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Home My WebLink AboutCC 2008-07-24 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, July 24, 2008 9:00 AM PLANNING & 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 July 24, 2008 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES EM - EMERGENCY ORDINANCES RE - RESOLUTIONS PART B PZ - PLANNING AND ZONING ITEM(S) M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the 24th day of July 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 Sanchez at 9: 20 a.m., recessed at 12: 28 p.m., reconvened at 2: 46 p.m., and adjourned at 9: 07 p.m. Note for the Record: Commissioner Gonzalez entered the Commission chambers at 9: 24 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela E. Burns, Assistant City Clerk Chair Sanchez: So having said that, let's -- I'll do the invocation, followed by the pledge of allegiance by Commissioner Sarnoff, and then we'll turn it over to the Mayor and the Commissioners for the presentation and proclamations. So please stand up and bow your heads as we pray. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 08-00867 PRESENTATION 9:00 AM Honoree Presenter Mayoral Delegation from Kagoshima, Japan Mayor Diaz Honorable Hiroyuki Mori and Mrs. Mori Student Exchange Program (Wings of Youth) 08-00867 Protocol.pdf 08-00867-Submittal-Kagoshima City Friendship Delegation.pdf PRESENTED Protocol Item Distinguished Visitors 1. Mayor Diaz presented a Distinguished Visitor certificate to the Honorable Hiroyuki Mori and Mrs. Mori, extending to them a sincere andfriendly welcome to beautiful South Florida. 2. Mayor Diaz presented Distinguished Visitor certificates to the Delegation from Kagoshima, extending to them a sincere andfriendly welcome to beautiful South Florida. 3. Mayor Diaz presented Distinguished Visitor certificates to the Student Exchange Program, Wings of Youth, extending to them a sincere and friendly welcome to beautiful South Florida. 4. Mayor Diaz presented a Salute to Andy 'Mr. Diabetes" Mandell of the Defeat Diabetes Foundation for raising awareness about the incidence and preventability of diabetes and the importance of early detection of the disease. 5. Commissioner Regalado presented a Salute to Jorge Maduro for years of dedicated service to the people of the City ofMiami, as teacher, public servant and ardent baseball fan. Chair Sanchez: All right. Mr. Mayor, we recognize you for the record for the presentation and City ofMiami Page 3 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 MAYORAL VETOES proclamations. Presentations made. Chair Sanchez: All right. That concludes our presentation and proclamation. There's one item that will be deferred or continued to the next regular Commission meeting, that was Commissioner Regalado's presentation. NO MAYORAL VETOES Chair Sanchez: At this time, I'd like to state for the record that we have an interoffice memorandum from the City Clerk, which clearly states no veto legislation has been presented by the Mayor. So there are no veto actions to be taken. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones ORDER OF THE DAY Chair Sanchez: And therefore, we'll continue with the order of the day. Let's go ahead and have a motion to approve the minutes of the Planning & Zoning meeting ofPune 26, 208 [sic]. Need a motion. Commissioner Gonzalez: Move it. Chair Sanchez: Motion -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- has been proffered by Commissioner Gonzalez, second by Vice Chair Spence -Jones. Any discussion on approving the minutes for the Planning & Zoning meeting of June 26, 208 [sic]? Hearing no discussion the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. END OF APPROVING MINUTES Chair Sanchez: Good morning, ladies and gentlemen. Want to take this opportunity to welcome you to our historic City Hall. At this time, the City ofMiami Commission meeting is in order. The agenda is the agenda that has been presented to you. It has been properly advertised. We'll go ahead and start with the invocations [sic] and the pledge of allegiance. Before we do that, the Commissioners present -- we have the Mayor who's present with us. Joe Sanchez, the Chair, Michelle Spence -Jones, Vice Chair, Angel Gonzalez, Commissioner of District 1, Marc David Sarnoff, Commissioner ofDistrict 2, Tomas Regalado, Commissioner ofDistrict 4; City Manager, Pete Hernandez, our City Attorney, Julie O. Bru, and our City Clerk, Priscilla A. Thompson. Before we go into the invocation and the pledge of allegiance, just -- the order of the day -- and to try to keep this meeting going smoothly, it is the last meeting of July. We don't meet in August. So, therefore, at this time this agenda has been streamlined but still it's a voluminous agenda. If we do not -- are able to go through the entire agenda, what we'll have is we'll recess the Commission meeting, bring it back tomorrow to finish any items that have not City ofMiami Page 4 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 been taken up by this Commission, just to give you a heads up on that. Also, to maintain a smooth meeting today, what I'm asking is that several items will be heard after lunch. And the -- that would be the Grove waterfront plan, which is RE.5; RE.11, which is the DDA (Downtown Development Authority) millage; RE.4, the BIC (Business Improvement Committee), will also be heard at lunch, and also, Live Nation agreement will be heard at 2. Other than that, I think that we could go through the general agenda, and hopefully, if everything goes well andl do have cooperation from my colleagues, we should even do some of the PZ (Planning & Zoning) items before we break for lunch. [Later...] Chair Sanchez: And at this time what I would like to do is have the City Attorney state the procedures to be followed during the meeting here. Madam Attorney, you're recognized for the record. Julie O. Bru (City Attorney): Thank you, Mr. Chairman. First of all, let me say that the materials in connection with each item that is appearing on this agenda is available for inspection during business hours at the City Clerk's office and online at www.miamigov.com. Any person who is a lobbyist much register with the City Clerk before appearing in front of the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. Please, absolutely no cell phones, beepers, no other audible sound or ringing devices are permitted in the Commission chambers. Please silence those devices now. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. There is also a Planning and Zoning agenda in this Commission meeting, so there will be specific rules that will apply to that portion of the meeting that will be read at the time of the P&Z (Planning & Zoning) meeting, which will begin after 10 a.m. Thank you, Mr. Chairman. Chair Sanchez: Thank you, Madam Attorney. CONSENT AGENDA CA.1 08-00785 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED JUNE 23, 2008, PURSUANT TO INVITATION FOR BIDS NO. 83071,1, FROM ROADSAFE TRAFFIC SYSTEMS, INC., FOR THE PURCHASE OF BARRICADE RENTAL SERVICES, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 08-00785 Legislation.pdf 08-00785 Summary Form.pdf 08-00785 I FB. pdf 08-00785 Tabulation.pdf 08-00785 IFB Contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0427 City of Miami Page 5 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 CA.2 08-00786 Department of Parks and Recreation CA.3 08-00787 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "PROGRAMS FOR THE DEVELOPMENTALLY DISABLED, 2008 -2011," APPROPRIATING FUNDS FOR ITS OPERATION, AND AUTHORIZING THE CITY MANAGER TO ACCEPT ANTICIPATED PAYMENT FOR SERVICES IN THE ESTIMATED TOTAL AMOUNT OF SIX HUNDRED THOUSAND, FIVE HUNDRED AND EIGHTY-TWO DOLLARS ($600,582), FROM THE STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION ("AHCA"), MEDICAID PROGRAM DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A MEDICAID WAIVER SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND THE RISK MANAGEMENT DIRECTOR ("AGREEMENT"), WITH THE AHCA, MEDICAID PROGRAM DEVELOPMENT THROUGH THE FLORIDA AGENCY FOR PERSONS WITH DISABILITIES, TO FUND ON A REIMBURSEMENT BASIS, SUBJECT TO STATE APPROPRIATIONS, SERVICES AND PROGRAMS FOR THE DEVELOPMENTALLY DISABLED WHICH ARE ADMINISTERED BY THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION THROUGH ITS PROGRAMS FOR PERSONS WITH DISABILITIES DIVISION, DURING THE PERIOD OF JULY 1, 2008 THROUGH JULY 1, 2011; AUTHORIZING THE CITY MANAGER AND ALL OTHER NECESSARY CITY OFFICIALS TO EXECUTE, SUBJECT TO APPROVAL BY THE CITY ATTORNEY, ALL OTHER NECESSARY DOCUMENTS TO ACCEPT SAID FUNDS AND TO COMPLY WITH SAID AGREEMENT. 08-00786 Legislation.pdf 08-00786 Exhibit 1.pdf 08-00786 Exhibit 2.pdf 08-00786 Exhibit 3.pdf 08-00786 Exhibit 4.pdf 08-00786 Exhibit 5.pdf 08-00786 Exhibit 6.pdf 08-00786 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0428 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM," AND APPROPRIATING FUNDS FOR THE SAME, CONSISTING OF A SUB -GRANT AWARDED BY THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT, IN THE AMOUNT OF $122,500, TO PROVIDE FUNDING FOR 175 MANHOLE BARRIER DEVICES; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID SUB -GRANT AND TO EXECUTE ANY NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE AND COMPLIANCE OF SAID SUB -GRANT AWARD. City of Miami Page 6 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 08-00787 Legislation.pdf 08-00787 Summary Form.pdf 08-00787 Letter.pdf 08-00787-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0429 CA.4 08-00788 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Employee Relations ATTACHMENT(S), RATIFYING THE MEMORANDUM OF UNDERSTANDING, AMENDING ARTICLES 18.19 (WAGES), 34 (SUBSTANCE/ALCOHOL -PERSONNEL SCREENING), 35 (HEART BILUPHYSICALS) AND 45 (TERM OF AGREEMENT), AND CLARIFYING ARTICLE 18.4 (WAGES) OF THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE FRATERNAL ORDER OF POLICE, WALTER E. HADLEY, JR., MIAMI LODGE NO. 20, IN EFFECT FOR THE PERIOD OF OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2010, SUBJECT TO THE CONDITIONS IMPOSED BY FLORIDA STATUTE 447.309(1). 08-00788 Legislation.pdf 08-00788 Exhibit.pdf 08-00788 Summary Form.pdf CA.5 08-00838 District 4- Commissioner Tomas Regalado CA.6 08-00839 District 4- Commissioner Tomas Regalado Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the record: Item CA.4 was deferred to the City Commission meeting currently scheduled for September 11, 2008. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $5,000, IN SUPPORT OF THE MIAMI HISPANIC BALLET FOR THE XIII INTERNATIONAL BALLET FESTIVAL OF 2008; ALLOCATING FUNDS FROM DISTRICT 4 SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE NO. 001000.921054.6.289. 08-00838 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0430 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING SOUTHWEST 21 ST AVENUE FROM SOUTHWEST 16TH STREET TO SOUTHWEST 19TH STREET, MIAMI, FLORIDA, AS "EMILIO City of Miami Page 7 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 ARECHAEDERRA WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 08-00839 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0431 CA.7 08-00789 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD, FOR THE CURTIS PARK BASEBALL FIELD, IN THE AMOUNT OF $55,375, FROM THE BASEBALL TOMORROW FUND, WITH REQUIRED CITY OF MIAMI MATCHING FUNDS, IN THE AMOUNT OF $158,995, FOR A TOTAL AMOUNT OF $214,370; ALLOCATING FUNDS, IN THE AMOUNT OF $158,995, FROM CAPITAL IMPROVEMENT FUNDS PROJECT NO. B-30541, CITYWIDE PARK EQUIPMENT AND SITE IMPROVEMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 08-00789 Legislation.pdf 08-00789 Exhibit.pdf 08-00789 Exhibit 2.pdf 08-00789 Exhibit 3.pdf 08-00789 Summary Form.pdf 08-00789 Budget Results.pdf 08-00789 Budget Analysis.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0432 CA.8 08-00841 RESOLUTION Office of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Sustainable ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ESTABLISH A Initiatives NEW SPECIAL REVENUE PROJECT ENTITLED: "THE AMERICAN EXPRESS TREE PLANTING CHALLENGE" ("PROJECT"), CONSISTING OF A GRANT AWARD IN THE AMOUNT OF $100,000, WITH A POSSIBILITY OF RECEIVING ADDITIONAL DOLLARS IN AN AMOUNT NOT TO EXCEED $300,000, BEGINNING SEPTEMBER 5, 2008 AND ENDING OCTOBER 15, 2008; WITH SAID PROJECT INCLUDING LOCAL BUSINESSES AND AMERICAN EXPRESS CARDMEMBERS PUBLICLY SUPPORTING THE PROJECT BY CASTING A VOTE FOR THEIR CITY EACH TIME CARDMEMBERS USE AN AMERICAN EXPRESS CARD AT PARTICIPATING BUSINESSES; FURTHER AUTHORIZING THE EXECUTION OF A MARKETING PROGRAM AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City of Miami Page 8 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 08-00841 Legislation.pdf 08-00841 Exhibit.pdf 08-00841 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0433 CA.9 08-00809 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH THE DEPARTMENT OF OFF-STREET PARKING OF THE CITY OF MIAMI, AN AGENCY AND INSTRUMENTALITY OF THE CITY OF MIAMI D/B/A THE MIAMI PARKING AUTHORITY, IN SUBSTANTIALLY THE ATTACHED FORM, TO PROVIDE THE AUTHORITY FOR THE CITY OF MIAMI TO ASSIGN OR TERMINATE EARLY ITS MANAGEMENT OF THE GARAGE 4 PARKING LOT LOCATED WITHIN THE BANK OF AMERICA TOWER. 08-00809 Legislation.pdf 08-00809 Exhibit.pdf 08-00809 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0462 Note for the record: Item CA.9 was deferred to the City Commission meeting currently scheduled for September 11, 2008. Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Direction by Commissioner Sarnoff to the City Attorney to review the Staubach agreement, and provide an interpretation regarding the fee structure language. Chair Sanchez: And now we pull CA.9 for discussion. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff. I'm going to listen to Lori for a moment. Laura Billberry (Director): Lori Billberry, Public Facilities. The item before the Commission is City of Miami Page 9 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 to amend the management agreement with the Department of Off -Street Parking regarding their management of the Garage 4 parking lot. The amendment is to provide that the City could assign or terminate this agreement early in the future. This is just one step in trying to move forward on preparing the site for the future sale that we would bring back to the Commission hopefully in September. Commissioner Sarnoff. Mr. Manager, my issue with this really belongs with the Staubach agreement itself, and we've discussed this privately. My main concern is that there's some language in that agreement that seems to indicate that they would be due a commission for -- I don't remember if it's the north side asset. Pedro G. Hernandez (City Manager): For the north side asset, which is the parking garage. Commissioner Sarnoff. And here's my primary concern. It appears that, potentially, they could get a $1 million brokerage fee in this. My issue with this is there are probably only likely three people who would even consider buying this parcel of land And with that said, I don't see how you could allow an agreement -- and I think the agreement is very vague. So I'd ask the City Attorney to look at this. But I don't see how we should enter into an agreement whereby a vendor of ours, whether they've done work in the past or not, could potentially achieve a huge brokerage fee -- call it what you want -- for the procurement of one of three people. Andl think it's something we need to look at because I think it's a huge windfall. And I'd ask the City Attorney to look at it to give us an interpretation on it, to find out if the language is as it's being interpreted. I just think it's a lot of money to spend and pay when we're going to be looking for money every which way we can in this fiscal year. Mr. Hernandez: Commissioner, we have, you know, following our conversation on the subject matter, researched the issue internally. And my understanding is that the present contract that we have with Staubach calls for us to pay a 1.5 percent up to a $15 million value, and then a 3 percent above the $15 million value. We have already committed to pay, I believe, 108, 000 for prior services together with $50, 000 for architectural services. I believe that once that commission is paid, that we would be receiving back or crediting the $108, 000 that we have paid already. And that's my understanding based on our interpretation of the contract. Commissioner Sarnoff. Can the Commission be provided with the City Attorney's interpretation of that contract? 'Cause it seems like that is an incredibly advantageous contract for the City to enter into. By my computation that could be potentially above a $1 million brokerage fee. Mr. Hernandez: Yes, it could be. Yes. Julie O. Bru (City Attorney): We'll provide something to you, Commissioner, and the rest of the members of the Commission. Commissioner Sarnoff. Thank you. Chair Sanchez: All right. Commissioner, what do you want to do with this item? Make a motion, you want to defer? What do you want to do? Commissioner Sarnoff. Well, I'd like to defer this -- I'd like to continue this until see the copy of the memorandum. Chair Sanchez: All right. Commissioner Sarnoff. Go ahead, Larry. Commissioner Regalado: I will second. City of Miami Page 10 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: Larry, you're recognized for the record. Commissioner Regalado: Second the motion. Chair Sanchez: All right. There's been a motion by Commissioner Sarnoff, second by Commissioner Regalado to defer the item. No further discussion. All in favor, say "aye. The Commission (Collectively): Aye. Chair Sanchez: All right. The item has been continued. Basically, it hasn't been deferred; it's been continued, Madam Clerk, right? For the record, it's been continued. All right. Priscilla A. Thompson (City Clerk): Do we have a date that you want to have this by? Chair Sanchez: It should be the next -- Commissioner Sarnoff. Next Commission. Chair Sanchez: -- 30 days from now. Commissioner Sarnoff. Continuation means next Commission, right? Ms. Thompson: Because -- Mr. Hernandez: Not exactly. Ms. Thompson: -- this is a P&Z (Planning & Zoning) meeting, do you want it at the next regular Chair Sanchez: We'll -- Ms. Thompson: -- meeting? Chair Sanchez: -- no, no. We'll bring it back at the next PZ. Ms. Billberry: September 11, please. Chair Sanchez: Huh? Ms. Billberry: Please, September 11. Chair Sanchez: September 11, all right. We'll bring it back at the next regular Commission meeting. Ms. Thompson: Thank you. [Later..] Commissioner Gonzalez: Pocket items. No? Chair Sanchez: Pocket items or green -- Commissioner Sarnoff. I have one, Mr. Chair. City of Miami Page 11 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: -- blue page items that we may have. Commissioner Sarnoff. Mr. Chair, I want to move to reconsider Item CA.9. When I tabled this or when I asked this to be continued, my concerns related to the agreement with Staubach. They're not directly related to the item before the Commission, which is to amend the agreement with Off -Street Parking. The invitation for bid for the sale of the garage will require approval by the City Commission prior to its issuance. Therefore, I'm assured that any of our concerns will be addressed as Off -Street Parking has already approved this amendment. The Commissioners' approval of CA.9 will facilitate the Administration's drafting of the invitation to bid, andl don't want to hold them up. Chair Sanchez: All right. Commissioner Sarnoff. I misunderstood some of the -- Commissioner Gonzalez: I'll second -- Commissioner Sarnoff. -- issues. Commissioner Gonzalez: -- the petition for reconsideration. Chair Sanchez: Wait. Hold, hold, hold, hold. I believe that Vice Chair has always had some concerns with that item. Is she still here to get her out here on this item? Commissioner Regalado: No, she didn't. Laura Billberry (Director, Public Facilities): HI may -- Lori Billberry -- I think she has more concerns related to what we call the Southside Assets, which is the Knight Center itself. This is just the parking garage. Chair Sanchez: All right. Vice Chair -- Commissioner Sarnoff has made a motion to reconsider the deferral of CA.9, and the item is being brought back for a motion to reconsider. We'll accept that now. Is there a motion to reconsider? There's a motion by Sarnoff, second by Commissioner Gonzalez to reconsider. All we does [sic] is we put it back on the agenda, correct? Commissioner Sarnoff. Correct. Chair Sanchez: All right. All in favor, say aye.' The Commission (Collectively): Aye. Chair Sanchez: Okay. The item has been reconsidered, so now we can -- Commissioner Sarnoff. I make a motion to accept CA.9. Chair Sanchez: All right. The motion -- Commissioner Gonzalez: Second. Chair Sanchez: -- has been made by -- Commissioner Gonzalez: Second. Chair Sanchez: -- Commissioner Sarnoff, second by Commissioner Gonzalez. Discussion on the City of Miami Page 12 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 item. I thought you had some concerns with this. No, you don't? Vice Chair Spence -Jones: No. Chair Sanchez: Okay. There is no discussion on the item. It's a consent agenda item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone on opposition, having the same right, say "nay. " Motion carries. Ms. Billberry: Thank you. CA.10 08-00791 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH General Services ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT Administration FUNDING INTO THE EXISTING SPECIAL REVENUE FUND ENTITLED:"FREQUENCY RECONFIGURATION PROGRAM", ACCOUNT NO. 10090.241000.414200.0000.00000 (PROJECT NO. 24-110117), AWARD NO. 1332, TO RECEIVE FUNDING FROM NEXTEL SOUTH CORP. ("NEXTEL") PURSUANT TO A FEDERALLY MANDATED PHASE II FREQUENCY RECONFIGURATION AGREEMENT ("PHASE II AGREEMENT) FOR WAVE 3, STAGE 2 REGARDING NATIONWIDE RECONFIGURATION OF PUBLIC SAFETY RADIO COMMUNICATIONS SYSTEMS, WITH SUCH FUNDING TO OCCUR PARTIALLY SOON AFTER THE EXECUTION OF SUCH AGREEMENT AND PARTIALLY ON A REIMBURSEMENT BASIS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE THE PHASE II AGREEMENT WITH NEXTEL, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE AN EQUIPMENT EXCHANGE AGREEMENT ("EQUIPMENT EXCHANGE AGREEMENT) WITH MOTOROLA, INC., IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS REQUIRED BY THE FEDERAL COMMUNICATIONS COMMISSION ("FCC") AND THE 800 MHZ TRANSITION ADMINISTRATOR ("TRANSITION ADMINISTRATOR"), AND TO PROVIDE ALL OTHER NECESSARY DOCUMENTS AND CERTIFICATIONS, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT ACCEPTANCE OF AND COMPLIANCE WITH THE PHASE II AGREEMENT, THE EQUIPMENT EXCHANGE AGREEMENT, AND THE PHASE II FREQUENCY RECONFIGURATION PROCESSES REQUIRED BY THE FCC AND THE TRANSITION ADMINISTRATOR; AUTHORIZING FUNDING AND APPROPRIATIONS ON AN AS -NEEDED, IF NEEDED, BASIS SUBJECT TO BUDGETARY APPROVALS FOR VARIOUS CITY DEPARTMENTS TO ACCOMPLISH THE PHASE II RECONFIGURATION PROCESSES REQUIRED BY THE FCC AND THE TRANSITION ADMINISTRATOR AND TO BE DETERMINED DURING THE PHASE II RECONCILIATION PROCESSES. City of Miami Page 13 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 08-00791 Legislation.pdf 08-00791 Exhibit.pdf 08-00791 Summary Form.pdf 08-00791 Budget Impact.pdf 08-00791 Completed Phase.pdf 08-00791 Master Report.pdf 08-00791 Pre Legislation.pdf 08-00791 Agmt I nfo. pdf 08-00791 Letter.pdf 08-00791 Tax Exemption.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0434 CA.11 08-00858 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT (THE "AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE VILLAGE OF KEY BISCAYNE, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, FOR THE USE OF APPROXIMATELY 3 ACRES OF CITY OF MIAMI OWNED LAND IN VIRGINIA KEY, FOR THE PURPOSE OF STORING NON -HAZARDOUS SOIL AND PIPES RELATED TO ITS PUBLIC WORKS WATER AND SEWER PROJECT, WITH SAID REVOCABLE LICENSE TO BE AT A MONTHLY FEE OF $3,000, FOR THE PERIOD OF 18 MONTHS FROM THE EFFECTIVE DATE, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SAID AGREEMENT AS NEEDED. 08-00858 Legislation.pdf 08-00858 Exhibit.pdf 08-00858 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0435 CA.12 08-00859 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 MAGALY R. BALSEIRO, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $35,000, 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 City of Miami Page 14 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 CA.13 08-00862 District 4- Commissioner Tomas Regalado CA.14 08-00865 District 5- Vice Chair Michelle Spence -Jones ANY AND ALL CLAIMS AND DEMANDS, ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 08-00859 Legislation.pdf 08-00859 Memo.pdf 08-00859 Budget Memo.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the record: Item CA.12 was deferred to the City Commission meeting currently scheduled for September 11, 2008. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $1,000, TO ALBA, INC., TO CO-SPONSOR A SPECIAL PRESENTATION OF "JOSE MARTI - THE MUSICAL," TO BE HELD AT THE MIAMI-DADE COUNTY AUDITORIUM, OCTOBER 4, 2008 THROUGH OCTOBER 5, 2008; ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS BUDGET, ACCOUNT NO. 001000.921054.6.289. 08-00862 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0436 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE WAIVER OF ALL FEES FOR THE USE OF THE LITTLE HAITI SOCCER PARK ON FRIDAY, AUGUST 8, 2008, FOR THE NOTRE DAME D'HAITI CHURCH SOCCER LEAGUE. 08-00865 Legislation.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0438 Direction by Vice Chair Spence -Jones to the City Manager to provide a report of all fee waivers approved by the City Commission for the past year. Chair Sanchez: All right. Next item that was pulled for discussion was CA.14. That's waiver of fees, Little Haiti soccer. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff. Yeah. This is a waiver of fees. And my curiosity is, when we waive fees, who ends up doing the cleanup and who incurs the cost? Pedro G. Hernandez (City Manager): Commissioner, that would be our Solid Waste and Public City of Miami Page 15 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Works, as required, to do the cleanup. The waiver that we have in place here in this item is amounting to 1,500, which allows for $600 of labor from the City. The cleanup would be above that. Commissioner Sarnoff. So any time we, as Commissioners, waive fees, we're actually impacting somebody else's budget? Commissioner Regalado: No. Commissioner Sarnoff. No? Commissioner Regalado: HI may. Commissioner Sarnoff. Yeah. Commissioner Regalado: On the -- on several waivers that we have done, the only thing that is waived is the rent of the park. The people that use the facility have to pay for the employees. And that is what we have done throughout the years in Robert King High, which is a park that is highly utilized by civic organizations. The only thing we do is waive, and they are supposed to pay the insurance and the workers of the park that are supposed to do the cleaning. In those instances are the park employees that are paid by the associations that do the cleaning of the park, not Solid Waste. I don't know about this case, but I'm -- since you said when we waive fees, I think that needs to be corrected. That the only thing -- like for instance, when we waive the fees for Shenandoah Park for the cancer marathon, it was only for the rent, but the organizer had to pay for cleanup and some -- and the employees of the park. That's -- that was the understanding on that case. Chair Sanchez: All right. Commissioner Sarnoff, you had the floor. You yield to Commissioner Regalado; it comes back to you. You have any other questions, concerns? Commissioner Sarnoff. No. I bring this up because this is going to come up later on today when we look at an issue with regard to the convention center and the waiver of fees, and we're going to see a very large number there. Chair Sanchez: Okay. Commissioner Sarnoff. And my -- so my question is, it's more -- I'm using this more as a vehicle to find out what it is we do when we waive fees. What impact -- what fiscal impact does that bring to the City? And I'm asking a question. I don't know the answer. Chair Sanchez: Could somebody give him an answer from the Administration as to --? And it's very simple. Any waiver that comes in front of the Commission on the consent agenda, you should have written the amount of fiscal impact to the City. It's a waiver. How much is that waiver going to be? Because, basically, what you have here is a waiver of all fees for the use -- what are the -- all the fees? I mean, maybe that's just for information having to know exactly how much they're waiving 'cause, in some cases, one Commissioner is saying, well, some things aren't waived, some things are waived, and it all boils down to this legislative body doesn't know exactly what's being waived. Mr. Hernandez: Commissioner, in this particular case, the total amount being waived is $1,500 Chair Sanchez: Okay. Mr. Hernandez: -- which includes $600 of staff that includes Solid Waste personnel to clean up City of Miami Page 16 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 after the event. Chair Sanchez: All right. Commissioner Sarnoff. Commissioner Sarnoff. Right. So these are regularly scheduled staff that would not -- that would be there anyway is what you're saying? Mr. Hernandez: I will have Mario Soldevilla from Solid Waste -- Commissioner Sarnoff. I mean, what I'm trying to find out is this overtime? Is this --? What is this? Mario Soldevilla: Mario Soldevilla, director of Solid Waste. Yeah, it's after the event. So we would do it. Now, what happens is if there is anything that needs to be done pre the event, it's done during regular working hours, and therefore, it doesn't incur a -- an additional expense. Commissioner Sarnoff. So, Mario, this is overtime fees that now the City absorbs, correct? Mr. Soldevilla: Correct. Commissioner Sarnoff. So this is time and a half, this is something like that, correct? Mr. Soldevilla: Something like that, yes. Mr. Hernandez: Commissioner, but in this case, we do have $600 that are assigned to staff and that can be accessed by Solid Waste for their cleanup. Commissioner Sarnoff. Okay. So then of the 1,500, then you're saying 900 is overtime. I'm just trying to get it -- Mr. Hernandez: No. Out of 1,500, 700 is the park use fee. Commissioner Sarnoff. Okay. Mr. Hernandez: We have a contingency of $100 for lights. That's $50 an hour. And then we have an optional use of the press box at $100. And then we're allocating $600 towards staff. Commissioner Sarnoff. All right. So then it is fair to say, Mr. Manager, that the lights would ordinarily not be on so it's an incurrence of an additional light bill, if you will. It's an incurrence -- I'm not sure what a press box is because it seems like a press box would be there nonetheless. So, approximately, it seems like $700 is over and above if we just left the park alone? Is that right? Am I doing my math right? Or am I understanding this correctly? Mr. Hernandez: I would say that the staff and the cost of the lighting -- Commissioner Sarnoff. Right. Mr. Hernandez: -- if it's used, and the cost of the press box, if it's used and we have to clean it up, those three items together, it's $800. Commissioner Sarnoff. Okay. Andl have to agree with Commissioner Sanchez. I think that we should know what is the actual cost to the City when a Commissioner waives a fee. Not that we shouldn't do it. But inevitably, you know, whether we're going to be facing a $35 million shortfall or something larger -- it's very easy to come up here and waive fees but we don't know what the fiscal impact is to the City. City of Miami Page 17 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Mr. Hernandez: Mr. Commissioner, Mr. Chairman, that can be added in future items, and -- Commissioner Sarnoff. Yeah. I -- Mr. Hernandez: -- we'll show it. Commissioner Sarnoff. -- I'm just agreeing with Commissioner Sanchez on that. Chair Sanchez: All right. Vice Chair Spence -Jones, you're recognized for the record on CA.14. Vice Chair Spence -Jones: Thank you, Mr. Chairman. This item actually is an item that is -- or a project that is actually taking place within my district, and this is for Notre Dame, which is a -- basically a institution in the heart of Little Haiti. This was an event -- actually a continuation of an event that happened earlier. I just think it's amazing that we're having such a big debate on this issue because the Chairman has talked about this in the past. And know at least over the last seven months or so there have been several items that have been placed on for fee waivers for sitting Commissioners on the dais that the Chairman has brought up as an issue and a concern. I can count the number of times that I've ever asked for a waiver regarding an event on this dais. So I would like to ask the City Manager to please give me -- I would just like an account of all of the past fee waivers for events or activities that have taken place that has been waived from this Commission. I'd like to at least have that for the last nine months or a year because I just want to make sure that there's a balance in us having a discussion about who gets waivers and who doesn't. Again, one of the issues that I've had and concerns that I've had from the Park staff and especially with these parks, our mega parks, or these huge parks that we're doing or we've done major reconstruction in is making sure that we have an operational plan in place. Because we build these parks and we do not build, in part, some sort of operational plan that would include the community. As we know, before I even got here, Little Haiti Park was a huge boost for that community and the residents there were very excited about the park. And unfortunately, when the park opened, there was nothing put aside to address the community and activities that they wanted to have. And even the clarity on how much it cost to even rent the park was not clear. So, you know, this is something that we've been working on, andl know, at least with my office and Parks, to address this issue. But as we begin to do parks throughout our neighborhoods, I think it's extremely important that we put together a serious operational plan because it will become a problem. Because what happens is the residents end up coming to the district Commissioner after all the money has been spent to build the park to wonder whether or not they could use it. And a lot of times these -- the amounts that are being put out there, quite frankly, the neighborhood people that live there can't even afford it. So I'm just asking that my fellow Commissioners support me on this issue. Commissioner Regalado just gave me an article which was on the cover of I think, the -- I don't know which paper that was, Commissioner Regalado. I have it back in my office now -- of Little Haiti Park and Notre Dame, actually this actual tournament that was taking place. I do agree, however, that we should have something attached to it that at least acknowledges the amount for the waiver, but I just want to make sure that, you know, when we start bringing up issues about whether or not individuals have fee waivers, it's across the board. So as far as -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- that's my only comment regarding the issue, and I'm just asking that -- Chair Sanchez: Need a motion -- Vice Chair Spence -Jones: -- my fellow -- City of Miami Page 18 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: -- to approve. Vice Chair Spence -Jones: -- Commissioners support it. So moved on this item. Chair Sanchez: All right. The item, CA.14, resolution, has been moved by Vice Chair Spence -Jones. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Gonzalez. I think we've had adequate discussion and debate on the item. Hearing no further discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries. CA.15 08-00866 RESOLUTION District 5- Vice A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE Chair Michelle HOURS OF SALE FOR ALCOHOLIC BEVERAGES FOR CONSUMPTION ON Spence -Jones THE PREMISES OF CHURCHILL'S LEMON CITY OASIS, LOCATED AT 5501 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, TO ACCOMMODATE THE 15TH MIAMI ROCK FESTIVAL, ON FRIDAY, AUGUST 29, 2008, FROM 3:00 A.M.-5:00 A.M. THROUGH MONDAY, OCTOBER 6, 2008, FROM 3:00 A.M. -5:00 A.M., PURSUANT TO CHAPTER 4/ARTICLE 1/SECTION 4-3, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL/HOURS DURING WHICH SALES ALLOWED; SUNDAY SALES." 08-00866 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0437 Adopted the Consent Agenda Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA Chair Sanchez: Let's go to the consent agenda. Before we enter the consent agenda, as always, is there anyone that would like to address --? Well, let's just go ahead and go through the process. Any Commissioners want to pull any of the consent agenda for discussion? Commissioner Sarnoff. Yes. Chair Sanchez: Okay. Commissioner Sarnoff, which item would you like to pull for discussion? Commissioner Sarnoff. CA.9, as well as CA.14. City of Miami Page 19 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: Okay. Anyone else? Is that -- Pedro G. Hernandez (City Manager): Mr. Chair, if -- Chair Sanchez: Commiss -- hold on, Mr. City Manager. Commissioner Sarnoff, are you done? Commissioner Sarnoff. Yes. Chair Sanchez: All right. Any other Commissioners have any items for the consent agenda which they wish to pull? No? Mr. City Manager, you're recognized. Commissioner Gonzalez: I'll move the balance of the consent agenda. Chair Sanchez: Well, hold on. I believe the City Manager has an item. Mr. Hernandez: Mr. Chairman, Commissioners, I would like to defer CA.4 to September 11 meeting. Chair Sanchez: So you're -- Mr. Hernandez: And -- Chair Sanchez: -- going to continue that one? Mr. Hernandez: Yes, to September 11. Chair Sanchez: All right, so -- Mr. Hernandez: And also, CA.12 to September 11. Chair Sanchez: All right. Let's -- for the sake of clarity and class -- for the sake of clarity here, let's go ahead and continue -- make a motion to continue CA.4 and CA.12. Those items are being continued. Commissioner Gonzalez: Second. Chair Sanchez: There's a motion by the Vice Chair. Is there a second? Second by Commissioner Gonzalez. Any discussion on those items? Hearing no discussion on those items, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, CA.14 [sic] and CA.12 have been continued. Priscilla A. Thompson (City Clerk): CA.4 and -- Chair Sanchez: And 12. Ms. Thompson: -- 12. Chair Sanchez: I'm sorry. Ms. Thompson: Thank you. City of Miami Page 20 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: Those two items have been continued. Ms. Thompson: Thank you. Chair Sanchez: Okay. And then we have two items that have been pulled. Let's go ahead and have a motion to approve the remaining of the consent agenda. The motion has been made by -- Commissioner Gonzalez: Move it. Chair Sanchez: -- Commissioner Gonzalez -- Commissioner Regalado: Second. Chair Sanchez: -- second by Commissioner Regalado. Any discussion on the consent agenda items? Hearing no discussion on the consent agenda items -- the remaining items to be voted on, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. We approve the remaining consent agenda. City of Miami Page 21 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 PH.1 08-00792 RESOLUTION Department of Public Works PUBLIC HEARINGS A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "F.D.O.H. SUBDIVISION," A SUBDIVISION IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 08-00792 Legislation.pdf 08-00792 Exhibit.pdf 08-00792 Exhibit 2.pdf 08-00792 Exhibit 3.pdf 08-00792 Exhibit 4.pdf 08-00792 Summary Form.pdf 08-00792 Memo.pdf 08-00792 Notice.pdf 08-00792 Memo2.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0439 Chair Sanchez: Now we go into the public hearings. Let's go ahead and take up PH.1. PH.1 is being brought to us by Department of Public Works. Commissioner Gonzalez: Public hearing is advertised for 10: 30, I believe. It's only 10:15. Chair Sanchez: No, no. No, no, no, no. Commissioner Gonzalez: No? Chair Sanchez: This one can be heard. Stephanie Grindell: Stephanie Grindell, director of Public Works. PH.1 is a resolution accepting the proposed plat of F.D.O.H. (Florida Department of Health) subdivision, which is located along the south side of Northwest 14th Street between Northwest 13th Court and Northwest 14th Avenue. Commissioner Gonzalez: Move it. Chair Sanchez: All right. There is a motion. Is there a second? City of Miami Page 22 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Commissioner Sarnoff. Second. Chair Sanchez: The motion has been made by Commissioner Gonzalez, second by Commissioner Sarnoff. It is a resolution, requiring no -- well, it requires a public hearing, yes. 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. No further discussion. 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. 10:30 A.M. PH.2 08-00798 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), GRANTING TO HABITAT FOR HUMANITY OF GREATER Development MIAMI, INC. ("HABITAT") AN EXTENSION OF TIME UNTIL DECEMBER 31, 2008 TO COMMENCE CONSTRUCTION ON THE PROPERTIES LISTED AND LEGALLY DESCRIBED ON EXHIBIT "A", ATTACHED AND INCORPORATED (THE "PROPERTIES"); STATING THE INTENTION OF THE CITY COMMISSION RELATED TO THE CONVEYANCE OF TITLE TO SUCH PROPERTIES; FURTHER GRANTING HABITAT AN EXTENSION UNTIL DECEMBER 31, 2009 TO COMPLETE CONSTRUCTION ON SAID PROPERTIES; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENT(S) FOR SAID PURPOSE. 08-00798 Legislation.pdf 08-00798 Exhibit.pdf 08-00798 Exhibit 2.pdf 08-00798-Exhibit 3-SUB.pdf 08-00798-Exhibit 4-SUB.pdf 08-00798-Exhibit 5-SUB.pdf 08-00798 Exhibit 6.pdf 08-00798 Exhibit 7.pdf 08-00798 Summary Form.pdf 08-00798 Public Notice.pdf 08-00798 Exhibit A.pdf 08-00798 Pre Legislation.pdf 08-00798 Quit Claim Deed 1.pdf 08-00798 Quit Claim Deed 2.pdf 08-00798 Quit Claim Deed 3.pdf 08-00798 Pre Legislation 2.pdf 08-00798 Exhibit A2.pdf 08-00798 Quit Claim Deed 4.pdf 08-00798 Quit Claim Deed 5.pdf 08-00798 Pre Legislation 3.pdf 08-00798 Quit Claim Deed 6.pdf 08-00798 Letter.pdf 08-00798 Corporation.pdf 08-00798-Corrective Memo.pdf 08-00798-Corrective E-mail.pdf City of Miami Page 23 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0441 Chair Sanchez: Now let's go to the public hearings, which have been properly scheduled for 10: 30. And what's the first item, Madam --? Commissioner Sarnoff. PH.2. Vice Chair Spence -Jones: PH (Public Hearings) -- Priscilla A. Thompson (City Clerk): PH.2. Vice Chair Spence -Jones: -- 2, Habitat. Chair Sanchez: PH.2. PH.2 is a resolution; it's been properly advertised at 10: 30, and therefore that's why we took up some of the other items to try to make up some time. We have the Department of Community Development. You're recognized for the record. Alfredo Duran (Assistant Director): Good morning. Alfredo Duran, with the Department of Community Development. PH.2 is a resolution which grants an extension to Habitat for Humanities [sic] to commence and to complete construction on a townhouse -- affordable townhouse development. These are six lots that were conveyed to the -- to Habitat and need an extension -- need to be extended to be able to give them that time. Commissioner Gonzalez: Move PH.2. Chair Sanchez: It -- Vice Chair Spence -Jones: Second. Commissioner Sarnoff. Second. Chair Sanchez: There's a motion for the record -- Commissioner Sarnoff. It was --- Chair Sanchez: -- by Commissioner Gonzalez, second by the Vice Chair. For the record, there is a substitution that we need to put on the record. Mr. Duran: For the record, there's a substitution on three lots that clarified the amount of units that each -- that the lots needed to contain. Chair Sanchez: Okay. It is a resolution. There's a motion and a second. Discussion. Vice Chair, you're recognized for the record. Vice Chair Spence -Jones: Yes. I just want to make sure that -- I know Habitat is here -- Anne -- have been doing a great job in my district rebuilding a lot of the lots, but I just wanted to make sure you put on the record why the extension is necessary for Habitat. It had a lot to do with some of the legal stuff that we had to work out. Mr. Duran: It had to -- City of Miami Page 24 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Vice Chair Spence -Jones: Just want to make sure 'cause very seldom they ask for -- Mr. Duran: Yes. Vice Chair Spence -Jones: -- an extension. I think it's important for you to put on the record. Mr. Duran: It had to do with a number of things; more recently is obtaining permitting and getting WASA (Water and Sewer Authority) agreements. But the design of the project also changed from single-family homes. They felt that it was better use of the land to do a townhouse development. Those were some of the reasons why it's been delayed. Vice Chair Spence -Jones: Okay. Thank you so much. I just wanted you to put it on the record. Mr. Duran: Sure. Chair Sanchez: All right. Public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. David Alexander: Mr. Chairman -- Chair Sanchez: Yes, sir. Mr. Alexander: -- David Alexander, president of -- Chair Sanchez: You're recognized for the record. Mr. Alexander: -- St. John Community Development Corporation, 1324 Northwest 3rdAvenue. Mr. Chairman, I'm -- Commissioners, good morning, Mr. City Manager. I'm here on an issue of concern, which basically brings to light some problems in the affordable housing community. We had specifically asked Commissioner Spence -Jones to help us out with a situation that arose in Overtown. And after a long and convoluted negotiation process, the City ofMiami gave Habitat for Humanity property in exchange for the return of other lots in Overtown for the St. John Village Homes phase two townhouse project. The Habitat for Humanity did transfer the lots back to the County, and the County still retain control of those properties, and therefore, stopped the development of the property because it was contingent on the transfer of those properties that St. John was supposed to purchase a lot from Habitat. At this point in time, Habitat has said because we don't have site control from the County, they, in fact, will not honor their original agreement to purchase the property -- to sell the property to us. This put us in a bad situation 'cause for several years now we've been investing predevelopment expenses on the development of phase two. As you know, phase one is completed and is about to be sold out. And we would want to put on the record today that we are asking the City to take a long hard look at the situation and to make it right. Chair Sanchez: All right. Thank you, Mr. Alexander. Anyone else wishing to speak on this item? If not, the public hearing is closed coming back to the Commission. Vice Chair Spence -Jones, you're recognized for the record. And for the record, we do have a motion and a second. Vice Chair Spence -Jones: Okay. I just want to make sure that we're clear. The lots that we're talking about that -- for this particular item is really about Liberty City, but you are bringing this issue up as -- in relationship to an issue that's going on in Overtown; just want to make sure we're not blurring the lines. And David I just want to be clear because I think these are all the lots that the County has now -- and Anne, I don't know if you're clear on it too -- has taken back for whatever reason. I guess they're going to -- or were looking at redeveloping. My question would be, the County Commissioner, have you reached out to her regarding the lots? Because if City ofMiami Page 25 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 PH.3 08-00799 Department of Community Development it's no longer in the hands of the City ofMiami, then the conversation really needs to be had with the County Commissioner. Mr. Alexander: Yes, we are in the process of reaching out to the County Commissioner. We had, in fact, believed that the deal was still in place. But last week, we spoke to GSA (General Services Administration), and GSA apparently needs to be prodded by the Commissioner's office, and we will take it up with her. Vice Chair Spence -Jones: Okay. Chair Sanchez: All right. No further discussion on the item. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion clears. Madam Clerk, PH.2 has been approved, 5/0. Priscilla A. Thompson (City Clerk): As modified Chair Sanchez: As modified with the substitution. Ms. Thompson: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY") ANNUAL ACTION PLAN FOR FISCAL YEAR 2008-2009, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO SUBMIT THE CITY'S ANNUAL ACTION PLAN FOR FISCAL YEAR 2008-2009, TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR REVIEW AND APPROVAL. 08-00799 Legislation.pdf 08-00799 Exhibit .pdf 08-00799-Exhibit 2-SUB.pdf 08-00799 Summary Form.pdf 08-00799 Notice.pdf 08-00799-Memo-FY 2008-2009 Action Plan Corrections.pdf 08-00799 Pre Legislation.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0442 Chair Sanchez: All right. PH.3 is approving the annual action plan. Commissioner Gonzalez: Move it. Chair Sanchez: All right. We need to put something on the record briefly. Alfredo Duran (Assistant Director, Community Development): Yes, indeed. It is a -- the approval of the submission of the City ofMiami's annual action plans required by HUD City ofMiami Page 26 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 (Department of Housing and Urban Development). It's in connection with all the federal grants that we receive. Chair Sanchez: All right. There's a motion. Is there a second? Vice Chair Spence -Jones: Second. Chair Sanchez: Motion has been made by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones on PH.3, which is a resolution. Before we open it up for discussion, 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. All right. Any discussion on PH.3? Priscilla A. Thompson (City Clerk): Chair, according to my notes, I have it listed here as a substitute. Mr. Duran: That's correct. There was a substitution on this item. Unfortunately, the first action plan provided to you all missed some pages in the transfer electronic. We have submitted to you with the -- Chair Sanchez: Any of the Commissioners have any problems with the substitution? Commissioner Gonzalez: No. Chair Sanchez: Having no problem with the substitution, that takes care of that issue. There's a motion and a second; still under discussion. Hearing no discussion, there's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, PH.3 has been approved, 5/0. PH.4 08-00721 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, AFTER AN Community ADVERTISED PUBLIC HEARING, AUTHORIZING THE CITY MANAGER TO Development SUBMIT A REQUEST TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") FOR AN EXCEPTION TO THE HOME INVESTMENT PARTNERSHIPS ("HOME") PROGRAM CONFLICT OF INTEREST PROVISIONS, TO ALLOW A CITY OF MIAMI EMPLOYEE TO PURCHASE A ST. JOHN VILLAGE TOWNHOME, LOCATED AT 1622 NORTHWEST 1ST AVENUE, UNIT 2, MIAMI, FLORIDA, A PROPERTY/PROJECT FUNDED BY THE CITY OF MIAMI WITH HUD HOME FUNDS; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. 08-00721 Legislation.pdf 08-00721 Summary Form.pdf 08-00721 Notice.pdf 08-00721 O rd i n a n ce. pdf 08-00721 Resolution.pdf 08-00721 Memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 27 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0443 Chair Sanchez: Moving on to PH.4, it's also a resolution being brought to us by the Community Development Department. Sir, you're recognized for the record. Alfredo Duran (Assistant Director, Community Development): This is a resolution which authorizes the City Manager to submit a request for exception to allow a City employee to purchase a property that was assisted with City ofMiami federal funding. The person's name is Ultrina Harris. She is buying a property built by St. John CDC (Community Development Corporation). St. John CDC, building St. John's townhomes, received federal dollars in connection with the construction of that project. This is a process that's required by HUD (Department of Housing and Urban Development) in order to get her approved to buy the unit. Chair Sanchez: All right. Commissioner Gonzalez: I'll move the resolution and -- Chair Sanchez: There -- Commissioner Gonzalez: -- wish the lady better luck than Olga Bello. Chair Sanchez: Yes. Mr. Duran: So noted. Chair Sanchez: That is true. Okay, there's a motion. Is there a second? Vice Chair Spence -Jones: Second. Chair Sanchez: Second. All right, for the record, there's a motion. It has been made by Commissioner Gonzalez, second by Commissioner Regalado. Before we open it up for discussion, it is a resolution requiring public hearing. Anyone from the public wishing to address this item? David Alexander: Mr. Chairman, David Alexander, president/CEO (Chief Executive Officer) of St. John Community Development Corporation, 1324 Northwest 3rdAvenue. Mr. Chairman, I must say that this is the conclusion of a six-month process where we tried to qualin, a buyer who is an employee of the City ofMiami for affordable housing projects located within the enterprise zone and the City ofMiami. Andl would like to say for the record that thank the Department of Community Development for helping us along with this process. But I must say for the record that the process is unconscionable. I believe that it is in fact prejudicial against the best interest of the City and affordable housing community. The job that we have is hard enough as it is already without having to fight the bureaucracy to help homebuyers to purchase just because they happen to be a part-time City ofMiami employee. I think that we need to take a long hard look at the way these regulations have been brought forward to us. Andl ask and question the effectiveness of the program because if the City ofMiami is supposed to be helping its employees to buy homes within the City, then we find this to be totally counterproductive. So for the record, it's taken six months to qualin, a buyer who should never have been questioned in the first place because she has no conflict. She works for the Parks Department. She's not part of Community Development. Andl ask that the Manager and the Commission come up with a better flow so that we can review the files of these buyers and we can allow City employees the same rights that everybody else has. Thank you very much. Vice Chair Spence -Jones: Mr. Chairman, can I -- I'm sorry -- just --? City ofMiami Page 28 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: All right. Thank you, Mr. Alexander. We're on this item. Vice Chair, you're recognized, and then we'll just vote on it. Vice Chair Spence -Jones: I do -- I just do want to know -- and if Commissioner Gonzalez had the same or something similar happen with an employee -- I'm just -- what is the delay and why is there an issue with --? I mean, we want more City employees to move back to the City of Miami. I mean, that -- you know, that would be an ideal scene. What is -- what are the delays? What are the problems? Mr. Duran: This specific situation is -- the City has done, first of all, everything we can to be able to allow City employees -- Vice Chair Spence -Jones: Is it more of a HUD issue? Mr. Duran: Yes, it is. This is a HUD -required -- requirement that regardless of what the City's policy is as far as allowing City employees to participate in these programs -- and we do by Code -- Vice Chair Spence -Jones: Right. Mr. Duran: -- we must go to HUD and get a waiver, and there's a certain process that needs to be followed getting -- Vice Chair Spence -Jones: And how long will this -- now that we approved it, now how long will it take for them to waive this? Mr. Duran: It's typically taking 90 days -- Vice Chair Spence -Jones: Ninety days? Mr. Duran: -- to get. Yes. And the situation -- her situation, there was some issues with also the income of the person. And it was a process that we had to engage. It normally does not take that much time. It did in this particular case. Commissioner Gonzalez: But in the case of Olga, it took more than 90 days, right? Mr. Duran: Yeah. In the -- Commissioner Gonzalez: It took about six months to get an answer. Mr. Duran: Yeah. In the case of Olga, it was a totally different situation. She was not a low-income person. It had to do with the structuring of the project she was buying. It was a totally different situation, which we're still dealing with. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: Let me tell you. They're doing a lot to help people -- poor people obtain housing. Vice Chair Spence -Jones: Yeah. Commissioner Gonzalez: They should be commended. Chair Sanchez: What was that, stay homeless? City of Miami Page 29 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Vice Chair Spence -Jones: No. Commissioner Gonzalez: They should be commended, you know, for the work they're doing trying to help -- I'm talking about HUD. Vice Chair Spence -Jones: HUD. Chair Sanchez: Okay. Commissioner Gonzalez: I mean, it's ridiculous the amount of regulations and the amount of you know, obstacles that they put on this -- they, you know, say publicly that they're helping people obtain housing. Well, I don't know. You need to be inside the monster to see what they're really doing. Chair Sanchez: All right. PH.4. Commissioner Regalado: Mr. Chair. Chair Sanchez: It's a resolution. Commissioner Regalado. Commissioner Regalado: Just a comment. Those regulations can be changed. Those regulations to be changed do not need a Congress action. These are internal HUD regulations. This is why we have lobbyists in Washington that we pay, the City does. These are the things that the City needs to attack. The City also needs to keep trying to get HUD to understand that we, as a major city, should have our own rules and regulations and our own HUD department as the City used to have. Right now and until the 31 st of July, people are supposed to register for public housing. But the problem is that they can only do it online. And the problem is that the Spanish Web page is sort of -- it froze. And people have not been able to access in the first two weeks of the register the pages. I don't know why HUD expects that every senior citizen, poor senior citizen should have a computer. Now they're offering the library system. But there are people that are not able with computers. So all these things keep coming back to the City as problems that we didn't create. Andl think -- I really think that we should be more proactive with the Section 8 to assume more Section 8 vouchers, to public housing, to even think of assuming the buildings in our municipality because that's the way it used to be before and it worked. Now that department locally and even federal, it's creating a lot of problems for residents. And you know these case is a really incredible because we are saying that we do want employees, police, firefighters, local employees to go and come and live in the City ofMiami, but it is a nightmare. Andl think that the lobbyists of the City in Washington should try to get HUD to change the rule. It's very easy to do it if they do it through the right way. Thank you, Mr. Chairman. Chair Sanchez: All right. We're on PH. 4. I think we've discussed this -- Mr. Alexander: Mr. Chairman -- Chair Sanchez: No, sir. Mr. Alexander: -- one question. Chair Sanchez: Public hearing is closed. We're voting on the item. RE.4 [sic], it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 30 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 PH.5 08-00796 Department of Community Development Chair Sanchez: Anyone in opposition, having the same right, say "nay." RE.4 [sic], resolution has been approved, 5/0. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. 07-0542, ADOPTED SEPTEMBER 27, 2007, RELATING TO THE CONVEYANCE OF THE CITY OF MIAMI OWNED PARCELS OF LAND LOCATED AT 400-420 SOUTHWEST 8TH AVENUE, AND 430 SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, COMMONLY KNOWN AS THE VILLAS TEATRO MARTI PROPERTY, TO PRESTIGE ENTERPRISE GROUP, INC., FOR THE DEVELOPMENT OF A MIXED -USE, MIXED -INCOME AFFORDABLE HOUSING PROJECT (THE "PROJECT"); AUTHORIZING THE CANCELLATION OF THE REQUEST FOR PROPOSAL IN CONNECTION WITH SAID PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENT(S) FOR SAID PURPOSE. 08-00796 Legislation.pdf 08-00796 Exhibit.pdf 08-00796 Summary Form.pdf 08-00796 Pre Legislation.pdf 08-00796 Exhibits.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0444 Chair Sanchez: All right. RE.5 [sic] is also a resolution. I do want to apologize. We have a very voluminous agenda and we need to get through it as quickly as possible. If not, we'll be here tomorrow. Commissioner Gonzalez: I'll move PH.5. Chair Sanchez: All right. PH.5, there's a motion. Need a second. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by the Vice Chair. Just state on the record what we're voting for. Alfredo Duran (Assistant Director, Community Development): We're voting for a resolution that will rescind Resolution 07-0542, which was a resolution awarding a project to Prestige for the development of a City -owned affordable, mixed -use affordable homeownership project that was designed and recommended by staff. In today's market a homeownership project would not be as viable as a rental project and we're rescinding this. It's not in compliance with the -- the new scope is not in compliance with the intent of this resolution, so we're rescinding the resolution. Chair Sanchez: Okay. Before we open it up for discussion, it requires a public hearing, and it's a resolution. 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. Discussion on the item. Hearing no discussion, I think you put -- you stated all the facts on the record as to why we are rescinding this. It is a shame that we worked so hard to try to get these City of Miami Page 31 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 projects up and going with the dire need in our community of affordable housing. But, you know, hopefully now we'll probably get it done by 2010 according to what the plans are and how the process goes, but there are some things that are beyond our control, and at the end of the day, you know, government gets blamed for the actions. But there's some things that we can't control, such as the economy, such as the market that's out there and people that are not willing to take that risk anymore. So I think we just need to work a little bit harder to try to get this project done before 2010. All right. No further discussion on this. I want to thank the department for meeting with us on this and working this out. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, PH.5 has been approved, 5/0. We took care of -- that concludes the public hearings. Vice Chair Spence -Jones: Yes. Chair Sanchez: Okay. END OF PUBLIC HEARINGS City of Miami Page 32 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 SR.1 08-00840 District 1 - Commissioner Angel Gonzklez ORDINANCE - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTERS 2 AND 12.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ESTABLISHING THE DISTRICT 1 HOUSING ADVISORY BOARD ("ADVISORY BOARD") BY DEFINING THE GEOGRAPHIC BOUNDARIES FOR THE DISTRICT 1 COMMUNITY REVITALIZATION DISTRICT, SETTING FORTH THE ADVISORY BOARD'S PURPOSE, POWERS AND DUTIES, PROVIDING FOR COMPOSITION AND APPOINTMENTS AND PROCEDURES, TERMS OF OFFICE, VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTENDANCE REQUIREMENTS, OFFICERS, QUORUM AND VOTING, MEETINGS, ABOLISHMENT, LIAISON DESIGNATED BY THE CITY MANAGER, COUNSEL, BUDGET APPROVAL AND ANNUAL REPORT AND PROVIDING FOR "SUNSET" REVIEW; MORE PARTICULARLY BY AMENDING SECTION 2-892 AND ADDING NEW DIVISION 5 TO CHAPTER 12.5 OF THE CODE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 08-00840 Legislation.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 13012 Chair Sanchez: All right. Madam Clerk, from here on we have public hearings that have been advertised for 10: 30, correct? Priscilla A. Thompson (City Clerk): That is correct. Chair Sanchez: All right. What can we take up? Commissioner Gonzalez: You can take EM.1, EM.2. Vice Chair Spence -Jones: SR.1. Commissioner Gonzalez: SR.1. Chair Sanchez: SR.1. We could take up SR 1 -- Ms. Thompson: Sure. Chair Sanchez: -- correct? All right. Ladies and gentlemen, we'll go into the ordinance on second reading. We're going to take up SR.1. It's an ordinance on second reading. That is -- Commissioner Sarnoff. What page are you on? Chair Sanchez: Page 19 on my pages. All right. Who's going to be presenting SR.1? City of Miami Page 33 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Commissioner Regalado: Page 15. Chair Sanchez: All right. Economic -- I mean -- Pedro G. Hernandez (City Manager): SR.1, it's basically an ordinance to create the housing advisory board for District 1. Commissioner Gonzalez: Right. Mr. Hernandez: District 1 is the one that is now, you know, receiving the HOME (Home Investment Partnership Program) dollars to improve and enhance housing opportunities in that district. District 1 -- Commissioner Gonzalez: Move SR. 1. Vice Chair Spence -Jones: Second. Commissioner Sarnoff. Second. Chair Sanchez: All right. There's a motion and a second. All this does, it establish District 1 to create his homeownership board, whichever it'll be, an advisory or however he wants to handle it. All right. There's a motion and a second. No discussion on the item. It is a -- an ordinance on second reading. Anyone here from the public wants to address this item, please identf yourself. Seeing no one, hearing no one, the public hearing is closed and it comes back to the Commission. Madam Attorney, read the ordinance on second reading into the record, followed by a roll call. Julie O. Bru (City Attorney): Mr. Chairman. The Ordinance was read by title into the public record by the City Attorney. 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 adopted on second reading, 5/0. END OF ORDINANCE - SECOND READING City of Miami Page 34 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 EMERGENCY ORDINANCES EM.1 08-00800 ORDINANCE Emergency Ordinance Department of Public Works AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/NAMING OF STREETS AND NUMBERING OF BUILDINGS," MORE PARTICULARLY BY AMENDING SECTION 54-137 OF SAID CODE, ENTITLED "STREET CODESIGNATIONS," TO ALLOW STREETS TO BE CODESIGNATED WITH THE NAMES OF LIVING INDIVIDUALS WITH A VOTE OF FOUR CITY COMMISSIONERS, AND SO LONG AS THE RESUME OR CURRICULUM VITAE OF ANY LIVING INDIVIDUAL CONSIDERED IS INCLUDED IN THE MATERIAL REVIEWED BY THE CITY COMMISSION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-00800 Legislation.pdf 08-00800 Summary Form.pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED as an emergency measure, with modifications, waiving the requirement for two seperate readings PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 13013 A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to amend EM.1 to include the provision of a resume or curriculum vitae to the City Commission of any living individual under consideration, and to require a four fifths affirmative vote of the City Commission to approve the codesignation of names of living individuals. Chair Sanchez: Okay. We move on now to -- Vice Chair Spence -Jones: EM.1. Commissioner Gonzalez: EM.1. Chair Sanchez: -- EM.1. It's an ordinance, an emergency ordinance. Stephanie Grindell: Stephanie Grindell, director of Public Works. Chair Sanchez: Requiring a four fifth vote. Ms. Grindell: Correct. This is an emergency ordinance amending Chapter 54 to allow streets to be codesignated with the names of individuals that are still living. Chair Sanchez: All right. So in other words, right now our ordinance clearly states that the person has to be deceased? Ms. Grindell: Correct. Chair Sanchez: In other words, here you have two individuals who not only were they married, but also were famous at what they -- City of Miami Page 35 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Ms. Grindell: As a couple. Chair Sanchez: -- in their profession. So what we're doing here is we are amending it to make sure that as long as one is deceased, correct? Ms. Grindell: That's correct. Chair Sanchez: All right. I believe there's some -- going to be some modifications to this ordinance. Commissioner Regalado: Mr. Chairman. Commissioner Gonzalez: Well -- Chair Sanchez: All right. Hold on. Commissioner Regalado, you're recognized for the record. Commissioner Regalado: Just to clam and to explain why this is sort of an emergency. Because we have the other item. Several month ago -- actually about two month and a half ago, Commissioner Carlos Gimenez, who is the district Commissioner for areas of the City ofMiami that includes 34th Avenue, took to the County a resolution that was approved by 13 votes naming 34th Avenue Olga and Tony Boulevard. It was not a recommendation to the City, but it was a naming. Then they realized after that it was passed that it should have been like asking the City because 34th Avenue is a City street or avenue. And that's when the situation began that the County already began the process of even doing the signs, and then they asked the City for help. And the only way that we could do that -- and Public Works came up with the idea -- is to mod the Code so we can later vote on the naming and then the County and the City are on the same page. And what the Chairman said, it's exactly the same. The problem is that in this case, in this couple, they -- by one of them alone, they will never be identified They would always be known by their names as a couple because they were actors and singers, and they were very popular for many decades in Cuba, Puerto Rico, throughout the United States and Latin America. So that's basically the story of this ordinance, in order to correct a situation that was created because of the County move forward with the naming of a street that belonged to the City ofMiami. That's all that there is to it. Chair Sanchez: Okay. Commissioner Gonzalez, you're recognized for the record. Commissioner Gonzalez: Yeah, I understand the -- what she's trying to say, andl agree a hundred percent with this codesignation. But I think, you know, it's good that this opportunity present itself to correct something that think we should have -- it should have been corrected a long time ago. I mean, I don't see a reason why we have to wait for a person to die to name a street after that person. Because let me tell you, that person will never find out about it, okay? So I don't know who you're trying to honor, you know, by naming people that passed away. I mean, they -- you know, they don't care. They don't care. After they're dead, they don't care if you name a street, a building, or you know. So I think it's a good time to amend the or -- the County names a street after persons that are living persons. The State does the same thing, the federal government. Why should we be different than anybody else, you know? And if we name a street after a person and a person commits a felony or does something, you know, derogatory to the community, hey, it's very simple. We just get a screwdriver and go to the street and take the sign down, and that's it. You know, it's over. I mean, it's not -- it doesn't take an act of Congress to dissolve the action of the Commission. So my proposal is -- andl agree a hundred percent with Olga and Tony, andl know the history, too. Once again, I support it a hundred percent, butl think it's a good opportunity to amend it so that we, with a four fifth vote, can name a street after people, you know, that are still alive. Andl will also add to it that we should -- you know, each Commissioner should get a complete resume of the person that is being City ofMiami Page 36 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 proffered to have a street name after them. Chair Sanchez: All right. So on the ordinance, there was -- Was there a motion and a second? It was not. So we can amend it without -- Commissioner Sarnoff. Make a motion. Chair Sanchez: -- right now. So -- Commissioner Sarnoff. As -- Commissioner Gonzalez: That is my motion. Chair Sanchez: The motion has been presented by Commissioner Gonzalez to amend this emergency ordinance, which is going -- Commissioner Regalado: Second. Chair Sanchez: -- to require a four fifth and two votes. And then we have to take up the resolution [sic] in itself. Priscilla A. Thompson (City Clerk): The ordinance itself. Chair Sanchez: Yes. So therefore, the modification or the amendment is that it would require this Commission, this legislative body, a four fifth vote to name a street after someone who is still living. Commissioner Gonzalez: Right. Chair Sanchez: Okay. So for the record, it has been amended. There has been a motion proffered by Commissioner Gonzalez. Who second it? Commissioner Regalado: Me. Ms. Thompson: Commissioner -- Chair Sanchez: Commissioner Regalado. Before we discuss the item, it re -- it is an ordinance. It's an emergency ordinance, which requires a public hearing. Anyone from the public wishing to address this item, now is the time. Please step forward and be recognized. Seeing no one, at this time the public hearing is closed, coming back to the Commission. Hearing no further discussion, as -- Commissioner Sarnoff. Well, let me just -- can I just say one thing? Chair Sanchez: Sure. You're recognized. Commissioner Sarnoff. Just so the legislative history -- I'm not going to require this to be an amendment, but I want to sort of enhance what Commissioner Gonzalez said. And just for the legislative history of it, in the event that a person is subsequently determined to have convicted a felon [sic] or a crime of moral turpitude, I think the legislative history should demonstrate that this ordinance, as part of its discussion, would be brought back to the Commission and that that designation probably should and could be changed by this Commission. I don't think it needs to be in the ordinance, but it should be part of our legislative history. Commissioner Gonzalez: I accept that -- I accept the amendment. City of Miami Page 37 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: Well, no, no, no. He's not proffering an amendment to it. He's just -- Commissioner Sarnoff. I'm just sayingl think it -- Chair Sanchez: -- stating that -- Commissioner Sarnoff. -- should be part of our discussion. Commissioner Gonzalez: Okay. Chair Sanchez: -- part of the discussion is we, as the legislative body, could take that action any time with a two -third vote to remove anybody's name from a street if they somehow discredit this City as well their profession. All right. Commissioner Sarnoff. Would that require a two-thirds vote or would that require just a vote of the majority of the Commission? Julie O. Bru (City Attorney): Just a simple majority vote. Commissioner Sarnoff. Okay. Chair Sanchez: A simple major -- okay, a simple majority vote. All right. Okay. Read the ordinance into the record, followed by a roll call. Ms. Thompson: Before you read the ordinance, you do have a motion on the floor that has the amendment listed with the resume and the four fifth vote. Chair Sanchez: Yes. Ms. Thompson: I need a vote, please. Chair Sanchez: We need to read the ordinance first, followed by -- No? Ms. Thompson: No. Chair Sanchez: Oh, we need to vote on the amendment. Okay. The amendment -- we need to accept the amendment. I do apologize. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " Okay, the amendment has been voted on and approved, 5/0, and therefore, now we vote on the resolution as -- the ordinance, as amended. Ms. Thompson: Thank you. Ms. Bru: Okay, Mr. Chairman. Chair Sanchez: Read the ordinance into the record. Ms. Bru: This is an emergency ordinance, so I will read the title once, and then you can take the two votes. It is an emergency ordinance. Chair Sanchez: Yes. City of Miami Page 38 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 EM.2 08-00849 Department of Employee Relations The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: All right, first roll call. Ms. Thompson: I'm sorry, Chair, and my fault. I did have a mover and a seconder on your motion for the amendment. I do not record a mover and a seconder on your ordinance. Chair Sanchez: Okay, so since we're on the computers now -- Commissioner Regalado: I'll move it. Chair Sanchez: -- and we have to keep the proper documentation -- Commissioner Gonzalez: I'll second it. Chair Sanchez: -- we need a second for -- this is for the ordinance itself, as modified, okay. Ms. Thompson: Yes. Chair Sanchez: The motion has been proffered by Commissioner Regalado, second by Commissioner Gonzalez as to modin, ordinance EM.1, which is an ordinance -- an emergency ordinance, which will require two readings, which we'll go with the first followed by the second. Ms. Thompson: Actually, it's one reading with your two roll calls. So we'll have two roll calls, okay? Chair Sanchez: Okay. Ms. Thompson: First roll call, please. All right. This is your second roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: The ordinance has been adopted as an emergency measure, 5/0. ORDINANCE Emergency Ordinance (4/5THS) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST," PARTICULARLY BY AMENDING SECTION 40-203, TO AMEND THE MAXIMUM PARTICIPATION ALLOWABLE IN THE FORWARD DEFERRED RETIREMENT OPTION PROGRAM (DROP) FROM FORTY-EIGHT (48) TO FIFTY-FOUR (54) MONTHS FOR FIREFIGHTERS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-00849 Legislation.pdf 08-00849 Summary Form.pdf THIS EMERGENCY ORDINANCE MUST BE HEARD AFTER THE COMPANION RESOLUTION RE. 2. City of Miami Page 39 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED as an emergency measure, waiving the requirement for two separate readings PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 13019 Chair Sanchez: Now we take the emergency ordinance pertaining to that item, which is -- Commissioner Gonzalez: I'll move EM.2. Chair Sanchez: All right. Wait. Commissioner Regalado: Second. Chair Sanchez: Okay. Pedro G. Hernandez (City Manager): Got to read it. Chair Sanchez: I got to find it first. Julie O. Bru (City Attorney): Any discussion. Public hearing. Priscilla A. Thompson (City Clerk): That's EM. 2. Commissioner Gonzalez: F}vl.2. Chair Sanchez: Yes. All right. EM.2 is an ordinance. There's a motion and a second. It opens it up to the public. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one at this time, the public hearing is closed, coming back to the Commission. Any further discussion on the item, on the emergency ordinance? It's -- it require two hearings [sic], correct? Ms. Thompson: It will be one reading and two votes. Chair Sanchez: Two. Okay, one reading, two votes. All right. Madam Clerk [sic], read the ordinance into the record. Ms. Bru: Mr. Chairman. The Ordinance was read by title into the public record by the City Attorney. Commissioner Gonzalez: Roll call. Chair Sanchez: Roll call. Ms. Thompson: Your first roll call. Commissioner Sarnoff? Chair Sanchez: Commissioner Sarnoff? Commissioner Sarnoff I was reading about the state of California right now, seeing how they have to cut $15 million from their budget. Chair Sanchez: A lot of cities are going to be doing that. City of Miami Page 40 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Commissioner Sarnoff. Yes. Ms. Thompson: Vice Chair Spence -Jones? Vice Chair Spence -Jones: Yes. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Thompson: Chair Sanchez? Chair Sanchez: Yes. Ms. Thompson: Your second vote. Commissioner Sarnoff? Commissioner Sarnoff. Yes. Ms. Thompson: Vice Chair Spence -Jones? Vice Chair Spence -Jones: Yes. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Thompson: Chair Sanchez? Chair Sanchez: Yes. Ms. Thompson: The ordinance has been passed as the emergency measure, 5/0. Chair Sanchez: All right. Mr. Suarez: Thank y'all very much. Chair Sanchez: Congratulations. END OF EMERGENCY ORDINANCES City of Miami Page 41 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 RE.1 08-00584 RESOLUTION Department of Public Works RESOLUTIONS A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO OBJECTION TO MIAMI-DADE COUNTY RESOLUTION NO. 363-08, ADOPTED APRIL 8, 2008, CODESIGNATING SOUTHWEST 35TH AVENUE FROM SOUTHWEST 4TH STREET TO SOUTHWEST 13TH STREET, MIAMI, FLORIDA, AS "OLGA Y TONY 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. 08-00584 Legislation.pdf 08-00584 Summary Form.pdf 08-00584 Memo.pdf 08-00584 Legislative Item.pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0440 Chair Sanchez: All right. Now let's take up RE.1, which is the resolution. All right. So just put something on the record and then we'll vote on it. Stephanie Grindell (Director, Public Works): RE.1 is a resolution declaring no objection on supporting County Resolution 363-08, designating Southwest 35th Avenue from Southwest 4th Street to Southwest 13th Avenue as Olga and Tony Avenue. Chair Sanchez: So would this also amend this resolution? The amendment? No? Ms. Grindell: What's the question? Chair Sanchez: Would this also amend this resolution? Commissioner Regalado: No. Chair Sanchez: No? Commissioner Sarnoff. Don't need to. Commissioner Regalado: It's fine. Although, I think -- is it 35 or 34th that the County --? Ms. Grindell: I have 35. Let me just double-check real quick. Chair Sanchez: I have here that it's going to be amended. I don't know. Maybe it is or maybe it's not. Ms. Grindell: What I have is 35 on their -- Chair Sanchez: You have 35? Ms. Grindell: -- legislative item as well. City of Miami Page 42 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Commissioner Regalado: 35 it is. Chair Sanchez: Okay. So there's no amendment to this. Commissioner Regalado: I'll move it. Chair Sanchez: All right. Commissioner Gonzalez: Second. Chair Sanchez: There's a motion by Commissioner Regalado, second by Commissioner Gonzalez. We are on RE.1, which is a resolution. It does not require a public hearing, so therefore, any discussion on the item? Hearing no discussion on the item, we are voting on RE.1. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Madam Clerk, it's been approved, 5/0. Priscilla A. Thompson (City Clerk): As presented. Chair Sanchez: As presented with no -- Ms. Thompson: Thank -- Chair Sanchez: -- modifications. Ms. Thompson: -- you. RE.2 08-00850 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Employee Relations ATTACHMENT(S), RATIFYING THE MEMORANDUM OF UNDERSTANDING, AMENDING ARTICLES 10 AND 43 OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA, AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, LOCAL 587, FOR OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2010, TO INCREASE THE MAXIMUM PARTICIPATION ALLOWABLE IN THE FORWARD DEFERRED RETIREMENT OPTION PROGRAM (DROP), FROM 48 MONTHS TO 54 MONTHS AND TO ADDRESS THE EFFECT ON PROMOTIONS ACCORDINGLY. 08-00850 Legislation.pdf 08-00850 Exhibit.pdf 08-00850 Summary Form.pdf THIS RESOLUTION MUST BE HEARD BEFORE THE COMPANION EMERGENCY ORDINANCE EM. 2. Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0459 City of Miami Page 43 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: What time do we have now? Vice Chair Spence -Jones: Got two minutes. Chair Sanchez: If we -- well, it's been properly advertised for that time, so let's see what else we could take up so we could make some room here. Commissioner Gonzalez: Have we done EM.2? Vice Chair Spence -Jones: We haven't done EM.2. Chair Sanchez: Okay. Yeah, let's take up EM.2. Priscilla A. Thompson (City Clerk): Sir, that one -- Pedro G. Hernandez (City Manager): Mr. Chairman, we have to do first RE.2 and then EM.2. Chair Sanchez: Oh. Mr. Hernandez: The resolution in this case comes first. Chair Sanchez: You're correct. That is correct. All right. Let's take up RE.2 -- Commissioner Gonzalez: I'll move RE.2. Chair Sanchez: -- which is a resolution. All right. There is a motion on RE.2. Commissioner Regalado: Second. Chair Sanchez: Is there a second? Commissioner Regalado: Second. Chair Sanchez: There is a second. All right. It's a resolution. No -- there is no public hearing on this resolution. Discussion on the item? Commissioner Sarnoff. Discussion. Chair Sanchez: Discussion. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff. Mr. City Manager, I want to know what the fiscal impact is to the City from the short-term basis and then from a long-term pension basis. Mr. Hernandez: Okay Commissioner, our Budget Department has done an analysis on the impact from the operation of the City, operational impact, and that is estimated for fiscal year '08-'09 as $102, 000, plus or minus, and that figure will decrease in the following years. The total amount for the next four years is approximated at $240, 000. With respect to the pension impact, there were information submitted by Mr. Stanley, who's the actuary for FIPO (Firefighters and Police), and we had two letters from him that appeared to have some discrepancies. We corresponded with him asking for clarification. So that aspect of it we haven't concluded. And that's one of the reasons that what we're proposing is a short-term period of six months. We expect to have that clarified in the next couple of months. Commissioner Sarnoff. Does the union agree with those numbers? City of Miami Page 44 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Mr. Hernandez: I believe that -- you know, the union has met with our Budget director. They feel that the numbers should be lower. I know there's an impact. I know Mr. Suarez is here representing the union. Chair Sanchez: All right. Mr. Hernandez: There's an impact. The -- Chair Sanchez: Let me stop you here. The Vice Chair apparently has some issues she wants to address. I think she -- what is it that you're asking? Vice Chair Spence -Jones: I just -- I'm asking if we can just deal with this maybe later because there's -- I clearly have like a lot of questions. Chair Sanchez: So you want to table the item to -- Vice Chair Spence -Jones: Yeah. Can we just table it until later? Chair Sanchez: -- this afternoon? Vice Chair Spence -Jones: Yeah. Chair Sanchez: All right. Why don't we table this item until this afternoon. We'll get to it. All right, and that way -- so this item will be brought back this afternoon. All right. Let's go back to the public hearings. It is 10: 30. Commissioner Gonzalez: May I make a comment before --? Chair Sanchez: Yes. Commissioner Gonzalez: Let me tell you, being concerned about extending the DROP (Deferred Retirement Option Plans) is one thing, but believe that now at this time we need to be concerned about something bigger than extending the DROP, and it is the fact that we might lose our fire department to the County, okay. Commissioner Sarnoff. Oh, no. I -- Commissioner Gonzalez: The County is in that terrible mood, okay. Since they're not capable of providing the service that the City provides to their residents, they're trying to take advantage of our firefighters, okay, take them away from us so they can cover their loopholes and they can improve their services at the expense of our residents. And for the people that are watching, okay, these telecasts, people should know that our firefighters and our rescue department provide a three -minute response on every single call in this City ofMiami. If the Fire Department goes to the County, don't expect any improvements, okay? What you're going to see is a six to eight minimum -- eight minutes minimum for service calls. Vice Chair Spence -Jones: Longer than that. Commissioner Gonzalez: So people, you better be -- you know, better be on alert and better be after the news, and we need to fight this with every tool that we might have. Chair Sanchez: All right. Commissioner, wait, wait, wait. I -- we will listen to this item. I have asked Legal to prepare a resolution, which I'm bringing up as a pocket item, to address that issue. And we'll get that issue when that -- when the pocket items come up. City ofMiami Page 45 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Commissioner Gonzalez: All right. Chair Sanchez: Let's go ahead and try to make up ground here on this -- Vice Chair Spence -Jones: No problem, Mr. Chairman. I just do -- I do want to respond because I do know this is something that you're supporting. I clearly just -- you know, I was dealing with this issue 'til like 7 o'clock -- Commissioner Gonzalez: No, no, no, no, no. Vice Chair Spence -Jones: -- last night, andl really want to make sure that communicate properly the concerns (UNINTET,TIGIBT,F). Commissioner Gonzalez: No, I accept that. Chair Sanchez: We will address that issue later on, folks, believe me. Commissioner Gonzalez: But I wanted to take the opportunity to, you know, put this on the record -- Vice Chair Spence -Jones: No problem. Chair Sanchez: So the item has been tabled. Commissioner Gonzalez: -- because it's something that is happening. Chair Sanchez: We'll bring it back this afternoon. [Later..] Chair Sanchez: All right. Any -- let's go ahead and take RE.2. RE. 2 is -- Vice Chair Spence -Jones: RE.2. Chair Sanchez: -- the firefighters. We need to take RE.2 first, and then we need to take up the emergency ordinance. Commissioner Gonzalez: I'll move RE.2. Chair Sanchez: All right. Vice Chair Spence -Jones: Second. I just want the Administration to put on the record -- Chair Sanchez: Whoa, whoa, whoa. We have a motion for the record by Commissioner Gonzalez, second by Vice Chair Spence -Jones. The item -- first of all, you want to address the Commission first? Robert Suarez: Robert Suarez, Miami Association of Firefighters, 2980 Northwest South River Drive, Mr. Chairman and Commissioners. This is a modification to our collective bargaining agreement extending the DROP (Deferred Retirement Option Plans) option. Whereas, before we had discussed a three-year extension, we know that the Administration had some concerns, in particular, during budget con -- times about any impact to the budget; our members understood that, and we ratified it and it's presented to you now only a six-month extension to avoid losing any employees while we continue to look at this issue and look at the Administration's concerns at any potential costs, savings and costs. And before presenting any extension of the DROP City of Miami Page 46 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 beyond that anywhere near the three years that was initially discussed, we want to make sure that, especially in time of budget cuts, that we're not proposing something that would adversely impact the budget. Along with the six-month extension is a provision to make modifications to our promotional process. It's the exact same process we used in 2001 when we last extended our DROP. It assures that anyone that would have gotten promoted had these individuals gone ahead and retired, those same people will still get promoted. They'll get promoted later on. The City is not going to promote them when they don't need to, but we make sure that those names still get promoted later on for those vacancies; doesn't create a hindrance to people and then an impact where they have to reapply and restudy for these exams. That's always a concern to our members and it's a concern to us. We've made sure to take our time with that promotional impact to it. Chair Sanchez: All right. The item -- it's a resolution. There's no public hearing on this. There'll be an emergency ordinance, which there'll be public hearing; so at this time, any questions from the Commission? Commissioner Sarnoff. I do. Vice Chair Spence -Jones: Yes. I'm sorry. Commissioner Sarnoff. Go ahead. I'll yield. Vice Chair Spence -Jones: First of all, I want to -- Deputy Chief Kemp, the both of you guys, I want to thank you guys for taking out the time to make sure thatl had clarity on the issue because I had a concern with many of the women that were not getting promoted up and many of the African Americans that were not getting promoted up, but I thank the both of you guys for really making sure that had clarity that there is a system that's put in place that's fair and that that is being addressed, so that was the hold up for me because I know that there was definitely a Hispanic woman that had been in the system for a minute and had been waiting and waiting and waiting. So we have addressed that issue, andl thank you for that. Mr. Suarez: Right. And we appreciate the Administration's support in sitting down with us. On that particular issue, it was very important for us as it is for you, and even though it was exactly what we had done in 2001, no different, it obviously does add a little more complexity for Employee Relations, and we appreciate their support in assisting us with that. Vice Chair Spence -Jones: Thank you, guys, very much. Chair Sanchez: All right. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff. Yeah. I still need to know is this a cost -neutral issue to the citizen taxpayers for the City ofMiami? Mr. Suarez: Well, I -- the Administration identified what the cost would be to keep those employees on when otherwise we had expected them to retire. I know -- and we agreed to disagree and that's one of the issues we need to resolve between ourselves before we would ever come back with a full extension of the DROP; that's why this is sort of like a mini temporary extension. One of the, I guess, disagreements we have is the -- what the overtime impact is to our budget because of retirements, because our hiring recruitment and training process is not slow but it takes time. It usually can take up to a year to replace an individual, and because of the citizens' demands for service, we have to replace that with overtime. I understand the City finances difficulty in attributing exactly how much overtime and how to measure that, but what can tell you is I feel very comfortable that this will reduce overtime. We are right now at about five and a half million dollars in overtime for this year because we are not at -- we do not have the entire table of organization filled as we should. And to not keep units out of service, our fire City ofMiami Page 47 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 rescue units, when we're short staffing, because of retirements and individuals sick, we hire overtime to make sure that unit remains in service, and l feel confident that this will defer those costs. Obviously, the longer we extend the DROP, the longer it defers the overtime cost because the vacancy does not occur, but I understand that the Administration has difficulty in telling you exactly how much that's going to be and when it's going to happen. Overtime is something that fluctuates a lot, and it's not only impacted by retirement. So for the time being, we weren't able to come to an agreement on exactly how that would affect the impacts. So what they presented to you did not really reflect any of the savings that could come more, as they like to refer, to the deference of the overtime costs to the future, and we sort of for now agreed to disagree on that until we came back with a full -- Commissioner Sarnoff.. Correct me if I'm wrong. Overtime means time and a half under -- Mr. Suarez: Yes, correct. Commissioner Sarnoff.. -- the Fair Labor Standards Act, correct? Mr. Suarez: That's correct, yes. Commissioner Sarnoff.. And your contention is if you retain firefighters, then you don't have to pay, obviously, positions that you don't have -- in other words, you would then not have to have a person stay overtime and that would be a cost -savings to the City? Mr. Suarez: That's correct. What happens now is when an individual retires -- because we don't have a full table of organization; we've always been behind in hiring -- there is a certain amount of time anywhere be -- bare minimum of six months, more typically 12 months, where that position is vacant; and we're required to fill it with overtime. Obviously, overtime is more expensive than regular salary. So there comes a point where that balances out where it's okay to have vacancies and some overtime, but we're at much mover overtime now than we have been I don't know ifI can say ever. That might be for the Fire administration to say it, but we're at about five and a half million in overtime for this year because of --- just staffing over time. Commissioner Sarnoff. So it's -- Mr. Suarez: Keeping units in service. Commissioner Sarnoff. -- your contention that the City in its analysis this morning did not factor in the savings from the half Mr. Suarez: Right. I guess there's disagreement on whether that can be labeled as a savings or a -- deferring a cost to the future. Eventually, people have to retire; they can't work forever, and every time somebody retires, there's a cost incurred in the replacement process. Commissioner Sarnoff. Now, let me just say this: I mean, I support the firefighters. I was at the County. I don't want to see the City ofMiami Fire Department absorbed by the County, especially when there's been absolutely no economic analysis done. I think it's -- I almost want to be Commissioner Gonzalez now and suggest that this is almost a country that we don't even belong to because it's so blatantly unconstitutional to not allow us, the City ofMiami, under clause 5 of the Florida Constitution, to have our vote to see if we want to do away with (UNINTELLIGIBLE). Yet, somehow the County claims that doesn't apply to them. So I'm absolutely 100 percent behind you guys. Butl also want to say this very clearly to the firefighters, and please heed what I'm saying. This City is going to be between 35 million or $60 million behind the eight ball in less than three months, and I'll not allow anybody to tug on that side of the equation, not a dollar and not ten thousand and not a hundred thousand. If what you're telling me is the City's calculation is not a complete calculation, I'll take you at your word City ofMiami Page 48 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 for the first six months. If it turns out to be incorrect, you do not sit in the same place as the Police Department, andl don't mean from a less -important standpoint. What mean from that is we just cannot find officers to recruit from. There is a shortage of males -- I hate to say that because I know there should be more females -- but there's just a shortage of males across the country because we're at war. There just aren't enough 18- to 36-year-old males to fill police ranks and it's not just the City ofMiami; it's everywhere. You don't suffer from that same problem, so I'll take you at your word for today that this is a cost -neutral scenario to the City of Miami. IfI find out it is not, I'll still support you guys, but I'll not let you pull on the other end of the equation. Mr. Suarez: We understand that, and that's why we were willing to compromise with this six month versus three years to allow the time to the -- Administration to be fair in their analysis and come back to you with that information. Chair Sanchez: That's fair. All right. Anyone -- Mr. City Manager. Pedro G. Hernandez (City Manager): I think need an opportunity to be able to rebut. On the argument that Robert Suarez is making on the overtime, it may lower the cost that I provided this morning, but it will definitely not wipe it out. However, having said that, still it's an amount that you may consider to be, you know, moderate or not really significant because what I did mention this morning was $102,000 of impact in fiscal year '08/'09 as a result of the operations, an operational impact; and cumulative over four years is like 240, 000. If we're off it may be less, but still there's an impact; however, it may not be of sufficient significance not to move forward with the item that you have before you. On the pension side there were two opinions rendered by Stanley, and they do differ one from the other. We're getting some clarification on that. I'm not as concerned there as I'm with making sure that you do understand that from my perspective, there is a -- there's a signif -- there is an impact on the operational side; may not be significant, but still, it's there. Having said all that, we have a good working relationship with the fire union, with Robert Nelson, and support the action that is proposed to extend the DROP for the six months. Chair Sanchez: All right. Commissioner Sarnoff You're supporting it? Mr. Hernandez: Yes, I'm supporting it. I'm supporting it because from the impact, even from my perspective on the operating side, it's moderate; and if I'm off it's -- Commissioner Sarnoff Will we know -- Mr. Hernandez: -- maybe better. Commissioner Sarnoff -- if we're off -- I apologize, but will we know if we're off prior to the ordinance coming before us? Chair Sanchez: No. The ordinance is coming next. Mr. Hernandez: No. You have the ordinance today. Chair Sanchez: Next. Mr. Hernandez: But one -- once insurance [sic] that you have, Commissioner, the insurance that you have is it's a short-term extension, and that's why I would support it because it's only six months. City ofMiami Page 49 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: All right. There's a motion and a second. This is a resolution, followed by an emergency ordinance. Julie O. Bru (City Attorney): Mr. Chairman -- Chair Sanchez: Yes. Ms. Bru: -- can I just make sure that we are clear on this? Maybe I'm the only one that's a little confused, butt just want to make sure that Commissioner Sarnoff -- because I hear him talking about six months. This is a binding agreement between the Union and the City that will now change the terms of the contract permanently. This is not coming back in six months. The DROP period is being extended by an additional six months, but this will be in effect now permanently once this memorandum of understanding is approved by you, so -- Commissioner Sarnoff. Does the means and manner -- does the Union have some ability to be flexible in the way they DROP so it could become cost -neutral? Do you understand my question? Mr. Suarez: Well, the DROP only has an impact from a behavioral aspect, as it pertains to the pension for the most part, as a behavioral aspect, and that was the opinion that the Manager was referring to -- it was our actuaries -- in his more recent opinion that there wasn't any reason to believe that behavior of how much service to provide to the City would change because the DROP is longer. From the overtime perspective and the salary perspectives, there's less movement in there that's affected by behavior. Those are, for the most part, fixed numbers and there's not a lot of -- Commissioner Sarnoff. My question is a little different. I mean, whoever is doing the overtime, obviously, if it's a higher paid employee, that time and a half is more expensive. Is there a way that you could manipulate it so it's not the higher -paid employee doing the one and a half time but the lower -paid employee doing the time and a half? Unidentified Speaker: No. Mr. Suarez: Well, our work is by rank. Chair Sanchez: Cannot do it. Mr. Suarez: We have firefighters rank, fire lieutenants -- Commissioner Gonzalez: Their ranks. Mr. Suarez: -- fire captains, chieffire officers. Within the ranks the range is not that great from the beginning to the end; from the lowest rank to the highest rank, it is, but we can't have a firefighter working as a chieffire officer. So there's limits on how we can do that. Commissioner Sarnoff. Maybe I'm not understanding correctly, but I thought some of the fire watches, that's where you get a lot of your overtime. Am I correct? Mr. Suarez: No. The majority of our overtime is in staffing emergency response units in the field. That is the great majority of our overtime, keeping units in service in the community. Our off -duty work, as some refer to it, is a very small portion of our overtime. Mr. Hernandez: Commissioner, if I may. In talking to Deputy Chief Kemp, the -- one of the best ways to control the overtime is to keep them as close to their TO (Time of Occurrence) number as possible. We just had 51 firefighters graduate maybe a couple of months ago, and we're City of Miami Page 50 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 starting another class, so we'll be getting very close to that number, which, in essence, should keep the overtime at a lower level. Mr. Suarez: It's the recruitment process that's really been governing the overtime, the speed at which our service has grown. We're now at 90,000 alarms responses -- to actual responses a year. That number has grown dramatically -- Commissioner Gonzalez: I -- Mr. Suarez: -- over the -- Commissioner Gonzalez: -- do have a question: Isn't it a fact that you have never been allowed to fill all of your positions to be a stable --? Okay. What understand is that you're always running behind on hiring new firefighters. Is that correct? That's the reason of the overtime, because if you're fully staffed -- if your positions are fully staffed, then you can better plan your retirement with your DROP time, right? And you don't need so much overtime. Mr. Suarez: That's pretty close. I'll let the Administration answer. Deputy Chief Maurice Kemp: Maurice Kemp, deputy fire chief. Commissioner, what we do is we work with the budget department, and we actually have been able to hire in anticipation of attrition. Because of the DROP, we know when people must leave, so we start our processes actually before they leave because the process, it take a while. We've not been restricted in our hiring for several years, and by hiring in anticipation, we can keep overtime to a minimum. So we have -- as the Manager just stated, we graduated a class a couple of months ago of 50, 51 people; and we're in the process -- in fact, we did selections yesterday, the Fire chief did, to hire the next class of 30; so we're moving as fast as possible to keep up with attrition and that's how we keep overtime down. Chair Sanchez: All right. Any further discussion? If not -- Commissioner Gonzalez: No. Chair Sanchez: -- ready to vote? Commissioner Gonzalez: I'm ready. Chair Sanchez: All right. This is a resolution and then we go to the emergency ordinance. The resolution, there was a -- motion was made by Commissioner Gonzalez, second by Vice Chair Spence -Jones. We've discussed the item. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " The resolution has been approved, 5/0. RE.3 08-00801 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE SERVICES AGREEMENT WITH THOMSON ELITE, A DIVISION OF WEST PUBLISHING CORP., D/B/A PROLAW, APPROVED PURSUANT TO RESOLUTION NO. 05-0343, ADOPTED MAY 26, 2005, FOR THE CONTINUED USE OF A MATTER MANAGEMENT SOFTWARE PROGRAM, INCLUDING THE LICENSE, SERVICE AND MAINTENANCE, FOR THE City of Miami Page 51 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 OFFICE OF THE CITY ATTORNEY. 08-00801 Legislation.pdf 08-00801 Exhibit.pdf 08-00801 Exhibit 2.pdf 08-00801 Summary Form.pdf 08-00801 Pre Legislation.pdf 08-00801 Pre Summary Form.pdf 08-00801 Proposal.pdf 08-00801 Agreement.pdf 08-00801 Proposal Section 3.pdf 08-00801 Proposal Section 4.pdf 08-00801 Attachment B.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0450 Chair Sanchez: Let's go back and take RE.3. RE. 3. Commissioner Gonzalez: I'll move that. Commissioner Sarnoff. Second. Chair Sanchez: RE.3. Hold on. Okay, RE.3 is a resolution. Somebody needs to put something into the record on that item. Julie O. Bru (City Attorney): Okay. This item was handled by Procurement, but it's a product that we use in the Office of the City Attorney. So this is simply to extend the contract that we have with Thomson Elite. Thomson Elite, of West Publishing Corporation, provides our matter -- management software and licenses. It's about $10, 000 a year. This was a piggyback on a California state contract and we're extending it for two additional years. Chair Sanchez: All right. So basically you're amending the 205 [sic] contract, right? Ms. Bru: This was a contract entered into in 2005 and we're extending it to 2010. Chair Sanchez: To continue to provide that ProLaw software -- Ms. Bru: Yes, correct. Chair Sanchez: -- for your office. Okay. Commissioner Sarnoff. This is your time billing, right? Ms. Bru: Excuse me? Commissioner Sarnoff. Your time billing program? Ms. Bru: No, no. It's the document management, document assembly, it's everything. It has a time billing component, but primarily it's the document management. Chair Sanchez: Okay. I believe there's a motion and a second. There's been discussion. Any City of Miami Page 52 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 RE.4 08-00802 District 2- Commissioner Marc David Sarnoff further questions from the dais? Hearing no further questions, it's a resolution not requiring any public hearing. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Was that -- was there a nay? No? Commissioner Regalado: Yes, yes. Chair Sanchez: You voted no. Commissioner Regalado: No, yes. Chair Sanchez: Okay, 5/0, Madam Clerk. That takes care of R -- RE.4 will be taken up after lunch. RE.5 will be taken up after lunch. RE.11 will be taken up after lunch. RE.12 will be taken up after lunch. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, ESTABLISHING A SPECIAL ASSESSMENT DISTRICT AREA TO BE KNOWN AS THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT ("BID") AND AUTHORIZING THE LEVY AND COLLECTION OF A SPECIAL ASSESSMENT FOR A PERIOD OF TEN (10) YEARS SUBJECT TO THE APPROVAL OF A MAJORITY OF AFFECTED PROPERTY OWNERS; PROVIDING FOR NATURE AND ESTIMATE OF BENEFITS TO BE PROVIDED; PROVIDING DETAILS OF ASSESSMENT PROCEDURES, PAYMENTS, AND STATUTORY LIENS; PROVIDING FOR PUBLICATION OF LEGAL NOTICE; AUTHORIZING AND DIRECTING THE CITY MANAGER, THE CITY CLERK, THE FINANCE DIRECTOR, THE EXECUTIVE DIRECTOR OF THE MIAMI PARKING AUTHORITY, THE EXECUTIVE DIRECTOR OF THE BIC, AND ALL OTHER NECESSARY CITY OFFICIALS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO UNDERTAKE ALL NECESSARY ACTIONS AND PROCEDURES TO ACCOMPLISH THE PURPOSE SET FORTH IN THIS RESOLUTION IN ACCORDANCE WITH CHAPTER 170 FLORIDA STATUTES. 08-00802 Legislation.pdf 08-00802 Exhibit.pdf 08-00802 Exhibit 2.pdf 08-00802 Exhibit 3.pdf 08-00802 Exhibit 4.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0455 Chair Sanchez: All right. Good afternoon, ladies and gentlemen. The City ofMiami Commission meeting is back in order. Hope you enjoyed your lunch. We've been advised that Commissioner Gonzalez is going to be running a little late, but he should be here shortly. So let's go ahead and take up the first item -- there were four items that we wanted to bring up in the afternoon. We're going to bring up -- the first one is going to be RE.4, which is the Coconut City ofMiami Page 53 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Grove Business Improvement Taxing, so let's go ahead and take up that item. [Later...] Chair Sanchez: Let's take up the BID (Business Improvement District). Let's take up RE. 4. RE.4, it does not require a public hearing. What I'll do on these items, since we do have voluminous agenda, is we'll have the presentation and then afterwards, the Commissioners could either ask questions to the Administration or anyone in the public that they wish, in that way we could expedite this. Commissioner Sarnoff. Let me, ifI could, Mr. Chair, maybe do some expediting for us. This is the ability of a business improvement committee to become a business improvement district. This is a resolution that will allow us in Coconut Grove to do so. Andl would hope many other similarly like-minded people in the City ofMiami will also form BIDs as they want to enhance their neighborhoods above and beyond the ability that the City ofMiami is able to establish as what we commonly refer to as baseline services. This will allow the Grove to formulate its own self -governance and to supply services far in excess and above of what the City ofMiami is able to do. To this City Manager's credit -- and think he should almost take a bow and think we should almost give him a standing ovation -- he has agreed to maintain the baseline services at the Grove so they understand what their level is. And it's now up to the Business Improvement Committee to sell to the various owners, establishments, businesses, a business improvement district that will require the vote of fifty plus one percent of all the various owners. It will put, for the first time in the City ofMiami, self -governance of that particular entity. They will make decisions on their future. They will decide if and when they need more policing. They will decide if and when they get more lighting. They will decide things far and above what the City of Miami can provide. That is the Reader's Digest version of what a business improvement district does. There are others in the City that are looking very closely at what goes on today and with the Grove vote as well, such as the MiMo (Miami Modern) District, and there are many other districts in all of our neighborhoods that can benefit from a business improvement district. So with that, I would implore upon this City Commission -- it's better known to most of us under Chapter 170 as a self -taxing district. We're putting a great many remedies and a great many ordinance together after this particular vote and after a successful business improvement district vote from the various owners that will allow them to have their own self -governance and allow them to become what will hopefully be the preeminent district in the City ofMiami, which will then be followed suit by a number of other districts that will really lift the City ofMiami far and above what local government can do, especially based upon the handcuffs that Tallahassee has put on us. So with that said, if David Collins or if Art Noriega wanted to come up here and say something far and above what I've said or answer any questions -- this is a committee that I've had the honor of chairing since I was elected in November 2006, and it's time for them to become a business improvement district. Chair Sanchez: Mr. Collins, always a pleasure. David Collins: Mr. Chairman, David Collins, 3230 Gifford Lane, executive director of the Coconut Grove BIC (Business Improvement Committee). We're honored by your consideration and encourage your support. I simply wanted to say that we have seven of the twelve members of the BIC here today to make comments, if you should care to hear them. They're perfectly happy going back to their businesses. If you have any questions, I'm here to answer them. Chair Sanchez: All right. Any further question? If not, I believe there's a motion. There is a motion. It is not a public hearing. I'm not going to open up to the public with all these items. Now, if the Commissioner may want to ask someone a question, I would allow that. But ifI opened it up to the public -- which it's not; it's a resolution. So Commissioner, do you want anyone else to speak on this item? City ofMiami Page 54 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Commissioner Sarnoff. I'm fine, unless the other Commissioners want -- they have questions. Chair Sanchez: Okay. Well, let's get a motion and a second on the item. The motion has been -- Commissioner Sarnoff. So moved. Chair Sanchez: -- made by Commissioner Sarnoff. Is there a second? Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. The item is under discussion. Vice Chair Spence -Jones, you're recognized for the record. Vice Chair Spence -Jones: Yes. My only concern -- andl guess it was somewhat addressed -- is the small businesses in the west Grove. Even though I understand that the benefits, you know, are more police, being able to market the area and really help the area, it's definitely going to help the Grove altogether. I had just concerns around that. Andl think it's important also for those that are watching and sitting in the audience that do not really understand what a BID is, I think it's important for us to understand, or those folks watching to understand, you know, how it's going to operate and who's going to handle making sure, you know, that's done properly. I'm assuming -- Art. Art Noriega: Do you want me to talk on it? Vice Chair Spence -Jones: Yeah. Chair Sanchez: All right. Vice Chair Spence -Jones: Just so the public is very much aware -- Chair Sanchez: Commissioner, do you have a question for Art Noriega? Vice Chair Spence -Jones: Yes. Could you just explain how it's going to be operated? All the funds that are collected, are they going to actually run through your shop? Mr. Noriega: No, no. Vice Chair Spence -Jones: Okay. Mr. Noriega: Art Noriega, executive director ofMiami Parking Authority. The process by which the BIC then becomes the BID -- Vice Chair Spence -Jones: Yeah. Mr. Noriega: -- is the BID will govern itself. It will actually form itself as an entity. The BIC currently is an advisory committee -- Vice Chair Spence -Jones: Right. Mr. Noriega: -- so it has really no authority other than to advise the City Commission how to spend the existing funding streams that come into it. The BID will therefore have a governing body, will have a professional staff similar to the way the DDA, Bayfront Park Trust is run, and then it will operate on an annual budget, which will obviously be subject to City Commission approval. And so it will operate based on a business plan, part of which has been presented as part of this package. That plan could be modified on an annual basis, depending on the needs, City ofMiami Page 55 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 whether they be for more marketing, more infrastructure improvements, maybe a higher level of security based on marketing conditions as they sort of progress over a four-, five-, six year period. But it will be managed by professional staff. MPA (Miami Parking Authority) will sort of step out a bit. I think early on we'll probably still contract with the BID just to handle the financial aspect of it, collect money and that -- but eventually, it ought to be an autonomous -- Vice Chair Spence -Jones: Okay. Mr. Noriega: -- organization. Vice Chair Spence -Jones: And then, Art, have -- do you know whether or not there's been any type of study or at least do you have a sense of what is estimated to -- the dollars that are estimated to be created from -- or David, do you have a sense of that? Just -- Mr. Noriega: Yeah. Vice Chair Spence -Jones: -- either one of you. Mr. Noriega: David, you probably give the detail on terms of the funding streams 'cause the budget is actually -- Vice Chair Spence -Jones: Do you have an estimated amount that it's going to -- Mr. Noriega: -- included. Vice Chair Spence -Jones: -- generate, David, as of yet, to be able to help with those services that you're speaking of? Mr. Collins: The total that's going to be assessed is just under five -- Vice Chair Spence -Jones: State your name for the record. Mr. Collins: David Collins. Thank you. The total is going to be assessed from the property owners. It's 5 -- just under 500, 000. The working principle is that a property owner expects to benefit more than they put into the project, so that they -- property owners, like Mayfair and Cocowalk, view this as an investment in the future. Vice Chair Spence -Jones: Okay, and then two more questions then I'm done with it, David. As the district Commissioner has mentioned, I definitely do believe that -- at least I know in a couple of my areas we're looking at doing BIDs because I do believe that in order to really help those areas grow and prosper, you really need to have something or an engine to make those things happen. So I totally don't disagree with what you guys are doing. And hopefully, we can, you know, follow your example of things that we need to do. Hopefully, we can learn from what you're doing. I just want to make sure that the folks that are in the west Grove -- 'cause, you know, I know that that's probably their concern -- and David, if you can just put it on the record for those that are watching so they understand how they will not be affected by this in the first round. Mr. Collins: Certainly. The geographic parameters, which are displayed on the map here, govern very specifically where the assessments come from and where the benefits go back to. In the future, it's very likely that the west Grove might want to consider a BID of their own -- Vice Chair Spence -Jones: Okay. Mr. Collins: -- and at that point, I'd love to be of assistance to them. City of Miami Page 56 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Mr. Noriega: And ifI can add, there's always been the assumption that whatever benefit remunerates to the specific boundaries of the Grove, as the Grove becomes even much more successful, there's a -- there's sort of a outlying impact on the west Grove in terms of a benefit 'cause those businesses will invariably benefit from the success of the center Grove as well. Vice Chair Spence -Jones: Okay, and then I'm going to close out on my last two questions. 'Cause I don't know that much about -- David -- your BIC at this point. But I do want to just have an understanding as to whether or not the group itself is very diversified Does it represent the whole Grove? I mean, you have -- you -- I don't know -- you mentioned some of the board members are here. Do you -- Mr. Collins: Right. Vice Chair Spence -Jones: -- have any African American representation on that? Mr. Collins: At the moment there are no African Americans on the board. There have been in the past. I don't think that those kinds of considerations have, in any way, blocked the inclusiveness of the board itself. Vice Chair Spence -Jones: Okay. Mr. Collins: I'm very sensitized to that as an issue. Vice Chair Spence -Jones: Okay. I just -- I would just want -- would really just would want to -- I mean, we're talking about a one Grove as has been stated over and over in the chambers. I think that it's extremely important that if we're talking about really doing that, we make sure that the board itself reflects the folks that live there. So I don't know if there's -- as you move towards a BID, I would like to make the recommendation that, you know, it is a true reflection of all of the people that live in the Grove, because I think that's extremely important if you're talking about building the one Grove. And then in closing, and I'm done with it, David, 'cause I support it -- Mr. Collins: Thank you. Vice Chair Spence -Jones: -- so I just want to see that in supporting it that there is -- I'm sure you'll be coming back in front of us again, andl would like to hear at least from my chairman -- you would be the chairman, correct? Are you the chairman? Mr. Collins: I'm the executive director. Vice Chair Spence -Jones: Okay. You're the executive director. Mr. Collins: Commissioner Sarnoff is the chair. Vice Chair Spence -Jones: Oh, from the chairman that there are going to be things that are going to be done to at least try to include that participation. But this go around, you're saying to me that the west Grove will not be included in the first part of the BID. Mr. Collins: That's correct, yes. Vice Chair Spence -Jones: Okay. So that means if it's not included, then that means they receive no benefits from the BID at this point, meaning they get none of the security or the marketing to help them support their small businesses in the area either? Is -- ? City of Miami Page 57 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Mr. Collins: Nor do they have to pay in. Vice Chair Spence -Jones: Okay. Mr. Collins: So it has to balance out. You pay in and then you get the benefit back. Vice Chair Spence -Jones: Okay. So you'll work along with those small businesses in the area -- Mr. Collins: I'm absolutely -- Vice Chair Spence -Jones: -- to try to get them to the point -- Mr. Collins: -- sensitized. Vice Chair Spence -Jones: -- that they can participate. All right. Mr. Collins: Thank you, Commissioner. Vice Chair Spence -Jones: And that's my only question, David. Chair Sanchez: Commissioner Regalado. Commissioner Regalado: David, I just have some questions. Number one, I really think it's not a good idea; it's a great idea because now governments are torn between the economic situation of the people wanting more tax relief. And of course, less is coming and will be coming to the governments, so there is no way that governments can do whatever the people need it to do. So I think it's a great idea that you all took the step that you had to take and decided to do your part. All of the board members are business owner, property owners in the area, right? Mr. Collins: That's correct. Commissioner Regalado: Okay. I'm sure that the expectations are huge, right? Mr. Collins: They are huge. Commissioner Regalado: Because -- and businesspeople tend to get very stressful when they want results. They do that in their business. What is the primary goal that we can see? I read your plan -- Mr. Collins: Thank you. Commissioner Regalado: -- the marketing, the advertising, the -- you know, the -- all the -- even the Mad Hatter, right? Mr. Collins: Right. Commissioner Regalado: Yeah, it's there. Mr. Collins: Indeed. Commissioner Regalado: But what is the first thing that they and we can see so we can say, now, we can go to Coconut Grove? Mr. Collins: I've asked our consultant of a year and a half, Dan Biederman of New York City, what he felt would be the first result. And not the most important, but the first result you'll see City of Miami Page 58 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 will be dramatically less litter on the streets and curbs of Coconut Grove. Almost immediately you'll see that, especially on the weekends when the City doesn't clean up so much. Importantly, the marketing and the security are very important to the comfort of feet on the street in Coconut Grove so that people want to feel safe here. And while our -- while we are, I understand, the safest commercial area in Miami, we'd like you to feel just a little bit safer. Commissioner Regalado: But it doesn't matter. It's about perception. Mr. Collins: Exactly, and that's what our report addresses in the combination of both off -duty officers and private security. We plan to have them on the street walking around, talking to people immediately. Commissioner Regalado: And you also have budget for Christmas decoration. I remember when we were in that committee that -- Mr. Collins: Absolutely, sir. Commissioner Regalado: -- we struggled with Christmas decorations. Mr. Collins: And we're working on the lights. Commissioner Regalado: Okay. Mr. Collins: So thank you for your part in our history, as well, Commissioner. Commissioner Regalado: Well, thank you. Chair Sanchez: Angel -- Commissioner Gonzalez? Commissioner Regalado: And -- Chair Sanchez: All right. On the issue itself -- Look, you want to come up and say a word? Two minutes. I just don't want to deny you the opportunity 'cause you're back there giving me bad looks and -- but very briefly -- Stuart Sorg: Very briefly. Chair Sanchez: -- 'cause this is not a public hearing. Mr. Sorg: I'm interested in what's happening. I was president of this chamber four times in the times that -- My name is Stuart Sorg. I'm from Coconut Grove. I have a big building on Bird Avenue. I spent most of my time being president of the Chamber of Commerce in the west Grove, and we built it and it grew. Where are the people that are going up there helping it now? I mean, that's the whole idea. We ought to have Bird Avenue, the west Grove and the center Grove. It ought to be part of this whole deal. Chair Sanchez: Okay. Mr. Sorg: That's all -- Chair Sanchez: All right, thank you. Priscilla A. Thompson (City Clerk): I'm sorry, Chair. I need a name for the -- Chair Sanchez: No, no, no, no, no, no. Sir, it's not a public hearing. I'm not going to allow it -- City of Miami Page 59 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 this to get out of order. Madam Clerk? Ms. Thompson: I'm sorry, Chair. The person who spoke did not put his name on the record. Vice Chair Spence -Jones: Yes, he did. Chair Sanchez: Yeah, he did. He did put his name. Vice Chair Spence -Jones: He put his name. Chair Sanchez: Stuart. Vice Chair Spence -Jones: Stuart -- Commissioner Sarnoff. Stuart Sorg. Ms. Thompson: Thank you. Chair Sanchez: Look, on -- Commissioner Sarnoff. S-O-R-G. Chair Sanchez: -- the issue itself we have a motion and a second. I think this is way overdue. We have a great opportunity -- Coconut Grove is really truly one of our city's jewels. Going back for many, many years, Coconut Grove is an area that people came to visit and people still come to visit. You spoke about your consultant in New York, all you have to do is just look at Manhattan that has close to about a hundred of these BICs. They work. They work if you apply the right technology, the right resources to make this area much better. It's not about the banners and it's not about, you know, the things that you have -- you have limited resources right now to accomplish what you want to accomplish. I go up through that at the DDA. You know, people talk about the DDA. We only get $4 million. They think we could conquer the world with $4 million. Well, let me tell you, you don't. But here, you have a perfect opportunity to take this additional money that's coming in and improve the infrastructure, improve the quality of life for those that work, live and play there. So overall, I think this is -- it's a good idea. The process starts today. This is not automatically done. Once we pass this, they don't have it done. The process goes out, the notice and the ballots go out. It's not an easy process as people think, so that's why I think it's -- with the time that you've taken to do this -- and I know that you've been working very diligently out there with the businesses to get this approved -- I wish you the best. Because at the end of the day, I think that not only do you come out victorious, but I think we would all be very proud to see the quality of changes that are coming to Coconut Grove. And it breaks my heart when I go to Coconut Grove now andl see how many businesses are turning over. There are a lot of empty businesses in Coconut Grove. The economy is bad. And it's happening through all -- throughout the City, but when it happens in Coconut Grove is when you really start, you know, wondering how bad are things going to get. So this is just a step in the right direction -- Vice Chair Spence -Jones: Mr. Chairman. Chair Sanchez: -- to bring economic vitality to that area in the Grove. Vice Chair Spence -Jones: Mr. Chairman -- Chair Sanchez: Yes. Vice Chair Spence -Jones: -- I do want to just make a comment just -- before we close out on the City of Miami Page 60 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 issue. I'm assuming, Mr. Collins, that the majority of the businesses, at least in the area that we've targeted or you've targeted or the group has targeted, is in agreement with the BID happening, correct? Just put it on the record so I just want to be clear. Chair Sanchez: There's got to be a vote. Commissioner Sarnoff. You don't know yet. There's no way you can know that. Vice Chair Spence -Jones: Oh, okay. Chair Sanchez: There's a vote. Vice Chair Spence -Jones: So -- only reason I'm asking that question is because then you had Mr. Strong, was it, that stood up and -- Commissioner Sarnoff. Sorg. Vice Chair Spence -Jones: Sort. Commissioner Sarnoff. Sorg, S-O-R-G. Vice Chair Spence -Jones: Okay. Sorg, that stood up and said -- because you didn't include the west Grove in the be -- in it -- in the first portion of it, right? Mr. Collins: That's correct, yes. Vice Chair Spence -Jones: Right. And I'm assuming know why you didn't include it. It's because of -- well, let me not assume. The reason you didn't include the west Grove was? Mr. Collins: Traditionally, the BIC has been focused on the commercial core. And a BID really has to focus on a very specific area, and we picked an area that made sense as -- in terms of shared goals. I think the Village West will have different shared goals as Bird Road would have different goals. Vice Chair Spence -Jones: Okay, then my question becomes: Did we ask this question of the folks in the west Grove? Mr. Collins: Absolutely. Conversations were held. Vice Chair Spence -Jones: Okay, and they were not interested? Mr. Collins: They understood that they would have to convince a lot of property owners to bring forward money. In other words, when I leave -- ifI am lucky enough to have this resolution passed today, we have 254 folios owned by 105 owners and we have to go out and determine who their voting people are and then we have to conduct a campaign and individual conversations with hundreds of hours of time devoted to conversations about -- because this is money and they need to know what they're going to get back for it. Vice Chair Spence -Jones: Okay. Mr. Collins: So it's that kind of a process Vice Chair Spence -Jones: Okay. And only reason why I'm saying -- I'm asking for you to explain -- because sometimes people get confused about how the process works. City of Miami Page 61 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Mr. Collins: Absolutely. Vice Chair Spence -Jones: You know, people think we vote on it right now and it's over. Chair Sanchez: No. Vice Chair Spence -Jones: So I think it's extremely important for you to say, okay, even though today we're voting on the item, and if the item passes and gets supported, you still have like two or three other major hurdles that have to happen, correct? Mr. Collins: Yes, ma'am. Vice Chair Spence -Jones: Okay. So, you know, I think it's important for even the west Grove folks that are looking at this, they still have the option to work along with you. Is that a correct statement? Mr. Collins: They have the option to consult with us and to form their own BID. Vice Chair Spence -Jones: Okay. Mr. Collins: It would be absolutely correct. Vice Chair Spence -Jones: All right. Chair Sanchez: All right, any further discussion on the item? If not, it's a resolution. It's got a motion and a second. We've had discussion on the item. We are voting on RE.4. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Congratulations. It passes, 5/0. Good luck. Mr. Collins: Thank you, Commissioners -- Chair Sanchez: Wish you the best. Mr. Collins: -- very much. RE.5 08-00803 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENT(S), ACCEPTING AND APPROVING IN PRINCIPLE, THE COCONUT GROVE WATERFRONT AND SPOIL ISLANDS MASTER PLAN, AS PREPARED BY SASAKI ASSOCIATES, INC., ATTACHED AND INCORPORATED, AS A GUIDING TOOL FOR THE FUTURE DEVELOPMENT OF THE COCONUT GROVE WATERFRONT, CREATING AN IMAGE AND CHARACTER FOR THE DEFINED WATERFRONT AREAS, PUBLIC OPEN SPACES, AND THE CONTINUED VITALITY OF COCONUT GROVE. City of Miami Page 62 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 08-00803 Legislation.pdf 08-00803 Exhibit .pdf 08-00803 Exhibit 2.pdf 08-00803 Exhibit 3.pdf 08-00803 Exhibit 4.pdf 08-00803 Exhibit 5.pdf 08-00803 Summary Form.pdf 08-00803-Submittal-PowerPoint Presentation -Sasaki. 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-08-0456 Chair Sanchez: Okay, let's take up -- the reason why we put these items after lunch was most of them are from the Grove, except one, which is a PZ (Planning & Zoning) item, which we're going to have to take up later, but at least we could get some of the folks that are here back home as quickly as possible, that way you're not here for five or six hours. So let's go ahead and take up the Coconut Grove waterfront master plan, the Sasaki plan. Enrique Nunez: Good afternoon, Mr. Chairman and members of the City Commission. My name is Enrique Nunez. I am the chief of urban design with the City ofMiami Planning Department. As you know, the Planning Department is responsible for managing and monitoring the work of consultants working on the City's master plans. We are here to present the Coconut Grove waterfront master plan and to seek your acceptance and approval of the master plan in principle. The design team is headed by Sasaki Associates, with ERA, Curtis and Rogers Design Studio, Consultech, and Paul George as team members. The Coconut Grove waterfront master plan is recognized as one of the most comprehensive and collaborative planning studies in the City's history. Last year Sasaki Associates and their team were honored with the Urban Environment League's prestigious Orchid Award for this master plan. The master plan was approved by the Planning Advisory Board on July 23, 2007, with conditions that have been met; and by the Waterfront Advisory Board on July 8, 2008. In addition, the Cocoanut Grove Village Council unanimously approved the master plan on July 17, 2008. With no further delay, it is my pleasure to introduce Mr. Mark Dawson, principal of Sasaki Associates. Chair Sanchez: All right. Sir, welcome to Miami. Hope you're having a good time here. Hope you're leaving a lot of money behind. Mark Dawson: All of the above is yes. Chair Sanchez: I hope you stayed at one of our hotels. Mr. Dawson: I did indeed. Thank you. In the Grove, indeed. Chair Sanchez: Good. How much time are you going to need for your presentation? Mr. Dawson: Maybe 15 minutes. Chair Sanchez: All right. Mr. Dawson: I'll keep it -- Chair Sanchez: You're recognized for the record. City ofMiami Page 63 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Mr. Dawson: -- I'll try to keep it brief. Mr. Chairman and Commissioners, thank you for this time. It's been a long process. It's been three years of planning and I would say two and a half years of that have been having dialogue with the community stakeholders, the City regulatory agencies, and the likes. And the results are, I think, in andl think they're quite positive. Just as a matter of reference, I'm going to talk in detail from the south of the project area to the north. But you just get an idea of its geographical area and how large that area is. Things that I'm not going to talk in detail about are the outer anchorage, which we've been part and parcel to this plan and are working well. The idea of a potential breakwater to protect investment in Dinner Key and basically give you the orientation from Peacock Park to Kennedy, that's really the study area. I think what's important is, you know, the principles of this plan really resolves [sic] around those four kind of circles. They get messy in the overlap, but it took all those ingredients to come to where we are today. And it was a lot of hand wringing. But it was about sort of making a strong connection. It's great to see Dave Collins here for the BID now because it's about strengthening those connections to center Grove. We've always felt part of the -- one strong principle was about the concentration of waterfront use. And sort of you know, really sort of taking underutilized areas of the waterfront and transforming them into a productive opportunity, also balancing nonboating communities with the boating community, and then really sort of leverage the identity around a world -class sailing center. Quickly, over the past three years, this is sort of a summary of all the meetings that took place. They're countless and they're ongoing. I think the objectives, again, through the RFP (Request for Proposals) and through our response and public process was about greening the waterfront. The waterfront is not only for boaters but it's for a nonboating community, it's about really strengthening the center Grove around a safe and clean waterfront; it's enhancing connections, capitalizing on views and, you know, identifying and lengthening the bay walk. Now I'll start in Peacock Park in some detail. The idea is to really leave Peacock Park intact; it's really to improve the opportunities for small performance. Perhaps, take the glass house and convert that into a small cafe of some kind, but basically keep those activities programmed and identified in the park with some minor modifications. Oh, I'm sorry. It also -- as part of the plan, we've proposed closing off the parking area at the end ofMcFarlane and turning that into, again, a sort of pedestrian promenade, and here is the view looking down the end of McFarlane at the waterfront. As we move north ofMcFarlane, you can see that the Coconut Grove Sailing Club is no longer in its location in the proposed master plan. It is relocated. The idea of really turning the park into a publicly -accessible waterfront and park open space was a long discussion we've had with many stakeholders. We're introducing an ecological garden. Some of these interventions will require -- and we've met with DERM (Department of Environmental Resources Management) to discuss mangrove windowing and pruning and if mitigation necessary, but the point is to provide pedestrian access. We've also recommended in the plan to remove the boat ramp as it exists today because of its inefficiencies and the conflict over the weekends, and then extend Mary Street to a Mary Street pier, also, again, connecting to the center Grove, and here's a view looking at the Mary Street pier. Continuing north, having removed the public boat ramp in the master plan, gave us an opportunity to really connect, you know, one of the real thoroughfares down to the waterfront onto 27th Avenue by extending that pier and reorganizing the dinghy dock tie -outs there. Again, it's really trying to get public presence on that waterfront; people who aren't necessarily boaters out and close and able to touch the water. And here is a quick view of what an interactive fountain kind of on that 27th Avenue access might look like. And then we're moving further north into kind of the heart of the park. We've also proposed that the expo center be removed and demolished and that footprint become park open space, allows for, you know, informal performance given the consolidation of sailing activities, will allow for seasonal use by the sailing clubs for big regattas and basically give people an environment in which to picnic and enjoy. This is a view looking at Regatta Park. You know, sail drying is important, but families enjoying the open space also important. The sailing center in Dinner Key, what we're -- we've now worked with the US (United States) Olympic Sailing Center, Coconut Grove Sailing Club and have coalesced that into what we would refer at the moment to the Coconut Grove Sailing Center, and it's really a combined effort to capitalize the synergies City of Miami Page 64 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 between those two entities, and also, to really make this portion of the waterfront sailing dependent on sailboat bay. The idea is that we worked hard with each entity's program. We've reprogrammed the bulkhead so that it accommodates their needs. We've looked at building footprints, upland storage, temporary storage and also event conditions that meet the needs of the sailing clubs and have put them on the water front and center. Here's a view looking east. The sailing club -- the sailing center on the left of this image. The idea is that these buildings become wharf waterfront scale kinds of buildings that the small, little buildings that you see along the waterfront aren't necessarily scale appropriate. So it's important that the architectural design of these facilities is an expression of the waterfront scale and it also is important that it meets the programs of these clubs. Dinner Key Marina, the proposal is to leave it in its footprint. The dock master building will become a three -level facility, meeting, again, the program needs of the dock master. We've introduced a pool, which was a desire to really transform the dock master facility into a 21st century sort of facility that its customers can use. That pool will also be able to be accessed by the Sailing Center. And then accommodating and reprogramming parking. I think what's important is we've worked really closely with the Dinner Key Marina customer and also the Sailing Center's customers and have been able to accommodate their parking needs in what we hope to be a little more environmentallyfriendly parking lot that would have the ability to be permeable and be more like a parking garden than an asphalt lot. Moving north towards City Hall what we're calling the -- kind of the civic core of the project, would include a cultural community center that came out of the dialogue with stakeholders and community. It also indicates a parking garage that would be wrapped in marine -dependent retail and then improvements to City Hall. In our sense for this -- the cultural center, community center, architecture, again, is going to be very important to be airy, glass, appropriate kind of contemporary expression of architecture. And then, you know, ideas about how we would plant or design paving and landscaping on Pan American Drive. Again, looking at the parking structure, as you can see in the cross-section of the top of the drawing here, it's a three -level garage with that still lower than the Grove Key hangar building marina facility. And then the images below are some good images about how garages can be designed so they don't look like parking garages, andl think that's also an objective of the plan. And here's just a view looking down Pan American Drive back at City Hall. The public pier, we use a lot of names for the pier. It's near the Chart House. The idea for the plan to work -- and this came out of a -- again, lots of dialogue -- is the shrimpers would remain in the Grove. They need a home. The charter boats in the Grove also need a home, given the relocations of the sailing clubs. And that's really where this sort of -- that this commercial wharf activity really takes place is as -- in a redesigned aspect of the restaurant for the -- replacing the Chart House. That restaurant needs to be designed to relate to the water in a way that makes sense. And also, the pier acts as an active fishing pier. It's not pristine and it's not gentrified. It's a pier and it acts that way. And the shrimpers are important to the history of the Coconut Grove waterfront and also to the business. Quickly moving into overall circulation on the South Bayshore, we're looking at South Bayshore north ofAviation and then we'll look south ofAviation and then on McFarlane. The cross-section on top represents the existing condition of a 50-foot -- 55-foot curb -to -curb dimension. The cross-section below is the proposed, reducing that 55 feet where it's two lanes anyways and then extending the Commodore bike trail on the east side of South Bayshore, which will connect back into the Grove. South Bayshore, we tried desperately to change the profile of South Bayshore. In the end, it really came down to cost and also traffic concerns. The idea is that South Bayshore would be managed in the weekends where you could do parallel parking on the south side in the event that there was the demands to do that and there was a sense there would be. McFarlane, again, we looked through the planning study and had our traffic engineer, Consultech, help us determine that the top cross-section is existing, the bottom is that we could literally take one northbound lane out of McFarlane and it wouldn't affect at all the traffic movement, and we could then make a stronger, again, connection, a stronger connection on McFarlane, pedestrian connection to the riverfront -- to the waterfront in center Grove. And here's just a diagram of the Commodore bike trail with the major pedestrian connection. Phasing. We've had lots of discussions around phasing. Essentially, phase one, as it's presented here, includes the demolition of the expo center; it includes the building of the new pier at Grove City of Miami Page 65 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Key and the Chart House redesign and redevelopment of that restaurant; and also improvements on South Bayshore north of Aviation as we talked in the cross-section, and then also the building and improvements to -- the building of the parking garage and improvements to Pan American Drive. Phase two, the reason phase one developed was because we had to find a home for the shrimpers before we could move the clubs and their sailing activities. And so phase one required the pier to be constructed so we could move the shrimpers and the charter boats, then we could start work on the sailing center. And essentially, that's what is phase two, building a regatta park and then City land -- City Hall landscape improvements. Phase three is Meyer Park improvements, McFarlane Road and lower Peacock Park improvements, really to kind of include then South Bayshore and parking reconfiguration. Phase four is really upward Peacock Park and some minor trail improvements and edge improvements to Kennedy Park. And then the cultural center, we felt was really sort of a market based effort, and that could go any time so we left it to its own independent phase. And next steps. I think we're here seeking approval from the Commission. Once that's established, then we would go into final master plan documentation and look at phased implementation for the Coconut Grove waterfront master plan. Any questions? Chair Sanchez: Any questions from --? Yes, sir, Commissioner Regalado, questions? Commissioner Regalado: Thank you. How would you do the different phases? How would you document, like you just said now, after this is approve in principle, what is the criteria? Would you put a price tag on it? Would you put a timeline? Would you tell us where we can get the money? Mr. Dawson: I wish I could tell you exactly where you could get the money today. Commissioner Regalado: That's the most important thing, but that's okay. Mr. Dawson: We have some experience with that. Commissioner Regalado: Okay. Mr. Dawson: Partnerships with federal government, public private partnerships on the funding side. We did go through a kind of very conservative cost estimating matching that with the phases, working with the working group and the City to sort of develop the phasing strategy. And I think that when you really start to look at all the moving parts of the plan as generally outlined in the phasing strategies, that made sense to all of us. Depending on where funds come from, I think you could react a little differently. It's a master plan that sets the framework. As money became available or identified or otherwise had, then you might react much differently. And so, we've sort of taken an incremental step for phase one, phase two, phase three and four. Commissioner Regalado: Okay. One question and I'm done. There is, of course -- the Coconut Grove Expo Center is the center of maybe phase one. It's all we can do. Now, however, it is now working as a major production for, as you know, the series. Now, what would you recommend, as a planner, to just wait for them to finish season three, let's say, tell the City -- recommend the City as expert. Well, in order for the City to get good publicity, should we decide, well, let's not do it this year; let them finish next season, which is the first six months of next year, right? That's what they do, and then proceed. That would be your recommendation, or do you think it's imperative that the demolition moves forward ASAP (As Soon As Possible)? Mr. Dawson: I think it should move forward ASAP. I think that -- we've had -- Let me finish, please. Chair Sanchez: All right, ladies and gentlemen, bear with us. He's entitled to his opinion; we're entitled to ours. City of Miami Page 66 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Mr. Dawson: Because what's happened is the expo center is deteriorating. There's not capital money going into making improvements or maintaining that facility. My understanding, it's becoming dangerous. I think that you could wait six months, you could wait three months, but inevitably, you know, that expo center is in the wrong place. On the waterfront, you do not need a windowless box. And we've heard three years of dialogue. You know, they just started shooting that show in the last year? Commissioner Regalado: Um -hum. Mr. Dawson: Two years prior to that -- or a year and a half -- there wasn't a lot of opposition to the idea of taking down the expo center. Now, the economic side of shooting a show -- Commissioner Regalado: Well, two years ago it was closed. I mean -- Mr. Dawson: Right, exactly. Commissioner Regalado: -- it's been closed for two years -- Mr. Dawson: Right. Commissioner Regalado: -- and it didn't collapse. Mr. Dawson: Not yet, but -- Commissioner Regalado: No. I mean -- Mr. Dawson: No, I understand. Commissioner Regalado: I'm just saying. Applause. Mr. Dawson: But I think what happens is you have to look at the economics of what's being generated in real revenue and make that balance. But think, as a planner, that building has no place in the waterfront. You can find a big -box building inland somewhere and shoot your film there. We don't want to lose that industry, but on the waterfront, it seems inappropriate. Commissioner Regalado: Okay. After the expo center, what would be the next step that the City could do if we were to find the money? What would it show more in terms of what you're trying to do with the planning? Mr. Dawson: Things are so interrelated. I think, as I outlined, the phase one became obvious to us in the discussion because we have to move the shrimpers to give them a home and the charter boat people to give them a home, businesses on the water. So we had to develop the pier over by the Chart House. The real impact will be the expo center going and then getting the sailing center established, relocating the Olympic training center and Coconut Grove Sailing Club onto the proposed location in the plan. Those are the big -- those are the real big moves. Commissioner Regalado: Okay. Thank you, Mr. Chairman. Chair Sanchez: All right. Questions, comments from the Commissioners. Commissioner Sarnoff. Commissioner Sarnoff. Yeah. I thought possibly the best way to discuss this was talk about how City of Miami Page 67 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 you all got here 'cause this certainly predates me. It goes back to Commissioner Winton and it goes back to, I guess, would be Joe Sanchez, maybe even Angel Gonzalez, maybe even Commissioner Regalado on the dais. This all started when the State notified the City ofMiami that they were imperiling the waterfront by polluting it and suggesting that the State would be more than accommodating the City and take back the waterfront from the City ofMiami as a result of our failure to be good stewards with the waterfront land, and more particularly, the bay bottom. And what they were speaking of was the mooring fields, and they were non -governed, non -coordinated and mooring fields that did not allow for pump -out stations, and just willy-nilly, you put it wherever you want. As a major city, we are probably one of the last cities in America to allow unmanaged mooring fields. So the State notified the City that if we don't start getting our act together, that we'll become the State of Florida's concern and then you all could go up to Tallahassee, either rent a plane, charter a bus, whatever you'd like, and complain to the 138 elected officials up there that they're not doing a good job of managing their mooring fields. So we decided -- or I should say you decided -- andl commend everybody in -- on the dais here for this -- to create a waterfront master plan. And you did so. You hired Sasaki. And if you all remember -- just put your thinking caps back on for about four years ago -- that process. That process was filled with give and take and a lot of bad feelings. Everybody wanted, or at least the people I knew, Sasaki to be the inevitable winner. And it became a tremendous issue that it appeared for a period of time that Sasaki was not going to win. I know most of the Village Council members at that time were most concerned about that, but inevitably, the City did the right thing and they hired what people considered to be the people's developer or the people's visionary, I guess is the right word. So Sasaki came on board. Then, if you remember, your next struggle was you wanted what was called the working front committee -- the waterfront working front committee, and you couldn't really get City Hall to solemnift that, validate it, formalize it. But a group of Grovites mostly got together and, more or less, worked day in and day out voluntarily on their own to coordinate with Sasaki. This has been called the most public hearing -- or the most publicly addressed master plan that the City ofMiami has ever created. I've heard the number as many as 40 formal waterfront hearings. I know I attended, at a minimum, at least eight to ten of them, most of them not as Commissioner, just as an interested citizen; two of them as a Village Council president. And everybody was in favor of taking down the convention center. And you know why they were in favor of that? It was a white elephant. I have the numbers for the convention center right here because -- I'm tempted not to talk about Burn Notice, but I will. I'll talk about it. All of a sudden, Burn Notice comes and everybody -- I read in the paper somebody said there's two kind of Miamians; those that watch TV are probably in favor of keeping Burn Notice, and those that don't watch TV are probably in favor of doing the master plan. And you know, this City doesn't have a great many common meeting places. We're not New York City, we're not -- we don't get on the train together, we don't get on the bus together. We don't have many communal places for us to get together. City Hall, I've tried to make a communal place. We run movies every six weeks, socially conscious movies. You get about 60, 70 people to come in here, sometimes 150 on -- depending on how good we are, and that becomes our community center. The idea behind this particular plan is to create a community, is to create a place where everybody, white, black, Hispanic, Jew, Jamaican, Japanese, you name it, the City ofMiami has it, to come together and to be a community; be a community at a festival, to be a community at a concert, to be a community on a Sunday afternoon, to be a community on a Saturday. The idea behind it is for all of us to have access to the waterfront and to see the waterfront. And what a novel concept in the City ofMiami to actually see the water. The City that is absolutely most blessed in the United States with the most square footage of water, but unfortunately those before us chose to build very tall, large buildings directly on the water and most of us sitting here never had a choice to prevent that. So here we have an opportunity to take down a 208, 000-square foot building that is in utterly disrepair, such that the City Manager requires that anybody walking in that building must do two things: They must fill out a hold harmless indemnity agreement to the City which says, should this building fall on top of me, I will hold the City harmless. However, ifI bring somebody with me I will equally indemnin, the City should that building fall, harm, kill, or maim anyone. Because that's how dangerous that building is. Sure, Burn Notice is in there, and they City ofMiami Page 68 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 turned around and filled out that same indemnity. And luckily, only three chunks of concrete have fallen on the very far end of the ceiling so far since they've been there. You know, with regard to Burn Notice, the best possible scenario is to let them have season three finished by April 1, 2009, allow them to blow up the building. Allow it to be part of the TV show and really show how much fun it can be in Miami to blow something up. Chair Sanchez: And have a big party. Commissioner Sarnoff. Exactly. And we'll make sure that the City Manager, who absolutely wants to be in Burn Notice, can be seen running from the building just before -- but I'm going to let Joe Sanchez give him the cue signal, so we'll see how much he likes the City Manager. But -- that's just teasing -- that is the right way Burn Notice should come to a close in that venue. Now that doesn't mean Burn Notice should come to a close in the City ofMiami, by no stretch of the imagination should we do that. We have met with them, we have met with people who are interested in keeping them in Miami. It is something that we should try to do. I caution you, though, and hear me well, the City ofMiami is not in the business of competing with the private industry and depriving somebody of a facility that they pay taxes on to both the County and the City and then undercut them and only charge them $6, 000 per month on top of the $4.2 million that Burn Notice has received from the State of Florida as part of its $25 million funding that they got from the film industry to entice industry here. Is it a good industry? Absolutely is. Does it belong in Miami? I hope it will stay. And there are two more facilities just to the north of us here that could accommodate Burn Notice. As gas becomes $5.75 a gallon for marine industry, I suspect fewer and fewer boaters will be boating or care to store their boat when they're not using it. And two hangars may be available to them, but you know what? That's their obligation to go out there and to contact the owner of that hangar facility that's on City land, that's leased to the owner, and see if they can cut a deal should they deem it necessary to stay in Coconut Grove. Andl hope they do. Alternative to that, when I heard about how much everybody wanted Burn Notice to stay -- andl apologize to this Commission for talking about Burn Notice so much, but we obviously have a contingent out there -- I then met with Jim Villacorta, our CRA (Community Redevelopment Agency) director, andl said, Jim, is there any opportunity for the CRA to help promote or generate a soundstage because it's probably good business? It employees, as you all are telling me, a great number of people. It would be a great CRA opportunity. There could be a great many community benefits agreement. It's a great opportunity to get people into a scenario of work where they first become grips and from grips they can go on to almost anything that they want, and it employs a great many laborers. It's a labor-intensive issue or a labor-intensive industry. And Jim said to me, Commissioner, that's a great idea but, he goes, you know, Mr. Straub? Mr. Straub is the person who owns the Miami arena, and he said to me that Mr. Straub has pulled a demolition permit and is intending on demolishing the Miami Arena, and he is intending on building a first-class sound stage on that site. Now, I don't know that to be true or untrue. I only know what the CRA director's told me. So there is opportunity out there for Burn Notice. Andl don't want somebody to say it's this or that. But why not season six of Burn Notice? Why don't we just consider doing this after season six or season sixteen? Why don't we see if Marley and Me Part 3 will consider us so we could just keep it there fallow and vacant and wait for it to happen? You know why? Because it's on the waterfront. And there's no one in this room, in their heart of hearts, that really believes that you would build a sound stage on the Coconut Grove waterfront because it's not good stewardship of your land. It is not the way you would design your city. It is not the way you'd want to tell your grandchildren, I made a decision here one day andl decided to keep that building right there, you see the one that's kind of falling down, because I thought -- you know, I thought it would employ some people and it was great postcards for the City ofMiami, and it gave a great message to four million viewers across the country that this is what the City of Miami is. I think what you'd prefer to say to your grandchild is this: I had a decision to make, and in that decision I decided that I was going to green the waterfront andl was going to allow people to see the waterfront. Andl wanted my children, two of which who might love the water, have access to it, and two of which who might have the water, have the ability to see the water. City ofMiami Page 69 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 And that's what it comes down to in Miami. You have an opportunity for the first time to take parking lots, to take buildings off of a waterfront. But in Miami, there are those who would prefer to keep parking lots and keep buildings on the waterfront. I'm not from that ilk, andl would ask my Commissioners to support me on this plan. We can do this in phases, and the first phase should be the destruction of the convention center from a liability standpoint and from a standpoint of giving the citizens the opportunity to see the waterfront and enjoy their own waterfront. District 2 pays 78 percent of the City ofMiami's taxes. You shoulder most of the burden of the City ofMiami taxes. You pay at a 98 to 99 percent rate. That means you're prompt, you pay your taxes and we live off you. This is our turn to give back something to the District 2 residents. This is our turn to turn around and get the waterfront to you, so I ask each one of my Commissioners to support me and to do the right thing and to vote for this master plan. Thank you. Chair Sanchez: All right. Any other Commissioners want to speak on the issue? If not, I think there are two issues. A lot have been said. I think there's two issues today. The issue that's in front of us is to accept this master plan in principle, okay. That's the first thing we need to do. I honestly want to take this opportunity to praise all the residents that have participated in this gruesome master plan. It's been, I would say, more than three years. I would say, as you stated, 40-something meetings that they've had, but not only for their patience, but for their passion. And these are the residents of Coconut Grove. Their passion for the waterfront, which is something that we take for granted here. We have a great opportunity here in the Grove to create a master plan. And we have -- you have -- you're presenting it to us for acceptance. There are many master plans that have been done in this City. I could tell you a large percentage of those master plans are collecting dust somewhere because they're pies in the sky. There's a romantic view of a horse and buggy somewhere in a nice countryside, but this plan, this master plan is a good master plan. It's a master plan that's very doable, that focuses on what Coconut Grove is really all about. We take for granted the opportunity that we have an opportunity to take our treasure, our beauty, which is our bay, and connect it to beautiful neighborhoods. So people are inviting from the neighborhoods to come down and enjoy the bay, have fun with their families and go back. This master plan, I think it's something that not only can be done; should be done. It isn't about the money. We could raise the money. It's going to take being creative to raise the money and doing it in phases, but it's about having a vision. I could guarantee you ten years ago, they weren't even talking about planting three trees in the Grove or anywhere in the City because we were bankrupt. Today we're talking about mega plan, this project and many other projects. Why? Because there is a vision to move this City forward. Andl believe this plan is something that we could all accomplish. One of the things that want to focus on is that you have, from all the clubs and the residents, now you have agreements, which, at first, there wasn't agreement. I can't go back andl can't even fathom the calls that would get, friends arguing over friends on this master plan. They didn't agree with it. Now there's consensus to get this done, and that's the beauty of it. As you stated, this master plan is something that we could all say that public meetings and transparency, there's been plenty of. So this is a good plan that I think this Commission should support the district Commissioner. Now on the Coconut Grove Convention Center -- andl think that we may agree or disagree on some of the issues. You're right. We inherited the Coconut Grove Convention Center. But today the Coconut Grove Convention Center is there. It is providing not only through an industry that provides for this community, but it provides jobs, and it provides jobs in the numbers that are alarming in a way, and it's an industry we really not -- have not -- never tacked [sic] into. We need to focus on that industry and create a place where they could come in Miami and be stationed in Miami. The Coconut Grove Convention Center, as it stands today, and I think one of the smartest things that you put out is to continue to the third season, allow them to continue to provide, especially today in the tough economy that we're having and people are laying off their jobs. This is a business that's providing money to this area. It is an economic engine right now. A lot of people around here benefit from that; the hotels, the restaurants, the businesses. I, for one, just want to tell you, Commissioner, that I think that we need to be very prudent not to rush, tear down the convention center, lose an opportunity of people in our city that are making City ofMiami Page 70 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 money in an industry that's providing to our community, and have that area there dormant for "X" amount of years. So I think timing and projection of this plan is key to getting it done. I have the numbers here, the reports. I really looked at them. And it's a lot ofjobs that it provides, and it's a lot of money it provides to the economy. So I think if we work together on this, it's a win -win situation. Not only do we win with the master plan, we also win -- we'll -- promoting the industry, people that are -- will have a job and not lose their job. And also, come on, let's be realistic. I watch Burn Notice. Applause. Chair Sanchez: I lost my gavel, but you can't do that, okay. And it's not a matter of who sees TV and who doesn't see TV. But I could tell you that those that see TV throughout the United States or wherever it's being shown, it is priceless. It is priceless the scenes that you see and the marketing and promotion that the City gets. But we realize that it's not a venue to have a film industry there. It's not. It certainly isn't, andl can't support it to be here for ten years or five years. But I think that we need to work with the Administration, with the industry, and the Sasaki to come together and do what we could do now in the first phase. And the first phase is $43 million, if I'm not mistaken, but it's doable. Some of the things are doable 'cause the County could do some of the things, and we do have some money to do some things. But work together to make sure that we finish the third season, we do blow it up, and we have a great party. Applause. Chair Sanchez: So I think that you're -- what you've stated here today, I think there's consensus for us to come together and, at the end of the day, I think it's going to be a win -win situation for the City, for the industry and for the Sasaki plan. Mr. Dawson: Thank you. Chair Sanchez: Anyone else want to elaborate on that a little bit or are we done? If not -- Commissioner Gonzalez: I do have a comment. I'm supporting Commissioner Sarnofffor the plan a hundred percent. Andl believe that everything that you said, nothing else could be add to it. You were right at the point. But I also have concerns about demolishing the convention center. Until we have the money to build whatever we're going to build -- because the problem here is that we demolish and demolish and demolish and it take us forever to rebuild, okay. We have been talking about this building been falling down for the last three or four years. As a matter offact, back in -- we used to have the League Against Cancer telethon at this convention center every single year, and we cancel it about four or five years ago because the building was going to fall on top of the people watching the telethon. Well, let me tell you, there is a building. I haven't seen anybody come out of there in a stretch [sic] or Fire -Rescue getting anybody out of the building. And those are the type of things that happen with -- unfortunately, I have to say -- our Administration when -- and not specifically -- Mr. Manager, with all respect to you, I'm not talking specifically about you, but you know, when, in the City ofMiami, people want to get something done, they come up with every single excuse and they, you know -- you better do this because, you know, if someone dies, you're going to be responsible, you know, because liability and -- so I support the master plan. I think it's beautiful. I think it's the right thing to do. But as far as demolishing the building, you know -- as a matter offact, is there a report from any engineering company? Is there a report from the -- whenever I need to demolish a crack house in Allapattah, it takes forever. It takes three, four years. I have to go before ten boards. I have to get -- Vice Chair Spence -Jones: One house. Commissioner Gonzalez: Huh? One house. City ofMiami Page 71 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Vice Chair Spence -Jones: Just one house. Commissioner Gonzalez: One crack house, okay. Everybody has to approve it. Even it has to be taken to the President of the United States so he can sign on it and be demolished. Applause. Commissioner Gonzalez: This building here, we're ready to blow it up -- blow it out tomorrow. How can it be so simple to demolish --? and don't laugh because I'm -- you know, I'm talking to you people, the Administration, you know. How is it so difficult for me to demolish a crack house in Allapattah that is being used to sell crack, to smoke crack, for prostitution, for, you know, everything that you can imagine, and we can blow this building away tomorrow morning? Pedro G. Hernandez (City Manager): Well, Commissioner, I think to start with, it's a building that we own and on land that we own and it won't be tomorrow. It's going to take awhile -- Chair Sanchez: Don't get any ideas. Mr. Hernandez: -- because we also have to pull our permit. Vice Chair Spence -Jones: Well, Mr. Mana -- Mr. Hernandez: We have to go through a contracting process, so it's not tomorrow. It's something that could be scheduled for '09 at the appropriate time when we feel it will be convenient. It doesn't have to happen one day to the next. Commissioner Gonzalez: Okay. Has there been any kind of report, written report in black and white from any engineering company, from any authority that says that the building is in danger of falling down tomorrow or, you know, next week or two weeks from now or a month from now or --? Mr. Hernandez: Commissioner, what I -- Commissioner Gonzalez: Is there a report? Bill Anido: Commissioner, Bill Anido, assistant City Manager. No, there is no -- Commissioner Gonzalez: There is no report. Mr. Anido: -- engineering report. Commissioner Gonzalez: Okay. Why have we --? Mr. Anido: There was an inspection -- ifI may -- that detailed that there was extensive damage to the structure that would require -- Commissioner Gonzalez: So it happened with the Orange Bowl. Mr. Anido: Yes. Commissioner Gonzalez: They kept telling us that the Orange Bowl was going to fall apart, and you know, and with -- it was very dangerous, but it was there until we decided to demolish it, okay? City of Miami Page 72 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Mr. Anido: Yes. Commissioner Gonzalez: And those are the things that we're -- now we don't have an Orange Bowl and we might not have a Marlin [sic] Stadium. Applause. Commissioner Gonzalez: Great for the City ofMiami, all right. Chair Sanchez: All right, all right. Commissioner Gonzalez: So -- Chair Sanchez: Save it for the set. Commissioner Gonzalez: -- my -- Mr. Anido: Commissioner, ifI may. Commissioner Gonzalez: -- question is, if we don't have a report of that facility being in a dangerous condition, okay, why did we deny, Lori, the League Against Cancer having the opportunity of continuing to have their telethon, okay, to raise money to save life of people that can't afford medical attention, okay, because we couldn't let them use the building anymore? Laura Billberry (Director): Lori Billberry, Public Facilities. There was a decision made by the Administration to close the facility. There were various roof leaks that were -- Commissioner Gonzalez: Based on what? Ms. Billberry: I'm sorry? Vice Chair Spence -Jones: Based on what? Commissioner Gonzalez: Based on what? The Administration made the decision -- Ms. Billberry: Oh. Commissioner Gonzalez: -- based on what? Ms. Billberry: There were numerous roof leaks that were causing constant problems with leakage of water. We had estimates done at the time that were going to cost in the neighborhood of $700, 000 to repair the facility. There was AC (Air Conditioning) that is part of our contract that when you use the facility, we are guaranteeing that your AC was going to work. We had done all the patchwork we could do at that point and without doing a substantial investment in the facility, it was not something we could guarantee would be available and working properly. And so there was a decision made at -- I guess it was June of '06, that it would be closed at that point. Vice Chair Spence -Jones: How's Burn Notice operating in there now? Ms. Billberry: They -- Vice Chair Spence -Jones: They don't have A -- they don't use AC? Mr. Hernandez: Burn Notice is operating on an as -is condition. City ofMiami Page 73 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Vice Chair Spence -Jones: No, but I'm say -- Mr. Hernandez: They have to handle their air, they have to handle their leaks, everything. Vice Chair Spence -Jones: So AC is not in the building? Ms. Billberry: They have brought in their own ACs at times. I also believe that they have done some repairs to ACs, but they've also been bringing in generators and supplying AC too. Vice Chair Spence -Jones: Mr. Chairman. Commissioner Gonzalez: All right. You know, my -- Chair Sanchez: You made your point. Commissioner Gonzalez: -- final point is that I agree a hundred percent with the master plan and I'm going to support it, but as far as demolishing the building, I believe that we -- you know, we should allow -- as soon as we can continue to generate revenue from that property and create jobs and community benefits, you know, we should hold it until we have the money to do whatever you want to do, Mr. -- Commissioner Sarnoff, you know. Applause. Commissioner Gonzalez: If you have -- because I agree with your plan a hundred percent. I love what you're -- Chair Sanchez: What part of "no clapping" do you not understand? Commissioner Gonzalez: -- proposing. I do love what you're proposing, but do we have the money to implement tomorrow or next week or next month? If we do -- Commissioner Sarnoff. Phase one is -- we actually do, Commissioner. Remember, we sold some leases. We put aside some money. The parking garage itself will be an RFP, so the number that you're hearing is a number that's very achievable and it can be done. The question just becomes at a certain point in time, either you're going to pump $2 million into repairing the expo center or you're going to tear it down. The question just becomes at what point are you at? Commissioner Gonzalez: I don't know. I wouldn't pump -- not $2 million. I wouldn't pump two million pennies, okay? I'm not talking about spending any more money on something that we're going to demolish tomorrow because that's -- exactly what you're saying is exactly what we did with the Orange Bowl. Commissioner Sarnoff. Right. Commissioner Gonzalez: Okay. We kept pumping money into the Orange Bowl knewing [sic] that we were going to demolish the Orange Bowl, all right? And then at the end, we decided to blow it away. So -- no, no, no. I don't want to put another penny in there. What I'm saying is if we can continue to use it, if we -- until we are ready to demolish, I will support that too. Chair Sanchez: Vice Chair. Commissioner Gonzalez: But definitely, I will support your plan. Chair Sanchez: Vice Chair. City of Miami Page 74 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Vice Chair Spence -Jones: Thank you, Mr. Chairman. First of all, I do want to commend -- I -- first of all, commend the district Commissioner on the plan. I support the plan 100 percent. I definitely think that it's going to do a lot for, not only for the Grove, but for the City itself. So I support that 100 percent. I do -- I hear the concerns of both Commissioners on both sides of me regarding the issue of the building, however it's being utilized now. So if it's being utilized right now and creating revenue and providing jobs, then what is the rush? I just -- I actually was not going to even talk on this item because, you know, I was one of the Commissioners, you know, from day one that has always had an issue with the fact that the City has no venues or we're losing all of our venues. Orange Bowl, no longer we have a venue to provide events to residents. Of course, Coconut Grove -- this is now, you know, being, you know, looked at and eventually will leave. And Lori can tell 'cause I go back and forth with her on venues. And then James L. Knight Center, that's the next one that's going to be on the chopping block. So, for me, I'm very concerned when we start losing City -owned venues that we can provide support to nonprofit organizations from our districts that, quite frankly, can't afford to pay the big cost of going to a, you know, Miami -- American Arena or a hotel or any other big venue because of the cost. That's the whole purpose of most cities having venues in their cities is to be able to provide this service to their residents. So I truly have always have had an issue with losing the venues. I do not, however, want it to stop the overall progress of what's happening with the Sasaki plan. And the one thing that can say about at least the process that no one can ever say that they did not have opportunity to participate because every time I turn around, I mean, I kept hearing a meeting going on about this particular venue or the area. So I definitely think it's had its share of public process so we know that everybody's opinion, hopefully, has been included in all of that. I do want to support my two side Commissioners regarding the issue of holding off however, until we do know we have the resources to actually begin building whatever the facility is going to be there. Andl think that that can be accomplished with just simply phasing it out, you know, so that we can accomplish that and we're not putting people out of work. Because at the end of the day, the economy is definitely not getting any better and their jobs, a lot of times, are seasonal. And whatever we can do to keep people working or at least, you know, utilizing the businesses within the area, that's what we want to try to do. So I don't want to appear to be hindering Commissioner Sarnoffs plan in any way. I do know that he has inherited it, so it wasn't like he thought of it on his own. He kind of had to -- he's kind of had to actually clean it up a bit because it was a mess for a minute. I would just ask that the City Manager, if we can -- I know we just talked -- at least agreed to allow for them to have another season, which I think is great, but before we actually make the move to actually knock it down, at least make sure that we have the resources put in place so that we have the ability to build something immediately. And then I think that it's extremely important, as -- andl know that we've been talking, Jim andl, from the CRA about additional venues in the City, at least in the CRA, because it is going to become a problem when you don't have venues for local groups to utilize. So we're already working on that from the CRA's perspective, but if you can, Mr. Manager, before -- I totally agree with Commissioner Gonzalez -- we go knocking anything down again, that we please try to consider making sure that we do have the dollars in the place to address it immediately. Chair Sanchez: All right. There is -- Mr. Hernandez: Commissioner, ifI may. Chair Sanchez: Yes, sir. Mr. Hernandez: I mean, we do have the funding to be able to accomplish the demolition to be able to grass the area, to be able to do the sidewalks that belong in that facility, so that's in place. The facility itself is being used on an as -is basis by the filming industry, but it's not safe and we don't have the monies to invest to make it safe for the public use. I think that what we need is a compromise to be able to allow at least that third season to go forward, and then agree on a date that we can then proceed with the, I would say, proper demolition and moving on. City of Miami Page 75 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: Well, that's the consensus here. The consensus here is to support the master plan in principle, but the consensus here from the Commissioners is that -- not to tear it down in January; to possibly wait -- finish the third season and then we'll entertain the thought again. All right, so that's the consensus. So the only thing right now -- there's a motion and a second to accept the Sasaki master plan. That's the only issue that's in front of us, all right. And having said that -- Vice Chair Spence -Jones: We haven't had a motion. Chair Sanchez: -- Madam Clerk? Ms. Thompson: There's no motion or a second. Vice Chair Spence -Jones: There's no motion or a second? Chair Sanchez: There is no motion. Well, I'm looking -- Vice Chair Spence -Jones: No. Commissioner Sarnoff. So moved. Chair Sanchez: -- for a motion. There's a motion -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- by Commissioner Sarnoff, second by Vice Chair Spence -Jones. This is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, 5/0 in support, okay. Commissioner Regalado: Mr. Chairman, ifI may? Chair Sanchez: Yes, sir, Commissioner Regalado. We voted on the item. You're recognized for the record. Commissioner Regalado: Mr. Manager, you understand the consensus of the Commission, right? Mr. Hernandez: Yes, I do Commissioner Regalado: And that is? Mr. Hernandez: And that is, in essence, to hold off through the third season of Burn Notice, and I can be, for example, planning ahead in a schedule that will satisfy that timing, so I would be planning the demolition, I'll be planning the contracting in early '09 when I understand exactly when -- what is the date for that third season to conclude. Commissioner Regalado: Right. I was going to ask that. Mr. Hernandez: My understanding -from earlier conversations is that it would be some time in April. I know Commissioner Sarnoff mentioned April I. I don't know whether there's a change City of Miami Page 76 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 RE.6 08-00804 Office of the City Attorney to that date. Chair Sanchez: Mr. Manager, no matter what, you got to come back for approval from this Commission to do that anyway. Mr. Hernandez: To do the demolition, yes, sir. Chair Sanchez: Yes. All right. Commissioner Regalado: Thank you. Chair Sanchez: No further discussion. Congratulations. Congratulations to all. Thank you so much. If you're here for that item, we ask you to please -- Vice Chair Spence -Jones: Quiet. Chair Sanchez: -- exit quietly because we have other items that we need to address. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY SUSAN CAMBRIDGE, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $106,430.87 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF SUSAN CAMBRIDGE VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NOS: 01-12010 CA 10 AND 05-3793 CA 10 UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. 08-00804 Legislation.pdf 08-00804 Memo.pdf 08-00804 Budget.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0445 Direction by Vice Chair Spence -Jones to the Administration to provide a report, on a citywide basis by department, of similar cases of disparate treatment as alleged pursuant to RE.6. Chair Sanchez: Why don't we go to RE.6 and take care of RE.6. RE.6 is a settlement. Has that - Vice Chair Spence -Jones: I just have some -- okay. Chair Sanchez: Hold on, hold on. I'm trying to gain some ground here on this thing. All right, RE.6. RE.6 is a settlement. City of Miami Page 77 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Julie O. Bru (City Attorney): Yes. Mr. Chairman, this is a settlement that's being recommended by the City Attorney, by the department. In this case, it's Employee Relations. It would settle the claim of Susan Cambridge versus City ofMiami, case number 01-12010 and also case number 05-3793, for the total amount of $106, 430.87. Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by Commissioner Gonzalez -- Vice Chair Spence -Jones: Discussion. Chair Sanchez: -- second by the Vice Chair. Before we -- well, this is a resolution. There's no public hearing on this. It's open for discussion. Vice Chair Spence -Jones, you're recognized for the record. Vice Chair Spence -Jones: Thank you, Mr. Chairman. I really just have a question -- a couple questions for the City Attorney. Madam City Attorney, now this case came before the Commission back in June, correct? Ms. Bru: I believe this case was before you on one prior occasion, yes, correct -- Vice Chair Spence -Jones: Okay. Ms. Bru: -- Madam Vice Chairman [sic]. Vice Chair Spence -Jones: What changed now and why is it returning back to us in the settlement? Ms. Bru: I think there was an unfavorable disposition of the recommendation at that point. Subsequent to that attempt to settle this matter previously, additional discovery was undertaken. And based on subsequent events and discovery and additional information and further proceedings between the parties, this is the amount that's being recommended at this point. Vice Chair Spence -Jones: So I just want to be clear because this was a big debate the last time, I believe, on the dais as to whether or not we should be doing settlements. But originally, it was $71,000 in June. Now it's up to 106; is that correct? Ms. Bru: That's correct Madam Chairman [sic] -- Vice Chairman [sic]. Vice Chair Spence -Jones: Okay. Let me ask this question to the City Manager. Mr. City Manager, I know that there's several issues that have come up regarding the whole Planning Department regarding issues of employment. This person worked in the Planning Department, correct? Pedro G. Hernandez (City Manager): Yes. Vice Chair Spence -Jones: Okay. And how are we addressing these issues? Even though we decided to, you know, vote on settling it today, what are we doing to correct this problem -- I see Hector's here -- so that we don't continue to have these type of issues? And the issues were -- I just want to be clear -- in the department were -- the issues were, Hector? City ofMiami Page 78 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Mr. Hernandez: I think -- yes, please. Hector Mirabile: Hector Mirabile, director of Employee Relations. Commissioner, the issues in this particular case was a modification of audits, of which one went back to back to back, which was -- which caused a perceived and actual disparate treatment to a minority to get promoted to those particular actions. The rationale behind the audits of each one of the positions was continuous change of systems, financial management of the entire organization that's there, and also the needs of the community. So the director actually went ahead and did her due diligence and modified it, but unfortunately, caused an impact that resulted in this action that our City Attorney did due diligence and is proposing this forward We have corrective measures, if you care to listen. Vice Chair Spence -Jones: Andl have to say this, Hector. I need -- we need to call you the cleanup man because it seems like every department you go in, you do like an outstanding job with just cleaning up stuff you know, andl know that if you're over there, Hector, it's going to get straight and it's going to be right. Mr. Mirabile: Thank you. Vice Chair Spence -Jones: But it's a shame that the young lady had to go through as much as she had to go through in order to -- for us to even acknowledge that she was not being treated properly. And then for it to come in front of this Commission back, I believe, in June and then give her another hard time and not support her. So I'm glad that we're making this decision to do this. My last and final question, Hector, I would like to know, are there any other pending lawsuits -- either Madam City Attorney or you can answer -- regarding the issue of minorities not being treated fairly in this department? Ms. Bru: I'm not aware of any other -- Mr. Mirabile: Neither am I Ms. Bru: -- Commissioner, at this point. Vice Chair Spence -Jones: Okay. I was told that there was one other -- Mr. Manager, have you heard about another pending lawsuit regarding this issue? Hector, or either one of you guys. Mr. Hernandez: No, I haven't, Commissioner. Mr. Mirabile: I have not. Vice Chair Spence -Jones: Okay. All right. I just want to make sure that there's some corrective action being put in place so that employees feel that they will be respected. Mr. Mirabile: Yes, ma'am. And we will be doing intervention at this particular directorate area. We will be doing intervention, training. We'll be looking at the system to be designed more closely to ensure that as these audits come forward that there is no adverse impact and our EEOC (Equal Employment Opportunity Commission) person will be looking into that to ensure that happens. Vice Chair Spence -Jones: Well, thankyou, Hector, and thankyou, Mr. Chairman, for indulging me. Chair Sanchez: All right. Commissioner Sarnoff. Mr. Chair. City of Miami Page 79 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: Yes, sir, Commissioner Sarnoff, on item RE. 6. Commissioner Sarnoff. Just so the record's clear, I'm the Commissioner that sort of led the charge in not resolving this back last June. We had the opportunity for -- to resolve this for $71, 000. Andl want to state on the record why I did that. I did it because they were allegations, they were unproven allegations which now, according to the briefings by the City Attorney, have proven to be justifiable allegations. So this is now costing the City an additional $35, 000 additional. And the question then becomes: In the private sector, the person who did the discriminating would be terminated. There'd just be no if, ands, or buts about it. Now you're suggesting that you're going to do some training, but I'm not sure that training is what you need here. And I'm not here to tell you what to do. However, since I'm the one that advised against the $71, 000 settlement and now this is costing the City an additional $35, 000, I think you need to step up to the plate andl think you need to -- because the allegations of race discrimination didn't come from one person; it came from about five different people, all races, all colors, other than Hispanics. And this seems to be a problem in the Planning Department. And you know, if you sit in City Hall, you hear those things; you just don't know them to be true. But now you have a record of it going on. And the question becomes: Sitting here as a Commissioner, you don't want to be the one that feels like you said: Now wait a minute. These are mere allegations, unsubstantiated allegations back in June, but allegations now that, according to our City Attorney, are now substantiated so much so that she's recommending a $35, 000 additional settlement. Ms. Bru: Mr. -- Commissioner Sarnoff, ifI may, this is before you to settle a lawsuit. In individual briefings, I went into great detail about the facts in the case, the evidence in the case, what might or might not be proven in court. Obviously, I would recommend against any further discussion in detail of any of the allegations in this forum. We do have available a proceeding that we could have a shade meeting to discuss things -- Commissioner Sarnoff. Madam City Attorney, you'll notice I'm not mentioning anyone's name. You'll notice I'm not mentioning anyone's testimony. Yet, I have the six depositions in front of me. I could easily do that; I won't. My point is -- and I'm actually joining with Commissioner Spence -Jones on this -- there was an opportunity -- Vice Chair Spence -Jones: Really? Commissioner Sarnoff. -- to resolve this for $71, 000 back in June. Ms. Bru: Well -- Commissioner Sarnoff. The reason -- let me just -- Ms. Bru: -- let me clam that, though. The reason why the amount that's being recommended now is higher is because in the interim, there was a case that determined what the maximum cap would be of liability, which in fact increased the liability -- Commissioner Sarnoff. Correct. Ms. Bru: -- so -- Commissioner Sarnoff. The law changed. Ms. Bru: -- the law changed -- Commissioner Sarnoff. Right. City of Miami Page 80 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Ms. Bru: -- it was -- Commissioner Sarnoff. I can see that the law changed, but you've taken more depositions since the June. Ms. Bru: There's been additional discovery, yes. Commissioner Sarnoff. Right. And my point is you're sitting here as a Commissioner and you're about to spend the taxpayers' dollars, I would think the taxpayers would want to know what corrective actions are going to be taken. Mr. Hernandez: Commissioner, that's more of my -- a question to me. ERD (Employees Relations Department) has already and will continue to, in essence, look into the operations of the department to ensure that we have no discrimination. Also, they will monitor any transfers and promotions, et cetera, to ensure they're done properly without impacting any class group. I'll work with ERD beyond that to look at the issues, the facts and details and determine any warranted disciplinary actions that should be taken. Commissioner Sarnoff. And what that -- with the dis -- Mr. Hernandez: And that will be my charge. Commissioner Sarnoff. Would you share your disciplinary actions with this Commission? Mr. Hernandez: I will. Commissioner Sarnoff. Okay. And would you share -- 'cause I've asked for this, and I think you saw my e-mail (electronic). I've asked for the performance reviews. I think you were the one that implemented the performance reviews when you first got here. Mr. Hernandez: Yes. Andl'll -- Commissioner Sarnoff. And just on an aside, you're -- we're about to discuss a budget. I know I've asked for the performance reviews. Because when you're considering any line item in a budget, you'd like to know how that department is functioning. Mr. Hernandez: Commissioner, they were done about a year ago. And they're in the process now of being done again. Commissioner Sarnoff. Okay. Mr. Hernandez: So I'll have that information. Chair Sanchez: All right. Any further discussion on this item? Vice Chair Spence -Jones: Just to close. Chair Sanchez: Vice Chair Spence -Jones. Vice Chair Spence -Jones: And l just want to just tell Commissioner Sarnoff thank you so much for your support on the matter. I think that the comments that you were -- you've made in going deeper into the matter was very important for not only for the folks that are sitting here, but the City employees that have to feel this every single day. So I want to at least publicly thank you for that. Hector, I do -- would -- I would like for you to provide for me at a later date any reports City of Miami Page 81 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 that you may have from other departments now that you're cleaning up what's happening in the personnel, you know, department, Employee Relations. I would like to have any other cases or any other -- just a report on any other similar cases that are happening throughout any of the other departments regarding this issue. Mr. Mirabile: Very well, ma'am. Vice Chair Spence -Jones: Issues similar to this. Mr. Mirabile: Do you want it citywide? Vice Chair Spence -Jones: Yeah, citywide. Mr. Mirabile: By department? Vice Chair Spence -Jones: By department. Mr. Mirabile: Yes, ma'am. We could provide -- Vice Chair Spence -Jones: Thank you. Mr. Mirabile: -- that to you. Commissioner Gonzalez: All right. Chair Sanchez: All right. On -- I think enough has been said on RE. 6. But one thing that needs to be very clear is that discrimination will not be tolerated here at City Hall or the City ofMiami. Okay, it is a resolution. There was a motion and a second. We've discussed this item. Hearing 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." That takes care of that item. RE.7 08-00805 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney EXPENDITURE OF ATTORNEY'S FEES AND COSTS BY THE CITY ATTORNEY FOR THE ENGAGEMENT OF JAMES C. CROSLAND, ESQUIRE, AND THE FIRM OF BRYANT MILLER OLIVE, IN AN AMOUNT APPROVED BY THE CITY ATTORNEY, FOR THE PURPOSE OF REPRESENTING THE CITY OF MIAMI IN COLLECTIVE BARGAINING AND RELATED LABOR MATTERS; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000, AND REQUIRING THE CITY ATTORNEY TO REPORT TO THE CITY COMMISSION ON A QUARTERLY BASIS THE AMOUNT OF FEES AND COSTS INCURRED TO DATE. 08-00805 Legislation.pdf 08-00805 Memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 82 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 R-08-0446 Chair Sanchez: Let's just go down the line to RE.7. That's engaging outside counsel, labor attorney. Vice Chair Spence -Jones: Mr. Chairman, you're going to -- RE.3, we're not taking up? Chair Sanchez: We will. Vice Chair Spence -Jones: Okay. Chair Sanchez: We will. Vice Chair Spence -Jones: All right. Commissioner Gonzalez: I'll move RE.7. Vice Chair Spence -Jones: Second. Chair Sanchez: Item -- Can we just put something on the record? Madam Attorney, that's your item. Julie O. Bru (City Attorney): Yes, Mr. Chairman. This is a resolution whereby you would authorize the engagement of James Crosland. He is with the firm of Bryant Miller Oliver, and Mr. Crosland would be serving as the City's labor counsel. As you know, in the past we had retained an attorney as a full-time salaried position in the Office of the City Attorney to be labor counsel. We have not replaced that position. I think it would be a more cost-effective method to employ outside counsel to perform the services of labor counsel. Thank you. Chair Sanchez: All right. Any discussion on that item? That is the item RE.7. Hearing no discussion, I believe we have a motion and a second. Commissioner Gonzalez: Yes. Priscilla A. Thompson (City Clerk): I need a second. Chair Sanchez: It is a resolution. There is no public hearing. All right. There's a motion and a second for the record, Madam Clerk. Ms. Thompson: I just want to make sure. I only list Commissioner Gonzalez as the mover. I didn't hear a seconder. Chair Sanchez: All right. Need a second. Commissioner Gonzalez: Vice Chair -- Commissioner Sarnoff.. Second. Chair Sanchez: For the record, the motion has been made by Commissioner Gonzalez, second by Commissioner Sarnoff. Ms. Thompson: Thank you. Chair Sanchez: Okay. All in -- It's a resolution. All in favor, say "aye." City of Miami Page 83 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.8 08-00806 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY ATTORNEY BARRY R. LERNER, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $64,044.94, IN FULL SETTLEMENT OF ALL CLAIMS FOR ATTORNEY'S FEES AND COSTS ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, RESULTING FROM HIS REPRESENTATION OF FORMER CITY EMPLOYEE LAWSON SUTTON ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 08-00806 Legislation.pdf 08-00806 Memo.pdf 08-00806 Budget.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0447 Chair Sanchez: We move on to the next item on the agenda. That's also a settlement, the Lawrence [sic] Sutton settlement. Madam Attorney, you're recognized for the record. Commissioner Gonzalez: Move RE.8. Julie O. Bru (City Attorney): Yes, Mr. Chairman. Okay. Chair Sanchez: All right. Ms. Bru: Mr. Chairman, this is a proposed resolution of a lawsuit seeking attorneys' fees in a workers' compensation matter. This was the Lawson Sutton case against the City ofMiami. This would then resolve the issue of attorneys' fees for Mr. Barry R. Lerner, the attorney for the claimant, in the amount of $64,044.94. Chair Sanchez: Okay. Commissioner Gonzalez: Move it. Commissioner Sarnoff. Second. Chair Sanchez: There's a motion by Commissioner Gonzalez. The item has been second by Commissioner Sarnoff. We are on RE.8. Is there any further discussion on RE.8? If not, it is a settlement. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." RE.8 has been approved, 5/0. City ofMiami Page 84 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 RE.9 08-00813 Department of Capital Improvements Program RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CAPITAL PROJECTS APPROPRIATIONS RESOLUTION NO. 08-0027, ADOPTED JANUARY 10, 2008, TO APPROPRIATE THE $27,350,000, SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION LOAN, AS AUTHORIZED PURSUANT TO RESOLUTION NO. 08-0345, ADOPTED JUNE 12, 2008, AND AN ADDITIONAL $1,705,857, OF GENERAL FUND CONTRIBUTIONS; AND TO DEAPPROPRIATE $23,000, OF GENERAL FUND DOLLARS FROM CAPITAL TO BE ADDED TO SOLID WASTE OPERATING BUDGET FOR THE PURCHASE OF SEVERAL COMPUTERS. 08-00813 Legislation.pdf 08-00813 Exhibit.pdf 08-00813 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0448 Direction by Chair Sanchez to the Administration to provide a spreadsheet of the allocations of all monies for District 3 projects, to include a detailed accounting of where the monies were spent. Chair Sanchez: Moving on to -- let's -- Commissioner Gonzalez: RE.9, right? Chair Sanchez: Yeah, RE.9. Well, let's do R -- yeah, let's do RE.9 and then we'll do RE.10. RE.9. That's the Department of Capital improvements. Ola Aluko: Good morning, Commissioner. Ola Aluko, director of the Department of Capital Improvements, City of Miami. RE.9 is a resolution authorizing the City -- authorizing many capital project appropriations in accordance with Resolution 8-0027 [sic], adopted January 10, 2008. This resolution appropriates funds received from the Sunshine State Loan and other funds which will be implemented into the different City funds. Commissioner Gonzalez: Move RE.9. Vice Chair Spence -Jones: Second. Commissioner Sarnoff. Second. Chair Sanchez: There's a motion by Commissioner Gonzalez. second by Commissioner Sarnoff. Discussion on that? Any discussion? I have discussion on that item. Mr. Ola, I have been extremely patient, but could tell you that my patience is running out. And we have had several meetings on these projects that think are very important not only to my district, but the entire district. While sitting down and looking at all the projects and the numbers, I could honestly tell you that we have not figured it out yet. It's very confusing for us. And I've always knew that once we approved the bond issuance and all these projects -- when a city has so many projects, it's very hard to keep up with what's happening and what's not happening. Butl need you to provide me with a spreadsheet of the entire allocations of all monies, all monies. So I -- either you should be writing this down or somebody from your department or somebody back there City of Miami Page 85 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 should be -- Mr. Aluko: It's being written down. Chair Sanchez: -- recording this conversation, okay. Allocations of all monies for my district projects, and a detailed account of how it's been spent because I can't figure it out. My staff cannot figure it out. All we want to know -- and the taxpayers of our City want to know is that these projects, are they being done, where is the money coming from? Because the more that we inquire as to money, it's like it comes from this account, but it was taken from that account and we don't have any money here, but we'll get it from this account, andl don't think that works very well. Not to take any shots at you. I think you're a professional. We sit down and we disagree on issues, but at the end of the day, I think that you're a decent guy and you're a nice guy. Mr. Aluko: Appreciate that. Chair Sanchez: So what I'm asking for is that you can provide me with that complete detail of how the money is being spent. So can you do that for our department and make sure you -- Mr. Aluko: Yes. Chair Sanchez: -- get with our --? Mr. Aluko: We actually are currently preparing that document for all five districts. Chair Sanchez: Yeah, and also where we're at with these projects, okay? Mr. Aluko: Very well. Chair Sanchez: All right. So that's all have to say. And I'm sure you andl will continue to meet on these projects which are significant for our city. All right. I think there's a motion and a second on that. Commissioner Gonzalez: Yes. Chair Sanchez: All right. No further discussion on the item. Commissioner Sarnoff. Well, let me just say something about Ola Aluko 'cause I think he's doing a tremendous job. I want to commend you for the job you've done, andl want to commend you for keeping District 2 as well versed as we are with regard to the bond projects, whether it's street bonds, whether it's Homeland Security bond. You have at least educated me in the process, andl have a great understanding of it only because of you. So I just want to thank you for that. Mr. Aluko: You're welcome, Commissioner. Commissioner Gonzalez: I would also like to take the opportunity to do the same and commend you. At least my experience with you has been outstanding, so I want to thank you. Mr. Aluko : Thank you, Commissioners. I -- Chair Sanchez: All right. Apparently, I'm the only one -- Mr. Aluko: -- owe it to my staff. City of Miami Page 86 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: -- having problems with your department, my friend Mr. Aluko: Challenges, Commissioner, challenges. Chair Sanchez: Not problems. We're having challenges. Commissioner Gonzalez: Challenges. Chair Sanchez: And I'm sure you andl could work them out. Mr. Aluko: Of course we can. Vice Chair Spence -Jones: I definitely want to commend, like my two other colleagues, for your outstanding work. I mean, Ola has been a blessing for District 5 and our parks and cleaning up. He's the second cleanup man we have and -- on your staff Pete, you know, because we had a mess, you know, happening with all of our capital improvement projects. I can't speak for nobody else's district, butl can speak for mine. Andl know that my residents and the community folks that have seen your work have all commended you for your great work and your team's great work, andl think that your team is also to be commended for just supporting you and backing you up and making sure that you guys deliver what we promised to our residents. So I want to say publicly on the record, job well done. Keep doing what you're doing, andl thank you -- we thank you from District 5. Mr. Aluko: You're welcome. Chair Sanchez: All right. Mr. Aluko: A director -- ifI may say, a director is only as good -- Commissioner Regalado: One more. Mr. Aluko: -- as his department. Commissioner Regalado: One more. Mr. Aluko: I'm sorry, Commissioner. Chair Sanchez: Commissioner Regalado. Commissioner Regalado: One more. No. I just wanted to say that it's important when you have a department director that becomes interested in projects. And just wanted to thank you because one day -- several weeks ago it was raining very hard, and we stood with an umbrella, him and me, with several residents to discuss a project in the Coral Gate area. And you know -- and it was raining and he didn't even look in a hurry. And we resolved one big issue there. And the fact that you took time to go there by yourself gave the people reassurance that the City was indeed serious about doing what they want the City to do. So I just want to thank you. And, I mean, I know -- I mean, it's like this is harder, running with the bulls in Spain, you know, because, you know, you have to go here and there and there. But it is important for department directors to understand that we need your time in order to convey what the residents need. And there are many meetings and many things that you have to do. But at the end of the day, we all work for the residents and we are public servants. And it is important to have the connection with the people. And this is why I thank you, okay. Mr. Aluko: You're welcome. City of Miami Page 87 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: Well, I apologize for raining on your parade, all right? But I'm having problems. And when I have to call the City Manager to go out there and look at my projects that are having problems, that's a problem. I still don't know -- I need to know on the record when is the Jose Marti gym going to be completed. Mr. Aluko: The gym will be turned over to the Parks Department August I of this year. Chair Sanchez: I'm going to write that down. Mr. Aluko: Write it down. Chair Sanchez: Okay. And it'll be -- when would you think it'll be opened? Mr. Aluko: That's up to the Parks Department. As a matter of fact, my department staff is working with the Commission office and the Communications Department to see -- to identify a grand opening date, but that's incumbent upon the Parks Department. Chair Sanchez: And it's my understanding you and I have a date tomorrow. Mr. Aluko: That is correct. Chair Sanchez: All right. Mr. Aluko: Tomorrow afternoon. Chair Sanchez: 'Cause we're going to drive through my whole district and look at the issues and try to resolve them. Mr. Aluko: That is correct. Chair Sanchez: All right. Thank you. Mr. Aluko: And Commissioners -- Chair Sanchez: All right. Mr. Aluko: -- as I said, I thank you for the accolades, but a department director is only as good as the team members and the staff that helps put this work together. So we thank you. Chair Sanchez: All right. Commissioner Sarnoff Ola, not many people could get a four fifths vote. I just want you to know that. Mr. Aluko: You're welcome. Chair Sanchez: Hey, listen -- Commissioner Gonzalez: All right. Chair Sanchez: -- one out of four ain't bad. All in favor, say "aye.' The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " Motion has been -- the City of Miami Page 88 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 resolution has been approved, 4/1 [sic]. [Later...] Chair Sanchez: No, no, no, no, no, no. I voted in favor. No. I just said he got -- one out offour ain't bad. No, no, but did vote on --I want to make -- she wants to correct it. I did vote on your item. Yeah, I just said one out offour Commissioners -- you could win me over. It's just you got to give me some tender loving care, you know -- well, my district. RE.10 08-00775 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY SFM SERVICES, INC., A FLORIDA CORPORATION AND SFM JANITORIAL SERVICES, LLC, THE SUM OF $213,272 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF SFM SERVICES, INC., AND SFM JANITORIAL SERVICES, LLC V. CITY OF MIAMI, IN THE CIRCUIT COURT CASE NO. 07-08448 CA (25), UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.545000.0000.00000. 08-00775 Legislation.pdf 08-00775 Memo.pdf 08-00775 Budget.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0449 Chair Sanchez: Let's take up RE.10, the settlement of SFM services. Commissioner Gonzalez: I'll move it. Commissioner Sarnoff. Second. Chair Sanchez: Okay. There's a motion and a second on this item. You want to put something on the record, director, as to what we're voting on? Roger Hernstadt: Roger Hernstadt, assistant City Manager. This is approval of a settlement of $213, 272 for SFM for a contract to clean the Orange Bowl during -- and maintain it during events, as well as Bayfront Park. And the Administration recommends this approval. Chair Sanchez: All right. Any discussion on this item? [Later...] Chair Sanchez: All right, RE.10. On RE.10, when that issue came up several years ago, I was the one that was the most affected, and I'll tell you why was the most affected on this. They provide the service for Bayfront Park, Bicentennial, and just about every City facility. I tried, City of Miami Page 89 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 through the Administration -- I thinkl was the Chair back then. This has been going on for how many years now? About two years? Pedro G. Hernandez (City Manager): Maybe a year and a half -- Chair Sanchez: A year and a half. Mr. Hernandez: -- plus or minus. Chair Sanchez: All right. And we tried to resolve this issue. Because you know what? This should have never gotten to where it's at. It was all based on them just -- a single day that made the difference. And when we try to resolve the issue with the Administration, as I always -- any time you get two attorneys involved, forget it. You might as well just step back, all right. So when it boiled down to the legal issues of getting the City and their attorney, that was it. But at the end of day, I could tell you that the people that were mostly affected was not only his company but the people that he employed based on the living wage being passed, which I support the living wage. I think it's a good thing. But it just really put that company and its employees in a very awkward situation. And therefore, the people that are out there cleaning after every event in the City that are the hard-working, dec -- well, hard-working people in our City that are out there making ends meet picking up our trash were the ones that were basically in a situation with that company that morale was down. So when -- I just want to make sure for his company -- because I know that he approached me andl worked with the Administration to resolve this issue. I am so glad that it's been taken care of today but this could have been taken care of a long time ago and we would not have to go through all this mess. I just wanted to state that for the record. Commissioner Gonzalez: I -- Chair Sanchez: All right. Commissioner Gonzalez. Commissioner Gonzalez: -- agree with you a hundred percent. I don't know why it got so far. It should have been taken care -- it was very simple. You know, he was abiding for -- by what the City imposed on them. And that should have been taken care of long time ago. Mr. Hernandez: Mr. Chairman, I just want to put on the record that -- Commissioner Gonzalez: It is what it is. Mr. Hernandez: -- I met with the president of SFM personally and with his assistants. He worked out the settlement with me personally. And he also partici -- I mean, contributed to making sure this was done. Commissioner Gonzalez: We want to thank you for that too. Mr. Hernandez: So I want to thank him. Chair Sanchez: Pete, I have the outmost [sic] respect for you. We don't agree on all the issues, but I have the outmost [sic] respect for you. This could have been done -- just as you did it three months ago, this could have been done about -- You've been here now how much, a year and what? Mr. Hernandez: Myself? Chair Sanchez: Yeah, yeah. Two years? This could have been done way back. City of Miami Page 90 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 RE.11 08-00812 Downtown Development Authority Mr. Hernandez: Commissioner, it was sort of a, I would say, fluke of timing. Because the same day that the contract was renovated was the day that the living wage came into effect and that caused an unintended consequence. I mean, once it was realized, it was always our position that they should be paid the living wage no questions asked. It got into litigation, complicated by a class action suit, and that's what took a little longer. Once Mr. (UNINTET,TIGIBLE) and myself got involved, he andl took care of the problem. Chair Sanchez: Well, listen, I don't want to beat a dead horse. I'm just glad to see the item has been taken care of. All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " RE.10 has been approved, the settlement, 5/0. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY, OF THE CITY OF MIAMI OF MIAMI-DADE COUNTY, FLORIDA, TO ESTABLISH A PROPOSED MILLAGE RATE; ADOPTING THE TENTATIVE LEVYING OF AD VALOREM TAXES FOR THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, MIAMI-DADE COUNTY, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009. 08-00812-Legislation-SUB. pdf 08-00812 Memo.pdf 08-00812 DDA Legislation.pdf 08-00812 DDA Legislation 2.pdf 08-00812 Boundaries.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0465 Chair Sanchez: All right, Downtown Development Authority millage. Let's do that one out of the way. All right. We need -- All right, come on. Let's go. We got to move -- got to get going. We got a lot of items to cover. Okay. Madam Interim Director, good to see you here. Jay Solowsky, who is also with the DDA (Downtown Development Authority). And we believe that we have -- could we have all the board members that are here present? Thank you. Okay, you're recognized for the record. Alyce Robertson: Hi. I'm Alyce Robertson, interim director of the Miami Downtown Development Authority. We're here to present our millage rate and ask the City Commission to set that millage for next year. Before I want to enter into the record, make sure that we're looking at the same item, that we have a scrivener's error and there's a substitute, and want to read into the record what the changes are. In the third whereas, where it cites the July 1 gross taxable value, that number should read 10,187, 661, 545. Under Section 2, item number one, the rollback rate should be .4806 and the percentage should be 4.04 percent. I want to talk about -- as most of you know, I've been at the Miami Downtown Development Authority since March 31, and I've been joined by Meredith Nation, who's a City employee and we're on loan from our respective agencies. And we've been putting in a lot of work to bring the DDA at the -- into the direction where our board has taken us and cutting administrative expenditures. We've cut four positions from the '07-'08 budget from the previous -- from previous to next year going forward, City of Miami Page 91 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 which is a 12 percent reduction in administrative costs. What we're trying to do also is take a look at all the administrative functions of the DDA and reduce those expenditures accordingly. We have all looked at various things such as the lease on the building and the property where we're at andl --Mr. Solowsky can talk a little bit longer about that whole lease agreement, but we're looking at everything, every line item and trying to reduce those administrative expenditures to make the DDA run more effectively and efficiently and to use the taxpayers' dollars in a wise way. Chair Sanchez: All right. Listen, I think we're here for the millage -- Ms. Robertson: Okay. Chair Sanchez: -- so let's focus on the millage. I think each Commissioner, you've had an opportunity to meet with them to have any concerns they may have. Let's focus on the millage. Ms. Robertson: Yeah, I -- Chair Sanchez: The most important thing is to state that there's not -- there's no increase in the millage. Ms. Robertson: No. This is the same rate for the last 20 years that the DDA has levied, .5, and that amount of revenue that would generate is $4, 785, 000. That millage, as I stated, has been in place for 20 years andl believe since the inception of the DDA itself, but we were only able to go back 20 years with the property appraiser's office. So that's pretty much it. We do need a unanimous vote of this Commission in order to set that rate. We -- there was a law change in this fiscal year -- or this legislative year and it -- all members of this body need to vote in favor of that to set that rate. Chair Sanchez: And if we don't, what happens? Ms. Robertson: Then we go to the rollback rate. Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: I'll move it. Commissioner Sarnoff.. Second. Chair Sanchez: There's a motion and a second. The motion has been made by Commissioner Gonzalez, second by Commissioner Sarnoff. Discussion on the item. Commissioner Regalado. Commissioner Regalado: Thank you. I know you because many years ago, when I first came to this Commission, you came as a neighbor to rally and protest and opine andl really respect you. And then I know of you work in the country. But the problem is that we have been promised for so many years that downtown is going to get better, and it hasn't. And you may say whatever they want, but it hasn't. And you talk to the people that have properties and business there and they say it's the same. We have buildings with people living there and we may have projects going on, but there's still the perception of downtown is the same one that the vice president of Macy's had one year ago and has now. So -- you came in and you are cleaner. What went wrong all these years until you came? Ms. Robertson: Do I have a long time on the agenda? Commissioner Regalado: Yes. You have four hours because -- actually, one vote is a lot of money. City of Miami Page 92 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: Oh, yeah. Ms. Robertson: Yes. And one of the thing -- you know, I understand I'm asking the Commission to take a leap of faith with me here, but what believe is, first of all, downtown has something new. We have more residents in downtown than we've ever had before. That's number one, where there's people and as the -- there's increased people being down there, the retail environment is going to change. Commissioner Regalado: But it wasn't brought by DDA. That's my point. It was market -driven. Ms. Robertson: No. Andl think one of the things that -- let me tell you a little bit what we've been working on and why I'm asking you to -- for our entire spending authority is that we want to get more money out on the streets. I think if you look carefully, what the -- what Flagler Street looked like a year ago and what it looks like today, there is improvement on Flagler Street. Our job is going to be to keep it that way. A couple of the programs that the DDA instituted -- we have a program that's called the Downtown Ambassadors. Those ambassadors are uniformed people that are walking and helping tourists, helping people get around town. It's a feeling of safety. We're expanding that next year into the Performing Art [sic] Center area and also into the Brickell area. Then we also have a downtown enhancement team that takes homeless individuals off the street and has them -- transitions them through the workforce and gets them -- and we temporarily hire them. They clean the streets, they paint graffiti and do other kinds of -- feel cleaner and better in downtown. Andl think that the DDA has -- you know, as far as our directions, our board is very focused on making -- we have to do two things. We have to have an environment that people can -- that are coming into downtown and a retail environment that is exciting, and so we need to do economic development and we also need to supplement some of the City services that have been lagging behind. Commissioner Regalado: One of the things thatl saw was that there will be sort of a Code enforcement blitz, and so what I cannot quite understand is we have -- everybody agrees that we have been through and we will be in a few months for an economic crisis, and there is a crisis and everybody recognize that. I mean, some senator said that there was a mental recession, but it's not. It's real. So my understanding is that Code Enforcement is going to go after the small stores and tell them they cannot have this sign or that sign or this kind of painting. Andl wonder if this is a good strategy because those people have had those same signs in the same place for the last 20 years and no one bother. And now with economic times hard, how would they understand that they will be fine, that they will be cited because they had the same sign that they had for the last year? Shouldn't DDA work with them to pay -- to change the signs or encourage them to do a better -- advise them on marketing? I mean, each small store, shouldn't you not be telling them a good strategy to sell or include them in your marketing? What is the strategy with the people that are still there and not the ones that you're trying to bring? Ms. Robertson: What we're trying to do with the Code enforcement initiative is to clean up the look of downtown. Now, as far as the -- and we will be spending a 45-day period of time in which we've prepared a brochure, both in English and Spanish, that will -- and we will go door-to-door and work with the individual tenants in those places as well as the property owners to inform them about what are some of the changes that they need to do. Some of them cost no money to do. You know, some of them are just take your luggage off the sidewalk and move it back into your store; that's kind of -- some of them are very simple. I guess Mr. Solowsky wants to talk. Jay Solowsky: Commissioner, in addition, you have thousands of people now moving downtown that will be customers of the Flagler Street stores and in the downtown area. You want to make those stores attractive. You want to make those stores inviting. Having a signage limitation of 20 percent of their storefront, if their owners are properly educated, they should understand that City of Miami Page 93 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 that's a benefit to them. And it doesn't cost them money to remove those signs. It doesn't cost them money. If they want to update facades, we have a facade program. If they'll participate with us in the shutters, we have a shutter program. But in terms of attracting people who are down here to stay down here and to shop down here and not go out to the suburbs to shop, those stores must be inviting. And for them to be inviting, the Code must be enforced after the owners are educated. Commissioner Regalado: Andl agree, but my point is how do you change a culture of 20 years in 20 days? Mr. Solowsky: Well, the short answer is that you don't, but you have to start somewhere. Commissioner Regalado: I agree. Mr. Solowsky: The journey of a thousand miles begins with the first step. Commissioner Regalado: Andl agree, but my point is that rather than first attack and enforce, first you need to offer help and not send inspectors out one day to cite everyone, but instead of doing that, send the ambassadors, your people, to offer them a better quality of store, better quality of advertising. I'm just telling you -- Mr. Solowsky: Every business owner, Commissioner -- Commissioner Regalado: -- look, the other day -- Mr. Solowsky: -- is going to re -- Commissioner Regalado: -- a colleague of mine called me because he was -- he's a journalist -- in downtown buying and his car was towed. He said that he didn't see any signs or whatever. The fact is that they -- he took a taxi and went to pick up his car. But the point is that while he was talking to me, he was calling on my personal cell, there was this lady on the back from the store shouting and protesting because the City, it's impossible to deal with because they ticket the cars if somebody is going to pick up somebody in her store, and that they came in -- and that is the feeling. That is -- she was very angry on the background andl did not talk to her, but can easily listen to her. Andl -- look, I respect you. I know that you mean well. I don't know how many board members you have changed. I hope that you changed most of them because the last board didn't work, but I don't know. That would mean -- I don't know about that, but -- Mr. Solowsky: There are four new seats now available, Commissioner. We are in the process of interviewing applicants. We have wonderful applicants. Earlier this year, we had three new board members; I am one of them. Andl think the board is moving in the right direction. Andl think that ifAlyce were [sic] given the chance, with the direction of the board, I think you will see tremendous changes in the DDA. Commissioner Regalado: Okay. Thank you, Mr. Chairman. Chair Sanchez: All right. Anyone else want to speak on the issue? If not -- Commissioner Sarnoff. Yes. Can I? Chair Sanchez: Yes, sir. Commissioner Sarnoff. You know, whether it's perception or reality, I was very -- I never thought that I would consider keeping your mill rate where it is because my perception of downtown has never been good. However, I will say this. Probably since the Chair has taken City of Miami Page 94 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 over the DDA and probably since the new director -- and just as important, the Jay Solowskys -- and if you allow me for a moment to go down a rabbit hole for a second. Take Jay Solowsky, he was a volunteer with the DDA; means he's a board member. He pretty much puts in almost a full-time day with them. He's a very successful lawyer who's decided to take the next two years off. He does everything he does on a voluntary basis. He has entered into what I consider to be the highest social contract you can with the City ofMiami, and more importantly, the DDA. You have an extremely talented man and extremely talented lawyer dedicating himself to the betterment of the DDA. Andl think everyone in the City ofMiami has to take our hats off to him and for his volunteer service and for the standards that he's setting in volunteerism. You have our new director who has a totally different approach than our previous director. She's a hands-on person. Not from the private sector, as I would prefer, but she certainly has an I -can -get -it -done attitude. And in the three months that I'll suggest to you that some of the new board members have had the opportunity and in the few months that the Chair has had the opportunity, you're not going to change perception. And in the words ofJay Solowsky, who puts it best, a journey of a thousand paces starts with one pace -- or a journey of a thousand miles is one pace is what I should have said. And they at least have started their journey. They're no longer going the direction thatl think the DDA was going four or five years ago. If you just look - - here's a City -- here's a Miami Today article. Now the Chair had nothing to do with this, most of the board had nothing to do with this. They entered into a lease in 1996; they then renewed it a number of years later in 2003. There may have even been some possible conflict of interest, but they have a lease that saddles them with more than $21, 000 a square -- a month rent, and it's - - can't change under a legal situation because it's obviously a contract. So while I would wish that they would just break their contract and somehow head down to the first floor, which is where I think they belong, they probably legally cannot do so. And as far as their salaries go, they were a top-heavy organization. They were an organization that had quite a few benefits, that they're doing away with some of these benefits. They're doing away with some of these salaried people that really were not pulling on the right end of the rope, andl think we should give them one more opportunity, andl mean just one more, to see how far they turn this ship around in one year so they can come back with deliverable goods, deliverables. Andl think you're going to have to create a deliverable situation for this Commission. Because the folks on Brickell have had it, and there are other parts of the City that just don't think the decision that I'm going to recommend we make -- that we sustain. You have to show us that you are -- you've turned the ship around and you're moving in the right direction. You know, whether -- I don't know that agree with Commissioner Regalado because I happen to be more of the carrot -stick approach, andl happen to believe that you give people the opportunity -- there is a facade program, and I'm amazed at the facade program they have, Commissioner. They will fix your front of your building -- if you live in Iowa and you own land in downtown Miami, they'll fix your facade for you. So here you have an absentee land owner, he'll have his facade fixed The shutter program, they'll even give you new shutters. As long as you put hurricane windows in, they'll put new shutters in. So these programs exist. I happen to don't necessarily believe in them. I happen to be the guy that thinks Code Enforcement needs to go out there, but somewhere between my way of doing things and maybe your way of doing things, there's a marriage in the middle. And you go out there and you educate and you give the people the opportunity. But then the journey of a thousand miles starts somewhere and you start code enforcing. Because the end of the day, you have a great many absentee landlords that really don't care, that need to face one fact in the City ofMiami. Everyone that owns a business in the City ofMiami has an obligation to not only the citizens ofMiami, but to the person next to them so they maintain the storefront, they maintain the street, and they make this an attractive place for all of us to live. That is an obligation that everyone in the City ofMiami has from a business level, and I'll suggest to you, from a resident's level. And it's an obligation that all too often we don't take to heart, whether it's our busy lives or the fact that we don't care. So I suggest to this Commission that we give them this last opportunity, we give them this chance to turn the ship all the way around. And with folks like Jay Solowsky, with our new director, with our new assistant director, give them the rope necessary to pull the tug around and finish the job that they started. City ofMiami Page 95 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: All right. Let me take the opportunity just to state something. I disagree with the Commissioner Regalado's premises and I'll leave it at that. Let me just state that that ship has a captain andl am the captain of that ship at the DDA. Basically, this Commission appointed me as Chair. I am blessed to have the board that work with, with the interim director and the assistant director and the staff at the DDA. If you have not noticed or seen both on the policy aspect of it, the transition of the board and the improvements in downtown, I believe either you're blind, and along with being blind, you're deaf. We have worked diligently for the last year and a half bringing transition to the DDA. The only thingl agree with the statement that Commissioner Regalado has made is that downtown has been neglected for a hundred years. And let me just state this. The DDA, with a budget of $4 million, in this case, 4.7, based on a 95 percent, isn't enough to address all the issues in downtown. And the burden, andl repeat, the burden should not fall on the DDA. How we've been able to accomplish what we've been able to accomplish today with that money, not just alone in downtown which, at one time, it was just focused on downtown, really it's downtown and Brickell. I'm amazed how we -- now I can't speak for the past because when I got there, I didn't believe on the philosophy of development. However, development came, they took it, they presented it, and downtown today is going to have a lot of residents moving in. But I could tell you this much. The first budget that I had -- andl could tell you that -- the interim director is not here andl could say about 70 percent of the board was not there because we made changes, positive changes. We've focused on the highest percentage of the budget going out to the streets 'cause my philosophy is improving the quality of life which improves the perception of downtown. However, we need it to work with all the partners. And I'm proud to say that today, after a year and seven months, we have everyone at the table, and you should know that better than me because at the last CRA (Community Redevelopment Agency) meeting, we voted on two resolutions to work with the CRA and the DDA to implement two programs that came out of the DDA, the DET (Downtown Enhancement Team) team service, which does an outstanding job in downtown of maintaining our sidewalks and streets clean, and our ambassador program, which I brought forth from Jacksonville. Do we have problems? Yes. Are we going to solve them? It's going to take some time. Rome was not conquered in one day, but we have made significant improvements. Now, the last budget at the same time, we were in the same situation, and one Commissioner voted against the increase of the .05. All that did was take away half a million dollars that could have been used for facade programs, for beautification programs, to assist the merchants in downtown and improve the quality of life in downtown. Why? 'Cause let me tell you something. Downtown is our economic engine, whether we like it or not. We're a young city, but compared to other cities, this is a city that needs to have a downtown that's 24/7, especially with all the money that we're investing in downtown with the mega plan, if it gets approved. So I think that we need to start being a little more positive and focusing on giving people an opportunity and not focus on taking opportunity away from people. I could come back and give you a report and I implore with the Administration and DDA staff to provide each Commissioner the progress and all the things that we're doing at the DDA. I see no reason, unless it's for political reason or selfish reasons, for this Commission not to approve this millage increase. Thank you. Commissioner Regalado: Mr. Chairman, ifI may? Chair Sanchez: You're recognized. Commissioner Regalado: When I met with both of you and your assistant director, I told you that it was -- for me, it was important that you came in. Now, I am not blind, I am not deaf I have no political agenda against downtown Miami. Actually, I didn't vote against the budget the other day, so people are misinformed. I wasn't here. And the reason that I wasn't here -- nobody can tell how I was going to vote. So whoever said that one Commissioner voted against is misinforming the people. What I think is that we should give you a chance. I agree with Commissioner Sarnoff, who is the district Commissioner, that you should have one more chance. And it's true, the DDA cannot do it all alone. But let me tell you something. I was the one that asked for an audit of the DDA. And thank God for Victor Igwe because he discovered what City of Miami Page 96 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 RE.12 08-00744 Bayfront Park Management Trust many people didn't see or didn't want to see. And it was an era of misspending, of high salaries and office -- and breakfast of $20, 000, it was wrong. And this is what made the people, until he left and you came in, not to trust in the future of DDA. DDA cannot do it alone. DDA has gotten $40 million or something like that, but it has given the City downtown $400 million in taxes and never the City has responded to it. So I just think that we should give you a chance. I think that we should work with you hoping that you would listen to the rest of the members of this Commission. In the past, actually, I never had a briefing from the other director, maybe because he thought it wasn't necessary, although, a vote counts. So I just hope that we can all work together for downtown. I am -- but I think that we must remember that things were done wrong in the past and because of that, this is what we have in downtown Miami. It's not about -- just forget the past because, you know, if we were to forget the past, there will not be an international war tribunal in the (UNINTELLIGIBLE) because forget the Nazis and forget the Bosnians and forget the genocide. It didn't -- it just happening, forget it, let's move on. So I will support your - - andl will join Commissioner Sarnoff, the Commissioner of the district, in telling you that you really deserve one more chance and -- Commissioner Gonzalez: Call the question. Chair Sanchez: All right. The question has been called. 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, 5/0, the resolution. Priscilla A. Thompson (City Clerk): As modified Chair Sanchez: As modified. Thank you so much. Ms. Robertson: Thank you so much. I appreciate your support. Chair Sanchez: Before you leave, let me take the opportunity to once again praise the staff and put on the record that I would say 75 percent of the board members, including myself and two or three staff mem -- two staff members, including yourself, as the interim director, and the assistant, have inherited a lot of that, as I say, a bucket of donkey dust, all right, but we will work and we will correct it. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION , WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER AND THE BAYFRONT PARK MANAGEMENT TRUST TO EXECUTE A MANAGEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH LIVE NATION WORLDWIDE, INC., FOR THE PURPOSE OF MANAGING AND OPERATING THE BAYFRONT PARK AMPHITHEATER. 08-00744 Legislation.pdf 08-00744 Exhibit.pdf 08-00744 Exhibit 2 SUB 08-00744 Memo.pdf 08-00744 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City of Miami Page 97 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 R-08-0457 Chair Sanchez: All right. Next item on the agenda is the Live Nation Worldwide, Inc. agreement. Tim Schmand: Good afternoon, Commissioners. Tim Schmand, Bayfront Park Management Trust, 301 North Biscayne Boulevard, Miami Florida. We're here today to ask for the authority to execute a management agreement in a substantially attached form for a mana -- operation management of the Bayfront Park Amphitheater with Live Nation. The process for this began approximately a year ago when we issued an RFLI (Request for Letters of Interest) searching for someone to enter into this agreement with. We had two respondents. We had a review committee, and Live Nation rose to the top. Subsequent to that, we negotiated an agreement with them, which was approved by the board of directors of the Bayfront Park Management Trust on June 23, 2008. The agreement before you today has the potential of running 20 years with a ten year term and then two five year renewable terms. The total revenue to the City and the Trust would be about 20 million or -- yeah, $20 million, so if you have any questions about it, I'm available to answer them. Commissioner Sarnoff. So move. Vice Chair Spence -Jones: Second. Chair Sanchez: Okay. Vice Chair Spence -Jones: Discussion. Chair Sanchez: There -- hold on -- there's a motion and a second. The item is under discussion. Who wants to address the item? Vice Chair Spence -Jones: Did you have a ? Commissioner Sarnoff. No. Go ahead. Vice Chair Spence -Jones: Okay. Chair Sanchez: Commissioner Regalado, you're recognized for the record. Commissioner Regalado: Thank you, Mr. Chairman. I just want to say that I think it's a great deal. I think that if we were looking for a company that could take charge of a venue and bring people important, people of the arts, we would choose Live Nation. They are a global company. And l just -- My only concern is not the company. It's not about you. It's about the timeline of the permits of the City ofMiami because we don't have a very good track record in terms of complying with what they want, andl understand what they want; I read the contract. They want to start right away. They want to do whatever they need to do right away so they can start booking and bringing people to Miami. And so my only concern is that that clause in the contract that they can walk away if they cannot get all the permitting to do what they need to do, so for that we turn to the Manager because it will be a shame to see a company that, by the way, has hundreds of talent signed throughout the world and that -- and they combine the tours with dates, so if they were to miss the construction timeline in Miami, the whole tour goes haywire, if that is what understand. I have done a little marketing myself. So the question is not for you or for Live Nation. I think it's great. It would be for Manager. That's my only concern. I know that you guys are going to bring the brightest and the best, andl know that, you know, Bayfront Park is going to shine because even you that I know that you understand marketing and promotion. I mean, you cannot take care of the garbage in Bayfront Park and the lights and the marquis and then do the booking too, so I think that this is a great deal for the City ofMiami, for Bayfront Park. I think that now, you know, we are going to see, by the way, Bayfront Park City ofMiami Page 98 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 advertised in all the media outlets that we have here in South Florida, but my point still is the problem with the timeline. Mr. Schmand: And, you know, I'm an optimist; I work in a park, and it wasn't the Bayfront Park Management Trust that got us to this point; it was the City Attorney's Office that got us to this point, and it was the Procurement Department that allowed us to start this process, so I come to this with a high level of optimism towards the completion of the permitting process. And any time that I've asked the City for assistance with this project, they've been there for us, and I'm optimistic that they will be in the future. Pedro G. Hernandez (City Manager): Commissioner, ifI may. I have a lot of pride. I've worked now for a couple of years with our Building Department. I'm going to issue them a challenge. If they give me a good, quality set of plans, it's assure [sic] you have the permit, no question. Unidentified Speaker: No problem. Chair Sanchez: Straight from the horse's mouth. Commissioner Regalado: Yep. Vice Chair Spence -Jones: The horse himself. Chair Sanchez: All right. Vice Chair. Vice Chair Spence -Jones: Yeah. The only thing that -- again, hands down for me -- I mean, us having Live Nation in the City ofMiami, to me it's going to be outstanding, so -- I mean, just knowing what you guys represent and what you bring to the table, we're definitely in store for a lot of greatness. I know the talent. I mean, I don't know if most of the people know, you know, the artists by listening to, you know, the Commission meetings, but just the talent you have on your roster alone, you know, I'm sure we're going to start seeing those seats filled; so that's -- that was never the question for me as to whether or not you guys could do the job. I want to commend, though, at the same time Tim for his leadership at Bayfront Park and his whole team for doing an outstanding job, and Veronica for listening to me over and over again about two key issues that I had in the agreement. And I'm glad to hear that Live Nation is open to, you know, the changes, and they were just two small things. We hammered away the rest of them. The first thing is something that my colleague here was arguing back and forth, and we all were talking about, and that is us losing in the City ofMiami the venues that we have, OB, Orange Bowl, Coconut Grove and now Bayfront, okay. So for me, my concern was, you know -- so, you know, our local communities would not have the opportunity to utilize the facility, only events in which Tim or Bayfront Trust actually presents within the space, but that was cleared up. And my only concern really wasn't about us being able to do events, but if there was a, for instance, tragic fire that took place, like I had in -- at one of the facilities -- or housing facilifies I had where like ten families were burnt out and -- or either a major hurricane happen in Haiti or another island in which we support, would we be able to utilize the venue to help raise money for those victims; andl know that the way the clauses were written, it was kind of like if it's celebrity or anybody was attached to it that's already part of Live Nation, that they could not come into the space, andl had a serious concern about that because Miami is a second home to a lot of well-known celebrities that live here, that support causes, andl just did not want to be in a situation where we would not have that option. But I'm glad to say -- right, Veronica? -- we were able to work through that, andl just want to make sure that we actually put that on the record. It's not like we'll be using it all the time, but if there is a major issue that came up, then we'd have the option of doing that. And then the second thing for me, which was -- I guess we were tugging away at this until about an hour before we got in here, and that was the small business participation, and that's something that the Chairman was talking about earlier; andl understood, you know, your concerns about Live Nation, but for us, if we do not push for the City ofMiami Page 99 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 small business folks in our communities to benefit from, you know, you having a wonderful concert take place and them being able to come and vend or come and you know, just share in any of the benefits from it, then we're not really doing our job, so I'm glad to know that you were able to at least make a commitment to the small businesses from -- you know, at least from the City of Miami. Broward County, Dade County and West Palm Beach, which I know you guys do a lot of business in, that's great; but for us, we're really only concerned about the City ofMiami residents that have small businesses. And Tim, you know that there are a lot of small businesses, when these little concerts and festivals come, they're there, they're in the space, they're utilizing the space, so I just want to make sure that they're going to still have the same opportunities, you know, by including this. So if Ms. Veronica can at least put those items on there to make sure that we're really clear about that before that, andl -- once again, I second it because I support it. I just wanted to make sure those items were included. Chair Sanchez: Is that the item I have some concern with? Veronica Xiques (Assistant City Attorney): Commissioner, yes. We have three changes; two of which were -- Vice Chair Spence -Jones: Oh. Ms. Xiques: -- addressed by Commissioner Spence -Jones. If you would like for me at this time to read them into the record, I'd be happy to do so. Vice Chair Spence -Jones: Okay. Ms. Xiques: The first change -- and I'm going to go in order of the agreement rather than the order that the Commissioner is mentioning. The first -- Vice Chair Spence -Jones: Okay. Ms. Xiques: -- change is found on page 11, which is 2.4(a) (v) -- I'm sorry, (iv). That's the clause the Commissioner was addressing in regards to the charitable use. That particular clause has been changed to include any charitable concert which is promoted by Live Nation on behalf of the City or Trust on terms mutually agreed upon by the parties. What that does is it allows, as Commissioner Spence -Jones was discussing, the City and/or the Trust to decide that it wants to proceed and it wants to have a charitable concert whether it be a local act or an established act that will put on the show, and Live Nation and the City will work out the terms; and we can now do that through this concession that Live Nation made. The next change is a change to 15.5(c), which is the Force Majeure insurance clause. The change has -- initially that paragraph required that the City -- it allowed the City to have a one-year time frame in which to fix the facility should a catastrophic event take place. With the change that we've made, that time frame is now extended to two and a half years, which is a substantial amount of time that Risk Management has approved and recommended. So it -- now it reads "In the event of a substantial damage to or destruction of the facility by reason of fire, storm or other casualty or other regulatory action that, in either case, shall render a substantial part of the facility inoperable for a period of at least 30 months or in Live Nation's reasonable opinion, the facility can no longer be operated in a reasonably profitable manner as a result of the damages or action for a period of at least 30 months from the happening of the fire or other casualty, either party may terminate this agreement upon written notice to the other. Upon any such termination, Live Nation shall receive an amount of all insurance proceeds as applicable that the Trust receives for the facility. Termination of this Section 15.5(c) shall not be deemed a termination at will as set forth in Section 13.1(b). " Live Nation's obligations during the period which the facility is inoperable as a result of the fire or other casualty, shall be abated. And finally, the third change is to paragraph 15.18, on page 37. This is the local small business preference commitment. It now reads, "Live Nation recognizes the desire to utilize local small businesses whenever possible to City ofMiami Page 100 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 the extent it is reasonable and commercially feasible under the circumstances. Live Nation hereby acknowledges and agrees to establish a policy pursuant to which it will endeavor to the hiring of not less than 15 percent of subcontractors that are qualified local small businesses, to the extent it is reasonable and commercially feasible under the circumstances. Live Nation shall provide the Trust's executive director with a quarterly report of such hiring." These three changes embody most, if not all, of the different requests that we had from the Commission and address most, if not all, of the Commissioners' individual issues with this contract. Chair Sanchez: All right. Any other discussion on the item? Vice Chair Spence -Jones: No. I would like to hear from Live Nation, if -- is there anything you want to put on the record? Neil Jacobsen: No. I just want to say it's been a tremendous process. We really think the location right on Biscayne Bay -- my name is Neil Jacobsen, the president of Live Nation, Florida. And Veronica, Tim and the whole team's been great. We really look forward to having a very successful (UNINTELLIGIBLE). Everyone's been really supportive and fantasfic, and we've really enjoyed everything. Chair Sanchez: All right. Anything else? If not, let me just take this opportunity to say that it has been gruesome to put this together. It's got my fingerprints all over it because I was the chair at the Bayfront Park, and then of course now Commissioner Sarnoff is the chair there. But let me take the opportunity to praise certain people that deserve to be praised. That's Tim Schmand for having not only the leadership at the Park to always be thinking outside the box as we at the Park are facing some financial hard times. And then the other one I want to thank is Veronica for her legal expertise on this. 'Cause I mean, this is a contract that she's put forth in negotiating with them, and there's been some issues with it, but they've been worked out. I did have a problem with one of the issues; it's been corrected, so I'm not even going to address. But I do want to focus on the importance of this contract for the Park, now that I'm no longer there as the chair, but I still care very much about the park. You have to take into consideration that the park in itself just lost a balloon, which was -- although we did not lose any money with the balloon. I mean, we had it all set aside, insured where if they left, we were able to get the money back. That was something that we did where we didn't lose a penny, but we lost the casino ship, and that was a big ticket for us at the Trust. You have to understand that the money that that Trust generates from the private sector, it's not money that the -- we have to take out of our general fund and give to the Park. The Park had done so well for the last ten years that at one point, it was coming in front of this Commission and giving half a million dollars, a hundred thousand dollars to each Commissioner for park projects. Here's a Trust that was taking money out of their budget and putting it back in the City. So we're lucky this year coming up because we have Cirque du Soleil coming back, but then, after that, I think the Trust would have been in some unstable finance. So when this opportunity came around, we looked at other cities that have contract with Live Nation. This is a good tract -- good contract for the City. If everything works well, as I anticipate it will, within 20 years it could generate the Trust close to $20.3 million, partnering up with Live Nation to be able to bring in top talent entertainment to our city that's going to benefit the local businesses because these people that go to downtown are going to eat at restaurants in downtown and visit downtown. So I think this is a win -win situation, and I want to take the opportunity to praise everyone who worked very hard to get this done and present it to us finally for a vote of approval. It is good for the City. It's good for the Park. And it's certainly good for Live Nation. Vice Chair Spence -Jones: All in favor? Chair Sanchez: So having said that, I think -- Commissioner Sarnoff. Can I say something? City of Miami Page 101 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: Yes, sir. Commissioner Sarnoff. Okay. I just want to say that the former chair and now chair of our Commission left this place, the Bayfront Trust, along with Tim Schmand, in such good shape that they've left a $4 million capital improvement fund upon which this park will start to create foliage that probably the City ofMiami has never seen downtown, so it's through this Commissioner's stewardship, along with Tim Schmand -- andl mean Commissioner Sanchez -- that stewardship is about to bring $4 million of vegetation to a park in downtown Miami, andl don't think this City has ever seen $4 million of trees ever. Chair Sanchez: And I'm going to do the same with the DDA (Downtown Development Authority). All right, no further discussion on the item. The agreement is a resolution. Anything anybody wants to put in? If not, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." It passes, 5/0. Priscilla A. Thompson (City Clerk): As modified Chair Sanchez: As modified, yes, by the attorney. Congratulations, folks. Mr. Schmand: Thank you very much. Chair Sanchez: We look forward -- Ms. Xiques: Thank you. Chair Sanchez: -- to working with you to get this done as quickly as possible. Mr. Schmand: Thank you very much. Chair Sanchez: Who's going to be the first concert? Unidentified Speaker: We don't know yet. Chair Sanchez: You don't know yet? All right. Unidentified Speaker: Michael Jackson. Chair Sanchez: Michael Jackson. RE.13 08-00678 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Office PLACEMENT OF BILLBOARDS WITHIN PARK LIMITS AT FERN ISLE PARK, JOSE MARTI PARK, ROBERT KING HIGH PARK AND GRAPELAND PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT, AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. City ofMiami Page 102 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 RE.14 08-00772 City Manager's Office 08-00678 Legislation.pdf 08-00678 Summary Form.pdf 08-00678 PreLegislation.pdf 08-00678 Agreement.pdf 08-00678 Exhibits.pdf DEFERRED Note for the Record: Item RE.13 was deferred to the City Commission meeting currently scheduled for September 11, 2008. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN IN -KIND COOPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE MIAMI ECONOMIC DEVELOPMENT FUND, LLC ("MEDF"), TO PROVIDE IN -KIND SERVICES TO THE MEDF FOR, AMONG OTHERS, ITS APPLICATION TO THE NEW MARKET TAX CREDIT PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER DOCUMENTS NECESSARY FOR SAID PURPOSE. 08-00772 Legislation.pdf 08-00772 Exhibit.pdf 08-00772 Summary Form.pdf 08-00772 Table.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0451 Chair Sanchez: RE (Resolution) -- Vice Chair Spence -Jones: 14. Chair Sanchez: -- 14. RE.14. Pedro G. Hernandez (City Manager): RE.14 is -- Chair Sanchez: Well, RE.13 was be -- has been continued. Mr. Hernandez: 13 was deferred, sir. Chair Sanchez: Continued, not deferred, right? Commissioner Gonzalez: RE.14 is defer? Mr. Hernandez: No. Vice Chair Spence -Jones: No, 13. Commissioner Gonzalez: 13. Mr. Hernandez: 13; I'm sorry, 13. City of Miami Page 103 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Priscilla A. Thompson (City Clerk): Nine/eleven. Chair Sanchez: What? Ms. Thompson: I'm sorry. RE.13 was actually deferred to September 11. Chair Sanchez: Okay, so RE.14. Mr. Hernandez: RE.14 is a resolution allowing the Manager to provide in -kind services with the Miami Economic Development Fund for their application to the new market tax credit program. Chair Sanchez: Mr. Larry Springs [sic], always a pleasure to see you, my friend. Larry Spring (Chief Financial Officer): The Manager just read the item on the record. Mr. Hernandez: All right. This is just for authorization to use City staff in an in -kind forum to support the application by the Miami Economic Development Fund. Chair Sanchez: Okay. Why don't you elaborate a little bit more on this. Mr. Spring: I will. Larry Spring, chief financial officer. Commissioners, back in January 2007, this Commission passed a resolution authorizing the City Manager to take the necessary steps to establish a CDE, a community development entity, and apply for the next round of new market tax allocations. The City staff did so. We did establish the CDE, the Miami Economic Development Fund, and we have submitted an application to the US Treasury for $125 million worth of tax credits. At this time we're asking to memorialize the instruction of this Commission via a interlocal agreement between the City and the CDE for in -kind service supports by myself our staff the CityAttorney's Office to support that effort. Chair Sanchez: All right. Was there been a motion and a second on this already? All right. We need a motion and a second. Commissioner Gonzalez: I'll move it. Chair Sanchez: Motion by Commissioner Gonzalez. Commissioner Sarnoff. Second. Chair Sanchez: Second by Commissioner Sarnoff. Any questions, any discussion? Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff. Larry, what is historic basis? In other words, historically, what have we done with new market tax credits before? What is our history with this program? Mr. Spring: This is the first -- this is our first go at it. We do have -- I mean, I guess our history as far as tax credits are concerned are in the area of housing. You know, the state tax credit programs that the City supported through Community Development. But as far as a new -- this program, this is the City's first venture into the pro -- in this -- Commissioner Sarnoff. And how -- what about other cities across America, how long have they been in this program? Mr. Spring: The program has existed for about six years. I would say, probably in the State of Florida, the cities -- the City ofMiami is probably the first to actually enter into -- to create the City ofMiami Page 104 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 CDE. The City itself, as you know, could not benefit from it because we don't pay taxes. So you have to have this other entity. You have to have investors who pay for the credits. And we have to have developers who have the necessary projects that would qualin, in order to take advantage of the credits. Commissioner Sarnoff. And without getting too deep into this. I'm just curious, if this program has been out there for six years and if what I'm hearing is correct, Florida has not really participated -- Mr. Spring: Correct. Commissioner Sarnoff. -- in this program, why is that? Mr. Spring: You know, it's interesting you ask that question. I was in DC (District of Columbia) last Monday meeting with Congressman Meeks' office and asked the very same question. The entire state has -- no one has thought to take advantage of it. Oversight by every economic development department in the entire state, I really don't know. There have been private entities who have applied and used Florida as their -- part of their area to do projects. And you know, currently, right now we talked to some of those entities, like Enterprise Community is one of the major ones. But just oversight. I mean, I'd have to commend our Economic Development staff the day they walked -- you know, and Lisa Mazique, when she walked in here, this was one of her first recommendations. So we have moved forward with it. It's taken us this much time to get it up and going. I went to DC to advocate with our local delegation to provide support and -- to the US Treasury and to also support the 2009 extension of this program, which will be up before Congress some time this summer. So we're here poised ready to move forward with it, and we're just asking for the Commission to support the in -kind service. Commissioner Sarnoff. Thanks, Larry. Chair Sanchez: Larry, I realize that small businesses could benefit greatly from this tax credit. I have some questions I wrote down that I think are very important. First of all, I think that there are numerous contracts that we are going to be giving the City Manager the authority to negotiate. Andl think that we need to have clear parameters as to what it is that we want the City Manager to do on these contracts. Pertaining to this one, who are the board members of the Miami Economic Development Fund? Mr. Spring: Currently, the board members are Mayor Manny Diaz, George Mensah, the director of Community Development, Lisa Mazique, from City Manager's Office, Clarence Woods, from the Community Redevelopment Agency, and Koteles Alexander, from Commissioner Spence -Jones District 5 office. Chair Sanchez: Okay. The next question is, how is the City protected from being financially liable if a tax credit recipient fails to comply with the rules and regulations? Mr. Spring: Well, the CDE is a separate legal entity, so a corporate veil, if you will, has been established -- an appropriate corporate veil has been established between the entity and the City, notwithstanding we do -- the City is the 99 percent owner of that company and the CRA is the 1 percent owner of that company. But a corporate veil has been established. Chair Sanchez: And what assurance do we have that this project is going to reach out to the diverse community? Mr. Spring: It is the requirements of the program. These allocations cannot be used in any other areas except for low-income census district areas to support businesses in those areas and to support people who live in those areas. City of Miami Page 105 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 RE.15 08-00857a City Manager's Office Chair Sanchez: And then the final question that have on this, what type of document or reports will be given to this Commission to keep a track of the progress to make sure that the process is working and it's reaching out the entire community? Mr. Spring: At this point, the sky is the limit. We can establish that right now. You know, at this point, all we have done is establish the legal entity. You know, we've done the minimum necessary things that we needed to do in order to make the application. If you want us to have a quarterly report sent out, we will do so. If you want a monthly update to the Commission, we will do so. You know, whatever you would like to direct the -- Chair Sanchez: Look, listen -- Mr. Spring: -- CDE to do, we can do at this time. Chair Sanchez: -- look, the -- Mr. Spring: So the sky is the limit. Chair Sanchez: -- only reason why I'm asking this [sic] questions is that although the agenda is pretty big, we did not have an ample opportunity to really ask thorough questions on this. And I'm bringing it out now. I think that we do have an opportunity to sit down with the Administration and really get a lot of the information. As a matter of fact, I always say that when we come up here to the dais, a lot of these questions -- you know, all we have to do is sit down with the Administration or sit down with the proper department and ask these questions and answer them. They were not answered; that's why I'm bringing them up now. The only thing thatl want to make sure is that this is being managed fairly and equitably to make sure that all the districts and all the small businesses in the City ofMiami could benefit from it. I think it's a great program, but I just want to make sure that we have those things. Mr. Spring: We can -- at our next established board meeting of the CDE, we can proffer a resolution to, I guess, confine ourselves to do something of that nature that we, you know -- if it's an allocation percentage or anything like that, we can consider. The thing to be mindful of we have to have a project with the developer ready to go in the particular districts. Every single district in the City ofMiami has a low-income census track in it. I would say 80 or 90 percent of the City in total qualifies. So we can just, via a resolution of the CDE, come up with a formula or come up with something to do so. Chair Sanchez: All right. No further discussion on this resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, for the record, RE.14, which is a resolution, was approved, 5/0. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING A GRANT TO THE MIAMI ART MUSEUM OF DADE COUNTY ASSOCIATION, INC. ('MAM"), TO SUPPORT THE DEVELOPMENT OF A NEW FINE ARTS MUSEUM FACILITY IN THE CITY OF MIAMI-OWNED BICENTENNIAL PARK, IN THE AMOUNT OF TWO MILLION DOLLARS ($2,000,000), APPROVED BY A REFERENDUM OF THE VOTERS IN NOVEMBER, 2001, AS A SPECIFIED PROJECT IN THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROGRAM; ALLOCATING SAID FUNDS, FROM SERIES 2007B HOMELAND City ofMiami Page 106 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROCEEDS, IN CAPITAL IMPROVEMENT PROJECT NO. B-78503, ENTITLED "MIAMI ART MUSEUM -BICENTENNIAL PARK;" DIRECTING THE CITY MANAGER TO INCLUDE IN APPROPRIATE DEFINITIVE DOCUMENTS, WITH MAM, THE CITY COMMISSION'S DIRECTIVES OF CONDITIONS TO BE FURTHER DETAILED AND ENFORCED, OF JUNE 14, 2007 AND MAY 22, 2008, COLLECTIVELY ("DIRECTIVES"), UNLESS SUCH DIRECTIVES ARE SUBSEQUENTLY WAIVED OR MODIFIED BY THE CITY COMMISSION; AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A PROJECT CO-OPERATION AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 08-00857a Legislation.pdf 08-00857a Exhibit.pdf 08-00857a Exhibit 2.pdf 08-00857a Exhibit 3.pdf 08-00857a Exhibit 4.pdf 08-00857a Exhibit 5.pdf 08-00857a Summary Form.pdf 08-00857a Master Report.pdf 08-00857a Pre Legislation.pdf 08-00857a MOU.pdf 08-00857a Exhibit A.pdf 08-00857a Exhibit B.pdf 08-00857a Exhibit C.pdf 08-00857a Exhibit C.pdf 08-00857a Term Sheet.pdf 08-00857a Pre Summary Form.pdf 08-00857a Master Report 2.pdf 08-00857a Pre Legislation 2.pdf 08-00857a Agreement.pdf 08-00857a Pre Summary Form 2.pdf 08-00857a Letter.pdf 08-00857a Project Costs.pdf 08-00857a Total Costs.pdf 08-00857a MAM.pdf 08-00857a File Report.pdf 08-00857a Meeting Jun 14.pdf 08-00857a Text File.pdf 08-00857a Text File 2.pdf Motion by Commissioner Sarnoff, seconded by Chair Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Sanchez Noes: 1 - Commissioner Spence -Jones Absent: 1 - Commissioner Regalado R-08-0452 Chair Sanchez: Moving on to RE.15. RE.15, that is the MAM (Miami Art Museum), granting the -- Vice Chair Spence -Jones: To MAM.. City of Miami Page 107 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: -- the grant to the Miami Art Museum. Okay, sir, you're recognized for the record. Roger Hernstadt: Thank you, Mr. Chairman. Roger Hernstadt, assistant City Manager. In accordance with the instructions received from the Commission at the previous City Commission meeting, this is the project cooperative agreement authorization for MAM to receive their allocation under the Homeland Defense bond program. We do have a suggested change in the 24th whereas clause on page 3 of 4, which would read -- the existing language reads, "in which MAM will agree to full the remainder of the directive conditions" -- and this is the new language -- "unless subsequently waived or modified by the City Commission" -- and continuing with the existing language -- "to be further detailed and enforced in the appropriate definitive documents." Vice Chair Spence -Jones: Okay. Guess I'm chairing the meeting now. Any comments from the Commissioners, at all, regarding this issue? Commissioner Sarnoff. No. I should say I do have a comment and that is that they have fulfilled their financial requirements. And l just want to ensure that part of the definitive document that we're going to be approaching is going to be soft costs of no more than 17 percent. Mr. Hernstadt: Yes, sir. Commissioner Sarnoff. And again, I'm approaching this from the fiscal responsibility angle. I know there are other Commissioners that are approaching this from different angles as well. But I want to make sure that Mlttvl has now abided by the fiscal requirement of the -- of being allowed to obtain the $2 million. But I want to ensure that part of the definitive documents includes -- I don't want a whole bunch of consultants hired, a bunch of architects where they get into a 30 percent. They cannot pass the 17 percent threshold, andl believe the County also put that restriction on them. Mr. Hernstadt: Commissioner, that is my understanding that the County's general obligation bond rules require no more than 17 percent for soft costs. Commissioner Sarnoff. Okay. Vice Chair Spence -Jones: Mr. Chairman, you're back? Commissioner Sarnoff. I spoke enough for you to come back. Chair Sanchez: All right. No, no, I just -- listen. The bladder could only hold so much. Okay. Vice Chair Spence -Jones: TMI (Too Much Information). Chair Sanchez: Do we have a motion and a second on this? Vice Chair Spence -Jones: Actually, we have a comment. Chair Sanchez: Well -- Vice Chair Spence -Jones: No, we don't. Do we have a motion? Commissioner Sarnoff. I'll move it. Chair Sanchez: Need a motion and second. City of Miami Page 108 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Commissioner Sarnoff. I'll move it. Chair Sanchez: There's a motion. Is there a second? I will pass the gavel andl -- Vice Chair Spence -Jones: That's why I want to -- Chair Sanchez: -- will second it. Vice Chair Spence -Jones: Okay. For discussion. I'd like -- I have a discussion. Chair Sanchez: Yes. Your discussion, you -- Vice Chair Spence -Jones: All right. First of all, where's the MA[ll folks? I know that I'm seen as the person that wants to keep fire on the MAtvl project and that totally is not the viewpoint. So I know that you guys have gone out of your way to visit my district and to try to, at least from the last meeting, create some sort of alliances because of my concerns with us spending this kind of money for a downtown museum that, quite frankly, I feel as though people from Liberty City, Overtown, Little Haiti, the areas in which I represent -- can't speak for another district -- you know, there was -- there's not enough proper outreach. So I want to at least acknowledge that you have been trying. Terrence Riley: Thank you. Vice Chair Spence -Jones: I haven't been as receptive, but you have been trying. So -- Mr. Riley: I should say my name for the record since I'm standing here. Vice Chair Spence -Jones: Yes, you can. Mr. Riley: Terrence Riley. And thank you, Commissioner. I live in your district. I'm going to be one of the neighbors at the Little Haiti Cultural Center. Vice Chair Spence -Jones: Okay. This -- the only comment that I want to really make about the agreement or about these $2 million is -- my briefing with Madam City Attorney regarding these issues -- there were several things that came up from the dais that day when we voted on or discussed the item, andl think it was about eight items. I know that what we agree -- what we are agreeing to today will allow the City Manager to go head [sic] and negotiate if we decide today the $2 million M4AJ can have. My only concern and the only reason that would vote no today is 'cause I would want to make sure those eight things, those conditions that we said on the dais, are included in the agreement. I want to also make sure that before the City Manager enters in any type of agreement for the $2 million, that that comes back in front of us and we're clear that those eight conditions were met. So my question becomes for the City Attorney, Madam City Attorney, do you feel confident in the eight items --? I know that Commissioner Sarnoff was -- items was focused on, I think, parking and also some financial issues, too. But mine were, you know, centered around small businesses, was centered around diversity and all of those kind of issues. And know that we're addressing them, Roger, with the community benefits agreement, which is not in place as of yet, but we will have a committee. My question is really for Madam City Attorney. Are you confident, do you feel secure with the eight items that have been addressed? Julie O. Bru (City Attorney): Madam Vice Chair, first of all, the way that this resolution is presented to you would have the Manager negotiating this agreement and executing the agreement. The agreement would not be coming back to you. So it is extremely important, if that is the intent and if that is what this Commission decides to do today, to be very clear about what the parameters are that you are giving to the Manager for the negotiations. So the City of Miami Page 109 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 agreement is not coming back to you. Now with re -- that's the way the resolution is being presented. Vice Chair Spence -Jones: But we -- as we sit up here, we can ask for that to happen, correct? Ms. Bru: Well, of course you can. Vice Chair Spence -Jones: Okay. Is that your recommendation, too, Madam City Attorney? Because when we sat down and went over this, I know your concern was those eight items, and some of them were met. First of all, you haven't even had opportunity to go through all of them, correct? Ms. Bru: Okay. Well, let me clarify something. What we have done at our Office of the City Attorney is to laboriously look through the minutes of the two Commission meetings wherein this Commission and various Commissioners at various times discussed conditions, directives that you would want to see in the final agreement. And we categorized them, and we've given you an outline of what we thought from the minutes and our interpretation of the discussion of what the issues were that you were directing that this agreement contained. Some of them we are being told now that have been fulfilled, such as the money that was going to be raised by the museum. Other ones are moot, such as the fact that some of these conditions you wanted to have seen them come back to you in the MOU (Memorandum of Understanding). The MOU has been executed and the conditions are not there. So to that extent, there're some things that have been resolved. There are some things that are still pending. For example, at the last meeting you created two committees. One of those committees is supposed to be working to give input as to what the community benefits agreement is going to contain. So we need to -- I think that you need to take the time today to make sure that you articulate the things that you want to see in this agreement so that the Manager has a clear directive of what he's authorized to negotiate. Vice Chair Spence -Jones: So does [sic] my fellow Commissioners have an issue with us making sure whatever those items are be --? I mean, is there a problem with it coming back in front of us and being clear? Mr. Riley: Can I make a comment? Vice Chair Spence -Jones: Sure. Mr. Riley: For instance, one of the issues is who pays for main -- Chair Sanchez: Mr. Riley, could you put your name on the record? Mr. Riley: I'm sorry. I did before, but I'll do it again. Terrence Riley, director of the Miami Art Museum. One of the issues that's on the table is who pays for the park. And there's been a directive that we would pay for the maintenance of the park. We understood it slightly differently, but that's not relevant. It's what you understand it to be because you can modifi, or add to that language any time you want to. Right now we spend about $750, 000 a year on our community programs. That is bringing kids to the schools. That is going into the neighborhoods, and that's our outreach for at -risk youth. I am looking forward to hearing your representatives' suggestions on how to expand those, transform those. That's exciting. If you tell me I have to up front take what could be $2 million a year off the table when it comes to talking about programs that the museum can really do for the community, I've just lost $2 million a year. And we all know that funding has limits. So if we never get to the benefits agreement because this vote is delayed -- and we won't get to the benefits agreement if this vote is put off. I mean, sooner or later we just can't go forward Vice Chair Spence -Jones: Mr. Riley -- I'm sorry, Mr. Chairman -- I don't think the vote's going City of Miami Page 110 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 to be put off. What I'm simply just saying or recommending is that whatever those items are, based upon my City Attorney's recommendation, is that -- of course, some of those items are probably going to be mute [sic]. Some of those items we're not going to be able to do. They were thoughts that we had on the dais that we thought were important for our districts. I mean, I'm expecting for my City Attorney and my City Manager to come back and say, you know, that is the case. I just do not feel comfortable with just putting it in the hands of the City Manager. As much as I love him and I think that he would do the right thing, I would prefer -- if I'm representing the District -- District 5 and the residents, I would want to make sure that knew what was in the agreement before the City Manager signed off on it. That's it. Is that a problem? You guys can continue to do what you need to do. Mr. Riley: But no, no. We do have a problem. Andl hope that, at the end of the day, all five Commissioners recognize that the museum itself is a benefit to the community. And you know, in the past have cringed every time one of you has compared us to the PAC (Performing Arts Center). Couldl make -- take the opportunity to do that just now? Vice Chair Spence -Jones: Mr. Riley, again, I thought I put it on the record. Again, for the second time, I'll do it again. I don't think that anyone's not going to vote on the item today about the money. I don't think that that's the issue. I'm -- and I just said to you two seconds ago, prior to this, that there're going to be some items out of the eight items that are mute [sic], some of the items that we cannot do. We understand that. Mr. Riley: Commissioner, the -- Vice Chair Spence -Jones: But I'm expecting for my Manager and my City Attorney to let us know that. Mr. Riley: Commissioner, I think it's evident that until the extension of the CRA (Community Redevelopment Agency) is determined, no one will even know what the park is going to look like. I can't commit any of my donor's money to the cost of maintaining a park that are completely unknown. Now -- Vice Chair Spence -Jones: Mr. Riley, I've said it -- I'm going to say it again for the third time. That was one of the items probably out of the eight, right? Mr. Riley: Yes. Vice Chair Spence -Jones: I'm expecting for my City Manager and my City Attorney to look at whatever those items are to let us know if they're realistic. I'm not saying we're going to have to agree to all eight of them. I'm not saying the agreement won't take place. I just want to make sure they are considered. And before we actually -- any money's expended on it, I want to make sure I know what's in the agreement before we give you a check. Is there anything wrong with that? Mr. Riley: No, Madam Commissioner. Chair Sanchez: Okay, Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. I think it's important what we're doing here. What we're doing here is -- because August is a vacation month. And because there are time constraints and because projects should move forward, what we're doing here is giving the Manager the whole authority to not only negotiate but execute an agreement that would be forever. We're talking decades of the museum existence. What do not understand -- and maybe one of those City dealers can explain it to me -- is, okay, we are moving forward with this agreement, $2 million. That's what the voters approve. I don't think that there is a problem, at City of Miami Page 111 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 all, that we should release the money because they have shown, at least that's what I heard, that they have the money for construction and that was the main condition for the monetary part. Now, what I don't understand, the Manager the other day sent us a memo, please appoint the members of the public benefits committee because we want to have to -- we want to have the first meeting on August 1, I think it said, the Manager's memo. And I did. And the Manager already has my appointment. Now, what don't understand is what are you going to do with the suggestions, recommendations, or directions of that committee if we will never be able to discuss or vote in one of -- in one or any of those ideas. Mr. Riley: Commissioner -- Mr. Hernandez: Commissioner, with reference to the community benefits committee, the reason that we want to create it as soon as possible is for them to have enough time to meet as many times as needed and provide input towards the development of the lease that will eventually be coming back to the City Commission for approval. So in essence, it's important that we have the community -- the benefits committee get together, work with City staff so we can take that into account -- Commissioner Regalado: I -- Mr. Hernandez: -- and make it -- Commissioner Regalado: -- understand -- Mr. Hernandez: -- part of the lease agreement. Commissioner Regalado: No, I understand that. I understand that. What I don't understand is the timeline here. You are asking for authority to negotiate, which is fine, and also to execute. Why? Mr. Hernandez: Well, let me see ifI can provide my -- Commissioner Regalado: No. And -- Mr. Hernandez: -- interpretation. Commissioner Regalado: -- the question I'm asking is very simple. You just said that they -- that you want them to meet as many times as possible. Mr. Hernandez: Yes. Commissioner Regalado: That is important. But the question is, what is the timeline between your negotiations, their recommendations, our input and the final product? Why would the word execute has to do with that if we eventually will have to approve? So what I don't understand is why are we giving you all the authority to -- for you to set the condition? Because what you're taking here are ideas that you will be sitting in a table to negotiate. They might not want it or they might want it. And the County has a say in -- on all this. So I just don't understand what is our role and the committee's role. Mr. Hernandez: Okay. I'll try to clarify my view of this thing. The item that you have before you today, if you approve it, it gives me the authority to, in essence, execute an agreement with Mitivi that will allow me to reimburse them for costs up to 70 percent of the $2 million grant that is supposed to be going to them because they have fulfilled their two financial commitments, which is the pledge and the money or the cash at hand. The other directives are to be included as part of the definitive agreements, andMlttvl is committing to fulfill those directives as part of City of Miami Page 112 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 the future definitive agreements, which include the lease, the operating agreement, the maintenance agreement, et cetera. The community benefits committee comes together and provides input that will be used in the development of the lease, which will then come back to you, I think, it's in October. So if we start having meetings of the benefits committee in early August, we should have at least a good six weeks where they can review and provide input before we finalize the lease that will come to you in October at the earliest. But in the meantime, if they submit eligible costs, I should be able to pay them out of that $2 million grant, separate from the community benefits meetings and recommendations with respect to the lease. Commissioner Regalado: Right, andl understand. But also understand that the $2 million are our leverage plus the land and in order for them to comply in the future with all the conditions that the committee and the Commission through the committee will set on them. Because once you release the two million, we just finished our economic obligation. Now, it's the land at -- what is at stake, right? Mr. Hernandez: Not totally, Commissioner. Because all could pay for would be eligible expenses, and what they have right now is mostly soft costs, which are capped at 70 percent -- 17, which means that the most I could pay them would be $340, 000. The remainder is going to be available, I would say, even through our negotiations and your final approval of the lease and any other definitive agreement. Ms. Bru: I just want to clarify that the lease would not with the City ofMiami; it would be with MSEA (Miami Sports and Exhibition Authority). Commissioner Regalado: I under -- and that was my other point. Because see, what we're doing here today, the -- is the exit of the City Commission in anything that has to do with the museum. This resolution is the exit of the City Commission. For those of us who sit on MSEA, it will be another hat. But my point -- that was my point. I was trying to reach to that point. The point is that as a City Commissioner, today is the last time that we deal with this museum because the museums and the land do not belong to the City Commission; it belongs to MESA. Mr. Hernandez: To my understanding, Commissioner, is that this City Commission still would have to approve the documents that would transfer the land to MSEA. So you have -- Commissioner Regalado: Well -- Mr. Hernandez: -- the most significant opportunity coming before you at some point in the future. Commissioner Regalado: You know, I don't have a problem with the $300, 000 and the cap on the soft costs, but do have a problem on the timeline and the committee and the public benefits and MSEA and everything that is so convoluted that it's very difficult to understand, but that -- Mr. Chairman, that's all. Chair Sanchez: Anyone else on the item? Just brief and then I believe there is a motion and a second. Commissioner Sarnoff made the motion. I second it. And you're chairing. You want me to yield to you? Vice Chair Spence -Jones: Yes, just yield it. I just want to be very clear because I'm not trying to be unreasonable. Is there a problem with the City Manager, the City Attorney, getting together - -'cause, quite frankly, I think the City Attorney needs to be involved in the negotiations. Is there a problem with the two of you guys getting together to make sure whatever those items are are addressed? And if we can't, for whatever reason, then you brief us. Is there a problem with that? City ofMiami Page 113 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Ms. Bru: I just want to make clear andl want to understand what this Commission is directing us to do. Is it okay with this Commission for some of those conditions that we have outlined and expressed, which I gave to you in a little term sheet, for those conditions to be part of other documents, subsequent agreements, such as the lease or the operating agreement? Would that be okay? Or do you require that those conditions be part of this project cooperation agreement? That's my specific questions 'cause I need to understand that clearly. If it is okay to place those conditions, such as who's going to pay for the maintenance of the park, you know, the actual community benefits agreement, if it is okay to put those conditions in a subsequent agreement, such as the operating agreement or whatever the lease says between the parties, then I need to understand that. Commissioner Sarnoff. That'd be my recommendation. Ms. Bru: Okay. Chair Sanchez: All right. Any further discussion on this? Vice Chair Spence -Jones: Who's chairing? Are you chairing or me? Chair Sanchez: You are. Vice Chair Spence -Jones: Oh, okay. So I should be asking that question, right? Chair Sanchez: Ask the question if you want. Vice Chair Spence -Jones: I'm not finished with my questions. Chair Sanchez: Okay. Vice Chair Spence -Jones: Thank you. Chair Sanchez: I apologize -- Vice Chair Spence -Jones: No problem. Chair Sanchez: -- Vice Chair. Vice Chair Spence -Jones: I'm just waiting for -- Chair Sanchez: JC. Vice Chair Spence -Jones: No. I'm just waiting for -- Madam City Attorney, it Robin finished? Going -- okay. My only -- again, my only concern is really the $2 million. I mean, at the end of the day, I just want to make sure whatever the agreement is for the $2 million, whatever items can be included, please brief us to let us know; whatever can't be, please brief us to let us know. I just don't want to see the City Manager taking the $2 million and agreeing on something and, quite frankly, that's not what this Board has put on the record that we wanted to see happen. So am I to understand that this agreement, no matter what, is still going to come in front of us -- come back for us once you've negotiated and done what you had to do. Is that correct, Mr. City Manager? Mr. Hernandez: Commissioner, there's not much to negotiate. It's the way it is here. What this means is that they've complied with the two financial commitments and that the other directives will be part of the other definitive agreements which will be coming back to you some time in October, November, which is the lease, maintenance agreement, operating agreement. This, in City of Miami Page 114 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 essence, allows me to pay on eligible expenses to a cap of 70 [sic] percent of soft costs. That's it. Vice Chair Spence -Jones: That's it. Okay. All right. I mean, I just -- Commissioner Sarnoff. Andl -- Vice Chair Spence -Jones: -- have my concerns in the end as to whether or not, you know, the commitments are really going to take place. I just get so tired of people telling you when they're trying to get a vote or get something done, they go out and do everything you need for them to do, and then once they get the money or the contracts or the agreements, you don't hear from them again. That's my problem. Mr. Hernandez: Right, but you have an opportunity, Commissioner, because through the community benefits committee, they will be having their input with staff in the negotiations of the lease, which are the ones that will contain all the other directives that they're committed to comply with. And they will be coming up to you back in probably October, November at the latest. Vice Chair Spence -Jones: Okay. All right. Enough -- Mr. Hernandez: So you have control. Vice Chair Spence -Jones: For me, I've had enough discussion on the item. Commissioner Sarnoff, I'll yield to you if you have a question. Commissioner Sarnoff. I just think it's important for Terry Riley to acknowledge thatMlttvl has and raised $120 million referred to in the MOU so that, you know, everybody knows that. Chair Sanchez: And clearly state on the record that you clearly have made the two financial commitments -- have met the two financial commitments. Mr. Riley: We have raised over $42 million in pledges and we have over $11 million in cash received. Just to put that in perspective, we've raised -- and we have $100 million from the County. So we have more than enough money to build the building and the sculpture garden around it. In fact, if you're just talking about the building, we have a $15 million cushion. I'd also like to point out that that's more money than the PAC (Performing Arts Center) raised in 17 years. And may I ask for one clarification? Vice Chair Spence -Jones: Sure. Mr. Riley: The County regulation is that you cannot use your bond money for more than 17 percent of soft costs. Seventeen percent can only be used for soft cost maximum. This bond money can only be used for soft costs by law. It was passed for planning, not hard costs. Commissioner Sarnoff. I merely -- my only point in suggesting to you and bringing up the 17 percent is, number one, so that the citizens know that and thatl want to be clear that soft costs include consultants, sub -consultants -- Mr. Riley: Sure. Commissioner Sarnoff. -- consultants of brother -in-laws [sic], sub -consultants of brother -in-laws [sic]. It's just that this place has a history of people somehow latching on and creating these subcontracts and subcontractors, and all of a sudden, somebody says, well, we built it; it cost $100 million, but by the way, it was 60 million in so-called soft costs. City of Miami Page 115 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Mr. Riley: We're doing very well on that front. Commissioner Sarnoff. All I'm saying, Terry, is I want to be clear that architects, lawyers, everybody that doesn't put a brick or mortar in the building should only come to 17 percent. Vice Chair Spence -Jones: Are you finished Commissioner Sarnoff? Okay, so we had a motion, Madam Clerk, and -- Chair Sanchez: I have not had a chance to speak -- Vice Chair Spence -Jones: I yield to you, Commissioner Sanchez. Chair Sanchez: -- but you know what? I'm going to yield to the City Manager. Mr. Hernandez: Thank you, Mr. Chairman. Commissioner Sarnoff, when we're talking about the 17 percent cap, I want to be clear that that 17 percent of the 2 million. What Terry was talking about was 17 percent of the overall project cost -- Commissioner Sarnoff. Correct. Mr. Hernandez: -- which, in essence, if you were to follow his argument, that means that every soft cost they have incurred or are incurring now would be eligible under the 2 million grant. Commissioner Sarnoff. I'm not telling them how to spend their 2 million, and I'm not trying to be the County -- although sometimes I think we should be -- but I'm just suggesting when this project is done, every citizen in the County and the City should be proud to hear that only 17 percent went towards soft costs. That's whatl am saying. Mr. Hernandez: Right. That's 17 percent of the overall towards soft costs, that was not exceeded. Commissioner Sarnoff. Their building's going to cost, if I'm not mistaken, a hundred -- somebody want to give me that -- twenty million? Chair Sanchez: No, more. Mr. Riley: One twenty. Commissioner Sarnoff. Or 21 million. Okay. I'm no mathematician, but 17 percent of that 121 comes to some number, which I'm going to suggest to you is around 21, 22, $23 million, and everybody in the City ofMiami and the County should know that buildings can be built for 17 percent soft cost versus what we sometimes see, which is 30 percent. Mr. Hernandez: Commissioner, I think that you're totally right, so with respect to our grant, our grant -- when we pay for eligible expenses under our grant, we must ensure that the overall soft cost of the project do not exceed 17 percent. Commissioner Sarnoff. That's my point, correct. Mr. Hernandez: I agree. Vice Chair Spence -Jones: Okay. Any -- Commissioner Sanchez. Chair Sanchez: Yes. I think a lot of good issues have been brought out. I think some of the concerns that the Commissioners have are good concerns. But we need to take a lot of things City ofMiami Page 116 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 into consideration here, folks. We need to take into consideration that the benefit agreement process that will start will allow us an opportunity to work with them, and in many ways, provide guidelines, okay. They have -- First, I need to bring an important issue. The voters approved this, the $2 million. We just want to make sure, as a government, that they have the resources to build this museum and run this museum and make sure that it's done correctly. So I think we need to be very careful here. I have never questioned whether a museum is a public benefit. I don't need to question that. All great cities must have great museums. And a museum door is open to everyone who wants to visit that museum and get a better understanding of the history, the arts or whatever it is. We need a museum in this community. No one's going to argue that. That's why the voters approved this, the $2 million. We need to work with them. And this is a step in the right direction to assure this. They've gone out there, and not only have they met the two financials [sic] commitment -- Now I could honestly tell you, if they would come in here and say, well, we raised $1 million, there's no way you're ever going to get the $2 million or the money to build a museum. But they've done an incredible job going out there, not only getting the community behind them, which they did with the bond issuance, but getting the support of the community and the local governments to build this museum. The more we wait and the more we hold back on providing benefits and great things for this city, the more money it's going to cost and the more that we will suffer in the long run. I'm not going to put all the great things that they've done. They've gone out there -- because I've asked for all that information. They have raised the money. They have done incredible things for education and the arts that Terry should have gotten into. But think we're at a point now where we need to turn that money over to them and assist them on getting this expedited and get this thing done. The 17 percent soft cost is something that everybody should be proud of. The green building for the museum is something that they could all be very -- andl think, at the end of the day, when this is all said and done, this is something that we're all going to be very proud of so let's embrace this museum. These museums are going to be great for our community. And it's just going to add to the ambiance of downtown. We work on not only improving the downtown and that entire east corridor in our city, but this is something that we could all -- when it's all said and done, whether we agree or not, it's going to be something that's going to make our city a much better city. So having said that, I just wanted to state that. And you have the chair. So there's been a motion already made by Commissioner Sarnoff. I second it. So you could go ahead -- and it's a resolution -- and you could -- Vice Chair Spence -Jones: Are you chairing still? Chair Sanchez: No. You -- Vice Chair Spence -Jones: Oh. Chair Sanchez: -- you're chairing. I made the second. Vice Chair Spence -Jones: So we had a motion, we had a second. All I just want to make sure that, Mr. Manager, I'm clear about what we're going to do regarding the issue. I still would like to see the agreement, even if it's on a -- if they're not interested in knowing what's in it, I'm -- Mr. Hernandez: Well -- Vice Chair Spence -Jones: -- interested in it. Mr. Hernandez: -- Commissioner, I'll be glad to share -- Vice Chair Spence -Jones: I would like to see the agreement -- Mr. Hernandez: -- anything that we do. City of Miami Page 117 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Vice Chair Spence -Jones: -- before you sign off on any agreement. I would just personally like to see it. Chair Sanchez: And finally, this Commission has the authority to modifi, or amend anything that's put forth in the agreement. Vice Chair Spence -Jones: Okay. Chair Sanchez: That's the bottom line. Mr. Hernandez: Yes. Chair Sanchez: Okay. Vice Chair Spence -Jones: Okay, so we -- Chair Sanchez: Roll -- Ms. Bru: Well, excuse me. Once you enter into an agreement to modifi, it or amend it would have to be by agreement of the parties. What we're saying is is that there will be subsequent agreements, such as the lease -- Chair Sanchez: Exactly. Ms. Bru: -- and the operating agreement that could contain conditions if they are negotiated and agreed to by the parties that will not appear in this project cooperation agreement at this time. Chair Sanchez: Yes. Ms. Bru: Okay. Vice Chair Spence -Jones: Okay. Mr. Hernandez: Exactly. Vice Chair Spence -Jones: All right, so -- Commissioner Gonzalez: Call the question. Vice Chair Spence -Jones: Yeah. We had -- Chair Sanchez: Call the question. Vice Chair Spence -Jones: -- a motion and a second. Now -- I guess, call the question, Madam Clerk. Priscilla A. Thompson (City Clerk): Just for clarification of your record, I want to make sure that the Commission understands that there was a modification to the resolution that was pro -- Chair Sanchez: As amended. Ms. Thompson: Thank you. Chair Sanchez: Roll call. City of Miami Page 118 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Ms. Thompson: Roll call. Vice Chair Spence -Jones: Roll call. Ms. Thompson: Thank you. Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Thompson: Chair Sanchez? Chair Sanchez: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: Vice Chair Spence -Jones? Vice Chair Spence -Jones: No, for the principle of it. Ms. Thompson: Then that motion was adopted, 3/1. Chair Sanchez: And -- Commissioner Regalado is not present? Ms. Thompson: No. Chair Sanchez: Oh. Ms. Thompson: He's not here. Chair Sanchez: All right. Vice Chair Spence -Jones: So I'm turning it back over to you. Chair Sanchez: Okay. I have the gavel back. That takes care -- RE.15 was approved, 3/1, with the absence of Commissioner Regalado. RE.16 08-00844 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Capital CITY MANAGER TO EXPEND AN ADDITIONAL AMOUNT OF $500,000, FOR Improvements PLANNING AND FINANCIAL ANALYSIS SERVICES FOR THE Program REDEVELOPMENT OF THE ORANGE BOWL SITE, WITH JONES LANG LASALLE AMERICAS, INC. UNDER THE EXISTING PROFESSIONAL SERVICES AGREEMENT; ALLOCATING FUNDS FROM EXISTING FUNDS UNDER THE AGREEMENT FOR SAID PROJECT AS STATED HEREIN. 08-00844 Legislation.pdf 08-00844 Summary Form.pdf 08-00844 Pre Legislation.pdf 08-00844 Amendment 1.pdf 08-00844 Exhibit A-1. pdf 08-00844 Exhibit B-1.pdf 08-00844 Agreement.pdf City of Miami Page 119 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado Chair Sanchez: Okay, RE -- Commissioner Gonzalez: 16. Chair Sanchez: -- 16. Vice Chair Spence -Jones: I thought you said you had deferred -- Chair Sanchez: No, no, no, no, no. Oh, RE.16 was deferred, correct. Pedro G. Hernandez (City Manager): No. Vice Chair Spence -Jones: Okay. Mr. Hernandez: Right, it was, sir. Chair Sanchez: Okay. Commissioner Gonzalez: 16 was deferred? Chair Sanchez: Yes. Mr. Hernandez: Yes. Priscilla A. Thompson (City Clerk): No, not RE.16. Commissioner Gonzalez: No. Chair Sanchez: Well -- Commissioner Gonzalez: RE.16? Mr. Hernandez: RE.16, which is the one dealing with Jones Lang LaSalle, I'm asking that the item be deferred. Commissioner Gonzalez: All right. Move it to defer. Chair Sanchez: Motion to defer -- Commissioner Sarnoff. Second. Chair Sanchez: -- requested by the City Manager. The motion has been made by Commissioner Gonzalez, second by Commissioner Sarnoff. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." The item has been deferred. Commissioner -- Mr. City Manager, deferred to when? Ms. Thompson: Thank you. City of Miami Page 120 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 RE.17 08-00810 Office of Strategic Planning, Budgeting, and Performance Chair Sanchez: Next regular Commission meeting? Mr. Hernandez: To be continued, which is -- well, no. Deferred to September 11, I'm sorry. Chair Sanchez: I think you might have to wait a little longer than that. You know what I mean? Mr. Hernandez: Let's say continued, which means the end of September. Chair Sanchez: All right. Okay. That takes care of that one. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2008. 08-00810 Legislation.pdf 08-00810 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-08-0453 Vice Chair Spence -Jones: RE.17. Chair Sanchez: And then we go to RE.17. RE.17, and that'll probably be the last item. Commissioner Gonzalez: I'll move it. Commissioner Sarnoff. Second. Chair Sanchez: Okay. There's a motion and a second on RE. 17. This comes to us from the Office of Strategic Planning, Budgeting and Performance. Need to put something on the record. Michael Boudreaux: Mike Boudreaux, director of Management and Budget. RE.17 is to adjust the fiscal year 2008 budget by taking it from the approved $523.7 million figure to -- down to 512.9. The decrease of 10, 762, 348 is as a result of removing a previous allocation provided for the fire fee settlement that was paid in fiscal year '07. Chair Sanchez: Any questions on that? On that item, any questions on that? Commissioner Sarnoff. No, sir. Chair Sanchez: Okay. We had a meeting. I don't have the proper documentation in front of me. This takes us down 6 million, leaving us a balance reserve of 93? Mr. Boudreaux: This decision will take the City's general fund balance down from 100 million down to 93 million. Chair Sanchez: Ninety-three million. Commissioner Gonzalez: Ninety-three million. City of Miami Page 121 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 RE.18 08-00811 Office of Strategic Planning, Budgeting, and Performance Chair Sanchez: That's not taking into effect, which we discussed this, as to by law we can't go lower than 85 million. Mr. Boudreaux: By the anti -deficiency act written in the City's Charter, we cannot go low by an estimated $80 million dollars. That's correct. Chair Sanchez: Eighty million dollars. And therefore, in the 93, we could still recapture some of the CIP (Capital Improvements Program) funds that are out there, which is estimated to be around 7 million. Mr. Boudreaux: We are looking at the CIP fund with the hope of doing that and recapturing 7 million dollars. Chair Sanchez: And that will go back into our reserve. Mr. Boudreaux: The intent is to try to keep the general fund balance at 100 million. Chair Sanchez: Thank you. Any other questions on that? And that's a healthy reserve for a city Mr. Boudreaux: That is very healthy. Chair Sanchez: -- not taking into consideration this City ten years ago was bankrupt with a $68 million dollar deficit and an oversight board placed by the Governor. So that needs -- people need to take that into consideration. All right. No further discussion on that resolution. We are RE.17. And basically making the appropriations relating to operating and budgetary requirements for fiscal year ending September 30, 208 [sic]. There's a motion and a second. Any further discussion on the item? Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI, FLORIDA ("CITY"), FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009; DIRECTING THE CITY MANAGER TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARING AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE CITY'S TENTATIVE BUDGET FOR SAID FISCAL YEAR. 08-00811 Legislation.pdf 08-00811 Resolution.pdf 08-00811 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-08-0454 City of Miami Page 122 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 do that. Commissioner Gonzalez: Go ahead. Chair Sanchez: All right. Let's go ahead and take that item up. Commissioner Sarnoff. Move it. Chair Sanchez: That's RE.18. Yeah. Commissioner Gonzalez: Second. Chair Sanchez: There's a motion and a second. Commissioner Gonzalez: It's setting the cap. Chair Sanchez: But you need to put into the record exactly what we're doing. There -- I mean -- Commissioner Gonzalez: Yeah. Chair Sanchez: -- this is -- we're setting the cap for the millage -- Michael Boudreaux (Director, Management and Budget): We are setting a cap for the millage. Chair Sanchez: -- that by law we can't go any higher, but we could reduce it. But -- Mr. Boudreaux: That's correct. Once again, Mike Boudreaux, director ofManagement and Budget. RE.18 is a resolution to set the millage rate cap for fiscal year '09 at 7.6740. This is approximately 5.13 percent higher than the current operating millage rate of 7.2999 mills. And also 3.8 percent higher than the calculated rollback rate for fiscal year '09. Commissioner Sarnoff. Mike -- Mr. Chair? Chair Sanchez: Yeah. Commissioner Sarnoff. If we set the rate at this level and you do your projections, this City will have visited upon it an approximate 30 to $35 million -dollar deficit. Mr. Boudreaux: That is correct. Commissioner Sarnoff. And if we were to set the rate lower than that -- and let's just use the number without a four fifths vote -- we would be facing an approximate 60 to $65 million -dollar deficit. Is that correct? Mr. Boudreaux: That is correct. Commissioner Sarnoff. And correct me if I'm wrong, the differential for the average taxpayer -- 'cause I've done this calculation. You just give me -- if I'm in the ballpark or not -- would be a savings of 75 to $150 per year on an R-1 home so to speak. Mr. Boudreaux: That is relatively correct. My calculations came more in the line of a little over a $90 per person savings. Commissioner Sarnoff. That's what I thought it was actually, $90, and l just didn't -- I wanted to give myself a span so somebody can go Commissioner Sarnoff was wrong. So approximately City of Miami Page 123 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 $90 to a citizen in Miami -- they would be getting back $90, but the City would be facing an approximate 60 to $65 million -dollar deficit. Mr. Boudreaux: That is correct. Commissioner Sarnoff. You would agree with me that there is just no possible way with a 60 or $65 million -dollar deficit that we could not -- we would have to affect our firefighting services, our police services and our sanitation services. Mr. Boudreaux: There is going to be a big challenge not to have those services affected. Commissioner Sarnoff. Right. So you're asking a citizen ofMiami essentially to maintain their response to a tragic situation, whether it's a police call, a life -threatening situation, a fire call, a heart attack, something along those lines. We're asking them to maintain an approximate $90 a year just to maintain the level of service that we have now. Mr. Boudreaux: That's correct. Chair Sanchez: Crystal clear. Commissioner Sarnoff. Yeah. I just want to be crystal clear. And just so we're also crystal clear, even if we vote for this mill rate, you and the City Manager have suggested -- not that I agree and maybe my other Commissioners will not as well, but I'll be certainly spiriting this cause -- you've asked fire and police, with the mill rate if we voted on it right now, to consider reducing their budgets by $2 million each. Mr. Boudreaux: Two and a half million dollars apiece. Commissioner Sarnoff. Two and a half million dollars each. That's if we vote for this mill rate, correct? Mr. Boudreaux: That's if the vote to cap it at 7.6740 is adopted. Commissioner Sarnoff. Okay. And of course, the services to the other departments in the City have been asked to reduce by a more significant number than the $2.5 million. Mr. Boudreauz: That is correct. Commissioner Sarnoff. Pro rata percentage. Mr. Boudeaux: Yes. On a average basis, yes. Commissioner Sarnoff. I just want to make that very clear for the citizens ofMiami that their savings, if we don't vote on this, could be in the range of $90. But their police, fire, and sanitation will absolutely be affected if we don't do that. Chair Sanchez: Any discussions on that? Just taking into consideration where we're heading and that we'll be facing a perfect storm, best case scenario, we're looking at 35 million reduction based on these numbers. I've looked at every scenario thatl could look at. We'll discuss the budget as we start the budgeting process and we have the workshops as to where this City needs to cut its budget and how we're going to do it. It's going to be a rough process. I'll tell you that much. But we need to come forth and agree on a reduction, whether it's 30 million or 35 million. So I'm just going to give you one case that I may not be supporting, and that is to cut down $35 million, looking at all the numbers, the quickest thing to do, which we're not going to do, would be to lay off 600 positions; that ends up a savings to the City of $35 million, but that's just one City ofMiami Page 124 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 option of many that we need to explore. I'm going to tell you, it's going to continue to get harder and harder for municipalities. Right now every challenge that we face is between the County and the City. If you look at their millage and what the County is doing facing their shortfalls -- I was at the County Commission fighting what they're doing because I think it is just unfair. What they're creating is two types of citizens; those that live in cities and those that live in unincorporated Dade. I don't agree with their concept, I didn't agree with the mayor, which I have the outmost [sic] respect for andl consider him a friend and we'll continue to work on this, but what they've done is very clear. The 35 municipalities, your millage has gone up and they have lowered their millage, and that's just one of many other things coming our way. The next one that's coming out is regionalizing of the fire department. Why? Because they have a shortfall. They have a shortfall that they're going to have to meet. And the way they're going around is basically targeting the cities saying, well, you have services that you're using that you're going to have to pay for. I've yet to be convinced. I have yet to see the proper analysis and documentations to be convinced. And I'm the first one to tell you here, if they come up with a plan that saves the citizens, they're going to save you tax, you're going to be able to reduce your taxes and they're going to improve services, I will be the first one to support it. Yet, I have not seen it andl have not been convinced. At the end of the day, I have a resolution that will be presenting -- hopefully, my colleagues will support me on that -- not supporting the regionalization of the fire department. I think it is a horrible mistake that they're making. And it is clearly not to support it. And if it's passed in the County Commission, the next following day, we will be presenting documents taking this into a legal challenge against the County. Just want to state that, folks, because the people that are watching us on TV (Television) are realizing that we're going to be facing with some situations that are going to be tough. I don't think we are going to lay off people. I don't think we are. We could fill some positions. But are there going to be cuts? Yeah, there're going to be cuts. And you know what? I'm here to tell you as a Commissioner there will be no sacred cows in this City. We're going to explore all the possibilities and we're going to do our darn best to come down to the money that we need to reduce. Andl know it's going to be tensions. Every year we have budgets, there's tensions among the Commissioners, there're tension upon the departments, but at the end of the day, it is the people we represent that clearly voted for a relief in taxes, clearly they are looking for it. And you know what? If we gave them a reduction -- and every year it happens. We gave them a savings of -- let's say you give them a savings of whatever. We have reduced our millage every year for the last eight years. It's a savings to the residents. But in this case, if we give you a savings of $70 and the County raises your taxes $90, you didn't get a savings. You didn't get a savings. You got a savings from us, but they raised your taxes. So I'm just telling you, it's going to be tough in this budget process coming up. Andl ask the Commission, I ask the department heads, I ask the Mayor and the Administration that we need to work together. And at the end of the day, we need to make the right decisions for our city. Services -- when it comes to services or fire and police not now. When the economy goes bad, crime goes up. When crime goes up, people get hurt. These are the people that defend our City, these are the people that are out there putting their lives in their hands and the people that are out there going to take care of you when you get in a situation where either you're sick or you're bleeding. Just want to put that on the record. So is there any other items that we want to take up? Mr. Hernandez: Mr. Chairman, if you allow me, just for further clarification. I want to point out that the proposed millage cap rate, yes, it is a little higher than the current rate that we have. However, when you look at the net taxable value for the City, it has gone down. And then you obtain, by using the higher millage rate with the lower net taxable value, in essence, the proper tax revenue will be approximately the same as what we're receiving this year, in that range. Chair Sanchez: Mr. Manager, that's fine because we comprehend and we understand the issue. But the person who gets his trim notice at his house is going to go -- Mr. Hernandez: Yes. City of Miami Page 125 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: -- hey, the City raised my taxes 'cause they're projecting a 7.299 millage and the County, you know what they did? They went to the highest percentage -- Mr. Hernandez: Right. Chair Sanchez: -- of nine point something. So when the residents get that trim notice, they're going to go, wait, I thought they were -- I thought I voted to have a tax savings, and here I'm getting the millage -- although they're setting it at the highest because then they have flexibility to reduce it -- Mr. Hernandez: Right. Chair Sanchez: -- but it's just the perception you send out. My office, as well as all the Commissioners, are going to be bombarded when people, they get their trim notice and they go, they're nuts. They've gone nuts at the County and the City. So we need to be very careful. Mr. Hernandez: And this same millage rate is the one that Michael said that, in essence, produces an estimated $92 of savings to the average resident. Even though it's going up, it does result in a savings. Chair Sanchez: Mike, could you elaborate a little bit on the restrictions that we have mandated by House Bill JB and the amendments and all that stuff? Mr. Boudreaux: Yes, sir. Chair Sanchez: I think it's important for you to elaborate a little bit on that. Mr. Boudreaux: House Bill JB is going to continue again in fiscal year '09 and will impact the City's decision to vote on its operating millage rate. The operating millage rate will be dependent on a majority vote had the City only adjusted its millage rate by the allowable 4.15 percent increase as a result of the change in statewide personal income as estimated by the Department of Revenue. The other increase allowed by the Commission is a ten percent increase over the adjusted rollback rate, which is currently the 7.6740, which will require a -- in the case of the House bill that says two-thirds vote, but in the case of this Commission, a four -fifths vote. Chair Sanchez: All right. So any further discussion or not? All we're doing is just we're setting the cap. The only thing that we can do is go higher than that number. We could always reduce it. All right. No further discussion on the millage cap. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." That was RE.18 -- Vice Chair Spence -Jones: Eighteen. Chair Sanchez: -- which is the compelling proposed millage rate. All right. That's been approved, 4/0. END OF RESOLUTIONS City of Miami Page 126 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 PART B: PLANNING AND ZONING ITEMS Chair Sanchez: Why don't we get some of the -- Commissioner Gonzalez: Want to get 11 and 12? Chair Sanchez: I'm sorry? Commissioner Gonzalez: Want to get RE.11 and 12? Chair Sanchez: No, no. Those will be after lunch. I got those -- can we do some of the PZ (Planning & Zoning) items that are noncontroversial? Is there any PZ item here that's noncontroversial? Commissioner Gonzalez: PZ. 5, 6, 7 and 8. Chair Sanchez: Okay, 5, 6, 7 and 8. Let's get 5, 6, 7 and 8 out of the way. All right. Before we do that, we need to -- Madam Attorney, let's go ahead and read into the record the procedures for the Planning and Zoning. Then what we need to do is have the City Clerk swear each and every one of you that will be speaking on an item pertaining to PZ. We should try to get some of the PZs out of the way. The reason why I'm doing this is we have a voluminous agenda today and we're trying to get all these items so we're able to take care of all the items today and we don't have to come back tomorrow. I don't want to have somebody who's been here since 9 o'clock be here 'til 10. Hopefully, we won't be here 'til 10, but I don't want you to be here the whole day. So we worked around the controversial items to be after lunch, so therefore, there's going to be four items that are going to be heard after lunch. In that way, people don't have to sit around here all day on those items. So let's go ahead and take up PZ.5. But before we do that, let's go ahead and have you read the procedures and then we'll have swearing in. Maria J. Chiaro (Deputy City Attorney): The PZ items will proceed as follows. Before the PZ agenda is heard, all those wishing to speak will be sworn by the City Clerk. Staff will briefly describe the request, whether an appeal, special exception, vacation, text amendment, zoning change, land use change or MUSP (Major Use Special Permit) and make its recommendation. The appellant or petitioner will then present the request. The appellee, if applicable, will then present its position. Members of the public will be permitted to speak on certain petitions. The petitioner may ask questions of staff. The appellant or petitioner will be permitted to make final comments. Chair Sanchez: All right, Madam Clerk, swear each and every one who will be testifying on the PZ items. Priscilla A. Thompson (City Clerk): If you are going to be testifying on any of the PZ items that are listed on the agenda, I need you to please stand and raise your right hand so you can be sworn in. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chair Sanchez: Okay. [Later..] Chair Sanchez: All right. Let's -- that takes care of that. Do you want to --? Well, we lost one City of Miami Page 127 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Commissioner. Do we want to take care of the --? Vice Chair Spence -Jones: PZ.1? Chair Sanchez: Yeah, let's take care ofPZ.1. All right, we're going to back to PZ (Planning & Zoning). Anyone who is here for any of the PZ items that was -- Commissioner Gonzalez: Let me ask you a question. When are we going to take the firefighters pension -- Chair Sanchez: Well, I'm waiting for a Commissioner to get back -- Commissioner Gonzalez: -- DROP (Deferred Retirement Option Plans) -- Chair Sanchez: -- we'll take it up. Commissioner Gonzalez: -- because they are hanging around waiting. You know, if we're not going to -- Chair Sanchez: Let's do PZ.1 -- Commissioner Gonzalez: -- take it, then let's let them know. Chair Sanchez: -- and then we'll do the firefighters. Vice Chair Spence -Jones: Actually, we could -- since all five of us, we could just do P -- I think we've resolved the EM (Emergency) -- this emergency 2 item, so we're -- Chair Sanchez: All right, listen. Whoa, whoa, whoa. Let's do the PZ item, which is noncontroversial. We'll get that out of the way; get the fighters [sic] to come down and we'll move with their -- we'll address their item. Okay, PZ.1. Anyone here to testify in any of the PZ items, if you'll be speaking on the item, we need you to stand up and be sworn in by the City Clerk. Also, you need to register with the City Clerk before you speak, and the only thing that we ask when you come up is just state your name and address for the record, and you'll have two minutes to address the Commission. Okay. Can we swear them in, Madam Clerk? Priscilla A. Thompson (City Clerk): May I ask one request of the Chair, please, sir? Chair Sanchez: Yes. Ms. Thompson: Can I check with those who will be testing to find out if we need Spanish or Creole interpreters? Chair Sanchez: Okay. Are we going to need Spanish translation or Creole? No. Madam Clerk, I don't believe we do. Nobody's advised, so okay. Ms. Thompson: Helps with my budget. Thank you. Chair Sanchez: All right. Ms. Thompson: If you are going to be testifying on any Planning and Zoning items remaining, I need you to please stand and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. City of Miami Page 128 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Ms. Thompson: Thank you. PZ.1 06-00415mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE VILLAGE CARVER PROJECT, TO BE LOCATED AT APPROXIMATELY 401 NORTHWEST 71ST STREET, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 113 FEET AND 8 INCHES, 11-STORY HIGH RESIDENTIAL -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 309 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; AND APPROXIMATELY 391 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR"); MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 129 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 06-00415mu PAB Reso.PDF 06-00415x2 ZB Reso.pdf 06-00415mu Zoning Map.pdf 06-00415mu Aerial Map.pdf 06-00415mu Projects in the Vicinity.pdf 06-00415mu Front Cover.PDF 06-00415mu Inside Cover.PDF 06-00415mu Table of Contents.PDF 06-00415mu I. Project Information.PDF 06-00415mu I.A. Letter of Intent.PDF 06-00415mu I.B. MUSP & Special Exception Applications.PDF 06-00415mu I.C. Zoning Write-Up.PDF 06-00415mu I.D. Zoning Atlas -Land Use.PDF 06-00415mu I.E. Project Data Sheet.PDF 06-00415mu I.F. Deed-Computer.PDF 06-00415mu I.G. Ownership List.PDF 06-00415mu I.H. State of Florida Documents.PDF 06-00415mu I.I. Owner's Authorization Letter.PDF 06-00415mu I.J. Directory of Project Principals.PDF 06-00415mu II.A. Project Description.PDF 06-00415mu III. Supporting Documents.PDF 06-00415mu 111.1. Minority Construction Employment Plan.PDF 06-00415mu 111.2. Traffic Impact Analysis.PDF 06-00415mu 111.3. Site Utility Study.PDF 06-00415mu 111.4. Economic Impact Study.PDF 06-00415mu 111.5. Survey of Property.PDF 06-00415mu 111.6. Drawings Submitted.PDF 06-00415mu Analysis.pdf 06-00415mu Miami -Dade Aviation Dept Comments.pdf 06-00415mu Internal Design Review Comments.pdf 06-00415mu School Impact Review Analysis. pdf 06-00415mu ZB Special Exception Fact Sheet.pdf 06-00415mu ZB Special Exception Analysis.pdf 06-00415mu CC Legislation (Version 2).pdf 06-00415mu Exhibit A.pdf 06-00415mu Exhibit B.pdf 06-00415mu CC Fact Sheet.pdf 06-00415mu-Submittal-Aerial Photographs and Directory Listings.pdf LOCATION: Approximately 401 NW 71st Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): N. Patrick Range, II, Esquire, on behalf of Village Carver Phase I, LLC, Lessee and YMCA of Greater Miami, Inc., Owner FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on June 18, 2008 by a vote of 8-0. City of Miami Page 130 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 ZONING BOARD: Recommended approval with conditions* of a Special Exception to City Commission on June 9, 2008 by a vote of 5-0. *See supporting documentation. PURPOSE: This will allow the development of the Village Carver project. Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0458 Chair Sanchez: Okay. PZ.1. Roberto Lavernia (Chief of Land Development): Good afternoon, Commissioners. For the record, Roberto Lavernia, with the Planning Department. PZ.1 is a Major Use Special Permit for the Village Center [sic]. It is approximately 401 Northeast 71st Street, Miami. They have eight -- 113 feet and 8 inches, 11-story-high residential -use structure, 309 total multifamily residential unit, and 391 total parking spaces. This project came to us first as a special exception for residential in C-2. It was appealed, so it was in front of this Commission. It's a project for low-income and elderly affordable housing. They had an extension of time for the special exception; now they increased their request, and they reached the threshold of the Major Use Special Permit. The Planning Department is recommending approval with conditions. The conditions, I'm going to it on the records. Pursuant to design -related comments received by the Planning director, the applicant shall meet the following condition: One, provide materials and color sample to be used in the proposed balconies; two, provide details of the strong pavers at the entrance and pedestrian crosswalk; three, the stucco scoring going shall be a minimum of three inches wide and one inch thick in order to emphasize the articulation to the exterior wall; number four, provide a tree mitigation plan showing the transplanted species; number five, provide trees to the landscape (UNINTELLIGIBLE) out areas between the parallel parking spaces; number six, enhance the proposed landscape buffer along side perimeters and on screen portion of garage and introduce multiple layer of landscaping and different heights to mitigate the impact of this structure. All these conditions must be review and approved by the Planning director prior to the issuance of any building permit. The applicant has been working with the Planning Department. Some of those conditions are already complied with in the set of plans that they are presenting. However, we didn't want to change the conditions that we put and presented in front of the Planning Advisory Board not -- for present to you the same thing that was presented to the PAB (Planning Advisory Board), but the applicant agreed that once they come to the Planning Department to review their plans as part of the building permit, part of those conditions are already met. Thank you. Chair Sanchez: Okay. Mr. Applicant. Patrick Range: Yeah. Good afternoon, Mr. Chair, members of the Commission. Patrick Range, with offices at 1221 Brickell; pleased to be with here -- with you here today on behalf of Carlisle Development Group, as well as the Biscayne Housing Group. I -- and here with me today are the principals, Michael Cox and Gonzalo de Ramon of the Biscayne Housing Group, as well as Oscar Sol with the Carlisle Development Group. We're here before you today requesting approval of a Major Use Special Permit for the site located -- andl would just like to correct Mr. Lavernia, which I think was an oversight on the address. It's actually 401 Northwest 71 st Street as opposed to northeast. And that, as Mr. Lavernia mentioned, this project has been before you before, so you have seen it. It came before you on appeal from a special exception, which you approved that special exception. We're back before you requesting a Major Use City of Miami Page 131 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Special Permit because this project, we did receive increased funding from the State in order to expand this project, and that's why we're coming back with you -- to you with this request for a Major Use Special Permit. We actually do have a building permit for the first phase of this project, which again, came before you as a special exception previously. So that is -- has been permitted, and we do expect to be ready to pull a permit for the second phase within a month's time. So we are looking forward to moving forward on the project. I do have our architect, Albert [sic] Cordovez, here with us today, as well as also our traffic engineer, as well as our other -- our economist to be available to answer any questions for you. We're prepared to present a full presentation. I do know you have a full agenda today, and so at your discretion, we'd be happy to put on a full presentation. Chair Sanchez: All right. What's the wish of this Commission? Vice Chair Spence -Jones: First, I want to know if there's any public speaking. Chair Sanchez: Well, first we need a motion and a second, and then we'll open it up to the public. I'm not going to open it up if we don't have a motion, either for approval or denial. Vice Chair Spence -Jones: Motion to approve. Chair Sanchez: All right. There's a motion to approve -- Commissioner Gonzalez: Second. Chair Sanchez: -- by the Vice Chair, second by Commissioner Gonzalez. Vice Chair Spence -Jones: But I -- much discussion on it. Chair Sanchez: Okay. Before we open it up for discussion, I'm sure you want to hear from the public, correct? Vice Chair Spence -Jones: Yes. Chair Sanchez: Anyone from the public wishing to address this item, we're on PZ.1, which is a resolution, please step forward and be recognized. Seeing no one, hearing no one, the public hearing is -- Sir, are you going to speak on this item? James Stubbs: Yes, Commissioner. Chair Sanchez: Yes, sir. Come on up. PZ.1, Village Harbor project. Mr. Stubbs: Fifty -Second Street and Seventeenth? Chair Sanchez: Yes, sir. Mr. Range: No. Vice Chair Spence -Jones: No. Mr. Range: No. Vice Chair Spence -Jones: Seventy -First Street. Mr. Range: This is not that project. That hasn't come up yet. City of Miami Page 132 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Vice Chair Spence -Jones: Seventy -First Street. Chair Sanchez: All right. We want to make sure you speak on the right item, though. Mr. Stubbs: Absolutely. Chair Sanchez: Okay. So there's no one here to speak on that item, so therefore, the public hearing is closed, coming back to the Commission for discussion. You're recognized for the record. Vice Chair Spence -Jones: The only -- again, we supported this project already, andl -- Mr. Range: Yes. Vice Chair Spence -Jones: -- support it once again. I had two issues. Mr. Range: Yes, ma'am. Vice Chair Spence -Jones: The first being making sure -- andl was very clear with Carlisle -- that we definitely wanted to make sure we continued commercial on the bottom on 71 st Street, so I just want to make sure that that was a part of -- because when I saw the plans, I didn't see that that was a part of it. Mr. Range: Well, just a quick point, Commissioner, we do provide a number of amenities here in the project, and we had talked about providing some commercial amenities on the ground floor, and you know, we're prepared to do that if it's your desire, but we hadn't included it on the plans specifically at this point because we do want this project to benefit the businesses in the neighborhood. There is a -- we were talking about a convenience store perhaps. There is a convenience store just three blocks away at -- it's Northeast 2ndAvenue and 72nd Street, and so we do want our residents to patronize the local businesses that are in the area. Vice Chair Spence -Jones: Right. Mr. Range, it really wasn't -- didn't have to be a convenience store. I mean, there's -- Mr. Range: Sure. I mean, just -- Vice Chair Spence -Jones: -- you know, the black community is -- Mr. Range: Sure. Vice Chair Spence -Jones: -- suffering -from not having a lot of services and things available, so I Mr. Range: I would -- Vice Chair Spence -Jones: -- can think of ten on one hand -- Mr. Range: Okay. Vice Chair Spence -Jones: -- but we just want to make sure -- and especially, we don't have enough decent commercial space already in the Liberty City/Little Haiti area, so any decent commercial space is really what was the communication. So -- Mr. Range: Okay. City of Miami Page 133 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Vice Chair Spence -Jones: -- already we've lost the day care center that was there for -- serving those residents for many, many years, so that's no longer there for the residents. So I'm sure we can come up with something creative, but it's extremely important for me to see that 71 st Street corridor continue with some sort of retail on the bottom, and for me, that was a major condition the very first time, so that was one. And then beyond that, we -- I did receive some sort of notice, which I think is something that definitely needs to be addressed before anything moves ahead, which is apparently, I don't know how -- I don't -- where's the architect? Is he there? Can he step up -- Mr. Range: Yes. Vice Chair Spence -Jones: -- for a minute? Mr. Range: Sure. And maybe I can address the issue, ifI -- because I think know where you're going, and we did get wind of some information that came in at a late notice basically referencing a possible burial site that may have existed on the grounds back in the '20s. What I'll do, and I'll submit for the record as well, we do have copies of some building records from both the '40s and '50s -- Vice Chair Spence -Jones: Yes. Mr. Range: -- showing development on the total site, including the very eastern portion that was mentioned in that information that came out. So in fact, there has been development on this site over the years, especially on that eastern portion, and do have records indicating that. So if, in fact, there is or was something that perhaps may have been of interest for protection or of -- Vice Chair Spence -Jones: Well -- Mr. Range: -- archeological significance, and it -- Vice Chair Spence -Jones: Yes. Mr. Range: -- certainly has been disturbed over the years, but we would also like to put on the record that during our excavation, should we find anything of archeological significance, even though we're not located within an archeological zone and required to do, you know, further study, we would certainly be willing to further study -- Vice Chair Spence -Jones: That is -- Mr. Range: -- something if we do find it. Vice Chair Spence -Jones: -- extremely important to me -- Mr. Range: Absolutely. Vice Chair Spence -Jones: -- because whether or not somebody built on it before and maybe they didn't know they had to do it and -- I mean, to me that's -- the fact that we know that there's a possibility of it and just, you know, reading -- again, this came from someone from the community, so -- Mr. Range: Sure. Vice Chair Spence -Jones: -- we need to, you know, verify it, but the first black settlement from Miami, you know I'll be extremely interested in not disturbing a grave in any way -- City of Miami Page 134 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Mr. Range: Yes. Vice Chair Spence -Jones: -- of anybody that might have made any contributions to Miami. Mr. Range: Absolutely. Vice Chair Spence -Jones: So I would suggest that -- no. I would definitely recommend that some study is definitely done to make sure we're not moving graves. Mr. Range: We would certainly agree. As we go through this, if we find anything of archeological significance, then we'll certainly take whatever precautions necessary to preserve it. Vice Chair Spence -Jones: Okay. Chair Sanchez: All right. Any -- Mr. Range: Otherwise, we're in agreement with the conditions. Chair Sanchez: -- further discussion on this? If not, there's a motion and a second. PZ.1 is a resolution. We did open it up to the public. There wasn't any public participation. No further discussion on the item. PZ.1. We're voting on PZ.1, Madam Clerk. All in favor, say "aye." Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. The item has been approved, 5/0. Mr. Range: Thank you very much. PZ.2 06-02072ac RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THE EASEMENT AND ALLEY LOCATED NORTH OF NORTHEAST 16TH STREET BETWEEN NORTHEAST 1ST AVENUE AND NORTHEAST MIAMI PLACE, MIAMI, FLORIDA. 06-02072ac Analysis. pdf 06-02072ac Zoning Map.pdf 06-02072ac Aerial Map.pdf 06-02072ac Public Works Letter.pdf 06-02072ac Public Works Analysis.pdf 06-02072ac Application & Supporting Documents. pdf 06-02072ac ZB Reso.pdf 06-02072ac CC Legislation (Version 2).pdf 06-02072ac Exhibit A.pdf 06-02072ac CC Fact Sheet.pdf LOCATION: Approximately N of NE 16th Street Between NE 1st Avenue and NE Miami Place [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Prema, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval with conditions*. City of Miami Page 135 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 PLAT & STREET COMMITTEE: Recommended approval with conditions* on May 1, 2008 by a vote of 6-0. ZONING BOARD: Recommended denial to City Commission on June 9, 2008 by a vote of 5-0. *See supporting documentation. PURPOSE: This will allow a unified development site for the previously approved Max Miami Major Use Special Permit. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez R-08-0460 Chair Sanchez: We move on. Let's go to PZ (Planning & Zoning) -- Vice Chair Spence -Jones: 4. Chair Sanchez: How 'bout -- did we do PZ.2? Commissioner Gonzalez: That concludes the regular agenda, right? Chair Sanchez: That should conclude the regular agenda. Vice Chair Spence -Jones: Yes. Did we do PZ.2? Chair Sanchez: All right. PZ. 2. Vice Chair Spence -Jones: Oh, okay. Chair Sanchez: All right. Let -- PZ.2, is it controversial? Ben Fernandez: No. Chair Sanchez: All right. Let's go. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.2 is a closing, vacating, and abandoning the -- and discontinue the -- an alley that was presented to the Zoning Board and the Zoning Board recommended for denial; the Planning Department recommend for approval, and now we're recommending to approve the item. Thank you. Mr. Fernandez: Good afternoon, Commissioners. Ben Fernandez, 200 South Biscayne Boulevard, here on behalf ofPrema, LLC (Limited Liability Company). This is an application that has already received approval from your Plat and Street Committee. It's required vacation of a right-of-way that is not developed, so we're not removing any sort of public right-of-way from the area. We're closing the right-of-way, but we're not eliminating a street; and we have a recommendation of approval from your Planning Department as well. We believe it meets the requirements of Chapter 55, and we're here to answer any questions about it that you may have. Commissioner Sarnoff. So moved. Commissioner Regalado: Second. City of Miami Page 136 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Vice Chair Spence -Jones: We have a -- well, actually, it's a public hearing, right, Madam City Clerk? So is there any comments from the public on this item? We had a motion and a second. No comments from the public. The item comes back to the Commission. We had a motion and a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. Mr. Fernandez: Thank you. PZ.3 08-00169v RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING VARIANCES FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, AND ARTICLE 19, SECTION 1901, TO ALLOW AN INTERIOR SIDE SETBACK (NORTH) OF 0'0" (15'0" REQUIRED); A STREET SIDE SETBACK (SOUTH) OF 4'6" (15'0" REQUIRED); AND A REAR SETBACK (WEST) OF 2'10" (7'6" REQUIRED), FOR THE PROPERTY LOCATED AT APPROXIMATELY 888 BRICKELL AVENUE, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. 08-00169v Analysis.PDF 08-00169v Zoning Map.pdf 08-00169v Aerial Map.pdf 08-00169v Letter of Intent.PDF 08-00169v Application & Supporting Docs.PDF 08-00169v Plans.PDF 08-00169v ZB Reso.PDF 08-00169v Appeal Letter.pdf 08-00169v CC Legislation (Version 3).pdf 08-00169v CC Legislation (Version 4).pdf 08-00169v Exhibit A.pdf 08-00169v CC 07-24-08 Fact Sheet.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-08-0468 Chair Sanchez: All right. Let's get your PZ (Planning & Zoning) item out of here since you finally came to an agreement. Let's get that done. All right, let's take up PZ.3. Tucker Gibbs: Tucker Gibbs, law offices at 2980 McFarlane Road, for 1000 Brickell Avenue Condominium Association and Otis Wragg. As we said in the last meeting, we'd come to a tentative settlement. We had a little glitch, but we're going to ask you to go forward with the item anyway. The glitch was that my clients voted in favor of the settlement, but there was a condominium law issue and they decided that they needed to rehear the matter, which is going to City of Miami Page 137 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 happen within 15 days of today. But we want to go forward, and what we'll do -- what I will do is just reserve my rights to appeal this matter, if my clients for some reason decide not to accept the settlement. Commissioner Sarnoff. So then I should do a motion to deny the appeal? Mr. Gibbs: Yes. Commissioner Sarnoff. Okay. Chair Sanchez: All right. Commissioner Sarnoff. So I'll make a motion to deny the appeal. Chair Sanchez: All right. Commissioner Regalado: Second. Chair Sanchez: Hold on. That's -- Mr. Gibbs: Subject to us reserving our rights to -- Chair Sanchez: For the record -- Mr. Gibbs: -- file an appeal. Chair Sanchez: -- (UNINTELLIGIBLE) -- Commissioner Sarnoff. What'd you say, waiving your rights or --? Mr. Gibbs: No, no, no, preserving -- reserving our rights. Chair Sanchez: All right, we're taking up PZ.3 out of order to get rid -- Mr. Gibbs: Yes. Chair Sanchez: -- to make sure that you guys -- you've come to an agreement and want to get rid of that item today. So the motion has been proffered by Commissioner Sarnoff. It has been second by Vice Chair Spence -Jones. All right, it's a PZ item, so is there anyone here on PZ.3 that wants to speak on the item? The public hearing is open at this time. Seeing no one, the public hearing is closed, coming back to the Commission. Any further discussion on PZ.3, which is a variance appeal on 888 Brickell Avenue? Hearing no further discussion -- I think you would have to read the -- Julie O. Bru (City Attorney): No, Chairman. This is a resolution, but -- Chair Sanchez: All right. Ms. Bru: -- just for the record, you had had a hearing on this matter -- Chair Sanchez: Yes, we did. Ms. Bru: -- previously, so you're just incorporating the findings that you made based on the evidence that, in this case, there is no legal hardship, and therefore, you're denying the appeal. City of Miami Page 138 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: All right. So 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, for the record, Madam Clerk, 4/0, with the absence of Commissioner Gonzalez. All right. Mr. Gibbs: Thank you all very much. PZ.4 06-01066xt RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING AN EXTENSION OF TIME FOR A SPECIAL EXCEPTION GRANTED BY THE CITY COMMISSION ON APRIL 26, 2007, RESOLUTION NO. R-07-0249, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, TO ALLOW MULTIFAMILY RESIDENTIAL STRUCTURES OF A DENSITY EQUAL TO R-3 OR HIGHER, IN THIS CASE, R-4 FOR THE PROPERTIES LOCATED AT APPROXIMATELY 5211 NORTHWEST 17TH AVENUE, 1629 NORTHWEST 52ND STREET AND 1630-1640 NORTHWEST 53RD STREET, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. 06-01066xt Extension of Time Letter with R-07-0249.PDF 06-01066xt Analysis.PDF 06-01066xt Zoning Map.pdf 06-01066xt Aerial Map.pdf 06-01066xt ZB Reso No 06-1232.pdf 06-01066xt Application & Supporting Docs.PDF 06-01066xt Plans.PDF 06-01066xt ZB Reso No. 08-034.PDF 06-01066xt Appeal Letter.PDF 06-01066xt N. Patrick Range Letter.pdf 06-01066xt CC Legislation (Version 3).pdf 06-01066xt CC Legislation (Version 4).pdf 06-01066xt Exhibit A.pdf 06-01066xt-Submittal Biscayne Court Document. pdf 06-01066xt-Submittal-Resident Waitlist.pdf 06-01066xt-Submittal-Copy of Zoning Board Resolution No. 06-1163.pdf 06-01066xt-Submittal-Copy of Zoning Board Resolution No. 06-1157.pdf 08-01066xt-Submittal-Copy of Zoning Board Resolution No. 07-0051.pdf 06-01066xt-Submittal-Copy of Master Report Resolution ZB-08-035.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0461 Chair Sanchez: Let's take up PZ.4 and then we'll take up PZ.10. All right, PZ.4. This is just -- this is an extension, right? City of Miami Page 139 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Patrick Range: Yes. Chair Sanchez: So let's just hear the extension -- Mr. Range: Yes. Chair Sanchez: -- then we'll vote on it, if you don't mind? Are you okay, Commissioner, with just hearing the extension and voting on it? Vice Chair Spence -Jones: I mean, if there's residents that may want to put something on the record, by all means. Chair Sanchez: Are the residents here to speak on the issue? All right. Then, you know what, we'll open it up. I apologize; did not know it was -- okay. Vice Chair Spence -Jones: Yeah. I wouldn't want them to -- if they want to have something to say, I definitely want to hear it. Chair Sanchez: All right, so it'll be -- this is -- if I'm not mistaken, it's an appeal, right? Roberto Lavernia (Chief of Land Development, Planning Department): Yes, sir, it's an appeal of a decision of the Zoning Board that has recommended denial of the extension of time for this project. Yes, sir. Chair Sanchez: To deny the extension of time? Mr. Lavernia: Yes, sir. Chair Sanchez: Okay. All right. Vice Chair Spence -Jones: So we're only dealing with the extension of time in the matter? Chair Sanchez: Yes, that's it. Mr. Lavernia: We did. Vice Chair Spence -Jones: Not the project. Chair Sanchez: Okay. Patrick Range: Thank you very much. Chair Sanchez: Counsel, you're recognized -- Mr. Range: Mr. Chair -- Chair Sanchez: -- on PZ.4. Mr. Range: Thank you very much, Mr. Chair, members of the Commission. Again, Patrick Range, with offices at 1221 Brickell. Here today with the applicant, Biscayne Housing Group and Georgia Apartments, LLC (Limited Liability Company), and here with me today are the principals, Michael Cox, Gonzalo de Ramon, as well as our architect, Albert Cordovez, our general contractor, Orlando Gomez. And we're before you today regarding the proposed Biscayne Courts project, a 60-unit affordable housing development devoted entirely to the elderly. And, again, we're before you today requesting that you grant our appeal of a denial by City of Miami Page 140 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 the Zoning Board of an extension of time for a previously -approved special exception. And just a brief history to bring you up-to-date with where we are here and why we're before you here today, on September 25, 2006 the Zoning Board approved a special exception, per plans on file as submitted, for this project, and it came back on appeal on April 26, 2007, an appeal by the homeowners association. I believe it was the Hadley Park and Model City Homeowners Association; did file an appeal, and that appeal was heard before this Commission and denied, again, on April 26, 2007; and this is important to your deliberations today because the focus at that appeal was on the merits of the project and you again decided and voted against that appeal on that occasion, and as such, your focus today is solely on the extension of time and whether good cause is shown justiing the granting of the extension of time in order to get the building permit. And what we'd like to do is to go through the steps very quickly with you of what we had been doing up until today, and what I would like to do -- if you do notice, I did hand out a packet. On the first page of packet is, in fact, a timeline, if you will, showing exactly the progress that we have taken to date, and I'd just like to point out a couple of things, again, to put on the record and make absolutely clear that we have been moving forward in an expeditious fashion toward building permit. So you'll notice, if you do take a look at the first sheet, you can see where the third item, we had the zoning special exception appeal on April 26, 2007. We -- again, this is an affordable housing project for the elderly; as such, we receive subsidy from the State and also from the County, and it is quite a complicated process and that's why any time you have an affordable housing project, you're going to have certain time requirements and certain deadlines by the State and it's going to have to be extended out, and again, this timeline is a demonstration of that. And so, as you can see, we applied for our tax credits of April of '07; we received a tax credit allocation from the Florida Housing Finance Corporation in September of 2007. Again, we had an acceptance to tax credit underwriting also in September of 2007 and then we applied -- or at least went in for our working drawings, our civil drawings on October of 2007. The finalization of those working drawings came back in February of 2008, and we then very promptly submitted for a building permit in March of '08. And basically where we are today, I'd like very briefly just for our architect to come forward, and we do have an exhibit. It's an exhibit from the Building Department of the City ofMiami showing the various disciplines that have been -- that this project has been approved for. And if you'll take a look, everything has been approved -- each discipline has approved this project, except for Zoning. The only reason Zoning has not yet approved is because they're waiting on this extension of time. And so, as such, we're ready to pull a building permit for this project within 30 days. And with that, I'd just like to have Michael Cox come up very briefly just to explain to you generally the process and why almost any affordable housing project that comes to you with a special exception will come back for an extension of time. Michael. Chair Sanchez: Sir. Mr. Range: Oh, I'm sorry. Gonzalo de Ramon. Gonzalo de Ramon: Hi. Gonzalo de Ramon, 150 Southeast 2nd Avenue. And just briefly, as you know, when we apply for tax credit, we have to have zoning in hand, and that (UNINTELLIGIBLE) we apply (UNINTELLIGIBLE) in April. However, the process at the State takes until late September, and up to that date on late September, we don't know if we going to get funded or not. So, as you can see on the timeline, as soon as we get approval, we jump into the construction drawings; it takes three, four months just to get that ready, and if -- you can see for the quality of the drawings that we got from the architect, we applied on March, and up to today, which is July, we have everything approved by your Zoning. I mean, I don't think we can do it any faster. Chair Sanchez: Okay. Mr. Range: And just again, for the record, Mr. Chairman, in an effort to be expeditious, I do have -- and I'll leave with the Clerk for the record -- a copy of at least five projects that are City ofMiami Page 141 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 affordable housing projects that have had to come before you for an extension of time and those extensions were granted. I do have those and will submit those for the record. Lastly, I just did want to put on the record as well the funding sources, which you also have in front of you on the second page of the packet which I distributed to you. These are funds which we have committed funding. We've been approved and received these funds from the Great Florida Bank, in the amount of 600,000; Miami -Dade County surtax, in the amount 2.1 million; as well as the Florida Housing Finance Corporation, in an amount of 12.7 million; for a total that's been committed to this project of 15 million, and that's important because, if you notice, there's not any contribution from the City ofMiami. So the City is not contributing to this project, but will benefit from the fact of having an entirely affordable housing project for the elderly, and it will be a benefit to the tax roll as well. That property currently was generating about $7, 000 in taxes to the City ofMiami. After this project is built, it will generate about $210, 000 annually to the City ofMiami, and again, this is without a contribution from the City coffers, but with contributions from both the County and the State. Chair Sanchez: Thank you. Commissioner Gonzalez: Mr. Chairman. Mr. Range: With that, we would end our presentation, and of course, reserve an opportunity for rebuttal. Chair Sanchez: Sir. Commissioner Gonzalez: I've a question. Chair Sanchez: Okay. Hold on. Questions -- Commissioner Gonzalez: Is the project -- Chair Sanchez: -- supercede -- Commissioner Gonzalez: -- fully fund? Mr. Range: Yes, sir. Commissioner Gonzalez: It is fully funded. Mr. Range: The project is fully funded. Chair Sanchez: Yeah. Sir, you're recognized for the record. Herschel Haynes: Yes. Mr. Chairman and to your colleagues, my name is Herschel Haynes, and I'm chairman of the Hadley Park/Model City Homeowners Association. I'm cochair of Miami Neighborhoods United. And we're here today before you to ask that this particular project not be given any more present -- special present -- I mean, exceptions. As Mr. Range very, very appropriately shared with you the history of the situation, it's at least three years or so, and it has come up procedurally to us a number of times, as well as it has gone before other organizations within the Model City area soliciting support, which it did not receive. Now, what we would like to do right now today is we would like for you to hear from some of the other homeowners who are here and have been very, very displeased with all of what they have had to endure in regards to the history of the situation. He is now sharing with you that it now has received tax credits, and that's as a result we think that it has not measure up as it should have measured up with the Zoning Board and with the Planning and all of those other kinds of departments. We know for a fact with the most recent time as of May 12, 2008, when they City ofMiami Page 142 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 appeared before the Zoning Board, it was a huge amount of confusion in regards to actually who was behind the project; and so then, at that time, I could not, as chair, address the project, and so we're very pleased that the Zoning Board heard what was -- Chair Sanchez: Listen -- Mr. Haynes: -- what was -- Chair Sanchez: Let's listen to some of the residents. Mr. Haynes: Okay. Chair Sanchez: Thank you. Mr. Haynes: -- going on. So we want you to hear from them. Lena Canty: Lena Canty, 1559 Northwest 53rd Street, and I'm here to disapprove of that project. It's not that we don't want buildings on that corner, but not 60 apartments. I don't know whether you all have seen the lot that those apartments going to be built. And they said in the beginning -- they didn't say senior citizens, but after they restart the (UNINTELLIGIBLE), then they said senior citizens; but at the first beginning, senior citizens (UNINTET,T IGIBT ,F) me. We are citizens -- senior citizens too, and I've lived there for 46 years, and just like I say, I'm not against apartments being built on that lots, but they have 60 families moving into that neighborhood on a small lot like that. I don't know how we would manage all the traffic that'll come off of 54th Street to 53rd Street where I live to get into that building. Andl would like for you not to approve of that -- the ten -story building like they are asking for. Chair Sanchez: Thank you, ma'am. Ms. Canty: Sixty apartments is too many -- Chair Sanchez: Okay, thank you. Ms. Canty: -- people living in that small area. I know that they need senior citizen places for them to live, but with 60 families living in that small space, I can't see how they would manage that. Chair Sanchez: Thank you, ma'am. Each speaker will state your name and address for the record, please, and you'll have two minutes. Thank you. Commissioner Gonzalez: Mr. Chairman -- Bertha Thomas: I'm Bertha Thomas. Commissioner Gonzalez: -- before continuing with the public hearing, I do have a confusion now. The project -- this project was approved long time ago, right? Vice Chair Spence -Jones: Yes. Commissioner Gonzalez: The only thing that we are approving here today is the -- Chair Sanchez: The extension. Commissioner Gonzalez: -- extension of time. It's not the project. It's not the number of apartments. It's not the design. City of Miami Page 143 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: Just the extension. Commissioner Gonzalez: It's just an extension of time. Right. How many millions of dollars are we talking that you got approved already? Vice Chair Spence -Jones: Fifteen million. Commissioner Gonzalez: Fifteen million -- Mr. Range: Yes, 15 -- Commissioner Gonzalez: -- dollars? Mr. Range: -- million. And, yes, you are correct, Commissioner Gonzalez. This -- the project itself was heard and was approved by special exception, and actually, there was an appeal filed by this very homeowners association, which was also heard by this Commission and denied. Chair Sanchez: All right. Let's -- Commissioner Gonzalez: All right. Thank you. Chair Sanchez: Thank you. Ma'am, two minutes, and then we'll -- Ms. Thomas: I'm Bertha Thomas, andl live at 1529 Northwest 53rd Street, about the third house from 17th Avenue where they wants to build this -- the two-story or four- or five -story tall building. But right now where we live now, we don't have parking place for where the buildings is already put there already. We have the problem with that now, and if they build a building there, more than two tall buildings there, I don't know how we going even live -- I don't know how they going even park there because now, when they have church there now -- down at the funeral home, they have funeral homes there; they have to park up to our house now because they don't have parking space. So why they want to build a building there now, I really don't know. Because when I bought some property there and they told me that that land is not in that neighborhood, you can't build but two-story building high. That's all that could -- in that neighborhood, in that building on that -- in that neighborhood in that district there. That's only two-story buildings. So now I don't understand why they wants to build a big -story building there now when we don't have parking space there. And not only that, it's so many cars there now, we don't even get the streets swept as it is today. It had been there for more than three years; the street hadn't been swept there, but yet and still, we have to pay taxes there, so we get out there and clean it the best way we can. So if we have anything else there, I don't know what we going to do. Chair Sanchez: Thank you, ma'am. Ms. Thomas: So, please, take it under deep consideration, please. Chair Sanchez: Thank you. Ms. Thomas: Thank you. Chair Sanchez: Next speaker. Please state your name and address for the record. Elmira Green: Good afternoon. My name is Elmira Green. I live at 1550 Northwest 53rd Street, andl am been living there for 47 years. I'm only asking y'all to please disapprove this project because there is going to be 60 families piled on top of each other. There's going to be City of Miami Page 144 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 more -- that's going to interfere with my property, interfere with the parking in front of my place; andl'm a senior citizen, too. I do not want to be unhappy just to make some other people rich. Thank you. Chair Sanchez: Thank you, ma'am. Sir, good evening. Willie Calhoun: My name is Willie Calhoun. I'm at 1090 Northwest 53rd Street. Reference to this project, it was never totally approved under the conditions of the way they put forth it was presented. It was only approved for a special exceptions, and we asked that those special exceptions be not granted, and that was not done. He's saying that it was, but it was not done. And when we went back to the Zoning Board, they would not give the -- granted an extension of time for that very same reason, and that is what they are not telling you. Chair Sanchez: All right. Mr. Calhoun: Thank you very much. Chair Sanchez: Mr. Calhoun. Next speaker, please. Elvis Cruz. James Stubbs: Good afternoon, Commissioners. Vice Chair Spence -Jones: In Liberty City. Chair Sanchez: In Liberty City? Mr. Stubbs: My name is James Stubbs, andl'm the vice president of the tenants association at the Edison Towers Triplex; and would like my Commissioners and my City Manager to consider this because we have a short of housing in the -- low-income housing in the area, and also senior citizens, they on what you call a fixed income and they can't pay that high rent, and some of them don't have no Section 8. So I would ask my City Commissioners to please, and my -- reconsider this. Thank you very much. Chair Sanchez: Thank you. Next speaker. Cruz. Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street, vice president of the Morningside Civic Association, and that organization is a member of Miami Neighborhoods United; and Miami Neighborhoods United stands with our sister association in the Hadley Park and Model City area. We're very concerned about overdevelopment that does take place in the area. Let me draw your attention -- Chair Sanchez: Two minutes. Mr. Cruz: -- to the architectural drawings submitted in front of you. The lot in question is 75 feet deep. That is shallower than all your single-family homes. The building is supposed to be 80 feet tall with only a five-foot setback up against R-2 duplex. Is there a need for affordable housing in the area? I think there is. But guess what? I'd be happy to take any Commissioner on a tour of that neighborhood and show you completely empty housing projects that were the subject of the House of Lies. Those housing projects should be rehabbed and put back online. Some of them are already starting to come online. It is not fair to burden these homeowners who have lived in that area for decades in the name of creating this oversized building right up against their neighborhood. I handed out that photograph. That photograph is an example of the new urbanism that is recommended by Miami 21. That photograph was taken in Delray Beach. They have won awards for their architectural design. Three-story building, bottom floor could be commercial; top two floors could be residential. That's the sort of thing that should be taking place along the corridors. Lastly, regarding the extension of time. The Zoning Board City of Miami Page 145 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 voted this down. Why? Because, if you listen to their argument, this project was sold to a new developer, and that is the reason why they've needed more time. Chair Sanchez: Thank you. Mr. Cruz: Thank you. Chair Sanchez: All right. Ma'am. Cheryl Nemrod: Yes. My name is Cheryl Nemrod. I'm with Tacolcy Economic Development Corporation. I'm speaking in support of affordable housing for that area. We also do affordable housing, andl can tell you personally that there is not nearly enough housing for our seniors. It's in a area where there's accessibility to buses, the Caleb Center that offers all kind of services. And to deny housing for seniors is an atrocity to the community. Chair Sanchez: Thank you, ma'am. Ms. Nemrod: Thank you. Chair Sanchez: Thank you so much. Sir, your name and address for the record. Ken Knight: Ken Knight, Safe -- Affordable Safe Housing Coalition, at 754 Northwest 61 st Street, and offices there. I was on the review panel in the Liberty City community when we were undergoing the process and there again, the apart -- it -- we made decisions that were rescinded at least twice; the whole board just done away with the whole thing. Now, as they were saying here lately, they got a new developer; I know nothing about that, butl do know about the project andl know the community because, there again, I'm from that community. And what I would say, Commissioners, is that we need to make sure that, just as in every project, the standards are still the same. There has to be adequate parking. There has to be a social component to this whole thing and there should be an envelopment plan for that community so it's not a isolated project. And I'm just here for informational purposes because like I said, I was a part of that review -- community review panel. Thank you for your time. Chair Sanchez: Thank you, sir. Keith Carswell: Mr. Chair, Commissioners. Keith Carswell, 3613 East Forge Road. The proposed development, 60 units for affordable housing, I think we've all read in the paper about the shortage of affordable housing. This particular project -- or development is for seniors. There has been give and take. There's been at least three meetings with the homeowners association, not to get into the merits of it because that is not what's before you. It was multifamily. It was nine stories; it's seven stories. It's one -bedroom units for seniors. Also, the developers reached out to the community to be inclusive. You have Tacolcy here. Tacolcy actually did the first tax credit deals in Dade County. They've been a good steward in managing property for affordable housing. They're going to manage this particular development. Also, there's been a concern about maintaining the character of the neighborhood. Oftentimes, it's been said that these types of developments don't include people who, historically, live in those areas; and Model City Trust is going to help with the screening of the applicant process to -- so I would challenge you to find a developer and a development that has been as inclusive as this proposed development is in the community. Also, the fact that it generated only 7,000 in ad valorem taxes. It's going to be over $200, 000 in taxes to the City once completed. It's (UNINTELLIGIBLE) up. All the funding is in place; just need your approval for the extension so they can pull the permit and get going. Thank you. Chair Sanchez: Thank you. Anyone else? City of Miami Page 146 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Eric Thompson: Good day, Commissioner. My name is Eric Thompson. My address is 6511 Northwest 12 Avenue, and I'm a member of Liberty City Revitalization Trust, and also a activist in Miami -Dade County. For years we have been advocating for affordable apartments for senior citizen. We know there is a need and there is a need in our district. This development will help solve some of that need. Liberty City Revitalization Trust has a list. We has [sic] a waiting list already of senior citizens that will be placed in a apartment. Today -- no disrespect to the homeowners association and the folks who disapprove of this project, but we have a need; and we have to think first about the senior citizens in our neighborhood. We have homeless citizens. We have senior citizens who are homeless right now, and we need to take -- again, put aside our differences. We need to solve the issue with homeless citizens in our neighborhood and this project will help do that. So, again, please vote in favor of this project. Chair Sanchez: Thank you. Commissioner Gonzalez: Thank you. Chair Sanchez: All right. Commissioner Gonzalez: All right. Chair Sanchez: We got to refrain from doing that, please. All right. Commissioner Gonzalez: Time to fish or cut bait. Chair Sanchez: You want to take maybe just briefly -- I mean, I don't see any competent substantial evidence to deny this. Mr. Range: Just a couple of closing comments, Commissioner -- Mr. Chair. I do just want to -- for the record, the gentleman mentioned a waiting list. We do also have a waiting list; over 50 persons. I do have copies of that here -- Chair Sanchez: You and -- Mr. Range: -- just for the record. Chair Sanchez: -- every other project in this City. Mr. Range: And again, we would just, you know, urge your approval of this project. Chair Sanchez: All right. Thank you. That concludes the presentation and the public hearing. It comes back to the Commission. Vice Chair Spence -Jones: Thank you, Mr. Chairman. Chair Sanchez: For the record, we're on PZ.4. Vice Chair Spence -Jones: The only issue -- and l just want to be very clear for my residents and the folks that actually came out to support either the project not happening or it happening -- is it -- the grant of extension. We're not really dealing with how big the building is. We're not really dealing with how many units the building is, or any of that. I just want the City Attorney -- I know we've been saying it throughout the presentation that this is only for that -- we're only addressing that one issue. Ms. City Attorney, just be -- I just want to be clear. Maria J. Chiaro (Deputy City Attorney): Yes. The application before you is to consider only whether an extension of time for the issuance of a permit should be -- building permit should be City of Miami Page 147 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 granted. Vice Chair Spence -Jones: Okay. I just want to say, you know, this issue itself -- I mean, I've heard a lot already. I'm gladl got a chance to hear more this afternoon regarding the issue, but you know, it kind of -- you know, the project itself kind of put me in [sic] a rock and a hard place because I've people that love and care about on both sides of the issue that truly care about Liberty City and truly care about how Liberty City is developed, you know, so making a decision on this issue for me was, you know, a little difficult. I simply want to say that the one thing for me, though, that kind of you know -- I know one of the residents mentioned that, you know, first they were going to do affordable housing for families and then they switched over to doing seniors, andl think a lot of that happened because we expressed the need in Liberty City to have senior housing. I believe the developers in the beginning that had the land were not sensitive to the issue. I believe when this project came to us originally, it's like -- it might have been about 15 stories, so -- and then new people got the project, and one of the things that they were directed to do was to make sure they worked along with the community to come up with something that made sense. So here we went from 15 stories to 7 stories. Currently, we have a building already in the heart of Liberty City that's just being built on 54th and loth Avenue, and that building is, if I'm not mistaken, at least nine story -- at least around nine stories, and that is the first seniors building that I've in Liberty City since early 1980s, so you have to understand that there's a serious shortage of senior housing in my district. Andl believe, if I'm not mistaken, that really is Tacolcy's building that is a senior's building now that houses many of those seniors. And when my buildings open up in Overtown for a major building we did there for seniors, we had a waiting list, you know, out of the world of people trying to get on -- which we have to now shift over to 54th and loth. So there's no shortage of seniors that need a place to live. And I've to say this to the folks from, you know, the community that are directly affected by it because the building will be in front of their houses and, you know, one of my main missions when I got in office, more so than anything else, was to make sure I took care of my seniors because at the end of the day, they have nowhere else to go. We already know already just by looking at the economy right now, you know, just daily, I can just tell you the number of phone calls I get from seniors that are either the houses are being foreclosed, that either, you know, these predatory lenders are taking advantage of them. Even the houses that they do own, because they don't have any additional income to rehab them if it's been destroyed by the rain or the weather, or whatever, they have no money; and a lot of times, they don't have families left or anybody left to take care of them. So a lot of them are downsizing because they cannot afford the insurance, the taxes of these hous -- of their homes, and they're having to go to these rental units. Now, for me, it's not a difficult choice for me to make, ifI had to make a choice as to whether or not I've a place for 60 seniors to live in my communities or whether or not a building was going to be seven stories. For anybody to even, you know, think or even ask me to consider sending back -- because I want to be clear, George Mensah, andl want you to put on the record because if it's not true, I want to be clear. The $12 million that we have received in Liberty City for senior housing, if we -- let's say we don't do the project -- Commissioner Gonzalez: We lose it. Vice Chair Spence -Jones: Willi be able to keep my $12 million in Liberty City? George Mensah (Director, Community Development): No. This is a tax credit project. It's a State allocation, so once the project is not built, the money goes back to the State pool of tax credits. Vice Chair Spence -Jones: Okay. So now you're telling me that because we're at seven stories, a seven -story building that's going to only provide 60 one -bedroom units, which means there're not going to be any families living in the building, and most seniors that we know are not driving so you're not going to have a parking issue because most of them are either taking the bus or take - - most of them -- most of the seniors I know that are living in the buildings that we have are City of Miami Page 148 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 either taking the bus or taking public transportation, but it's not going to be the same level of parking happening in the building. I'm being asked to make a decision or to support a decision, not -- I just -- I allowed for everybody to speak now before I got a chance to speak on the issue. Andl want to be as fair as possible on this issue, but the reality is for me to send $12 million back to the state of Florida, which already every part of my district is hurting; it's already difficult for me to even get dollars to even build anything in Liberty City, Little Haiti, or Overtown. For me to send $12 million back for those same seniors that stood up here that may have families that are supporting them -- there are a lot of them. I can take you right in my office right now and show you a list of them that call my office all the time because they don't have a place to stay. I got seniors now moving to homeless shelters because they don't have any place to live. I got seniors eating out of canned good cat food and dog food because they don't have anything to eat. So when I've to make a choice or a decision about what's going to help my community overall, for me there's no other answer but to support having senior housing happening in Liberty City. So I just want to be very clear on this issue, though, before I close out on the issue; andl want to make sure that the developer -- and if the developer can stand up, I want to be clear on this. I know that we mentioned earlier about having -- making sure that the local small businesses in the area, at one time or the other, are involved in whatever is going to happen on that lot. Because one of the issues we have most of the time in our community is these projects come and none of the smaller businesses benefit from it, so I just want to make sure that is one of the things that's going to be committed in working along with Liberty City Trust and any other local vendors in the area to make sure that that happens. Is that commitment still in place? Mr. de Ramon: Absolutely, Commissioner. Vice Chair Spence -Jones: All right. The other issue I had was I really want to make sure -- one of the concerns we had in the last building, not the new one that just went up, but the Overtown one, was some of the seniors were not coming from the district. I think it's extremely important that we at least put together a very strong list of seniors that are actually coming from those areas first, andl know we have to do -- you know, be cautious because of the Fair Housing issue, butt really want to make sure that there's a serious, you know, outreach effort for people in the community to make sure that they have the option to have a place to live. Mr. De Ramon: Yeah. And by the way, Commissioner, we already working with the Liberty City Trust. Ms. Thompson: I'm sorry. Is the mike on? Mr. De Ramon: By the way, I was saying that we already working with the Liberty City Trust to help us out with the leasing efforts, and that's kind of people that we will have on this list. They have provided the bulk of these numbers -- Vice Chair Spence -Jones: Okay. Mr. De Ramon: -- of these names, I'm sorry. Vice Chair Spence -Jones: And then the other issue that I think is really important because neighbors do have concerns and I'm sure, as construction happens and all these other things that happen regarding the parking issues and all of that, I think it's important to at least work along with the Liberty City Trust to either -- I don't want to create another bureaucracy, so I don't want to say an advisory board or committee or anything; butl'll ask for the developers to at least quarterly go and meet with the local neighborhood associations to provide them with updates on the progress of where you guys are from a construction standpoint to make sure that the neighbors stay informed about what's happening in the overall area, so that's extremely important to me. City of Miami Page 149 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Mr. De Ramon: And, as you know, we participate in all the meetings that you have with the Liberty City Trust, so we continue the effort to outreach with the communities. Vice Chair Spence -Jones: Okay. And then the last two things is one of the issues that came up, which I think is a good issue, even though I know that most of the seniors buildings that we put up, parking is never an issue, even the one we put in Overtown. As a matter of fact, they even built parking on it and we don't -- they have more parking than they do, you know, space available; you know, so the parking has not been an issue for the seniors, but I do want to make sure that there is a conscious effort in making sure that there's no overflow -- Mr. De Ramon: Yeah. Vice Chair Spence -Jones: -- to the residents that live in the neighborhood from the parking. Mr. De Ramon: In that regard, Commissioner, I just want to point it out that we didn't ask for any parking waiver. We are providing the required parking with any exceptions or any (UNINTELLIGIBLE) for this particular overflow issue. That was raised over a year ago. So this is a housing for the elderly that we have all the required parking, and we know that by experience, we have excess parking because, as you say, most of them drive buses and public transportation; but we agreed to do that just to avoid any overflow to the neighborhood. Vice Chair Spence -Jones: Okay. And then last but not least, I did require or ask that there was some sort of commercial space since it's on 17th Avenue. Again, I don't mind the buildings coming, but it has to be a flow of what's happening already on there. There's businesses on 17th Avenue. There's going to be seniors living in this building that can't get out to go to a hair dresser. I want to make sure that whatever we create in that particular building is going to be sufficient for the seniors living there to make it as, you know, comfortable for them as possible. For instance, on 54th and IOth Avenue, we're partnering up -- or we're working with Jackson Memorial Hospital to at least put a seniors geriatric clinic right there on site so my seniors don't have to go all the way down to Jackson because they can't, you know -- they don't have a way to get there, or a specialist will come through. I really want to make sure we come up with something that's creative enough for the seniors in the building to be able to utilize and the neighborhood seniors to also utilize too so that commercial space would still be there. Mr. De Ramon: Yeah. In that regard, we have provide space for future retail. We just don't know who's going to be the final user, but on the ground floor of the -- fronting 17th Avenue, we have allocated space for retail. Vice Chair Spence -Jones: Okay. With that being said, I mean, I'm already -- again, my viewpoint is I cannot afford to lose the dollars. We need the housing. So with that, I would like to move granting the appeal. Commissioner Gonzalez: Second. Chair Sanchez: All right. There is a motion by the district Commissioner, second by Commissioner Gonzalez to grant the appeal. It is an -- it's a resolution, correct? Ms. Thompson: That's correct. Chair Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Okay. City of Miami Page 150 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Mr. Range: Mr. Chair. Chair Sanchez: Yes, sir. Mr. Range: IfI could just very quickly. We did have a number of seniors that have been waiting for quite awhile all day, and l just did want to have them to stand and be recognized. These are the persons who were mentioned on the list and persons who will be seeking residence in our project. Chair Sanchez: All right. Thank you so much. Mr. Range: So if they would please stand for us. Vice Chair Spence -Jones: Thank you for coming out. Chair Sanchez: Thank you so much. Vice Chair Spence -Jones: Sorry -- Applause. Chair Sanchez: As you leave, please exit quietly, okay, and thank you so much. Appreciate it. Mr. Range: Thank you very much, Mr. Chair. Chair Sanchez: We do have a dire need for elderly housing in our community. Commissioner Gonzalez: What are you going to do; you're going to return the money -- Chair Sanchez: All right. Let's take up -- Commissioner Gonzalez: -- and leave 60 elderly people -- Chair Sanchez: -- PZ.10. Commissioner Gonzalez: -- without housing? Vice Chair Spence -Jones: Yeah. PZ.5 08-00527Iu 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 THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 2300 NORTHWEST 14TH STREET (WEST PORTION, FOLIO #01-3134-076-0020), MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED PARKS AND RECREATION"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 151 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 08-005271u Analysis.pdf 08-005271u Land Use Map.pdf 08-005271u & 08-00527zc Aerial Map.pdf 08-005271u PAB Reso.pdf 08-005271u Miami River Commission Letter.pdf 08-005271u CC Legislation (Version 2).pdf 08-005271u Exhibit A.pdf 08-005271u CC SR Fact Sheet.pdf LOCATION: Approximately 2300 NW 14th Street (West Portion, Folio #01-3134-076-0020) [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: On June 2, 2008, unanimously found the proposal to be consistent with the Miami River Corridor Urban Infill Plan's recommendations. PLANNING ADVISORY BOARD: Recommended approval to the City Commission on May 21, 2008 by a vote of 8-0. See companion File ID 08-00527zc and related File IDs 08-005291u and 08-00529zc. PURPOSE: This will change the west portion of the above property to Restricted Parks and Recreation. NOTE(S): File previously known as 08-005281u. Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado 13014 Chair Sanchez: All right. PZ.5 through 8. Let's take them all at once. Commissioner Gonzalez: No. You got to -- okay -- all right, all right. Commissioner Sarnoff. We have to defer -- we have to vote to defer -- move to defer PZ.19. Priscilla A. Thompson (City Clerk): I'm sorry. I thought he said withdrawn. Commissioner Sarnoff. Withdrawn is okay? Okay. Chair Sanchez: Yeah, yeah, he withdraw [sic] it, so we don't need -- Pedro G. Hernandez (City Manager): Withdrawn. Chair Sanchez: -- to vote on that. PZ.5 through 8, and then we're going to take 9, which is noncontroversial. All right. Sir, you're recognized for the record. City of Miami Page 152 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Roberto Lavernia (Chief of Land Development): For the record, Roberto Lavernia, with the Planning Department. Item 5 and 6 are companion item land use and zoning change. This is second reading. It was fully presented at the first time. This is the property that the City acquired from the Police Benevolent Association in order to do a park. And item 7 and 8 are companion items, which is the remain of the -- that Police Benevolent Association property that is -- they're going to remain in their property. They want to extend the general commercial designation that they have on the north to the south. On both case, the City -- the Planning Department is recommending approval. Item number 5 was recommended for approval by the Planning Advisory Board. Item number 6 was recommended for approval for the Zoning Board. Item number 7, which is the land use change in the rest of the property, was recommended for approval by the Planning Advisory Board. And item number 9 was recommended for approval by the Zoning Board. Chair Sanchez: Okay. Before I recognize the applicant, ladies and gentlemen, if you're not here for PZ.5 through 9, enjoy your lunch. We'll be back at 2: 30. All right, Madam Applicant, you're recognized for the record. Lucia Dougherty: Good afternoon. Lucia Dougherty, with offices at 1221 Brickell Avenue, here today with the president of the PBA (Police Benevolent Association), Jerry Green, and the vice president, Joe Longera. We are supportive of these measures and -- Chair Sanchez: All right. This item is on second reading. We've had an ample -- Commissioner Gonzalez: I'll move PZ.5 -- Chair Sanchez: -- opportunity on first reading -- Commissioner Sarnoff. Second. Chair Sanchez: -- to address the issue. Therefore, it is an ordinance on second reading. The motion has been proffered by Commissioner Gonzalez, second by Commissioner Sarnoff. Discussion on the item. Ms. Dougherty: I just want to point out it's not PZ.5 through 9. It's PZ.5 through 8. Chair Sanchez: All right. I do apologize -- Commissioner Gonzalez: Yeah. Chair Sanchez: -- 5 through 8. We are -- we will be taking 9, which is noncontroversial. Okay, it is an ordinance on second reading. Anyone from the public wishing to address this item, please step forward and be recognized. As a matter of fact, anyone from the public wishing to address 5 through 8, please stand up and be recognized. Okay, for the record, the public hearing is closed, and there's no one here in opposition for PZ.5 through 8. All right. It is an ordinance on second reading. Any discussion from the dais? Hearing no discussion on this item, Madam Attorney, read the ordinance into the record, followed by a roll call. The ordinance was read by title into the public record by Deputy 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. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. City of Miami Page 153 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 PZ.6 08-00527zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 25, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO PR PARKS AND RECREATION, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2300 NORTHWEST 14TH STREET (WEST PORTION, FOLIO #01-3134-076-0020), MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-00527zc Analysis.pdf 08-00527zc CC Zoning Map.pdf 08-005271u & 08-00527zc Aerial Map.pdf 08-00527zc PAB Reso.pdf 08-00527zc Miami River Commission Letter.pdf 08-00527zc CC Legislation (Version 2).pdf 08-00527zc Exhi bit A.pdf 08-00527zc CC SR Fact Sheet.pdf LOCATION: Approximately 2300 NW 14th Street (West Portion, Folio #01-3134-076-0020) [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: On June 2, 2008, unanimously found the proposal to be consistent with the Miami River Corridor Urban Infill Plan's recommendations. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 21, 2008 by a vote of 8-0. See companion File ID 08-005271u and related File Ds 08-005291u and 08-00529zc. PURPOSE: This will change the west portion of the above property to PR Parks and Recreation. Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado 13015 Chair Sanchez: PZ -- Commissioner Gonzalez: Move PZ.6. Chair Sanchez: -- 6 -- City of Miami Page 154 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Commissioner Sarnoff. Second. Chair Sanchez: -- is an ordinance on second reading. For the record, there's a motion by Commissioner Gonzalez, second by Commissioner Sarnoff. It is -- Can you put something on the record, Mr. Director? Just put something on the record. Commissioner Sarnoff. He's already put it for -- Commissioner Gonzalez: He already did. Roberto Lavernia (Chief of Land Development, Planning Department): I did it. Chair Sanchez: Yeah, but this is -- Commissioner Sarnoff. He put it for all three. Chair Sanchez: Yeah, but they're different things. I just -- all three -- just --5 Mr. Lavernia: This is the zoning change for the same piece of property that was discussed on item number 5, and the recommendation has been for approval all the way along. Chair Sanchez: Okay, thank you. All right. Any -- a public hearing, for the record, was open and closed. There isn't anyone here in opposition. It comes back to the Commission. No further discussion. It's an ordinance 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 Deputy 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 as been adopted on second reading, 4/0. PZ.7 08-00529Iu 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 PROCEDURES, SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 2300 NORTHWEST 14TH STREET, LESS THE NORTH 140 FEET (EAST PORTION, FOLIO #01-3134-076-0010), MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Second Reading City of Miami Page 155 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 08-005291u Land Use Map.pdf 08-005291u Analysis.pdf 08-005291u & 08-00529zc Aerial Map.pdf 08-005291u PAB Reso.pdf 08-005291u School Board Impact Analysis.PDF 08-005291u Miami River Commission Letter.pdf 08-005291u CC Legislation (Version 2).pdf 08-005291u Exhibit A.pdf 08-005291u CC SR Fact Sheet.pdf LOCATION: Approximately 2300 NW 14th Street, Less the North 140 Feet (East Portion, Folio #01-3134-076-0010) [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami for the Miami Police Benevolent Association, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: On June 2, 2008, unanimously found the proposal to be consistent with the Miami River Corridor Urban Infill Plan's recommendations. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 21, 2008 by a vote of 8-0. See companion File ID 08-00529zc and related File IDs 08-005271u and 08-00527zc. PURPOSE: This will change the east portion of the above property to General Commercial. NOTE(S): File previously known as 08-005301u. Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado 13016 Chair Sanchez: PZ.7. Commissioner Gonzalez: Move it. Chair Sanchez: Motion by Commissioner Gonzalez, second by Commissioner Sarnoff. Just put something into the record exactly what is it that we're doing. Roberto Lavernia (Chief of Land Development, Planning Department): This is the second half of the property that still belongs to the Police Benevolent Association, but they have the buildings in there and they want to extend the C-2 classification that they have at the north of the property all the way for the whole property. It has been recommended for approval for Planning Advisory Board, Zoning Board, and Planning Department. Chair Sanchez: All right. Anyone from the public? Once again, just to make sure that no one has been left out in the public hearing. No one from the public. It's closed, coming back to the City of Miami Page 156 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Commission for discussion. Hearing no discussion on the item, it's an ordinance on second reading. Read the ordinance into the record, followed by aroll call. The ordinance was read by title into the public record by Deputy 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, 4/0. PZ.8 08-00529zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 25, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO C-2 LIBERAL COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2300 NORTHWEST 14TH STREET, LESS THE NORTH 140 FEET, (EAST PORTION, FOLIO #01-3134-076-0010), MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-00529zc Analysis.pdf 08-00529zc Zoning Map.pdf 08-005291u & 08-00529zc Aerial Map.pdf 08-00529zc PAB Reso.pdf 08-00529zc Miami River Commission Letter.pdf 08-00529zc CC Legislation (Version 2).pdf 08-00529zc Exhi bit A.pdf 08-00529zc CC SR Fact Sheet.pdf LOCATION: Approximately 2300 NW 14th Street, Less the North 140 Feet (East Portion, Folio #01-3134-076-0010) [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami for the Miami Police Benevolent Association, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: On June 2, 2008, unanimously found the proposal to be consistent with the Miami River Corridor Urban Infill Plan's recommendations. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 21, 2008 by a vote of 8-0. See companion File ID 08-005291u and related File IDs 08-005271u and 08-00527zc. PURPOSE: This will change the east portion of the above property to C-2 Liberal Commercial. City of Miami Page 157 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado 13017 Chair Sanchez: PZ.8. Commissioner Gonzalez: Move it. Chair Sanchez: There's -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- a motion and a second. The motion has been proffered by Commissioner Gonzalez, second by the Chair [sic]. Can you just put something into the record as to the changing of the zoning? Roberto Lavernia (Chief of Land Development, Planning Department): This is the request for a zoning change for the same property that was approved as part of item number 7. The recommendation has been all the way for approval. Chair Sanchez: All right, anyone from the public? Seeing no one, public hearing is closed, coming back to the Commission. Any discussion? On this item, I had some concern as what to build there, but could see that if they build more than three stories, it'll come back to the City. Mr. Lavernia: Yes, sir. Chair Sanchez: Okay. All right. So we're okay with that. Mr. Lavernia: Let me put on the record they are in front of the water, so they would need a Class II Special Permit -- Chair Sanchez: Right. Mr. Lavernia: -- for anything that they are doing -- Chair Sanchez: So that's what -- Mr. Lavernia: -- regardless of the height. Chair Sanchez: That's the only concern that I had. I wanted to know what they'd build there, which I -- you know, if it's reasonable, I could support them. Okay. That -- there is no further discussion. It's an ordinance 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 Deputy 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. City of Miami Page 158 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Ms. Thompson: The ordinance as been adopted on second reading, 4/0. PZ.9 08-00395zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 34, 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 PR "PARKS AND RECREATION" TO C-1 "RESTRICTED COMMERCIAL", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1702 AND 1714 WEST FLAGLER STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-00395zc Analysis.pdf 08-00395zc Zoning Map.pdf 08-00395zc Aerial Map.pdf 08-00395zc PAB Resos.pdf 08-00395zc CC Legislation (Version 2).pdf 08-00395zc Exhi bit A. pdf 08-00395zc CC SR Fact Sheet.pdf LOCATION: Approximately 1702 and 1714 W Flagler Street [Commissioner Joe Sanchez - District 3] APPLICANT(S): Pedro Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 21, 2008 by a vote of 6-2. Also recommended to the City Commission that the existing park known as the "Plaza de la Comunidad", located in the Florida Department of Transportation right of way from West Flagler Street at the North of lots 1, 2, 3 and 4, remain designated PR "Parks and Recreation," by a vote of 8-0. PURPOSE: This will change the above properties to C-1 Restricted Commercial. Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado 13018 Chair Sanchez: All right. Let's take up PZ.9. Now, I'm not going to take any other PZ (Planning & Zoning) because I basically told the people that were here that we were going to go 5 through 9. If anyone was here, I told them to enjoy their lunch, and if they left, I don't want to bring up a pocket item -- I mean, a PZ item and them not being here. So this is the last item. PZ.9 is the last item. City of Miami Page 159 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Commissioner Gonzalez: I'll move it. Commissioner Sarnoff. Second. Chair Sanchez: All right. There's a motion and a second -- well, hold on PZ.9? Commissioner Gonzalez: It's a second reading, yeah. Chair Sanchez: Well, but still we need to put something on the record. Roberto Lavernia (Chief of Land Development, Planning Department): The request is for a zoning change. The property is designated PR. There's private property where commercial activity that has been there. There's leftover of the property that belongs to FDOT (Florida Department of Transportation) where there's existing park named as Plaza de la Comunidad. And that's going to remain designated as PR. We're changing only the private property from PR to restrictive commercial. The recommendation of the Planning Department is for approval, and the Planning Advisory Board recommend for approval too. Chair Sanchez: All right. Any further discussion? Anyone from the public wishing to address this item, please step forward and be recognized. For the record, the public hearing was open and closed. The item is on second reading, and there's no further discussion. Read the ordinance into the record, followed by a roll call. The ordinance was read by title into the public record by Deputy City Attorney Maria 1 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, 4/0. Chair Sanchez: All right. Before we break for recess and lunch, let me just state that at 2: 30, when we come back at 2: 30, first item that we'll be taking up will be the Coconut Grove Business Improvement Taxing, followed by the Coconut Grove waterfront master plan, followed by Miami -Dade -- I'm sorry, Miami DDA (Downtown Development Authority), and then Live Nation. Those are the items that'll be heard after 2: 30, and then we'll resume the regular PZ (Planning & Zoning) agenda. So at this time, the City ofMiami Commission stands in recess for lunch. Back at 2: 30. PZ.10 08-00500zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING CHAPTER 4, ENTITLED "ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 4-2, ENTITLED "DEFINITIONS," AND SECTION 4-11, ENTITLED "EXCEPTIONS TO DISTANCE REQUIREMENTS," TO CREATE THE WYNWOOD ARTS DISTRICT, ALLOWING DISTANCE EXEMPTIONS AND ALTERNATE PARKING STANDARDS FOR A LIMITED NUMBER OF ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 160 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 08-00500zt Zoning Map.pdf 08-00500zt Aerial Map.pdf 08-00500zt Attachment A - NEW.PDF 08-00500zt Attachment B - NEW.pdf 08-00500zt CC Legislation (Verison 4).pdf 08-00500zt SR Fact Sheet.pdf 08-00500zt-Submittal-Support Letters.pdf 08-00500zt-Submittal-Commissioner Sarnoff.pdf 08-00500zt-Submittal-Map-Wynwood Art District.pdf 08-00500zt-Submittal-Map-Wynwood District.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING: PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will create the Wynwood Arts District and allow a cap of 15 liquor licenses within the boundaries. Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 13020 A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, and was passed unanimously, to name the district the Wynwood Cafe District. A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed with Chair Sanchez and Vice Chair Spence -Jones voting no, to allow one individual or entity to own up to 15 of the 25 liquor licenses in the Wynwood Cafe District. A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to extend the boundaries of the Wynwood Cafe District to Northwest 23rd Street. A motion was made by Commissioner Gonzalez, seconded by Commissioner Spence -Jones and was passed unanimously, to reconsider the previous motion to allow one individual or entity to own up to 15 of the 25 liquor licenses in the Wynwood Cafe District. A motion was made by Commissioner Gonzalez, seconded by Commissioner Sarnoff, and was passed unanimously, to allow one individual or entity to own up to 13 of the 25 licenses in the Wynwood Cafe District. Vice Chair Spence -Jones: And we move on to PZ.4. I really would want to have at least four -- Commissioner Sarnoff. I'll -- Vice Chair Spence -Jones: -- of my Commissioners; one stepped off. So I'm going to move to PZ.10. I would prefer to have at least a sitting body -- it's only three of us sitting up here now -- for PZ.4. City of Miami Page 161 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 [Later...] Chair Sanchez: Finally, PZ.10. Where are all the artists? Okay. It's going to be brief. Vice Chair Spence -Jones: Mr. Chairman -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- ifI can make a comment on --? Chair Sanchez: Yeah. We got to get a -- hold on. (UNINTELLIGIBLE) issue. Okay. PZ.10. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.10 is the amendment to the ordinance in order to create the WynwoodArtDistrict that was fully presented in front of you. By the suggestion of Commissioner Spence -Jones, we redo the map, including some properties where there was a lot of gallery, so we include that area, change the legal description; and this is what you have in front of you today for second reading with a new map. Chair Sanchez: Okay, so this is here in front of us. PZ.10 is an ordinance on second reading; it has been modified, but we'll address those modifications. Mr. Lavernia: Yes, sir. Chair Sanchez: Okay. So who's going to speak on the item? Yes, ma'am. Arlys Raymond: I'll start. Chair Sanchez: Okay. Ms. Raymond: My name is Arlys Raymond I'm the executive director at the Bakehouse Art Complex, which is located at 561 Northwest 32nd Street. I've a few concerns I'd like to share with all of you. As a long-time fixture in the Wynwood neighborhood, the Bakehouse Art Complex has been one of the leaders in the burgeoning art districts ofMiami. We took this leap over two decades ago, paving the way for other galleries, private collectors and museums to establish roots in this community. Established 22 years ago as a not -for -profit organization, the Bakehouse purchased its current location at 561 Northwest 32nd Street in Wynwood. Our 33,000 square foot structure is made up of two galleries, 70 artist studios, and a classroom. We are a major participant in the second Saturday Wynwood gallery walks as are many others in the already -established Wynwood Art District, which extends as far north as 36th Street and west to Northwest 6th Avenue. To arbitrarily change the boundaries and exclude those who have and continue to nourish the Wynwood arts community would be a detriment. Not -for -profit arts organizations, such as ours, have limited budgets to promote and advertise. We depend on being part of a community, an inclusive one. We all know that the sum is greater than the individual parts. The Wynwood Arts [sic] District already exists. There is no need to create a new one. Please do not dismantle an existing arts district by excluding those who are vital to the Wynwood Arts [sic] District. Thank you. Chair Sanchez: Thank you, ma'am. Applause. Chair Sanchez: All right. Listen, we need to refrain from clapping, cheering, doing the wave, fireworks. Robert Apfel: My name is Dr. Robert Apfel, past president of -- City ofMiami Page 162 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Priscilla A. Thompson (City Clerk): I'm sorry. Can we get a little closer to the mike? Mr. Apfel: Sure. Chair Sanchez: Sir, you got to get closer to the mike. Mr. Apfel: My name is Dr. Robert Apfel, past president of the Bakehouse Art Complex, presently on board of directors. I'm speaking to the definition as well as what the Miami arts district is according to this ordinance. The Wynwood Arts [sic] District has been around a number of years on its own. We encompass about 80 square blocks. This map, which I'm taking from Biscayne Times, is about three square blocks. It excludes the anchors of the arts district. It excludes the Margolis warehouse, it excludes Rubell Collection, excludes Locust projects, excludes the Bakehouse, excludes Barbara Steinbaum Gallery. It excludes the majors, and we do not understand how these lines were drawn. It's not -- but it is our purpose here to protest these lines. Let me just distribute -- this has the map of the Wynwood Art District. It shows you all the art galleries, the names, locations, and that's it; it excludes more than half of them. Vice Chair Spence -Jones: Can I just ask the Administration something really fast? Orlando, you -- In my briefings, we were told that this -- the name of this was going to change to Wynwood Cafe District. Has it not changed? Chair Sanchez: That's going to be one of the amendments presented. We'll just -- Vice Chair Spence -Jones: Okay. All right. But I think it's important to tell the public so they don't keep saying -- Mr. Apfel: This is -- you're excluding -- I mean, this -- I mean, the international arts community knows Wynwood. Vice Chair Spence -Jones: They're going to all say the same thing. Chair Sanchez: Sir. Mr. Apfel: Art district. Chair Sanchez: Sir? Mr. Apfel: Yes. Chair Sanchez: We'll take your testimony into consideration, and we certainly appreciate you being here with us today. Next speaker. Mr. Apfel: Thank you. Ben Fernandez: Good afternoon, Mr. Chair, members of the Board. Ben Fernandez, 200 South Biscayne Boulevard. I'm here on behalf of Pompey Warehouses, LLC (Limited Liability Company, as well as Mr. David Lombardi. We're here in support of the ordinance with a minor modification. What I've distributed to you is essentially a map of the existing galleries and studios in the area. That's the colored map that you have that looks like this. The other map is, of course, the proposed district with the modification that we're seeking, which is indicated by the yellow line. What we would like is simply to finish off the area, this rectangular area that goes to 23rd Street, and the reason for that is self-evident when you look at the number of galleries that exist on 23rd Street. We've met with staff. We've met with the attorney for some of the other major property owners in the area, andl think that we're all in agreement. We've also City of Miami Page 163 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 discussed this with your legal counsel, andl believe that the modification would be acceptable to everyone and your Planning Department as well. We're here to answer any questions that you have and we're here -- prepared to submit two additional conditions as well, Commissioner Spence -Jones, which I believe that you've asked -- Chair Sanchez: All right. Thank you. Mr. Fernandez: -- others -- Chair Sanchez: Thank you very much. Mr. Fernandez: Thank you. Chair Sanchez: Next speaker. Luis De Rosa: Good afternoon, Commissioners, and of course, the Mayor and the City Manager. My name is Luis De Rosa. I'm at 3550 Biscayne Boulevard, and I'm here in support of this new initiative; andl believe that it's going to not only benefit the Wynwood area; but also benefit the other communities as well, as well as Allapattah. It would allow for business opportunity through the arts to be in a targeted area, and in addition to that, we believe is going to create a number of jobs. We had some Puerto Rican artists with us as well. On my -- on a recent trip to Puerto Rico, I met an artist dealer out of Puerto Rico who's concerned, and knows about Wynwood, but was concerned about the lack of perceived security. We know crime is high. It's high all over, of course, like I like to tell people. He was concerned about that. And we believe that this would bring in additional traffic to the area, and in doing so, would create opportunities for people from outside to come in and sort of feel safe; and of course, create jobs through the cafes and the other opportunities that it's going to develop. So I stand here today to ask you to please support this initiative. We stand 100 percent behind it, and in fact, we've been talking to some of the individuals to team up with Artistic Awakening, a local -based non-profit group that we're supporting that is going to be working with them as well, andl know ASPIRA is here; and I've talked to Borinquen Healthcare Center. They're supporting it as well. And in addition to that, De Hostos Senior Center will be in support of this as well. So we thank you for your support, and we look forward to working with this (UNINTELLIGIBLE) and we ask you to please support this. Chair Sanchez: Thank you. Mr. De Rosa: Thank you. Chair Sanchez: Next speaker. Damien Boisseau: Hi. Good afternoon. I'm Damien from the Damien B. Contemporary Art Center at 282 Northwest 36th Street. I come here as a property owner, a taxpayer, and as well a non -for -profit owner. And I'll not go back to the idea of the name that Wynwood Art District should be as it's on this map -- on the map you have here. Another issue about this big project, every big project that will develop this entire neighborhood is absolutely welcome. We are supporting it 100 percent. But one of the issue is that I don't know how much the City money -- City from the -- money from the City is involved in this, and one of our issue is the fact about the security because we're afraid that the money that's going to be used will be to protect mostly those little area of this couple of blocks that is this project. As might know or not, we have a big issue about security in Wynwood; the crime rate just rising. We had problem every single day, andl guess that the money from taxpayers need to be used also to secure the entire neighborhood. As you know, at the end of the year, there's a big art week where thousand of people from the entire world -- entire art world come here to Miami, and especially in Wynwood, and they need to see a clean neighborhood and the neighborhood with no crime. So I guess City of Miami Page 164 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 that's one -- another issue, to clean up the neighborhood and to stop the criminal activity. Chair Sanchez: Thank you, sir. Mr. Boisseau: Thank you. Chair Sanchez: Ma'am, state your name and address for the record. Ivdia Velazquez: Yes. My name is Ivdia Velazquez, andl'm manager ofArt Rouge Gallery in Wynwood, 36 Street. We have had several meetings with the galleries of the street and other streets, and mainly, we do support the initiative. I think it's a very good initiative and a very good starting point to start solving other problems -- other major problems that are happening in the district, like security, street lighting, cleanliness, and beautification of the district, parking for our guests, et cetera. But the two main issues that are discussed in the meetings between the galleries are, first of all, the name, which I already know that it's probably going to be changed to Wynwood Cafe District because the WynwoodArt District name has been established -- has establish for years, and it's been work by the galleries for year with a lot of efforts; and it has opposition locally and internationally, andl don't think it's fair that we'll exclude like almost 60 percent of the Wynwood art population just because they want to, you know, take their -- the name for their own project. And second of all, the second main issue that we discussed among the galleries of the district is that we'll love for these kind of initiative to be established not only in a small portion of the Wynwood Art District, but also to be expanded to other zones also because the WynwoodArt District is very big. It's almost from 36th Street to 1620 -- what -- which one? Unidentified Speaker: Twentieth Street. Ms. Velazquez: -- 20th Street, so that's basically the two points. We do support the project, but we have those two main issues that we wish that you guys reconsider. Thank you. Ken Bercel: How you doing? My name is Ken Bercel, and I'm the owner of the Lost and Found Saloon. I'm in the Wynwood Arts [sic] District and it's a great district, andl'm interested in this whole proposal because I think it'll bring some light to the area. I just wanted to mention that a lot of people that are outside of this proposed zone are the people that built this whole reputation, andl think they need a lot of consideration so that everything doesn't go to this area and benefit the people that are actually property owners in this area, and it's got to be something that everybody in the area not only knows that it's going to bring people to their area, but a it's also going to shine light on the entire Wynwood art area, not just this district. I think that's what some of these people are talking about. My specific issue here is that I own a casual gourmet restaurant, andl've a permit to sell beer and wine, but can't sell it unless somebody has a full -course meal, andl'm sure that's a topic that's come up before with other establishments, so it's not that I'm saying this is a problem that just I'm having. However, one month after I opened, the DOT (Department of Transportation) tore up my road for a whole year, so for a whole year, I had no road, no parking, no sidewalk, and it was difficult. Now that I hear about this project, I hear that there are 15 permits that are going to be given away that are going to allow people to serve beer and wine and alcohol without serving food, andl've been trying to get one of these permits for three years; and for me, I'm struggling just trying to stay open, and I'd like to be in consideration to get one of those permits also. I'm nine blocks from this area, and that's basically why I'm here. So maybe others that are around can be thought of also. Chair Sanchez: And you're outside of the area? Vice Chair Spence -Jones: No. Mr. Bercel: Nine blocks -- City of Miami Page 165 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Vice Chair Spence -Jones: Outside. Mr. Bercel: -- away from the proposed area, but I'm in Wynwood, so -- Chair Sanchez: Okay. Thank you, sir. Mr. Bercel: Thank you. You're welcome. Chair Sanchez: Next speaker. Perry Milou: Good afternoon. My name is Perry Milou. I've a new gallery in Wynwood, probably the newest gallery, at 17 Northwest 36th Street. I'm actually a few blocks down from Ken and glad that I'm following behind him because I understand his plight, his situation, and his strife with his restaurant. I'm in full support of what the Goldmans are proposing to change the name to Wynwood Cafe District. That's obviously what you're voting on this afternoon, Wynwood Cafe District, which is -- seems that's going to be clear. Based on some of the things that you heard from some of the other people -- and I've only been in Miami for nine weeks. I just moved here from Philadelphia, so I -- Chair Sanchez: From Philadelphia? Mr. Milou: Yeah. I see what is here in Wynwood now; I've heard what has happened before. It's obvious that not just a zone where they're preparing or wanted to do development of restaurants and cafes and retail; it needs to be extended to rest of the district and there needs to be allowances for other businesses to thrive too, not just in the zone that we're speaking of today. Thank you. Chair Sanchez: Thank you so much. Next speaker. Alex Tachmes: Good afternoon. My name is Alex Tachmes. I'm an attorney at Shuns & Bowen, 201 South Biscayne Boulevard, in Miami. And I'm the attorney for Goldman Properties. Joining me today is Julie Goldman, the president of Goldman Properties, and also joining us is the great team from Goldman Properties that is also sitting here in the front row with us. As you know, you're here today for the second reading of the Wynwood ordinance. In response to the comments of Commissioner Spence -Jones and the other Commissioners at the first reading, Goldman Properties has worked extremely hard since first reading to meet with members of the Wynwood community and discuss the benefits of this ordinance with them. We're excited about this ordinance, and we want everyone in the community to share in this excitement and enthusiasm. And we're happy to say the community overwhelmingly shares our excitement and support for this new law. We have distributed to you today copies of over 30 letters of support for this ordinance, and the letters come from all sectors of Wynwood, from businesses, from residents, from community organizations, museums, and art galleries. There is simply broad -based support for this wonderful initiative, and copies of those letters had been distributed to you today. We would like to respectfully request, though, two amendments to this ordinance. During the course of the community outreach process, we spoke to many artists and gallery owners. A number of them have already spoken today. As you're aware, the artists and galleries are the lifeblood of Wynwood They are the ones who put this area on the map. They had the vision and faith to open new gallery businesses in Wynwood when most everyone else was staying away, and it's because of them that Wynwood is known today as an international arts district. Our company, Goldman Properties, has a long and proud history of working in partnership with artists and galleries as we invest in real estate throughout the U.S. (United States). In multiple cases, in SoHo in New York, in South Beach in Philadelphia, and in other areas, we have been firm in our commitment to partner with artists and galleries to make neighborhoods great, and Wynwood is no exception. Although the gallery owners and artists are City of Miami Page 166 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 overwhelmingly in support of this ordinance, as they've indicated, they did raise an issue with the language of the ordinance, specifically its name. Many gallery owners and artists object to the name Wynwood Arts [sic] District because that district already exists and encompasses all of Wynwood. It is much larger than the small area that is the subject of this ordinance. By calling this new area the Wynwood Arts [sic] District, they argue that we're excluding many galleries that already are part of the existing Wynwood Arts [sic] District, and honestly, nobody wants that outcome. And for that reason, we are respectfully requesting that the ordinance be amended and the name of this new district be called the Wynwood Cafe District. Secondly, we would like to discuss an additional amendment. As you all know, the map and the proposed boundaries of the district have changed a lot since first reading; they've become much larger, and as you've also heard, there's another amendment on the floor that was proposed by counsel for Mr. Lombardi seeking a further expansion of the boundaries. It's critical that the number of galleries in this district provide a critical mass for the urban street life and the vibrant area that we need in order to make this district a success. The ordinance that passed on first reading featured a map of the new district with 15 licenses. On second reading today we can all see that the map of this area is, as I indicated, much larger. We would like to keep the same density of restaurants and bars with this new map. If 15 licenses was appropriate under the old smaller map, then we believe 20 to 25 licenses should be the cap under this new, larger map. In order for this district to succeed, it is essential that there be a critical mass of restaurants, bars, and related businesses all within a short distance of one another to promote a vibrant and energized street life. If the map becomes bigger, but the licenses stay the same, that critical mass will evaporate. Therefore, we respectfully request that the number of licenses be increased to 20 to 25. And then finally, we've had multiple conversations with Commissioner Spence -Jones's office, and we had agreed to read into the record a commitment that we would like to make relating to seven points, based on our discussions with the Commissioner's office. I'll read that now. If this ordinance is adopted, we would be happy to join our fellow property owners in committing to do the following: One, we'll work with ASPIRA to participate in an ambassador's program. Through this program, youths residing in Wynwood will receive jobs to act as ambassadors of the Wynwood area during the second Saturday events held each month in Wynwood Wynwood youths also will receive jobs to handle various clean-up tasks after the conclusion of each second Saturday event; number two, we'll participate in a Hospitality Institute Program, an already successful jobs program initiated and currently being conducted through the CRA (Community Redevelopment Agency). This program seeks to place Wynwood residents in hospitality jobs throughout South Florida; number three, we'll use good faith efforts to give a preference in the hiring process to qualified residents of the City for non -construction jobs for each new business operated by Goldman Properties in this new district, with the goal of having Wynwood residents fill at least 25 percent of entry-level positions and 25 percent of managerial positions. We also will use good faith efforts to utilize qualified local small businesses; number four, we'll work with the Puerto Rican Chamber of Commerce to participate in quarterly meetings of neighborhood businesses to discuss any complaints or concerns regarding the new district; number five, we'll work with the Puerto Rican Chamber of Commerce to assist in the publication of an annual directory of businesses in Wynwood; number six, we'll develop a security plan for the new district; and finally, number seven, we'll be happy to meet with Dorothy Quintana and the De Hostos Senior Center to discuss this new law and how it will benefit the community. Chair Sanchez: All right. Mr. Tachmes: Thank you for your patience. We're all excited about the new district and urge your approval today. Chair Sanchez: All right. Thank you. Anyone else? Let's try to wrap this up. Okay, this'll be the last speaker? Eyves Barukh: My name is Eyves -- City of Miami Page 167 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: You'll be the last speaker, sir? Mr. Barukh: -- Barukh. I want to thank you for your time. Priscilla A. Thompson (City Clerk): I'm sorry; I didn't get your name. Mr. Barukh: Eyves Barukh. Chair Sanchez: Barukh. Ms. Thompson: Thank you. Mr. Barukh: All right. I wanted to thank you for your time, Commissioners. I know this has been a lot of work. I want to also state for the record that I support the ordinance. I wanted to thank the Goldmans for them being the first to ever take that effort to bring this to this level. I think there's a lot to say with that. They've showed what they could do in other cities and they did work with the cities around them. They have created the SoHo district in New York and look at what happened to all the districts around it, so just wanted to show my support. Thank you. Chair Sanchez: All right. Thank you so much. Last speaker, and we'll close the public hearing. I think he left. Did he leave? All right. Commissioner Gonzalez: Call the question. Chair Sanchez: Okay. The public hearing is closed; comes back to the Commission. Okay. There's been a motion and a second on this, Madam Clerk? Ms. Thompson: No. Commissioner Gonzalez: No. Chair Sanchez: No. Well, we need a motion and a second, either to support or deny. Vice Chair Spence -Jones: So moved. Chair Sanchez: Motion to support by Vice Chair -- Vice Chair Spence -Jones: Discussion. Chair Sanchez: -- Spence -Jones. Is there a second? Unidentified Speaker: Except -- Chair Sanchez: There'll be amendments. Let's vote on something, and then we'll add the amendments, okay. All right. Commissioner Sarnoff. Then I'll -- Chair Sanchez: Is there a second? Commissioner Sarnoff. -- second it, but I've some amendments. Chair Sanchez: Okay. There's a motion and a second with the amendments. It's under discussion. We could discuss the item and then we could implement -- City of Miami Page 168 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Commissioner Gonzalez: As amended -- Chair Sanchez: -- the amendments. Commissioner Gonzalez: -- with more amendments, right? Commissioner Sarnoff. Correct. Chair Sanchez: Okay. So let's handle it that way. All right, Commissioner Spence -Jones and then Commissioner Sarnoff. Vice Chair Spence -Jones: Okay. First of all -- Chair Sanchez: Let me get a pad for this one -- Vice Chair Spence -Jones: Ooh. Chair Sanchez: -- because I know there's going to be a lot of amendments. Vice Chair Spence -Jones: Well, not for mine. For the most part, most of this stuff was adhered to, so I don't have to -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- I don't have a lot to go through, but I do want to say Commissioner Sarnoff and do share very -- a lot of this Wynwood Cafe District, so -- half and half actually. It's amazing how the map keeps growing, but that's a whole nother subject. But let me just say this, first of all, I do want to commend the group for really going out to really make sure that people got information about what was happening in the area. My biggest concern from day one on all of this was that the developer and the people in the community that were pushing this project really made sure they did major outreach in the area. And it's amazing, when we start talking about Wynwood, a lot of times when we think of Wynwood, we think of Wynwood the arts district, which is great. This is a newfound thing that's happening in the area, but we don't think about the people that were there before we got there, you know. And the biggest concern I had in all of this, you know, is that a lot of the times the people that were born and raised in Wynwood that, quite frankly, don't even know what's going on in the galleries, period, most of the time, are not being consulted with or communicated with about what's happening in the area in which they grew up in. So for me, I mean -- I understood -- I understand how people can get on the mike and say, well, you can't really call it this district because, quite frankly, we had it before anybody else did, the Wynwood Arts [sic]District. Well, quite frankly, somebody had it before you had it, so those people need to be talked too. So my first stop with the Goldmans [sic] was you need to talk to the community that's lived there, the Latin -based community, the Puerto Rican community, the Nicaraguans, the Dominicans; those folks that live there because I thought it was important for them to do that. And I've to say that when I look at these letters -- andl said I was not going to support it unless people stepped up to this mike today or either sent letters in saying that they supported it happening, it wasn't going to happen for Spence -Jones, so I do want to commend you guys for getting those letters and making sure that there was serious outreach to the groups that really have the roots in the community. Secondly, I think it -- I thought it was extremely important that, you know, this whole issue of arts district, cafe district, I think that it is -- was disrespectful to not include the galleries that are already there, so I'm glad that the name has been changed to address that issue, and I'm hoping there's going to be ongoing dialogue -- not just because the item gets passed -- with the galleries to make sure that there's some connection between whatever the cafe district is doing along with the arts district is doing, which is what I'm hearing today. So for me, the major issues and concerns I had and the reason why I was giving everybody such a hard time about this, I just felt that when I saw that City of Miami Page 169 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 article in Biscayne Boulevard Times, I said -- that was the reason I had a concern, you know. That was the reason why I was not in such a hurry to support it because I felt that not enough outreach had taken place. Now I do -- Lost and Found I probably eat there at least once every other two months or three months because they have great food there. I had concerns with Northwest 2ndAvenue not being included, period, you know, but -- you know, I was told that we needed to keep the map as tight as possible in order for you to have some sort of impact, but every time I get a map, it's a changed map. So my question becomes -- Orlando, I guess -- how are we deciding, you know, where that map actually needs to go? I mean, was it a problem with just doing an overlay to the existing WynwoodArts [sic] District and making that available? Was it because the WynwoodArts [sic] District was too big? Was that the reason why we did not just take that as the area, because I'm just trying to understand why that happened that way? Because now you going -from 15 to -- now you're asking for -- going -from zero, I believe, liquor license in the area, correct? There's none there now. Orlando Toledo (Senior Director, City Manager's Office): There's none -- Vice Chair Spence -Jones: Right. Mr. Toledo: -- there now. Vice Chair Spence -Jones: So you went from zero to wanting ten, to then wanting fifteen; now you want twenty, so I'm just trying to understand is there any reason why --? Mr. Toledo: The reason why the map was drawn that way was because we looked at the concentration of all the galleries that are out there, and as we looked at it more and more, we realized that the only way that we could tie most of these galleries in was by increasing the map. Vice Chair Spence -Jones: Right. But I'm just going to give you a prime example, and then I'm going to shut up because I can feel my Chairman breathing on my neck over here. For me, I just thought that, you know, when you talk about Northwest 2nd Avenue, which is a lot of little, small cafes and stuff like that on there, all the way up to -- really to 36th Street, it seems as thought the heart of Wynwood, the Wynwood community -- I'm talking about the residents that were born and raised there -- it's almost like they're not going to get any benefits out of it. You know what I mean? So I'm just trying to understand what -- how did you come up with the -- this map -- the original map now that is expanded. Is it -- is there any reason why it couldn't include the whole arts district, which would pick up, you know, those areas? Mr. Toledo: Again, we were looking at the most concentration of galleries and that's how that map was derived. Vice Chair Spence -Jones: Okay. Mr. Toledo: Again, if your choice is to also include up to 2ndAvenue, we could go ahead and do so. Vice Chair Spence -Jones: Okay. All right. That was my only comment, but I support it 100 percent. I'm glad that you guys are now putting -- and making sure that the community -- the whole entire community is participating. I do want us to make sure -- I -- hopefully, Commissioner Sarnoff will have some comments on the map so we can come up with a solution that makes sense for everyone. Chair Sanchez: All right. Before we move on to Commissioner Sarnoff, as the Chair, just to have some control here, I think that we're looking at three issues, maybe possibly more that we need to come to an agreement. One is the name, the other one is the liquor license or the number of liquor licenses, and the other one is -- City of Miami Page 170 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Vice Chair Spence -Jones: The map. Chair Sanchez: -- the proposed boundary for the site. I think we all agree on that being good for Wynwood. Vice Chair Spence -Jones: Right. Chair Sanchez: Okay. So at this time, I'll recognize Commissioner Sarnoff. But right now there has been proffered no amendments, so why don't we just try to take care of one that I think we all agree on so I could get -- Commissioner Sarnoff. Wynwood Cafe District. Chair Sanchez: -- some control here, the Wynwood Cafe District. I think -- do we all agree on that name? Commissioner Sarnoff. Yes. Vice Chair Spence -Jones: Yes. Chair Sanchez: We all agree on that name? Commissioner Gonzalez: Yes. Commissioner Regalado: Yes, sir. Chair Sanchez: All right, so go ahead and make a motion as to the name. The official name will be -- Vice Chair Spence -Jones: So -- Chair Sanchez: -- called Wynwood Cafe District. Vice Chair Spence -Jones: -- moved cafe -- Wynwood -- Chair Sanchez: There's a motion -- Vice Chair Spence -Jones: -- Cafe District. Chair Sanchez: -- made by -- Commissioner Gonzalez: Second. Chair Sanchez: -- the Vice Chair -- Commissioner Regalado: Second. Chair Sanchez: -- second by Gonzalez. Discussion on the item? Hearing no discussion on the item, that item has been addressed. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition? So what's in a name? City of Miami Page 171 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Vice Chair Spence -Jones: Wynwood -- Chair Sanchez: Has a name. Vice Chair Spence -Jones: Right. Chair Sanchez: It's called the Wynwood Cafe District. Vice Chair Spence -Jones: Yes. Chair Sanchez: Now we move on to the other items, but before we do that, Commissioner Sarnoff. Commissioner Sarnoff. Well, first, I want to give my compliments to Commissioner Spence -Jones, who I think did a great job of improving an ordinance in ways thatl never considered, and think it really benefits the community. Anytime you draw a line, somebody's always on the other side of the line, and as soon as you move the line further north, there's somebody -- Chair Sanchez: Somebody else is (UNINTET,TIGIBLE). Commissioner Sarnoff. -- that's always further north that wants to be there. As soon as you move south, there's somebody else that needs to be there. They're trying to create a critical mass. I've lived in SoHo. I know what SoHo's about. I know that you can walk three blocks out of SoHo; you're in Chinatown; you're in a whole different part of the community. So I understand that you need to create the mass, and I'm going to try to help you create that mass, but I'm also going to use my New York knowledge. First off I think we should increase it to not less than 25. I think that's where we need to be. However, with that -- Commissioner Gonzalez: Second you on the 25. Chair Sanchez: Whoa, whoa, whoa, whoa, whoa, whoa, whoa, whoa. All right, we're -- starting point, okay, 15 to 25, right? Vice Chair Spence -Jones: Fifty to twenty-five? Chair Sanchez: Fifteen to -- Vice Chair Spence -Jones: Oh, okay. Chair Sanchez: -- twenty-five. Let's go to -- okay, and then we'll select a number, so right now the boundaries that we're discussing is 15 to 25. All right, go ahead. Commissioner Sarnoff. All right. But, however, you want to be careful that not one owner, not one -- Vice Chair Spence -Jones: Yeah. Commissioner Sarnoff. -- proprietor owns all 25 of those permits or licenses, so here's what I suggest we do. I suggest in Subsection 2, sub letter J, we create the language that says this: Not more than ten of the permits allowed shall be granted, nor shall any permit be transferred to any person or entity who is an affiliate of any other person or entity who has or seeks a permit in this district. An affiliate is any person or entity who is an owner, shareholder, member, partner, agent, officer or director of any person or entity who has or seeks a permit in this district. So nobody can monopolize this district, and that means that the most they can own is ten, so that -- City of Miami Page 172 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: All right. Hold on, counsel. All right. That language that you have just stated, you want to toss that as an amendment -- Commissioner Sarnoff. Correct, as two (UNINTELLIGIBLE). Chair Sanchez: -- to that. Why don't you just add to your amendment not to exceed 25 liquor licenses? Commissioner Sarnoff. That you could put that there as well. Chair Sanchez: Okay. Commissioner Sarnoff. Correct. Chair Sanchez: So there's a motion. Is there a second? Commissioner Gonzalez: No. Commissioner Regalado: Second. Commissioner Gonzalez: Not to exceed 25. I will second 25. Chair Sanchez: Not to exceed 25. Commissioner Gonzalez: No, no, no. Not to exceed -- Chair Sanchez: Twenty-five? Commissioner Gonzalez: Yeah, 25. Chair Sanchez: Total -- okay. Commissioner Gonzalez: No, no, no. Not to exceed because -- Chair Sanchez: Okay, okay, okay. Listen -- Chair Sanchez: -- when you say not to exceed, it could 15, 18, 17, 19, 21. No, no; 25. Chair Sanchez: I'm going to make it very simple, total of 25 liquor licenses. Commissioner Gonzalez: Twenty-five total license. Andl would like to offer afriendly amended [sic] of -- on your proposal of 15 licenses. Commissioner Sarnoff. So that no person can own more than 15 licenses. Commissioner Gonzalez: Than 15 licenses. Commissioner Sarnoff. I accept the amendment. Chair Sanchez: No, no, no, no, no, no. Come on. Commissioner Sarnoff. I accept the amendment. Chair Sanchez: Not 15. Let's go to 10. Come on, 15. I mean, you're -- City of Miami Page 173 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Commissioner Gonzalez: There isn't those many people that are going to be applying for the licenses. Chair Sanchez: Well, the bottom line is -- Commissioner Gonzalez: They'll be able to obtain those licenses. Chair Sanchez: I understand, but the bottom line is it's going to get to a point whoever could afford the license is going to get the license. Commissioner Gonzalez: Well, that's the way -- unfortunately, that's the way it is. Chair Sanchez: That's the way it is, I know. Commissioner Gonzalez: You want to get a license, you got to pay for the license. Chair Sanchez: All right. Okay. Commissioner Gonzalez: That's the way it has been -- always has been. Chair Sanchez: All right. Listen, this is democracy here. Are you for 15? Commissioner Gonzalez: I agree with you. Commissioner Sarnoff. I'll accept his 15 amendment. I'll accept it. Chair Sanchez: You'll accept the 15? Commissioner Gonzalez: Yeah. Chair Sanchez: Commissioner Regalado, 15? Commissioner Regalado: Yes, no problem. Chair Sanchez: So one individual can own up to 15 liquor licenses; that I don't support, but, you know, it's three to one. All right. Commissioner Gonzalez: And let me add a little bit on my point on the licenses. It's not only the fee on the licenses; it's the requirements of the location in order to obtain the license. Chair Sanchez: Okay. Commissioner Gonzalez: Because we had to go -- I had to go through the requirements with the Administration on the case ofMelreese Golf Course. The amount of seating, the amount of bathrooms, the amount of -- you know, there are so many requirements that it is unbelievable. Chair Sanchez: All right. So what we have now is -- which the three votes are there, and we'll vote on it officially -- a total of 25 liquor licenses. One individual could hold or possess -- Commissioner Sarnoff. Fifteen. Chair Sanchez: -- 15 of the licenses -- Commissioner Sarnoff. Right. City of Miami Page 174 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: -- with your language? Vice Chair Spence -Jones: Wait, wait. Commissioner Sarnoff Correct. Vice Chair Spence -Jones: Okay. Chair Sanchez: Let me just brief you on this. Vice Chair Spence -Jones: Okay. Chair Sanchez: What's been proffered so far is that we agreed on the Wynwood Cafe District, so there was an amendment, and that's the name -- the official name of it. The other think was on the number of licenses. It was 15 to 25. Commissioner Sarnoff made an amendment where it says that 25 or up -- total 25 licenses, and then his language that he's proposing is that one individual cannot own them all -- Vice Chair Spence -Jones: Oh. Chair Sanchez: -- but one individual can own up to 15 licenses, andl said ten -- Vice Chair Spence -Jones: Okay. Chair Sanchez: -- but it's 3/2 right now. Vice Chair Spence -Jones: Okay. Let me ask this question because -- and maybe I'm just living in another world right now, but why would we want one person to monopolize --? Commissioner Sarnoff We don't. Vice Chair Spence -Jones: Well, I mean, if a person has 10 -- has the option of having 15, which is -- I'm assuming is what you're proposing, that's almost half or more than half -- Commissioner Sarnoff The way it was written now, there was no -- Applause. Vice Chair Spence -Jones: That's not cool. Commissioner Sarnoff -- restriction at all. Chair Sanchez: All right, all right. Commissioner Sarnoff It doesn't mean they can own 15; it means they can't own more than. Vice Chair Spence -Jones: Yeah. Commissioner Sarnoff I had suggested 10 and Commissioner Gonzalez add -- asked for a friendly amendment to 15. The point is the way it was written before, one person could have possessed all the licenses. Chair Sanchez: Own all of them. City of Miami Page 175 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Vice Chair Spence -Jones: Okay. Well, I'm glad you -- whoever caught that -- who caught that? Did you catch that? Commissioner Sarnoff. Yes. Vice Chair Spence -Jones: Okay. I'm glad you caught it because ten or fifteen, I don't -- to me, I just think that whoever's doing that or whoever would have that opportunity would be monopolizing the situation. Damien B. just stood up and they own they [sic] own gallery over there; maybe they want to have a little cocktail lounge in their gallery now, you know, so in -- not taking anything away from Lombardi or the Goldmans, but we do know y'all own the majority of the properties there, come on. Every -- do y'all not know that? Unidentified Speaker: Yes. Vice Chair Spence -Jones: Okay. So I think that we need to consider that number. Chair Sanchez: All right. Well, let's -- so, listen, the only way we're going to resolve that issue is if we vote on it. So, Commissioner Sarnoff, put it in a motion and we'll vote on it, the 15; that one owner could own up to 15 licenses. Commissioner Sarnoff. Okay, that's my motion, as amended by Commissioner Gonzalez. I accept it as amended. Chair Sanchez: All right, there's a motion and a second. I think we debated the issue. It's time to vote on the issue, okay. So what you've proffered on that amendment, it is -- and want you to understand it, Vice Chair -- that one individual could own 15 licenses. Vice Chair Spence -Jones: It's a problem. Chair Sanchez: All right. All in favor, say aye.' Vice Chair Spence -Jones: No. Chair Sanchez: There's two nos, but it still passes, right? Vice Chair Spence -Jones: Yeah. Chair Sanchez: Okay, but it still passes. So now, you have an individual owner owning up to 15 license, a total of 25 license. That's -- that takes care of the licenses, right? Commissioner Sarnoff. Correct. Chair Sanchez: Now let's go to the boundaries. Okay, boundaries. Commissioner Sarnoff. I would -- I'm going to accept the amendment that was proffered to go to 23rd Street. I -- at some point -- Chair Sanchez: Twenty-third Street? Vice Chair Spence -Jones: Twenty-third Street? Or 36th Street? Commissioner Gonzalez: I believe it makes sense because cutting this street in half, I mean, you know, you go 50 feet from one end and 50 feet on the end and then close -- you know, broken in the center. City of Miami Page 176 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: All right. On the boundaries, need a -- you're propose -- you're offering a motion to extend it to include Northwest 23rd Street, correct? Commissioner Sarnoff. Correct. Chair Sanchez: Is there a motion? Vice Chair Spence -Jones: Well -- Chair Sanchez: There's a motion by -- Commissioner Sarnoff. So moved. Chair Sanchez: -- Commissioner Sarnoff. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Gonzalez. The item is under discussion. Vice Chair Spence -Jones: Yes. I definitely -- Chair Sanchez: You're recognized for discussion, Vice Chair. Vice Chair Spence -Jones: I do understand why you want to take it to 23rd It doesn't make sense not to, but again, are we not saying that we want to -- not consider some of those small Wynwood businesses that actually been there for 20, 15 years on Northwest 2ndAvenue? Commissioner Gonzalez: But the problem on the liquor license is not that you cannot have a liquor license anywhere that you want. There is a specific -- you're required to have two bathrooms. Vice Chair Spence -Jones: Right. Commissioner Sarnoff. Right. Commissioner Gonzalez: You're required to have "X" amount of seating. It's a problem that we confronted with the golf course. I had to seek the Administration -- am I right? -- with ATF in order for the City to accommodate the golf course to requirements of ATF so they could get the license. Vice Chair Spence -Jones: Okay. Let me just say this, Commissioner. Commissioner Gonzalez: I know a little bit of the business -- Vice Chair Spence -Jones: I know. Commissioner Gonzalez: -- because I own it for five years (UNINTET,TIGIBT,F) Vice Chair Spence -Jones: And I'm sure you -- and I'm just a neophyte trying to learn, that's all. But I -- first of all, most of those businesses over there that are now all warehouses so most of them do not have what you're saying some of these places might -- are supposed to have, so no matter what, they don't have it anyway. They're going to have to build that. But l just think that it is -- and I don't know where my Puerto Rican chamber person is. He's -- if he's gone already. Chair Sanchez: He's gone. City of Miami Page 177 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Vice Chair Spence -Jones: Okay. Commissioner Sarnoff. Luis De Rosa. Vice Chair Spence -Jones: I just think that to not consider the people that have lived in Wynwood that know for a fact, right there on Northwest 2ndAvenue that have places there now that if they had the opportunity to do some sort of expansion, they would. That's one. Andl know a Puerto Rican business there right now, andl know a Dominican business right there now. And then, not only that, north -- 36th Street. I just mentioned Lost and Found. I mean, great place to eat; would be great if he could serve more than just beer and wine. So I just -- how -- and these are the people that really -- these are the food establishments that are there right now. It's not that they're coming; they're there now, so it's -- to me, it -- they're not going to be built; they're there now serving food, so it only makes sense to at least find a way to support them. Chair Sanchez: All right. So as presented on the boundaries, there's a motion and a second to extend it to Northwest 23rd Street. You want to add something on the record before we vote on this? Mr. Toledo: I'm just going to go ahead and -- Lourdes is going to put something on the record following what Commissioner Gonzalez said on exactly the process is -- Chair Sanchez: Okay. Mr. Toledo: -- so that everybody understands. Chair Sanchez: The liquor license? Lourdes Slazyk (Director, Zoning Department): Yes. Mr. Toledo: Yes. Chair Sanchez: Yes. All right, go 'head and put it on the record. Ms. Slazyk. I just want to clam one thing because of the way the discussion is going, there may be some misleading going on here. The City does not issue the liquor licenses -- Commissioner Sarnoff. Right. Ms. Slazyk: -- okay; that's through the State. Chair Sanchez: The State does. Ms. Slazyk. All this ordinance does is removing the distance limitations between the licenses. There was a comment made about you need a certain amount of seats. There's -- seats are required if you get a certain type of license as a restaurant. Those are exempt from distance anyway. This is for bars. Commissioner Sarnoff. Straight liquor. Right. Ms. Slazyk. For straight liquor, the four COP (Consumption on Premises) quotas. Those licenses run between 80,000 and $120, 000. Commissioner Sarnoff. Hundred and twenty thousand dollars, right. City of Miami Page 178 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Ms. Slazyk: But when we approved the one on 8th Street, some people were under the -- they came to see us in Zoning thinking we had licenses for them and it's -- okay, I just wanted to be real clear -- Chair Sanchez: We got it. Ms. Slazyk: -- the City doesn't issue the licenses. This is just a distance exemption -- Commissioner Gonzalez: It's -- Chair Sanchez: Okay. Ms. Slazyk: -- between licenses. Chair Sanchez: All right. Commissioner Gonzalez: It's the State. Commissioner Sarnoff. Thanks for claming that. Commissioner Gonzalez: It's the State. Chair Sanchez: Thank you for clarifying that. All right, let's go to the boundaries. There was a motion and a second to add that little square there. Okay, there's a motion and a second. The item is under discussion. Hearing no discussion, we're going to vote on it. All in favor to include Northwest 23rd Street, say "aye." The Commission (Collectively): Aye. Maria J. Chiaro (Deputy City Attorney): Mr. Chair. Vice Chair Spence -Jones: But okay -- then I want to make -- okay, aye. Chair Sanchez: So that -- Vice Chair Spence -Jones: I mean, 'cause it's not like I don't want to include that, Mr. Chairman. Chair Sanchez: Well, I just -- I'm in a situation where my vote wasn't going to count on that one. All right, so that includes that. So, basically -- Ms. Chiaro: Mr. Chairman. Chair Sanchez: -- the geographic has also been amended. Ms. Chiaro: I just want to make sure -- we have not received a cop -- we, meaning, the City Manager, nor I, the City Attorney, have received a copy of the attachment. I want to be sure that the Clerk has the attachment, that all of the Commissioners -- Commissioner Sarnoff. Where's Ben Fernandez? Ms. Chiaro: -- are looking at so that we are clear on what the boundaries are, at least the -- Commissioner Sarnoff. Where's Ben Fernandez? Ms. Chiaro: -- record is clear. City of Miami Page 179 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: Okay. Vice Chair Spence -Jones: So what is the last one? Chair Sanchez: Well, hold on, because I think those are the issues, unless there's something else that a Commissioner may want to proffer as an amendment. But right now the things that we have agreed upon is the name change, total of 25 liquor licenses, and one individual cannot hold more than 10 licenses. Vice Chair Spence -Jones: No. He said 15. Chair Sanchez: The public hearing -- Commissioner Sarnoff. Fifteen. Chair Sanchez: Fifteen. Vice Chair Spence -Jones: Fifteen. Chair Sanchez: Fifteen. Well, I wanted ten, but -- Vice Chair Spence -Jones: Me, too. Chair Sanchez: All right. The public hearing is closed and right now we need to do put this to an end. All right, is there any other amendments anybody may want to add? Vice Chair Spence -Jones: Can I ask for us to reconsider the 10 to 15? Chair Sanchez: You don't have the votes. We don't have the votes, so -- Vice Chair Spence -Jones: I don't know. I'm just asking my fellow Commissioners to be sensitive to the fact that we don't want anybody to -- any of these Wyn -- these -- Commissioner Gonzalez: Okay, let's -- a motion to reconsider. Chair Sanchez: Okay, so motion to reconsider; you'll second it. Vice Chair Spence -Jones: Second. Chair Sanchez: All in favor, say "aye. The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " So the motion to -- the motion is -- we've reconsidered the 15 licenses -- Vice Chair Spence -Jones: To 10. Chair Sanchez: -- to 10. I would accept 10. Commissioner Gonzalez: Okay. Now I propose 13 to one owner and 12 open license. Chair Sanchez: What? City of Miami Page 180 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Commissioner Gonzalez: Thirteen to one corporation or to one group. Vice Chair Spence -Jones: That's less. Commissioner Gonzalez: Huh? Vice Chair Spence -Jones: That's less. Commissioner Gonzalez: What do you mean, it's less? Commissioner Sarnoff. That's -- no, he's right. I'll second that motion. Chair Sanchez: Okay. Commissioner Gonzalez: Yeah, 13. Commissioner Regalado: What did he say? Chair Sanchez: All right. Commissioner Sarnoff. He's saying propose 13; that leaves 12 open licenses. Commissioner Gonzalez: Twelve open licenses. Commissioner Sarnoff. In the event somebody were to come in and try to get 13. Commissioner Gonzalez: Yeah, because we can't divide it 12 and a half -- Commissioner Sarnoff. Right. Commissioner Gonzalez: -- so, you know, 13 and 12. Chair Sanchez: I could accept that. So the -- Commissioner Gonzalez makes the motion and -- Ms. Chiaro: No more than 13. Commissioner Gonzalez: You got two more. Chair Sanchez: -- Commissioner Sarnoff seconds it. The item is under discussion. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right? Commissioner Gonzalez: And let me tell you another concern. Chair Sanchez: That vote is 5/0. Commissioner Gonzalez: Let me tell you -- Vice Chair Spence -Jones: We got two more. Commissioner Gonzalez: -- another serious concern that have, okay? City of Miami Page 181 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Vice Chair Spence -Jones: Yes, sir. Commissioner Gonzalez: When you talking about so many liquor license, you're talking about 25 liquor license holders in such a small area -- Vice Chair Spence -Jones: That's what I -- Commissioner Gonzalez: -- okay, you have to have control of 25 different establishments and 25 different owners. Vice Chair Spence -Jones: And the crime. Commissioner Gonzalez: And let me tell you, I've been in the business of liquor for many years, andl know what happens in some of those establishments. So when you hold one corporation or you hold one person, you know, accountable for the most of the licenses, you are jeopardizing not one license -- Commissioner Sarnoff Jeopardizing -- Commissioner Gonzalez: -- he's jeopardizing all -- Chair Sanchez: All his license. Commissioner Gonzalez: -- 12 -- Chair Sanchez: Licenses. Commissioner Gonzalez: -- licenses. Chair Sanchez: So there's control -- Commissioner Gonzalez: Okay. Chair Sanchez: -- for the business to comply. All right, so that takes care of that. The boundary, we voted on. So those are the items, okay. So now what we need to do is vote on the ordinance as amended, okay? So we need a motion to approve the ordinance -- Commissioner Sarnoff So moved. Chair Sanchez: -- on second reading -- Commissioner Gonzalez: Second. Vice Chair Spence -Jones: Second. Chair Sanchez: -- as amended. The motion has been made by Commissioner Sarnoff, second by the Vice Chair. We are prepared to vote on this ordinance, as amended, with the amendments that have been proffered. Can you read the ordinance into the record, followed by a roll call? But before we do that, there's some people that aren't happy with this. Listen, somebody made the statement that they're outside the district andl respect the name. You know, what's in a name? It's a name, and you've had that name, and I don't foresee anybody coming and taking that name away from you. I respect that. I think everybody's going to benefit from this. Wynwood has been neglected for many years. The thing that brought -- andl take great pride in Wynwood because it's a great community, but Wynwood was neglected for many, many years and the only thing that kept it alive was the art community, its rich culture, and Midtown. You City of Miami Page 182 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 have a great opportunity here now to create something very special, a place will be significantly recognized maybe to the elements and the level of a South Beach, SoHo in New York, and different areas. So I think that this will allow us to create an area that's going to benefit jobs, promote the arts, which is very important for a community, and I'll tell you, if you ever want to bring economic vitality and revitalization to an area quickly, it's arts. Arts will do it. So this is something that think everyone will be proud of if it's done right, andl hope that ten years from now, I have to wait 25 minutes to get a seat in one of those art galleries or one of those restaurants or one of those bars. Maybe five years from now. All right, so having said that, anyone may want to add something on. If not, we're prepared to read the ordinance into the record, followed by a vote. The Ordinance was read by title into the public record by Deputy 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 adopted on second reading, as modified, 5/0. Chair Sanchez: All right. Congratulations to all. Please, when you exit, exit quietly. Thank you for coming. PZ.11 08-00400Iu ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 2744 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, FROM MEDIUM -DENSITY MULTIFAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-004001u PAB Reso.pdf 08-004001u Analysis.pdf 08-004001u Land Use Map.pdf 08-004001u Aerial Map.pdf 08-004001u School Board Impact Analysis.pdf 08-004001u Application & Supporting Documentation.pdf 08-004001u CC Legislation (Version 2).pdf 08-004001u & 08-00400zc Exhibit A.pdf LOCATION: Approximately 2744 Southwest 7th Street [Commissioner Tomas Regalado - District 4] APPLICANT(S): Rodolfo LLeonart, President, on behalf of Rollert Investments, Inc. FINDING(S): City of Miami Page 183 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 21, 2008 by a vote of 5-3. See companion File ID 08-00400zc. PURPOSE: This will change the above property to Restricted Commercial. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez Commissioner Regalado: Madam Chair. Vice Chair Spence -Jones: Yes. Commissioner Regalado: We have PZ.11 and 12 in -- Vice Chair Spence -Jones: You want to deal with those real fast? Commissioner Regalado: -- District 4, which are noncontroversial, and I think that if you want - Vice Chair Spence -Jones: No problem. Commissioner Sarnoff. Let's do those. Vice Chair Spence -Jones: We can get them out of the way. Commissioner Regalado: Huh? Commissioner Sarnoff. Let's do those. Vice Chair Spence -Jones: We can get them out of the way. Commissioner Regalado: Okay. Vice Chair Spence -Jones: PZ.11 and 12, they're noncontroversial items. PZ.11 and 12. Is there anyone here? Administration, go. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.11 and 12 are companion items, the land use and zoning change request for one lot facing Southwest 7th Street. This is the first reading. The Planning Department recommend denial just trying to avoid commercial intrusion into residential area. The Planning Advisory Board recommend approval, and the Zoning Board recommend denial of the item. Vice Chair Spence -Jones: All right. This is a public hearing. Is there anyone from the public that would like to speak on this item? Commissioner Regalado: Madam Chair. Vice Chair Spence -Jones: The item comes back to the Commission. Commissioner Regalado: Thank you. Vice Chair Spence -Jones: You're recognized. City of Miami Page 184 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Commissioner Regalado: What -- this is actually exactly the same situation that we had with the parking lot of the Blockbuster. This little area has always been a parking lot, but the people have been parking there illegally. And nothing is built there. The good thing with it -- Maria J. Chiaro (Deputy City Attorney): Excuse me, Madam Chair. Commissioner Regalado: -- is that -- Vice Chair Spence -Jones: Yes. Ms. Chiaro: The applicant needs to make the presentation before -- Vice Chair Spence -Jones: That's what asked. Ms. Chiaro: -- the City Commission. Commissioner Regalado: Who is the applicant? Vice Chair Spence -Jones: That's what I said, is anyone here for PZ.11 and -- I asked that -- Commissioner Sarnoff. Rodolfo Lleonart. Vice Chair Spence -Jones: -- from the very beginning. Is there any --? Commissioner Regalado: I just -- Vice Chair Spence -Jones: So I'm assuming the City's -- Madam City Attorney, what would you like for us to do? Ms. Chiaro: There is no record for you to make a determination if there is no applicant here. Commissioner Regalado: So, if they're not here, they're not here. Vice Chair Spence -Jones: Okay. So we'll -- Commissioner Sarnoff. PZ.13. Vice Chair Spence -Jones: -- defer this item till the next PZ (Planning & Zoning)? Ms. Chiaro: Whatever -- yes, that would be the appropriate action. Vice Chair Spence -Jones: Okay. And 11 and 12 are companion items, so 11 and 12 will be deferred, right, Madam City Clerk, to the next PZ meeting? Commissioner Regalado: Okay. Vice Chair Spence -Jones: All right? Commissioner Sarnoff. Does that need a motion? Priscilla A. Thompson (City Clerk): Yes. It needs -- Commissioner Sarnoff. I'll so move. City of Miami Page 185 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Commissioner Regalado: Second. Vice Chair Spence -Jones: All right. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. This item is deferred to the next P -- Commissioner Sarnoff. Can we do both at the same time? Ms. Thompson: Yes. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff. Okay. Ms. Thompson: We're doing it collectively to your September meeting. Vice Chair Spence -Jones: All right. So we can move on? [Later..] Chair Sanchez: Now we have one last item and that is a PZ (Planning & Zoning) item 14 through 17. Commissioner Regalado: Mr. Chairman. Chair Sanchez: Yes. Commissioner Regalado: I was told by my office that the applicants on the one that we defer are here, remember, the 27th Avenue and 7th Street. Chair Sanchez: Okay. Well, let's -- well, we need a motion to reconsider the deferral. Commissioner Gonzalez: Motion to reconsider. Maria J. Chiaro (Deputy City Attorney): Wait. Excuse me. Chair Sanchez: Yes. Ms. Chiaro: You have to -- Chair Sanchez: Well -- Ms. Chiaro: -- reconsider -- Vice Chair Spence -Jones: What are we deferring? Ms. Chiaro: -- at the next meeting. Chair Sanchez: Yeah, yeah. Ms. Chiaro: You've already notified -- Commissioner Regalado: Huh? City of Miami Page 186 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: Commissioner, we have to reconsider at the next meeting because it was scheduled to be here and maybe people that would have been here -- Commissioner Regalado: Okay. Chair Sanchez: -- when we deferred it; they went home and they won't have an opportunity to be here, so -- Commissioner Regalado: Okay, no problem. Chair Sanchez: -- we apologize. The item was deferred and will have to be heard at the next PZ item [sic], okay? Commissioner Regalado: Okay. PZ.12 08-00400zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 33, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN SD-12 SPECIAL BUFFER OVERLAY DISTRICT TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 2744 SOUTHWEST 7TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-00400zc Analysis.pdf 08-00400zc Zoning Map.pdf 08-00400zc Aerial Map.pdf 08-00400zc Application & Supporting Documentation.pdf 08-00400zc ZB Reso.PDF 08-00400zc CC Legislation (Version 2).pdf 08-004001u & 08-00400zc Exhibit A.pdf LOCATION: Approximately 2744 SW 7th Street [Commissioner Tomas Regalado - District 4] APPLICANT(S): Rodolfo Lleonart, President, on behalf of Rollert Investments, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on June 9, 2008 by a vote of 5-0. See companion File ID 08-004001u. PURPOSE: This will change the above property to C-1 Restricted Commercial. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez City of Miami Page 187 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 [Note for the Record: For minutes related to item PZ.12, please see companion item, PZ.11.] PZ.13 08-00681zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 23, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY ADDING AN HP "HISTORIC PRESERVATION OVERLAY DISTRICT" TO AN EXISTING R-4 "MULTIFAMILY HIGH DENSITY RESIDENTIAL" ZONING CLASSIFICATION, IN ORDER TO ALLOW OFFICE USE FOR THE LOCALLY -DESIGNATED HISTORIC BUILDING (HISTORICALLY KNOWN AS "THE WARD ROOMING HOUSE") LOCATED AT APPROXIMATELY 249-255 NORTHWEST 9TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-00681zc PAB Reso.PDF 08-00681zc CC Analysis.pdf 08-00681zc Zoning Map.pdf 08-00681zc Aerial Map.pdf 08-00681zc CC Application & Supporting Documents.pdf 08-00681zc CC Legislation (Version 2).pdf 08-00681zc Exhibit A.pdf 08-00681zc CC FR Fact Sheet.pdf LOCATION: Approximately 249-255 NW 9th Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): James H. Villacorta, Executive Director, on behalf of the City of Miami Community Redevelopment Agency FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 18, 2008 by a vote of 8-0. PURPOSE: This will add an HP Historic Preservation Overlay District to the existing R-4 Multifamily High Density Residential and allow for office use on the locally -designated Ward Rooming House. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Vice Chair Spence -Jones: PZ.13, let's take that real fast, Ward Rooming House. Ellen Uguccioni: Good afternoon, Madam Chairman [sic], members of the Commission. My name is Ellen Uguccioni, preservation officer for the City. The Ward Rooming House is located in Overtown. It's an incredibly important building because it's one of the very few survivors. It's basically a reconstructed building, but it's located in a multifamily density zoned area. We are requesting a special overlay district to allow it to become offices, and the applicant is the Southeast Overtown CRA (Community Redevelopment Agency). City of Miami Page 188 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Clarence Woods: Commissioners, my name is Clarence Woods. I'm the assistant director of the CRA, and we're here before you to request a change of zoning for the Ward Rooming House. As Ms. Uguccioni just stated, it is currently a R-4 and we're seeking a HP (Historic Preservation) overlay to allow for office use, and we would ask that you approve the zoning -- Vice Chair Spence -Jones: All right. This -- Mr. Woods: -- change. Vice Chair Spence -Jones: -- is a public hearing; is there any comments from the public on this item? All right, the item comes to the Commission. I just would like to make one -- we have a motion. Commissioner Regalado: Second. Vice Chair Spence -Jones: All in favor? Commissioner Regalado: No. It's an ordinance. Commissioner Sarnoff.. It's an ordinance. Maria J. Chiaro (Deputy City Attorney): It's a -- chair -- an ordinance. Vice Chair Spence -Jones: Okay. All right, no problem. I just want to just make a comment: The Ward Rooming House. You know, you have certain things that you just say, if you had the opportunity to redo or rethink or revisit, this is one of these projects. It's -- I'm just finally glad that we're going to be able to actually get something done, you know, with the Ward Rooming House, so I'm -- this is the, at least, first big step; and hopefully, between my two directors, we should have it done by the first of next year. Mr. Woods: Well, the first of next year would be ambitious -- Vice Chair Spence -Jones: All right. Mr. Woods: -- but we are moving for -- in that direction. Vice Chair Spence -Jones: Well, thank you very much. Ms. Uguccioni: Thank you. Mr. Woods: Thank you. Chair Sanchez: All right. So just -- Commissioner Regalado: Oh, you need to read the ordinance. She needs to read the ordinance and -- Ms. Chiaro: An -- Commissioner Regalado: -- vote. Chair Sanchez: Where are we at? Commissioner Sarnoff.. We're on 13. City of Miami Page 189 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Ms. Chiaro: -- ordinance -- Vice Chair Spence -Jones: We're on 13. Chair Sanchez: 13. Commissioner Sarnoff. 13. Vice Chair Spence -Jones: We lost -- Chair Sanchez: Okay. So wait, wait, wait. 10 -- 11 and 12 were deferred? Vice Chair Spence -Jones: No. 11 and 12, yeah, were deferred. Commissioner Sarnoff. 11 and 12. Vice Chair Spence -Jones: Not 10. Chair Sanchez: Okay. Hold on. So what item are we on? Commissioner Sarnoff. We're on 13. Vice Chair Spence -Jones: We just finished 13. Chair Sanchez: We're on 13? Okay. Are we ready to vote on 13? Did you open it up to the public? Vice Chair Spence -Jones: Yes, sir. Done. Chair Sanchez: All right. So we're ready to vote. All right, it's -- Vice Chair Spence -Jones: We voted. Chair Sanchez: -- a PZ (Planning & Zoning) item; read the ordinance into the record. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Chair Sanchez: All right, so PZ.13 has been approved, 4/0. PZ.14 08-00677zt 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 8, SECTION 803.6, "COCONUT GROVE NCD-3 COMMERCIAL DISTRICTS", RELATING TO INDIVIDUAL RETAIL ESTABLISHMENTS LOCATED IN THE NEIGHBORHOOD CONSERVATION DISTRICTS (NCD); EXTENDING THE City of Miami Page 190 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 LIMITATIONS TO THE SD-11 (COCONUT GROVE RAPID TRANSIT DISTRICT); CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-00677zt PAB Reso.PDF 08-00677zt CC Legislation (Version 2).pdf 08-00677zt CC FR Fact Sheet.pdf LOCATION: SW Corner of 27th Avenue and US-1 [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 18, 2008 by a vote of 8-0. PURPOSE: This will extend the NCD-3 limitations to the SD-11 (Coconut Grove Rapid Transit District). Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Chair Sanchez: All right. Let's go to PZ -- Vice Chair Spence -Jones: What are we doing, PZ.14? Lourdes Slazyk (Administrator, Zoning Department): 14. Chair Sanchez: -- 14 through 17. Ms. Slazyk: Well, 14 is not part of the others. Let me do that one separate. Chair Sanchez: All right. Let's do -- Ms. Slazyk: PZ (Planning & Zoning) -- For the record, Lourdes Slazyk. PZ.14 is an amendment to the NCD-3 as it relates to SD-11. As you know, we did a recent amendment to -- for the grocery stores exemption for NCD-3. At that time we realized that there was a scrivener's error and SD-11 had inadvertently been left out of that ordinance. This is a first reading ordinance to correct that. It's also been recommended for approval by the Planning Advisory Board. Chair Sanchez: Okay. That is PZ.14. Are you ready for PZ.14? No. Ms. Slazyk: No, not 14. Fourteen is a cleanup of a scrivener's error. Chair Sanchez: All right. Commissioner Sarnoff. So moved. Chair Sanchez: Hold on. City of Miami Page 191 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by Commissioner Sarnoff, second by the Vice Chair. It's an ordinance on first reading, right? Ms. Slazyk: Yes. Chair Sanchez: All right. That's even better. We'll address it on second reading. Okay. Read the ordinance into the record, followed by a roll call on -- well, before we do that, it requires a public hearing. Anyone from the public wishing to address this item on PZ.14, please step forward and be recognized. Seeing no one, the public hearing is closed, coming back to the Commission for a vote. Read the ordinance into the record, followed by a roll call. We're voting on PZ.14. The Ordinance was read by title into the public record by Assistant City Attorney George Wysong. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Chair Sanchez: Okay. All right. Before we go on to PZ.15, has everybody been sworn in who will be testing on this item? Not all? Okay. Can we have the City Clerk swear you in if you're going to be testifying in front of this legislature body? At this time, could you please rise and be sworn in. Ms. Thompson: If you have not been sworn in and you're now going to testift on the remaining PZ items, I need you to please stand, raise your right hand. At this point, the City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. PZ.15 08-00685zt 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 6, SECTION 628, TO PERMIT UNDERGROUND PARKING TO SUPPORT COMMERCIAL USES ALONG GRAND AVENUE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-00685zt PAB Reso.PDF 08-00685zt CC Legislation (Version 2).pdf 08-00685zt CC FR Fact Sheet.pdf 08-00685zt-Submittal-Coconut Grove Village Council Resolution.pdf LOCATION: Grand Avenue between SW 37th Avenue (Douglas Road) and SW 32nd Avenue (McDonald Street) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami City of Miami Page 192 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 18, 2008 by a vote of 7-1. PURPOSE: This will allow underground parking in the SD-28 Village West Island Special Overlay District. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: All right. Sir, you're recognized for the record. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.15 is an amendment to Ordinance 11000 in order to permit underground parking to support commercial uses along Grand Avenue. Just to clarify that it's Grand Avenue, between 37th Douglas Road and 32nd McDonald; and the only thing that it's doing is to allow underground parking in those properties. Thank you. Chair Sanchez: All right. Lucia Dougherty: Good evening, Mr. Chairman and members -- Chair Sanchez: This is second reading. Ms. Dougherty: No, this one's actually first reading. Chair Sanchez: First reading. I apologize. The following is on second reading. Ms. Dougherty: Thank you, Mr. Chairman, members of the Commission. Lucia Dougherty, with offices at 1221 BrickellAvenue. I'm here today with my partner or cocounsel, Patrick Range and Tucker Gibbs, as well as Peter Gardner and Margaret Knee, who is his colleagues, who are the principals. This actually is a companion item to PZ.16 and 17, and it actually allows for what occurred under PZ.16 and 17, which is your next two items. And just to remind you where we were, we had originally asked for the commercial development to go all the way to Florida and all the way down to Thomas, and at the PAB (Planning Advisory Board), both the neighbors and -- as well as the PAB thought that we should not have the Zoning ordinance go all the way to Florida and Thomas and that we should leave a strip of residential -- R-1 on the Florida side and R-2 on the Thomas side, and when we did that -- we said we would do that, but we need a way of parking underneath the residential, which we don't have currently in the Code. We can park on the surface parking on residential, but you couldn't park underneath the houses. So this is the reason we came back with this legislation, which was passed unanimously by the PAB to allow the residential portion of the residential houses to remain, but parking underneath, as opposed to taking down the residential houses and putting a surface parking lot, which you can currently do under today's Code. So that's the purpose of this legislation and it follows what had already occurred where they rezoned only a portion of the block, not all the way to Thomas or Florida. That concludes our presentation. Commissioner Sarnoff. So moved. Commissioner Regalado: Second. Vice Chair Spence -Jones: Are we going to hear from the public? Is this opened to the public? City of Miami Page 193 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Commissioner Sarnoff. This is a second reading? Ms. Dougherty: This is the first reading of -- remember, just as -- this is the ordinance that allows you to park underneath the residential -- Commissioner Sarnoff. Right. Ms. Dougherty: -- zoning classification. Vice Chair Spence -Jones: Did you put anything on the record, Administration? Mr. Lavernia: Yes. I put -- Vice Chair Spence -Jones: Go ahead. Mr. Lavernia: I present the item. Vice Chair Spence -Jones: I'm sorry, go ahead. Commissioner Sarnoff. He did. Mr. Lavernia: No, no. I'm just here for the vote. Vice Chair Spence -Jones: Okay. Well, I'm opening up the floor for the residents -- Mr. Lavernia: Okay. Vice Chair Spence -Jones: -- or anybody that has a comment on the issue. The floor is now open. Twyman Bentley: Good evening, Commissioners. My name is Twyman Bentley, andl live at 3340 Florida Avenue, and I'm a homeowner and a resident in Coconut Grove. Concerning this change to the SD-28, my concern is on the setback of the residential properties that remain on Florida Avenue. Right now the proposal has a five feet [sic] setback for those residences that are existing. I'd like to see that increased to ten feet along the sides and heavily landscaped. I think that will add additional protection to those properties that remain on Florida Avenue. Also, the lots that are going to have the proposed underground parking, right now I believe the ordinance calls for -- or the covenant calls for 45-feet-deep lots; I'd like to see that increased to 55-feet-deep lots, andl think it would go along in keeping the current residential structure in those -- of those residences there on the side streets, so I ask you to take that into consideration with this change. And thank you very much. Chair Sanchez: Thank you. Vice Chair Spence -Jones: Okay. No problem. Pierre Sands: Good afternoon. My name is Pierre Sands. I live at 3220 Matilda Street. For the record, I would like to, on behalf of this community, HOATA, Homeowners and Tenants, we are not comfortable with the extent of the underground digging underneath the homes. We would like that it not be underneath the homes. Chair Sanchez: I don't understand. What did --? Mr. Sands: Well, they are proposed to provide underground parking. City of Miami Page 194 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: Yes. Mr. Sands: The parking area will be dug up to the extent of the street; the homes will be sitting on these artificial platforms, and that's where this community is not in agreement with that, so for the record, let it be that Homeowners and Tenants, we oppose -- Vice Chair Spence -Jones: Can you continue to talk in the mike, Mr. Sands? Mr. Sands: -- the digging underneath the residences. We think that it should be more toward Grand Avenue. Thankyou. Vice Chair Spence -Jones: Okay. Chair Sanchez: Thank you -- Vice Chair Spence -Jones: Next person. Chair Sanchez: -- Pierre. William Bellinger: Hello. William Bellinger, 3461 Florida Avenue. I also ask that you make the setback at 55 feet. With me staying on Florida Avenue, you know, the way that the walls, the land use will be used around the homeowners that did not sell, it would like be encamping them. If not, the 45 feet setback when we went out and measured with the Pointe Group, it did not work out as well, and also with the Village Council, we also went out with them. We also would like to see more green area, more frees; high curbs, you know, with no parking on the streets; and also an eight foot wall, if you would give them the variance to do so. And we also like to have these things included into a deed restriction; and also the traffic -calming circles that are greatly needed on these streets, Florida and Thomas Avenue, because of the amount of traffic that would be created. Andl would also like to ask and put on record that the egress and ingress for these parking garages come in from the Grand Avenue side versus the residential sides. Thankyou. Chair Sanchez: Thank you, sir. Next speaker. Michelle Niemeyer: I'm Michelle Niemeyer. I'm the chair of the Cocoanut Grove Village Council, and we've gone through an extensive process in the last month. Since our last meeting, we had convened a subcommittee; had several meetings with the Pointe Group and with the residents, and ultimately, the Village Council passed a resolution at our last meeting that I was asked to bring to you today. I'm going to paraphrase this. You have the full text, but it's fairly long. So we're supportive of the following elements of the conceptual plan, which was presented, and this is going to apply to this item, as well the following items, so it's -- I wanted to do it now so we get it over with. We like the organization of higher density development along Grand. We like the idea of maintaining the five -story maximum height limit, which was put into the NCD (Neighborhood Conservation District). We like the provision of underground parking to reduce the visual impact of the use on the development site and surrounding community. We also like the development of one- and two-story residential uses along the north and south edges of the development, which would then provide a transition to the adjacent single-family detached houses. We like the inclusion of a grocery story. We like the retention of the existing farmer's market in Domino Park, and we like the provision of the new civic and park spaces on the project site. Our subcommittee recommends that the City Commission require the developer to offer a covenant to run with the land, and believe that will be proffered to you today, that will provide a binding commitment, and that the property be developed in accordance with the provisions contained therein; and we recommend that the covenant contain the following: A commitment to construct detached and attached single-family residences along Florida and Thomas Avenues respectively with a maximum height of 25 feet and with a provision prohibiting City of Miami Page 195 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 the use of those residences for office use, and that such residential construction have a reasonable time certain for completion; a commitment to develop a fixed number of affordable and workforce housing units within the Village West, with the number of units to be determined based on completion of a comprehensive housing needs study for the Village West and receipt of available subsidies to support such development and that such residential construction have a reasonable time certain for completion; a commitment to prepare a traffic management plan for the development that will include recommended design features for inclusion in the project plans that will minimize the visual and other impacts of vehicular ingress and egress to the development on the adjacent residential areas; provide traffic -calming elements, such as roundabouts to slow traffic on residential streets around the development; provide construction of an appropriate street cross-section along Florida and Thomas Avenues to deter spillover of commercial parking into the adjacent residential blocks. We'd also like a commitment that there be constructed appropriate buffers, including both landscaping and wall elements, between the proposed new development and any existing single-family residential parcels that will abut the proposed development sites with the plans for such buffers to be included in the covenant; a commitment that there be a preconstruction structural survey prepared of abutting properties and structures to provide a way to evaluate any damage that may be caused during construction; a commitment by the developer to a process of communication and involvement of the Village West community in the planning, design and periodic post construction review of issues related to the operation of the proposed development that may negatively impact adjacent residential areas. Furthermore, the Village Council recommends that the City Commission commit to the preparation of a comprehensive housing needs study for Coconut Grove that will inform the plan for development of affordable and workforce housing in Village West, as described in the preceding sections of the resolution. We further recommend that the City Commission specifically affirm its commitment to enforce the provisions of the developer covenant and we request that there be a commitment by the City to restore the existing zoning of the properties within the proposed project boundaries should the development not proceed within a reasonable time certain. And that's the end of the Village Council's resolution. Chair Sanchez: All right. Ms. Niemeyer: And thank you for your consideration. Chair Sanchez: Thank you. Okay, anyone else? Jihad Rashid: Jihad S. Rashid, 3628 Grand Avenue, president of Coconut Grove Collaborative. On behalf of our board of directors, we are coming out in support of this project. Since the last meeting, the developers have made significant strides and openness with respect to assisting in affordable housing and workforce housing. The details are to be worked out. We believe that they are honorable in their words, and we are very pleased with this progress; and we see a good opportunity to create a win -win situation for the historical residents and the new development that we always wanted, that all sectors of the community wanted. So we're prepared to support this, and we ask that the City assist us. And we will be calling on the Community Development Department with respect to already -earmarked subsidies to make this happen, and we do understand that it's not the responsibility of the developers to do this, but it takes the other two sectors to make this happen. Chair Sanchez: That's right. Mr. Rashid: So to that extent, we are very pleased and we're ready to support it wholeheartedly. Chair Sanchez: Thank you so much. Any other speaker that may want to come up and address the issue, and then we got to move on? All right, two minutes for each speaker. Yes, sir. Glen Diston: Good evening, Mr. Chair, Vice Chair. City of Miami Page 196 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: Good evening, sir. Mr. Diston: My name is Glen Diston, andl operate a copy center in Coconut Grove for over ten years. In September of last year, I was given a salute by the Commission as --from Commissioner Sarnoff and as a local catalyst for economic development. While I appreciate that salute, I must take into consideration the kind of economic development that the Pointe Group is planning to bring to our community. Chair Sanchez: That's right. Mr. Diston: Andl must say that approve of this development in Coconut Grove for the business section. Thankyou very much. Chair Sanchez: All right. Next speaker. Edwin Gaitor: Good evening, Commissioners, and everyone that is here tonight. I would like to say that it's -- Chair Sanchez: Sir? Mr. Gaitor: -- a pleasure to be here. Chair Sanchez: John [sic], you need to state your name. Mr. Gaitor: My name is Mr. Edwin S. Gaitor, president of Safe and Sound Security; also the president of the Merchants Association. I'd like to say it's a pleasure to be here tonight because I know we're here to make a decision in regards to how far we're going and where we at with the situation. I -- last week -- at the last meeting, I heard Ms. Spence -Jones mentioned something in regards to Pointe Group in regarding the merchants. I didn't had anything to say in regards to that matter because I wanted to take the consensus in regardless of where we was at as far as the merchants go. That is one of my issues that I'm here to speak up on behalf of the merchants. Andl would like to say as far as the businesses that we've been doing in terms of putting the merchants together, I have been walking door to door speaking with every merchant in regarding to where we at and what their needs are in that community. Therefore, we, as the -- Island District merchants here in the West Grove will be able to sit down with Pointe Group and also soon with you, Mr. Sternoff [sic] in regarding to the issues that we have in regarding to where we're going as far as the businesses are. As far as the project, as it stands -- we are very much in favor of Pointe Group and what they're doing in the community. I've seen great deal of progress, even from the UEC (Urban Empowerment Corporation). There's been jobs that's being developed; there's other programs that seem to be going great; and look forward to see more things happening in that community, and l just want to thank you all for the time. Commissioner Sarnoff. Thank you. Chair Sanchez: Thank you. Next speaker. Rick Holton: Good afternoon. I'm Dr. Rick Holton, long-time residents [sic] of Coconut Grove, reside at 38 -- I'm sorry, 3350 Hibiscus Street, and own three properties right on Florida Avenue and Hibiscus. I won't hold your time, but I just want to go on record to state that I am past chairman of the Coconut Grove Local Development Corporation, which is now the UEC. I served in that capacity for a period of 15 -- have 16 years, and we have fought diligently and extremely hard to bring economic growth and development into what is now called the West Grove. I think we are about to make that happen, and again, I just want to go on record to say that support the project. Thankyou. City of Miami Page 197 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: Thank you, sir. Next speaker; not everybody at once. Carrie Rozier: Good afternoon. Chair Sanchez: Good afternoon, ma'am. Carrie Rozier: I'm Carrie Rozier, the owner of the Gourmet Cookie Caffe, located at 3701 Grand Avenue. And we're excited about what's -- the changes that are going to be taking place. We know that there's still a little bit of things to be worked out, as pointed out earlier, but we're pretty much -- well, not pretty much, we are. We're about change. I came into the community as a whole to give it a place -- a facelift, and where I'm located at and with the change that's going to take place now that the Pointe Group is bringing forth, it's going to bring business to my end of the Coconut Grove, in the West Grove. So again, I'm thankful, I'm grateful; and I know that it's all going to work out for the good for the whole community. Thank you. Chair Sanchez: Thank you, ma'am. Anyone else coming up to speak on the item? If not, we'll go ahead and -- yes, sir. Ms. Dougherty: I just wanted to point out to you some of the issues that -- oh, I'm sorry. Ken Knight: Ken Knight, the Affordable Safe Housing Coalition, one of the Positive Partners, at 3672 Grand Avenue; and there again, we support the project. Also, Commissioners, I just want to -- andl want to personally commend Commissioner Michelle Spence -Jones because, you know, she is a conscience and voice for the African -American community, and she must be respected as such; because if we have problems in Cuba, we feel it here in Miami because we're all connected. If something -- it's just like the hurricane; if we hear a hurricane is coming in Jamaica or the Caribbean, we better be concerned here in Miami. So it's out of those type of concerns that really respect Commissioner Michelle Spence -Jones. Now we here to speak in favor of the project because, there again, it's not about race; it's about place. I had been to every door in what we call the West Grove. If you go at Hibiscus and Day, there are three houses on the -- on one side of the street that are totally empty; there's all kinds of activity there. You go right across the street, it look like something out of a Third World country, and that's right here in the Coconut Grove. So no, it's not about race; it's about place, and I'm telling you about the place as it currently exist now and we have to change that. This project changes that. I'm going to leave with the Commissioners our copy of the envelopment plan for Affordable Safe Housing. I've been a housing activist, advocate. You name it. And affordable housing, in my view, always start with public housing. I was over that, the Tenants Councils, for a while; and I'm telling you this project has to happen because as one Commissioner said, it's not about none of that. It's about one word; it's about prosperity. Thank you very much. Chair Sanchez: Thank you. Mr. Knight: And I'm going to leave these copies for the Commissioner. I'm going to give it to Madam Clerk. Chair Sanchez: Okay. Next speaker. Toya Johnson: Good evening. My name is Toya Johnson. I am a merchant and owner of Barber Dolls Community Barbershop, 3741 Grand Avenue. I am also the secretary with the Homeowners & Tenants Association. This project is being received with mixed reviews, and we are still in talks with Peter Gardner; and they've been very, very, very -- Vice Chair Spence -Jones: Receptive. City of Miami Page 198 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Ms. Johnson: -- receptive of what we're proposing to them. The only thing that have said from the beginning is that make it inclusive, not exclusive. Thank you very much. Chair Sanchez: I like that. Vice Chair Spence -Jones: Any other comments from the public? I guess, Lucia, it's back on you. I have two questions, so just go ahead. Ms. Dougherty: Okay. What wanted to point out to you is this evening we're only talking about first phase, which is only talking about one -- Vice Chair Spence -Jones: Parking. Ms. Dougherty: -- two blocks of a six phase project that will -- I mean, a six -block project that will eventually come. And one of the things I want to bring to your attention, people are saying, well, let's move this line to 45 feet instead of 50 feet or 55 -- 50 feet instead of 50 [sic] feet. What we're saying to you is that that five feet makes a whole lot of difference to us when you're a underground garage, but more importantly, there are no holdouts on this block, there are not holdouts here, so there's no person that's going to be interrupted by reason of the fact that there's a house here. Let's try this block out. Let's see what the ordinance looks like on this block. We can fix it in the future blocks, if it doesn't work out, if we need further setbacks or anything like that, but the setbacks that are proposed by the Planning Department in the front and on the sides are exactly the setbacks for R-1 across the street; so there's nothing different between what we're proposing here and what's across the street on either Florida or Thomas, so we would urge your support of this SD-28, and then I'm -- I guess I should have made a presentation for all of them at the same time. Chair Sanchez: No, no, no, no, no. Let's do one at a time, and then -- we'll do this one; then we'll take the rest -- Vice Chair Spence -Jones: I just -- Chair Sanchez: -- all at once. Vice Chair Spence -Jones: -- want to ask Lucia -- so I just want to be clear because someone got up from the group here and stated about the 55 feet, and it seemed like whatever they were proposing seemed to be reasonable, but what you're basically saying is -- and l just want to be clear from them, from this side -- Ms. Dougherty: They're suggesting that -- Vice Chair Spence -Jones: No, but you're saying that they're -- no one's going to be affected anyway because there's no houses there now. Ms. Dougherty: That's correct. Vice Chair Spence -Jones: Is that your understanding? Ms. Dougherty: On this block there are nobody (UNINTELLIGIBLE) -- Vice Chair Spence -Jones: Lucia, is there any houses on that block? Priscilla A. Thompson (City Clerk): I'm sorry. Chair -- City of Miami Page 199 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: Okay. Ms. Dougherty: What I'm saying to you is we've purchased them all. Vice Chair Spence -Jones: Okay. Ms. Dougherty: All of them. There -- as of today -- Chair Sanchez: Listen, ladies and gentlemen -- Ms. Dougherty: -- we have (UNINTELLIGIBLE) for all of them. Chair Sanchez: -- we can't have a meeting like this. If you want to speak, you need to come up to the mike and state your name and address for the record. Everything that's said here is properly recorded. Mr. Bentley: Again Twyman Bentley. To my knowledge, I just found out that the one house that was not sold has been sold to the developer. But what I am proposing -- I know this only involves the first block, but what I propose is to use these setbacks as a template since the SD-28 is covering the area from 32ndAvenue to 37th Avenue. Use those setbacks that I'm proposing as a template for the entire design because we know the developer is coming on down, so that's all I'm proposing to you. Chair Sanchez: All right. Thank you. Vice Chair Spence -Jones: I just -- Chair Sanchez: No more -- the public hearing is closed. Vice Chair Spence -Jones: Closed. Chair Sanchez: No more questions. Vice Chair Spence -Jones: No problem. I'm just trying to understand from you, Lucia. So -- Chair Sanchez: It's time to fish or cut bait. Vice Chair Spence -Jones: -- the two blocks or the -- really, this is almost like a pilot block. Ms. Dougherty: Exactly. That's what -- Vice Chair Spence -Jones: So I just want to make sure the residents that are here speaking on this issue know that this is not going to, in any way, affect anybody that's currently living there. Ms. Dougherty: That's correct. Vice Chair Spence -Jones: The option of as you move on, is that something that you can consider, Lucia? Ms. Dougherty: As we move on, we should look at whether or not it works, whether or not it needs tweaking. Vice Chair Spence -Jones: It would still have to come back in front of us, though, correct? Ms. Dougherty: Of course. You have a Major Use Special Permit for the rest of the entire City of Miami Page 200 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 block. Vice Chair Spence -Jones: Okay. So I just want to make sure they're clear, this first section does not include anybody in this manner, but the -- when it does have to come back in front of us for the second block or third block for parking, it will come up as an issue then. Ms. Dougherty: It may come up as an issue, but here's what they're suggesting. I just want to make you -- make sure you understand. The zoning line current goes in the middle of the block. We've moved it up so that this -- the depth of this lot is now 45 feet; they want 50 feet. If you bring 50 -- Vice Chair Spence -Jones: Fifty-five. Ms. Dougherty: -- feet to the -- it's 55. Vice Chair Spence -Jones: Fifty-five. Ms. Dougherty: -- that means that when we are doing the underground parking, you have 22 feet of aisle space or 22 feet for the parking space; you have 18 feet of aisle and 22 feet; it doesn't fit anymore. That's all we're saying. So we'll look at it, but I think that you'll find that what we're proposing is much better than what you could have as of right, which is a parking lot on the surface. Vice Chair Spence -Jones: Okay. Well, let me just say -- really, it's really in Commissioner Sarnoffs district, andl know I've been butting in on this issue, and I'm going to really just turn over and let him handle it. But do want to just say this, I'm glad to see that both sides seem to at least come to the agreement that they're okay with the project. There's some -- definitely some kinks that need to be worked out, and yes, somebody made a comment about Spence -Jones, and you know, the businesses in Coconut Grove, and you know, me, you know, weighing in on it. I just can't help it; I'm sorry, you know. I think that it's -- ifI don't -- and that's just my own personal thing, you know. IfI see in a particular community where I know that there's a large number of African Americans living in an area, and a lot of times those folks cannot get out to these meetings to kind of express their concerns about issues, I just feel compelled to at least listen. And I'm glad that I did make it an issue the last time because it forced people to sit down at the table to further talk about what they can do to address the issue. I'm glad to see that at least some of the issues were at least being considered. I'm glad to see that there are more Coconut Grove businesses out to support it this time. I'm glad to see some of the CDCs (Community Based Corporations) are out to support it this time, you know, and that's -- for me, that's -- that was the only point. I just -- I know that that is -- West Grove is a historically black community, and if there's not certain things put in place, it will not be that anymore. So I don't want to, in any way, step on the Commissioner's toes because that's not the intention. I do know that when you're trying to get something going in a neighborhood, you have to have a major catalyst of a development project to happen in order for it to spur other things. I do understand that. I just want to make sure the people that are living there and that have lived there for all of their lives are considered in that process, not taking anything away from Ms. Rozier. Like she said, she just moved to the area, and that's great; I'm glad she's there, but there are people that have lived there 40, 50 years, you know, that also have to be considered too, and that was my only issue. I'm pleased to see that at least some compromise has been made. Mr. Gardner, you have gone out your way, I see, to at least accommodate, you know, some of the concerns that are in the area. Only thing that I do ask is that if the Group is saying now whatever the second phase of the project is, I'm asking Mr. Gardner to at least consider some of the thoughts they have regarding the underground parking, and it may be a little difficult. You might not be able to do 55 feet; maybe it's 50 feet, but people just want to know that they're being listened to and that's really it. I mean, I had my own issue today, you know, that I had to address; and I had to make a very tough decision on it, but you have to outweigh what's good for the overall City of Miami Page 201 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 community and that's what I had to do earlier. I'm just asking that you at least consider those things that they're asking, but for this first block, I definitely support it, Commissioner Sarnoff, which is the underground parking for this first section, and then, hopefully, when you guys get to the next section, you can consider those issues. Chair Sanchez: All right. Commissioner Sarnoff, you're recognized for the record on this item. Commissioner Sarnoff. This -- we're dealing with S -- was trying to stay issue -driven, and I'm just trying to stay with the SD-28, the underground parking, andl knew that there was no home or holdout, if you will, that was left on the Florida Avenue or on the other side, Thomas Avenue side. Andl have sitting here with me and my trusty setbacks and all that stuff but you know what? It's not relevant. It's not relevant where the setbacks are because nobody is going to have this issue. They own the entire property. But I could tell you that the C-1 must be 20 feet away from the R-1, and that's on the rear setbacks. I could tell you that what you're asking for is you're asking for less than what the laws requires. The law requires a ten foot setback on the R-1. There'll be angles of 63 degrees. I mean, I could tell you all these things, the 40 feet, but it's not relevant for right now; you own both sides of the street. So I'm not going to sit up here and pontificate because I -- Peter Gardner's gone out of his way. He's met with every person you can possible think of remet with those people; then he tackled those people, met with them again, and then I think he went out and he poured sugar all over them again; and this man has gone out of his way to make himself available to everybody. I -- this guy deserves all the credit in the world because if there was someone that wanted to be heard, he spoke to them and he listened to them, and that's all you can ask for. And l just hope he has the wherewithal and the ability to pull this off because he is accommodating so many people, but I hope he hasn't tipped the scale in his accommodations. Chair Sanchez: All right. Need a motion on PZ -- Commissioner Sarnoff. So moved. Chair Sanchez: -- 15. Vice Chair Spence -Jones: You have it already. Chair Sanchez: A mo -- we already have a motion? Ms. Thompson: Yes. Vice Chair Spence -Jones: We had a motion and a second. Chair Sanchez: I am so sorry. All right, no further discussion on the item. Read the ordinance on -- it's a first reading ordinance; it'll require a second reading -- into the record, followed by a roll call. Julie O. Bru (City Attorney): Okay. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Ms. Thompson: Your 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 of Miami Page 202 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 PZ.16 08-00166Iu 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 THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 3410-3420, 3428 HIBISCUS STREET; 3501, 3520, 3522, 3530, 3535, 3545, 3547, 3560, 3567 GRAND AVENUE; 3509-3511, 3521, 3547, 3551, 3559-3567, 3575, 3587 THOMAS AVENUE; AND 3500, 3506, 3508, 3540, 3548, 3576, 3582 FLORIDA AVENUE, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL", "DUPLEX RESIDENTIAL" AND "OFFICE" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-001661u PAB Resos.pdf 08-001661u Analysis.pdf 08-001661u Land Use Map.pdf 08-001661u Aerial Map.pdf 08-001661u School Board Impact Review Analysis. pdf 08-001661u Application & Supporting Documents.pdf 08-001661u CC Legislation (Version 2).pdf 08-001661u Exhibit A.pdf 08-001661u CC SR Fact Sheet.pdf 08-001661u-Submittal-Disclosure of Ownership. pdf 08-001661u-Submittal-Correspondence. pdf 08-001661u-Submittal-Affordable Safe Housing Coalition, Inc.. pdf LOCATION: Approximately 3410-3420, 3428 Hibiscus Street; 3501, 3520, 3522, 3530, 3535, 3545, 3547, 3560, 3567 Grand Avenue; 3509-3511, 3521, 3547, 3551, 3559-3567, 3575, 3587 Thomas Avenue; and 3500, 3506, 3508, 3540, 3548, 3576, 3582 Florida Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): N. Patrick Range II, Esquire, on behalf of GV Bimini LLC and GV Freeport LLC, Contract Purchasers, and GI 3428 Hibiscus LLC, CG 3540 Florida LLC, CG 3559-67 Thomas LLC, Bimini Dev of Village West Corp, West Grove Dev Corp, CG 3522 Grand LLC, Bayshore Towers Dev Corp, Hubert C. Stephens, Andros Dev Corp, George A. and Dazelle Simpson and Stirrup Properties Inc., Donal Smith, Helen Fisher Roberts, Edna Mae and Thomas Demeritte, CG 3576 Fla LLC, Patrick J. Leonard and 3545 Grand Ave Corp, Owners FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 21, 2008 by a vote of 6-2. Also recommended that the applicant provide the Planning Department with the legal description of the property as soon as possible, by a vote of 6-2. See companion File ID 08-00166zc. City of Miami Page 203 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 PURPOSE: This will change the above properties to Restricted Commercial. Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 13021 Chair Sanchez: All right. Let's go to PZ.16. PZ.16 is on second reading. Lucia Dougherty: PZ. 16 and 17 are companion items. Chair Sanchez: Yeah, they are, but we're going to vote on them -- okay. All right. Need a motion. Commissioner Sarnoff. So moved. Chair Sanchez: There's a motion -- Commissioner Gonzalez: Second. Chair Sanchez: -- by Commissioner Sarnoff, second by Commissioner Gonzalez. Once again, I think it -- it's a public hearing, but everybody spoke on the item, unless anybody want to add and -- we're not going to -- just don't come up here and repeat yourself it's the same item. If you haven't spoken, I'll let you speak on the item. Jim McMaster: No, sir. A lot of us didn't speak on the first item -- Chair Sanchez: Okay. Mr. McMaster: -- because it was just the SD-28 amendment, underground parking. Chair Sanchez: I understand, Jim. Mr. McMaster: I think a lot of people misunderstood what was actually happening, but no; there're a number of us who do want to speak on this item. Andl guess Lucia should give -- since this a land use zoning change, Lucia should give her presentation -- Chair Sanchez: Yes. Mr. McMaster: -- and then we can speak. Vice Chair Spence -Jones: No. Chair Sanchez: You're right. You're absolutely right. Lucia, you're ready for your presentation? Ms. Dougherty: Yes, sir. At your last meeting, Commissioner Sarnoff and Commissioner Spence -Jones gave us a directive to -- andl think you're going to be happy with the direction that you gave us and what we've done since that last meeting. Andl also want to commend the Cocoanut Grove Village Council, which played a large role in bringing the community and the developer together on -- in many of the issues. But let me tell you what we did. The first thing we did -- the meeting was on June 26. On June 27 we met with the Collaborative and made a commitment with the Collaborative to put at least 12 units of workforce housing in the project City of Miami Page 204 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 and we're working towards another 80 units offsite of affordable housing. We met with HOATA (Homeowners & Tenants Association) on July 2 and -- to review their request. Alyn Pruett and Felice Dubin facilitated that meeting from the Village Council, and the Village Council and HOATA made a field trip on July 13. On July 16 there was a recommendation -- unanimous recommendation from the Planning Advisory Board concerning the grocery store. In other words, we are requesting a grocery store amendment to allow a grocery store much -- 40, 000-square foot grocery store. It was unanimously approved by the PAB (Planning Advisory Board) without any discussion from the neighborhood, so that's one thing that we know that the neighborhood and HOATA are supportive of. We met with the Affordable Safe Housing Coalition to discuss some home beautification and restoration partnerships. We met with the Village Council again, and that's where we, again, confirmed their involvement and their commitment to bringing the neighborhood together. We met with two separate homeowners at their homes to review the project, and in addition to that, we've contracted with four Village West employees with our association through the EUC -- excuse me, UEC (Urban Empowerment Corporation) and the Merchants Association, so we've already engaged for our project four West Grove people. Tucker Gibbs prepared two versions of a covenant and -- which address many of the concerns of HOATA. One is that it runs in favor of the City and anybody within 500 feet. It does not allow for a change of zoning beyond this zoning line that you see here. We do not object to a reversion of the zoning back to the way it was if we don't get a grocery store. We require houses on the residential portions, houses to be created within a certain time period after getting the certificate of occupancy. We don't allow anything greater than 25 feet on the residential side. We require buffering between any houses which do remain and the ones that are there, and those are just some of the things. And Tucker is here, and he's provided not one, but two covenants to the Commission, the City Attorney, and HOATA. We do have a letter in support from the Collaborative here, and we also have a letter -- another letter of support from Thelma Gibson, and she says this law -- this letter comes in support of the Grove Village on Grand development. As a long-time resident and activist in Coconut Grove, I truly believe that this much needed and long overdue project that will greatly benefit the Village West community and the greater community as a whole, and then she goes on. She says that the opportunities will greatly benefit those currently living in Village West by providing new housing, ample jobs, and every day needs, such as banks and full -service grocery. I've always been an advocate for bringing back the old Grove, which is pedestrian friendly community where citizens and visitors could feel safe walking in the area. As someone who has the Village West and its residents best interest at heart, I would once again like to reiterate my full support of this project and look forward to working with them. So with that, I would like to close and have some rebuttal, if necessary. Chair Sanchez: All right. Anyone else from the public wishing to address this item? Okay. Jim McMaster: Jim McMaster, 2940 Southwest 30th Court. Commissioners, you know we do not have an attorney. If three of us, like the last reading, could have a little more time, it would be myself, Pierre Sands, and William Bellinger take a little more time. I actually went down a couple of days ago and looked at the packet, and I've not had a chance to speak with City staff because I was up late last night trying to piece this together. I have some concerns about what we're actually approving today. The first page of the handout Pierre is giving out is the Disclosure of Ownership form, and all the Disclosure of Ownership forms have the same addresses. I've highlighted in yellow 3558 Florida Avenue, which is on all the Disclosure of Ownership forms. If you flip to page two, this is a memo from Sergio in Planning. Right about a week before the first PAB meeting, he noticed that on the application, that 3575 Thomas Avenue didn't exist; it should be 3577; 3560 Thomas Avenue doesn't exist; 3559 Thomas Avenue should be 3559; 3567 Thomas Avenue; 3511 Thomas Avenue should be 3509-11 Thomas Avenue; and 3558 Florida Avenue is missing. Now all of this and then the grid -- the next page is this grid -- all of this is what was wrong with the official advertisement that was posted the ten-day notice for the Planning Advisory Board meeting. The next page is a memo from Rafael Suarez -Rivas, your former City Attorney, saying it was okay that this posting was wrong as long as at the City of Miami Page 205 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Planning Advisory Board meeting they corrected the addresses. The problem is whoever at the City who tried to correct the applicant's mistakes, looked at the Disclosure of Ownership sheet and saw that 3558 was listed there, so what they did at the Planning Advisory Board was they apparently included at 3558 Florida Avenue as one of the properties included in the land -use zoning change. If you go to the next page, the future land use map, I've highlighted in yellow, it's the one block on Florida Avenue that we've been talking about that has been -- apparently been purchased recently. My concern is, if you go to the next page, is that you look at the old exhibit, Exhibit A. It does not include Lot 6, Block 24, which is the Demeritte property on Florida Avenue, 3558. Someone from Greenberg Traurig, on May 29, 2008, e-mailed (electronic) the City ofMiami -- that's the next page -- a revised legal description for Grove Village zoning, and what they've done is they've revised the legal description to show the Demeritte's lot included. I've highlighted Lots 1 through 7 are now included. They've included Lot 6. Also, when it comes to disclosure of ownership, the City ofMiami Code requires disclosure of all properties having a financial interest. Southwest Investors, LLC (Limited Liability Company) -- there's documentation in here. There is a disclosure. There's some other legal documents, but there's no disclosure of who owns it. I've looked on the Web. I glanced at the file downtown. Bayshore Towers Development Corporation owns three properties on this development site. There does not appear to be a disclosure of ownership form at all for them, and maybe I missed it. Maybe it is someplace in the packet. If you go to the final page, this is the original application submitted by Patrick Range to the City ofMiami on 2/5/08, and I've highlighted at the top between Helen Fisher Roberts in CG 3576Florida. That is where, in subsequent documents, you'll find Edna and Thomas Demeritte, the owners of 3558. If you look at today's agenda, you'll notice that the address 3558 is not included. However, Edna Mae and Thomas Demeritte are included. So my concerns here are that we really don't seem to know who the applicants are, which properties; are we using the legal description that has been in the packet from day one that is on the computer; if you access through the website or are we using the May 29 legal description that includes Lot 6. So I think what has happened is that they have not fulled what the City Attorney required of them at the April 16 PAB as far as public notice is concerned. I think that they have not corrected the errors in the -- that 9J5.004, Public Participation, and Florida Statutes 120.525(1) (2). I think that they have not fulfilled these requirements, andl would suggest respectfully that if we could take a -- you could pick up another item. I think you've got a couple more -- 20-minute break and Lucia andl could go to staff and see if we can find is there disclosure of ownership for the Southwest, is Bayshore Properties included, is 3558 Florida Avenue part of this application because the Demeritte's name is on it? Ms. Dougherty: The answer is the legal description, which does not include Lot 6, the Demeritte's property, is correct. We will come back later -- because we've just purchased the property -- and rezone that piece of property separately. So we own -- we have requested the entire block with the exception of that one lot that we just purchased today. So it is not included. Chair Sanchez: Because it wasn't yours. Ms. Dougherty: Because it wasn't ours at the time. Mr. McMaster: But why would, on May 29, Rodriguezms@gtlaw.com send a revised legal description for Grove Village rezoning to the City ofMiami that -- andl did cut and paste this. This was -- this is the e-mail, and then there were two separate pages. I pasted it together, but -- Chair Sanchez: I think you've made your point on that. Ms. Dougherty: That is for the Major Use Special Permit; doesn't have anything to do with this rezoning. Mr. McMaster: Oh, okay. And as far as the disclosure -- City ofMiami Page 206 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Ms. Dougherty: You know, these are things that, if you would talk to me in advance -- when I have tried to get a hold of you -- Tucker's been trying to get a hold of you. I asked you today, do you have any concerns, and you wouldn't tell me. And you bring it here and we can't respond to it. Mr. McMaster: Well, okay. Ms. Dougherty: (UNINTELLIGIBLE) don't remember. Mr. McMaster: I told you I did have concerns and -- Ms. Dougherty: Well, you wouldn't tell me what they were; we could have -- Chair Sanchez: All right. Ms. Dougherty: -- resolved them if you had talked to me in advance. Mr. McMaster: Actually, as -- when I started out, I did say I went down two days ago to the City and the City did their best to correct this, which is what led to some of these problems where the City saw there were problems and tried to correct it and included 3558. But I was down at the City two days ago. I was actually at my office. Tucker Gibbs apparently called my house about 8 o'clock last night to say that he had dropped off the deed restriction. I was at my office until midnight last night trying to put this back together. So I just think that we have -- we should take 20 minutes to get together and find, you know, the Disclosure of Ownership form, which addresses are we using. The Demerittes are on here. They're right there, Edna Mae and Thomas Demeritte on today's agenda. Chair Sanchez: Jim. Mr. McMaster: Item number 16. Chair Sanchez: Jim, we're not -- I think the issue has been addressed, and if anything, the Administration could elaborate (UNINTET,TIGIBT,F) -- Vice Chair Spence -Jones: Or City Attorney -- I mean, City Attorney -- Chair Sanchez: No, not the City Attorney, the -- our Department, our -- Vice Chair Spence -Jones: And the City Attorney (UNINTET,TIGIBT,F). Roberto Lavernia (Chief of Land Development, Planning Department): The map provided in your package and the legal description was based in a survey presented by the applicant that exclude that lot -- Chair Sanchez: That's it. Mr. Lavernia: -- and that's the way it was advertised, presented to PAB, and to first reading. Chair Sanchez: Okay. Jim, does that conclude your --? Mr. McMaster: I just want to leave my objections on the record, andl know Pierre has something to say and William Bellinger who's a neighbor, has some -- Chair Sanchez: Okay. City of Miami Page 207 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Mr. McMaster: There may be other people also. Chair Sanchez: Okay. Mr. McMaster: Thank you. Chair Sanchez: All right. Vice Chair Spence -Jones: Can I --? Chair Sanchez: Let's go. Vice Chair Spence -Jones: Madam City Attorney, do you have a comment? Julie O. Bru (City Attorney): Madam Vice Chair, when an item is before you, it is presumed that it is before you correctly and appropriately. Staff has the responsibility to make sure all the prerequisites are met and complied with. If there's a question about, they could deal with it, but I believe that staff -- Vice Chair Spence -Jones: I just want to make sure we're meeting the requirements by advertising something that is -- Ms. Bru: When the item -- Vice Chair Spence -Jones: -- because that was one of the -- Ms. Bru: -- comes to you, it is presumed to be before you correctly, and unless Hearing Boards or the Planning Department indicates that there is a problem with notice, you should presume that it's correctly before you. Chair Sanchez: All right, sir, you're recognized for the record. William Bellinger: William Bellinger, 3461 Florida Avenue. I'd just like to go on record by saying that the Village Council did not pass this. They only passed the first two blocks. And I'd like to appreciate them for that. And also, I also like to go on record in saying that the Planning Department recommend denial of the applicants based on some of the following issues, and one is MCNP (Miami Comprehensive Neighborhood Plan) Goal LU-1, where it protects and enhance the quality of life in the City's residential neighborhoods, and it also states that it prompts the (UNINTELLIGIBLE) use of land and minimize the land use conflict. And going down to Policy LU-1.1.3, it provides protection of all areas of the City from encroachment of compatible land use and advertise -- adverse impacts of future land use in the adjacent areas that disrupt or disregard public health safety. There's no limits here. There's a mini CocoWalk going on. The residential streets in the neighborhood, it's affecting this. The parking under the residential homes, spot zoning, traffic issues, backdoor eminent domain where we're forced to sell to the developers at a lower price if, in fact, they start putting their homes around ours and it'll impact and bring down the value of it. And if we go on to MCNP, the housing policy HO-1.1.8 states that through the following -- that the land development regulations of the City will protect and enhance viable neighborhoods in those areas suitable for housing. And going down to MCNP -- Chair Sanchez: Sir, in conclusion. We got -- two minutes. Mr. Bellinger: -- objective -- Chair Sanchez: You've had more -- City of Miami Page 208 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Mr. Bellinger: -- HOP-1.1, it encroaches upon conservation of present stock of low- and moderate -income housing within the City and reduces the number of substandard units through (UNINTELLIGIBLE). And you know, they was talking about deed restriction. We have -- we want the deed restriction that was used over at CVS (Consumer Value Stores), not the one that was given like what Tucker Gibbs had given. And we also like to have inclusive in it about the traffic -calming circles, also the green areas, the 55-feet setback where you won't encamp a neighbor -- Chair Sanchez: All right. Sir, I think you -- Mr. Bellinger: -- that does not sell. Chair Sanchez: -- put those things on the record, so -- Mr. Bellinger: Okay. Chair Sanchez: -- let's wrap up -- Mr. Bellinger: And we also like to have them put something on -- in writing so we could put it on record tonight also. Chair Sanchez: That'll be discussed here if it's proffered through a covenant or it's -- you know, it's asked by one of the Commissioners, so we'll address it. I think that's been put on the record before. Pierre, yes, sir. Pierre Sands: How you doing? Do I need to give my address again or can I just --? Chair Sanchez: Do me a favor and just put your name on the record, Pierre. Mr. Sands: Pierre Sands. Chair Sanchez: Thank you. Mr. Sands: Thank you very much. What I'd like to first cover is that I'm encouraged by the dialogue. I am very grateful to that ad hoc committee from the Village Council that worked with us diligently to hammer out concerns. As a representative of Homeowners & Tenants Association, we want more. We came up with a prioritized list of four items that we felt were really pertinent to this whole development. To Pointe Group's credit, they have walked with us. We had a -- what we call a field trip. We actually met two weeks ago Sunday; walked through the Grove. We looked at the various sites that were going to be -- Chair Sanchez: Developed? Mr. Sands: -- removed, andl would suggest that would be a good move that this Commission panel would also do is to come out. We did try to contact District 2, Marc Sarnoffs office. He had a demanding schedule; could not come. But extend to you this same opportunity to come out on a field trip and walk this thing out with us. Chair Sanchez: Okay. Mr. Sands: Now, the four points that we really wanted to work on and we feel that is really integral to our agreement with Pointe Group -- Chair Sanchez: Could you just put the four things on the record? City of Miami Page 209 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Mr. Sands: Okay. Chair Sanchez: Please. Mr. Sands: I'll just read through them quickly because there's some points I want to make. The first point was that we wanted a -- we want a community -designated residential zone, and we have enumerated under that category -- that number the things that we want. I won't go into them now. The second thing we want -- and we really want to be sure that we get this -- is the mixed -income affordable housing. We specifically would like to see again 30 workforce units and 150 affordable homes. Chair Sanchez: Okay. Mr. Sands: Number three is that we want a site plan/design, which we'll explain further. Fourth on our list of priorities is the supermarket. Without these other three, the supermarket is immaterial. Now, I want to -- Chair Sanchez: Pierre, please, in conclusion. I'm giving you an -- Mr. Sands: I -- Chair Sanchez: -- I've given you plenty opportunity. Mr. Sands: -- you know what? Chair Sanchez: I can't give everybody 25 minutes to speak up here, you know. Mr. Sands: I haven't spoken that long. Chair Sanchez: I know, I know, I know. Mr. Sands: Andl really -- at this point, I ask your latitude here. May have it? We -- Chair Sanchez: I want you to understand that today's Commission meeting, we still have items to address. Mr. Sands: I understand that -- Chair Sanchez: All right? Mr. Sands: -- but I don't really think at this point in time anything could be more pressing than the points that I have mentioned. Housing is one of the critical points that we have mentioned here, and if my memory serves me correct, we are in a housing crisis here. Are we not? Chair Sanchez: Go on. Go ahead. Mr. Sands: Thank you. And that's really my point, is that when we did that field trip two Sundays ago, what we looked at down Grand Avenue was the fact that those apartment buildings would no longer be there. That's an important part of our question here. Those places will not be there. We also looked on Ford and Thomas and homes that were once owned by West Village people had been knocked down. We don't have any opportunity now that anyone in this Grove, if they could buy, would buy, or were able to buy, or can buy because those buildings are gone. What problems that we have with the development is that we want on those Thomas and Florida Avenues, we want those homes not to be rental homes, but homes that are available for City of Miami Page 210 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 purchase. This is a very, very important issue with us. Chair Sanchez: Pierre, let me explain something to you. We're here to listen to this as a quasi judicial. We're like judges, okay. I've given the applicant and her group -- afforded them an opportunity of time. Between you and Jim, you have -- have had more time -- Mr. Sands: You know -- Chair Sanchez: -- than them, and you're going to have more people that are going to come and speak on the item. I mean, how much longer are you going to need? Mr. Sands: Okay. Chair Sanchez: Because Jim's telling me -- when Jim walked away, he said that like -- Jim, how many were more going to testify? Are they going to take 20 minutes? Are they going to take ten minutes? I need to know this. Mr. Sands: All right. Chair Sanchez: Two minutes? Unidentified Speaker: Well, two minutes each. Chair Sanchez: Two minutes each, okay. Pierre, let's be fair. How much more time do you need? Mr. Sands: I'm just simply going to end it like this. We have a need -- there's no way we can sit here and ignore the fact that we need housing -- Chair Sanchez: You've put that on the record -- Mr. Sands: -- in this. Chair Sanchez: -- already like seven times that we need housing. Mr. Sands: No, sir. I just mentioned it once. I'm going to finish. Chair Sanchez: Pierre, help me -- Mr. Sands: Okay. Chair Sanchez: -- get through this meeting. Mr. Sands: I will help you, but think you're kind of beating me up right now -- Chair Sanchez: No, I'm not. Mr. Sands: -- you know. Chair Sanchez: No, I'm not. I've given you -- I'm giving you ample opportunity -- Mr. Sands: Okay. Chair Sanchez: -- to put your stuff on the record -- City of Miami Page 211 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Mr. Sands: Housing. Chair Sanchez: -- and you're getting to the point you're repeating yourself. Mr. Sands: Okay. But it's hard if you keep interrupting me. Chair Sanchez: All right, listen -- Mr. Sands: You know, I want to finish, but -- Chair Sanchez: -- Pierre, you got one more minute -- Mr. Sands: Okay. Chair Sanchez: -- and then I'm going to turn off the mike, my man. I'm sorry. You got one more minute. Mr. Sands: Okay. Chair Sanchez: Please. I don't want to be rude. I'm asking you, please. Mr. Sands: Well, I don't -- okay. Chair Sanchez: One more minute. Mr. Sands: We'll talk about it afterwards. Chair Sanchez: I'll be more than glad to talk -- Mr. Sands: Okay. Chair Sanchez: -- to you afterwards -- Mr. Sands: All right. Chair Sanchez: -- but you've got one more minute. Mr. Sands: But right now, let me just finish. I really -- Chair Sanchez: That time won't count. Mr. Sands: -- want -- what? Chair Sanchez: That time won't count. Mr. Sands: Okay. I thank you so much, Joe. You're really gracious here. William Zombrister (phonetic): William Zombrister (phonetic). I'm yielding my two minutes to Mr. Sands. Chair Sanchez: Thank you so much, sir. Mr. Sands: Okay. You know, Joe -- may I call Joe? I'm sorry. Chair Sanchez: Yeah, you can call me Joe. City of Miami Page 212 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Mr. Sands: I just want to be -- Chair Sanchez: Call me Joe. I -- Mr. Sands: -- comfortable here -- Chair Sanchez: -- don't bother me if you call me Joe. Mr. Sands: -- you know. We are here -- I thank you very much. Mr. Zombrister (phonetic): You're welcome. Mr. Sands: We're private citizens here, you know. We're not orators. We're not lawyers. We come in from our jobs, and we would like just a little bit of courtesy from you, andl -- and bear - - forgive me -- Chair Sanchez: I've given you courtesy. Mr. Sands: -- you know -- Chair Sanchez: You've been talking -- Mr. Sands: -- but you cut me off. Chair Sanchez: -- how long has he -- Madam Clerk, how long has he been talking? Madam Clerk, how long has he been on --? Mr. Sands: I think I'm the only person -- Commissioner Gonzalez: Five minutes. Mr. Sands: -- that you have requested -- Chair Sanchez: Huh? Commissioner Gonzalez: Five minutes. Mr. Sands: -- how long have I been talking, but most of the time that I've been talking, you've been interrupting me. Okay, I'm done, you know. I'm just going to -- Chair Sanchez: Listen -- Mr. Sands: I just want you to understand, Mr. Sarnoff, Mr. Regalado, Mr. Sanchez -- Chair Sanchez: You could call me Joe. Mr. Sands: -- you know, Joe, thank you. What we have in this community, in West Village, we have -- we've been maligned, and it's unfair that folks can stand here and refer to our community, the community that we love, the community that we're defending, to call it a third world. We're not a third world. We're really asking that, particularly out of District 2, you demonstrate the leadership for us. What we are missing here is that we have the private, we have the nonprofit, but we don't have a commitment from your office to ensure that we get housing. It's very fundamental. We need that from you, and you missed out on that opportunity the last time, June 26. Thank you very much. City of Miami Page 213 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: Thank you, Pierre. Thank you very much for being so understanding. All right, next speaker, two minutes, please. Malcolm Wiseheart: Malcolm Wiseheart. Chair Sanchez: Yes, sir. Mr. Wiseheart: My address is 2840 Southwest 3rdAvenue, in Miami, Florida 33129. Andl will be very brief. I want you to know that I am very enthusiastic, wholeheartedly enthusiastic about this project. I have a background in real estate. I have a particular pet interest in West Grove and also the Miami River and done projects in both places. I currently operate through community developers, which is a mixed nonprofit and private consortium. We have 108 duplex units without any government assistance or subsidy, and we make apartments, two -bedroom apartments available for $600. I'm fascinated by what can be done within the parameters of the private market without burdening government and without asking government to pay for things. Most developers want the government to pay for things. Peter Gardner -- and this is the whole point of my presentation -- is totally the opposite. He's coming saying the opposite. I have money that we've accumulated in our family over generations and through many real estate projects. We have this project that we would like to pay for and make available to you. I have nothing to do. I don't know the inside financing of their project, but I understand it's really, in large part, private equity, either the Gardner family or friends of the Gardner family. So the point is if there's risk -- and there's always a sense of risk when something new comes; we've seen that tonight, a social risk of dislocation, of feeling there's something new that wasn't there before. It makes all of us nervous; that the City ofMiami is protected from any kind of financial risk because Peter Gardner is assuming that risk. I want to share a couple of other little quick points. Chair Sanchez: In conclusion, sir. Mr. Wiseheart: In conclusion. Chair Sanchez: Your two minutes are up. Mr. Wiseheart: Because of the fact that Peter Gardner is clearly someone who loves this community, that as doing this as a labor of love, as much a social experiment and an assistance to the community, as it is a real estate investment, I think it deserves your political backing; and I think that you should keep the focus on the fact that all you're being asked to vote on tonight is a two -block beginning and that there remains room to tweak it to change things, but the main thing is to get it going and to approve on second reading the two -block proposal. Chair Sanchez: Thank you. Next speaker. Henry Givens: Good evening. Henry Lee Givens, 10500 Southwest 149th Street, Miami, 33176. I'm president of Grovites United to Survive. I think one of our founding members is here, Dr. Simpson, seated over there. I represent 19 other investors who own the northeast corner of Grand Avenue and Douglas Road and also the southeast corner of Grand Avenue and Douglas Road. If you were to take a past concept of the minority enterprise where the government would require a person in Procurement to set aside or allocate 20 percent of the total cost of a project to minority enterprise, I think Pointe Group has exceeded that in their willingness to participate with Grovites United to Survive to develop the northeast corner of Grand Avenue and Douglas Road into somewhere in the neighborhood of 80 to 85 workforce or affordable houses. This community ought be very grateful to Grovites United to Survive because any other investor would take that plot of land and maximize their return on it; we're not. We're willing to sacrifice our return just to keep a commitment that my mother, Mrs. Gibson, and the rest of them made to City ofMiami Page 214 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 this community to do something that is meaningful to this community; andl don't think that that point is understood by this body andl don't think it's understood by the community at large. That real estate is very attractive to many developers to come in and maybe put a check cashing spot or a strip joint and things of that nature. We have sought not to do that. we are concerned about doing something that is meaningful and something that we all can have pride in, andl certainly would hope that this community would stop chiseling away at Pointe Group and throw their arms around the developer and embrace what they're doing and let's get on about the business of doing it because if we don't do this -- Chair Sanchez: Sir, in conclusion, please. Mr. Givens: Well, in conclusion, if we don't do this, you can bet your bottom dollar that a developer will come along and make it attractive to our investors and you won't get it, so I certainly hope that you would wrap your arms around this developer and support this project. Chair Sanchez: Thank you. Mr. Givens: Thank you very much. Chair Sanchez: Thank you, sir. All right, next speaker. Jack Cooper: Good evening. My name is Jack Cooper, 3360 Florida Avenue. And what I'd like to know is have City ofMiami done a traffic study on the amount of traffic that comes through Grand Avenue, Florida Avenue as far as your entertainment during the night coming out of CocoWalk? And the next thing I'd like to know is the Marrero Group owns most of the property on Grand Avenue. Commissioner Sarnoff. No, they don't. Mr. Cooper: Why aren't they here instead of Pointe Group? Commissioner Sarnoff. They don't own -- Chair Sanchez: I don't think so. That -- I don't think that's correct, sir. Mr. Cooper: Check on it -- Chair Sanchez: Yes, sir. Mr. Cooper: -- okay? Chair Sanchez: Yes, sir. Mr. Cooper: And the next thing I'd like to say, I get tired of people saying what we don't understand. I understand perfectly well everything that's going on in Coconut Grove. I'm in favor of developing Grand Avenue, but what's going on here is slipping in through the backdoor. I grew up here from the time I was five years old, okay? Chair Sanchez: Thank you, sir. Next speaker. Good evening. Cecilia Holloman: Good evening. Cecilia Holloman, Urban Empowerment Corporation, and also speaking on behalf of the Positive Partners in Coconut Grove; andl also have who will speak next -- andl want to introduce you to, Izett Scott, who is one of our partners in our jobs program, andl want him tojust kind of report on some of the things that we're doing there. I first of all want tojust congratulate the community and congratulate the Commission on what I City ofMiami Page 215 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 think is a job well done. This has been a very spirited debate. I think it's been a very good debate, and having done development around the country, I think that this has been very positive. Secondly, I definitely want to congratulate Peter Gardner and his team and primarily because they have done everything that they said that they would do so far and more. One of the things that they have done and you need to know and one of the reasons I'm here tonight to support this and wholeheartedly lend UEC's support and the 17 Positive Partners in Coconut Grove is because even before this has gone forward, they have been very forthcoming; they've gone to all the meetings. We've talked about that. But more so, they've already contracted or partnered with UEC, and the things that we are doing now in preparing young people who are unemployed to be not only ready for jobs, but also to have their skills so that they can get in on the construction phase and on the job phase. We've already put that partnership in place, and they've actually already hired some people to do that. That's the exciting thing. Commissioner Sarnoff. Cici, what do you estimate the unemployment rate to be just on Grand Avenue? Ms. Holloman: I would say on Grand Avenue, we're looking somewhere between 70 and 80 percent, and -- Chair Sanchez: Seven to eight percent? Ms. Holloman: Seventy to eighty percent. Chair Sanchez: Seventy to eighty percent of unemployment -- Ms. Holloman: Of unemployment. Chair Sanchez: -- just on Grand Avenue itself. Commissioner Sarnoff. And what do you put it in the entire West Grove or Village West? Ms. Holloman: Entire West Grove, a good estimate right now is 40 to 50 percent. And what I'll say is that we did a survey in 2003, UEC is also in the process of doing to a survey now to ascertain that and to make sure that those rates are accurate. Chair Sanchez: Wow. Ms. Holloman: But based on the numbers of people who have come through our program, we've already hired or placed 130 persons from the West Grove since November, and our offices are packed everyday from 9 o'clock in the morning and sometimes until 7 o'clock in the evening. That's one of the reasons why we have partnered with the South Florida Apprenticeship Training program, and I'll let Izett kind of explain what that program is about. But we've got -- Chair Sanchez: Sir. Ms. Holloman: -- so much demand, it's incredible. Chair Sanchez: Ma'am, could he do it briefly? Ms. Holloman: Yeah. Chair Sanchez: Okay. Ms. Holloman: AllI wanted to do was -- City of Miami Page 216 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: Because I rather we focus on the project in itself here. Ms. Holloman: Okay. -- report that and to let you know that Pointe Group has already started the partnerships, already started working with us to help people in the West Grove become skilled, employable, and that they're keeping up their part of the bargain. Chair Sanchez: Thank you. Ms. Holloman: So I just want to thank you for that and turn it over to Izett, who will briefly just explain what we're doing with the apprenticeship training. Thank you. Chair Sanchez: Thank you. Izett Scott: Thank you. Good evening. My name is Izett Scott, and I'm with the Associated General Contractors, director of apprenticeship training. I am very, very excited to have been invited to partner with the UEC group to train residents of the Coconut Grove for the construction of the projects that have been proposed. What we have been doing for many, many years is provide training to the construction trades, and for this particular group we will be doing what is called a preapprenticeship training; that is to say we will provide people with no experience at all with the fundamental knowledge of construction so that they can be placed on these projects to perform the jobs for which they will be hired. This will be in carpentry, in masonry, electrical construction, all of the construction trades of the choice of those individuals. We've done this for the city of South Miami, the city of Pompano Beach; we've done it for most of the major construction companies in South Florida, and I'm very delighted that we were asked to partner with the -- this group to provide training for them. Thank you very much. Chair Sanchez: Thank you, sir. Next speaker. Commissioner Gonzalez: That's it. Chair Sanchez: Sir, you're going to speak again on this issue? Mr. Bentley: Yes, but not the same -- Chair Sanchez: Two minutes -- Mr. Bentley: -- points. Chair Sanchez: -- please. Mr. Bentley: Twyman Bentley, and -- yes, please. I know I need to be brief. Chair Sanchez: Thank you. Mr. Bentley: I just want to emphasize some points that were made in the beginning, in particularly this is addressed to you, Commissioner Sarnoff. At the last Commissioner [sic] hearing, you made an offer to Pointe Group that if the supermarket is not built within a certain timeframe that the zoning would revert back. I'm holding you personally accountable for that, and I'm asking all the rest of you Commissioners to please keep that point in mind. Commissioner Sarnoff. Have you read the covenant? Mr. Bentley: No, and that's the issue. I -- no, we have not. Commissioner Sarnoff. Would you maybe ask Jim McMaster why, when it was sent to him about City of Miami Page 217 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 a week or ten days ago, why he hasn't handed it to you? Chair Sanchez: We're not going to get into a debate, folks. Listen -- Mr. Bentley: Well, that is -- Chair Sanchez: All right. Mr. Bentley: -- one of my points I wanted to make is that I have not had a chance to review that covenant, at all, and you know, in order for me to feel comfortable on this, I'd like to at least know what's in it. Thank you. Commissioner Sarnoff. Well, I could assure you -- Chair Sanchez: All right. Commissioner Sarnoff. -- that your point that you just held me accountable for is in there. Chair Sanchez: All right. Okay. Commissioner Gonzalez: All right. Chair Sanchez: The public meeting is closed, folks. Listen, ifI offended anybody -- Pierre -- I apologize. Mr. Pierre: I am hurt. Chair Sanchez: Andl apologize, all right. But, listen, I want you to understand. We -- I've been here since 9 o'clock this morning, all right, running a voluminous agenda andl -- as the Chair, I have to try to have control over these meetings, and when someone comes up to speak, okay -- andl gave you an opportunity. You spoke for six minutes and twenty-eight minutes [sic], okay, way more than the two minutes that allow people. IfI allowed everybody to come up here and freely speak, we would be here for two weeks in a Commission meeting. Andl don't want to take -- I don't want to deprive anybody of their -- of them addressing the Commission. After this is done, I'll speak to you in private. And I'll apologize ifI offended anybody. But we got to continue. This is already on second reading. A lot of these issues should have been hammered out on first reading when you addressed the Commission, so once again, I think that we need to move on with this. We're going to bring it to the Commission for deliberation and then we're going to vote on the issue. But got to try to maintain order here in the meetings, which I cannot lose, okay. This is a parliamentary order which we follow, which we can't lose respect or respect the institution that we hold. Commissioner Sarnoff, you're recognized for the record on this item, on PZ.16, which is on second reading; and then we have companion item, PZ.17, and PZ -- Vice Chair Spence -Jones: Eighteen and nineteen are deferred. Chair Sanchez: PZ.16 and 17, so we still got those items to go through. You're recognized for the record. Commissioner Sarnoff. Thank you, Mr. Chair. We're really here today about phase one. We're really here today about the use of the supermarket, whether it will be built, how it will be built; and we now have a covenant that's been tendered that is dated July 23, 2008. Before I get to the covenant, I've noticed two things in Miami: There are people that talk about jobs and people who work for a living, and all too often people talk about getting a job, but they don't get one, so now we're going to find out what kind of people we are. There're going to be jobs, there're going to be plenty of them, and people are either going to work or they're going to talk about some City of Miami Page 218 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 other job that they should have gotten. And as this economy falters -- and don't care who wins for President; I won't tell who I think should -- this economy is going to continue for a number of years to falter just because we've put ourselves in this situation that we're in as a country by the amount of borrowing and the fact that we divert so much away from our own sake. So for me, it was an easy decision with regard to the supermarket, and that will provide necessary jobs for a community that the best estimate is 70 to 80 percent of the people who were displaced were unemployed and possibly 40 to 50 percent of the entire community is not employed. So I think jobs are very important, number one, for a community; number two, for a man or woman's self-esteem, and for a person to have self-respect, then they will only respect others; and that is how a community is first and foremost formed. With regard to your covenant, I would suggest to you on Section F that instead of 12 months of issuance of the final certificates of occupancy, that you give yourself a TCO, a temporary certificate of occupancy. With regard to your Section H on page 5 of 8, I would recommend that the owner should rezone the property back to its original classification; that onus not be placed upon the City. With regard to section -- page 6, section 4, you have a time limit of 30 years. I don't see why there needs to be a time limit in there at all. Tucker Gibbs: It's a legal matter in terms of making sure the covenant will continue to run forever. It's standard -- Commissioner Sarnoff. By the 30 years? Mr. Gibbs: -- it's a standard form in every covenant in Dade County, in the City ofMiami. Commissioner Sarnoff. Is that the rule of Shelly's case? Mr. Gibbs: Don't even go there. Or the rule against perpetuity, take your pick. I -- Commissioner Sarnoff. All right. Those are my comments on it; otherwise I can accept it as drafted. So call the question. Chair Sanchez: Okay. Those -- whoa, whoa, whoa. What were they, amendments or modifications? Commissioner Sarnoff. This is his -- yeah. These are his -- he's -- they're offering a covenant -- Chair Sanchez: They're -- Commissioner Sarnoff. -- that runs -- Chair Sanchez: -- oh, so you're -- Commissioner Sarnoff. -- with the land. Chair Sanchez: -- accepting the covenant -- Commissioner Sarnoff. Correct, and I've -- Chair Sanchez: -- that had been proffered? Commissioner Sarnoff. -- made the modifications. Chair Sanchez: Okay. Do you understand the covenant? Have you seen the covenant? No? You'll have a copy of the covenant. City ofMiami Page 219 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Commissioner Sarnoff. How many have you given them? Mr. Gibbs: Okay. On July 17I hand -delivered to Mr. Sands' house and Mr. McMaster's house a copy of the covenant at that time. I asked for their comments on the covenant and did not receive them. So based on the Village Council's presentation and the presentation that was made by HOATA and members at the Village Council and the Village Council resolution, we made changes. Those changes were incorporated in the covenant that you all have in front of you that I hand -delivered to them yesterday afternoon; so yes, they have seen -- this covenant has been delivered. I don't know what else I can do. I've asked for -- Chair Sanchez: All right. That's what I wanted to hear. Mr. Gibbs: Right. I've asked for comments. I still, to this day -- Chair Sanchez: Tucker -- Mr. Gibbs: -- have received no comments on it. Chair Sanchez: -- you've answered the question. Commissioner Gonzalez: Mr. Chairman, call the question, please. Commissioner Sarnoff. Yeah, just call it. Call the question. Chair Sanchez: The question has been answered. I mean, I -- okay. Where is -- we have -- Commissioner Sarnoff. Call the question. Chair Sanchez: -- the Commissioners here. Okay. Ms. Bru: Mr. Chairman. Commissioner Regalado: It's an ordinance. Chair Sanchez: It's an ordinance on second reading. Commissioner Regalado: It's an ordinance. Ms. Bru: One moment, please. The covenant that's been proffered would be more appropriate to be tied into the zoning change. This is the land use change that you have before you now, so at this point you're going to be voting on the land use change; and then you should bring up the issue of the covenant when you do the -- Chair Sanchez: The covenant -- Ms. Bru: -- zoning change. Chair Sanchez: -- will come on the next item, okay. All right, the question has been called. There's been a motion and a second. It's an ordinance on second reading. Read the ordinance - Commissioner Gonzalez: No. I don't think -- Chair Sanchez: -- into the record. City of Miami Page 220 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Commissioner Gonzalez: -- there has been a motion, has it? Ms. Thompson: Yes. Commissioner Gonzalez: There was? Ms. Thompson: Yes. Chair Sanchez: Yes. Ms. Thompson: A motion made by Commissioner Sarnoff and seconded by Commissioner Gonzalez. Chair Sanchez: Read the ordinance into the record, followed by a roll call. Ms. Bru: Mr. Chairman. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. PZ.17 08-00166zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 46, 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, R-2 TWO-FAMILY RESIDENTIAL AND 0 OFFICE WITH AN SD-28 VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND NCD-3 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT TO SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT WITH AN SD-28 VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND NCD-3 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3410-20, 3428 HIBISCUS STREET; 3501, 3520, 3522, 3530, 3535, 3545, 3547, 3560, 3567 GRAND AVENUE; 3509-11, 3521, 3547, 3551, 3559-67, 3575, 3587 THOMAS AVENUE; AND 3500, 3506, 3508, 3540, 3548, 3576, 3582 FLORIDA AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 221 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 08-00166zc Analysis.pdf 08-00166zc Zoning Map.pdf 08-00166zc Aerial Map.pdf 08-00166zc Application & Supporting Documents.pdf 08-00166zc ZB Reso.pdf 08-00166zc Updated Surveys.pdf 08-00166zc CC Legislation (Version 2).pdf 08-00166zc Exhi bit A.pdf 08-00166zc CC SR Fact Sheet.pdf 08-00166zc-Su bmittal-Correspondence. pdf 08-001661u-Submittal-Disclosure of Ownership. pdf 08-001661u-Submittal-Affordable Safe Housing Coalition, Inc.. pdf 08-00166zc-Submittal-Proposed Declaration of Restrictive Covenants. pdf 08-00166zc-Submittal-Revised Declaration of Restrictive Covenants. pdf LOCATION: Approximately 3410-20, 3428 Hibiscus Street; 3501, 3520, 3522, 3530, 3535, 3545, 3547, 3560, 3567 Grand Avenue; 3509-11, 3521, 3547, 3551, 3559-67, 3575, 3587 Thomas Avenue; and 3500, 3506, 3508, 3540, 3548, 3576, 3582 Florida Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): N. Patrick Range II, Esquire, on behalf of GV Bimini LLC and GV Freeport LLC, Contract Purchasers, and GI 3428 Hibiscus LLC, CG 3540 Florida LLC, CG 3559-67 Thomas LLC, Bimini Dev of Village West Corp, West Grove Dev Corp, CG 3522 Grand LLC, Bayshore Towers Dev Corp, Hubert C. Stephens, Andros Dev Corp, George A. and Dazelle Simpson and Stirrup Properties Inc., Donal Smith, Helen Fisher Roberts, Edna Mae and Thomas Demeritte, CG 3576 Fla LLC, Patrick J. Leonard and 3545 Grand Ave Corp, Owners FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on June 9, 2008 by a vote of 3-2. See companion File ID 08-001661u. PURPOSE: This will change the above properties to SD-2 Coconut Grove Central Commercial District with an SD-28 Village West Island Special Overlay District and NCD-3 Coconut Grove Neighborhood Conservation District. Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 13022 Chair Sanchez: All right. We go to -- Commissioner Sarnoff. Move to approve PZ.17. Commissioner Gonzalez: Second -- Chair Sanchez: PZ.17 -- City of Miami Page 222 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Commissioner Gonzalez: -- PZ.17. Chair Sanchez: -- there's a motion with a covenant, second -- motion has been made by Commissioner Sarnoff, second by Commissioner Gonzalez on the item. There is -- I mean, we've discussed the item. Jim McMaster: Jim McMaster, 2940 Southwest 30th Court. I'll be very, very brief. I just wanted to incorporate all of my comments thatl made on the Planning Advisory item -- Chair Sanchez: For the record. Mr. McMaster: -- on this item. I would also like to question the PAB (Planning Advisory Board). The land use item you just approved was minus the north 45 feet and the south 25 feet and the zoning will be the same way. There was a revision in the application where it's -- so I just want to confirm that -- Commissioner Sarnoff. As amended, Jim. Mr. McMaster: As amended. Thank you. And last but not least, as far as the deed restrictions, we met with Peter Gardner and Margaret about a month, month and a half ago and gave them what we call the CVS (Consumer Service Stores) deed restriction. The neighbors negotiated with Lucia Dougherty for six to nine months. It's a deed restriction on the CVS block, and what we've repeatedly asked them for is take this deed restriction, use it as a template, and plug in, and they haven't done that. So we still have time; this is only phase one and we do look forward to -- Commissioner Sarnoff. Jim, have you read it? Mr. McMaster: Pardon me? Commissioner Sarnoff. Have you read it? Mr. McMaster: Yes, I have read it. Yes. Commissioner Sarnoff. And you didn't get back to Tucker on it? Mr. McMaster: I was at the office when he dropped it off at 8:30 last night. Commissioner Sarnoff. Oh, no, Jim. You got this over ten days ago; did you read it? Mr. McMaster: No, but the latest version was 8:30 last night. Commissioner Sarnoff. Jim, did you read the one ten days ago? Mr. McMaster: Yes, I did. Commissioner Sarnoff. Did you get back to Tucker? Mr. McMaster: No, I didn't because he -- Commissioner Sarnoff. Okay. That's all want to know. Mr. McMaster: -- it wasn't the CVS, so -- Chair Sanchez: All right. City of Miami Page 223 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Mr. McMaster: Thank you. I'm sorry. Thank you. Chair Sanchez: Look, what we've had here -- Mr. McMaster: Thank you, sir. Chair Sanchez: -- is a failure to communicate, okay, a big failure to communicate. Jim, I have the outmost [sic] respect for you. I think you're a stand-up guy, but, you know, you can't come up here and act (UNINTELLIGIBLE) an attorney without -- Mr. McMaster: Correct. Chair Sanchez: -- sitting down and you know, consulting -- I mean, every opportunity -- every item that you've asked for, that we've asked for, you've been provided that information, my friend. Mr. McMaster: All right. No. As far as -- Chair Sanchez: Maybe these are things that could have been worked out, so we don't come here and then we have this miscommunication. Mr. McMaster: Yeah. No. As far as the deed restriction, there's still time to work it out. As far as this item, Homeowners & Tenants would be the one to do the details, and I'm ready to work, but again, it's only the first phase. Thank you. Chair Sanchez: I understand, and I don't know why this meeting has gotten way out of hand okay. Mr. McMaster: We're all (UNINTELLIGIBLE). It's 8: 30. Chair Sanchez: Yes. Okay. Commissioner Gonzalez: Call the question, Mr. Chairman. Chair Sanchez: The question has been called by Commissioner Gonzalez on ordinance on second reading with the covenant, okay. Read the ordinance into the record, followed by a roll call. Julie O. Bru (City Attorney): Okay. And Mr. Chairman, just for accuracy, the covenant that you're referring to I suppose is the one that Commissioner Sarnoff has -- Chair Sanchez: Stated for the record. Ms. Bru: -- and I would like to, for the record, make sure that that gets given to the Clerk so that that is the version. I know that -- Mr. Gibbs: Clerk has it. Ms. Bru: -- this is the version. I know that there's been different versions. Mr. Gibbs: The Clerk was delivered a copy yesterday as well, and it was e-mailed (electronic) to all the members and the Clerk as well. Ms. Bru: Okay. And there were certain modifications that I thought Commissioner Sarnoff read City of Miami Page 224 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 into the record of the covenant and those have been recorded as far as an amendment to the covenant that the Clerk has on file, okay? Chair Sanchez: Madam -- Priscilla A. Thompson (City Clerk): Just to be clear. Chair Sanchez: -- Clerk. Ms. Thompson: I actually had two covenants delivered. Are we talking about the last one? Thank you. That was dated -- Commissioner Sarnoff. I'll give it to the Clerk right now -- Ms. Thompson: -- July -- Commissioner Sarnoff. -- and we can mark it as an exhibit. Ms. Thompson: I have it, but I just need the date. Okay, thank you. The other thing is I just want to make sure that -- does the covenant therefore change or modifi, your legislation? That's what I'm trying to make sure before we -- Chair Sanchez: No, it does not. Ms. Bru: It -- the ordinance is adopted with the covenant -- Commissioner Sarnoff. Right. Ms. Bru: -- and the covenant now is the one that you're going to mark that the Commissioner gave you. That is the version with the modifications that the Commissioner read into the record. Ms. Thompson: And because that was given to us now; it was not published with the document that went to the public, I'll show that as a modified ordinance on second reading. Ms. Bru: Yes. Ms. Thompson: Thank you. Ms. Bru: Thank you. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, as modified with the covenant, 4/0. Chair Sanchez: All right. Listen, if you would allow a point of privilege. The West Grove residents. Ms. Bru: Yes, that's my understanding. City of Miami Page 225 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: Please, just give me 30 seconds, and we'll go into the Commissioners' pages, which you'll probably be getting ready, or pocket items. This has been a passionate item. We've had spirited debates on this. You had an opportunity to sit down with the developer. You really have ironed out a lot ofyour differences on this item. This project, without a doubt, is going to bring prosperity to West Grove, which has not been there for a long, long time. And let me just tell you it is your children, your grandchildren that will have an opportunity with these things that are coming with this project to that community, so instead of fighting it, you should embrace it. So I respect your opinion; I hope you'll respect mine. And overall, I think, at the end of the day, when this is all said and done, this will enhance -- sir -- okay. You're -- all right, you're out of -- I just wanted to state that for the record. Good evening. We move on to the blue pages. Listen -- Roberto Lavernia (Chief of Land Development, Planning Department): Excuse me, Commissioners. That -- Commissioner Gonzalez: That's what you get for being nice. Chair Sanchez: Well, you know, you -- Commissioner Gonzalez: That's the reward. Mr. Lavernia: A clarification for the records. Originally, the application was presented for a full lot on Florida Avenue and full lot on Thomas Avenue. It was a request of the Planning Advisory Board to reduce the request and leave a strip of residential on Thomas and a strip of residential on Florida. It is my understanding that the applicant andl need Lucia in this case. Chair Sanchez: Hey, could we get Lucia back on this case? I don't know why this case has gotten so complicated. Is the counsel coming back in? Are you -- Counsel -- Mr. Lavernia: I think that -- Chair Sanchez: -- are you ready to address that? There's some concerns by the Administration on this. Ms. Dougherty: We did submit a new legal description with -- lessing out to 25 feet. It's in the record and that's all that we are requesting. Mr. Lavernia: The only thing that we need to clam is the that thing that was read on the records reflect the whole lot when, in reality, it's -- we have to make the clarification that it's only strip of those lots that is changing. Ms. Bru: Yeah, but there is -- the legal description is on file and the ordinance was read with attachments. The legal description is the attachment and that would be the specific legal description of what's being rezoned. Mr. Lavernia: Exactly. Thank you. Chair Sanchez: All right. So the issue has been clarified? Commissioner Gonzalez: All right. Chair Sanchez: Okay. We move on. Thank you. PZ.18 08-00223ct ORDINANCE Second Reading City of Miami Page 226 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 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; AND INCORPORATE THE REPORT ON "RESPONSE TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) OBJECTIONS, RECOMMENDATIONS AND COMMENTS (ORC) REPORT OF JULY 18, 2008"; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-00223ct CC Legislation (Version 4).pdf 08-00223ct CC ExhibitA (Dated May 13, 2008).pdf LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FI N DI NG (S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval with modifications to City Commission on April 30, 2008 by a vote of 8-0. Also, recommended denial to City Commission of the proposed Miami River Sub -Element as presented by the Planning Department by a vote of 6-2. PURPOSE: This will allow required amendments to the Comprehensive Neighborhood Plan based on the EAR recommendations. Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Sanchez Absent: 2 - Commissioner Regalado and Spence -Jones Pedro G. Hernandez (City Manager): Mr. Chairman -- Chair Sanchez: The City -- Mr. Hernandez: -- if you allow me. There are two items that I would like -- one is to continue, which is PZ.18. PZ.18, to be continued. Chair Sanchez: And -- Commissioner Sarnoff. So move -- Chair Sanchez: Hold on. And PZ.19, indefinitely. Mr. Hernandez: AndPZ.19, to be withdrawn. Chair Sanchez: Withdrawn. Okay. City of Miami Page 227 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Commissioner Sarnoff. Move to -- Chair Sanchez: So -- Commissioner Sarnoff. -- continue PZ.18. Chair Sanchez: We need to vote on PZ.18; 19, we don't need to. That's withdrawn from the agenda. Commissioner Gonzalez: I'll second -- Chair Sanchez: There's a motion by Commissioner Sarnoff, second by Commissioner Gonzalez to continue PZ.18. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." PZ.19 08-00837zt ORDINANCE Emergency Ordinance AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ZONING ORDINANCE 11000, ARTICLE 9. ENTITLED "GENERAL AND SUPPLEMENTARY REGULATIONS" MORE SPECIFICALLY, SECTION 937, ENTITLED "ADULT ENTERTAINMENT OR ADULT SERVICES" IN ORDER TO ALLOW FOR LEGISLATIVE INTENT LANGUAGE AND SPECIFIC CRITERIA; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 08-00837zt CC Legislation (Version 2).pdf 08-00837zt CC EO Fact Sheet.pdf 08-00837zt PAB Reso.PDF APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Pending recommendation on July 16, 2008. PURPOSE: This will add specific legislative intent language and criteria to "Adult Entertainment or Adult Services". WITHDRAWN PAB-08-029 [Note for the Record: For minutes related to item PZ.19, please see item PZ.18.] END OF PLANNING AND ZONING ITEMS City of Miami Page 228 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER ANGEL GONZALEZ END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 08-00860 DISCUSSION ITEM DISCUSSION REGARDING THE VIRGINIA KEY "ALL TERRAIN" BIKE PATH ON THE NORTH SIDE OF VIRGINIA KEY. WHAT IS THE STATUS? (VIRGINIA KEY IS THE LARGEST PARK IN THE CITY OF MIAMI). 08-00860 E-mail.pdf CONTINUED Chair Sanchez: Okay. Any other items on the regular agenda that we need to take care of before we move on to the Commissioners' district items? Commissioner Sarnoff. I have another pocket item. Chair Sanchez: Well, we haven't gone to pocket items yet. Commissioner Sarnoff. Oh, I'm sorry. Chair Sanchez: All right. Commissioner Gonzalez, District 1, do you have any blue pages? No. District 2, blue pages? Commissioner Sarnoff. Briefly, on the blue page Chair Sanchez: You had something about all -- the bike path? Commissioner Sarnoff. Well, the bike path I'm going to table. Chair Sanchez: All right. That item has been deferred or tabled. Well, you got to defer it. Commissioner Sarnoff. Deferred. D2.2 08-00861 DISCUSSION ITEM DISCUSSION. COMMISSIONERS TO DISCUSS THE TWO (2) SUNKEN BARGES APPARENTLY ABANDONED IN THE NORTHEAST CORNER OF MARINE STADIUM BASIN. THE SUNKEN BARGES ARE ALLEGEDLY City of Miami Page 229 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 A HAZARD TO NAVIGATION AS WELL AS BEING AN EYESORE. WHO OWNS THE BARGES? WHAT IS BEING DONE TO GET THE BARGES REMOVED? 08-00861 E-mail.pdf DISCUSSED Commissioner Sarnoff. The second item is a discussion, Mr. Manager. There are two abandoned sunken barges in the waters of the Marine Stadium basin located at Virginia Key. These have been sunken and abandoned since 2003 and 2005, respectively. The sunken barges have rested in an area that is heavily used by recreational boaters and a number of the community recreational user programs, including the City of Miami's Parks Department, Children's Recreation Program, Miami Rowing Club, Miami Swim Gym (Phonetic), and Miami Dragon Boat Club. Portions of the barges are submerged and pose a direct navigation hazard to boaters transiting the area. Repeated effort by the City ofMiami Marine Patrol and the Florida Fish and Wildlife Commission to identify and locate these owners have been unsuccessful. Both barges do not have vessel identification numbers installed anywhere within their frames. The cost of removal and disposal of both barge have been estimated at $220, 000. The scope of work to remove the barges includes the hiring of a licensed marine contractor to secure and float the barges, towing the barges approximately 400 feet to a City owned upland staging area, removal of the barges from the water by crane and dismantling the disposal of the wrecks. I ask that we start working on and our Law Department, as well as you, create a means and manner of disposing of these barges. They've been there. They're derelict. We can't have them there. Chair Sanchez: Mr. Chairman -- Commissioner, couldl cosponsor this legislation when it comes back? I think you need to focus, also -- when you look out the window -- I don't know if you could see the bay like I do -- there's some vessels out there that are clearly sunk. There's a houseboat that's sunk, and there's another houseboat out there that's abandoned, so those are the issues that I think that we need to be addressing with the Administration to try to get rid of those boats that are out there that are an eyesore and really just destroying the beauty that we have in our bay. Commissioner Gonzalez. Commissioner Gonzalez: Yeah. Mr. Manager, I would also like to -- on the same point of Commissioner Sarnoff, I would like to -- for you to address the issue of abandoned vessels in the Miami River. I think we have a couple of them, two or three, so please make sure that Marine Patrol or whoever has jurisdiction over the, you know -- or maybe these river lovers, you know, pay for to clean them up. Commissioner Sarnoff. Or -- wait, Commissioner -- maybe with the new fireboat that we -- maybe the fireboat can pull some of these things out. Commissioner Gonzalez: Yeah. Pedro G. Hernandez (City Manager): Commissioners, we'll explore all the options. Commissioner Gonzalez: Possibilities. Mr. Hernandez: Right. I'm familiar, Commissioner, with one in the river that has been there half sunk -- Commissioner Gonzalez: Yeah. Mr. Hernandez: -- for quite some time that we can get rid of. Commissioner Gonzalez: I believe there are a couple of them. City ofMiami Page 230 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Mr. Hernandez: The ones in the basin, there's got to be some sort of salvage value to that. I'm going to try to explore I mean, the -- they're stealing manhole covers these days. The metal -- Commissioner Sarnoff. Well, put a sign up there. Thirty-five manhole covers of equal value. Mr. Hernandez: There may be a way where we can actually go through a process where the value of those barges are taken into account into the bid process where we can minimize our expense. Our goal is to basically get it done for nothing. If we have to invest money to get them out, then we'll have to do so. Out here in the bay, I know that at least maybe once a year we do one of those contracts to remove derelict vessels, and -- Laura Billberry (Director, Public Facilities): Can I -- Mr. Hernandez: Yeah. Ms. Billberry: I'm sorry. Lori Billberry. We actually are having a vessel cleanup that should be scheduled later in August. I know we don't get to tackle every single one around, but we do try and work with the Marine Patrol and Solid Waste and get a lot of them cleaned up. Chair Sanchez: Well, that should be based on safety -- Commissioner Sarnoff. Right. Chair Sanchez: -- to prioritize it, and let me tell you. If you look out into the bay going out of the channel here now, there are like -- there's a sunken houseboat out there that God forbid somebody at night run into that. Commissioner Gonzalez: Also, on the river issue, Mr. Manager, I believe I spoke to you about that, but I want to put it on the record now. We need Code Enforcement to address a series of abandoned buildings in the Miami River, specifically in my district, that need to be painted, need to be fixed up, or need to be demolished, but we need to clean up, you know, their act. Since they can't clean it up themselves, let's clean it up ourselves, but it needs to be cleaned up, I mean. Mr. Hernandez: Commissioner, I -- Yeah. I know the -- Commissioner Sarnoff. I know the marina you're talking about; I agree. Mr. Hernandez: -- Department has already initiated action there, and I'll continue to follow up with them and keep you advised of the actions they're taking on the river. Commissioner Gonzalez: All right. Appreciate that. END OF DISTRICT 2 DISTRICT 3 CHAIR JOE SANCHEZ END OF DISTRICT 3 DISTRICT 4 COMMISSIONER TOMAS REGALADO City of Miami Page 231 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 END OF DISTRICT 4 DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES D5.1 08-00863 DISCUSSION ITEM DISCUSSION REGARDING THE LEVEL OF RESOURCES AVAILABLE TO THE LITTLE HAITI CITIZENS ON PATROL. 08-00863 E-mail.pdf DISCUSSED Direction by Vice Chair Spence -Jones to the Administration to provide a report, at the City Commission meeting currently scheduled for September 25, 2008, regarding the financial resources available to assist the Little Haiti Citizens on Patrol program. Chair Sanchez: Vice Chair, you're recognized for your blue page. Vice Chair Spence -Jones: Okay. I have no pocket items; only these two items. I think both -- the Administration has addressed my two items, but I just want to make sure we put it on the record. You know that we've been having a series rise of crime in the Buena Vista Design District area, and for many years, we've had the Little Haiti citizens on patrol there working and doing a great job. But I understand that there was an issue around resources that was made available to them. I'm assuming -- or what I've been told today is that that has been addressed, right, Mr. Manager? Pedro G. Hernandez (City Manager): Well, I know I -- let me have a police actually -- Frank or Steve? Vice Chair Spence -Jones: Yes, Chief. Deputy Chief Frank Fernandez: Commissioner, I sent an e-mail (electronic) to the Manager on this issue. I'm not really sure what resources -- I apologize. Frank Fernandez, deputy chief. I'm not sure what resource they're referring to. I did meet with Mr. Purdel about a month ago. It was a very productive meeting. They had some good suggestions and suggestions that we're going to incorporate into our COP (Community Oriented Police Service) program, some of them. Some of the other suggestions that I find out about today, at this point they're not -- we don't have the resources to do that. For example, they're asking for vehicles, they're asking for offices with computers. We don't have an office and computers to offer, but certainly, we do offer everything we offer to every other COP. Vice Chair Spence -Jones: Okay. All right. What the -- obviously, there was a breakdown in communication in my office, but I'm speaking in reference to -- of course, we're not asking for -- they're saying the normal resources that you have provided in the past, did you provide that to them in the past? Deputy Chief Fernandez: Yes, ma'am. All of that has been provided to them. Vice Chair Spence -Jones: So you used to provide them with a car? Deputy Chief Fernandez: No, no. We don't -- Vice Chair Spence -Jones: No. City of Miami Page 232 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Deputy Chief Fernandez: -- provide -- we don't have vehicles. Vice Chair Spence -Jones: Right. I think that the request was -- what they were provided with a year or so ago has now been taken back from them for the citizens on patrol in the area. So the question is can -- they want to make sure that they have those items restored back to what it was originally, so whatever those items were that we provided for them in the very beginning for them to -- I think they have like 40 or 50 people that are volunteering their time, you know, to at least be extra eyes on the street -- if we've done it before, I want -- if there's a reason why we're not doing it now, I would like to know it; but if not, let's -- I would assume we're able to provide them what we've provided for them in the past. Deputy Chief Fernandez: Commissioner, I will certainly meet with Mr. Purdel again and whatever resources we have available, I could assure you they're being provided to them as they are being provided to everyone else in the City. Little Haiti COP program is one of our most active programs, one that's supported very well by the police department and by our crime prevention specialist, Mr. Mark Paul, who works directly with them. But -- if you would allow me, let me meet with them, andl will make sure we clam any misunderstandings that they may - - may have taken place. Vice Chair Spence -Jones: No problem. And if we can have a -- just bring a report back to me next month to let me know -- Deputy Chief Fernandez: Absolutely. Vice Chair Spence -Jones: -- or not next -- the next Commission meeting to let me know that -- Deputy Chief Fernandez: Absolutely. Vice Chair Spence -Jones: -- it has been addressed. And then the second thing is -- thank you, Deputy Chief. D5.2 08-00864 DISCUSSION ITEM DISCUSSION REGARDING THE UPKEEP FOR MARTIN LUTHER KING BLVD. 08-00864 E-mail.pdf DISCUSSED Direction by Vice Chair Spence -Jones to the Administration to partner with the Liberty City Trust and any other organizations in the area to provide a detailed plan for the proper maintenance ofMartin Luther King Boulevard, to be brought back at the City Commission meeting currently scheduled for September 25, 2008. Chair Sanchez: All right. Any other items you may have? Vice Chair Spence -Jones: Yeah, I have another one. MLK (Martin Luther King) Boulevard, as you know, I only have one street thatl complain about or I talk about the most. I have many streets in my district, but the only street that really, really ask for the City's support on is MLK Boulevard. Andl don't know; it seems like every six months we're revisiting what's happening with MLK Boulevard. I understand today from Stephanie that the reason why everything is dead or dying that you guys have put in is because there's chinch bugs, correct? Stephanie Grindell (Director, Public Works): That's correct. Vice Chair Spence -Jones: Okay. But now we're going to at least make the accommodations to City of Miami Page 233 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 address that issue. Ms. Grindell: Oh, of course. Vice Chair Spence -Jones: And an ongoing maintenance issue for that very short roadway. Ms. Grindell: We actually have been addressing the ongoing maintenance. The staffs been out there on a biweekly basis. It wasn't until recently that we discovered that we had the chinch bug problem, and we're working to find -- to determine what's the best way to handle it, whether we remove everything all the way down through the grass or whether there's a way that we can use an herbicide to treat the chinch bugs without removing the grass. So as soon as we have a little more information on how to address it, then we'll know where to go from there. Vice Chair Spence -Jones: And if you can, Stephanie -- not at this next Commission meeting, but the one that's coming up after this -- provide us a full plan. I would like for you to work along with Liberty City Trust, along with whoever else in the area, to make sure that the area itself is being properly maintained because you're talking about one little section; I'm talking about all the way to 12th Avenue. Ms. Grindell: Yes, and l just had that conversation with Elaine. Vice Chair Spence -Jones: Okay. So I really want to make -- that's all I've asked for -- Ms. Grindell: Right. Vice Chair Spence -Jones: -- out of all the streets that I have in my district that we've done a roadway improvement project on, that's the only street that I've asked for it, is Dr. King's Boulevard. Ms. Grindell: Right. Vice Chair Spence -Jones: And if we can't keep that -- get that right, then there is really an issue with us. Ms. Grindell: Understood. END OF DISTRICT 5 City of Miami Page 234 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 NA.1 08-00882 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF OCTOBER 9, 2008 TO TAKE PLACE ON OCTOBER 16, 2008. Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0467 Chair Sanchez: Before we move on to the consent agenda, there is one housekeeping matter we need to address. On the Commission meeting scheduled for October, we look at October 9. October 9 is a holiday. That's Yom Kippur. It's a Jewish holiday. At which time we would need to change that date from the 9th to the 16th. If there's no opposition from the Commissioners, I believe, we need to take that action. Madam Clerk -- Priscilla A. Thompson (City Clerk): Correct. Chair Sanchez: -- so -- Ms. Thompson: -- you will -- Chair Sanchez: -- are we okay to change the Commission meeting from the 9th to the 16th? That way we'll have the Commission meeting -- the regular Commission meeting will be on the 16th, followed by the PZ (Planning & Zoning) on the 23rd That gives us enough time to properly advertise, and therefore, we take care of that matter, being that it's a Jewish holiday. Any concerns, any questions from my colleagues? If not, need a motion to change the - Commissioner Sarnoff. So move. Chair Sanchez: -- Commission meeting -- Commissioner Gonzalez: Second. Chair Sanchez: --from the 9th to 16th. The motion has been proffered by Commissioner Marc Sarnoff, second by Commissioner Gonzalez. 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." The motion has been approved, 5-0. Madam Clerk, for the record, the meeting has been changed from the 9th to the 16th. Ms. Thompson: Thank you. Chair Sanchez: That takes care of that matter. NA.2 08-00883 DISCUSSION ITEM DISCUSSION OF WAIVERS OF FEES, INCLUDING IN -KIND CITY SERVICES. MOTION City of Miami Page 235 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 A motion was made by Chair Sanchez, seconded by Commissioner Gonzalez, and was passed unanimously, directing the City Attorney to prepare a resolution for City Commission approval that requires requests for waivers of fees to clearly detail the monetary cost to the City, including a breakdown of all associated fees and in -kind services. Chair Sanchez: At this time, I'm going to pass the gavel on that item and ask the City Attorney to prepare a resolution for this City Commission that all waivers appearing on this Commission should clearly indicate a breakdown of the waived fees, complete detail of -- on the in -kind as to any monetary cost to this City should be clearly placed on the agenda for us to review. I would make that motion. Vice Chair Spence -Jones: We had a motion on the item. Do we have a second? Commissioner Gonzalez: Second. Commissioner Sarnoff. Second. Vice Chair Spence -Jones: All in favor? Oh, we don't need an all in favor. The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. Chair Sanchez: All in favor, say "aye. " The Commission (Collectively): Aye. Chair Sanchez: Mr. City Manager, make sure that you do send the proper notification to the agenda, the people that prepare the agenda, to make sure that those items, at least that report, breakdown, is on the backup material as well as on the consent agenda. It'll clearly state on the consent agenda exactly how much money we're waiving. Vice Chair Spence -Jones: And Mr. -- Chair Sanchez: For us and for those who obtain our agenda through the Web site or they come here and they pick up the agenda, they need to know exactly how much taxpayers' money we're spending on these events. Vice Chair Spence -Jones: And if -- and also, please, I'd like to have that report from the last year of the amount of waivers that have taken place regarding events. Chair Sanchez: That report was provided to me. I just -- provided to all the Commissioners. Commissioner Sarnoff. Hey, you did that a while back. Chair Sanchez: Yeah. Vice Chair Spence -Jones: Well, I never got it. I would like to have a copy of it, again, for the last year. Commissioner Sarnoff. Everybody got it. Chair Sanchez: All right. Come on. We've got to move on on this. Mr. Hernandez: We'll provide it. City of Miami Page 236 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Commissioner Gonzalez: All right. Chair Sanchez: Okay. Let's go. That takes care of the consent agenda. NA.3 08-00884 DISCUSSION ITEM RECOGNITION OF PARTICIPANTS OF THE MIAMI-DADE COUNTY PUBLIC SCHOOL INTERN PROGRAM ASSIGNED TO THE MIAMI WOMEN'S CLUB. DISCUSSED Chair Sanchez: Before we go to the DDA (Downtown Development Authority) millage, let me take the opportunity to recognize the Miami -Dade County Public Schools interns that are here. They're assigned to the Miami Women's Club. If -- well, we'll wait 'til they leave. I apologize. I should have done that after the -- if you could come on up. Okay. Thank you. I want to take the opportunity to recognize Whitney Miranda, Tonya Gonzalez, Carlos Markowitz, (UNINTELLIGIBLE) Font, and of course, I want to take the opportunity to recognize Mrs. Timoney, the president ofMiami's [sic] Women's Club, who has taken it upon to bring the children. If you could just come on up. Congratulations. It's a busy day. All right, thank you. Thank you. NA.4 08-00886 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO SEEK INJUNCTIVE RELIEF, OR ANY OTHER ACTIONS AT LAW OR IN EQUITY TO ENSURE COMPLIANCE WITH ALL APPLICABLE LAWS, WHETHER LOCAL, STATE OR FEDERAL, THEREBY IMPOSING REASONABLE TIME MANNER RESTRICTIONS UPON THE LABOR DISPUTE DEMONSTRATIONS BEING HELD IN DOWNTOWN MIAMI AND TO DO WHATEVER ACTS NECESSARY TO PROTECT AND AFFORD EVERYONE THEIR CONSTITUTIONAL RIGHTS, WHILE ENSURING THE ACTIONS NECESSARY TO PRESERVE AND PROTECT THE PUBLIC'S HEALTH, SAFETY AND WELFARE. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-08-0470 Pedro G. Hernandez (City Manager): If you would allow me -- Chair Sanchez: Yes, sir. I know what you're going to address. We've -- it is -- pertains to downtown. This is another issue that we need to address. As you notice, there's been a lot of labor disputes in downtown with these labor organizations basically having demonstrations outside of buildings for whatever reason, and it's -- really is causing an inconvenience not only to the working individuals in downtown, but also it just sets a bad presence [sic] for those that live, work and play in downtown, especially visitors that come to our downtown. I know that the district Commissioner has also expressed some concerns on this. We've talked to the City Manager. The DDA (Downtown Development Authority) is addressing this issue. It's something that's awful. In some of the buildings you may have about a hundred people outside. These people are hired by these labor organizations. The homeless, which I don't have a problem giving the homeless jobs, I don't; I honestly don't, but they go out there and they basically make City of Miami Page 237 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 noise, they distribute papers, and you know, they may have a constitutional right, but where somebody's rights ends, it begins for somebody else; so I think it's an issue that's way out of hand that need to address with the Administration. And know that, once again, we're privileged to have Jay as one of the board members who is an incredible attorney, who has also talked to the City Manager to handle this case, I believe, pro bono, Jay, to address his concerns. So before we turn it over to you, I would like to have the district Commissioner say a few words; Mr. City Manager, you'll be recognized, and then Jay, we'll address the issue. So this is pertaining to downtown. Commissioner Sarnoff. The Mayor is actually the first person who actually gets called on this demonstration downtown, and I'm not suggesting it's inappropriate to demonstrate, but the part of the demonstration that becomes the issue is that you have folks blocking the sidewalk, you have people asking that others honk their horns, they whistle, and it's becoming a huge disruption to the Wachovia building, Miami Center, and then in the past month, it has now branched out to Brickell; and now you have what I call murals because there are about 20 by about 5 feet long, and they elongate them all across the sidewalk and they force people to walk into the street. Now, I'll suggest to you that there are probably three or four ordinances -- although, I won't take Jay's thunder or pretend to understand the First Amendment quite as well as Jay does -- andl think it's something that we need to address and we need to address now. Demonstrations are subject to reasonable time, manner restrictions, andl think it's time the City ofMiami go to court and set those reasonable time, place and manner restrictions. I think we've got to be more pro business in the City ofMiami. We've got to be more responsive to the folks who are earning and paying our taxes. I think it's the DDA function, I think it's the City of Miami's function, and I think our City Attorney, along with Mr. Solowsky, should be out there and promoting and suggesting to a court that there have got to be restrictions based upon this First Amendment right, andl think the court will agree with them; andl know we've been accumulating evidence. The City Manager has been accumulating what he needs to have in hand before he goes to court, andl, for one, will make a motion that we ask the City Manager to work in concert with the City Attorney and to -- Chair Sanchez: We don't have a quorum. We lost a quorum. I can't believe this. How did they sneak out? Commissioner Sarnoff. It was a good speech too. Obviously, they didn't like it, though. Chair Sanchez: Anybody got any good jokes? Commissioner Sarnoff. So, how 'bout those Marlins? Chair Sanchez: I think they're playing good ball. Commissioner Sarnoff. They are. Chair Sanchez: All right, let's -- Commissioner Sarnoff. We got the quorum back. Chair Sanchez: All right, we have quorum back. Commissioner Sarnoff. So what I'm going to do is make a motion and ask the City Attorney and the City Manager to work in concert to prosecute an action for an injunction to place reasonable time, manner restrictions upon the demonstrations downtown and do whatever acts necessary the City Attorney deems necessary to protect and afford everyone their constitutional rights. Chair Sanchez: All right. There is -- Madam Attorney, you want to elaborate on this -- City ofMiami Page 238 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Julie O. Bru (City Attorney): Yes. Chair Sanchez: -- before we vote? Ms. Bru: Commissioner and Mr. Chairman, I was discussing with Mr. Solowsky this matter, and it would be my privilege if he is given the direction by his board to work with him on this case. Chair Sanchez: Okay. So we'll pass it through the DDA Board and then we'll take it from there, but let's also get a resolution from the City Commission. Commissioner Regalado: Second. Chair Sanchez: All right. There's a motion by Commissioner Sarnoff, second by Commissioner Regalado. The item has been discussed. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. "It passes. Mr. City Manager, you want to -- Pedro G. Hernandez (City Manager): Yes. Chair Sanchez: -- speak on the issue? Mr. Hernandez: I just want to say thank you. Chair Sanchez: Okay. Mr. Hernandez: That's exactly what wanted. Chair Sanchez: And -- Commissioner Sarnoff. And, Jay, just don't come -- if you don't come back -- you have to come back with a victory or don't come back at all. Jay Solowsky: Well, Commissioner, let me first say that think it is important to note on the record that no action being taken today is in contravention of anyone's First Amendment rights; that this Commission and this City certainly respect the right particularly of labor to picket peaceably, but those First Amendment rights are without -- as you say, they're not without limitation and reasonable time, place and manner restrictions, content neutral, will and should be upheld, and the strategy by which we would proceed, of course, would be initially to sit down and attempt to negotiate with those people who are picketing and perhaps to negotiate some firm time, place and manner restrictions, barring that it will be to consider and take other action. Commissioner Sarnoff. Thanks, Jay, andl wish you the best of luck, and so with the City Attorney. Chair Sanchez: Okay. Mr. Solowsky: Thank you. Chair Sanchez: Jay, once again, thank you. It's a pleasure and an honor to have you on our board. Once again, the DDA thank you so much; appreciate it. Let's go back to work. NA.5 08-00876 DISCUSSION ITEM City of Miami Page 239 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 BRIEF DISCUSSION REGARDING THE CREATION OF A BISCAYNE BOULEVARD MARKET OVERLAY DISTRICT. 08-00876-Submittal-Commissioner Sarnoff.pdf DISCUSSED Direction by Commissioner Sarnoff to the City Manager to consider the creation of a Biscayne Boulevard Market Overlay District, similar to the City ofMiami SD-28 district that currently exists on Grand Avenue in Coconut Grove, to be presented to the Planning Advisory Board in September 2008. Chair Sanchez: All right. Anything else, Commissioner Sarnoff? Commissioner Sarnoff. I -- one last pocket item, if you would. I'd like to direct the Administration to consider a Biscayne Boulevard Market Overlay District similar to what the City ofMiami special SD-28 district, which exists for Grand Avenue area of Coconut Grove. We have a Farmer's Market on Biscayne Boulevard, as you all know, at Northeast 65th Street, adjacent to Legion Park. We'd like to see this vitality continue. With the permission of the Commission and the Administration, we'd like to see the goal accomplished perhaps at the earliest available PAB (Planning Advisory Board) meeting in September of 2008. Chair Sanchez: All right. It's a directive to the Administration. Pedro G. Hernandez (City Manager): Commissioner, we'll pursue it. I just talked to Orlando; he says that it's doable, and we'll move forward. Commissioner Sarnoff. Thank you -- Chair Sanchez: All right. Commissioner Sarnoff. -- Mr. Manager, andl apolo -- NA.6 08-00877 DISCUSSION ITEM DISCUSSION REGARDING FILING INJUNCTIVE RELIEF AGAINST MIAMI-DADE COUNTY IN ANY ATTEMPT TO PLACE A QUESTION ON A COUNTYWIDE BALLOT TO TAKE OVER THE CITY OF MIAMI FIRE -RESCUE DEPARTMENT. MOTION A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, to direct the City Attorney to file an injunction immediately to stop any and all attempts to place any question in a countywide ballot regarding the City of Miami's Fire -Rescue Department. Chair Sanchez: Commissioner Regalado, you're recognized for the record. Commissioner Regalado: Thank you very much, Mr. Chairman. I don't have anything on the blue pages, but I do have a pocket item that I discussed with the City Attorney. As we all know, the County's moving forward with a plan to place on the ballot something to -- in order to consolidate all the fire departments in Miami -Dade County. Chairman Barreiro has informed me that by August 18, he must have all the information from the County Manager's office and from the five fire chief ofMiami-Dade County, and by September 2, it will be placed in the agenda for discussion and vote on the County Commission. As -- September 5 is the last day to include any item on the November ballot. My pocket item is a motion to direct the City Attorney to immediately file an injunction to stop any and all attempt to place in the ballot Countywide City ofMiami Page 240 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 any question regarding the City ofMiami Fire Department. And let me tell you, as of today, the County has filed suit against Indian Creek because they disengage the municipality from the County fire services and hire Miami Beach. And Surfside is trying to hire Miami Beach and disengage from Miami -Dade County because of the response time ofMiami-Dade County Fire. Actually, I think that by next budget process, we should explore the possibility of servicing the areas of Little Gables and Melrose with the Miami Fire Department and charging those areas. But my motion is to direct the City Attorney to immediately, after there is a meeting -- since we don't meet until the 11 th -- on the 2nd of September in Miami -Dade County Commission to file suit against the County seeking an injunction. Commissioner Gonzalez: I'll second that. Chair Sanchez: Discussion on it. Commissioner Sarnoff. And the good news is -- and correct me if I'm wrong -- that I don't think they know this. Well, they'll know it now, but the State law changed on this, and they had to have had that on the ballot sometime in August versus September. Chair Sanchez: Exactly. Commissioner Sarnoff. So the good news is I think we should certainly support this motion. You may want to, Madam City Attorney, not to tell you who to hire, but Gene Stearns, I think, would be an excellent choice. Julie O. Bru (City Attorney): Well, Commissioner and Chairman and members of the Commission, last week did meet with city attorneys from other jurisdictions that are affected by this attempt of the County to undermine our ability to provide services to our own community, and we have prepared and are in the process of preparing a legal analysis, and each of us were going to go back to our respective boards to ask for authorization to work as a team with the services of Eugene Sterns to present the moment that the County takes action, if they do, some sort of legal action, whether it be injunctive relief or challenge the constitutionality of what the County's attempting to do. It is -- it will be a very difficult legal challenge, Commissioners, because Miami -Dade County is in a very unique situation because of their Home Rule powers, but there's always legal argument that can be made. And also I would ask that if you are seriously considering this, that you also direct the City Manager to expend whatever is necessary to disseminate the public information that should be disseminated in connection with this matter. Chair Sanchez: Let me -- ifI -- Commissioner Gonzalez: I believe that that is very important. I believe our residents need to be aware of what's going on and how they're going to be affected by these services, you know, the reduction in service. They're not going to get the same service that they get from our firefighters if this happens, so that needs to be communicated to our people, to our residents. Commissioner Sarnoff. Andl think, also, in that same communication, they also said and the following year they're going to do police. Commissioner Gonzalez: Right. Chair Sanchez: They can't do police. Commissioner Sarnoff. Okay. I'm just saying -- I'm just -- Chair Sanchez: They can't. Every municipalities [sic] has to have a police department. City ofMiami Page 241 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Commissioner Sarnoff. Well, they interpret -- Commissioner Gonzalez: Well, let me tell you. Commissioner Sarnoff. -- the Florida Constitution a whole lot different -- Chair Sanchez: Okay. Commissioner Sarnoff. -- than the rest of us. Commissioner Gonzalez: A lot of people are talking about the next step will be taking the police. Chair Sanchez: All right. Commissioner Gonzalez: Okay. Chair Sanchez: On the item that has been presented, twice today I've stated that I had asked the City Attorney to prepare a resolution because myself and Commissioner Sarnoff attended the County, along with the Fire, not only our Fire Department, but also Miami Beach, Hialeah and Coral Gables, in front of the Commission to try to put a stop to this, which apparent -- we did; we were successful because it was not presented. But I do have -- I've been advised that it's going to be presented again at the next meeting by another Commissioner. We were very concerned with this, and when we left -- when I left the meeting, I contacted the City Attorney and had her prepare a resolution, which other cities have prepared in past, which I wanted to present today. I had put together two resolutions; one was opposing the regional in itself and the other one with the language of taking legal action. However on pocket items, as the Chair, I do have a policy, and it isn't good business sense, but I could see that this is an emergency because we don't meet in September [sic], and if that were to happen, the next following day we have to be filing a injunction [sic] of relief to address that issue. So I had the City Attorney prepare a resolution, which I will be presenting as one of my pocket items to clearly send a message to the County that we do not support this regional in any way. So let's go ahead and vote on Commissioner Regalado's pocket item, which is to take the legal actions once the County passes it and sets forth the referendum for November. So there's a motion by Commissioner Regalado on his item, 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. " NA.7 08-00873 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, PURSUANT TO INVITATION FOR BIDS NO. 07-08-017, TO BE RECEIVED AUGUST 4, 2008, AT 2:00 P.M., FOR THE PROJECT ENTITLED "MELREESE CLUBHOUSE AND RESTAURANT, B-30566;" ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROGRAM NO. B-30566. 08-00873-Legislation. pdf 08-00873-Exhi bit. pdf 08-00873-Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 242 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0463 Chair Sanchez: And therefore, is -- there is -- is there anymore pocket items or any blue pages? Commissioner Gonzalez: I have another pocket item. Chair Sanchez: All right. Go ahead. Commissioner Gonzalez: All right. It's a resolution of the Miami City Commission, with attachments, authorizing the City Manager to execute an agreement in substantially the attached form with the lowest responsive and responsible bidder, pursuant to invitation for bid number 07 08017, to be received August 4, 2008, at 2 p.m., for the project entitledMelreese Clubhouse and Restaurant, B-30566; allocating funds from Capital Improvement Program number B-30566. Commissioner Sarnoff. Second. Chair Sanchez: All right. There's a motion and a second. Any discussion on the item? If not, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: It passes, 5/0. NA.8 08-00874 RESOLUTION District 3- Chair A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY Joe Sanchez OPPOSING ANY ATTEMPT BY THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS ("COUNTY COMMISSION") TO ADOPT A RESOLUTION OF THE COUNTY COMMISSION CALLING FOR A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO REQUIRE THE COUNTY COMMISSION TO TRANSFER FIRE PROTECTION AND RESCUE SERVICES FROM ALL MUNICIPALITIES TO THE COUNTY AND PROVIDE A UNIFORM, COUNTYWIDE SYSTEM OF FIRE PROTECTION AND RESCUE SERVICES AND TO TAKE, WITHOUT COMPENSATION, ALL FIRE AND RESCUE PROTECTION ASSETS FROM THE CITY OF MIAMI; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF SAID RESOLUTION TO THE OFFICIALS AS STATED HEREIN; FURTHER AUTHORIZING THE EXPENDITURE OF ATTORNEYS' FEES AND COSTS, IN AN AMOUNT APPROVED BY THE CITY ATTORNEY, FOR THE ENGAGEMENT OF EUGENE E. STERNS AND THE LAW FIRM OF STEARNS, WEAVER, MILLER ET. AL, IN CONNECTION WITH ANY REQUIRED PROCEEDINGS IN THIS MATTER; ALLOCATING FUNDS FROM THE GENERAL FUND NON -DEPARTMENTAL, PROFESSIONAL SERVICES -LEGAL ACCOUNT NO. 00001.980000.531010. 08-00874-Legislation. pdf Motion by Chair Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 243 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0464 Chair Sanchez: All right. I have a -- well, I have two pocket items, and the first pocket item was the one that spoke earlier today where I've had -- I had the City Attorney prepare a resolution fighting the regional fire departments that the County wanted to regionalize it; and it reads -- (UNINTELLIGIBLE) prepared by the City Attorney. A resolution of the City ofMiami Commission strongly opposing any attempt by the Miami Dade County Board of County Commissioners (County Commission) to adopt a resolution of the County Commission calling for a Countywide special election in Miami Dade County, Florida, for the purpose of submitting to the electors ofMiami Dade County the question of whether to amend the Home Rule Charter to require the Board of County Commissioners to transfer fire protection and rescue services from all municipalities to the County and provide a uniform countywide system of fire protection and rescue services and to take without compensation all fire and rescue protection assets from the City; directing the City Clerk to transmit a copy of said resolution to the officials as stated herein; further authorizing the expenditure of attorneys' fees and costs in the amount appropriated by the City Attorney for the engagement of Eugene E. Sterns in the law firm of Sterns Weaver Miller, et la [sic] in connection with any required proceeding in this matter; allocating funds from the general fund nondepartmental professional service legal account in the amount as stated on that resolution. So moved. Commissioner Gonzalez: Second. Chair Sanchez: All right. Vice Chair Spence -Jones: That's it? Chair Sanchez: Yeah. You're Chair. Commissioner Gonzalez: There is a motion, and there is a second. Vice Chair Spence -Jones: There's a motion; there's a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. NA.9 08-00878 DISCUSSION ITEM DISCUSSION REGARDING THE MIAMI COCONUT GROVE TRACK CLUB, INC. TRIP TO THE JUNIOR OLYMPICS. 08-00878-Submittal-Commissioner Sanchez.pdf MOTION A motion was made by Chair Sanchez, seconded by Commissioner Gonzalez, and was passed unanimously, to authorize the allocation offunds, in an amount not to exceed $300, to the children of the Miami Coconut Grove Track Club, Inc., to sponsor their trip to the Junior Olympics; allocating said funds from the District 3 special events account. Chair Sanchez: My other pocket item is a resolution of the City ofMiami Commission authorizing the allocations [sic] offunds in the amount not to exceed $300 to the Children of the Miami Coconut Grove Track Club, Inc., to sponsor their trip to the Junior Olympics; allocated [sic] said funds from the District 3 special events account. These are children from the Coconut Grove, ten youngsters from the club of the City to make their -- they made the Junior Olympics and they're on their way to the Junior Olympics. Andl know that the Village Council, City ofMiami Page 244 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Commissioner Sarnoff, and the community has come together to help them raise the funds for them to attend, and we're very delighted that these individuals are going to the Special Olympics. I'm certain it's a dream come true for them. Andl would like to commend everyone that contributed to help them reach the amount of money that they needed, which was $3, 500, for them to make the dream a reality. And I'm sure that when they come back with their gold medals, that Commissioner Sarnoff will welcome them here at the Commission and provide the necessary protocol items for the winners. So that's my motion. Commissioner Gonzalez: Second. Chair Sanchez: Three hundred dollars out of my account for the children. Commissioner Sarnoff. We'll make an exception that you're spending money on a pocket item. Commissioner Gonzalez: I do -- Vice Chair Spence -Jones: I know. Right? Chair Sanchez: Huh? No. It's my money from the office -- Commissioner Sarnoff. I'm just teasing. Chair Sanchez: --from my office account. It's not coming -- Commissioner Gonzalez: Mr. Chairman. Chair Sanchez: --from yours or the City's. Commissioner Gonzalez: I do have two appointments to make. The Manager -- Priscilla A. Thompson (City Clerk): I'm sorry. Commissioner Gonzalez: -- has been waiting for one of them. Chair Sanchez: We do, we do. Commissioner Gonzalez: Pardon me? Ms. Thompson: We need -- we didn't get a vote on that -- on your pocket. Commissioner Sarnoff. All in favor, please say -- Vice Chair Spence -Jones: All in favor? Commissioner Sarnoff. -- aye. The Commission (Collectively): Aye. Chair Sanchez: We do have an appointment. Ms. Thompson: Thank you. Vice Chair Spence -Jones: The item passes. NA.10 08-00881 RESOLUTION City of Miami Page 245 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Carlos Morales Commissioner Angel Gonzalez 08-00881-Submittal-Resumes. pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0466 Commissioner Gonzalez: All right. I would like to proffer the name of Carlos Morales for the -- that comes from the amended lease of the CRB (Community Relations Board). That is my motion. Commissioner Sarnoff. Second. Commissioner Gonzalez: All right. Commissioner Sarnoff. All in favor? Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Commissioner Gonzalez: Okay. NA.11 08-00885 RESOLUTION A RESOLUTION APPOINTING REVEREND OVED JAUREGUI TO THE COMMUNITY BENEFITS COMMITTEE OF THE MIAMI ARTS MUSEUM. Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez: And also the -- Mr. Manager, you have been asking me to appoint someone to the Community Benefits Committee of the M4AJ (Miami Arts Museum). Pedro G. Hernandez (City Manager): Yes. Commissioner Gonzalez: All right. I would like to proffer the name of Reverend Oved Jauregui. Commissioner Sarnoff. Second. Chair Sanchez: All right. There's a motion. City of Miami Page 246 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Priscilla A. Thompson (City Clerk): I'm sorry. Chair Sanchez: The name has been proffered. You want -- Commissioner Gonzalez: Over, O-V-E-D -- Chair Sanchez: I think you're going to have to spell it for her. Commissioner Gonzalez: -- J-A-U-R-E-G-U-I. Ms. Thompson: Thank you. Chair Sanchez: Madam Clerk, don't worry; I couldn't spell it either. All right, there is a motion and a second. The name that has been proffered for -- is that for the M4AJ? Commissioner Gonzalez: That's it. Chair Sanchez: Okay. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right -- Would you like to say something, Robert? Roberto Suarez: Not on this item. Chair Sanchez: There aren't any other items. That's it. It's over with. NA.12 08-00879 DISCUSSION ITEM DISCUSSION REGARDING THE AWARD OF AN EMERGENCY CONTRACT FOR REPAIRS TO THE BASEMENT AT MIAMI CITY HALL. 08-00879-Submittal-Memo-City Manager.pdf MOTION A motion was made by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, and was passed unanimously, to authorize the City Manager to award an emergency contract to the lowest bidder to initiate the repairs necessary on the City Hall basement. Pedro G. Hernandez (City Manager): Yes, sir. Chair Sanchez: Okay. Mr. Hernandez: I have one item. Commissioner Gonzalez: The Manager has one. Chair Sanchez: Oh, you have a pocket item? Commissioner Gonzalez: Yeah. Mr. Hernandez: Yes. Chair Sanchez: All right. Commissioner Sarnoff. Second. City of Miami Page 247 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Mr. Hernandez: Mr. Chairman -- Commissioner Sarnoff.. Sorry. Mr. Hernandez: -- Commissioners, this is an emergency item that deals with the structural repairs to this building, City Hall. Back in May I sent a memo talking about the condition of the underpinning of this building and the fact that it needed immediate attention. We have gone forward. We have done the documents. We have received bids. We have five bids that were received. Andl would like your authorization to be able to move forward and award this contract and initiate those repairs as soon as possible. Commissioner Sarnoff.. Do we have an opportunity for underground parking here? Mr. Hernandez: No, sir. I don't think it's appropriate. The -- Chair Sanchez: All right. Need a motion. It was the lowest bidder. Commissioner Regalado: I thought he want to demolish. Mr. Hernandez: It was the lowest bidder. The cost is $298, 000. Commissioner Gonzalez: Move it. Chair Sanchez: Okay. There's a motion. Is there a second? Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion and a second. Any discussion on the item? Hearing no discussion on the item, we better fix City Hall before we end up dropping (UNINTELLIGIBLE) -- Commissioner Sarnoff.. Did you see that line item for Pete's office, $35, 000flat-screen TV (Television)? Chair Sanchez: No. Mr. Hernandez: No. I don't have that. Chair Sanchez: All in favor, say aye? The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " NA.13 08-00880 DISCUSSION ITEM DISCUSSION REGARDING LETTER FROM MIAMI-DADE COUNTY REQUESTING ANY DOCUMENTS FROM THE CITY OF MIAMI REGARDING REGIONALIZATION AND MERGING. DISCUSSED Chair Sanchez: Before we adjourn, Robert, do you want to say something? Roberto Suarez: Mr. Chairman and fellow Commissioners, on the issue we were speaking of just a moment ago on the County's regionalization attempts, I'm not sure if your offices have received it already. I know Commissioner Regalado presented it to me. The Office of the County City of Miami Page 248 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chairman Bruno Barreiro sent a letter to your offices today advising the City that it has three weeks to submit any information pertaining -- or any arguments pertaining to the issue of regionalization. We will probably need the Administration's help on -- something like that has never been done before in three weeks. We've done studies like this in the past, very preliminary studies on regionalization and merging, and it's taken months. The City of Hialeah did it to the point just before signature and approval, and it took one year. They're giving us three weeks in this letter from the chairman of the County Commission to provide all information, I assume, for their September 2 meeting. Chair Sanchez: You -- when was the last time that you did something similar, a study such as this? Mr. Suarez: In 1999. I think the study was completed in 2000, was the last time that the Commission directed the Administration to begin a study on that, and it was a very preliminary study that looked on service issues and just some -- just at surface level, and that took months to do and it was just preliminary studies. It was not complete study on the issue. Chair Sanchez: Well, I'm sure they're doing this to all the cities. Mr. Suarez: They are. And actually, they cc'd (carbon copied) our City on the letters to all the other cities. Chair Sanchez: Well, I think the -- it's in the Administration's best interest to work with you to put something together because all they're doing now is -- I'm surprised you haven't received a public records request because they're going to come after you now. Mr. Suarez: Yes. We -- Priscilla A. Thompson (City Clerk): We have. Mr. Suarez: Yes, we have. Chair Sanchez: We have? Ms. Thompson: Yes. Mr. Suarez: A very voluminous -- Ms. Thompson: We received it yesterday. Mr. Suarez: -- request. Chair Sanchez: Yesterday. Ms. Thompson: Yesterday. Mr. Suarez: Yes. Chair Sanchez: You see? So -- Ms. Thompson: Yesterday. Chair Sanchez: -- this is -- listen, I'm telling you right now, this is serious stuff. Mr. Suarez: Yes, it is. City of Miami Page 249 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Chair Sanchez: This is serious. They're going to move forward with it. They're counting on the Home Rule Charter, the only way I think that could be resolved if it's amended in Tallahassee, which I doubt it. So we better prepare ourselves for the legal challenge. Commissioner Sarnoff. How many County Commissioners represent, let's say -- Chair Sanchez: Seven. Commissioner Sarnoff. -- 40 or 50 percent of cities? Chair Sanchez: About seven. Commissioner Sarnoff. Seven. So we -- Chair Sanchez: Seven. Commissioner Regalado: No. Commissioner Sarnoff. -- have the votes, theoretically. Chair Sanchez: Huh? Mr. Suarez: Well, it's not 40 or 50 percent -- Commissioner Gonzalez: No. Mr. Suarez: -- of cities that are at issue here. Commissioner Sarnoff. No, no. What I meant was where their district makes up 40 to 50 percent of a city? Vice Chair Spence -Jones: Of municipalities, right? Commissioner Sarnoff. Of municipalities, yeah. Chair Sanchez: There's seven Commissioners, if I'm not mistaken -- Mr. Hernandez: Right. Chair Sanchez: -- that have in their districts -- touches a city that has a fire department. Vice Chair Spence -Jones: Right. And I'm understanding from my briefings that the City of Hialeah is not -- doesn't have a problem with it, correct? Is that --? Chair Sanchez: Well, no. Mr. Suarez: It's possible the City of Hialeah firefighters might not have a problem with it. I -- Chair Sanchez: But the government does. Mr. Suarez: I believe the government of Hialeah does. Vice Chair Spence -Jones: Oh, okay. City of Miami Page 250 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Commissioner Sarnoff. The firefighters want to go to the County? Mr. Suarez: I believe the City of Hialeah firefighters are one of the most poorly compensated -- Vice Chair Spence -Jones: No, no, no. Mr. Suarez: -- in South Florida, so I think it would -- Mr. Hernandez: But aren't they neutral on the subject? They're remaining neutral, right? Mr. Suarez: I believe they're officially neutral. They might officially be neutral. Chair Sanchez: I think the position that we have to take is we have to circle the wagons on this one. Commissioner Sarnoff. Yeah, I agree. Commissioner Gonzalez: Oh, yeah. Chair Sanchez: Got to circle the wagons on this one. Commissioner Gonzalez: Yeah. Chair Sanchez: Just like the other -- Commissioner Sarnoff. I say we build -- Chair Sanchez: -- five municipalities -- Commissioner Sarnoff. -- a trench around County Hall and we start filling it today, and then we get all the ex -military surplus we have. Chair Sanchez: I don't think we need any action -- Commissioner Regalado: Can -- Chair Sanchez: -- to authorize (UNINTELLIGIBLE). Commissioner Regalado: -- Mr. -- can you find out how many calls you get from the County buildings in the City ofMiami on rescue? Deputy Fire Chief Maurice Kemp: We have that information; we can forward it to you. Commissioner Regalado: Will you? Deputy Fire Chief Kemp: Yes. Commissioner Regalado: Please. Deputy Fire Chief Kemp: And I'll -- Maurice Kemp, deputy fire chief. I'd like to thank the Commission for their support on this item. I appreciate -- we appreciate it. Mr. Hernandez: Commissioners, and just for general information, my understanding is that we provide more mutual aid help to the County than what they provide to us, so we go out of our jurisdiction to help them out a lot more than they come into our jurisdiction to help. City ofMiami Page 251 Printed on 8/18/2008 City Commission Meeting Minutes July 24, 2008 Mr. Suarez: I believe at -- our last statistic was at least two to three times as often we leave the City. Chair Sanchez: All right. Mr. Manager, you know what to do? Commissioner Gonzalez: All right. Mr. Hernandez: Yes. I've talked to Robert already today, and we'll be working together. Chair Sanchez: Okay. Need a motion to adjourn. Commissioner Gonzalez: Motion to adjourn. Commissioner Sarnoff. So moved. Chair Sanchez: Motion to adjourn is always accepted. We have a maker of the motion and a second. No discussion -- Vice Chair Spence -Jones: So moved. Chair Sanchez: -- on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: All right, ladies and gentlemen, thank you so much. The City ofMiami Commission meeting stands in adjournment. A motion was made by Commissioner Gonzalez, seconde by Commissioner Sarnoff, and was passed unanimously, to adjourn toddy's meeting. City ofMiami Page 252 Printed on 8/18/2008