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HomeMy WebLinkAboutCC 2008-04-24 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com IRATE 11e [ ,, IV Meeting Minutes Thursday, April 24, 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 April 24, 2008 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA FR - FIRST READING ORDINANCES RE - RESOLUTIONS DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. 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 24th day ofApril 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 9:11 a.m., recessed at 11:38 a.m., reconvened at 2:47 p.m., recessed at 2:48 p.m. to convene an attorney -client session, reconvened at 3: 00 p.m. to convene the regular Commission meeting, recessed at 5: 20 p.m., reconvened at 5: 37 p.m., and adjourned at 6: 20 p.m. Note for the Record: Vice Chair Spence -Jones entered the Commission chambers at 9:12 a.m. Note for the Record: Commissioner Gonzalez entered the Commission chambers at 2:48 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk City ofMiami Page 2 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 PRESENTATIONS AND PROCLAMATIONS PR.1 08-00503 CEREMONIAL ITEM MAYORAL VETOES Honoree Presenter Protocol Item Gaurav Sen Commissioner Sarnoff Certificate of Appreciation PRESENTED Commissioner Sarnoff presented a Certificate ofAppreciation to Gaurav Sen for his outstanding and valuable two-year honorary service as a student/member of the Community Relations Board; further recognizing his many accomplishments in school as well as in the community (member of the United States Coast Guard JROTC, president ofMastAcademy Social Studies Honor Society, president of the National Society, founder and president of Equal Access Democrat Club, Tutoring Chief for 5,000 Role Models of Excellence Club, member of the Future Educators ofAmerica, member of the Varsity Crew Team, serves as the Children's Trust Advisory Community Youth Advisor; academic honors including semi-finalist of the National Merit Scholarship, school nominee for the Sunshine State Scholarship Program for excellence in Math and Science, Non -Commissioner Officers Association, Junior ROTC award for excellence, the Greynolds College Book Award, top English student, achieved fourth place at the International Boston Invitational Model UN Conference, outstanding student awards in AAP and honors Chemistry, Precalculus, and Spanish II). Commissioner Sarnoff Mr. Chair -- is Gaurav Sen here? There you go, Gauray. Okay. Presentation made. NO MAYORAL VETOES Chair Sanchez: All right. For the record, there are no mayoral vetoes. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: All right. So we need a motion to approve the minutes -- Commissioner Gonzalez: Move it. Chair Sanchez: -- of Planning and Zoning -- Commissioner Sarnoff Second. Chair Sanchez: -- March 27, 208 [sic]. There's a motion by Commissioner Gonzalez, second by Commissioner Sarnoff. 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. City ofMiami Page 3 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 ORDER OF THE DAY Chair Sanchez: The order of the day today is the agenda. The agenda has been properly advertised. We'll go ahead and start with the invocation. Tomas Regalado will lead us into prayer, followed by the pledge of allegiance, Commissioner Gonzalez. Invocation and pledge of allegiance delivered. "[Later...]" Chair Sanchez: Just want to make a couple of announcements. One is that we do have the Mayor's City address today at 12; we will be in recess probably about 12: 30 because there's going to be transportation over to the Freedom Tower for all those that want to attend. When we get back, we have scheduled with us also an executive session, which we don't know exactly the time; but I've been advised by the attorney that the announcement has to be made before the meeting, not now, just to state on the record that we do have an executive session today, and it'll probably be when we get back. It'll probably last about 30 minutes to an hour, hopefully, and then we'll come back and try to finish the agenda, the City agenda. City ofMiami Page 4 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 CONSENT AGENDA CA.1 08-00328 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO Public Works OBJECTION TO MIAMI-DADE COUNTY RESOLUTION NO. 1347-07, ADOPTED DECEMBER 4, 2007, CODESIGNATING NORTHWEST 59TH AVENUE FROM WEST FLAGLER STREET (A STATE ROAD) TO NORTHWEST 7TH STREET (A COUNTY ROAD), MIAMI, FLORIDA, AS "RAMON AND POLITA GRAU ALSINA AVENUE;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 08-00328 Legislation.pdf 08-00328 Summary Form.pdf 08-00328 Letter.pdf 08-00328 Memo.pdf 08-00328 State Letter.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0215 CA.2 08-00329 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO Public Works OBJECTION TO MIAMI-DADE COUNTY RESOLUTION NO. 767-07, ADOPTED JUNE 20, 2006, CODESIGNATING NORTHWEST 17TH AVENUE (A COUNTY ROAD) FROM NORTHWEST 62ND STREET (A COUNTY ROAD) TO NORTHWEST 95TH STREET (OUTSIDE CITY LIMITS), MIAMI, FLORIDA, AS "REVEREND DR. GEORGE E. MCRAE AVENUE;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 08-00329 Legislation.pdf 08-00329 Summary Form.pdf 08-00329 Letter.pdf 08-00329 Memo.pdf 08-00329 State Letter.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0216 CA.3 08-00386 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Public Works NORTHWEST 14TH STREET FROM NORTHWEST 27TH AVENUE TO NORTHWEST 32ND AVENUE, MIAMI, FLORIDA, AS "ELOY RODRIGUEZ WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE City ofMiami Page 5 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 08-00386 Legislation.pdf 08-00386 Summary Form.pdf 08-00386 Codesignation Application.pdf 08-00386 Master Report.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0217 CA.4 08-00387 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING Police FUNDING OF CRIME STOPPERS OF MIAMI-DADE COUNTY INC., IN AN AMOUNT NOT TO EXCEED $10,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NO. 1169, PROJECT NO. 19-690001, ACCOUNT CODE NO. 125000.191602.883000.0000, WITH SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 08-00387 Legislation.pdf 08-00387 Summary Form.pdf 08-00387 Affidavit.pdf 08-00387 Certification.pdf 08-00387 Picture.pdf 08-00387 Request for Funding.pdf 08-00387-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0218 CA.5 08-00388 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Purchasing RECEIVED MARCH 12, 2008, PURSUANT TO INVITATION FOR BID NO. 77051,2, FROM NATIONAL LIFT TRUCK SERVICE, INC. AND FLORIDA KEYS LIFT TRUCK INDUSTRIES, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, FOR THE PROVISION OF FORKLIFTS AND OTHER HYDRAULIC LIFTS MAINTENANCE AND REPAIRS, 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. City ofMiami Page 6 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 08-00388 Legislation.pdf 08-00388 Summary Form.pdf 08-00388 Award Recommendation.pdf 08-00388 Award Sheet.pdf 08-00388 Tabulation Sheet.pdf 08-00388 Addendum.pdf 08-00388 Invitation for Bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0219 CA.6 08-00389 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Purchasing RECEIVED FEBRUARY 11, 2008, PURSUANT TO INVITATION FOR BID NO. 70037, FROM CUSTOM QUALITY FRAMING, INC. AND I'VE BEEN FRAMED, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, FOR THE PROVISION OF FRAMING OF PROTOCOL DOCUMENTS, PICTURES, CERTIFICATES AND OTHER OFFICIAL DOCUMENTS, 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. 08-00389 Legislation.pdf 08-00389 Summary Form.pdf 08-00389 Award Recommendation.pdf 08-00389 Award of Bid.pdf 08-00389 Tabulation of Bid.pdf 08-00389 Invitation for Bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0220 CA.7 08-00390 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID RECEIVED FEBRUARY 12, 2008, PURSUANT TO INVITATION FOR BIDS NO. 07-08-008, FROM FLORIDA LAWN SERVICES, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "CORAL WAY MEDIAN LANDSCAPING PROJECT, M-0005," IN AN ANNUAL AMOUNT NOT TO EXCEED $256,042, TOTAL BID, AS STATED ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS PROJECT FACT SHEET, ATTACHED AND INCORPORATED, FOR A ONE-YEAR TERM PERIOD, WITH THE OPTION TO RENEW FOR UP TO FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING SAID FUNDS, FROM PUBLIC WORKS GENERAL ACCOUNT NO. 00001.202000.534000.0.0; City ofMiami Page 7 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT; FURTHER AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID OPTIONS TO RENEW, SUBJECT TO THE AVAILABILITY OF FUNDING AND CONTRACTOR'S PERFORMANCE. 08-00390 Legislation.pdf 08-00390 Exhibit 1.pdf 08-00390 Exhibit 2.pdf 08-00390 Exhibit 3.pdf 08-00390 Exhibit 4.pdf 08-00390 Exhibit 5.pdf 08-00390 Summary Form.pdf 08-00390 Equipment List.pdf 08-00390 Proposal Bid Form.pdf 08-00390 Scope of Work.pdf 08-00390 Tax Reciept.pdf 08-00390 Tax Reciept 2.pdf CONTINUED A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to continue item CA.7. Chair Sanchez: All right. CA.7I pulled for discussion, Mr. City Manager. We're pulling this item because of poor performance from the previous service provider to the City. This is the Coral Way beautification project landscaping on Coral Way. That project -- how much was the total construction cost for that project on Coral Way? Stephanie Grindell (Director, Public Works): You're talking about the original construction, not the -- Pedro G. Hernandez (City Manager): The original. Ms. Grindell: -- maintenance? Chair Sanchez: The original construction, yes. Ms. Grindell: Okay. Ola Aluko (Director, Capital Improvements Program): Commissioner, I am getting that information for you as we speak, the total construction cost. Chair Sanchez: Well, I requested that information yesterday and I have not gotten it; so therefore, I'm going to be asking that this item be continued to the next Commission meeting. Mr. Aluko: Commissioner, we should have that item -- Commissioner Gonzalez: Motion to continue. Chair Sanchez: I have a lot of questions. Is there a second? Commissioner Gonzalez: Motion -- Commissioner Regalado: Can I --? Commissioner Gonzalez: -- to continue. City ofMiami Page 8 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Chair Sanchez: There's a motion to continue. Is there a second? Then we could open it for the purpose of discussion. Is there a second? Commissioner Regalado: I'll second it. Chair Sanchez: Second for the purpose of discussion on item CA. 7. You're recognized, Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. I think that the reason that this is here is, like you said, the poor performance of the other vendor. IfI remember well, the lighting and the landscaping of -- from 12th to 37th Avenue was like $800, 000, something like that. That is a vague thing. I remember that we had very different issues with the lighting and the lighting has to be changed. Now, what is happening now is that every night there are several blocks that do not have lights. Chair Sanchez: Now -- excuse me, Commissioner. The item is for continuing the item, not to discuss the problems. There are many problems with the project, and there are many -- the concerns that I have are with the prices. This is a contract for $256, 000 annually with options for four more years, and you're talking about -- I have serious concerns with some of the costs on this, especially with -- just alone in March that we give out -- you know, the City gives it out for free at Virginia Key. But the issue is to defer the item because I have not gotten the proper information that I have requested on this from them. I mean, we could discuss it -- Commissioner Regalado: And -- Chair Sanchez: -- the item if you want to approve it today. I'm not going to vote for it. Commissioner Regalado: No, no, no, no. And I agree that you need to be informed. The only thing that I would like the Manager and Stephanie to do, regardless of this contract, if they can get someone who knows to fix the lights. That's the only thing. Because, actually, the workers from NET (Neighborhood Enhancement Team), sometimes they clean the median and they do a very good job at it, and they sort of pick up the leaves on the curbs and especially on the storm sewers, which clogs the storm sewers. You know, the trees from Coral Way create many, many leaves. So the only thing I'm asking, if it's possible, not about this contract, but if you can get someone who would take care of the lighting. Last week, twice I counted like from 12th to 37th, like 10 blocks that were off. And it seems that when one light goes off in one block, the whole block goes off and it really looks very awkward to see one lighting not light, you know, so that's all I'm asking. I mean, I don't have a problem with deferring the confract, but if you can get someone to fix the lighting, it's -- I think that would be fine. Chair Sanchez: And the issue -- you brought it out yourself -- NET should not be cleaning up the median when you're paying this company $70,992. That's 200 -- $2,958 every two weeks just for mowing, weeding, trimming, mulching, et cetera; so that's -- Mr. Hernandez: Mr. Chairman, ifI may. Commissioners, the reason that we're having this contract on the agenda is because the prior provider, the company that was providing the maintenance failed in their performance and we had to let them go; and in the interim, we're using City forces to continue the maintenance of the landscaping component. Our forces are not able to actually maintain the lighting, so my direction here will be to have some contractor to help us in repairing the lighting as soon as possible, independent of this confract. But this contract, in essence, is needed to be able to provide the maintenance to the landscaping and the lighting going forward. We have, in a stopgap way, been doing it with our own forces; but we haven't been able to do the lighting. I'm going to go ahead and, on an emergency basis, get somebody else to come in and get the lights back in a working condition. But the -- we haven't City ofMiami Page 9 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 been spending, let's say, money or paying a contractor -- Ms. Grindell: Since December. Mr. Hernandez: -- we have been doing it ourselves. Chair Sanchez: But let me just ask you a simple question, all right. Don't we have performance guarantee compliance with these service providers? In other words, if they're not performing how they should be, I mean, we need -- these are tax dollars. We need to protect these tax dollars. If they're not performing the way they should, these companies have to have liability. I mean, if you're not performing the way you're -- what you need to be doing -- Ms. Grindell: Stephanie Grindell, director of Public Works. The issue here is that the previous provider did such a poor job that we fired them. That -- and that's the recourse that we have. We terminated their confract in December for nonperformance and issued a new confract. We were not able to issue the new confract until their contract was terminated. In the interim, since December, between NET and Public Works operations, we've been maintaining the landscaping, but we don't have the expertise -- Chair Sanchez: All right. Ms. Grindell: -- to do lighting. Chair Sanchez: Listen, I'm going to ask that -- Ms. Grindell: This is a new contractor. Chair Sanchez: -- so -- listen. Commissioner Sarnoff Can I say something, Mr. Chair? Chair Sanchez: Well, I'm going to request that the item be continued. Yes, sir. You're recognized for the record. Commissioner Sarnoff I think the Commi -- the Chairman was asking do you require a performance bond. Ms. Grindell: Honestly, I'll have to check; I don't recall. Chair Sanchez: No. Mr. Hernandez: Normally, we -- Commissioner Sarnoff I don't think we do. Chair Sanchez: And they should be held responsible. They should provide, you know. You know, they have to have liability for their performance. If they're not performing the way they're -- look, we just spent "X" -- I guarantee you, when that project comes back, not only the project, but the maintenance that we have been spending on, you know what, you're better off taking that money -- in the situation that we're in in this community -- and giving people an opportunity to get a job. We don't have to hire them as City employees, but get people -- because you know what? They're putting the NET to go out there and clean -- Ms. Grindell: I agree. City ofMiami Page 10 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Chair Sanchez: The NET is not responsible for that. I have plenty of other things in my district and other districts where the NET should be focusing on, not walking through the middle of Coral Way picking up trash, like I see 'em; and that's a great concern that I have with this. You're looking at this; you're talking about $256, 000 for just a strip little median, and not to mention 50 replaced palm frees. Show me a palm free on Coral Way. Fifty replaced palm trees. I went out there and I drove it. Commissioner, that's your district; you should know it better than I do. Do you see palm trees out there? So I have serious concerns with this, serious concerns; and therefore, I am respectfully requesting that this item be continued so we could sit down and I could get answers 'cause I'm not getting answers. I'm getting -- Commissioner, you're recognized. Commissioner Gonzalez: I just have one comment and one question for whenever this is coming back. My question is the same question that Commissioner Sarnoff asked, what about a performance bond? Because every time we do any type of business with any other company, we require a performance bond. Did we have one in this case? I don't know. Second, don't we have any company in the City ofMiami that does lawn maintenance? Do we have to go to the County to find somebody? Ms. Grindell: This was bid out through our normal process. We received three bids and -- Commissioner Gonzalez: Yeah, but you know what, I think that we're having a serious problem here on reaching out to the Hispanic community and the Afro-American community. There is a serious problem of communication and letting these two community [sic] knows [sic] of different opportunities to do business with the City ofMiami and work for the City ofMiami because it's -- you know, every time that we have a bid out, we get people from the County, we'll get people from Washington, New York, Massachusetts, but none from the City ofMiami. And I don't know how many businesses we have within the City ofMiami limit thatpay our taxes, thatpay our licenses, that -- you know, that contribute to finances of this City, and they don't have the opportunity to participate and do business with the City. So we're having a serious problem. I don't know what the problem is, but we're having a serious problem; and we need to find out. It's not the first time that you hear me talk about this. It's every Commission meeting, the same issue, and the same issue, and the same issue, and the same issue. Chair Sanchez: Vice Chair, you're recognized for the record. Vice Chair Spence -Jones: Yes, Mr. Chairman. I think that just adding onto Commissioner Gonzalez, I think that, from the perspective of information or outreach on getting local providers or businesses, has become an issue; and I don't think, necessarily, it's coming from perhaps Procurement. I think we need to also look at other avenues to promote -- the nontraditional ways to, you know, promote the fact that these bids are available. In some cases, Miami Herald does not work for our communities. In some cases, certain publications just don't work for our -- other methods work for our communities. So I think that that's probably one of the things that we need to look at. Commissioner Gonzalez: If you allow me to interrupt you for a minute, I think that's one of the biggest problems. Not everybody read the Miami Herald in this town, okay; only a few people read the Miami Herald in this town. And we have Hispanic newspapers, and we have Hispanic media, radio, TV (Television), where we could advertise. But, you know, your assumption is that everybody in this town lives by the Miami Herald and reads the Miami Herald, and that is not a true fact. Ms. Grindell: Commissioner, this -- these items -- this tiem is advertised more than just the Miami Herald. It's advertised in -- Commissioner Gonzalez: Well, let me see -- City ofMiami Page 11 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Ms. Grindell: -- four different publications. Commissioner Gonzalez: -- it advertised in a Hispanic publication. I would like to see it. Ms. Grindell: The one that's in Spanish is in El Herald. Commissioner Gonzalez: I would like to see it. Vice Chair Spence -Jones: But I think -- Ms. Grindell: There's also in the New Times -- Vice Chair Spence -Jones: Yeah. Ms. Grindell: -- and a few others. Vice Chair Spence -Jones: -- I just -- and I don't want to go back and forth on this. I just think the point really is we probably need to look at some nontraditional ways because Commissioner Gonzalez is correct. You know, $250, 000 for a small lawn -- I mean, for a lawn care company in either one of our districts, you know, would love to have this contract. So I just think that it's not -- I don't really see that it's a procurement issue; I think that we need to start looking at who we advertise with. We need -- maybe need to open up, you know, our papers or our other methods. I think -- you know, I know at least in the Haitian community, Haitian radio is the thing. If you're going to do anything, you've got to do it on Haitian radio; and I'm sure in certain cases in the Hispanic community, that's the same thing for the Hispanic community. We can't solve the problem right now, but I do think that that's something that we need to consider because in these times with this economy, there's no way in the world you can convince me that these companies would not be taking -- would not be bidding for some of these jobs, so I'm not really making you responsible, Stephanie. I'm just -- Ms. Grindell: No. I understand. Vice Chair Spence -Jones: -- making a comment to really the Manager -- City Manager. We need to look at alternative ways to promote to our communities to make sure that we get just a vast number of our businesses in the community bidding for these projects, so we may need to just look at how we're promoting to get the word out. Ms. Grindell: Point taken. Chair Sanchez: All right. Need a motion to continue. Mr. Hernandez: Mr. Chairman, ifI may. Chair Sanchez: Need a motion. Mr. Hernandez: Just -- Commissioner Gonzalez: I already made a motion to continue. Chair Sanchez: There's a motion to continue; there's a second. Need a second. Commissioner Sarnoff He second it. Commissioner Regalado: I already second it. City ofMiami Page 12 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Chair Sanchez: Commissioner Regalado second it. No discussion on the item. CA.7 has been continued. Mr. Hernandez: What I was going to say, Mr. Chairman, is that we, today, advertise the projects on the Diario de las Americas, Miami Times, and the Daily Business Review; but we'll be more than glad to look at other opportunities to be able to have better community outreach in the Hispanic and Afro-American community. Vice Chair Spence -Jones: Okay. CA.8 08-00391 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Public Works RECEIVED MARCH 5, 2008, PURSUANT TO INVITATION FOR BIDS NO. 76043, FROM ADVANCE CONCRETE TECHNOLOGIES, INC., FOR THE PROVISION OF AGGREGATES FOR ONSITE MOBILE MIXER, ON AN AS -NEEDED, CONTRACTUAL BASIS, FOR AN INITIAL PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 08-00391 Legislation.pdf 08-00391 Summary Form.pdf 08-00391 Award Recommendation.pdf 08-00391 Tabulation of Bids.pdf 08-00391 Sourcing.pdf 08-00391 Invitation for Bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0221 CA.9 08-00397 RESOLUTION District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING FEES Commissioner ASSOCIATED WITH THE JAM FEST EVENT SPONSORED BY THE RICKIA Marc David Sarnoff ISAAC FOUNDATION, INC., HELD AT BAYFRONT PARK FEBRUARY 24, 2008, IN THE AMOUNT OF $2,423, FOR THE POLICE SERVICE COSTS, AND IN THE AMOUNT OF $1,398, FOR THE FIRE -RESCUE COSTS, FOR A TOTAL AMOUNT OF $3,821; ALLOCATING SAID FUNDS, FROM THE OPERATING BUDGETS OF THE DEPARTMENTS OF POLICE AND FIRE -RESCUE. 08-00397 Legislation.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-08-0224 City ofMiami Page 13 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Chair Sanchez: All right. CA.9 was another item thatl asked to be pulled for discussion. First off there is zero background information on this item. This item basically asking for a waiver of $3,821 from the City services pertaining to Fire and Police, I believe. Commissioner Sarnoff Yeah. Chair Sanchez: It comes out of the Bayfront Park Trust, and I just want to state that, as you are aware, Bayfront Park last year took a half -a -million cut; and I'm telling you that we need to be very careful how we start waiving these fees. Now, the issue here is that this was done after the fact, and I don't have a clear explanation -- was not able to get a clear explanation from the Adminisfration as to why it was done after the fact. Is it a waiver? Is it a refund? And so the Adminisfration was not able to clearly explain this to me, so -- Commissioner Sarnoff Well, if you'd like -- I mean, I'm the one that's the proponent of it, and it would be a refund. And it -- the reason I didn't -- I could not get it on the agenda prior to the event that was held there. It was an antiviolence event that was done at the park, and I think I learned of it a little too late in time to get the waiver done; so it would be a reimbursement. And I do understand your concern. And I don't come to this Commission very frequently -- although you'll see another one right below it -- asking for a waiver of fees, but that's for the American Cancer Society. Chair Sanchez: All right. Well, I just want to put on the table that we gotta be careful because then you do start -- set a presence [sic] from organizations that'll go out to the park, and when they can't pay their bill, they're going to be knocking on my door, as the rest of the other Commissioners' door, asking for waivers. Commissioner Sarnoff I do understand it. I appreciate the fact that -- Chair Sanchez: All right. Commissioner Sarnoff -- this is just like asking for money. And you know, I put it out to this Commission that this is -- this was an antiviolence campaign that's being waged, and it's certainly something that in the -- certainly up in northeast or the upper northwest. Predominantly, that's where the community was brought to the Bayfront Park for that particular issue. Chair Sanchez: All right. Is there a motion? Commissioner Sarnoff I'll move it. Chair Sanchez: There's a -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- motion by Commissioner Sarnoff, second by the Vice Chair. 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." CA.10 08-00440 RESOLUTION District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner WAIVER OF ALL FEES FOR THE USE OF PEACOCK PARK ON JUNE 21, Marc David Sarnoff 2008, FOR THE AMERICAN CANCER SOCIETY'S RELAY FOR LIFE EVENT; City ofMiami Page 14 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 FURTHER AUTHORIZING THE USE OF THE CITY OF MIAMI'S SHOWMOBILE FOR SAID EVENT. 08-00440 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0222 CA.11 08-00444 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSAL 55025,1, THAT THE TOP -RANKED FIRM, OPEN, INC., IS THE MOST QUALIFIED FIRM TO PROVIDE AN ELECTRONIC PATIENT CARE REPORTING SYSTEM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH OPEN, INC., FOR THE TERMS LISTED UNDER EACH RESPECTIVE AGREEMENT, AT AN INITIAL COST NOT TO EXCEED $350,000, WHICH INCLUDES THE IMPLEMENTATION OF AN ELECTRONIC PATIENT CARE REPORTING SYSTEM AND FIRST YEAR MAINTENANCE AT NO ADDITIONAL COST TO THE CITY OF MIAMI; ALLOCATING SAID FUNDS FROM THE URBAN AREA SECURITY INITIATIVE FISCAL YEAR 2005 GRANT, PTAEO NO. 18-180001-01.01-1261-EQUIP-181000; AUTHORIZING FOR FUTURE ANNUAL MAINTENANCE PAYMENTS AS DETERMINED BASED ON DISCOUNTS, WHENEVER APPLICABLE; ALLOCATING FUNDS FOR FUTURE YEAR FUNDING FROM VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY AND BUDGETARY APPROVAL AT THE TIME OF NEED. 08-00444 Legislation.pdf 08-00444 Exhibit.pdf 08-00444 Exhibit2.pdf 08-00444 Exhibit3.pdf 08-00444 Exhibit4.pdf 08-00444 Exhibit5.pdf 08-00444 Exhibit6.pdf 08-00444 Exhibit7.pdf 08-00444 Exhibit8.pdf 08-00444 Exhibit9.pdf 08-00444 Exhibitl0.pdf 08-00444 Exhibitl 1.pdf 08-00444 Exhibit12.pdf 08-00444 Exhibit13.pdf 08-00444 Exhibit14.pdf 08-00444 Exhibit15.pdf 08-00444 Exhibit16.pdf 08-00444 Exhibit17.pdf 08-00444 Exhibit18.pdf 08-00444 Summary Form.pdf City ofMiami Page 15 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0223 Adopted the Consent Agenda Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA Chair Sanchez: All right. Let's go to the consent agenda. Are there any items that Commissioners would want to pull for discussion on the consent agenda? Commissioner Gonzalez: I'll move the consent agenda. Chair Sanchez: All right. I would -- I have two items that I'd like to pull out; that's CA.7 and I believe CA.9 for discussion. Yes, CA.7 and CA.9 for the purpose of discussion. Anyone else wishing to pull any of the consent agendas [sic]? If not, there's a motion to approve the remaining consent agenda. Motion has been made by Commissioner Gonzalez -- Vice Chair Spence -Jones: Second. Commissioner Sarnoff Second. Chair Sanchez: -- second by Vice Chair Spence -Jones. Any discussion on the consent agenda? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City ofMiami Page 16 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 ORDINANCE - FIRST READING FR.1 08-00233 ORDINANCE Honorable Mayor Manny Diaz Votes: First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I/ SECTION 10-4, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "BUILDINGS/IN GENERAL/BUILDING PERMIT FEE SCHEDULE," MORE PARTICULARLY BY AMENDING SECTION 10-4(B)(4) TO ADD DEFINITIONS AND SECTIONS "G-J" TO ESTABLISH A MEANS OF PROVIDING EXPEDITED SERVICE FOR PLANS REVIEW FOR GREEN BUILDINGS THAT MEET THE UNITED STATES GREEN BUILDING COUNCIL STANDARDS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 08-00233 Legislation.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: All right. Any other items on the regular agenda that we could continue? Mr. City Manager? Pedro G. Hernandez (City Manager): No, sir. The other ones that we have are P&Z (Planning & Zoning) items, and I think that they are better addressed once we get to that part of the agenda. Chair Sanchez: Okay. All right. Okay, let's go ahead and let's take up -- Commissioner Gonzalez: FR.1. Chair Sanchez: -- FR.1. Commissioner Gonzalez: I'm make a motion to -- for FR.1. Chair Sanchez: All right. There's a motion. Well, listen, all ordinance [sic] on first reading, I would like for someone to come up and put something on the record, something brief. This is -- I believe this is a good ordinance. It's a green ordinance, butl want you to put something on the record so, you know, people at home that are watching know we're voting on it. It just doesn't look right, and I've seen it when you vote on an issue and you just don't know what you're voting on. Robert Ruano: Sure. Robert Ruano, director of Grants and Sustainable Initiatives. This is an ordinance expediting green buildings, green buildings being defied -- defined as LEED (Leadership in Energy and Environmental Design) certified buildings or LEED-regis -- actually, LEED-registered buildings. And then this ordinance will do is basically expedite these for the plans review process. Chair Sanchez: In other words, any building of more than 50,000 square feet -- that exceeds the $50, 000 [sic], you know -- Mr. Ruano: Correct. Chair Sanchez: -- that LEED silver requirements, the permits will be expedited. City ofMiami Page 17 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Mr. Ruano: Over 50,000 square feet that exceeds the requirements of LEED silver and under 50,000 square feet that's any LEED certification. Chair Sanchez: All right. There's a motion and a second. It is an ordinance on first reading. It will have a second reading. Madam Clerk, you're recognized for the record. Priscilla A. Thompson (City Clerk): I'm sorry, Chair, but I did not hear who seconded the motion. I didn't record that. Commissioner Sarnoff Second. Ms. Thompson: Thank you. Chair Sanchez: For the record, Commissioner Gonzalez motioned; it was second by Commissioner Sarnoff. All right, it is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. It is a ordinance on first reading; it will require a second reading. Seeing no one from the public, the public hearing is closed; coming back to the Commission for a discussion. Hearing no discussion on the item, Madam Attorney, read the ordinance into the record; followed by a role call by the Clerk. Julie O. Bru (City Attorney): Yes, Mr. Chairman. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chair Sanchez: All right. Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. City ofMiami Page 18 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 RESOLUTIONS RE.1 08-00406 RESOLUTION Honorable Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR Manny Diaz CHARLIE CRIST AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO OPPOSE THE PROPOSED REDUCTIONS IN FUNDING FOR THE SCHOOL READINESS GRANT PROGRAM TOTALING APPROXIMATELY $30,000,000, IN GENERAL REVENUE AND FEDERAL FUNDS, RESULTING IN THE ELIMINATION OF 1400-2200 SUBSIDIZED CHILD CARE SLOTS IN MIAMI-DADE COUNTY WHICH WOULD FURTHER PLACE UNDERSERVED FAMILIES AT HIGH RISK; URGING SAID OFFICIALS TO FIND ALTERNATIVE FUNDING SOURCES TO HELP OFFSET THE BUDGET SHORTFALLS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS AS STATED HEREIN. 08-00406 Legislation.pdf DEFERRED A motion was made by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, and was passed unanimously, to defer item RE.1 to the Commission meeting currently scheduled for May 8, 2008. Chair Sanchez: All right, that concludes the consent agenda. There was only one item, for the record, continue [sic] and that was CA.7. All right. Pedro G. Hernandez (City Manager): Mr. Chairman, if you allow me, I would like to defer RE.1 to the May 8 agenda. Chair Sanchez: Continue. Mr. Hernandez: Continued to the May 8. Chair Sanchez: OK. So for the record, we need a motion for RE.1 -- Commissioner Sarnoff So move. Chair Sanchez: -- to be continued. Vice Chair Spence -Jones: Second. Chair Sanchez: Motion has been made by Commissioner Sarnoff second by the Vice Chair. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right. The item has been continued. For the record, FR (First Reading) -- I'm sorry, RE.1 has been continued. RE.2 08-00398 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney EXPENDITURE OF ATTORNEY'S FEES AND COSTS, IN AN AMOUNT APPROVED BY THE CITY ATTORNEY, FOR THE ENGAGEMENT OF WEISS, SEROTA, HELFMAN, PASTORIZA, COLE & BONISKE, P.L., IN City ofMiami Page 19 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 CONNECTION WITH THE TRIAL LEVEL PROCEEDINGS ON REMAND IN THE CONSOLIDATED CLASS ACTION CASES OF SIDNEY S. WELLMAN, ET AL. VS. CITY OF MIAMI, CASE NO. 99-19523 CA 15, AND NADINE THEODORE VS. CITY OF MIAMI, CASE NO. 99-28417 CA 15; ALLOCATING FUNDS FROM FROM ACCOUNT NO. 05002.301001.545000.0000.00000. 08-00398 Legislation.pdf 08-00398 Cover Memo.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0225 Chair Sanchez: All right, RE.1 has been continued to May 8. We go to RE.2. It's a resolution. Julie O. Bru (City Attorney): Mr. Chairman, this is a resolution wherein I'm asking for authorization to expend attorneys' fees and costs in the case of Sidney Wellman versus City of Miami, case number 99-19523; and Nadine Theodore versus City ofMiami, case number 99-28417. These cases arise out of an ordinance that was enacted by the City that has now been determined to be unconstitutional by the Third DCA (District Court ofAppeals). The ordinance dealt with fines that were being imposed on individuals that were arrested for committing certain kinds of crimes and we would impound their vehicle. Through an administrative process, in order to get their vehicles back, they would have to pay some fines. And the courts determined that the standard of proof that the City was utilizing was unconstitutional and also found deficient the notice provisions that the City was employing. This could very well result in a frial to determine whether or not the fees have to be refunded. This is a class action. The exposure to the City could be in the millions based on the amount of fees that have been collected, so I am asking for the firm of Weiss Serota to be retained. Well, we are retaining the firm of Weiss Serota, and we would want the authority to spend money for fees and costs. We have negotiated a very discounted rate with Mr. Joe Serota of this firm, and we're recommending them. They did an excellent job for the City when they represented us in the parking surcharge class action lawsuit. Chair Sanchez: All right. It is a resolution coming from the Office of the City Attorney. Is there a motion? Commissioner Sarnoff So moved. Chair Sanchez: There's a motion -- Commissioner Gonzalez: Second. Chair Sanchez: -- by Commissioner Sarnoff, second by Commissioner Gonzalez. Any further 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. Madam Clerk, RE.2 passes. RE.3 08-00402 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 ROBIN City ofMiami Page 20 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 SAUNDERS, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $50,000, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI 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. 08-00402 Legislation.pdf 08-00402 Cover Memo.pdf 08-00402 Memo2.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0226 Chair Sanchez: RE.3. RE.3 is also coming to us from the Office of the City Attorney. It is a settlement, a workman's comp settlement. Julie O. Bru (City Attorney): This is a worker's compensation settlement and -- Chair Sanchez: Your mike is not on. Ms. Bru: Oh, I'm sorry. This seeks authorization to settle all claims related to this worker's compensation claim, in the amount of $50, 000. Commissioner Sarnoff So moved. Commissioner Regalado: Second. Commissioner Gonzalez: Second. Chair Sanchez: All right. There's a motion by Commissioner Sarnoff, second by Commissioner Regalado. Any discussion on the resolution? It is a resolution. No discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. RE.4 08-00418 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney EXPENDITURE OF ATTORNEYS' FEES AND COSTS, IN AN AMOUNT TO BE APPROVED BY THE CITY ATTORNEY, FOR CONTINUED ENGAGEMENT OF THE LAW FIRM OF GUNSTER, YOAKLEY AND STEWART, P.A., TO RENDER LEGAL SERVICES CONCERNING THE LEASE AND DEVELOPMENT OF WATSON ISLAND BY FLAGSTONE PROPERTIES, LLC AND ITS AFFILIATES; ALLOCATING FUNDS FROM THE GENERAL FUND NON -DEPARTMENTAL, PROFESSIONAL City ofMiami Page 21 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 SERVICES -LEGAL SERVICES ACCOUNT NO. 00001.980000.531010, FOR SAID SERVICES. 08-00418 Legislation.pdf 08-00418 Cover Memo.pdf INDEFINITELY DEFERRED A motion was made by Commissioner Gonzalez, seconded by Commissioner Sarnoff, and was passed unanimously, to indefinitely defer item RE.4. Direction by Commissioner Gonzalez to the City Manager to inform the City Commission some time next week if Flagstone Properties, LLC and its affiliates owe the City ofMiami refundable fees concerning the lease and development of Watson Island, as well as the terms and conditions under which said fees are to be refunded. Chair Sanchez: We go to RE.4. RE.4 is also a settlement. Julie O. Bru (City Attorney): RE.4 is also a resolution requesting authorization to -- Chair Sanchez: I apologize; it is not a settlement. Ms. Bru: Right. It's requesting authorization for the continued expenditure of fees and costs with respect to the engagement of the law firm of Gunster, Yoakley and Stewart. The City of Miami has retained this firm since 19 -- I mean, since 2002. This is for the Flagstone project that's being -- it's anticipated that will be developed at Watson Island. At this time there are several agreements that will be negotiated, including a subordination nondisturbance, and declarations of restrictions for which we have been utilizing some of the expertise at this firm. Chair Sanchez: OK. Commissioner Gonzalez: I have a question. Chair Sanchez: All right, but let's get either a motion -- Commissioner Gonzalez: I make a motion for discussion. Chair Sanchez: Okay. There's a motion for the purpose of discussion. Need a second. Commissioner Sarnoff Second. Chair Sanchez: Second for the purpose of discussion. It is a resolution. Commissioner Gonzalez, you're recognized for the purpose of discussion on this item. Commissioner Gonzalez: My question is how much more money do we have to spend to get this project done or started or whatever? I mean, $495, 000 in attorneys' fees? That is -- to me it's ridiculous. Ms. Bru: Commissioner -- Commissioner Gonzalez: I'm not an attorney and -- you know, I like attorneys, but don't like attorneys becoming millionaires at the expense of the City. Ms. Bru: --I -- this project predates me considerably, butl have been -- I've asked to be briefed on this, but do recall that some of these fees were supposed to be reimbursed by the developer in -- the attorneys' fees, and I'm having that question now asked of the attorney who's working on this; and I'll have an answer for you. So if you want to -- City ofMiami Page 22 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Commissioner Gonzalez: Okay. What I would like to do -- Ms. Bru: -- table this -- Commissioner Gonzalez: -- is to continue this until we get an answer and -- Chair Sanchez: All right. Commissioner Gonzalez: -- if we're going to -- Commissioner Sarnoff Mr. Chair -- Commissioner Gonzalez: -- be refunded, if -- you know. Commissioner Sarnoff -- I think the question we're all inevitably asking ourselves is what is the status of Flagstone? I think everybody up here expected to see, I'd say, a shovel in the ground, butt guess it would be a pail in the sand -- Commissioner Gonzalez: Yeah. Commissioner Sarnoff -- something going on out there. And if I'm not mistaken, I think August of '08 they are scheduled to have commenced, and are they going to commence? Are the banks going to provide them whatever they need, or are we just wasting our time and wasting our money in a company that doesn't have the wherewithal to perform under their, I guess, accepted RFP (Request for Proposals) ? And I know how I feel, and I think maybe it's not a bad idea to say this on the record. If we're going to spend any more money, I want to know now, are they coming in for extensions of time? Do they have the wherewithal to do this? And if they don't, there are a great many European companies that I think would love the opportunities to develop that area out there, and the only reason I bring up Europeans is simply because they seem to have more cash available than the Americans right now -- Commissioner Gonzalez: Oh, yeah. Commissioner Sarnoff -- and this is a big cash project, no doubt about it. But I don't see any use in us coming back and continuing to negotiate with outside counsel -- and I understand our need for it -- if the actual principal himself can't perform under the contract. Chair Sanchez: Those are -- Commissioner Gonzalez: Yeah. And that is one of my concerns, the financing of this project at this time; I don't know where it stands, and I have to agree with you 100 percent that, you know, European companies, they have all the money right now, you know. The exchange is $1.60 -- I mean -- yeah, a dollar -- Commissioner Sarnoff You're right. Commissioner Gonzalez: -- sixty -- Commissioner Sarnoff -- to the pound. Commissioner Gonzalez: -- per Euro, so, you know -- Chair Sanchez: These are -- City ofMiami Page 23 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Commissioner Regalado: Mr. Chairman. Chair Sanchez: -- valid concerns -- Commissioner Regalado: Mr. Chairman. Chair Sanchez: -- and valid questions. Mr. City Manager -- Commissioner Regalado: Chairman. Chair Sanchez: --I believe you wanted to address the issue. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, I did meet with the Flagstone group earlier this week. My understanding is that, yes, they've had problems in completing their financial package; and they are requesting from the City an extension. As Commissioner Sarnoff stated that our agreement to enter into a lease expires in August of this year, of '08, and we -- they're just submitting documentation to us to ask for an extension. I would have to bring an item to this City Commission in the month ofJune dealing with that matter. I think that it would be very important to have them present and for me to work with them in advance of the meeting and brief you on their present situation and then a decision can be made at that point in time. Chair Sanchez: Okay. Commissioner Sarnoff Mr. Manager, I think I'm speaking for some of the people up here, and I -- possibly for Commissioner Gonzalez. I want to see a letter of undertaking from a bank. Commissioner Gonzalez: Me, too. Commissioner Sarnoff I want to see some outside third party agreeing to a certain quantity of dollars before I give any kind of amendments. Chair Sanchez: All right. Commissioner Regalado. Commissioner Regalado: Madam City Attorney, what we I think also need is to understand the wording of the referendum because it's important. Seventy-six percent of the people voted for it because we sold to them that project. And I remember that it had money figures, and it had time lines; so we need to know the wording of the referendum so we can understand if they do deserve to have an extension, or if we go out different in a different way. But, you know, people still remember that they voted for it, you know, and they keep asking what is going on there. Thank you. Commissioner Gonzalez: I think that's a valid question, and maybe the question wasn't that the contract was given specifically to these people. Maybe it was that we do a project, whomever, you know, a project; so that's a very valid question. I'm glad that you asked for that information. Mr. Hernandez: Well also go ahead and research that question, and I'll brief every one of you in this matter before the actual extension request comes before you. The way it is now, based on my conversation with them earlier this week, they are planning to apply for a foundation permit in early, I think it's spring of '09, and foundation to start construction towards the -- towards August of '09. The marina could be starting probably towards the end of this year. But I'll provide you more detail on the project. Commissioner Gonzalez: Yeah, but I agree with Commissioner Sarnoff; I would also like to see a commitment from a bank or something because, you know, this is what happens here. If we City ofMiami Page 24 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 give any money -- a little bit of money to a not -for -profit to build affordable housing, we ask him for a performance bond, we ask him for a security, we ask him for a bank commitment, we ask -- you know, we ask so many things of these little people and then, when you deal with, you know, these big shots, hey, you know, it's an open house, whatever you want; you build whenever you want; you deliver whenever you want, you know. So you know, I just made my motion, and I second whatever Commissioner Sarnoff and Commissioner Regalado requested. I would like to have all that information before voting on spending not $100, 000; before voting to spend another five cents. Chair Sanchez: Vice Chair. Commissioner Gonzalez: All right? Vice Chair Spence -Jones: Yes. Madam City Attorney, I just -- just for the record, so that the folks from -- that are watching it at home have a clear understanding, you made -- you just made a statement that you just realized or got information that this is really a reimbursement of attor - Ms. Bru: No, no. I said, Vice Chair, that I believe that originally -- and this goes back a few years -- that some of these fees were supposed to be reimbursed by the developer. Vice Chair Spence -Jones: Right. Ms. Bru: Some of the attorneys' fees. I don't know whether there were additional fees, but -- I would like to have this item continued so that we can properly brief you on the status of the project and also whether or not there would be any assurances that we can obtain from the developer -- Vice Chair Spence -Jones: Yes. Ms. Bru: -- and also give you a statement of any fees that have been reimbursed. Vice Chair Spence -Jones: Okay. And I guess my question would be -- so I was correct on the issue. I -- just for the people watching it -- so, to your knowledge and your researching, this is perhaps a reimbursement for the fees that the developer was to pay? Ms. Bru: That was my understanding, that a portion -- Vice Chair Spence -Jones: And why -- Ms. Bru: -- of the fees. Vice Chair Spence -Jones: Okay. And why would we be paying their fees? Ms. Bru: That's -- Commissioner Gonzalez: (UNINTELLIGIBLE) would be advancing them money. Vice Chair Spence -Jones: I'm just ask -- I mean, I don't -- I'm just -- Ms. Bru: Yeah. Vice Chair Spence -Jones: -- not just for us sitting up here, but again, Commissioner Gonzalez said almost $500, 000 we're spending, and I know we could take 100, 000 each to do some great things in our district. But I just want to understand why would we be paying for their fees, City ofMiami Page 25 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 developer's fees? Ms. Bru: Again, Commissioner, this goes back -- this engagement of this law firm goes back to 2002. This is a project that has, you know, been going on for quite some time. I am in the process of trying to obtain all those -- Vice Chair Spence -Jones: Okay. Ms. Bru: -- reports for you. Chair Sanchez: All right. Vice Chair Spence -Jones: No problem. Ms. Bru: The reason why I requested authorization is because we had been requested by the Department that we were going to undertake some further negotiations at this time. But again, I'm asking for this to be continued so that we could properly bring to you all the status reports that you have requested, including any reimbursements that have been obtained of attorneys' fees. Vice Chair Spence -Jones: Okay. Chair Sanchez: All right, there's a motion and a second to continue the item. Do we have a date certain? Madam Clerk. Priscilla A. Thompson (City Clerk): Before we move on -- I'm sorry, Chair --I did not record a mover and a second. We had that one for discussion. Chair Sanchez: The maker was Commissioner Gonzalez and -- Ms. Thompson: Thank you. Chair Sanchez: -- second by Commissioner Sarnoff. Ms. Thompson: Thank you. Chair Sanchez: All right. So do we have a date certain for this item or just being continued to the next regular PZ (Planning & Zoning) item -- agenda? Ms. Thompson: Regular. Commissioner Gonzalez: I suggest that they put it back in the agenda whenever they have all the information that we requested. Chair Sanchez: All right. Ms. Thompson: So -- Commissioner Sarnoff We know it'll be back before August. Commissioner Gonzalez: Right. Ms. Thompson: -- we're deferring it indefinitely? Commissioner Gonzalez: Yes, ma'am. City ofMiami Page 26 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Mr. Hernandez: I agree -- Ms. Thompson: Thank you. Mr. Hernandez: -- Commissioners; it may be best to have the whole package all together. Have this come back with the request for the extension and all the information that you have required. Chair Sanchez: All right, there's a motion and a second. No further discussion on this resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition say, having the same right, say "nay." Motion carries. Okay. The next -- Commissioner Gonzalez: But on the same issue, if you'll allow me -- Chair Sanchez: Yes, sir. Commissioner Gonzalez: -- just one second? Chair Sanchez: You're recognized for the record. Commissioner Gonzalez: But that is independently from the information as to if these people are supposed to refund us, that is something that I would like to know by next week, okay; and what are the terms under which they're going to -- they're supposed to refund this money? Because what I'm foreseeing in here is that if this project doesn't go through, I see us spending another $500, 000 on another law firm in order to recoup 495, okay? And I want us to be able to stop that before it happens. Thank you. Chair Sanchez: All right. RE.5 08-00411 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), APPROVING THE COMPENSATION AND EMOLUMENTS FOR CITY ATTORNEY JULIE O. BRU, ESQUIRE. 08-00411-Legislation-SUB.pdf 08-000411-Exhibition-SU B. pdf 08-00411-Submittal-Substitute Item RE.5 Document. pdf 08-00411-Submittal-Memorandum-Julie Bru.pdf 08-00411-Submittal-Sarnoff Document.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Spence -Jones Noes: 2 - Commissioner Sarnoff and Sanchez R-08-0234 Chair Sanchez: The next item we're going to go ahead and just table for now till George Knox arrives, which is RE.5. "[Later...]" City ofMiami Page 27 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Chair Sanchez: If you would allow me, let's take one item out of order that we passed, and that is RE.5. RE.5 is approving the compensation for City Attorney Julia [sic] Bru, and we have with us George Knox, who has come with pain; but he is here, so George, always a pleasure to see you. Hope your back recovers quickly. George Knox: Thank you so much. Mr. Chair and members of the Commission. I'm good; my pain pill lasts until 12 o'clock. Mr. Chair and members of the Commission, it was my great privilege to be asked to prepare a document which fundamentally describes the relationship between the City ofMiami and, of course, the Commission and the City Attorney. You authorized this activity at your meeting on March 13 of this year. I call your attention to the resolution that has been prepared for your consideration, and I would like to point out a number of significant items, first of which is that we endeavor to make it clear that the relationships between the Commission on behalf of the citizens, of course, and the City Attorney, is an attorney -client relationship. This places a higher standard, if you will, on the conduct of the City Attorney because in such a professional relationship, there are duties and obligations associated with the oath that the City Attorney takes, not only to represent the City, but the oath that the City Attorney takes in connection with being a member of the Florida Bar in good standing. The second significant feature, I think, is that there are scenarios related to the separation between the City Attorney and the City Commission or a determination of the relationship that are significant. First, I think, implicit in the document is that if the City Attorney voluntarily relinquishes her position, then she has no claim for severance. Second, the City Commission has specifically reserved its privilege of terminating the City Attorney should circumstances arise without cause. In which event, there is a provision which is in the nature of a settlement provision which would suggest that the City Attorney be compensated for essentially failing to exercise any right that she may have as far as legal recourse is concerned. The third provision related to severance has to do with a suggestion that if the City Attorney is not reelected upon the termination of her current term, then she would likewise receive compensation for services rendered. In the course of our research, looking at agreements from throughout the country, literally, it was our conclusion that it is appropriate to specifically indicate that the relationship is a professional relationship rather than a relationship that is ordinarily called an employer -employee relationship because of the heightened responsibility and the heightened expectations with regard to professional conduct, if there's a professional relationship, and the legal obligation that a lawyer has to a client. We think that it's significant in support of that contention that the City Attorney, along with other identified officials of the City ofMiami, are specifically elected rather than appointed, according to the terms of your Charter. We believe also that absent a clear indication of a contractual relationship, then legal recourse is much, much more difficult to obtain in the event that there's some controversy about the terms of the agreement, which, in fact -- and I think that it does represent an accommodation on the part of the City Attorney -- which means, in fact, that the relationship is largely governed by the Commission because opportunities for recourse and for redress of any perceived injury by virtue of the relationship have been closed off to the City Attorney, absent any extraordinary circumstances. As I agreed with the City Attorney at the inception of disengagement, my position is one of neutrality. I am not an advocate on behalf of either of the parties to this agreement. And accordingly, even though I have spoken to each of you concerning the content and the intent of the resolution, we've not engaged in any discussions with respect to the actual business terms or the compensation or emolument of the City Attorney. Mr. Chair, members of the Commission, that would conclude my report. I would like to repeat the privilege that I enjoyed in serving you, and I trust that any concerns that you may have had with regard to your relationship with the City Attorney would have been resolved by your adoption of the resolution that is before you, and of course, I would answer any questions or respond, if appropriate, to any observations that any of you may have. Chair Sanchez: Thank you, Mr. Knox. Any questions? None? Okay. Commissioner Sarnoff you're recognized for the record, as you were asked or directed by this Commission to present us with recommendations. City ofMiami Page 28 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Commissioner Sarnoff Well, first, I want to compliment Mr. Knox for working with me and coming so frequently and addressing certain aspects and issues of the Charter, some of which we agreed, some of which we didn't agree, but we certainly saw the need, possibly, even for a good revisiting of the Charter. But think this -- the wording of the agreement, which I think is most important to this City Commission, is that only if she is terminated, this City Attorney, for cause - - without cause that she will now be subject to a severance, and that just probably is very fair to her. Whether this Commission wishes to get into a situation where we decide whether she's no longer voted for in office as a result of a new Commission sitting every two years, I think that's something we should discuss today. And what I've handed each one of the Commissioners is what think the terms and conditions of employment should be, and I did so predicated upon a good deal of research, as I know Julie's done a good deal of research. And I just thought I'd visit with -- and everybody up in this Commission is more than capable of deciding what the terms of her employment should be in terms of compensation. Julie presents for $240, 000. I suggested 220, and I came to that conclusion predicated upon looking at the other cities and looking at what we first paid Jorge Fernandez, our prior City Attorney, who then, in 2005, had 18 years as a City Attorney. He had been a City Attorney for 18 years. That is his extent. He had a tremendous amount of experience. He, as you know, sat as a City Attorney here many years back; went to Sarasota, sat as a City Attorney there for many -- or I should say County Attorney for many, many years, so he came to this dais, so to speak, with better than 18 years experience or 17, and, of course, lasted here for the time that he did. And he came in making approximately $218, 220, though he was able to receive two $10, 000 incentive pay increases. What did was, on the emolument sheet that I put in front of you is, I put a $220, 000 base pay. I arrived at that by looking at what does the Miami -Dade County attorney get paid? I spoke directly with Human Resources, 268,320. Is it apples to apples? Well, the County Attorney supervises 79 attorneys. Our City Attorney presently supervises 24. She'll probably get to 26 or 27 because I know she has some hiring needs. Hialeah gets $161,950. He supervises six attorneys. Miami Beach, $203,944, and he supervises 11 attorneys. I left the deferred compensation package very much the same, as you can see, and you can see the resulting difference. So under a $220, 000 base pay, her total compensation for salary would be $269,280, and as you can see, slightly above the County Attorney. I left the car allowance exactly as she'd put it. But came to something that I find unusually -- I'm just going to use the word -- "distasteful" because I'm from the private sector. I don't believe that a person should be entitled to 38 days of sick time -- of vacation time, 12 days of sick time; and you're looking at 40 paid days off, and you can see what that results because you can accrue that time and that can come to just under $40, 000. So you can see what I'm suggesting is a concept that is used significantly across the private sector. It's called 21 days PTO, paid time off. What that essentially means is you get 21 days, use it as you choose; you don't get to accrue it. You use it or you lose it. As a matter of fact, I could suggest to you that it actually has some benefits towards that, if you think about it. It's strongly urging you to take your time off get the rest that you want, as opposed to accruing it. If you look at the six-month severance -- and the way the City ordinarily gives severance, it does it based upon the entire package. So if we gave six -months severance, for some reason we terminate her without cause, under the scenario that she's asking for, she would get $173,480. The six -months severance that I'm suggesting is only as the base pay, and that would bring us to $110, 000. If this Commission, for some reason, thinks that we should be compensating our City Attorneys because they're no longer elected -- so think about that, their term of office is over and they do not get reelected -- I'm suggesting, as a compromise or -- I'm actually not promoting this, but as opposed to a six-month severance, think about a three-month severance. Again, I suggest to you that if you go to the base pay, the very top column, that's $55, 000; and that's significantly different than the entire compensation package, which would net you $86, 760 -- 740. I think one of the issues of this employment is she is now our employee for the City Commission. I think we need to set an agenda here. We're going to be -- I think, from this day on, we have got to take a long, hard look at the economic times that we live in and what we're about to give people for vacation time and sick days. I think it's incredibly generous to start compensating people for vacation and sick time when, in the private sector, those City ofMiami Page 29 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 concepts simply don't exist. Julie's total compensation package, under the scenario I paint, is $282,480. And could tell you that Mr. Manager sitting there, his compensation package is extremely similar, except for, ifI were sitting here andl was to reappoint Pete Hernandez, he would equally only have 21 days for vacation and sick time and no accrual. I think that aspect, to the general population, is just wrong. That is not how private sectors work. And I think we have got to come in line and be more responsible with our tax dollars by saying to the private sector and saying to the taxpayers we're going to work a lot harder for you and we're going to not be so generous with our compensation packages. Now, I don't think the compensation package I'm suggesting to you is not generous at all. It puts her right above Hialeah and it puts her just in line with Miami -Dade County. Chair Sanchez: All right. Commissioner Gonzalez: Do you -- Chair Sanchez: Wait. Before we go, these are recommendations that are on the table. There is no motion. We're just discussing and making recommendations to what has been proffered by Commissioner Sarnoff. Commissioner Gonzalez and then Vice Chair Spence -Jones. Commissioner Gonzalez: Do you realize that Miami -Dade County has 77 assistant county attorneys; out of which 16 of them assistant county attorney make $240, 000 a year? Commissioner Sarnoff I am actually aware of that, yes. Commissioner Gonzalez: All right. That's one of my points. My other point is Julie is giving up $10, 000 that used to be on the expense account -- that used to be on the City Attorney's office; she gave that up, all right. I would also like to compare what we're doing with her as what we're doing with the City Clerk and the inspector [sic] general, because they also work for us and we should freat them all equal. How much -- how many days do they have compensation? How many days do they have vacation and sick time? You know, they should be compare -- they should be treated equal as far as the benefit package is concerned. I don't see why we should treat her different than we treat them. The -- she was asking for $200 less on car allowance. She was only asking for -- she was asking for $200 less than the previous City Attorney on cellular. Vacation, she was asking for seven days less. And as I stated before, she was not asking for any expense account, which amount up to $10, 000. As far as the severance pay, I believe that she should be receiving, yeah, a severance pay if she's -- if we decide to let her go without cause. And also, since she is supposed to be reappointed at the next Commiss -- at the next election time, if by any reason, you know, the next Commission decide not to rehire her, I think she should also be compensated at more than three months because -- how many years of service do you have with the City? Julie O. Bru (City Attorney): It's getting now close to 19, Commissioner. Commissioner Gonzalez: I think it's pretty sad to spend 19 years working for -- and I know this is practice on public sector. Public sector, you spend 30 years of your life working for them and then one day they throw you out the door and they may give you $5 to go and have breakfast, but this is not public [sic] sector. We don't treat people here like people are treated in the public [sic] sector, thanks God. And the one thing that I'm proud of is the way that our employees are treated and the benefits that they receive. That's why I support so strongly all of the unions and all of our employees. I believe people that are -- that work and are workers -- and that's what have been all my life, a worker. Ever since I came to this country at the age of 15, I started to work part-time, and I haven't stopped working up to day; so I know what is to be a worker. I'm not rich. I'm not a millionaire. I don't have a fortune, and that's why I have such a strong feeling for people that do work. But in addition to that, let me ask something else in Julie's case. Last Monday Julie was working until 9 p.m., and let me tell you, most of our employees, they City ofMiami Page 30 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 work 8 to 5; 5 o'clock, they go home, goodbye; no weekends, no nothing. I don't care what you can say about Jorge Fernandez. He might have made a mistake, bad judgment, or whatever; same applies to Barbara Rodriguez, who was really mistreated by this Administration. But you know what, her time will come. I don't know how many hours a week Jorge Fernandez put for this City. I don't know how many hours a week Barbara Rodriguez, or Barbara Gomez, exfra hours put to this City. And I foresee Julie doing the same things, working on Saturdays when she's called, working on -- at nights; starting early in the morning, you know, and that is something that we have to take into consideration. If you could tell me that we decide here today that Julie is going to only work from 9 to 5, Monday to Friday, I will be supporting this package a hundred percent;; but she would only be working 9 to 5, Monday to Friday, and that has to be put in writing in her agreement that she won't be required to work extra hours or Saturdays or, you know -- I mean, let's do it a five-day, 40 hours a week shot, and I'm sure she'll be happy with that and I will be happy with that. But now, if we're going to require of her that she can put the extra hours that she may need to put in order to serve each one of us and our needs, and no matter how many hours and no matter what days and even if it goes into nights, then we have to be a little more, you know, considerate. And at the same time, we need the Marc to compare with the City Clerk, once again, and the City -- and the auditor -- and auditor general. I don't know if you know, if you want to get that information and maybe hold this until the afternoon -- Commissioner Sarnoff No. I think -- Commissioner Gonzalez: -- and then reconsider it? Commissioner Sarnoff -- you're -- first off I wasn't here for Victor Igwe's contract. Commissioner Gonzalez: Right. Commissioner Sarnoff I think I agree with you that the Clerk receives, on the vacation and sick days, approximately the same thing. I think it's something I should have brought up then; I didn't. I'm going to bring it up, just so you understand, throughout. Should Pete Hernandez come in front of us again, throughout this time, I'm not going to be voting to give people 40 days of paid time off which is in addition to their base pay, deferred compensation, and something that they can accrue at the end. I mean, you're suggesting -- and I respect you for it -- that $346, 960 is the right amount. I'm suggesting $282, 480 is the right amount. I'm not -- I understand that. But when you get to a certain level and when you get to the City Attorney, I don't think that the public sector -- the private sector out there, the people that pay the taxes for all of us to sit here, none of them enjoy anything close to 40 days off with pay. Don't think it happens. It happens in Europe all the time, but not under the American system. So I think our job here is to bring the contract more in line with what the private sector would pay. Now, she has a -- I didn't change her deferred compensation package. I didn't change her fringe benefit package. What I did change was vacation, sick time. I did change the initial amount that she's getting. She would be getting a $40, 000 pay increase -- what do you make now? Ms. Bru: A hundred and eighty thousand. Commissioner Sarnoff Right. So you'd be enjoying a $40, 000 pay increase for the additional job of supervising. I can tell you this, Commissioner Gonzalez. I don't think there's an attorney in America worth his salt that works 9 to 5, and I don't think a City Attorney works 9 to 5, and I can tell you from the private sector. If they don't put 60 hours in a week, they're not working. Most attorneys are expected to bill 2,100 to 2,200 hours a year. And if they don't, they'll lose their jobs. And if you just look at the economy now, there are a great number of attorneys now out of work at firms that we all know because of the recession that we're going through. Chair Sanchez: Vice Chair. City ofMiami Page 31 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Vice Chair Spence -Jones: Yes, Mr. Chairman. First of all, before, you know, I just add my points, I would like to commend attorney George Knox for his leadership in this matter. We -- I actually happen to have [sic] the opportunity to be briefed by him yesterday, and his leadership on this whole matter and working through this whole resolution made it very understandable for me and me making the right decisions as to what needs to happen from the CityAttorney's standpoint. So I wanted to at least acknowledge your work and your ability to make sure we all understood what we were getting ourself [sic] into. I do want to add onto Commissioner Gonzalez. I think that while I do understand Commissioner Sarnoffs viewpoint from a private sector, I think that it's also -- I mean, I -- personally, I -- it's really difficult for me to compare the two because the amount of time from a private sector compared to a public sector is totally different. I mean, every City Attorney in that office, I mean, they're always on call, always available for whatever issues or concerns that may arise regarding legal issues in any of our districts or within the City ofMiami or even major negotiations that we may be in the middle of, they're always available, so I just can't -- I would never really compare the two, but again, I'm not from the private sector so my viewpoint will always be different. I do want to ask, Commissioner Sarnoff, just so that I have clarity. I saw you did the breakdown, and this was very helpful because I only had it fi^om one side, so this gave me a better viewpoint of the situation. But I know you did the breakdown for Miami -Dade County, Hialeah, regarding the compensation. The vacation and sick time for the County, were you able to also look at that as -- were we that off -- far off? Commissioner Sarnoff No, I didn't because it didn't matter to me. It's not something I'm ever going to be prepared to vote for. I'm never -- I don't know. Vice Chair Spence -Jones: I just -- I -- Commissioner Sarnoff I fruly don't know. Vice Chair Spence -Jones: Right. I just -- yeah, butt just wanted to know if you -- you know, you did the research on the dollar amounts, so I just wondered if you did it on the vacation and sick times? So you had -- Commissioner Sarnoff I did not. Vice Chair Spence -Jones: Okay. All right. The other point that I really wanted to make, I did have the opportunity to also sit down with Julie to go over several things regarding the compen - - her compensation, and I did notice that -- I mean, she made a lot of concessions. And I know we're not comparing to the last City Attorney. We're trying to correct whatever situations we might have had with the last City Attorney so that we don't create the same thing this time around. But I have to acknowledge a couple of things. One, I saw that Julie totally took out the expense account. I know you know that that was one of the biggest issues the last time around was having this expense account associated with that particular office. No longer does she have an expense account. I also saw -- and I do understand, butt just want to make the comparison because I'm trying to understand why would it be different for Julie compared to any other person sitting in that post, and I just want to pray that it's not based upon the fact that she is a woman and not a man; so I'm hoping that that's not the case because I do believe that she deserves to be compensated fairly like any other attorney. As Commissioner Gonzalez pointed out early his comparison looking at assistant county attorneys in Miami -Dade County compared to what we pay on this side is a great analogy on, you know, why we should be looking further. And one of the points that Julie brought up in my discussion with her, which I thought was really important, you know -- and I know we never really want to consider -- compare ourself [sic] to Miami -Dade County, but we somehow use Miami -Dade County when it's convenient for us. But she made a very good point surrounding the issue. How do you expect to really even recruit anyone to come beyond her being in that position, but anybody else to come in that position if you're not going to compensate that individual compared to the other areas. So I thought that City ofMiami Page 32 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 that was also a very good point. I also like the fact that she did come in much lower than our past City Attorney by -- at least by $17, 000. And I also like the fact that she reduced on all of her allowances, her car, her cell, all of these things that were a potential issue for us last time -- or issues for us last time, I saw Julie at least trying to make accommodations to really make sure that the residents of the City ofMiami understood that she was trying to do the right thing. I can support the monetary portion of the terms given the statistics. I think our City Attorney's compensation should be competitive with other cities. I do not have a problem with the majority of the terms. I mean, I do --the only thing that wanted to really add with Attorney Knox -- and if he can step to the dais for one second. We had a long discussion -- or a short discussion on the process, any recommendations that you may have to put in place to evaluate the City Attorney at the end of each year. I think that we, as City Commissioners, were all -- or we are all charged with -- to -- with evaluating the City Clerk, evaluating the inspector [sic] general, and of course, evaluating the City Attorney; and most of the times we kind of put our attentions on individuals or at least put that in the arena of the person that sits on the dais that may have the most knowledge, so in this case it would be Commissioner Sarnoff because, quite frankly, he's a lawyer, so he would know kind of what makes the most sense. So -- but had a concern with -- I don't want to be up here evaluating the City Attorney. I think that there needs to be, you know, something put in place with this agreement at the end of each year that really makes sure that when we evaluate an individual, we're evaluating them based upon their real ability to lead, their real ability to make sure that the department is effective and efficient. That's -- you know, I think that -- while we might have our own personal opinions about it, I think that we need to put something else in place. Could you please at least address the dais or the City Commissioners to give us any recommendations that you may have in place because I would like to have that somehow included in? Mr. Knox: Sure. Commissioner, I would refer to the provision of the resolution which relates to the CityAttorney's duty to periodically make a public status report on all matters pending or concluding within the City ofMiami. This is a provision that was taken from, and of course, it's a mandatory provision of the Miami -Dade County citizen's bill of rights. There is, I think, inherent in the requirement for the City Attorney to report to the Commission an opportunity, and as a matter of fact, perhaps a duty for the Commission at that time to evaluate the performance or to respond to the report of the City Attorney. I was hesitant, again, always being concerned about maximum flexibility for the Commission, to suggest or even have the official document reflect the manner in which that would take place. Vice Chair Spence -Jones: Okay. Mr. Knox: What suggest to you is that upon the time of the CityAttorney's annual report that that's an opportunity for the Commission to evaluate the performance during that same year of the City Attorney, and at that time the Commission then has the discretion to determine the manner and means by which that evaluation would take place so that it does not rule out a process that you are comfortable with -- Vice Chair Spence -Jones: Yeah. Mr. Knox: -- but it doesn't bind you to it prematurely, if you will. Vice Chair Spence -Jones: Okay. Mr. Knox: And so that was the thinking when we included that provision. Vice Chair Spence -Jones: Okay. Thank you. I just wanted to make sure that, as we move ahead, we have some way of addressing, you know, the evaluation portion of it because we sit here -- I've been through three presentations from the City Attorney's office about their -- his performance or their performance, and I'm telling you, it's like a 20-minute presentation and you City ofMiami Page 33 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 only hear really from one perspective. And I just think that it's really important to avoid future problems, to really look at a full way of -- a different way of evaluating it or adding to it. Thank you, Mr. Knox. Mr. Knox: Thank you. Vice Chair Spence -Jones: Just in closing, Mr. Chairman, like I said, I don't have an issue with supporting the monetary support for the City Attorney. As you know, I -- you know, in the very beginning, we went back and forth on the two City Attorneys that were bound for the job, but our existing City Attorney is here and I support her. And I just wanted to make sure that also added on one thing that think is really important from a severance standpoint that I just want to share with my fellow Commissioners. I do, however, think that we should not be granting a severance package as a matter of right, and we've had this conversation, Julie, if we choose not to reelect the City Attorney. That has not been the case, historically, and was only introduced with the last City Attorney. Historically, granting a severance to the City Attorney, if not elected, was at the discretion of the Commission, and I still think that it should be that. As you know in the last -- with the last City Attorney, that was -- I don't know if you guys realized that was one of the items that was changed, and I'm saying thatl think that no matter what, it should always come back to City Commission for us to make that decision. So that would be the only issue out of everything that you've presented that think that would want to make an adjustment on is that the City Commission would have the final say on how that would be handled. Chair Sanchez: Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. George Knox was right when he said that he wasn't an advocate for either part. He was very gracious in coming to our office. And I suggested that the base salary that was proposed should be reduced. He didn't argue in favor or against. He just pass on the information. In fact, it was -- and the sad thing about this whole discussion is that, number one, Commissioner Sarnoff is right; we need to recognize the new times in terms of the economy and the budget. I think that Julie has recognized that, too. But number two, we are acting after being embarrassed by the former City Attorney; and then Julie is a victim of that embarrassment. It's not because she's a woman. It could be a man sitting there, and we would have done, I'm sure, the same more scrutiny, more demands of reducing salary and benefits. And I guess that we -- in focusing on the benefits, which we should do, by the way, in every -- unfortunately, we only have power to do it with three or four persons in the City, but we should focus on that come budget time. But think that we are missing the whole purpose of having someone with a lot of experience and character and decision making, and independence, independence even from us or from the Administration or from the Mayor, because if we're talking about saving money -- you know, sometimes it's very difficult to speak about the past; it hurts, but there is no present or future if we do not look at the past. The fire fee fiasco, because of attorneys missing, whoever attorneys were, the fine print, has cost the taxpayers in legal fees, God knows, maybe 3, $4 million. The judges have $1 million, and the judge will award whatever the attorney for the plaintiff are. When we miss several pages being check on a contract in the Orange Bowl, we had to pay, how much was it, like a million dollars or something like that. When we miss a phrase that if the stadium is not built, then the CRA (Community Redevelopment Agency) doesn't have to pay the Performing Arts. It wasn't in the agreement; probably will be paying 40, $50 million of the taxpayers' money to help that. So you know, when a president is elected by the people, he or she selects a Cabinet member and hopes that that Cabinet member does the right thing; most of them do. So what we're doing here is trying to select and compensate a person that needs to be awake 24/7 because she needs to even protect us from us; and, hopefully, she would do that. That is my hope, that is my wish; that she would stand by the law, give her clients the best advice, even if we don't like it, to do the right thing. It is a little unfair to make her of an example of what we are embarrassed for what happened to the last City Attorney. I am grateful that she reduced some of the base salary. She reduced the car allowance. She reduce the cellular phone allowance. She reduced the vacation, City ofMiami Page 34 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 although, by the way, I think Commissioner Sarnoff has a point on the vacation, and you may want to address that. In my part-time job in the radio station, if you don't use vacation, you lose it; and that is something that we should address in the future for -- with the unions and -- but especially with the department directors, which is the bulk of what we can do for the Administration -- with the Administration. I really don't have a problem with what she have reduce herself. I do like to address the vacation, the paid vacation time; and that's all I wanted to address. I just want to know -- and I understand that the other officials are. Now we are aware of that. But I am -- I'm satisfied with -- and you know, we need to also understand that this -- number one, that this is not a confract; then you won't be able to sue, right, if it's not a contract? Number two, it is something that is temporary because in November of '09, there will be another City Commission -- several members sitting here and you will have to go through the same process. And, number two, I think that the main issue that we all wanted is that if there is cause for dismissal, there is not a penny of the taxpayers' money. And I think we need to thank Commissioner Sarnofffor that and thank you both because that was the main -- what really got the people going was that you steal and you're rewarded, and that is something that should be set in stone forever in the City ofMiami. You make a mistake, whether you are elected or you are appointed, and you do, you know -- you make a fault and you going to pay for it on your own pocket because it's -- the taxpayers are not going to give you the reward. So in a nutshell, I would support this proposal, although I would like to say that I have -- Chair Sanchez: Which proposal? Commissioner Regalado: -- agreement. Chair Sanchez: The recommendation? Commissioner Regalado: The one offered by Julie Bru, except that I would like to hear about the vacation days; I just want to understand, and, of course, understanding that this is only a year -and -a -half contract. So thank you, Mr. Chairman. Commissioner Gonzalez: I do also have a question on the -- on vacations. Chair Sanchez: Sure. Commissioner Gonzalez: Did Jorge Fernandez used to get 28 days vacation? Chair Sanchez: Thirty-eight. Ms. Bru: No, Commissioner. Jorge has -- had gotten 45 days, which is presently what I believe some of the other appointed officials, such as the Clerk and the Auditor General gets. Commissioner Gonzalez: Forty-five days vacation a year? Ms. Bru: Forty-five days. And let me say something about -- Commissioner Gonzalez: Madam City Clerk, how many days vacation do you have? Priscilla A. Thompson (City Clerk): Based upon my 28 years of service, I get 45 days, sir. Commissioner Gonzalez: Forty-five days. How many days of vacation does the -- Vice Chair Spence -Jones: Auditor. Commissioner Gonzalez: -- Auditor General gets? Can anybody find that out -- City ofMiami Page 35 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Ms. Bru: It's 45 -- Commissioner Gonzalez: -- for me? Ms. Bru: -- days. Commissioner Gonzalez: Forty-five days? Vice Chair Spence -Jones: Based on how many years? Commissioner Gonzalez: How many years of service? Ms. Bru: That was just negotiated in his contract -- I mean, in his -- I'm sorry, in his benefits package. Commissioner Gonzalez: But it wasn't based on the years of service? Ms. Bru: I think it was based -- that that was what the City Attorney was getting. Commissioner Gonzalez: Okay. Can somebody get me that answer while we're on this discussion? And that should be very simple. I hope it doesn't take as long as it took for the DROP (Deferred Retirement Option Plan) thing; that it took me a month and a half or two months; never got an answer until the day of the Commission, but this should be simple. Look at the compensation package, how many days vacation, how many years of service. Vice Chair Spence -Jones: Madam City Attorney -- I'm sorry. Chair Sanchez: No. It's okay. Go ahead. Vice Chair Spence -Jones: Did -- since you did your research -- I know you also did your research regarding this issue compared to other municipalities. Did you also look at the vacation for the --? Ms. Bru: Commissioner, it was very difficult to get that information; I tried to, but it -- generally speaking, the County is very similar. The benefits in the County -- as a matter of fact, if you go to their website, one of the things that they exalt is the fact that they have very generous benefits, including vacation time. And may I also say something? Based on the years of service that I have been working now for the City of Miami, I'm already entitled to 36 days of vacation. That's something that I have accrued and earned over the years. Vice Chair Spence -Jones: How many years of service, Julie, again? Ms. Bru: Almost 19. So, basically, I'm only asking for two days more than what I am already entitled to. Vice Chair Spence -Jones: Entitled to. Chair Sanchez: All right. First, let me say that for the first time in many years, I think we're focusing on the contract to make sure that this government isn't embarrassed by our mistakes, and it's important for us, as the people who are elected by the people, to protect the taxpayers' dollars. These two recommendations that are in front of us today, one, of course, requested by the attorney; the other, a recommendations [sic] by a Commissioner, who we selected because of his expertise in his field of law, to bring us back recommendations that we could debate and come to a final decision as to the compensation of our City Attorney. A lot of things have been said here by my colleagues, but one of the things that comes to light and catches my attention is City ofMiami Page 36 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 that these are tough times for everyone, for our residents that are out there struggling every day to make ends meet; people losing their jobs; people losing their homes; people losing their dreams, and we are here representing the government, and when it's time to trim, everyone trims; everyone must live within their means. One thing that I do like about this is that we've had an opportunity to seek expertise advice from the outside who have proffered great recommendations for us to lead the way for the future because I think that once you giveth, you cannot taketh. I do agree with Commissioner Sarnoff that no one in government should have 48, 38 days of vacation time, I don't care how long you've been here. But this ordinance or resolution that's in front of us does have the language where it states very clearly -- in the past we did not have this language -- the City Attorney shall not receive any severance, zippo, not a penny, if she is terminated for neglect of duty, malfeasance, or if she voluntary [sic] resigns. That's one of the language there. Now, I'm going to be honest with you. I am not prepared today to support neither one of these recommendations, but I think there is compromise; and it is up to us, the Commission, to come up with these compromise [sic] to make recommendations to find a solution to this. You've earned 36 days of vacation. You've earned 45 days of vacation. It's been earned. Now, next City Clerk, next City Attorney that comes on board, if she doesn't have it, then we could take it away from her. The personal expense account was an issue that I think was a touchy issue with all of us, and I'm glad to see you gave that up. As the Chair, what I'm going to do, which I have to run this meeting as formally and professional as possible is, that I'm going to ask that we vote on what's asking and then we vote on what's recommended. And if we can't come to an agreement on that, then I am prepared, as we all should be prepared, to make some modifications to either option A or option B so we could vote on this. I am telling you that 11:45, I will hit the gavel, and we will go into recess and then we can deal this later on, okay? But let me just say something. Commissioner Sarnoff did a good job. He went out there, he researched this; came back with some recommendations that I think are very worthy. We also need to take into consideration that our City Attorney has been here for 19 years, has done an honorable job, and she has proffered to some of these conditions where if she is found not to be honorable, she will not be compensated. This is a step in the right direction. So let's go ahead and have a motion with no amendments to the resolution that's in front of us, which is what the recommendations are for the City Attorney, Julie Bru. Is there a motion with no modification, then we'll vote it up or down? Is there a motion for the resolution? Commissioner Gonzalez: I'll move the proposed package -- Chair Sanchez: With no modifications? Okay. Is there a second? Commissioner Regalado: I'll second, butt have a question here. Chair Sanchez: Okay. You could have a second [sic], butt mean, I'm trying to cut down on all the debate. Commissioner Regalado: No. I second already, butt have a question. I think that I will like to see some minor modification in what the City Attorney is proposing, but should we vote on this and should she has [sic] three votes, she gets -- Chair Sanchez: She gets it. Commissioner Regalado: Exactly. Chair Sanchez: And if she doesn't have three votes, then she doesn't get it. Commissioner Regalado: And I understand that, but I think that we should work before we vote to make a small modifications [sic] because I think Commissioner Sarnoff have done a lot of work -- City ofMiami Page 37 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Chair Sanchez: Well, Commissioner -- Commissioner Regalado: George have [sic] done a lot of work. Chair Sanchez: -- I understand that, but based on -- as the Chair -- and all I'm doing is trying to run a very well, thought out professional meeting -- is that we've heard at least -- I counted, and I lost count -- was like 14 modifications, so the best thing to do is on -- vote on each ordinance and then we could head into some of the modifications as friendly amendments where you would proffer it; we vote it up or down. If not, we're going to be here for six hours; and I'm frying -- Commissioner Regalado: So you -- Chair Sanchez: -- to avoid that. Commissioner Regalado: -- mean that we can have amendments? Chair Sanchez: Yes. Vice Chair Spence -Jones: Yes. Chair Sanchez: But not on the first two original ordinances. Let's just -- Commissioner Regalado: Okay. Chair Sanchez: -- vote -- I don't think neither one are going to get a votes [sic], all right? Commissioner Regalado: Okay. Chair Sanchez: All right. Ms. Bru: Mr. Chairman. Chair Sanchez: Yes. Ms. Bru: Mr. Chairman, ifI may. Perhaps, I could expedite all this. I have been listening to all that has been said here very clear and very loud, and I had also met with you individually. I think that I have come a long way to fry to accommodate all the concerns, all -- Chair Sanchez: All right. Ms. Bru: -- the rightful concerns -- Chair Sanchez: Can we do this? Julie, pay -- Commissioner Regalado: But let her speak. Let her -- Chair Sanchez: -- base pay, what do you -- let's just go through the whole list of what you want to modify. Ms. Bru: Well, the -- I think that what I would like to propose is that the compensation package that I have offered to you stay the same, but for -- I don't mind if the vacation days that I am entitled to and accrued -- Chair Sanchez: Use it or lose it. City ofMiami Page 38 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Ms. Bru: -- are no -- are those that I'm already entitled to, and those would be 36 days and that's what have earned and I'm entitled to. Chair Sanchez: Okay. Ms. Bru: I would also suggest -- and I would be open to something that you discussed with me, Mr. Chairman, and that is that ifI leave the City under less -than -honorable conditions, that would forfeit those accrued vacation days and ill time. Chair Sanchez: Yeah. I was going to proffer that amendment to the -- Ms. Bru: And -- Chair Sanchez: -- ordinance when it was time to make amendments. Ms. Bru: -- you had spoken to me about that, and I think that in my hearts of hearts, I know that I would never leave the City under those conditions, but that would be something that would be shameful for somebody to leave the City and walk away with a payout of accrued vacation. So we can modify that provision to state thatl would be getting the 36 days a year, which is whatl have accrued, and then -- Chair Sanchez: So from 38, we go to 36? Ms. Bru: Yes. Chair Sanchez: All right. Go -- what else? Ms. Bru: And then -- Commissioner Gonzalez: All right. I just want to thank one minute to thank the Manager and Hector Mirabile. I justgot the information. The inspector [sic] general has been with the City eight years and he also has 45 days vacation. Chair Sanchez: I'll be looking into that. I'll be looking into that, Mr. City Auditor. Ms. Bru: Okay. So Mr. Chairman, so -- and Commissioner Spence Jones, I know that you expressed a desire for the severance. IfI am not reelected, to be at the discretion of the Commission, I don't have a problem with that, at the discretion of the Commission. So those are the things that I'm offering. I think, in order to reach a consensus, those would be the two modifications to the package that am proposing. Chair Sanchez: Okay. So let's vote on that package. Commissioner Gonzalez: What were the modifications? Chair Sanchez: The modifications are, Commissioner, on vacation pay, she will bring it down to 36 instead of 38, and then she proffers on the original language of the resolution where it states at time of honorable separation, City Attorney will receive payment of all vacation and sick leave earned. So the only amendment to that is just to add the word "honorable separation" because separation, if it's not clearly defined, can be misconstrued and then we end up in the same situation that we're in or were in. All right, so that's been the only amendment to that. And what other amendment has been made? Ms. Bru: And the concerns expressed by Commissioner Spence -Jones, which is ifI am not reappointed at the expiration of the term in '09 that would be -- severance would be available City ofMiami Page 39 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 at the discretion of the Commission. Chair Sanchez: Okay. All right. The maker of the motion, do you accept those three friendly amendments? Commissioner Gonzalez: I do. Chair Sanchez: The second? Commissioner Regalado: I do? Chair Sanchez: You do? Okay. There's been a motion and a second, as amended with friendly amendments. Madam, roll call. This is a resolution. Can we have a roll call? Ms. Thompson: Roll call. Vice Chair Spence -Jones? Vice Chair Spence -Jones: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Let me say, Julie. This is -- you're a devoted employee of 19 years; this is not personal, but think the people ofMiami look to us to evaluate ourselves properly. I think we have to take into consideration that times are tough and we need to be responsible in evaluating all of our salaries. If this City continues to do ladder stepping, which is saying what did the last person make so I want to make what that person made, we are never going to get this budget in any kind of semblance of hand. Ms. Bru: But I'm not doing that, Commissioner. Commissioner Sarnoff I respectfully hear what you're saying. My vote, unfortunately, is going to have to be no. Chair Sanchez: Okay. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. Ms. Thompson: And then Chair Sanchez? Chair Sanchez: I gotta stand up for the little guys. No. Ms. Thompson: Then the resolution has passed, 3/2. Chair Sanchez: All right. Ladies and gentlemen, the City ofMiami Commission stands in recess. We do take the opportunity to invite each and every one of you to the Mayor's City address. We will be providing transportation. We will be back at 2. However, we do have a executive session that may take 30 minutes to an hour, and we'll get to the PZ (Planning & Zoning) items. Thank you. City ofMiami Commission meeting stands in recess. RE.6 08-00441 RESOLUTION City ofMiami Page 40 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT WITH FLAGLER FIRST CONDOMINIUMS, LLC, RELATING TO THE REDEVELOPMENT OF AN AFFORDABLE HOUSING CONDOMINIUM PROJECT KNOWN AS FLAGLER FIRST CONDOMINIUM, LOCATED AT 101 EAST FLAGLER STREET, MIAMI, FLORIDA ("PROJECT"), PROVIDING AN EXTENSION OF THE DEADLINE FOR THE RECEIPT OF CERTIFICATES OF OCCUPANCY UNTIL JUNE 30, 2008, AN EXTENSION OF THE DEADLINE FOR THE SALE OF ALL PROJECT RESIDENTIAL CONDOMINIUM UNITS UNTIL JUNE 30, 2010, A THIRTY (30) YEAR COVENANT PERIOD FOR TWENTY-FIVE (25) OF THE PROJECT UNITS, AND SUCH OTHER TERMS AS PROVIDED IN THE ATTACHED AMENDMENT AND COVENANT. 08-00441 Legislation.pdf 08-00441 Exhibit.pdf 08-00441 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0227 Chair Sanchez: RE.6. Let's take up RE.6. Mr. City Manager, who's going to be addressing that item? Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, RE.6 is a request for an extension on Flagler First Condominium. It's a project in downtown Miami, which is a restoration project that has run into significant issues through its construction process. Right now the building is completed; they're getting their COs (Certificates of Occupancy), and the request is to allow an extension for the COs until June 30, 2008. This is a project that when it was approved by the City Commission at that time, we didn't have the affordability guidelines in place. I've talked and worked with the developer and have been able to obtain resale restrictions on 25 of the 90 units. When it started, there were no requirements. The resfrictions now will apply to 25 of those 90 units, so any resale will have to be done according to the affordability guidelines of the City on those 25. Chair Sanchez: So basically, this is a trade. In other words, we give them more time for occupancy permit, and we get restriction on 25 units for the buyers, correct? Mr. Hernandez: Right, Mr. Chairman. In essence, the fact that they have been delayed allowed us the opportunity to establish and place some of those resfrictions that today we place on similar projects, but in that -- at that time period, we did not. Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: I'm ready to second this motion, if the district Commissioner makes a motion. Commissioner Sarnoff I'll make the motion. Chair Sanchez: There's a -- Commissioner Gonzalez: I'll second. City ofMiami Page 41 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Chair Sanchez: -- motion and a second. It's a resolution. Any discussion on the item? Commissioner Sarnoff I do have a question, Mr. Manager, through the Chair, ifI can? What -- I know you've reserved 25 units under the affordable guidelines as part of a way of kind of reforming this situation, and I certainly applaud you doing that; but just for the record, what is the affordable guideline, not some esoteric -- but what is it? What if when a person think about going down there in a beautiful part of downtown and buying a condominium, what would that be? Mr. Hernandez: I'll ask George Mensah to provide that detail. George. George Mensah: George Mensah, director of Community Development. Commissioner, at a time when these funds were provided to Flagler First, the guidelines at that time says that the property has to be sold at 90 percent of the median price, so that is the affordable price at that time. Commissioner Sarnoff Okay. So I'm a person sitting and watching TV (television), and I'm wondering 90 percent of something; what is that number? Mr. Mensah: Today it's 263,900. Commissioner Sarnoff 263? Mr. Mensah: Two sixty-three. Commissioner Sarnoff Okay. Mr. Mensah: That's the median price, right? Mr. Hernandez: Okay. The understanding is that the agreement called for $200, 000 at the time. Chair Sanchez: But today you get discount prices. Commissioner Sarnoff Well -- all right. There are 25 apartments set aside for some affordability qualification. For the people just sitting here and watching and want to stream down there and purchase something, what would that number be? Commissioner Regalado: And what are the requirements because a lot of people don't qualify? Mr. Hernandez: Commissioner, it would be $200, 000, per the agreement. Commissioner Sarnoff Two hundred -- so there would be 25 units available at the amount of $200,000? Mr. Hernandez: Yes, sir. Commissioner Sarnoff And now Commissioner Regalado has a question, which is probably pretty -- Commissioner Regalado: And the question is who would qualify for it? Mr. Hernandez: Qualifications. Commissioner Gonzalez: The other question is are these one -bedroom apartments or City ofMiami Page 42 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 two -bedroom apartments or what? Lisa Mazique (City Manager's Office): They're one- and two -bedroom units. Vice Chair Spence -Jones: Put your name on the record. Ms. Mazique: I'm sorry? There're 81 units in total that -- Chair Sanchez: Name on the record. Ms. Mazique: -- we have subsidized. Lisa Mazique -- Commissioner Gonzalez: They're one -- Ms. Mazique: -- Office of City Manager. Commissioner Gonzalez: -- and two bedrooms? Ms. Mazique: Yes, sir. Commissioner Gonzalez: And they're both of the same price, 200,000? Ms. Mazique: I believe that they are -- starting price is worth 200, 000. Commissioner Gonzalez: Oh, they're starting at 200,000? Ms. Mazique: But not to exceed 237, which is the 90 percent of the median income -- Commissioner Gonzalez: Yeah. Ms. Mazique: -- per our agreements. Commissioner Gonzalez: Yeah, I got that. All right. Commissioner Sarnoff So the next question is how many of the 25 we reserved are one -bedroom and how many of them are two bedrooms? Ms. Mazique: That number we did not break down, Mr. Manager. Mr. Hernandez: Commissioner, that information I don't have. Commissioner Sarnoff So could be we only reserved one -bedrooms or we set aside some two -bedrooms or --? Mr. Hernandez: I would suspect that's a -- there is a mixture of that. The -- they had already contracts on 60-some units, and they had -- they were going forward with the closing on those units; and the remainder would be a mix of one- and two -bedrooms. Commissioner Sarnoff And we've protected ourselves in terms of the ones that we've set aside for affordable in the event a person were to -- and I don't like this word, butl don't know another word for it -- flip the unit, the City would get reimbursed back percentage numbers of the 1.8 million we put into the project? Mr. Hernandez: That's totally correct. City ofMiami Page 43 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Chair Sanchez: They can't -- Vice Chair Spence -Jones: They can't flip -- Mr. Hernandez: We have a -- Chair Sanchez: Cannot. Vice Chair Spence -Jones: -- the units. I mean, that's what -- Commissioner Sarnoff No. I think you can flip. Mr. Hernandez: On the 25, we do. We have a 30-year covenant running with the land on the 25 units. Commissioner Sarnoff Right. I don't think you can restrict a person from flipping it; you just get your money back. Mr. Hernandez: Exactly. And it stays -- Commissioner Sarnoff The City get its pro rata portion -- Mr. Hernandez: Right. Commissioner Sarnoff -- of 25 units divided by one point -- 25 into 1.8 million; they get their percentage back based on the number of years into the 30-year covenant. Mr. Hernandez: Correct. If they were to sell it in three months, we would be getting back $72, 000 on a unit. Commissioner Sarnoff Right. Mr. Hernandez: If the person lives in that unit three years, we only get 90 percent of that back. Commissioner Sarnoff Okay. Mr. Hernandez: It depends on how much time they actually live and invest in the unit. Commissioner Sarnoff And I think it's important for the people listening, Mr. Manager, to know that you inherited this situation. At the time that this money was let to the developer, there were no restrictions on the use of the money and no restrictions on the exchange or flipping of these units -- Chair Sanchez: Correct. Commissioner Sarnoff -- and it's only because of your efforts that you're able to bring the horse back into the barn. Mr. Hernandez: Commissioner, you're totally right. And we were able to, in a way, I would say, take advantage of the fact that the project was delayed. And by adding these extensions and facilitating the completion of it, we're also placing restrictions that are now our policy on a project that didn't have any when it started. Commissioner Sarnoff Well, I think you did a very nice job on that because I know that you didn't want to get into a situation of being criticized and it wasn't your project and it wasn't your City ofMiami Page 44 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 decision. Mr. Hernandez: Thank you. Chair Sanchez: All right. It's a resolution. There's been a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, resolution is approved, 5/0. All right, that should take care of -- City ofMiami Page 45 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 2:00 P.M. ES.1 08-00416a Office of the City Attorney EXECUTIVE SESSION EXECUTIVE SESSION UNDER THE PARAMETERS OF F.S. §286.011(8) [2007], THE PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE OF JERRY FRANK TOWNSEND, ET AL. V. CITY OF MIAMI, ET AL., CASE NO. 03-21072-CIV-JORDAN, PENDING IN THE UNITED STATES DISTRICT COURT, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN JOE SANCHEZ, ANGEL GONZALEZ, MARC SARNOFF, TOMAS REGALADO, AND MICHELLE SPENCE-JONES; THE CITY MANAGER, PEDRO G. HERNANDEZ; THE CITY ATTORNEY, JULIE O. BRU; ASSISTANT CITY ATTORNEY, WARREN BITTNER; AND ASSISTANT CITY ATTORNEY MARIA J. CHIARO. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 08-00416a Cover Memo.pdf 08-00416a Notice to Public.pdf DISCUSSED Chair Sanchez: Good afternoon, ladies and gentlemen. The City ofMiami Commission is back in order. We hope that you or all those who attended the Mayor's City address enjoyed it. We are back. The order of the day, the next item on the agenda is an executive session that was scheduled for 2 o'clock. Let me just read this for the record, and then we will go over to the Chairman's conference room for this executive session. On April 10, 208 [sic], under the provision of Section 286.011, paragraph 8, the City Attorney requested that this Commission meet in private to discuss pending litigation in the case of Thompson [sic] Jerry versus the City ofMiami, case number 03-21072. The City Commission approved the CityAttorney's request and will now at -- and will meet at approximately 2:51, commence a private attorney -client session under the perimeters [sic] of Florida Statute 286.0111-8 [sic]. The private attorney -client session will conclude at approximately -- we don't know. We anticipate taking maybe ten minutes to half an hour. At which time, the regular Commission meeting will resume. The session will be attended by the members of the City Commission: the Chairman, myself Angel Gonzalez, Marc Sarnoff, Tomas Regalado, and Vice Chair Michelle Spence -Jones; the City Manager, Pedro G. Hernandez, and the City Attorney Julie Bru, Deputy City Attorney Maria J. Chiaro and Deputy City Attorney Warren Bittner. A certified court reporter will be present to ensure that the session is fully transcribed and the transcript will be made public upon the conclusion of the litigation. So at this time, we will excuse ourselves and head over to my conference room for a executive session. City ofMiami Page 46 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 [Later... Chair Sanchez: All these has to be properly documented. The meeting will not be held in my office; it will be held in the Mayor's -- I mean, the City Manager's conference room, okay? The reason why it is in -- all has been set up at his conference room, so the executive meeting will be held in the Manager's conference room, not in my conference room. Thank you. City ofMiami Page 47 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 RESOLUTIONS CONTINUED RE.7 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 Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chair Sanchez absent, to defer item RE.7 to the Commission meeting currently scheduled for May 8, 2008. Vice Chair Spence -Jones: Chairman Sanchez just stepped out for a moment, so we're going to go ahead and continue the meeting. At this time, we're looking at -- we just completed our sunshine [sic] meeting, but we're going to go into RE.7. Commissioner Sarnoff I'd like to make a motion for continuance on RE.7. Commissioner Regalado: Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. Now when we continue it -- Commissioner Gonzalez: Now we got to PZ.3. Vice Chair Spence -Jones: Well, Madam City Attorney, you have a comment on this, at all? Julie O. Bru (City Attorney): Well, it was continued to the next regular agenda. Vice Chair Spence -Jones: Okay, no problem. City ofMiami Page 48 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 PART B Chair Sanchez: Why don't we take care of some of the PZ (Planning & Zoning) items; get some of the noncontroversial PZ items out of the way. In that way, we move the agenda along. Let's go ahead and -- Pedro G. Hernandez (City Manager): Mr. Chairman, if you allow me, I have two items on the Planning and Zoning agenda to be continued. Chair Sanchez: All right. Wait. Before you do that, Madam Clerk -- I mean, Madam Attorney, let's go ahead and read the statement into the record as to the procedures pertaining to Planning and Zoning, and then, ladies and gentlemen, each and every one of you who will be testifying in front of this Commission must be sworn in by the County -- by the City Clerk. So Madam Attorney, let's read the procedures into the record, and then we'll have the City Clerk swear in all those that'll be testifying in front of this Commission. Julie O. Bru (City Attorney): Mr. Chairman, the PZ items shall proceed as follows: Before the Planning and Zoning 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, a special exception, vacation, text amendment, zoning change, a land -use change, a MUSP (Major Use Special Permit), and make its recommendations. The appellant or petitioner will then present the request. The appellee, if applicable, will present its position. Members of the public will be permitted to speak on certain petitions. Petitioner may ask questions of staff. Appellant, or petitioner will be permitted to make final comments. Chair Sanchez: All right. Madam Clerk, can we swear in all those that'll be testifying? Priscilla A. Thompson (City Clerk): If you are going to be testifying on any PZ items, I need you to please stand up so I can swear you in. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chair Sanchez: All right. Before we go on, do we have any PZ items that'll -- that the applicant or the other side will be requesting for continuance or deferral? Mr. Hernandez: Mr. Chairman, PZ.11 and PZ.15. We're asking for PZ.11 to be continued to -- that would be May 22, which is the next P&Z agenda. Chair Sanchez: Yes. Mr. Hernandez: And PZ.15 to be continued to the May 8 agenda. Chair Sanchez: All right. Any other items? And the reason why I do this, as the Chair, is that there are times you know that the item is not going to come up to this Commission, and it is totally unfair to have people sitting here for hours on an item and then you ask that that item be continued. People sure have better things to do than sitting here, probably either at work or with their family or taking care of their loved ones. So once again, I'm going to ask, are there any PZ items that they're asking for a continuance or a deferral? Vice Chair Spence -Jones: No, Mr. Chairman, but I would like for PZ.9 and 10 to be heard after 2. City ofMiami Page 49 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Chair Sanchez: PZ.9 and -- Vice Chair Spence -Jones: And 10 -- Chair Sanchez: --10 -- Vice Chair Spence -Jones: -- to be heard after 2. Chair Sanchez: -- after 2. Vice Chair Spence -Jones: Yeah. Thank you. Chair Sanchez: All right. Okay. Let's take up PZ.1 and PZ.2. That's a land -use change. It is on second reading. Ms. Thompson: Chair? Chair Sanchez: Yes. Ms. Thompson: I'm sorry. Can we get a vote on those items that you wanted to continue? Chair Sanchez: Oh, okay. Need a motion and a second. Motion is -- Vice Chair Spence -Jones: So moved. Chair Sanchez: -- made by the Vice Chair, second -- Vice Chair Spence -Jones: So moved. Chair Sanchez: -- by Commissioner Regalado. No 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 07-003911u ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, 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 21ST TERRACE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 50 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 07-003911u - PAB Supporting Documentation.pdf 07-003911u CC Land Use Map.pdf 07-003911u Aerial Map.pdf 07-003911u PAB Reso.PDF 07-00391Iu CC Application Supporting Documents - OLD.pdf 07-003911u CC Legislation (Version 2) - OLD.pdf 07-003911u & 07-00391zc Exhibit A.pdf 07-00391Iu 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 07-00391 Iu-Submittal-Photog raph. pdf 07-00391Iu-Submittal-Petition Signatures.pdf 07-00391Iu-Submittal-Declaration of Restrictive Covenants.pdf 07-00391Iu CC Application & Supporting Docs - UPDATED.pdf 07-00391Iu CC FR 02-28-08 Fact Sheet.pdf 07-00391Iu CC FR 03-27-08 Fact Sheet.pdf 07-00391 Iu-Submittal-Photos.pdf 07-00391Iu-Submittal-NOT In Favor Signatures.pdf 07-00391Iu CC SR Fact Sheet.pdf LOCATION: Approximately 1252, 1262 and 1272 SW 21st Terrace [Commissioner Joe Sanchez - District 3] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Ive Group One, 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 Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Regalado Absent: 2 - Commissioner Sarnoff and Spence -Jones 12987 Chair Sanchez: All right, let's go to PZ.1 and PZ.2. All right, sir, you're recognized for the record on the zoning item. Harold Ruck (Planner II): All right. Good morning. Harold Ruck, with the Planning Department. This is a companion item with PZ.2 for second reading. This is a land -use change, and this is for consideration of amending ordinance number 10544 of the Miami Comprehensive Neighborhood Plan by amending the future land use plan map for the properties located at approximately 1252, 1262, 1272 Southwest 21 st Terrace, Miami, Florida, from single-family residential to restricted commercial. Planning Department recommended denial. Planning Advisory Board recommended denial on April 4 of '07 and City Commission passed on first reading March 27 of '08. Thank you. City ofMiami Page 51 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Chair Sanchez: All right. Mr. Applicant, you're recognized for the record. Ben Fernandez: Yes. Mr. Chair, members of the board, Ben Fernandez, 200 South Biscayne Boulevard with Bercow, Radell, and Fernandez, here on behalf of the applicant, the Ive Group, LLC (Limited Liability Company). We'd just like to say that since the first reading, we have amended the covenant, as per Commissioner Sanchez's instructions, to provide for additional landscaping along Southwest 21 st Terrace, consisting of frees with at least a four -inch DBH (diameter at breast height) time of planting, and the rest of the covenant remains as it was originally. We're tied to the site plan, and we're also commissioning a local artist that will provide a mural on the east facade of the building that will be submitted with our Class II Special Permit application, which is a requirement that we still have to comply with. So this is just the first step in getting this project approved. We will be submitting a Class II Permit and that will contain the plan essentially that you've seen here but with the mural that we are proposing for the east facade. Maria J. Chiaro (Assistant City Attorney): Mr. Chairman, before you go on, I just want to make sure that the record is very clear. There will not be a mural on the building. There will be art on the building. 'Mural" is a term that is defined in another ordinance, so it won't be a mural. There will be an artistic rendering on the building. Mr. Fernandez: I'm sorry. That's true. That's a recent ordinance. It's not a mural. It's not a commercial advertisement. Chair Sanchez: Okay. I'm glad we've clarified that. Listen, on this item, it's in front of us on second reading. The only thing that I would like to ask -- and maybe work through the Administration -- is making it a requirement that the covenants get to us before the second reading. I think there has to be an opportunity -- because, you know, covenants are presented on second reading at the last minute. It really isn't fair. The process isn't fair. Because people need to understand what the covenant is all about. I mean, they hear it on the record here, but one -- saying one thing is one thing and having it written on paper is another thing. So I'm going to work with the Administration, I'm going to work with Legal to make sure that all covenants are attached before second reading. In other words, they're attached to second reading, and they have ample opportunity to have the public review those covenants, okay? I think this project, we've been working at it for years. I think there is a mutual agreement between the residents and the development [sic], and the site has been modified many, many times. And, of course, at the last Commission meeting it received a 5/0 vote of approval with reference to the covenant. So is there any -- anyone from the public wishing to address this item, please step forward and be recognized. The public hearing is open. Sir, you're recognized for two minutes. Luis Herrera: My name is Luis Herrera. I'm the president of the Vizcaya Homeowner Association. Already, for a long time, we fried to saving the single-family home; and we all the time the minority against changing zoning, and when you people going in election for majority, you win and be sitting in there. Now we are the majority and we losing it. I want you to recognize the voting you had before and deny this particular place to change it a single-family home to commercial. It's simple. Why the neighborhood is against it and you approve it all the time? And you got you professional people say deny and deny, and you still, when it come in front of you, you approve it. Thank you. Chair Sanchez: Thank you. Next speaker. Barbara Bisno: My name is Barbara Bisno, 1000 Venetian Way, Apartment 603. I would like to join with Luis in asking this Commission not to approve this rezoning for the following reasons. There is a -- first of all, the neighborhood's history with covenants is that there was a covenant on the United Way property that it would never be developed as it is. It was and nothing was City ofMiami Page 52 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 done with it. Your request, Commissioner, that we see the covenant before the final vote is crucial, it seems to me, and perhaps it should only be deferred instead of denied today. But in any event, the professional planners vote recommended to this Commission that it not be approved, and the reason is this is a single-family residential street. The developer had purchased the corner next to it some time ago; the neighborhood protested, said it was going to be the beginning of a domino effect; the Commission didn't listen, and that property is going to be developed as commercial. The developer, I believe, has said it's going to be townhouses and not commercial. Why, then, are they asking for the rezoning to commercial? It makes no sense. The -- across the street it's single-family, the rest of the street is single-family, until you get to the corner where the Cancer Society building is. This is a -- this is an opportunity for the Commission to say, you know what, we're not going to let a developer go piece by piece by piece to destroy a single-family residential street because after this, across street they're going to go one, two, three. It's unnecessary to seek this particular rezoning when all they say they want is a townhouse. And the covenant, we don't see the covenant so we don't know how it's going to be enforced. And the neighborhood strongly opposes further commercialization of that street. Thank you. Chair Sanchez: Thank you. Next speaker. Judith Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I second the remarks made by Ms. Bisno and by Luis Herrera. This -- I've worked with this neighborhood on this issue for several years. I know that the neighbors are vehemently opposed to it. The developers fried to wear them down, promising this and promising that. It's totally inappropriate. And Mr. Sanchez, there's something I wanted to say to you in particular. I was at the last Commission meeting, and I heard you -- you know, when Miami 21 came up -- and I heard both you and Mr. Gonzalez talking about it and the difficulties that have come about; and you said that under Zoning Code 1100 [sic], the developers are grabbing up every piece of land and building buildings as fast as they can. Chair Sanchez: That's right. Ms. Sandoval: They wouldn't be able to do that if you didn't vote in favor of their petitions before this Commission. Now, this has been recommended denial by your own Planning board. I've been coming to these meetings for many years, and I remember -- here we have a recognition coming forth today ofMr. Teele. Mr. Teele was a very brilliant man, and I liked him a great deal. He ran this Commission very well, no matter what else he did. And in those days, the recommendations of the Zoning Board, the Planning Advisory Board, and the City Commission were followed by the Commission. I don't know what's changed, butt would like you -- to ask you to deny this petition and follow the recommendations of your boards and your Planning Department. Thank you. Chair Sanchez: Thank you. Next speaker. Guillermo Acosta: Good morning, Commissioners. My name is Guillermo Acosta, and I live at 1320 Southwest 20th Street. I have been living in that house for about 14 years now, and I am also against the development for the following reasons. I believe there'll be too much traffic on 13th Avenue and this Coral Way Elementary and Middle school is already overcrowded. They're adding more portables, if you haven't driven by and notice it; and I believe the buildings that will be built will add more kids and traffic to an already -overcrowded school and an overcrowded avenue. Thank you for your time. Chair Sanchez: Address some of the issues. Mr. Fernandez: Sure. Commissioner, with respect to Ms. Bisno's comments, although I'm sure they're well intentioned, I don't believe she was here during the first reading. This application is City ofMiami Page 53 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 not did a residential development. We are providing town homes as a liner to create a transition into the residential neighborhood. It is primarily a commercial development with retail on the ground floor, offices above. It's going to provide the structured parking garage that this five points area sorely needs. The problem that is ubiquitous along Coral Way is the lack of parking for retail establishments because they're all old. They were all built in the '20s and '30s. They lack parking. They don't conform with today's Code, and the only way you can accommodate a structured parking garage in this area is by rezoning the back lot to create the depth that's adequate to provide ramps, et cetera, for the structured parking garage. With respect to the impacts on schools, it's going to be negligible. They're -- we're providing three townhomes along the back of this project. It would essentially be doing the same thing that would happen if they were to be developed under today's zoning, so we really don't believe that these comments are appropriate. The project has been reviewed by staff. It's received favorable reviews, and we ask that you approve the application. Chair Sanchez: All right. Is there anyone else from the public wishing to address this item? If not, the public hearing is closed, coming to the Commission. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Mr. Chairman. You know, in the last meeting, we were told that the covenant had residential on 21 st Terrace, which was the same that we force and requested when the Ashton was built on Coral Way; and we had the townhouses on 22nd Terrace. How strong, Madam City Attorney, is the covenant, in terms of if they were not to build the residential, which is the townhome on 21st Terrace, would they lose all the zoning change? Ms. Chiaro: Yes. The covenant is tied to the plans that are on file, so it is directly tied to the -- specifically to the plans that are submitted and the alteration in those plans changes the action and, therefore, the zoning is null and void. Commissioner Regalado: And how long is it because --? Ms. Chiaro: Forever. It runs with the land. It will be filed in the public records. Commissioner Regalado: So it runs with the land? Ms. Chiaro: Yes. Commissioner Regalado: Should not they build townhouses, the zoning change goes? Ms. Chiaro: That's correct. Commissioner Regalado: Okay. Chair Sanchez: All right, no further discussion. Need a motion. Commissioner Gonzalez: I move to approve. Chair Sanchez: There's a motion with a covenant. Commissioner Regalado: With a covenant. Commissioner Gonzalez: With the covenant. Chair Sanchez: Second. Commissioner Regalado: Second. City ofMiami Page 54 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Chair Sanchez: No discussion on the item. It is an ordinance on second reading with the covenant. 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 adopted on second reading, 3/0. PZ.2 07-00391zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 38, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT TO "C-1" RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1252, 1262 AND 1272 SOUTHWEST 21ST TERRACE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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 07-00391zc CC SR Fact Sheet.pdf LOCATION: Approximately 1252, 1262 and 1272 SW 21st Terrace [Commissioner Joe Sanchez - District 3] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Ive Group One, LC City ofMiami Page 55 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 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 Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Regalado Absent: 2 - Commissioner Sarnoff and Spence -Jones 12988 Direction by Commissioner Regalado to the City Attorney to draftfor Commission consideration an ordinance stating that covenants may be reviewed at some level by lower boards that make recommendations to the City Commission, specifically the Zoning Board and Planning Advisory Board. Chair Sanchez: All right. PZ.2 is a companion to PZ.1. Commissioner Gonzalez: I'll move PZ.2. Chair Sanchez: Well, let's put something on the record as to it. Roberto Lavernia (Chief of Land Development): Yes. For the record, Roberto Lavernia, with the Planning Department. Yes, PZ.2 is a companion item. PZ.1 is the zoning change, which is, I think, the one that it should be added the covenant under PZ.2. The Planning Department is recommend denial of the change based on the commercial intrusion into residential neighborhood and the transition from the commercial to the single-family area. Once those things are take out with the covenant, now we know that it's going to be residential and not commercial on 21 st, and also that we have the transition with this project, Planning Department have no objection to the change. Chair Sanchez: All right. Mr. Lavernia: Also, we have -- in Coral Way we have a requirement for a Class II, so anything that is going to build in those property has to come to the Planning Department and we will be enforcing the covenant. Thank you, sir. Chair Sanchez: Okay. This requires a public hearing also. I think you've touched on the issue. Anyone else that wants to speak on the item, of course, we offer you the opportunity. The public hearing is open. Anyone who wants to come up and elaborate on this? If not, Mr. Herrera. Luis Herrera: Only I want to say, the neighbors is against the project, and you use the abuse of power to change the zoning in residential area. That's what only I got to say. It going to be in the record too. Thank you. Chair Sanchez: Mr. Herrera, let me say on the record too that not all the residents are against that project. Mr. Herrera: The residents that I have it in the -- City ofMiami Page 56 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Chair Sanchez: Sir, with all due respect, you had opportunity to talk. Not all the neighbors are against that project. Not all the neighbors are against that project. I've had an opportunity to talk to some of the neighbors. Of course, I can't discuss the item because of the Jennings Rule, but if you look at this project, this has been five years that we've been working on this project. I didn't support it a couple of times. As a matter offact, I didn't support it with the previous owners because it was going to be large scaled. It was going to be commercial. It was going to be residential. And basically they wanted the parking lot flat in the back. It was a horribly [sic] design. That would have been detrimental to that neighborhood. The design of this building, as it is right now with its office space, we have additional parking because -- parking continues to be the biggest problem at five points, okay? And if you look at this, the buffer, which is the townhouses in the back -- listen to this because I think you -- you have an opportunity, more than anybody here, to know this project better than anybody because you've met with them, you've seen this project many times. If you look at this project from 20th Street, from the sidewalk, it goes back -- it's 120 feet between the sidewalk and the south side of 21 st Terrace. That's 120 street [sic] from the sidewalk to the big mass of the building, which that area there is commercial; they could build there. So the mass is built on Coral Way. This project, compared to all the other projects, is much smaller scale than all the other projects, and the parking lots are not in front of the townhouses. In other words, they're parked in the back where they hide their cars, leaving a buffer for the residential and itself. So when you look at that area there, what's happening there, this is the best project for that area. That's your opinion. You represent your homeowners association. I don't even know how many members you have in your homeowners association, but I could tell you that I've also received people that have supported this item. And when it comes in front of us and we're able to work it out and pass it through here, you have every right to disagree with us; but at the end of the day, it's about quality of life and improving that neighborhood. I think this project improves that neighborhood compared to what you could end up having there under the existing 11000 right now. But you had an opportunity to speak. I just wanted to address your issues because, you know what, I welcome anyone to come to my office and sit with me and address the issue. What I don't tolerate is people going out there and lying to people and giving them wrong information. Because whenever I speak here, and whenever we speak here in this Commission, I have to speak from the records. I can't tell you -- I can't pick a number from the sky, and I can't tell you how the project's going to be. Everything has to be based on the facts. Unfortunately, there are those that do not follow the same rules, and they go out there and they mislead people. So any of your homeowners association, whether it's two members or a thousand members that want to meet with me in my office, my office is always open to those that want to sit down and go through the project. At the end of the day, I think it's a good project, I think it's good for the community, I think it's good for the neighborhood, I think it's good for Miami, and that's why I supported that project. I take my decisions based what I think is best for this community. You may not agree with them. As a matter offact, you've never agreed with many of my decision, but that's the beauty of democracy. No. You've had your opportunity to talk. I just wanted -- because I never have a chance to talk to you; you always turn your back on me. You had your two minutes. Commissioner Regalado. Commissioner Regalado: One of the problems is that it's very difficult to not recognize what the Zoning Board and the Planning Board does, and Madam City Attorney, it's understandable because they cannot have the covenant, butt guess the decision was made because they will be doing residential on a residential street and, of course, the smaller scale of the project. But how can we remedy because the Zoning Board is voting and the Planning Board is voting without the knowledge of the covenant? And now, if they know what we know now, would they have voted different? And that is something that we need to address because they do not have all the information. Now, I would not have supported that had not had the townhouses on the residential. That's for sure. But help me understand why there is the perception that we need to go opposite the Zoning Board and the Planning Board if they didn't have the information that we had. City ofMiami Page 57 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Chair Sanchez: Lourdes. Somebody needs to answer the question. Ms. Chiaro: I don't know how the Planning Board would have recommended nor do I know how the Zoning Board would have recommended if they had seen the covenant. They make the recommendation to you based on the presentation that's made before them. They are advised of what the project will be and they give you a recommendation. The recommendation from both of the lower boards are advisory to you. It is part of your evidence to consider. Commissioner Regalado: But that was not the point. The point is that did the Planning and the Zoning boards saw the renderings with the townhouses in the back and no parking structure and no --? That's my point. Chair Sanchez: I'm sorry. Ana Gelabert-Sanchez: Ana Gelabert, Planning director. The Planning Advisory Board or the Zoning Board cannot consider the covenant, so when they make a decision it has to be based on what the applicant is requesting. The same way when the Planning Department, when we are denial, like Mr. Lavernia just stated, has to be based on the recommendation because we do not - - on the request -- have the authority to approve the covenant; that's only the City Commission. So at this point, when they have to make a decision, even if they see it or do not see it, they cannot consider it; that's only up to the City Commission. That's why when many times we say this denial, but then after considering the project, if the Commission decides to approve the covenant, the Planning Department does not have a problem because we've been able to mitigate those concerns that we had when we were saying denial. Again, it goes back to you are the only one that has the power to approve or disapprove a covenant. Commissioner Regalado: Well, I feel very uncomfortable with that because I think that the people on the Zoning Board and the Planning Board really deserve information. And I will tell you, the only experience that I have in District 4 is the Ashton on Coral Way and 29th and the fact that there was a covenant and the fact that there are townhouses and that street works very well. Now, 22nd Terrace it has residential and small townhouses, and it is residential, completely residential. But there was a covenant that was proffer and there is no parking structure and no -- and the building, it's on Coral Way; not on the back. But I just want to understand why do we need to be perceived as going against the citizens' board, if they don't have the information that we have? If we can not -- if you cannot tell them, well, you know, if we don't build the townhouses and we keep the residential, they will lose their zoning. That's my question, and I guess -- is it possible to change that? Ms. Chiaro: Is it possible to change the procedure whereby the Zoning Board or the Planning Advisory Board could consider a covenant in making the recommendation? Is that your question? Commissioner Regalado: Yes. Ms. Chiaro: Yes, it is possible to change that. Commissioner Regalado: Well, you know, because the people really deserve to understand the process because the people have been on the Planning Board and the Zoning Board and before the City Commission, and it's unfair to have this process without information to the Zoning Board and to the Planning Board. It is very unfair and it's very uncomfortable for this Commission too. Ms. Chiaro: The ordinance has been in its present form for many years. There is a slightly different procedure that is used at Dade County from time to time. That proposal has been considered here. We can draft an ordinance for you to, again -- you, the City Commission -- City ofMiami Page 58 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 consider so that the covenants may be reviewed at some level at the lower boards that are making the recommendation to you, if that -- Commissioner Regalado: And we should do an -- with your permission, Mr. Chairman, I would like to request that the City Attorney draft an ordinance for us to consider because it's unfair for the boards not to have the possibility that we have in terms of deciding if, at that time they want to approve or deny, that's their purview. Ms. Chiaro: We will take care of providing that -- Chair Sanchez: All right. Ms. Chiaro: -- draft, work with the Planning Department so that it can be presented to you as soon as we can get it through the process. Chair Sanchez: All right. The public hearing had been closed and we go now -- we need a motion. Commissioner Gonzalez: I did -- made a motion. Chair Sanchez: There's a motion by Commissioner Gonzalez -- Commissioner Regalado: Second. Chair Sanchez: -- second by Commissioner Regalado. It is an ordinance on second reading. Read the ordinance into the reading -- 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: All right. Commissioner Gonzalez: Roll call. Chair Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Regalado? Commissioner Regalado: Yes, with the covenant. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Thompson: Then Chair Sanchez? Chair Sanchez: Yes, ma'am, with the covenant. Ms. Thompson: The ordinance has been adopted on second reading, 3/0. Chair Sanchez: All right. Let's -- Ben Fernandez: Thank you. PZ.3 08-00153v RESOLUTION City ofMiami Page 59 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 19, SECTION 1901, ARTICLE 4, SECTION 401, TO ALLOW A REDUCTION OF REQUIRED SETBACKS, TO ALLOW A REAR YARD SETBACK OF 7'0" (20'0" REQUIRED), FOR THE PROPERTY LOCATED AT APPROXIMATELY 1520 NORTHWEST 24TH AVENUE, MIAMI, FLORIDA. 08-00153v Analysis.PDF 08-00153v Zoning Map.pdf 08-00153v Aerial Map.pdf 08-00153vApplication & Supporting Docs.PDF 08-00153v Plans.PDF 08-00153v ZB 03-10-08 Fact Sheet.pdf 08-00153v ZB Reso.PDF 08-00153v Appeal Letter.PDF 08-00153v CC Legislation (Version 3).pdf 08-00153v CC Legislation (Version 4).pdf 08-00153v Exhibit A.pdf 08-00153v CC Fact Sheet.pdf 08-00153v-Submittal-Public Hearing Documents.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, Samoff, Sanchez, Regalado and Spence -Jones R-08-0228 Vice Chair Spence -Jones: Okay, we're going to move on to PZ.3. Staff. Roberto Lavernia (Chief of Land Development): For the record, Roberto Lavernia with the Planning Department. PZ.3 is an appeal of a variance that was denied by the Zoning Board with a vote -- a tie vote 4/4. The Planning Department recommend denial for no hardship. It was an extension of a grandfather in sfructure built in the '30s and they continue the same line, and they should maintain the actual setback of 20 feet in the back. Commissioner Gonzalez: Okay. Mr. Lavernia: That's why -- Commissioner Gonzalez: Could you repeat that about the grandfather? Mr. Lavernia: -- there was an existing sfructure grandfather in built at the back of the lot. Commissioner Gonzalez: Right. Mr. Lavernia: There was an addition done, and we don't know -- Commissioner Gonzalez: To that portion -- Mr. Lavernia: To that sfructure. City ofMiami Page 60 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Commissioner Gonzalez: -- that was grandfathered in; they made an addition to that? Mr. Lavernia: They make an addition. Somebody did an addition. We have no records when was done or by who because there's no building permit track, and the addition maintained the same line as the grandfather structure had. They should do the addition, respecting the setback that is required today. That's why there is no hardship; we recommend denial, and the Zoning Board recommend denial. Manuel Mesa: Good afternoon. My name is Manuel Mesa. I'm here on behalf ofMrs. Tovar, who's the owner. Mrs. Tovar is present. And I have my children here with me, who are my assistants. They're going to give you some information that I would like, ifI -- Vice Chair Spence -Jones: Sir, can -- state your name and address for the record, please. Ms. Mesa: Yes. Manuel Mesa, with offices at 730 Northwest 107th Avenue, Miami, Florida. can have them pass them out to you? Vice Chair Spence -Jones: Can we make sure the Clerk also has a copy of that, please? Mr. Mesa: Yes, ma'am. Vice Chair Spence -Jones: Thanks. If I Mr. Mesa: Essentially, this structure was built in 1935. There have been three owners to this property. The initial lady who built it in 1935 and she was the owner until her passing in the early '90s. The estate sold it to a second gentleman, Mr. Urquiza. That gentleman sold it to Mrs. Tovar in 2004. Mrs. Tovar bought the house in the same condition that it was in, as far back as we can tell, in 1935. We don't know that the addition that was described by the gentleman previously actually was any different than what was built in 1935. We have the survey of when Ms. Tovar purchased it in 2004. It's in exactly the same condition. So just to be clear, she has not made any addition and she hasn't changed the sfructure. We also determined that Mr. Urquiza, the person that sold it to her, bought it the same way, and as far as back as we can tell, it was the same way in 1935. If a literal interpretation is made of the Code now, which was in effect after the structure was built, the line would go right through her kitchen; so essentially, they'd have to cut out a piece of her -- a major portion of her house. That is the hardship that we have. She is not seeking to do an addition now. This came up because she was trying to get a permit for a driveway, and apparently, the prior owner had gotten permits for fences and other things before; it had never come up; it came up now, and she was asked to address this, so that's why we're here. What we'd like to do is basically make legal what's been in existence since 1935. It's also important to note that the -- this house is set back, which is consistent with other houses that were built around the same period of time, so it doesn't really change -- there's no impact on the actual neighborhood. This house, it actually defines what the neighborhood looks like because there are other structures like that. This is a single family. There's no -- we don't have multiple families living there. It's not more than one kitchen. None of that situation. It's just literally an existing structure from 1935, which we think is grandfathered in and would not be rendered illegal by the subsequent Zoning Code. We would ask that you allow a relaxation of the setback to make this legal, obviously with the understanding that if they ever were to tear it down and rebuild a new sfructure in the future that would be subject to the new zoning codes that are presently in effect. And I think that would be the reasonable interpretation. So we ask that you please pass the resolution allowing us to make it legal. Chair Sanchez: Okay. This is PZ.3. It is a resolution. Is there a motion? Commissioner Gonzalez: I just want to ask a couple of questions. Is this house -- does the lady City ofMiami Page 61 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 lives [sic] in the house or she rent it out? Mr. Mesa: No. She lives in the house. This is her home. Commissioner Gonzalez: Oh, she owns and lives at the home? Mr. Mesa: Yes, sir. Commissioner Gonzalez: All right. Let me tell you, I want to congratulate her because I am very familiar with that neighborhood and the way that she keeps this home is really beautiful. I mean, what she has done in the front of the house, in the driveway, the -- you know, the landscaping, everything is very beautiful. Mr. Mesa: Thank you. Commissioner Gonzalez: So I think that will -- you know, what she has done actually is enhance the -- at least the block where she lives. It makes a tremendous difference. If you drive by that block and see every other home, you know, when you go by that house, it capture your, you know, attention; so I -- another question that I want to ask is if there is anybody from the neighborhood opposing to this the variance? Chair Sanchez: There shouldn't be any. Mr. Mesa: We ourselves -- we've -- Commissioner Gonzalez: All right, doesn't seem to be anybody; so you know, since -- actually, the portion of the house in the back had been grandfathered in for so many years, and I haven't seen them done [sic] anything really detrimental to the neighborhood, you know, to the contrary, they have done a lot to improve the property and improve the look of the block and the neighborhood, I'm ready to make a motion to approve the variance. Chair Sanchez: All right. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion and a second. Motion has been made by Commissioner Gonzalez, second by the Vice Chair. Before we debate or discuss the item, it requires a public hearing. It's a resolution, PZ (Planning & Zoning). Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, it comes back to the Commission. Any further discussion on the item? Maria J. Chiaro (Assistant City Attorney): I understand the motion to be granting the appeal. Chair Sanchez: Yes. Commissioner Gonzalez: Yes, ma'am. Chair Sanchez: And let me just add to this, which is very important; and I think that situations like this, there are certain districts that are affected more than others, okay? Look, this city needs to do a campaign to educate people that when they buy a property and they sign those papers as of right, they are assuming all the issues pertaining to that property. And you do have a lot of people that have owned their homes, like this young lady here, for years and years and years and years, and then either they want to be good citizens and they want to do what's right and they want to add onto their driveway or maybe they want to add a pool or they want to do something and they go to the City, acting in good faith, going through a process, and then when City ofMiami Page 62 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 they get to the City, bang; something's illegal, dah, dah, dah, dah, and then instead ofjust going through a permit ofjust correcting what you want to do, you have -- you're in a situation where - - you're put in a situation where you have to correct everything. So once again, we've talked about it. As a matter of fact, Commissioner Gonzalez, if I'm not mistaken, about two or three years ago, you were the one who pushed for a -- some type of initiative to have homes inspected before -- Commissioner Gonzalez: Before -- Chair Sanchez: -- they were sold -- Commissioner Gonzalez: Yeah. Chair Sanchez: -- to make sure that especially elderly people -- Commissioner Gonzalez: Right. Chair Sanchez: -- that may not have a daughter or a son or somebody who -- a caretaker to look over those documents, because once you sign and then you sign as -is, then you assume all the liability, you assume all the responsibility. So maybe that's something that we can look into so we are not faced with this situation. Commissioner Gonzalez: And it was voted down. I propose that, I think it was four years ago, because that would save a lot of problems from, you know, people that are buying new homes that they believe that they're buying a house that is completely legal; and after they buy it, they try to do improvement on the house; and when the inspector goes through the house, exactly what you say, hey, you know what, this is illegal, that is illegal, the other thing illegal; and now you're the owner of all the illegal things that somebody else did in the past, and then you have to correct it, so you know. Chair Sanchez: All right. Commissioner Gonzalez: So at the time, nobody wanted to approve it, so -- Chair Sanchez: Well, maybe it's another -- maybe it's something that you can bring back up and maybe the votes are there for it, especially now when I think the City could handle it because the market is slow and it may be the perfect opportunity for us to create such a safeguard for people who buy property within the City. Okay, PZ.3 is a resolution. The public hearing has been opened and closed. This come [sic] back for a discussion. It is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Congratulations, ma'am, and thank you so much for your patience. Mr. Mesa: Thank you very much, folks. Chair Sanchez: Okay. Commissioner Gonzalez: And also let me add to the record on -- let me add to the record that it's a single-family home. There is no possibility, according to the -- Vice Chair Spence -Jones: Paperwork. City ofMiami Page 63 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Commissioner Gonzalez: -- site, there is no possibility of building any illegal houses or any illegal rooms or anything, so you know, I look at all of those aspects. So that's the reason why I'm supporting the variance. Mr. Mesa: Thank you. Chair Sanchez: All right. Unidentified Speaker: Thank you. Chair Sanchez: Thank you so much. PZ.4 08-00135zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 9, SECTION 906.14, 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. Item #3 PAB- 0800135zt- Pet Hotel.pdf 08-00135zt PAB Reso.PDF 08-00135zt Legislation (Version 2).pdf 08-00135zt CC FR Fact Sheet.pdf 08-00135zt CC SR Fact Sheet.pdf 08-00135zt-Submittal-Photos.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 Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Noes: 2 - Commissioner Gonzalez and Spence -Jones 12989 Chair Sanchez: All right. PZ.4 is an ordinance on second reading. It passed on first with no opposition of any kind. Is there a motion? Commissioner Gonzalez: I'll move PZ.4. Chair Sanchez: All right. It's -- Commissioner Regalado: Second. City ofMiami Page 64 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Chair Sanchez: -- there's a motion by Commissioner Gonzalez, both second by the Chair [sic] and Commissioner Regalado. It is an ordinance on second reading. Is there someone in opposition here? Were you here the last time? David Leonardo: Yes, but didn't speak. Chair Sanchez: Oh, but you didn't speak, okay. Well, you're certainly recognized for a public hearing. You're recognized for the record. Mr. Leonardo: Okay. Well -- Chair Sanchez: But before we do that, just to try to keep some order, can you put something on the record pertaining to PZ.4? Lourdes Slazyk (Director): Yes. P -- for the record, Lourdes Slazyk, Zoning. PZ.4 is an ordinance to introduce the pet hotel as an accessory use to pet and pet supply stores subject to the limitations in the ordinance. Chair Sanchez: Okay. Sir -- Commissioner Gonzalez: I understand that there was a modification made to this ordinance? Ms. Slazyk: I'm not aware of any. I think it's another one coming up on the agenda, not this one. Commissioner Gonzalez: I tell you what, I withdraw my motion. Chair Sanchez: Oh, you withdraw the motion? Commissioner Gonzalez: Because I had understood, according to -- I had a meeting -- a briefing for the agenda and I thoughtl understood that there was a modification to the item, so - Chair Sanchez: All right. Well -- Commissioner Gonzalez: -- I withdraw my motion. Chair Sanchez: -- the motion is withdrawn. Need -- motion is dead. There is no motion on the table. We need -- Commissioner Sarnoff I'll make -- Chair Sanchez: -- another motion. Commissioner Sarnoff -- a motion to approve. Chair Sanchez: Motion to -- Commissioner Regalado: Second. Chair Sanchez: -- approve by Commissioner Sarnoff, second by Commissioner Regalado. We are opening the public hearing. Sir, you're recognized for the record, two minutes. State your name and address, please. Mr. Leonardo: Hi. My name is David Leonardo, and I reside at 4726 Northeast Miami Court, City ofMiami Page 65 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 in the Buena Vista area. I want to first state that I support 100 percent the intention of this ordinance and the goal of providing short-term boarding to pet owners closer to their residence. Today many of these facilities are regulated to industrial zones that are unfortunately less visited and in less desirable locations, making it difficult to conduct business in this industry. What I want to address, however, is a clause in this ordinance that will unfortunately negatively impact business owners by creating an unfair competitive advantage. This ordinance states that only those businesses that have over 20,000 square feet of retail, pet -related retail, would be able to offer boarding. The result of this clause will mean that only PetSmart and PETCO, the two largest retailers for pet -related products, would be able to provide short-term boarding for pets in liberal commercial zoning. I understand that the two main issues, when it comes to boarding, is noise and disruption of normal businesses, but this issue could be addressed in other ways other than just square footage of the retail space. I'm a member of the American Boarding Kennel Association, and this is something that's been addressed at a great length at our annual meetings; and Boston, New York, Chicago, LA (Los Angeles) have all been -- really new business owners have been able to introduce pet resorts with cage -less suites that can address a lot of these issues. While I support the intent of the ordinance, I ask that you revisit the criteria by which a business can offer boarding services in the zone, as we run the risk of putting many small business owners who are currently regulated to industrial zones out of business for the benefit of the big -box retailers. I want to pass -- ifI can, I just want to pass on a picture of what these high -end resorts are looking like across the country, what we would like to see come to Miami and in much more amenable zoning. Chair Sanchez: All right. No, no, no. City Clerk first, please. All right. Commissioner Regalado: Lourdes, is the purpose of this to allow a pet hotel in the shopping center that's been redone? Ms. Slazyk: I think there are actually two facilities in the City that would qualify right now. I think the purpose of the square footage -- remember, we modeled this ordinance -- I actually used Denver as a model. This is been -- being passed all around the country right now. The reason that we chose the bigger stores is because of the percentage of square footage. If you -- if small pet stores of 1, 000 or 1,500 square feet were to want to introduce this as an accessory use, it would be such a small square footage at a 15 percent ratio of their store that it would really only be one or two cages. I think I would be interested in looking at some other models. But at this point, it wasn't to introduce the boarding as a principal use; it's an accessory only. And the smaller the store gets, the smaller the percentage of the area for the boarding would be. And again, in a real small -- you know, let's say a 1, 000-square foot, you know, small pet place, that means 150 square feet for this. It's going to be one or two pets, if that, and we have not studied that issue. I only looked at the national model for the larger stores because this is just accessory. As a principal use, this Commission has said we want it in industrial districts; those - - that's where the kennels are allowed. If there's a different direction the City Commission would like for the pet boarding to be allowed in C-1, we could go back and draft another ordinance and bring it back to you. But this ordinance was intended just as an accessory use. And if the square footage isn't there, the area left for the pets is so small. We haven't studied what the impact of that would be to the animals. It could be cruel. I mean, I don't know enough about it to talk about the small places. We studied the big ordinances from around the country. And like I said, we used the Denver ordinance as a model for this. Chair Sanchez: Sir, you got about, you know, 15 seconds, if you want conclusion. Mr. Leonardo: IfI can just add something to that. Commissioner Gonzalez: Let me -- Mr. Leonardo: While I agree with what she says, I think there's a big difference between 20,000 City ofMiami Page 66 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 being the number and a thousand square feet. I think somewhere in between there would allow a business owner, like myself to open up a 15,000-square-foot facility or a 10,000 square foot and be able to provide and address all the issues that the committee needs. Ms. Slazyk: Right. The City Commission could reduce the square footage, you know, here -- Mr. Leonardo: But if -- Ms. Slazyk: -- if you deem -- Mr. Leonardo: All right. Chair Sanchez: All right. Ms. Slazyk: I -- like I said, I just used Denver, and the 20,000 was the number in the ordinance I used as a model. Chair Sanchez: All right. Let's -- are you done? Ms. Slazyk: Yeah. Chair Sanchez: Sir, are you done? Mr. Leonardo: Yes, I am. Chair Sanchez: Thank you so much. Okay. Anyone else from the public wishing to address this item? All right. The public hearing is closed, and it comes back to the Commission for discussion. Well, there -- we need a motion and a second. Well, the motion has been made and second, so it's under discussion. Commissioner Sarnoff you're recognized on the record for -- Commissioner Sarnoff What -- Chair Sanchez: -- PZ.4. Commissioner Sarnoff -- have you studied? In other words, there's a lot of law of unintended consequences, and I realize you've only -- have you only studied 20,000 square feet? Ms. Slazyk: I looked at some ordinances from around the country, and the Denver one was the one I liked the best because it had some of the other controls that we put in here. We can go back and look at some others, but they were all in the 15- to 20,000-square-foot range. Commissioner Sarnoff So if it -- Ms. Slazyk: Fifteen would be fine; I saw some with fifteen. Commissioner Sarnoff I was going to ask you, if this Commission lowered it to 15,000 square feet -- Ms. Slazyk: I'd be comfortable with that 'cause I've seen that one. Commissioner Sarnoff I'm going to modi -- if the seconder will accept it, I'm going to modify my motion to put an amendment to this to 15,000 square feet. Chair Sanchez: All right. There's a motion and a second to the original motion. There's a friendly amendment to reduce it fi^om 20,000 to 15,000. The item is still under discussion. Vice City ofMiami Page 67 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Chair Spence -Jones. Vice Chair Spence -Jones: Well, actually, that was going to be kind of my recommendation. I was going to actually ask for 10,000. Commissioner Gonzalez: Yeah. Ms. Slazyk: I hadn't seen -- Vice Chair Spence -Jones: That was going to be my rec -- 'cause, you know -- Ms. Slazyk: -- any with 10, but -- Chair Sanchez: All right. Ms. Slazyk: -- you know, we could start with 15, and let me keep looking, and we could always come back and tweak it, but -- Vice Chair Spence -Jones: Can -- do you mind, Vice Chair -- I mean -- Chair Sanchez: All right. A question -- Vice Chair Spence -Jones: -- Chairman? Chair Sanchez: -- through the Chair. You're recognized for the record. Commissioner Gonzalez: It's very difficult to find a -- one of these vet clinics that have 15,000, unless it is a major -- Vice Chair Spence -Jones: Yeah. Commissioner Gonzalez: -- type of business. And what we're doing is that we're limiting the possibility of the small people in this type of business. I mean, you know -- Mr. Leonardo: Just as a kind of an add -on -- Commissioner Gonzalez: And I don't know if -- Do you own pets? Ms. Slazyk: I had a dog; I don't anymore. Commissioner Gonzalez: Okay. Chair Sanchez: Had as in past tense? Commissioner Gonzalez: I have -- Ms. Slazyk: Had. Commissioner Gonzalez: -- had dogs all my life -- Ms. Slazyk: Yes. Commissioner Gonzalez: -- and I have had to visit I don't know how many vet clinics. And let me tell you, I haven't gone to one that is 20,000 or 15,000 square foot. City ofMiami Page 68 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Ms. Slazyk: Well, the clinics are not supposed to be boarding healthy animals. They're only supposed to be boarding them if they're sick. In our current ordinance today, if you are going on vacation and you want to leave -- and you can't find a family member for your pet, you have to go into the industrial districts and find a kennel to leave your pet. Most people -- Commissioner Regalado: Well, actually, no because we take our dog to South Beach. There is a pet hotel in South Beach, which is, by the way, the only one -- the closer to my home, so I have to go to Miami Beach. It's a very beautiful pet hotel. They -- it has a playground. It has -- you know, individual kennels, and -- Chair Sanchez: Masseuse. Commissioner Regalado: -- it cost a lot. Ms. Slazyk: In Miami -- Chair Sanchez: Pedicure. Ms. Slazyk: -- though, this doesn't exist. That's why we're introducing this now. Commissioner Regalado: Well, we do not have in Miami. Ms. Slazyk: No, we don't. Commissioner Regalado: I really checked because -- Ms. Slazyk: We don't. Commissioner Regalado: -- you know, I want to spend the money in Miami, but we have to go to South Beach. Actually, it's not an industrial area; it is the area -- it's residential because you have buildings, apartment buildings, condo, and then you have the pet hotel there. And you know, I wish that we could have -- the problem that I see with delaying this is that they are moving forward at least with the shopping center -- Ms. Slazyk: Yes. Commissioner Regalado: -- in Coral Way. They -- finally, they have heard the residents in the back, which is Coral Gate, and they're moving very fast in order not to disturb for so long the neighborhood. And if they cannot get the permission -- I mean, PetSmart is going to be there -- Ms. Slazyk: Right. Commissioner Regalado: -- with Bed, Bath & Beyond and Marshall [sic] -- they won't be able to do the pet hotel. Ms. Slazyk: Right. Mr. Leonardo: IfI can just add one thing. I think we all recognize that this industry has seen some revolutionary changes over the last five, ten years with the humanization of pets. What you're seeing now is 15,000-square-foot resorts, hotels with spa, pool, inside daycare; you know, drainage in the rooms that can provide this kind of boarding for your pets. What I'm saying is, in a 15,000-, 20, 000-square foot facility, that encompasses everything. By regulating only the retail portion to be 15,000, what you're then asking is for -- someone has to be in excess of 15,000 in order to do business here. City ofMiami Page 69 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Ms. Slazyk: If this Commission would like the Administration to bring forth an ordinance that allows the pet hotels as a principal use, we'd be glad -- I would ask that you move forward on this one and let us go back and study the issue. I -- I'm not prepared to speak on that now 'cause I haven't studied it as a principal use to find out all the conditions that would be appropriate. I - Chair Sanchez: All right. Ms. Slazyk: Yeah. If the Commission wants to reduce it to 15 or 10, that's fine -- Chair Sanchez: Well -- Ms. Slazyk: -- too. I mean, it really -- you can pick any number under 20,000 square feet because that's what was advertised, and let us look back at the -- as a principal use and bring something back to you. Chair Sanchez: But that could be later on. Ms. Slazyk: That could be later. Chair Sanchez: The ordinance that's in front of us is just -- the ordinance -- Ms. Slazyk: Right. And this is a national trend. I -- you know, there are cities all over the country that have done this. Chair Sanchez: And it's been -- Ms. Slazyk: I think almost every state has it already. Chair Sanchez: -- amended -- Ms. Slazyk: Yes -- Chair Sanchez: -- from 20,000 to 15,000. Ms. Slazyk: -- to 15. Chair Sanchez: Any further discussion? If it's voted down, then another Commissioner could come down with -- you know, can mention 10,000, and then we'll work our way down to a number that we could all agree on. Vice Chair Spence -Jones: Mr. Chairman, I just have -- Commissioner Sarnoff Yes. Vice Chair Spence -Jones: -- one question for Lourdes, though. Lourdes, the one that Commissioner Regalado mentioned in Miami Beach -- Ms. Slazyk: Miami Beach. Vice Chair Spence -Jones: -- had you -- have you guys, your staff had the opportunity to look at that one? Ms. Slazyk: No. But it sounds like that's a principal use. Remember, previous Commissioners to you decided that kennels, boarding of pets as a principal use, you wanted it in industrial City ofMiami Page 70 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 districts. If the will of the Commission and the polic -- Commissioner Regalado: But that one is a -- Ms. Slazyk: Is a principal. Commissioner Regalado: -- vet clinic, but not a pet store. Ms. Slazyk: Oh, okay. So they have it as accessory to a clinic. Commissioner Regalado: Yeah. Ms. Slazyk: We can look at that, too, butt studied one model for this, and I would ask that this move forward, and we'll keep looking at the other models. Chair Sanchez: All right. So the maker of the motion, with the amendment, are we still okay with the 15,000? Commissioner Sarnoff Yes, sir. Chair Sanchez: All right. Can somebody just call the question? All right. It's a reso -- it's an ordinance on second reading, as amended, 15,000. Madam Clerk, the motion was made by Commissioner Sarnoff, second by -- Priscilla A. Thompson (City Clerk): Commissioner Regalado. Chair Sanchez: Yeah. Hold on. The motion was made by Commissioner Sarnoff and second by Commissioner Regalado, with a friendly amendment from 20,000 to 15, 000 feet. Okay. Madam Attorney, read the ordinance into the record, as amended, for roll call. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chair Sanchez: All right. Roll call. Ms. Thompson: Roll call. Vice Chair Spence -Jones? Vice Chair Spence -Jones: I'm only saying no because I do think that we need to consider going lower, based upon my colleague, Commissioner Gonzalez. Also, I do think that we need to consider the smaller business owners that have been doing this in the communities, so I'm only saying no for that purpose. And, hopefully, staff will come back to look at 10,000 feet -- square feet instead. Ms. Thompson: Commissioner Gon -- Vice Chair Spence -Jones: So no. Ms. Thompson: I'm sorry. Commissioner Gonzalez? Commissioner Gonzalez: No. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. City ofMiami Page 71 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: Chairman Sanchez? Chair Sanchez: Yes, but I will entertain coming back if it's -- if it gets to a point where 10,000 is Ms. Slazyk: I think what we're going to do is come back with a lower number and add clinics to that, and -- Chair Sanchez: I just think we need to move forward. Ms. Slazyk: -- I just want to go look at some models. That's all. Chair Sanchez: I just think we need to -- Ms. Slazyk: Okay. Chair Sanchez: -- move forward. You're recommending -- Ms. Slazyk: Right. Chair Sanchez: -- the approval. There's a project out there waiting for this. This is an important ordinance that needs to move forward. I think you've come in here and you're happy with the amendment that we presented in some way or what, so that's why I'm supporting it. Yes, 3/2 -- Ms. Thompson: Okay. Chair Sanchez: -- for the record. Ms. Thompson: The ordinance has been adopted as modified on second reading -- Chair Sanchez: Yes. Ms. Thompson: -- 3/2. Pedro G. Hernandez (City Manager): Mr. Chairman, if you allow me. I think that -- you know, hearing the discussion on it and talking to Lourdes, I feel that the 10,000 is a reasonable figure. However, it would be best if we -- you allow us to go back and look at the vet clinics and so forth Chair Sanchez: Look -- Mr. Hernandez: -- and come back with -- Chair Sanchez: -- I was the deciding vote. Mr. Hernandez: -- another version. Ms. Slazyk: Yeah. Chair Sanchez: If you go back and you feel that it's within fair reasoning -- City ofMiami Page 72 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Ms. Slazyk: Yeah. Chair Sanchez: -- that we need to bring it back to 10,000, I'm prepared to support a 10,000. Ms. Slazyk: Perfect. Chair Sanchez: I just don't want to hold this ordinance back. Ms. Slazyk: No. We will because I want to look at adding the clinics, too, so -- Chair Sanchez: Okay. Ms. Slazyk: Okay. Vice Chair Spence -Jones: Thank you. Chair Sanchez: All right. So for the record, PZ.4, ordinance on second reading, passed 3/2, as modified. Ms. Thompson: Chair, ifI may -- Chair Sanchez: Yes. Ms. Thompson: -- request. Before we continue, I have a lot of new faces. Chair Sanchez: All right. Ladies and gentlemen, welcome to City Hall. We are on PZ (Planning & Zoning) items, which is planning and zoning, which require public hearing. If you will be speaking on an issue, it is important that you be sworn in. So at this time, for the remaining of the PZ items, anyone addressing this Commission, please stand up and be sworn in by the City Clerk. Ms. Thompson: Please 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: Thank you so much. Okay. That takes care of that. PZ.5 08-00172zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 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. City ofMiami Page 73 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Item #3- 08-00172zt_PAB 3.5.08.pdf 08-00172zt Legislation (Version 2).pdf 08-00172zt CC FR Fact Sheet.pdf 08-00172zt CC SR Fact Sheet.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on 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 ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones 12990 Chair Sanchez: Then we could move on with item number 5, PZ.5 -- Lourdes Slazyk (Zoning Administrator): PZ (Planning & Zoning) -- Chair Sanchez: -- also on second reading. Ms. Slazyk: This is second reading to amend the SD-2 Coconut Grove district to allow office uses on the ground floor of primary pedestrian pathways, subject to the conditions. Chair Sanchez: Okay. This item is on second reading. It did not have any opposition on first reading. But we need to open it up to the public. Anyone speaking on this item, in favor or against? We are on PZ.5. The public hearing is opened. Seeing no one, hearing no one, the public hearing is closed, coming back to the Commission. Need a motion. Commissioner Sarnoff So moved. Chair Sanchez: So moved -- Commissioner Gonzalez: Second. Chair Sanchez: -- by Commissioner Sarnoff, second by Commissioner Gonzalez. Discussion on the item. Hearing no discussion on the item, it's an ordinance on second reading. 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: All right. Roll call. Priscilla A. Thompson (City Clerk): Roll call. City ofMiami Page 74 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. PZ.6 08-00136zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 10, SECTION 10.6.3.6, IN ORDER TO INTRODUCE SECTION 10.6.3.6.1. VERTICAL SHOPPING CENTER SIGN REGULATIONS IN THE SD-6 ZONING DISTRICT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-00136zt PAB Reso.PDF 08-00136zt CC Legislation (Version 2).pdf 08-00136zt CC SR Fact Sheet.pdf Votes: 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 conditions* to City Commission on March 5, 2008 by a vote of 7-1. *See supporting documentation. PURPOSE: This will allow for greater flexibility of signs for vertical shopping centers including the use of graphics. Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: All right. PZ.6. PZ.6 is an ordinance on first reading. Lourdes Slazyk (Zoning Administrator): PZ.6 is an ordinance to introduce a vertical shopping center sign regulations for the SD-6 zoning district. This is the -- pretty much the same vertical shopping center sign ordinance we have in place for Midtown and for Miracle Center. We're introducing it now for SD-6. At the Planning Advisory Board, the PAB (Planning Advisory Board) felt very strongly about additional notice. Normally, signs -- Class II will be required for every sign that falls under this ordinance. Normally, signs don't require notice for Class II. The Planning Advisory Board felt that it was important to introduce notice requirements not only at the initiation of the Class II but after an intended decision is issued so that any nearby homeowner associations or adjacent property owners would know when the application was filed as well as when the Planning Department reached a decision on the design issues. The vertical shopping center ordinance allows, in addition to the regular signage for these tenants, because they're stacked vertically to each other, it allows art image panels, but they're all on -site signs. This does not fall into the murals or anything like that; all of the panels for the additional signage have to be for on -site stores and businesses. Chair Sanchez: So this only applies to SD-6? Ms. Slazyk: SD-6, and the Omni is the shopping center currently looking for something like this. Chair Sanchez: All right. Need a motion. City ofMiami Page 75 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Ms. Slazyk: There will be -- again, there's design review, lighting standards, everything. Commissioner Sarnoff I'll make a motion. Chair Sanchez: There's a motion. I need a second. Commissioner Sarnoff Well, let me just state the motion. I'll make the motion as recommended by the Planning Advisory Board, even though we tread upon close waters with the Class II. I think they can still make constitutional muster there. Chair Sanchez: Repeat that. Commissioner Sarnoff Sure. Any time you put a Class II and you have some sort of design review and it's subject to speech, it's a close call, but I think it can be done. Chair Sanchez: All right. Do I get a second on that one? Commissioner Gonzalez: I'll second it. Chair Sanchez: Okay. There's a second. Before we open it up for discussion -- this is an ordinance on first reading -- anyone from the public wishing to address this item, please step forward and be recognized. State your name and address for the record, and you have two minutes. Barbara Bisno: Yes, sir. My name is Barbara Bisno. I live at 1000 Venetian Way, Apartment 603. And I appeared at the PAB and would like to rec -- thank the Commission for -- and the Commissioner for making a motion to adopt what the PAB indicated they wanted. The counsel has been very cooperative on this, and we've worked together on it. And I wanted you to know I'm here in favor of something. Chair Sanchez: And in this case, the PAB recommended 7/1, correct? Ms. Bisno: I -- Ms. Slazyk: Yeah. Ms. Bisno: It was overwhelming, yes. Chair Sanchez: Okay. All right. Thank you. Ms. Bisno: Thank you. Chair Sanchez: Next speaker. Vicky Garcia -Toledo: Vicky Garcia -Toledo, for the record. It's been a pleasure to work with (UNINTELLIGIBLE) as usual. And we would request that you support the recommendation of the Planning Board with the second notice added to it. Thank you. Chair Sanchez: All right. Anyone else? Seeing no one, hearing no one, the public hearing is closed. It comes back to the Commission. There's a motion and a second. Any further discussion? Hearing no further discussion, read the ordinance into the record, first reading, followed by a roll call. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. City ofMiami Page 76 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 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, 5/0. PZ.7 08-00146zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO RESCIND ARTICLE 7, ENTITLED, "HP HISTORIC PRESERVATION OVERLAY DISTRICTS," IN ITS ENTIRETY THAT ADDRESSES "DEVIATIONS" CONCERNING HISTORIC STRUCTURES, AND PROVIDING FOR CERTAIN PROVISIONS OF SAID ARTICLE TO BE INCORPORATED IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "HISTORIC PRESERVATION," BY ADDING WAIVERS FOR LOCALLY DESIGNATED HISTORIC RESOURCES; PROVIDING DEFINITIONS AND ESTABLISHING PROVISIONS FOR: (1) "TRANSFER OF DEVELOPMENT RIGHTS FOR HISTORIC RESOURCES;" A PROCESS WHEREBY OWNERS OF HISTORICALLY SIGNIFICANT PROPERTIES OR NON-CONTRIBUTING PROPERTIES WITHIN THE DESIGNATED MIAMI MODERN ("MIMO")/BISCAYNE BOULEVARD HISTORIC DISTRICT MAY SELL BASE UNUSED DEVELOPMENT RIGHTS; (2) REQUIRING THE BENEFIT FROM SUCH TRANSFER TO BE USED FOR FUTURE IMPROVEMENTS AND MAINTAINANCE OF ORIGINATING HISTORIC PROPERTIES; (3) CREATING AN ELIGIBILITY PROCESS FOR HISTORIC RESOURCES WHEREBY THOSE PROPERTIES NOT YET LOCALLY DESIGNATED MAY QUALIFY FOR THE TRANSFER OF DEVELOPMENT RIGHTS PROGRAM BEING ESTABLISHED ;(4)ESTABLISHING A MONITORING PROCESS TO INSURE COMPLIANCE WITHIN THE TRANSFER OF DEVELOPMENT RIGHTS PROCESS; (5) CREATING A TRACKING SYSTEM WITHIN THE BUILDING PERMIT PROCESS THAT LIMITS CAPACITIES FOLLOWING THE SALE OF THE DEVELOPABLE TRANSFER RIGHTS SUBJECT TO THE APPLICABLE PROVISIONS OF THE ZONING ORDINANCE ; (6) ALLOWING WAIVERS FOR LOCALLY DESIGNATED HISTORIC RESOURCES; AND (7) ESTABLISHING PROCEDURES FOR NOMINATIONS TO THE NATIONAL REGISTER OF HISTORIC PLACES; MORE PARTICULARLY BY AMENDING SECTIONS 23-1 THROUGH 23-9 OF THE CODE OF THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Item #1-PAB-08-00146zt- HEPB.pdf 08-00146zt PAB Reso.PDF 08-00146zt CC Legislation (Version 2).pdf 08-00146zt CC FR Fact Sheet.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. City ofMiami Page 77 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Direction by Commissioner Sarnoff to the Administration to look at and report back to the Commission in 30 days with a mechanism that would allow a person to disburse a certain amount of dollars for a 100 percent parking waiver and a different amount of dollars for a 50 percent parking waiver. Direction by Commissioner Sarnoff to the City Attorney to bring back on second reading an amendment to Chapter 23 that includes Transfer of Development Rights (TDR) and a 35-foot height limit specifically within the MiMo district (SD-9). Chair Sanchez: All right. Listen, PZ.7. PZ.7 is an ordinance on first reading. This ordinance is on Chapter 23, okay. Before we get everyone ready, I just want to make sure that we stay focused on the issue. Okay. This has nothing to do with height; it has nothing to do with zoning, as you are aware. So those that are here in opposition to the height and the zoning, you could address that issue on Miami 21, okay. This is, as it states on the record, certain provisions of the Zoning Code with respect to setback, open space, off-street parking, municipal lot size, loading requirements, historical resource, contribution building within the local designated historic district for strict compliance of historic preservation. So you're recognized for the record. Ellen Uguccioni (Historic Preservation Planner, T.): Thank you, Mr. Chairman, members of the Commission. Ellen Uguccioni, with the Planning Department. This is an ordinance revision we've been working on for over two years, and it's been a process of clarification and of revisions that we hope will further make this document self- standing. For example, we added definitions for environmental preservation districts and scenic transportation corridors, which are a part of the Historic Board's function in the environmental area. We also added provisions for our role in the review of national register nominations. You'll see throughout the document we have made the scrivener's changes. The substantial change that gives the Historic and Environmental Preservation Board additional responsibility is to take from Article 7 of the Zoning Code the provision to allow waivers for historic buildings when it can be demonstrated that they cannot meet the letter of the Code in terms of setbacks, parking, and that kind of thing. The -- Article 7 of the Zoning Code right now allows for an historic preservation overlay and for the Commission to enact that overlay; at which time the applicant come back to the Historic Board and say I need a waiver for my off-street parking or -- and I need a conditional use. What we did is we left the conditional use in the historic preservation overlay in Article 7; we did not change that. But we moved the waiver provisions into Chapter 23. And we believe that the Historic Preservation Board has matured and is able to function well in terms of determining whether there is an appropriate need for that waiver. And we've written it so that they are only allowed to give 20 percent of the total requirement -- to waive just 20 percent. And for example, if it were a ten foot setback, they could waive two feet;; so an eight foot setback would be an allowable thing. The parking -- we have -- the Board may waive up to 100 percent of the parking. And, of course, that causes everybody's antenna to go up because we don't want to encourage parking in residential neighborhoods and so forth. There are a list of criteria that the Board must find exists in order for them to make that judgment, and that includes adjacencies, whether or not the person can provide parking somewhere else, where an office building lets their workers go at 5 o'clock and they're a restaurant use or something like that. So we believe that that's an appropriate use of their abilities. And essentially, what happens with historic buildings and is happening clearly on Biscayne Boulevard, people change uses, and when they change from something like an office building to a restaurant, those requirements for parking are going to change considerably so that adaptive use provision is what's driving this need for the waiver in basic. And that's essentially it, Mr. Chairman. I -- it was pointed out to me when I walked in today that we missed something. And Madam Attorney, I'd like to call it to the Commission's attention. On page 3 of 25, subparagraph 3 -- Chair Sanchez: Three of twenty-five? City ofMiami Page 78 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Ms. Uguccioni: Yes, sir. Chair Sanchez: All right. Ms. Uguccioni: Subparagraph three, where it begins "Provide a mechanism where the Board may waive up to 100 percent of the zoning district requirements." Chair Sanchez: Underlying zoning district requirements -- Ms. Uguccioni: For off -- Chair Sanchez: -- in the off-street parking for those -- Ms. Uguccioni: Yes, sir. Chair Sanchez: -- structures deemed -- Ms. Uguccioni: Individually significant within a locally designated historic district. It should be a period there. We do not intend for new construction not to comply with the Zoning Code. It is for existing buildings. And that does not appear in the section that actually describes the waivers. It -- we just didn't catch it here in the preamble. Chair Sanchez: All right. Ms. Uguccioni: So if it's possible -- Chair Sanchez: Now, Madam Attorney, it has been corrected on the record. It is not a significant change of any kind. Do you foresee any problems with that language? Maria J. Chiaro (Assistant City Attorney): No. Chair Sanchez: Okay. Ms. Chiaro: We can make that change; it's first reading. Chair Sanchez: Yeah. And it's -- this is on first reading anyway, so it'll come back on second reading with the corrected language. Ms. Uguccioni: Yes, sir. Chair Sanchez: Okay. Ms. Uguccioni: And that's essentially the bulk of the changes we made, sir. Chair Sanchez: All right. Thank you so much. Ms. Uguccioni: Thank you. Chair Sanchez: You explained it very well. Okay. The public. All those speaking on this items [sic], you have two minutes. Once again, I want to emphasize it's not a Zoning Code that we're addressing; it's a City Code we're addressing, so let's stay focused. Sir, you're recognized for the record. You have two minutes. Eric Silverman: Thank you. Eric Silverman, 7301 Biscayne Boulevard, the Vagabond. Today, City ofMiami Page 79 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 at long last, we have the historic Chapter 23 in front of our Commission after great effort and participation. The purpose of Chapter 23 is to assist the revitalization and preservation of a very unique, historic area in Miami, the Biscayne Historic MiMo (Miami Modern) District that one day could rival Ocean Drive for the tourists and surpass it for the locals' quality of life and become the pride ofMiami. When we began over two years ago, the initial group, which today is known as the MiMo Biscayne Boulevard Association, is a volunteer of a nonprofit residents -- a nonprofit organization of residents and businesses that generates appreciation/awareness for the MiMo Historic District through education, promotional cultural events, made up of business owners, property owners, and residents. We are led by a group of residents, and we are very active and work closely with our surrounding neighborhood. When we started the idea of the historic district, we initially had resistance from several property owners and businesses on Biscayne Boulevard that felt that any historic designation of their properties would create red tape and undue hardships, limiting their ability to renovate, build on, or sell their properties. Since the historic designation, many properties have indeed come into a standstill waiting for the passage of Chapter 23 and the delegated authority that it would give to the HEP (Historic and Environmental Preservation) Board and historic departments, especially in the area of adaptive reuse. As a growing number of properties and owners -- of vacant properties, costs have been very high. We, for example, pay 80,000 in taxes and have had to spend months, if not years, going through the City to get this red tape cut to basically do what the City has asked us to do. The passage of Chapter 23 with amendments will bring much -needed clarity to the guidance of the property owners and fast -track many of these projects and avoid further needless delays. Currently, there's a movement by some pro preservation homeowners to restrict the height to 35 feet. We support balanced low -density approach, whether 35 or 55 feet where parking might sometimes be needed for the neighborhood. This would affect all the contributing and noncontributing properties in the historic district with larger sites currently having up to 120 feet limitation and other sites having 85 to 95 feet limitations that back onto residential properties. Also, the FAR (floor area ratio) in the area is 1.72, as calculated in the 11000 Zoning Ordinance, and gross lot sizes are determined up to the middle of the street. A cornerstone to the historic preservation in many cities is to reward people who invest in historic properties and districts that, in most cases, like us, are low density with fransfer of development rights. Transfer of development rights would give the ability to compensate those property owners for their unused FAR that a new structure would be able to build on the site today. The example I would like to use is a 10, 000-square foot historic building on a 20, 000-square foot lot. The City, with setback, et cetera, would allow a 1.72 ratio on this area. Rather than having a wrecking ball knock down a historic landmark, the City could compensate the owner of the renovated historic property the difference of the 20,000 square feet times 1.72; 34,000 square feet, take away the 10,000 of the existing structure and 24,000 square feet of fransfer of development rights that the owner could in turn sell to an area of the City that the City would like to see developed. For clarity, the height and the FAR calculations are not connected. TDRs (Transfers of Development Rights) are a win -win situation for the City and the property owners. It creates incentives into low -density historic areas, protects established residential neighborhoods, and transfers the height into the other areas that the City envisions to be developed -- Chair Sanchez: In conclusion. Mr. Silverman: -- and able developers willing to pay for. The Omni West area is one of the areas that could be prioritized and encouraged to be developed. This area in the urban core behind the Performing Arts Center and next to the highway with poorly -lit, empty, crime filled lots and few residents is a perfect donor area for TDRs from the MiMo Historic District. We propose that by increasing their 120 feet height limitations to allow the cost of effective development of this area, which should include mixed use and parking, the City ofMiami will benefit greatly in its quality of life and sense of place in downtown Miami with very little cost to the City and its taxpayers. I strongly urge the Commissioners to stand up and be heard today and approve Chapter 23 with its amendments and TDRs. The preservation gill/Pamirs wonderful City ofMiami Page 80 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 old buildings, our heritage, and the City's vibrant future is in your stewardship to protect for future generations to come. Thank you very much. Chair Sanchez: Thank you. Mr. Cruz, you got six -- five minutes. Elvis Cruz: Thank you, Commissioner. Chair Sanchez: All right. Now, listen, let me once again -- how we ended up in transfer of air [sic] rights, how we ended up in height -- originally, it was in it, but it isn't in it anymore. Mr. Cruz: That's why -- Elvis Cruz -- Chair Sanchez: All right. Mr. Cruz: -- 631 Northeast 57th Street. Yes, Commissioner. Chair Sanchez: Five minutes, Mr. Cruz. Mr. Cruz: I don't think I'll need that long, sir. But, yes, that is correct. Originally, the 35-foot height limit was indeed in the proposed ordinance and this passed July 2 at a HEP Board meeting. Ms. Uguccioni stated that it had been removed at the urging of the Upper Eastside Miami Council. The Upper Eastside Miami Council has not been in the good graces of many of the associations in the Upper Eastside. And at this point, Belle Meade, Palm Grove, Morningside, Bay Point, and Shorecrest have all withdrawn from the Upper Eastside Miami Council. That organization does not represent us. Please know that there is overwhelming support in the Upper Eastside for a 35-foot height limit. When Commissioner Sarnoff ran for his first election, his main platform in the Upper Eastside was a 35-foot height limit. This flyer went out to every voter in that area. He was elected with 65 percent; he was reelected with 90 percent, 35 feet for the entire Upper Eastside. This is the closest thing that has ever happened to a referendum on height limits in the Upper Eastside. If any of you Commissioners have any doubt whatsoever that the overwhelming majority of voters in the Upper Eastside are in favor of a 35-foot height limit, I strongly urge you to put it on the ballot. We've got at least two elections coming this fall, and that would settle that. So, yes, I'm in favor of this ordinance. I would ask that you put back the 35-foot height limit and the TDRs thatHr. Silverman is also in favor of. Thank you. Chair Sanchez: Thank you. Wow. You did not take more than two minutes. Thank you so much. Anyone else? All right. At this time, ladies and gentlemen, the public hearing is closed, and it comes back to the Commission. Commissioner Sarnoff you're recognized for the record. Commissioner Sarnoff Thank you, Mr. Chair. My first concern was addressed by Ellen because I -- when I read the preamble on page 3 of 25, I saw that new construction was going to be waiving parking requirements, and I didn't understand that. But she's explained that it no longer applies. My second concern -- and I'm just addressing this ordinance and I'll make some more general comments -- is that we waive parking 100 percent but we don't replace it with any other type of structure, such as possibly done in Coconut Grove, where a parking trust fund is created so that you can start creating, after years and years of accrual, the opportunity to create underground maybe by then or a parking garage. So I think we should think about -- and I ask you, Ellen, to think about -- instead of -- if you're going to get a 100 percent waiver, why not look at the way the Grove does it, maybe speak to Orlando, fashion a trust so that -- whether it's $50 a month, $100 a month, you can start creating a revenue source. That revenue source can get obviously bonded out and it can be leveraged, and you might be able to get a parking structure up there, not tomorrow and not the next year 'cause there's a parking -- a preliminary parking study that's been done, and that preliminary parking study indicates for right now there's adequate parking. But ifMiMo does take off as it should and could, hopefully, your City ofMiami Page 81 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 biggest problem will be parking. And parking will mean that you're successful. So I'm going to vote to approve this, but I'd like you to look at, in the next 30 days, coming back with some sort of-- a mechanism that allows a person if for a 100 percent parking waiver to pay in a certain quantity of dollars; for a 50 percent parking waiver, another quantity. I think it serves your long-term interests to do that, and I think that's something that -- we have other models in the cities that it does work, and I think you should look at that. Now, with regard to this ordinance in general, this ordinance, at one time, had the 35-foot height limit. I think these amendments to Chapter 23 are just the first step in addressing the need to ensure the preservation of Biscayne Boulevard corridor. A mechanism also needs to be established in the City Code that will provide a method for property owners with affected rights to obtain compensation equivalent to the amount of their unusable develop potential. The establishment of a TDR, or transfer development right, mechanism is a necessary part of any attempt to restrict maximum heights along Biscayne Boulevard. The TDR concept has been effective in many other jurisdictions -- that means we're not inventing the wheel -- throughout the country, which include more notable places such as San Francisco, Washington, D.C. and elsewhere. A 35-foot height limit inserted in Chapter 23, when combined with the 85-foot, 95-foot or 120-foot height limit mandated by the SD-9 overlay, would provide the spread or a gap of unused development rights that property owners could sell to gain cash to renovate and restore their historic properties. And a mandate would be contained that you could only sell that right if you reinvested it into your property. The Biscayne MiMo Historic District would remain low-rise, and Biscayne MiMo property owners would get cash to restore their properties. The concept would allow affected property owners to sell their unused development rights to any person or entity for use within an established receiving area. If that areas turns out -- should be the Omni West, then so be it; if it turns out to be something other than that, then so be that. But this receiving area should be located -- and I would only vote would be located in the urban central business district, which is the area already identified by the master plan as an effective area for the increase of development activity. The purchased TDRs may be applied immediately or may be held by the owners as investments for future sale or use. The TDR can work with 11000 by creating a special receiving overlay district that would delimit the boundaries of the receiving area and can be worked with Miami 21. I just want to go on the record as saying while some people believe TDRs don't belong in Chapter 23, I respectfully disagree with them. Chapter 23, with an amendment to SD-29, is the mechanism for creating the transfer development rights and allowing a 35-foot height limit so that restoration ofMiMo can take place. So I'm going to recommend that we vote for this, but I'm also going to be drafting an amendment to Chapter 23 'cause I don't know when Miami 21 will come back; I don't know ifMiami 21 will come back, andl don't think we need to wait for it to come back. So I'm going to recommend to my fellow Commissioners that we vote for this, butt want you to know with an eye that there will be an amendment to this with a 35-foot height limit with a TDR and a TDR district, and I hope you would all look at it in your own districts to think are there identifiable places that maybe you want to create low -density neighborhoods and shifting all of our high density toward the urban core where it belongs. Chair Sanchez: All right. I need a motion. Motion has been made -- Commissioner Sarnoff So move. Chair Sanchez: -- by Commissioner Sarnoff. I need a second. Need a second. Commissioner Regalado: Second. Chair Sanchez: Second by -- Commissioner Regalado: Second for discussion. Chair Sanchez: -- Commissioner Regalado. Discussion. You're recognized. City ofMiami Page 82 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Commissioner Regalado: Thank you, Mr. Chairman. I think that Commissioner Sarnoff is correct on the amendment. And I think also that he's correct on saying that all development rights that could be sold have to go to the urban core. Actually, the residents of the Coral Way Alliance, which is Silver Bluff and Shenandoah and Coral Gate and Golden Pines, are very, very concerned in terms of not being consulted on the heights of the buildings on the corridors on 37th, 27th, and Coral Way. And they do want to limit -- actually, they want to mirror their position to the one of the Upper Eastside of setting a number of feet as a height limit. I would ask you, though, that instead of bringing a -- an amendment that you today amend this one, because it would send a clear message to not only the residents of the Upper Eastside, but to the other residents and groups throughout the City that we can legislate in favor of them and address their concerns, even though Miami 21 is not yet here. So I would ask you to -- Commissioner Sarnoff I'll accept the amendment and the direction to the City Clerk to start drafting -- City Attorney, apologize. I wouldn't want the City Clerk to do it. -- and start drafting -- I have a draft ordinance, if you'd like to see it; a TDR part of Chapter 23, and to equally have an SD-9, I think you're going to have to amend as well. Chair Sanchez: But you're not adding it to this ordinance? Commissioner Sarnoff I am accepting his amendment. Commissioner Regalado: Yes. Chair Sanchez: You are -- Commissioner Regalado: Yes. Chair Sanchez: -- adding it to this ordinance? Pedro G. Hernandez (City Manager): Can't do it. Commissioner Regalado: I'm asking him, as a seconder of the motion, to include in this ordinance the amendment that he already stated. Ms. Chiaro: I need the amendment stated on the record to -- Commissioner Sarnoff Sure. Ms. Chiaro: -- see if it is indeed this ordinance or a new ordinance. Commissioner Sarnoff Well -- Ms. Chiaro: What would be the amendments to this ordinance? Commissioner Sarnoff Fair enough. The amendment would be to establish a 35-foot height limit and a TDR, transfer development right, mechanism to go to a donor district. Right now my only donor disfictI can conceive of would be Omni West, and equally -- Chair Sanchez: Could I -- Commissioner, could I ask you -- your intentions are good intentions. I just think that you might be putting the cart before the horse on this. I think your first original intentl think is the most prudent one to take right now. And the reason is we haven't -- or you haven't yet identified a transferring zone. We have not -- I don't know if you have, butt have not been aware of it, where you have clearly established a TDZ [sic] zone. I prefer, just like any other ordinance that comes in front of us, to have all the language in it corrected because what we're doing here is -- once again, it seems like we do one step and we take two back when it City ofMiami Page 83 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 comes to these issues. Commissioner Regalado, you're absolutely right. All those buildings that are going up in your disfrict, you know why they're going up? Because I say 80 percent, 90 percent are as right. They don't come in front of this Commission; they don't go in front of design review, and they're going up. And thank God that the development has slowed down, or else you're going to have more buildings going up as of right under 11000. So I think it's important, for the sake -- Commissioner Regalado: Mr. Chairman, I beg to differ -- Chair Sanchez: Sir. Commissioner Regalado: -- because you just said something that -- Chair Sanchez: Okay, fine, but don't -- Commissioner Regalado: -- is not correct. Chair Sanchez: But I'm -- Commissioner Regalado: I know you have the floor -- Chair Sanchez: Afterwards, when you're done -- Commissioner Regalado: -- but it's not correct. Chair Sanchez: -- when I'm done, afterwards, you could talk all you want, all right? And that's the concern that have here because Chapter 23 is something that we need to move forward if we are serious about preservation, adaptive reuse. The more we wait, the more this city is going to suffer, and the more the historic preservation is going to suffer. The Upper Eastside has a great potential. And this Chapter 23 has been back and forth. I think that we need to move it forward. You, as the disfrict Commissioner, should come back -- and I'm not telling you what to do; it's just my recommendation on it -- with the complete written ordinance to add onto it. That's just a concern that have because, you know, here -- Miami 21, same thing. We're moving forward;; we stop. Chapter 23, we move forward, now we're going to stop. We're going to amend it; we're going to do this on it. So what you're creating is uncertainty. And the public is looking at us as the people that -- you know, we represent them, and they at times are uncertain because we're uncertain on the steps that we're taking or the actions that we're taking. So, I mean, I just would ask you to take the first option, which was a very good option; adopt this; start working on the language, the TDZ [sic] zone, which I agree with you 100 percent;; transfer of rights should be in urban core. And I think that would be the appropriate steps. If not, I think you're going to put the cart in front of the horse. Orlando Toledo (Senior Director, Building, Planning & Zoning): Commissioner, also -- Commissioner Regalado: Can I speak? Chair Sanchez: You're recognized for the record. Commissioner Regalado: Thank you. It's -- I think the information is not correct at all because most of the buildings that are the concern of the people in the neighborhood were not built as right. We have gone on record of debating some cases where properties in the back were zoned residential and changed. And also, we have fought on the height of the buildings in 27th Avenue, and they have used -- in fact, we had a moratorium on 27th Avenue. I think it's the -- it's a human decision. It's -- many of these mistakes were human decisions, and some of them decisions of this Commission. But am telling you that the people really want to have a say. City ofMiami Page 84 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 And the reason that he's placing this and the reason that there are people talking is because this is getting to us without the input of the people, and it is the same story ofMiami 21. We -- you know, we keep saying that we are delaying Miami 21, but there are people who do want to understand more. And I don't see -- and I read the e-mails (electronic) -- anything wrong in the people frying to input the area Commissioner insisting on the 35 feet in this ordinance. Why this was taken if it was there? I don't know. But certainly, it was there and somebody took it. So I don't -- I -- probably Orlando can explain and maybe I understand. Mr. Toledo: Well, what I wanted to just mention, Commissioners, is that the issue of the 35 feet is an issue of the SD-9 district, which is part of the Zoning Ordinance, not part of the City Code. So we would have to come back with a new ordinance on SD-9 putting a certain limit in that area of 35 feet. Commissioner Sarnoff And not amend this and not amend Chapter 23? Mr. Toledo: And -- well, right now, you could not amend this to put in the 35 feet because it has nothing to do with the Zoning Ordinance. Commissioner Sarnoff So you're saying 35 doesn't belong here at all? Mr. Toledo: At all. Commissioner Regalado: And why was there? Why was it? Mr. Toledo: It was never -- well, it was there when -- regarding Miami 21, but it was never as part of this ordinance. Again, the City Code talks about what you could do reuse -wise, but it doesn't mention anything when it comes down to feet. For that, you got to go to the Zoning Ordinance. Commissioner Sarnoff So you're saying, if you wanted to achieve what we just discussed, none of the TDR, the 35 would exist in Chapter 23; it would exist in SD-9? Mr. Toledo: Yes. Chair Sanchez: Correct. Mr. Toledo: TDR, you could put here in Chapter 23, but the procedures of the TDR, you could put under Chapter 23. What you cannot put in Chapter 23 is the 30-foot height limit or whatever height limit you would like. Chair Sanchez: All right. Any further discussion? Commissioner Regalado. Commissioner Regalado: I -- it's like putting the carts in front of the horses because -- Chair Sanchez: Exactly. Commissioner Regalado: -- you're saying that we can -- on this one, we can include the TDR, so -- the selling of development, but we cannot include limiting those buildings. So if we don't limit those buildings, people don't have to sell the rights. So we're approving something -- the first thing that we should approve is limiting the building and then selling the rights. Mr. Toledo: Well, ideally, I believe what you would do is approve this in first reading and then not bring this back until both things are done at the same time. Commissioner Sarnoff So you had your TDR in here and then your SD-9 would have your 35 City ofMiami Page 85 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 foot limit. Is that correct? Ms. Chiaro: Yes. We need -- it's just that I don't want to do this on the fly. I want to make sure that it's done correctly -- Commissioner Sarnoff Okay. Ms. Chiaro: -- and to take these comments from the floor and try to adjust the SD-9, the MiMo, the 25-foot height on an amendment on the floor, it makes me extremely uncomfortable. Commissioner Sarnoff Okay. So let me -- I'll withdraw my request. However -- I'll move this as stated, with the under -- with the expressed instruction to the City Attorney to provide for a TDR in the second reading and to provide an SD-9, a 35-foot height limit inclusive -- and I don't know if the SD-9 gets the transfer zone -- the receiving zone, or if Chapter 23 gets it. Ms. Chiaro: We'll look at that. We'll bring -- if you pass this on first reading today, we -- Commissioner Sarnoff Okay. Ms. Chiaro: -- can bring back, at the time this comes back for second reading, the amendments that you've discussed on the floor and fry to include them. And I guess the Planning director will now ask you for some clarifications. Ana Gelabert-Sanchez (Director, Planning): I just want a point of clarification. When you mean the 35 feet, it's not in all of the SD-9, but the SD-9 that is -- the MiMo district within the SD-9. Commissioner Sarnoff For -- Ms. Gelabert-Sanchez: Or is that all of the SD-9? Commissioner Sarnoff For right now, yeah. Ms. Gelabert-Sanchez: Just on the MiMo? Commissioner Sarnoff Right. Commissioner Gonzalez: That was going to be my question because I've been listening to all of this back and forth and motion and amendments, and this is only going to affect the Upper Eastside in your district, right? Chair Sanchez: Yes. Commissioner Regalado: He's asking you a question. Commissioner Sarnoff I'm sorry? Commissioner Gonzalez: This is going -- only going to apply --? Commissioner Sarnoff Yes, only in the Upper East -- SD-9 is only Upper Eastside. Commissioner Gonzalez: -- to your district? Commissioner Sarnoff Right. City ofMiami Page 86 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Commissioner Gonzalez: In your disfrict? Commissioner Sarnoff Correct. Commissioner Gonzalez: All right. Chair Sanchez: All right. Listen, I did close the public hearing, but there are two more individuals that came in. I want to afford them the opportunity to talk. So what I'll do is -- we'll reopen the public hearing. Those that want to speak on the item, come up, please, and then we'll bring it back to the Commission. Elvis, I know you're smiling. Nancy Liebman: Good afternoon. My name is Nancy Liebman. I am here today speaking on behalf of the MiMo Biscayne Association. I'm very sorry that we weren't here and some of the other supporters of this aren't here because when we asked about an approximate time that this would be heard, we were told 4 o'clock, so we thought we were on time. But evidently, you were a bit ahead of us, which is fine. I would urge you today to think about what you're doing. The Chapter 23 are the guidelines for the historic disfrict, things such as variances on parking, changes in the way -- sizes -- room sizes are so that the historic buildings do not have to meet the Code as it reads for today's brand-new buildings. That's the way it is now. Chapter 23 has guidelines for how you develop in the area. Used to be that the height limitations were in Chapter 23 because Chapter 23 was part of the zoning. When we made the changes -- and I will tell you we worked very closely with the staff -- for Chapter 23, we did it so that the Historic Preservation Board had the authority. Once the authority was taken away from the Planning and Zoning Board and put into the Historic Preservation Board, that changed the tool that you were using. So Chapter 23 was pulled out and with it all of the zoning issues. So this -- Chapter 23 is not a place for how high the buildings are. Chapter 23, we were told and it seems logical, is not the place for TDRs because that, too, bears on the zoning. You have to have zoning in place before you can have TDRs. Once you change the zoning, then it's all fair game. So we urge you today to pass Chapter 23 so the hoteliers, whom we expect to come, are going to be able to reuse their buildings, reduce their required parking that you have in your regular Codes and to rebuild their buildings. That is what Chapter 23 is going to do. I have no problem if you come back next time with a whole revised SD-9 that not only talks about TDRs and heights but also should talk about uses. There are some very incompatible uses now on Biscayne Boulevard. There's going to be a big argument over one of those uses very shortly. There are uses that are inappropriate in the historic district and it's time to change the uses. That will be in SD-9. We have talked to you, Commissioner, about -- Commissioner Sarnoff about the changes in the liquor licenses. We should have an active district where you're allowed to have in your cafe, you're allowed to have a liquor license to make it work. You're doing that, I believe -- Chair Sanchez: Yes. Ms. Liebman: -- on Calle Ocho -- Chair Sanchez: Calle Ocho. Ms. Liebman: -- which is a great move forward to make the street come alive. Those are the kind of things that have to be in the SD-9, not to take Chapter 23 and chop it up into little pieces and try to attach things. I know Elvis is all excited about reducing height. I know that Eric is all excited about TDRs. We have to look beyond that. We have to be excited about what's going to be best for the whole district and implant properly into the proper ordinances. I -- Ana and Ellen have worked diligently to get Chapter 23 workable at this point. Chair Sanchez: Thank you. Ms. Liebman: So -- City ofMiami Page 87 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Commissioner Sarnoff All right. Ms. Liebman: -- I hope that I've clarified, because I came in here in the middle of what you were struggling with and it's just two different things. Chair Sanchez: I think we've -- Ms. Liebman: Thank you for your time. Chair Sanchez: -- cleared it. Ms. Liebman: Thank you. Chair Sanchez: Anyone else? If not, we'll go ahead and close the public hearing. Okay. Just for the point of clarification, this ordinance, all it does it moves the rules from historic properties from the Zoning Code, which is the 11000, to a chapter in the regular City Code, which is Chapter 23. Okay. It allows for the HEP Board to grant waivers -- the following waivers for -- waivers from the Zoning Code provisions such as off-street parking, minimum lot size requirements, pertaining to historic preservation. So let's not mix apples with oranges on this ordinance. There has been a motion and a second. For the record, you withdrew your amendment. So the motion that's in front of us is the original motion. Commissioner Sarnoff Correct. But I will state for the record that you could not have a Chapter 23 without TDRs stated if you're inevitably going to have TDRs. It has to reference TDRs; otherwise, it'll be unconstitutional. Chair Sanchez: All right. And you -- Commissioner Sarnoff So anybody who's saying it doesn't belong here is either not a lawyer or not a zoning planner and doesn't understand it. It will inevitably have to recite transfer development rights. For it to be constitutional, it must be a part of Chapter 23. So I'm just suggesting -- I'm going to support this today with the expressed request -- Chair Sanchez: I think you've made your point very clear. All right. Yes, sir. And we're going to vote on this item. Mr. Toledo: Just to make a clarification, Commissioner. When we're talking about the TDRs, are we only looking at historical buildings or are we looking at the complete MiMo district? Commissioner Sarnoff The entire district. Mr. Toledo: Okay. Commissioner Regalado: Can I --? Chair Sanchez: The S -- which is SD-9. Yes, sir. Commissioner Regalado: I second the motion with the request that he would include the amendment, which Commissioner Sarnoff has withdrawn, but -- and I will maintain the second if we follow what the City Attorney said; approve this on first reading and do not bring it back until we have the first reading of the ordinance that Commissioner Sarnoff -- I mean, if we want to go against the advice of the City Attorney -- but I'm just asking if that is what you suggested, Madam City Attorney? City ofMiami Page 88 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Ms. Chiaro: No. What I suggested is if you are -- ifyou want the amendments to be made, that I need to bring this back with changes and with other changes that come along. You can pass this and then you can bring it back for second reading and then, parallel to that process, incorporate all of the things that were part of the discussion today. But if -- Commissioner Regalado: It would be parallel. It would be on the same -- Ms. Chiaro: A parallel process. Commissioner Regalado: -- agenda? Ms. Chiaro: To the extent that it can be, yes. The -- some of the other things, I'm not sure if they have to go to the lower boards first, but we'll get the rest of those things in process, pursuant to your direction. Chair Sanchez: All right. Ms. Chiaro: Pursuant to the discussion today. Chair Sanchez: Ma'am -- Ms. Uguccioni: Mr. Chairman. Chair Sanchez: -- in closing. Ms. Uguccioni: Yes, sir. Chair Sanchez: And we'll vote on this issue. Ms. Uguccioni: Very, very quickly. I just want to perhaps restate something which is the overarching -- our overarching principle in the transfer of development rights. We did create them. We had an ordinance and we still have that ordinance. It was part of the ordinance when it related directly to Miami 21 because that provided the instrument for the receiving sites. We worked real hard on that in terms of process and how it would work and so forth. It is in Chapter 23; it does belong in Chapter 23. What I did want to make clear is that the TDRs are intended for historic buildings as a way for owners to keep those buildings rather than tearing them down and building the ultimate highest and best, as the appraiser's office would say. So it is tied, in our minds at least at this point, the TDRs to historic buildings. Just want to make that clear, sir. Chair Sanchez: All right. Well put on the record. No further discussion. There's been a second. There's been a -- the maker of the motion and a second. No further discussion. The public hearing was opened and closed. It is an ordinance on first reading. It'll come back to us on second reading. 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: 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. City ofMiami Page 89 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Chair Sanchez: Okay. PZ.8 08-00298zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4, ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED, "ALCOHOLIC BEVERAGES, IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 4-11, ENTITLED, "EXCEPTIONS TO DISTANCE REQUIREMENTS," TO RENAME THE DISTRICT PREVIOUSLY KNOWN AS THE CULTURAL SPECIALTY DISTRICT ALONG SOUTHWEST 8TH STREET, FROM SOUTHWEST 12TH AVENUE TO SOUTHWEST 17TH AVENUE, MIAMI, FLORIDA, AS THE ART AND THEATER CULTURAL SPECIALTY DISTRICT WITH EXTENDED BOUNDARIES ALONG SOUTHWEST 8TH STREET FROM SOUTHWEST 10TH AVENUE TO SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA, TO ALLOW DISTANCE EXEMPTIONS FORA MAXIMUM OF 15 ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES AS A COMPONENT OF A CULTURAL FACILITY; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 08-00298zt PAB Reso.PDF 08-00298zt Land Use Map.pdf 08-00298zt Zoning Map.pdf 08-00298zt Aerial Map.pdf 08-00298zt CC SR Legislation (Version 3).pdf 08-00298zt CC SR Fact Sheet.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 16, 2008 by a vote of 6-2. PURPOSE: This will extend the boundaries and allow a maximum of 15 establishments serving alcoholic beverages as a component of a cultural facility. Motion by Chair Sanchez, seconded by Commissioner Sarnoff, 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. Moving along, folks. PZ.8. PZ.8 is exactly what they should be doing out there in the near future. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.8 is an amendment to the existing (UNINTELLIGIBLE) district in Calle Ocho. We are renaming as Cultural Specialty District along Southwest 8th Street. We're expanding the boundaries from 10 to 12 and from 17 to 27, so now it's from 10 to 27, and increasing the licenses -- Chair Sanchez: All right. We lost a -- City ofMiami Page 90 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Mr. Lavernia: -- of 15 -- Chair Sanchez: -- quorum. Oh, sorry. Okay. All right. I'm sorry. I thought we had lost a quorum. Mr. Lavernia: -- as a component of a cultural facility. This is first reading. Chair Sanchez: Yes. And basically, could you just add on the record exactly what it does? Mr. Lavernia: Exactly what it is. Chair Sanchez: This basically takes an area, such as the Upper Eastside, the MiMo district -- the Upper Eastside has great potential -- on 8th Sfreet, and we basically have taken an area in the last, I'd say six years, with Viernes Culturales and we brought a revitalization to that area focused on the arts and cultural aspect of it. Today -- every last Friday of every month, I would say close to a thousands [sic] of people gather out there to really see what Miami is all about and really to get a taste of what Little Havana's all about. The greatest resource that we have in our community is our culture, and we celebrate it there with everyone because everyone's welcome to that event. Today we have close to about 16 art galleries and new restaurants that are opening up, and that's been used as an example of an area that has been revitalized through the art concept of it. But now restaurants want to move in and these art galleries want to open up little restaurants, so we are basically pushing -- as a matter of fact, we did pass one about a year ago to allow them to have liquor license, and all of them went pretty quick because it's really up and coming. So what we did was we came back and presented another ordinance to extend that to give it to 15 more businesses with liquor license. Of course, you may say, well, are you turning into -- are you turning that into an entertainment disfrict? No, we're not. We're turning it into a theatrical and a cultural disfrict, which has had great success. So, therefore -- I've been working with staff; it's got full support from the businesses and the art galleries on 8th Sfreet. And once again, every chance I get, I plug Cultural Friday [sic], which is this Friday. You're invited to Calle Ocho and really find -- you know, get a taste of what Calle Ocho's all about. So therefore, I would pass the gavel and move this ordinance on first reading. Vice Chair Spence -Jones: Second. Commissioner Sarnoff Second. Sorry. Second. Vice Chair Spence -Jones: I just have a question. Chair Sanchez: All right. Discussion? You're recognized for discussion. Vice Chair Spence -Jones: First of all, Mr. Chairman, I'd like to commend you for your leadership on this issue. When you talk about Southwest 8th Sfreet and all the wonderful things that you've done to revitalize that area by bringing people to the community, it's really be -- to be commended. I want to -- I had a conversation with Mr. Toledo regarding this whole issue because the same thing that's happening on Southwest 8th Sfreet, I really wanted Orlando to come back and revisit areas like Northeast 2ndAvenue. As you know, we have Little Haiti Park coming up with a beautiful cultural center there. My chairperson here of Wake Up Miami, Ms. Hattie Willis, a few weeks ago, we did a wonderful presentation identifying at least four cultural business corridors within our district. I believe Wynwood, Liberty City, Little Haiti, and Overtown were identified as a part of that presentation. So I would like for Mr. Toledo, along with the representatives from my Wake Up Miami group and our chairperson, to really sit down with you to look at the same -- something similar to that because our major focus for the cultural business corridors is to really promote tourism and culture in those particular neighborhoods. So I just want to make sure that that happens because that is a part of revitalizing the areas. And I know, at least in my district, and I'm so great to have -- it's so wonderful to have such a City ofMiami Page 91 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 wonderfully diverse district that we should be able to share that not only with the residents of Miami but people on the outside. So I just wanted to make sure that that's something that we can also move in that direction. Orlando Toledo (Senior Director, Building, Planning & Zoning): We will. We'll go ahead and look at the area. Vice Chair Spence -Jones: Okay. All right. Chair Sanchez: All right. It is a PZ (Planning & Zoning) item that requires a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. There's been a motion. For the record, Commissioner Sarnoff made the motion, and Commissioner -- Vice Chair Spence -Jones: Jones. Chair Sanchez: -- Vice Chair Jones [sic] second it. Priscilla A. Thompson (City Clerk): No. Chair Sanchez: No? Ms. Thompson: I thought you passed the gavel, and you made the motion -- Vice Chair Spence -Jones: And we both sec -- well -- Ms. Thompson: -- and Commissioner Sarnoff second it because you passed the gavel to the Vice Chair. Chair Sanchez: I stand corrected, Madam Clerk. I'm glad to see you're alert. All right. It's an ordinance on first reading. No further discussion from the Commission. Madam Attorney, read the ordinance into the record, followed by a roll call. Maria J. Chiaro (Assistant City Attorney): Yes. And a substitution was distributed to correct and remove some irrelevant whereas clauses; so the title did not change. I'll read the title. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chair Sanchez: Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Chair Sanchez: The item passes, 4/0. Let the record reflect Commissioner Regalado is absent. Ms. Thompson: Yes. Thank you. PZ.9 07-013811u ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT First Reading City ofMiami Page 92 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 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. 07-013811u PAB Reso.PDF 07-01381 Iu School Impact Analysis.pdf 07-01381Iu CC Application Supporting Documents.pdf 07-013811u Legislation (Version 2).pdf 07-013811u & 07-01381zc Exhibit A.pdf 07-01381Iu Analysis.pdf 07-013811u Land Use Map.pdf 07-013811u Arial Map.pdf 07-01381Iu CC SR 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. 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 Vice Chair Spence -Jones, 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: Okay. PZ.9. PZ.9 is an ordinance on first reading. Harold Ruck (Planner II): Good afternoon. Harold Ruck, with the Planning Department. PZ.9 is first reading, as was mentioned. This is a companion item; zoning change, PZ. 10. This petition is for consideration of amending ordinance number 10544 of the Miami Comprehensive Neighborhood Plan, by amending the future land use map for the properties located at approximately 329, 333, 335, 337, 346 Northeast 58th Terrace, Miami, Florida, from duplex residential to general commercial. The subject application consists offive lots, comprising approximately .6 acres; all the lots front on Northeast 58th Terrace, between Northeast 3rd Avenue and Northeast 4th Avenue. Chair Sanchez: All right. Mr. Ruck: Four of the lots are on the north side of the street; one lot is on the south side. This site is currently designated duplex residential; surrounding the subject site to the south and west is duplex residential; to the north and east is general commercial land use. The Planning Advisory Board recommended denial on December 5. The Planning Department recommends denial of the application based on the following. The properties are adjacent to the south and City ofMiami Page 93 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 west by an established low -density residential community. The character of the surrounding neighborhood is residential, particularly low -density residential. The requested change would represent an intrusion of potential commercial uses into a low -density residential neighborhood. The potential increase in residential density from 18 dwelling units per acre to 150 dwelling units per acre would be out of scale with the established neighborhood. Comprehensive Plan Land Use Goal 1-1 encourages a land -use pattern that protects and enhances the quality of life in the City's residential neighborhoods and promotes efficient use of land and minimizes land -use conflicts. To change to general commercial is not a logical extension of the duplex residential land use category. Land Use Policy 1-1.3.1 provides for the protection of all areas of the City from encroachment of incompatible land uses. Housing Policy 1-1.7 states the City will continue to control through restrictions in the City's development regulations large-scale and/or intense commercial and industrial land development which may negatively impact any residential neighborhood. Housing Policy 1-1.8 states that through land development regulations, the City will protect and enhance existing viable neighborhoods in those areas suitable for housing. Dade County's comprehensive plan policy L U-4C indicates that residential neighborhoods shall be protected from intrusion of uses that would disrupt or degrade the health, safety, tranquility, character, and overall welfare of the neighborhood by creating such impacts as excessive density, noise, light glare, odor, vibration, dust, or traffic. These findings support the position that the land use map at this location should not be changed. Thank you. Vice Chair Spence -Jones: Sir, you're recognized. State your name and address for the record. Marcelo Fernandes: Good afternoon. Marcelo Fernandes, vice president of 64 Development Corp. I've probably not taken the usual path getting here before you guys since my request is based on a true grassroots campaign I've done in an effort to figure out the best for the neighborhood rather than to maximize returns on my investment on this property. I am the owner, the developer, the general contractor, and the real estate broker on this property. I've been developing here in Dade County since 1980, and been focused primarily on luxury single-family homes. The property in question, I purchased in 2002. And as I put on the board here, the four lots that are in question are the hatched lots with the -- in the shaded areas; four lots on the north of 58th and one on the south of 58th. I also own the remaining shaded lots that are C-2 zoned immediately to the east of those lots. The -- in the past six years, since I've owned this property, I have personally met with the immediate neighbors numerous times. I've met with commercial property owners in the area numerous times. I've met with Ms. Lilliane Delbor, the principal of Toussaint L'Ouverture Elementary School in the district. I've met with Edison -Little River Community Advisory Committee. I've also met with both NET (Neighborhood Enhancement Team) offices, the Little Haiti and Upper Eastside. I've also, in the past, submitted numerous and extensive applications with the community development agency for different projects looking for subsidies, such as this pamphlet over here that were not approved. After all these years of dedication of time and money, I respectfully disagree with the Planning Advisory Board's denials and with the Zoning Board denials. I truly believe that based on this particular parcel in this neighborhood, I feel I have better informed to show what's better for this immediate neighborhood. I feel the decision were based on generalities of changing commercial to residential. I know that changing residential to commercial is quite a tall order to ask for, but in this particular case, based on my specific site application, I truly believe this is the currently best available development plan for this neighborhood. Now I also understand the need for affordable housing here in the City, and that's why I spent the first few years of this property trying to develop it into a low -density affordable residential project. I did submit plans and permits for a low -density residential project, one- and two-story buildings. Actually, my favorite project is not the one I'm presenting you now. My favorite project is the one that had a live/work concept that had one- and two-story residential buildings. But this really can only be achieved with subsidized funding. Regardless of the construction costs, this neighborhood desperately needs improvement of the utilities. The infrastructure is one good example. The current water main is only a two-inch main residing on that street, which would require a 12-inch water main extension for about five and a half blocks, which really threw the whole cost effectiveness of my City ofMiami Page 94 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 small project here. Commissioner Gonzalez: Tell me about it. Mr. Fernandes: Even at the peak of the recent real estate boom, a year and a half ago, the residential values in this neighborhood were not -- were still below what it would cost me to deliver these products, even at the boom; and we're obviously past the boom now. I actually have living proof of this because just one block away in that handout you'll see, the Pinnacle project is being finished. It is an 11-story, 186-unit project that has been subsidized by the City and the County. It must be a high-rise, it must be maximized, and it must be subsidized to make it work, and this is why this is working there. This is also one of the reasons why I'm unable to get the funding there because the funding has been donated just one block away from my project. So having exhausted all efforts of trying to get some public funding in the last six years and trying to assist in improving this neighborhood, I present you with this plan, which is a low -density office warehouse project. These have been designed as small units. They're ranging from 750 square feet to 1,200 square feet. There is definitely a demand in the area for this type of product. A lot of the warehouse and office spaces there are older buildings; they're 6, 7,000 square feet. This will help attract small business owners to the area. Our design has also taken into consideration the neighboring duplex properties immediately to the west. I do have commercial north of me, east of me, and south of me. On these -- the duplexes on the immediate west, we have buffered them with landscaping and the parking area to avoid having any building next to the residential area. This property allows me to develop -- this allows me to develop the property, recoup my capital investment, and even based on current rental rates and sales figures for commercial, this is not really a heavily profitable development. It just gets the project move [sic] and the area developed. I can't keep this parcel vacant much longer. The neighbors are in contact with me, and they're desperately asking me to get something built to help eliminate the illegal dumping, the drug trafficking, and the prostitution in those vacant lots. Please, see -- I have knocked on doors and personally got e-mails (electronic) and petitions from the neighbors there. I have no opposition for this project there. So, even if this application is denied today, I will proceed -- and this is not a threat; it's just what's going to happen -- with the C-2 lots. I'm going to proceed with the as -of -right and build the C -- the warehouse project on the C-2 lots. Again, one-story warehouse is very low density. It would be a shame to leave these four and a half lots in between vacant and undeveloped. Even the lot on the south side, lot 4, is not even a buildable R-2 lot. The R-2 lot, to be buildable, requires a 50 by 100, 5,000 square feet. Commissioner Gonzalez: Yep. Mr. Fernandes: That lot is currently 50 by 64; it's 3,200 square feet. So approving this site -specific application, I think, is good for the neighbors and the City. I do not see any negative issues here. The domino effect was brought up before in the Zoning Board about allowing one guy to get commercial, the domino effect to that commercial intrusion. Well, the process of any zoning change is, as you know, very difficult and lengthy. And I'm confident, based on what I've experienced, any future changes requests of zoning without a basis or benefit to the City and its residents I feel is almost impossible to achieve here. So, in conclusion, I'm asking you for one more thing. I believe I've reached the highest level appeal with the City here on this project. And if you don't believe this is the correct way to proceed with this property, then I am asking you to please give me some direction or insight what should be done. The residents of the area and I would hate to leave these parcels vacant, not benefiting anybody. Thank you. Vice Chair Spence -Jones: Like to officially open up the mike for any public comment. Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street. I'm the vice president of the Morningside Civic Association. Our neighborhood, as you know, is right across the boulevard and the railroad tracks from this area. I'm also a member ofMiami Neighborhoods United, an City ofMiami Page 95 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 organization, which, as you all know, I'm principal, is very opposed to commercial intrusions into residential properties. And in that sense, I agree with the Planning Department and the Planning Advisory Board and the Zoning Board. Now then, should you find in your wisdom that you want to go along with this, I would ask, is there some mechanism that prevents all the FAR (floor area ratio) from those R-2 lots, which would then be converted to commercial, from being used in a lot assemblage to put up an extremely tall building? See, that's the problem with these. Mr. Marcelo here, Mr. Fernandes, is a gentleman. I've known him for a few years, not a long time. We've worked together on some issues. But what's to prevent, for whatever reason, he runs into a hardship, he has to sell; and now this is a very large piece of commercial property intruding into a residential neighborhood? What protection does the neighborhood have that the possible potential next owner won't be a gentleman like this -- Chair Sanchez: Covenant. Mr. Cruz: -- fellow is here? Chair Sanchez: Covenant. Mr. Cruz: That's it. How do you split that baby? Vice Chair Spence -Jones: He's saying covenant. Mr. Cruz: How is the covenant enforced by the citizens? Commissioner Sarnoff It should -- no, no, no -- Chair Sanchez: No, no, no, no, no, no. Commissioner Sarnoff -- run with the land. The City could enforce it. Chair Sanchez: Oh, yeah. Commissioner Sarnoff The City could preclude another developer from coming in by looking at the title and saying this has been dealt with by the City Commission and, you know, the only thing that could be built is this building. Mr. Cruz: Okay. Wonderful, if you think that can happen. Chair Sanchez: No. Vice Chair Spence -Jones: And we also -- I know that we -- Commissioner Sarnoff Are we right on that, Madam City Attorney? Chair Sanchez: Yeah. Vice Chair Spence -Jones: Well, I know we've done it before on 20th Street. Maria J. Chiaro (Assistant City Attorney): Okay. Right. Before there's any -- Chair Sanchez: You know, you're beginning to sound like -- Ms. Chiaro: -- further -- Chair Sanchez: -- a land -use attorney now. You're scaring me. City ofMiami Page 96 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Commissioner Sarnoff I'm beginning to like this stuff. Ms. Chiaro: -- before any further discussion related to the possibilities of what a covenant could do, you can only discuss that if a covenant is voluntarily proffered. Commissioner Sarnoff Is voluntarily offered. I thought I heard him say something about that. He was (UNINTELLIGIBLE) it. I don't think the record completely heard it. But if he did voluntarily provide a covenant, how would that work in answer to Mr. Cruz's question? Ms. Chiaro: The covenant could limit the development to a certain height or -- Commissioner Sarnoff And who -- Ms. Chiaro: -- to the project, as presented. Commissioner Sarnoff -- could enforce that covenant? Ms. Chiaro: The City ofMiami. Commissioner Sarnoff Okay. Mr. Cruz: The reason I asked that question is because I have been in these chambers before when I've heard previous attorneys, City attorneys, say covenants have to be enforced by the public, by the neighbors; that it's up to us to bring forward to the attention of the City, hey, there was a covenant here. Ms. Chiaro: Certain covenants that are provided at times by homeowners' groups, et cetera, are for the benefit of the group. But if the covenant is offered, then the covenant can be offered for the benefit of the City and enforced by the City. Mr. Cruz: So this would not fall under the category of conditional zoning? Ms. Chiaro: If the covenant is voluntarily offered, it is not conditional zoning. Mr. Cruz: Okay. Thank you. Vice Chair Spence -Jones: Any other questions from the audience? Hattie Willis: My name is Hattie Willis, and I'm a resident of Little Haiti. My address is 5510 Northwest 1st Avenue. Commissioner, I'm not in agreement with the warehouse. I -- we need residential. And in that space -- I'm agreeing with Elvis, and I've seen this before. It starts out this and then turns into something else. If it's a way for you to guarantee certain things, then it might be a possibility, butt would prefer for it to be residential. And we don't need anymore warehouses; we just don't in that neighborhood, okay? Thank you. Vice Chair Spence -Jones: Any more comments from the floor? Okay. The public hearing is officially closed. We're going to bring it back to the Commission. Are you -- you're chairing, right? Chair Sanchez: Yep. Vice Chair Spence -Jones: Okay. Chair Sanchez: Commissioner -- Vice Chair Spence -Jones, you're recognized on PZ.9. City ofMiami Page 97 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Vice Chair Spence -Jones: Okay. First of all, let me say I can say this about this particular development. I do know that this has at least been a two-year in the making of trying to figure out -- I know this particular project has gone through CD (Community Development), Economic Development, every possible source of -- source in the City ofMiami to figure out what we can do to put on those vacant parcels. And because of the subsidy issue, it has been a true -- truly a big problem. Elvis? Where's Elvis? Did he leave out? Did Elvis leave the room? Okay. No pun intended. Commissioner Sarnoff Elvis has left the building. Vice Chair Spence -Jones: One of the things that I wanted to make clear on the record today -- and I'm glad that Elvis brought it up as an issue -- I would have had huge, big concerns if this particular project didn't have smaller warehouses in the area. And while I agree with Ms. Willis on some of her comments regarding it, Hattie, I do know that there's a serious shortage of office space or smaller warehouse spaces in the area for smaller businesses. Marlene Bastien knows that -- as a matter of fact, that's one of the issues we're having. We never have enough space for smaller businesses in the area. My big concern on the overall issue -- and we've had this discussion -- Koteles from my office has had this discussion and Orlando has had this discussion regarding this overall project. And the only way that I was really willing to even consider this project is if there was some sort of project or natural barrier that would be put between the existing residents that were living there and the new commercial buildings that were being added. And I believe, based upon my conversation with Orlando Toledo, the Planning Department has not seen the revised plans that would include this new natural barrier that I'm assuming that you're going to talk about today or at least proffer. Mr. Fernandes: Correct. Vice Chair Spence -Jones: Okay. But in order for me to, you know, move ahead beyond this point, I would have really want to see that we're moving in the direction of creating that for the particular -- for that particular community. I have seen and I have heard from many of the residents in that surrounding area that support the project happening there. I see that you did a door-to-door campaign asking for support on that particular project, and you have the support regarding it. I know that even the rents that you're proposing to put on those units are very reasonable for the businesses in the area, which is needed. So I'm, for the most part, in support of the project only if it comes back by the second reading -- Chair Sanchez: Covenant. Vice Chair Spence -Jones: -- with -- Right. Well, two things; if it comes back by the second reading with the changes made on the existing project and supported or at least approved by the Planning Department. And also, I think that I need to also recommend to you that whatever that area is that buffers between the residents and the existing -- or the new buildings that you want to put there, the commercial project, at least the community's involved somehow in that planning process as to what goes on that space and how it goes or how it happens. Then I would be in support of it. Madam City Attorney, you said the only thing that we needed to put on the record today or at least -- I guess he would also have to proffer making sure that there's some sort of covenant that runs along with the land to ensure that he does not sell out or sell the property only for another major developer to come into the area, and the next thing we know, we have a 20-story commercial building happening right there off 4th Avenue, so -- Ms. Chiaro: I understand the covenant to be offered will tie this -- Chair Sanchez: No, no, no. For the record, he proffered, voluntarily, the covenant. City ofMiami Page 98 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Ms. Chiaro: I understand the covenant offered will tie the development to the plans on file. Chair Sanchez: Okay. Vice Chair Spence -Jones: So -- Mr. Fernandes: Correct. Vice Chair Spence -Jones: -- I just want you to be very clear. I'm only in support of the project until the next reading, second reading. And if those changes have not been made regarding that with the Planning Department, to accommodate the community and all the things that we talked about today, then it'll be a different story. But I need for you to proffer -- just on the record so at least the community that's here and the community that's watching has an understanding as to what you're proffering. Mr. Fernandes: I have no problem proffering a covenant with the land that is site -specific or development -specific to what I've presented here or was presented to the Planning Department, and also willing to work with the Planning Department between now and the second reading to finalize those -- the covenant. Vice Chair Spence -Jones: Okay. We -- okay. I just want to be clear because I know that you also communicated about creating -- I wanted you to proffer it. Mr. Fernandes: Oh, yes, the buffer between -- some kind of tot lot or playground to help the buffer between the two areas could also be -- will be considered and work -- whatever requirement the Planning Department has for me to do that, I'd like to offer that also. Vice Chair Spence -Jones: Okay. Considered? Mr. Fernandes: Considered. Vice Chair Spence -Jones: Okay. So part of -- Madam City Attorney, I know that I'm limited as to what I can say, but I -- can I sfrongly urge? Ms. Chiaro: You can sfrongly urge, but it -- I mean -- Vice Chair Spence -Jones: I mean -- Commissioner Gonzalez: You can say what you would like to see, not what you -- Ms. Chiaro: -- the offer needs to be made by the applicant. Mr. Fernandes: Yes. I'm willing to give a -- or donate a park area between the buffering of the commercial and the residential. I'm sure I have to work with the Planning Department to see how and when and -- that is solidified, but I'm willing to do that and proffer the covenant with the land. Orlando Toledo (Senior Director, Building, Planning & Zoning) Let me just add that not only -- I mean, we need a complete set of plans. We need site plan; we need elevations, landscaping, and a context plan. Mr. Fernandes: Yes, sir. Commissioner Sarnoff Did you say maintenance? City ofMiami Page 99 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Chair Sanchez: Everything. Mr. Toledo: I'm sorry? Vice Chair Spence -Jones: Wait. It's his park. Commissioner Sarnoff I'm sorry. Did you say maintenance, as well? Mr. Toledo: No, context -- Commissioner Sarnoff Oh -- Mr. Toledo: -- plan. Commissioner Sarnoff -- okay. Vice Chair Spence -Jones: But it's his park. It's his park. I mean, it's your green space. Mr. Fernandes: Correct. It'd be my park for the community. Vice Chair Spence -Jones: For the community. All I would advise is that you somehow at least definitely coordinate with the community this green tot lot space. This is an area that's maybe two blocks away or three blocks away from Little Haiti Cultural Complex. We have no green space surrounding that area. The kids in that particular community would love to have a place to, you know, play and have a great time, and it would definitely be valued and appreciated on that side of Northeast2ndAvenue. So you have some wonderful community leaders here; Marlene Bastien from FANM (Fanm Ayisyen Nan Miyami, Inc.), that'd be more than willing -- she deals with a lot of children's based programs. They maybe just can give you insight of you know, kind of what can happen on the space. And of course, Ms. Hattie Willis has been very much involved in the whole Hattie -- Little Haiti Park. Just want to make sure there's a -- some sort of coordination with the community so they feel like they're a part of it. Mr. Fernandes: Absolutely. Vice Chair Spence -Jones: All right. Thank you so much. And I know you have really fried almost, I mean, everything to make something happen. So with that being said, I'd like to move this item. Commissioner Gonzalez: Second. Chair Sanchez: All right. Madam Attorney, there's been a motion and a second. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chair Sanchez: All right. Before we go to the roll call, I would want to see everything before second reading, including the covenant. Ms. Chiaro: Okay. Vice Chair Spence -Jones: Yeah. Chair Sanchez: Just for the record. All right. Roll call. Priscilla A. Thompson (City Clerk): Roll call. City ofMiami Page 100 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. PZ.10 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. 07-01381 zc Analysis.PDF 07-01381 zc Zoning Map.pdf 07-01381 zc Aerial Map.pdf 07-01381zcApplication & Supporting Docs.PDF 07-01381zcZB Reso.pdf 07-01381zc CC Legislation (Version 2).pdf 07-013811u & 07-01381zc Exhibit A.pdf 07-01381zc CC SR Fact Sheet.pdf Votes: 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. PURPOSE: This will change the above properties to C-2 Liberal Commercial. The applicant will proffer a covenant for these properties. Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado Chair Sanchez: All right. Let's do PZ.12 and 13. Get some of you -- Priscilla A. Thompson (City Clerk): I'm sorry. Chair Sanchez: -- on your way home. Ms. Thompson: I'm sorry, Chair. We have -- it's a companion -- City ofMiami Page 101 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Vice Chair Spence -Jones: Yeah. Ms. Thompson: -- 9 and 10, right? Commissioner Gonzalez: PZ.10 now. Commissioner Sarnoff Oh, okay. All right. PZ.10 is a companion on first reading. Is there a motion? Vice Chair Spence -Jones: So moved. Commissioner Sarnoff Second. Commissioner Gonzalez: Second. Chair Sanchez: There's a motion by Vice Chair Spence -Jones, second by Commissioner Sarnoff. It's a public hearing ordinance on first reading. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed; coming back to the Commission. It is on first reading. It has to come back to us again. No further discussion. All in favor -- no. It's an ordinance. I'm sorry. Madam -- The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chair Sanchez: All nighty then. Roll call. Ms. Thompson: 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. PZ.11 07-00939zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 627, CONCERNING THE SD-27 MIDTOWN MIAMI SPECIAL DISTRICT IN ORDER TO PERMIT AT INTERSECTIONS RETAIL AND OFFICE USES IN MIXED -USE BUILDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-00939zt PAB Reso.PDF 07-00939zt CC SR Legislation (Version 3).pdf 07-00939zt CC SR 05-22-08 Fact Sheet.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to the City Commission on July 23, 2007 by a vote of 7-0. PURPOSE: This will permit retail and office uses in mixed -use buildings at City ofMiami Page 102 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 intersections of the SD-27 Midtown Miami Special District. CONTINUED A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, with Commissioners Gonzalez and Sarnoff absent, to continue item PZ.11 to the Commission meeting currently scheduled for May 22, 2008. Note for the Record: Please refer to "Order of the Day" for minutes referencing item PZ.11. PZ.12 08-00164zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 18, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM C-2 LIBERAL COMMERCIAL TO C-2 LIBERAL COMMERCIAL WITH AN SD-19 DESIGNATED F.A.R. OVERLAY DISTRICT, F.A.R. OF 2.1, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3528, 3530 AND 3586 NORTHWEST 36TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-00164zc Analysis.PDF 08-00164zc Zoning Map.pdf 08-00164zc Aerial Map.pdf 08-00164zc Letter of Intent.PDF 08-00164zc Application & Supporting Docs.PDF 08-00164zc ZB Reso.PDF 08-00164zc CC Legislation (Version 2).pdf 08-00164zc Exhibit A.pdf 08-00164zc CC SR Fact Sheet.pdf LOCATION: Approximately 3528, 3530 and 3586 NW 36th Street [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Gilberto Pastoriza, Esquire and Estrellita Sibila, Esquire, on behalf of Elite Construction & Development, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on March 10, 2008 by a vote of 5-4. PURPOSE: This will change the above properties to C-2 Liberal Commercial with an SD-19 F.A.R. Overlay District, F.A.R. of 2.1. 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 City ofMiami Page 103 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Direction by Commissioner Gonzalez to the Administration to provide him with designs on file provided by Elite Construction & Development, Incorporated by next week. Chair Sanchez: All right. Now we could go on to PZ.12 and 13. Gilberto Pastoriza: 12. Chair Sanchez: 12? Priscilla A. Thompson (City Clerk): 12. Mr. Pastoriza: 12, yes. Chair Sanchez: Oh, it's -- Mr. Pastoriza: 12 -- Chair Sanchez: -- three of them? Mr. Pastoriza: No, no. 12 is just by itself. Chair Sanchez: How long is yours going to take? Mr. Pastoriza: Hopefully, not too long. Chair Sanchez: Is there any opposition to this item here, PZ.12? There is no opposition. Mr. Pastoriza: I'm willing to bypass the presentation if this Commission -- Commissioner Gonzalez: Yeah, butt would like to hear about it. I would like to -- Mr. Pastoriza: Okay. Commissioner Gonzalez: -- know what -- Chair Sanchez: Yeah. Listen -- Commissioner Gonzalez: -- you know, what's going on. Chair Sanchez: -- do me a favor. Commissioner Gonzalez: I mean, what -- Chair Sanchez: Listen -- Commissioner Gonzalez: -- is it that you want. What -- Chair Sanchez: Let's go ahead and do -- Roberto Lavernia (Chief of Land Development, Planning Department): For the -- Chair Sanchez: --12, and then we'll go with 13 and 14. Mr. Lavernia: -- records, Roberto Lavernia, with the Planning Department. This is a request for a zoning change in order to add SD-19 and increase the FAR (Floor Area Ratio) up to 2.1. City ofMiami Page 104 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 The Planning Department recommend denial, and the Zoning Board recommend approval to City Commission. As you know, the Planning Department object to any increase of the FAR because of big buildings and transition to the residential so that's why we recommend denial of any increase of FAR in a building. Commissioner Gonzalez: Yeah, but -- Chair Sanchez: This -- once again, this is on -- Commissioner Gonzalez: But my -- Chair Sanchez: -- first reading. Commissioner Gonzalez: -- point is this -- don't leave. What they're frying to do is increase the height of the building or whatever they're going to build there, right? Mr. Lavernia: Yes. Commissioner Gonzalez: But this is right on 36 Sfreet. Isn't this confrolled by FAA (Federal Aviation Administration) because of the -- Mr. Lavernia: Yes. Commissioner Gonzalez: -- proximity to the airport? Mr. Lavernia: Yes. Commissioner Gonzalez: So they will be confrolled. You know, you don't have to control them. They will be controlled by a higher authority. So how high can they go there? Orlando Toledo (Senior Director, Building, Planning & Zoning): Presently, FAA -- or the County states that only 300 feet to -- Commissioner Gonzalez: How much? Mr. Toledo: -- the maximum of 300 feet. Chair Sanchez: Three hundred feet. Mr. Toledo: But you got to go -- you're going to C-2, which only allows you 120 feet. Now -- Commissioner Gonzalez: Which is 12 stories, right? Mr. Toledo: Ten to twelve stories. Commissioner Gonzalez: Ten to twelve stories. All right. And this is right on 36 Street. And let me tell you, 36 Sfreet, I have been able to do a lot of improvement in the district. The section that has been the hardest to get people to come and invest is on 36 Street. I don't know why. Fortunately, we're going to have the Intermodal completed by 2009, I believe, or 2010, and then I believe there will be some interest on 36 Street. But so far, it's -- there -- it is a resistant [sic] to do anything on 36 Street. It's in total decay, and we need to bring some economic development and some, you know, new buildings to the area. So -- but anyway, let me -- Thank you, Roberto. -- hear from you. Mr. Pastoriza: Mr. Chairman -- City ofMiami Page 105 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Chair Sanchez: All right. Mr. Applicant -- Mr. Pastoriza: -- good afternoon. Chair Sanchez: -- you're recognized for the record. State your name and address. Mr. Pastoriza: Gilberto Pastoriza, 2525 Ponce De Leon, 7th floor, in behalf of Elite Constructions [sic]. The property's located between 35th and 36th Avenue on the south side. And as you know, the property zoned C-2 is designated general commercial. As you know, this portion of the City is just what is shown here in orange. The balance of the -- or to the south, immediately to the south of this property, is Dade County, Unincorporated Dade County. Commissioner Gonzalez: Right. Mr. Pastoriza: And if you take a look at the Dade County Code, immediately south of this property is a real hodgepodge. You have industrial zoning. You got commercial zoning. You got residential zoning. So it's not a very well formulated area. What we're doing is asking for a -- for an FAR increase to 2.1. We are not rezoning the property. The property is going to remain C-2. The C-2 has a height limitation of 120 feet, which we will be abiding by. The additional floor area does two things. This is going to be a market project, but targeted to workforce. One of the things what we're doing the additional FARs is that we're putting in 18 three -bedrooms, two baths units. Most of the projects that you see around, you know, in this area, they limit themselves to a one-, two -bedroom mix. We're putting in 19 three -bedrooms. We're also putting commercial on the ground floor. I could go into the various -- the zoning district or the -- the zoning on the property allows 127 units. We're doing 112 units. There is a multitude of land use policies, land use objectives that this application complies with; L U-1-11, L U-1-.2 [sic], L U-1.2.1, L U-1.2.3, L U-1.3.14 and so on and so forth; some of the housing elements, too. I think one of the critical ones is that your Comprehensive Plan -- one of the goals, policies, and objectives in your Comprehensive Plan is to allow creative solutions in areas where they need rehabilitation. And one of the things that they tell you is they want to -- you can increase the overall density -- intensity in these areas. That's what we're doing here. We're increasing the intensity, not necessarily the density. The property's infill property. It's got water, sewer, utilities, bus routes; it's got everything. And then one of the key things here is that we do have -- we're less than a mile from the MIC (Miami Intermodal Center). The MIC, if you don't know -- the portion of the parking garage is pretty much up. That parking garage is going to consist of approximately 3.4 million square feet. It's going to have a capacity for 6,500 cars, and it's going to be the rental car hub for all the rental car companies. The MIC also has a component which they call the joint development component, and I gave you a little map that shows the location of it. One of the -- and that proposed development site talks about up to 1.4 million square feet of hotels, office, retail, parking. No residential. There is no residential being proposed at the MIC, so I think that we're -- this type of project -- product, once the MIC is up and running, is going to be a wonderful thing. They're going to have residential within a mile of the MIC. The MIC contemplates 76, 000 jobs during construction and 22,000 permanent jobs once it gets all done. This is an ideal place to put this type of use, and I ask that you follow your Zoning Board department's recommendations and approve this application. Thank you. Chair Sanchez: All right. Commissioner Gonzalez: One question for the staff. Chair Sanchez: Yeah. Commissioner Gonzalez: What guarantees me that this is going to be mixed -use project? City ofMiami Page 106 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Mr. Lavernia: The project that was presented as part of the internal design review have mix -- is a mixed -use project. If they want to change the project, they have to come back. Commissioner Gonzalez: They have to come back? Mr. Lavernia: Yeah. Mr. Pastoriza: We need a special exception on that project. Commissioner Gonzalez: So, actually, ifI move to approve this, what I'm approving is a mixed -use project. Mr. Lavernia: Yes, sir. And if they want to change that -- Commissioner Gonzalez: If they going to change it, they have to come back to us. Mr. Lavernia: Yes. Commissioner Gonzalez: All right. With that -- Mr. Lavernia: A modification to the special exception. Commissioner Gonzalez: -- condition, I'll -- Chair Sanchez: All right. Commissioner Gonzalez: -- make a motion to approve the -- Commissioner Sarnoff Second. Commissioner Gonzalez: -- zoning change. Chair Sanchez: For the record, there is a motion by Commissioner Gonzalez, second by Commissioner Sarnoff on first reading of PZ.12. Maria J. Chiaro (Assistant City Attorney): An ordinance -- Chair Sanchez: All right. Ms. Chiaro: -- of the Miami City Commission with attachments -- Chair Sanchez: Whoa, whoa, whoa, whoa, whoa. I haven't opened up to the public. Anyone from the public wishing to address -- Commissioner Gonzalez: Another thing -- another question. Do we have any control on the design of the building or not? Yeah. Because I -- Mr. Lavernia: Yes, sir. Commissioner Gonzalez: -- also, I don't want them to build me a box. Mr. Lavernia: They need a special exception. As part of the special exception process, it will be design review, and the special exception will be per plans on file. If they want to change those files, they have to come back and do a substantial modification that requires a design review again. City ofMiami Page 107 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Commissioner Gonzalez: So they have any designs on file now? Mr. Lavernia: Yes. Commissioner Gonzalez: They do? Mr. Lavernia: Yes. Commissioner Gonzalez: Okay. Could you provide them to me next week? Mr. Lavernia: Yes. Commissioner Gonzalez: All right. Thank you very much. Mr. Lavernia: The set that we have as part of the design review, I can bring it to you. Commissioner Gonzalez: Thank you very much. Chair Sanchez: All right. You want to show them now? I was -- Mr. Pastoriza: Commissioner, I do have the facades, the elevations for the building here; and then I also have a site plan. But since this was just a rezoning SD-19, I didn't bring it -- Chair Sanchez: All right. Mr. Pastoriza: -- forward, but -- Commissioner Gonzalez: All right. Great. Chair Sanchez: Let me open it up to the public. Anyone from the public wishing to address this item, please step forward. Seeing no one, let the record reflect the meeting was opened to the public and closed. It comes back to the Commission. There's been a motion by Commissioner Gonzalez, second by Commissioner Sarnoff. This is an ordinance on first reading, requiring a second reading. Madam Attorney, read the ordinance into the record, followed by a roll call by the City Clerk. The Ordinance was read by title into the public record by Assistant City Attorney Maria J. Chiaro. Chair Sanchez: All right. Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Chair Sanchez: Let the record reflect 4/0. Mr. Pastoriza: Thank you. Chair Sanchez: Absent, Vice Chair Spence -Jones for the vote. PZ.13 07-00863ha RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY A. VICKY GARCIA-TOLEDO, ESQ. AND ASHLEY K. City ofMiami Page 108 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Votes: ARONOWITZ, ESQ. ("APPELLANTS") AND REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH DENIED A CERTIFICATE OF APPROVAL FOR THE REMOVAL AND RELOCATION OF TREES TO ACCOMMODATE NEW CONSTRUCTION OF THE PROPERTY LOCATED AT APPROXIMATELY 4055 SOUTHWEST 37TH AVENUE, WITHIN AN ENVIRONMENTAL PRESERVATION DISTRICT, MIAMI, FLORIDA. 07-00863ha Appeal Letter.PDF 07-00863ha Aerial Map.pdf 07-00863ha HEPB Reso.PDF 07-00863ha Copies of Exhibits Submitted to HEPB on 03-04-08.PDF 07-00863ha Vote Sheets 03-04-08 HEPB.PDF 07-00863ha Specific Purpose Survey.pdf 07-00863ha Fact Sheet 03-04-08 HEPB.PDF 07-00863ha Curriculum Viates for Expert Witnesses.PDF 07-00863ha Support Signatures Submitted by Applicant 03-04-08 HEPB.PDF 07-00863ha Tree List-Disposition.PDF 07-00863ha Tree Pictures.pdf 07-00863ha Existing Tree Study.pdf 07-00863ha Proposed Plant List & Mitigation Chart.PDF 07-00863ha Numbered Tree Pictures.PDF 07-00863ha Root Bridge Plan & Section Detail.PDF 07-00863ha Exisiting Tree Study - 10-15-07.pdf 07-00863ha Vote Sheets 02-05-08 HEPB.PDF 07-00863ha Fact Sheet 02-05-08 HEPB.PDF 07-00863ha Entry Elevation Submitted by Applicant 02-05-08 HEPB.PDF 07-00863ha Certificate of Approval Application & Plans.PDF 07-00863ha Tree List - Grove Estates.PDF 07-00863ha CC Legislation (Version 2).pdf 07-00863ha CC Legislation (Version 3).pdf 07-00863ha CC Fact Sheet.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Ayes: 4 - Commissioner Gonzalez, Samoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-08-0229 Chair Sanchez: All right. Ladies and gentlemen, PZ.13 and 14. Please tell me there is an amicable agreement. Vicky Garcia -Toledo: There's better than an amicable agreement. There's a settlement. Chair Sanchez: I love it. Ms. Garcia -Toledo: For the record, Vicky Garcia -Toledo, with the law firm ofBilzen Sumberg, and I'm joined here with my associate, AshleyAronowitz, on behalf ofEFC Holdings. Andl am extremely proud to stand before you today because I'm always happy and pleased when I can say we have a new project and that project has the full support of its neighbors on both sides. And before Igo any further and tell you about the settlement and ask Jeff Bass to join me, I would like to particularly give thanks to the Bay Homes Roads -- Bay Home Roads Association. They've been working with EFC for five years. They have been supportive. They have worked -- City ofMiami Page 109 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 they have given up their time to help us develop a better project. I am very pleased that every concern that they gave us, we addressed, and we were able to meet all their requirements; the buffer that they wanted, the road to the south of the property, no access from their area. And so, a very special thanks to a very good group of Grovites. I'm also happy to report to you that we have been able to work very closely with the Kampong for the last -- continuously for the last three or four nights. I don't think any of us have gotten much sleep. And we hammered out an agreement that fruly improves and enhances both of our projects. So I'm extremely satisfied with that also. I would ask Jeffrey, on behalf of the Kampong, to come forward if he wants to talk to you about it. I am prepared to do a full presentation. All my experts are here. We need to ask you -- but at your pleasure, of course -- to grant the appeal from the HEP (Historic and Environmental Protection) Board decision to approve the MUSP (Major Use Special Permit). We would like you to approve the MUSP without the conditions of staff. We have a beautiful entrance feature that has been designed by some of the most talented landscape architects, Mr. Raymond Jungles, and designer and architect, Renee Alvarez. And we feel that the height of that entrance feature is old Grove feel, including plantings on the roof so it looks like it's part of the canopy. It's very important. And we would ask you then to add a condition to the MUSP, which is the settlement agreement which we are going to enter into the record, as part and as a condition of the MUSP. That settlement agreement will be a covenant running with the land. It will be recorded -- Chair Sanchez: But that's on -- Ms. Garcia -Toledo: -- in the public record. Chair Sanchez: -- PZ.14? Ms. Garcia -Toledo: That's on PZ.14, which is the MUSP. Chair Sanchez: All right. Ms. Garcia -Toledo: Jeffrey. Chair Sanchez: Jeff always a pleasure, my friend. Jeffrey Bass: Thank you, Mr. Chairman, members of the Commission. Jeffrey Bass is my name; 46 Southwest 1st Street is my address. And it's my pleasure to be representing the Kampong, and it's my pleasure to tell you that as painful as your processes are, they do work when they're allowed to run their course. And I'd like to just take a moment and thank Marissa Ford, David Lee, and Lynn Gibson because this has truly been a team effort of people motivated from the purest of intentions, and that is to preserve and protect and promote the Kampong as that special place. And I think that, unlike a lot of settlement agreements, this settlement agreement was so carefully crafted that hopefully it could serve to incentivize other people in disputes -- land use disputes to think carefully about what their goal is and come up with a creative way to reach that goal to the mutual betterment of both parties. So it's always a pleasure to work against Vicky, and even more so, to work with Vicky -- or work on Vicky, depending what time of the day or night it was. I don't think there's anything else that I could add, other than to say that -- Commissioner Sarnoff Where's George? Ms. Garcia -Toledo: That could be misunderstood, huh? Jeffrey. Chair Sanchez: Jeffrey's always got that can -do attitude. Ms. Garcia -Toledo: Now you have him blushing. City ofMiami Page 110 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Mr. Bass: -- yes, you have our support. We withdraw our objections upon the condition that that settlement agreement is made a condition of the development order. Thank you. Chair Sanchez: And I thought this was going to be painful. All right. It's great to hear that you worked out the conditions. You want to put them on the record? How do you want to handle this? Mr. -- Ms. Garcia -Toledo: The document is [sic] been introduced into the record. It speaks for itself. If you are to approve with that one condition, the MUSP -- Chair Sanchez: All right. Ms. Garcia -Toledo: -- we're home free. Commissioner Sarnoff Let me make a motion -- Chair Sanchez: Let's follow the process. Mr. Bass: IfI could -- Chair Sanchez: Let's get a motion. Mr. Bass: -- ifI may, just one moment. We have lots of supporters from the Kampong here who are actually here to show their support to you all and to this agreement. So I would ask the members of the Kampong to stand and just be recognized. They're here quietly to show their support and that they are active participants in this community. Thank you. Good to see you all. I hope every time I see you it goes just like this. Chair Sanchez: Thank you so much. Okay. Let's go ahead and get a motion by Commissioner Sarnoff. Commissioner Sarnoff IfI heard -- Chair Sanchez: And I need a second. Commissioner Sarnoff -- Ms. Toledo correctly, it is a motion to grant the appeal. Chair Sanchez: Yes. Ms. Garcia -Toledo: Correct. Chair Sanchez: That's the first motion we need. Commissioner Sarnoff Correct. Chair Sanchez: All right. Commissioner Gonzalez: Second the motion. Chair Sanchez: Second by Commissioner Gonzalez. For the record, I have to open it up for the public hearing. And anyone from the public wishing to address this item, please step forward and be recognized. There were people who showed up for support. For the record, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12. Ms. Garcia -Toledo: And also the Bay Home Roads neighbors are here. City ofMiami Page 111 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Chair Sanchez: Absolutely, and they're also here in support. Okay. All right. That was about maybe six, seven; one got back -- got up a little late back there, butl counted them. All right. So that takes care of that. It comes back to the Commission. There's a motion and a second. This is a resolution. Before we vote on it, let me just tell you something. That it's pleasing to see people that really have it in their heart to do what's right for their community and they're willing to compromise, and they're willing to sit down and make the right decision, maybe not to benefit themselves a hundred percent, but overall to work out the differences. And at the end of the day, as you stated it yourself, this is going to be a much better project. It is going to enhance the quality of life, and above all, it's going to make our community a much better place. So believe me, we sit up here and we hear these debates and it was just pleasing -- and I was telling the Commissioner I hope they come to a compromise or else we're going to be here for about three or four hours. So it's just refreshing to see that you were able to work out an agreement. And I want to thank both attorneys for their leadership. All right. So it's a resolution. Priscilla A. Thompson (City Clerk): IfI could just get clarity from the Chair, please. It says here -- and I want to make sure we have the language right -- granting the appeal. Chair Sanchez: Yes. Ms. Thompson: Is it affirming or reversing the decision of the Historic Environmental --? Maria J. Chiaro (Assistant City Attorney): Reverse. Chair Sanchez: Reversing. Commissioner Gonzalez: Reversing. Chair Sanchez: Okay, so -- Ms. Thompson: Okay. Chair Sanchez: -- it's corrected on the record before we vote. And then we'll deal with the other item, which is PZ.14, and that one will have conditions. All right. Ms. Thompson: Thank you. Chair Sanchez: 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, 4/0. Let the record reflect Commissioner Spence Jones was not present for this vote. PZ.14 07-00863mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE GROVE ESTATES PROJECT, A RESIDENTIAL DEVELOPMENT TO BE LOCATED AT APPROXIMATELY 4055 SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA; COMPRISED OF A MAXIMUM OF 11 SINGLE-FAMILY RESIDENTIAL STRUCTURES, WITH UP TO 201,477 SQUARE FEET OF FLOOR AREA, AND A MAXIMUM HEIGHT OF 25 FEET AND 0 INCHES (44 FEET AND 0 INCHES N.G.V.D.); AN ENTRY GATE HOUSE AND A CONCIERGE STRUCTURE WITH APPROXIMATELY City ofMiami Page 112 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 1,000 SQUARE FEET OF FLOOR AREA; AND APPROXIMATELY 37 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 #5- PAB- 01.16.08.pdf 07-00863mu PAB Reso.PDF 07-00863mu CC Projects in Vicinity.pdf 07-00863mu Outside Cover.PDF 07-00863mu Inside Cover.PDF 07-00863mu Table of Contents.PDF 07-00863mu I.A. Application for a Major Use Special Permit.PDF 07-00863mu I.B. Disclosure of Ownership.PDF 07-00863mu I.C. Ownership Affidavit.PDF 07-00863mu I.D. Miscellaneous Documents.PDF 07-00863mu I.E. Directory of Project Principles.PDF 07-00863mu I.F. Project Data Sheet.PDF 07-00863mu I.G. City of Miami Zoning Atlas Map.PDF 07-00863mu I.H. Resolution by HEP Board Approving Certificate of Appropriateness.PC 07-00863mu I.I. Grove Estates Design Guidelines.PDF 07-00863mu II. Project Description.PDF 07-00863mu III. Tab 1. Minority Construction Employment Plan.PDF 07-00863mu III. Tab 2. Traffic Impact Analysis.PDF 07-00863mu III. Tab 3. Site Utility Study.PDF 07-00863mu III. Tab 4. Economic Impact Study.PDF 07-00863mu III. Tab 5. Survey of Property.PDF 07-00863mu III. Tab 6. Drawings Submitted.PDF 07-00863mu CC Disclosure to Support or Withhold Objection.pdf 07-00863mu CC HEPB Reso.pdf 07-00863mu CC Legislation (Version 2).pdf 07-00863mu Exhibit A.pdf 07-00863mu Exhibit B.pdf 07-00863mu-Exhibit File C.pdf 07-00863mu CC Fact Sheet.pdf 07-00863-Correspondence-E-mail.pdf LOCATION: Approximately 4055 SW 37th Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of E.F.C. Holdings, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Approved with conditions* a Certificate of Appropriateness on February 5, 2008 by a vote of 7-0. Also, denied a Certificate of Approval on March 4, 2008 by a vote of 7-2. See companion File ID 08-00863ha. PLANNING ADVISORY BOARD: Recommended denial due to a City ofMiami Page 113 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 motion to approve with conditions, which failed, constituting a recommendation of denial to City Commission on January 16, 2008 by a vote of 4-4. *See supporting documentation. PURPOSE: This will allow the development of the Grove Estates project. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-08-0233 Chair Sanchez: Okay. Let's go to PZ. 14. You want to go ahead and just put the conditions on the record now? Vicky Garcia -Toledo: Yes. I would like to -- for you to remove the two conditions that are currently on there; one is requesting the lowering of the height of the entrance feature, and the other one is three trees not to be removed, which the City has already granted permits of removal for them; and to add the condition of the settlement agreement being made a part of the record and as a condition. Commissioner Sarnoff Can you explain the three frees? Ms. Garcia -Toledo: Yes. The Planning Department in their conditions said, "The following specimen trees shall be preserved by further adjusting the roadway alignment around Trees 219, 293. Additional trees that are worth relocating on the existing proposals are Tree 321, 325 and 327." Commissioner, we are removing or relocating, I believe -- and Lisa and -- Lisa Hammer, our arborist -- our horticulturist, excuse me, is here and so is Raymond Jungles. So correct me, guys, if my numbers are not correct, but we are removing 23 frees that are, most of them, not in good condition. And we are replacing -- Chair Sanchez: Forty. Replacing 40? Ms. Garcia -Toledo: No. Chair Sanchez: No? Ms. Garcia -Toledo: No. Twenty-three. Chair Sanchez: Twenty-three? Ms. Garcia -Toledo: Twenty-three trees, and we're replacing them with 287 trees. Commissioner Sarnoff What size, what DBH (Diameter at Breast Height), and what height? Ms. Garcia -Toledo: We exceed the requirements of your Code by -- we're doing 200 percent of what is required on the site, based on the information in the MUSP (Major Use Special Permit). Over and above that, we -- part of the settlement we just entered into calls for a 10- to 15-foot buffer between our property along the entire boundary with the Kampong, which will probably be another 200 percent. So, in total, we are replacing those 23 frees -- Chair Sanchez: Okay. City ofMiami Page 114 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Ms. Garcia -Toledo: -- by about 400 percent what is required by law. Commissioner Sarnoff What is the DBH and what is the height? Ms. Garcia -Toledo: Raymond or Maurice. Chair Sanchez: No, no, no. Sir, you got to come up and state your -- I just wanted you to put the conditions -- no, yes. Please come up. Need your name and address and then you could put -- Ms. Garcia -Toledo: Total inches of trunk diameter to be -- Chair Sanchez: -- something on -- Ms. Garcia -Toledo: -- removed are equal to 369. Raymond Jungles: Hi. My name is Raymond Jungles. I'm the landscape architect for the project. Chair Sanchez: And your last name is "Jungles"? Mr. Jungles: Jungles, yes, andl was born with that name. Chair Sanchez: Nice. Mr. Jungles: And so it was the manifest destiny that I'm here in front of you right now. Basically, we're planting all native trees underneath the canopy of the other frees that are there. So the pigeon plums and the mastics and the trees that we can get at that size -- they're field grown -- will be 12 to, you know, 14 foot. The frees like the crabwoods and Jamaican capers and cinnamon bark and things like that that aren't larger -- available larger, I believe are going to be seven gallons, which is the largest size we can get them. But can furnish you with a complete -- the complete list of the specifications, which isn't here. These are just the removed trees. Commissioner Sarnoff And just to understand the frees again, Tree 219, 293, 321, 325, and 327 were what the Planning Department wanted you to keep? Ms. Garcia -Toledo: Yes. Commissioner Sarnoff And you are no longer keeping those trees, correct? Ms. Garcia -Toledo: The City has already issued a removal permit for, I believe, three out of those five trees. Commissioner Sarnoff Three of these five you just numbered? Chair Sanchez: All right. We're still on the conditions. That's the only thing we want to establish now to make sure that the other side agrees on those conditions 'cause, you know, people tend to say one thing and later do something else. Lisa Hammer: Good afternoon. Lisa Hammer. I'm at 2850 Coconut Avenue. Help me out here, Vicky. 219 -- Commissioner Sarnoff 293, 321, 325, 327. Ms. Hammer: We've already included those. There were a few that were already approved for City ofMiami Page 115 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 removal. Ms. Garcia -Toledo: These frees have already been removed from the list of trees on the site because they're already part of a certificate of approval for removal, and they're part of a free removal permit. Ms. Hammer: And some of them were damaged. The strangler figs had been damaged by storms; one had a big limb laying on the ground; one had been damaged by a lot of storms but also line clearing, pruning underneath the power lines. So the two stranglers -- Commissioner Sarnoff Well, let me -- Ms. Hammer: -- figs had been damaged. Commissioner Sarnoff Stop for a second 'cause, as the judge would say, just because the two agree doesn't mean I agree. I heard you say, when you first got here, the City want to preserve - - or correct me if I'm wrong, Vicky -- 219, 293, 321, 325, 327. Then I heard you say three of those trees are already subject to a tree removal permit. Ms. Garcia -Toledo: We're looking for that COA (Certificate ofApproval) that has approved the removal. Ms. Hammer: I can speak to the specific trees. Number 219 is a royal poinciana, and it's growing in very close proximity to a white sapote. They're almost melded together at the base. And we were proposing to relocate the white sapote, and I don't think that they would both survive if we tried to move them both together. And we thought that the white sapote was a more valuable species and it was worth relocating that one at the expense of the royal poinciana. Commissioner Sarnoff So the -- Ms. Hammer: So that was -- Commissioner Sarnoff -- sapote survives and the poinciana goes? Ms. Hammer: Yes. Commissioner Sarnoff Okay. And the 293? Ms. Hammer: 293. That one, I'm confused on. Can we skip to the next one, and I can --? Commissioner Sarnoff 321. Ms. Hammer: 321. Chair Sanchez: Jeff I just need you, when they're done with the conditions, just to go up and just say you agree with the conditions for the record. Ms. Hammer: These, we had already removed from the list, so I'm -- sorry I'm stumbling through this, but we'd already, you know, agreed that they would be removed, and so we haven't really been addressing these during these presentations, so that's why I'm sort of stumbling through it. I definitely remember -- Commissioner Sarnoff Well, let me -- Ms. Hammer: -- the poinciana and the white sapote. City ofMiami Page 116 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Commissioner Sarnoff Am I correct that the City wanted these frees preserved or the --? Ms. Garcia -Toledo: The Planning Department, in evaluating the road location and those trees - Commissioner Sarnoff Right. Ms. Garcia -Toledo: -- wanted those trees preserved. Commissioner Sarnoff Correct. Ms. Garcia -Toledo: The other departments of the City had already granted the Certificate of Approval, which are the ones that value -- that do the study on the frees and the analysis on the trees themselves. And then we -- the City issued a certificate of the tree removal. Commissioner Sarnoff So even though Planning said no, every other department said yes -- Ms. Garcia -Toledo: Correct. Commissioner Sarnoff -- and the tree has -- they've not been taken out, but they are subject to a tree removal -- Ms. Garcia -Toledo: Correct. Commissioner Sarnoff -- permit, which has -- is that part of this appeal or not part of this appeal? Ms. Garcia -Toledo: It's not part of this appeal. Commissioner Sarnoff Okay. Then you don't need to go any further. Chair Sanchez: All right. Okay. So that concludes the conditions, right? You proffered the conditions already? Ms. Garcia -Toledo: Those two to be removed; the covenant to be included as a condition. Chair Sanchez: And the reduction of the height of the entrance. Ms. Garcia -Toledo: No. That's one of the conditions we're removing -- Chair Sanchez: Okay. Ms. Garcia -Toledo: -- we're asking to be removed. Chair Sanchez: Jeffrey, just need you to stand up on the mike and agree or address the condition issue. Jeffrey Bass: We agree as proffered with the conditions by the applicant. Chair Sanchez: Okay. Now we could hear the Department on the issue, and then we'll go ahead and open up to the public, and bring it -- Roberto Lavernia (Chief of Land Development, Planning Department): The Department -- City ofMiami Page 117 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Chair Sanchez: -- back for deliberation. Mr. Lavernia: -- the recommendation of the Department is with all the conditions. Chair Sanchez: All right. Mr. Lavernia: And that -- what Hs. Toledo -- Vicky Garcia -Toledo is saying is to delete condition (d) and (e). Chair Sanchez: Right. Mr. Lavernia: That means that con -- from (a) to (d) stays. Chair Sanchez: Okay. Mr. Lavernia: So -- Chair Sanchez: And we're all okay on that, right? We're all on the same sheet of music? Ms. Garcia -Toledo: (A), (b), (c) stay; (d) and (e) come out. Chair Sanchez: And the reason I want to be very crystal clear is because -- Ms. Garcia -Toledo: And we -- Chair Sanchez: -- this was an agreement that was just agreed in the last couple of hours, and I don't want you to leave here and then have to come back and say whoa, wait a minute; that wasn't part of the agreement. Ms. Garcia -Toledo: And then we add the new condition, which is the covenant. Chair Sanchez: Okay. We have not addressed the covenant. Ms. Garcia -Toledo: We're all on the same page. Chair Sanchez: Yeah. We'll address the covenant. Ms. Garcia -Toledo: Oh, okay. Chair Sanchez: Go ahead. Mr. Lavernia: You are adding the covenant as a condition, but we haven't seen the covenant. The Planning Department haven't seen the covenant. Chair Sanchez: What do you mean, you haven't seen the covenant? Mr. Lavernia: No. The covenant was -- Chair Sanchez: The covenant is not -- Ms. Garcia -Toledo: The covenant was -- Mr. Lavernia: -- just signed today. Ms. Garcia -Toledo: -- just finalized today. The covenant adds additional restrictions to the City ofMiami Page 118 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 development on the homes on the site. Chair Sanchez: Commissioner. Commissioner Sarnoff Can with we see that real quick, the covenant? Ms. Garcia -Toledo: Sure. Commissioner Sarnoff Nothing like a little light covenant reading. Chair Sanchez: See, that's -- hey, you know -- Ms. Garcia -Toledo: I did advise the Department that we were working on a settlement yesterday. Chair Sanchez: I know, but I always say that, you know, gentlemen's [sic] agree, and then when there's no agreement, you can't find a gentleman anywhere, you know. And that's -- you know, there was a discussion today -- earlier on a second reading where they just -- Commissioner Gonzalez: Yeah, but -- Chair Sanchez: -- turned the covenant over. Commissioner Gonzalez: -- let me tell you. I believe that the biggest problem here has been between the applicant and the neighbors. And if the applicant and the neighbors came to an agreement, you know -- and also, we're looking at this on first reading. It has to come back -- Chair Sanchez: No, no, no, no -- Commissioner Gonzalez: No? Chair Sanchez: -- no, no, no. Ms. Garcia -Toledo: No, no. Chair Sanchez: No. This is a resolution. If there was first reading -- Commissioner Gonzalez: Oh, it's a resolution? Chair Sanchez: -- it wouldn't be a problem whatsoever. I'd say we'll deal with it on second -- Commissioner Gonzalez: Let me tell you -- Chair Sanchez: -- but it's a resolution. As long as -- Commissioner Gonzalez: -- that's a big document. Ms. Garcia -Toledo: Let me speak to what the restrictions -- the additional restrictions are so that all of you are informed. We started out with setbacks of 20 feet for all of these homes abutting the Kampong. We have now gone to 20- or 30-feet setbacks, a larger setback on the ground floor and up to 40 feet on the second floor to get the homes further away from the Kampong. We've also self-imposed a 10- to 15-foot buffer between -- on our side of the property between us and the Kampong. So everything here is a -- it's more restrictions than your Code requires. City ofMiami Page 119 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Commissioner Gonzalez: Requires. Chair Sanchez: And that is perfectly fine. The issue of the covenant is that you -- both parties agree on the covenant and it's fine. But then when there's -- something doesn't go right and there is something that's not agreed upon, then the burden falls on us. So if you agree on the covenant, I'm okay with it. I haven't had a chance to read it. Mr. Lavernia: Commissioner, the problem is that once the covenant -- Chair Sanchez: Have you had a chance to read the covenant? Mr. Lavernia: No. We haven't seen the covenant at all. The covenant was finished today as of - Ms. Garcia -Toledo: Today, about an hour -- Mr. Lavernia: -- we knew that they -- Ms. Garcia -Toledo: -- ago, it was executed. Mr. Lavernia: -- were working. Chair Sanchez: All right. Listen, why don't we do something for the sake of being prudent on this? Go ahead and read the ordinance. We'll table this. I think we're ready for a vote. Read the ordinance; come back; tell us if you're okay on the -- with the covenant. Any of the Commissioners who want a copy to read it -- You just scanned through it. I can't believe you read those -- Commissioner Sarnoff It's a lot by lot. You do it lot by lot. Ms. Garcia -Toledo: We did it lot by lot. Commissioner Sarnoff Each lot has either a distinct setback or a distinct buffer zone, and you'd have to then go back to which lot is which. Chair Sanchez: All right. Ms. Garcia -Toledo: And we could proceed without making this part of the covenant -- of the MUSP, but let me explain to you why both Jeff and I did this. We want to make sure that as every lot owner comes in to build their houses, that the Planning Department has the specific restrictions in front of them. So we're doing this to facilitate the process. Chair Sanchez: Vicky, you know what we're going to do? We're going to take a five-minute recess. Ms. Garcia -Toledo: Okay. Chair Sanchez: I'm going to take a copy of the covenant, scan through it. I suggest all the Commissioners do the same thing. I suggest the Administration does the same thing. We come back. That's the only issue pending. If we're all okay with the covenant, we're prepared to vote it. I cannot vote on this issue without going through the covenant. Ms. Garcia -Toledo: Fine. Chair Sanchez: Okay. So we're going to take a five-minute, maybe ten-minute recess. City ofMiami Page 120 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 [Later... ] Chair Sanchez: If we could get one more Commissioner and get the Commissioners back. The City Commission meeting is back in order after about a seven- to eight -minute recess. Okay. Just one question, and I want to make sure that we are continuing to meet all requirements of NCD-3? Mr. Lavernia: That was one of our concerns, and the second concern was that the plan presented, as part of the Major Use, there was no changes; otherwise, the conditions that were put do not apply on this. But, yes, we check, and that will be my two questions to the lawyer. Ms. Garcia -Toledo: Yes. We continue to satisfy or exceed, actually, all the requirements of NCD-3. And there were no physical changes or changes of any kind to the MUSP documents as submitted. Chair Sanchez: All right. Commissioner Sarnoff Let me -- Mr. Chairman -- Chair Sanchez: Yes, sir. Commissioner Sarnoff -- make a motion. Chair Sanchez: You're recognized for the record. Commissioner Sarnoff I thinkl understand this, and you'll correct me ifI get it wrong. Let me make a motion to approve the MUSP with the removal of conditions (d) and (e), with the addition of a settlement agreement and declaration of restrictive covenants, dated 24 April 2008 between the National Tropical Botanical Garden, hereinafter referred to as "The Kampong," a not -for -profit federally chartered national tropical botanical garden and EFC Holdings, Inc., the developer, a for -profit corporation of the state of Florida. And let me make that motion. Chair Sanchez: All right. Commissioner Gonzalez: Second. Chair Sanchez: Second. Ms. Garcia -Toledo: That is correct. Chair Sanchez: So there's a motion and a second on a resolution. I think all the issues have been addressed. Okay. It's a resolution. We have three Commissioners. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. It passes, 3/2 [sic], with Vice Chair Spence -Jones and Commissioner Gonzalez absent. Commissioner Sarnoff Just for the record, Vicky, I did accept a T-shirt from the Kampong. Ms. Garcia -Toledo: I did, too. Commissioner Sarnoff Okay. City ofMiami Page 121 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Chair Sanchez: Declare it. Commissioner Sarnoff I want -- the Herald's here so I want to get a value. How much is this? Chair Sanchez: Six thousand dollars. Commissioner Sarnoff Six dollars. Okay. I'm in. Chair Sanchez: Seven dollars. You're okay. Ms. Garcia -Toledo: Thank you very much, Commissioners. Chair Sanchez: All right. Thank you, folks. Thank you so much. Congratulations, everybody. Pamela E. Burns (Assistant City Clerk): Mr. Chair, that makes it a modified resolution? Chair Sanchez: Yes, it does. Julie O. Bru (City Attorney): Yes. Chair Sanchez: Can we get the Clerk, who made the copies, to give back the originals to the attorneys? Commissioner Sarnoff Yeah. I think they did. Chair Sanchez: They did? Mr. Bass: No. I didn't get mine yet. Commissioner Sarnoff Oh, I -- Ms. Garcia -Toledo: I think you have it. That is the original that belongs to the City Clerk, and I believe Commissioner Sanchez has your original. Chair Sanchez: No. I have copies. Ms. Garcia -Toledo: Okay. So where is Jeffrey's original? Chair Sanchez: I have copies. These are copies. We need the originals. Ms. Burns: I've got the original -- one -- our original here. Chair Sanchez: Oh. Thank you so much. Thank you. Appreciate it. Thank you so much. God bless you. All right. Listen, you'll get it back. You'll get it back. Who made the copies? Madam Clerk, who made the copies? Priscilla A. Thompson (City Clerk): They're still making them. Chair Sanchez: Okay. They're still making it, so they have the original. You have the original? Commissioner Regalado: No, no. I have a copy. Commissioner Sarnoff They have the original. Madam Clerk's got the original. City ofMiami Page 122 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Chair Sanchez: Okay. No, no. It's okay. All right. They'll give it to you. All right, folks. All right. Let's clear the Commission [sic] and let's move on. PZ.15 08-00223ct ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, BY AMENDING, ADDING, AND DELETING GOALS, OBJECTIVES, AND POLICIES OF THE ELEMENTS OF THE CITY'S COMPREHENSIVE PLAN AS REQUIRED BY CHAPTER 163, PART II, FLORIDA STATUTES, TO INCORPORATE THE RECOMMENDATIONS CONTAINED IN THE 2005 EVALUATION AND APPRAISAL REPORT (EAR) OF THE CITY'S COMPREHENSIVE PLAN; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES; AND PROVIDING FOR AN EFFECTIVE DATE. 08-00223ct CC FR 04-24-08 Fact Sheet.pdf 08-00223ct Additional Comments 03-5-08 and 3-19-08 - 3-31-08.pdf 08-00223ct Item#1-EAR Presentation PAB-REV.pdf ITEM #1- 08-00223ct- PAB 04.30.08.pdf 08-00223ct CC Legislation (Version 2).pdf 08-00223ct CC FR 05-08-08 Fact Sheet.pdf 08-00223ct-PZ.1-SUB.pdf 08-00223ct-Submittal-PAB EAR Based Planning Amendments with Modifications-05-08• 08-00223ct-Submittal-Port of Miami River-Sarnoff.pdf 08-00223ct-Submittal-Memo-Law-Brisas del Rio.pdf 08-00223ct-Submittal-Memo-Law-Miami River Cases.pdf 08-00223ct-Submittal-Memo-City Attorney.pdf 08-00223ct-Submittal-Planning Summary.pdf 08-00223ct-Submittal-MNU Amendments.pdf 08-00223ct-Submittal-Memo-Bert J. Harris Issue.pdf 08-00223ct-Submittal;-Correspondence-Everglades Law Center, Inc..pdf 08-00223ct-Submittal-MNU Proposed MCNP Amendments.pdf 08-00223ct-Submittal-Analysis & Recommendations of Proposed GOPs.pdf 08-00223ct-Submittal-Motion for Rehearing -Balbino.pdf 08-00223ct-Submittal-Motion for Rehearing-Riverside.pdf 08-00223ct-Submittal-Port Security Grant-FEMA.pdf 08-00223ct-Submittal-Marine Industry Data-Dickman.pdf 08-00223ct-Submittal-AIA Miami Resolution.pdf 08-00223ct-Submittal-Future Land Use.pdf 08-00223ct-Submittal-Future Land Use -Goal LU-1.pdf 08-00223ct-Submittal-Brenda Kuhns Newman.pdf 08-00223ct-Submittal-Goal LU-1-Brenda Kuhns Newman.pdf 08-00223ct-Submittal-Letter-Wendy Blair Stephan.pdf 08-00223ct-Submittal-Letter-Miami River Commission.pdf 08-00223ct-Submittal-Hearing Boards.pdf 08-00223ct-Submittal-Planning Department 1.pdf 08-00223ct-Correspondence-David Snow E-mail 1.pdf 08-00223ct-Submittal-Miami River Analysis Map.pdf 08-00223ct-Submittal-Property Analysis Chart.pdf 08-00223ct-Correspondence-David Snow E-mail 2.pdf 08-00223ct-Submittal-Property Analysis (Sheet).pdf City ofMiami Page 123 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval with modifications. PLANNING ADVISORY BOARD: Pending recommendation on April 30, 2008. PURPOSE: This will allow required amendments to the Comprehensive Neighborhood Plan based on the EAR recommendations. DEFERRED A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, with Commissioners Gonzalez and Sarnoff absent, to defer item PZ.15 to the Commission meeting currently scheduled for May 8, 2008. PZ.16 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 EXISTING RETAIL ESTABLISHMENTS LOCATED IN THE NEIGHBORHOOD CONSERVATION DISTRICTS (NCD) ABUTTING US-1 (FEDERAL HIGHWAY); 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. 08-00133zt PAB Reso.PDF 08-00133zt CC SR Legislation (Version 3).pdf 08-00133zt CC SR Fact Sheet.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on 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 Regalado, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: What's the next item on the agenda? Lourdes Slazyk (Zoning Administrator): PZ.16. Chair Sanchez: PZ.15 has been continued. PZ.16. All right. PZ.16, Grove NCI -- Commissioner Sarnoff NCD (Neighborhood Conservation District). City ofMiami Page 124 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Chair Sanchez: -- I'm sorry, NCD-3. Ms. Slazyk: NCD-3. PZ. 16 is an amendment to the NCD-3 ordinance in order to allow an exemption for grocery stores for the large -- from the large-scale retail requirements. What this does is if a property's got a C-1 zoning with the NCD-3 overlay, the grocery stores, instead of the large-scale retail kicking in at the 20,000 square foot size, they would get to go up to 40,000 square feet by Class II instead of special exception. This is in recognition that grocery stores are a needed service and at the 20,000 square foot, it's a more severe limitation for grocery stores. So, again, this would allow grocery stores with a C-1 zoning with the NCD-3 overlay. Chair Sanchez: Grocery stores, more than one. Ms. Slazyk: Grocery stores. And we even define grocery stores within the ordinance to be very clear that it includes food products, dry goods, such as household products, paper goods and other items typically sold, such as meats, poultry, seafood, sushi, dairy products, frozen foods, fruits, and it goes on to define a grocery store, so it's very clear. Chair Sanchez: All right. Need a motion. Commissioner Sarnoff So moved. Jim McMaster: Oh. Excuse me. Chair Sanchez: There's a motion. No, no, wait. Mr. McMaster: Hi. Jim McMaster, 2940 Southwest 30th Court. Chair Sanchez: Sir, wait. On this item? Mr. McMaster: Yes, sir. Chair Sanchez: Okay, but hold on. We'll get to you. Mr. McMaster: Not a problem. Chair Sanchez: We haven't opened up the public hearing. Mr. McMaster: Oh, I'm sorry. Chair Sanchez: Let's get a motion and a second. Commissioner Regalado: Second. Chair Sanchez: Motion is made by Commissioner Sarnoff second by Commissioner Regalado. Before we open it up for discussion, now we'll open it up to the public. The public hearing is opened. All those wanting to speak on PZ.16, which is an ordinance on first reading, please step up and be recognized. Mr. McMaster: Thank you. Chair Sanchez: Your name and address. Mr. McMaster: Sorry. Jim McMaster, 2940 Southwest 30th Court. The original issue here was Milam's expanding, which of course, all the neighbors are thrilled about. Want to thank City ofMiami Page 125 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Commissioner Sarnofffor the long, hard fight on Home Depot. And I think once Milam's expands within the existing shell, it's really going to cement that in. The concern is that what the proposed ordinance does is it says that anywhere in the C-1, in Coconut Grove, without any public hearing, you can expand to 40,000 square feet. So we have language here which would limit it to existing re -- and this doesn't make sense. Would you want, in a narrow C-1 strip abutting residential, someone to open up a 40, 000-square footgrocery store with no public hearing? You really do need a public hearing for that large of a grocery store. What this would limit it to would be parcels abutting Federal Highway, which makes sense. If -- down the side of Coconut Grove is the six -lane US 1 (Federal Highway), and that's where you would want the high -intensity commercial and existing retail establishments -- stores. If you have an existing store, it makes sense that they should be allowed to expand within their shell. I know there are problems with the existing Milam's, and so I think that this would solve both of our problems. It would cement in the Home Depot issue, and it would limit it to parcels along US 1, which is appropriate without a special exception. So I have the specific language here. Should I read it into the record? Commissioner Sarnoff I think, Jim -- I accept your amendment, and I hope my seconder accepts it, to existing retail establishments abutting US 1 (Federal Highway), and that'll be put into the record, and I think Madam -- Mr. McMaster: And ifI could add, 803.6.3, the second paragraph, it adds existing retail establishments, and then down in the C-1 zoning districts, abutting US 1 (Federal Highway). Chair Sanchez: Is it just -- I need to clarify. Is it retail or grocery store? Mr. McMaster: Well, it describes retail -- I think what we're doing is we're skipping some of the language that's already in your packet. It does describe retail gro -- establishments as and grocery stores, and it lists -- it spells out what a grocery store is. Maria J. Chiaro (Assistant City Attorney): May I see a copy of the language also? Because I'm unclear -- Commissioner Sarnoff Yes. Ms. Chiaro: -- as to what is being proposed? Chair Sanchez: All right. Exempt, okay. All right. I'm okay with it. It's good. Mr. McMaster: Wonderful. Thank you. And we have another gentleman here who'd like to speak. Chair Sanchez: Okay. Yeah. This is just abutting Federal Highway -- Mr. McMaster: Exactly. Chair Sanchez: -- which I could see the logic on this. Mr. McMaster: And existing -- Chair Sanchez: Good amendment. Mr. McMaster: -- stores. Chair Sanchez: Good amendment. Yes, sir. You're recognized for the record. City ofMiami Page 126 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Christopher Hudson: Christopher Hudson. For the record, 3616 Day Avenue, here in Coconut Grove. Good evening, Commissioner Sarnoff and members of the Commission. I am Christopher Hudson. I am the chairperson for the newly reformed review team of the West Village Island District. The review team is a entity of the community and has been established to help bring the community accurate information regarding development, planning and zoning issues. We consist of seven residents with various expertise. And I will be contacting you later to provide you more information on that. I'm here today to inform you of the review team has examined the proposed changes as it relates to the expansion ofMilam's Grocery, and we are pleased to report to you that we agreed, after the meeting, that the terms are acceptable. And it is a consensus of the community to support the new language as proposed to you today. Our community is very supportive ofMilam's Groceries [sic]. They have been good neighbors. The community feels that the changes to the zoning for the groceries abutting the US 1 (Federal Highway) will not be adverse to our current SD-2 for the West Village Island District. Thank you for allowing me to address the Commission and staff this afternoon. Thank you. Commissioner Sarnoff Thanks, Chris. Chair Sanchez: Thank you. Anyone else from the public? If not, the public hearing is closed; coming back. There is a motion and a second. It has been amended with the language that was read into the record. Any further -- Chiaro: Mr. Chairman. Chair Sanchez: I'm sorry? Ms. Chiaro: I need -- Chair Sanchez: You want me to read it -- Ms. Chiaro: -- to address -- Chair Sanchez: -- or do you want to read it into the record? Ms. Chiaro: -- the language that has been proposed on the floor amending the ordinance that has been presented in the package. Chair Sanchez: All right. You're recognized for the record. Ms. Chiaro: The language that is proposed on the floor would limit severely the application of this change. It would limit it not only to existing retail but existing retail grocery stores along US 1. I have no problem limiting this to the properties abutting US 1, but our research indicates that if the limit is for existing retail exclusively for grocery stores, that we have a problem with a whole host of not only constitutional issues but procedural issues. So the language that has been proposed on the floor can be accepted if the language applies to existing retail establishments, but the language exclusively for the sale of groceries needs to come out. So this would apply to grocery stores -- I mean, I'm just -- I'm concerned with spot zoning issues. I'm concerned with -- Vicky Garcia -Toledo: This is not -- Chiaro: -- challenging our land development regulations again on the fly with language that's presented on the floor. The language that's in your package is acceptable; we've researched that. But the language that has been presented on the floor causes some problems. Chair Sanchez: All right. Let's address that. Basically, the City Attorney has some concerns with the language that we need to address. City ofMiami Page 127 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Ms. Garcia -Toledo: May I --? Chair Sanchez: Now how do we find remedy to this? Ms. Garcia -Toledo: This is not a -- for the record, Vicky Garcia -Toledo -- change of zoning. We're not changing the zoning, so nothing that we do here in this language can be spot zoning. What you have here is an existing City ordinance that has restrictions. You limit it -- you intends to created [sic] this ordinance to put restriction on uses. All you're doing is relaxing those uses. You're relaxing those uses to allow existing stores that have been in your community for a number of years and which had a right to expand, and by a previous ordinance creating limitation, was limited from expanding, to be able to get back its original rights to expand because when the limitations were created, they were created too broadly. This is not spot zoning. In order to have spot zoning, you have to have a zoning change and you have to create a zoning category that grants one property something different than all of the zoning rights of its surrounding properties. We're not here on a zoning change. I would be very happy, between first and second reading, to sit with the Law Department, review with them their research, bring them my research -- Chair Sanchez: All right. Ms. Garcia -Toledo: -- and we can move on with this. Chair Sanchez: I think that's the best avenue to take. It's on first reading. Let's address that issue with both Legal, and then we'll address it on second issue [sic]. I mean, that's the only thing -- that's the only issue right now that is being debated. Ms. Chiaro: Again, I just want to state on the record that while this is not zoning, it is a process that may apply to a single property, which, in effect, creates -- Ms. Garcia -Toledo: No. Ms. Chiaro: -- zoning for a single property. Ms. Garcia -Toledo: Just so you know, there are a number of C-1 properties along and abutting -- and I can rattle off some of them. McDonald's has C-1 zoning; the entire end of Bird and -- Chair Sanchez: Just about everything -- Ms. Garcia -Toledo: -- (UNINTELLIGIBLE) have C-1 zoning. Chair Sanchez: -- on US 1 is C-1. Vice Chair Spence -Jones: Yeah, but is it a grocery there? That's the question. Ms. Chiaro: There are no other existing groceries. Chair Sanchez: Just one. Ms. Chiaro: That's the problem. Vice Chair Spence -Jones: There's no other existing groceries. Ms. Garcia -Toledo: Correct. City ofMiami Page 128 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Vice Chair Spence -Jones: I think that's the point she's frying to make. Ms. Garcia -Toledo: Right. Chair Sanchez: All right. Listen -- Ms. Garcia -Toledo: But that doesn't create spot zoning. Chair Sanchez: Okay. Ms. Garcia -Toledo: And it's not illegal. Vice Chair Spence -Jones: Well, if there's only one, then it is spot zoning. Ms. Garcia -Toledo: No. You have to have a zoning change to have a spot zoning. You're not changing the zoning of the property. Vice Chair Spence -Jones: I'm only taking the advice of my City Attorney. If she's telling me that, that's what I'm going to respect. Chair Sanchez: All right. Listen -- Ms. Garcia -Toledo: Yes, Commissioner. Chair Sanchez: -- there's a motion and a second. Commissioner Regalado, you second the motion -- Commissioner Regalado: Yes. Chair Sanchez: -- as it is. With the amendment? Commissioner Regalado: Yes. Chair Sanchez: With the amendment. Commissioner Regalado: Well, the maker changes the -- Commissioner Sarnoff No, no, no. I'll leave it just as stated, and we'll try to reconcile this between -- Chair Sanchez: Right. Commissioner Sarnoff -- first and second reading. Chair Sanchez: So basically, you're going to leave that amendment in? Commissioner Sarnoff Yes. Chair Sanchez: Okay. You're going to leave that amendment in on first reading. I will vote on it on first reading, butl want to sit down with our Legal Department and make sure that it is fair and it doesn't violate anybody's constitutional right. And then on second reading, I'll deal with it. I tend to frust our City Attorney. There are -- we're your clients. Vice Chair Spence -Jones: Please. City ofMiami Page 129 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Chair Sanchez: And based on your recommendation, I'll look into it. So on first reading, it'll come back to us on second reading with that amendment. We could always deal with that amendment at the second. Now, what happens if we remove that amendment? Does it come back to first reading? Ms. Chiaro: No. Chair Sanchez: Thank you. That's it. Okay. All right. It's an ordinance on first reading, as amended. 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: All right. Roll call, as amended. 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, 5/0. City ofMiami Page 130 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 COMMISSIONER ANGEL GONZALEZ DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 08-00154a DISCUSSION ITEM DISCUSSION REGARDING THE EXTENSION OF THE GREEN FARMER'S MARKET HELD AT 66TH STREET AND BISCAYNE BLVD. AT LEGION PARK. 08-00154a E-mail.pdf A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, authorizing an extension of the Green Farmer's Market, located at 66th Street and Biscayne Boulevard, through September. Chair Sanchez: All right. Commissioner Sarnoff you have the extension of the Green Farmer's Market. Commissioner Sarnoff Yeah. Chair Sanchez: Okay. Commissioner Sarnoff Thank you, Mr. Chair. For those of you that don't know, we've had a farmer's market up in the Upper Eastside, right by Legion Park, for probably the better part of four or five months now. It was a pilot project. I know that Commissioner Sanchez has been up there. I know the Mayor has been up there. I try to go up there as frequently as well, and I think it's just a huge, huge success. And we're drafting some legislation, as we speak, to allow this to go on in -- further into the project. And in the interim, I'm asking the City Commission to allow us to get an extension of the permission to remain as it's sited right now -- Chair Sanchez: How long? Commissioner Sarnoff -- through September, but we should have our legislation done before that. Chair Sanchez: All right. There's a motion. Is there a second -- Commissioner Gonzalez: Second. Chair Sanchez: -- to extend the farmer's market through September? Second? Vice Chair Spence -Jones: He just said second. Chair Sanchez: Who? Oh, second. Okay. There's a motion and a second. No discussion on the City ofMiami Page 131 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion is approved. D2.2 08-00385 DISCUSSION ITEM DISCUSSION REGARDING THE WALL WHICH RUNS ADJACENT TO US1 THROUGH COCONUT GROVE AKA THE PINK WALL. 08-00385 Email.pdf WITHDRAWN Commissioner Sarnoff And I will withdraw 2 -- D2.2. Chair Sanchez: I wanted to hear Pink Floyd, Another Brick in the Wall. City ofMiami Page 132 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 DISTRICT 3 CHAIR JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 08-00443 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE WAIVER OF ALL FEES FOR THE USE OF ROBERT KING PARK ON SUNDAY, APRIL 27, 2008, FOR THE MUNICIPIOS DE SAN LUIS EVENT; FURTHER AUTHORIZING THE USE OF THE CITY OF MIAMI'S SHOWMOBILE FOR SAID EVENT. 08-00443 Legislation.pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0230 Direction by Chair Sanchez to the City Manager to provide the Chair with separate reports detailing the total amount of waived City fees and waived in -kind services by all City Commissioners for fiscal years '06/'07 and '07/'08 prior to the Commission meeting currently scheduled for May 8, 2008. Chair Sanchez: All right. Okay. Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. D4.1 is a waiver of all fees for the use of Robert King High Park on Sunday, April 27, this coming Sunday, for the Municipios of San Luis event; authorizing the use of the City ofMiami showmobile for said event. This group will, of course, pay for employees and insurance, as they do in -- according to the Parks Department rule. So move. Chair Sanchez: All right. There's a motion and a second. 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. Commissioner Regalado: And there is a resolution -- Chair Sanchez: Hold -- whoa, whoa, whoa, whoa. We'll get to the other one. I just -- I have a directive to the City Manager. Mr. City Manager, I want a report for the next Commission meeting, which is May 8 -- before May 8, detailing the total amount in waived City fees plus the value of in -kind services provided to date through this fiscal year requested by each and every one of us; Commissioner Gonzalez, Vice Chair Spence -Jones, myself Commissioner Sarnoff, and Commissioner Regalado. Pedro G. Hernandez (City Manager): Mr. Chairman, that's for the current fiscal year. City ofMiami Page 133 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Chair Sanchez: For the -- no, no. Commissioner Sarnoff Yeah, '07 -- Chair Sanchez: Well make -- Commissioner Sarnoff -- no, '08. Mr. Hernandez: '07/'08. It's from October 1 -- Commissioner Sarnoff Right. Mr. Hernandez: -- '07 through the present. Chair Sanchez: Go back two years. Mr. Hernandez: Okay. Chair Sanchez: Two years. All right. Mr. Hernandez: Okay. Commissioner Regalado: But in -kind services are different than waiving fees. Chair Sanchez: Yeah, whatever. Commissioner Regalado: No whatever, no. It's -- Chair Sanchez: Okay. Commissioner Regalado: -- in -kind services are totally different than waiving fees, and this is what the Chairman ask, so you have to do -- you cannot mix -- Mr. Hernandez: I will separate them, the -- Commissioner Regalado: -- in -kind because in -kind cost money. And waiving fees is the money that you never would have gotten if the event had not gone on. It's like selling spots on the radio. If you don't sell now, that -- you won't be able to sell. Or the airtime, for that matter; if you don't book tonight, you cannot book tonight anymore. And that's the difference between in -kind and waiving fees. Mr. Hernandez: Wait. Commissioner, the in -kind would be like, for example, the off -duty police and the -- Commissioner Regalado: Right. Mr. Hernandez: -- Fire and so forth -- Commissioner Regalado: Right, right -- Mr. Hernandez: -- and the -- Commissioner Regalado: -- which cost money. Mr. Hernandez: Exactly. And the fees would be fees that we would normally charge. City ofMiami Page 134 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES D5.1 08-00410 DISCUSSION ITEM DISCUSSION REGARDING THE NAMING OF THE COMMUNITY CENTER AT LITTLE HAITI PARK AFTER FORMER COMMISSIONER ARTHUR EARLE TEELE, JR., 08-00410 E-mail.pdf 08-00410-Submittal-SUB-Commissioner's Talking Points for D5.1 Regarding Little Haiti 08-0041 0-Correspondence-E-mail.pdf DISCUSSED Direction by Vice Chair Spence -Jones to the City Manager to draft resolutions naming the Little Haiti Park Community Center as the Arthur E. Teele, Jr. Community Center and the Little Haiti Soccer Park as the Emmanuel 'Manno" Sanon Stadium for consideration at the Commission meeting currently scheduled for May 8, 2008. Chair Sanchez: All right. Listen, let's go to the Commissioners' district items, and let's do something. Let's allow District 5, who has had residents here for the longest time, and we certainly apologize. I will allow you to go first since you've been here all day and we really appreciate, but really, we've had a busy agenda today with some important items. So let's go ahead and have your items up first. Vice Chair Spence -Jones: Okay. Chair Sanchez: You're recognized for the record, Vice Chair Spence -Jones. Vice Chair Spence -Jones: Thank you, Mr. Chairman. You have in front of you basically a discussion item regarding the Little Haiti Park, and a discussion -- I think in the last City Commission meeting we had -- I mentioned it earlier about the whole issue of naming rights regarding parks, and we talked about -- I think I mentioned it briefly about Commissioner Arthur Teele, and that I would be bringing it back for the next meeting. In the audience, you have several residents from the Little Haiti area, Little River area, that have been in support of Commissioner Arthur Teele being named on the park as a part of the park, and hopefully, today we'll have some resolution on that, butt really wanted to give them the opportunity -- as you know, we are having the official grand opening next Saturday and all of the Commissioners are invited to participate and attend. It kicks off with a parade on Northeast 2ndAvenue and ends with a celebration that evening in the park. We wanted to make sure we passed some sort of item today so that during the celebration next week, we can officially name the park in honor of Commissioner Arthur Teele. Now -- I don't know ifI want my residents to speak first. I don't know if -- I think I'm going to start with that and then I'll close out with my comments. Chair Sanchez: All right. But let's do something 'cause really the procedures are that Commissioners' district items don't have public input. So those are the procedures that we follow. I know you've been here all day. I'll make an exception, if my colleagues would allow me, to have one individual come up and address the issue. You could select whoever you want, but we don't allow that. This -- the proper process for this would have been to have the item, which it'll come back -- 'cause right now, basically what you're directing is the Administration to do the proper -- to bring it back officially declaring whatever you want to declare today, and then you will have an opportunity to address that issue in front of the Commission. The only other avenue would be through a personal appearance, which I don't think is required for this. City ofMiami Page 135 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Vice Chair Spence -Jones: Right. Chair Sanchez: The Commissioner is going to make the proper legislation directing the City Manager to start the procedures to name the park or the community center, whatever, and then when it comes in front of the Commission, everyone could speak on the item. So if you would allow this -- I will make an exception to have one person come up and just speak on the issue. Vice Chair Spence -Jones: Mr. Chairman -- and I thank you so much 'cause I do know that we've had issues in the past where we've had items come up and then there's ten people speaking on a public appearance item on our blue pages. I would just ask -- and I'll ask them to keep it very limited -- just -- it would be two people; Ms. Hattie Willis, if we could just do it very briefly, and Ms. Marlene Bastien, so that I can have both sides of the community -- I can only do two. So I'd like to at least make sure I have someone from the Haitian community represented and definitely someone from the African American community that's been very much involved in this. And I think that they've already come up with a resolution, sir, butt would like to at least afford them an opportunity, at least take two minutes. Chair Sanchez: All right. Listen -- and for the record -- and it's a point of privilege. I'll let you guys decide if you want to do it or not. Do you want to allow the public to address? Commissioner Sarnoff You're the Chair. Chair Sanchez: No. I am the Chair, butt mean, I want to be fair to everybody because ifI do it now and someday somebody comes up and you say, well, you did it for her and you didn't do it for me. I want to be fair with everybody. So I want to allow the opportunity for you to decide. Okay. Commissioner Regalado: Go ahead. Commissioner Sarnoff Go ahead. Commissioner Regalado: Do it. Chair Sanchez: Okay. Vice Chair Spence -Jones: Ms. Hattie. Chair Sanchez: So, two speakers, two minutes, please. Vice Chair Spence -Jones: We can only do two. Chair Sanchez: Listen, when it comes -- Vice Chair Spence -Jones: We're only going to do two, or we're not going to do any. Chair Sanchez: -- sir, when it comes back in a legislative format, open to the public, you could speak all you want, okay? Bear with me. Vice Chair Spence -Jones: Ms. Hattie. Hattie Willis: My name is Hattie Willis, and I reside at 5510 Northwest 1st Avenue, in the Little Haiti area. It's going to be real quick and brief. We sat down; we all talked about it. We did what the people did before us. We've come to a conclusion that we would appreciate if the Commissioner would direct the Manager to name the facility -- City ofMiami Page 136 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Chair Sanchez: The community center. Ms. Willis: -- community center after Commissioner Arthur Teele, and that's our recommendation to the City. Okay? Chair Sanchez: Short and sweet. Ms. Willis: That's it. Vice Chair Spence -Jones: Thank you, Ms. Hattie. Chair Sanchez: Short and sweet, sweetie. Vice Chair Spence -Jones: Marlene Bastien. Marlene Bastien: Good evening. Marlene Bastien, and I'm here with the chair of the Grassroots Coalition, (UNINTELLIGIBLE) and a few other people. We have (UNINTELLIGIBLE) here, and I have my office on 8325 Northeast 2nd. Mr. Chair, thank you so much for having us and for moving this item. Commissioners, our position in the Haitian American community is to support what Ms. Willis already indicated, to name the community center after Commissioner Teele, but the park will retain its name of Little Haiti Park. But the community center will be named after Commissioner Arthur Teele and the soccer park, we wish it will be named after a famous Haitian soccer player, Manno Sanon. This is our position in the Haitian -American community. Thank you so much. Chair Sanchez: All right. So it looks like you're going to be making two resolutions instead of one. Ms. Bastien: Yes. Chair Sanchez: Okay. All right. Thank you -- Vice Chair Spence -Jones: Thank you, Mar -- Chair Sanchez: -- so much, and thank you for being so understanding. Commissioner, you're recognized on your item. Vice Chair Spence -Jones: Okay. Thank you so much, Mr. Chairman. I -- again, I wanted to put this up for discussion because the community in Little Haiti wanted to see the park named in the legacy of Commissioner Arthur Teele. Whether or not we wanted to acknowledge this or not, he is definitely the person that started the idea for this park, and at the urging of the community, he had pushed to make sure that Little Haiti Park got developed. The park and his dream have now become a reality, and the community has asked that it is in existence that we recognize his contribution. In some corners of the City, this could be seen as scandalous. In other parts of the community, the naming may provoke anger and dismay. But within the community where the park sits, there is no doubt that the park should recognize his contributions to the area. Despite the circumstances surrounding his life, the bottom line is is that this is -- that history records that he's made a positive impact on Little Haiti. Today, what we wanted to do is at least acknowledge Commissioner Teele for his hard work because, without Commissioner Teele, the park would not exist. Twenty-five million dollars -- and I believe it was stated earlier by one of our Commissioners that was here long before I was, Commissioner hard fought -- Commissioner Teele fought very hard to make sure that that $25 million went to the Little Haiti area so that the people -- or the residents of Little Haiti will finally have a park in which they deserve. I stand here in support of it. I really could be not concerned about, you know, whether or not people feel he deserves to have that. But think that the only person that can really Truly judge what's City ofMiami Page 137 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 best for our community is the residents that live within it. So I just ask today that my fellow colleagues join us in acknowledging Commissioner Teele for his wonderful work that he has done within this City. And let's not get caught up on, you know, how the press has distorted and how individuals have, you know, said negative things. I think that we need to focus on -- you guys have served with Commissioner Teele, most of you guys sitting on this dais, so you know the wonderful things that he's done. And I think that it would be an honorable -- the only -- the honorable thing to do to name the community center, that we will break ground on, in honor of the late Commissioner Arthur Teele. So that is my position on it. You hear my community support on it. I'm hoping that I have your support on it. And hopefully, Mr. Manager, you can bring something back at the next meeting. Chair Sanchez: No, no. Hoping, no; direct him through a resolution. Vice Chair Spence -Jones: Well, I want -- I would like to make sure that there's a resolution brought back on both Commissioner Teele and -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- Manno Sanon -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- and we will make sure we provide you all the information. But I would like my fellow Commissioners to at least speak on the issue because you have served with Commissioner Teele, not I. Chair Sanchez: Before we do that, there's a motion by the Vice Chair directing the City Manager to bring back a resolution naming the Little Haiti Community Center Arthur Teele Jr. Community Center. Commissioner Regalado: I will second. Chair Sanchez: There is a second by all the Commissioners. Commissioner Regalado: With the -- Chair Sanchez: Hold on. Hold, hold. Commissioner Regalado: -- amendment. Chair Sanchez: Hold on. Commissioner Gonzalez, you're recognized. Commissioner Regalado, you're recognized for your amendment. Commissioner Gonzalez: Let me tell you. To me, it's a great honor to be able to second this motion. Commissioner Teele and I knew each other long before I became a Commissioner. While I was working as an activist in Allapattah -- and I have to tell you one thing. Every time I came before this Commission chamber with any issues from the community, I always had the support of Commissioner Teele. Commissioner Teele was not only concerned about his people and about his district, but he was concerned about every district and people throughout the entire City and always identified himself with the people on the bottom. He always helped everyone that was a disadvantage. And many, many times, in difficult times that I had in the City -- and I have to recognize this -- I had the support of Commissioner Teele. And I have to add that I had the support also of Commissioner Regalado and Commissioner Joe Sanchez. But I -- they're present here today, thanks God, but he's not. And I don't care what anybody says. He was charged, but he wasn't found guilty. City ofMiami Page 138 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Vice Chair Spence -Jones: Yes. Commissioner Gonzalez: All right? I believe that they destroyed him. There were forces that drive him to do what he did because he was a man of honor. He was a man of integrity. He was a veteran, well -respected. I read his resume. I got familiar with his career and his life. And, you know, God be with him and God keep him in a good place, and I'm sure he's in a good place, and I'm honored to be able to second this motion. Chair Sanchez: Commissioner -- Commissioner Gonzalez: Thank you. Chair Sanchez: -- Regalado. Commissioner Regalado: Thank you, Mr. Chairman. I met Art Teele when he was running for mayor ofMiami many, many years ago, many years ago. And we -- I was on the radio, and we trade stories about Vietnam War. Then we all went together to the Republican National Convention in New Orleans in 1988. And then he went on to the County; went on to run for County mayor. And I remember when he decided to run for City Commissioner in the City of Miami. From that moment, we sat together here; he there, me here. And I learned something about him. Everything that he thought was the right thing for his community or the City, he did it with passion. And I remember when we were discussing the bond issue of the election of November of 2001, that we were only allowed to have $255 million. And we were thinking, and of that era, only Chairman and I sit here when we discuss what to place in the ballot in November of 2001, when Commissioner Gonzalez was elected and the Mayor was elected for the first time. And we were thinking, let's do streets; let's do fire stations. We need sidewalks and curbs. Imagine the City has not done anything for its infrastructure in the last 40 years. It was a mess, but Art Teele prevailed. And he said there is one community that does not have a park. Children have to cross the railroad tracks, cross Biscayne Boulevard and go into the Morningside Park which, by the way, is rather difficult because of the condition of the area. And he fought for it. And he got the support of all the members of the Commission, and he was able to place $25 million, and he knew that wasn't enough, but he wanted to place it to the voters. He wanted the voters to make a statement that the Haitian community deserved a park, a first-class park. And from then on, he always fought for it. And you know, if there are delays that one could say, well, you know, we have delays, it's about those times where Art fought with the Administration and he was punished by it with the delays because he always said we are not potted plants sitting here. And now, next Saturday -- not this one, next Saturday, there will be a ceremony in that park. I hope -- and that was my amendment -- that on breaking ground we will have -- regardless of the coming legislation, a sign that will say, "This is the future Art Teele, Jr. Community Center," because the people that will go there, the media that will go there, do deserve to be aware that the City is honoring a person that worked many hours, many hours, like he did for Virginia Key Beach, by the way, for the Little Haiti Park. You know, when we read history -- and I love to read history -- and you read the lives of people that made things possible, maybe 100 and 200 and 300 and 400 years ago, somebody someday writes a book and said that, well, you know, this person did that and that and that; something that it was not written in the good history. And it's just because what happened to Art is still fresh and we remember the controversy. But we need also to celebrate the good things that he wanted to do for the City, and one of them is the Little Haiti Park. So my amendment was only if you allow that we should have a sign at the ceremony saying that that would be the future site of the Arthur Teele, Jr. Community Center. Chair Sanchez: All right. Okay. Vice Chair Spence -Jones: Mr. Manager, I just -- even though I know we can't vote -- I mean, we City ofMiami Page 139 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 won't -- the resolution won't come back until the next City Commission meeting, I think that what Commissioner Regalado's just making sure that, as a part of the ceremony -- does that mean, Ms. City Attorney, that we need to take a vote on it, or is it something that we can --? Chair Sanchez: No. You can just -- Vice Chair Spence -Jones: Okay. Chair Sanchez: -- direct him. Julie O. Bru (City Attorney): You don't need a vote. Vice Chair Spence -Jones: Okay. So we'd like to direct for that to happen. And thank you, Commissioner Regalado. I know you were a personal friend of Commissioner Teele. Commissioner. Chair Sanchez: Well, all I -- I have to say that if it wasn't for Art Teele, that park would not be there today 'cause he championed for that park, and he went against the tide and he crawled through the lowest valleys 'til he got up on top of the peak. And that park today is there because ofArthur Teele. And it'll be an honor for me, when that resolution comes back, to support naming that community center Arthur Teele, Jr. Having said that, there's a directive. I believe we need another directive to name the soccer field. Vice Chair Spence -Jones: Yes. Chair Sanchez: So this is another directive to the City Manager. Vice Chair Spence -Jones: Mr. City Manager, the other directive is to officially also name the soccer field -- and we'll give you the exact wording. Pedro G. Hernandez (City Manager): Manno Sue [sicJ? Ms. Bastien: Sanon. Vice Chair Spence -Jones: Manno Sanon -- Ms. Bastien: Manno Sanon. Vice Chair Spence -Jones: -- which was the first -- Mr. Hernandez: Manno Sanon. Vice Chair Spence -Jones: -- player -- Chair Sanchez: Make sure you spell it right. Vice Chair Spence -Jones: -- that won the -- was a part of the Gold Cup, right? Ms. Bastien: Yes. Vice Chair Spence -Jones: Okay. Haitian player. Mr. Hernandez: I'll make sure that I get the right spelling before you leave. Ms. Bastien: Yes, sir. City ofMiami Page 140 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 Vice Chair Spence -Jones: Thank you so much, Mr. Chairman, for your patience -- Chair Sanchez: No. And thank -- Vice Chair Spence -Jones: -- and -- Chair Sanchez: My pleasure. Thank you so much. And we apologize for keeping you all day. But when it comes back as a resolution, all of you will have an opportunity to speak on the item. Thank you. Vice Chair Spence -Jones: Madam Clerk is saying -- Priscilla A. Thompson (City Clerk): You didn't -- Commissioner Regalado: We need to vote. Ms. Thompson: You -- right. You had a motion and a second. Chair Sanchez: But we don't need to vote on this. It's just a directive to bring a resolution, which will -- we'll vote on the resolution. Mr. Hernandez: Mr. Chairman, it'll be actually two resolutions; one naming the community center and another one -- Chair Sanchez: And one the soccer field. Mr. Hernandez: -- naming the park -- the soccer park. Chair Sanchez: All right. The Mayor does not have any items. Commissioner Gonzalez does not have any items. Vice Chair Spence -Jones: Mr. Chairman, I just want to just make a statement to Madam Clerk. Madam Clerk, I do have an official statement that I would like to have entered into the record, so I'll give you that, regarding the overall park and Commissioner Teele. Ms. Thompson: Okay. Vice Chair Spence -Jones: All right. Thank you. NON AGENDA NA.1 08-00507 DISCUSSION ITEM DISCUSSION CONCERNING THE ACKNOWLEDGEMENT OF CHILDREN NATIONWIDE ACCOMPANYING THEIR PARENTS FOR THE "BRING YOUR CHILD TO WORK DAY" COMMEMORATION. DISCUSSED Chair Sanchez: All right. Good morning, ladies and gentlemen. Want to take this opportunity to welcome you all to City Hall, our historical City Hall. Today is Bring Your Child To Work Day, and we have with us several childrens [sic] that are participating in the program and -- Priscilla A. Thompson (City Clerk): They're our junior clerks for the day -- City ofMiami Page 141 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 NA.2 08-00476 District 4- Commissioner Tomas Regalado Chair Sanchez: Oh. Ms. Thompson: -- our junior City Clerks. Chair Sanchez: All right. That's great. And want to take the opportunity to those that are over to MRC (Miami Riverside Center) and all those that are all participating throughout the United States on this great day, it's great to have your children come to work and see what you're doing, and it's -- I'm sure it's going to be a great experience for them, so we want to take the opportunity to welcome you to City Hall also. "[Later...]" Chair Sanchez: Okay. Before we move on, we do have the children here; and let's get 'em to come up and let's take a picture with the Commissioners. I do apologize for that. All right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $1,000, TO THE INSTITUTO DE CULTURA HISPANICA (A NOT FOR PROFIT ORGANIZATION), TO CO-SPONSOR A SCHOLARSHIP AWARD INITIATIVE THAT REWARDS HIGH ACHIEVING STUDENTS IN THE MIAMI-DADE COUNTY PUBLIC SCHOOL SYSTEM; ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS BUDGET, ACCOUNT NO. 001000.921054.6.289. 08-00476-Leg islation. pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones NA.3 08-00502 District 3- Chair Joe Sanchez R-08-0231 Commissioner Regalado: And Mr. Chairman, it's just a quick resolution allocating funds of the District 4 special event budget, $1,000, for Institute de Cultura Hispanic, a non -for -profit organization, to cosponsor a scholarship award that rewards highest achieving students in the Miami -Dade County Public School System, which will held [sic] their event on the Manuel Artime Theater this coming Sunday. So move. Commissioner Gonzalez: Second. Chair Sanchez: All right. There's a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DEPARTMENT OF FORESTRY 2008 URBAN AND COMMUNITY FORESTRY GRANT PROGRAM, IN SUBSTANTIALLY THE ATTACHED FORM, IN AN AMOUNT City ofMiami Page 142 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 NOT TO EXCEED $10,000, IN SUPPORT OF THE GREEN MIAMI PUBLIC EDUCATION CAMPAIGN FOR TREE PLANTING AND URBAN FORESTRY ("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 $10,000, FROM THE TREE TRUST FUND, FOR A TOTAL PROJECT COST OF $20,000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT SAID GRANT APPLICATION. 08-00502-Leg islation. pdf 08-00502-Exhibit. pdf Motion by Chair Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0232 Chair Sanchez: I have one pocket item. I must stipulate that this is only authorizing a grant application, okay? It has always been my policy, as I always ask the other Commissioners, never to present a pocket item that has a fiscal impact to the City. So this does not cost us any money. This is -- the Manager must bring this back for approval before a single penny is spent, okay? This is a $10,000 of Tree Trust Fund dollars mentioned in the resolution; does not get touched unless it's approved by this Commission. In other words, we're going to be asking for a grant that will come to this Commission. If we need to put any matching grants, it will have to come back to this Commission for approval. All this does is allows us an opportunity to apply for this grant, which is $10, 000 for tree funds, as we fry to meet our goal of planting 10,000 trees per year in our community. But I want you to explain that very carefully. Robert Ruano (Director, Grants & Sustainable Initiatives): Yes. Commissioner Gonzalez: I'll second that motion, too. Mr. Ruano: Yes, Commissioner. Robert Ruano, director of Grants & Sustainable Initiatives. This is a resolution that the State requires of the City Commission, though we typically don't go to the City Commission to apply for grants. But, yes, we understand the stipulation. If we are awarded this grant, we will come back to this Commission to accept it. Chair Sanchez: So it's clear? Pedro G. Hernandez (City Manager): It's just an authorization to apply for a grant. Mr. Ruano: Yes. Chair Sanchez: Once we get the grant, it'll come back to this Commission for us to decide what we're going to do. Mr. Ruano: Correct. Commissioner Gonzalez: Call the question. Mr. Ruano: Correct. Chair Sanchez: All in favor, say "aye." City ofMiami Page 143 Printed on 5/15/2008 City Commission Meeting Minutes April 24, 2008 The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Passes, 5/0. There are no pending other matters to be addressed by this Commission, so therefore -- Commissioner Gonzalez: But a motion to adjourn. Chair Sanchez: -- a motion to adjourn is always in order. Motion and a second. There will be no discussion on the adjourn. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Ladies and gentlemen, thank you so much. Good evening. City ofMiami Page 144 Printed on 5/15/2008