarnoff, you're recognized. Commissioner Sarnoff Mr. Chair, you will recall that the last time we brought this up, this was regarding whether the parking at Midtown was supposed to be free -- Chairman Gonzalez: Yeah, um -hum. Commissioner Sarnoff -- and what I had my office do was fry to find any transcript relevant to City ofMiami Page 65 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 parking; two things. I think one that might even interest Commissioner Spence -Jones is a statement here made about affordable housing in the neighborhood, and I don't think the affordable housing, which was represented as going to occur, has ever occurred, and my understanding, through further conversation, it was supposed to be about $1 million, and I'm going to direct you just to two issues, just so you know. If you go to page 4, it talks about Commissioner Winton saying, "A commitment that they have for Midtown Equities" to build affordable housing in the neighborhood, so I'm going to get on the phone right now and also see if I'm missing something here." A comment for affordable housing continues, which talks about, on page 13, by Linda Haskins, "There's just one other item to cover before the conclusion, that is, BDB [sic] is making available ten units out of each of its buildings for affordable housing. BDP is going to provide a million -dollar revolving line of credit to non -for -profit housing agency to acquire vacant parcels, boarded up dwellings, and other units to rehabilitate or construct affordable housing within Wynwood and surrounding neighborhood, so they're going to target, you know, some of the" -- and she goes on to say this. Now that's regarding affordable housing. I have not been able to establish that that is going to happen. Now just with the simple issue of parking, if you just read Commissioner Teele, at page 24, he says, "Now we're going to provide the main piece of this. Let's just break it down. The main piece of this incentive package is parking, and it's parking that's going to be free to the people who use these shops. You're not going to get somebody to go and pay Bal Harbor parking for" -- and I'll just let the rest of that go -- "You cannot make -- you never make or sell somebody in Overtown or Allapattah or Wynwood if they're going to come and pay $5 for parking," and he goes on to say, "The parking in Overtown and the parking in Allapattah is the best thing this Commission has done." There's no doubt in my mind that there was going to be free parking here. There's equally no doubt in my mind that affordable housing was a component of this; that I have not been able to established has occurred. Now my biggest fear on this Commission is whatever we say up here doesn't necessarily occur, and we take it for granted or we take it for good government -- maybe it's not such good government -- but we take it for gospel truth that what we say up here has meaning, and I understand, in the budget process, it has meaning once a year, but what we say up here every time we sit twice a month should have meaning, and it should make it to the documents. It is the agreement. The agreement that occurs on this dais is the true agreement, not what is evidenced later by contract, because what's happening is people are making statements to this legislative body; they're not fulfilling their obligations that they induce us to vote upon, and then we -- I know do not read the 50-, 60-, 100-page contracts; mostly because we don't have the time, and we don't have a City Attorney sitting next to us to interpret it, but we take it for granted or we take it for good government that everything we say up here materializes as a term and a condition to that contract, and I just don't see -- and I'm going to move to defer this matter one more time, until such time somebody establishes for me where's the affordable housing, where's the $1 million, where's the free parking, I'd be more than glad, more than ready, more than willing, more than able to do whatever Midtown Development would like to have done with regard to their project. It is a good development project, but they have to live up to their words. Vice Chairman Sanchez: All right. Second. Deferral. Do you want to defer it? Commissioner Sarnoff I'd like to defer it until the Administration comes back to me -- Vice Chairman Sanchez: Second. Chairman Gonzalez: All right. Pamela E. Burns (Assistant City Clerk): Excuse me. Chairman Gonzalez: Motion to defer -- Ms. Burns: Mr. Chair? City ofMiami Page 66 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Chairman Gonzalez: -- a second. All in -- Vice Chairman Sanchez: Yes. Chairman Gonzalez: -- favor, say "aye." Vice Chairman Sanchez: To defer the item. Chairman Gonzalez: Motion carries. Ms. Burns: The -- Vice Chairman Sanchez: Till all these issues are addressed. Chairman Gonzalez: Item has been deferred. Ms. Burns: -- original motion was to approve. Commissioner Sarnoff Ah, okay. Chairman Gonzalez: Oh, okay. Commissioner Sarnoff Let's withdraw -- let me -- well, let me withdraw my motion -- Vice Chairman Sanchez: All right. Chairman Gonzalez: All right. Commissioner Sarnoff -- and I'm going to make a motion to defer. Vice Chairman Sanchez: Second. Commissioner Sarnoff That motion to defer will be predicated upon it coming back -- was -- defer doesn't mean a specific time, right? Chairman Gonzalez: Yes. Ms. Burns: Yes. We would need a date specific to defer. Commissioner Sarnoff What's the one that doesn't need that? Ms. Burns: Indefinitely deferred. Commissioner Sarnoff Indefinitely defer. I got to get my little cheat sheet again. I'm going to make a motion to definitely defer until such time as the Administration satisfies this Commission for two issues: One, where's the affordable housing? Two, where's the free parking? And if I'm wrong, I apologize to this Commission, butl have done as much research as my office can do on these two issues, and I just don't think it's occurred. Chairman Gonzalez: Very well. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City ofMiami Page 67 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Vice Chairman Sanchez: Okay. PZ.8 07-01014zt 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 9, SECTION 906.9 TEMPORARY SPECIAL EVENTS; SPECIAL PERMITS; CRITERIA, IN ORDER TO ALLOW FORA 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. 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 07-01014zt 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 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 Sarnoff, 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 12954 Chairman Gonzalez: PZ.8. Roberto E. Lavernia (Chief of Land Development, Planning): PZ.8 is also second reading for an amendment to 11000 in order to -- special event vending of district along Southwest 8th Street, from Southwest loth to Southwest 27th Avenue. Chairman Gonzalez: All right. Is there a motion on the item? Vice Chairman Sanchez: So move. Chairman Gonzalez: There is a motion. Is there a second? Commissioner Sarnoff Second. Chairman Gonzalez: Is there a second? Commissioner Sarnoff Second. City ofMiami Page 68 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Chairman Gonzalez: There is a second. It's a public hearing. Anyone from the public that wants to speak on this item, please come forward to be recognized. Public hearing is closed. It's an ordinance. Madam City Attorney. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chairman Gonzalez: Roll call, please. 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. Chairman Gonzalez: All right. Now we're going to go into lunch recess, and should be back at 2 o'clock. Thank you. PZ.9 06-01403zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, RELATING TO PROJECTS LOCATED IN THE URBAN CENTRAL BUSINESS DISTRICT OUTSIDE OF THE DOWNTOWN DRI AREA; PROVIDING FOR A HEIGHT INCREASE FOR THE PROVISION OF PUBLIC PARKING IN EXCESS OF THE REQUIRED OFF STREET PARKING REQUIREMENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-01403zt - PAB Fact Sheet.pdf 06-01403zt - PAB Legislation.pdf 06-01403zt PAB Reso.pdf 06-01403zt CC Legislation (Version 2) - OLD.pdf 06-01403zt CC FR Fact Sheet.pdf 06-01403zt CC SR Fact Sheet 12-14-06.pdf 06-01403zt CC SR Fact Sheet 01-25-07.pdf 06-01403zt Zoning Map.pdf 06-01403zt Aerial Map.pdf 06-01403zt CC SR 10-25-07 Fact Sheet.pdf 06-01403zt CC Legislation (Version 3).pdf 06-01403zt CC SR 11-09-07 Fact Sheet.pdf 06-01403zt-Submittal-Lourdes Slazyk E-mail.pdf 06-01403zt-Submittal-Map.pdf 06-01403zt-Submittal-Lucia Dougherty-E-mail.pdf 06-01403zt-Submittal-Miami Herlad Article.pdf 06-01403zt-Submittal-Notice of Filing Affidavit of Steven Coliaizzi.pdf 06-01403zt-Submittal-Westlaw Document.pdf 06-01403zt-Submittal-Complaint for Issuance of Writ of Mandamus.pdf 06-010403zt-Submittal-Emergency Motion for Temporary Injunctive Relief with Notice.p 06-01403zt-Submittal-Bayview Newspaper Notice.pdf 06-01403zt-Submittal-Lourdes Slazyk E-mail 2.pdf 06-01403-Submittal-Receipt of E-mails.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of City ofMiami Page 69 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 6, 2006 by a vote of 6-0. PURPOSE: This will provide a height increase for public parking in excess of the required off-street parking requirements in the C-2 zoning district when located within the Urban Central Business District outside of the Downtown DRI. DEFERRED Item PZ.9 was deferred to the Commission meeting currently scheduled for November 9, 2007. PZ.10 05-00408pa RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL BY W. TUCKER GIBBS, ESQUIRE, ON BEHALF JERIN, INC. AND AFFIRMING THE DECISION OF THE ZONING BOARD, THEREBY CONFIRMING THE PLANNING DIRECTOR DETERMINATION OF NONSUBSTANTIAL MODIFICATION, DATED MAY 11, 2007, REGARDING THE BAYVIEW MARKET MAJOR USE SPECIAL PERMIT. 05-00408a Appeal Letter.PDF 05-00408a Planning Determination.PDF 05-00408pa Letter from Tucker.PDF 05-00408pa ZB 07-30-07 Fact Sheet.pdf 05-00408pa ZB Reso.PDF 05-00408pa Appeal Letter.PDF 05-00408pa CC Legislation (Version 3).pdf 05-00408pa CC Legislation (Version 4).pdf 05-00408pa CC Fact Sheet.pdf 05-00408pa-Submittal-PowerPoint Presentation-Bayview Market.pdf 05-00408pa-Submittal-Presentation for Appeal.pdf APPELLANT(S): W. Tucker Gibbs, Esquire, on behalf of Jerin, Inc. REQUESTOR(S): Iris V. Escarra, Esquire, on behalf of Bayview Market FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal, uphold the Zoning Board's decision and uphold Planning Director's determination. ZONING BOARD: Denied the appeal on July 30, 2007 by a vote of 7-0. PURPOSE: The approval of this appeal will not allow the nonsubstantial modification for the Bayview Market Major Use Special Permit. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez City ofMiami Page 70 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 R-07-0618 Vice Chairman Sanchez: All right. Let's go ahead and continue with the order of the day. That's the regular Commission meeting. We are on PZ (Planning & Zoning) items. The first item after the recess will be PZ.10. PZ.10. Are we ready on PZ. 10? All right. Roberto E. Lavernia (Chief of Land Development): For the record, Roberto Lavernia, with the Planning Department. PZ.10 is an appeal to the director decision of a nonsubstantial modification for the Bayview Market project, so the applicant had -- needs to talk first. Vice Chairman Sanchez: All right. This is an appeal, so the appellant is recognized for the record, followed by the applicant. Tucker Gibbs: Good afternoon. My name is Tucker Gibbs, with law offices at 215 Grand Avenue in Coconut Grove, and I'm here representing the Jerin Corporation, which is the owner of the property at 35 and 41 Northeast 17th Terrace, which is adjacent to the proposed project, this refer to as Bayview Marketplace [sic]. I'll be followed in my presentation by Mr. Mark Alvarez, who is our planner, who will be discussing the planning issues, and by Mr. Saul Cimbler, also representing my client, Jerin Corporation. That will be our full presentation I'd also like to incorporate all the documents relating to the Major Use Special Permit approval and the variance approval, any court documents relating to that Major Use Special Permit, and all file -- and the variance, and all filings on this appeal to be included in this record today because they're all germane to the issues that we are going to be discussing with you. This is an appeal of a determination by the Planning director that changes proposed by the developer of the Bayview Marketplace project are nonsubstantial, and therefore, do not warrant review by the Planning Advisory Board and the City Commission. Your review today is not whether these changes that have been proposed and have been determined to be nonsubstantial -- your review is not whether these changes are good and should be approved or bad and should be rejected. You're here today with this appeal to make a determination whether these changes are substantial or nonsubstantial. That's what this appeal is about, and you're going to hear testimony specifically as to why these changes are substantial, unlike how the Planning director determined that they were nonsubstantial. In making this decision, you must evaluate whether the Planning director applied the applicable criteria set forth in Section 2215.1 of the Zoning Code when she determined that the proposed changes are nonsubstantial. In her review and in your review, there are four criteria to apply. Number 1, the first criteria, whether the proposed changes exceed the requirements of the Zoning Code; number 2, whether the building's footprint -- and they use the word 'footprint" in the Code -- is moved by more than ten feet in any horizontal direction; and number 3, whether the building's height is increased by more than five feet or five percent of the building's height, whichever is greater, and the fourth criteria, whether the changed project is substantially the same project and is still in compliance with the findings of the original MUSP (Major Use Special Permit) application. Unfortunately, in this fourth criteria, substantially the same project is not defined, and allows the Planning director unlimited discretion in making that determination. The Planning director failed to correctly apply these criteria when she decided the changes in the approved MUSP were nonsubstantial. Number 1, portions of the building exceed the 120 foot height limit set forth in the Zoning Code, the roof over part of the building is 140 feet high; number 2, the project that was approved on May 25, 2005, was a mixed -use commercial residential development. This project is a commercial development with ancillary office use; number 3, the project, as approved by the Planning director, changes the building footprint by replacing indoor retail space with outdoor retail place. It also eliminates the five community retail spaces on the ground floor. Those are retail spaces that were lining the building, and adds additional loading and receiving areas, the original loading area on Northeast 17th Terrace, as well as a new receiving area all along Northeast Miami Place; number 4, the project was designed to be integrated with the residential aspects of the neighborhood. That was the whole point of this. This was a new kind of project, a project that was going to bring big -box retail into this neighborhood that was sought to be developed with loft -type developments, and Parc Lofts is right across the street, and as part of City ofMiami Page 71 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 this development, it was going to become pedestrian friendly, and it's a pretty hard slog to make a big -box retail shopping center pedestrian friendly, but the original plan showed residential uses lining the project and these commercial retail uses along the ground floor, so this would encourage pedestrian traffic by including the community retail on the ground floor, and it would soften the mass of this building with residential liners. These substantial changes have transformed a project that sought to fit in with the City's goals of a pedestrian, neighborhood friendly development into just another big box, and actually, not just a big box -- a massive box of several big -box retailers. The original idea for this project is a good one, a big -box shopping center with residential liners to soften the impacts on the surrounding neighborhood, pedestrian friendly small-scale retail on the ground floor, loading in an enclosed area hidden away off 17th Place, and not stretching over the entire west front of the project. Instead, what you have is a project that is no different than a stack of suburban Wal Marts with an attached parking garage. This is a substantial change to that project. Mr. Alvarez will speak to you now about the details of these planning issues, and -- followed by Mr. Cimbler, and I'd like to reserve five minutes for rebuttal, ifI might? Vice Chairman Sanchez: Granted as requested. Sir, you're recognized for the record. Mark Alvarez: Yes. Thank you. My name is Mark Alvarez. I'm a planner. I have 18 years of experience in Florida, certified; been working in Florida for about 16 of those years. My address is 625 Northeast 50th Terrace, Miami, Florida. Mr. Gibbs asked me to review the original MUSP and, actually, all the subsequent stages of the changes, and I have done that through the latest one. I have -- in doing that -- I won't read these again, but Tucker have already talked about that. I use the criteria on the statement for substantial change in Section 2215.1, very quickly, whether it exceeds the zoning regulation, whether the footprint moves by more than ten feet, whether the height increases more than five feet or five percent, and of course, the last one, whether the proposed changes are substantially the same project and still in compliance with the findings of the original application. There are five -- as I said, there have been five submittals of change. Actually, there are two modifications, the first set of drawings that were approved, dated from July 2004 , it was then modified in 2006, and then again in January of 2007; further modifications called "supplements" were submitted in April and June of 2007. For the purposes tonight, what I'm presenting is really -- since the June of 2007 is a cumulative modifications on all of the prior ones, the comparisons you'll see tonight will be based on June 2007, with all the cumulative changes as they applied to the original documents which were approved. That will be the July 2004 package and drawings. In reviewing this I found four findings of substantial change based on the Section 2215.1 criteria; one having to do with building height, the second having to do with the office liners, the third having to do with the ground floor areas and how those have affected the project, and finally, the compatibility with the neighborhood. Starting with the height, the overall change here is that the building height, it used to once be 140 feet at the parking lot top level and the parapet there, as well as the actual main sfructure. It was reduced -- the main sfructure and the parking lot was reduced from 140 to 120 feet to meet the Code, the C-2 Code, and to address the denial of a requested variance at that time. In the process, one thing was left at 140 feet, and while this meets criteria 3 because the height is not increased, it does not meet criteria 1 of Section 2215 because the change still exceeds the Zoning regulations. This has to do with the canopy, and the canopy is what's circled in the rendering from the MUSP application. It's the canopy or the roof that's actually over the -- what's called the "motor court, "I believe. A hundred and twenty feet is allowable, a hundred and forty feet is there. The canopy is a hard structure. It's a permanent structure, and it is stated as an open -sided roof to a retail circulation afrium. That statement is not from me. That statement is from the MUSP documentation itself. It's in the project description, page 2, paragraph 2, says a ten -story afrium shall be topped with an open -- I have to read it from here -- sided roof and the sentence continues on after that. It is also a roof to sales areas. In the tabular data for the project, there are shown on the second and third levels mezzanine retail areas, which apparently occur in that atrium space between the parking lot and the retail building itself so in two cases, we have -- it is referred to as a roof over an afrium, and City ofMiami Page 72 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 the atrium actually has what should be counted as FAR (floor area ratio) retail space that will be used for sales, so it is definitely a roof. I think it has been portrayed as a structure that will be -- force the exclusions of Section 915.1 could be applied. Those exclusions -- and I'm going to put on my glasses and read them. Section 915.1.1 excludes portions of structures from the height, and those include roof structures for housing elevators, stairways, tanks, ventilating fans, solar energy collectors, or similar environ -- wait -- or similar in -- equipment related [sic] to operate and maintain the building, provided that such structures do not cover more than 20 percent, nor to church spires, steeples, belfries, monuments, water towers, flagpoles, vents, or similar structures. This is a roof over an atrium. It does -- nothing in 915 goes to what this basically is. It's a roof over an atrium, and it is too high. I don't know if you can see them. I guess you can't. These are actually excerpts from the drawings that she -- (UNINTELLIGIBLE) 301, and it shows that that roof elevation is 140 feet. The second item is the change of the parking structure liners. In January 2007, that submittal, plus the modifications and supplements after that, showed that the liner spaces around the garage, which were formally to the residential units, would be converted to office spaces, presumably that was done to adjust to anticipated real estate market. It fails to meet two criteria of Section 2215. First, that is not in compliance with the original findings, sec -- and criteria 1 is that it exceeds zoning regulations, as well. Criteria 4 is fairly straightforward. In the original documentation, the MUSP application that was approved, this was presented as a project. In fact, I'll read a little piece of the paragraph. It says it's the project's goal to prove that large retail, vis-a-vis home improvement, and general household products merchants can be provided in an urban setting. The project also contains a residential, small retail, and parking component. I think this has been portrayed as well. It will still look the same if we change it to office, but the problem is it doesn't function the same, and in fact, that description went on to say that these units should be the -- shall be the main focal point on approaching northward along Northeast 2ndAvenue. The project description of the original MUSP presented a project for approval as a mixed -use project that included residential use as a prominent minor component. It's not an ancillary use. It was a mixed -use component. The modified MUSP presents to you a development that's entirely commercial, and as such, not really such mixed -use. Further, it presents that those office spaces are ancillary to the commercial use, so it is no longer a mixed -use; it no longer puts people in that neighborhood; it no longer tries to create a neighborhood in that area; it no longer puts eyes on the street at nighttime. The second problem is that it exceeds the zoning regulations in that the office space was listed as ancillary, and therefore, not counted towards FAR or parking requirements. What the January documentation said was that it was ancillary, but the office spaces are physically separated. They're on the other side of the garage from the retail spaces. They can't -- they're not part of the stores. They're not ancillary in that way. They presented it as either being used by the tenants or the developers. If it's used by the developer, the use is unrelated to the business in the retail center -- in the retail building. Therefore, it's not an ancillary use; it's a separate use. If it's used by the tenants, we should still count it towards FAR because normally, when you look at the FAR, you assume there's a certain amount of office space in a retail building. If that retail space is moved out, then there's more sale space and the FAR should be counted. If the office space is still inside that retail space, then the new office space is for something else, maybe the same tenant uses it, but they use it for their regional office or some other management function. Any way you cut it, it can't be ancillary space, simply because it's not inside those retail spaces. The third finding has to do with the retail spaces, the garden center, and the receiving area. These occur throughout the changes since the original. The spaces on the ground floor have changed. There's been an increase in the outdoor garden center sales area, a reduction of some of the indoor floor areas; the small-scale street retail that is connected to the big -box building, not the part that's on the garage, but the part connected to the big -box building is gone. It's been removed, and the large receiving area has been moved to the west side. The problem here is that it does not meet criteria 4. Again, it is not in compliance with the original fine. In criteria 2, there may be an issue with footprint -- excuse me -- movement of the footprint. Commissioner Sarnoff Could you go back and reiterate that? I didn't -- space is on ground floor your -- you were talking -- City ofMiami Page 73 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Mr. Alvarez: I'm -- actually, I'll try to get into it a little more in the next slide, ifI can do it that way? This is the original drawing, and this is the original ground floor, and I've shaded it so that it's easier to see. What was originally there, whoever the tenant would be would be a big -box retail establishment, probably a home improvement -- actually, it is stated to be a home improvement -type tenant. That was the orange. Consistent with how this project was presented, south of that were five small retail stores, remember, to soften the impact of the big building, as well as to provide a development that is more urban and fits in with the neighborhood better. On the upper left-hand corner, that would be the northwest corner, is the loading area, and finally, big -box tenants of this sort, whether it's -- whereas Home Depot or Lowe's, any of these home improvements have an area that needs to be used for what's called "receiving." This is where the customers, in many cases, come and purchase goods, many of these goods which might be temporarily stored outdoors. There's a lot of heavy lifting operations, forklift, et cetera, in that area. Their receiving was originally shown to be in a lane inside the motor court, and again, this was -- the idea was that it's an urban environment; we want to shield that. We want to put it in between the garage and the main building, and so it's shown in red as best I can. It shows the lane and sort of two paths going to the main doors of the building. In the final drawings, as modified through all the modifications, we have something that's quite different. The orange area, the main tenant, is actually a little bit smaller because the receiving area that I spoke to that was once shield from the neighborhood in between within the motor court, between the garage and the main building, is now on the west side of the building. It faces North Miami Place and it faces the Parc Lofts. If you think about it, any of the -- this is basically -- if it were by itself -- this is sort of an industrial use. It's basically warehousing of goods outdoors, and the use of forklifts, trucks, and so forth in that area, and now that area is no longer within the project, but on the side of it. Commissioner Sarnoff Which street is next to the red? Mr. Alvarez: That's Northeast Miami Place. Did I say that right? Yes. The loading areas stay where it was. Also, very important is the community retail, what used to be that green line on the bottom, those five stores, is completely gone. Now what you have facing Northeast 17th Avenue is a big box; that's it. There may be some discussion about doors and fenesfration, but anybody knows whether it's Target, Wal-Mart, Home Depot, Lowe's, any big box, one of the things that's important about those operations is one door in, one door out; somebody checks your receipt. There will never be open doors onto the sfreet because there are two doors in the motor court; that's it. There will never be something on the sfreet, and a sort of nebulous use has -- is also there. We can never quite understand how large it is, but there's a big -box outdoor garden center area that has been added within -- that is on the Southeast 7 -- I'm sorry -- the Northeast 17th Street side, on the south part, and again, that is a big -box use; no doors, presumably, to that street. Finally, this has some implications to whether there might be a footprint change. We have -- unfortunately in your criteria, the word 'footprint" is used, and we spent a lot of time -- the word 'footprint" is not defined in Article 25 of the City's Code. Vice Chairman Sanchez: All right. Mr. Alvarez: Generally, footprint is where your foot is. It's different from the coverage of the building. Coverage could be overhanging, but the footprint is down here at ground level. What you have is basically an open area. It has a shielding surface of metal, possibly glass. However, it is an open area, and the exterior wall has moved in to accommodate that loading area. Just a little more about that, and finally, criteria 4, and I discussed all the areas and how they changed around, and I didn't relate them yet to really the criteria of Section 2215, so you can say (UNINTELLIGIBLE), but again, the project description in the original MUSP presents the project as -- and, again, I'll read that -- the project's goal was to prove that large retail...can be provided in an urban setting. How does it do that? It would provide small retail along the adjacent minor streets that would help animate the streetscape. The intended effect is to soften City ofMiami Page 74 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 the massing of the building on all sides. That's straight out of the MUSP documentation; straight out of the project description, Section 2; most of it is from page 1 and 2. We don't have that anymore. We have much more of a suburban type of a use. The small retail along that street -- those five green stores are gone. As I said, there'll never be all these doors that will actually function on a big -box use. There may be some doors there, but they won't be open. Now what we also have is a loading area as well facing 17th Street, in addition to the fact that it's just a big box, and further, where there was once a big box wall facing Parc Lofts, and some landscaping, some of the landscaping is gone, and now we have a somewhat possibly pervious wall or shielding, I should say surface, with two large doors. That would be a loading area on the other side; noise, equipment running, forklifts, whatever it may be. It certainly -- it's 20,000 square feet. It's certainly large enough to accommodate plenty of lumber, and cinder blocks, and whatever else, and finally, that would have an affect on truck fraffic, whereas the original MUSP -- and I believe it showed that the truck traffic would basically use Northeast 17th Terrace, and more or less, go by some of the residential development going to Miami Avenue, to I-95, whatever. Now we have a situation where the truck traffic is much more motivated to use, of course, North Miami -- Northeast Miami Place, but also use Northeast 17th Avenue, and why is that important? Again, because the Parc Lofts have just opened up two years ago; it's a residential use; the Filling Station is under construction; it's a residential use. On one hand we're trying to develop this as a mixed -use in a residential neighborhood. On the other hand, we're introducing truck fraffic and what is essentially becoming a suburban, large, big -box retail use. Vice Chairman Sanchez: All right. Mr. Alvarez: Quick summary. It is a substantial change for those four reasons. The canopy height is still noncompliant and violates criteria 1 of Section 2215; two, the change use of the liners and the fact that they're not calculated as FAR violate criteria 4 and criteria 1 of Section 2215; number three, the -- bringing the big box to the street and removing the small stores and the large loading area also to the street, again, criteria 4 is not substantially the same project anymore, and there may be an issue that the footprint has been moved, and then four, the intent and the compatibility -- this project was meant to be something very compatible in an urban environment, and again, it is not, and it violates criteria 4. It is just not the same project anymore. Vice Chairman Sanchez: Thank you very much. Mr. Alvarez: Okay. Thank you. Vice Chairman Sanchez: All right. Counsel, your next witness. Mr. Gibbs: Before I -- I did want to put a correction in the record. One of the things I incorporated by reference was my appeal letter, and I wanted to let you all know that my point 2A, Roman numeral I and double I, I'm withdrawing those two issues as issues that had appealed on, and I had spoken with opposing counsel. Commissioner Sarnoff One more time. Where you're at? Say it again. Mr. Gibbs: Number 2A, Roman numeral I, and Roman numeral double I -- not Roman numerals; I and double I are -- Commissioner Sarnoff 2A, I, and double I? Mr. Gibbs: You got it. Those are the two that I'm withdrawing, two issues that -- Jorge L. Fernandez (City Attorney): May I have a copy of what was distributed? I need to City ofMiami Page 75 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 ascertain whether it is a repetition of material that's already on the record or whether it's new material. If it's an appeal, no new material can be -- Vice Chairman Sanchez: All right. Mr. Fernandez: -- brought into the record, and it would be inappropriate for you to even look at it. Again, we had not received this before. I don't know if all of these materials have, in fact, been made part of the record below, because truly, as an appeal, you're limited to what's on the record, and we haven't had an opportunity to review this, so I don't know for what purpose this is being introduced. If they want to proffer it, and the Clerk has it, I don't know that anybody can object to that because it's paper, and paper goes, but with regard to the attention that you pay to it or the merit you give to it, I would need to look at it and see if it's already part of the record or not to be able to advise you. Vice Chairman Sanchez: Tucker, the attorney's going to look at it and see if it's part of the record. If not, just go ahead and state it for the record -- Mr. Gibbs: Thank you. Vice Chairman Sanchez: -- and at this time, we won't accept any -- Mr. Gibbs: I'll just state -- Vice Chairman Sanchez: -- new documents on appeal. Mr. Gibbs: Right. I just want to state there -- what is being presented the public record. It's my understanding it's in the public record, and therefore, I will accept that, and it -- Vice Chairman Sanchez: All right. Mr. Gibbs: -- will go to the Clerk as a proffer, and if the City Attorney says it's not allowed, we'll deal with that issue at another time. Vice Chairman Sanchez: Let's move on. Let's get -- let's go. Mr. Fernandez: Clearly, for the record, the fact that it's public record does not entitle it for your consideration on an appellate proceeding. Vice Chairman Sanchez: All right. Lucia Dougherty: And, Mr. Chair, I have never seen this document before. Vice Chairman Sanchez: Listen, the attorney has stated it very clearly; we will not be accepting those documents. Sir, you're recognized for the record. Saul Cimbler: For the record, Saul Cimbler, president of Strategic Consulting Group. I'm a zoning lobbyist registered in the City ofMiami to represent Jerin & Associates. Vice Chairman Sanchez: First of all, how long are you going to need? Mr. Cimbler: I don't think I'll need for than a half hour. Vice Chairman Sanchez: No, not a half hour. Mr. Cimbler: Well, I'll go as quickly as I can. City ofMiami Page 76 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Vice Chairman Sanchez: Be brief. Mr. Cimbler: -- as I can. I'll go as quickly as I can. I have to go pick up my son anyway, so I have time pressure to get out of here anyway, but I'll go as quickly as I can. The issues that are before you today were explained in part legally and technically; legally by an attorney and technically by a zone -- a planner and architect. The reason that this -- you're here today, and the way that this manner got here today is what I am here to talk about, and I understand the City Manager -- the CityAttorney's reluctance to have me talk about these documents because we had been frying to get for now, since one year, through Chapter 119 actions, public documents, and we've been stopped at every point, and here's where we're at with this. We are at a Chapter 119 proceeding in circuit court. We've yet to receive the discovery that we've asked for, which would have put us in a position to even be -- more articulately make this presentation, so let -- that was my response to that. That was a statement because of a pending lawsuit. I got involved in this matter on October 6 of last year, not on the Bayview matter, but on this nonsubstantial MUSP, because to and behold, I wake up one morning and I'm reading the newspaper, and I find that on October 5, there's an article in the Miami Herald suggesting that the MUSP that this Commission approved and which the Third District Court ofAppeal tweaked to take out a 20-foot variance was now being changed. The documents that you have in front of you, starting with ExhibitA, was a simple letter to the Zoning administrator saying, hey, listen, you know, we hear things are going on. What's going on? We'd like to know. We're the affected neighborhood, and out of something like All the President's Men, if you saw that film, all I got was denials, and you're not entitled to things, and we don't know. I eventually found out that the Zoning administrator had initiated a nonsubstantial MUSP modification. Now, this Commission, and this Commission only, has the power -- and as elected by its constituents -- to assure that when a Major Use Special Permit is approved, that it is done with all of the criteria being done. What had happened was that prior to October 6, when the circuit court went -- excuse me, the circuit court and the appellate court decided that the variance was out, this developer went into a stealth mode of trying to seek approvals on a nonofficial basis, first, with a height ordinance, some of which you read about today, some of which you've heard already because we had a presentation, and that some of the documents is part of composite ExhibitA that the City Attorney -- and I most respectfully, and I must assure you this already came up in a hearing, and that got stopped flat in its face when we established that with the assistance of City Administration, this developer came in and fried to sneak a height ordinance in front of this Commission, which you're now going to hear the end of on November 8, claiming it was for the good ofMiami when, quite frankly, to the benefit of counsel for the -- for this developer, they admitted on that day when they got caught with their proverbial pants down, you're right, that height ordinance was just for Bayview, so they switched gears to this nonsubstantial MUSP, so what do they do? There is a loophole -- and I won't say it's a loophole -- there's this little thing that permits a Planning director to amend a Major Use Special Permit based on a determination that any changes that were made were nonsubstantial. In fact, I invite your attention to Exhibit G of what I just gave you, which is part of the record, which is her recommendation that the changes were de minimis. Well, de minimis is a word that has a dictionary meaning which means really, really minor. We really shouldn't worry about it, so the Zoning administrator and the Zoning -- and the Planning director have issued a developmental order telling you that what they have given you here is de minimis, and that's the issue here today, but what I'm here to talk about is the -- if it was so de minimis, if it was so ordinary, and it was so plain, why wasn't this done out in the open? Why was it done in a manner that was stealth? There is no notification requirements. If somebody else comes in today and fries to modify a MUSP, no notice requirements needs to get done, if it's done in the nonsubstantial manner that was attempted to be done here. Now, fortunately, Jerin & Associates has a professional architect, has an attorney, and has a zoning consultant that had the ability to come in here, put the gloves on and fight it out, but all through the process, it was a process by which the Zoning administration and the Planning administration used every political trick they could to make sure that when it got to you here, it got to you without any of the considerations before you, so you've now heard now three City ofMiami Page 77 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 reasons why this nonsubstantial MUSP shouldn't be granted. One, you've heard the legal arguments; two, you've heard the technical arguments, and now third, you've heard the political arguments, because what is happening and what is unfolding, and in a previous item, you heard -- one Commissioner here today noted that developers seem to come here, promise one thing, and later on, they do another, and that's what was done here. When they came to you in 2005 -- and for the record, Commissioner Sarnoff was not on the Commission back then, so I'm going to explain some of this. They swore to you what they were doing; I remember. They showed these plans. Oh, we're doing this. This is the biggest thing out of Minnesota. We're doing this. There's going to be these liners with apartment units. People are going to be able to walk around, and they can go to Starbucks and to Kinko's and whatever else is going to be there, and we need these 23 foot floor plates because we're going to get the emergency vehicles up there, which is almost comical, and when you look in some of those documentation, you'll see what -- some of the comments of what the appellate court made, that that was ridiculous. They then came back, and in this MUSP -- and I don't know if this is something that came out on the technical part of it, because I'm not an architect -- they've now shown you that they can live with ten foot clearances instead of twenty-three, so even with the hundred and twenty feet that they presently have now, they can go from four to six floors, and if they ever got twenty more feet, they'd go to more, and it's not about the height; it's about the width. Each ten feet extrapolated out is a foot plate of 156,000 additional feet of retail, which ultimately is what all these changes will go to. The point that I want to make from the political end, from the zoning end is, I was put through a labyrinth that we almost didn't come out of because you have a provision that is dangerous, and it's a -- everything is wrong. I mean, everything that people who object about development in Miami are going to get upset about, because if you permit a nonsubstantial MUSP on this one, maybe we shouldn't be arguing about it because this is so nonsubstantial that it's easier, but there's going to be other people who are going to come here and they're going to get -- wake up one morning to find out that without this Commission's approval, the MUSP that they thought was being built is not the MUSP that was being built, because they don't have the money to hire an attorney, don't have the money to hire a consultant, and they don't have somebody with as loud a mouth and -- was as persistent as I was to get to the truth, and to summarize it up, the developer around October 6 presented a plan; we objected; they pulled it; oops, because we found out about this nonsubstantial MUSP, and they pulled it, and let them come up here and deny it, and later on they submitted another one, and we had to scream and cry to even find out about it, but we found out about it, and they pulled that one, too, and then in February, they submitted the one that is presently before you, that is based on the original Zoning administrator's determination in November, but more importantly, when I raised the issue with the City Manager, the City Manager did what he believed was correct, which was to say hold on and let's take a look at this, and from March 23 to May 9, I regularly met with the City Manager. He heard what I had to say; I heard what he had to say. I heard what his senior staff had to say. There was back and forth on this, and when I raised a certain conflict of interest, which was now made public by the press, one day later that Zoning -- that Planning official signed off on the nonsubstantial MUSP that you had before you and hopscotched even over the City Manager, and that is the chilling, dangerous problem, and you have the ability to right now, today, for three different reasons never permit that the development process in the City ofMiami gets to the point where it's who you know, to direct what is going to happen, because whether it's somebody who lives in a neighborhood that they can't afford a lobbyist, they should know what's going on, and these MUSPs come up to you, they come up to you, and in closing, to summarize, I have and ask that these be put in the record because they're public documents and they have been marked. The article in today's Miami Herald has been marked, and in closing, I don't think it was fair that an impression was made that it was just the Planning director that had been involved in something that shouldn't been involved, because it was more than the Planning director. This was widespread within the Planning Department. It crossed widespread into the Zoning Department, and in closing, I want to thank the City Manager, who, himself was hopscotched because he fried to keep a process open the way that every Commissioner here has promised every one of its constituents that this is government in the open. It's not who you know; it's not who you are, so that is my presentation. It could have been City ofMiami Page 78 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 a lot longer. We've been here all day today, and I know Commissioner Sanchez -- Vice Chairman Sanchez: But thank you. Mr. Cimbler: -- (UNINTELLIGIBLE) wants me out of here quicker than anybody, but -- Commissioner Sarnoff I have a question. What administrator signed off that was not supposed to? Mr. Cimbler: Excuse me? Commissioner Sarnoff What administrator signed off that was not supposed to? Mr. Cimbler: It wasn't the fact that they weren't supposed to. Commissioner Sarnoff Well, that you think had a perceived conflict of interest. Mr. Cimbler: Ana Gelabert had it. It was in the paper today; it's no secret. The whole process was tainted. Commissioner Sarnoff And you want to rely upon the Herald for the reasons? Mr. Cimbler: No, I don't need to rely upon the Herald, and I'm not here to try or indict Ana Gelabert. I'm here to fry and indict the process that permits an influential developer, who has fantastic competent counsel with experience in the City, unlike myself to stealthily move from the second, third, fourth floor all the way to the ninth floor and attempt to effectuate things that are outrageous, and to the people that -- who are watching this on the screen today, they're saying, how is this happening? And Commissioner Sarnoff, you, yourself were indignant when you found out that a developer, not too far up the street on a similar project, had promised things two or three years ago, and then had come back and done something different, so you're here today, and you have three reasons to do it. One, because this is a substantial change, and if it was -- if it wasn't a substantial change, you know what? They would have come here today, and they would have gone through the boards, and they would have gone through departments, and they would have proven to you that it was nonsubstantial. They didn't do it. They fried to do it through the back door, and there was somebody there watching the back door, and the fox was not able to raid the hen house. I thank you for your time. Vice Chairman Sanchez: Thank you. All right. Tucker, are you done -- Pedro G. Hernandez (City Manager): Mr. Chairman -- Vice Chairman Sanchez: -- except time for rebuttal? Mr. Hernandez: -- ifI may? Vice Chairman Sanchez: Okay. Mr. City Manager, you're recognized for the record. Mr. Hernandez: If you give me ten seconds. Obviously, this is a case that has to be judged on its merits, and know you will do that, butt have to strongly disagree with comments made by Mr. Cimbler in which he's accusing the Planning Department of inappropriate behavior in handling the process. I don't want to go much further on this. It's something thatl totally disagree on, and I'll take it up with him. If he's got an issue, he should take it to the Commission on Ethics, to the State Attorney, et cetera, but the item itself is an item that should be handled on its own merits, and I stand behind the Planning Department. City ofMiami Page 79 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Vice Chairman Sanchez: All right. Madam counsel, you're recognized for the record. Before we do that, in all fairness, how much time did the appellant take? Pamela E. Burns (Assistant City Clerk): Thirty-six minutes. Vice Chairman Sanchez: Thirty-six minutes. Madam Counsel, the appellant [sic] side, you have 36 minutes. Ms. Dougherty: Good afternoon, Mr. Chair, members of the Commission. My name is Lucia Dougherty, with offices at 1221 Brickell Avenue, here today with Iris Escarra from my office; Ignacio Garcia and Jeff Weil, who are the principals, as well as George Valcarcel and Gene Kluesner, who is our -- who are the architects with Perkins and Wills, and Juan Espinosa, who's our traffic engineer. This last argument reminds me of the old legal tactic, if you have the law, you argue either the law; if you have the facts, you argue the fact;; and if you don't have either one, you attack the other side, and that's exactly what you just heard today. This project was approved in May of 2005. It was a retail project in the redevelopment area at 17th Avenue and - - 2ndAvenue and 17th street. There are 214 new jobs during construction, 2,500 permanent jobs after construction; it creates over a million dollars a year in taxes. It was unanimously approved by every board that ever has reviewed it, including the PAB (Planning Advisory Board), the Zoning Board, the Urban Development Review Board, and the City Commission, and lastly, the Zoning Board on an appeal of this nonsubstantial amendment. We sought an additional 20 feet in order to accommodate the new emergency vehicles to be able to use the ramp. The zone -- the Third District Court ofAppeals reversed that height variance, which the Zoning Board granted us, because they said you had a reasonable use of the property without the height variance. This nonsubstantial is essentially to bring down the project into conformance with the 120 foot height limitation, which is in a C-2 district, which is the general commercial district, not the C-1 district that we have had controversy about in Coconut Grove. It's in the C-2 district, and it -- and the question is is the changes that we are asking for today, are they substantial or nonsubstantial? The first two items that were raised in the appeal by Tucker Gibbs has been withdrawn. Are these the first two items? Yes, we're going to take these away because these two were withdrawn, so I'm going to go point by point based on his argument. The first one was is this slab, which is the atrium roof does that constitute new habitable space? In other words, it is a canopy that covers mechanical areas, meaning stairs, elevators, and mechanical areas, and you can see it's a very small structure compared to the rest of the roof. They are saying that this is -- because this is a structure and it is over the atrium, that this constitutes new habitable space, and therefore, FAR, and they are also saying it exceeds the height limitation. Again, I'm going to show you it in three different ways. This one, you can see it's just a little tiny canopy on the top, and it again covers this atrium area. This is the old MUSP, and this is the new MUSP, so again, there is a portion of your Zoning Code, which says that in terms of height, height limitations of this ordinance, meaning the 120 feet, does not apply to any roof structures for the housing of elevators, stairways, tanks, ventilation fans, solar energy collectors, or similar equipment, which may be erected to a height -- to the height, nor to a fire -- parapet walls provided that such walls shall not exceed more than five feet above the roof and that -- for the parapet walls, so this atrium is 20 feet above the atrium -- the canopy is 20 feet above the atrium, and by the way, in the old MUSP, it again was 20 feet above, so the old MUSP had 140 foot height limitation, and a canopy 20 feet above it, so nothing has changed, so that's not a substantial change. It's exactly the same as the old MUSP; only 20 feet lower. Okay, the next issue that was raised is this internal wall. In other words, the old MUSP had a complete wall right down here, no fenestration whatsoever, with some landscaping. What Lowe's has asked us to do is put a receiving area here, not a loading area, but a receiving area, and so therefore, this wall is penetrated by two additional entrances, so you can drive in here and drive out. The old loading area is in this location here. It continues to stay there, so the old loading area is in exactly the same position it was and it remains. The only thing we've done is added two additional doors, which, by the way, face the two loading doors that are in Parc Lofts' building, so Parc Lofts -- this is the Jerin door, which is on the same street. In other words, if City ofMiami Page 80 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 you drive down the same sfreet, this is the Jerin door, and our Parc Lofts doors are facing those two (INAUDIBLE). In other words, there are two Parc Lofts entrances and loading to their garage, face the two ones that we've just put in and are in the same location as the Jerin door, so this sfreet here -- there it is -- so the two new additional doors that we have face directly into the Parc Lofts door, so this is not a pedestrian street. This is a service street for both Parc Lofts or Bayview Market, as well as Jerin. This is not a pedestrian street. Commissioner Sarnoff When you say receiving, are you saying a person pulls their car directly in to pick up whatever it might be, a washing machine, dishwasher, or something like that? Ms. Dougherty: Yes. You can pull in here. Now, the building itself goes over it -- Commissioner Sarnoff Right. Ms. Dougherty: -- so all these are two -- just two additional doors. Commissioner Sarnoff But you drive through the doors, like --? Ms. Dougherty: You can drive through the doors, yes, in and out, so -- now, one of the things that they argued is that the footprint is therefore a decreased or moved by more than ten feet in this direction. Well, that would kind of be a ridiculous argument because we have maximum footprints (INAUDIBLE) zoning district, and if you could just open up a door and therefore, reduce the footprint by just opening couple of doors, then you'd have a lot of bigger building throughout the City ofMiami, so again, this door, this door, all it does is internally -- I'm sorry. George Valcarcel: I'm sorry. Just a clarification. These doors back here on the ground floor would only be for Lowe's. The loading area back here that you see in gray would service the rest of the building. Commissioner Sarnoff Which is the same loading area you said as before, but what want to understand is that you have an expectation that people will drive in under an existing roof get loaded up -- let's say it's a big, ugly pick-up truck. Let's just -- Mr. Valcarcel: Not people; only Lowe's loading semis, loading vehicles. Commissioner Sarnoff Well, loading is -- Mr. Valcarcel: Delivering vehicles. We're talking about those back areas. Commissioner Sarnoff Is that receiving for consumers? Mr. Valcarcel: No. That is receiving for the store itself. Go ahead, Jeff. Jeffrey Weil: The Lowe's -- Jeff Weil, one of the developers. Lowe's will receive in the back of the store. That's -- this is strictly for Lowe's, their internal use. It will be secure. There will be no public in the back of that store. The only place the public will receive is in the parking garage, same place -- exact same place it was before, where they can (UNINTELLIGIBLE) receiving lane in the parking garage for Lowe's. Commissioner Sarnoff So then he does have a point then. He's now saying you've moved some of your loading closer to the Parc Lofts. Mr. Weil: No. The receiving for the shopping center was always in the rear of the building. Receiving area was originally here. City ofMiami Page 81 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Commissioner Sarnoff Right. Mr. Weil: Lowe's is -- in every big -box retail store has a back -of -house receiving area. It's -- I mean, that was to change the wall. This is -- the exterior wall was always here. It hasn't moved. The loading area or the service area for the store, their warehouse space, is in the back. Commissioner Sarnoff Do you have a better picture of that? Ms. Dougherty: I do, but let me just point out to you. This is better for Jerin, who is located right here, because he doesn't have every single solitary loading facility right next to him, which is right there, so now it actually breaks it up and has some additional loading, and again, this is a service sfreet because again, the garage entrances for Parc Lofts is right here. The other thing it does is it reduces the size of the building, so we've actually reduced the FAR that we originally had in the MUSP to a smaller FAR, which also reduces the amount of fraffic generated by the project. One of the things that were said is that we changed the exterior liner units of the garage from residential to office, and one of the arguments they made is that well, we've called it accessory office, and therefore, we didn't count it towards FAR and we didn't count it towards parking. That is not true. It is counted both for FAR, as well as parking, and the other thing, too, is that the reason that the City wanted those units is not because they didn't care whether or not it was residential or office; they wanted to make sure you didn't see parking. That's the purpose of having the liner units, so the -- one of the things that he had suggested is that we change the residential to office. The reason for the office units were to cover the garage. They didn't care if they were residential, office, or anything else. We didn't -- by changing them to office, we can assure that actual people are going to be in them because we are intending to have them as our offices, that means the management offices, as well as the offices for the retail store that's are there, but that means that people will actually be in them. We're not leasing them out to people, but we use the fraffic analysis and we use the FAR, and we use the parking analysis as if we were going to lease them out to people. This way we can assure that you will have eyes there; you will have activity, and you will not be able to see the garage. Commissioner Sarnoff Well, according to Gibbs, he said that the office use ancillary was not counted toward the FAR. Ms. Dougherty: Well, he's wrong. That's what I'm frying to tell you. Commissioner Sarnoff You're calling Tucker Gibbs wrong? Ms. Dougherty: Yes, in this particular case; not always. So in this case -- then the other -- the last issue was how did we freat the 17 Sfreet retail stores. In other words, we had five little retail stores that were on 17th Sfreet in the first instance, and the reason we did that is because like most -- like they suggested, most big -box retailers want to have a blank wall. That's their preference. Then the City staff said, well, we're not going to let you do that. We want you the put some individual entrances and fenesfrations on the street, so we did it, but to and behold, when we met with Lowe's, they didn't have a problem with having entrances on the sfreet. That's the reason we have new direct entrances on the sfreet, and this is what it looks like, so we have a better condition. We have a condition where we know that there's going to be activity, and services, and things here, as opposed to potentially five units that don't have anything rented in them. Commissioner Sarnoff But those people are going to be walking into offices that I imagine Lowe's will be using, or is that -- Ms. Dougherty: No. This is -- Commissioner Sarnoff -- an actual --? City ofMiami Page 82 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Ms. Dougherty: -- actually, it goes right into the building. Commissioner Sarnoff To Lowe's? Ms. Dougherty: Right into the Lowe's shopping center. Commissioner Sarnoff So what use are the offices, or where are the offices? Ms. Dougherty: The offices are on the garage liner, so this is the street here, right? The offices are above the street lining the garage. These were never intended to be -- and so they're basically a liner. They were residential at one time. We changed them to offices, but the purpose is to hide the garage, not to ensure that they're going to be residents or offices, and again, these are going to be used by our management office or Lowe's. We aren't going to lease them to the public, but this way you can be assured they're going to be used, and at the same -- Commissioner Sarnoff Are those the ones that are counted towards FAR or not? Ms. Dougherty: They're all counted towards FAR. Commissioner Sarnoff Towards FAR -- Ms. Dougherty: Every one. Commissioner Sarnoff -- and your position, very simply, is a liner is a liner is a liner? Ms. Dougherty: Correct. Commissioner Sarnoff Okay. Ms. Dougherty: And my position also is that that we actually re -- even if they didn't count towards FAR, we have plenty of it, and we didn't, and we actually reduced the FAR in totally, so the traffic generation for the project, assuming that the offices are going to be leased out to the general public and wouldn't be internal trips because we took the worst case scenario, the most conservative route, we actually have reduced the number of trips per peek hour to 1,135 from a maximum before of 1,232, so we actually reduced the number of trips that we -- the facility will be seeing. Is that all? Mr. Valcarcel: One thing with respect to this view over here, which is off on 17th Street, Lucia, that think we just need to add is the City planning -- Ms. Burns: Excuse me. We need your name -- Mr. Valcarcel: -- required -- Ms. Burns: -- for the record. Mr. Valcarcel: I'm sorry. My name is George Valcarcel. I'm with Perkins and Will, the architect. There's actually a very strict -- Vice Chairman Sanchez: Sir, could you repeat your name again? Mr. Valcarcel: Yes, surely. George Valcarcel, Perkins and Will. That whole view over there is required to have planting tables or tables that are going to be used by Lowe's in a very strict fashion. It's intended to put eyes on the street. It's intended to cause activity on the street as people will walk by. As a matter of fact, it was very clearly stated to us that we needed to City ofMiami Page 83 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 continue that condition to activate the street and make it pedestrian friendly. Many of these fronts -- not many, all of these fronts over here are glazed for that relationship, and I just wanted to clarify that. Ms. Dougherty: We're happy to answer any questions. Vice Chairman Sanchez: All right. Any questions? Commissioner Sarnoff I got to be honest with you. My only issue -- Ms. Dougherty: We are going to pass out for the record basically all the documents from the file, including our nonsubstantial and what we presented today. Commissioner Sarnoff My biggest concern is what you call receiving, and it just seems to me you're adding pressure to Parc Loft [sic], and I know you're going to tell me you're spreading the pressure. My experience with big boxes has not been good with their exterior breaking down of cargo, breaking down of material, and they've not been very good neighbors to whoever's around, and maybe Commissioner Regalado's might be very similar, and that's my main concern of what I'm seeing. Is there any way of getting them to agree to go back to the original building, loading, receiving? Ms. Dougherty: I can ask, but we do have Parc Lofts representatives here today, who are supportive of the project. Would you like to hear from them first -- Commissioner Sarnoff Sure -- Ms. Dougherty: -- while I can kind of --? Commissioner Sarnoff -- if the people who own next -door don't mind. Mr. Fernandez: Yeah. While the person who's coming up, Mr. Chairman, Commissioners, you have just been distributed a document twice as thick as that which the other side -- Vice Chairman Sanchez: We could not -- Mr. Fernandez: -- had attempted to introduce into the record. Ms. Dougherty: These are all in the record -- Mr. Fernandez: My -- Ms. Dougherty: -- already. Mr. Fernandez: Well -- Vice Chairman Sanchez: No. Mr. Fernandez: -- it's all been in the record, a whole lot of what's contained in Mr. Cimbler's presentation is also part of the record, because now I've had a time to peruse and maybe two or three things, like a newspaper article, and things like that, were not part of some record in this whole Bayview experience. However, I need to give you the same type of legal advice. If you're going to read it, if you're going to be thorough, you know, if it's not part of your agenda packet, you know, you need to make the decision as to how much weight you're going to give to it; otherwise, it can be proffered into the record. If it's already part of what's in the agenda book, then it's part of the agenda book, and you can all rely on them having read it, but to -- City ofMiami Page 84 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Ms. Dougherty: There is nothing that's not in there. We just made it in a much easier form for you -- Vice Chairman Sanchez: Right. Ms. Dougherty: -- to look at. That's -- everything is there. Mr. Fernandez: If they had it in the agenda packet, they've had it and they considered it. If not - Vice Chairman Sanchez: Mr. City -- Mr. Fernandez: -- I recommend that you -- Vice Chairman Sanchez: --Attorney -- Mr. Fernandez: -- allow them to proffer it. Vice Chairman Sanchez: -- as the Chair, I've made it very clear that under appeal, we will not accept any documents; simple as that. The documents have been placed. Nobody's -- I mean, they can put them here if they want. I mean, they can pick them up afterwards; we're not going to read it. Mr. Fernandez: Okay. Vice Chairman Sanchez: It's just been put on the record that we have not accepted neither side's documents. Mr. Fernandez: But I also need to make the record further clear, because we have been in court once before. I think we may be heading right into court again, and there will be who knows how much of this? The record -- and you need to be clear that while we call this an appeal, this is, in essence, a de novo type of hearing, and while -- all that I'm frying to do is to make sure that the decision you make today is, you know, based on competent substantial evidence that you have had an opportunity to review, and that, you know, said arguments of counsel, expert testimony that has been adduced here, whether adduced before or not, this is still a de novo proceeding -- Vice Chairman Sanchez: All right. Mr. Fernandez: -- and -- Vice Chairman Sanchez: Thank you. All right. I believe you had someone coming up to testify in favor? Jocelyn Bagge: My name is Jocelyn Bagge. I'm a resident of Parc Lofts, at 1749 Northeast Miami Court, and I'm in favor of Bayview Marketplace [sic]. I've lived there for almost two years now, and myself and other members of Parc Lofts are very excited to see the vacant lot go away and for retail to come in and places for us to walk and to shop relatively close to Parc Lofts, so we're looking very much forward to that -- Commissioner Sarnoff And the receiving doesn't bother you, the change and receiving will not affect you? Ms. Bagge: No. Actually, I -- you could see my unit in that picture. I'm right above the parking garage in that structure, and we live in a very urban area, and when you live in a loft, you expect City ofMiami Page 85 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 those types of things around you, whether it's trucks up and down the street. I mean, we live in an urban -- it's not a suburban area, and that's why I bought there, so -- Vice Chairman Sanchez: Thank you. Ms. Bagge: -- thank you. Mr. Fernandez: Mr. Chairman, I understand that they're raising for cross-examination type of question that needs to be made of you. It's appropriate in this type of proceedings to allow questions -- Vice Chairman Sanchez: Of course. Mr. Fernandez: -- directly. Vice Chairman Sanchez: -- but who do you want to cross-examine, the witness? Mr. Gibbs: The young lady who just spoke. Mr. Fernandez: Yeah, the person that just spoke. Vice Chairman Sanchez: Bring her up. Yes, ma'am. You need to come up, and the attorney on the other side's going to be asking you some questions. It's called cross-examination. Ms. Dougherty: I just want to interject something based on what she said. On the other side of this building is a concrete cement batch plant. I mean, that's the kind of neighborhood that they Vice Chairman Sanchez: All right. Ms. Dougherty: -- chose to live in because it's a edgy urban area. Vice Chairman Sanchez: Okay. Cross-examination. Mr. Gibbs: I just wanted to know if -- you actually live in Parc Lofts? Ms. Bagge: Yes. Mr. Gibbs: It's your homestead, and your position, what is your employment position? You're a sales director, I understand, of Parc Lofts? Ms. Bagge. I was a sales director with the developer, and -- Mr. Gibbs: And the Filling Station. Ms. Bagge: -- also the sales and marketing director for Filling Station across the street. Mr. Gibbs: Okay. Thank you. Vice Chairman Sanchez: All right. Next. Thank you. Sir, your name and address for the record. Jeff Stephens: My name is Jeff Stephens. I live at 2393 Keystone Boulevard, in North Miami. I have the privilege of working with the developers since quite early on in the development of Bayview. The old receiving area was wide opened to the outside, on the west end, next to Parc City ofMiami Page 86 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Lofts. This new receiving area is enclosed, which is far better than that wide open with no -- nothing to shield it fi^om Parc Lofts. I'm also the qualifying principal for Filling Station, which is adjacent to Parc Lofts, and own a restaurant, as well as my wife owns a flower store, across on 2nd Avenue. Bayview in itself is meant to be urban, the area, and these changes that we're talking about improve the project, and in no way, in my opinion, change from its original. Vice Chairman Sanchez: All right. Thank you so much. Counsel, you want to cross-examine this --? No? Okay. Thank you. Lucia, anyone else you want to bring up? Mr. Stephens: Yeah. I do not work for Bayview, the development company. I am, like I said, the qualifying principal for Filling Station Construction. It's a subsidiary of the development company. Vice Chairman Sanchez: Okay. Anyone else? If not, counsel, you're recognized. How much time does she have left? Madam Clerk, how much time does she have left? Ms. Burns: Sixteen more minutes. Vice Chairman Sanchez: All right. You're entitled to 16 more minutes. Ms. Dougherty: I have asked our client -- Vice Chairman Sanchez: I hope you don't use them all, but you're entitled to them. Ms. Dougherty: I won't. I have asked our clients if we could do something to alleviate your concerns regarding that area, and one of the things that they suggested is that as a part of security, it's actually probably better to have eyes there with people around there, as opposed to a big, blank wall, and they would be willing to put some sort of a roll -down door that you can see through so when people are inside and to keep it closed when it's not in use, but it's sort of important to have that kind of facility for, you know, a big -box retailer, and we'll do -- you know, we'll work with staff to try to figure out some mechanism to make it as less -- Commissioner Sarnoff Yeah. I just -- Ms. Dougherty: -- intrusive. Commissioner Sarnoff -- want to voice it to you as a concern. I just -- Ms. Dougherty: I know. Commissioner Sarnoff --I still believe, while we may all want to live in an urban area, I don't think we all want to live in an urban unloading area. Ms. Dougherty: I'm with you, but you know what? We had been working very closely with our neighbors, and we will continue to do so. Commissioner Sarnoff And just so we're clear, the Lofts is barely populated right now, so what goes on in the next six months versus what goes on in the next sixteen years can be, you know, very different, butt hear what you're saying. Vice Chairman Sanchez: All right. Madam -- Counselor, you're done? Lucia? Commissioner Sarnoff Lucia? Ms. Dougherty: Yes, sir. City ofMiami Page 87 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Vice Chairman Sanchez: Are you done? Commissioner Sarnoff Yeah, she's done. Ms. Dougherty: Yes. Vice Chairman Sanchez: All right. Tucker, rebuttal, five minutes. Mr. Gibbs: I feel bad because my expert has left the building temporarily to get an answer to one of the questions that was posited, so I will take my five minutes and hopefully, he'll be back so I can give you the answer you all are looking for. In response -- I'd like to object on the record to the public statements made by the last -- not Hs. Dougherty, but the last two people who testified. This hearing is not about urban living, and whether this is a good project. This is about whether this is a substantial modification or a nonsubstantial modification, so I have to say for the record, I have to object to that testimony because it's not relevant to that particular issue. Lucia brought up a couple of issues, one relating to the internal wall, and I think Commissioner Sarnoff discussed it as well, and this receiving area, which is a real major issue, and it's a major issue because it's about storing material; it's about the backing up of forklifts; it's about noise; it's about the smell, and unlike the Home Depot in the Grove, which we are all familiar with, which sells precut wood, in the back of these Lowe's or Home Depots is going to be where they cut the wood with the doors open and the dust flying and the noise permeating back there, so if you don't think that's a substantial change, you got to be nuts. That's a substantial change. That's going to impact the people in Parc Lofts, even those people who are running their businesses illegally out of Parc Lofts. It's going to deal with them, so it's not the same. The issue of the -- I'd like to comment -- a liner is a liner is a liner, and yes, just like a rose is a rose. Unfortunately, that's not what the application for the Major Use Special Permit dealt with. It didn't say you can put any liner up there. It was specific. These people came to you and said we're going to put a residential liner on here. We're going to put it there because we want to have people working and -- working around there, walking on the streets, dealing with it as a pedestrian friendly area. That's why it was residential. Mr. Alvarez, in his PowerPoint presentation quoted from the Major Use Special Permit. That's exactly what it was proposed. A liner is not a liner. You're talking about pedestrian friendly. You're talking about nighttime uses. You're talking about people who live there. Not people who work there, who are not there on Saturdays, who are not there at night, who are not there on Sundays and holidays. Talked about the 17th Street retail stores are gone, and so what? It's a small entrance. An entrance is an enfrance is an enfrance. Well, guess what? An entrance is not an entrance. If you use it as an office, or if you use it -- excuse me, as an entrance into the Lowe's or Home Depot or whatever is going in there, the question is are you all willing to put that as a condition that those doors be unlocked as long as that store is open? Because I can guarantee you, just like Mr. Sarnoff has said in previous matters today, they may promise you those doors -- they may even tell you those doors will be opened, but unless you all put it as a condition, and if somebody will enforce that condition, that promise, those doors will remain shut because Mr. Alvarez is right. The pro forma for these operations is you have one -- you have two access points, and those access points are going to be in the two places where they've put them. It's not going to be on the side. It's not going to be on 17th. The -- this is still a different project. It is clearly a different project. The fact that they're willing to make these changes to the back of that project, to bring that wall in, to reduce the size of that footprint to allow for trucks to be receiving is a massive difference in that project that is going to impact traffic; it's going to impact that neighborhood. For anybody to say that this is a nonsubstantial change, the height, the compatibility, the issue of the liners, the issue of this floor plate moving is ridiculous. This is nothing more than a substantial change trying to be disguised as a nonsubstantial change. I would urge you, please, for the sake of this community and for the sake ofyour Code, and for the sake of the process, to please deny -- to grant our appeal, determine this is a substantial change, and make this project, with its last-minute changes they're presenting to you today, go back to City ofMiami Page 88 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 the Planning Advisory Board; go through the process, and be changed correctly. Vice Chairman Sanchez: All right. Mr. Gibbs: Thank you. Vice Chairman Sanchez: Thank you. There is no after rebuttal. Ms. Dougherty: I know that. I just wanted to -- Vice Chairman Sanchez: All right. No, no. There's none. All right. I don't -- anyone wishing to address this item, it is open to the public. Anyone wishing to speak on the item that have not given testimony before, please step up and be recognized. Seeing none, hearing none, the public hearing is closed; coming back to the Commission. Commissioner Sarnoff, you're recognized for the item. Commissioner Sarnoff I'm going to make a motion to deny the appeal, and I'm going to do so with some -- the following statements and conditions. Vice Chairman Sanchez: All right. Before you do that, can I get a second for the purpose of discussion? Commissioner Regalado: Second. Vice Chairman Sanchez: All right. There's a motion to deny the appeal by Commissioner Sarnoff, second by Commissioner Regalado. The item is under discussion. Commissioner Sarnoff, you're recognized. Commissioner Sarnoff I think the competent and substantial evidence today demonstrates that there have not been substantial changes to this particular building. With regard to the liner, I think you can see that in Miami, there can actually be advantages to having eyes and ears on the street with office use versus residential. If anybody were to actually look at our residential condominiums, you might find that they are occupied at 60 and 70 percentile rates, and I would bet you would find that our offices are occupied substantially higher than that, and if these folks work very hard, they'll probably be there at 9 through 10 o'clock at night, so the liner issue to me, I could actually see the advantage of office use versus the other residential use. The floor plate movement is truly de minimis. I just don't really see a substantial change there at all. The doors remaining open, I happen to agree with Mr. Gibbs. Those doors should remain open because that is part of the project, and that was to allow a certain vibrance to the street, so I will make that a condition of this -- the denial of this appeal. My main issue, and it still remains an issue, and I bring this to you -- to the applicant, is the loading and the unloading on this street, and I know there's -- the arguments that have been made, and it's the only thing that makes me even entertain the idea that it is possibly a competent -- or it is possibly a substantial change. I just -- I'm very concerned that if we allow people to start utilizing the entire stretch as a loading and unloading area, that you will have a different use than might have been intended, and it may be more intense than is intended. The rolling gates, I think, are good start. I don't know that they're the end game because I think if, in fact, wood does get cut there -- and I don't know that it will, and I don't know that Tucker Gibbs knows that it will, but he presents a very visual statement of the wood being cut. It's a concern of mine. I'm going to require the roll -through gates; I'm going to require that they be see -through roll gates so that there can still be a lot of sight line and a lot of views, but I'm going to ask you to go back and think a little harder about what you're about to do to your next -door neighbors, because a lot of times you put a pretty big large commercial establishment right across the street, and I don't care how urban you think you are. The folks in New York City, when they live right next to the meat packing disfrict, before it was called the non -meat -packing disfrict, but they call it the meat -packing district, nobody liked City ofMiami Page 89 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 living right next to a slaughterhouse. Once all the slaughterhouses went away, they were pretty cool places to live, and that happened over a 20-year period, so let's be careful that we don't create a district here that people don't necessarily want to live right across the street from, so with that said, I don't find any of the evidence to appear to competently or substantially demonstrate a change, and I'll ask my fellow Commissioners to join me in the motion to deny. Vice Chairman Sanchez: All right. There's a motion and a second with conditions to deny. It's a resolution. All in favor, say "aye." Mr. Fernandez: Mr. Chairman, before you vote, for the record to be clear, I -- you need to hear Ms. Slazyk restate those conditions, and then she has -- Vice Chairman Sanchez: All right. Mr. Fernandez: -- a comment to make so that the record is complete. Vice Chairman Sanchez: Madam Director, could you put those conditions on the record? Lourdes Slazyk (Zoning Administrator): Yeah. No. I'm just going to read into the record the two conditions so it's real clear. First of all, that the retail doors on 17th remain open during all store hours. Whenever the store is open, they will remain open, and the receiving area will -- they're going to add see -through roll -up doors. Commissioner Sarnoff Correct. Vice Chairman Sanchez: All right. Very good. All right. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Thank you. PZ.11 07-01013zt ORDINANCE First Reading *NEEDS MODIFICATION(S) TO LEGISLATION. 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 07-01013zt CC 10-25-07 FR Fact Sheet.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami City ofMiami Page 90 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 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. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones Vice Chairman Sanchez: All right. Let's move to PZ.11. PZ.11 is an ordinance on first reading. Lourdes Slazyk (Zoning Administrator): PZ.11, we actually discussed. This is the amendment to allow the medical and dental offices on -- in SD-9. Commissioner Sarnoff we discussed this at the last hearing, but the Commission took no action. We put it back on this agenda for a new first reading to discuss a couple possibilities -- if -- as amendments, friendly amendments on first reading, if you would consider for approval. First of all would be, perhaps, a size limitation of 5,000 square feet. The reason that the health clinics and medical offices were a concern in SD-9 was because of possibly attracting a major regional clinic. Smaller doctor's offices and smaller clinics to serve the local population has always been seen as something that's acceptable, so if you were to consider this on first reading with the condition that we add a 5,000 square foot limitation, which I would suggest would be any single practice, whether it is multiple doctors, if they share a reception and waiting area would be considered a single practice, not to exceed 5,000 square feet, and that might alleviate your concerns. Commissioner Sarnoff Yeah. I still have some concerns. I'm going to move -- I'm going to make an amendment to yours, which -- Ms. Slazyk: Okay. Commissioner Sarnoff -- will be 4,000 square feet -- Ms. Slazyk: Okay. Commissioner Sarnoff -- for the moment. Ms. Slazyk: Good. Commissioner Sarnoff I'm going to fry and do some research to find out what the average medical office building is. I just don't want something creeping in here unintendedly [sic] -- Ms. Slazyk: Right. Commissioner Sarnoff -- so for right now on first reading, I'm going to ask that it be 4,000 square feet, and then, believe it or not, Lucia Dougherty had promised me that she would maybe come up with some language that could further restrict this. Ms. Slazyk: Well, the other one that we were talking about just a little bit was probably a -- if you would consider a prohibition that they not be on the first floor of buildings, but there are a lot of one-story buildings, and you don't -- may not want to preclude doctors, so I kind of threw that one out, but you know, I think a 4,000 square foot limitation is a good place to start. City ofMiami Page 91 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Vice Chairman Sanchez: Well -- Commissioner Sarnoff Yeah, and I -- just so you know, I would -- we thought about the no first floor as well, but there's going to be a number of adopted -- adapative reuse places that would work well -- Ms. Slazyk: Exactly. Commissioner Sarnoff -- especially in the MiMo (Miami Modern) District. Ms. Slazyk: Exactly, so I think the size limitation really would curb the concern about a major regional facility, and that's really the big concern. Commissioner Sarnoff Okay. Vice Chairman Sanchez: Well, the biggest concern was the overnight clinics and possibly some - Ms. Slazyk: Overnight is not allow -- by definition -- Vice Chairman Sanchez: Well -- Ms. Slazyk: -- no overnight stay here. Vice Chairman Sanchez: -- but we need -- Ms. Slazyk: Right. Vice Chairman Sanchez: -- to make sure that the language is there, you know. Ms. Slazyk: We can add it. I mean, by definition, it's already not allowed. If there's overnight, then they become a CBRF (Community -Based Residential Facility) or a convalescent facility, and that's a whole different use, but if you want, we can add that too. Commissioner Sarnoff Well, I -- the CityAttorney's -- Ms. Slazyk: Be real quick. Commissioner Sarnoff -- going to pipe in. Ms. Slazyk: Yeah. Jorge L. Fernandez (City Attorney): Well -- yeah. The -- you know, that's building redundancy. We don't need that. Your regulations are very clear. Ms. Slazyk: Yeah. Vice Chairman Sanchez: All right. Okay, so there is a motion on first reading. It's an ordinance. It's been amended to 4, 000 feet; need a -- I believe the motion is -- Commissioner Sarnoff, could you make a motion? Commissioner Sarnoff Yeah. I'll make a motion to approve -- Vice Chairman Sanchez: All right. City ofMiami Page 92 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Commissioner Sarnoff -- the ordinance with the amendment to 4,000 square feet. Commissioner Regalado: Second. Vice Chairman Sanchez: The motion has been second by Commissioner Regalado. Before we open it up for discussion, it is an ordinance on first 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; coming back to the Commission. Once again, it is on first reading. Any other modification -- or any modifications will require this to come back to first reading at a later date, but other than that, there is no discussion at the Commission. Mr. City Attorney, read the ordinance on first reading in the record, followed by a roll call by the City Clerk. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Sanchez: 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 passed on first reading, as amended, 3/0. Vice Chairman Sanchez: All right. PZ.12, it's a resolution. Commissioner Sarnoff I think it's deferred; isn't it? Vice Chairman Sanchez: PZ.12. Commissioner Sarnoff Wasn't that deferred? Vice Chairman Sanchez: Was that deferred? No, I don't -- Commissioner Sarnoff No, I'm sorry. Vice Chairman Sanchez: -- believe so. Commissioner Sarnoff I'm sorry. Vice Chairman Sanchez: All right. PZ.12. All right. Ms. Burns: I'm sorry. PZ.12 was deferred this morning. Mr. Fernandez: Yes. Vice Chairman Sanchez: It was? Ms. Burns: Yes, it was. Mr. Fernandez: Yes. Vice Chairman Sanchez: All right. I apologize. PZ.12 07-01182 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AND City ofMiami Page 93 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 RESTATED INTER -LOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI, THE SCHOOL BOARD OF MIAMI-DADE COUNTY, AND THE COUNTY TO IMPROVE COORDINATION BETWEEN LAND USE AND SCHOOL FACILITY PLANNING; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; AND PROVIDING AN EFFECTIVE DATE. 07-01182 - PAB 09-19-07 Fact Sheet.pdf 07-01182 - PAB 09-19-07 Backup.pdf 07-01182 PAB 10-03-07 Item #2 - 07-01182-ILA.pdf 07-01182 PAB Reso.PDF 07-01180 Public School Concurrency Presentation.pdf 07-01182 CC Legislation (Version 2).pdf 07-01182 CC FR 10-25-07 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 October 3, 2007 by a vote of 9-0. See companion File ID 07-01180. PURPOSE: This will improve coordination between land use and school facility planning. DEFERRED Item PZ.12 was deferred to the Commission meeting currently scheduled for December 13, 2007. PZ.13 07-01180 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY ADDING A NEW EDUCATIONAL ELEMENT AND AMENDING AND ADDING CERTAIN POLICIES TO THE INTER -GOVERNMENTAL COORDINATION AND THE CAPITAL IMPROVEMENT ELEMENTS IN ORDER TO INCORPORATE LANGUAGE TO REFLECT A NEW FLORIDA STATUTORY MANDATE TO IMPLEMENT PUBLIC SCHOOL CONCURRENCY; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-01180 PAB 09-19-07 MCNP Amendments for SB Concurrency- Backup Info.pdf 07-01180 PAB 10-03-07 Item #1 - 07-01180.pdf 07-01180 PAB Reso.PDF 07-01180 Public School Concurrency Presentation.pdf 07-01180 CC Legislation (Version 2).pdf 07-01180 Exhibit A.pdf 07-01180 CC FR Fact Sheet.pdf 07-01180-Submittal-Public School Concurrency Presentation.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami City ofMiami Page 94 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on October 3, 2007 by a vote of 8-1. See companion File ID 07-01182. PURPOSE: This will incorporate new language to reflect a new Florida statutory mandate to implement public school concurrency. Motion by Commissioner Sarnoff, seconded by Commissioner Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Spence -Jones Noes: 1 - Commissioner Regalado Absent: 1 - Commissioner Gonzalez Vice Chairman Sanchez: 13. Was 13 also deferred? Harold Ruck (Planner II, Planning Department): No. Vice Chairman Sanchez: No? Okay. Mr. Ruck: No, sir, it wasn't. Vice Chairman Sanchez: PZ.13, it's an ordinance on first reading. Mr. Ruck: Good afternoon. This -- I'm Harold Ruck from the Planning Department, and we have -- this is first reading for transmittal to the Department of Community Affairs for a DCA (Department of Community Affairs) and State -- 2005 State legislation requirement for school concurrency. Now, in your packets that we've provided, there was a presentation that was given at the PAB (Planning Advisory Board), and we're prepared to give a presentation to you. IfI could say, Vivian Villaamil from the School Board is present, if you wish. Like I said, this is for trans -- Vice Chairman Sanchez: How long would the presentation take? Mr. Ruck: Five, ten minutes. Vice Chairman Sanchez: All right. Mr. Ruck: Okay. Vice Chairman Sanchez: Go ahead. You're recognized for the record. Vivian Villaamil: Thank you. Commissioner Regalado: Mr. Chairman, ifI --? Why defer 12 and move with 13, if both have to do with land use by the School Board? Vice Chairman Sanchez: All right. Good question. Would you like to defer this item? Commissioner Regalado: No. I -- I'm just trying to understand because, Mr. Chairman, yesterday I asked the Manager about these two pieces of legislation, and you know, you -- especially you, with the committee on frees and everyone here on parks and green space, but yet, we have no control, whatsoever, of green spaces in the schools in the City ofMiami, andl tell you exactly. Shenandoah Middle School, of course there is a need for more classrooms because City ofMiami Page 95 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 we are under a mandate. The State Constitution was amended, and we do need more classrooms for less children, and of course, the City ofMiami, it's growing and we need more space, but Shenandoah Middle School, most of the green area has been built by new buildings. Other schools, like Shenandoah Elementary, both in District 4, have also been built out. Most of the parking is gone -- well, all of the parking is gone, so now all the residential area is overflown with the parking of the, you know, employees and teachers, you know. They have to park somewhere, so they park around the neighborhood. The green area is gone. Lucky, the childrens [sic] of Shenandoah Middle School have Shenandoah Park, and they just cross the street and work, but -- and then I was told, well, we don't have any authority, at all, of what is been built on school grounds. We just got a -- several complaints of Kinloch, also in District 4, which construction was still going on, and because of the construction, the fence is not secure, and some people -- some vagrants and -- are coming in and doing drugs next to residential houses, so I understand that we have to send this to the State, but I'd really like to understand if we are really in a mood of cooperation between the School Board and the City ofMiami, or we're just, in theory, approving this and let the School Board do whatever they need to do, so you tell me. Vice Chairman Sanchez: All right. Go ahead with your presentation. Mr. Ruck: Well, we can go through the presentation, yes, but State legislation in 2005 required school concurrency so that the impacts would be dealt with at the time. Commissioner Regalado: Look, I understand the concurrency. I understand that because of the growth, the -- more school should be built. What don't understand is why should we, the residents, should be impacted because of the concurrency, and should the School Board, which, by the way, has a budget of $6 billion, cannot accommodate parking or green areas for the children, and if that's -- if that is an issue that the State Legislature has to deal with, then, you know, we should go to the State Legislature, but I'm not voting for anything of this until and unless I know what is it for the residents, not for the City. Why should the residents suffer the concurrency? You tell me. Ms. Villaamil: First of all, I'd like to address the -- Vivian Villaamil, director for Facilities Planning, and also ex-officio member of your Planning Board. As to your first question, why the interlocal was pulled, the interlocal only has to be passed by resolution, and I defer to your legal counsel to confirm that, but we have enough time for you to consider that on your -- for your December 13 meeting in order to comply with legislation. As to our construction and how we build and why we have to use green space, I am not from the construction department, but assure you I will have questions and answers for you at your December meeting, and I hope to address all the issues that you have. We hope to -- Commissioner Regalado: Okay, then I'll move to defer this to when you bring the -- Ms. Villaamil: But ifI -- Commissioner Regalado: -- answers to the question. Ms. Villaamil: Okay. IfI may respectfully request that you do not do that because this element needs to be -- actually, the whole Comprehensive Plan amendment has to be submitted to DCA so that they can respond with what is called the ORC (Objections, Recommendations and Comments). They have 90 days to do that, which would give the City enough time to implement concurrency by January 1 of next year. Commissioner Regalado: And we just found out this? We just learn about this -- Ms. Villaamil: Well, I don't know -- City ofMiami Page 96 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Commissioner Regalado: -- like yesterday. Ms. Villaamil: Well, I apologize for that, but we've been dealing with this issue since 2005, when we created a School Board of Concurrency Task Force, and we've been frying to get implementation recommendations going so that implementation is a little bit more smooth -- Vice Chairman Sanchez: All right. Ms. Villaamil: -- so -- Orlando Toledo (Senior Director, Building, Planning & Zoning): Vivian, I think also what you should do is also explain to the Commissioner what exactly would happen if this doesn't happen. Vice Chairman Sanchez: But -- Commissioner Regalado: No, no, no, no, no, no, no. Look, this is not about, you know, we are going to be sue or we are going to lose billions of dollars, or we won't be able to walk on the streets if we don't do this because this -- you know, I've been here like 12 years, so this is standard procedure. If you don't do this, you know, sky will fall and everything. It is about the concurrency. It is about the planning. It is about cooperation between the School Board and the City ofMiami. You know, if you need ten more classrooms because you need to downsize the number or you have more students because people have moved or there is a new building that the School Board thinks, well, one children [sic] per unit, or as they say in the Department of Commerce, 2.5 children by family, you just go and build out the site that you have. It's been done -- at least in the district that I represent, it's been done on Kinloch; it's been done -- it's now been done on Silver Bluff Elementary; it's been done in Shenandoah. Green areas have gone, but you know, okay, we have a park in front of the school, so fine. We have good parks in the City ofMiami, and we, the taxpayers of the City ofMiami, are very happy to lend the School Board the parks so children can play because it is our children anyways, but the construction, the parking overflow, the employees, no one is notified. I mean, I was told that they don't even have to pull a permit in the City ofMiami, so we don't even know what is going on with the system, so my point is not that we need to comply with the State or with the State Legislature. My point is that why can we allow -- why we will allow the School Board to continue using their sites with no advice or planning with the City or the residents so they can fulfill their concurrency? That's my point. Ms. Villaamil: Well, ifI can allay your concerns just a little bit. The whole intent of this legislation is really to provide a collaborative or a better relationship with the City. Our five-year plan is now going to be incorporated into your Capital Improvement Plan, which means that you will know what improvements we have scheduled within the five-year period -- Commissioner Regalado: To do that -- yeah, but to do that, you don't need to approve this because this is for the State of Florida. The -- actually, the five-year capital plan of the School Board was something that was approve by the School Board, I think, two years ago, one year ago. Ms. Villaamil: Commissioner, yes, it gets approved on an annual basis -- Commissioner Regalado: Right. Ms. Villaamil: -- and starting next year, it will be incorporated into your Comprehensive Plan as well -- Commissioner Regalado: Right. City ofMiami Page 97 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Ms. Villaamil: -- so we will be meshed into one. In fact, the entire County, with all the municipalities, will be part of a uniform concurrency system. Commissioner Regalado: And that is very nice. I mean, today I found out that the City is endorsing building a high school in -- at Museum Park. I didn't know that, so -- Ms. Villaamil: We have -- Commissioner Regalado: -- that could be part of the new design for Museum Park. Today I found out that the City will be building a high school at the Orange Bowl Stadium. That -- to me, that is something new, but my point still is we have a problem. Vice Chairman Sanchez: All right. Commissioner Regalado: We have a problem, and if we do not recognize the problem -- I mean, have you driven by Silver Bluff Elementary lately? Ms. Villaamil: In fact -- Commissioner Regalado: You should. Ms. Villaamil: Okay. Commissioner Regalado: Have you driven by Shenandoah Middle School? You should. And by Shenandoah Elementary? You should. How 'bout [sic] Kinloch, 43rdAvenue and 2nd Street northwest? You should because of the construction. Ms. Villaamil: I will reiterate my commitment to you that I will look into those issues and respond back to you at your meeting in December, and I will drive by those schools to see exactly what your issues are, and I will do my best to -- Commissioner Regalado: Not on Saturday -- Ms. Villaamil: -- answer those concerns. Commissioner Regalado: -- on a school day. Ms. Villaamil: I'm sorry? Commissioner Regalado: Not on Saturday; on a school day. Ms. Villaamil: No, I'll do it on a school day during school hours. Commissioner Regalado: Okay. Vice Chairman Sanchez: I just have some questions before we allow you to do the presentation. Ms. Villaamil: Yes. Vice Chairman Sanchez: This is required by the State that all cities comply with this by January 2 of-- January 1, 208 [sic], right? Ms. Villaamil: That's correct. City ofMiami Page 98 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Vice Chairman Sanchez: All right, so all the cities have to comply with this? Ms. Villaamil: Yes, and the County. Vice Chairman Sanchez: All right, and what does that mean? Does it mean that the City, before they grant a MUSP (Major Use Special Permit), they have to go in front of the School Board to see the impact that it has? Ms. Villaamil: We are still looking into the details. What it is is that every new residential development will be subject to a review for school concurrency. Vice Chairman Sanchez: Exactly. In other words, as, you know, people move in Miami and there's development, we want to make sure that we have plenty of schools -- Ms. Villaamil: Right. Vice Chairman Sanchez: -- in other words, a seat for every child in our -- Ms. Villaamil: Correct. Vice Chairman Sanchez: -- community. Ms. Villaamil: Unless the development is fully vested, then they just go through the system, and they would not be subject to a concurrency review. Vice Chairman Sanchez: All right, and -- you said that this has to be sent to the State Department of Community Affairs? Ms. Villaamil: To DCA, yes. Vice Chairman Sanchez: And then come back to us for approval? Ms. Villaamil: That's correct, for adoption. Vice Chairman Sanchez: For adoption. Ms. Villaamil: So you will have a second bite at the apple. Vice Chairman Sanchez: All right, but just explain to me -- I think the question that the Commissioner asked is a valid question. Why are we approving this item and not approving the other item today? Ms. Villaamil: Because the element -- I'm sorry, the interlocal is actually the mechanism of which we are going to collaborate. The element is not our element; it's not a School Board element. It's actually your City element as part of your comprehensive development plan, and that is what you are submitting to DCA for review. That interlocal agreement still has a few issues that need to be ironed out. We're working very closely with City staff to make sure that when you do receive it, it's a complete package with no questions or issues -- Vice Chairman Sanchez: Right. Ms. Villaamil: -- attached to it, and that does not require first or second readings. It's simply by resolution, and again, I defer to your legal counsel to confirm that, but that is my understanding, so you would have enough time to consider it at your December 13 meeting. City ofMiami Page 99 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Vice Chairman Sanchez: 'Cause it comes back to us. That's -- Ms. Villaamil: Yes. Vice Chairman Sanchez: -- fine. I got that -- Ms. Villaamil: Yes. Vice Chairman Sanchez: -- part. Now let me ask you. What would happen if for whatever reason, we don't approve this today? Ms. Villaamil: As part of my presentation, there is a penalty section, and the City would be prohibited from approving any comprehensive development plans that would increase residential density. Vice Chairman Sanchez: So therefore -- Ms. Villaamil: You would be stopped. Vice Chairman Sanchez: We would be completely stopped of any development. Ms. Villaamil: For -- Vice Chairman Sanchez: Okay. All right. Ms. Villaamil: -- comprehensive development plan that would increase -- Vice Chairman Sanchez: All right. Ms. Villaamil: -- residential density. Vice Chairman Sanchez: Why don't we do something? Let's maintain the order. Let's allow the director to state what she's got to state on the record, and then we'll allow you the opportunity to proceed with your presentation -- Ms. Villaamil: Thank you, Commissioner. Vice Chairman Sanchez: -- and then we'll vote on the issue, whether we vote it up or vote it down. Commissioner Regalado: Mr. Chairman, can I ask? Vice Chairman Sanchez: Yes, sir. Commissioner Regalado: Has the County approve this? Ms. Villaamil: The County has already gone through their PAB and their first reading. They submitted their entire package to DCA. They received their ORC with their recommendation report, and they will be taking this for adoption at the end of November, I believe, November 27. Commissioner Regalado: So this is like a 90 days process, right? Ms. Villaamil: They submitted about 60 or some days ago. They -- yeah, so they were early in the process because they set the example, if you will, or the model for the other municipalities to follow. City ofMiami Page 100 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Commissioner Regalado: Of the 35 municipalities, how many have not approve this? Ms. Villaamil: I don't know how many have not approved, butl can tell you which ones have already considered it and are moving forward in the DCA process. We have Aventura. We have, of course, the County, as was mentioned; I believe, Miami Beach, North Miami, and I believe, Miami Gardens, but again, I can come back to you in December with a full report as to what the status is of the other municipalities. Commissioner Regalado: So we are not the last one to --? Ms. Villaamil: Oh, no. No, no, no. You're -- Commissioner Regalado: So we got plenty -- Ms. Villaamil: -- on time. Commissioner Regalado: -- of time. Ms. Villaamil: Well, you're on time now, but ifyou -- Commissioner Regalado: Oh. Ms. Villaamil: -- delay this -- Vice Chairman Sanchez: All right. Ms. Villaamil: -- to December, DCA -- Vice Chairman Sanchez: All right. Ms. Villaamil: -- would -- Vice Chairman Sanchez: Ma'am. Ms. Villaamil: -- respond in January. Vice Chairman Sanchez: Okay. Let's go ahead with the exec -- the director, and then we'll go with your presentation, and hopefully, we'll have Commissioner Sarnoff back on the dais, and we'll decide what we're going to do. Carmen Sanchez: Carmen Sanchez, assistant director of Planning Department. Commissioner, what Hs. Villaamil explained is correct. It would essentially stop development when it refers to land use. The reason why we needed to bring it now is because it requires two readings, so we would read it today, hopefully get approval; transmit to DCA and give them an opportunity to review it, and come back with comments. Those comments would then be incorporated into the final version that would be brought back to you for consideration. The interlocal agreement that was attached to the item was essentially in draft form. It spells out procedures, and as you know, each municipality has different procedures. Unfortunately, the School Board has the daunting task of making everything fit;; all the procedures for all 35 municipalities. It's a huge undertaking. We are the largest city. We are the ones who are obviously going to impact them the most because it's the most development, and they are working very, very closely with us to try to accommodate the City in the actual procedures that will be implemented to transmit the information that they need. It's an important element. It's something that will pretty much guarantee that there's enough funding -- and this is coming from the development community -- City ofMiami Page 101 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 to meet the needs of our children, so it's something that was mandated by DCA, but it's something that, obviously, we support. Commissioner Spence -Jones: I just have a -- Vice Chairman Sanchez: All right. Commissioner Spence -Jones: I'm sorry. Vice Chairman Sanchez: All right. Let's go ahead. Ma'am, you're recognized for the presentation. Go ahead with the presentation. Hopefully, we won't -- Ms. Villaamil: Thank you. I'll go as quickly as possible; just really a summary of the 2005 growth management legislation, which requires school concurrency. Just to highlight what that is is that adequate public school facilities will be available concurrent, or at the same time, as the residential development. Again, Miami -Dade County, as a whole -- that means the County and all thirty -some municipalities -- must be in full compliance with one uniform concurrency management system by January 1, 2008, and the way to accomplish that is to amend your comprehensive plans and include the required elements. The penalties, as I highlighted earlier, if you do not adopt this by January 1, you will be precluded from adopting plan amendments which increase residential density. As far as the School Board, we will be sanctioned by the withholding of construction funds. Recognizing the magnitude that was ahead of us, we created a concurrency task force back in 2005. They were charged with coming back to you all with implementing recommendations. We had membership composed of two board members, one representative from the County, two from the League of Cities, two from the Builders Association of South Florida, one from the Latin Builders, and a nonvoting member from the Regional Planning Council. We also had the benefit of members of the task working group, which provided the technical support, and I may add that the City ofMiami was very involved in all those meetings, and they represented the City very well. We came up with recommendations for level of service standards, concurrency service areas, proposed fair share and mitigation options, and of course, the concurrency management system. What we are proposing is a level of service standard of a hundred percent fish capacity or our inventory capacity with portable classrooms by 2013. By the end of 2010 -- and that coincides with the class size amendment -- we will consider the feasibility of a hundred percent of permanent utilization without portables, and the goal of the School Board, and of course, of the entire County, is to be able to be at 100 percent utilization without portables, and that means no portables in grassland, Mr. Regalado -- or Commissioner Regalado -- by year 2018. That is our goal and your mutual goal, if you adopt this. Commissioner Regalado: But can I ask you? Ms. Villaamil: Yes. Commissioner Regalado: Okay, the five-year capital plan is not fully funded yet, right? Ms. Villaamil: The first year is what's fully funded -- Commissioner Regalado: Right -- Ms. Villaamil: -- but it has -- Commissioner Regalado: -- but -- Ms. Villaamil: -- been determined financially feasible, and DCA has just indicated that it is financially feasible. City ofMiami Page 102 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Commissioner Regalado: You need to issue bonds -- Ms. Villaamil: No. Commissioner Regalado: -- in order to -- Ms. Villaamil: No. Commissioner Regalado: -- either -- well, you have -- you're working on different scenarios because I do follow the School Board. Raise the development impact fees, double, triple -- Ms. Villaamil: In some cases, it's triple; in other cases, it may -- Commissioner Regalado: Right. Ms. Villaamil: -- be lower. Commissioner Regalado: Okay, or issue a bond issue to the voters. Ms. Villaamil: But ifI may clarify. We're talking about construction dollars here. Commissioner Regalado: I understand. Ms. Villaamil: The capital plan includes other things -- Commissioner Regalado: I understand -- Ms. Villaamil: -- like deferred maintenance. Commissioner Regalado: -- but the five-year capital plan is not fully funded. That's -- Ms. Villaamil: If you include all those other sections for deferred maintenance, you're absolutely correct. Commissioner Regalado: Okay, so -- Ms. Villaamil: We are funded for the first year for capital construction. Commissioner Regalado: Now every time that every city needs to do a major project, have to submit to you, so if you don't send a letter of concurrency, a permit cannot be issued, but what is the time -- something that I don't understand. The time difference -- suppose that we submit to you the project that just -- you know, the Loews project -- Ms. Villaamil: Oh, that -- Commissioner Regalado: -- but instead of doing loft -- Ms. Villaamil: -- I have this -- Commissioner Regalado: -- we do condos -- Ms. Villaamil: Okay. Then -- Commissioner Regalado: -- but that won't be built until three years from now. City ofMiami Page 103 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Ms. Villaamil: Yes. Commissioner Regalado: We don't know if you're fully funded to -- for a school next to this building in three years. Ms. Villaamil: It's a paper trail. The law requires that we assure that construction of a facility that is needed for that development be constructed within three years, but it very well could be that there is capacity in that area and there's no need for any other mitigation, and they would be reserved for concurrency capacity for up to six years, so the -- it doesn't look that bad. If you would let me continue, I'll show you how the shifting works, and it's a very detailed presentation, but again, I'm frying to go as quickly as possible. The way we measure concurrency is through concurrency service areas, and we have chosen for those service areas to be the actual school boundaries with the schools of impact. If there is no capacity at the schools of impact, the law allows us to shift the impact to adjacent schools, and I will show you how that works. To give Jose De Diego as an example, if a development were to come in and the middle school that would serve that development would be Jose De Diego, which is number four on the slide, that school is right now at 87 percent capacity, so that development would have capacity at that middle school level, but assuming that there is no capacity at Jose De Diego, again, the law allows us to shift and look at the adjacent schools to see if there is capacity, so if we look up to -- in the map, number two, which is Miami Edison Middle, they do have capacity, and ifyou look at the other ones, number five has capacity, which is Shenandoah Middle, which is at 92 percent. The only one that's not showing capacity is Citrus Grove, at a hundred and eleven percent, so the developer would really have a lot of options to seek capacity and would not be closed out from developing in this scenario. We also calculate by minor statistical area. In other words, we convert unit count to a generation multiplier to determine how many students would be generated by unit. I refer you to MSA (Minor Statistical Area) number 5.3, which is at the bottom of the chart, and we look at multifamily, and basically, by census, we say that multifamily generates .20 students per unit, so it would take five units to generate one child, so that's just to give you an idea that it's not one child per unit or two child [sic] per units, but we actually look at the census and actual numbers per MSA, or per minor statistical areas. Are we clear? Because I'm looking at confused faces. Commissioner Sarnoff I'm trying to decide does that mean that condo dwellers are having more children or less? Ms. Villaamil: It's less. It's less. It's less, and it has been confirmed that, in fact, the condo dwellers are -- have less kids than a single-family home. All right. If there is no capacity at any of the levels, the development can still move forward -- Commissioner Regalado: But how 'bout [sic] if they rent? Ms. Villaamil: I'm sorry? Commissioner Regalado: How 'bout [sic] if the condo are renters? Because, you know, we've seen in the paper now that you have condo developers that cannot sell their units, and they're going for rental, and then you have people with family that -- Ms. Villaamil: Right. Commissioner Regalado: -- come and rent that, but renters cannot be considered as permanent residents. Ms. Villaamil: No, but for census purposes, they are taken into account, so every five years, we do a full study, and those numbers are amended through the County, actually, so we do look into City ofMiami Page 104 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 that. We fry to catch everyone, so again, if there is no capacity at the schools, the developer is able to mitigate either by money, a contribution of the full capital cost for a planned project, by donating land, by constructing, building a planned project, by combining the dollars and the construction, or through mitigation banking, which is a form that is now used by WASA (Water and Sewer Authority) and DERM (Department of Environmental Resources Management). The developer also has the option to phase his project. He can wait for capacity to actually be on line before he builds, but if none of those conditions are met, then the development will stop until there is concurrency. We will give a credit for any impact fees that are paid towards that project. The element that's before you is required, again, by law. We tried to come up with a model element for all the municipalities in the County to follow. We got a DCA grant for that. We distributed the template, and as I explained earlier to Commissioner Regalado, the County has submitted their element, and they have gotten back their ORC report from DCA, which, by the way, they had minimal concerns that have been now fully addressed. The element -- the goal is a rather good goal, and it's to develop, operate, and maintain a system of public education by Miami -Dade County Public Schools in cooperation with city and other governmental agencies, which will strive to improve the quality and quantity of public education facilities. The objective is to work towards the reduction of overcrowding while striving to attain an optimal level of service, and another objective is to continue to develop programs and opportunities to bring the schools and communities closer together. I highlight a recent newspaper clipping where the superintendent has worked very closely with the Mayor of your city to come up with student education future incentives, and we've been working very closely with the City, and we commend the City for stepping up to the plate and serving as a model for all the other municipalities. We are currently working on a GIS, or Geographic Information System, to actually monitor and manage this concurrency service area. As I reflected before, the effect on Miami is that now all new residential unit applications must be reviewed for school concurrency. We will be providing capacity reservations for up to six years, unless a mitigation agreement states otherwise. There will be projects that are exempt; those that generate less than one child, which is one unit -- basically, a home will generate less than one child; developments that already have covenants. There have been several developers that have stepped up to the plates and have proffered covenants -- Vice Chairman Sanchez: right. Ms. Villaamil: -- to the School Board; those will be exempt, and then we have those projects that are vested because they received final plat approval or full approval prior to December 31 of this year. Your next steps, of course, is to, I guess, vote favorably for this comp plan amendment; move it forward to DCA; receive and respond to their comments, and then adopt your comp plan along with the interlocal by December 31 of this year. Vice Chairman Sanchez: All right. Thank you so, so much. All right. Is there a motion? Ms. Burns: Excuse me, Mr. Chair. Vice Chairman Sanchez: Yes. Pamela E. Burns (Assistant City Clerk): I have an original motion to defer by Commissioner Regalado. Vice Chairman Sanchez: Well -- Commissioner Regalado: But it wasn't second. Vice Chairman Sanchez: It wasn't second. Yeah. Commissioner Sarnoff So move. City ofMiami Page 105 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Vice Chairman Sanchez: Well -- Commissioner Regalado: Question. Vice Chairman Sanchez: Wait. Whoa, whoa, whoa, whoa, whoa, whoa. Do we need a motion and a second, and then we discuss it? Is there a motion? Commissioner Sarnoff So move. Vice Chairman Sanchez: Motion is made by Commissioner Sarnoff. Commissioner Spence -Jones: Second. Vice Chairman Sanchez: Second by Commissioner Spence -Jones. The item is under discussion. Commissioner Regalado, you're recognized. Commissioner Regalado: Question. The County plan, is it countywide or just for unincorporated area? Ms. Villaamil: The County element is just for unincorporated areas. That's why each municipality has to file their own comprehensive plan amendment including the element. Commissioner Regalado: And -- Ms. Villaamil: It's a uniform -- I think you're concerned because it has to be a uniform document. It has to have all the -- Commissioner Regalado: No, I -- Ms. Villaamil: -- requirements of the law. Commissioner Regalado: -- understand that, but what I don't understand is that you're saying that most of the municipalities have not acted on this yet. Ms. Villaamil: They're in the process of acting. They're going through -- Commissioner Regalado: What is the process? Ms. Villaamil: First, going to their Planning Advisory Boards. Most of them go first -- like we went twice. Most of them are going through that phase. I already -- Commissioner Regalado: But they won't make the deadline then. Ms. Villaamil: Some have a different timeline. Some only go to PAB once. The County had to go twice to PAB and twice to Commission, so they had to start earlier because their -- Commissioner Regalado: No, and I understand that. I just want to understand what I'm doing here because, as you know, some municipalities, small, only meet once a month. We are in October, then there is one meeting in November, then there's one meeting in December. It has to go through the process, as you say, so it would be very difficult for some municipalities to get on the January 1 deadline, and I just want to understand what is wrong with this picture. If it's a state law -- Ms. Villaamil: The only thing I can respond is that notice has been given by DCA, by the School City ofMiami Page 106 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Board. I mean, we came out with this task force back in 2005. We've been working closely with most of the municipalities, and I think simply they were waiting to see what the County submitted and what the County got back from DCA. I think everybody was just waiting for that so that they can then file and move a little quicker through the process. Commissioner Regalado: So what is our delay? Why couldn't we done this six month ago? Ms. Villaamil: Because we weren't ready, Commissioner. It's -- what you see here is a quick overview. The details are so massive that it took us this long to actually get consensus from all these -- Commissioner Regalado: The County -- Ms. Villaamil: -- local governments to move it forward. Commissioner Regalado: -- has 575 square miles; the City, 45 square miles, so the County -- you're telling me that the County was able to went ahead everyone, 90 days, and we weren't able to do it? I -- Ms. Villaamil: Well, I think -- Commissioner Regalado: -- doubt that. Ms. Villaamil: -- maybe they -- what -- I'm trying to understand your concern, but -- Commissioner Regalado: No. My concern is why do we have to do it under the gun. If you don't do it today, we're done. Ms. Villaamil: Well, I think really the ultimate decision is the Commission's. I -- Commissioner Regalado: No, of course. I mean, I'm just saying. Ms. Villaamil: -- you know, I think -- Commissioner Regalado: I just want to understand why the delay in coming this or briefing us and having this presentation. Ms. Villaamil: Well, I can -- Commissioner Regalado: I just want to under -- Ms. Villaamil: -- tell you we were a little delayed taking it to PAB because I had back surgery and I was out for a while, and I was unable to take it to PAB. We finally were able to take it in September, if that's any consolation or excuse. I don't know what to tell you, other than we've been working very hard, all of us, to try to get this in an acceptable form to the Commission. Vice Chairman Sanchez: Vivian, let me just say that this is something that's way overdue in our city. I mean, we have been addressing this issue for many, many years when we talk about our schools, one, being overcrowded; two, as the Commissioner stated, a lot of our schools are being overly built to meet the capacity, and therefore, there's never been any type of studies or any type of implementated [sic] laws to make sure that when people move in a neighborhood there are seats for those kids in their neighborhood and the impact and the burden doesn't fall on the government, but falls on the developers in this case to help provide money for the educational system and to help us build our schools, so I support this, and I think that all we need to do -- it's a resolution, so all we need to do is just vote on this. It's a resolution. City ofMiami Page 107 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Ms. Sanchez: It's an ordinance. Ms. Burns: It's an ordinance. Vice Chairman Sanchez: It is an ordinance. I apologize. No. The second one is a resolution; the first one we deferred. That's an ordinance on first reading, right? Ms. Sanchez: The interlocal was a resolution. This is an ordinance. Maria J. Chiaro (Assistant City Attorney): This is an amendment to the comprehensive plan element -- Vice Chairman Sanchez: So it's an ordinance? Ms. Sanchez: It is an -- Ms. Chiaro: -- and it is an ordinance on first reading, yes. Vice Chairman Sanchez: Okay, an ordinance on first reading. It's been discussed. Anyone from the public wishing to address this item, please step forward and be recognized. Yes, sir. Saul Cimbler: Just real quickly. I've -- you may have seen me here before today. Vice Chairman Sanchez: No. Mr. Cimbler: For the record -- Vice Chairman Sanchez: I don't recognize him. Mr. Cimbler: -- Saul Cimbler, and I'm not going to speak for 30 minutes. I have a son who attends school at Coral Way Elementary, which is in Commissioner Sanchez's district. I'm a member of the PTA (Parent-Teacher Association). In fact, Commissioner Sanchez is a legend there because he supports the PTA like every Commissioner here does. There is now in that area - - because it's in Little Havana -- an incredible amount of large projects that are coming in; some of them, they're saying they're rentals; some of them saying they're condominiums. I'm not sure it makes a difference. Renters have kids. Coral Way Elementary is one of the schools who - - which is receiving money to be kind of rebuilt. It's an old school from the 1920s, so I would urge the Commission to do anything that's necessary to make sure that this concurrency requirement hits and hits quickly because, if not, you're going to have schools that -- which Coral Way, although it's an incredible school -- I'm proud that my son goes there. The administration is incredible -- is going to be in a crisis pretty soon because there are thousands of condo units coming up in Little Havana, and all those kids are going to end up going to Coral Way Elementary, so we're going to have to see Commissioner Sanchez out there on Saturday, like we do, cutting frees and planting trees, and he may be having to direct traffic because it's going to get so bad over there, so I urge you, as a parent of a student who's going to be affected in that area, to please get this going and get it going quickly. Vice Chairman Sanchez: Thank you. All right. Anyone else? The public hearing is closed. It's an ordinance. Read the ordinance, and then followed by a roll call. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Ms. Burns: Roll call. Commissioner Regalado? City ofMiami Page 108 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Commissioner Regalado: No. Ms. Burns: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Burns: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Burns: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Burns: The ordinance has been -- has passed on first reading, 3/1. PZ.14 07-00529mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE ELEMENT 1 & 2 PROJECT, TO BE LOCATED AT APPROXIMATELY 601-21 NORTHEAST 30TH TERRACE, 525, 601, 615, 621, 629, 637, 645 NORTHEAST 31ST STREET AND 540, 550, 590, 600 AND 608 NORTHEAST 32ND STREET, MIAMI, FLORIDA, TO CONSTRUCT TWO RESIDENTIAL STRUCTURES OF APPROXIMATELY 549 FEET, 51 STORIES AND APPROXIMATELY 226 FEET, 20 STORIES IN HEIGHT TO BE COMPRISED OF APPROXIMATELY 413 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; AND APPROXIMATELY 645 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 109 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 07-00529mu - PAB Item 4 backup information.pdf 07-00529mu PAB Reso.PDF 07-00529mu CC Projects in the Vicinity.pdf 07-00529mu CC Legislation (Version 2).PDF 07-00529mu Exhibit A.pdf 07-00529mu Exhibit B.pdf 07-00529mu CC Fact Sheet.pdf 07-00529mu Outside Cover.PDF 07-00529mu Inside Cover.PDF 07-00529mu Table of Contents.pdf 07-00529mu Project Information.PDF 07-00529mu Letter of Intent.PDF 07-00529mu Major Use Special Permit Application.PDF 07-00529mu Zoning Write-Up.PDF 07-00529mu Zoning and Land Use Maps.PDF 07-00529mu Project Data Sheet.PDF 07-00529mu Deed - Computer.PDF 07-00529mu Ownership List.PDF 07-00529mu State of Florida Documents.PDF 07-00529mu Directory of Project Principals.PDF 07-00529mu Project Description.PDF 07-00529mu Supporting Documents.PDF 07-00529mu Minority Construction Employment Plan.PDF 07-00529mu Traffic Impact Analysis.PDF 07-00529mu Site Utility Study.PDF 07-00529mu Economic Impact Analysis.PDF 07-00529mu Survey of Property.PDF 07-00529mu Drawings Submitted.PDF 07-00529mu-Submittal-MUSP Letter for Element Project.pdf 07-00529mu-Submittal-Element I& II Massing Analysis.pdf LOCATION: Approximately 601-21 NE 30th Terrace, 525, 601, 615, 621, 629, 637, 645 NE 31 st Street and 540, 550, 590, 600 and 608 NE 32nd Street [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of BCRE Element, LLC f/k/a CG Miami Partners II, LLC and CG Miami Partners III, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended denial due to a motion to approve with conditions, which failed, constituting a recommendation of denial to City Commission on July 18, 2007 by a vote of 3-3. *See supporting documentation. PURPOSE: This will allow the development of the Element 1 & 2 project. City ofMiami Page 110 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-07-0620 Commissioner Sarnoff All right. We have PZ.14. Roberto E. Lavernia (Chief of Land Development, Planning Department): PZ.14 is a Major Use Special Permit for Element 1 and 2. It's going to be located at 525, 601, 615, 621, 629, 637, 645 Northeast 31 st Street and 540, -50, -90, and 600 and 608 Northeast 32nd Street, Miami. It's going to be a residential building with a total of 413 residential unit, 650,963 square feet of residential floor area with a height of 549 feet. The Planning recommendation is approval with conditions. The condition is related to design, and I'm going to read it to the records. Pursuant to design -related comments received by the Planning director, the applicant shall meet the following conditions: (a) Provide final design and details of the proposed piazza between Element 1 and 2 for review and approval by the Planning director prior to the issuance of the building permit;; (b) Blanks [sic] wall are not acceptable, design and details are required for review and approval by the Planning director prior to the issuance of a building permit; (c) Clarify what materials are to be used to screen the garage on the north elevation; (d) The pedestrian sidewalk realm shall remain at consistent height throughout. Vehicles shall rise to the sidewalk level with ramping beginning at the outer edge of the curb, with the ramp slope being the maximum allowed by Public Works; (e) The Design Review Committee encourage the applicant to provide a better treatment on the facade along Northwest [sic] 32nd Street in order to enhance the pedestrian experience. Consider providing a liner of habitable space as a solution; (f) Material to be used in all elevation of the building, including window, balconies, and garage screening must be reviewed and approved by the Planning director. Thank you. Commissioner Sarnoff Go ahead. Lucia Dougherty: Good afternoon, Mr. Chair, members of the Board. Lucia Dougherty, with offices at 1221 Brickell Avenue, here today on behalf of the owner and applicant, Marathon Realty, and this evening joining me is Jared Mintz, as well as Doug Brout from Marathon, and Iris Escarra, from my office. Also with me is Jim Scott and Peter Thomas, who are the architects. Jim Scott is a Charleston architect in concert with Peter Thomas. You may know them because they are the architects of Swire Development and have done nine buildings on Brickell Key. Also with me is John McMillians [sic], who's a traffic engineer, and Matt Bukolt, who is our landscape architect with Kimley-Horn. This is a Major Use Special Permit in the Edgewater area. Just to orient you, this is 30th Terrace, 31 st and 32nd, and of course, Biscayne Bay. Recently you approved a Major Use Special Permit here called the -- Unidentified Speaker: Edgewater. Ms. Dougherty: -- Edgewater. Now the interesting thing about this project -- and I think that the reason whyl think that you would be delighted and the reason why some of our neighbors are very delighted is because there was a Class II Permit for a project at this location on the site, and at this location the project was parallel to the water 50 -- I mean, 75 feet away. The way that we have now designed the project, the building itself is a semicircular building that is pushed away from the bay 155 feet at its closest point. We have also done some other things from the Major Use Special Permit, and why we have a Major Use Special Permit from the Class II that we had before is because we added this new site. That's the reason we've broken the threshold for a Major Use Special Permit, so we have taken a project that was basically on the water, parallel; pushed it away from the site, and for that reason, we have the support of our neighbors here, who are the condominium owners, and the owners have a much better view City ofMiami Page 111 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 corridor than they had before. We've met with Carmen Concepcion and her attorney, Tucker Gibbs, who was here earlier and authorized me to say that they are in support. We also have the support of the neighborhood association, and Joel Rodriguez from that neighborhood association was here all morning and he could not return. This -- to orient you, this is the Village, which is a drug rehab center. They are also supportive of the project, and this is the -- currently the way the streets look. In other words, this is 30th Street right now, which is this street here, and we are building, by the way, the bay walk all the way down from the front. We are opening this area up on 31st Street, which is currently this street, and we'll have the architect describe what they have done in terms of opening up this entire vista for the project, as well as the landscaping that would be provided here, and of course, 32nd Street is now heavily landscaped with town house development on a three-story project garage here and a five -story garage here, so the only tower element is this -- in this little area here, and as you know, this is a -- Edgewater area is a very high -density neighborhood, and again, the association has supported this project and as well, we have done an analysis as to what -- this -- what could be built under Miami 21 versus what we could build here today. Under Miami 21, we have a project that could be 672 feet in height, and this project is 549 feet. We have a project that could be 15--1,500, 000 square feet with the garage. We have a project which is 885,000 square feet with a garage and 650,000 without a garage. There are other projects in the neighborhood which I don't have to tell you have been approved and/or under construction. Again, these are our two projects, and you'll get to see them in architecture in just a second, but these are all the projects in the neighborhood that have been approved, and again, we are not asking for any rezonings or special exceptions or variances. This is a totally as -of -right project. Commissioner Sarnoff Where did you say there was a --? You said that something was being built right in front of you. Ms. Dougherty: Oh, yes. You approved, and probably within the last six months, a project right here called Edgewater. Commissioner Sarnoff And what size is that? Ms. Dougherty: You may recall this was the one that you required an additional floor of parking. Unidentified Speaker: Four hundred and eighty-two. Ms. Dougherty: Remember this one? Commissioner Sarnoff Yes. Ms. Dougherty: And it's 482 feet in height. We also have the support of the owners of that project, Savoy Development Company, which Iris is going to pass out to you. The garages, as you know, are, as you can see, lined. We have internal loading. We have shoreline walkway connection, and it's the same landscape architects that did the Edgewater project that we are connecting up and having consistent landscaping all along the water's edge with the same landscape architect, which we'll have them come and provide that for you. Again, we have 765,000 square feet are permitted under our Major Use Special Permit. We are only proposing 650,000 square feet, and again, as I mentioned, you could have over a million square feet in -- under Miami 21. We are also proposing to have 179 additional parking spaces over that which is required. One of the things that came up at the Planning Advisory Board was they had asked that how do we know that you can consfruct this project and be sensitive to the neighbors. In other words, how do you consfruct a project and not trouble your neighbors. Well, these two architects are abso -- they have gotten this down to a science because they are the ones who have built nine buildings on Brickell Key in the context of other buildings already being there, so if anybody can do that, these two architects are masters at that. Then the other time that we -- City ofMiami Page 112 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 we were at the hearing when you approved the Edgewater project, and at that time you had a concern about fraffic, and one of the issues that came up -- and I know Commissioner Sanchez, you said, you know, what are we going to do with this neighborhood with fraffic. We did a traffic plan that was reviewed by your traffic planners, URS (United Research Services). We have to pay them $7, 500 to review our traffic plan. They said it was sufficient, but we've gone beyond that because we heard what you said at that hearing, so we asked our traffic planner to look at what's the issue out there and how can we make it better, and the fraffic planner said, well, right now there is no issue because there's no fraffic in the neighborhood, but if all of these projects were approved, you won't have problems getting into the neighborhood; you're going to have problems getting out of the neighborhood and making basically left-hand turns onto Biscayne Boulevard, so I asked him -- or we -- the client asked him to come -- to make a -- tell us what he can do to solve those problems in the future and how would we go about paying for them, so he's going to present to you three options -- three different intersection problems. This is over and above which we had asked -- we were asked to do, and what I'm asking -- what we have asked him to do is to look at these intersection improvements -- this is not in your book -- over and above that, and if you want them, meaning the City, if you want one of them done, we can do that; if you want both of them done, you can do that; if you want all three of them done, you can do that. If you don't want any of them done, we'll give you the money, so here is our traffic engineer to explain what he believes could make a better situation for this neighborhood today or in the future. John McWilliams: Thank you, Lucia. Good evening, Commissioners. As Lucia mentioned, I was tasked with looking at -- sorry. Pamela E. Burns (Assistant City Clerk): Excuse me. We need your name -- Vice Chairman Sanchez: Name -- Ms. Burns: -- for the record, please. Vice Chairman Sanchez: -- and address. Mr. McWilliams. I'm sorry. John McWilliams, with Kimley-Horn and Associates, offices at 5100 Northwest 33rd Avenue, in Fort Lauderdale. We were asked to look at the fraffic circulation patterns for this project as they entered Biscayne Boulevard, specifically in the AM peak hour, and llistened to you, Commissioner Sanchez, when we spoke about Edgewater in terms of how are these folks going to get out in the morning, and these folks have access to four different roadways to Biscayne; 29th, 31 st, 32nd and 33rd, and there are traffic lights at 29th and 33rd. All these roadways have the same or very similar cross -sections. They have parking on -- parallel parking on each side of the street, and then they have wide -- two wide drive lanes on an east and westbound direction, and what we found that we could do -- and this would really help in the morning -- is because we had some existing wide pavement, is we could actually create a second exiting lane towards Biscayne, which, in this depiction -- this is 29th Street. We actually assigned -- we created an exclusive left -turn lane, and then the through and the right -turn movement would be in the northernmost lane, so that if someone's going to make a left -- we can actually store two or three vehicles here -- if they're making a left to head towards downtown, someone who's headed further west or headed north won't be delayed by that person, and it actually helps with folks making right turns on red, so we're able to accomplish this within the existing right-of-way with just some minor widening to the north in this location. The green shows the proposed area, and then the hatching, which I'm sorry -- it's somewhat of a detailed drawing -- shows the area in which we'd have to widen, and we wouldn't be moving the sidewalks any further back. This would just be within the existing envelope of the road -- so this is 29th; this is 31st;; the same situation. In this case, we didn't have to widen the cross-section much at all because the pavement width there is actually 34 feet, so we were able to work with that, and 31 st is not signalized, and then 33rd is signalized, and we were able to accomplish City ofMiami Page 113 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 three lanes out, and we feel -- this is a situation -- like Lucia said, there's not an existing problem. There will be some existing challenges if all the committed development along these streets does actually get built and occupied, and we feel that we're frying to be good neighbors and actually, you know, improve the situation and not ignore it, so I'd be happy to entertain any specific questions you have on these improvements, on how we arrived at them, the cost, anything you'd like to talk about. Ms. Dougherty: One of the things I wanted to ensure you that we will build them, all of them; we'll build one of them; we'll build two of them and/or we will donate the money to you, which we anticipate it will be about two hundred and -- Mr. McWilliams: Two hundred and eighty-five thousand dollars. Ms. Dougherty: -- to make the improvements if you want to do them. With that, I'd like to have our architects, Jim Scott and Peter Thomas, make a presentation on the architecture and the site planning. Vice Chairman Sanchez: All right. Just out of curiosity, how many are in opposition? Just one? All right. Okay. Jim Scott: Hi. I'm -- good evening. I'm Jim Scott. I have office -- ofJ. Scott Architecture, offices in 42 Society Street, in Charleston, and 501 Brickell Key Drive on Brickell Key. Peter Thomas: And I'm Peter Thomas, Thomas and Calzadilla, and our office is at 2401 Northwest 7th Street. Mr. Scott: The positioning of the buildings was of keen interest to us in that we wanted to do something that we felt was in a way nautical, suggestive of the sails of a sailboat, but also by using the curve, we were able to open up the view corridors for our neighbors to the south and to our neighbors to the southwest, so Element 1 actually begins going east, and then it bends to the northeast, and it stops, as Lucia said, 155 feet from the water. Element 2 does almost parallel; follows 31st Street going east, and then it bends and runs northeast, and the reason we kind of bend this one -- this building was that Northeast 31 st Street is our major view corridor, and what we wanted to do -- we were developing a park at the end on the water, and as you drove east on 31 st, we wanted to open up the vistas so that we'd have better views and also we actually cut away the lower four stories of Element 1 in this section here so that as you drove down, you actually could see southeast and southwest, as well as east. Ms. Dougherty: Would you show them the prospectus or the elevations of this area here? Mr. Scott: Certainly. This would be the view corridor looking down 31 st Street, and you'll see where the building has been cut away to enhance the views to the southeast and also to allow the sea breezes into the park, the public park at the end of 31 st Street. Ms. Dougherty: And just to orient you, this is this area here. Mr. Scott: This shows Element 2, looking from the park back down 31 st Street, and we're trying -- what we're frying to do is open a large public area. Ms. Dougherty: So you're looking here going (INAUDIBLE). Commissioner Sarnoff What is -- what's public? Which part of that is public? Anything by the water is public? Vice Chairman Sanchez: Yeah. City ofMiami Page 114 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Mr. Scott: This portion here is public and the bay walk. Mr. Thomas: Just to add a couple things to what Jim was talking about -- Vice Chairman Sanchez: Sir, name and address. Mr. Thomas: I gave it earlier, but it's Peter Thomas, 2401 Northwest -- Vice Chairman Sanchez: Just want to make it easier for the Clerk. Mr. Thomas: Okay. It's 2401 Northwest 7th Street, Miami, Florida. Again, what we have done here is we have worked very closely with both the Public Works Department and the neighbors, as well as the Planning Department to develop what we think is a substantial improvement to the neighborhood and incorporate some of the design features that they want, so we have taken a parking garage, which is under this building -- we have two tennis courts on the roof. We have resistance pools and a jogging frail that goes around the roof and we have the garage lined with town house units on both sides, and you can see that in the -- well, this is the view along Northwest 30th Terrace. Commissioner Sarnoff Those are condos or those are town houses? Mr. Thomas: They're town houses -- Ms. Dougherty: Each one has a separate (INAUDIBLE) entry. Mr. Thomas: -- and the other thing that we've been asked to do is to dedicate five feet to this -- to the City to widen the right-of-way, which is very narrow, so we're dedicating five feet, and then beyond that five feet, we are going to build a sidewalk on our property so it's really the equivalent of dedicating ten feet to the City. We've also been asked by Public Works to provide a right-of-way through here for a future improvement to the sewer system in that area, and we have done that. On 31 st Street, we have added town houses also to the facade of this garage, and again, we have a pool deck and tennis courts on the roof and you can see this is 31 st Street, so this is the view going east looking to Biscayne Bay, which opens up as you come through here. You can see what Jim was talking about; we've opened up the tower itself on the bottom four floors, and this opens into a very wide area. Now the project that you've recently approved here also has opened up an area here, so we've opened up an area and they've opened up an area, and this creates a very broad view to Biscayne Bay for the neighborhood and anyone who will come down. This is actually going to be a fire lane, so it will probably have a mountable curb, which will be worked out with the Fire Department. Fire Department also had concerns about this very narrow street, and they've asked us to provide a "T" turnaround, which would have grass paving blocks, and we are doing that so they have the ability to come down to the street, back around, and come back out. The south side of this sfreet -- in fact, as you can see in the aerial photograph which we have here, it is -- these buildings all face south, and they do not have any entrances off this street. They basically have a six- to eight -foot -high concrete block wall right at the property line, so by opening this on this side, we are allowing the Fire Department to come down -- to turn around because they have no ability whatsoever on the other side to do that, and we've worked with both Fire and Public Works to accomplish that. Commissioner Sarnoff What does that sfreet look like? You said you put a six-foot wall or -- Ms. Dougherty: There is an existing six-foot wall on the other side (INAUDIBLE). Commissioner Sarnoff And what does that look like? City ofMiami Page 115 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Ms. Burns: Lucia, excuse me. Mr. Thomas: You -- we don't really have anything other than the existing photographs. This is the existing condition, so -- our property is over on this side, and this is what the other side is, and they have this six-foot wall that comes all the way down the street. Ms. Dougherty: One of the things that they were very happy with is that even though they have a wall on this side and their units are in the back -- this is the back of their units. They were very happy with the fact that we had town house units that are facing them. The original project didn't have town house units; it was just an open garage. Mr. Thomas: We'd be happy to answer any questions that you might have, and we can show you more of the materials. Commissioner Sarnoff This was originally the Ice site, correct? Ms. Dougherty: That's right. Vice Chairman Sanchez: Yeah. Commissioner Sarnoff And what you've been describing as having changed is the Ice? Ms. Dougherty: Yes. This is Ice 2 -- is the original? Was it Ice 2? Yes. The original Ice site was now Edgewater. This was Ice 2, which, again, was a parallel project right here, same height, by the way, as this proposed project, so the reason we are now incorporating this additional building, which, as you can see, the smaller of the two. Commissioner Sarnoff And you indicated -- have you gone to your maximum FAR (floor area ratio) ? Ms. Dougherty: We have not maximized the FAR that we could do with a Major Use. In other words, with a Major Use Special Permit and additional affordable housing bonuses, we could have -- six -- 765,433 square feet, and we have 650. Commissioner Sarnoff And you said Miami 21 would allow you to build to --? Ms. Dougherty: Over one million, but with the garage, and so compared to that, with our garage, we have 800,000 -- 885,000 square feet with a garage. Miami 21, as proposed at this time, would be -- would allow us to have 1,500, 000 with a garage. Commissioner Regalado: So you don't want to wait until Miami 21? Ms. Dougherty: No, we don't because -- Vice Chairman Sanchez: All right. Ms. Dougherty: -- we're ready. Vice Chairman Sanchez: Does that conclude --? Any more questions before we open it up to the public and allow the public to speak? Would you like to reserve some -- Ms. Dougherty: Yes, please. Commissioner Sanchez: -- time for rebuttal? City ofMiami Page 116 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Ms. Dougherty: Thank you. Vice Chairman Sanchez: All right. Sir, you're recognized for the record. Saul Cimbler: For the record, Saul Cimbler. I live off 35th Street and Biscayne, and I don't want to give my exact address because when I came to oppose the other project that Ms. Garrity [sic] referred to, that evening my house got burglarized -- Vice Chairman Sanchez: No. Mr. Cimbler: -- so I don't know if somebody got the address and realized I was here and burglarized it, or somebody wanted to play a funny joke that I probably deserved, but either way, I live off 35th and Biscayne and I think that's known. Also it should be known that aside from, at some times, appearing here against developments, I'm in the basically commercial development business. I -- in the commercial finance. In this particular area, I have successfully financed one project, which is not going to get off the ground. I have bundled and sold for developers other land, so I'm not a person who is against development, and I have two ex-wives to feed, and trust me, I can't be, but here's the problem. Your traffic engineer came up here and said that there is "no problem with traffic," and he's right. There's no problem with traffic. There's a huge problem with traffic. When we were here looking at that project on 30th Street and the one on 32nd Sfreet, and Commissioner Sanchez, Ms. Dougherty reminded us your concern then and then Commissioner Sarnoff had the same concern -- you have an area from 18th Street to 36 Sfreet that only goes three blocks deep. This is another project now at the end of the block, and it's getting to the point where the end of each block is starting to look like the tombstone at a cemetery. This one's 650,000 square feet. Not to raise a sore subject, it happens to be almost the exact amount of square feet that the Bayview Marketplace is building on ten acres, and this project is on a couple of little acres. I live in the area. I'm the vice president of the Northeast Area Residents, which bounded together for a lot of reasons, including crime and including overdevelopment. I'm not here on their behalf but I am a person who lives here -- lives there. Joel Rodriguez, whose name was mentioned, does not live in Edgewater. He is president of Concerned Citizens of Edgewater, which is a association offive people, three ofwho are -- or four ofwho are his relatives, who own land on 27th and 29th Street and are developers. Joel Rodriguez lives at 560 South Shore Drive, across the street from my parents on Miami Beach. I tried to mention this and to bring this out on rebuttal when that other project came up here, but the Chair refused to hear me on that issue when Mr. Rodriguez came up and basically perjured himself. Joel Rodriguez does not live in the area. He is the most prolific real estate agent in the area, and has himself amassed certain properties on 27th Sfreet that he will one day come here and ask you to rezone after being the person -- and I don't impute that knowledge on Ms. Dougherty because I know Ms. Dougherty knew that, that wouldn't have been a statement coming out of her mouth because she didn't need his support for that. She's reached out to somebody or he reached out to her and said he was from the neighborhood, but he's -- Commissioner Regalado: Can I ask you? My understanding, and I guess everybody understanding, is that the president of the Concerned Residents [sic] of Edgewater will be Armando Rodriguez. Mr. Cimbler: His father or father-in-law. Commissioner Regalado: I'm sorry? Mr. Cimbler: I believe that's his father-in-law. Commissioner Regalado: But Armando Rodriguez does live there. Mr. Cimbler: He prob -- I said three of the five, but he's the only one I believe who -- and I don't City ofMiami Page 117 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 think he lives there anymore. I look -- Commissioner Regalado: Yes, he does. Yes, he does -- Mr. Cimbler: Then if he is, he's the only one. Commissioner Regalado: -- and let me tell you why there are more than three because they requested a meeting with me about Miami 21 several weeks ago, andl had about 12 Edgewater residents in my office, and all of them live there, so I really have to say that know Armando Rodriguez, who is the vice principal of Belen -- Mr. Cimbler: Yes, he is. Commissioner Regalado: -- School for -- since I was elected citywide in 1996, and he's been living there, hasn't moved, for all this time. I'm just -- I just want to -- Mr. Cimbler: Okay -- Commissioner Regalado: -- set the record straight. Mr. Cimbler: -- but he's not here, and the proffer was made that it was Joel Rodriguez, and Joel Rodriguez lives at 560 South Shore Drive because I confronted him on it, so you don't have the support of the "neighbors." I'm one of the only people who comes out to these things because I'm in a position to do it, so you have now coming to you another project that is -- if it was located in another area, it's a beautiful project;; it's well designed, but it's another one that relies on traffic studies that are not valid. I challenge anybody before they approve this to go out there at 7:30 in the morning, not even at 8 o'clock, and you fry to cross east -- from west to east onto Biscayne Boulevard. You'll get smashed. I already lost one front end on my Jeep trying to do that because the traffic is massive. What you have on Biscayne Boulevard, and appropriately so, is commercial, so you've got a McDonald's; you've got a Taco Bell; you've got a -- several gas stations, so people are running in and out in the morning into those things, and now you're going to have a project with 650,000 square feet and a couple of thousand more cars on top of the thousand cars that you approved on 30th Street, on top of the thousand cars that you approved on 32nd Street? You don't need to be a fraffic engineer. You just have to have a little common sense that it comes to a point where enough is enough. Just saying that you have a pretty project -- and this is a pretty project, and anywhere else, maybe in a correct area where fraffic circulation is fine, but they have to meet this -- all the criteria in the MUSP (Major Use Special Permit). Being a pretty project doesn't meet it, and respectfully, I would urge you to deny this project, not because it's not pretty and not because there's not a great developer, but this area cannot handle one more project, and I will tell you that on the commercial finance end. I had a bank recently look at a project and say, you know what? We're not going to do it. How are all these projects going to be built? We're going to have to take these back in foreclosure 'cause nobody's going to be able to drive to go make a payment, which was a joke that was made by one of the bankers, but he's right, so the minute that you -- this Commission approved the project at 32nd Street that was indignant about, the next day they sold it. The project was sold, so all they did was come here; get their development rights. They're not going to build it. They sold it and they're going to let somebody else build it. Vice Chairman Sanchez: Thank you. All right. Rebuttal, if you want any time for rebuttal. If not, the public hearing is closed. It comes back to the Commission. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff You know, Saul, I hear what you're saying, and I actually think the place that's probably had the most architectural genocide probably is Edgewater, but at a certain point in time, you ask yourself, when that -- when you finally hit that mass, that critical mass City ofMiami Page 118 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 where there's no bringing it back -- and I think Edgewater's hit that critical mass -- I think the finest homes in Miami existed there at one time, and I don't think it any longer works, and I think most of the people I've met and I think most of the people who've met up here on the Commission for Miami 21 have been Edgewater residents that have lived there a long time and are pushing for density for very selfish reasons. I mean, they want to -- they've spent their time; they've lived through the prostitution, the crime, et cetera, et cetera, and they want to be able to sell out probably to a developer at some point. I think this is a big project, Lucia. I think it's high. I didn't realize it could be higher under Miami 21. That's an interesting position. I'm going to move to approve it with all the conditions that you have to do, all of the traffic solutions, and that you have to also allow the Administration to direct your work, and you'd have to pay them any cost and fees associated with the direction of your work. Ms. Dougherty: You want us to actually do the construction? Commissioner Sarnoff I want you to do the construction -- Ms. Dougherty: Okay. Commissioner Sarnoff -- but want-- in conjunction with the City Administration -- Ms. Dougherty: Of course. Commissioner Sarnoff -- and if they -- Vice Chairman Sanchez: All right. This -- there is a motion. This is a resolution, correct? Commissioner Sarnoff It -- yes. Vice Chairman Sanchez: Yes, it's a resolution. Commissioner Regalado: Second. Vice Chairman Sanchez: The motion has been made by Commissioner Sarnoff, second by Commissioner Regalado, with conditions that have been placed on the record, and one of them is that you do all three of them. The City will not -- Ms. Dougherty: Yes. That'd be fine. Vice Chairman Sanchez: Okay. All right. Any other conditions, Commissioner, you may want to add? Mr. Cimbler: Is that a covenant that runs with the land? Because if they sell it -- Ms. Dougherty: It's a condition that's part of the MUSP, so you -- nobody can build the MUSP without these conditions being fulfilled. Mr. Cimbler: Okay. Commissioner Sarnoff And just so we're clear, it's all three solutions, so all three of them will be -- Ms. Dougherty: We'll submit this for the record -- Commissioner Sarnoff Okay. City ofMiami Page 119 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Ms. Dougherty: -- right now. Vice Chairman Sanchez: All right, so it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PZ.15 06-01055ac RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE AN ALLEY LOCATED ALONG THE SOUTH SIDE OF NORTHEAST 18TH STREET BETWEEN NORTHEAST 4TH AVENUE AND NORTH BAYSHORE DRIVE, MIAMI, FLORIDA. 06-01055ac Analysis.pdf 06-01055ac Public Works Analysis.pdf 06-01055ac Plat & Street Letter.pdf 06-01055ac Zoning Map.pdf 06-01055ac Aerial Map.pdf 06-01055ac Application & Supporting Docs.pdf 06-01055ac ZB 06-11-07 Fact Sheet .pdf 06-01055ac ZB 07-30-07 Fact Sheet.pdf 06-01055ac ZB 09-24-07 Fact Sheet.pdf 06-01055ac ZB Reso.PDF 06-01055ac CC Legislation (Version 2).pdf 06-01055ac Exhibit A.pdf 06-01055ac CC Fact Sheet.pdf 06-01055ac-Submittal-Bay Parc Plaza Presentation. pdf 06-01055ac-Analysis for Vacation and Closure of Alley.pdf 06-01055ac-Submittal-Richard Garcia & Associates. pdf 06-01055ac-Submittal-Sandy H. Straus.pdf LOCATION: Approximately Along the South Side of NE 18th Street Between NE 4th Avenue and N Bayshore Drive [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of On the Park Properties, LLC and On the Park Properties II, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval with conditions* on September 14, 2006 by a vote of 7-0. ZONING BOARD: Recommended approval to City Commission on September 24, 2007 by a vote of 7-2. *See supporting documentation. PURPOSE: This will allow a unified development site for the previously approved On the Park Properties Major Use Special Permit. City ofMiami Page 120 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-07-0619 Vice Chairman Sanchez: We'll go to item number 15. Lucia Dougherty: Thanks very much. Vice Chairman Sanchez: Item number 15 is also a resolution. All right. For the record, is there anyone in opposition on PZ.15? There is? Okay. Roberto E. Lavernia (Chief of Land Development, Planning Department): PZ.15 is closing, vacating, and abandoning and discontinue for public use of an alley for the On the Park property Major Use Special Permit that was already approved for this Commission. The Planning recommendation is for approval. The Zoning Board recommended for approval too. Vice Chairman Sanchez: All right. Madam, are you ready? Vicky Garcia -Toledo: I am ready. Thank you. Vice Chairman Sanchez: Okay. Ms. Garcia -Toledo: For the record, Vicky Garcia -Toledo. I'm joined by my associate, Carlos Gimenez, and we're with the law firm ofBilzen Sumberg. We are also joined by Anne Cotter of Arquitectonica, Richard Garcia, who is our traffic engineer, and Dan Fortin, Jr., who is our surveyor. What is in front of you today is an alley closure, but it's a very strange alley closure, and let me backtrack a little bit and explain that. Alley is -- alleys are created when adjacent owners dedicate land for public use. The land is therefore -- Vice Chairman Sanchez: All right. We've lost a quorum. All right. We're back on the record with a quorum. Kent Harrison Robbins: You also lost the video. Vice Chairman Sanchez: Well, I have control over the quorum, but not the video. Ms. Garcia -Toledo: When an alley is dedicated -- Vice Chairman Sanchez: Is it -- your computer hooked up to the video or just --? No, it's yours. You got to hook it up. Mr. Harrison Robbins: We haven't even hooked up, but you lost your -- Vice Chairman Sanchez: Well, the tech guy just came out and pointed the finger at you guys, so the problem is here. You want us to get you some help? Sandy Straus: Yes, if -- Vice Chairman Sanchez: All right. Let's -- Ms. Straus: -- possible, please. City ofMiami Page 121 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Vice Chairman Sanchez: Do me a favor, Steve. Get the tech guy to help her out. Commissioner Sarnoff Luis. Vice Chairman Sanchez: Huh? Commissioner Sarnoff Luis. Vice Chairman Sanchez: Luis, yeah. All right. Why don't we go ahead and proceed? Ms. Garcia -Toledo: Proceed? Alleys are created by dedication of land into the public use. It does not mean that alleys are created by transferring of ownership or deed. The City ofMiami, under Chapter 55, has the procedure for an alley or street closure. In this particular case, we're bringing a application for an alley closure for your review and approval, which is, first and foremost, as a condition of a Major Use Special Permit that you approved in January of this year, and the interesting thing about this alley that -- while it is called a closure, it is really not a closure at all. It is only a closure in paper, but not in reality. What we are doing here is that by the same document that will close the alley, will also reopen that same alley as a public easement. The alley will stay where it is in its same location, its same size, its same width. The only thing that will change is that this alley will have a roof because the project that was approved for this site is bifurcated by the alley, and therefore, in order to build over the alley, there is no other provision under Chapter 55 of your Code other than closing the alley, but this alley comes to you with approval from the Plat and Sfreet Committee, from the Public Works Department, from the Planning Department, from the City Zoning Board because in the same wink of an eye that the alley will be closed, a public easement will be created that is open and accessible to the public. This is critical not only for the other projects in the block, but for my client's own project since all the projects on this block service themself [sic] from the alley. This particular alley satisfies, pursuant to the finding of your Plat and Sfreet Committee, all the technical requirements of the law, including the public purpose because the alley remains open and in use as it is today. The only difference between the alley today and in the future when this project is built will only be the roof over the alley. That roof or that construction in the airspace above the alley, will be at 15 feet of height, which is what is being required by your Zoning Department, as well as your Fire Department and your Public Works Department. I would like to ask some of the members of our professional group to come forward and give you further information on where this alley is located, how it functions, and how it relates to the buildings on site. Vice Chairman Sanchez: All right. Just to maintain the order, we are just addressing the issue of the alleyway. Ms. Garcia -Toledo: Alley only. Vice Chairman Sanchez: No development -- Ms. Garcia -Toledo: No, sir. Vice Chairman Sanchez: -- correct me if I'm wrong, counsel -- just the alleyway. All right. Ms. Garcia -Toledo: I would also like to submit into the record the packet of information, which is already in the public record, of all of the positive recommendations of all your lower boards. At this time, I would like to ask Anne Cotter, from Arquitectonica, to come forward and let you know the relationship of this alley to the buildings on the site. Anne Cotter: Hello. Good evening. Anne Cotter, with Arquitectonica, 801 Brickell Avenue. As Vicky was saying, the project is bifurcated by the alley. This alley is -- continues from Northeast City ofMiami Page 122 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 18th Street down to Northeast 17th, and actually continues further north of Northeast 18th Sfreet. These photographs were taken just yesterday. They show the existing condition of the alley. This is actually the building just to the south of our site. You can see that it has multiple corners that are right along the line of the edge of the alley. The loading bay -- there is also, just to the north side, immediately -- here -- this is our project to the north side of Northeast 18th Sfreet. There's an existing building that has its fence and wall right at the edge of the alley, so there is existing conditions of buildings building right up to the edge of the alley. As Vicky was saying, the use of this alley is going to be maintained. It's being used for access -- or the exiting of our loading area, as well as for the other projects that are along the alley. Ms. Garcia -Toledo: Richard Garcia, our traffic engineer. Richard Garcia: Hi. Good evening. Richard Garcia, 13117 Northwest 107th Avenue. As Vicky mentioned, this project's already been approved as a MUSP (Major Use Special Permit), and so it went through all the normal traffic stuff so what I'm going to address tonight is only the alley. We've put together some information and documented everything that I'm stating here. I read a transcript of the Zoning Board, and so I was concerned with some information that may be brought forth tonight that is undocumented. I wanted to address the lane width of this alley. It is a ten -foot -wide lane. Of course, it's per your Code; it's allowed, and that's why similar lanes -- similar alleys in the City exist, but we further documented through the AASHTO, which is the American Association of State Highway and Transportation Officials, lane widths. Under the general use -- and I quote from that manual -- lane widths of nine to twelve feet are generally used, and that's on page 315 of the AASHTO green book, which is one of the major manuals that civil engineers use to design roadways. Under local urban streets -- and again, I know this is not a local urban street,• it's an alley -- the AASHTO says that should be -- and I quote -- at least ten feet. Under urban collectors -- and I know that's a far stretch from an alley, but even under urban collectors, it says lanes within travel (UNINTELLIGIBLE) should range from ten to twelve feet. Under urban arterials, it says lane widths may vary from ten to twelve feet, and these are all quotes right out of that manual, so a ten -foot -wide alley is certainly adequate. Just to give you a little example, case in point, US 1, around the Coral Gables area, has 9.9-foot width lanes, and I know that for direct experience, having worked for the Department of Transportation, and that roadway carries a hundred thousand vehicles a day, so there's nothing wrong with a ten foot lane or ten -foot -wide alley, and again, similar alleys exist, and I think I put a picture there of Citae, which is -- I tried to take pictures of the other sites, but everything's under construction -- but they have a similar alley, about ten foot [sic] wide, and it is a one-way alley, so that minimizes any issues with turning and site distance, which I'll get into next. The stopping site distance may be brought as an issue that there isn't proper visibility. We looked at the stopping site distance per AASHTO, and that manual says that minimum stopping site distance for local roads should range for 100 to 200 feet, and again, this is for roads; this is an alley. In any event, we measured the stopping site distance, and you have 151 feet to the left and 153 feet to the right, so there's certainly sufficient stopping site distance. There may be some issues regarding -- or they may raise some issues regarding backing into the loading bays. All loading bays -- truck -height loading bays are all backed up into. No trucks go into loading bays head first. They all go backing in; it's the only way to utilize a loading bay. Additionally, truck -- the trucks will pass the loading bay before they back up. I read some testimony that, you know, they could be backing up into a car; they could be backing up into a person and a fatality could ensue or something to that effect, but the truckers always pass the loading bay in almost every situation, and certainly in this one, as you can see from the pictures. They'll have to pass -- go north past the loading bay, and so they'll see the loading bay to their right or left before they proceed to back up. There's some -- concerns are going to be raised tonight, I think, regarding traffic safety. Having worked for the Department of Transportation, I could not find any specific data on traffic safety as it relates to alleys. They're not very commonplace, and so there's not any safety data regarding crashes or fatalities. However, we did find in the Florida Highway Safety -- the Florida highway fatality rate, which is 1.66 per 100 million vehicle miles traveled. That's typically what's occurring in the state of Florida. It is higher than the national average, City ofMiami Page 123 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 but 1.66, so we're looking at an alley that's 118 feet in length. We assumed a thousand trucks went through this alley -- I see you're laughing already. You see where I'm going. If a thousand trucks were to use this alley a day, it would take approximately 7,300 years before you would have one statistical fatality. It's -- Commissioner Sarnoff What's your warranty on the building? Mr. Garcia: Well, I'm not a lawyer, so -- let me conclude with traffic safety and saying that fatalities are extremely rare events, and they are certainly not subject to prediction on a small scale as an alley or even a particular street or even a small particular segment of roadway. Last thing I would like to cover, it would be speed limit. I don't -- it doesn't make any sense, of course, but speed limits in this -- for an alley are not necessary. The geometric conditions, that is, the width and the distance or the length of the alley, would control. Speed limit signs are regulatory signs. You know, that means they can be enforced by law, and that is certainly not necessary here. The Manual of Uniform Traffic Control Devices states that there -- there's - -states -- rather, there's no guidance for alleys. However, it does state that the 85th percentile speed would be the posted speed, and there is no free flow speed in an alley. I mean, who's driving down an alley at a free flow speed? So, obviously, no limit signs. This is what we would term self-regulating. With that, I conclude, and if you have any questions. Mr. Harrison Robbins: I'd like to cross-examine this witness at this time or at the beginning of my case, which -- Vice Chairman Sanchez: No. At the beginning of your statements, I'll let you cross-examine. Mr. Harrison Robbins: Sure. Vice Chairman Sanchez: Anyone else you want to testify? Mr. Garcia: I think I'm being asked just to give some credentials. Vice Chairman Sanchez: Please put them on the record. Mr. Garcia: Okay. My name's Richard Garcia, PE (Professional Engineer). I'm a professional -- licensed professional engineer. I've been practicing traffic engineering for 12 years; been licensed for 9. Vice Chairman Sanchez: Thank you. Anyone else, counsel, you want to bring up? Okay. Ms. Garcia -Toledo: Just very briefly the surveyor, and then I would like to have some time for rebuttal. Dan Fortin: Good afternoon. My name is Dan Fortin, Fortin Leavy Skiles. My office is at 180 Northeast 168th Street. The alley that is being vacated was created by a plat in the early 1900s, with a width of ten feet. This alley is going to be vacated with the exclusive right of an easement, which is called an ingress, egress and utility easement, which is going to create access and retain access -- a platted access way, which is consistent with the alley. The only deviation is the elevation of what you can drive through. My schooling is I went to Valencia Community College and University of Central Florida. My license is surveying and mapping. I've had my license for three years and practicing for about 12 years now. Vice Chairman Sanchez: All right. Thank you. Counsel, your time has been requested for rebuttal. Sir, you -- Mr. Harrison Robbins: I'd like to -- City ofMiami Page 124 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Vice Chairman Sanchez: -- have the floor, and now -- would you like to cross-examine now? Mr. Harrison Robbins: I would like to cross-examine the fraffic engineer, Mr. Garcia. Vice Chairman Sanchez: Mr. Garcia. Pamela E. Burns (Assistant City Clerk): We need your name for the record, sir. Mr. Harrison Robbins: My name is Kent Harrison Robbins. My offices are on the other side of the bay, at 1224 Washington Avenue, and I look forward to, once again, working with the City of Miami on projects, and at this time, unfortunately, we do oppose this particular project, and the reason we oppose this particular project is because of certain public safety issues. Vice Chairman Sanchez: Okay. Mr. Harrison Robbins: As you know, your authority is under Section 55-15, and you have to make the determination if it's in the public interest or not in the public interest to approve the closure and reopening of the alleyway, so it's your discretion under the standard of what's in the public interest. I would submit to you that safety -- health and safety is one of the issues that you can consider in the public interest. We have a fraffic engineer -- Sandy Straus is here; she's a traffic engineer -- a transportation engineer, and also, she's qualified to assess terrorist risk management assessments for the federal government, and she's a expert in all three of those areas and has testified as such, butl want to first askMr. Garcia a question. You referred to a book. That book was designed in 2001, right? You reference it. Mr. Garcia: That's the version that used -- Mr. Harrison Robbins: Yes -- Mr. Garcia: -- right. Mr. Harrison Robbins: -- and that was before 9/11; is that correct -- Mr. Garcia: That's correct. Mr. Harrison Robbins: -- as far as you know? So -- Mr. Garcia: Right. Mr. Harrison Robbins: -- are you familiar with the new federal requirements considering assessment of risk concerning roadways and buildings? Mr. Garcia: Well, I know I've worked for the Department of Transportation, and I've been trained on proper roadway design, and I've never heard of any risk assessment for roadway designs. Mr. Harrison Robbins: Okay. Mr. Garcia: I'm not familiar with AASHTO addressing risk assessment in roadway design. Mr. Harrison Robbins: Okay, but with respect to the risk -- the distance between roadways and buildings, you're not familiar with that and that risk with respect to terrorist situations? Are you familiar with that at all; yes or no? City ofMiami Page 125 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Hr. Garcia: I'm familiar with the concept of setbacks. They're not addressed in AASHTO -- Hr. Harrison Robbins: Right. Mr. Garcia: -- because they're not a transportation -related matter. Hr. Harrison Robbins: Right, and you're also -- you're -- you talked about the width of roadways, and you said that appropriate -- would be between ten and twelve, but specifically, it says where there's a lack of roadway, there should be widths -- lack of right-of-way, there should be widths of at least 11 feet. Are you aware of that? That's on page 437 that you submitted. Hr. Garcia: Just a second. I think you may be misinterpreting the information. Hr. Harrison Robbins: Okay, sure; 437, widths of roadway, and look at the second paragraph after the phrase "Width ofRoadway. " Hr. Garcia: Repeat where. Hr. Harrison Robbins: It says there that lane -- if you go to page 437 of your handout, you go to the second paragraph after the phrase "Widths of Roadway," it says here, in such cases where there's a lack of space for right-of-way, lane widths of 11 feet may be used, but they recommend 11 feet with a lack of right-of-way, not 10 feet. Hr. Garcia: I'm frying to find where you're reading from. The second sentence or the sec -- Hr. Harrison Robbins: It starts -- Hr. Garcia: -- of the para -- second paragraph after "Widths ofRoadway"? Hr. Harrison Robbins: You underlined lanes within the traveled way should range in width from 3 to 3.6 meters, 10 to 12 feet -- Hr. Garcia: Correct. Hr. Harrison Robbins: -- and then it keeps on going and says where there is no right-of-way, it should be 11 feet. Hr. Garcia: It says, in indusfrial areas, lanes should be 12 feet -- Hr. Harrison Robbins: Yes. Hr. Garcia: -- wide, except where lack of space for right-of-way imposes severe limitations. It says in industrial areas -- Hr. Harrison Robbins: Well, isn't this -- Hr. Garcia: -- or maybe you're leaving that part out. Hr. Harrison Robbins: -- area, though, in fact, a area for servicing of the area -- commercial areas of that space? Hr. Garcia: This is not an indusfrial area. Hr. Harrison Robbins: So you're saying is -- there should be a greater safety factor for industrial areas than there is for residential areas? That's what -- I'm just going to say, in other City ofMiami Page 126 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 words, 11 feet would be appropriate minimum as to industrial, but it could be more narrow in residential. That's what you're testifying to. Mr. Garcia: Industrial areas generally have a higher percentage of trucks, and therefore, they recommend -- Mr. Harrison Robbins: Okay. I -- Mr. Garcia: -- an 11 foot lane. Mr. Harrison Robbins: -- have no further questions. Thank you. Mr. Garcia: You're welcome. Mr. Harrison Robbins: Okay. Let's go over and talk about what this is really all about. What this is about is the bifurcation of an entire block, between 17th and 18th, between Bayshore and Northeast 4th. This is a existing alleyway. At this point in time, there are some buildings that are adjacent or partially adjacent to this alleyway, but what this proposes is to build a building over the alleyway, merely 15 feet over the alleyway, and have essentially a wall or restriction of views along the entire way, between -- going east and west along the property line -- from east to west along this property line. There's a -- along this property line right here, there's going to be a wall, and there's going to be a penetration, a tunnel, through that wall. There's going to be a tunnel, and that tunnel is 10 feet wide and 15 feet high, and on either side, there's going to be a wall, and trucks -- this is essentially for commercial -- for moving vans, for U-Haul It, for people going -- moving in and out of the buildings, as well as for supply truck -- Sysco (rucks for the hotel that are going to be moving through this alleyway. This is a alleyway where propo -- there's proposed development in excess of 3,500 units. This is an alleyway -- the exact numbers, actually -- and I can give that to you right now -- the exact numbers are 1,754 units; the average occupancy at two times per unit, be 3,500 people living on this alleyway. There's a hotel -- 350-unit hotel. You can assume another hundred to a hundred fifty people staffing it; there'd be 500 people staffing the hotel on the corner of this -- on the site, so, essentially, you're going to have 4, 000 people to 5, 000 people living, working, and breathing on either side of this alleyway that are going to have to be serviced by this 10 foot -wide alleyway. Everybody moving in, everybody being serviced, everybody being taken care of has to be taken care of through this alleyway. You're not going to allow frucks in the front or the back. That's what the purpose of the alleyway is. Unfortunately, this alleyway does not have any restrictions, and my expert's going to talk about what restrictions are necessary. This isn't limited to trucks, where it sort of implies that fruckers know how to drive through here, commercial fruckers. This is not going to be limited to frucks. It's going to be vehicles, pedestrians, people that borrow U-Haul Its for the night, who don't even know how to drive, are going to be using this alleyway. That's the risk you have here, and they're going to have to go through this narrow 10 foot -wide opening to get through this alleyway. Now I'm going to introduce my expert. Her name is Sandy Straus, and she's going to give you a little explanation as to why this is such a dangerous condition, and it'll take her about five to seven minutes. We're trying to keep it within that seven -minute range. She'll give you -- also give you her qualifications, then I'll come back and explain the specifics of why what she says is so important; why you should consider this, as a Commission, protecting the public safety and the residents ofMiami. Sandy Straus: Good evening, Commissioners, ladies and gentlemen. My name is Sandy Straus. I am with ESRA (Environment, Safety, and Risk Associates) Consulting Corporation of Boca Raton, Florida, and I am here to tell you a little bit about my credentials to start, and I have completed my PhD studies in engineering, and I am one of the only -- one of the few women in the country who is licensed to transport and store and use explosives. I'm a licensed contractor - - a dual licensed contractor, residential and commercial applications, and also, I am a consultant to the State and Federal government agencies. In fact, I am a consultant to the DOT City ofMiami Page 127 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 (Department of Transportation); I have been for a number of years. I have written one of the largest -- and published through the DOT -- reports on licensing procedures, as well as collision analysis and design of new systems as such, and also, I provide consulting as it relates to homeland security to federal agencies, such as the Department of Energy. Now I shall begin my presentation. Ms. Garcia -Toledo: Excuse me. Ms. Sfraus: Yes. Ms. Garcia -Toledo: To the Chair and to the City Attorney, I believe that this individual may not be qualified to give testimony on the parameters of the application in front of you, and I would like to have the opportunity of cross-examining her now to establish whether or not she is or is not an expert witness on -- Commissioner Sarnoff You're asking -- Ms. Garcia -Toledo: -- transportation issues. Commissioner Sarnoff -- for a voir dire -- to voir dire the witness to check her credentials? Ms. Garcia -Toledo: Yes, please. Commissioner Sarnoff It's up to the Chair, but it is appropriate in a court of law. Vice Chairman Sanchez: All right. Yes, you can. Go ahead. Ms. Garcia -Toledo: IfI may. Ms. Straus, are you a licensed professional engineer in the state of Florida; yes or no? Ms. Sfraus: No, I am not. However -- Ms. Garcia -Toledo: Thank you. Ms. Sfraus: Wait. IfI may. Ms. Garcia -Toledo: Are you a licensed general contractor in the state of Florida; yes or no? Ms. Sfraus: In the state ofArizona. Ms. Garcia -Toledo: In the state of Florida; yes or no? Ms. Sfraus: No, but the federal -- Ms. Garcia -Toledo: Thank you -- Ms. Sfraus: -- government recognizes -- Ms. Garcia -Toledo: -- very much. Ms. Sfraus: -- it. Ms. Garcia -Toledo: Your PhD, is it in civil engineering, which is required for traffic engineering; yes or no? City ofMiami Page 128 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Ms. Sfraus: Mechanical engineering, but it's not a P -- it's my PhD studies. Ms. Garcia -Toledo: Your -- Ms. Sfraus: My undergraduate degree -- Ms. Garcia -Toledo: -- let me -- Ms. Sfraus: -- was in -- Ms. Garcia -Toledo: -- excuse me. Ms. Sfraus: -- geological engineering. Ms. Garcia -Toledo: I'm asking the questions here. As far as your PhD in engineering, what is your area of expertise of your PhD? Ms. Sfraus: Simulation of fluid flow dynamics, which relates -- Ms. Garcia -Toledo: I'm sorry. Ms. Sfraus: -- to this. Ms. Garcia -Toledo: What is it again? Ms. Sfraus: Mechanical engineering. Ms. Garcia -Toledo: Yes. In what -- Ms. Sfraus: Heat transfer. Ms. Garcia -Toledo: -- area of -- Ms. Strraus: Heat transfer. Ms. Garcia -Toledo: -- expertise? Ms. Sfraus: Heat transfer and fluid dynamics. Ms. Garcia -Toledo: Food dynamics. Ms. Sfraus: No, fluid. Vice Chairman Sanchez: Fluid. Ms. Sfraus: Fluid dynamics -- Ms. Garcia -Toledo: Fluid dynamics -- Vice Chairman Sanchez: All right. Ms. Sfraus: -- which you need to under -- Ms. Garcia -Toledo: -- but it's not in traffic? City ofMiami Page 129 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Ms. Straus: It's not traffic, but -- Ms. Garcia -Toledo: Okay. Ms. Sfraus: -- it's -- Ms. Garcia -Toledo: Thank you very much. Ms. Sfraus: Wait. Excuse me. IfI may. Ms. Garcia -Toledo: I would present to the Commission -- Mr. Harrison Robbins: I ask that my -- Ms. Garcia -Toledo: -- that this individual -- Ms. Sfraus: IfI may -- Ms. Garcia -Toledo: -- is not an expert for the field of traffic, which is the issue at hand in a closure of an alleyway. Commissioner Sarnoff Madam City Attorney, can't we just let this go to the weight of the testimony? Maria J. Chiaro (Assistant City Attorney): Yes. You -- Commissioner Sarnoff Okay. Ms. Chiaro: -- can accept this testimony -- Commissioner Sarnoff Right. It's -- Ms. Chiaro: -- based on -- Commissioner Sarnoff -- up to us to decide. Ms. Chiaro: -- the credentials that were -- Ms. Sfraus: Okay. Ms. Chiaro: -- presented to you. Ms. Garcia -Toledo: Thank you. Ms. Sfraus: Okay. Vice Chairman Sanchez: But, listen, it's up -- Ms. Sfraus: Okay. Excuse me. IfI may continue, because it's very important for me to address Ms. Toledo's inquiries. I am recognized by the federal government with my contractor's license in explosives and blasting. Ms. Garcia -Toledo: Okay, explosives. Ms. Sfraus: Okay, so the federal government recognizes -- City ofMiami Page 130 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Vice Chairman Sanchez: Look -- Ms. Sfraus: -- it. If you don't, I'm sorry. Vice Chairman Sanchez: All right. That's fine. You might be -- Ms. Sfraus: Okay. Vice Chairman Sanchez: -- an expert on explosives and blasting and terrorists, but what does this have to -- Ms. Sfraus: Okay. Vice Chairman Sanchez: -- do with an alleyway? Ms. Sfraus: This has to -- no. We didn't even get to that point yet on this, okay, ifI may continue Vice Chairman Sanchez: No, no, no, no. Ms. Sfraus: -- and furthermore, I -- Vice Chairman Sanchez: Listen, ma'am -- Ms. Sfraus: -- am recognized -- Vice Chairman Sanchez: -- ma'am -- Ms. Sfraus: -- by the DOT, and I have written extensively -- Vice Chairman Sanchez: -- ma'am -- Ms. Sfraus: -- on traffic engineering. Vice Chairman Sanchez: Ma'am, all due -- Ms. Sfraus: Yes. Vice Chairman Sanchez: -- respect, I chair this meeting, so -- Ms. Sfraus: Okay. Vice Chairman Sanchez: -- all that I ask is I don't see the relevance -- Ms. Sfraus: If I'm -- Vice Chairman Sanchez: -- of -- Ms. Sfraus: -- able to present my presentation -- Vice Chairman Sanchez: Well, how long is your presentation going to be? Ms. Sfraus: Five minutes. Five minutes. Everyone else has had -- City ofMiami Page 131 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Vice Chairman Sanchez: What is the will of this -- Ms. Sfraus: -- an opportunity -- Vice Chairman Sanchez: -- Commission? Ms. Sfraus: -- and it has been in excess of the -- Vice Chairman Sanchez: Ma'am -- Ms. Sfraus: -- of five minutes. Vice Chairman Sanchez: -- please. What is the will of the Commission? Commissioner Sarnoff If we start talking about bombs and exploding by buildings, I think we've given in to the terrorists. I don't think anybody's going to be building a bomb proof building. Ms. Sfraus: Okay. Vice Chairman Sanchez: All right. Ms. Sfraus: May I -- Vice Chairman Sanchez: No. Ms. Sfraus: -- at least -- Vice Chairman Sanchez: Ma'am -- Commissioner Regalado: Can I say something? Ms. Sfraus: -- provide -- Commissioner Regalado: Can I say something? Ms. Sfraus: -- some information concerning the site? Commissioner Regalado: Mr. Chairman -- Vice Chairman Sanchez: Yes, sir. You're recognized. Commissioner Regalado: -- the national security agent -- Homeland Security has identified more than 300 to 400 potential targets in Miami -Dade County, and we don't know -- I mean, I have attended seminars. I'm very into national security, and to my understanding, none of the targets have to do with an alley, and I really don't understand -- Vice Chairman Sanchez: All right. Commissioner Regalado: -- what is the issue of safety. Ms. Sfraus: The issue of safety is that there is a lack of easement surrounding this particular alley. The border of the properties line right with the alley, and when you're dealing with frucks, as I have written extensively on truck safety for the federal and state governments, I can assure you that you're dealing with heavy frucks, which can weigh 20 to 30 times more than a car, and you're also dealing with ones that may be in excess of the dimensions that are allocated for that City ofMiami Page 132 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 particular 10 foot width that is in this particular site plan. Furthermore, what we're also talking about are various hazards with -- which frucks essentially are most susceptible to. These are braking hazards; these are backing hazards. We're talking about -- if you look on the image right now in -- Vice Chairman Sanchez: Ma'am -- Ms. Sfraus: --front of you -- Vice Chairman Sanchez: -- ma'am -- Ms. Sfraus: -- the vehicular -- Vice Chairman Sanchez: -- ma'am -- Ms. Sfraus: -- exit -- Vice Chairman Sanchez: -- enough. I'm not going to allow your testimony for the record. If you want to speak as a regular resident, I'll give you two minutes, and you could put anything into the record. I think your testimony here due to an alleyway is completely irrelevant -- Ms. Sfraus: I don't -- Vice Chairman Sanchez: -- so, therefore, you have two minutes to say whatever you want to say. If you want to go through your presentation quickly and give your two minutes -- Ms. Sfraus: Okay, okay. Vice Chairman Sanchez: -- fine. Ms. Sfraus: I'll run through -- Vice Chairman Sanchez: The attorney will then have the appropriate time needed, and then we'll close this up. I think your tes -- I made it very clear, okay? So you got -- Ms. Sfraus: Thank you, Commissioner Sanchez. Vice Chairman Sanchez: -- two minutes. Ms. Sfraus: Okay. Blind spots are a leading cause of crashes. Here you could see, in particular, that you have trucks that could be backing up, and the blind spots are these areas that appear as smoke on the screen, and if you have a pedestrian in the back, they cannot see that pedestrian when they back up. You also have trucks that could be going and driving north into that tunnel, and their blind spot area is increased here because those whole entire sides are blind spots, and they, in turn, would not be able to back up or see the truck behind it, and this is a mixed flow fraffic situation, where you have both frucks and cars, and as well as pedestrians, obviously, crossing the area here, and in a situation like that, it is ripe, in fact, for collision, injury, or death, and this is a matter of public interest because of the safety issues. With respect to terrorist risks, this is going -- once all proposals are cleared and site plans are accepted and occupants move into these areas and they are constructed, this will be one of the most densely populated areas in Miami. This cannot be ignored nor neglected, and that alley could provide a conduit, if it is not appropriately shored up, with respect to guards and gates and other kinds of mechanisms and fraffic control devices or signs that can prevent people from just walking through there, and we are asking for that to be a truck -only alley in that particular case -- Vice Chairman Sanchez: All right. City ofMiami Page 133 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Hs. Sfraus: -- and furthermore, we are just also asking that the alley design is reconsidered -- Vice Chairman Sanchez: Okay. Thank you. Hs. Sfraus: -- and that further studies are needed to address these concerns because I have not had a sufficient amount of time to address these with you and with the other Commissioners. Vice Chairman Sanchez: Thank you, ma'am. Hs. Sfraus: Thank you for your time. Vice Chairman Sanchez: Sir -- counsel, you're recognized. Counsel, you have time for rebuttal. Hr. Harrison Robbins: Yes. We certainly -- Vice Chairman Sanchez: Wait, wait. Hold on. Hr. Harrison Robbins: -- did have a presen -- complete presentation of our expert. We gave you a CV (Curriculum Vitae). She is certainly qualified by the Department of Transportation to give opinions as to transportation and traffic engineering. You cut her short, and she really has not been able to present the case, and I think that that's been a denial of our due process. What we would ask you to do -- and I would tender that if she was able to testify, we would be able to establish a case that you should post speed limit warnings and post truck size and weight limit warnings on the entryway of the alleyways; that you should ensure proper lighting; that the alleyway must be closed to pedestrian traffic to protect the public; that no mixed -- there should be no mixed traffic flow. They should not be allowed to use any cars along the alleyway; it should be used for trucks only. In order to protect against terrorist threats and other threats, should install guards, cameras, or electronic rail to eliminate alley access by pedestrians and automobiles. You should secure the ID (Identification) of truckers and contents of load to assure proper clearances. All I can tell you is you say you don't want to consider this, but this is the type of safety concerns in the 21 st century that we have to consider. We're building for the 20th century. These buildings probably will not be built for the next -- the last building, the one we're looking at, probably for another five to ten years. We're going to be dealing with a new world, and if we don't start implementing the type of safety requirements, both safety requirements for the persons who are walking along these alleyways or proposed to walk along the alleyways, as well as safety for the inhabitants of the buildings adjoining these alleyways and have some type of control, we are not protecting the public. You have the opportunity -- we're -- all -- we're not asking to stop this building. What we're asking is to impose certain limitations, conditions. What we should do is defer this matter; allow the property owners -- all four property owners along this alleyway to sit down to figure out how we're going to control this alleyway. You're talking about hundreds of -- a hundred trucks -- 50 to 100 trucks a day using this alleyway frying to get access, frying to load and unload people, trying to load and unload commercial vehicles, Sysco trucks that are going to handle a 350-unit hotel; that's a major hotel on the site, and yet, you don't have any means of traffic control. If you think that you're not going to have problems and the police aren't going to have problems and the Public Works are not going to have problems with this alleyway, you're fooling yourself. This is what we're planning is required, and you now have an opportunity to use the process, use a legitimate process and say this is in the public interest. We need to have a meeting of the owners of the properties to sit down and set up the type of safeties and -- safety and guidelines, and at the end of the day, the property owners will say thank you. The adjoining property owners to this alleyway will say thank you for managing this; thank you for not letting this be a laissez-faire alleyway. Let's put regulation -- government regulation where there should be regulation, but in the first place, give the owners of the alleyways the opportunity to sit down with us as owners of Bay Parc Plaza, 1756 Bayshore Drive. We own an apartment building there. We are a major, major apartment building owner City ofMiami Page 134 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 throughout the United States; in fact, we're number one. When my clients tell me go there and make this presentation, they're not making this out of some attempt to stop a building. They're trying to do it to make certain that there is a safe alleyway. When you look at the easement -- and I'm going to provide you with a copy of the easement -- Vice Chairman Sanchez: Madam Clerk, how much time -- Mr. Harrison Robbins: Just give me another two minutes and we'll be done. Vice Chairman Sanchez: -- did the applicant have, so we could make it all fairness here -- in all fairness for the sake of time? Mr. Harrison Robbins: I want to show you -- and look at your screen right now. Vice Chairman Sanchez: How much? Mr. Harrison Robbins: There's a vehicle access easement on one side of the alleyway -- Vice Chairman Sanchez: Four minutes? Mr. Harrison Robbins: -- that belongs to my client. Vice Chairman Sanchez: You got four minutes, sir. Mr. Harrison Robbins: Fine. A vehicle access easement on the left side of the alleyway, the west side, and our client's loading dock on the right side. The fruck will come up, take a left onto the easement, and then back up into our loading dock. That loading dock -- as those trucks back up -- the trucks in this tunnel can back up at the same time and back up into these trucks that are backing up along this easement. That's a condition you are creating. That's a condition, I should say, the developer is creating, and this is where the public interest rise. How do we prevent the reasonable likelihood that there will be collisions as a result of trucks backing up out of that tunnel, and I'm not saying stop this thing. All I'm asking for is reasonable regulations and a meeting of the owners to sit back and figure out how we're going to control the use of this alleyway. Can you imagine one fruck stopping -- a Sysco truck stopping to make a delivery where the hotel is, blocking the entire alleyway, and then there are five moving vans queued up to load and unload On the Park, this proposed project? Can you imagine the type of trouble you're going to have and the police being called, the people being -- you know, the problems that people are going to have to utilize this alleyway, and that's what this government is for; to assure that there's proper regulations in place. If we don't have regulations and we don't feel we have the power to have regulations (UNINTELLIGIBLE) legislation, at the very least, you should defer this thing and let the people that own this alleyway -- make them sit down and figure out a way of solving these problems. These are real problems. Thank you. Vice Chairman Sanchez: Thank you, sir. Rebuttal. Ms. Garcia -Toledo: First of all, the conditions that you were just shown are the existing conditions on their property. They are not on the portion of the alley to be closed, and they are not on my client's property, and they are not the creation of On the Park, either the MUSP or the closure application, so I think what he's telling you is that he has a problem on his property. Let me say that you heard a lot about safety, but Ms. Straus did not give you a safety ratio calculation, which is required when you're evaluating these situations. Basically, because she is not a traffic engineer and would not be able to do that. I also would like to put on the record that Mr. Richard Garcia, our traffic engineer, checked with the Florida Department of Transportation and found that neither Ms. Straus, nor her company that she's representing, has a Certificate ofAuthority issued by the Florida Board of Professional Engineers, which is City ofMiami Page 135 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 required before you can represent FDOT (Florida Department of Transportation). Let me also share with you -- Ms. Straus: That's immaterial. Ms. Garcia -Toledo: -- that this is a service alley. It is a service alley today. It's the same service alley that will continue to exist after this closure because we will reopen it, and these are condo units, and none of these condo units have any pedestrian openings or any other kinds of opening other than their loading bays on this service alley. I'd also like to show -- to bring to your attention that out of the four buildings, including my client's building called On the Park, all three of those building [sic] I was the attorney of record for them; I developed them and designed them as part of the development team for Mr. Tibor Hollo, and our other neighbors are not here objecting to this. All three of the existing or approved buildings on the remainder of this alley have the exact same conditions, and they're all working just fine, so I would urge you, without taking any more of your time, to please consider approving this application for a closure Vice Chairman Sanchez: All right. Ms. Garcia -Toledo: -- with the -- with remembering that it will be reopened by the same legal document. Vice Chairman Sanchez: All right. The public hearing is closed. This comes back to the Commission. Commissioner Sarnoff, you're recognized. Commissioner Sarnoff Mr. Chair, I'd like to do a motion for discussion purposes -- Vice Chairman Sanchez: All right. Commissioner Sarnoff -- to approve this. Vice Chairman Sanchez: There's a motion for the discussion. Commissioner Regalado: Second. Vice Chairman Sanchez: There's a motion by Commissioner Sarnoff, second by Commissioner Regalado. The item is under discussion. Commissioner, you're recognized. Commissioner Sarnoff First and foremost, I'm not exactly swayed by argumentative -- arguments to indicate that there's a safety issue with regard to homeland security. There are some things you could do to improve this slightly, and I would put this as part of my -- as part of a condition, and that would be to have cameras installed and to allow certain kinds of lighting and sensors to be installed, and I know those are commercially available. It should not present you any sort of problem. In addition -- and I was going to do this anyways -- I know by us giving up this valuable, valuable, valuable public right, you're going to want to invest yourself in the park right across the street. I just know that's the kind of people you represent, and with that investment, I know you're going to want to do the following. I know that you're going to want to have security, so we're going to have park rangers. Well, I suggest that park ranger be a part of your solution to this problem, and that park ranger will equally be able to walk around Margaret Pace Park and make sure that the front of -- all the front of these buildings is secure, and I know you're going to want to agree with me that you're going to want to tree the very perimeter of Margaret Pace Park, and I know you're going to want to put in at least 100 trees of 20 foot height with six-inch DBH (Diameter at Breast Height), and with that -- 'cause I know your client is very green -- he's going to want to put in at least six bike racks all around the park. City ofMiami Page 136 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Ms. Garcia -Toledo: What? Commissioner Sarnoff Bike racks. Bicycle -- Vice Chairman Sanchez: Bike -- Commissioner Sarnoff -- racks. Vice Chairman Sanchez: -- racks. Ms. Garcia -Toledo: Bike. Commissioner Sarnoff Bicycle racks 'cause I know all your people will be biking to and from work, and I'm sure you would agree that that is a very good public purpose and very good bargain for the right to take the sunlight away from this important public land. Vice Chairman Sanchez: And, of course, I mean, you -- Ms. Garcia -Toledo: Well, can I have a little bit more parameter so that can understand actually -- Commissioner Sarnoff Sure. Ms. Garcia -Toledo: -- what this represents? Commissioner Sarnoff Sure. You want to bark it back to me? Ms. Garcia -Toledo: A hundred frees; I presume -- can we say $20, 000 worth of trees and -- Commissioner Sarnoff That was insulting. Did I hear 20? Ms. Garcia -Toledo: Yes, for the frees. Commissioner Sarnoff Just for the trees? Ms. Garcia -Toledo: Justfor the frees. Commissioner Sarnoff Did hear 50? Ms. Garcia -Toledo: Justfor the frees. Commissioner Sarnoff Just for the trees. Did I hear 50? Ms. Garcia -Toledo: Well -- Vice Chairman Sanchez: Whoa. Ms. Garcia -Toledo: -- I -- Commissioner, here's the thing. I know that -- my client's not here today. I have a certain level of authority -- Commissioner Sarnoff Okay. Ms. Garcia -Toledo: -- for trees. I'm sure the bike racks are -- you know, are going to be a reasonable amount. I don't think all ofMargaret Pace Park is going to be covered. You probably want 50 or -- how many bike racks? I mean, there's got to be a number. City ofMiami Page 137 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Commissioner Sarnoff Oh, just six. Ms. Garcia -Toledo: I'm sorry? Commissioner Sarnoff Just six bike racks. Ms. Garcia -Toledo: Oh, six bike racks. Okay, so trees and bike racks; absolutely not a problem. Is the park ranger something that is going to be shared between all the property owners of the high-rises in this area? Commissioner Sarnoff I'd hope you guys could work that out. Ms. Garcia -Toledo: Because I cannot overcommit my client. If we're talking about a park ranger, we're talking 365 days a year, you know, three shifts. We could be talking into perpetuity a very, very, very high cost that I am not authorized to commit to at this point in time, so I certainly can say, you know, we'll do $20, 000 worth of trees. We'll do -- I'll say 25,000 between the trees and the bike racks. Beyond that, you know -- this park ranger is a brand-new thing. I don't even know if a park ranger that is privately paid and employed can have jurisdiction in a public park. I think those are issues that we would have to really -- Commissioner Regalado: No. Park rangers were on the budget for the different parks, and we discussed on the last meeting whether or not the commercial or the mural -- not mural, the advertising in the parks would be used for each park to do the enhancement and park rangers, so I don't know if -- I mean, park rangers belongs to the Parks Department. I don't know if they would be -- Ms. Garcia -Toledo: What we could probably facilitate is a small office in our lobby to -- for the City to run their park ranger for the area out of. I'm sure that that will not be a problem. Commissioner Sarnoff Done. Ms. Garcia -Toledo: Okay. Vice Chairman Sanchez: All right. There's a motion and a second, and things have been proffered on the record. They have been proffered. Ms. Chiaro: I wanted to be clear that these proffers were made voluntarily on the record. Ms. Garcia -Toledo: Absolutely. It is -- Commissioner Sarnoff I said I'm sure she wanted to do that. I was just -- Ms. Garcia -Toledo: Let me put that very clearly on the record. What is good for the neighborhood is good for my client -- Vice Chairman Sanchez: All right. Ms. Garcia -Toledo: -- and for my client's project -- Vice Chairman Sanchez: Very good. Ms. Garcia -Toledo: -- and I think this is an excellent idea -- Vice Chairman Sanchez: All right. City ofMiami Page 138 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Ms. Garcia -Toledo: -- and -- Vice Chairman Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Mr. Harrison Robbins: Thankyou -- Vice Chairman Sanchez: All right. Thankyou. Mr. Harrison Robbins: -- gentlemen. Ms. Garcia -Toledo: Thank you. Vice Chairman Sanchez: Let's -- Mr. Harrison Robbins: I just want to make certain that you do look aril/Is. Sfraus's CV, which you know that -- you'll see that she's more than qualified to -- Vice Chairman Sanchez: Thank you. Mr. Harrison Robbins: -- answer those questions. PZ.16 04-01208 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY THE MORNINGSIDE CIVIC ASSOCIATION, INC. AND ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ, AFFIRMING OR REVERSING THE DECISION OF THE MIAMI ZONING BOARD, THEREBY APPROVING WITH CONDITIONS OR DENYING THE CLASS II SPECIAL PERMIT APPLICATION NO. 03-0309 ISSUED BY THE PLANNING DIRECTOR ON JULY 21, 2004, TO ALLOW NEW CONSTRUCTION FOR THE PROPERTY LOCATED AT APPROXIMATELY 5101 BISCAYNE BOULEVARD, MIAMI, FLORIDA. City ofMiami Page 139 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 04-01208 Legislation (Version 2).PDF 04-01208 Exhibit A.PDF 04-01208 Legislation (Version 3).PDF 04-01208 Exhibit A.PDF 04-01208 Zoning Map.pdf 04-01208 Aerial Map.pdf 04-01208 ZB Appeal Letter.PDF 04-01208 ZB 10-04-04 Reso.PDF 04-01208 Class II Appeal Letter.PDF 04-01208 Class II Final Decision.PDF 04-01208 Plans.PDF 04-01208 UDRB Reso.PDF 04-01208 Class II Referral.PDF 04-01208 CC 11-18-04 Fact Sheet.pdf 04-01208 CC 05-26-05 Fact Sheet.pdf 04-01208 CC 07-28-05 Fact Sheet.pdf 04-01208 CC 07-28-05 Fact Sheet.pdf 04-01208 ZB 02-26-07 Fact Sheet.pdf 04-01208 ZB 04-09-07 Fact Sheet.pdf 04-01208 ZB 05-21-07 Fact Sheet.pdf 04-01208 ZB 07-09-07 Fact Sheet.pdf 04-01208 ZB 07-09-07 Reso.PDF 04-01208 City Attorney Documents.pdf 04-01208 October 4, 2005 ZB Transcript.pdf 04-01208 CC 10-25-07 Legislation (Version 6).pdf 04-01208 CC 10-25-07 Legislation (Version 7).pdf 04-01208 CC 10-25-07 Fact Sheet.pdf LOCATION: Approximately 5101 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPELLANT(S): Michael A. Sastre, Esquire, on behalf of the Morningside Civic Association, Inc., Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz, Adjacent Property Owners APPLICANT(S): Susan E. Trench, Esquire, on behalf of Chetbro, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and uphold the Zoning Board's decision of the director's decision. ZONING BOARD: In accordance with the amended opinion of the Circuit Court Appellate Division in Dougherty, et. al. v. City of Miami, et. al. (11th Circuit Court Appellate Division Case No. 05-409AP), amended opinion dated July 14, 2006, the Zoning Board adopted the stipulation on July 9, 2007 by a vote of 5-0 on the record of the appellant and appellee agree that the decision of the Miami Zoning Board is waived and that the Class II Special Permit be heard by the City Commission. PURPOSE: The approval of this appeal will not allow the new construction of a mixed -use structure. NOTE: On November 18, 2004 and September 22, 2005, the City Commission City ofMiami Page 140 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 granted the appeal. On July 14, 2006, the Circuit Court ruled to quash the City Commission's decision and remanded this case for proceedings. INDEFINITELY DEFERRED PZ.17 07-00795zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 36, 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 "SD-16.2" SOUTHEAST OVERTOWN-PARK WEST COMMERCIAL -RESIDENTIAL DISTRICT TO "SD-16.2" SOUTHEAST OVERTOWN-PARK WEST COMMERCIAL -RESIDENTIAL DISTRICT WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, F.A.R. OF 4.6, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 525 AND 533 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-00795zc Analysis.pdf 07-00795zc Zoning Map.pdf 07-00795zc Aerial Map.pdf 07-00795zc Application & Supporting Docs.pdf 07-00795zc ZB 07-30-07 Fact Sheet.pdf 07-00795zc ZB Reso.PDF 07-00795zc CC Legislation (Version 2).pdf 07-00795zc Exhibit A.pdf 07-00795zc CC FR 10-25-07 Fact Sheet.pdf 07-00795zc CC FR 11-09-07 Fact Sheet.pdf LOCATION: Approximately 525 and 533 NW 2nd Avenue [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Urbana Holdings, LLLP FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on July 30, 2007 by a vote of 5-2. PURPOSE: This will change the above properties to SD-16.2 Southeast Overtown-Park West Commercial -Residential District with an SD-19 Designated F.A.R. Overlay District, F.A.R. of 4.6. DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Sarnoff, and was passed unanimously, with Chairman Gonzalez and Commissioner Spence -Jones absent, to defer item PZ.17 to the Commission meeting currently scheduled for November 9, 2007. Vice Chairman Sanchez: All right. Let's go to the last PZ (Planning & Zoning) item, which is PZ.17, and that's a zoning change. All right. I'm here to inform you that Commissioner Spence -Jones had to leave to an event, so we are down to three Commissioners. All right. City ofMiami Page 141 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Roberto E. Lavernia (Chief of Land Development, Planning Department): PZ.17 is a -- Vice Chairman Sanchez: PZ.17. Mr. Lavernia: -- zoning -- Vice Chairman Sanchez: Let's go. Mr. Lavernia: -- change in order to add SD-19 designated FAR (floor area ratio) overlay disfrict with an FAR of 4.6. The Planning Department is recommending denial, finding that the SD-19 is a disfrict that was created as an instrument to modify, increase, or decrease the FAR on a specific property within the City. The subject property currently have an SD-16.2, with a maximum FAR of 4.0 for any permissible use. The change of zoning is the -- with the purpose to increase the FAR to 4.6. Reasonable development without the additional requested FAR could be done in accordance with the future redevelopment plan of the area. The requested SD-19 increase the FAR to 4.6 could set a negative precedent, creating a domino effect in regard to future zoning change applications in the area, so we're recommending denial of the application as presented. Vice Chairman Sanchez: Also, your recommendation is denial? Unidentified Speaker: Yes, sir. Vice Chairman Sanchez: All right. Is there anyone in opposition to this item? Okay. Madam Applicant. Lucia Dougherty: Good evening, Mr. Chairman and members of the Commission. Lucia Dougherty, with offices at 1221 Brickell Avenue, here today on behalf of the owner and the applicant, and joining me this evening is Jorge Arrevalo, who's the principal and the applicant. This is a request to impose an SD-19 overlay in order that this condo office building could have an additional 18,000 square feet and 10 feet 11 inches more in height. It is located in the Southeast Overtown/Park West redevelopment area. Pamela E. Burns (Assistant City Clerk): Excuse me. You're not on the microphone. Ms. Dougherty: It is located in the Southeast Overtown -- south -- Overtown/Park West redevelopment area, and on this map you'll see it's in this little yellow area. Immediately adjacent to it is the -- is an office building that has exactly the SD-19 overlay that we are requesting in this application, and if you look at this particular map, you'll see that the location - - this is the one that is already approved with this SD-19 overlay. The one immediately adjacent to it is the one we're asking for an approval tonight. This is the Crosswinds project, just to give you a location. This is a brand-new office building that has been constructed by Dade County, and of course, this is the old Dade County office building. This is a -- this is where the post office is in relationship to the site; right here's the site. This is the City ofMiami office buildings. This is the State of Florida buildings, and these are the Metrorail garages. Again, the arena -- just to locate you -- logic -- the original building, which has the SD-19 on it, immediately adjacent to this property, and the building that we are currently requesting today, and I suggested that we are asking for an additional 18,000 square feet. With this 18,000 square feet, we have an FAR of 140,000 square feet of office -- condo/office, and the reason we're asking for this is offices are very different than residential. In other words, in that office disfrict -- or office FAR, many things that make it a first-class office building is included in the FAR. In other words, if you have a conference room or if you have a gymnasium, all the things that make a first-class office building is included in the FAR, unlike for residential. In other words, residential does not include gymnasiums, card rooms, public spaces, recreational areas, and that's one of the differences between office and why we are requesting this additional FAR. Now City ofMiami Page 142 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 why we think this FAR is logical in this area, you can see this is downtown; it's unlimited FAR. This project -- this property right here, which is immediately adjacent to it, is a 4.6 FAR, which is what we're requesting today. Again, this is a four point -- immediately adjacent to our property is exactly what we're asking for today, so that we have a office building that is immediately adjacent to it which has the FAR overlay that we're asking for; has been sold out, which is because you have all of these government buildings very close by. The one that we're requesting today, we think we have about 60 percent reservations for, again, a condo/office building in the Southeast Overtown/Park West redevelopment area. With that, I know that you've -- you're very patient today, and I want to be very brief. Commissioner Sarnoff All right. Vice Chairman Sanchez: Well, let's go ahead and do something on this item. The district Commissioner is not here. We have the Chair that's not here. I think we should have a full Commission on this, so I would respectfully request, through the Chair, that we defer the item. Commissioner Sarnoff We have a motion? I'll -- you handed me the gavel, so if you want to make a motion. Vice Chairman Sanchez: I'm making the motion -- Commissioner Sarnoff Oh. Vice Chairman Sanchez: -- to defer it. Commissioner Sarnoff Do we have a second? Vice Chairman Sanchez: He needs to second it, or else you pass the gavel to him. Commissioner Regalado: Oh. Commissioner Sarnoff Second. Commissioner Regalado: Oh, third. Vice Chairman Sanchez: All right. The item is being deferred. Ms. Dougherty: And may we have the date certain of your November -- Vice Chairman Sanchez: Absolutely. We'll go ahead and -- the next PZ -- Ms. Burns: I'm sorry, but we don't show a vote. Vice Chairman Sanchez: A vote? Okay. Commissioner Sarnoff Oh. All in favor, please say "aye." Vice Chairman Sanchez: And we'll place it at the next PZ agenda. Ms. Dougherty: Which is in November. Thank you. Vice Chairman Sanchez: Okay. All right, so -- Commissioner Sarnoff What are we doing? Next. What do you want to do next? You want to do PZ.18? City ofMiami Page 143 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Vice Chairman Sanchez: No, they're -- Jorge L. Fernandez (City Attorney): Those have been continued. Commissioner Regalado: PZ.19. Commissioner Sarnoff Continued -- Vice Chairman Sanchez: Yeah. Commissioner Sarnoff --19. Vice Chairman Sanchez: Those -- Mr. Fernandez: 17 and 18 and 19 -- Vice Chairman Sanchez: We're -- Commissioner Sarnoff Continued? Vice Chairman Sanchez: -- down to the blue pages, and -- Commissioner Sarnoff Blue pages. Vice Chairman Sanchez: -- ifI could be recognized, I'll go ahead and do the Chair's, which is a resolution -- You could go ahead and chair it. Go ahead. Chair the meeting, yeah. Commissioner Regalado: Okay -- Commissioner Sarnoff The blue page? Vice Chairman Sanchez: Yeah. Commissioner Regalado: -- so PZ.18 is defer? Mr. Fernandez: Yes -- Vice Chairman Sanchez: Yes. Mr. Fernandez: -- as well as 19, earlier in the morning. Commissioner Regalado: Oh, okay. Okay. Commissioner Sarnoff I didn't know that either. Commissioner Regalado: I didn't know that. Vice Chairman Sanchez: All right. PZ.18 07-00391Iu ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF First Reading City ofMiami Page 144 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 THE PROPERTIES LOCATED AT APPROXIMATELY 1252, 1262 AND 1272 SOUTHWEST 21ST TERRACE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-00391Iu-PAB Supporting Documentation.pdf 07-00391zc CC Land Use Map.pdf 07-00391Iu Aerial Map.pdf 07-003911u PAB Reso.PDF 07-00391Iu CC Application Supporting Documents.pdf 07-003911u CC Legislation (Version 2).pdf 07-00391Iu & 07-00391zc Exhibit A.pdf 07-003911u CC FR 10-25-07 Fact Sheet.pdf LOCATION: Approximately 1252, 1262 and 1272 SW 21st Terrace [Commissioner Joe Sanchez - District 3] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Ive Group One, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on April 4, 2007 by a vote of 9-0. See companion File ID 07-00391zc. PURPOSE: This will change the above properties to Restricted Commercial. DEFERRED Item PZ.18 was deferred to the Commission meeting currently scheduled for December 13, 2007. PZ.19 07-00391zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 38, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT TO "C-1" RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1252, 1262 AND 1272 SOUTHWEST 21ST TERRACE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 145 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 07-00391zc ZB Analysis.PDF 07-00391zc ZB Zoning Map.pdf 07-00391zc Aerial Map.pdf 07-00391zcApplication & Supporting Docs.PDF 07-00391zc ZB 05-14-07 Fact Sheet.pdf 07-00391zc CC Analysis.PDF 07-00391zc ZB Reso.PDF 07-00391zc CC Zoning Map.pdf 07-00391zc CC Legislation (Version 2).pdf 07-00391Iu & 07-00391zc Exhibit A.pdf 07-00391zc CC FR 10-25-07 Fact Sheet.pdf LOCATION: Approximately 1252, 1262 and 1272 SW 21st Terrace [Commissioner Joe Sanchez - District 3] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Ive Group One, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on May 14, 2007 by a vote of 9-0. See companion File ID 07-003911u. PURPOSE: This will change the above properties to C-1 Restricted Commercial. The applicant has proffered a covenant for these properties. DEFERRED Item PZ.19 was deferred to the Commission meeting currently scheduled for December 13, 2007. City ofMiami Page 146 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 07-01321 PRESENTATION PRESENTATION REGARDING "ELEVATE MIAMI": RITES OF PASSAGE. 07-01321 Mayor's Presentation.pdf PRESENTED Chairman Gonzalez: And before going into the consent agenda, Mr. Mayor, you're recognized. I believe that you have an item with Mr. Crew. Mayor Manuel A. Diaz: Yes. Thank you, Mr. Chairman, for the courtesy extended, particularly to Dr. Crew, who's here with us today. We have discussed with some of you this very, very exciting only one of its kind, as far as we know, program in the United States that we're referring to as Elevate Miami/Rites of Passage. As all of you know, because you strongly supported and approved our education compact with the school system a couple ofyears ago, we have been working very, very closely, because all of us, I believe, are extremely committed to education in our city, and recognize that everything that we do with regard to all the other initiatives that we take on as elected officials of the City ofMiami really are so dependent on improving the educational system within our city and graduating the kind of kids that are going to be productive members of our society, so we've worked very hard, and we've seen very positive results in terms of student achievement throughout City schools. The capital program that the Superintendent and the School Board members have engaged in to either build new schools or repair, rehabilitate the existing schools from the city has been very -- also very strong, and finally, the community involvement and the parental involvement with the Parents Academy and other programs have also worked very well, so I'm proud to say that the compact that we entered into a couple ofyears ago has seen very, very positive results, and now what we're doing is we're really taking it to the next level. Superintendent and our staff and his staff had been meeting for some time to develop this program that is before you today premised on a couple of basic principles. One is the fact that we have to give our children goals to shoot for, and so often today the goal is either passing an FCAT (Florida Comprehensive Assessment Test) exam or simply just going through the system and not really having a sense of direction in their lives, and I think, when all of us were going through school, it was very different than that, and so this program addresses that, and the other aspect of it is, as you know that our children today in Miami are no longer competing with children from Florida and children from the United States, but they're competing from children -- with children from New Delhi and Shanghai and London and Madrid and Buena Aires and other parts of the world because we are becoming a more and more global society, and if we don't give our children the kind of tools that are necessary for them to compete in this global world when they graduate, then we are doing them a tremendous injustice, and in return, sealing a negative fate for the future of our city, and so this program, which Dr. Crew will explain, which seeks to work at three different grade levels, third grade, fifth to sixth grade, and then, finally, juniors and seniors, create certain benchmarks for our students in the City ofMiami to meet, and if, for example, in the fifth to sixth grade category, if they meet those benchmarks -- there's a curriculum that has been developed exclusively as part of this program by the School Board administration -- they will, for example, be granted a computer as they enter into the sixth grade, so it's a very exciting program. It's already getting a lot of attention from people that have been reading about it, not just locally, but nationally, and I think, hopefully, it'll serve as a model for the rest of this country and for the rest of this county and for the rest of this country, so with that, I introduce you to Dr. Rudy Crew. City ofMiami Page 147 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Rudy Crew: Thank you. Mr. Chairman, members of the Commission. Thank you very much, Mr. Mayor. I think, as the Mayor said so ably, this really is an opportunity for us to acknowledge that there are skills that our young people need far beyond the realm of being able to read and write and do mathematics and science appropriately. We obviously never want to minimize that. We still believe that that is the centerpiece of our work. However, there are other skills that we, through this program, really want our young people to have, and we are using this program as a way of really accomplishing two things. One, acknowledging that those skills are valuable, and then literally helping, through this curriculum, to teach those skills, but secondly, we're really sort of replacing something that society, in our case, has lost, which is the opportunity to sort of acknowledge that there are developmental thresholds that kids move beyond, that they move through. Third grade, when you actually finish your academic studies, in many cases, when you have mastered some disciplines, it's very common that there is something that happens for you. In this case, through the Rites of Passage and Elevate Miami program, what we're really talking about is that a third grader really ought to have an arts or a culture pass, and that pass would entitle them to -- and their families -- opportunities that exist in our arts community, whether it be to sit in and participate in as an audience member for one of the programs here in the Performing Art [sic] Center, or it could very well be that they get an opportunity to participate in other cultural events throughout the entire county and city. The idea here is that they look forward to doing that, and that they have some degree of motivation that's tied to what they did, and therefore, what they received in response to it. The sixth grade - - the fifth go sixth grade, I think the Mayor has put his finger right on it. This is less necessarily about just a computer and more acknowledging that there are social skills, that there's a whole bandwidth of skills that kids need to have from shaking a hand to knowing how to stand and talk correctly and to speak with a sense of dignity and honor and respect, and to embrace that as a daily sort of habit of life. As we think about young people going directly then from their junior or senior year into the world of work, our hope through this program is that these young people would then have an internship; that we would literally provide every one of those youngsters with an opportunity to match not just their career interests, but their skill set that they've acquired over the course of these years with exactly what's going to be asked of them in the workplace. Many of these young people, as you well know, have been looking for ways of being able to, as they call it, "get a hookup," and that hookup for us is specifically to get connected to their career interests, intrinsically to believe that they not only have a rightful place in the economy, but that they have the skill set necessary to be successful in that place. We are very thankful, and I speak on behalf of our entire board when I say that this initiative with the Mayor has been the source of tremendous conversation internally to the system and will continue to be a source of pride, I think, as we go forward operationally at the grade levels that have been specified. Thank you very much. Chairman Gonzalez: Thank you. Mr. Mayor: Mr. Chairman, I just want to acknowledge just -- first of all, let me acknowledge that yesterday Vice Chairman Sanchez was a Principal for a Day at Miami High, and I -- Commissioner Spence -Jones: Really? Mr. Mayor: -- heard he did a great job. He may want a permanent day job. Vice Chairman Sanchez: No, no. No, no, no, no. Mr. Mayor: Our City Manager, Pete Hernandez, was also a Principal for a Day, and I went by and saw him, and all he was doing was eating scrambled eggs and ham at the school, and Larry Spring was also a Principal for a Day. He was walking around with a walkie-talkie and actually being a real principal. Now, as far as the program is concerned, Elevate Miami, I want to point out that IT, or Information Technology, Communications, Grants, Parks, Access Miami, and GSA (General Services Administration) departments were -- have been outstanding in helping us City ofMiami Page 148 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 develop this program, and I also want to thank some of our other partners, obviously, the Miami -Dade County School System, Microsoft -- and I don't know ifMaria is here, but if you are, wave -- who's been a great partner of ours, Intel, Comcast, Dell, McAfee, Perscolis, Miami -Dade College, and the University ofMiami, and finally, Mr. Chairman, we have a brief two -minute -- three -minute video that we'd like to show. Thank you. Chairman Gonzalez: Go ahead. Video presentation made. Mr. Mayor: Thank you, Mr. Chairman. Chairman Gonzalez: Thank you. Commissioner Spence -Jones: Mr. Chairman, I just do -- I do want to acknowledge and commend the Mayor and the, of course, Superintendent, for your vision, and I can honestly say, you know -- I won't be long -- how important it is to -- you know, we work here everyday to build our communities, but the reality is that we can't build our communities without building our schools, and just the mere fact that you guys have come together and created this partnership -- I see a tremendous difference in my district, which was one of the most neglected districts -- school dis -- schools in that particular district change in a matter of two years, and I think it's really important to acknowledge people when they do a great job, so I wanted to tell you I'm very excited about this project, butl continue to be excited about your wonderful partnerships or the partnership that we have with the School Board, so well done. Vice Chairman Sanchez: Mr. Chairman. Chairman Gonzalez: Yes, sir. Chairman Gonzalez: Mr. Chairman, good morning. I've been following this initiative. I think this is, by far, a wonderful initiative, and I'm sure that it's going to be picked up by possibly other cities and possibly other governments throughout the United States. I agree with you, that we have to teach our students the importance of respect and hard work, and through that, great things could be accomplished. One of the things that want to mention on this is that also the participation you've gotten from companies that'll be offering the interest -- intership [sic], which is Carnival Cruise Line [sic], Bank ofAmerica, Baptist Hospital, and other companies. That's great for them to be able to bring these kids on to work in an environment and allow them an opportunity to experience that, and hopefully, that's -- that'll be the beginning of a long career for them, but another important aspect of this initiative is the parent participation, which I think is very, very important. That is the key to higher education. It's parents taking time with their children, and reading to them, and providing that role model that they deserve, so once again, this is a great initiative, and I want to take the opportunity to praise both of you, Mr. Superintendent, Mr. Mayor, for this great initiative. This is wonderful. Thank you. Chairman Gonzalez: Any further comments? Pedro G. Hernandez (City Manager): Mr. Chairman -- Chairman Gonzalez: All right. Thank you. Mr. Hernandez: -- ifI may real quickly, I would like to express my thanks to the Superintendent. I had a very good experience at Eneida Hartner in Wynwood, a well -run facility by Dr. Orlando Gonzalez. I had a good experience. City ofMiami Page 149 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 DISTRICT 1 CHAIRMAN ANGEL GONZALEZ D1.1 07-01326 DISCUSSION ITEM DISCUSSION REGARDING THE ALLOCATION OF $10,000 FROM COMMISSIONER ANGEL GONZALEZ OFFICE BUDGET TO LATINOS UNITED IN ACTION CENTER, INC. 07-01326 Cover Email.pdf DISCUSSED Discussion on the item resulted in the resolution below: 07-01326a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN THE AMOUNT NOT TO EXCEED $10,000, FROM THE DISTRICT 1 OFFICE BUDGET, TO THE LATINOS UNITED IN ACTION CENTER, INC. 07-01326a-Legislation.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-07-0621 Commissioner Sarnoff All right. Do I have my --? You want to go first, right? Vice Chairman Sanchez: Excuse me? Commissioner Sarnoff You want to go first -- Vice Chairman Sanchez: Yes. Commissioner Sarnoff -- for your blue pages? Vice Chairman Sanchez: Yes. Commissioner Sarnoff Go ahead. Vice Chairman Sanchez: Thank you. I have an item from the Chair, who is not here. It's a simple resolution. It's a resolution of the City ofMiami Commission authorizing the allocation of funds, in the amount not to exceed $10,000, from his account, not mine. I want to make it very clear -- from District 1 office budget to the Latino United in Action Center, Inc., and therefore, on behalf of the Chair, I would move this item. Commissioner Regalado: Second. Commissioner Sarnoff All in favor, please say "aye." The Commission (Collectively): Aye. City ofMiami Page 150 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 07-01309 DISCUSSION ITEM DISCUSSION REGARDING THAT THE CITY OF MIAMI SHALL NOT PURCHASE BOTTLED WATER IN CONTAINERS THAT ARE LESS THAN TWO LITERS, WITH THE EXCEPTION OF EMERGENCY CONDITIONS SUCH AS HURRICANES. 07-01309 Cover E-Mail.pdf 07-01309-Submittal-Plastic Pollution Photos.pdf 07-01309-Submittal-Bottled Water Article .pdf 07-01309-Submittal-Plastic Pollution Photos.pdf DISCUSSED Vice Chairman Sanchez: Commissioner Sarnoff you're recognized for the next item. Commissioner Sarnoff Blue pages, and I'd like to bring three items together. This is a motion -- really, a discussion, I apologize -- regarding the City ofMiami shall not purchase bottled water in containers that are less than two liters, with the exceptions of emergency conditions, such as hurricanes. I've -- including plastic bags and Styrofoam, and there's a discussion regarding the use of plastic bags in accordance with the San Francisco ordinance, which was passed in March, and coupled with a request for hybrid vehicles. I'd like to show you something of a photo display or a PowerPoint presentation, which is pretty compelling as to what is going on regarding the use of plastic and how we dispose of plastic, so if we could start with the first slide. What you're looking at here is 166 bottles of water consumed by the average American each year; 8 out of 10 -- so 80 percent of the number of bottled waters go unrecycled [sic]. They end up in our landfills and in our incinerators. It -- estimated, it takes 1,000 years for the plastic to decompose, and for all of you that think you're being ecologically wise by recycling, just think of the carbon footprint you're creating in requiring the meltdown and the transportation of all of that plastic bottles. For those of you that don't know, bottled water is actually not any cleaner, so it's no cleaner than tap water, and it's unregulated. It takes 1.5 million barrels of oil a year to produce plastic that Americans use each year to fuel one -- and that would be the same as fueling 100,000 cars for a year. An estimated 40 percent of the bottled water sold in the United States is simply filtered water. Now we're going to come back to this one, but just everybody hold this for a moment, a thought. What you're looking at is a vortex in the Pacific Ocean. You're going to see this in about four slides move. You're going to see what it's created. This vortex is a circulation of plastic in the Pacific Ocean that is greater than the size of Texas. It exists now, and it's -- it continues to just swirl around. Each year, millions of sea animals are killed or suffer health issues simply because of our plastic pollution. Eighty percent of the plastic is land based. We're going to come back to this in a moment, but let's get to the City of Miami. You're looking at the effects of plastic in our city. You are looking at our drain system, all of our storm drains. We spend 4.5 million a year on cleanup in the City ofMiami. About 15,000 inlets each year are cleaned here. There are 29,000 inlets in the City ofMiami. This is just an example of two 20-cubic yards of containers that are filled every week in the City of Miami, every week. These pictures, by the way, come from Public Works. Storm drain sewers around the City ofMiami are consistently and constantly filled with debris. We do not even make the national average, so anybody who thinks that we are recycling is sadly mistaken. The only recycling we do is into our own drain fills, and as you all know, one of the biggest problems in Miami is our flooding. Most of our flooding is caused as a result of the sewers being clogged. Now for those of you that think that this is sophisticated litiga -- sophisticated legislation, in Maharashtra, India, the sale and the use of plastic bags was banned because they tended to choke their drain system and sewage. BBC (British Broadcasting Company) News published an City ofMiami Page 151 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 article on the 24th ofAugust 2005 because of the problems that this Indian state was having with the pollution of plastic bags and the clogging of storm drains, which killed over 2,500 people in - - I'm sorry, in 2005, killed 1,000 people. This is a problem that's on a national -- international scale, and this is not simply a Miami problem, but just to give you an idea. Third -world countries are seeing the reality before this first -world country or this modern city, Miami, is even considering. This is what we see day in and day out. This is what Public Works is faced with day in and day out. The areas that contribute most pollution are the downtown, Overtown, Latin Quarters, and Allapattah. This is where we simply do not recycle. The San Francisco Mayor, Gavin Newsom, signed an executive order banning the use of any city funds to buy single -service plastic water bottles. This will result in a savings of $6 million annually to the city. Now this is the slide I'd like you to look at. This is the vortex that exists in the south pacific. If you see on the right, you'll see that's California and you'll see Japan. That's land -based plastic debris coming from people just not being careful or being considerate with their environment. If you just look at what happened in two years, if you just look at it going on in three years, and if you just look at it in four years, five years, and now six years, you're looking at two objects greater than the size of Texas. This plastic remains consistently and persistently throughout the south pacific. It is going nowhere. It goes in a circular pattern. I know you're probably thinking what does this global problem have to do with our local solution? Well, unless we start acting locally, we will never get to the global solution. I implore the City Manager, as a first step, to do something that I've broken for many, many years. I use plastic bottles all the time. This is the last plastic bottle I will pick up to use in the City ofMiami. I ask everyone else and I ask the City Manager to consider no longer purchasing plastic bottles, with the exception of in a hurricane or other emergency condition. Now this is just the start of the conversation because if we don't start getting a grip on the plastic bags as well, we're just going to continue two things; one, the pollution, and two, the need for oil, and if you'd like to not be in places that you don't think you belong, you can do something about it. You can start driving a car that gets great gas mileage. You can stop using plastic bags. You would be saving, with just two steps in your life -- I've been handing these out to District 2 residents. Anyone else is welcome to them. If you go to the Publix and you start using a bag and not a plastic bag, a reusable bag, right there you will save 155,000 gallons a year of gasoline. If you got a car that simply got seven more miles per gallon, you would need to import three million less barrels of oil a year, and that would just be in the City ofMiami, so for all of you that don't think you can do anything, it's just a little bit of inconvenience and rethinking. If we just take ten minutes of our day and think to ourselves what could I be doing to not harm the environment? What could I be doing to make this world a slightly better place? What could I be doing to not pollute? And very simply and the easiest solution is, when you have something in your hand and you can't find a garbage can, hold onto it. It doesn't need to go onto the ground. This is important for all of us. It's the very beginning of a conversation. I've had conversations with some of the retailers in Miami. I know some of them are not in favor of it, saying that people will only use plastic. In Europe, they've been using canvas bags for the better part of 15 or 20 years. We need to start thinking about how we can improve our environment, and we're very lucky here. We're very lucky because we have a beautiful environment, but maybe not because of ourselves, maybe because ofMother Nature, so with that, I want to thank you for enduring this conversation and thinking about this conversation, but maybe two or three people listening to this conversation will take some action. I certainly did not know that there was a vortex in the south pacific that is the size of two -- two times the size of Texas that, simply put, plastic just swirls around, and I suspect most of you didn't know that either. Thank you all very much. Vice Chairman Sanchez: All right. Anything else? Commissioner Sarnoff That's it. Vice Chairman Sanchez: Any other item? If not, there's a motion to adjourn is always in -- Commissioner Sarnoff So move. City ofMiami Page 152 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Vice Chairman Sanchez: All right. Motion to adjourn. Commissioner Sarnoff Second. Vice Chairman Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Meeting is adjourned. Thank you. D2.2 07-01310 DISCUSSION ITEM DISCUSSION ON THE RESTRICTED USE OF PLASTIC BAGS IN ACCORDANCE WITH THE ATTACHED ORDINANCE PASSED BY SAN FRANCISCO THIS PAST MARCH. 07-01310 Cover Email.pdf 07-01310 Attachment.pdf 07-01310-Submittal-About Bottled Water.pdf 07-01310-Submittal-Bottled Water Article.pdf 07-01310-Submittal-Plastic Pollution Photos.pdf 07-01310-Submittal-Slide Presentation.pdf DISCUSSED Note for the Record: Please refer to item D2.1 for minutes referencing item D2.2. D2.3 07-01311 DISCUSSION ITEM DISCUSSION ITEM REGARDING THAT THE CITY OF MIAMI REQUEST THAT MIAMI DADE COUNTY REQUIRE THE USE OF HYBRID VEHICLES AS PART OF THE TAXI FLEET IN ACCORDANCE WITH MAYOR BLOOMBERG'S PLANYC. 07-01311 Cover Email.pdf 07-01311 NYC Press-Release.pdf 07-01311 NYC Newspaper Article.pdf DISCUSSED Note for the Record: Please refer to item D2.1 for minutes referencing item D2.3. D2.4 07-01316 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE WAIVER OF THE POLICE SURCHARGE, FIRE ASSEMBLY PERMIT FEE, AND THE RENTAL COST FOR THE PODIUM/PUBLIC ANNOUNCEMENT SYSTEM, TO BE USED IN CONJUNCTION WITH THE CAMILLUS HOUSE THANKSGIVING DINNER, TO BE HELD ON THURSDAY, NOVEMBER 22, 2007, FROM 7:00 A.M. TO 3:00 P.M., AT NORTHEAST 8TH STREET, BETWEEN NORTHEAST 1ST AVENUE AND NORTH MIAMI AVENUE, MIAMI, FLORIDA. 07-01316 Legislation.pdf NO ACTION TAKEN City ofMiami Page 153 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ D3.1 07-01298 DISCUSSION ITEM DISCUSSION CONCERNING THE FUTURE OF THE ORANGE BOWL. 07-01298 Cover Email.pdf MOTION A motion was made by Vice Chairman Sanchez, seconded by Commissioner Regalado, and passed unanimously, with Chairman Gonzalez and Commissioner Spence -Jones absent, directing the Adminisfration to report back to the Commission, within 30 days, regarding the progress of negotiations concerning the Florida Marlins and the Orange Bowl; further requesting the Florida Marlins, within 30 days, to announce whether they are interested in building a stadium at the Orange Bowl site. Vice Chairman Sanchez: Mr. Chairman, on the blue pages, I have three items. I want to go ahead and take up an item that we've had people that have been here all day today, and we certainly appreciate them being here, butt know it's been a long day for them, as it has been for us, and that item is pertaining to the Orange Bowl and what the future of the Orange Bowl is going to bring. You know, uncertainty is creating a lot of issues for us here at the Commission, as well as the people that I represent in my disfrict because the Orange Bowl lies within my disfrict. There's been a lot of concern as to what's happening with the negotiations between the City and the Marlins and Major League Baseball, and I believe that losing patience with the Marlins, not only am I, but, I guess, maybe the Adminisfration is, and people are starting to inquire as to what's happening, and what I'd like to do before I get into making some recommendations as to what may be the future of the Orange Bowl -- because right now it's uncertain -- I believe that the Adminisfration should give us a report exactly where we're at in this nego -- these negotiations. Mr. City Manager. Pedro G. Hernandez (City Manager): Mr. Chairman, allow me a couple of minutes just to give you an update as to what's transpired, I would say, probably over the last eight to nine months. In the early part of the year -- early part of '07, the County and the City and the Marlins, in essence, had an agreement to construct a stadium, at that time, a nonspecific site for 490 million, and the gap that we had was 30 million, and in those days, we were applying to the state legislature for the 30 million that we were missing, and that was in the form of 2 million a year in a rebate of the sales tax, and that, over 30 years, would produce a present value of 30 million that would give us the total amount of money that was needed. As you're aware, we were not able to receive those fundings [sic] from the State. At that time, as I said before, we were still considering two sites, downtown and the Orange Bowl. A little later on, the Miami Hurricanes decided to leave the Orange Bowl and play their games at Dolphin Stadium, and a little later on, the downtown site became, I would say, unacceptable due to other land -use commitments that the County had, and the concentrated focus then became the Orange Bowl. Since the Hurricanes are in the process of leaving, the Orange Bowl became, I would say, the ideal site from the perspective of the County, as endorsed by their Board of County Commissioners, and I think that also this City Commission. There's a few items that are pending at this point in time. One of them, the cost of the stadium itself has increased from 490 million; also, because of the fact that, ideally, you would like to get it constructed by the year 2011 to be able to open up that baseball season in 2011. We still have the $30 million gap that we had initially, and the Marlins are having, I would say, difficulties in the fact that they feel that the Orange Bowl site is not as ideal as downtown, as far as their revenues, and their participation would be somewhat less. When you combine the creep in the stadium cost together with the fact that we had that 30 million gap, plus the fact that the Marlins may be contributing less, we do have a greater gap, which has City ofMiami Page 154 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 been, you know, concerning to the City and the County. We have continued to work and negotiate with the Marlins, with Major League Baseball in developing a plan to be able to bridge that gap. The County has recently initiated actions whereby they are authorizing the $50 million that they had from their GOB (General Obligation Bond) allocated to the renovation of the Orange Bowl. They initiated action through a citizens' advisory committee that oversees their bond program, and that item is going to the committee and then to the Commission to, in essence, allow those dollars originally allocated to the Orange Bowl renovation to be used for a stadium at the Orange Bowl, so that's part of the plan to be able to cover that gap, but we still have, I would say, dollars to be covered or, you know, a large amount to be covered, and we continue to negotiate. In the meantime, we, the City, are proceeding with the necessary planning and preliminary engineering steps to conduct a salvage and demolition operation at the Orange Bowl as soon as all the events that we are -- that we're committed for are over, which I know the last game at the Orange Bowl, major game, will be the FIU (Florida International University) game, December 1. There's another event January 4, which is a high school event, and at that time, we anticipate to be in the salvage mode, to be proceeded by demolition, so in spite of what may or may not happen with Major League Baseball, our plans at this point are to proceed forward with the demolition of the facility and to be ready for the development that may come, whether it's a baseball stadium or some other development. Vice Chairman Sanchez: Well, you know, the issue here is that we've been negotiating with the Marlins for quite some time now, and you know, they continue to be the ones applying deadlines, and they're the ones that, apparently, from what I've gathered in briefings is that they are the ones that are continuing to change the bases on us, so, you know, maybe baseball isn't the answer; I don't know. Maybe baseball isn't the answer, but what we should do -- and as you stated -- you gave the names, and we looked it up. Last game, as you state -- for the University ofMiami is on November 10; then December 1, FIU, and then you have a high school game January 4. Mr. Hernandez: Yes. Vice Chairman Sanchez: You know, if we don't somehow come to an agreement of what the future of the Orange Bowl is, January 4, we should commence the demolish of the Orange Bowl Stadium and look at other possibilities. I look at other possibilities in the City as my disfrict is the disfrict that has the less acreage of parks in the City ofMiami. The only decent park that I have in my district is Jose Marti Park. Other than that, if you compare it to other district, I have the least acreage of green space, so therefore, that may be one option that we could explore to create a Central Park in Little Havana in the Orange Bowl, and maybe look at the possibility also of affordable housing, which we may look at. I mean, I heard today one of the Commissioners said that one of the things that they were going to build a high school there. I have not heard about that, so those are the things that we need to be looking at, and I'm sure everyone will benefit from a park. Now I think there comes a time when we have to draw that line and we have to either -- whether it's the parties, whoever we're negotiating with, so we could, you know, find out exactly what's going to be the future. Now let me tell you one thing that I focused on. Whatever happens at the Orange Bowl, speaking to people that feel that the Orange Bowl has a significant historical impact to our city, which it does. It does; the Orange Bowl has many, many histories; one is the Dolphins went 17 and 0; University ofMiami holds five national championships; besides that, other political historical significant [sic], Kennedy came down with the Bay of Pigs, exchanged the flags, so it has a lot of history that we could -- need to focus on, and one of the things that I'm hoping that the Administration is negotiating in this process, whether there's a baseball stadium built or a soccer stadium, or whatever's out there; that you look at a component of preserving the history of the Orange Bowl to showcase what the Orange Bowl has been and continue to be for the City ofMiami, so I just want to elaborate on that and want to focus on what we stated here today, which is very important; that is, if somehow, in 60 days -- and I will proffer a -- you know, there's only three Commissioners. I would like to have all the Commissioners here. I think that we need, as a Commission -- and we City ofMiami Page 155 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 are the legislative body who dictates policy -- is to give you either 30 days or 60 days to come back with an agreement with a baseball option, or else we'll explore other options, and there're many, many other options because I don't know exactly where we're at with the Marlins yet, and I hear articles -- I read articles in the Herald;; I listen to the news, and apparently, you know, we have someone sitting at the poker table who may not have plenty of chips. Mr. Hernandez: Commissioner, I agree with your statements, and I think that -- in six weeks, we have a meeting in December -- December 13; meeting is in six weeks, and I think that that will be a good time for the Administration to report to your concerns on the status of the Orange Bowl, the possibility of the stadium there, and the ongoing negotiations with the Marlins and Major League Baseball. Vice Chairman Sanchez: All right, so I -- Commissioner Regalado: Can I --? Vice Chairman Sanchez: -- would make a motion that the Administration report to the full Commission as to the negotiations and exactly what the process that's taking place at the Orange Bowl because, once again, the thing that I think it's affecting all of us, including the residents that live around the baseball stadium, is the uncertainty. They hear now that -- I don't know how much parking is going to be built. You realize those people pay their taxes on income earned -- people parking in their property. It has become a tradition, so the other aspect that I wanted to touch on is also, when we built something out there, you know, we want to make sure that our community benefits from it, people that need jobs, and if you think that we don't need jobs in this city -- that construction boom is about to end. You're going to have a lot of skilled workers that are not going to have work, and these people are people that have benefited for the last five to six years, making a decent salary in a construction site. Most of those individuals don't even have a high school degree; are skilled workers only in construction, and guess what? They have two options. One, they could leave our city and go to other cities seeking employment under construction, or two, they could go out on the streets and find other jobs, and believe me, it -- you know, it doesn't take a rocket scientist to figure out that when the economy is bad, crime is up, and that's another issue that I'll be discussion on -- in my blue pages, so we have Fred Frost who's here who wants to address the issue. Unidentified Speaker: IfI would, Commissioner, I'll -- Vice Chairman Sanchez: Briefly, yes. Mr. Hernandez: Commissioner, if you allow me real quick. I think that I'm optimistic that this will work out; that we can have the stadium at the Orange Bowl. It's going to take some additional work. However, it's very important to note that with a stadium, or even any other development, that whatever is done there enhances the quality of the neighborhood around it and it takes it into account as it's part of the history of the Orange Bowl area. Vice Chairman Sanchez: Well, we're certainly hoping on that. Commissioner Regalado: Can I say something before --? Number one, the mention of the high school in the Orange Bowl, I read it on the package that was delivered by Mayor Diaz and Rudy Crew in today's session in the morning, and this is one of the items of Elevate Miami, building a sports -oriented high school in the -- within the complex of the Marlins Stadium and the Orange Bowl. That's what it said, so it's something that we don't know yet, but it's one of the things that the Mayor is pushing. Number two, I support the Vice Chairman on his motion to have a decision made, butt would ask for a friendly amendment asking that within the next 15 days, the Florida Marlins make a statement whether they want to continue entertaining the Orange Bowl site or not because that way he knows, we know, everybody knows, the County knows. I do not City ofMiami Page 156 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 understand what is the mystery surrounding the Orange Bowl and the Marlins. I do not understand why the Marlins have not gone public and say, yes, we want the Orange Bowl. No, we don't want the Orange Bowl. We want a stadium with all the perks, or we just want to move from here. It seems that if there is a will of many people in Miami -Dade County to support a stadium for the Florida Marlins -- and I believe that there is -- the people who got blame for not building the stadiums are the politicians, and no one is holding the Marlins accountable, so the City ofMiami is pushing and pushing and pushing. The County is pushing and pushing and pushing, and no one ask the Florida Marlins. No one ask the Florida Marlins, what are you bringing to the table? Are you really want to do this? So the brunt of the criticism of those who want a stadium goes to the politicians, to the elected officials, especially of the City ofMiami, not even the County, especially on the City ofMiami because the Orange Bowl is the only site left. I don't understand. If the problem that the Marlins have is because the Orange Bowl is in a Hispanic area, I would like to understand that statement that the Manager made that was communicated to him saying that the site might not be as profitable as if it is in Aventura or in North Miami. I have no idea what that means. I don't understand. I don't want to think that this is about a Hispanic area, and their marketing doesn't figure that this will be an acceptable site for the fans in Broward County or either West Palm, or Pinecrest, for that matter in that -- so those things, they need to come out and say it, and I think we should set a deadline for the Marlins. They have been setting deadline for the last seven years to us, so I mean, we got the land; we got the money. We got the desire and the will to build the stadium, but we still chasing after the Marlins so they can decide if they want to take our gift? That, to me, is pretty bizarre, to say the least, and the second thing is that do support what the Vice Chairman said, that it has to impact favorably the area, and the first thing that we should do is to make sure that the Marlins understand and the County that this has to be a project that is done not by them, but by the governments of the County and the City so we can set all the standards of minority participation, and you know, RFPs (Requests for Proposals) and local companies, and minimum wage and living wage, and all that, because, you know, if you say to the Marlins, okay, you build it, they going to bring someone from Houston or Boston to build the stadium, and we, like in the past, get the short end of the stick, so Mr. Vice Chairman, I would second your motion that, in 60 days, theAdminisfation has to come, but -- Vice Chairman Sanchez: Thirty. Thirty days. Commissioner Regalado: Oh, 30? Okay. Vice Chairman Sanchez: Thirty days. Commissioner Regalado: Thirty days, but think that we should also request that, in the next 15 days, the Florida Marlins organization makes a public announcement whether they want or they don't want the Orange Bowl site, so we can all do something else in terms of the site, so that is a friendly amendment in case you want to accept. Vice Chairman Sanchez: On -- well -- Mr. Hernandez: Mr. -- Vice Chairman Sanchez: -- on the friendly amendment, I have a concern on that because I know that there's ongoing negotiations now between the City and the Marlins and the County. What would accept is, before the 30 days, that the Marlins would proffer a public statement saying whether they're interested to build a stadium at the Orange Bowl if [sic] not. If not, then we could continue with the other options, which is the park, affordable housing, maybe other stuff that we could build around there. I mean, we have 40 acres. We -- it's our land. We own it; the taxpayers own it, and we could do a lot, but think -- Commissioner Regalado: So -- City ofMiami Page 157 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Vice Chairman Sanchez: -- within 15 days, I would do it -- before the 30 days, they need to give a public statement. Commissioner Regalado: Okay, so you accept my friendly amendment. Vice Chairman Sanchez: Thirty days. Commissioner Regalado: Be -- you said before 30 days. Before 30 days is 15 days. Vice Chairman Sanchez: Before 30 days is 15 days. Commissioner Regalado: Yeah. You said before 30 days, so before 30 days -- Vice Chairman Sanchez: No, no, no, no. Commissioner Regalado: -- is 15 days. Vice Chairman Sanchez: Be -- but not the 15 days. The 15 days is -- right now they're negotiating, and I think for us to apply that might hamper some of the things that's going on between -- I mean, Mr. City Manager, I'm trying to -- Mr. Hernandez: Yes. Vice Chairman Sanchez: -- get the ball rolling here and maintain the -- Mr. Hernandez: Definitely. Quickly, I think that the Marlins -- and I'm confident that they want to be at the Orange Bowl. I think that the Orange Bowl is acceptable to them. However, I would like to give them the opportunity to say so -- Commissioner Regalado: Yeah, but you -- Mr. Hernandez: -- and -- Commissioner Regalado: -- just said a few minutes ago that the Marlins believe -- and that was your quote -- that the Orange Bowl site is not as profitable as they thought that it would be another site, and this is why they have proffer less support. Mr. Hernandez: But -- Commissioner Regalado: That's what you said. Mr. Hernandez: Right, I did say that, but at the same time, they and we recognize that this is the last stand. This is the last opportunity, and that's, you know -- Commissioner Regalado: But -- Mr. Hernandez: -- foremost in our minds. Commissioner Regalado: -- it's not about us; it's about them. Mr. Hernandez: I'm confident that they will -- Commissioner Regalado: I mean, we have -- City ofMiami Page 158 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Mr. Hernandez: -- make the statement. Commissioner Regalado: -- you know, we have the bat; we have the glove, and we have the ball. They don't. Mr. Hernandez: I'm confident that they will make that statement -- Commissioner Regalado: Okay -- Mr. Hernandez: -- Commissioner -- Commissioner Regalado: -- so before -- Mr. Hernandez: -- but I'd rather have them say it than, you know -- Commissioner Regalado: I -- Mr. Hernandez: -- I make that statement. Commissioner Regalado: -- will support the motion before 30 days, which is 15 days, that the Marlins have to come up with some statement. Mr. Hernandez: And Commissioner Sanchez --- Vice Chairman Sanchez: I don't accept the friendly amendment of 15 days. Mr. Hernandez: Commissioner, on your 30 days, I thought that I had -- that we had said December 13, which is the Commission meeting. Vice Chairman Sanchez: Yes, but before that, the Marlins need to give -- Mr. Hernandez: Yes. Vice Chairman Sanchez: -- a public -- Mr. Hernandez: That's fine. Vice Chairman Sanchez: -- statement whether they want to build a stadium or not build a stadium. Mr. Hernandez: That's fine. Vice Chairman Sanchez: All right. Mr. Hernandez: Thank you. Vice Chairman Sanchez: All right. That was a motion, so we need to -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- vote on it. You're the Chair. Commissioner Sarnoff Oh, second. Commissioner Regalado: I'll second. City ofMiami Page 159 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Commissioner Sarnoff All right, so -- you got it seconded. Vice Chairman Sanchez: All in favor. Commissioner Sarnoff So with the friendly amendment, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: And I believe they wanted to speak, if -- on the issue. Yeah, please. Unidentified Speaker: Thanks. Alyce Gowdy-Wright: Thank you. For the record, my name is Alyce Gowdy-Wright. My office is at 1671 Northwest 17th Avenue. My personal residence is at 511 Northeast 65th Street. I wanted to thank Commissioner Sanchez for allowing us to speak on his discussion item, and I wanted to first say, though, that we have a newfound appreciation for City Commission days. Vice Chairman Sanchez: You've been here all day. Ms. Gowdy-Wright: I'm a marathoner, and this was quite the endurance event. We are part of a coalition called Jobs with Justice, which has actually talked to each of the Commissioners, including some City administrative staff about this project before. We are here before you tonight as a network of unions with the AFL-CIO (American Federation of Labor -Congress of Industrial Organizations), building trades, unions, Allied Minority Contractors Network of South Florida, Vecinos Unidos, and a number of other community groups of residents that live literally across the street from and within the vicinity of the Orange Bowl Stadium. We're here to reiterate what Commissioner Sanchez said because this an historic flagship institution. Its cultural footprint will still exist long after the Orange Bowl is actually torn down, but we just want to make sure that the folks that do business in Miami, that live in Miami, especially within the vicinity of the stadium, and that work in Miami actually benefit from whatever happens at the stadium. This is a tremendous investment of public funds, as you all know. It is a very important structure and piece of property that the City owns, and we're very heartened to hear the Commissioners tonight talk about really taking the reins of this to make sure it happens the way that it needs to happen. That being said, in particular, what we have talked to Commissioners about before -- and I know Commissioner Sanchez, we'll be seeing you on Monday -- is the need to make sure that this project goes forward the way that it should go forward, whatever that means, whether it's affordable housing, whether it's the Marlins. Whatever happens there, there has to be a way to not only make sure that the folks in Miami can participate in that process and can benefit from it, and what we are talking about and what we would like to see the City do is actually have a legally binding agreement with the coalition of businesses, small contractors, residents, and labor unions, the folks that are actually the majority of the city. We're the working folks. We're the small businesses. We're the folks that keep the economy running, and we're the folks, quite frankly, that have been locked out of this process for quite some time. A while back, we had some negotiations with the project management team. Jones Lang and Lasalle, I believe, was the crew that was retained by the City in order to move this project forward. We did make -- we did achieve some changes to the Request for Proposal. Then, of course, as we all know, UM (University ofMiami) decided to move locations, and so here we are again requesting that the voices of the majority ofMiami be heard. We all have very good intentions about what could happen at this project, but sometimes good intentions and promises aren't quite enough, and that's why we are asking for a legally binding agreement as this project moves forward. We had some folks here who had to pick up kids and cook dinner for the family, and et cetera, et cetera, and so I'll just mention a couple of the issues and why we think an enforceable agreement is of the utmost importance as this project move forward. One of the women sitting with us is somebody who actually cleans and maintains the Orange Bowl Stadium. City ofMiami Page 160 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 D3.2 07-01299 She is employed by the company that is contracted with the City in order to do that job. She is covered under the living wage ordinance of the City, which this Commission passed not that long ago, which went into effect in October 2006. She's still, along with a number of other plaintiffs in a class action lawsuit, waiting to be paid almost $90, 000 for back wages. For a year, they have been waiting for some of this back pay to come through. If it weren't for the third party enforcement option of the living wage ordinance, which this Commission passed, it would be very difficult for those workers to get their money, but at least they have the option, through the court system, to get the money that is due them based on the ordinance that was passed. It's a perfect example of why a legally binding agreement is necessary because intentions, again, are good, but the ability to enforce public good from public money is what we're asking for, so we thank you for your time tonight. Vice Chairman Sanchez: Thank you. Commissioner Sarnoff Thank you. All right. Commissioner Sanchez, you have a second discussion item. Commissioner Regalado: I just want to add to something that they said. I just wanted to thank Jobs for Justice for what they did in the County the other day in getting the moratorium on the trailer parks. We have a very serious situation of housing in Miami -Dade County, 100,000 persons living in trailer parks, and they're gone. The 67 trailer parks there -- are in Miami -Dade County are going, going, and they're gone, and we have, in the City ofMiami, at least still that I know, in our disfrict, one, and Commissioner Gonzalez disfrict has two, and I believe that Commissioner Spence -Jones has still two, and this is a serious issue because developers are buying, and they -- there is no place to put the trailers, and we are going to have a serious crisis in the County and in -- Vice Chairman Sanchez: Trailers? Commissioner Regalado: -- the City with these people, so I just want to recognize what they did the other day at the County, and hopefully, if we have a problem, the City should follow what the County did. Thank you. DISCUSSION ITEM DISCUSSION CONCERNING WORKER'S COMPENSATION. 07-01299 Cover Email.pdf DISCUSSED Direction by Vice Chairman Sanchez to the Administration to provide the City Commission with a report on the number of Workmen's Compensation cases the City currently has pending, as well as a status report on each case. Vice Chairman Sanchez: My last item before -- and then I have a pocket item, Mr. Chair -- is discussion concerning the workmen's comp (compensation). As you are aware, I'm glad to see that workmen's comp settlements are being brought to the Commission and we finally are looking at settling about a hundred some cases. How many cases have we settled in the last couple of months? LeeAnn Brehm: Oh, I don't know the -- This is LeeAnn Brehm, director of Risk Management. I don't know the actual number, but we've been very aggressive in cleaning up some of our old files and settling the claims. Vice Chairman Sanchez: All right. I want to make this very clear. I'm not going after the good apples. I'm going after the bad apples. If you work for the City and you're hurt, we have a responsibility to our City employees. I'm going after the employees that are stealing from the City ofMiami Page 161 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 taxpayers. There is abuse in workmen's comp, folks, and if you don't see it, open your eyes. At one time, there were 2, 793 cases -- and correct me if I'm wrong -- years ago. The system was out of control. Nobody was supervising Risk Management. You have several people -- until this day today, you still have people with multiple cases that are out there, and once again, I'm saying, if you're hurt, we have a responsibility to take care of you, so I implore and ask to work with all the unions because, you know what? They want to take care of their members, the ones that are within the law and the ones that are not abusing the system. The ones that are abusing the system, we should go after them, arrest them; walk them through a line of cameras; prosecute them to the fullest, and maybe, lead as an example. Ms. Brehm: Well, we have gotten great cooperation from all the departments throughout the City. I just want to point out to you that when I came on board in 2005, we had a total of 877 workers' comp claims. Vice Chairman Sanchez: How many? Ms. Brehm: Eight seventy-seven. We've reduced that number -- Vice Chairman Sanchez: When was that? Ms. Brehm: -- at the end -- Vice Chairman Sanchez: Eight hundred, when? Ms. Brehm: That's how many that we had reported -- Vice Chairman Sanchez: Oh, reported. Ms. Brehm: -- of workers' comp in 2005. Pedro G. Hernandez (City Manager): In a year. Vice Chairman Sanchez: In a year. Ms. Brehm: In a year. Vice Chairman Sanchez: Okay. Ms. Brehm: We've now brought that number down in 2007 to 476, so by aggressively working with our other departments and making them aware of what Risk Management does and how we can control our workers' comp, we have made strides in reducing those claims. We feel that the department supervisors and managers, our front-line people, are the best -- in the best position to manage this risk, and we coupled with the Fast Track program and had a workers' comp segment. We had a lot of questions. We had a lot of positive feedback from our supervisors and managers on workers' comp, and together, we've been working on them. If there's any question about multiple claimants or something that we find suspicious, we put surveillance on them. Vice Chairman Sanchez: Well, I still think it's a department that's hemorrhaging. I think that we need to somehow apply more surveillance. We need to let people know that if they're out there abusing the system, we'll get them. I don't think the fear is out there, and I don't want -- you know, once again, I'm not going after the good apples, but the bad apples, the people that are out there costing us money, and if you don't believe how much money we spend on workers' comp, look at the budget and see that every year unfunded liability continues to grow. All right, and I know we're settling cases, and it's fine when you reduce cases, but all you're doing is you're paying a lot of money to settle those cases. You do away with the cases because, you City ofMiami Page 162 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 know, short term, they save you money; long term, it costs you money, but we could continue to close cases, but if we continue to open cases where you have multiple cases opening up, I'm just very concerned, and I know -- once again, I think Risk Management has done a decent job. I think Legal has gone out and -- to fry to settle some of these cases, but once again, I think we need to focus on more surveillance on people and making sure that if we are able to get somebody who clearly, in a video with a bad back, hundred percent disability, carrying a tire or carrying a refrigerator or a TV, those are the people that you have to make sure that they're fully prosecuted because then what's going to happen is the other employees are going to go, hey, I better be careful, and then we have to basically look at the system all around, to be honest with you. Ms. Brehm: What we've also done is to identify those with multiple claims over five. Once we identify them, they are flagged, and we're alerted to the fact that this particular person has filed more than five workers' comp claims, so we look at the job description. We look at the type of claim, length of employment that they've had; obviously, long-term employees are more prone to having, you know, more accidents over time, so we're starting to be able to benchmark and to identify multiple claimants in order to get a better idea of whether they're suspicious or fraudulent claims. Vice Chairman Sanchez: All right. Charlie. Charlie Cox: Yeah. Charlie Cox, AFSCME (American Federal, State, County, and Municipal Employees) Local 1907. I will tell you, as a union president, I will not support anybody, nor have I ever, that is faking claims, and I am probably the least department that does have claims, but I do want to say something else, and I don't think you've ever heard me come up here and praise somebody that works for the City. We had a -- Vice Chairman Sanchez: We have, but -- Mr. Cox: It's got to be pretty -- Vice Chairman Sanchez: -- it's been very -- Mr. Cox: -- funny. Vice Chairman Sanchez: -- rare. Mr. Cox: We had -- just like yesterday, we had an employee that, for two days, he was working on a call, and he busted his tooth out, and he called Baskin Robbins, the ice cream manufacturer, as we like to call them. The -- and he couldn't get a dentist to see -- he was told he couldn't get a dentist to see, so Carrie from my staff called LeeAnn, and that night, he saw a dentist, so I will tell you, I think they're on top of it. I don't think you'll get any other union president to come up here and say that we're going to condone somebody that is doing wrong and getting hurt just so they can collect a paycheck, and I know that I've been here 20 years, and you've never heard me say that, and if you catch them, you know what? Then maybe other people will be aware, but just like when you're doing that, if you're checking 15 people that are right and you check one and catch one, it's going to cost you a ton of money doing it that way. I mean, if you can single them out or if you know names of people and you give them to us -- we have our pension even going around now and checking on those totally disabled -- Vice Chairman Sanchez: Well -- Mr. Cox: -- so -- Vice Chairman Sanchez: -- Charlie -- City ofMiami Page 163 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 D3.3 07-01300 Mr. Cox: -- that's because it hurts us on pension costs, too. Vice Chairman Sanchez: Absolutely, and that's why I think it's in the best interest of all of us, including the union -- Mr. Cox: Absolutely. Vice Chairman Sanchez: -- presidents to make sure that, you know -- it's your money. It's your money. It's the City's money; it's our money; it's taxpayers' money, so we got to make sure that we protect those that are within the law and we prosecute the ones that are violating the laws. Mr. Cox: Yeah, and you won't get an argument, I believe, from any union if you catch them messing around. Vice Chairman Sanchez: Thank you. Ms. Brehm: Any other questions? Vice Chairman Sanchez: Well, yes. I'm going to ask that you provide me with a report as to how many open claims we have, where we're at with the cases, and please provide me with a -- I believe the City has a safety program. Ms. Brehm: Yes. Vice Chairman Sanchez: -- provide me with information on -- to that safety program -- Ms. Brehm: I'll tell you where we're at -- Vice Chairman Sanchez: -- to see ifI can make recommendations. Ms. Brehm: -- with the safety program real quickly. We have the safety manual completed. We are reviewing the forms that are associated with it. We are working with Employee Relations to approve theAPMs (Administrative Policy Manuals) that go with the safety manuals. Vice Chairman Sanchez: And also, I mean -- are the Commissioners being provided a copy -- maybe a report every three months as to workmens' comp, where we're at on that? Ms. Brehm: I do provide reports to Mr. Spring. Commissioner Sarnoff I do. Ms. Brehm: I'll be more than happy to circulate them before the Commission. Vice Chairman Sanchez: 'Cause I've been on that -- Commissioner Sarnoff I read them, too. Vice Chairman Sanchez: -- issue for years. All right. Thank you. DISCUSSION ITEM DISCUSSION CONCERNING CITYWIDE CRIME. 07-01300 Cover Email.pdf 07-01300-Submittal-Governor Charlie Crist Letter.pdf City ofMiami Page 164 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 DISCUSSED Commissioner Sarnoff All right. Commissioner Sanchez, you have discussion item, workers' compensation. Vice Chairman Sanchez: I'm going to take up the crime issue. Is the chief here or the assistant chief? He's here? Chief could you come up? Thank you. Crime is one thing that could take all the positive accomplishment of a city and destroy them overnight. I mean, crime is our greatest fear and for a good reason. If you have had the opportunity to read the paper lately and see the news, you're starting to see that we're facing a lot of crime in our city, not only our city, but in South Florida, and a lot of these crimes are serious crimes. I mean, crimes that people go out and -- I mean, it's not stealing gum anymore or doing petty theft. I mean, these are violent crimes, and the issues that are affecting us throughout the City -- and I've had several community meetings, and everywhere Igo, people are focused again on the crime issue. I mean, and we have the perfect storm out there brewing. I mean, once again, the slow -down of the economy. People are going to be losing their jobs; the taxes. I mean, people are going to go out there and violate the laws, so we have to really look at the headlines and see what's happening out there. For the last couple of weeks -- I mean, we had the tragedy of the police officer shot by a convicted felon with an assault rifle. I mean, incredible. We've had more crimes out there, you know, done by -- committed -- criminals. We had one issue that really -- it even made CNN (Cable News Network) world -- nationwide, and that was the tourist couple that was kidnapped in downtown Miami, and then not only that, but the female was sexually assaulted, and those are the things we definitely don't need in our city. I mean, we have had black eyes in the past, and I speak from experience when I was a state trooper. We had -- in the '90s, we had the tourist robberies, and we had a tourist killed, and we're basically a city that survives on tourism, and we certainly must have our streets safe. I mean, if there's one thing that people want is security. They'll go out and feel that you're not threatened, that your family is secure; that at night, you know, you could sit back and enjoy yourself with your family, watch TV (Television) and not have to think somebody's coming over the fence and breaking into your house, so, you know, this -- the gentleman that committed that heisous [sic] -- horrible crime was 20 years old -- 19 years old, but that's not the part. He had 20 previous arrests. That's just one of many. As a matter of fact, I have all the articles here in the last six or seven months of people that are convicted criminals that are out on the sfreet with multiple arrests. They should not be out on the street. These are career criminals that are out there. Now we could come to the crossroads and blame the police. I don't think the police is the problem here, folks, because these people have been arrested 20, 30, and 40 times, and still they're out on the sfreet looking for that next victim, career criminals, so what I have here is --I had a meeting with the chief and I'm not going to mention any names. Just to give you a couple of examples of people that are out on the street walking right now. Listen to this history. They have rap sheets that, you know, you could probably roll them on a roll like five or six feet. This gentleman, who has been in trouble God knows when, has been arrested 26 times. He's out on the street right now; 26 times, 50 charges; 30 of them are narcotic incidents, but the sad part is -- let's look at the conviction. The pending cases, he's got three; charges dismissed, he's got five; charges where no action were taken, twenty-one. That's 21 charges that no actions were taken because maybe a lack of evidence, maybe somebody didn't show up to testify. Okay, charges prosecuted, 20. How much time you think he's done in jail? Marc, you're an attorney. Give me a -- Commissioner Sarnoff Three months. Vice Chairman Sanchez: Three months? Oh, no. He's done 3 years and 128 days. That's just one. Let me give you another one. Here's another gentleman -- and I had white male, black male, white female, black female, so -- this gentleman has been arrested 26 times; charges pending -- no. Total charges were 48 charges; charges pending, 4; dismissed, 1; no action, 12; nolle pros, which they didn't prosecute him, was 1; charges prosecuted, 27 charges; 4 years and 10 days. He's still out. He's out on the street, so this is just one of many examples that we're being faced out there, and clearly, we've come to the crossroads with these career criminals. If City ofMiami Page 165 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 you ask any cop out there -- and I was a state trooper for 11 years. I know how frustrating it is when you arrest somebody, and before you even done with the A form, the Arrest form, that guy's waiting to walk out, so can you imagine some of these police officers that have arrested these people, and they know it. I mean, they -- you walk around (UNINTELLIGIBLE) I arrested that guy 25 times, and the guy's still walking the sfreet, so there has to be something wrong with the system. Absolutely, there's something wrong with the system. Unfortunately, our justice system has fractured to a broken point, and the only way that we're going to be able to address this issue, which is crime, which is, you know, you could do all the surveys throughout the nation and you could ask people around what are the greatest fear that people have is the crime issue because, you know, even though you're not affected by the crime directly, indirectly you're affected by crime, and then when you're affected by crime and you become a victim, that's it. That's your number one issue because you were affected by a crime, and if you don't believe me, just, you know, think back if they ever stole something from you how you feel. You know, I've just been victimized. They stole something, so it's that human feeling that we have to address. Now we know -- and I know that we can't do this by ourselves. We need to work together. I know that to do this, we need to help -- the help of our Governor, the Dade Delegation, the State Attorney's Office, and absolutely, the experts on police, and everyone who's fed up with crime needs to get involved in this process, so I have prepared a letter to the Governor that I wrote, and Mr. City Attorney, I gave you a copy, and I believe I passed a copy out. Could you read that into the record, please? Jorge L. Fernandez (City Attorney): Yes, certainly. Honorable Governor Charles -- Charlie Crist, as a City ofMiami Commissioner and a concerned resident, I humbly ask for your help with an issue that affects us more and more each day; crime. For quite some time we have witnessed an alarming wave of violent crimes taking place in our city, and one of the most noticeable trends of these crimes is that they are committed by repeat offenders. I am constantly approached by law enforcement officials who inform me that an individual who they arrested for a violent crime is back on the street just a few days after. We are desperately calling on state legislators, judges, and your office to work together with us to end the revolving -door judicial system we currently have in place, which is releasing repeat offenders back on the street and endangering the lives of many innocent people. Immediate action must be taken, but I cannot do it alone. I look forward to working with you in this effort, and hope that the City ofMiami can count on you as an ally in our fight against crime. Sincerely, Joe Sanchez. Vice Chairman Sanchez: Through the Chair, in the near future, I will be inviting several individuals to attend the Commission meetings. I think it's important that we have the State Attorney address this Commission, the ChiefJudge, because I think most of the problem is being address -- the biggest problem that we're having is that we have a lot of judges that are very lenient and, you know, they're basically letting people out for a variety of reasons, and you know what? Maybe we need to have like a report card on judges to hold them accountable, and you know, when election time comes around, we need -- you know, we need to showcase what action they've taken because a lot of these people that are out on the sfreet today, they could be in jail. It's all based on the decision of the judge when it comes time for sentencing. Also, a very important factor is that we need to have the Dade Delegation -- members of the Dade Delegation need to come in front of this Commission. I hardly ever see a Dade Delegation come in front of this Commission, only when it's their issue. Well, crime is everybody's issue, and they need to play a very important role in finding solutions, whether it may be passing legislation in Tallahassee. I know that once -- three strikes and you're out has been very effective, but only with convicted felons who commit felons [sic] with a weapon, a handgun, in this case. You know, these criminals know the tricks. They know how to do it where they get the minimum charge. I mean, they're out there; they're in the sfreet, but these people shouldn't be out on the street, and some of these criminal -- are career criminals, violent pasts, and they certainly shouldn't be out, so I think that it's important that we start addressing the crime issue, and that we find ways to find solutions to it, and I think this is a step in the right direction, so you know, I believe we're ready to take up this fight. I know I am, butt want Miami to know that, as a leader City ofMiami Page 166 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 in the movement to crack down on criminal and take back our streets, we all need to work together, so therefore -- as a matter offact, we will be sending out some additional letters. I would pass out that letter to my colleagues to make sure that all Commissioners sign on that, so I just wanted to elaborate on that because it's a great importance to us. It's an issue that's affecting all of us in our community, and it's something that we're going to have to address because if we don't address it today, it's going to affect us in the long run. Thank you so much, Mr. Chairman. Commissioner Sarnoff You have your second item you wanted to talk about, the workers' compensation? Vice Chairman Sanchez: I'm surprised nobody has anything to say on crime. All right. Discussion -- Deputy Chief Frank Fernandez (Police): You want me to comment, Commissioner, or --? Vice Chairman Sanchez: Oh, I'm sorry. Deputy Chief Fernandez: Do you want me to comment on this or no? Vice Chairman Sanchez: I want you to comment. Deputy Chief Fernandez: Yeah, Commissioner, I think you're absolutely right. I just want to make a couple of comments on this topic. First and foremost, the recidivism in the system -- and I posed this challenge before the Commission before; that I challenge them to bring any drug dealer we have not arrested. You know, our officers are doing a fantastic job in the field. We've arrested more people in some neighborhoods than actually live in there, according to the census, and that just means the recidivism in the system is taking over, you know, quite a considerable amount of our time, and we've had to result to federal cases in order to put some of these individuals that you've just mentioned here out of our community. We've had to resolve to putting in a lot of effort, a lot of time, a lot of money into protracted investigations to eliminate these serious offenders off the streets, butt would say this, we worked very, very close with the State Attorney. They do a fantastic job. I think there's a number of elements, but you mentioned -- going back to the tourist robberies back in the early '90s. Thank God we are not at that level, but certainly we are deeply concerned about what's happened not just here in the City, but I think in South Florida, as a whole. There is a rise in crime, a rise in robberies, in particular, in South Florida as a whole. In particular, what is of concern to us is the amount of assault weapons that we're finding in the streets. Year to date, we've taken 613 weapons off the field;; out of those, 49 have been assault weapons, but to give you an example, back in '03 -- or, I'm sorry, '04, only four percent -- or three percent, I'm sorry, of the homicides involved the use of an assault weapon; followed by the next year, with a nine percent, then followed by next year, at eighteen percent. Right now we currently stand at about 20 percent of homicides being committed with assault weapons. Assault weapons are becoming the weapon of choice, not a handgun, and that increases the lethality of our victims. Where you get shot with a handgun, the survivability of a handgun round hitting you is much greater than a rifle round hitting you, so crime is of concern to us, butt want to assure you that our officers are doing a fantastic job. We're -- our arrests are up for the year. We're making -- we put more people in jail this year than last year, and the efforts are out there, but I appreciate the support you've given us and definitely bring this to light. Thank you for your time. Vice Chairman Sanchez: And I've looked at the stats. The stats -- even the bank robberies are up. Deputy Chief Fernandez: Yes. City ofMiami Page 167 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Vice Chairman Sanchez: I mean, you look at CVSs (Consumer Value Stores) being robbed. You never heard of a CVS being robbed, maybe some -- you know, one in a year. Today, they're not walking in and just robbing you. They're walking in with a baseball bat and cracking your skull. I mean, I don't know where they get this in TV with the violence or -- but, you know, it's an ongoing frend in crime, and it's just crime has gotten more violent in many ways, and I'll tell you this much. From my past law enforcement experience, I guarantee you that those individuals are the same people that are out there committing most of the robberies, same individuals. They got to get caught. Deputy Chief Fernandez: I'll give you one example. We had a bank robbery in the City. We caught the bank robber, and that bank robber was on probation -- or not on probation. He was out on bond for a previous bank robbery. We also have an individual who's a repeat criminal offender in downtown. We looked him up in the system. He was arrested for sale of cocaine. He was released the next day on his own recognizance. The commander and his staff went out to the same spot where he was arrested. This was just recent, a couple weeks ago. Spot him the next -- in the same corner and made another arrest with narcotics and money; put him back in jail, and that's not a unique situation. That's pretty common now. Vice Chairman Sanchez: But, you know, people hold us accountable for crime. It's just -- if crime is high in the City, they look at us as the elected officials, and then we, based on accountability, look upon you, look upon the State Attorney's Office, look upon the judges and the legislators to make sure that, you know, there are laws to make sure that these people -- once they go through the path of a career criminal path, that they end up in jail. If it's -- if we have to build more jails, so be it. It's more jobs for people. Build more jails, get more guards. It's more jobs for people, but we got to make our streets safe for our people. Deputy Chief Fernandez: Absolutely. I agree. Vice Chairman Sanchez: All right. Deputy Chief Fernandez: Thank you very much. Vice Chairman Sanchez: Thank you. DISTRICT 4 COMMISSIONER TOMAS REGALADO DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES NON AGENDA NA.1 07-01350 DISCUSSION ITEM Discussion concerning deadline for placement of the Citizens' Bill of Rights and straw ballot question on the Miami -Dade County ballot for the January 29, 2008 Special Municipal Election. DISCUSSED Chairman Gonzalez: All right. That concludes -- we have an executive session at 2:30 in the afternoon. That concludes the regular agenda, unless we have any pocket items on the regular agenda. City ofMiami Page 168 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Jorge L. Fernandez (City Attorney): Well, Mr. Chairman, I don't know if you want to deal with these items right now, but we sent each of you a memo advising you of the fact that the County has changed the dates by which they expect to receive from us any ballot language that we would have liked to put on the January elections, and at one time, as Priscilla advised you, it was November 30. Now that deadline has moved to November 6. You're not meeting before November 6, so if you want to have any item on the ballot, this is the time to take care of it. There are two items that are ready for your consideration; one is the bill of rights, and then the other one is the straw ballot that Commissioner Regalado -- Chairman Gonzalez: Those items are on the blue pages of the Commission, and they will be taken up at 5 o'clock or -- in the afternoon session -- Mr. Fernandez: Oh. All right. I -- Chairman Gonzalez: -- as we do normally. Blue pages are taken at the end of the Commission meeting. Mr. Fernandez: All right. Chairman Gonzalez: All right. They are on the agenda. NA.2 07-01351 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE REGULAR AND PLANNING AND ZONING CITY COMMISSION MEETINGS OF NOVEMBER 8 AND 22, 2007, RESPECTIVELY, TO TAKE PLACE ON NOVEMBER 9, 2007. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0622 Chairman Gonzalez: We're going to move to Planning and Zoning. Well -- Pedro G. Hernandez (City Manager): Mr. Chairman -- if you allow me, Mr. Chairman, because I have all of you here now. We still have to decide on a date for the November City Commission agenda, and I know that you'll -- you won't be here in the afternoon. It's calendar for November 8. I know you wanted to change that date, since we have an election on November 6. We had explored November 14. I understand we have issues with the attendance of at least two, if not three, Commissioners, so we're still dealing with that issue, and I wanted to sort of hear from the Commissioners as to what the best date would be. I also asked about November 19, November 20. Chairman Gonzalez: What about November 13. Is anybody going to be --? Commissioner Spence -Jones: Yeah. I'm -- remember, I said the first time I'm out from the 9th -- really, the 9th through the 14th. Pamela E. Burns (Assistant City Clerk): Excuse me. We need you on the microphone. Commissioner Spence -Jones: 9th through the 14th. Chairman Gonzalez: You're going to be out from the 9th to the 14th? City ofMiami Page 169 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Commissioner Spence -Jones: Yeah. Chairman Gonzalez: And then we'll have two other Commissioners got to be out from the 14 until the end of the month. Commissioner Sarnoff And I'm equally out from the 10th through the 15th. Chairman Gonzalez: Through the 15th. Commissioner Spence -Jones: I thought that the 18th -- the 18th is -- that didn't -- Chairman Gonzalez: Listen. Commissioner Spence -Jones: -- oh, some people are going to be out. Commissioner Regalado: Do it on the 8th. Chairman Gonzalez: Do it on the 8th. Commissioner Regalado: Do it on the 8th, is the only time. Vice Chairman Sanchez: I'm okay. Chairman Gonzalez: He can chair the meeting, ifI can't make it that day. Mr. Hernandez: Well, I was frying to, in essence, have all of you here, and I've been trying to do that -- Chairman Gonzalez: We've been dealing with this for a month, so the 8th it's going to be. "[Later...]" Chairman Gonzalez: All right. Before going into the item, going back to the November meeting, any of the Commissioner [sic] have a problem with November 9? Commissioner Regalado: No. Chairman Gonzalez: It's a Friday. Commissioner Spence -Jones: I'm cool with that. Commissioner Regalado: No. Chairman Gonzalez: November 9. Commissioner Spence -Jones: I can make (UNINTELLIGIBLE). Chairman Gonzalez: All right. Mr. Manager. Where's the Manager? Commissioner Sarnoff There he is. He's got a beard. Chairman Gonzalez: Okay. November 9. Madam City Clerk. Ms. Burns: We would need a -- we would have to have a motion for that because it must be -- City ofMiami Page 170 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Chairman Gonzalez: All right. Ms. Burns: -- changed by resolution. Chairman Gonzalez: Is there a motion to have the meeting -- November meeting on November 9? Commissioner Sarnoff So moved. Commissioner Regalado: Second. Chairman Gonzalez: There is a motion; there is a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. NA.3 07-01352 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE DOWNTOWN DEVELOPMENT AUTHORITY REQUESTING THAT THE MIAMI PARKING AUTHORITY CREATE A SPECIAL PARKING PROGRAM ON WEEKENDS DURING THE HOLIDAY SHOPPING SEASON, THAT OFFERS FREE PARKING AS AN INCENTIVE TO DRAW CUSTOMERS TO SHOP WITHIN THE DOWNTOWN BUSINESS DISTRICT (CBD). 07-01352-Legislation.pdf Motion by Vice -Chairman Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-07-0627 Vice Chairman Sanchez: Mr. Chairman, I have one pocket item, and then I'm done, and then I'll take the gavel and you go. As the holiday season approach, we want to make sure that downtown benefits from it and we create a holiday feeling in downtown Miami. What the DDA (Downtown Development Authority) has done is they passed a resolution working with Off -Street Parking, and it reads as follow, and I think this will benefit all the retail and restaurants in downtown to make sure that -- you know, downtown has to compete with malls, especially Midtown now, and people are going to other areas to shop for a variety of reasons. We're working on a lot of those issues, but one of the issues is parking. Parking is pretty expensive in downtown, so one of the things that DDA can do with Off -Street Parking is to provide free parking for all those that want to go to downtown and do their shopping, so this resolution, which I'll read in the record, it's a resolution of the City ofMiami Commission accepting the recommendation of the Downtown Development Authority to request that the Miami Parking Authority create a special parking program on weekends during the holiday shopping season that offers free parking as an incentive to draw customers to shop within the CBD (Central Business District) area, so therefore, I move this resolution. Commissioner Sarnoff Second. Commissioner Regalado: I'll second it. City ofMiami Page 171 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 NA.4 07-01343 District 4- Commissioner Tomas Regalado Vice Chairman Sanchez: I mean, it's got -- everybody moved it; everybody second it. Commissioner Sarnoff All right. Vice Chairman Sanchez: It's a good -- Commissioner Sarnoff All -- sorry about that. Vice Chairman Sanchez: -- hey, it's a -- Commissioner Sarnoff It's a good idea. Vice Chairman Sanchez: -- cotton candy resolution. Commissioner Sarnoff It's a good idea. All in favor, please say "aye. The Commission (Collectively): Aye. Commissioner Sarnoff Okay. Commissioner Regalado: I have two pocket items. Vice Chairman Sanchez: So, listen, if you're going to do some shopping in downtown, parking's free. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $1,000, TO THE URBAN ENVIRONMENT LEAGUE, TO CO-SPONSOR AN EVENT TO BE HELD ON NOVEMBER 30, 2007; ALLOCATING SAID FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE NO. 001000.921054.6.289. 07-01343-Legislation.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-07-0623 Vice Chairman Sanchez: Now -- you have a pocket item now? Commissioner Regalado: Yeah. I have two quick -- Vice Chairman Sanchez: All right. Commissioner Regalado: -- pocket items. This was a resolution of the Miami City Commission authorizing the allocation of funds, in an amount not to exceed $1,000, to the Urban Environment League to cosponsor an event to be held on November 30, 2007; allocating said funds from the District 4 special events nondepartmental account. So move. Commissioner Sarnoff Second. Vice Chairman Sanchez: All right. There's a motion and a second. All in favor, say "aye." City ofMiami Page 172 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having -- Commissioner Regalado: And -- Vice Chairman Sanchez: -- the same right, say "nay." Motion carries. Commissioner Regalado: Thank you. NA.5 07-01333 RESOLUTION District 4- Commissioner Tomas Regalado A RESOLUTION OF THE MIAMI CITY COMMISSION URGING ITS APPROVAL BY THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE OF THE CODESIGNATION OF SOUTHWEST 21ST AVENUE FROM SOUTHWEST 16TH STREET TO SOUTHWEST 19TH STREET, MIAMI, FLORIDA, AS "EMILIO ARECHAEDERRA WAY." 07-01333-Legislation.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones NA.6 07-00438c District 5- Commissioner Michelle Spence -Jones R-07-0624 Commissioner Regalado: And the second one is a resolution of the Miami City Commission urging its approval by the Miami Street Codesignation Review Committee of the codesignation of Southwest 21 stAvenue, from Southwest 16th Street to Southwest 19th Street, Miami, Florida, as Emilio Arechaederra Way. This will complete the monument that we have of this famous sportscaster in Shenandoah Park. So move. Commissioner Sarnoff Second. Vice Chairman Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 1, TO ESTABLISH A CITIZENS' BILL OF RIGHTS; PROVIDING THAT THE AMENDED CHARTER MAY BE REORGANIZED AND RENUMBERED; CALLING FOR AND PROVIDING THAT CHARTER AMENDMENT NO. 1 WILL BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON JANUARY 29, 2008; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; PROVIDING FOR NOTICE; FURTHER, DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO City ofMiami Page 173 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION; PROVIDING AN EFFECTIVE DATE FOR THIS RESOLUTION. 07-00438c-Legislation.pdf 07-00438c-Exh i bit. pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-07-0625 Vice Chairman Sanchez: All right. Commissioner Sarnoff, blue pages. Commissioner Sarnoff Yeah. I'd like to go to the pocket item, ifI could, first, and the reason I'm bringing this up, it is our bill of rights, and I received a memo from the City Attorney indicating that we had to move this up in time to vote so that we could get it in today. Otherwise, we will not be able to have this on the January 29, 2008 election. It essentially does something that promotes fair justice for all of us, and it provides, the City ofMiami Charter shall be amended to establish a citizens' bill of rights to guarantee rights related to religion and conscience, speech, assembly and press, unreasonable searches and seizures, nondiscrimination, environmental protection, natural resources and scenic beauty, and providing for remedies and constructions. I provided a copy of this. I'm actually going with the draft by Koteles from Commissioner Spence -Jones's office. I think he did an excellent job. I'll yield to him from the one that I drafted. I think this is an excellent bill of rights. It's time that the City ofMiami have established in its own charter a set of criteria that governs us as to what our rights and freedoms are, and I think we can build from that, and I ask everybody to endorse this so that we can have this on the January 29, 2008 election. Vice Chairman Sanchez: All right. There's a -- Commissioner Regalado: I'll -- Vice Chairman Sanchez: -- motion. Is there a second? Commissioner Regalado: -- second the motion, with a -- just a quick question to the City Attorney. Mr. City Attorney, we already approve the sfraw ballot for the January 29 on the property appraisal [sic], right? Vice Chairman Sanchez: No. Jorge L. Fernandez (City Attorney): No, no. That's coming to you next. I mean -- Commissioner Regalado: Then it -- Vice Chairman Sanchez: Isn't the County doing it? Commissioner Regalado: -- cannot go on the 29th. Mr. Fernandez: No. Commissioner Regalado: The deadline has been changed. It's November 1. City ofMiami Page 174 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Mr. Fernandez: Again, we have been notified by the County that before November 6, we have to give them whatever it is that the City wants to put on the ballot. Commissioner Regalado: That's what I'm saying, that -- Mr. Fernandez: Correct. Commissioner Regalado: -- what I'm saying is that last Commission meeting, we directed that the same ballot language that was used in Hialeah for the property -- Mr. Fernandez: Be -- Commissioner Regalado: -- appraisal [sic] -- Mr. Fernandez: -- exactly. Commissioner Regalado: -- be -- I just want to make sure that it will be there. Mr. Fernandez: No. We have it ready for you. You have to take action. You have to pass a resolution calling for the question and officially directing that it be placed on the ballot. The work has been done. Yes, we've incorporated the Hialeah language. We have followed all of your directions, but we need to take -- Commissioner Regalado: We need to do it tonight then. Mr. Fernandez: -- we need to do it tonight -- Commissioner Regalado: Oh, okay -- Mr. Fernandez: -- and that's what I tried to say earlier. Commissioner Regalado: -- but I did it the other -- Vice Chairman Sanchez: All right. There's a motion and a second on the bill of rights. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. NA.7 07-01251a RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), MAKING PROVISIONS FOR HOLDING A SPECIAL MUNICIPAL ELECTION ON JANUARY 29, 2008, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE AT SAID ELECTION THE FOLLOWING STRAW BALLOT QUESTION, WHICH SHALL HAVE NO BINDING OR OBLIGATORY EFFECT, TO BE KNOWN AS STRAW BALLOT QUESTION NO. 1: " WOULD YOU SUPPORT A VOTER PETITION REQUESTING THE BOARD OF MIAMI-DADE COUNTY COMMISSIONERS TO ADOPT AN ORDINANCE THAT WOULD SUBMIT A PROPOSAL TO COUNTY VOTERS TO VOTE ON WHETHER TO AMEND THE COUNTY CHARTER TO PROVIDE FOR THE ELECTION OF THE COUNTY PROPERTY APPRAISER, City ofMiami Page 175 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 INSTEAD OF THE COUNTY MAYOR APPOINTING THE COUNTY PROPERTY APPRAISER?;" CALLING FOR AND PROVIDING THAT STRAW BALLOT QUESTION NO. 1 WILL BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON JANUARY 29,2008; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; PROVIDING FOR NOTICE; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION. 07-01251 a-Legislation.pdf 07-01251 a-Exhibit.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-07-0626 Jorge L. Fernandez (City Attorney): And then likewise, now Ms. Chiaro is passing out the sfraw ballot, and with that, similarly, you need to take a resolu -- you need to take action on this resolution so that the straw ballot can be placed on the January ballot. Commissioner Regalado: I move that the straw ballot regarding the election of the property appraisal [sic] be placed -- Vice Chairman Sanchez: Isn't the County doing it? Commissioner Regalado: -- on the City ofMiami election on the primary to be held on January 29, 2008. Vice Chairman Sanchez: Isn't --? Okay. You're going to second it? Commissioner Sarnoff I'll second, yeah. Vice Chairman Sanchez: Okay. I just have a question. Isn't the County going to do it? Isn't the County -- Mr. Fernandez: Well -- Vice Chairman Sanchez: -- putting it for a general --? Mr. Fernandez: -- we don't know what the County's up to. Commissioner Regalado: We don't know. Vice Chairman Sanchez: So what happens if the County puts it and we have a straw ballot vote and they have a regular vote? Commissioner Regalado: They would take it off -- well, the County only has until November 1 to City ofMiami Page 176 Printed on 11/19/2007 City Commission Meeting Minutes October 25, 2007 Motion To Adjourn do it. Mr. Fernandez: Correct. Commissioner Regalado: There's no possibility -- because a charter committee has already voted in favor of having an elected property appraisal [sic], but they will send their recommendations to the County Commission October 31. Since the State have moved the deadline from the November 16 deadline before to November 1, they won't be able to do it, and they would have to do it on the presidential election of -- I mean, on the general election of August of 2008, so the City ofMiami will have a sfraw ballot, and it would be the only item regarding the property appraisal [sic] on January 29. Vice Chairman Sanchez: Okay. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chairman Gonzalez and Commissioner Spence -Jones absent, to adjourn today's meeting. City ofMiami Page 177 Printed on 11/19/2007