HomeMy WebLinkAboutCC 2008-03-27 MinutesCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Meeting Minutes
Thursday, March 27, 2008
9:00 AM
PLANNING AND ZONING
City Hall Commission Chambers
City Commission
Manuel A. Diaz, Mayor
Joe Sanchez, Chair
Michelle Spence -Jones, Vice -Chair
Angel Gonzalez, Commissioner District One
Marc David Sarnoff, Commissioner District Two
Tomas Regalado, Commissioner District Four
Pedro G. Hernandez, City Manager
Julie 0 Bru, City Attorney
Priscilla A. Thompson, City Clerk
City Commission
Meeting Minutes March 27, 2008
CONTENTS
PR - PRESENTATIONS AND PROCLAMATIONS
MV - MAYORAL VETOES
AM - APPROVING MINUTES
CA - CONSENT AGENDA
PH - PUBLIC HEARINGS
RE - RESOLUTIONS
PART B
PZ - PLANNING AND ZONING ITEM(S)
M - MAYOR'S ITEMS
D1 - DISTRICT 1 ITEMS
D2 - DISTRICT 2 ITEMS
D3 - DISTRICT 3 ITEMS
D4 - DISTRICT 4 ITEMS
D5 - DISTRICT 5 ITEMS
Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting.
"[Later...]" refers to discussions that were interrupted and later continued.
City of Miami Page 2 Printed on 4/9/2008
City Commission
Meeting Minutes March 27, 2008
9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner
Regalado and Vice Chair Spence -Jones
On the 27th day of March 2008, 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 Chair Joe Sanchez at 9:13 a.m. and adjourned at
12: 05 p.m.
Note for the Record: Commissioner Gonzalez entered the Commission chambers at 9: 31 a.m.
ALSO PRESENT:
Julie O. Bru, City Attorney
Pedro G. Hernandez, City Manager
Priscilla A. Thompson, City Clerk
Chair Sanchez: If we could stand up and go with the prayer now. I'll go ahead and do the
prayer, and then Commissioner Marc Sarnoff will do the pledge of allegiance.
Invocation and pledge of allegiance delivered.
PRESENTATIONS AND PROCLAMATIONS
PR.1 08-00345 CEREMONIAL ITEM
Honoree
Water Conservation Month (April, 2008)
"Knock Out" Fundraising Event
Officer Jeff Giordano
Officer Carlos Balasino
Commander Ronald Papier
Michael Fux
Baron Daparra
08-00345 Protocol List.pdf
PRESENTED
Presenter Protocol Item
Mayor Diaz
Mayor Diaz
Proclamation
Certificates of Appreciation
1. Mayor Diaz presented Certificates of Appreciation to Michael Fux, Baron Daparra, Officer
Jeff Giordano, Officer Carlos Balasino, and Commander Ronald Papier for their participation
in the "Knock Out" Fundraising Event, a unique competition designed to address issues of health
and overall quality of life.
2. Vice Chair Spence -Jones presented a Proclamation to the Winn Dixie Corporation
proclaiming Thursday, March 27, 2008 Winn Dixie Day in Miami.
3. Mayor Diaz presented a Proclamation to South Florida Management District in recognition
of Water Conservation Month (April 2008) in the City ofMiami.
Chair Sanchez: All right. We'll go to the first item on the agenda, and that is the presentation of
awards and proclamation. Mr. Mayor, you're recognized for the record.
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City Commission
Meeting Minutes March 27, 2008
MAYORAL VETOES
Presentation made.
[Later...]
Chair Sanchez: All right. We -- let's go ahead and take up one of the presentations, the
gentleman from South Water Management showed up.
Mayor Diaz: Right.
Chair Sanchez: So we'll take the opportunity.
Presentation made.
NO MAYORAL VETOES
Chair Sanchez: All right, ladies and gentlemen, that concludes the protocol list of presentations
and proclamations. We'll go ahead and go on to the next item on the agenda, which is the
Mayoral veto. There are none for the record.
Priscilla A. Thompson (City Clerk): That is correct.
Chair Sanchez: All right.
APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, to APPROVED
PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
Chair Sanchez: Then we need to approve a couple of special Commission meeting [sic] and a
Planning and Zoning meeting; so we need to approve those two minutes. Let's have a motion to
approve the special Commission meeting on February 21, 208 [sic]. Is there a motion?
Commissioner Gonzalez: Move it.
Commissioner Sarnoff. So -- second.
Chair Sanchez: There's a motion by Commissioner Gonzalez, second by Commissioner Sarnoff.
Discussion on the item. Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries.
Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, to APPROVED
PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
Chair Sanchez: All right, the next item on the agenda. It's -- yes, another -- we did vote on that
minute [sic]. We did --
Priscilla A. Thompson (City Clerk): One.
Chair Sanchez: We voted on one. Thank you, Madam Clerk, for always keeping the record
straight here. All right. We need a motion to approve the Planning and Zoning meeting of
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City Commission
Meeting Minutes March 27, 2008
ORDER OF THE DAY
February 28 --
Commissioner Sarnoff. So move.
Chair Sanchez: -- 208 [sic]. Motion --
Commissioner Sarnoff. Second.
Chair Sanchez: -- is made by Commissioner Sarnoff --
Vice Chair Spence -Jones: Second.
Chair Sanchez: -- second by Vice Chair Spence -Jones. Discussion on the item. Hearing no
discussion on the item, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries.
Chair Sanchez: Ladies and gentlemen, before we do that, afterwards, we'll be going to the
Commissioners' blue pages. Once again, I want to emphasize that blue pages or pocket items do
not require a public hearing or public appearances. Anyone who ask for public participation in
their blue pages will be denied by the Chair, and the recommendation will be to go forth with a
public appearance, where they could come in front of the Commission, as long as it's advertised,
and that's the procedure that we should follow here in this Commission. So having stated
(UNINTELLIGIBLE), is there anyone in the public here for any of the items pertaining to the
Commissioners? I think the Commissioner would kindly advise you that -- to meet with him and
select the process that he will select.
CONSENT AGENDA
CA.1 08-00279 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID
Police RECEIVED FEBRUARY 6, 2008, PURSUANT TO INVITATION FOR BIDS NO.
68106, FROM SRT SUPPLY, INC., FOR THE PURCHASE OF CARBINE
RIFLES AND ACCESSORIES, ON AN AS -NEEDED CONTRACTUAL BASIS,
FOR THE DEPARTMENT OF POLICE, FOR AN INITIAL CONTRACT PERIOD
OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR TWO (2)
ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE
VARIOUS SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND
BUDGETARY APPROVAL AT THE TIME OF NEED.
08-00279 Legislation.pdf
08-00279 Summary Form.pdf
08-00279 Award Recommendation.pdf
08-00279 Tabulation of Bids.pdf
08-00279 Sourcing.pdf
08-00279 Sourcing2.pdf
08-00279 Invitation for Bid.pdf
08-00279-Summary Fact Sheet.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
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City Commission
Meeting Minutes March 27, 2008
R-08-0154
CA.2 08-00280 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS
Purchasing RECEIVED FEBRUARY 6, 2008, PURSUANT TO INVITATION FOR BID NO.
64073,2, FROM JURNEY & ASSOCIATES, INC. (PRIMARY) AND SLATTERY
ASSOCIATES, INC. (SECONDARY), THE TWO (2) LOWEST RESPONSIVE
AND RESPONSIBLE BIDDERS, FOR THE PROVISION OF ADMINISTERING
PRE -EMPLOYMENT POLYGRAPH EXAMS, CITYWIDE, ON AN AS -NEEDED
CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2)
YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL
ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS
SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY
APPROVAL AT THE TIME OF NEED.
08-00280 Legislation.pdf
08-00280 Summary Form.pdf
08-00280 Award Recommendation.pdf
08-00280 Award Sheet.pdf
08-00280 Tabulation Sheet.pdf
08-00280 Sourcing.pdf
08-00280 Sourcing2.pdf
08-00280 Sourcing3.pdf
08-00280 Invitation for Bid.pdf
08-00280-Submittal-Summary Fact Sheet.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
R-08-0155
CA.3 08-00281 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID
Fire -Rescue RECEIVED JANUARY 28, 2008, PURSUANT TO INVITATION FOR BIDS NO.
64070, FROM ALBERT ELECTRICAL OF SOUTH FLORIDA, CORP., THE
LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE
GENERATOR REPLACEMENT AT FOUR (4) FIRE STATIONS, FOR THE
DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED
$235,241.91, WITH A NOT TO EXCEED TEN PERCENT (10%)
CONTINGENCY ALLOWANCE, BASED ON THE TOTAL CONTRACT
AMOUNT, FOR A MAXIMUM TOTAL CONTRACT AMOUNT NOT TO
EXCEED $258, 766.10; ALLOCATING FUNDS FROM THE FIRE ACT GRANT
CONSISTING OF ACCOUNT CODE NOS. P-18-180007-T-03-A-1355-E-
EQUIPMENT-O-181000, IN THE AMOUNT NOT TO EXCEED $96,467.25,
AND P-18-180007-T-03-A-1356-E-EQUIPMENT- 0-181000, IN THE AMOUNT
NOT TO EXCEED $121,132.75, AND FROM CAPITAL IMPROVEMENT
ACCOUNT CODE NO. P-40-B-30364-T-05-A-105-EQUIPMENT-O-181000, IN
THE AMOUNT NOT TO EXCEED $41,166.10.
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City Commission
Meeting Minutes March 27, 2008
08-00281 Legislation.pdf
08-00281 Summary Form.pdf
08-00281 Tabulation of Bids.pdf
08-00281 Certification Statement.pdf
08-00281 Bid Bond.pdf
08-00281 Power of Attorney. pdf
08-00281 Description.pdf
08-00281 Certification.pdf
08-00281 Sourcing.pdf
08-00281 Bid Bond Form.pdf
08-00281 Power of Attorney2.pdf
08-00281 Addendum.pdf
08-00281 Certification2.pdf
08-00281 Certification Statement2.pdf
08-00281 Certification3.pdf
08-00281 Bid Bond2.pdf
08-00281 Power of Attorney3.pdf
08-00281 Check.pdf
08-00281 Cover Page.pdf
08-00281 Sourcing2.pdf
08-00281 Sourcing3.pdf
08-00281 Corporation.pdf
08-00281 License.pdf
08-00281 I nsurance. pdf
08-00281 I nsurance2. pdf
08-00281 Sourcing4.pdf
08-00281 Bid Bond3.pdf
08-00281 Addendum2.pdf
08-00281 Invitation for Bid.pdf
Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
R-08-0164
Chair Sanchez: We'll go to the first item that was pulled for discussion and that was RE
(Resolution) --
Priscilla A. Thompson (City Clerk): CA (Consent Agenda).
Chair Sanchez: I'm sorry, CA. 3. Commissioner Sarnoff, you're recognized for the record.
Commissioner Sarnoff. Yeah. I just --I wanted to point out to this Commission, andl especially
wanted to comment to Commissioner Gonzalez, this is -- look at the disparity between the
number -one bidder, the number -two bidder, andl think it's the number four or -five bidder; and
this is something we should take note of. I know there's a little bit to this. I know the Fire
Department did a great job of bidding this. The number -one bidder is $235, 000 for Allison
generators -- Allison Diesel generators, and everybody who bid this -- or at least three of them --
bid the exact same generators, the exact same models. The number -two bidder was $455, 000,
and I think the last bidder was $855, 000. So I just think we should start taking note of the
disparity in the bidding process, number one, to make sure that the number -one bidder doesn't
come in with a change order, but number two, to start monitoring why such a varying degree of
bidding when they're bidding the identical equipment. And my -- you know, my hat's off to the
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Meeting Minutes March 27, 2008
Fire Department because I believe they had a lot to do with getting the number -one bid in there.
But my -- maybe my statement is maybe we should learn a little bit from the Fire Department.
Because if they're able to procure a bid and that bid holds at 235 and if the next best we're able
to do is $455, 000 -- so it's not $455 -- taxpayer dollars, we should start taking note of the way
that we're bidding things and who's doing the procurement because I just think it's a huge
disparity. It's the identical equipment. It's like somebody saying I'm going to go buy, you know,
a Chevy Impala, and they bid what you would expect to pay for a Chevy Impala; and then the
next two or three bidders come back and they're bidding twice and three times what the Chevy
Impala cost, because that's all an Allison generator is; it's the same thing.
Chair Sanchez: Procurement director?
Glenn Marcos: Commissioner, Glen Marcos, Purchasing director. Commissioner Sarnoff, the
Purchasing Department, on behalf of Fire -Rescue, ended up issuing this bid and, again, some of
the bids that came in are of the same generator. And of course, there is a disparity within the
actual bids; and Purchasing did its due diligence in recognizing that. Andl do want to point out
to the City Commission that there's some assurances here as far as performance is concerned
and as far as change orders. If you look at the actual bids, you're going to end up seeing, as
part of your backup document, that bidders were required to submit a bid bond, and that bid
bond means that they were going to be securing their bid price until the award takes place. And
once the award takes place, then that bid bond is returned; but it won't be returned until a
performance bond is submitted right thereafter. That performance bond guarantees 100 percent
performance. If not, then we go after the performance bond. I spoke to Albert Electrical last
night. They have gone on the record to state that there are no change orders. As a matter of
fact, today you do have the contractors here. Detroit Allison is also here. Those are the
providers of the generator, and they can go right on the record to state that they're going to
stand behind the pricing, there's not going to be any change orders; and they're willing to end up
gearing up for this project and replacing or actually installing these generators for the
Fire -Rescue Department. Thankyou.
Commissioner Sarnoff. And Mr. Marcos, my hat's off to the number -one bidder. And if you've
locked them in by performance bonds, then you're right. This is -- but this becomes the example
of how to do it. This becomes a way for us to say that yeah, it's always easy to bid a product
because we can see that whenever we, of course, do something with construction, there's what's
called unforeseeable issues. I just want to take note for two reasons. Number one is this is the
second time since I've been on the dais -- I think it was the waterproofing at the MRC (Miami
Riverside Center), the bid there was extremely low and hopefully, it comes in at that bid. In this
circumstance, with a product, the bid is extremely low; you've locked it in, and my hat's off to
you. But I'd like to see us get the same kind of results on many other things that we do because if
-- this is a $235, 000 bid; the next lowest bidder is $455, 000, and they're bidding the same
equipment. So I just think it's something this Commission should take note of and start following
and, hopefully, impressing upon not you because you've done it, but we should all take note of it;
and now that you have a performance bond behind it, you're right, you'll obviously meet that bid.
Mr. Marcos: Yeah, and we're going to be looking towards this trend Commissioner. Obviously,
what's going to happen is is that based upon our past experience, you will see that when the
economy starts going a little bit slower, businesses do turn to government; and they will want to
do business with government because of the fact that they're going to end up trying to stimulate
their own business. So I appreciate your comments, and we're looking forward to having these
generators replaced at the Fire -Rescue departments. Thankyou.
Commissioner Sarnoff. Thank you.
Chair Sanchez: All right. I think you've been praised. All right. Next item, RE (Resolution) --
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City Commission
Meeting Minutes March 27, 2008
Priscilla A. Thompson (City Clerk): Excuse me, Chair. We will need a vote on that.
Commissioner Sarnoff. Oh, I'll so move it.
Vice Chair Spence -Jones: Second.
Chair Sanchez: Okay. You want to take 'em --? I was going to take 'em all --
Vice Chair Spence -Jones: All at one time?
Chair Sanchez: But it's all right. We'll do it -- for your sake, we'll do it separately. Okay.
Ms. Thompson: Thank you.
Chair Sanchez: Need a motion on CA.3. Motion is made by Commissioner Sarnoff.
Vice Chair Spence -Jones: Second.
Chair Sanchez: Second by Vice Chair Spence -Jones. Any further discussion? No discussion on
CA3. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries.
CA.4 08-00283 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID
Information RECEIVED JANUARY 28, 2008, PURSUANT TO INVITATION FOR BID NO.
Technology 70048, FOR THE PROVISION OF TAPE CARTRIDGES FOR THE
DEPARTMENT OF INFORMATION TECHNOLOGY, ON AN AS -NEEDED
CONTRACT BASIS, 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 DEPARTMENT AND AGENCIES, SUBJECT TO
THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME
OF NEED.
08-00283 Legislation.pdf
08-00283 Summary Form.pdf
08-00283 Award Recommendation.pdf
08-00283 Tabulation of Bids.pdf
08-00283 Letter.pdf
08-00283 Fax Page.pdf
08-00283 Letter2.pdf
08-00283 Sourcing.pdf
08-00283 Invitation for Bid.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
R-08-0156
CA.5 08-00285 RESOLUTION
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City Commission
Meeting Minutes March 27, 2008
Bayfront Park A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN
Management Trust EXTENSION OF THE NEGOTIATION TIME FRAME, FROM THE NINETY (90)
DAY TIME FRAME SET FORTH IN RESOLUTION NO. 08-0026, ADOPTED
JANUARY 10, 2008, TO AN ADDITIONAL ONE HUNDRED AND TWENTY
(120) DAY TIME FRAME, FOR THE BAYFRONT PARK MANAGEMENT
TRUST TO NEGOTIATE AN AGREEMENT WITH LIVE NATION
WORLDWIDE, INC., FOR THE PURPOSE OF MANAGING AND OPERATING
THE BAYFRONT PARK AMPHITHEATER.
08-00285 Legislation.pdf
08-00285 Summary Form.pdf
08-00285 Memo.pdf
08-00285 File Report.pdf
Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
R-08-0165
Chair Sanchez: And we go to CA. 5.
Commissioner Sarnoff. Mr. Chair, this is merely an observation, andl know it's the Bayfront
Trust; and that is -- Live Nation has, historically, been a very slow negotiator. They did so on
the Beach. I think it took them to six to nine months to do a final issue with regard to the City of
Miami Beach. We gave them 90 days the first time; they're asking now for 120 more days. You
know, there's an old expression, but I'll just use the end of it. Get off the pot. Let's move them
along as quickly as we can. I don't mean to interfere with anybody's negotiation prowess, but I
don't see how they need 120 days. If they need an additional 45 or 60 days -- I just want them to
-- I don't want to see what happened to the Beach happen to us.
Chair Sanchez: All right. Any further discussion?
Vice Chair Spence -Jones: I --
Chair Sanchez: It's a consent agenda item, and it's not a public hearing; although he is a City
director. If there -- any question to the director? Commissioner, do you have any direct
questions to --?
Vice Chair Spence -Jones: Mr. Chairman, I --
Chair Sanchez: Do you have a direct --
Vice Chair Spence -Jones: Yes.
Chair Sanchez: -- question? Okay.
Vice Chair Spence -Jones: I would just want to ask Tim --
Chair Sanchez: All right. Hold on. Commissioner Sarnoff --
Commissioner Sarnoff. No. It's okay.
Chair Sanchez: -- you're done?
Commissioner Sarnoff. I'll yield.
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Meeting Minutes March 27, 2008
Chair Sanchez: Okay. All right.
Vice Chair Spence -Jones: I just want Tim -- I mean, I'm sure you'd be able to give us some
insight as to why it's taking so long.
Timothy Schmand: Tim Schmand, Bayfront Park Management Trust, 301 North Biscayne
Boulevard. Good morning Commissioners; delightful to see you today. The -- there's a number
of issues with regards to negotiating contracts as complex as this. There is the operational
realities of the amphitheater that need to -- you know, we need to get our arms around. There is
the footprint of the amphitheater that we need to get our arms around. The major terms, the
financial terms have been agreed upon, and we're quite confident that you'll be happy with them
when we bring them back to you. But I would also like to point out that there was a little bit of
turmoil in the City Attorney's Office recently, so it was difficult to get the meetings with the
attorneys that would have moved this forward. We're optimistic that we'll bring this to
conclusion prior to the 120 days we've asked for, but we don't want to have to come back and
say oh, by the way, we need another 30 days. And the thing that you have to recognize is when
something is approved by -- when we complete the negotiations, I don't have -- only have to
bring it to the Commission; I also have to bring it to the Bayfront Park Management Trust.
Pending their approval, I need the 30-day window to get it on the agenda to bring it to you.
Vice Chair Spence -Jones: So -- just -- sorry, Mr. Chairman -- so that we're clear, Tim, the stall
is not on live -- only on Live Nation side.
Mr. Schmand: I wouldn't say that --
Vice Chair Spence -Jones: -- some of the stall has actually been --
Mr. Schmand: Right. I wouldn't --
Vice Chair Spence -Jones: -- partly re --
Mr. Schmand: -- say --
Vice Chair Spence -Jones: -- we're partly responsible for some of that stall.
Mr. Schmand: I wouldn't say that anybody is stalling. I think that everybody's negotiating in
good faith and trying to get the meetings. It's a complex plan that we live on. The people from
Live Nation have events going on all over the world. You know, Bayfront Park is a busy venue.
The City Attorney's office is busy. You know, I wouldn't say anyone is stalling.
Chair Sanchez: All right.
Vice Chair Spence -Jones: All right.
Chair Sanchez: Any further discussion on that item? If not, we need a motion to approve. Is
there a motion?
Vice Chair Spence -Jones: So moved.
Vice Chair Spence -Jones: The motion is made by --
Commissioner Gonzalez: Second.
Chair Sanchez: -- Vice Chair, second by Commissioner Gonzalez. No further discussion. All in
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City Commission
Meeting Minutes March 27, 2008
favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries.
CA.6 08-00282 RESOLUTION
Department of
Public Facilities
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN
APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND
NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM,
IN SUBSTANTIALLY THE ATTACHED FORM, IN AN AMOUNT NOT TO
EXCEED $80,000, FOR THE MIAMARINA SEAWALL PHASE I DESIGN
PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE CITY
OF MIAMI'S REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF
THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $40,000, FROM
CAPITAL IMPROVEMENT PROJECT B#30604, ENTITLED "MIAMARINA
SEAWALL REPLACEMENT- PHASE I;" AUTHORIZING THE CITY MANAGER
TO EXECUTE ANY OTHER NECESSARY DOCUMENTS FOR SUBMISSION
OF SAID GRANT APPLICATION.
08-00282 Legislation.pdf
08-00282 Exhibit.pdf
08-00282 Exhibit2.pdf
08-00282 Summary Form.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
R-08-0157
CA.7 08-00284 RESOLUTION
Department of
Public Facilities
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN
APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND
NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM,
IN SUBSTANTIALLY THE ATTACHED FORM, IN AN AMOUNT NOT TO
EXCEED $60,000, FOR THE SEMINOLE DINGHY DOCK EXPANSION
PHASE II PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF
THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS FOR FIFTY
PERCENT (50%) OF PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED
$30,000, FROM CAPITAL IMPROVEMENT PROJECT B#30602, ENTITLED
"SEMINOLE DINGHY DOCK EXPANSION PHASE II;" AUTHORIZING THE
CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS
FOR SUBMISSION OF THE FIND GRANT APPLICATION FOR FISCAL YEAR
2008-2009.
08-00284 Legislation.pdf
08-00284 Exhibit.pdf
08-00284 Exhibit2.pdf
08-00284 Summary Form.pdf
This Matter was ADOPTED on the Consent Agenda.
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Meeting Minutes March 27, 2008
Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
R-08-0158
CA.8 08-00286 RESOLUTION
Department of
Public Facilities
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN
APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND
NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM,
IN SUBSTANTIALLY THE ATTACHED FORM, IN AN AMOUNT NOT TO
EXCEED $25,000, FOR THE LIGHTSTATION CHANNEL MARKER
REPLACEMENT PROJECT, WITH MATCHING FUNDS, IN THE AMOUNT OF
$12,500, TO BE PROVIDED EACH BY THE BISCAYNE BAY YACHT CLUB
AND THE CORAL REEF YACHT CLUB; AUTHORIZING THE CITY MANAGER
TO EXECUTE ANY OTHER NECESSARY DOCUMENTS FOR THE
SUBMISSION OF SAID GRANT APPLICATION FOR FISCAL YEAR
2008-2009.
08-00286 Legislation.pdf
08-00286 Exhibit.pdf
08-00286 Exhibit2.pdf
08-00286 Summary Form.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
R-08-0159
CA.9 08-00287 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Police ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "FISCAL YEAR 2008-2009 VIOLENCE INTERVENTION
PROJECT" TO ACCEPT AND APPROPRIATE A GRANT FUNDED BY
THE CHILDREN'S TRUST AND ADMINISTERED BY LEAD AGENCY AND
FISCAL AGENT, COMMUNITIES IN SCHOOLS, INC., IN THE AMOUNT
OF $26,764.80, TO PROVIDE THE GANG RESISTANCE EDUCATION
AND TRAINING PROGRAM FOR THE VIOLENCE INTERVENTION
PROJECT, FOR THE GANG RESISTANCE EDUCATION AND TRAINING
PROGRAM; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID
GRANT AND TO EXECUTE A MEMORANDUM OF UNDERSTANDING, IN
SUBSTANTIALLY THE ATTACHED FORM ("MOU"), AND ANY OTHER
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO ACCEPT SAID GRANT AND TO IMPLEMENT AND
COMPLY WITH SAID MOU FOR SAID PURPOSES.
City of Miami Page 13 Printed on 4/9/2008
City Commission
Meeting Minutes March 27, 2008
08-00287 Legislation.pdf
08-00287 Exhibit.pdf
08-00287 Exhibit2.pdf
08-00287 Exhibit3.pdf
08-00287 Exhibit4.pdf
08-00287 Exhibit5.pdf
08-00287 Exhibit6.pdf
08-00287 Summary Form.pdf
08-00287-Summary Fact Sheet.pdf
08-00287-Submittal-Communities In School Grant-E-mail.pdf
Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter
be ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
R-08-0166
Chair Sanchez: CA.9. Commissioner Sarnoff, you're recognized for the record.
Commissioner Sarnoff Didl call CA.9?
Priscilla A. Thompson (City Clerk): That's the one that had the modification --
Chair Sanchez: I'm sorry.
Ms. Thompson: -- Chair.
Chair Sanchez: That's the one that needed modification. I do apologize. Yeah, let's do that one.
You're recognized just to put the amendment. State your name for the record, and just the
amendment or any modification to that.
Major Steven Caceres: Good morning, Commissioners. Major Steven Caceres, City ofMiami
Police Department. We did do a small amendment to the scope of service, a requirement that
was needed. It was a second measurement for the grant and to measure the outcome of the
success of the grant, and that was added and distribution was made Tuesday to all staff and the
Clerk's office.
Chair Sanchez: All right. Any questions?
Commissioner Sarnoff Yeah. As long as this came up --
Chair Sanchez: Commissioner Sarnoff, you're recognized for the record.
Commissioner Sarnoff Sorry, Mr. Chair. I'm a little bit curious, why is there an intermediary in
here? In other words, why does it require Communities in Schools, Inc. to be an intermediary
between the Children's Trust and the inevitable provider of the service to the City ofMiami
Police Department? What's the purpose behind that?
Major Caceres: Basically, Commissioner, we applied to Community [sic] Schools that had
additional funding and we requested monies to be part of this collaborative agreement, and
every time we applied for the money, they granted the money and we proceed with the program.
Commissioner Sarnoff So you apply directly to Communities in Schools, Inc.?
Major Caceres: Correct.
City ofMiami Page 14 Printed on 4/9/2008
City Commission
Meeting Minutes March 27, 2008
Commissioner Sarnoff. You don't apply directly to the Children's Trust for this?
Major Caceres: We have also that right to apply to Children's Trust, but in this particular grant,
they had additional fundings; and they were working this collaborative agreement and we
participated with them and applied for the fundings and received it.
Commissioner Sarnoff. See, I'm just trying to figure out why there needs to be a middleman and
then what is the middleman's fee?
Major Caceres: A lot of times on these grants, we do have collaborative agreements and -- an
entity applies for a grant, and they receive funding in coordination with collaborative
agreements. That means using other resources to be part of the overall grant that they applied
for. In this particular grant, it's a violent [sic] improvement [sic] grant; and part of that violent
[sic] improvement [sic], they need our services to provide the GREAT (Gang Resistance
Education and Training) training. So we teach the GREAT program at the elementary school
levels, and in addition to that, they provide other services.
Commissioner Sarnoff. Is this all the money you utilized for the GREAT program?
Major Caceres: Yes. This is the monies we requested. They give us the exact amount that we
requested. Andl looked at the budget; there's no administrative fees in this budget.
Commissioner Sarnoff. No. From your end, there's not.
Major Caceres: No.
Commissioner Sarnoff. No. I agree. My question's a little more -- I guess, a little more distinct
than that, and that is, for instance, what is Community [sic] in Schools, Inc.'s fee?
Pedro G. Hernandez (City Manager): Commissioner, I think that maybe Robert Ruano can
answer that better. Robert.
Robert Ruano (Director, Grants and Sustainable Initiatives): Hi, Commissioner. I was involved
in -- actually in this grant, so I know a little bit.
Chair Sanchez: Name and department you represent.
Mr. Ruano: Robert Ruano, director of Grants and Sustainable Initiatives. Communities in
Schools was one of the applicants. The Children's Trust, the way they do it, they have a lot of
components; so typically, the lead agency can't fulfill all those requirements so they have
different sub grantees. In this case, the Communities in Schools needed this program. The only
ones that could do it in that area was the City ofMiami Police Department, so that's why
Communities in Schools reached out to them. This is not really Children's Trust granting --
necessarily, it's coming from the Children's Trust, but it goes to the Communities in Schools; and
just like the City ofMiami, they're giving to separate organizations. They're not really -- they're
not taking a fee. It's just a portion of the grant.
Commissioner Sarnoff. Oh, they're not taking a fee. Okay.
Mr. Ruano: No, no, they don't take a fee for this.
Commissioner Sarnoff. Okay.
Mr. Ruano: Yeah.
City ofMiami Page 15 Printed on 4/9/2008
City Commission
Meeting Minutes March 27, 2008
Chair Sanchez: All right. Any further questions? Vice Chair, you're recognized for the record.
Vice Chair Spence -Jones: Actually, Mr. Chairman, I think our City -- Madam City Attorney had
some comments on this particular -- this is why this item was pulled originally, right?
Julie O. Bru (City Attorney): No, no. There was just additional information, descriptive
information about the performance measurements. It was just added and it was, I believe,
distributed to the Commissioners on Tuesday. So to the extent that it wasn't printed like that, we
wanted to put it on the record.
Vice Chair Spence -Jones: Okay. So I just wanted to make sure that --
Ms. Bru: Yes.
Vice Chair Spence -Jones: -- because that's --
Chair Sanchez: All right.
Vice Chair Spence -Jones: -- what everyone thinks.
Chair Sanchez: Need a motion, as amended.
Commissioner Sarnoff. So moved.
Vice Chair Spence -Jones: Second.
Chair Sanchez: There's a motion by Commissioner Sarnoff, second by Vice Chair Spence -Jones,
as amended. We are on CA.9. No further discussion on the item. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, CA.9
carries.
CA.10 08-00289 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS
Public Works RECEIVED FEBRUARY 13, 2008, PURSUANT TO INVITATION FOR BID NO.
34011, FROM ENVIRO WASTE SERVICES GROUP, INC. A.K.A.
ENVIROWASTE SERVICES GROUP, INC. (PRIMARY) AND WASTE
MANAGEMENT OF DADE COUNTY, INC. A.K.A. WASTE MANAGEMENT
INC. OF FLORIDA (SECONDARY), THE TWO (2) LOWEST RESPONSIVE
AND RESPONSIBLE BIDDERS, FOR THE PROVISION OF VACTOR TRUCK
DEBRIS HAULING, THE DEPARTMENT OF PUBLIC WORKS, ON AN
AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD
OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2)
ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE
VARIOUS SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND
BUDGETARY APPROVAL AT THE TIME OF NEED.
City of Miami Page 16 Printed on 4/9/2008
City Commission
Meeting Minutes March 27, 2008
08-00289 Legislation.pdf
08-00289 Summary Form.pdf
08-00289 Award Recommendation.pdf
08-00289 Award Sheet.pdf
08-00289 Tabulation Sheet.pdf
08-00289 Sourcing.pdf
08-00289 Invitation for Bid.pdf
08-00289 Letter.pdf
08-00289 Information Page.pdf
08-00289 Sourcing2.pdf
08-00289 Bid List.pdf
08-00289 Corporation.pdf
08-00289 Corporation2.pdf
08-00289 Invitation for Bid2.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
R-08-0160
CA.11 08-00292 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN
Improvements APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND
Program NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM,
IN SUBSTANTIALLY THE ATTACHED FORM, IN AN AMOUNT NOT TO
EXCEED $90,000, FOR THE BICENTENNIAL PARK MOORING BOLLARDS
DESIGN -PHASE I ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE
CITY OF MIAMI'S REQUIRED MATCHING FUNDS FOR FIFTY PERCENT
(50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED
$45,000, FROM CAPITAL IMPROVEMENT PROJECT B#30605;
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER
NECESSARY DOCUMENTS FOR SUBMISSION OF SAID GRANT
APPLICATION FOR FISCAL YEAR 2008-2009.
08-00292 Legislation.pdf
08-00292 Exhibit.pdf
08-00292 Exhibit2.pdf
08-00292 Summary Form.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
R-08-0161
CA.12 08-00295 RESOLUTION
Office of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Sustainable ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT
Initiatives ENTITLED: "MIAMI GREEN LAB FUND," AND APPROPRIATING FUNDS FOR
THE OPERATION OF SAME, CONSISTING OF A GRANT FROM HOME
DEPOT FOUNDATION, PASSED THROUGH TO THE DADE COMMUNITY
City of Miami Page 17 Printed on 4/9/2008
City Commission
Meeting Minutes March 27, 2008
FOUNDATION, DIRECTLY TO THE CITY OF MIAMI, IN THE AMOUNT OF
$749,000; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT
AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS TO
IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD; AUTHORIZING THE
EXPENDITURE OF FUNDS TO CONSTRUCT THE MIAMI GREEN LAB.
08-00295 Legislation.pdf
08-00295 Exhibit.pdf
08-00295 Summary Form.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
R-08-0162
CA.13 08-00288 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
Purchasing CONTRACTUAL SERVICES AGREEMENTS ("AGREEMENTS") FOR
SUPPORTED EMPLOYMENT SERVICES FOR THE EDUCATION OF
STUDENTS WITH DISABILITIES, FROM COMMUNITY HABILITATION
CENTER, INC., D/B/A CHC, INC., EASTER SEALS SOUTH FLORIDA, INC.,
MACTOWN, INC., UNITED CEREBRAL PALSY ASSOCIATION OF MIAMI,
INC., AND WORK OPPORTUNITIES UNLIMITED CONTRACTS, INC. A/K/A
WORK OPPORTUNITY UNLIMITED CONTRACTS, INC., UTILIZING
EXISTING AGREEMENTS PURSUANT TO THE SCHOOL BOARD OF
MIAMI-DADE COUNTY, FLORIDA REQUEST FOR PROPOSALS NO.
056-GG10, EFFECTIVE THROUGH JUNE 30, 2008, WITH THE OPTION TO
EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, SUBJECT
TO FURTHER EXTENSIONS AND/OR REPLACEMENT AGREEMENTS
THERETO BY THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA;
ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM
THE USER DEPARTMENTS AND AGENCIES, AS NEEDED, SUBJECT TO
AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF
NEED.
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City Commission
Meeting Minutes March 27, 2008
08-00288 Legislation.pdf
08-00288 Summary Form.pdf
08-00288 Fax Pages.pdf
08-00288 RFQ.pdf
08-00288 Attachments.pdf
08-00288 Sworn Statement.pdf
08-00288 Notice of Bidders.pdf
08-00288 RFQ2.pdf
08-00288 Employment Guidelines.pdf
08-00288 Career Profile.pdf
08-00288 Determination Checklist. pdf
08-00288 Calendar.pdf
08-00288 Contact Log.pdf
08-00288 Supporting Documents.pdf
08-00288 Anti-Collusion.pdf
08-00288 Proposers Fee.pdf
08-00288 Supporting Document2.pdf
08-00288 Supporting Document3.pdf
08-00288 Supporting Document4.pdf
08-00288 Supporting Document5.pdf
08-00288 Letters.pdf
08-00288 Attachment C.pdf
08-00288 Attachment D.pdf
08-00288 Attachment E.pdf
08-00288 Appendix A.pdf
08-00288 Appendix B.pdf
08-00288 Resumes.pdf
08-00288 Required Attachments.pdf
08-00288 Corporation Papers.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Comm
R-08-0163
CA.14 08-00307 RESOLUTION
District 2-
Commissioner
Marc David Sarnoff
ssioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY URGING
GOVERNOR CHARLIE CRIST AND THE MEMBERS OF THE FLORIDA
LEGISLATURE TO SUPPORT HOUSE BILL 369 ENTITLED "DRIVING
UNDER THE INFLUENCE ("DUI")" AND COMPANION SENATE BILL 456
ENTITLED "IGNITION INTERLOCK DEVICE/DUI, BEING PRESENTED
DURING THE 2008 LEGISLATIVE SESSION; DIRECTING THE CITY CLERK
TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS
DESIGNATED HEREIN.
08-00307 Legislation.pdf
Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
R-08-0167
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City Commission
Meeting Minutes March 27, 2008
Chair Sanchez: All right. We go to CA.14. Commissioner --
Commissioner Sarnoff. Mr. Chair.
Chair Sanchez: -- Sarnoff, you're recognized for the record.
Commissioner Sarnoff. This is a resolution I'm bringing about which many other cities have
promoted -- in which the chiefs of police have promoted, and it is Supportive [sic] House Bill
369, which is entitled the "Driving Under the Influence" DUI 2000 [sic] Act, as well as the
companion Senate Bill 456, which is entitled "Ignition InterlockDevice/DUI, " that requires
ignition interlock devices for a specified period of time after the first conviction of certain
offenses, revises provisions in relating to the period for which ignition interlock devices may be
required for a second conviction of certain offenses, and reduces the maximum permissible blood
alcohol level at which ignition interlock devices will allow a vehicle to start. Stated plainly, this
puts teeth in a conviction for a DUI where a person has to blow into an object prior to their
ignition working as part of their probation and/or parole for which their conviction is -- when
they're convicted of DUI. I can think of nothing that would probably work better than to have a
person monitored as closely as with the vehicle they drive and having this type of interlock
device placed on there. I would hope that the fel -- my fellow Commissioners would support me
as the Mothers Against Drunk Drivers are promoting this ord -- this legislation --
Chair Sanchez: House Bill.
Commissioner Sarnoff. -- in -- correct -- the Tallahassee, and that this City can join many other
cities which have equally promoted this type of resolution.
Chair Sanchez: All right. There's a motion. Is there a second?
Commissioner Gonzalez: Second.
Commissioner Regalado: Second.
Chair Sanchez: Second by Commissioner Gonzalez. Any further discussion on that item?
Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion passed. And
that's a resolution supporting the House Bill "Driving Under the Influence, " which was stated on
the record by Commissioner Sarnoff. All right, that takes care of the consent agenda.
Adopted the Consent Agenda
Motion by Commissioner Gonzalez, 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
Chair Sanchez: All right. We move on to the consent agenda. Are there any items to be pulled
for discussion on the consent agenda? There are 14 items on the consent agenda. Any items to
be pulled for discussion on the consent agenda?
Commissioner Sarnoff. Yes, CA.3, CA.5, and CA.14.
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City Commission
Meeting Minutes March 27, 2008
Chair Sanchez: CA. 3, CA.5, and CA.14?
Commissioner Sarnoff. Yes.
Chair Sanchez: Any other items? If not, we need a motion to approve the remaining of the
consent agenda. Madam Attorney --
Julie O. Bru (City Attorney): Yes.
Chair Sanchez: -- before we vote.
Ms. Bru: Mr. Chairman, just for the record, on consent item 9, there was additional descriptive
information provided to us today. It isn't any substantial modification or anything, but just for
the record; because the item that was substituted this morningjust has an additional descriptive
information.
Chair Sanchez: Madam Attorney, I would request that we pull that for discussion, and the
amendments, or any modification be placed on the record for those that are in attendance and
those that are watching on TV (Television). So let's go ahead and include that item, which is
RE.9 [sic], to be pulled. So we pulled four items. Is there a motion to approve the remaining of
the consent agenda?
Commissioner Gonzalez: Move it.
Chair Sanchez: There's a motion by --
Commissioner Regalado: Second.
Chair Sanchez: -- Commissioner Gonzalez, seconded by Commissioner Regalado. No
discussion on the item. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." All right.
City of Miami Page 21 Printed on 4/9/2008
City Commission
Meeting Minutes March 27, 2008
PUBLIC HEARING
PH.1 08-00290 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS
Fire -Rescue (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S
FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE
PROCUREMENT OF REPAIR SERVICES OF MSA THERMAL IMAGING
CAMERAS FOR THE DEPARTMENT OF FIRE -RESCUE, FROM MINE
SAFETY APPLIANCES COMPANY, THE SOLE SOURCE PROVIDER, ON A
CONTRACT BASIS FOR A ONE-YEAR PERIOD, WITH THE OPTION TO
EXTEND FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, AT A FIXED
AND FIRM LABOR RATE OF $100, PER HOUR, FOR THE THREE (3) YEAR
PERIOD, IF OPTIONS ARE EXERCISED, AND PARTS CALCULATED USING
MANUFACTURERS CURRENT LIST PRICING; ALLOCATING FUNDS FROM
THE VARIOUS SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS
AND BUDGETARY APPROVAL AT THE TIME OF NEED.
08-00290 Legislation.pdf
08-00290 Summary Form.pdf
08-00290 Memo.pdf
08-00290 Memo2.pdf
08-00290 Memo3.pdf
08-00290 Notice to Public.pdf
08-00290 E-mail.pdf
08-00290 Letter.pdf
08-00290 Letter2.pdf
Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
R-08-0168
Chair Sanchez: Let's go to the public hearing. We'll go to PH.1. PH.1 is a -- it requires a
four fifth, and it is a resolution coming to us via Department of Fire -Rescue. All right.
Procurement director, you're recognized for the record.
Glenn Marcos: Thank you, Commissioner. Glenn Marcos, Purchasing director. Before you is
an item, and it's a sole source to acquire repair services for thermal imaging cameras on behalf
ofFire-Rescue. If you recall, last Commission meeting you had a piggyback of a late County bid
that, in essence, would allow the Fire -Rescue to purchase the same thermal imaging cameras
from the same provider. The provider is the manufacturer. Therefore, this is a sole source.
They're the only ones who can repair these cameras, and this contract will allow them to repair
the cameras on an as -needed, when -needed basis.
Chair Sanchez: All right.
Commissioner Gonzalez: Move it.
Chair Sanchez: There's a motion --
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City Commission
Meeting Minutes March 27, 2008
Vice Chair Spence -Jones: Second.
Chair Sanchez: -- by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones. Any
discussion on the item? Before we go to discussion, it requires a public hearing. Anyone from
the public wishing to address this item, please step forward and be recognized. Seeing none,
hearing none, for the record the public hearing is closed; coming back to the Commission.
Discussion on PH.1, which is a resolution. Hearing no discussion on the item, all in favor, say
"aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries.
Madam Clerk, PH 1 has been approved.
City of Miami Page 23 Printed on 4/9/2008
City Commission
Meeting Minutes March 27, 2008
FR.1 08-00314
District 2-
Commissioner
Marc David Sarnoff
ORDINANCE - FIRST READING
ORDINANCE First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS
(4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER 2/ARTICLE X OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED
"ADMINISTRATION/CODE ENFORCEMENT," MORE PARTICULARLY BY
AMENDING SECTIONS 2-814(C) AND 2-817(B), TO INCREASE THE
MAXIMUM DAILY FINES; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
08-00314 Legislation FR/SR.pdf
08-00314 Cover Memo SR.pdf
08-00314 Cover Memo FR.pdf
Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter
be PASSED ON FIRST READING PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado
Absent: 1 - Commissioner Spence -Jones
Chair Sanchez: All right. We move on to ordinance on first reading.
Commissioner Gonzalez: I'll move FR.1.
Chair Sanchez: FR.1. Can we just have somebody --
Commissioner Sarnoff. Second.
Chair Sanchez: --from the Department state for the record what it is?
Maria J. Chiaro (Assistant City Attorney): I can state it.
Chair Sanchez: Yeah, go ahead.
Ms. Chiaro: This is --
Chair Sanchez: Just read something for the record. In other words, I -- as the Chair -- and I
think none of my colleagues would appreciate us voting on an item that people that are watching
it at home on Channel 77 don't know exactly what we're voting for. It's important that we put
something on the record and then we vote. That's good legislation.
Ms. Chiaro: This ordinance allows for increased penalties up to the statutory maximum of
$1, 000 a day for violations of the mural ordinance, if the mural ordinance is approved. So we
have enhanced fines for two things in this City if this ordinance is approved, for tree violations
and for mural violations. The reason that we have this ordinance, even though the County has
enhanced fines for the violations of the mural ordinance, is so that we can control the process
and the fines and how we enforce the violations of our mural ordinance. We can additionally
enforce under the County Code, but we have this in our Code Enforcement procedures so that we
have more control on the penalties and the fines.
Chair Sanchez: All right.
Pedro G. Hernandez (City Manager): Mr. Chairman, ifI may. Also, this is an item that is a
companion to the mural ordinance that was discussed two weeks ago, and will be coming back to
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City Commission
Meeting Minutes March 27, 2008
you on April 10 together with the mural ordinance; and it's an enforcement tool that we needed
to bring up to the $1, 000 level in order to control illegal murals that otherwise would be paying
$250 a day.
Chair Sanchez: So the idea is to pass it today, bring it back on second reading April 10 --
Mr. Hernandez: Yes.
Chair Sanchez: -- where we would vote on it; and therefore, it would be accompanying the
murals ordinance?
Mr. Hernandez: Right.
Chair Sanchez: Is that the intent? All right.
Mr. Hernandez: And it will provide the necessary enforcement tools that we need as part of the
mural program.
Chair Sanchez: How about repeat offenders? The fine goes up to --
Commissioner Sarnoff. Five thousand.
Chair Sanchez: -- $5, 000?
Commissioner Sarnoff. Yeah.
Mr. Hernandez: Yes, sir.
Chair Sanchez: Okay. All right. Any questions on this ordinance? It's on first reading. All
right. It is a public hearing. Anyone from the public wishing to address this item, please step
forward and be recognized. Once again, the hearing was opened and closed; coming back to the
Commission. It is an ordinance on first reading. No further discussion. Madam Attorney, read
the ordinance into the record, followed by a roll call.
The Ordinance was read by title into the public record by Assistant City Attorney Maria J.
Chiaro.
Chair Sanchez: Roll call.
Priscilla A. Thompson (City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been passed on first reading, 4/0.
City of Miami Page 25 Printed on 4/9/2008
City Commission
Meeting Minutes March 27, 2008
RESOLUTIONS
RE.1 08-00291 RESOLUTION
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF JOHN
DOUGLAS, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440,
FLORIDA STATUTES, THE TOTAL SUM OF $150,000, IN FULL
SETTLEMENT OF ALL CLAIMS FOR ATTENDANT CARE, ATTORNEY'S
FEES AND COSTS FOR ALL DATES OF ACCIDENT ALLEGED AGAINST
THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES,
WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A STRAIGHT
STIPULATION TO RESOLVE ALL PENDING CLAIMS AGAINST THE CITY OF
MIAMI AND ITS PRESENT AND FORMER OFFICERS, AGENTS, AND
EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS, ALLOCATING
FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND,
INDEX CODE NO. 05002.301001.524000.0000.00000.
08-00291 Legislation.pdf
08-00291 Cover Memo.pdf
08-00291 Memo.pdf
Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado
Absent: 1 - Commissioner Spence -Jones
R-08-0169
Chair Sanchez: All right. We move on to the resolutions. Let's go to RE.1. It's a resolution. It's
being presented by the Office of the City Attorney. It is a settlement. All right. Madam Attorney,
you're recognized for the record.
Julie O. Bru (City Attorney): Chairman, this is a settlement of a Workers' Compensation claim.
We have briefed each Commissioner individually. To the extent that this involves matters
dealing with medical conditions, we'd rather not discussion it on the floor, but it's recommended
for a settlement.
Commissioner Gonzalez: I'll move RE.1.
Commissioner Sarnoff. Second.
Chair Sanchez: All right. For the record, it is a resolution. The motion has been proffered by
Commissioner Gonzalez and second by Commissioner Sarnoff. It is a settlement resolution, not
requiring a public hearing. Any further discussion on this item, which is RE.1? Hearing no
further discussion, we are ready for a vote. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, RE.1 is
approved, 5/0.
RE.2 08-00296 RESOLUTION
City of Miami Page 26 Printed on 4/9/2008
City Commission
Meeting Minutes March 27, 2008
Office of the City
Attorney
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY JOSE L. FALLAD, SUBJECT TO THE
CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE
TOTAL SUM OF $60,000, IN FULL SETTLEMENT OF ALL CLAIMS AND
DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS
OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF
LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT,
RESIGNATION AND GENERAL RELEASE OF THE CITY OF MIAMI AND ITS
PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM
ANY AND ALL CLAIMS AND DEMANDS, ALLOCATING FUNDS FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO.
05002.301001.524000.0000.00000.
08-00296 Legislation.pdf
08-00296 Cover Memo.pdf
08-00296 Memo.pdf
Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado
Absent: 1 - Commissioner Spence -Jones
RE.3 07-01424A
Office of the City
Attorney
R-08-0170
Chair Sanchez: Next item on the agenda is RE. 2, also a resolution, also a settlement. Madam
Attorney, you're recognized for the record.
Julie O. Bru (City Attorney): Yes. Also -- Mr. Chairman, this is also a recommendation by the
City Attorney to settle this matter. It's also a Workers' Compensation claim, pursuant to Chapter
440; and we're recommending a total sum of $60, 000 in full settlement of all claims in this
matter.
Commissioner Gonzalez: Move RE. 2.
Commissioner Sarnoff. Second.
Chair Sanchez: All right. A motion has been proffered by Commissioner Gonzalez, second by
Commissioner Sarnoff. Discussion on the item. Hearing no discussion on the item -- it's a
resolution -- all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries,
Madam Clerk, four, with one Commissioner absent.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION CONSENTING TO THE
ADMINISTRATION OF THE CLASS AND CITY SETTLEMENT AND THE
CLASS AND ADORNO AND YOSS LAW FIRM SETTLEMENT IN THE CASE
OF CARL L. MASZTAL, JOSEPH A. GRAUPIER, JUANA MARTINEZ, AND
MARISOL FERNANDEZ V. CITY OF MIAMI AND THE STATE OF FLORIDA,
CASE NOS. 98-11208 CA 31 AND 05-2117 CA 22, IN THE ELEVENTH
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA.
City of Miami Page 27 Printed on 4/9/2008
City Commission
Meeting Minutes March 27, 2008
07-01424a Legislation.pdf
07-01424a Cover Memo.pdf
Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado
Absent: 1 - Commissioner Spence -Jones
R-08-0171
Chair Sanchez: All right. Let's go to RE.3. RE. 3 is a resolution, and that is pertaining to the
fire fee. Mr. Attorney, you're recognized for the record; or Madam Attorney, do you want to
introduce --?
Julie O. Bru (City Attorney): Yes. Mr. Chairman, I have here Scott Cole, from the firm of Scott
Cole and Kissane. He has been, along with his partner, representing the City on this case.
We're here on a resolution which would authorize the Administration of both settlements in this
matter. As you know, the Commission approved a settlement in this case back in July of 2007,
and we have been working along with class counsel to try to resolve the issues that were pending
between the class and their former counsel. At this time, the judge, who is presiding over this
case, Judge Rodriguez, has requested that this Commission formally authorize for both
settlements to be administered at the same time. Mr. Cole is going to give you additional
information on this, and he's also prepared to answer any questions. And see that also present
here is class counsel -- one of the class counsel. So Mr. Cole.
Scott Cole: Thank you, Madam --
Chair Sanchez: All right, sir, you're recognized for the record. Please state your name and
address for the record.
Mr. Cole: Thank you, Mr. Chairman and Madam City Attorney. My name is Scott Cole. My
address is 1390 Brickell Avenue, Miami. I'd like to just follow up with what the Madam City
Attorney stated -- and good morning to the rest of the members of the Commission as well -- is
that Judge Rodriguez had asked, due to the date of approval of the fire fee settlement by this
body, that this body also approve the joint administration of the City and class settlement with
the Adorno & Yoss and class settlement. And that is a very -- that's all we're here for today to
just get approval for that.
Chair Sanchez: So basically what you're asking for is for the City to pair the Adorno firm fire
fee settlement with the City's own settlement?
Mr. Cole: Yes, Mr. Chairman.
Chair Sanchez: In that way, basically there are no -- there are -- there's just one process.
Mr. Cole: Yes.
Chair Sanchez: And we don't end up with two process [sic] with further delays.
Mr. Cole: Yes. That's exactly right. The reason we're doing it -- andl recognize, as outside
counsel, that not only the City Attorney's Office, but this Commission has been very proactive, I
will say, in asking us to get this settlement done as quickly as possible, with as much money as
possible to the people. I know this body has been on top of our law firm to get that done. We
have strived to get that done. We are asking that this body approve this resolution for several
reasons, and we think the Commission will support, first and foremost, it gets more money into
the people's pockets. Not only now will the people get the benefit of the monies that this
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City Commission
Meeting Minutes March 27, 2008
Commission approved in settlement, but it'll also get an addition $1.6 million that the Adorno &
Yoss law firm will contribute to the settlement. Second, the people will save money in attorneys'
fees and administrative costs. Class counsel has already stated on the record before Judge
Rodriguez they will not seek additional attorneys' fees for the Adorno settlement, so that's a
benefit to the people. Third, and also importantly, is that the administrative costs that would be
charged to the people if they had to separate and administer the settlement separately will not be
charged. Since the settlements will be administered together, there will only be one
administrative cost. And fourth, and also as importantly, is that it's done for the convenience of
the taxpayers and the people because, as you've said, Mr. Chairman, it streamlines the process.
Instead of getting two notices, two requests for refund forms, having two opt -out dates, having
two dates to object to the settlement, having two hearings in the court, there's only going to be
one. The settlements will be administered jointly; although they are separate, but it will save the
people and it will give them more money back in their pockets that'll be more convenient for
them.
Chair Sanchez: All right.
Mr. Cole: And for that reason, we brought this before the body. I know -- I also wanted to point
out that counsel for Adorno & Yoss is here. We all support it. We believe the judge supports it.
And this is why we're bringing it before this Commission.
Chair Sanchez: Well, based on what's in this resolution, which is basically to put them both
together to create one settlement, that's savings of money, which will mean more people will get
more rebate or a refund or whatever you're going to call it. I think it's a no-brainer, so any
questions on --?
Commissioner Gonzalez: All right. Move RE.3.
Chair Sanchez: All right, there's a motion.
Commissioner Regalado: Second.
Chair Sanchez: Second. Commissioner Regalado, you're recognized for the record.
Commissioner Regalado: Just got one question. The timeline to start the rebate process, once
Judge Rodriguez receive this, is it over in terms of the courts or do we have any other hearing?
Mr. Cole: No, Commissioner Regalado, it's not over. We -- I don't believe we'll have another
hearing here, but we will -- what Judge Rodriguez will do, and he's already indicated he will do,
is once this Commission approves the joint administration of the settlements, he'll sign the
preliminary approval order. At that point notice will be mailed out to all the potential class
members, notice will be published in the Miami Herald, el Nuevo Herald; the website will be up
and running; the administrator will be able to answer questions, and it's going to be in three
languages as we approved prior. Then the judge will set a final hearing date, and that's when
the people can come and either opt out of the class or object to certain portions of the settlement.
So the judge estimated to us in court about two weeks ago that he anticipates the final hearing
will be in late May or early June. After that, then you have the period when the checks will be
issued.
Commissioner Regalado: Okay.
Chair Sanchez: All right. Any further discussion on the item -- resolution? If not, there's a
motion for the record and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
City of Miami Page 29 Printed on 4/9/2008
City Commission
Meeting Minutes March 27, 2008
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and
passes 4 -- all right, 4/0. She was not present at that time.
RE.4 08-00319 RESOLUTION
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
Attorney DIRECTOR OF FINANCE TO PAY DONALD R. SPADARO, AS LIMITED
GUARDIAN FOR JERRY FRANK TOWNSEND, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $2,200,000 IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI, ITS CURRENT OR FORMER DEPARTMENTS, AGENCIES,
INSTRUMENTALITIES, OFFICIALS, OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, IN THE CASE OF JERRY FRANK TOWNSEND v. CITY OF
MIAMI, IN THE UNITED STATES DISTRICT COURT, CASE NO.:
03-21072-CIV-JORDAN, UPON THE EXECUTION BY DONALD R. SPADARO,
AS LIMITED GUARDIAN FOR JERRY FRANK TOWNSEND, OF A GENERAL
RELEASE OF THE CITY OF MIAMI, ITS CURRENT OR FORMER
DEPARTMENTS, AGENCIES, INSTRUMENTALITIES, OFFICIALS,
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, OF ALL CLAIMS AND
DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI, AND ALL OTHER
DEFENDANTS, WITH PREJUDICE; ALLOCATING FUNDS FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO.
05002.301001.545000.0000.00000.
08-00319 Legislation.pdf
08-00319 Cover Memo.pdf
08-00319 Memo.pdf
DEFERRED
A motion was made by Commissioner Gonzalez, seconded by Commissioner Sarnoff, and was
passed unanimously, to defer item RE.4 to the City Commission meeting currently scheduled for
May 8, 2008.
Chair Sanchez: All right. Moving along, let's go to RE.4. RE.4 is a settlement, but I think that's
going to be continued.
Julie O. Bru (City Attorney): Yes. Mr. Chairman, I would like to continue this to the next
regular agenda, which is in May --
Chair Sanchez: All right.
Ms. Bru: -- please.
Chair Sanchez: Well, let me just clear it for the record here. There has been some request to
continue some of the items to the next regular Commission meeting. It is a voluminous agenda.
I have basically stated that if there are any items that are continued, they can be moved to the
next, not the following, but the next regular Commission meeting because the next regular
Commission meeting is going to be a dandy [sic].
Ms. Bru: I would ask that you allow me to work on that because I believe that we do have a trial
date, and to the extent that this seeks a settlement, an authorization to enter into a settlement, we
do have a 45-day window of opportunity to reach a settlement. So I would ask that you let me
work with that and see if we can continue it to the June agenda, but if it becomes an issue with
the courts, I would then work with the Clerk to try --
City of Miami Page 30 Printed on 4/9/2008
City Commission
Meeting Minutes March 27, 2008
Chair Sanchez: Well, I"ll be --
Ms. Bru: -- and the Manager.
Chair Sanchez: -- more than happy to work with the Administration --
Ms. Bru: Yes.
Chair Sanchez: -- and the Chair to --
Ms. Bru: Okay.
Chair Sanchez: -- take care of this.
Ms. Bru: Thank you.
Chair Sanchez: All right.
Priscilla A. Thompson (City Clerk): Commissioner --
Chair Sanchez: RE.5.
Ms. Thompson: I'm sorry, Chair, are we having a motion to continue to the May 8 meeting? Is
that it?
Ms. Bru: Yes.
Ms. Thompson: Okay. So we're deferring to the May 8 meeting, and we do need a vote.
Commissioner Sarnoff. Second.
Chair Sanchez: All right. There's a motion and a second. Motion was made by Commissioner
Gonzalez, second by Commissioner Sarnoff. No discussion on the item. All in favor, say "aye.'
The Commission (Collectively): Aye.
Chair Sanchez: Anyone --
Ms. Thompson: Thank you.
Chair Sanchez: -- in opposition, having the same right, say "nay.
RE.5 07-00721 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Capital ATTACHMENT(S), AUTHORIZING A GRANT TO THE MUSEUM OF
Improvement SCIENCE, INC. D/B/A MIAMI MUSEUM OF SCIENCE AND PLANETARIUM
Programs/Transpor ("MMOS"), TO SUPPORT THE DEVELOPMENT OF A NEW SCIENCE
tation MUSEUM AND PLANETARIUM FACILITY IN THE CITY OF MIAMI-OWNED
BICENTENNIAL PARK, IN AN AMOUNT UP TO $738,000, AS A FIFTY
PERCENT (50%) MATCH FOR CAPITAL COMPONENTS FOR A GRANT
FROM THE UNITED STATES DEPARTMENT OF ENERGY, NATIONAL
ENERGY TECHNOLOGY LABORATORY, FOR THE RENEWABLE ENERGY
PROJECT, APPROVED BY A REFERENDUM OF THE VOTERS IN
NOVEMBER, 2001, AS A SPECIFIED PROJECT IN THE HOMELAND
City of Miami Page 31 Printed on 4/9/2008
City Commission
Meeting Minutes March 27, 2008
DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROGRAM;
ALLOCATING SAID FUNDS FROM B-78502, CAPITAL IMPROVEMENT
PROJECT NO. 333143, ENTITLED "MUSEUM OF SCIENCE -DEVELOPMENT
IN BICENTENNIAL PARK UNITED STATES DEPARTMENT OF ENERGY,
NATIONAL TECHNICAL LABORATORY RENEWABLE ENERGY PROJECT;"
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO
THE EXISTING PROJECT CO-OPERATION AGREEMENT WITH MMOS (THE
"ORIGINAL GRANT AGREEMENT), IN SUBSTANTIALLY THE ATTACHED
FORM, TO INCREASE THE FUNDING UNDER THE ORIGINAL GRANT
AGREEMENT FROM AN AMOUNT OF $700,000 TO AN AMOUNT UP TO
$1,430,000, FOR SAID PURPOSE, AND IN COMPLIANCE WITH
REQUIREMENTS OF THE HOMELAND DEFENSE NEIGHBORHOOD
IMPROVEMENT BOND PROGRAM.
07-00721 Legislation V2.pdf
07-00721-Exhibit V2-SUB.pdf
07-00721 Exhibit V2.pdf
07-00721 Summary Form.pdf
07-00721 Letter.pdf
07-00721 Project Info.pdf
07-00721 Master Report.pdf
07-00721 Pre -Summary Form.pdf
07-00721 Agreement.pdf
07-00721 Exhibit A.pdf
07-00721 Exhibit B.pdf
07-00721 Master Report2.pdf
07-00721 Exhibit C.pdf
07-00721 I nsurance. pdf
07-00721 Resolution.pdf
07-00721 Corporation.pdf
07-00721 Resolution2.pdf
Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter
be ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
R-08-0172
Chair Sanchez: We move on to RE.5. RE.5 is a resolution, and that's being brought to us by the
Department of Capital Improvement Programs and Transportation. Sir, you're recognized for
the record.
Ola Aluko: Good morning, Chair. Ola Aluko, director of Capital Improvements, City ofMiami.
RE.5 is a resolution to authorize the amendment, number one, to the grant agreement with the
Miami Science Museum, which increases the grant amountfrom -- by $738, 000 from $700,000
to -- in a total amount not to exceed $1.438 million. This is to support the development of a new
museum facility at the City -owned Bicentennial Park.
Commissioner Sarnoff. Ola, I just -- I'm sorry, Mr. Chair.
Chair Sanchez: All right. Commissioner Sarnoff, you're recognized on this item.
Commissioner Sarnoff. Ola, this isn't an additional 738,000; this is allowing them to pledge of
the two million that has been part of that?
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City Commission
Meeting Minutes March 27, 2008
Mr. Aluko: This is a 700 -- $738,000 is in addition to the $700,000 that they were awarded back
in 2005.
Commissioner Sarnoff. Right.
Pedro G. Hernandez (City Manager): But it's also part of the two million --
Commissioner Sarnoff. Right. 'Cause the newspaper --
Mr. Hernandez: -- that is pending.
Commissioner Sarnoff. No, I understand. I'm merely trying to clam what the newspaper wrote
'cause the newspaper wrote that this was an additional $738, 000 that was going to -- right --
that was coming out of our bond money and it's not. It's part of the $2 million that had been set
aside for this. And the reason we're doing this is because they received a matching grant from
the United States Department of Energy --
Mr. Aluko: Energy.
Commissioner Sarnoff. -- and without being allowed to demonstrate access to those funds, they
would have --
Mr. Aluko: They have to raise --
Commissioner Sarnoff. -- lost $738, 000.
Mr. Aluko: That is correct, Commissioner.
Chair Sanchez: Is the ultimate total two million or two seven?
Mr. Aluko: Two mill --
Chair Sanchez: The ultimate total, is it two million or two seven? That's the -- you know --
Mr. Hernandez: It's 2.7, sir.
Chair Sanchez: Two point seven.
Mr. Hernandez: Two point seven.
Chair Sanchez: Okay. All right. Any further discussions on this item? If not, it's a resolution.
Commissioner Gonzalez: I'll move --
Chair Sanchez: Madam Clerk.
Commissioner Gonzalez: -- RE. 5.
Chair Sanchez: Hold on. Madam Clerk.
Priscilla A. Thompson (City Clerk): I'm sorry, Chair. I have in my possession an amendment to
the document that was handed to our office yesterday evening. It says here draft amendment to
project cooperation agreement. Is that a modification now to the actual document that was
presented to the public?
City of Miami Page 33 Printed on 4/9/2008
City Commission
Meeting Minutes March 27, 2008
Mr. Aluko: It's an attachment to that document, Madam Clerk.
Ms. Thompson: Thank you.
Chair Sanchez: So it would be as amended? Okay. The maker of the motion, as amended?
Commissioner Gonzalez: With attachments.
Chair Sanchez: Okay. Commissioner Gonzalez makes a motion --
Commissioner Sarnoff. Second.
Chair Sanchez: -- to approve the resolution, as amended, seconded by Commissioner Sarnoff.
Any further discussion on the item? Hearing none, it's a resolution, RE.5. All in favor, say
"aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries.
Madam Clerk, RE.5 was approved, 5/0. Okay.
City of Miami Page 34 Printed on 4/9/2008
City Commission
Meeting Minutes March 27, 2008
PART B
Chair Sanchez: All right. Let's go ahead and take up PZ. 1. You all start setting up on PZ.1.
Madam Attorney, could you read into the record the procedures?
Maria J. Chiaro (Assistant City Attorney): Yes. PZ (Planning & Zoning) items shall proceed as
follows. Before the PZ agenda is heard, all those wishing to speak will be sworn in by the City
Clerk. Staff will briefly describe the request, whether an appeal, special exception, vacation, text
amendment, zoning change, land use change or MUSP (Major Use Special Permit) and make its
recommendation. The appellant or petitional [sic] will then present the request. The appellee, if
applicable, will present its position. Members of the public will be permitted to speak on certain
petitions, and the petitioner may ask questions of staff the appellant or petitioner will be
permitted to make final comments. Mr. Chair, if -- before the swearing in, you may consider any
items that are requesting a continuance; it is after 10 o'clock.
Chair Sanchez: All right. Ladies and gentlemen, before we do this, all those here today that
would be addressing this Commission speaking on any of the items pertaining to Planning and
Zoning, you must check in with the City Clerk, and you need to be sworn in. So all those that'll
be addressing this Commission, please stand, raise your right hand, and be sworn in by our City
Clerk.
Priscilla A. Thompson (City Clerk): If you are testifying, can you please stand and raise your
right hand.
The City Clerk administered oath required under City Code Section 62-1 to those persons giving
testimony on zoning issues.
Ms. Thompson: Thank you.
Chair Sanchez: Okay. Ladies and gentlemen, Mr. City Manager, any of the Commissioners, are
there any items that you would like to continue or defer?
Commissioner Sarnoff. Yes, Mr. Chair.
Chair Sanchez: All right.
Commissioner Sarnoff. PZ. 7, I'd like to continue.
Chair Sanchez: PZ.7, continue. Continue to what date?
Commissioner Sarnoff. Next PZ (Planning & Zoning) item -- next PZ agenda. That would be, I
believe, in April --
Ms. Thompson: April 24.
Commissioner Sarnoff. Right.
Chair Sanchez: All right.
Lourdes Slazyk (Director, Zoning): And for the record, Lourdes Slazyk from Zoning. We would
also like to ask for an indefinite deferral on PZ. 9. It's part of companion items that are not --
that we're holding back to rewrite --
Chair Sanchez: All right.
City of Miami Page 35 Printed on 4/9/2008
City Commission
Meeting Minutes March 27, 2008
Ms. Slazyk: -- so --
Chair Sanchez: Let's try to stay in order here, okay, so we'll take that one. Anyone else?
Vice Chair Spence -Jones: Yes, Mr. Chairman. I'd like to actually defer 5 and 6 to the next --
Chair Sanchez: Defer?
Vice Chair Spence -Jones: Yes.
Chair Sanchez: Continue?
Vice Chair Spence -Jones: Continue.
Chair Sanchez: To the next PZ item [sic]?
Vice Chair Spence -Jones: Yes, sir.
Chair Sanchez: And that was PZ.5 and 6?
Vice Chair Spence -Jones: Um -hum.
Chair Sanchez: Madam Clerk, for the record, PZ.5, PZ. 6, and PZ.7 will be continued to the next
PZ item [sic]. Need a motion.
Commissioner Sarnoff. So moved.
Chair Sanchez: There's a motion by Commissioner Sarnoff. Need a --
Commissioner Gonzalez: Second.
Chair Sanchez: -- second.
Commissioner Gonzalez: Second.
Chair Sanchez: Second by Commissioner Gonzalez. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. We
also need a motion to defer indefinitely PZ.9.
Commissioner Gonzalez: Move it.
Vice Chair Spence -Jones: Second.
Chair Sanchez: All right. There's a motion by Commissioner Gonzalez, seconded by Vice Chair
Spence -Jones. No further discussion. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries.
PZ.1 07-00513mu RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
City of Miami Page 36 Printed on 4/9/2008
City Commission
Meeting Minutes March 27, 2008
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT
PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000,
AS AMENDED, FOR THE EMPIRE WORLD TOWERS PROJECT, TO BE
LOCATED AT APPROXIMATELY 300 AND 330 BISCAYNE BOULEVARD,
227, 237, 243, 249 NORTHEAST 3RD STREET AND 230, 249 NORTHEAST
4TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A MIXED -USE PROJECT
WITH TWO 93-STORY HIGH STRUCTURES OF APPROXIMATELY 1,022
FEET TO BE COMPRISED OF APPROXIMATELY 1,557 TOTAL
MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES;
APPROXIMATELY 3,317 SQUARE FEET OF OFFICE SPACE;
APPROXIMATELY 24,741 SQUARE FEET OF RETAIL SPACE; AND
APPROXIMATELY 1,321 TOTAL PARKING SPACES; MAKING FINDINGS OF
FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING
EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE.
PAB - ITEM #3 - 07-00513mu-EWT.pdf
07-00513mu - PAB - EWT- PFS.pdf
07-00513mu - ITEM #2 - PAB-01.16.08.pdf
07-00513mu PAB Reso.PDF
07-00513mu Outside Cover.PDF
07-00513mu Inside Cover.PDF
07-00513mu Table of Contents.PDF
07-00513mu Article I. Project Information.PDF
07-00513mu I.A. Letter of Intent.PDF
07-00513mu I.B. Major Use Special Permit.PDF
07-00513mu I.C. Zoning Write-Up.PDF
07-00513mu I.D. Zoning Atlas -Land Use.PDF
07-00513mu I.E. Project Data Sheet.PDF
07-00513mu I.F. Deed-Computer.PDF
07-00513mu I.G. Ownership List.PDF
07-00513mu I.H. State of Florida Documents.PDF
07-00513mu I.I. Directory of Project Principals.PDF
07-00513mu Article II. Project Description.PDF
07-00513mu Article III. Supporting Documents.PDF
07-00513mu III. Tab 1.Minority Construction Employment Plan.PDF
07-00513mu III. Tab 2.Traffic Impact Analysis.PDF
07-00513mu III. Tab 3.Site Utility Study.PDF
07-00513mu III. Tab 4.Economic Impact Study.PDF
07-00513mu III. Tab 5.Survey of Property.PDF
07-00513mu III. Tab 6.Drawings Submitted.PDF
07-00513mu CC Revised School Board Impact Analysis.pdf
07-00513mu CC Legislation (Version 2).PDF
07-00513mu CC Exhibit A.pdf
07-00513mu CC Exhibit B.pdf
07-00513mu CC 02-28-08 Fact Sheet.pdf
07-00513 m u-Submittal-Arti cl e. pdf
07-00513m u-Submittal-LERA. pdf
07-00513mu-Submittal-Langan-Preliminary Geotechnical Engineering Study.pdf
07-00513mu MIA Height Analysis REVISED.pdf
07-00513mu CC 03-27-08 Fact Sheet.pdf
LOCATION: Approximately 300 and 330 Biscayne Boulevard,
City of Miami Page 37 Printed on 4/9/2008
City Commission
Meeting Minutes March 27, 2008
227, 237, 243, 249 NE 3rd Street and 230, 249 NE 4th Street
[Commissioner Marc David Sarnoff - District 2]
APPLICANT(S): N. Patrick Range, III, Esquire, on behalf of
Empire World Towers, LLC
FINDINGS:
PLANNING DEPARTMENT: Recommended approval with
conditions*.
PLANNING ADVISORY BOARD: Recommended approval with
conditions* to City Commission on January 16, 2008 by a vote of
7-0.
*See supporting documentation.
PURPOSE: This will allow the development of the Empire
World Towers project.
Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter
be ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado
Absent: 1 - Commissioner Spence -Jones
R-08-0173
Chair Sanchez: All right. PZ. I.
Roberto Lavernia (Chief of Land Development): Good morning, Commissioners. For the
record, Roberto Lavernia, with the Planning Department. PZ.1 was totally presented on
February 28. There was a long discussion about it, and it was continued to give the applicant
the opportunity to make an offer of increase the parking at the building, so it's the applicant
who's going to present their proposal. Thank you.
Lucia Dougherty: Good morning, Mr. Chairman, 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 morning is Kobi Karp and Jennifer McConnelly [sic], his
colleague, who are the architects. At the last Commission meeting, there were several
suggestions made by Commissioner Sarnoff, the Commissioner of the district; and pursuant to
those suggestions, we've been meeting with the City staff and the Planning staff and our traffic
consultant, and there are certain changes we'd like to proffer --
Chair Sanchez: All right.
Ms. Dougherty: -- in connection with this matter. We have placed -- and Kobi and Jennifer are
here to show you as I'm reading these -- we've placed a reversible lane exiting or ingressing
from 4th Street. This can be two lanes wide as it reaches 4th Street. So Kobi's going to show
you that. That's one of the concerns that Commissioner Sarnoff had. We kept the same ingress
from 3rd Street at one lane. However, it increases to two lanes after you get inside the building.
We've increased the exit to three lanes wide. And we can provide a fourth level of additional
valet drop-off and pick-up in a stacking area. And we've increased two additional levels of
parking, bringing the entire parking count, including lifts, to over 1,700 spaces. So we've
worked very hard. We appreciate the staffs working with us, and Commissioner Sarnoffs staff
also in connection with this matter.
Chair Sanchez: All right. Does that conclude your presentation?
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Meeting Minutes March 27, 2008
Ms. Dougherty: Yes, sir.
Chair Sanchez: This item was presented to the Commission; there were some concerns.
Commissioner Sarnoff, has those issues been addressed?
Commissioner Sarnoff Yes, Mr. Chair. This --
Chair Sanchez: All right.
Commissioner Sarnoff -- presents -- can I speak on this?
Chair Sanchez: Sure.
Commissioner Sarnoff -- an issue as to whether we in the City ofMiami should encourage
buildings to be built without requisite parking, andl guess socially engineer, if you will, people
to use mass transit. We go into this thought process knowing that four percent of all Miamians
use mass transit, andl suspect that when you spend a million five hundred thousand dollars for a
condominium, likely you're not going to be in that four percent; I would suspect you'd be even a
smaller percent. I did receive from Miami Transit an e-mail (electronic) that suggests that by
changing it the way we've done it, it will have a detrimental effect on both the people and the
City of Miami. An increase of net parking spaces to one per unit, as I proposed, will only worsen
the traffic conditions along Biscayne Boulevard and the surrounding streets. It says that the City
Commission -- andl just want to be fair with everybody -- should fully embrace reductions in
parking requirements for all downtown buildings within a three -block radius of all fixed -rail
transit stations, and it goes on to suggest that by doing what I'm suggesting 171 only exacerbate
this problem. I don't know that we can socially engineer Miamians into giving up their cars, and
I don't know that you could do it at a building of this expense; but let me suggest to you why I
think it is right to go forward with the way we're going forward with this. This building is in a
very unique spot. If we, as City ofMiami, consider and continue to promote parking garages
and paid for public parking, we will never have the money to do that, especially across the street
from either Bayfront Park, or across the street from Bicentennial Park with, you know, the
intention of putting museums in there. I believe what we need to get into is a shared parking
concept, andl would hope that this building would allow a certain dedication until you reach
saturation, until you decide it's no longer viable, but that this building would consider allowing
whether it's a hundred parking spaces, a hundred fifty, two hundred; to allow people from
directly off the street to be able to use this parking. This is not a novel concept. This isn't a
concept that I'm devising of my own. This is a concept that's used day in and day out in New
York City, day in and day out in Boston, day in and day out in Washington, DC. Nobody builds
a parking garage because they're not financially sustainable and they're not practical. Yet, New
York City actually has an ordinance which requires buildings to set aside public spaces. We
don't do that in the City ofMiami, although the wisdom to it is more than apparent. I'm going to
recommend to this Commission that the modifications that we've proposed that this -- that Kobi
Karp has put in are good modifications for the following reasons. I truly believe, at a minimum
of 1,557 units -- and if I'm off one, I apologize -- there will be one car per unit. If you have not
looked at the MUSP (Major Use Special Permit) carefully, there are 1,061 parking spaces
without the use of a mechanical lift. With the use of a mechanical lift, they're able to improve
their parking -- and if I'm wrong, I apologize -- to 1,786 spaces. I think that's good practice,
good social engineering of our own because I think it allows them to become a building with
shared parking, and it would be absolutely stellar if even half your building utilized mass transit
in the condition we have it now and fully realizing -- I suspect we won't see the opening
ceremony to your building for at least eight to ten years, but if you get it done sooner, you know,
more power to you. So I've looked at what Miami Transit has written. I don't mean to oppose
urban planners because they're certainly much more intelligent than me, and they certainly
understand how to build a city better than I do; but on the other hand, I just don't think you're
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Meeting Minutes March 27, 2008
going to have a viable concept. I think you're going to have these people owning cars. I
strongly suspect more than one car per unit, but for right now, one car per unit. And all tried
to do was to suggest that the ingress and egress to this building allow stacking to occur inside
the building so that you don't become a traffic problem on Biscayne Boulevard. Again, let me
leave it to this Commission that there are people out there that believe that there should be no
parking requirements in downtown buildings. I don't think we're there. I don't think we'll be
there for a very long time. The City ofMiami is, I think, different than New York because I think
our climate is not as temperate, believe it or not, as New York. When it comes in another month,
we're all going to wonder how hot it is to walk around. So I'm going to make a motion to
approve it, as amended, as promoted by Kobi Karp here today, with the understanding that they
would, hopefully on the record, state that they would allow a significant amount of public
parking spaces for the folks right next to two very large parks of ours.
Commissioner Regalado: I will --
Chair Sanchez: All right.
Commissioner Regalado: -- second.
Chair Sanchez: All right. There is a motion, as modified, by Commissioner Sarnoff, second by
Commissioner Regalado. Any discussion? Any further discussion? If not, before -- we'll go
ahead and open up to the public. Anyone from the public wishing to address this item, please
step forward and be recognized. This is an ordinance on first -- I'm sorry.
Commissioner Sarnoff. It's a --
Chair Sanchez: It is a resolution. Anyone from the public wishing to address this item? Public
hearing is closed, coming back to the Commission. Commissioner Regalado, you're recognized.
Commissioner Regalado: Thank you very much, Mr. Chairman. I think that Commissioner
Sarnoff is 100 percent correct in asking for more parking. I went to the County the other day,
and the MPO (Metropolitan Planning Organization) was meeting, andl saw you; andl heard
part of the discussion. And really, the problem that we are having is that the prime land for
South Florida is in Miami, in downtown Miami, and the City has been approving projects; and
then you got these planners -- and we were discussing that yesterday about the EAR (Evaluation
Appraisal Report), about urban -- walking, urban living, and transit. But the problem is that the
City ofMiami does not have any control at all on transit, and the bigger problem is that the
County, who, by Charter, is the entity that has to design and run mass transit, does not have the
money, nor they know where they can get it. So you know, the complaint that you hear from
people that either go to American Airlines or Bongo's or Bayside is parking and the cost of
parking. The parking is driven by market, so if they can do what you are suggesting, that they
open up the parking garage for public use, it would -- that would be the only way to bring back
downtown alive. There's no way that, in the near future, they will be transit -- mass transit in
downtown Miami. As we speak now -- I'm sure you know that -- the Herald -- Metromover
station, they don't have the funds to reopen that stations [sic], and nor they think that they can
get it. So I think you did the right thing. I think it's the right policy. The more parking, the more
attraction that downtown Miami will have because, you know, people like to go to downtown, but
it's very difficult to park. So I'm just here supporting your -- this item, but the whole concept of
downtown needs more parking. Thank you, Mr. Chairman.
Chair Sanchez: All right. It's a resolution. No discussion on the resolution. All in favor, say
"aye."
The Commission (Collectively): Aye.
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City Commission
Meeting Minutes March 27, 2008
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries.
Congratulations.
Ms. Dougherty: Thank you.
PZ.2 05-00142mm RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A
MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13, 17 AND
22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE
BISCAYNE PARK II PROJECT, TO BE LOCATED AT APPROXIMATELY 2450
BISCAYNE BOULEVARD; 202, 218, 226, 234, 242, 250, 258 NORTHEAST
25TH STREET; 2403 NORTHEAST 2ND AVENUE AND 219, 243, 251, 261,
265 NORTHEAST 24TH STREET, MIAMI, FLORIDA; THE PROPOSED
SUBSTANTIAL AMENDMENT WILL BE COMPRISED OF A NEW DETACHED
FREE-STANDING STRUCTURE WITH A MAXIMUM HEIGHT OF 169 FEET 4
INCHES N.G.V.D AT TOP OF THE PARAPET (154 FEET 10 INCHES A.G.L.)
MAKING THE FOLLOWING CHANGES TO THE ORIGINAL APPLICATION: 1)
TO INCREASE THE RETAIL SPACE FROM APPROXIMATELY 6,843
SQUARE FEET TO APPROXIMATELY 16,975 SQUARE FEET; 2) TO
INCREASE THE OFFICE SPACE FROM APPROXIMATELY 12,384 SQUARE
FEET TO APPROXIMATELY 134,484 SQUARE FEET; 3) TO INCREASE THE
OFF-STREET PARKING SPACES FROM APPROXIMATELY 331 TO
APPROXIMATELY 763 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.
Item #7- 05-00142mm-BP2- PAB 2.20.08.pdf
05-00142mm PAB Reso.PDF
05-00142mm Legislation (Version 2).pdf
05-00142mm ExhibitA.pdf
05-00142mm Exhibit B.pdf
05-00142mm CC Fact Sheet.pdf
05-00142mm Outside Cover.PDF
05-00142mm Table of Contents.PDF
05-00142mm I.A. Application for a Major Use Special Permit.PDF
05-00142mm I.B. Disclosure of Ownership.PDF
05-00142mm I.C. Ownership Affidavit.PDF
05-00142mm I.D.Miscellaneous Documents.PDF
05-00142mm I.E. Directory of Project Principals.PDF
05-00142mm I.F. Project Data Sheet.PDF
05-00142mm I.G. City of Miami Zoning Atlas Map.PDF
05-00142mm I.H. Photographs.PDF
05-00142mm II.A. Project Description.PDF
05-00142mm III. Supporting Documents.PDF
05-00142mm III. Tab 1. Minority Construction Employment Plan.PDF
05-00142mm III. Tab 2. Traffic Impact Analysis.PDF
05-00142mm III. Tab 3. Site Utility Study.PDF
05-00142mm III. Tab 4. Economic Impact Study.PDF
05-00142mm III. Tab 5. Survey of Property.PDF
05-00142mm III. Tab 6. Drawings Submitted.PDF
City of Miami Page 41 Printed on 4/9/2008
City Commission
Meeting Minutes March 27, 2008
LOCATION: Approximately 2450 Biscayne Boulevard, 202, 218,
226, 234, 242, 250, 258 NE 25th Street, 2403 NE 2nd Avenue
and 219, 243, 251, 261, 265 NE 24th Street [Commissioner Marc
David Sarnoff - District 2]
APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of
25 Plaza Corp.
FINDINGS:
PLANNING DEPARTMENT: Recommended approval with
conditions*.
PLANNING ADVISORY BOARD: Recommended approval with
conditions* to City Commission on February 20, 2008 by a vote
of 9-0.
*See supporting documentation.
PURPOSE: This will allow a substantial modification to the
previously approved Biscayne Park Major Use Special Permit
project.
Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
R-08-0174
Chair Sanchez: All right. PZ. 2.
Roberto Lavernia (Chief of Land Development): PZ.2 is a consideration for a substantial
modification to a previously approved Major Use Special Permit for the Biscayne Park II
project, to be located at approximately 2450 Biscayne Boulevard, 258, 250 Northeast 26th
Street, 242, 234, 226, 218, and 202 Northeast 25th Street, 2403 Northeast 2nd Avenue, and 219,
243, 251, 261, and 265 Northeast 24th Street. The amendment mainly -- it was approved as a
residential project. They are changing the use for an office building instead, and the substantial
modification will have a maximum height of 169 feet 4 inches at the top of the parapet. They are
increasing the retail space from approximately 6,843 square feet to approximately 16,975 square
feet; to increase the office space from approximately 12,384 square feet to 134,484 square feet;
and to increase the off-street parking spaces from 331 to 763 parking spaces. The Planning
Department is recommending approval with conditions, and very short condition for design
purposes: a) To provide material sample or precedent photograph of the material proposed to
screen the parking garage, and b) give the proposed colonnade a minimum of ten feet clear
interior depth. That's it. Thank you.
Chair Sanchez: All right. Madam Applicant.
Vicky Garcia -Toledo: Good morning. Vicky Garcia -Toledo, with the law firm ofBilzen
Sumberg; on behalf of Biscayne Park II. As Mr. Lavernia has told you, we come to you with
previous approvals from all lower boards, lower meetings, and your staff and we accept the
conditions of the City. And if this looks familiar to you, Commissioners, is because about three
and a half years ago, you approved the first phase of this project, which was a residential
mixed -use tower on Biscayne Boulevard from 24th to 25th Street. That building, I'm glad to say,
has been built; it is fully occupied; it is a rental building. We've had tremendous response and
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City Commission
Meeting Minutes March 27, 2008
success to have new housing in this area ofMiami. We've had, in particularly, a resounding
success in having teachers move into our building. And so the -- shortly after you approved the
MUSP (Major Use Special Permit), my client purchased additional property. The remaining of
the property, almost the entire remainder on the City block fronting on 2ndAvenue and is now
developing and coming before you for a substantial modification to add additional land to the
project and to build an office tower. This office tower is completely freestanding from the
residential component of the first phase. It is a -- it is completely retail on the ground floor on
all three sides. Above the retail there is a self-sufficient parking garage, and then the office
floors above. What would like to ask is for Omar Morales, the architect of the project, to come
forward and give you a introduction.
Omar Morales: Good morning, Commissioners. I'm just going to give you a brief summary of
the project. I think you've seen this before. I'd be glad to come back and answer any specific
questions.
Chair Sanchez: Brief.
Mr. Morales: Very briefly, the project, as Vicky mentioned, fronts 2ndAvenue. We're providing
a very prominent arcade along 2ndAvenue fronting two large retail components at the ground
level; all the access, both loading, temporary parking, and permanent employee parking comes
in from the side street so there's no interruption of the traffic on Northeast 2ndAvenue. You go
up several levels of parking several levels of spec office space; and that's essentially the
building. You have the rendering there in front of you. We've provided the material sample
boards, as requested by the Planning Department; andl think Vicky mentioned that we are in
agreement with the conditions proposed by the Planning Department, and we're prepared to
accept those. So, again, Ill be happy to answer any specific questions.
Chair Sanchez: All right. Does that conclude your presentation?
Ms. Garcia -Toledo: That concludes the presentation.
Chair Sanchez: All right. Is there anyone here to address this item, to speak for or against? We
are on PZ.2, which is a resolution. The public hearing is open. Is there anyone to address this
issue? The public hearing is closed, coming back to the Commission. Is there a motion?
Commissioner Sarnoff. I'll make a motion.
Chair Sanchez: There's a motion by Commissioner --
Vice Chair Spence -Jones: Second.
Chair Sanchez: -- Sarnoff, second by the Vice Chair. Discussion on the item. Hearing no
discussion on the item, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries.
Congratulations.
Ms. Garcia -Toledo: Thank you.
PZ.3 07-00391Iu ORDINANCE First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE
FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
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City Commission
Meeting Minutes March 27, 2008
NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT
PROCEDURES, SUBJECT TO §163.3187, FLORIDA STATUTES, BY
CHANGING THE LAND USE DESIGNATION OF 0.40± ACRES OF REAL
PROPERTIES LOCATED AT APPROXIMATELY 1252, 1262 AND 1272
SOUTHWEST 21 ST 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.
07-003911u - PAB Supporting Documentation. pdf
07-003911u CC Land Use Map.pdf
07-003911u Aerial Map.pdf
07-003911u PAB Reso.PDF
07-003911u CC Application Supporting Documents - OLD.pdf
07-003911u CC Legislation (Version 2) - OLD.pdf
07-003911u & 07-00391zc Exhibit A. pdf
07-003911u CC FR 10-25-07 Fact Sheet.pdf
07-003911u Legislation (Version 2) - NEW.PDF
07-003911u CC FR 12-13-07 Fact Sheet.pdf
07-003911u & 07-00391zc Disclosure to Support or Withhold Objection.pdf
07-003911u CC FR 01-24-08 Fact Sheet.pdf
07-003911u-Submittal-Photograph. pdf
07-003911u-Submittal-Petition Signatures. pdf
07-003911u-Submittal-Declaration of Restrictive Covenants. pdf
07-003911u CC Application & Supporting Docs - UPDATED.pdf
07-003911u CC FR 02-28-08 Fact Sheet.pdf
07-003911u CC FR 03-27-08 Fact Sheet.pdf
07-003911u-Submittal-Photos. pdf
07-003911u-Submittal-NOT In Favor Signatures. 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, LC
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.
Motion by Chair Sanchez, seconded by Commissioner Gonzalez, that this matter be
PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
Chair Sanchez: All right. PZ.3 has a companion, which is PZ.4.
Roberto Lavernia (Chief of Land Development): Yes, sir. PZ.3 --
Chair Sanchez: PZ.3.
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Meeting Minutes March 27, 2008
Mr. Lavernia: -- and PZ.4 are companion items, land use and zoning change. There is a project
for those lots. It's not a Major Use Special Permit. It's going to be a Class II --
Chair Sanchez: Class II.
Mr. Lavernia: -- as soon as they have it. But we have been working with the applicant, and we
have no problem with the project. However, for the --
Chair Sanchez: Wait, wait. What was that? You have no problem with the project?
Mr. Lavernia: No.
Chair Sanchez: Okay.
Mr. Lavernia: As -- however, we agreed to recommend denial because we have not guarantee
that the project is going to be built in the site, so I'm going to introduce Harold Ruck to present
the land use change.
Chair Sanchez: Thank you.
Harold Ruck (Planner II): Thank you. Harold Ruck with the Planning Department. This is PZ
(Planning & Zoning) item 3, first reading. This is for consideration of amending the Miami
Comprehensive Neighborhood Plan by amending the Future Land Use map for the properties
located at approximately 1252, 1262, 1272 Southwest 21st Terrace from single-family
residential to restricted commercial. Planning Department recommends denial. Planning
Advisory Board recommended denial. And this particular item, where the Commission is
concerned, has been deferred from October 25 and continued on December 13, January 24, and
February 28. The subject application consists of three parcels comprising approximately .4
acres. They are located in the northern middle portion of the block, bounded by Southwest 12th
Avenue to the east, Southwest 13th Avenue to the west, Southwest 22nd Street to the south and
Southwest 21st Terrace to the north. The site's currently single-family residential. Surrounding
the subject site is single-family residential land use to the east within the same block and north
across Southwest 21st Street fronting the subject property. Within the same block is a restricted
commercial land use to the south and east. The Planning Department recommends denial of the
application based on the following. The lots immediately east and north of the subject lots are
designated single-family residential. The character of Southwest 21st Terrace is low -density
residential, specifically single-family. The potential increase in residential density from nine to a
hundred fifty dwelling units per acres will be out of scale with the established neighborhood.
And comprehensive plan goal LU-1 maintains a land -use pattern that one protects and enhances
the quality of life in the City's residential neighborhoods and to promotes [sic] the efficient use
of land and minimizes land -use conflicts. And LU-1.1.3 provides for protection of all areas of
the City from the encroachment of incompatible land uses. These findings support position that
the land use land map at this location should not be changed. Thank you.
Chair Sanchez: Thank you.
Ben Fernandez: Thank you. Mr. Chair, members of the Board, Ben Fernandez, 200 South
Biscayne Boulevard, here on behalf of the applicant, the Ive Group, LLC (Limited Liability
Corporation). As Mr. Ruck was indicating, this is about three lots that are behind Coral Way on
21st Terrace, but they directly abut and are part of the commercial property that faces Coral
Way. If you've driven down this street and you look to your right, you'll see the problem that is
inherent to our SD-12 zoning district overlay. It's designed to allow parking to serve the
commercial area, but what happens is that you get a sea of parking that is plainly visible
through any little opening on Coral Way, and it's not attractive; and it's also not attractive to the
neighbors that have to live across the street from it because all they're seeing are parked cars.
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There's no transition. There's no landscaping -- not much landscaping, particularly in this case
where you have an SD-12 that is so old and is grandfathered; it's just an open parking lot. So
what we're proposing is a rezoning that will solve a lot of problems in this area. The first
problem it's going to solve is that this is what's considered the 'five points" area of Coral Way,
one of the busiest areas; one of the areas that is most appropriate for commercial- and
neighborhood -serving retail uses, like neighborhood restaurants. Some of the best restaurants
on Coral Way are in this area. There are new nightclubs in this area. There's a popular bakery
at the corner. It's a very heavily traffic area that doesn't have much parking, so what happens?
People end up parking on the parallel neighborhood streets so much so that you get complaints
from neighbors that ask you to put up signs that say "residential parking only." Those things
only have a minimal beneficial effect, so the only solution is a solution that provides structured
parking for this area. The only way you're going to have structured parking in this area is if you
can expand the commercial zoning so that you can enlarge the building footprint in order to
accommodate the ramps that are necessary to provide an adequate structured parking lot. The
old lots -- the old platted lots along Coral Way are simply too narrow to accommodate that kind
of a structured parking garage. So what we've done is essentially that. We have a project that
will step down, although this isn't about our project. I want to make that clear. This is about a
rezoning to accommodate our project. We still need a Class II Permit, as the Department has
indicated. Our project is going to step down. You see the major office building will sit primarily
on what is already today commercial. The structured parking garage will come into the new
commercial lot, but it will finish on 21st Terrace with a townhome unit, a townhome liner that
will be directly across from the homes on 21st Terrace; and they're not even duplexes. There are
four -- there are three lots there today; they're oversized lots; they comprise approximately
17,000 square feet. What we're going to do is put four townhomes on those three large lots, so
you're essentially getting practically a single-family transition into the single-family area. It's
even better than I think than a duplex transition, which is what you have, by the way, on the
block directly to the west. You have a duplex transition, so this is even better than that for these
neighbors to the north. Our project, as Mr. Lavernia indicated, has received, you know,
favorable reviews from the Internal Design Review Committee; and we're prepared to file our
application for a Class II We've worked with the neighbors. Commissioner Sanchez you asked
us to meet with them. We sent out a letter. I've distributed it to you. We met with them on the
7th at a neighborhood restaurant. A few of the neighbors came out. Some of them said nice
things about the project. They had comments as well; asked us about the height. We explained
to them -- many of them didn't know about the project because the project isn't part of the
advertisement for this hearing. We explained to them that it's going to be lower in height than
the project directly to the west; it's lower in height than some of the projects that are further east
on Coral Way, such as the Milton project, and some others. So we think that it's appropriate for
the area. We think it's going to provide necessary parking that will -- because it's an office use,
by the way. I think that a lot of the comments that staff made about the increase in residential
density shouldn't even be applicable because it's an office project. It's going to provide that
parking at night when we need it. So we'd ask that you --
Chair Sanchez: All right.
Mr. Fernandez: -- approve our application. We're here to answer any questions.
Chair Sanchez: Ben, walk me through -- put your -- put -- no. Put the other one up and walk me
through there. Walk me through from 21st Terrace all the way to Coral Way --
Mr. Fernandez: Okay.
Chair Sanchez: -- as to how many feet from the sidewalk to the beginning of the townhouses.
Mr. Fernandez: From 21st Terrace to the beginning of the townhouses, you have approximately
-- well, from property line, you have approximately a 15-foot setback, which is very close to
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Meeting Minutes March 27, 2008
single family; 20 feet.
Chair Sanchez: No parking in the front, right?
Mr. Fernandez: No parking in the front. That's something that is really, I think, unique because
no one does that; and staff asked us to do it and we're doing it. The parking will all be behind
the townhomes, so you're not going to have parking cluttering up 21 st Terrace. And there's no
connection between the residential parking and the commercial parking. They're going to stand
on its own, so guaranteed a space when you get home. Then as you go towards Coral Way, you
have the structured parking garage, which is going to be designed so that it follows the same
type of architectural design so that it looks like it's part of the townhome, and that is at
approximately 60 feet from the property line. Then you have --
Chair Sanchez: No, it's --
Mr. Fernandez: -- the tower, which is a hundred feet from --
Chair Sanchez: A hundred and twenty feet --
Mr. Fernandez: -- a hundred and twenty feet.
Chair Sanchez: -- looking at what we looked at. From the sidewalk to the mass building, which
is ten stories, which is -- you also have to address the issue -- we've been at it -- you've been
trying to get this done for about the last five years.
Mr. Fernandez: Absolutely.
Chair Sanchez: It was residential. It came in front of me. The building was big. We talked
about downsizing it. Our concern was, you know, the transition into 21 st Street in the back to
make sure that the residents didn't feel that they were being affected by a large mass next to
them.
Mr. Fernandez: Correct.
Chair Sanchez: Through this whole process you've been able to work out -- the covenant speaks
for itself that you're proffering. If you look at the transition, the mass of the building stays in the
in the commercial; so therefore, you could build that right there as -of -right if you wanted
to. The thing is that we're adding to parking, and parking is a very important component of that
area. Because I guarantee you, a lot of the businesses that are not succeeding in that area, their
complaint is that they can't park. I'll give you one that I visited. Next to Chocolate (phonetic),
they opened up a --
Mr. Fernandez: That's a -- it's very ironic, Commissioner. I'm going to mention to you that we
were there on the last night that that place was open because we didn't know it was closing. If
you look at my letter, it's inviting them to meet us at Chit Chat; Chit Chat, a great coffee shop
that opened on Coral Way. Everyone was very happy about it, and we get there for the meeting
and he tells us guess what? This is our last night that we're open. I said how can this be? You
spent so much money on the interior remodeling; looks great. Well, there's just not enough
parking. And people come up, they go past Starbucks in Coral Gables, and they look for a coffee
shop on their way to downtown, and they consider me, and they park off of the street in front of
my shop, and get ticketed because that's illegal parking if they pull up over there, so there's
nowhere to park.
Chair Sanchez: Parking continues to be a problem for the small businesses on Coral Way. This
brings in parking now. If we looked at the whole concept -- this land use and this building is
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Meeting Minutes March 27, 2008
whatl consider to be well designed. You have the office space in the front. There's no
residential, with commercial in the bottom. The transition falls to the back, which will be
parking; downscaling it down to the townhouses. If you look at a lot of areas, and especially in
Commissioner Regalado's area, they've done that. They've buffered back from Coral Way, and
then they have the townhouses in the back. I didn't want people parking in front of the
townhouses 'cause I've seen in some of the areas where it doesn't look right. It doesn't look right
when people parkin that 15 feet and you have no green area. That's why it was important to get
the cars to go behind, and therefore, the cars are concealed. Now, the covenant. Why don't we
address the covenant that you have proffered --
Mr. Fernandez: Sure.
Chair Sanchez: -- and then I'm going -- there's some things in there that I want to have
assurance. One is I want to make sure that we enhance the area with greenery. I want more
trees, or I would respectfully request more trees.
Mr. Fernandez: Okay.
Chair Sanchez: And then you've also proffered the art on the building, which is very important
because that area right there is the entry point to the Cuban Memorial Boulevard, which
basically, the previous one that was approved next door also is -- has language in the ordinance
or the -- yeah, the ordinance, to provide art on the building. This one will have art on the other
side of the building, so you'll have art on the Coral Way -- on the 13th Avenue, and then you'll
have art on the other side.
Mr. Fernandez: That's right.
Chair Sanchez: Now, let me just ask one thing. The area right now -- and it goes back -- it has a
lot of history. Coral Way Theater was there. I went -- as a child, I went to that theater.
Mr. Fernandez: Right.
Chair Sanchez: Now it's a vacant lot; a vacant lot with Code enforcement and Coral Way NET
(Neighborhood Enhancement Team) Office receives a lot of complaints of homeless, illegal
trash, people parking in the back, kids parking in the back to do things that kids do, and those
are the issues that need to be addressed. So overall on the design itself, the only reason that they
are basically denying it was because it's a -- it changes the zoning. It changes it.
Mr. Fernandez: That's it.
Chair Sanchez: But the future of that area there and that entire strip there, we're in a point now
where we need to follow this guideline to make sure that we do have townhouses in the back. We
improve that area because it is what we consider five points. Five points is where five major
streets come to one point in our city. And it certainly is not a place that we should be very proud
of right now because it needs a lot of improvement. So based on five years of hard work, you
working with our office and working with the Administration, and based on the covenant that's in
front of us -- and why don't -- Is somebody going to read the covenant into the record?
Mr. Fernandez: I can read it. The --
Chair Sanchez: So I could make sure that it's in there and I'm not --
Mr. Fernandez: Paragraph A requires that the property be developed in substantial compliance
with the approved plans entitled "Coral Palace, " prepared by Eddie Francis, CIA, consisting of
12 pages, dated November 20, '07. The aforementioned plans are on file with the City ofMiami
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Meeting Minutes March 27, 2008
Department of Hearing Boards and are deemed as being incorporated by reference herein.
Paragraph B requires that the owner shall commission a local artist to design a wall mural for
the east facade of the building, which shall be submitted for approval to the Planning
Department as part of the Class II Permit that is required in order to develop the property in
accordance with the above -referenced site plan.
Chair Sanchez: Yeah. You know, once again, I want to state for the record that these
protections create a great transition, and also, I want to state that for the transition between
growth and existingR-Is, this does protect the R-Is. You have setbacks where you're still going
to have residential. You could have a two-story house there if you want it, and it goes back all
the way 120 feet, where you could build a mass of the building in a C-1. So having you proffered
that, I would make a motion, but I think it's important that the Vice Chair open it up to the public
because I believe that there's support now from some of the homeowners association. There's
still some that don't support it, but I think it's important for them to address this Commission.
Mr. Fernandez: There are some letters in the record in support of this application.
Vice Chair Spence -Jones: We'd like to officially open up the floor for any comments from the
public.
Luis Herrera: My name is Luis Herrera. I'm the president Vizcaya Homeowner Association.
This project is going to be for a long time. In May 31, 2005, this person -- or this gentleman
here been collecting -- I mean, inviting the neighbor to see the project. So we put a different
time -- a lot of signatures against the project because the change in the zoning in the area
(UNINTELLIGIBLE) residential, and before I'm going to speak at all this, I'd like to present the
signatures in the record and the picture in the record, plus 1305 constitutional amendment or
whatever the amendment what it is to protect the neighborhood, like a residential, and Act 163,
protecting the residential area too. So let me present the -- for the record the signatures and the
pictures that it look like now, all the green spaces we have, and then what he going to do to put
the green space back. And for the (UNINTELLIGIBLE) use talking about to put it in, I don't
believe in the covenant because on 12th Avenue with the -- what is the project over there? What
the school is, the one we put it on the corner. They had a covenant in the land and they --
anyway, they put the building in.
Chair Sanchez: The United Way.
Mr. Herrera: The United Way.
Chair Sanchez: The Center of Excellence.
Mr. Herrera: Right. So I don't believe in the covenant. So let me put to you the signatures in
the -- because I'm coming by myself today because these people, they not put information to the
neighborhood that today is going to be the hearing. I know because I come the last time.
Chair Sanchez: All right.
Mr. Herrera: They don't have no signs in the post. They don't posted anything. They don't send
the letter. So -- This is a picture for the record, please. And one -- the picture is -- they don't
(UNINTELLIGIBLE) building and (UNINTELLIGIBLE) the building behind the second pictures,
how they look like after the building.
Vice Chair Spence -Jones: Sir, I think -- you want to submit that to the City Clerk first and she'll
Mr. Fernandez: I believe those are the same signatures from before our meeting --
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Meeting Minutes March 27, 2008
Chair Sanchez: Yeah.
Mr. Fernandez: -- with the neighbors.
Chair Sanchez: It's all right. But he's --
Mr. Herrera: Sure. This is the right signature. And if you want it, I'll give you the old ones too,
and we got more signatures before. So my point is and my -- before that I went another case to
the court. All right? This is a issue -- and my record, Mr. -- read a case that we have -- and that
language -- when they going to change the zoning and put some high-rise in like that one in front
Chair Sanchez: Is it --? But, Mr. Herrera --
Mr. Herrera: It is the garage.
Chair Sanchez: -- ifI -- would you allow me, please? This isn't a high-rise. It is not a high-rise.
See, the things that you andl disagree on -- andl respect your disagreement. I think you're
entitled to your opinion -- is one, that we are improving the quality of life by building the right
thing at the right location. There are times where you need to change the zones. There are times
where not only do you enhance the area, you beautify it and you increase property value. What's
there today diminishes everyone's property value around. Now you have an opportunity to have
something that is not residential. It's not a high-rise; it's 10 stories. As a matter of fact, he could
build a 12-story, 15-story as of right on the C-1 and leave the back as parking, as we discussed it
about three years ago. That would just bring more problems to the area 'cause you're going to
have an area where it's open now -- it's not green. I disagree with you on green. It's more like
a junkyard. It's more like a dumping place -- where you would have an area now that you're
going to have retail, you're going to have businesses coming in, you're going to have more
parking; those individuals are going to supplement the other businesses that are going to --
people are going to need to eat. They're going to have to cross across the street and go to Karlo.
They're going to have to go to Zuperpollo. They could go down and go to Villa -- that Spaniard
restaurant that is good. So this, in my opinion, improves the area, improves the quality of life,
enhances your property value. So, you know, I could only do what I think is good for the
community. You disagree with me, you're entitled to it.
Mr. Herrera: Well, let me --
Chair Sanchez: But that's to be discussed on another day because, apparently, you're going to
take it to court is what you're saying, right?
Mr. Herrera: Say it again. I can't hear you. What you said?
Chair Sanchez: That you're going to take this to court, you're going to challenge it in court.
Mr. Herrera: Well, if the neighborhood -- he want to, like the one on the corner you approve the
C-1 for Mr. Palomo. If the neighborhood put the money in the front --
Chair Sanchez: Well, you're --
Mr. Herrera: -- and that's what happened (UNINTELLIGIBLE) we not takingMr. Palomo --
Chair Sanchez: Your time --
Mr. Herrera: -- to the court because the people didn't put the money in the front.
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Meeting Minutes March 27, 2008
Chair Sanchez: -- to appeal has expired.
Mr. Herrera: Yeah, I know that. I know that. That's why.
Chair Sanchez: Okay.
Mr. Herrera: It's a lot of resident over there against the project.
Chair Sanchez: There's a lot of them for it, too.
Mr. Herrera: Okay. Not too many. Only the people that is in -- like in his letter he send it in
there, it's not the neighborhood. It's the businesspeople around there that they want to put the
commercial thing in there.
Chair Sanchez: But since I --
Mr. Herrera: But let me say something to you. Okay. He talking about parking, all right.
Zuperpollo, they don't have no parking, and he said they going to use the parking. Business
office building that they going to use the parking all the office, then Zuperpollo needs some
parking and they going to park like he said. They're going to be parking behind on 21 Terrace.
That's not true. Right now with no building in there, we have some problem with the parking.
The people parking in front of the house.
Chair Sanchez: Because there's no parking.
Mr. Herrera: No. It's parking in front of the house.
Chair Sanchez: All right.
Mr. Herrera: Only one side is no parking.
Chair Sanchez: In conclusion.
Vice Chair Spence -Jones Yes, yes.
Chair Sanchez: All right. I --
Vice Chair Spence -Jones: Is there anything --? Is -- one second, Commissioner Sanchez. Is
there any other comments that you'd like to put on the record? I just want to be clear with my
City Attorney real fast because I want to make sure the evidence -- Can you please just make
your statement on the record for me real fast --
Maria J. Chiaro (Assistant City Attorney): Yeah.
Vice Chair Spence -Jones: -- regarding this issue? 'Cause --
Ms. Chiaro: The --
Vice Chair Spence -Jones: -- I really want to make sure I give the gentleman an opportunity to
state if there is evidence that --
Ms. Chiaro: The question has been raised whether this testimony and that which is passed out
becomes evidence to support a record. Since the items that were passed out were not previously
viewed and have no dates on them, they're not considered part of the record and this testimony is
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Meeting Minutes March 27, 2008
that of a property owner in the neighborhood. So that's the level and the value of that which is
presented to you.
Vice Chair Spence -Jones: Okay. Any other comments, sir, on it? Does any of the
Commissioners have any comments from the dais?
Mr. Herrera: The only comment I'm going to make already we had the ten people from Zoning
Board and Planning Board deny the project. All right? And they come in front of the City --
Commission City -- Commissioners and they approve the project no matter what we doing.
Bring the people over here, talking the people over here, said against the project, anyone in
there in the neighborhood; we want to keep the residential like it is.
Mr. Fernandez: Excuse me --
Mr. Herrera: And that's it.
Mr. Fernandez: -- ifI may, Mr. Herrera. Of course, those boards did not have the benefit of the
covenant. They can't by law consider the covenant that we've proffered to you, the Commission,
so that's --
Vice Chair Spence -Jones: Are there any other residents that have any comments on this --
Chair Sanchez: No.
Vice Chair Spence -Jones: -- issue at all that's here today?
Mr. Herrera: The residents, they didn't come in because they no put the papers and telling the
people they supposed to be here today, and that's something else.
Vice Chair Spence -Jones: Okay.
Chair Sanchez: Mr. Herrera --
Vice Chair Spence -Jones: In conclusion --
Commissioner Gonzalez: I do have a question. Because he has emphasized on the same point
twice, or three times, and it's -- it should be clear on the record. Was there sufficient notice of
this me -- hearing today?
Ms. Chiaro: Yes. There -- it was --
Commissioner Gonzalez: There was sufficient notice?
Ms. Chiaro: -- advertised pursuant to law.
Commissioner Gonzalez: Did we comply with the law in reference to noting the residents and
the surrounding neighborhood in reference to this hearing?
Ms. Chiaro: Staff can advise you whether the property was posted, but the advertising is part of
the record and it was --
Commissioner Gonzalez: Very good. That's fine.
Ms. Chiaro: -- advertised --
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Meeting Minutes March 27, 2008
Vice Chair Spence -Jones: Okay, so --
Ms. Chiaro: -- pursuant to applicable laws.
Mr. Fernandez: Mr. Herrera was here at the last meeting.
Vice Chair Spence -Jones: In conclusion -- so you have officially put your viewpoint on the
record and we have it. Thank you so much for doing that. The -- in conclusion, we're going to
actually bring this back to the Commission. Thank you.
Mr. Herrera: Okay. Thank --
Chair Sanchez: I would make a motion to approve --
Mr. Herrera: -- you.
Chair Sanchez: -- with a covenant.
Commissioner Gonzalez: And I'll second the motion.
Chair Sanchez: And before we do that, the covenant clearly states that there will be additional
landscaping?
Mr. Fernandez: We will add that to the covenant (UNINTELLIGIBLE) on the record.
Chair Sanchez: As a condition, where additional landscaping along 21 st Terrace.
Commissioner Sarnoff. Four -inch DBH (Diameter at Breast Height).
Chair Sanchez: Huh?
Commissioner Sarnoff. Four -inch DBH.
Chair Sanchez: Four -inch DBH.
Vice Chair Spence -Jones: I have a motion, andl have a second.
Commissioner Gonzalez: Is it a resolution or ordinance?
Priscilla A. Thompson (City Clerk): It's a first reading ordinance.
Chair Sanchez: It's an ordinance on first reading.
Vice Chair Spence -Jones: Okay. All in --
Chair Sanchez: No, no. It's an ordinance.
Vice Chair Spence -Jones: Okay, ordinance.
Chair Sanchez: Read the ordinance into the record.
Ms. Chiaro: An ordinance of --
Commissioner Gonzalez: Read the ordinance.
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City Commission
Meeting Minutes March 27, 2008
The Ordinance was read by title into the public record by Assistant City Attorney Maria J.
Chiaro.
Ms. Thompson: This is your roll call on the vote for item PZ.3 on first reading. Commissioner
Sarnoff?
Commissioner Sarnoff. Luis, let me just say this because I think this actually is the right plan for
this neighborhood. I think this is a great job of fixing what appears to be broken, keeping the
parking out of the front of the building. I think it's an opportunity, if they put their 20-foot,
4-inch DBH trees in, that it'll be an immediate impact, so I think this is the right project at the
right time, so my vote is yes.
Ms. Thompson: Continuing with the roll call. Commissioner Regalado?
Commissioner Regalado: With the covenant, yes.
Ms. Thompson: Commissioner Gonzalez?
Commissioner Gonzalez: Yes, with the covenant.
Ms. Thompson: Chairman Sanchez?
Chairman Sanchez: Yes.
Ms. Thompson: Vice Chair Spence -Jones?
Vice Chair Spence -Jones: Yes, with the covenant.
Ms. Thompson: The ordinance has been passed on first reading, 5/0. I'd like to find out from
our City Attorney, with that covenant, have we now modified your first reading?
Chair Sanchez: Well, it's only been amended for the additional landscaping, the four -inch --
Ms. Chiaro: Yes. The -- and the covenant goes with your next item, not with the land use map.
Chair Sanchez: Yeah.
Ms. Chiaro: It goes with your zoning change.
Ms. Thompson: Okay. So, then I'll show FR.3 [sic] as modified on first reading.
PZ.4 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 21 ST
TERRACE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
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City Commission
Meeting Minutes March 27, 2008
07-00391zc ZB Analysis.PDF
07-00391zc ZB Zoning Map.pdf
07-00391zc Aerial Map.pdf
07-00391zc ZB Application & 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
07-003911u & 07-00391zc Exhibit A. pdf
07-00391zc CC FR 10-25-07 Fact Sheet.pdf
07-00391zc CC FR 12-13-07 Fact Sheet.pdf
07-003911u & 07-00391zc Disclosure to Support or Withhold Objection.pdf
07-00391zc CC FR 01-24-08 Fact Sheet.pdf
07-00391zc CC Application & Supporting Docs - UPDATED.pdf
07-00391zc CC FR 02-28-08 Fact Sheet.pdf
07-00391zc CC FR 03-27-08 Fact Sheet.pdf
07-00391 zc-Submittal-Photos. pdf
07-00391zc-Submittal-NOT In Favor Signatures. 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, LC
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.
Motion by Chair Sanchez, seconded by Commissioner Gonzalez, that this matter be
PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones
Absent: 1 - Commissioner Regalado
Chair Sanchez: All right. Andl will move PZ.4, which is a companion item, and that's where
the covenant --
Commissioner Gonzalez: Second PZ.4.
Chair Sanchez: -- comes in.
Vice Chair Spence -Jones: I have a motion and a second.
Priscilla A. Thompson (City Clerk): It's an ordinance.
Chair Sanchez: It's an ordinance.
Maria J. Chiaro (Assistant City Attorney): It is an ordinance. And would ask the City
Commission and the applicant to amend the language in the covenant in paragraph 2B to read:
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City Commission
Meeting Minutes March 27, 2008
The owner shall commission a local artist to design wall art for the east facade rather than to
designate it as a mural.
Ben Fernandez: Point well taken.
Chair Sanchez: As amended, yes.
Commissioner Gonzalez: Second it, as amended.
The Ordinance was read by title into the public record by Assistant City Attorney Maria J.
Chiaro.
Ms. Thompson: Roll call. Commissioner Sarnoff?
Commissioner Sarnoff. Subject to the covenant, as well as the amendment on the floor, yes.
Ms. Thompson: Commissioner Gonzalez?
Commissioner Gonzalez: Yes, ma'am.
Ms. Thompson: Chairman Sanchez?
Chair Sanchez: Yes, ma'am.
Ms. Thompson: Vice Chairman [sic] Spence -Jones?
Vice Chair Spence -Jones Yes.
Ms. Thompson: The ordinance has been passed, as modified on first reading, 4/0.
Chair Sanchez: Thank you.
Mr. Fernandez: Thank you.
PZ.5 07-01381Iu ORDINANCE First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE
FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT
PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY
CHANGING THE LAND USE DESIGNATION OF 0.60± ACRES OF REAL
PROPERTY LOCATED AT APPROXIMATELY 329, 333, 335, 337 AND 346
NORTHEAST 58TH TERRACE, MIAMI, FLORIDA, FROM DUPLEX
RESIDENTIAL TO GENERAL COMMERCIAL; MAKING FINDINGS;
DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
PAB - ITEM #2 - 07-013811u.pdf
07-013811u PAB Reso.PDF
07-013811u School Impact Analysis.pdf
07-013811u CC Application Supporting Documents.pdf
07-013811u Legislation (Version 2).pdf
07-013811u & 07-01381zc Exhibit A.pdf
07-013811u CC FR 02-28-08 Fact Sheet.pdf
07-013811u CC FR 03-27-08 Fact Sheet.pdf
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City Commission
Meeting Minutes March 27, 2008
LOCATION: Approximately 329, 333, 335, 337, and 346 NE 58th Terrace
[Commissioner Michelle Spence -Jones - District 5]
APPLICANT(S): Marcelo Fernandes, Vice -President, on behalf of 64
Development Corp.
FINDINGS:
PLANNING DEPARTMENT: Recommended denial.
PLANNING ADVISORY BOARD: Recommended denial to City Commission on
December 5, 2007 by a vote of 8-0. See companion File ID 07-01381zc.
PURPOSE: This will change the above properties to General Commercial.
Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter
be CONTINUED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
PZ.6 07-01381zc ORDINANCE First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH
ATTACHMENT(S) AMENDING PAGE NO. 14, OF THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM
"R-2" TWO-FAMILY RESIDENTIAL TO "C-2" LIBERAL COMMERCIAL FOR
THE PROPERTIES LOCATED AT APPROXIMATELY 329, 333, 335, 337, AND
346 NORTHEAST 58TH TERRACE, MIAMI, FLORIDA; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
07-01381zc Analysis.PDF
07-01381zc Zoning Map.pdf
07-01381zc Aerial Map.pdf
07-01381zc Application & Supporting Docs.PDF
07-01381zc ZB 01-14-08 Fact Sheet.pdf
07-01381zc ZB Reso.pdf
07-01381zc CC Legislation (Version 2).pdf
07-013811u & 07-01381zc Exhibit A.pdf
07-01381zc CC FR 02-28-08 Fact Sheet.pdf
07-01381zc CC FR 03-27-08 Fact Sheet.pdf
LOCATION: Approximately 329, 333, 335, 337, and 346 NE 58th Terrace
[Commissioner Michelle Spence -Jones - District 5]
APPLICANT(S): Marcelo Fernandes, Vice -President, on behalf of 64
Development Corp.
FINDINGS:
PLANNING DEPARTMENT: Recommended denial.
ZONING BOARD: Recommended denial to the City Commission on January
14, 2008 by a vote of 6-1. See companion File ID 07-013811u.
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City Commission
Meeting Minutes March 27, 2008
PURPOSE: This will change the above properties to C-2 Liberal Commercial.
Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter
be CONTINUED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
PZ.7 08-00133zt ORDINANCE First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, BY AMENDING ARTICLE 8, SECTION 803.6, "COCONUT
GROVE NCD-3 COMMERCIAL DISTRICTS", RELATING TO INDIVIDUAL
RETAIL ESTABLISHMENTS LOCATED IN THE NEIGHBORHOOD
CONSERVATION DISTRICTS (NCD); PROVIDING FOR AN INCREASE IN
INDIVIDUAL RETAIL ESTABLISHMENT FOR LIMITED USES ONLY BY
SPECIAL PERMIT; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
Item #2- 08-00133zt- NCD3_PAB 2.20.08-rev.pdf
Item #2- 08-00133zt- NCD3_PAB 2.20.08.pdf
08-00133zt PAB Reso.PDF
08-00133zt 03-27-08 Legislation (Version 2) - OLD.pdf
08-00133zt CC FR 03-27-08 Fact Sheet.pdf
08-00133zt 04-10-08 Legislation (Version 2) - OLD.pdf
08-00133zt CC FR 04-10-08 Fact Sheet.pdf
08-00133zt 04-10-08 Legislation (Version 2) - NEW.PDF
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of
Miami
FINDINGS:
PLANNING DEPARTMENT: Recommended approval.
PLANNING ADVISORY BOARD: Recommended approval to City Commission
on February 20, 2008 by a vote of 9-0.
PURPOSE: This will increase the square footage for grocery stores to be
permitted without Special Exception requirement.
Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter
be CONTINUED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
PZ.8 08-00135zt ORDINANCE First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, BY AMENDING ARTICLE 9, SECTION 906.14, IN ORDER
TO INTRODUCE A PET HOTEL USE AS AN ACCESSORY USE TO PET AND
PET SUPPLY STORES; SUBJECT TO LIMITATIONS AS SET FORTH;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
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Meeting Minutes March 27, 2008
Item #3- 0800135zt- Pet Hotel.pdf
08-00135zt PAB Reso.PDF
08-00135zt Legislation (Version 2).pdf
08-00135zt CC FR Fact Sheet.pdf
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of
Miami
FINDINGS:
PLANNING DEPARTMENT: Recommended approval.
PLANNING ADVISORY BOARD: Recommended approval with modifications to
City Commission on February 20, 2008 by a vote of 9-0.
PURPOSE: This will allow for pet hotel as a customary accessory use for
commercial establishments dealing in the retail sales of pets and pet supplies.
Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter
be PASSED ON FIRST READING PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones
Noes: 1 - Commissioner Gonzalez
Chair Sanchez: All right. PZ (Planning & Zoning) --
Vice Chair Spence -Jones: 8.
Lourdes Slazyk (Zoning Administrator): 8.
Chair Sanchez: -- 6 was contin -- 5 was continued and 6 was continued, right?
Unidentified Speaker: And 7.
Vice Chair Spence -Jones: And 7.
Chair Sanchez: Okay. We go to PZ.7.
Vice Chair Spence -Jones: No. We continued that too.
Ms. Slazyk: That was continued.
Chair Sanchez: That was continued --
Vice Chair Spence -Jones: That was continued.
Chair Sanchez: -- also. So we go to PZ --
Commissioner Gonzalez: 8.
Chair Sanchez: -- 8. And PZ.8 shouldn't be a problem at all.
Ms. Slazyk: Right. PZ.8 is -- for the record, Lourdes Slazyk -- an amendment to the Zoning
Ordinance in order to introduce a pet hotel as an accessory use. This has become a pretty
customary accessory use for the pet supply stores around the country. We did some research.
We found almost every state has already instituted an ordinance like this. We used the Denver
ordinance as a model for ours, with a few additions. They can only be accessory; no more than
15 percent of stores that are 20,000 square feet and over. There are rules that they can't put
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Meeting Minutes March 27, 2008
signs outside. They have to keep all the uses completely enclosed. It was recommended for
approval by PAB (Planning Advisory Board), and we ask for your approval.
Chair Sanchez: All right. Is there a motion?
Commissioner Sarnoff. So moved.
Chair Sanchez: There's a motion by Commissioner --
Vice Chair Spence -Jones: Second.
Chair Sanchez: -- Sarnoff, second by the Vice Chair. It's an ordinance on first reading.
Commissioner Gonzalez: Discussion.
Chair Sanchez: Anyone -- Discussion. You're recognized --
Commissioner Gonzalez: Yes.
Chair Sanchez: -- for discussion.
Commissioner Gonzalez: You're required to have at least 20,000 square foot in order to have
this, right?
Ms. Slazyk: Correct. You're correct. A comment did come up when we were doing the briefing,
what about smaller stores. We haven't studied any smaller models, andl think we should before
we do that because in a smaller store -- we're limiting to only 15 percent of the square footage --
it may only be big enough for one pet, andl think we need to look at some models for smaller
stores before we do that.
Commissioner Gonzalez: I think you need to do that because do you --
Ms. Slazyk: Yeah.
Commissioner Gonzalez: -- realize that what you're trying to do here is just benefiting the
superstores or the veterinarians that have -- not even private veterinarian clinics. You're
benefiting big companies.
Ms. Slazyk: Right. Yeah, but -- well, those big stores already have --
Commissioner Gonzalez: You're going all --
Ms. Slazyk: Yeah.
Commissioner Gonzalez: -- over small people.
Ms. Slazyk: They already have, you know, pet grooming and veterinary services as part of the
bigger stores. The smaller ones, the facilities would be a little more difficult. I'd like to find
some models for the smaller ones before just putting it in here because we may be creating a
situation where we're creating kennels where there weren't there before, andl think we just need
to look at smaller models, but this is a national model that we were looking at for this one. Andl
agree with you, we should look and see if there's a way to do it for smaller places without
becoming kennels.
Chair Sanchez: All right. Any further discussion on the item? If not, it is a public hearing.
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Meeting Minutes March 27, 2008
Anyone from the public wishing to address this item, please step forward. Seeing no one, the
public hearing is closed, coming back to a vote. Madam Attorney, read the ordinance on first
reading into the record. Madam Clerk, this is PZ.8.
The Ordinance was read by title into the public record by Assistant City Attorney Maria J.
Chiaro.
Chair Sanchez: Roll call.
Priscilla A. Thompson (City Clerk): Roll call. Commissioner Regalado?
Commissioner Regalado: Yes.
Ms. Thompson: Commissioner Gonzalez?
Commissioner Gonzalez: No.
Ms. Thompson: Vice Chair Spence -Jones?
Vice Chair Spence -Jones: Yes.
Ms. Thompson: Commissioner Sarnoff?
Commissioner Sarnoff Yes.
Ms. Thompson: Chairman Sanchez?
Chair Sanchez: Yes, on first reading.
Ms. Thompson: The ordinance has been passed on first reading, 4/1.
Chair Sanchez: All right. PZ.8 was approved 4/1. PZ.9 has been deferred indefinitely.
Ms. Slazyk: Right. P -- yes.
PZ.9 08-00138zt ORDINANCE
First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, BY AMENDING ARTICLES 9, 13 AND 14 IN ORDER TO: 1)
MODIFY THE SPECIAL PERMIT REQUIREMENTS FOR GARAGE AND YARD
SALES; AND 2) PROVIDE FOR EXEMPTIONS OF CLASS I SPECIAL
PERMITS FOR SPECIAL EVENTS QUALIFYING UNDER THE PROVISIONS
OF CHAPTER 54 OF THE CITY CODE; CONTAINING SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Item #5- 08-00138zt- CLASS I.pdf
08-00138zt PAB Reso.PDF
08-00138zt Legislation (Version 2).pdf
08-00138zt CC FR Fact Sheet.pdf
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of
Miami
FINDINGS:
PLANNING DEPARTMENT: Recommended approval.
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Meeting Minutes March 27, 2008
PLANNING ADVISORY BOARD: Recommended approval to City Commission
on February 20, 2008 by a vote of 9-0.
PURPOSE: This will modify the requirements for garage and yard sales and
provide for Class I Special Permits to be required where specified uses or
characteristics of use are of a temporary nature.
Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter
be INDEFINITELY DEFERRED PASSED by the following vote.
Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones
PZ.10 08-00172zt ORDINANCE First Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 602, "COCONUT
GROVE CENTRAL COMMERCIAL DISTRICT, RELATING TO INDIVIDUAL
PERMITTED PRINCIPAL USES LOCATED IN THE COCONUT GROVE
COMMERCIAL DISTRICT; PROVIDING FOR OFFICE USES LOCATED
ALONG THE GROUND FLOOR FRONTAGE OF CERTAIN PRIMARY
PEDESTRIAN PATHWAYS, SUBJECT TO THE LIMITATIONS HEREIN;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
Item #3- 08-00172zt_PAB 3.5.08.pdf
08-00172t Legislation (Version 2).pdf
08-00172zt CC FR Fact Sheet.pdf
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of
Miami
FINDINGS:
PLANNING DEPARTMENT: Recommended approval.
PLANNING ADVISORY BOARD: Recommended approval to City
Commission on March 5, 2008 by a vote of 8-0.
PURPOSE: This will allow for office uses along the ground floor frontage of
primary pedestrian pathways, subject to limitations.
Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter
be PASSED ON FIRST READING PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones
Absent: 1 - Commissioner Regalado
Chair Sanchez: PZ.10.
Lourdes Slazyk (Zoning Administrator): PZ.10 is an amendment to SD-2 in Coconut Grove in
order to allow for office uses on the groundfloor of certain primary pedestrian pathways,
subject to certain limitations. This is an ordinance to allow the -- in the east section of Center
Grove, introduction of office uses on the groundfloor which weren't allowed before. We believe
that this will, first of all, allow for some great adaptive reuse for some of these ground floor
locations, and secondly, it will bring a daytime office population to the Grove, which would
actually help the other businesses, which there has been some struggling lately. It's been
recommended for approval by the Planning Advisory Board, and we ask for your approval.
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Meeting Minutes March 27, 2008
Chair Sanchez: All --
Ms. Slazyk: There's a map of the locations in your packages.
Chair Sanchez: Okay. All right. Can we get a motion and a second for the purpose of
discussion?
Commissioner Sarnoff. So move.
Chair Sanchez: There's a motion --
Commissioner Gonzalez: Second.
Chair Sanchez: -- by Commissioner Sarnoff, second by Commissioner Gonzalez. Before we
open it up for discussion, it's an ordinance on first reading. Madam Clerk, PZ.10. Anyone from
the public wishing to address this Commission, please step forward, be recognized. Seeing none,
hearing none, the public hearing is closed, coming back to the Commission for discussion.
Discussion. No discussion on the item. It's a resolution -- I mean, it's an ordinance. Read the
ordinance into the record, followed by a roll call.
The Ordinance was read by title into the public record by Assistant City Attorney Maria 1
Chiaro.
Chair Sanchez: All right. Roll call.
Priscilla A. Thompson (City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been passed on first reading, 4/0.
Chair Sanchez: All right. PZ.11 has been continued.
PZ.11 03-0415 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE
SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13, AND 17 OF ZONING
ORDINANCE NO. 11000, FOR THE KUBIK AT MORNINGSIDE PROJECT,
TO BE LOCATED AT APPROXIMATELY 5600-5780 BISCAYNE
BOULEVARD, MIAMI, FLORIDA, TO BE PROPOSED AS TWO 14-STORY
BUILDINGS WITH TWO DESIGN OPTIONS WITH THE "ALTERNATIVE A"
OPTION COMPRISED OF 293 MULTIFAMILY RESIDENTIAL UNITS,
41,745 SQUARE FEET OF RETAIL/RESTAURANT SPACE, AND
APPROXIMATELY 422 TOTAL PARKING SPACES; OR THE
"ALTERNATIVE B" OPTION WHICH IS COMPRISED OF 293
MULTIFAMILY RESIDENTIAL UNITS, 33,046 SQUARE FEET OF
RETAIL/RESTAURANT SPACE, AND APPROXIMATELY 362 TOTAL
PARKING SPACES.; DIRECTING TRANSMITTAL; MAKING FINDINGS OF
FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR
BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
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03-0415 MUSP Fact Sheet 05-06-04.pdf
03-0415 MUSP Analysis.PDF
03-0415 Zoning Map.pdf
03-0415 Aerial Map.pdf
03-0415 PAB Resos.PDF
03-0415 Special Exception Fact Sheet.pdf
03-0415 Sp Exception Analysis.PDF
03-0415 MUSP Application.PDF
03-0415 ZB Reso.PDF
03-0415 Sp Exception Application & Supp Docs.PDF
03-0415 Plans.PDF
03-0415 Legislation.PDF
03-0415 Legislation.Sub.pdf
03-0415 Exhibit A (Development Order).PDF
03-0415 Exhibit B - Alt A (Legal Description).PDF
03-0415 Exhibit B - Alt B (Legal Description).PDF
03-0415 Exhibit C - Alt A (Project Data).PDF
03-0415 Exhibit C - Alt B (Project Data).PDF
03-0415 - submittal.pdf
COMM-4-22-4. ppt
03-0415 - submittals.pdf
03-0415 - submittal - Women Club.pdf
03-0415 - submittal - Morningside.pdf
03-0415 - submittal - Kubik.pdf
03-0415 - submittal - U of M.pdf
03-0415 - submittal - law analysis.pdf
03-0415 Outside Cover.PDF
03-0415 Inside Cover with Photos.PDF
03-0415 Table of Contents.PDF
03-0415 Article I - Project Information.PDF
03-0415 Aerial.PDF
03-0415 Zoning Atlas.PDF
03-0415 Project Data Sheet.PDF
03-0415 Computer Tax Printout - Deed.PDF
03-0415 Ownership List.PDF
03-0415 Directory of Project Principals.PDF
03-0415 Article 11 - Project Description.PDF
03-0415 Article III - Supporting Documentation.PDF
03-0415 Minority Construction Employment Plan.PDF
03-0415 Traffic Impact Analysis. PDF
03-0415 Site Utility Study.PDF
03-0415 Economic Impact Analysis.PDF
03-0415 Survey of Property.PDF
03-0415 MUSP Fact Sheet 04-22-04.pdf
03-0415 MUSP Fact Sheet 06-10-04.pdf
03-0415 Kubik Analysis - Sec 1305 Booklet.PDF
03-0415 Booklet Index.PDF
03-0415 Booklet Exhibit A.PDF
03-0415 Booklet Exhibit B.PDF
03-0415 Booklet Exhibit C.PDF
03-0415 Booklet Exhibit D.PDF
03-0415 Booklet Exhibit E.PDF
03-0415 Booklet Exhibit F.PDF
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Meeting Minutes March 27, 2008
03-0415 Booklet Exhibit G.PDF
03-0415 Circuit Court Orders.pdf
03-0415 June 10, 2004 CC Resolution.pdf
03-0415 June 10, 2004 Transcripts.pdf
03-0415 May 6, 2004 Transcripts.pdf
03-0415 April 22, 2004 Transcripts.pdf
03-0415 MUSP Fact Sheet 05-25-06.pdf
03-0415 Eleventh Circuit Court Decision.pdf
03-0415 Third District Court of Appeal Decision.pdf
03-0415 CC R-06-0344.pdf
03-0415 CC Legislation (Version 4).pdf
03-0415 Exhibit A (Alternative A).pdf
03-0415 ExhibitA (Alternative B).pdf
03-0415 Exhibit B (Alternative A).pdf
03-0415 Exhibit B (Alternative B).pdf
03-0415 CC 03-27-08 Fact Sheet.pdf
REQUEST: Major Use Special Permit for the Kubik at Morningside Project
LOCATION: Approximately 5600-5780 Biscayne Boulevard [Commissioner
Marc David Sarnoff - District 2]
APPLICANT(S): Kubik, LLC; Biscayne Premier Investments, Inc and
Mark's Classics Corp
APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire
FINDINGS:
PLANNING AND ZONING DEPARTMENT: Recommended approval with
conditions*.
PLANNING ADVISORY BOARD: Recommended denial to City Commission
on December 17, 2003 by a vote of 4-2. Recommended approval with
conditions* of the substantial modification to City Commission on April 7,
2004 by a vote of 5-4.
ZONING BOARD: Recommended approval of special exceptions to City
Commission on December 15, 2004 by a vote of 9-0.
*See supporting documentation.
PURPOSE: This will allow a mixed -use multifamily residential development.
NOTE: On March 22, 2006, the Circuit Court remanded this item to the City
Commission for further proceedings.
DEFERRED
A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was
passed unanimously, to defer item PZ.11 to the City Commission meeting currently scheduled for
May 22, 2008.
Maurice Colton: Mr. Chair, there was a -- the City --
Chair Sanchez: Sir, I need your name and address for the record.
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Meeting Minutes March 27, 2008
Mr. Colton: Sony. Maurice Colton, 467 Northeast 55th Terrace.
Chair Sanchez: And you're here to speak on what item, sir?
Mr. Colton: On PZ.11. There was a request to the City for a continuance of this item --
Chair Sanchez: All right.
Mr. Colton: -- I understand.
Commissioner Sarnoff. I was going to -- I thought you were going to make the motion.
Lucia Dougherty: Well, let me just talk about it.
Chair Sanchez: All right.
Ms. Dougherty: This is a Kubik case, which is a appeal that has been pending for about four
years. It's coming back to you for a full hearing. The counsel for the other side has asked for a
continuance in writing. I saidl don't have a problem with a continuance, as long as it's to April
10 --
Chair Sanchez: Okay.
Ms. Dougherty: -- because I'm not here on the 27th -- 24th of April. So if you could continue it
to April 10, I'm perfectly happy to do that.
Chair Sanchez: I think --
Commissioner Sarnoff. Is --?
Chair Sanchez: -- April 10, does it give everybody an opportunity to reschedule their schedule
and --
Commissioner Sarnoff. I thought --
Chair Sanchez: -- make sure that --?
Commissioner Sarnoff. -- I think, Mr. Chair, there may be a conflict with you -- is there a
conflict with your attorney on April 10?
Mr. Colton: There is, indeed, yes. He cleared the --
Chair Sanchez: Who's deferring it today?
Mr. Colton: Sony?
Chair Sanchez: Who's deferring it today?
Ms. Dougherty: He is.
Chair Sanchez: Are you asking for a deferral today?
Mr. Colton: Yes.
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Ms. Dougherty: I'm prepared to go.
Chair Sanchez: I mean, we can't continue for you to have a deferral, you to have a deferral, you
to have a deferral because we're never going to hear the item.
Mr. Colton: I think that our counsel assumed that if it were deferred, it would be deferred till the
next date the PZ items were due to be held.
Chair Sanchez: Which is -- the next --
Vice Chair Spence -Jones: Twenty-fourth.
Chair Sanchez: -- is the 24th.
Mr. Colton: Yes. And --
Commissioner Gonzalez: Why don't you set it for May? Set it for May.
Commissioner Sarnoff. Well, Lucia says she --
Ms. Dougherty: Mr. Chairman --
Commissioner Sarnoff. -- has a conflict.
Ms. Dougherty: -- I -- my client flew infrom Spain. We prepared all day yesterday for this
particular hearing. I have agreed with them to defer off of today. I cannot do it on April 27
because I'm out of the country. It is unfair at this point to --
Commissioner Sarnoff. I agree. Why don't we just give them -- what's the date you both can
attend?
Ms. Dougherty: I can do it on April 10.
Commissioner Sarnoff. Okay. He can't.
Ms. Dougherty: He cannot do it on April 10.
Commissioner Sarnoff. What's the next PZ (Planning & Zoning) item [sic] or what would be the
Ms. Dougherty: It would be in May, andl think that's very unfair to my client at this point --
Mr. Colton: We --
Ms. Dougherty: -- because I am agreeing today -- my client flew infrom Spain today to be here.
I'm --
Commissioner Sarnoff. Yeah, but your client flying in to [sic] Spain is -- once you've -- once
you're not opposing the continuance --
Ms. Dougherty: I want to go today.
Commissioner Sarnoff. So you are opposing it?
Ms. Dougherty: I want to go today.
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Commissioner Sarnoff. You're now --
Ms. Dougherty: If they -- if you feel inclined and if you're comfortable --
Commissioner Sarnoff. Here's the question.
Ms. Dougherty: -- in deferring it --
Commissioner Sarnoff. Are you opposing the continuance today?
Ms. Dougherty: If it's until May, yes.
Commissioner Sarnoff. Are you opposing the continuance today?
Ms. Dougherty: Yes, if it's until May.
Commissioner Sarnoff. Well, leave your last part off. Are you opposing the continuance?
Ms. Dougherty: Yes.
Commissioner Sarnoff. Okay. Then I'll make a motion to have this heard for the second -- for
the PZ item [sic] in May.
Commissioner Gonzalez: I'll second the motion.
Chair Sanchez: All right. There's a motion. Any further discussion on the item? No further
discussion. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries.
Mr. Colton: Is that May 8, sir?
Chair Sanchez: It will be heard May 8.
Priscilla A. Thompson (City Clerk): No.
Commissioner Sarnoff. It shouldn't --
Pedro G. Hernandez (City Manager): No. Twenty-second.
Ms. Thompson: Did you say PZ?
Commissioner Gonzalez: Second meeting in May.
Commissioner Sarnoff. Right.
Chair Sanchez: Which one?
Ms. Thompson: PZ May is May 22.
Chair Sanchez: All right.
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Meeting Minutes March 27, 2008
Commissioner Gonzalez: Right.
Commissioner Sarnoff. That's not a conflict for you, right, May 22?
Ms. Dougherty: It isn't, but I'd prefer it on May 8.
Commissioner Sarnoff. No, I understand. I just want to make sure nobody's conflicted.
Ms. Dougherty: I'm not conflicted.
Commissioner Sarnoff. You're just angry, not conflicted.
Ms. Dougherty: That's correct.
Chair Sanchez: So -- all right. Listen, till May 8?
Commissioner Sarnoff. No. May --
Commissioner Gonzalez: May 22.
Commissioner Sarnoff. -- 22.
Chair Sanchez: Twenty-second, this item will be heard --
Commissioner Sarnoff. Correct.
Chair Sanchez: -- come rain, shine, storm, tsunami, whatever --
Commissioner Sarnoff. We'll be --
Chair Sanchez: -- we'll hear this item.
Commissioner Sarnoff. -- postmen.
Chair Sanchez: Okay.
Ms. Dougherty: May I ask that -- do we know if it'd be in the morning or the afternoon, or is it a
time certain?
Chair Sanchez: It'll probably -- I'll have to see what the agenda looks like, butl anticipate it'll
be in the afternoon.
Ms. Dougherty: Thank you.
Commissioner Gonzalez: Why don't you make it the first item in the afternoon, that way they
have a time certain?
Chair Sanchez: Okay. We'll take that under advisement. All right, there's a motion --
Commissioner Gonzalez: And everybody'll be happy.
Chair Sanchez: -- and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
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Meeting Minutes March 27, 2008
Chair Sanchez: Anyone in opposition, having the same right, say "nay. " The item has been
continued to --
Commissioner Sarnoff. May 22.
Chair Sanchez: -- May 22. All right. Well, listen, we should be out of here by 12 o'clock. It's a
very light agenda today, so let's --
PZ.12 07-01172x RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR
REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY
DENYING OR GRANTING A SPECIAL EXCEPTION AS LISTED IN
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, ARTICLE 4, SECTION 401, UNDER CONDITIONAL
PRINCIPAL USES OF C-2 LIBERAL COMMERCIAL (13), TO ALLOW HIRING
HALLS, EMPLOYMENT OFFICES AND LABOR POOLS, SUBJECT TO ALL
APPLICABLE CRITERIA, FOR THE PROPERTY LOCATED AT
APPROXIMATELY 1757 NORTHWEST 23RD STREET, MIAMI, FLORIDA.
07-01172x Analysis.PDF
07-01172x Zoning Map.pdf
07-01172x Aerial Map.pdf
07-01172x Application & Supporting Docs.PDF
07-01172x Plans.PDF
07-01172x ZB 10-29-07 Fact Sheet.pdf
07-01172x ZB Reso.PDF
07-01172x Appeal Letter.PDF
07-01172x CC Clarification of Parties Letter.pdf
07-01172x CC School Board Letter.pdf
07-01172x CC Legislation (Version 3).pdf
07-01172x CC Legislation (Version 4).pdf
07-01172x Exhibit A.pdf
07-01172x CC 02-28-08 Fact Sheet.pdf
07-01172x CC 03-27-08 Fact Sheet.pdf
LOCATION: Approximately 1757 NW 23rd Street [Commissioner Angel
Gonzalez - District 1]
APPELLANT(S)/APPLICANT(S): Michael A. Gil, Esquire and Melissa Tapanes
Llahues, Esquire, on behalf of KEA Investment, LLC, a Florida Limited Liability
Company
FINDINGS:
PLANNING DEPARTMENT: Recommended denial of the appeal and denial of
the Special Exception.
ZONING BOARD: Denied the Special Exception on October 29, 2007 by a vote
of 5-4.
PURPOSE: The approval of this appeal will allow an employment office in the
C-2 Liberal Commercial zoning district.
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Meeting Minutes March 27, 2008
DEFERRED
A motion was made by Commissioner Gonzalez, seconded by Commissioner Sarnoff, and was
passed unanimously, to defer item PZ.12 to the City Commission meeting currently scheduled for
May 22, 2008.
Commissioner Gonzalez: Let's go into PZ (Planning & Zoning).
Chair Sanchez: All right. Ladies and gentlemen, before we go to PZ items that are on the
agenda -- and we'll have the City Attorney read the procedures into the record -- is there anyone
here from -- to address this Commission on PZ.12? Are you PZ.12?
Ben Fernandez: It's Melissa Tapanes that's representing that item, and she experienced a death
in the family.
Chair Sanchez: I understand.
Mr. Fernandez: She can appear after lunch, if it's acceptable to take that item up later in --
Chair Sanchez: All right.
Mr. Fernandez: -- the afternoon.
Chair Sanchez: We would take that under advisement, based on the circumstances. So we'll
take up that item after two o'clock.
Mr. Fernandez: Thank you.
Chair Sanchez: All right.
Priscilla A. Thompson (City Clerk): I'm sorry, Chair. Before he moves from the mike --
Mr. Fernandez: Ben Fernandez, 200 South Biscayne Boulevard.
Ms. Thompson: Thank you.
Chair Sanchez: The item has been table to the afternoon, Madam Clerk. That's PZ.12. Let me
just put it here to keep order.
[Later...]
Chair Sanchez: And for the record, PZ.12 will be heard first item after lunch, hopefully, if the
attorney is back due to a death in her family. If not, we'll entertain a motion to continue. Any
other items?
Commissioner Gonzalez: I would like to make a motion to continue it now, if we can?
Chair Sanchez: That's PZ.12?
Commissioner Gonzalez: Yes.
Chair Sanchez: All right. PZ.12, there's a motion to continue it to the next PZ item [sic], so the
next PZ item [sic] --
Vice Chair Spence -Jones: Second.
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Meeting Minutes March 27, 2008
Chair Sanchez: -- is going to be a heavy PZ agenda. We'll look into that, Mr. City Manager.
All right, there's a motion and a second.
Commissioner Gonzalez: I would like --
Chair Sanchez: No discussion.
Commissioner Gonzalez: -- can I continue it to a time certain?
Ms. Thompson: Of course.
Commissioner Gonzalez: Okay. I want to continue it to May, the second -- the meeting of
Planning and Zoning in May.
Ms. Thompson: Okay, so that means we're deferring it to the May 22 meeting?
Commissioner Gonzalez: That's correct.
Chair Sanchez: And if it's a time certain, the Commissioner will go through the Chair for a time
certain. All right. No discussion on the item. There's a motion. Was there a second?
Commissioner Sarnoff. Second.
Chair Sanchez: Second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. All
right, let's go ahead with PZ.1. Are you ready?
PZ.13 05-00976x RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, REVERSING OR
AFFIRMING THE DECISION OF THE ZONING BOARD AND THEREBY
GRANTING OR DENYING A SPECIAL EXCEPTION AS LISTED IN
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, ARTICLE 4, SECTION 401, UNDER CONDITIONAL
PRINCIPAL USES (3) OF R-1 SINGLE-FAMILY RESIDENTIAL, TO ALLOW
PLACES OF WORSHIP (THIS APPLICATION SEEKS THE APPROVAL FOR A
CHANGE OF USE FROM SINGLE-FAMILY RESIDENTIAL TO A PLACE OF
WORSHIP), FOR THE PROPERTY LOCATED AT APPROXIMATELY 3570
MAIN HIGHWAY, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND
SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN
WHICH A BUILDING PERMIT MUST BE OBTAINED.
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05-00976x Analysis.PDF
05-00976x Zoning Map.pdf
05-00976x Aerial Map.pdf
05-00976x Application & Supporting Docs.PDF
05-00976x Plans.PDF
05-00976x ZB 07-30-07 Fact Sheet.pdf
05-00976x ZB 12-10-07 Fact Sheet.pdf
05-00976x ZB 01-28-08 Fact Sheet.pdf
05-00976x ZB Reso.PDF
05-00976x Appeal Letter.PDF
05-00976x Legislation (Version 3).pdf
05-00976x Legislation (Version 4).pdf
05-00976x Exhibit A.pdf
05-00976x CC Fact Sheet.pdf
05-00976x-Submittal-Chabad of South Dade Composite Exhibit.pdf
05-00976x-Submittal-Iskcon Miami.pdf
05-00976x-Submittal-Submittal-Photo 1.pdf
05-00976x-Submittal-Submittal-Photo 2.pdf
05-00976x-Submittal-Submittal-Photo 3.pdf
05-00976x-Submittal-Letter-I nternal Revenue Service.pdf
LOCATION: Approximately 3570 Main Highway [Commissioner Marc David
Sarnoff - District 2]
APPELLANT(S)/APPLICANT(S): Lucia A. Dougherty, Esquire and Javier F.
Avino, Esquire, on behalf of William Hubbell, Owner
FINDINGS:
PLANNING DEPARTMENT: Recommended denial of the appeal and denial of
the Special Exception.
ZONING BOARD: Denied the Special Exception on January 28, 2008 by a vote
of 4-3.
PURPOSE: The approval of this appeal will allow a place of worship.
Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter
be ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Spence -Jones
Absent: 2 - Commissioner Sanchez and Regalado
R-08-0175
Lucia Dougherty: Did you continue one to the afternoon? I can't remember. Was that the one
that Commissioner --
Commissioner Gonzalez: I asked --
Ms. Dougherty: -- Gonzalez deferred?
Commissioner Gonzalez: -- for a deferral of that item.
Ms. Dougherty: Okay.
Chair Sanchez: No. PZ.12 was continued -- tabled till the afternoon --
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Commissioner Gonzalez: I mean --
Chair Sanchez: -- and then a motion was made --
Commissioner Gonzalez: -- continued.
Chair Sanchez: -- to continue it.
Ms. Dougherty: So we will not have any items this afternoon, you don't think?
Chair Sanchez: PZ.12 --
Ms. Dougherty: Because I have an expert witness coming from Hollywood, andl need to -- for -
- I have PZ (Planning & Zoning) number --
Chair Sanchez: I don't think so, but --
Ms. Dougherty: -- PZ.13. No? All right.
Chair Sanchez: I can't guarantee you that, but I'll do my best to try to get done by maybe 12: 30.
[Later...]
Commissioner Gonzalez: PZ. 13.
Chair Sanchez: PZ.13. Okay. PZ.13, it's a resolution. Are you going to need to set up there?
All right.
[Later...]
Chair Sanchez: All right. Are you ready? PZ.13.
Lucia Dougherty: Yes, sir. Did you want to hear from me or the staff first on --?
Chair Sanchez: Staff first, as always, and then the applicant, and then --
Roberto Lavernia (Chief of Land Development, Planning Department): Was a request for a
special exception for a place of worship. The Planning Department finding that the special
exception is to allow a use other than residential in that specific structure, which is a single
family. The surrounding area of the property -- there's other permitted uses of worship already
exist. The landscape plan has not been submitted as part of the application. Subject property is
part of a private right-of-way agreement, book 2413, page 534, that created a private
passageway for the common use of the owner of Tract 1 through 6 inclusive and 8. It is also
found that the width of the private road is only 20 feet width. The proposed use as a place of
worship will increase the parking requirement up to nine space [sic]. It's also found that the
only access for those nine space [sic] will be through the private road. The access and
maneuvering -from and to those nine parking spaces will be on a 20 foot private road when only
one-way public street of the City ofMiami has a minimum width of 25. The increase of car used
in the private road is a result of the requested use will negatively impact the use of the road by
other owners abutting the private road, which is their only access. It is also found that the
potential spillover of the parking for the place of worship can deprive the other property owners
of access to their property since it cannot be accommodated on Main Highway. The Planning
Department in general has no objection at all of a use of a single-family resident structure as a
place of worship, as a permissible use through the special permit process and per Chapter 401 of
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Ordinance 11000. But in this particular case and following 1305.3.1, Manner of Operation, this
particular location is not appropriate for any other use than a single-family use. So the
Planning Department recommend denial of the request. They went in front of the Zoning Board,
and the Zoning Board denied the special exception on January 26. Thankyou.
Vice Chair Spence -Jones: Thankyou. Lucia.
Ms. Dougherty: Yes. Thank you very much. Madam Vice Chair and members of the
Commission, Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm very pleased today to
be before you representing Master Tsai and the Zab Sang Institute. Master Tsai was appointed
by the monastery in Nepal, which is a Tibetan Buddhist master. I have a letter from the Dalai
Lama basically commending her on her work, which I will pass out to you in a minute. As a
Tibetan master, she is allowed to teach -- and Buddhism is not like an organized religion that we
know of the Catholic religion, et cetera. It is a group of teachings. It is not a -- in the way that
we simply -- as we know religion. It is something that's a way of life. It's a showing of a way of
life. And as a result of her teaching, she is also required to take a vow of poverty. She's also
required to do outreach in the community as part of her ministry. And as part of her ministry,
she has been working at the Barnyard Community teaching children yoga for many years now,
andl have a article that came out in the paper that have a color copy of as well as a -- it was
in March -- talking about her ministry to not only the children of Barnyard Community, which is
in West Grove, but also to senior citizens, all for free. There's lots of places you can go do yoga
in the City, but not necessarily for free. She also -- at the City -- I mean, at the Zoning Board
hearing, I also passed out letters from Archbishop Fabriola (Phonetic), who has asked her to
participate in the interfaith community programs and had recognition by Rabbi Solomon Ziff
(Phonetic), as well as a letter from the Miami Coalition of Christians and Jews and commending
her on her work with the elderly. She lives on the generosity of other people. For example, this
house is not owned by her, but is, in fact, owned by Mr. Hubbell, who has donated the house to
her. She -- others pay the electric bill. Iris Escarra andl are working for her pro bono. She is
not somebody -- this is not a commercial venture. We have heard, you know, some of the
negative things that people say; for example, that she's just running a business, and she is giving
sushi lessons out of the building. In fact, what she did is she hosted one time the Japanese
minister at the facility, and they were showing cultural differences and cultural format and they
were -- actually served sushi to the Japanese minister. So that was a one-time event. If you go
to St. Hugh, St. Jude, Jesuit and the Hare Krishna Institute, which is two blocks from
Commissioner Sarnoffs house, you'll see a huge gift shop; that is not unlike this particular
institution. You can buy gifts. You can buy candles. You can buy deities. You can buy things
that are a part of her religion. You can -- if you go to the Hare Krishna Institute, you can have a
feast any Sunday night. In fact, what I'm going to pass out is their Web site. So the fact that you
may sell trinkets, that you may take donations, does not make you not an institute or a religious
institution. We are asking for a special exception, and a special exception is a use which is
permitted by law subject to reviewing by you and the Zoning Board -- and/or the Zoning Board
to impose conditions that would make it -- mitigate any adverse impacts on the neighborhood.
But overlaid on top of this issue of the special exception is a federal law called RLUIPA
(Religious Land Use andlnstitutionalizedPersonsAct). Andl am not an expert in RLUIPA, and
I don't intend to be, but we have one on its way. And hopefully -- I don't know if Jason has
arrived yet, but Jason Gordon is a lawyer that represented the Chabad in Hollywood, in which
Hollywood actually had to pay $2 million because it failed to allow this chabad It also required
people to take sensitive -- the Commissioners to take sensitivity trainings. Andl tell you this
because he is an expert in this area of the law. He also represented the Cooper City Church,
which you may have read about in the paper just recently, and he also -- and then also the city of
Surfside had to pay multimillions of dollars -- they just paid $800, 000 in legal fees alone in
connection with RLUIPA. And let me just talk about that for a minute. The United States was
founded on people who were escaping religious persecution, and what is the very first tenet of
the Constitution of the United States? You can't abridge religious freedoms. And this RLUIPA
statute, which is called Religious Land Use Institutional [sic] Persons Act, meaning you can't
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impose, by land use regulations, an inordinate burden on the exercise of religious freedoms. So
the -- what we have in the record and what submitted to you is a letter from the Becket Fund -
-and again, I'm not the expert in this area, but these people are. And the Becket Fund is a
nonpartisan public participation interest law firm. And when I say it's nonpartisan, part of the
board of directors is a -- Republican Orrin Hatch, Republican Henry Hyde, but we also have
Eunice Shriver and Sergeant Shriver on this board of directors. And what they do is they
support RLUIPA findings, and they actually, you know, fundRLUIPA lawsuits. And let me just
read to you -- and it was a four page -- it's in your package. From our review of the record, we
understand that the primary concerns raised in opposition to the application are traffic and
parking. However, courts have repeatedly concluded that traffic and parking through
understand -- although understandably legitimate concerns, do not meet the high threshold of a
compelling government interest. Traffic concerns have never been deemed compelling
government interests. The same is true for concerns over neighborhood character, consistency
of land use, aesthetics, and moreover, aflat refusal to permit Zab Sang Institute -- the use of the
property for religious assemblies cannot be sustained. So, in other words, we're here to ask for
conditions to mitigate any adverse impacts. Now the interesting thing is that one of the reasons
that the City staff has said -- the only reason that the City staff has said that they recommend
denial is because it is a private road. In other words, this is located on a private road, and I'm
just going to show it to you right here on the map. This is Main Highway. The Zab Sang
Institute is right here. St. Hugh Church is immediately next to it. And the private road goes
around the street like this. Well, the interesting thing is, last Monday night, the chabad, which is
also on Main Highway, right here, which was recommended for approval, the only access to the
chabad is also on a private road. So the staff has one recommendation, and we believe because
there was one person in the neighborhood that was complaining about it, and we think we can
solve that person's problem. In other words, here is the subdivision. The houses that you see in
blue all support this institute. These two houses are actually being for sale because the people
died. We cannot get a hold of their estate right now. Mr. Hill, who owns this property and this
property, support the application. So we only have one neighbor who does not support this
application, and his complaint is people can drive on this driveway and park on my private road
and block me in. So what is the condition that we would accept that would not allow that to
occur? We have nine parking spaces. We have all the required parking spaces that are
necessary. We're not seeking any variances. What we would agree to is to not permit anybody
to park anywhere on this street, except for our private property. In other words, these spaces are
on our private property. And the good news is this is a private road. So, if anybody parks
illegally or not part of you know, the property owners around there, guess what? You can call a
tow company. And at one of our meetings, I had the owner of Fremont Towing, Junior Gonzalez,
come and say I'm happy to do it for free. I will tow these people out of your -- all you have to do
is call me. So, as being a private road, unlike a public street, it's actually easier to control. I
wanted to show you this map because in this map all the blue indications -- and this does not
have the Hare Krishna Institute 'cause it's off the map, although it's two blocks from your house -
- all of these in blue are religious institutions in a single-family neighborhood. Everything that's
in green is a chur -- I mean, a school in a single-family neighborhood. So, if Main Highway isn't
the place where institutions and religious institutions is ideal location, I don't know where else is
in the City ofMiami. It's the perfect location. So we have agreed, again, to limit anybody who
can park in this neighborhood -- I mean, who can park -- come to the institute to park on our
private property. And to the extent that they can't park on our private property, well, I am telling
you there's lots of public parking around here. Again, here is our property. This is St. Hugh
Church. In front of St. Hugh Church, there are free, not metered, parking, all the way up and
down this street on Royal Road, which is a block off here and on Franklin Avenue. There's
places to park. There's public parking in the Center Grove. This, by the way, is the Playhouse;
this is the Taurus. Even the Taurus has -- or the old Taurus, now Grove Garden, have public
parking spaces in the facility. So what we have agreed to do is to limit anybody who can park
for our institute to park on our site and allow anybody who's parking along this driveway that is
not part of our institute or is part of our institute, you can just call the tow company.
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Commissioner Sarnoff. Lucia --
Ms. Dougherty: Yes.
Commissioner Sarnoff. -- the -- Madam Chair -- when there is a religious ceremony, how many
people ordinarily attend?
Ms. Dougherty: Anywhere -- the -- well, the location of it, probably 10 to 13 people max.
Commissioner Sarnoff. So you could have 13 people attend; theoretically, nine parking spaces,
possible overflow four?
Ms. Dougherty: Um -hum.
Vice Chair Spence -Jones: Lucia.
Ms. Dougherty: Yes, ma'am.
Vice Chair Spence -Jones: Anymore?
Ms. Dougherty: I -- I'm just looking over at my notes 'cause --
Vice Chair Spence -Jones: Okay. No problem.
Ms. Dougherty: -- I just don't want to forget anything. But go ahead and ask your question if
you have any.
Vice Chair Spence -Jones: No, no. I just --
Ms. Dougherty: Okay.
Vice Chair Spence -Jones: -- want to make sure -- 'cause I know that we need to open up the
floor, but go 'head [sic].
Ms. Dougherty: I wanted to include for the record the Internal Revenue Service because some
folks say that she's not a nonprofit. Oh, the good news is because she doesn't own the property,
you still get taxes, unlike all the other religious institutions on Main Highway. You still get your
taxes paid by the owner of the property because she doesn't actually own it. I have the checks
for Teresita. I also have for the record -- and we submitted at the Zoning Board the actual
easement, and there's nothing in that easement that prevents her or anybody else from
maintaining a religious institution. In fact, what it says that it allows any invitees, any
employees, any resident employee or invitee to use this private street, and I'll find that for the
record in a minute.
Commissioner Sarnoff. Lucia, when you -- when there is a religious ceremony, is it every
Sunday, every Monday, every -- is there a certain time of day or week that it happens?
Ms. Dougherty: I'm going to ask Master Tsai to come forward
Chufei Tsai: Sunday.
Commissioner Sarnoff. Sunday?
Ms. Tsai: Yes.
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Commissioner Sarnoff. What time of day is it?
Priscilla A. Thompson (City Clerk): I'm sorry. Chair, if we can just get a name for the record
and so --
Vice Chair Spence -Jones: Yes.
Ms. Thompson: Please.
Vice Chair Spence -Jones: State your name for the record, please.
Ms. Tsai: Yes. My name is Chufei Tsai. I'm the founder of Zab Sang Institute. And we do
service on Sunday. Right now, (UNINTELLIGIBLE) schedule is nine to ten in the morning.
Commissioner Sarnoff. In the morning?
Ms. Tsai: Yes.
Commissioner Sarnoff. And is that about 14 or 15 people come? Is that --
Ms. Tsai: Yeah.
Commissioner Sarnoff. -- correct?
Ms. Tsai: Actually, much less right now that -- you know. It's those one who have interest in
Buddhist study, and we meditate together, andl give a brief talk.
Commissioner Sarnoff. How frequently do you have more than nine cars parked there?
Ms. Tsai: Maybe once or twice a week.
Commissioner Sarnoff. You have more than nine cars parked there?
Ms. Dougherty: They have more than nine cars, but not parked there.
Ms. Tsai: Not parked there. We have like that number of parficipants will come.
Commissioner Sarnoff. You're saying one or two times a week you go to your maximum parking
amount?
Ms. Tsai: No. But the people do park in the public facility. We always acknowledge them that
to park in public facilities and walk over to the center.
Commissioner Sarnoff. So let me ask the question, how many times a week do all -- are all nine
of your parking spaces occupied?
Ms. Tsai: Maybe just one.
Commissioner Sarnoff. One time a week?
Ms. Tsai: Yes.
Commissioner Sarnoff. Has it ever been your experience that people park in the horseshoe
outside of your nine parking spaces that come to your facility?
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Ms. Tsai: Not as I aware of right now. Because right now we do have -- our architect has been
helping us to put out the posts and where they able to park properly. So I think that problem
should be solve.
Commissioner Sarnoff. Is that new that the architect has --
Ms. Tsai: Yes.
Commissioner Sarnoff. -- designed these parking spaces?
Ms. Tsai: Yes.
Commissioner Sarnoff. How --
Ms. Tsai: It has been done.
Commissioner Sarnoff. -- recent is that?
Ms. Tsai: It's about like --
Ms. Dougherty: It's actually since we started this application.
Commissioner Sarnoff. I don't know when you started.
Ms. Tsai: About three weeks --
Commissioner Sarnoff. Okay.
Ms. Tsai: -- Commissioner. Yes.
Ms. Dougherty: No. I don't think that's correct.
Ms. Tsai: No?
Ms. Dougherty: No.
Ms. Tsai: All right.
Vice Chair Spence -Jones: Commissioner Sarnoff, can we allow for Lucia to finish the
presentation, if you don't mind, and then we can bring it back to the floor? I would like to open
it up for the public, if there's anybody that has to bring comments. But if we could just keep the
order in place and --
Ms. Dougherty: I --
Vice Chair Spence -Jones: -- then --
Ms. Dougherty: -- what I think has happened is that ever since we became aware of the issue,
we have tried to monitor and to keep the people who are parking -- not to park in the horseshoe
that is not our private property. Now to some extent, it's hard to know that because it's just a
gravel road, and by the way, she's willing to participate in making it less than a gravel road and
asphalting it, but some of the folks who actually live on the street don't want that to occur. But
anyway, if you drive in it here, it -- you can't hardly tell which is the private property and which
is not. So since we became aware that it's caused our neighbors a problem, we've been telling
people not to park in the horseshoe and only to park on our private property.
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Commissioner Sarnoff. And after having made that change, are people acceding to your
wishes?
Ms. Dougherty: I think -- yeah. The answer is yes.
Commissioner Sarnoff. Okay.
Ms. Dougherty: We have many of their parishioners --
Ms. Tsai: Yes.
Ms. Dougherty: I'm not sure what you --
Ms. Tsai: Yes, they do.
Ms. Dougherty: -- call them here -- Yes. So anyway --
Vice Chair Spence -Jones: Are you --?
Ms. Dougherty: -- let's open it up to the public. And may have --
Vice Chair Spence -Jones: I'd like to --
Ms. Dougherty: -- rebuttal at the end.
Vice Chair Spence -Jones: Are you officially done?
Ms. Dougherty: Yes. But I'd like to respond to anything that may come up. Thank you.
Vice Chair Spence -Jones: No problem. So we'd like to, at this particular point, open up the
floor if there are any comments. I'd like to limit it to two minutes per person. Madam Clerk, is
there any -- all these people have been sworn in already?
Ms. Thompson: They probably have not. I think they came in after we had done the swearing in.
Vice Chair Spence -Jones: Okay. So do you want to --?
Ms. Thompson: If you are going to testify in this item now, PZ.13, I need you to please stand
and raise your hand so I can swear you in. You need to stand and raise your right hand, please.
The City Clerk administered oath required under City Code Section 62-1 to those persons giving
testimony on zoning issues.
Ms. Thompson: Thank you.
Vice Chair Spence -Jones: Sir, you have two minutes.
Reginald Nicholson: Good morning, Honorable Commissioners, and thank you for being here.
Vice Chair Spence -Jones: Please put your name --
Mr. Nicholson: I'm sorry. I'll get to that.
Vice Chair Spence -Jones: -- and address on the -- for the record, please.
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Mr. Nicholson: My name is Reginald Nicholson. I live at 3635 Loquat Avenue, Coconut Grove,
Florida 33133. I'm the past commodore of the Coconut Grove Sailing Club, andl conduct the
Alhambra Orchestra here in Coconut Grove, andl've lived in Miami all my life. I want to read a
letter or portions of the letter that I've sent to one of the Commissioners. I've had to make some
changes, so -- 'cause the day is different This past Tuesday I met with Master Tsai. She was
very concerned that the Commissioners and the City in general did not and do not understand
the purpose or the mission of Zen Village. In fact, she was told that the Mayor thinks we are a
place that serves sushi. I have been a member of the Zen Village for over three years. When I
was first diagnosed with colon cancer back in the year 2000, I had been doing a great deal of
reading about Buddhism and it really helped me get through my operation and recovery.
However, the cancer returned in 2005 and spread to my lungs, andl knew I was in big trouble
andl knew thatl needed to do more than read books andl needed to seek out some one-on-one
opportunities to speak with either a Buddhist monk or a master or something of that nature, and
I went on-line andl found Zen Village. I couldn't believe my eyes. When I saw it was located
right down the street from where I lived and right across from the street from the orchestra that I
rehearse on Wednesday nights. I immediately sought out all the info I could, and to make a long
story short, met Master Tsai. With her help and constant reassurance, I've managed to stay alive
for these last three years despite being told that I might not last six months. I'm sure that Dr.
Feinberg, my oncologist, and modern medicine had a great deal to do with this amazing
recovery. But also know that the love and understanding and guidance that received at Zen
Village also helped. Our little community is located on Main Highway. I've passed out some
pictures to all of you to show you what Zen Village looks like and what the surrounding area
looks like. One of the pictures has some cars parked in it. I just want to let you know those cars
don't belong to anybody either as residents or in Zen Village. Those are people who actually
parked across the street because they were going to Ransom. I found that out. Our little
community is on Main Highway. Across the street from Ransom Everglades, a school started by
Episcopal church, next door to St. Hugh's, a Catholic church that also runs a large religious
school, down the street from a chabad, and across from that is the Historic Plymouth
Congregational Church, which owns almost all the land around that area. The Carleton School
is just down the street also; a little further down is the Church of Science, and a little further
down is the Vanguard School. Our Zoning Board has ruled that we cannot be granted an
exemption as a religious institution because of the parking, et cetera. This is entirely
outrageous, as we are surrounded by religious institutions. The two protesting renters who live
in one of the other residencies along the dirt road that we share are married to each other and
are claiming that the emergency vehicles cannot get to their houses if needed. I hope I have
enough to finish this. It's only one more page, please.
Vice Chair Spence -Jones: Yes.
Mr. Nicholson: Okay. And have a hard time because of the chemo with my fingers, so give me
a second. Despite the fact that we have offered to limit our parking to nine spaces located
around the Zen Village, which do not block the private dirt road -- it's part of the Buddhist way,
you know, to find a middle ground -- still, the renters won't compromise. I personally feel their
excuse regarding emergency vehicles is one that cannot hold water. If you've ever tried to drive
on Main Highway in the morning when school opens, or in the afternoon when school is
dismissed, no one can drive unimpeded because of the traffic. Plus, where I live on Loquat, the
speeding cars with the mothers on their cell phones have run over our cats, killed our peacocks,
andl've wondered what's next. I'm waiting for a child to be hit. But we put up with it because
we understand where we live, and we accept where we live. I mean, it's hard to live in paradise
and not make compromise. Finally, I've been a victim of prejudice a few times in my life. The
first time when I crossed myself after saying the Lord's Prayer in a public school -- because I
had been raised Catholic -- I didn't understand the stares from the other kids, the whispers, their
reluctance to even talk to me. Later in high school, I was denied membership in a club because
of my religion. And now, the city where I was born is not allowing me the freedom of religion,
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which is guaranteed in the First Amendment of our Constitution. Last paragraph, if I can find it.
I'm sorry. I'm really nervous. I shouldn't be. This means a lot to me personally. I have given
each of your officers a brochure that explains the Zen Village purpose. As a Buddhist, we
believe in peace and compromise -- and compassion. With all the terrible activities that are
occurring around the world, especially in Burma and Tibet, where my Buddhist brothers and
sisters are being tortured and killed every day, it's amazing that our city would consider not
allowing us a small center in the middle of so many other institutions of peace and love to exist is
truly ridiculous. I ask you to please reconsider and allow us to have our Zen Village on Main
Highway with all the other peace -loving and faithful institutions that are there. Thank you.
Vice Chair Spence -Jones: Thank you. And we allowed for you to kind of go over because you --
it appeared to be very emotional situation for you. I just want to, as we go into the next, if
there's other people that are going to be speaking, Madam Clerk, if you could let -- I want to
make sure we stay within that two -minute rule. So if you could at least make sure that we keep
them on target.
Sanda Eusepi: Yes. Thankyou. I will try to be two minutes. Okay. I'm originally from Italy.
I'm --
Vice Chair Spence -Jones: Your name and --
Ms. Eusepi: -- Catholic. Sanda Eusepi.
Vice Chair Spence -Jones: -- your address.
Ms. Eusepi: I am an international banker, originally from Italy andl am Catholic.
Vice Chair Spence -Jones: Right. But I just need your name and address for the record --
Ms. Eusepi: Oh --
Vice Chair Spence -Jones: -- for the Clerk.
Ms. Eusepi: -- okay. Sanda Eusepi, 1760 Northeast 144th Street, Miami, Florida 33181 --
North Miami. So I do a long drive to go to the center. I'm saying I'm Catholic simply because
you don't have to be Buddhist to be attended by Master Tsai at the Zen Village. She helps
anyone. I went through a divorce about four years ago, andl was going to professional
psychologist spending a lot of money, which was not helping me at all. And a friend introduced
me to Master Tsai, andl went there with my son that -- which right now is here, and my life
changed completely. Through her lecture, through the exercise we do with yoga, and through
the meditation, my life is completely balance and very up there. Regarding the parking space,
very rarely we have more than nine people going there, and we are very disciplined. In fact, my
son has volunteered to work with the people parking to make sure that we do not violate the
rights that have been given to us. So, if we have an extra car, they go far away and park far
away. This center is very important and has been helping and is helping many people, young
people, senior people, professionals. What Master Tsai is really doing for the community is
incredible, andl would appreciate that you'll help us. Thankyou.
Vice Chair Spence -Jones: Thankyou.
Robert Daniels: Good morning, Madam Councilman [sic], Mr. Councilmen. Some of you know
me --
Vice Chair Spence -Jones: Your name and address for the record.
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Mr. Daniels: Okay. My name is Robert Daniels. I'm president of Brilliant Lighting Design, 750
Northeast 61 st Street, Miami 33137. You may know some of my work in this town. I light up the
buildings and bridges here to make it beautiful and make Miami more enjoyable at night. I
discovered Master Tsai about three years ago. I had been looking for a spiritual mentor at the
level of spirituality that I'm currently processing, and I found her to be entirely genuine and of
such spiritual knowledge and insight that I keep coming back. She's like a fountain and an oasis
in a desert. As such, I -- it's helped me to find peace in my life and to have a better perspective
of the world around me and the City ofMiami. I personally try to park off the property in
adjacent street parking that's nearby, and I've also at times -- like last Sunday, we had an event
that was a social event, and three of our parking spaces were taken then by giant club cab
trucks, pickup trucks that were from one of our neighbors, but we didn't make a big issue of it
even though our own personal spots that we're trying to prevent any other parking from were
taken by our neighbors and in part, almost blocked the roadway. This has been an issue that
seems to have gotten out of hand and is irrelevant, in my opinion, to the fact that here we have a
religious group that has frontage right on Main Highway, and we are seeking to have the zoning
set so that we can continue to, you know, gather as a group under our right of spirituality and
religious freedom. I certainly hope that the Commission will look at this from an unbiased
standpoint, that just because this is not a Christian religion and it's the fact that we don't have an
Anglo person as the leader -- she's Oriental -- that prejudices won't occur. And thank you very
much for your time --
Vice Chair Spence -Jones: Thankyou.
Mr. Daniels: -- and unbiased decision.
Sheri Kaplan: Hello. Sheri Kaplan, 1302 Northeast 191 st Street, North Miami Beach, Florida
33179. I'm here to give a personal testimonial. I have known her since 2001, andl have
watched her grow into this new space, andl have given her personal, nonprofit consulting
support 'cause I'm a nonprofit consultant, to ensure that she's a success. She is who she says she
is and she's helped many people, and I'm here to test fy for that. Thank you.
Vice Chair Spence -Jones: Thankyou.
Catherine Cathers: Hello, Commissioners. My name is Katherine Kathers, andl live at 700
Northeast 61st Street, Miami 33137. I, through the generosity ofMaster Tsai, was able to stay at
the center for six months last year, so I was there from about the middle of April through
October, andl was there virtually morning, noon, and night and was able to, you know, interact
with our neighbors and can verify on behalf ofMaster Tsai that all the activities at the center
were only for the benefit of the community and individuals. And I'd also like to reiterate,
unfortunately, the parking situation that in the evenings, especially Friday nights, Saturday
nights, and all -- well, even now people do park on the spaces that are under the property of the
Zen Village. And as our members have already stated, we don't make a big deal about it, and we
just accept that. And that's all have to say. Thank you very much.
Vice Chair Spence -Jones: Thank you very much.
Kane Tuma: Good morning, Commissioners. My name is Kane Tuma. I live in 1250 South
Miami Avenue, Apartment 3104, Miami, Florida 33130. I would just like to make a personal
statement to testify that in my personal experience -- I still remember the day I first found the
center, andl have been practicing Buddhism or studying Buddhism since a young age, andl
remember the happiness I felt that to find a center right very close to my home and where I was
able to go and learn and satisfy my yearning for knowledge and practice and the teachings, and
I test fy personally to the benefits that Master Tsai and her teachings and her compassion and
love bring to the community and senior citizens that she gets involved with and the children and
people of every age. And in fact, I've also been to India and was fortunate enough to meet the
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lineage of masters that -- in which Master Tsai was ordained, and that was an honor for me and
probably the best experience in my life so far. So I just want to give my personal support to the
center. Thankyou.
Vice Chair Spence -Jones: Thankyou.
Eduardo Eusepi: Good morning. Eduardo Eusepi, 1760 Northeast 144th Street, Miami,
Florida. I've been a member for about a year. I've been volunteering for about a month, andl
would like to say that the center really is a place where it helps the community. Andl feel it
teaches everyone who goes there how to be better citizens so they can make this community a
better place, and therefore, the world Andl really feel it's a shame that we're going through this
hindering it from continuing its mission. Thank you.
Vice Chair Spence -Jones: Thank you. Anymore comments from the public before --? Okay.
Any com -- anymore comments from the public? Okay.
Iris Escarra: I actually have a brief one -minute -- information that I wanted to -- the architect.
I'll let him speak first. I'm sorry.
Vice Chair Spence -Jones: Yes.
Guido Porto: Guido Porto, principal of Porto Architecture and Design, 3620 Northeast Miami
Place, Miami, Florida 33137. I came to meet Master Tsai about -- at the time that we first
started this project in -- also to help her pro bono. And a friend told me so many good things
about this center, and l just -- it sounded so positive for the community that said, you know, I
want to participate on this wonderful project that Master Tsai is doing. So I met with her, and
I've been working with her -- it's going to be about three years -- on this project. And -- so I had
a lot of time to spend with her. And it's been one of the most wonderful experiences for me. I
have grown in many different ways, not only personally, but professionally, thanks to her. Andl
mean, I'm -- the project works the way it is with the zoning and everything. So, really, there's -
-the only condition here that it is a private drive. And with all the things that Lucia stated, it
should be very easy to have the private drive managed very easy. So I just -- you know, I want to
say that this is a very, very wonderful project and we'll appreciate it if you give it positive
consideration.
Vice Chair Spence -Jones: Thankyou.
Ms. Dougherty: Madam Chair, Jason Gordon has just arrived. He is the lawyer that I proffered
to you not -- as basically an expert in the RLUIPA area, not for any purposes other than to kind
of educate all of us about what the federal law requires.
Vice Chair Spence -Jones: No problem. Thank you.
Jason Gordon: Good morning. I appreciate your patience in my driving down here. I thought
I'd be going later this afternoon. So I appreciate your waiting. As Lucia indicated --
Vice Chair Spence -Jones: Your name and address for the record.
Mr. Gordon: Sure. My name is Jason Gordon. The address is 200 East Las Olas Boulevard,
Suite 1700, in Fort Lauderdale. I'm one of the attorneys who represented the Hollywood
Community Synagogue and currently represents Chabad of Nova in its case against Cooper City.
So my interest here today -- and I'd like to make very clear upfront -- is I'm not here threatening
the City with a lawsuit by any means. I would just like to give some information to the City to
consider from what we've seen as to issues of RLUIPA and First Amendment with regards to this
proposed use. The -- my understanding, at least, is one of the main concerns here with the uses,
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parking, issues of ingress and egress to the property, and those are valid concerns. Those are
concerns that have to be addressed and dealt with. And from the perspective of neighbors, those
concerns have to be addressed as well. Where my interest lies as far as RLUIPA is whether that
is sufficient justification for denying the use. And essentially, as a basic summary, what RLUIPA
provides is not that religious assembly is treated on greater terms or as -- at a higher level than
other uses. It has to be treated equally. That's what RLUIPA provides. Religious assembly has
to be treated on terms that are not unequal with nonreligious assembly, and that's what it
provides. Government cannot propose -- or impose a substantial burden on religious assembly,
and there's various definitions of that. But at the end of the day, what is the most important
concern from an RLUIPA perspective is the standard by which whatever interest that this City is
going to apply to this use is going to be judged which is, is it compelling? Is it of the highest
order? Andl can tell you, based on our experience, issues of parking, issues of ingress and
egress, traffic safety, anything of that sort, according to the courts of our federal system, do not
view that as compelling. What you need to do in considering this use -- andl urge you to do and
learn from, hopefully, the mistakes of Hollywood -- is the next part of that test, which is use the
least restrictive means possible. Saying that this use cannot be there in any form whatsoever is
not going to comply with that test. There are ways to address issues of parking. There are ways
to address whatever the concerns are, andl would urge you to do whatever you can to find a
way to address those concerns short of an outright denial of this use. My understanding is -- and
that might be the map that was presented but there are other uses within about a mile of this
proposed use; there're other schools; there're other religious assemblies. I think heard a
chabad got approved within the last week to be there. When you have these other similar uses,
you have to treat this one on the same terms, and those are things that have to be considered.
Why is it one would be allowed and another one would not? And those are things that you do
need to consider. There are also, obviously, First Amendment concerns here with an entity that
is entitled to that type of protection and the criteria or terms that this Commission would use to
determine whether they can be there or not. But at the end of the day, an outright denial simply
based on parking or any of these other issues may pose some concerns with regards to RLUIPA
and may pose some First Amendment concerns. So I would urge you to find any way possible,
work with the neighbors, work with anyone you can here to try and make it work. I assure you, I
do not want to sue your city. It's the last thing want to do. We tried to work with Cooper City
before that lawsuit occurred. We met with city officials. We explained the issues. We asked
them to consider changing their code; they chose not to. We were left no choice. I would ask
you to do what you can to not be in that position. If you have any questions, be happy to take
them.
Vice Chair Spence -Jones: Thank you. So we've gotten all the comments from the public; I'd like
to bring it back to the Commission. Commissioner Sarnoff.
Commissioner Sarnoff.. Yeah. To my fellow Commissioners, RLUIPA is the Religious Land Use
and Institutional Persons Act of 2000. It's found at 42 U.S.C. (United States Constitution)
Section 2000cc, et seq. What that means, essentially, is that it's there to protect individuals,
houses of worship, and other religious institutions from discrimination and zoning and
land -making -- marking laws. Obviously, Congress found this as an act that was necessary to
keep the very core of our religious freedom intact to allow religious assemblies and not -- and
assemblies that cannot function without physical space adequate to their needs and consistent
with their theological requirements. Essentially, what we have to do is find a set of
circumstances and treat this institution, this religious institution as we would any other religious
institution. I believe under our Code, under a special exception, we must find a way to allow
them to exist. Essentially, we can only deny the appeal unless we can find no way for them to
exist. So if we can set a set of circumstances under which they can exist, then I think we will
have subscribed to RLUIPA andl think we will have met the City ofMiami Charter as well. So
what I propose is a condition that there be no outside parking -- no parking outside of the nine
spaces; that they monitor this with an outside monitor once they reach nine people in their
facility. I was going to say on the date that they have the worship, but you know what, when you
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have nine people in your facility, it is your job to have an outside monitor. So once you get to
nine, you should monitor it. I was going to make a recommendation that Lucia Dougherty attend
four of these sessions 'cause I think it might do her good, but -- 'cause I know she's conflicted --
no, not conflicted, but angry, so I thought that anger management may work a little bit there for
you. But I think those are the criteria that we should set. I think the parking monitor is a fair
issue. I'd like to bring this back to us in one year 'cause I'd like to know how this is working out.
If you don't have a monitor out there and you are found to have nine or ten or twelve people in
there, I will consider that to be a violation of the special exception. Reggie, I remember walking
when I was campaigning the first time andl remember meeting a man that had to be 65 pounds
lighter than what you are. I always thought it was our meeting that cured you, but I -- now I find
out it was Master Tsai. Andl want to just acknowledge Reggie, and I've known him for quite a
while. So with that criteria, I'll make a motion to grant the appeal, subject to those conditions.
Vice Chair Spence -Jones: We have a motion.
Commissioner Gonzalez: I'll second the motion, as amended.
Vice Chair Spence -Jones: All in favor?
The Commission (Collectively): Aye.
Vice Chair Spence -Jones: This item passes. Okay. Thank you very much.
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MAYOR AND COMMISSIONER'S ITEMS
CITYWIDE
HONORABLE MAYOR MANUEL A. DIAZ
DISTRICT 1
COMMISSIONER ANGEL GONZALEZ
DISTRICT 2
COMMISSIONER MARC DAVID SARNOFF
DISTRICT 3
CHAIR JOE SANCHEZ
DISTRICT 4
COMMISSIONER TOMAS REGALADO
D4.1 08-00302 DISCUSSION ITEM
DISCUSSION CONCERNING THE FUNDING SHORTFALL FOR ACTION
COMMUNITY CENTER INC.
08-00302 Memo.pdf
NO ACTION TAKEN
D4.2 08-00313 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
WAIVER OF ALL FEES FOR THE USE OF SHENANDOAH PARK ON MAY
17, 2008 THROUGH MAY 18, 2008, FOR THE AMERICAN CANCER
SOCIETY'S RELAY FOR LIFE EVENT; FURTHER AUTHORIZING THE USE
OF THE CITY OF MIAMI'S SNOWMOBILE FOR SAID EVENT.
08-00313 Legislation.pdf
Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Spence -Jones
Absent: 2 - Commissioner Sanchez and Regalado
R-08-0176
Vice Chair Spence -Jones: We are actually -- I think we are actually finished.
Commissioner Gonzalez: Finished.
Vice Chair Spence -Jones: We only have our blue page items left. Is Commissioner Regalado
already gone for the day? I mean, he'll be back? So I'm assuming, let's say, 2: 30 -- 2 o'clock --
2:30, we'll return back for lunch.
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Commissioner Gonzalez: We're coming back for blue pages?
Vice Chair Spence -Jones: Well --
Priscilla A. Thompson (City Clerk): I'm sorry, Chair. Can I get clarification? I didn't hear
exactly what you were saying.
Vice Chair Spence -Jones: Well, hopefully, the Chair will come out in a second, but --
Commissioner Sarnoff. We're coming back for blue pages? Who's got blue pages?
Vice Chair Spence -Jones: Yes.
Commissioner Gonzalez: The Chairman is here, isn't he?
Vice Chair Spence -Jones: If the Chairman's somewhere in the building, that would be awesome
for him to come. I don't have a problem with us taking up the blue pages at the next meeting, but
Commissioner Sarnoff. There's only one -- district Commissioner 4 --
Vice Chair Spence -Jones: I know.
Commissioner Sarnoff. -- has blue pages.
Vice Chair Spence -Jones: So --
Commissioner Gonzalez: I believe the only Commissioner that has blue pages is Commissioner
Regalado, right?
Commissioner Sarnoff. Right.
Vice Chair Spence -Jones: Regalado. So would you like not -- would you -- I'm going to ask the
Board, would you like to rather -- would you rather just bring these items back at the next City
Commission meeting?
Commissioner Sarnoff. I'll make that motion.
Vice Chair Spence -Jones: Okay. So I have a motion to bring these three items back by
Commissioner Sarnofffor the next meeting. Are you okay with that, Commissioner --
Commissioner Gonzalez: Wait, wait, wait.
Vice Chair Spence -Jones: -- Gonzalez?
Commissioner Gonzalez: Commissioner Regalado has a resolution here, which is D4.2, which I
think is the only one that actually might be important.
Commissioner Sarnoff. I'll move it.
Vice Chair Spence -Jones: You move what?
Commissioner Gonzalez: Huh?
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Meeting Minutes March 27, 2008
Commissioner Sarnoff. I'll move his D4.2.
Commissioner Gonzalez: Okay. I'll second it.
Vice Chair Spence -Jones: Okay. All in favor?
The Commission (Collectively): Aye.
Vice Chair Spence -Jones: All right. This item passes, so we will see you at the next City
Commission meeting. This meeting is officially --
Commissioner Sarnoff. Wait, wait.
Unidentified Speaker: Here comes Sanchez now.
Vice Chair Spence -Jones: Okay. All right. Here's Sanchez. Mr. Chairman --
Chair Sanchez: What do we got?
Vice Chair Spence -Jones: -- I think everyone wants to --
Commissioner Sarnoff. We're up to blue pages.
Vice Chair Spence -Jones: -- close for the day.
Commissioner Sarnoff. We're up to blue pages, and we have D2 -- D4.2 was just moved and
agreed to.
Chair Sanchez: All right. So there's only one blue page remaining?
Vice Chair Spence -Jones: There's only one blue -- yes.
Chair Sanchez: All right. So we could table it to the next regular meeting.
D4.3 08-00342 DISCUSSION ITEM
DISCUSSION CONCERNING A PROPOSAL FOR A CAMPAIGN TO
DISSEMINATE INFORMATION ABOUT MIAMI 21.
08-00342 Memo.pdf
NO ACTION TAKEN
DISTRICT 5
VICE CHAIR MICHELLE SPENCE-JONES
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Meeting Minutes March 27, 2008
NON -AGENDA ITEMS
NA.1 08-00396
DISCUSSION ITEM
BRIEF DISCUSSION REGARDING A RESOLUTION OF CONDOLENCE FOR
THE FAMILY OF THE LATE ISRAEL "CACHAO" LOPEZ.
DISCUSSED
Direction by Chair Sanchez to the City Clerk to prepare a Resolution of Condolence for the
family of the late Israel "Cachao"Lopez.
Chair Sanchez: The meeting was properly advertised. The order of the day is the agenda.
Before we go into the invocation, I'd like to pass this on to you. Israel Lopez "Cachao" passed
away. He passed away on this good Thursday. Cachao, a true Cuban gentleman, was the
founding father ofAfro-American music, creator of the Mambo; as I stated before, passed away
this good Thursday. Our deepest condolence to his family and friends and his fans. We would
like to ask the City Clerk to prepare a resolution of condolence or the proper document signed
by all the Commissioners. I would like for you to join us in a moment of silence in honor of
Israel "Cachao" Lopez. If you would rise, and we would have a moment of silence -- please bow
your heads in a moment of silence. Thank you. Farewell, Maestro. Your music will live on.
A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was
passed unanimously, with Commissioner Reglado absent, to adjourn today's meeting.
Chair Sanchez: Is there a motion to adjourn?
Commissioner Sarnoff. Move -- so moved.
Commissioner Gonzalez: Motion to adjourn.
Chair Sanchez: There's a motion and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition -- Ladies and gentlemen, thank you so much.
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